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Agenda 01-14-25
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.Information Only A.Quarterly Progress Report from BB QOZ, LLC for the 115 N. Federal Highway Mixed-Use Project (aka The Pierce) - October 2024 - December 2024 B.Quarterly Progress Report #7 from Pulte Home Company, LLC for the Cottage District Infill Housing Redevelopment Project - October 2024 - December 2024 9.Announcements and Awards Community Redevelopment Agency Board Meeting Tuesday, January 14, 2025 - 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and Online Meeting 561-737-3256 AGENDA REVISED AGENDA INFORMATION - Due to the Special Joint Meeting of the Boynton Beach Community Redevelopment Agency (BBCRA) Board and the City of Boynton Beach Commission, the regularly scheduled January 14, 2025, CRA Board Meeting will start at a time not certain, but following as soon thereafter, the conclusion of the Special Joint Meeting which begins at 6:00PM. 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 1 10.Public Comments 11.Consent Agenda A.CRA Financial Report Period Ending December 31, 2024 B.Approval of a 90-day Extension to the Commercial Property Improvement Grant Program with Jken Boutique LLC located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 9 C.Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $24,000 to EGVV LLC d/b/a Paloma Mexican Restaurant located in 500 Ocean at 510 E. Ocean Avenue, Unit 105 D.Approval of Extension of Contract between the CRA and Sadler Builders, Inc. 12.Pulled Consent Agenda Items 13.CRA Advisory Board A.2025 CRA Advisory Board Meeting Dates B.Pending Assignments - New Assignments from the CRA Board Assigned at the February 13, 2024 CRA Monthly Board Meeting C.Reports on Pending Assignments - New Assignments from the CRA Board Assigned at the February 13, 2024 CRA Monthly Board Meeting - 2016 CRA Plan Revision Recommendations 14.Old Business A.Continued Discussion and Consideration of Circuit Transit Inc.'s Contract for On- Demand Transportation Services B.Continued Discussion and Consideration of MLK Jr. Boulevard Corridor Mixed Use Project Update (d/b/a Heart of Boynton Shops) C.Continued Discussion and Consideration of Search for the New Executive Director - TABLED 11/21/2024 15.New Business A.Discussion and Consideration of Executive Recruitment Firms for Executive Director Candidates - TABLED 11/21/2024 B.Discussion and Consideration of the Andrews House Located at 306 SE 1st Avenue 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. 2 C.Discussion and Consideration of Tax Increment Funding Request from Time Equities for the Town Square Project located at 100 E. Ocean Avenue D.Discussion and Consideration of the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach CRA for Providing Reimbursement for the Construction Costs of the Neighborhood Officer Policing Program Location located within the Boynton Beach Community Redevelopment Area E.Discussion and Consideration of the Authorization of Acting Executive Director to Sign the Construction Contract for Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program 16.CRA Projects in Progress A.2024 Holiday Boat Parade Recap B.Social Media & Print Marketing Update C.CRA Economic & Business Development Grant Program Update 17.Future Agenda Items A.Discussion and Consideration of the Second Amendment to the Purchase and Development Agreement between the CRA and BB QOZ, LLC for the 115 N. Federal Highway Mixed Use Project (aka The Pierce) B.Discussion and Consideration of a First Amendment to the 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 C.Discussion and Consideration of Approval of Circuit Transit Inc.'s Contract for On- Demand Transportation Services 18.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 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 INFORMATION ONLY AGENDA ITEM 8.A SUBJECT: Quarterly Progress Report from BB QOZ, LLC for the 115 N. Federal Highway Mixed-Use Project (aka The Pierce) - October 2024 - December 2024 SUMMARY: On June 7, 2022, the CRA Board approved the 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 submitted on January 6, 2025 (see Attachment IV). On August 14, 2024, the Court rendered a final opinion in favor of the City of Boynton on the pending litigation that challenged the abandonments of a portion of the north alley, the entire south alley, and NE 1st Avenue (see Attachments V - VII). Based on the Court's decision and pursuant to the terms of the First Amendment to the Purchase and Development Agreement, BB QOZ, LLC will have until December 12, 2024 (120 days from the Court's final Opinion) to submit all construction documents and applications necessary to obtain building permits for the project (see Attachment VIII). On October 29, 2024, BB QOZ, LLC paid the Building Department plan review fees and submitted all documents necessary to obtain building permits for the project (see Attachment IX). BB QOZ, LLC will be resubmitting a separate building permit for the Hurricane Alley building to be located at 508 E. Boynton Beach Boulevard. 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 4 •Attachment I - Executed 115 N. Federal Highway Mixed Use Project (aka The 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 - CRA Report - Q4 2024 •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 - Court Opinion Facesheet •Attachment VIII - First Amendment to Purchase and Development Agreement •Attachment IX - Building Department Confirmation 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Mark 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Mark 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 Mark 163 164 165 166 167 168 Project: The Pierce Date: 01/06/2025 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. On August 14, 2024, the court denied Camalier’s Petition and the project is able to proceed pursuant to the terms of the First Amendment to the Purchase and Development Agreement. The development team has submitted an application for building permit on October 28, 2024. Following comments by Staff, the development & design teams have decided to submit a separate building permit for the new stand alone Hurricane Alley building. At this time, all comments have been received by City Staff and the design team is targeting a resubmittal in January 2025. In an effort to accelerate the construction timeframe and commence certain pre-construction activities, the development team desires to have the option to close on the land prior to the Closing Date. A draft of the second amendment stipulating the terms of this agreement has been presented to the &5$'s attorney’s office and is pending staff approval to present it to the CRA board. 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 Annual Performance Report April 30, 2024 Submitted on May 10, 2024 Annual Presentation On or before July 8, 2024 Complete Date Final Judgement was rendered August 14, 2024 Complete Apply for Building Permit December 12, 2024 Complete on October 28, 2024 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 169 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 COPY170 -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 COPY171 -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 COPY172 -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 COPY173 -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 COPY174 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 COPY175 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 COPY176 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 COPY177 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 COPY178 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 COPY179 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 COPY180 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 COPY181 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 COPY182 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 COPY183 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 COPY184 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 COPY185 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 COPY186 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 COPY187 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 COPY188 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 COPY189 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 COPY190 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 COPY191 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 COPY192 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 COPY193 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 COPY194 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 COPY195 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 COPY196 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 COPY197 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 COPY198 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 COPY199 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 COPY200 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 COPY201 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 COPY202 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 COPY203 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 COPY204 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 COPY205 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 COPY206 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 COPY207 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 COPY208 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 COPY209 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 COPY210 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 COPY211 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 COPY212 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 COPY213 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 COPY214 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 COPY215 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 COPY216 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 COPY217 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 COPY218 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 COPY219 EXHIBIT A NOT A CERTIFIED COPY220 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 COPY221 2 Scenario 1 - Preliminary Indicative Project Massing – Controlled Sites + City Site NOT A CERTIFIED COPY222 3 Scenario 2 - Preliminary Indicative Project Massing – Full Assemblage NOT A CERTIFIED COPY223 NOT A CERTIFIED COPY224 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. NOT A CERTIFIED COPY225 NOT A CERTIFIED COPY226 NOT A CERTIFIED COPY227 NOT A CERTIFIED COPY228 NOT A CERTIFIED COPY229 EXHIBIT D NOT A CERTIFIED COPY230 NOT A CERTIFIED COPY231 NOT A CERTIFIED COPY232 NOT A CERTIFIED COPY233 NOT A CERTIFIED COPY234 NOT A CERTIFIED COPY235 NOT A CERTIFIED COPY236 NOT A CERTIFIED COPY237 NOT A CERTIFIED COPY238 NOT A CERTIFIED COPY239 NOT A CERTIFIED COPY240 NOT A CERTIFIED COPY241 NOT A CERTIFIED COPY242 NOT A CERTIFIED COPY243 NOT A CERTIFIED COPY244 NOT A CERTIFIED COPY245 NOT A CERTIFIED COPY246 NOT A CERTIFIED COPY247 NOT A CERTIFIED COPY248 NOT A CERTIFIED COPY249 NOT A CERTIFIED COPY250 NOT A CERTIFIED COPY251 NOT A CERTIFIED COPY252 NOT A CERTIFIED COPY253 NOT A CERTIFIED COPY254 NOT A CERTIFIED COPY255 NOT A CERTIFIED COPY256 NOT A CERTIFIED COPY257 NOT A CERTIFIED COPY258 NOT A CERTIFIED COPY259 NOT A CERTIFIED COPY260 NOT A CERTIFIED COPY261 NOT A CERTIFIED COPY262 NOT A CERTIFIED COPY263 NOT A CERTIFIED COPY264 NOT A CERTIFIED COPY265 NOT A CERTIFIED COPY266 NOT A CERTIFIED COPY267 NOT A CERTIFIED COPY268 NOT A CERTIFIED COPY269 NOT A CERTIFIED COPY270 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA APPELLATE DIVISION: AY CASE NO.: 50-2023-CA-009318-XXXX-MB 209 N. FEDERAL, LLC, Petitioner, vs. CITY OF BOYNTON BEACH, Respondent. ______________________________/ Opinion filed: August 14, 2024 On Petition for Writ of Certiorari from the City Commission of the City of Boynton Beach. For Petitioner: Beth-Ann E. Krimsky, Esq., and Aaron T. Williams, Esq. 200 E. Broward Boulevard, Suite 1800 Fort Lauderdale, FL 33301 beth-ann.krimsky@gmlaw.com; aaron.williams@gmlaw.com For Respondent: Anne R. Flanigan, Esq. 200 E. Broward Boulevard, Suite 1900 Fort Lauderdale, FL 33301 aflanigan@wsh-law.com PER CURIAM. The Petition for Writ of Certiorari is DENIED. SHERMAN, BONAVITA, and COLLINS, JJ., concur. 271 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA APPELLATE DIVISION: AY CASE NO.: 50-2023-CA-009318-XXXX-MB 209 N. FEDERAL, LLC, Petitioner, Opinion/Decision filed: August 14, 2024 vs. Petition for Writ of Certiorari from the City Commission of the City of Boynton Beach CITY OF BOYNTON BEACH, Respondent. Petition filed: April 7, 2023 _____________________________/ DATE OF PANEL: AUGUST 13, 2024 PANEL JUDGES: SHERMAN, BONAVITA, COLLINS GRANTED/DENIED/OTHER: DENIED PER CURIAM OPINION/DECISION BY: PER CURIAM CONCURRING: ) DISSENTING: ) CONCURRING SPECIALLY: ) ) With/Without Opinion ) With/Without Opinion ) ) ) ) /s/ James Sherman ) _____________________ ) _________________________ ) DATE: 08/13/2024 J. ) J. ) J. ) ) ) ) /s/ August Bonavita ) _____________________ ) _________________________ ) DATE: 08/13/2024 J. ) J. ) J. ) ) ) ) /s/ Sherri L. Collins ) _____________________ ) _________________________ ) DATE: 08/13/2024 J. ) J. ) J. ) 272 273 274 275 276 1 Tack, Timothy From:Temple, Adam N. Sent:Wednesday, October 30, 2024 8:54 AM To:Tack, Timothy Subject:Regarding The Pierce: Commercial Permit Application [CMUL-2024.10.68692] FYI – they submitted on 10/4 and paid plan review fees yesterday, so The Pierce is officially in review. https://www.sagesgov.com/Project/Overview.aspx?id=449062 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/ Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 277 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 INFORMATION ONLY AGENDA ITEM 8.B SUBJECT: Quarterly Progress Report #7 from Pulte Home Company, LLC for the Cottage District Infill Housing Redevelopment Project - October 2024 - December 2024 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. On September 12, 2023, the Board approved the First Amendment to the PDA that extended the time frame for all parties to agree on the Form of Restrictive Covenant prior to Closing and allow the plat application to be submitted within 90 days of site plan approval for consistency with the City's development review process (see Attachments I & II). On May 14, 2024, the Board approved the Second Amendment to the PDA which extended the closing date of the sale of the property to Pulte on or before December 26, 2024. The Second Amendment to the PDA was approved by the CRA Board on July 9, 2024 (see Attachment III). On December 13, 2024, the closing on the property took place. The Cottage District will consist 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. Pursuant to Section 22.l of the PDA, Pulte is required to provide a written quarterly report to the CRA Board. The January 6, 2025, letter and report (see Attachment IV & V) indicates the project is proceeding on schedule and includes the following updates: The Declaration, Covenant, Conditions and Restrictions were provided to the CRA on January 22, 2024. Final site plan and rezoning was approved in February 2024. CRA staff and legal reviewed and accepted the master declaration of restrictive covenants for workforce housing on February 13, 2024. Permits, single family model home permits submitted July 19, 2024 & townhome model permits submitted July 25, 2024. The model home/townhome permits are in review. Revisions to the Land Development Permit were submitted on September 10, 2024; additional City comments were received by Pulte on October 23, 2024; Pulte responded 278 •Attachment I - Purchase and Development Agreement •Attachment II - First Amendment to Purchase and Development Agreement •Attachment III - Second Amendment to Purchase and Development Agreement •Attachment IV - January 6, 2025 Pulte Report Letter •Attachment V - Pulte Cottage District Report #7 on December 4, 2024 and Pulte is to provide the surety bond. The Design Plans and Plat are in technical compliance with the Land Development Regulations, approved Site Plan, and Conditions of approval. The Plat was approved by the City and the CRA and was recorded on December 10, 2024. The closing of the property was completed on December 13, 2024. Pulte has requested that the Land Development Permit be issued prior to the Developer's Agreement being approved by the City so that Pulte may proceed with sitework and construction. FISCAL IMPACT: No Fiscal Impact 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 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 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. 305 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 306 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 307 561-600-9098 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 308 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. 309 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 310 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. 311 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: _____________________________________ 312 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 40 313 Cottage District – Letter of Intent 1475 Centrepark Blvd., Suite 305 West Palm Beach, FL 33401 Exhibit C: Sample Elevations of Single-Family Product 314 1,447 A/C Sq. Ft. | 3 Bedrooms | 2 Baths Browning Home Exterior FM1 Home Exterior CO1 315 • 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 316 1,662 A/C Sq. Ft. | 3 Bedrooms | 2 Baths Chapman Home Exterior FM1 Home Exterior CO1 317 • 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 2 318 1,822 A/C Sq. Ft. | 3 Bedrooms | 2.5 Baths Hamden Home Exterior FM1 Home Exterior CO1 319 • 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 320 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 321 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. 322 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. 323 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: _____________________________________ 324 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 40 325 | 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 | 4 326 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 327 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 328 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 329 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 330 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 331 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 332 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 333 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 334 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 335 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 FLOOR336 © 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 337 Browning Model Chapman Model Hamden Model Craftsman Coastal Mediterranean (CRA Board Selected Option) 338 339 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. 340 © 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' 341 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 342 Browning343 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 344 Chapman345 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 346 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 347 Hamden348 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 CO4CO5CO6349 BOYNTON COTTAGE DISTRICT UNDER AIR 350 BOYNTON COTTAGE DISTRICT UNDER AIR 351 6 Unit A 352 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 Azul353 6 Unit B 354 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 Lullaby355 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 356 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 $11,701,742 357 358 359 360 361 1475 Centrepark Blvd, Suite 140, West Palm Beach, FL 33401 January 6, 2025 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 seventh 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. Older items have been removed from this cover letter but remain in the report. 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. Site plan, rezoning and variance approvals were obtained on February 6, 2024. Pulte submitted the plat on February 27, 2024, received comments on April 12, 2024 and resubmitted on May 6, 2024. We received staff comments on June 14, 2024 and met with staff to review on June 21, 2024. The June comments indicated that the plat was ready for certification review; however, the plat will not be scheduled for City Commission approval until the Land Development Permit has received Technical Compliance. In November, staff indicated they would now proceed with the plat approval. The plat was approved on November 19, 2024 and recorded on December 10, 2024. We submitted the Land Development Permit (LDP) on February 27, 2024. The plat comments received on April 12th included comments on the LDP engineering plans. We were also advised to resubmit the LDP to staff and did so on May 6, 2024. We received staff comments on June 14, 2024 and met with staff to review on June 21, 2024. At that time, we were advised to instead submit via SAGES and did so on July 15, 2024. Staff comments were received on August 20, 2024 and we resubmitted on September 10, 2024. Additional staff comments were received on October 23, 2024 and we resubmitted on December 4, 2024. At this point, we believe all technical comments have been addressed and request the LDP be issued as soon as we provide the surety bond. This will allow us to commence site work and start homebuilding without further delay. Land Closing Pulte closed on the land on December 13, 2024. Developers Agreement On April 26, 2024, we received the draft Developer's Agreement, we provided our comments on May 20, 2024, and met with City staff to review on May 30, 2024. Staff comments were received on June 11, 2024. We were also advised that the LDP would need to progress before the Developer’s Agreement could be finalized. Pulte and City staff have had several meetings regarding the Developer’s Agreement; however, the agreement is not ready for City Commission review. City staff has indicated that the Developer’s Agreement must be approved prior to 362 1475 Centrepark Blvd, Suite 140, West Palm Beach, FL 33401 issuance of the LDP but we respectfully request that the LDP be issued prior to the Developer’s Agreement as it is ready to be issued and this will allow us to proceed with site work and start the homes. Tying the Developer’s Agreement to the LDP will delay the project. Sales and Marketing Deadlines The First Amendment to the PDA extends the timeframe for the Form of Restrictive Covenant to Prior to Closing. CRA staff approved the Form of Restrictive Covenant on February 13, 2024. 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 363 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 COMPLETED Submit applications for platting, site plan and zoning Within 60 days of second deposit – 9/1/23 Site plan, rezoning and variance approvals were obtained on 2/6/2024. Plat approved on 11/19/24 and recorded on 12/10/24. Provide a copy of all HOA governing documents Prior to Site Plan Approval COMPLETED Submit Plat 90 days within Site Plan Approval APPROVED and RECORDED Obtain all site plan and development permit approvals Within twelve months after application Site plan and rezoning approval obtained on 2/6/24. We submitted the Land Development Permit (LDP) on 2/27/24. The plat comments received on 4/12/24 included comments on the LDP engineering plans. We were also advised to resubmit the LDP to staff and did so on 5/6/24. We received staff comments on 6/14/24 and met with staff to review on 6/21/24. At that time, we were advised to instead submit via SAGES and did so on 7/15/24. Staff comments were received on 8/20/24. Revisions were submitted on 9/10/24. Additional staff comments were received on 10/23/24. We resubmitted on 12/4/24. At this point, we believe all technical items have been addressed and the LDP should be issued once we provide the surety bond. City staff has said that the Developers’ Agreement must be approved by the City Commission prior to the issuance of the LDP but this stance will delay the project. We respectfully request that the LDP be issued now so that 364 Boynton Beach CRA and Pulte Home Company PDA Deadlines we can proceed with sitework and commence homebuilding. Closing Date *Earlier of 30 days 1) after the last of the Closing Conditions has been satisfied or 2) 12 months after the end of the Feasibility period. CLOSED on 12/13/24 Submit building permits Within 180 days of site plan approval, unless City requires additional approvals before permit can be submitted COMPLETED The single family model permits were submitted on 7/19/24 and the townhome model permits were submitted on 7/25/24. The single family permits have completed three rounds of review and issuance of LDP is the primary remaining item. Two rounds of comments have been provided on the townhome permits and we anticipate resubmitting within two weeks. Commence site work Within 90 days of land development permit issuance Date TBD; we are pending receipt of the LDP 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 365 Boynton Beach CRA and Pulte Home Company PDA Deadlines 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. CRA staff responded on 2/13/24 approving the draft. 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 366 •Attachment I - December 2024 Financial Summary COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 CONSENT AGENDA AGENDA ITEM 11.A SUBJECT: CRA Financial Report Period Ending December 31, 2024 SUMMARY: CRA Financial Services staff is providing the CRA Board with the December 31, 2024 (Attachment I): Statement of Revenues, Expenditures and Changes in Fund Balance Report, and Budget Comparison Schedule - General Fund. FISCAL IMPACT: FY 2024-2025 Annual Budget CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY 2024-2025 CRA Budget CRA BOARD OPTIONS: Approve the CRA's monthly financial and budget reports for the period ending December 31, 2024. ATTACHMENTS: Description 367 General Fund Projects Fund Debt Service Fund Total Governmental Funds REVENUES Tax increment revenue 24,518,916 - - 24,518,916 Marina Rent & Fuel Sales 401,382 - - 401,382 Contributions and donations - - - - Interest and other income 85,808 2,597,345 1,438 2,684,591 Total revenues 25,006,106 2,597,345 1,438 27,604,888 EXPENDITURES General government 1,103,166 - - 1,103,166 Redevelopment projects - 872,616 - 872,616 Debt service:- Principal - - - - Interest and other charges - - - - Total expenditures 1,103,166 872,616 - 1,975,783 23,902,939 1,724,729 1,438 25,629,106 OTHER FINANCING SOURCES (USES) Funds Transfers in - - - - Funds Transfers out - - - - Total other financing sources (uses) - - - - Net change in fund balances 23,902,939 1,724,729 1,438 25,629,106 Fund balances - beginning of year 4,869,740 19,070,941 230,912 24,171,593 Fund balances - end of year 28,772,679 20,795,670 232,350 49,800,699 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, 2024 (A Component Unit of the City of Boynton Beach, Florida) The notes to the basic financial statements are an integral part of this statement. 1 368 Original Budget Final Budget Actual REVENUES Tax increment revenue 24,279,354$ 24,279,354$ 24,518,916 Marina Rent & Fuel Sales 1,300,000 1,300,000 401,382 Interest and other income - - 85,808 Other financing sources (uses) - - - Total revenues 25,579,354 25,579,354 25,006,106 EXPENDITURES General government 5,670,284 5,750,059 1,103,166 Total expenditures 5,670,284 5,750,059 1,103,166 19,909,070 19,829,295 23,902,939 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (19,909,070) (19,909,070) - Total other financing sources (uses) (19,909,070) (19,909,070) - Net change in fund balances -$ (79,775)$ 23,902,939 Fund balances - beginning of year 4,869,740 Fund balances - end of year 28,772,679 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, 2024 The notes to the basic financial statements are an integral part of this statement. 1 369 1/6/2025 10:37:43 AM Page 1 of 5 Detail vs Budget Report Boynton Beach CRA, FL Account Summary Date Range: 12/01/2024 - 12/31/2024 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01 - GENERAL FUND Revenue 01-41000 T.I.F. COLLECTIONS 239,562.00-24,518,916.00-24,518,916.000.00-24,279,354.000.00 0.99% 01-42115 MARINA RENTS -63,898.00-36,102.00-12,034.00-24,068.00-100,000.000.00 -63.90% 01-42116 MISCELLANEOUS RENTS FRO PROPER 72,077.82-72,077.82-28,218.44-43,859.380.000.00 0.00% 01-42117 MARINA FUEL SALES -908,714.77-291,285.23-114,634.37-176,650.86-1,200,000.000.00 -75.73% 01-42118 MARINA MISC INCOME 1,916.45-1,916.45-953.30-963.150.000.00 0.00% 01-46100 INTEREST INCOME 39,083.52-39,083.52-31,078.30-8,005.220.000.00 0.00% 01-47200 IN KIND REVENUE 38,793.51-38,793.51-14,431.17-24,362.340.000.00 0.00% 01-48100 MISCELLANEOUS INCOME 7,931.07-7,931.07-3,333.28-4,597.790.000.00 0.00% Revenue Totals:0.00 -25,579,354.00 -282,506.74 -24,723,598.86 -25,006,105.60 -573,248.40 -2.24% Expense 01-51010-200 CONTRACTUAL EXPENSE 26,078.59763.50565.75197.7526,842.090.00 97.16% 01-51010-216 ADVERTISING & PUBLIC NOTICES 10,000.000.000.000.0010,000.000.00 100.00% 01-51010-225 ASSOC. MEETINGS & SEMINARS 24,966.024,033.9833.984,000.0029,000.000.00 86.09% 01-51010-227 DELIVERY SERVICES 361.00139.00139.000.00500.000.00 72.20% 01-51010-310 OFFICE SUPPLIES 800.000.000.000.00800.000.00 100.00% 01-51230-100 PERSONNEL SERVICES 475,730.7667,759.2430,352.8037,406.44543,490.000.00 87.53% 01-51230-115 CAR ALLOWANCE 8,672.32927.68415.38512.309,600.000.00 90.34% 01-51230-225 ASSOC. MEETINGS & SEMINARS 16,225.60274.40-305.65580.0516,500.000.00 98.34% 01-51230-226 MEMBERSHIP DUES 13,794.504,605.500.004,605.5018,400.000.00 74.97% 01-51230-227 DELIVERY SERVICES 500.000.000.000.00500.000.00 100.00% 01-51230-229 CAREER DEVELOPMENT 19,500.000.000.000.0019,500.000.00 100.00% 01-51230-310 OFFICE SUPPLIES 2,826.71-326.71-337.6110.902,500.000.00 113.07% 01-51230-315 POSTAGE 3,000.000.000.000.003,000.000.00 100.00% 01-51230-340 CELLULAR PHONES 1,723.97276.0396.51179.522,000.000.00 86.20% 01-51230-355 SUBSCRIPTIONS 1,565.00135.000.00135.001,700.000.00 92.06% 01-51230-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51230-400 EQUIPMENT COSTS 4,000.000.000.000.004,000.000.00 100.00% 01-51325-100 PERSONNEL SERVICES 199,378.4869,076.5230,975.6038,100.92268,455.000.00 74.27% 01-51325-115 CAR ALLOWANCE 2,672.32927.68415.38512.303,600.000.00 74.23% 01-51325-200 CONTRACTUAL EXPENSE 125.00175.000.00175.00300.000.00 41.67% 01-51325-201 BANK FEES 5,959.5640.4413.4826.966,000.000.00 99.33% 01-51325-225 ASSOC. MEETINGS & SEMINARS 8,205.621,094.38798.38296.009,300.000.00 88.23% 01-51325-226 MEMBERSHIP DUES 1,700.000.000.000.001,700.000.00 100.00% 01-51325-227 DELIVERY COSTS 300.000.000.000.00300.000.00 100.00% 01-51325-229 CAREER DEVELOPMENT 12,000.000.000.000.0012,000.000.00 100.00% 370 Detail vs Budget Report Date Range: 12/01/2024 - 12/31/2024 1/6/2025 10:37:43 AM Page 2 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51325-310 OFFICE SUPPLIES 1,860.86139.14133.255.892,000.000.00 93.04% 01-51325-340 CELLULAR PHONES 1,723.97276.0396.51179.522,000.000.00 86.20% 01-51325-355 SUBSCRIPTIONS 2,501.001,499.000.001,499.004,000.000.00 62.53% 01-51325-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51325-365 OFFICE PRINTING COSTS 1,862.81137.190.00137.192,000.000.00 93.14% 01-51325-400 EQUIPMENT COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51410-213 GENERAL PROPERTY COVERAGE 207,788.13192,705.870.00192,705.87400,494.000.00 51.88% 01-51420-200 CONTRACTUAL EXPENSE 49,415.0618,584.9418,050.00534.9468,000.000.00 72.67% 01-51420-201 CONTRACT LEGAL 190,513.5023,486.5010,488.0012,998.50207,000.00-7,000.00 92.04% 01-51420-202 WEBSITE HOSTING, REDESIGN & MAINT 31,298.307,444.896,681.63763.2654,486.8915,743.70 57.44% 01-51420-204 CITY STAFF COSTS 39,496.002,376.002,376.000.0039,496.00-2,376.00 100.00% 01-51440-100 PERSONNEL SERVICES 168,077.7158,531.2926,246.2532,285.04226,609.000.00 74.17% 01-51440-225 ASSOC. MEETINGS & SEMINARS 4,635.591,064.41455.49608.925,700.000.00 81.33% 01-51440-226 MEMBERSHIP DUES 1,315.00385.000.00385.001,700.000.00 77.35% 01-51440-227 DELIVERY SERVICES 560.9239.0839.080.00600.000.00 93.49% 01-51440-229 CAREER DEVELOPMENT 16,000.000.000.000.0016,000.000.00 100.00% 01-51440-310 OFFICE SUPPLIES 1,978.3121.6915.805.892,000.000.00 98.92% 01-51440-340 CELLULAR PHONES 957.00243.0090.00153.001,200.000.00 79.75% 01-51440-355 SUBSCRIPTIONS 2,000.000.000.000.002,000.000.00 100.00% 01-51440-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-51440-365 OFFICE PRINTING COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51620-200 CONTRACTUAL EXPENSE 4,910.0389.9789.970.005,000.000.00 98.20% 01-51620-201 PROPERTY TAXES & ASSOC. DUES 115,379.8089,491.411,668.5287,822.89204,871.210.00 56.32% 01-51620-202 MARINA POLICE 57,437.163,314.780.003,314.7860,751.940.00 94.54% 01-51620-205 RENTAL OF OFFICES 24,816.005,184.000.005,184.0030,000.000.00 82.72% 01-51620-208 EQUIPMENT LEASES 11,454.87891.07345.94545.1312,000.00-345.94 95.46% 01-51620-209 PROPERTY MAINTENENCE COST 505,782.8932,575.3610,454.6722,120.69531,327.00-7,031.25 95.19% 01-51620-210 IN KIND EXPENSE -38,793.5138,793.5114,431.1724,362.340.000.00 0.00% 01-51620-211 VEHICLE MAINTENANCE / FUEL 9,952.8047.2047.200.0010,000.000.00 99.53% 01-51620-212 HURRICANE/PROPERTY CONTINGENCY 35,000.000.000.000.0035,000.000.00 100.00% 01-51620-224 SIGNAGE 20,000.000.000.000.0020,000.000.00 100.00% 01-51620-325 ELECTRICITY COSTS 28,192.571,807.43659.831,147.6030,000.000.00 93.98% 01-51620-326 WATER CHARGES 24,113.69886.31315.69570.6225,000.000.00 96.45% 01-51630-200 CONTRACTUAL 600.000.000.000.00600.000.00 100.00% 01-51630-209 PROPERTY MAINTENENCE 108,459.3011,540.705,046.206,494.50120,000.000.00 90.38% 01-51630-241 MARINA FUEL MANAGEMENT 184,962.9460,037.0620,012.3440,024.72245,000.000.00 75.50% 01-51630-242 MARINE FUEL STATION OVERHEAD 54,160.695,839.313,307.202,532.1160,000.000.00 90.27% 01-51630-310 OFFICE SUPPLIES 902.62297.38115.80181.581,200.000.00 75.22% 01-51630-325 ELECTRIC COSTS 13,955.402,044.60605.471,439.1316,000.000.00 87.22% 01-51630-326 WATER COSTS 7,756.912,243.09325.621,917.4710,000.000.00 77.57% 01-51630-327 GASOLINE & DEISEL FUEL PURCHAS 665,582.09161,617.9179,345.1082,272.81827,200.000.00 80.46% 01-51630-328 MARINA DIESEL SALES TAX 18,883.571,116.431,278.93-162.5020,000.000.00 94.42% 01-51650-200 CONTRACTUAL EXPENSE 1,800.000.000.000.001,800.000.00 100.00% 01-51650-210 CITY IT SUPPORT 35,000.007,815.007,815.000.0035,000.00-7,815.00 100.00% 371 Detail vs Budget Report Date Range: 12/01/2024 - 12/31/2024 1/6/2025 10:37:43 AM Page 3 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51650-211 COMPUTER SOFTWARE & LICENSES 6,000.000.000.000.006,000.000.00 100.00% 01-51650-212 FINANCIAL SOFTWARE MAINTENANCE 19,951.0022,109.000.0022,109.0042,060.000.00 47.43% 01-51650-330 TELEPHONE LINES 5,000.000.000.000.005,000.000.00 100.00% 01-51650-400 EQUIPMENT COSTS 7,146.065,853.945,853.940.0013,000.000.00 54.97% 01-51990-200 CONTRACTUAL EXPENSE - CONTINGENCY 100,000.000.000.000.00100,000.000.00 100.00% 01-57400-100 PERSONNEL SERVICES 128,594.0737,560.9317,143.2520,417.68166,155.000.00 77.39% 01-57400-216 ADVERTISING & PUBLIC NOTICES 45,330.003,670.002,545.001,125.0049,000.000.00 92.51% 01-57400-218 ANNUAL REPORT & BROCHURES 5,000.000.000.000.005,000.000.00 100.00% 01-57400-225 ASSOC. MEETINGS & SEMINARS 11,682.36317.64158.64159.0012,000.000.00 97.35% 01-57400-226 MEMBERSHIP DUES 9,225.001,475.00110.001,365.0010,700.000.00 86.21% 01-57400-227 DELIVERY SERVICES 1,500.000.000.000.001,500.000.00 100.00% 01-57400-229 CAREER DEVELOPMENT 10,500.000.000.000.0010,500.000.00 100.00% 01-57400-236 PHOTOGRAPHY / VIDEOS 20,000.000.000.000.0020,000.000.00 100.00% 01-57400-310 OFFICE SUPPLIES 1,946.2553.7547.865.892,000.000.00 97.31% 01-57400-340 CELLULAR PHONES 1,605.32394.68140.56254.122,000.000.00 80.27% 01-57400-355 SUBSCRIPTIONS 2,100.000.000.000.002,100.000.00 100.00% 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 137,086.3229,134.6813,064.7016,069.98166,221.000.00 82.47% 01-57500-225 ASSOC. MEETINGS & SEMINARS 9,915.0085.0070.0015.0010,000.000.00 99.15% 01-57500-226 MEMBERSHIP DUES 2,215.00385.000.00385.002,600.000.00 85.19% 01-57500-229 CAREER DEVELOPMENT 11,895.00105.00105.000.0012,000.000.00 99.13% 01-57500-310 OFFICE SUPPLIES 2,079.11-79.11-85.005.892,000.000.00 103.96% 01-57500-340 CELLULAR PHONES 478.50121.5045.0076.50600.000.00 79.75% 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.63,997.8416,002.166,505.639,496.5380,000.000.00 80.00% 01-59000-152 MEDICARE 21,092.973,907.031,686.072,220.9625,000.000.00 84.37% 01-59000-153 RETIREMENT PLAN 401(a)274,366.0075,634.0025,210.0050,424.00350,000.000.00 78.39% 01-59000-154 WORKERS COMP INSURANCE 15,000.000.000.000.0015,000.000.00 100.00% 01-59000-155 HEALTH INSURANCE 178,693.9821,306.02435.3420,870.68200,000.000.00 89.35% 01-59000-156 DENTAL INSURANCE 9,010.99989.01329.67659.3410,000.000.00 90.11% 01-59000-157 LIFE INSURANCE 9,910.0090.0090.000.0010,000.000.00 99.10% 01-59000-158 SHORT / LONG TERM DISABILITY 8,540.891,459.110.001,459.1110,000.000.00 85.41% 01-59000-159 UNEMPLOYMENT CHARGES 5,000.000.000.000.005,000.000.00 100.00% 01-59000-160 VISION INSURANCE 2,876.40123.6041.2082.403,000.000.00 95.88% 01-59000-161 COMPENSATED ABSENSES 65,000.000.000.000.0065,000.000.00 100.00% 01-59800-990 TRANS OUT TO DEBT SERVICE FUND 2,317,425.000.000.000.002,317,425.000.00 100.00% 01-59999-990 INTERFUND TRANSFERS OUT 17,591,645.000.000.000.0017,591,645.000.00 100.00% Expense Totals:-8,824.49 25,659,129.13 755,969.61 347,196.52 1,103,166.13 24,564,787.49 95.74% 01 - GENERAL FUND Totals:-8,824.49 79,775.13 473,462.87 -24,376,402.34 -23,902,939.47 23,991,539.09 02 - PROJECTS FUND Revenue 372 Detail vs Budget Report Date Range: 12/01/2024 - 12/31/2024 1/6/2025 10:37:43 AM Page 4 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 02-44100 FESTIVAL & EVENT INCOME 2,601.53-2,601.53-1,101.53-1,500.000.000.00 0.00% 02-46100 INTEREST INCOME 119,099.83-119,099.83-39,152.64-79,947.190.000.00 0.00% 02-47100 APPLICATION FEES 500.00-500.00-100.00-400.000.000.00 0.00% 02-48100 MISCELLANEOUS INCOME 2,475,143.61-2,475,143.61-2,474,938.11-205.500.000.00 0.00% 02-49100 OTHER FINANCING SOURCES -8,187,298.000.000.000.00-8,187,298.000.00 -100.00% 02-49900 TRANSFERS IN -17,591,645.000.000.000.00-17,591,645.000.00 -100.00% Revenue Totals:0.00 -25,778,943.00 -82,052.69 -2,515,292.28 -2,597,344.97 -23,181,598.03 -89.92% Expense 02-58100-202 CONTINGENCY EXPENSE 200,000.000.000.000.00200,000.000.00 100.00% 02-58100-203 CONTRACTUAL EXPENSE 1,043,850.007,300.000.007,300.001,051,150.000.00 99.31% 02-58100-213 LEGAL FEES 241,840.0043,549.0016,853.0026,696.00285,389.000.00 84.74% 02-58200-401 PROPERTY PURCHASES 6,834,644.40424,671.2050,000.00374,671.207,959,315.60700,000.00 85.87% 02-58200-402 IMPROVEMENTS 4,228,713.004,900.004,900.000.004,233,613.000.00 99.88% 02-58200-404 CONSTRUCTION IN PROGRESS 135,220.200.000.000.00135,220.200.00 100.00% 02-58200-405 SITE WORK AND DEMOLITION FEES 289,002.7437,106.7910,499.2726,607.52316,172.52-9,937.01 91.41% 02-58200-406 INFRASTRUCTURE AND STREETSCAPE 11,036,564.08588.00441.00147.0011,037,152.080.00 99.99% 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 583,524.000.000.000.00583,524.000.00 100.00% 02-58400-444 ECONOMIC DEVELOPMENT GRANTS 983,918.12174,613.3838,014.37136,599.011,176,377.1317,845.63 83.64% 02-58400-445 MARKETING INCENTIVES 217,836.83767.17440.00327.17218,604.000.00 99.65% 02-58500-460 COMMUNITY POLICING INNOVATIONS 1,383,487.550.000.000.001,383,487.550.00 100.00% 02-58500-470 COMMUNITY SUPPORT PROJECTS 619,656.2163,432.5332,931.6830,500.85650,157.06-32,931.68 95.31% 02-58500-480 COMMUNITY SPECIAL EVENTS 531,483.64115,688.3691,588.6924,099.67647,172.000.00 82.12% Expense Totals:674,976.94 29,877,334.14 626,948.42 245,668.01 872,616.43 28,329,740.77 94.82% 02 - PROJECTS FUND Totals:674,976.94 4,098,391.14 544,895.73 -2,269,624.27 -1,724,728.54 5,148,142.74 03 - DEBT SERVICE Revenue 03-46100 INTEREST INCOME 1,437.65-1,437.65-456.18-981.470.000.00 0.00% 03-49900 TRANSFERS IN -2,317,425.000.000.000.00-2,317,425.000.00 -100.00% Revenue Totals:0.00 -2,317,425.00 -981.47 -456.18 -1,437.65 -2,315,987.35 -99.94% Expense 03-59800-814 BOND 2012 PRINCIPAL 1,487,000.000.000.000.001,487,000.000.00 100.00% 03-59800-815 BOND 2015 PRINCIPAL 705,000.000.000.000.00705,000.000.00 100.00% 03-59800-824 BOND 2012 INTEREST 77,235.000.000.000.0077,235.000.00 100.00% 03-59800-826 BOND 2015 INTEREST 47,190.000.000.000.0047,190.000.00 100.00% 03-59800-830 FINANCIAL AGENT FEES 1,000.000.000.000.001,000.000.00 100.00% Expense Totals:0.00 2,317,425.00 0.00 0.00 0.00 2,317,425.00 100.00% 03 - DEBT SERVICE Totals:0.00 0.00 -981.47 -456.18 -1,437.65 1,437.65 Report Total:666,152.45 4,178,166.27 1,017,377.13 -26,646,482.79 -25,629,105.66 29,141,119.48 373 Detail vs Budget Report Date Range: 12/01/2024 - 12/31/2024 1/6/2025 10:37:43 AM Page 5 of 5 Fund Summary Fund Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining -8,824.49 79,775.13 473,462.87 -24,376,402.34 -23,902,939.47 23,991,539.0901 - GENERAL FUND 674,976.94 4,098,391.14 544,895.73 -2,269,624.27 -1,724,728.54 5,148,142.7402 - PROJECTS FUND 0.00 0.00 -981.47 -456.18 -1,437.65 1,437.6503 - DEBT SERVICE Report Total:666,152.45 4,178,166.27 1,017,377.13 -26,646,482.79 -25,629,105.66 29,141,119.48 374 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 CONSENT AGENDA AGENDA ITEM 11.B SUBJECT: Approval of a 90-day Extension to the Commercial Property Improvement Grant Program with Jken Boutique LLC located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 9 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. On May 14, 2024, the CRA Board approved a Commercial Property Improvement Grant not to exceed the maximum grant award of $2,753.70 for exterior signage to Jken Boutique LLC located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 9, Boynton Beach, FL 33435 (see Attachments I-IV). Jken Boutique is a family-owned and operated boutique offering a wide variety of clothes and accessories for both children and adults. They also carry sunglasses, watches, jewelry, home goods and much more. Per the grant's Program Rules & Regulations, a grantee has 180 days from permit approval to complete the project and submit for reimbursement. The permit for the signage was approved on April 19, 2024, and the signage was installed in April prior to the 180 days deadline. However, the grantee has not been able to obtain the necessary permit inspection from their contractor which is required for the grant reimbursement and close-out process. On October 28, 2024, JKen Boutique requested the 90-day administrative extension which was approved by staff to allow more time for them to coordinate a final inspection with their contractor (see Attachment V). On January 6, 2025, staff received a request for a second 90-day extension as Jken Boutique continues to coordinate with the sign company and landlord for the permit inspection (see Attachment VI). 375 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - Lease •Attachment IV - Sign Quote •Attachment V - Administrative Extension •Attachment VI - 90-day Extension Request Staff supports one 90-day extension from January 14, 2025 to April 14, 2025. FISCAL IMPACT: FY 2023-2024 Budget Project Fund, Line Item 02-58400-444, $2,753.70 for Property Improvements CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the 90-day Extension to the Commercial Property Improvement Grant Program with Jken Boutique LLC located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 9 from January 14, 2025 to April 14, 2025. ATTACHMENTS: Description 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 7/25/22, 12:15 PM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522200000190 1/1 View Property Record Owners OCEAN PALM PLAZA LLC Property Detail Location 1600 N FEDERAL HWY Municipality BOYNTON BEACH Parcel No.08434522200000190 Subdivision YACHTMANS COVE Book 33180 Page 799 Sale Date DEC-2021 Mailing Address 16950 S JOG RD STE 104 DELRAY BEACH FL 33446 2353 Use Type 1100 - STORES Total Square Feet 15250 Sales Information Sales Date Price DEC-2021 7220000 DEC-2014 3412500 AUG-2005 4700000 DEC-1984 700000 MAY-1981 180000 1 2 Appraisals Tax Year 2021 Improvement Value $1,534,140 Land Value $884,489 Total Market Value $2,418,629 All values are as of January 1st each year Assessed/Taxable values Tax Year 2021 Assessed Value $2,418,629 Exemption Amount $0 Taxable Value $2,418,629 Taxes Tax Year 2021 Ad Valorem $51,320 Non Ad Valorem $13,046 Total tax $64,366 Search by Owner, Address or Parcel 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 This Message Is From an External Sender This message came from outside your organization. From:Nicklien, Bonnie To:Joyel Charles Subject:RE: RE: Date:Monday, October 28, 2024 11:00:00 AM Attachments:~WRD0003.jpg image001.png image002.png image003.png image004.png image005.png image006.png image007.png Hi Joyel, Your grant has been extended to January 14th. You have until then to complete the inspection and submit for reimbursement. Please reach out with any questions. Best Regards, Bonnie From: Joyel Charles <joyelcharles@yahoo.com> Sent: Monday, October 28, 2024 10:29 AM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: RE: RE: Please I would like to request for 90 days extension for jken boutique because the contractor late for the inspection. Yahoo Mail: Search, Organize, Conquer On Mon, Oct 28, 2024 at 9: 35 AM, Nicklien, Bonnie <NicklienB@ bbfl. us> wrote: That’sZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Please I would like to request for 90 days extension for jken boutique because the contractor late for the inspection. Yahoo Mail: Search, Organize, Conquer On Mon, Oct 28, 2024 at 9:35 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: That’s really frustrating! Would you like to request a 90-day extension to try and sort it out or close out the grant 428 This Message Is From an External Sender This message came from outside your organization. and not pursue the reimbursement? 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 Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Joyel Charles <joyelcharles@yahoo.com> Sent: Monday, October 28, 2024 7:34 AM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: RE: Good morning, I keep talking to the guy who put the sign he refused to do the inspection Yahoo Mail: Search, Organize, Conquer On Fri, Oct 25, 2024 at 12: 59 PM, Nicklien, Bonnie <NicklienB@ bbfl. us> wrote: Hi Joyel, Any update on your signage ZjQcmQRYFpfptBannerStart 429 ZjQcmQRYFpfptBannerEnd Good morning, I keep talking to the guy who put the sign he refused to do the inspection Yahoo Mail: Search, Organize, Conquer On Fri, Oct 25, 2024 at 12:59 PM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Hi Joyel, Any update on your signage inspection? You had until October 16th to complete the project and submit for reimbursement under the terms of the Commercial Property Improvement Grant. In the City’s database the permit has expired due to no inspection. You may request one 90-day extension if you would like to work with the sign company to call for inspections. Or the grant award will be terminated and the funding forfeited. Please let me know how you would like to proceed. Best Regards, Bonnie Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 430 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9090 |561-737-3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Nicklien, Bonnie Sent: Monday, September 30, 2024 8:27 AM To: Joyel Charles <joyelcharles@yahoo.com> Subject: RE: Morning! Received. Please send payment when you receive it. Any update on the permit inspection for your signage? Thank you, Bonnie From: Joyel Charles <joyelcharles@yahoo.com> Sent: Friday, September 27, 2024 5:56 PM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: 431 This Message Is From an External Sender This message came from outside your organization. Yahoo Mail: Search, Organize, Conquer ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Yahoo Mail: Search, Organize, Conquer 432 This Message Is From an External Sender This message came from outside your organization. From:Joyel Charles To:Nicklien, Bonnie Subject:Re: Re: Date:Monday, January 06, 2025 11:25:44 AM Attachments:image784648.png image760751.png image697982.png image156365.png image002112.png image795470.png image362193.png image001.png ~WRD0004.jpg image003.png image002.png image005.png image004.png image007.png image006.png Please I am requesting more time for Jken boutique at 1600 N Federal highway Boynton Beach FL,33435 because the contract delay for the inspection please, for 60,or 90 days thank you so much regarding that for me please Sent from Yahoo Mail for iPhone On Monday, January 6, 2025, 11:18 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Okay, please send me a new email thread with your request so I can attach it to the agenda item. Please include how much time you are requesting (30,60, 90 days) and provide a reason for your request. I will need this before the end of the day! Thanks! 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 433 This Message Is From an External Sender This message came from outside your organization. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Joyel Charles <joyelcharles@yahoo.com> Sent: Monday, January 06, 2025 11:10 AM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: Re: Maybe we request for more time please Sent from Yahoo Mail for iPhone On Monday, January 6, 2025, 11: 01 AM, Nicklien, Bonnie <NicklienB@ bbfl. us> wrote: Morning Joyel, I just checked the system. Still no change. Bonnie Nicklien GrantsZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Maybe we request for more time please Sent from Yahoo Mail for iPhone On Monday, January 6, 2025, 11:01 AM, Nicklien, Bonnie <NicklienB@bbfl.us> wrote: Morning Joyel, I just checked the system. Still no change. 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 434 This Message Is From an External Sender This message came from outside your organization. Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Joyel Charles <joyelcharles@yahoo.com> Sent: Monday, January 06, 2025 10:59 AM To: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: Re: Good morning please can you check if any in the system please for inspection Sent from Yahoo Mail for iPhone On Thursday, January 2, 2025, 1: 45 PM, Joyel Charles <joyelcharles@ yahoo. com> wrote: Sent from Yahoo Mail for iPhone ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Good morning please can you check if any in the system please for inspection Sent from Yahoo Mail for iPhone On Thursday, January 2, 2025, 1:45 PM, Joyel Charles <joyelcharles@yahoo.com> wrote: Sent from Yahoo Mail for iPhone 435 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 CONSENT AGENDA AGENDA ITEM 11.C SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $24,000 to EGVV LLC d/b/a Paloma Mexican Restaurant located in 500 Ocean at 510 E. Ocean Avenue, Unit 105 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 EGVV LLC d/b/a Paloma Mexican Restaurant located in 500 Ocean at 510 E. Ocean Avenue, Unit 105, Boynton Beach, FL 33435 (see Attachments I-II). Paloma Mexican Restaurant celebrates the vibrant flavors and traditions of Mexican cuisine, offering a warm and inviting atmosphere for families and friends to connect over authentic dishes. It is their mission to bring Mexican cuisine to the community, creating a space that feels like home while delivering exceptional service and unforgettable dining experiences. Paloma Mexican Restaurant will offer a wide variety of freshly prepared dishes including tacos, enchiladas, and signature salsas all made from traditional recipes with high-quality ingredients. As a full service restaurant, Paloma Mexican Restaurant employs part-time and full-time positions for hostesses, bartenders, chefs, dishwashers, servers and managers. Under the terms of their proposed Landlord-Tenant Lease Agreement, the base rent to be paid by the applicant is $6,401.19 per month (see Attachment III). Paloma Mexican Restaurant qualifies as a Tier I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $2,000 per month for a 12-month period, whichever is less. If approved, Paloma Mexican Restaurant would be reimbursed in the amount of $2,000/month for a period of 12 months or a total grant amount of $24,000 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58400-444, $24,000 436 •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 $24,000 to EGVV LLC d/b/a Paloma Mexican Restaurant located in 500 Ocean at 510 E. Ocean Avenue, Unit 105, Boynton Beach, FL 33435. ATTACHMENTS: Description 437 438 439 440 441 442 443 444 445 446 447 448 449 450 Business Information Additional Information Application Commercial Rent Reimbursement Grant Program Status Awaiting Decision Business Name Paloma Mexican Restaurant Contact Legal Name Carlos Alvarez Contact Preferred Name Carlos Alvarez Email palomamexicangrill@gmail.com Address 510 E Ocean Ave, Suite 105, Delray Beach, Florida 33435, United States Phone 561-336-4457 Website http://n/a Special Requests Submitted Time Dec 30, 2024 1:35 pm Tags Boynton Beach Business Address: 510 E. Ocean Ave Suite 105 Delray Beach, FL 33435 Provide a list of all principal owners listed on corporate documents Eliana Gongora Business Mission Statement Paloma Restaurant celebrates the vibrant flavors and traditions of Mexican cuisine, offering a warm and inviting atmosphere for families and friends to connect over authentic dishes. Our 12/30/24, 1:54 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=464356 1/4451 mission is to bring mexican cuisine to our community, creating a space that feels like home while delivering exceptional service and unforgettable dining experiences. Are you an existing business in Boynton Beach? No Numbers of years in existence 0 Are you a new business in Boytnon Beach? Yes Description of your business Paloma Restaurant is a vibrant dining establishment specializing in authentic Mexican cuisine. We offer a wide array of freshly prepared dishes, including tacos, enchiladas, and signature salsas, all made from traditional recipes with high-quality ingredients. In addition to our food offerings, we provide a curated selection of beverages, including handcrafted margaritas, aguas frescas, and an extensive tequila menu. With a focus on exceptional service and a welcoming ambiance, Paloma Restaurant is the perfect place for family meals, celebrations, and casual dining experiences. Type of Business Tier I Base Rent (plus CAM if applicable) 10,779 Square Footage of Current Location 3403 Square Footage of New Location 3403 Number of Employees & Job Descriptions Number of Employees & Job Descriptions Existing Positions: General Manager Job Description: Oversees day-to-day restaurant operations, manages staff schedules, ensures quality standards for food and service, and handles budgeting, inventory, and vendor relationships. Acts as the primary point of contact for customer concerns and operational improvements. Pay Range: $60,000–$75,000 annually (salaried). Weekly Schedule: Full-time, 40–50 hours per week, including evenings and weekends. Head Chef Job Description: Leads kitchen operations, develops menus, ensures compliance with food safety standards, manages kitchen staff, and oversees food preparation and presentation. Collaborates with management to ensure menu profitability. Pay Range: $22–$30 per hour. Weekly Schedule: Full-time, 40–45 hours per week, including evenings and weekends. Line Cooks (3 Positions) Job Description: Prepares ingredients, cooks menu items to specification, maintains a clean and organized workstation, and assists in ensuring smooth kitchen operations. Pay Range: $15–$20 per hour. Weekly Schedule: Part-time or full-time, 20–40 hours per week, based on shift rotation. Servers (4 Positions) Job Description: Provides excellent customer service, takes food and drink orders, delivers meals, handles payments, and ensures guest satisfaction. Maintains knowledge of menu items and specials. Pay Range: $8–$12 per hour plus tips. Weekly Schedule: Part-time, 20–30 hours per week, primarily during meal service times (lunch and dinner). Bartender (2 Positions) Job Description: Prepares and serves beverages, maintains bar inventory, engages with customers, and ensures compliance with alcohol service regulations. Pay Range: $10–$15 12/30/24, 1:54 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=464356 2/4452 per hour plus tips. Weekly Schedule: Part-time, 15–25 hours per week, evenings and weekends. Dishwasher (2 Positions) Job Description: Cleans dishes, kitchen equipment, and utensils, assists with general kitchen cleanliness, and ensures timely availability of clean items for service. Pay Range: $12–$14 per hour. Weekly Schedule: Part-time, 15–25 hours per week, based on kitchen needs. Jobs to Be Created: Marketing Manager Job Description: Develops and executes marketing strategies, manages social media accounts, coordinates promotions and events, and works with the management team to drive customer engagement and brand visibility. Pay Range: $18–$25 per hour. Weekly Schedule: Part-time, 15–20 hours per week, with flexibility for special events. Host/Hostess (2 Positions) Job Description: Greets guests, manages seating arrangements, handles reservations, and ensures a smooth flow of customers during peak times. Pay Range: $10–$12 per hour. Weekly Schedule: Part-time, 15–20 hours per week, primarily during meal service hours. Prep Cook (2 Positions) Job Description: Prepares ingredients for dishes, maintains a clean prep area, and assists line cooks as needed. Ensures efficiency in food preparation during peak times. Pay Range: $14–$18 per hour. Weekly Schedule: Part-time, 20–30 hours per week. Maintenance Worker Job Description: Handles general maintenance tasks, ensures the facility is clean and in good repair, and assists with setup and breakdown for special events. Pay Range: $15–$20 per hour. Weekly Schedule: Part- time, 10–15 hours per week, with flexibility based on needs. Hours of Operation Sunday - Thursday 4 pm to 9 pm Friday - Saturday 11 am to 10 pm Are you applying for grant assitance under any other program offered by the BBCRA? Commercial Property Improvement Grant Program Are you applying for grant assistance under any other governmental agencies? N/A Landlord Contact Information Avanti Residential 5618102780 101 Federal Highway, Boynton Beach, 33435 In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in order for them to upload. I understand Upload resumes for each principal/owner listed on coporate documents here: File uploaded Upload a copy of the lease here: File uploaded Upload Copy of Corporate Documents Here File uploaded Upload two years of corporate tax returns here: File uploaded Upload City of Boynton Beach Business Tax Reciept Here (No response submitted) Upload Palm Beach County Business Tax Reciept Here (No response submitted) Upload Credit Check Authorization Form Here 12/30/24, 1:54 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=464356 3/4453 Prices File uploaded Upload Business w9 here: File uploaded Upload the Grant Intake Form here: File uploaded Upload Notarized "Anti-Human Trafficking Affidavit" here: File uploaded Upload Signed "Program Rules & Regulations" Here File uploaded I understand that submission of an application is not a guarantee of grant funding or Board approval. Any "approval" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Eliana Gongora How would you like to pay your application fee? Pay with credit card Application Fee Quantity - 1 | Total - $100.00 12/30/24, 1:54 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=464356 4/4454 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print AVANTI RESIDENTIAL 500 OCEAN TIC II LLC AVANTI RESIDENTIAL 500 OCEAN TIC III LLC AVANTI RESIDENTIAL 500 OCEAN TIC I LLC LOCATION 101 S FEDERAL HWY MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-28-03-007-0010 SUBDIVISION BOYNTON TOWN OF BOOK/PAGE 32626/379 SALE DATE JUN-2021 MAILING ADDRESS 1700 BROADWAY STE 620 DENVER CO 80290 1702 USE TYPE 0300 - MULTIFAMILY 10 UNITS OR MORE TOTAL SQUARE FEET OWNERS PROPERTY DETAIL v.1.4b 12/30/24, 2:33 PM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/1455 1 ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT This ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT (this “Assignment”) is made as of November 25, 2024 (the “Effective Date”), by and between PIO PIO 3, LLC, a Florida limited liability company (“Assignor”), and EGVV, LLC a Florida limited liability company (“Assignee”). RECITALS A.Assignor is the Tenant under that certain Lease Agreement dated January 9, 2019 (the “Lease”) and is the lessee of Space 105 containing approximately 2,803 rentable square feet plus the use of approximately 600 square feet of Terrace (the “Premises”) in the mixed-use building commonly identified as “500 Ocean” located at 500 Ocean Drive, Boynton Beach, Florida, 33435; B.Effective as of June 23, 2021, AVANTI RESIDENTIAL –500 OCEAN TIC I, LLC, a Delaware limited liability company, AVANTI RESIDENTIAL –500 OCEAN TIC II, LLC, a Delaware limited liability company, and AVANTI RESIDENTIAL –500 OCEAN TIC III, LLC, a Delaware limited liability company (collectively, “Landlord”) became, by assignment, the Landlord under the Lease; and C.Assignor desires to assign to Assignee, and Assignee desires to assume from Assignor, all of Assignor's rights and obligations under the Lease as of the Effective Date, as more particularly described below. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1.Effective Date. Except as otherwise stated in this Assignment, the agreements contained herein shall be effective upon the Effective Date. 2.Defined Terms. Unless otherwise defined herein, all capitalized terms used herein shall have the meanings ascribed to such terms in the Lease. 3.Assignment of Lease. As of the Effective Date, Assignor hereby assigns and transfers to Assignee, all of Assignor's right, title, and interest in, to, and under the Lease, subject to all of the terms and conditions set forth in the Lease. 456 2 4.Assumption of Lease. Assignee hereby accepts the foregoing assignment and expressly assumes and agrees fully and punctually to pay, perform, and observe all of the terms, covenants, conditions, and obligations of the Lease required to be paid, performed, and observed on the part of the Tenant under the Lease, from and after the Effective Date. 5.Landlord Consent. Notwithstanding anything contained herein to the contrary, this Assignment shall be conditioned upon and shall not be of any force or effect unless and until (a) Eliana Gongora and Carlos E. Alvarez-Cifuentes have executed a separate document personally guaranteeing Tenant’s performance under the Lease and (b) Landlord has executed Landlord's Consent to Assignment and Assumption of Lease attached hereto and made a part hereof. 6.Notices. Effective upon the Effective Date, all notices provided to Assignee shall be addressed as shown below: EGVV LLC 510 E. Ocean Avenue Boynton Beach, Florida 33435 Attn: Eliana Gongora Email: cea@loslaws.com 7.Multiple Counterparts. This Assignment may be executed in several counterparts and all counterparts so executed shall constitute one agreement binding on all the parties hereto, notwithstanding that all the parties are not signatories to the original or the same counterpart. Electronic signatures, .pdf copies of signatures, and photocopies of signatures shall be treated as original signatures for all purposes under this Assignment. 8.Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising out of this Assignment shall be resolved in a court of competent jurisdiction located in the county in which the Premises is located. [Signatures on Following Page(s)] 457 3 IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the Effective Date. ASSIGNOR: PIO PIO 3, LLC, a _________ limited liability company By: ______________________________________ Name:____________________________________ Title:_____________________________________ ASSIGNEE: EGVV, LLC, a _________ limited liability company By: ______________________________________ Name: ____________________________________ Title: _____________________________________ Docusign Envelope ID: 121DFBCF-8B25-4967-8520-D55692CB512F Eliana Gongora President President Olga Raad 458 4 LANDLORD’S CONSENT TO ASSIGNMENT AND ASSUMPTION OF LEASE After Landlord's review of all necessary and requested documentation from Assignor and Assignee, and in consideration of Assignee agreeing to assume, be bound by and keep, perform and fulfill all of the terms, covenants, conditions, and obligations of the Tenant required to be kept and performed under the Lease from and after the Effective Date, including without limitation timely making all payments due and/or to become due or payable on behalf of the Tenant under the Lease from and after the Effective Date, Landlord is willing to, and hereby does, consent to this Assignment. Landlord makes no representations or warranties, express or implied, concerning the status of the Lease or the condition of the Premises, all of which are accepted by Assignee “as is, where is, with all faults,” and in full satisfaction of all of Landlord's obligations that are or were to be performed and or satisfied prior to the Effective Date. This Assignment shall not (i) release Assignor of any obligation under Lease, whether prior to or after the Effective Date or (ii) be deemed a waiver of Landlord's right to approve or disapprove of any further or additional assignment of the Lease or subletting of the Premises. LANDLORD: AVANTI RESIDENTIAL - 500 OCEAN TIC I, LLC, a Delaware limited liability company By: ______________________________________ Douglas A. Andrews, Manager AVANTI RESIDENTIAL- 500 OCEAN TIC II, LLC, a Delaware limited liability company By: ______________________________________ Douglas A. Andrews, Manager AVANTI RESIDENTIAL - 500 OCEAN TIC III, LLC, a Delaware limited liability company By: ______________________________________ Douglas A. Andrews, Manager 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 CONSENT AGENDA AGENDA ITEM 11.D SUBJECT: Approval of Extension of Contract between the CRA and Sadler Builders, Inc. SUMMARY: In May 2024, the BBCRA and Sadler Builders, Inc. entered into a contract for the replacement of the HVAC duct work at the Marina Dockmaster Building (Attachment I). According to paragraph 9.1 of the contract the work was to be completed no later than ninety (90) days following the issuance of all required approvals and permits. The permits were issued on August 15, 2024, making the completion date on or before November 13, 2024. Under the contract, the completion date could be administratively extended for sixty (60) days pursuant to written authorization by the BBCRA Executive Director. On November 1, 2024, the BBCRA's Executive Director authorized the sixty (60) day extension with a new completion date of January 12, 2025 (Attachment II). The work and the final inspections have been completed (Attachment III). However, to ensure the duct work is in working order the parties have agreed that a test and balance inspection should be conducted before final payment of the contract. The test and balance inspection is in the process of being scheduled and therefore the completion date of January 12, 2025, will need to be extended in case any additional repairs are need to be made. According to the contract, any additional extensions of the time for completion are subject to the execution of a written amendment to the contract approved by the BBCRA Board. BBCRA staff is requesting a ninety (90) day extension for a completion date of April 14, 2025 (Attachment IV). FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAB RECOMMENDATION: N/A 506 •Attachment I - Contract - Marina New Duct Work •Attachment II - Written Authorization to Extend Completion Date •Attachment III - Final Inspections - Marina New Duct Work •Attachment IV - Amendment No. 2 to Contract Sadler Marina Duct Work-Change Termination Date CRA BOARD OPTIONS: Approval of Extension of Contract between the CRA and Sadler Builders, Inc. ATTACHMENTS: Description 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 AMENDMENT NO. 2 TO CONTRACT BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND SADLER BUILDERS, INC. This Amendment No. 2 (hereinafter “Amendment”) is hereby made to amend, the Contract between the Boynton Beach Community Redevelopment Agency (“Owner”), and Sadler Builders, Inc., a Florida Corporation, (“Contractor”). Collectively, Owner and Contractor may be referred to as the Parties, and individually as a Party. WHEREAS, the parties previously entered into a Contract dated May 14, 2024 (hereinafter “Contract”); and WHEREAS, the parties previously entered into a First Amendment to the Contract dated August 15, 2024 wherein Article 3.1-CONTRACT PRICE of the Contract was amended increasing the contract price; and WHEREAS, the parties desire to amend the termination date provided in Article 8.18-EFFECTIVE DATE AND TERMINATION of the Contract; and WHEREAS, the Contract provides that the parties may amend the Contract, 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: I. Incorporation. The recitals and other information above are hereby incorporated herein as if fully set forth. II. Definitions. All words not defined herein shall have the same meaning as in the Contract. To the extent of a conflict, the definitions in this Amendment shall control for the amendments to the Contract contained herein. III. Amendment Style. Amendments to are shown as follows: additions are shown in underlined format; deletions are shown in strikethrough format. IV. Amendment. Article 8.18 - Effective Date and Termination. This Contract will become effective at the date and time that the last party signs this Contract. Unless earlier terminated pursuant to this Contract, this Contract will automatically terminate after receipt of Contractor’s last invoice (which shall be dated no later than December 1, 2024 April 14, 2025) and payment by the Owner, or on December 31, 2024 May 31, 2025 whichever occurs last. Nothing in this paragraph shall be construed so as to affect the Owner’s right to cancel or extend the Work pursuant to this Contract. V. Effective Date of this Amendment. This Amendment will become effective at the date and time that the last party signs below.’ VI. General. The parties agree that all terms, conditions, and provisions of the Contract not expressly amended, modified or deleted by this Amendment shall continue in full force and effect. This Amendment may be executed in any number of counterparts, any one and all of 531 which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Contract, as amended, and this Amendment, this Amendment shall control. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the day and year written below. By: __________________________________ Date: ___________________ Sadler Builders, Inc. James C. Sadler Witness________________________________ Date: ___________________ By: __________________________________ Date: ___________________ Boynton Beach CRA Ty Penserga, Chair Witness________________________________ Date: ___________________ 532 EXHIBIT “A” SCOPE OF WORK AND PROJECT LOCATION 533 534 535 536 537 Project Location (Property): Boynton Harbor Marina Dockmaster Building 735 Casa Loma Boulevard Boynton Beach, FL 33435 Property Control Number: 08-43-45-27-60-003-0000 Location Map: 538 •Attachment I - 2025 CRAB Meeting Date Calendar COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 CRA ADVISORY BOARD AGENDA ITEM 13.A SUBJECT: 2025 CRA Advisory Board Meeting Dates SUMMARY: The 2025 Boynton Beach Community Redevelopment Agency Advisory Board (CRAB) meetings will be held in Commission Chambers (unless otherwise noted) at City Hall, 100 E. Ocean Avenue, Boynton Beach, FL 33435 on the first Thursday of every month at 6:00 pm. 2025 Meeting Dates (see Attachment I): January 2 (Room 115) February 6 March 6 April 3 May 1 (Room 115) June 5 July 3 August 7 September 4 October 2 (Room 115) November 6 December 4 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAB RECOMMENDATION: Approved the 2025 CRA Advisory Board meeting dates. ATTACHMENTS: Description 539 NOTICE OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD (CRAB) MONTHLY MEETING DATES FOR 2025 ______________________________________________________________________ The 2025 Boynton Beach Community Redevelopment Agency Advisory Board (CRAB) meetings will be held in Commission Chambers (unless otherwise noted) at City Hall, 100 E. Ocean Avenue, Boynton Beach, FL 33435 on the first Thursday of every month at 6:00 PM: January 2 (City Hall Community Room 115) February 6 March 6 April 3 May 1 (City Hall Community Room 115) June 5 July 3 August 7 September 4 October 2 (City Hall Community Room 115) November 6 December 4 Tim Tack, Assistant Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 561-737-3256 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 CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. 540 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 CRA ADVISORY BOARD AGENDA ITEM 13.B SUBJECT: Pending Assignments - New Assignments from the CRA Board Assigned at the February 13, 2024 CRA Monthly Board Meeting SUMMARY: On February 13, 2024, the CRA Board approved the following tasks be assigned to the CRA Advisory Board (CRAB): 1. Initiate the steps to revise the 2016 CRA Plan, A. With the first step to review the existing CRA plan, and B. With the end goal to incorporate both the grocery store and public parking as part of that plan. 2. Look for ways that are above and beyond the normal City functions to beautify the area within the CRA district (cannot be in replacement of a normal City function and needs to be above and beyond). 3. Investigate means to get a grocery store in the CRA Heart of Boynton area. 4. Identify potential locations for a Public Parking Garage preferably along Ocean Avenue. 5. Look for available properties for potential acquisition with a focus on commercial properties along the Federal Highway area (ex. vacant properties for commercial use). The CRAB Board finalized their presentation on the 2016 CRA Plan Revision Recommendations together at the January meeting and will plan to present their findings at the January 14, 2025 CRA Board Meeting. FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined. 541 •Attachment I - CRA Advisory Board 2016 CRA Plan Revision Recommendations COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 CRA ADVISORY BOARD AGENDA ITEM 13.C SUBJECT: Reports on Pending Assignments - New Assignments from the CRA Board Assigned at the February 13, 2024 CRA Monthly Board Meeting - 2016 CRA Plan Revision Recommendations SUMMARY: On February 13, 2024, the CRA Board approved the following tasks be assigned to the CRA Advisory Board (CRAB): 1. Initiate the steps to revise the 2016 CRA Plan, A. With the first step to review the existing CRA plan, and B. With the end goal to incorporate both the grocery store and public parking as part of that plan. The CRAB Board discussed the CRA Plan in its entirety and will be presenting their findings at the January 14, 2025 CRA Board Meeting (see Attachment I). FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAB RECOMMENDATION: See Attachment I. CRA BOARD OPTIONS: To be determined. ATTACHMENTS: Description 542 COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD PLAN RECOMMENDATIONS 2025 MISSION STATEMENT The Boynton Beach Community Redevelopment Agency (BBCRA) serves the community by guiding redevelopment activities such as affordable housing, free business promotional events, and small business funding programs that create a vibrant downtown core and revitalized neighborhoods within the Agency’s 1,650 acres located along the eastern edge of the City of Boynton Beach. 543 The 2016 Community Redevelopment Plan, while ambitious at its inception, no longer aligns with the current needs and aspirations of Boynton Beach residents and visitors. With the city evolving rapidly, it’s time to re-imagine this plan to better reflect today’s priorities—emphasizing sustainable growth, vibrant public spaces, diverse housing options, and attractions that appeal to both locals and tourists. A refreshed vision will ensure Boynton Beach remains a thriving, dynamic community that meets the demands of the future. Adoption Date: October 4, 2016 544 545 Educate residents about the CRA Districts. Re-Evaluate district boundaries and consider renaming/re-branding. (e.g., Creating a Marina District currently in the Downtown District) Reevaluate the Boynton Beach CRA branding to align with the city’s evolving identity and vision for the future. Implementing a comprehensive multi-modal connectivity plan will enhance connectivity, accessibility, and efficiency across all districts/city, ensuring equitable mobility options for residents and visitors throughout the city. DISTRICT RECOMMENDATIONS / CONSIDERATIONS 546 Consider creating a new tagline that could better encompass its vibrant community and diverse appeal. “Gateway to the Gulfstream” highlights the coast but may not reflect Boynton Beach’s full identity. Explore partnerships with Live Local projects to incorporate a grocery store, particularly in or adjacent to The Heart of Boynton district, enhancing accessibility and supporting community needs. Engage community residents to collaborate with the CRA to rename the streets in our Downtown, Cultural, and Heart of Boynton districts, reflecting the area’s unique character and shared heritage. Examine and coordinate potential funding for infrastructure improvements for all districts. (water, sewer, drainage) Continue land banking opportunities. (affordable housing, retail, mixed-use, office, hotel, re-development) DISTRICT RECOMMENDATIONS / CONSIDERATIONS 547 COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD PLAN RECOMMENDATIONS Federal Highway Corridor District (North & South Entry) - Create gateway features, and incorporate green canopy spaces. - Create a sense of destination. - Implement marketing techniques and attraction programs to encourage businesses, restaurants and retail to relocate, expand or start new operations within the district. - Expand sidewalks and pedestrian areas. 548 COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD PLAN RECOMMENDATIONS Downtown District - Look for land opportunities for or a parking garage. - Identify City and private owned surface lots in the meantime for public parking. - Beautify the Federal corridor. (canopy tree, landscaping, hardscaping, wider sidewalks, decorative lighting, public art) - Increase activation at Veteran’s Park with features like red, white, and blue lighting. - Acquire/partner land for a grocery store. - Enhance maintenance, safety, and cleanliness to accommodate pedestrian traffic. 549 Cultural District - Create a gateway to establish a sense of arrival. - Increase activation throughout the corridor. - splash pads, family-friendly features - Enhance lighting. - Implement way-finding and signage. - Add foliage and trees - palm trees, flowers - Designate the area as a unique district within Boynton Beach - Ocean Avenue with distinct pavers, lamppost signage etc. - Improve public safety. (currently a vehicular corridor will become more pedestrian friendly) - Provide markets and services to support increased development and density. - Preserve historic buildings and consider relocation when necessary. - Pioneer Village: Oscar Magnuson House, Andrew’s House - Expand and preserve the art component throughout the corridor. COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD PLAN RECOMMENDATIONS 550 COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD PLAN RECOMMENDATIONS Boynton Beach Boulevard District - Improve or install additional sidewalks. - Add decorative lighting. - Install a gateway feature. - Increase way-finding and neighborhood identification signage. 551 COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD PLAN RECOMMENDATIONS Heart of Boynton District - Incorporate a grocer into or adjacent to the district . - Solicit community input. - Include a farmer’s/green market/gathering space within the MLK corridor. - Increase public art installations in the Heart of Boynton. - Improve older homes in the area. - Enhance community greening initiatives. - Change some street names to be more represent the community. 552 Industrial District - Transform the industrial area into a destination. - Install paved west-end walkways and lighting. - Develop on-street parking on Industrial Avenue. - Add fencing separation the west-end homes. - Identify land for parking and turnarounds. - Promote future residential and commercial redevelopment. - Improve lighting. - Enhance street-scape and landscaping. - Create activation areas for art and activities. - Add street signage. - Incorporate CPTED principles. (Crime Prevention Through Environmental Design) - Install monument signs. - Address code enforcement to clean and beautify the area. - Work with business owners to enhance and beautify their properties. COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD PLAN RECOMMENDATIONS 553 Thank You ADVISORY BOARD MEMBERS 2023-2025 Naomi Cobb (Chair) Courtlandt McQuire (Vice Chair) Kameren Maharaj Lesha Roundtree Alexandria Lopresto Chevette Gadson Thomas Ramiccio 554 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 OLD BUSINESS AGENDA ITEM 14.A SUBJECT: Continued Discussion and Consideration of Circuit Transit Inc.'s Contract for On-Demand Transportation Services SUMMARY: On January 18, 2024, the CRA Board approved the contract with Circuit Transit, Inc (Circuit), for the CRA pilot ride share program which will provide all-electric on-demand transportation services (see Attachments I - II). The Scope of Work of the Agreement with Circuit is summarized below (see Attachment III): on-demand ride share service with the exception of fixed routes for special events initial 6-month contract with the option to renew 6 months include the use of two GEM cars and two EV sedans provide service from 10 AM - 8 PM (Sunday-Thursday) and 10 AM - 10 PM (Friday and Saturday) report back to the Board quarterly once the contract begins Following the Board's approval at the January 18th meeting, the CRA and City of Boynton Beach entered into an Interlocal Agreement (ILA) which was approved at their February 13, 2024, and March 5, 2024, meetings respectively (see Attachment IV). The ILA is in place in order to provide dedicated parking locations, electrical service for the charging, ride share service to the Ocean Front Beach Park and potential fixed route ride share service for City Events. The ILA also serves as the tool to allow the City to fund any service outside of the CRA boundaries and allow reimbursement of EV charging costs. On March 23, 2024, at the CRA's Spring Market event, the rideshare service launched as the Coastal Cruiser. At the September 10, 2024 meeting, the CRA Board approved the 6-month contract renewal extending service to March 2025 (see Attachment V). Since the contract renewal, CRA staff met with Circuit to extend services to the southern and northern end of the Federal Highway District. As the pilot program is approaching the end of its first year of service on March 5, 2025, the Board directed staff at their December 10, 2024 meeting, to meet with the City to discuss opportunities for expansion. 555 •Attachment I - January 18, 2024 CRA Board Meeting Minutes •Attachment II - CRA/Circuit Executed Contract •Attachment III - Exhibit A: Scope of Work •Attachment IV - CRA/City Executed Interlocal Agreement •Attachment V - 6-Month Renewal Signed by Circuit On December 17, 2024, CRA/City staff met to discuss expanding the service area outside of the CRA boundaries. City staff would like to renew the current contract with the existing service area to Oceanfront Beach Park and look at expanding the service area during FY25/26 budget discussions with the City. On January 7th, the CRA met with Circuit representatives regarding their discussions with Bethesda Hospital and Tri-Rail about potential sponsorship opportunities. At the February 11th meeting, staff will bring back the Circuit Agreement for final approval as well as the ILA with the City to extend service after March 5th. The City Commission will also review and approve the ILA at their February 4th meeting. Staff, legal counsel and a representative from Circuit will be in attendance to answer any questions. FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58500-470, $400,000 for Circuit Contract CRA BOARD OPTIONS: To be determined by the Board. ATTACHMENTS: Description 556 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Board Member Kelley moved to table Item 13F until the next meeting. Board Member Hay seconded the motion. The motion passed unanimously. G. Discussion and Consideration of a Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program Mr. Tack gave an overview of the Contract with Circuit Transit Inc. for the CRA Pilot Ride Share Program. He commented that at the November Board meeting, the Board gave Staff permission to move forward with negotiations with Circuit. Board Member Hay inquired, if needed, how long would it take to get another vehicle. Mr. Bagley, Circuit Transit Inc., replied the time it would take to add an additional vehicle, depends on the type of vehicle. He commented that if it was a sedan, it would be a few weeks, if it was a Gem vehicle, it has a longer order time. He stated that the sedans are going to be the better fit and offer the most flexibility. Board Member Hay asked who is responsible for the vehicles when they are parked overnight. Mr. Tack said that the CRA will be responsible, and the CRA is working with the City to provide four parking spaces in the current City parking lot on the corner of East Boynton Beach Boulevard and Seacrest Boulevard. He stated that Circuit would be responsible for liability since the vehicles and equipment belong to them. Board Member Hay inquired about special events and who is responsible for paying the overtime. Mr. Tack stated that the way the contract is written, it would not be considered overtime, there would be additional staffing and there is a rate within the contract that would provide the hourly rate structure. Vice Chair Turkin opened public comments. No virtual comments. Vice Chair Turkin closed public comments. Motion: Board Member Hay moved to approve the agreement with Circuit Transit, Inc. for the CRA Pilot Ride Share Program as presented and authorize the Board Chair to execute, subject to final legal review. Board Member Kelley seconded the motion with discussion. Board Member Kelley inquired what happens at the end of the six-month agreement. 6 557 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Janice Rustin, Counsel, replied that at the end of the six months, the contract will automatically be renewed for another six months. 14. New Business A. Discussion and Consideration of a Request for Proposals for Property Appraisal Services (Moved to February) B. Discussion and Consideration of Purchase of 1111 S. Federal Highway Mr. Tack gave an overview of the property located at 1111 S. Federal Highway. He said that the CRA Staff actively pursues the purchase of properties within the CRA District in order to spur redevelopment opportunities in accordance with the CRA Plan. He stated that 1111 S. Federal is a vacant lot, approximately .35 acres, which is currently zoned as C3 Community Commercial. He stated that the future development would be a potential mixed use under the Mixed Use Medium Future Land Use Classification. He commented that the development potential would allow mixed use development with a maximum density of 40 to 50 units per acre, and maximum height of 65 to 75 feet. Board Member Kelley stated that this is prime property with Federal Highway access and proximity to other properties owed by the CRA, and this an opportunity to capture property that has potential. Board Member Hay stated that it is a good deal and he is in favor of the purchase. Vice Mayor Turkin stated that he agrees with his colleagues this is a great opportunity. Vice Chair Turkin opened public comments. Blair Lee, the Broker for the property, stated that he had conferred with his client who owns the property at 1111 S. Federal Highway. He commented that they discussed a price of somewhere between the list price and $850,000. He noted that the purchase price came in at $891,000. He stated that the owner has continued to get the approvals on the square footage with a site plan, and the owner would like the Board to consider paying the appraised value. No virtual comments. Vice Chair Turkin closed public comment. Motion: Board Member Kelley moved to approve the purchase of the vacant lot located at 1111 S. Federal Highway in the amount of $850,000 and authorize the Board Chair to execute a Purchase and Sale agreement subject to final legal review. Board Member Hay seconded the motion with discussion. The motion passed unanimously. Board Member Hay inquired if there was anything currently planned for the site. 7 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 4853-3349-4940, v. 6 EXHIBIT A: SCOPE OF WORK 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 C (“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. 578 4853-3349-4940, v. 6 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 vehicle) and two (2) EV Sedans as 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. 579 4853-3349-4940, v. 6 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 580 4853-3349-4940, v. 6 of a 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 the 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 rates described in the Pricing Schedule attached as Exhibit B. The Vehicle Hours shall occur within the following schedule: 581 4853-3349-4940, v. 6 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 582 4853-3349-4940, v. 6 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: 583 4853-3349-4940, v. 6 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. 584 1 RESOLUTION NO. R24-041 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN THE INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY REGARDING 7 CIRCUIT TRANSIT INC., FOR THE BBCRA PILOT RIDE 8 SHARE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, on January 18, 2024, the CRA Board approved a contract with Circuit 10 Transit, Inc., for the CRA pilot ride-share program, which will provide all-electric on-demand 11 transportation services; and 12 WHEREAS, the City and CRA desire to provide an additional route from the CRA 13 district to Ocean Front Beach Park,along with four dedicated parking stalls in the north parking 14 lot at the corner of Seacrest Blvd. and Boynton Beach Blvd., which will include three Level 2 15 EV charging stations adjacent to the existing electrical service; and 16 WHEREAS, in order to provide dedicated parking locations, electrical service for the 17 charging,ride share service to the Ocean Front Beach Park, and potential fixed route ride share 18 service for City Events, an Interlocal Agreement is required to fund any service outside of the 19 CRA boundaries and allow reimbursement of EV charging costs; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff,deems it to be in the best interests of the City residents to approve and 22 authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and 23 the Boynton Beach Community Redevelopment Agency regarding Circuit Transit Inc., for the 24 BBCRA Pilot Ride Share Program. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, does 30 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 31 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding Circuit S:\CC\WP\CCAGENDA\2024\03-05-2024 CC\R24-041 Agenda_Item_1227-2023_ILA_City_CRA_Circuit_Transit_- Pilot_Ride_Share_Prognam.Docx 585 32 Transit Inc., for the BBCRA Pilot Ride Share Program. A copy of the Interlocal Agreement is 33 attached hereto and incorporated herein as Exhibit "A." 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 5th day of March 2024. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Vice Mayor—Thomas Turkin 42 43 Commissioner—Angela Cruz turns 44 45 Commissioner—Woodrow L. Hay V 46 47 Commissioner— Aimee Kelley 48 49 VOTE q 'D 50 51 AT ' : 52 53 4(0--54 i. ,I,r l 55 Maylee ID- sus, MPA MC nerga 56 City Cl ilryor 57 58 APPROVED AS TO FORM: 59 (Corporate Seal) 0,INT0A ` 60 0 ,. ORA; . G61 e •* ) 111 sdkai/ t 6 62 SEAL .5.li Shawna G. Lam 63 IticpORA1- 0 i City Attorney 192 111 '....... 1``.`, FLOR\V' S:\CC\WFCCAGENDA\2024\03-05-2024 CC\R24-041 Agenda_Item_1227-2023_ILA_City_CRA_Circuit_Transit_- Pi lot_Ride_Share_Program.Docx 586 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM THIS AGREEMENT ("Agreement") is made this5dday of / ki-CM 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the"BBCRA"). The City and BBCRA may be referred to herein individually as a "party" and collectively as the "parties." WITNESSETH: WHEREAS, the BBCRA has elected to enter into an agreement with Circuit Transit, Inc. Circuit"), a copy of which is attached hereto as Exhibit A ("Circuit Agreement"); and WHEREAS, the Circuit Agreement provides that Circuit shall provide on demand transportation services (the "Services") as part of a pilot program for the BBCRA; and WHEREAS, the BBCRA shall only provide funding for the Services within the BBCRA's boundaries; and WHEREAS, the City desires to participate in the pilot program, fund Services outside of the BBCRA's boundaries, and otherwise contribute to the pilot program as described in this Agreement; and WHEREAS, to that end, the area in which Services will be provided has been divided into Zone 1 and Zone 2, which are depicted on Exhibit B attached hereto, which is hereby incorporated herein; and WHEREAS, Zone 1 is within the BBCRA's boundaries; and WHEREAS, Zone 2 is outside the BBCRA's boundaries; and WHEREAS, the BBCRA desires to enable the City to participate in the pilot program, fund Services outside of the BBCRA's boundaries, and otherwise contribute to the pilot program as 4859-3315-2162,v. 1 587 described in this Agreement; and WHEREAS, the BBCRA has required that Circuit include the City as an additional insured pursuant to the Circuit Agreement; and WHEREAS, the 2016 Community Redevelopment Plan ("CRA Plan") calls for the BBCRA to provide for connectivity between the districts, address public parking shortfalls, and provide for additional public waterfront access; and WHEREAS, the Services shall be in furtherance of these goals and principles of the CRA plan; and WHEREAS, the City and the BBCRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2 Definitions. Terms not otherwise defined herein shall have the meaning set forth in the Circuit Agreement(including the Exhibits to the Circuit Agreement). In the event of a conflict between a definition in this Agreement and a definition in the Circuit Agreement, the terms in this Agreement shall control. All other terms shall have their ordinary dictionary definitions. 3. Payment. The parties agree: a. Contribution. The City shall be responsible for providing payment to the BBCRA for the costs of the Services in Zone 2 and other costs as described below. Such payment shall be made within 15 days of the City receiving a complete written request for payment from the BBCRA. b. Invoicing. The BBCRA will submit the complete written request for payment to the City within 15 days of the receiving an invoice from Circuit. i. For purposes of this Agreement, a complete written request shall include: 4859-3315-2162,v. 1 588 1. The amount of payment requested. 2. The monthly report from Circuit, if provided by Circuit, describing the level of service for Zone 2, or equivalent documentation indicating the fare revenue collected from Zone 2 trips and the number of Zone 2 trips. 3. A copy of Circuit invoice to the BBCRA. 4. Tabulation by the BBCRA for the amount owed to the BBCRA by the City, which shall include each of the following, as applicable. A. For ordinary services, the costs of the Services in Zone 2 shall be calculated by multiplying the total invoice amount by the percentage of rides starting or ending within Zone 2, then subtracting from that resulting number fifty percent of the Net Fare Revenue generated from rides starting or ending within Zone 2. For clarity, the calculation above may also be represented as follows: total invoice amount) x (percentage of rides starting or ending within Zone 2)] — [.5 x Net Fare Revenue generated from rides starting or ending within Zone 2] = Amount of City Payment Due. It is the intent of the parties that the Net Fare Revenue generated from rides starting or ending within Zone 2 be evenly divided between the parties. B. For Services requested by the City for special events ("Special Event Services"), the City shall reimburse the CRA for all costs associated with Special Event Services, regardless of the location of the special event. ii. In the event the written request is incomplete, the City shall notify the BBCRA within five days of receiving the incomplete request; otherwise such request shall be deemed complete. Upon receiving written notice of an incomplete request, and the BBCRA 4859-3315-2162,v. 1 589 shall have 10 days to submit the complete written request; otherwise such written request shall be ineligible for payment. c. Promotions. In the event the City requests a pricing discount ("Sales Promotion") on certain Services, the City shall make payment to the BBCRA for difference in revenue to the BBCRA as a result of the Sales Promotion. 4 Coordination. The parties agree to the following concerning coordination related to this Agreement. a. Between the City and BBCRA. Coordination between the City and BBCRA shall occur as follows: i. The City shall designate a single point of contact ("City Project Manager") for coordination with the BBCRA concerning this Agreement. The City may modify the person acting as the City Project Manager upon written notice to the BBCRA. At present, the City designates Gail Mootz who can be reached at mootzg@bbfl.us and 561-742-6223. The BBCRA shall copy Jonele Luma at LumaJ@bbfl.us on all correspondence concerning invoices and Payments due. ii. The BBCRA shall designate a single point of contact ("BBCRA Project Manager") for coordination with the City concerning this Agreement. The BBCRA may modify the person acting as the BBCRA Project Manager upon written notice to the City. At present, the BBCRA designates Timothy Tack, who can be reached at tackt@bbfl.us and (561)600-9091, with a copy of all emails to be directed to Bonnie Nicklien at nicklienb@bbfl.us. b. With Circuit. The parties agree the BBCRA shall be the sole point of contact with Circuit. In the event the City desires to request Special Event Services, the City Project Manager shall submit to the BBCRA Project Manager a written request with sufficient detail to notify the BBCRA and Circuit of the time, date, total vehicle hours, vehicle types, and any other information necessary to analyze such request. Any request is for Special Event Services 4859-3315-2162,v. 1 590 must be made at least 30 days prior to the date of the applicable special event. If the City desires to coordinate with Circuit on any other matter, the City shall submit a written request to the BBCRA Project Manager containing sufficient information to analyze such request for consistency with the Circuit Agreement. So long as a written request from the City is consistent with the terms of the Circuit Agreement, the BBCRA shall coordinate with Circuit concerning the request within 5 business days of receiving such request and shall endeavor to arrange a meeting between the City, BBCRA, and Circuit. The City shall supply additional information as requested by the BBCRA as may be necessary, in the opinion of the BBCRA, to analyze the City's request and coordinate with Circuit concerning the same. 5. Parking Spaces. The parties agree that Circuit may use the Parking Spaces (defined below) for storing and charging the vehicles that provide the Services. a. Location. The City agrees to designate the parking spaces identified in Exhibit C (the Parking Spaces")for the sole use of Circuit. The location of the Parking Spaces may be moved from time to time upon the written consent of the BBCRA Project Manager and the City Project Manager. However, in the event the City requests the Parking Spaces be moved, the City and BBCRA share evenly share the costs of moving any charging infrastructure and signage. The parties agree to make best efforts to avoid relocating the Parking Spaces during the term of the Agreement. b. Signage, Charging Infrastructure, Electricity. The City consents to the placement of signage and electric charging infrastructure at the Parking Spaces, which shall be installed at no cost to the City. The City confirms that sufficient power can be supplied to the Parking Spaces to charge four Circuit vehicles simultaneously. The City shall invoice the CRA for the electricity used by the Parking Spaces. The BBCRA Project Manager and City Project Manager may agree to incorporate the electricity invoice into the payment described in Paragraph 3 of this Agreement. 4859-3315-2162,v. 1 591 c. Enforcement. The City agrees to assist in enforcement of parking restrictions to ensure the Parking Spaces are used exclusively by Circuit vehicles, as may be required from time to time. 6. Relationship to the Circuit Agreement. The parties agree that the City shall only be responsible for providing payment to the BBCRA and that BBCRA shall be responsible for administering the Circuit Agreement. The parties agree that the BBCRA has sole and absolute discretion concerning the Circuit Agreement, and nothing in this Agreement confers the rights or obligations of the BBCRA within the Circuit Agreement to the City. Nonetheless, the CRA will endeavor to coordinate with the City concerning the termination of the Circuit Agreement and the amount and timing of Services prior to terminating the Service Agreement or implementing Service changes. The BBCRA will not terminate services to Zone 2 without the prior written consent of the City. 7. Marketing and Promotion. Marketing and promotional efforts concerning the Services shall occur as follows: a. Inclusion of City Logo. The BBCRA shall include the City's logo on marketing and advertising pursuant to the Circuit Agreement ("Promotional Materials") at no cost to the City. The City shall provide its preferred logo to the BBCRA for use in Promotional Materials. The BBCRA Project Manager shall provide any draft Promotional Materials with the City logo to the City Project Manager no less than five business days prior to the use of such Promotional Materials for approval; provided however that if the BBCRA Project Manager does not receive a response within five business days such Promotional Materials shall be deemed approved by the City. b. Promotional Efforts by the City. The City shall promote the Services using Promotional Materials provided by the BBCRA in the manner described in Exhibit D. 8, Notice and Contact. All notices and requests concerning this Agreement shall be delivered via email to the City Project Manager or the BBCRA Project Manager, as applicable, which 4859-3315-2162,v. 1 592 email delivery shall be deemed "written"or"in writing"for purposes of this Agreement. Notices concerning default or termination, or requests for modifications to this Agreement shall also be delivered by email and by writing sent by one of (1) United States mail, return receipt requested, (2) courier, evidenced by a delivery receipt, or (3) by overnight express delivery service, evidenced by a delivery receipt, which notice or request shall be addressed to the person designated by each party for receipt of legal notice. At present, the parties designate the following for receipt of legal notice: If to the BBCRA:Kathryn Rossmell Lewis, Longman &Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 krossmell(d lIw-law.com If to the City: Shawna Lamb City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 lambsbbfl.us 9. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement ("Effective Date"). This Agreement shall be in effect from the Effective Date and unless earlier terminated pursuant to the terms of this Agreement, shall automatically terminate upon the termination of the Circuit Agreement, or 1 year from the Effective Date of this Agreement, whichever is earlier. 10. Public Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 4859-3315-2162,v. 1 593 11. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 12. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the City as set forth in Section 768.28, Florida Statutes. 13. Default. If either party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of 10 calendar days after receipt of written notice of such default from the other party, the party giving notice of default may terminate this Agreement through written notice to the other party. Failure of any party to exercise its right in the event of any default by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any rights related to the other party's failure to perform unless such waiver is in writing and executed by both parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Notwithstanding the foregoing, in the event of a default by the either party, the exclusive remedy for such default shall be monetary, limited to actual damages incurred, and shall not exceed the amount actually paid to Circuit pursuant to the Circuit Agreement. 14. 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. 15. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion 4859-3315-2162,v. 1 594 thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 16. No Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the City or the BBCRA. 17. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other,which may be granted or withheld at the other party's absolute discretion. 18. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 19. Survival. The provisions of this Agreement regarding termination and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 20. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 21. 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. 22. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been 4859-3315-2162,v. 1 595 prepared by counsel for one of the parties. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. Boynton Beach Community Redevelopment Agency ATTEST: L By: i` t/ .x Print Name: S17/?V — Title: ,; Date:C. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CRA Attorne City of Boynton Beach, Florio . ATTES : By: ON•B£,q' int Nam:. /y P&2 ti. 5, p1E .••'s' Lt. 7oR 1115e0tS,\l Titl!t 3/zYoerOgatofri OC1'0,9,Y ei APPROV .'AS TO FORM A'`‘! LEGAL - ' FICIENCY: C , A ttorney 4859-3315-2162,v. 1 596 EXHIBIT A 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 Page 1 of 10 4875-9566-4284,v.2 597 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 percent 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 Page 2 of 10 4875-9566-4284,v.2 598 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. Page 3 of 10 4875-9566-4284,v.2 599 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 Page 4of10 4875-9566-4284,v.2 600 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, Page 5of10 4875-9566-4284,v.2 601 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 Page 6 of 10 4875-9566-4284,v.2 602 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 Page 7 of 10 4875-9566-4284,v.2 603 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(acbbtl.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 Page 8of10 4875-9566-4284,v.2 604 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 Page 9 of 10 4875-9566-4284,v.2 605 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: t/Z.• ft<2`( Au epresentative r Contractor Print Name: 1-3-Pc Le-1 Witness: Date: t/2 2`t Witness Name:t 4 ---- ‘4 C' 5 By: Date: / 9' 20 z'? Authorized esentative for CRA Print Name/ 79 i()0 & Witness: 17- Date: I INV ZoZq Witness Name: 70 N I E Ni I(AL.'1A El.; Page 10 of 10 4875-9566-4284,v.2 606 EXHIBIT A: SCOPE OF WORK 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 C ("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. 4853-3349-4940,v.6 607 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 vehicle)and two 2)EV Sedans as 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. 4853-3349-4940,v.6 608 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 4853-3349-4940,v.6 609 of a 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 the 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 rates described in the Pricing Schedule attached as Exhibit B.The Vehicle Hours shall occur within the following schedule: 4853-3349-4940,v.6 610 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 4853-3349-4940,v.6 611 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 Advertisinu. 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: 4853-3349-4940,v.6 612 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. 4853-3349-4940,v.6 613 Exhibit A-1 Service Area 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: ii. /7 f i KM oi 1 Oceari;Front B •ch Park, IF i Two_Georges ,ieoa _w_ WaterfrontlGrifle EOce: 6 11 i 71 w t i c J CD ALCD 0) a 1/ i. tQ \\.„ f, , s, 1, - I,/ ke) co il,, i Jm Briny Breezes SE 2 a Zone 1: Area shaded blue Zone 2: Area shaded green 4854-7888-5014,v.2 614 Exhibit B: Pricing Schedule u Vh33 S 0ow.rtownl57d53I MAh.a7(t41.h 1on6- 36464, 14cM1,1 44.r66 I 615.165 64..03 Ms,M5 M.M06 13s*7 Month Mo.• Moab 20 35421I 04.Mu 51..0 Mr Mel 6C M 50 0 M 00 1 M M 1•.26 M M0I/, 361 161 161 261 555 111 241 261 161 261 261 266 03/7 I 0560030. 11 1 1 i 1 1 1 0170.0 0 0 Mf.M 1 5 2 1 1 1 13 1 3 311412•6125e110b Now 241.0 261.0 MIA 1610 241-0 261.0 7610 261.0 111.0 161.0 2430 251A 0105.335959701115.n1.13)97(5753090 2430 MMA 2620 162.0 1610 2610 2610 061.0 1610 2610 241.0 26131 1V Van!wow Noun 00 0.0 D.0 0A DA 00 OA 012 OA 00 00 DO 362.5.7.110515 5220 111 t 5110 522.5 5110 5210 5220 521-0 5221 5210 5110 5110 0/OM3nr3.x3w 1 Sari 0 Mn 5 3617 $ 3637 $ 1631 $ RV 3 34,37 S 50.57 $ 043, $ 15.77 0 737 S Stn 0023nn4226000n..e 1051 I 5457 $ 14.17 1 54.57 $ 36.77 4 35.17 $ 1177 $ 0437 3 54.41 5 SW $ 5447 $ 5537 $ 1550 3/1Vwn0Mv11s. 1 - AO 3 . 35 1 AD $ - ID $ - 30 $ ' 3O $ - AD 3 - Al 3 • 35 5 ' .35 3 - 30 5 - 40 5/50MYr.71. 0 )1.17 1 3437 $ 3637 S XVI 3 36.10 $ 3157 $ 731 $ 1430 $ 15.30 $ 3537 3 3637 $ 4537 bol ow 5 MO 3 5633 I 55503 1 400 1 3.w / $155 5 11126 $ 11501 1 5463 1 35353 $ 34.400 $ 55535 M•.., ./Meth 5 LOW 3 2600 1 1000 0 1000 5 1.600 S 0.000 $ 2W 1 L000 S 1000 3 LOW 0 6.03 $ 1.000 I0,.•t.d7.05.w0.Nona 1 0132 5 3132 1 1531 2 5117 0 5177 S 4312 0 4.320 1 1131 t 5162 1 1232 5 6132 2 5 232 Mlo.s.. S 5.330 $ 400 $ 4172 5 1.515 $ 1.550 1 4131 1 3.500 0 4132 3 4232 $ 4232 S 4172 $ 4.135 6MM•37.71135CRA$1 $ Wn $ 11377 5 9090 $ 0.677 1 W77 $ lain $ Wn $ 37.177 5 12177 5 11.10 6 nags $ WTI 3001 v_M,•e__- _. 5.12626 .__.__• lo.n005..5a. wob.4 600030050.04.. -WY.c347 0095.3 01.111,05 *335.0.1 ' bmeN ,My 05.0.4. p~5 meek :Now D10.0.05 P.0.45 .WY el c0eI$7 40.45 15561 4040 1606 4045 04423 KM µy 4$$ .S55A7 4050.__.- 3m 307 _ 10631 5145 15100 3345 540.11 14040 3637 111.40 5333 WO WT 1 -L6F4.31.37 124$ f13f. - -_.._k58. 6•423 131.23 4-10 3.140 667 57.11 7170 YN476•75 15.31 71.73 534047040___7040 _-. 11040110301 7540 365.71 74-10 11330 las ___._... ,,. _. __10031 21-.5 S.123 si.as 135.11 x540 111.Mi 5040 4040 ULU 3.tri 32S.O3l 13045 SMM 245 Om 3aa 1 1 1113 M-16157 771i. 4-r 615 EXHIBIT B z n 5 c O m44 04 n iijIh&tDrNE14thAve tore Dr R„,.r,l 6Dr Nv Ra 0 NE13thAve z SRd 0 NL'!12th Ave fo Z N'WY11thAve y NES1thAve c, Rader Rd It r Martn Luther Jr 6hrd 0 NS'!9th.Ave NE 9th Ave NE 9th Ave m r L- z a INCA'8th AveImam J v NE 8th Ave 4 nM 7 2 NE 7th Ave 6tf AveN NE 6th Ave J ZONE 2 (CITY) a 0 n IZONEI (CRA) I c a CD sift iiir.,m .. Nth'1st Ave Coconut Ln 111 Y ^^ E Ocean Ave Ocean Ridge 6. ;.' 2SW is:Ave SE1stAve `- n' 4” 9i Hudson Ayr Q I...-I 0. SW 2nd Ave .,.L.ti..•r• Q Si N s .,SW 4th Ave N 1 dill 11111114tiSW5thAve r.) o, 5th Ave gerSW5thLnw o(.-., SN16th Ave m Pr m is 4SW7thAvep0 C.'1,SW 8th Avc a m ma ilirliit.) E Harbour Dr,ySN'9th Avc a 41 IlirSW10thAveHarbourDr5 l io 'SW 11th Ave stitia Ln 12th Ave JD SW 12th Ave ra yera Dr v O o o' z':" av N ' 0 c raLWoolDright Rd E ••olbrrght Rd o Main 81.d ifit cn F.,South Blvd a Hersey Dr v. N High Point". = c High Point Blvd SE 20thCt m Z- Mg. ..MIPAIL Iv it M c Fa:m Dr Briny Breezes w SW 23rd Ave y Eagle Dr Iw+r 11 111111 616 EXHIBIT C E Boynton Beach Blvd 1 1•H9- F H I A R1-1i o III 1 All° STOP SIGN STOP SIGN STOP SIGN 24' 0 I 0 / I 0 / ESTOP SIGN Im ® To ® ® TAS 24'-I-20'-20'-I--24'-f-20'-20'-+-24'-4-20' 20.-4-24.--1--20.-1 I I J J L l L__ Isss9' TI —1— 1 1 I 4 Circuit I Z Designated EVm Parking Spaces — I i m ur II I T T T e-` T I . 25' 25' 25' 25' A R1-1 I 1 W/ /,/ W 7 R1-1 T 4-25' -i If 0 R1-1 Q R1-1 0 R1-1 0 STOP SIGN I STOP SIGN STOP SIGN STOP SIGN Q 24 NE 1st Ave Q AlI s. L..I © R1-1_••_••_••_••_••_•._••_.•_•• 7 1 1 STOP SIGN/ I II-20'-4-24'-1-20'—20'-4-24'-+20'-1 I I I I I I 9' 9' 9' i -r-1 r- I 0 24' Q 21iLt'b 617 EXHIBIT D The City shall promote the Services using Promotional Materials provided by the BBCRA, at no cost to the BBCRA, as follows: 1. Within one month of the Effective Date, the City shall: a. Send an email to every member of City staff concerning the availability of the Services; b. Make an announcement concerning the availability of the Services at a City Commission meeting; c. Share Promotional Materials on the City website, which shall remain on the City website for the term of the Agreement; d. Display Promotional Materials on the televisions at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City's regular rotation of content on such televisions; e. Display Promotional Materials displayed on digital marquees controlled by the City at least once daily for the term of the Agreement; and f. Display Promotional Materials on the digital kiosk(s) at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City's regular rotation of content on such kiosks. 2. Within three months Effective Date, the City shall: a. Share Promotional Materials at least once in all City newsletters (Sailfish Speaks, Economic Development, Recreation, and Library) and once in Funfare Magazine. In the event the City is not able to waive fees for including these Promotional Materials, the City may seek and is entitled to reimbursement from the BBCRA for the actual costs of including such Promotional Materials so long as the City receives the prior, written permission of the BBCRA to incur such costs; and b. Work with the BBCRA to create and include an insert in the City's utility invoices concerning the availability of the Services. 3. The City shall allow the BBCRA to: a. Install one 4x8 sign at City Hall and Oceanfront Park to market the Services; and b. Provide and display posters or postcards marketing the Services within City facilities, including City Hall, Cultural Center, Senior Center, Hester Center, and the Carolyn Sims Center concerning the Services. 4859-3315-2162,v. 1 618 619 620 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 OLD BUSINESS AGENDA ITEM 14.B SUBJECT: Continued Discussion and Consideration of MLK Jr. Boulevard Corridor Mixed Use Project Update (d/b/a Heart of Boynton Shops) 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). Heart of Boynton Shops - Commercial Update: At the September 10, 2024 meeting, the Board received a project update from Centennial Management Corporation (CMC). A CMC representative shared that the commercial construction would begin in October (see Attachment IV). CMC had previously provided the commercial tenants an email on July 12, 2024, that they anticipated construction to begin early August 2024 (see Attachment V). Staff met with CMC on Tuesday, October 15, 2024, to discuss the current status and concern for delays of the commercial spaces (see Attachment VI). Six of the eight commercial spaces are building permit ready, but have not received a construction contract with the final cost estimate from CMC. Two of the units were permit approved in February 2024 with the remaining four receiving permit approval by June 2024. Additionally, Staff was advised that previous cost estimates were not based on the final building permit plans and would need to be priced by the respective subcontractors. Staff shared a list of possible subcontractors to assist CMC in pricing the tenant buildouts (see Attachment VII). On October 25, 2024, CMC received a request from the restaurant tenant in Unit 104 to be released of the lease due to the delays. The tenant sent another email on November 4, 2024, and November 12, 2024, requesting a response from CMC (see Attachment VIII). On October 28, 2024, November 4, 2024, and November 8, 2024, staff requested an update from CMC for the status of Heart of Boynton Shops regarding construction contracts and construction commencement (see Attachment IX). On November 12, 2024, staff met with representatives from CMC and the attached meeting notes were taken (see Attachment X). CMC committed to providing final cost estimates for units 102, 105, 107 and 108 by November 19, 2024. 621 •Attachment I - MLK Jr Blvd Project Site Plan - North At the November 21, 2024 meeting, the Board pressed CMC for more progress on the commercial build-out. Since the November 21st meeting, the following occurred: November 23, 2024: Received a termination letter from the tenant in Unit 107 (see Attachment XI) November 25, 2024: Two coordination calls with CMC, CRA staff and Board Member Hay November 26, 2024: Final cost estimates and construction contracts were provided to Unit 105, 107 and 108 December 2, 2024: Received an email update from CMC for all of the units stating that construction would begin within 2 weeks of signed contracts (see Attachment XII) December 9, 2024: Received confirmation from CMC that each tenant has the right to select any qualified GC to do the build-out and that CMC would contribute their development funding towards the construction of each unit (see Attachment XIII) Since the December 10, 2024 Board meeting, staff has attempted to make continued progress: December 12, 2024: CRA staff sent an email outlining the items needing CMC action (see Attachment XIV) December 17, 2024: Received the signed lease for the tenant in Unit 106 and CRA staff sent a follow up email to CMC requesting the outstanding items in the December 12th email (see Attachment XV) December 20, 2024: CRA staff emailed CMC a form which will allow the tenants at the Heart of Boynton Shops the ability to chose one of the following 1) CMC will complete the entire build-out; 2) CMC will provide the underground/stub-out only (see Attachment XVI) December 30, 2024: CRA staff followed up with CMC on the previous emails with no response (see Attachment XVII) January 2, 2025: CRA staff followed up with CMC with no response (see Attachment XVIII) January 7, 2025: CRA staff received CMC's comments on the form needed to allow tenants the ability to chose their contract and staff responded to their comments. Staff also provided an update on the additional outstanding items needed from CMC (see Attachment XXIX) FISCAL IMPACT: Fiscal Year 2021-2022 Budget; Project Fund Line Item 02-58200-406 - Local Government Match Contribution $625,750 and Commercial/Retail Component $2,025,815 (commercial component); TIRFA $1,630,280 and $433,008.45 Second Development Agreement for the Residential Component. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board discussion. ATTACHMENTS: Description 622 •Attachment II - MLK Jr Blvd Project Site Plan - South •Attachment III - MLK Jr. Blvd. Mixed Use Development Project Renderings •Attachment IV - September 2024 Board Meeting Minutes •Attachment V - August Construction Commencement Email •Attachment VI - Heart of Boynton Shops Status •Attachment VII - List of Subcontractors •Attachment VIII - Unit 104 Cancellation of Lease •Attachment IX - Requests for Updates •Attachment X - November 12, 2024 Meeting Notes •Attachment XI - Unit 107 Lease Termination •Attachment XII - December 2, 2024 Update from CMC •Attachment XIII - December 9, 2024 Email from CMC •Attachment XIV - December 12, 2024 Email to CMC •Attachment XV - December 17, 2024 Email to CMC •Attachment XVI - December 20, 2024 Email to CMC •Attachment XVII - December 30, 2024 Email to CMC •Attachment XVIII - January 2, 2025 Email to CMC •Attachment XXIX - January 7, 2025 Email to CMC 623 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 3 624 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 3 625 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 03 626 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 627 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 2 628 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 1 629 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 1 630 Know what'sR631 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.632 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 10-08-20203333333633 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 09-21-2020SOUTH222634 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 SIMILAR22201010101010101010101010101010101010101010101010101010203030303030303030303030303030303030303030303030303030303030303040404040404040404040505050505050505050505050606060606060606070707070707070707635 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 09-21-2020SOUTH2636 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 SIMILAR2220101010101010101010101010101010101010101010101010101010101010103030303030303030303030303030303030303030303030303030303030304040404040404040404040405050505050505050505050606060606060606060606060707070707070707070707070707070707637 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 09-21-2020SOUTH2PORCHPORCHPORCHPORCHPORCH22222638 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 09-21-2020SOUTH2639 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 09-21-2020SOUTH222640 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 09-21-2020SOUTH22641 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 642 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 1643 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.644 Know what'sR645 646 647 648 Meeting Minutes CRA Board Meeting Boynton Beach, FL the CRA Board on Agenda None 8. Information Only September 10, 2024 A. Semi-Annual Progress Report for the Purchase and Development Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Village Apartments (December 2023 -May 2024) B. Semi-Annual Progress Report for the Development Agreement with Wells Landing Apartments, LLC d/b/a Heart of Boynton Shops (March -August 2024) Paul Bilton stated that they received the final certificate of occupancy in July for all units. He noted that they are moving forward with completing the commercial portion with construction starting in October. Board Member Hay asked what was the delay in commercial construction. Mr. Bilton replied that units 102, 107, and 108 are ready to start construction in October. He stated that units 104 and 105 are restaurants and there has been changes in tenants and in the design. He noted that they are diligently moving forward with these units. Board Member Hay commented that he hopes that is the case and that he will be checking in with Staff on a regular basis. 9. Announcements and Awards A. 2024 Florida Festivals & Events Association SUNsational Awards Mercedes Coppin, Business Development and Promotions Manager, stated that the CRA was awarded eight awards from the Florida Festivals and Events Association for marketing and business promotional activations during the past year. She noted that first place awards were received for the Enchanted Market at Pirate Fest Photo Area/Selfie Station and the Holiday Boat Parade Promotional Mailer and T-Shirt, second place awards were received for the Night Market Event photo and the Spring Market Promotional or recap video. She also noted that third place awards were received for Enchanted Market at Pirate Fest Event photo and the Night Market Billboard signage. 10. Public Comments The public comment section of the meeting is for public comment on items on the consent agenda or items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however, the Board retains 649 This Message Is From an External Sender This message came from outside your organization. From:Paul Bilton To:gillionandco@gmail.com; amilhomme@agapehealthwellness.com; john@forwardleadersgroup.com; potiwapizza@gmail.com Cc:Tack, Timothy; Nicklien, Bonnie; Jorge Leon; Lewis Swezy Subject:RE: Heart of Boynton Shops Update Date:Friday, July 12, 2024 12:14:13 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.jpg Good Afternoon! We are excited to see the commercial space being officially leased up, and we would like to give you an update. We anticipate starting the build-out for permitted units in early August. The construction contract language is being finalized and will be ready along with the schedule of values shortly. We look forward to continue to work with you to make this happen. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Wednesday, July 10, 2024 12:27 PM To: Jorge Leon <jleon@centennialmgt.com>; Paul Bilton <PBilton@centennialmgt.com> Cc: Tack, Timothy <TackT@bbfl.us> Subject: Heart of Boynton Shops Update Hi Jorge, Per your request – here is the contact information for all of the tenants who have approved permits and are waiting CMC’s next steps: Gillion & Co. Inc.137 NE 10th Avenue, Unit 107 Sylvia Gillion 561-414-8892 gillionandco@gmail.com Agape Health & Wellness LLC 137 NE 10th Avenue, Unit 102 Agathe Milhomme 786-356-9915 amilhomme@agapehealthwellness.com Forward Leaders Group LLC, d/b/a Eat Dope Vegan 137 NE 10th Avenue, Unit 105 John LeJeune 561-827-8520 john@forwardleadersgroup.com Potiwa Pizza LLC 137 NE 10th Avenue, Unit 104 Jude Vaillant 786-487-7227 potiwapizza@gmail.com Bonnie Nicklien Grants and Project Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 650 561-600-9090 |561-737-3258 NicklienB@bbfl.us | https://www.boyntonbeachcra.com Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 651 Unit Business Name Permitting Status 101 Premier Medical Center of Boynton Beach Review Cycle denied on 5/17/24 Unresponsive since 4/29/24 102 Agape Health & Wellness LLC Permit approved on 2/28/24 103 JB Dental Care LLC Finalizing Desgin Plans 104 Potiwa Pizza LLC Permit approved on 6/10/24 105 Eat Dope Vegan Permit approved on 6/13/24 106 The Law Office of Diane Andre Permit approved on 4/22/24 107 Gillion & CO. Permit approved on 5/21/24 108 City of Boynton Beach Permit approved on 2/28/24 652 From:Tack, Timothy To:Nicklien, Bonnie Subject:FW: Potential MEP contractors for the HOB pricing Date:Monday, October 28, 2024 11:25:00 AM Attachments:image617076.png image534478.png image424414.png image505886.png image931134.png image636797.png fyi 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 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Tack, Timothy Sent: Monday, October 28, 2024 11:24 AM To: Jorge Leon <jleon@centennialmgt.com> Cc: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com> Subject: Potential MEP contractors for the HOB pricing Jorge, Below are some possible contractor’s for the buildouts. 653 Electrical Palm Beach Electric AJI Electric Copperhead electric Plumbing Rapid Plumbing Buckeye Plumbing ECM Mechanical Cousins Air Astro Air ECM Thanks, 654 This Message Is From an External Sender This message came from outside your organization. From:Lucika Suarez To:Paul Bilton; Lewis Swezy Cc:Pot"iwa Pizza; Nicklien, Bonnie; Penserga, Ty; Tack, Timothy Subject:Cancellation of Lease Date:Friday, October 25, 2024 12:53:45 PM I hope you are doing well. I wanted to ask you what's the process of Jude being released from the lease with you, Centennial Management. Legally, you are in breach of contract because the commencement date has passed and the unit has not been conveyed to Potiwa Pizza, the tenant. I'm prepared to send over a cancellation of contract if that's all it takes. Please advise. -- Best Regards, Lucika Lambert Suarez Florida Licensed Realtor # SL3477196 Ph: 561-336-1292 Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson 655 This Message Is From an External Sender This message came from outside your organization. From:Lucika Suarez To:Paul Bilton; Lewis Swezy Cc:Pot"iwa Pizza; Nicklien, Bonnie; Penserga, Ty; Tack, Timothy Subject:Re: Cancellation of Lease Date:Monday, November 04, 2024 3:49:35 PM Good afternoon Paul and Lewis, I hope this message finds you well. I am following up on the email sent on October 25 regarding the lease agreement with Potiwa Pizza. Could you please clarify the next steps required to formally terminate the lease agreement? Additionally, we would like to request reimbursement not only of the security deposit but also of all expenses incurred in preparing to open the restaurant, as the project ultimately did not proceed. We are committed to resolving this matter amicably but will consider legal options if necessary. Your guidance on how best to proceed would be greatly appreciated. Thank you for your attention to this matter. On Fri, Oct 25, 2024 at 12:53 PM Lucika Suarez <lucikasuarez5@gmail.com> wrote: I hope you are doing well. I wanted to ask you what's the process of Jude being released from the lease with you, Centennial Management. Legally, you are in breach of contract because the commencement date has passed and the unit has not been conveyed to Potiwa Pizza, the tenant. I'm prepared to send over a cancellation of contract if that's all it takes. Please advise. -- Best Regards, Lucika Lambert Suarez Florida Licensed Realtor # SL3477196 Ph: 561-336-1292 Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson -- Best Regards, Lucika Lambert Suarez Florida Licensed Realtor # SL3477196 Ph: 561-336-1292 Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson 656 This Message Is From an External Sender This message came from outside your organization. From:Lucika Suarez To:Paul Bilton Cc:potiwapizza@gmail.com; Tack, Timothy; Nicklien, Bonnie; Lewis Swezy; Jorge Leon Subject:Re: HOB Unit 104 Potiwa Date:Tuesday, November 12, 2024 11:03:29 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.jpg Hi Paul,, I hope you’re well. I wanted to follow up on my previous email and see if you had a chance to review it. Please let me know if there’s an update on the matter. Thank you, and I look forward to hearing from you. On Thu, Nov 7, 2024 at 9:49 AM Lucika Suarez <lucikasuarez5@gmail.com> wrote: Good Morning Paul, I hope this message finds you well. I understand that Jude recently spoke with Sweezy during a visit to the HOB project site to check its progress. However, before moving forward, we have a few important concerns. First, if we decide to proceed, we would need to amend the lease to include performance clauses that ensure delays are minimized and communication consistently meets professional standards. Second, could you confirm whether RS Construction has completed their portion of the work, specifically the cement flooring, ADA-compliant restrooms, plumbing, and electrical installations? Additionally, please review and respond to our previous email regarding the lease agreement. Once these matters are addressed, we can better assess whether Potiwa is prepared to move forward with this project. Thank you, and we look forward to your response. On Tue, Nov 5, 2024 at 7:58 AM Paul Bilton <PBilton@centennialmgt.com> wrote: Good morning Jude, It was nice talking to you about your plans the other day. Considering that you are using a GC other than RS Construction and have a permit, you may schedule your construction start now. Prior to actual commencement we do need a pre-construction meeting with your GC to 657 coordinate logistics and make sure all required documentation (eg insurance, NOC) is in place. I look forward to hearing from you. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Monday, October 28, 2024 11:03 AM To: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com> Cc: Tack, Timothy <TackT@bbfl.us> Subject: FW: Cancellation of Lease Morning Paul, As discussed this morning, please let us know once you speak with Potiwa Pizza and what the decision is regarding the Unit 104 lease. Thank you, Bonnie 658 This Message Is From an External Sender This message came from outside your organization. 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 Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Lucika Suarez <lucikasuarez5@gmail.com> Sent: Friday, October 25, 2024 12:53 PM To: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com> Cc: Pot'iwa Pizza <potiwapizza@gmail.com>; Nicklien, Bonnie <NicklienB@bbfl.us>; Penserga, Ty <PensergaT@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: Cancellation of Lease I hope you are doing well. I wanted to ask you what's the process of Jude being released from the lease with you, Centennial Management. Legally, you are in breach of contract because the commencement date has passed and the unit has not ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd 659 I hope you are doing well. I wanted to ask you what's the process of Jude being released from the lease with you, Centennial Management. Legally, you are in breach of contract because the commencement date has passed and the unit has not been conveyed to Potiwa Pizza, the tenant. I'm prepared to send over a cancellation of contract if that's all it takes. Please advise. -- Best Regards, Lucika Lambert Suarez Florida Licensed Realtor # SL3477196 Ph: 561-336-1292 Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson -- Best Regards, Lucika Lambert Suarez Florida Licensed Realtor # SL3477196 Ph: 561-336-1292 Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson -- Best Regards, Lucika Lambert Suarez Florida Licensed Realtor # SL3477196 Ph: 561-336-1292 Don't judge each day by the harvest you reap, but by the seeds you plant. -Robert L. Stevenson 660 This Message Is From an External Sender This message came from outside your organization. From:Nicklien, Bonnie To:Jorge Leon; Tack, Timothy Cc:Lewis Swezy; Paul Bilton Subject:RE: CORDOVA ESTATES - BIDS Date:Monday, October 28, 2024 11:06:00 AM Hi Jorge, Any updates on the final bids ready for construction contracts for Unit 102, 105, 107, and 108? It would be helpful to have the final bids for 104 (Potiwa) and 106 (Diane Andre) since they are permit ready as well even though there may be a tenant change for Unit 104. Thank you, Bonnie From: Jorge Leon <jleon@centennialmgt.com> Sent: Wednesday, October 16, 2024 5:58 PM To: Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Paul Bilton <PBilton@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com> Subject: CORDOVA ESTATES - BIDS Good Afternoon, Below is the analysis of the difference in price for unit 102 & 108 Unit 102 Attached find the complete analysis of the difference pf each category : 1- Cabinet & Quartz Tops not in original Bid a difference of $ 6,000. 00ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndGood Afternoon, Below is the analysis of the difference in price for unit 102 & 108 Unit 102 Attached find the complete analysis of the difference pf each category : 1. Cabinet & Quartz Tops not in original Bid a difference of $ 6,000.00 2. Glass Window not in original Bid a difference of $ 525.00 3. Plumbing difference is $ 6,000.00 based on a bid by Alpadex Plumbing a local Plumber . The original bid from Ridgeway was for a single bathroom and was based on doing all units at the same time. Ridgeway is no longer interested in doing the work because this is too small of a job. 661 Unit 108 The estimate for unit 108 was done based on a proposed plan and a there was note on bid That stated that final estimate upon final drawing and final scope of work . Below is analysis of cost difference: 1. The drywall was a total mistake because of the number of linear feet of wall and the height increased that price. 2. The doors & hardware per final plan are stain grade doors at a higher cost. 3. Paint increase due to the staining of the doors and the extra labor. 4. Additional cost on the storefront door & side panels based door spec on plans. 5. We increase the allowance of the tile per the final plans tile spec. 6. Bathroom Tile walls was added to the final plan not on original. 7. Appliance where added to the plans not on original estimate. 8. Contingency was added to cover any missing items not clear on plans 9. Plumbing ,Electrical & Mechanical estimate was calculated based on sq. cost Because final MEP plans not available . Our plumbing price were based on Black minority Plumber it seems high and will get two more bids. If you have any questions please contact us. Thanks, Jorge Leon 662 From:Tack, Timothy To:Jorge Leon Cc:Paul Bilton; Lewis Swezy; Nicklien, Bonnie Subject:RE: Potential MEP contractors for the HOB pricing Date:Monday, November 04, 2024 11:34:16 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image383633.png image919134.png image684860.png image899064.png image611515.png image785332.png Jorge, The CRA and tenants need a status on the costs. We are getting a lot of pressure to start construction. We lost a tenant and others are paying interest on loans, which may translate into more tenants backing out. I am very hesitant to keep pushing to fully lease up all the spaces if we can’t precede with buildouts in a timely fashion. 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 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Jorge Leon <jleon@centennialmgt.com> 663 This Message Is From an External Sender This message came from outside your organization. Sent: Tuesday, October 29, 2024 2:24 PM To: Tack, Timothy <TackT@bbfl.us> Cc: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com> Subject: RE: Potential MEP contractors for the HOB pricing Thank You for your help !! From: Tack, Timothy <TackT@ bbfl. us> Sent: Monday, October 28, 2024 11: 24 AM To: Jorge Leon <jleon@ centennialmgt. com> Cc: Paul Bilton <PBilton@ centennialmgt. com>; Lewis Swezy <LSwezy@ centennialmgt. com>ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndThank You for your help !! From: Tack, Timothy <TackT@bbfl.us> Sent: Monday, October 28, 2024 11:24 AM To: Jorge Leon <jleon@centennialmgt.com> Cc: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com> Subject: Potential MEP contractors for the HOB pricing Jorge, Below are some possible contractor’s for the buildouts. Electrical Palm Beach Electric AJI Electric Copperhead electric Plumbing Rapid Plumbing Buckeye Plumbing ECM Mechanical Cousins Air Astro Air ECM Thanks, Timothy Tack , P.E. Assistant Director Boynton Beach Community Redevelopment Agency 664 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9091 TackT@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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 665 From:Tack, Timothy To:Jorge Leon Cc:Paul Bilton; Lewis Swezy; Nicklien, Bonnie Subject:RE: Potential MEP contractors for the HOB pricing Date:Friday, November 08, 2024 4:46:02 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image530628.png image872067.png image225933.png image696588.png image345197.png image321894.png Importance:High Jorge, I have been notified we are possibly losing two more tenants due to the lack of responsiveness by Centennial and RS construction. We last spoke 24 days ago and I haven’t seen any progress. This is not acceptable and needs to be resolved immediately. 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 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 666 This Message Is From an External Sender This message came from outside your organization. From: Tack, Timothy Sent: Monday, November 4, 2024 11:34 AM To: Jorge Leon <jleon@centennialmgt.com> Cc: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com>; Nicklien, Bonnie <NicklienB@bbfl.us> Subject: RE: Potential MEP contractors for the HOB pricing Jorge, The CRA and tenants need a status on the costs. We are getting a lot of pressure to start construction. We lost a tenant and others are paying interest on loans, which may translate into more tenants backing out. I am very hesitant to keep pushing to fully lease up all the spaces if we can’t precede with buildouts in a timely fashion. Thanks, From: Jorge Leon <jleon@centennialmgt.com> Sent: Tuesday, October 29, 2024 2:24 PM To: Tack, Timothy <TackT@bbfl.us> Cc: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com> Subject: RE: Potential MEP contractors for the HOB pricing Thank You for your help !! From: Tack, Timothy <TackT@ bbfl. us> Sent: Monday, October 28, 2024 11: 24 AM To: Jorge Leon <jleon@ centennialmgt. com> Cc: Paul Bilton <PBilton@ centennialmgt. com>; Lewis Swezy <LSwezy@ centennialmgt. com>ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndThank You for your help !! From: Tack, Timothy <TackT@bbfl.us> Sent: Monday, October 28, 2024 11:24 AM To: Jorge Leon <jleon@centennialmgt.com> Cc: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com> Subject: Potential MEP contractors for the HOB pricing Jorge, Below are some possible contractor’s for the buildouts. Electrical Palm Beach Electric AJI Electric Copperhead electric Plumbing Rapid Plumbing 667 Buckeye Plumbing ECM Mechanical Cousins Air Astro Air ECM 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 Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 668 1 Tack, Timothy From:Paul Bilton <PBilton@centennialmgt.com> Sent:Thursday, November 14, 2024 4:17 PM To:Utterback, Theresa; Jorge Leon; Tack, Timothy Cc:Lewis Swezy; Nicklien, Bonnie; Kathryn Rossmell Subject:RE: 11.12.24 Meeting - Tenant Build-Out Status HOB Commercial Spaces This Message Is From an External Sender This message came from outside your organization. Good AŌernoon! Thank you for the meeƟng and thank you for the summary below. See notes in red. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786‐399‐4210 From: Utterback, Theresa <UtterbackT@bbfl.us> Sent: Tuesday, November 12, 2024 4:56 PM To: Paul Bilton <PBilton@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com>; Tack, Timothy <TackT@bbfl.us> Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Nicklien, Bonnie <NicklienB@bbfl.us>; Kathryn Rossmell <krossmell@llw‐law.com> Subject: 11.12.24 Meeting ‐ Tenant Build‐Out Status HOB Commercial Spaces Hello Gentlemen, Per the meeƟng today please see the list of acƟons below that were discussed. If you have any addiƟons/deleƟons/correcƟons, please reply all to this email. CMC to send an email to all commercial tenants regarding the status of their project Will do shortly Unit 101 – CMC to email tenant a final email noƟce that the project is terminated email sent Unit 102 – CMC will have contract/pricing completed by Friday‐11/15/24 It may be Monday which is why I have not yet sent out the update email Unit 103 – DenƟst office, CMC has a lease, tenant needs to submit plans for the space Unit 104 – Tenant is moving forward with its own contractor; CMC/CRA need to confirm how the tenant will be reimbursed for the CRA contribuƟon of approx. $51,000+/‐ for floor/MEP I called and texted Jude today Unit 105 – CMC will have contract/pricing completed by Tuesday‐11/19 /24 Unit 106 – Plans are permiƩed per old design; the plans will be recycled for the new tenant (law firm) and will be sent to bid – there is currently no lease Tenant has the lease under review. Unit 107 ‐ CMC will have contract/pricing completed by Friday‐11/15/24 It may be Monday which is why I have not yet sent out the update email Unit 108 – CMC to confirm bullet proof wall goes through to lobby (includes the conference room) CMC will have contract/pricing completed by Tuesday‐11/19 /24 669 2 Thank you, Theresa 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 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 670 This Message Is From an External Sender This message came from outside your organization. From:Sylvia Gillion To:Paul Bilton Cc:Tack, Timothy; Nicklien, Bonnie; Lewis Swezy; Jorge Leon Subject:Re: HOB 107 Build-Out Date:Saturday, November 23, 2024 4:37:46 PM Please be advised that Sylvia Gillion dba Gillion & Co and Gillion & Co Realty Inc., have withdrawn from the Heart of Boynton Commercial project. Please cancel the expired lease agreement as well. If you have any questions, please advise me so I can forward your questions and concerns to my legal advisor's office. Thank you, Sylvia On Fri, Nov 22, 2024, 4:39 PM Paul Bilton <PBilton@centennialmgt.com> wrote: Hi Sylvia, Attached is the build-out cost proposal based on permit set of plans. We look forward to hearing from you! Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 671 This Message Is From an External Sender This message came from outside your organization. From:Paul Bilton To:Nicklien, Bonnie; Tack, Timothy Cc:Lewis Swezy; Jorge Leon; Hay, Woodrow L. Subject:RE: HOB - Buildout Cost & Construction Date:Monday, December 02, 2024 10:31:48 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.jpg Hi Bonnie and Tim Here’s an update: 101 Awaiting new tenant. The plans on file are not generic, so we are hesitant to proceed without the new tenant’s input. 102 Rebidding HVAC and millwork – HVAC came down; hoping to have millwork by tomorrow 103 Please send the plans if you have them. I have a call in to Mike Jean Baptiste as well. 104 I received a text back from Jude stating that he will call me today. 105 John is looking at the cost details and will get back with me today. 106 Re-bidding and a couple of trades already came in lower. We should have it done by tomorrow. 107 We emailed Sylvia a cost detail that matches the estimate from a year ago, and I left a message today hoping to talk to her about staying 108 Rebidding HVAC and millwork – HVAC came down; hoping to have millwork by tomorrow. We are ready and eager to start construction within +/- 2 weeks of receipt of signed contracts. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 672 From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Monday, December 2, 2024 9:45 AM To: Paul Bilton <PBilton@centennialmgt.com>; Tack, Timothy <TackT@bbfl.us> Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com> Subject: RE: HOB - Buildout Cost Hi Paul, Hope you enjoyed your Thanksgiving! Can you please tell me the status of the final cost estimate for Unit 106 (Diane Andre Law Office)? She will be using the permitted plans for Politicalm. The attached cost estimate was provided in March based on the final set of plans for Unit 106. Thank you for the update. 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 Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via 673 This Message Is From an External Sender This message came from outside your organization. email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Paul Bilton <PBilton@centennialmgt.com> Sent: Monday, November 25, 2024 1:54 PM To: Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com> Subject: HOB - Buildout Cost Hi Tim Attached are the bid list and comparison of original vs current cost for 102, 105, 107 and 108. 105 and 107 did not change much. 108 was originally based on a simplistic sketch. As discussed, we are doing some value engineering and intendZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndHi Tim Attached are the bid list and comparison of original vs current cost for 102, 105, 107 and 108. 105 and 107 did not change much. 108 was originally based on a simplistic sketch. As discussed, we are doing some value engineering and intend to re-bid a couple of trades. We look forward to discussing our next steps with you at 3. Please forward to Commissioner Hay. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 674 This Message Is From an External Sender This message came from outside your organization. From:Paul Bilton To:Tack, Timothy Cc:Nicklien, Bonnie; Lewis Swezy Subject:RE: MLK Tenant Buildouts Date:Monday, December 09, 2024 1:24:11 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.jpg Hi Tim We agree that each tenant has the right to select any qualified GC to do the build-out and that Centennial will contribute $7,142.86 towards the construction of each of 101-107. The funds will go to the GC doing the work. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 From: Tack, Timothy <TackT@bbfl.us> Sent: Friday, December 6, 2024 1:30 PM To: Paul Bilton <PBilton@centennialmgt.com> Cc: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: MLK Tenant Buildouts Paul, I want to confirm our agreement on the MLK tenants before next Board meeting. As I understand it, Centennial agrees that each tenant will have the choice to use RS Construction or to use their own contractor, and in either case, Centennial will contribute the required $7,142.86 to each tenant. We can work out the mechanics of the payment later but I want to make sure we are on the same page before we start working on a process. Please let me know. Thanks, 675 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 Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 676 This Message Is From an External Sender This message came from outside your organization. From:Nicklien, Bonnie To:Paul Bilton; Tack, Timothy Cc:Lewis Swezy; Jorge Leon; Hay, Woodrow L. Subject:RE: HOB - Buildout Cost & Construction Date:Thursday, December 12, 2024 11:01:00 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png Importance:High Paul and team – Please see the latest on each unit from the CRA. My updates are in Green with the pending action items from CMC in highlighted in blue. Thank you for the confirmation! Bonnie From: Paul Bilton <PBilton@centennialmgt.com> Sent: Friday, December 06, 2024 10:44 AM To: Nicklien, Bonnie <NicklienB@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com>; Hay, Woodrow L. <HayW@bbfl.us> Subject: RE: HOB - Buildout Cost & Construction Good Morning! Thank you for taking my call this morning! Please see update in red below. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 From: Paul Bilton Sent: Monday, DecemberZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndGood Morning! Thank you for taking my call this morning! Please see update in red below. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 677 786-399-4210 From: Paul Bilton Sent: Monday, December 2, 2024 10:32 AM To: 'Nicklien, Bonnie' <NicklienB@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com>; 'hayw@bbfl.us' <hayw@bbfl.us> Subject: RE: HOB - Buildout Cost & Construction Hi Bonnie and Tim Here’s an update: 101 Awaiting new tenant. The plans on file are not generic, so we are hesitant to proceed without the new tenant’s input. Still waiting for prospective tenant plan input. I have met with Andy Lafontant an ER dr looking to open an urgent care. I spoke with him today for another update and he is still interested and working on research with architects/contractors and overall business plan before we have an introduction meeting with CMC. 102 Rebidding HVAC and millwork – HVAC came down; hoping to have millwork by tomorrow Revised, reduced cost sent to tenant. Messages left. Spoke with Agathe yesterday and she is interested in staying if the cost estimate can come down. Otherwise, the numbers do not make sense for her to move forward. Per our conversation with CMC on Tuesday, we are waiting on Lewis to take another look at the cost and get back to us. Please let us know the update. 103 Please send the plans if you have them. I have a call in to Mike Jean Baptiste as well. Still waiting for plans. Spoke to Mike on 12/2 and left messages. An email was sent to Jorge today with the final permit application set of plans. Please let us know when 103 may receive a cost estimate. The permit application was submitted by another contractor on November 8th and is currently under its second review cycle. 104 I received a text back from Jude stating that he will call me today. Per conversation yesterday with Jude and Lucika: while they do intend to use their own GC, they nevertheless thought that we would be installing MEP work and kitchen. All we will do is install the slab (at our cost), so we need a procedure by which the CRA funds ($51k) that were intended to go to us get re-directed to the tenant/tenant GC since they will do the applicable work. They appear open to doing the work and receiving the $51k from the CRA and $7,142.85 from Centennial. I sent the permit approved set of plans to Jude for him to work with his GC on a cost estimate and next steps. 105 John is looking at the cost details and will get back with me today. Messages left after our 12/2 conversation. I sent John a permit approved set of plans to work on getting other cost estimates. He has not decided on a final GC if it is CMC or other. 106 Re-bidding and a couple of trades already came in lower. We should have it done by tomorrow. 678 Final cost provided. We need a signed lease as well as the GC contract. Diane signed a lease and will send the guaranty signed page soon. A revised set of plans were sent to Jorge yesterday and the tenant requested an updated cost estimate from Jorge on the revised plans. She is also seeking confirmation that pulling the current permit in place for Unit 106 to begin the work, then submit the revisions to permitting is the best course of action for the tenant. Please confirm. 107 We emailed Sylvia a cost detail that matches the estimate from a year ago, and I left a message today hoping to talk to her about staying Spoke to Sylvia today. She would like to stay. She is reviewing the cost estimate item by item and will send me some questions today. Final permit approved set of plans were sent to Sylvia for her to work on getting her own GC. 108 Rebidding HVAC and millwork – HVAC came down; hoping to have millwork by tomorrow. Revised, reduced cost sent to CRA. We are finalizing the GC contract with the City. We should hear back soon. We are ready and eager to start construction within +/- 2 weeks of receipt of signed contracts. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Monday, December 2, 2024 9:45 AM To: Paul Bilton <PBilton@centennialmgt.com>; Tack, Timothy <TackT@bbfl.us> Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com> Subject: RE: HOB - Buildout Cost Hi Paul, Hope you enjoyed your Thanksgiving! Can you please tell me the status of the final cost estimate for Unit 106 (Diane Andre Law Office)? She will be using the permitted plans for Politicalm. The attached cost estimate was provided in March based on the final set of plans for Unit 106. Thank you for the update. Bonnie 679 This Message Is From an External Sender This message came from outside your organization. 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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Paul Bilton <PBilton@centennialmgt.com> Sent: Monday, November 25, 2024 1:54 PM To: Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us> Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com> Subject: HOB - Buildout Cost Hi Tim Attached are the bid list and comparison of original vs current cost for 102, 105, 107 and 108. 105 and 107 did not change much. 108 was originally based on a simplistic sketch. As discussed, we are doing some value engineering and intendZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndHi Tim Attached are the bid list and comparison of original vs current cost for 102, 105, 107 and 108. 105 and 107 did not change much. 108 was originally based on a simplistic sketch. As discussed, we are doing some value engineering and intend to re-bid a couple of trades. We look forward to discussing our next steps with you at 3. Please forward to Commissioner Hay. 680 Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 681 From:Nicklien, Bonnie To:Paul Bilton; Tack, Timothy Cc:Lewis Swezy; Jorge Leon; Hay, Woodrow L. Subject:RE: HOB - Buildout Cost & Construction Date:Tuesday, December 17, 2024 9:28:00 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.jpg Hi Paul, Please provide confirmation of the email below and an update on CMC’s items. Thank you, Bonnie From: Nicklien, Bonnie Sent: Thursday, December 12, 2024 11:01 AM To: Paul Bilton <PBilton@centennialmgt.com>; Tack, Timothy <TackT@bbfl.us> Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com>; Hay, Woodrow L. <HayW@bbfl.us> Subject: RE: HOB - Buildout Cost & Construction Importance: High Paul and team – Please see the latest on each unit from the CRA. My updates are in Green with the pending action items from CMC in highlighted in blue. Thank you for the confirmation! Bonnie From: Paul Bilton <PBilton@centennialmgt.com> Sent: Friday, December 06, 2024 10:44 AM To: Nicklien, Bonnie <NicklienB@bbfl.us>; Tack, Timothy <TackT@bbfl.us> 682 This Message Is From an External Sender This message came from outside your organization. Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com>; Hay, Woodrow L. <HayW@bbfl.us> Subject: RE: HOB - Buildout Cost & Construction Good Morning! Thank you for taking my call this morning! Please see update in red below. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 From: Paul Bilton Sent: Monday, DecemberZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndGood Morning! Thank you for taking my call this morning! Please see update in red below. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 From: Paul Bilton Sent: Monday, December 2, 2024 10:32 AM To: 'Nicklien, Bonnie' <NicklienB@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com>; 'hayw@bbfl.us' <hayw@bbfl.us> Subject: RE: HOB - Buildout Cost & Construction Hi Bonnie and Tim Here’s an update: 101 Awaiting new tenant. The plans on file are not generic, so we are hesitant to proceed without the new tenant’s input. Still waiting for prospective tenant plan input. I have met with Andy Lafontant an ER dr looking to open an urgent care. I spoke with him today for another update and he is still interested and working on research with architects/contractors and overall business plan before we have an introduction meeting with CMC. 102 Rebidding HVAC and millwork – HVAC came down; hoping to have millwork by tomorrow Revised, reduced cost sent to tenant. Messages left. Spoke with Agathe yesterday and she is interested in staying if the cost estimate can come down. Otherwise, the numbers do not make sense for her to move forward. Per our conversation with CMC on Tuesday, we are waiting on Lewis to take another look at the cost and get back to us. Please let us know the update. 103 Please send the plans if you have them. I have a call in to Mike Jean Baptiste as well. Still waiting for plans. Spoke to Mike on 12/2 and left messages. An email was sent to Jorge today with the final 683 permit application set of plans. Please let us know when 103 may receive a cost estimate. The permit application was submitted by another contractor on November 8th and is currently under its second review cycle. 104 I received a text back from Jude stating that he will call me today. Per conversation yesterday with Jude and Lucika: while they do intend to use their own GC, they nevertheless thought that we would be installing MEP work and kitchen. All we will do is install the slab (at our cost), so we need a procedure by which the CRA funds ($51k) that were intended to go to us get re-directed to the tenant/tenant GC since they will do the applicable work. They appear open to doing the work and receiving the $51k from the CRA and $7,142.85 from Centennial. I sent the permit approved set of plans to Jude for him to work with his GC on a cost estimate and next steps. 105 John is looking at the cost details and will get back with me today. Messages left after our 12/2 conversation. I sent John a permit approved set of plans to work on getting other cost estimates. He has not decided on a final GC if it is CMC or other. 106 Re-bidding and a couple of trades already came in lower. We should have it done by tomorrow. Final cost provided. We need a signed lease as well as the GC contract. Diane signed a lease and will send the guaranty signed page soon. A revised set of plans were sent to Jorge yesterday and the tenant requested an updated cost estimate from Jorge on the revised plans. She is also seeking confirmation that pulling the current permit in place for Unit 106 to begin the work, then submit the revisions to permitting is the best course of action for the tenant. Please confirm. 107 We emailed Sylvia a cost detail that matches the estimate from a year ago, and I left a message today hoping to talk to her about staying Spoke to Sylvia today. She would like to stay. She is reviewing the cost estimate item by item and will send me some questions today. Final permit approved set of plans were sent to Sylvia for her to work on getting her own GC. 108 Rebidding HVAC and millwork – HVAC came down; hoping to have millwork by tomorrow. Revised, reduced cost sent to CRA. We are finalizing the GC contract with the City. We should hear back soon. We are ready and eager to start construction within +/- 2 weeks of receipt of signed contracts. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Monday, December 2, 2024 9:45 AM 684 To: Paul Bilton <PBilton@centennialmgt.com>; Tack, Timothy <TackT@bbfl.us> Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com> Subject: RE: HOB - Buildout Cost Hi Paul, Hope you enjoyed your Thanksgiving! Can you please tell me the status of the final cost estimate for Unit 106 (Diane Andre Law Office)? She will be using the permitted plans for Politicalm. The attached cost estimate was provided in March based on the final set of plans for Unit 106. Thank you for the update. 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 Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Paul Bilton <PBilton@centennialmgt.com> Sent: Monday, November 25, 2024 1:54 PM To: Tack, Timothy <TackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us> 685 This Message Is From an External Sender This message came from outside your organization. Cc: Lewis Swezy <LSwezy@centennialmgt.com>; Jorge Leon <jleon@centennialmgt.com> Subject: HOB - Buildout Cost Hi Tim Attached are the bid list and comparison of original vs current cost for 102, 105, 107 and 108. 105 and 107 did not change much. 108 was originally based on a simplistic sketch. As discussed, we are doing some value engineering and intendZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndHi Tim Attached are the bid list and comparison of original vs current cost for 102, 105, 107 and 108. 105 and 107 did not change much. 108 was originally based on a simplistic sketch. As discussed, we are doing some value engineering and intend to re-bid a couple of trades. We look forward to discussing our next steps with you at 3. Please forward to Commissioner Hay. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 686 From:Tack, Timothy To:Paul Bilton; Lewis Swezy Cc:Nicklien, Bonnie Subject:HOB Commercial Tenant Buildouts Date:Friday, December 20, 2024 11:29:16 AM Attachments:Tenant Improvements Selection Form.docx RE MLK Tenant Buildouts.msg image875586.png image367959.png image247243.png image390592.png image617988.png image610965.png Paul and Lewis, In response to our previous discussions with CMC and your email on December 9, 2024 (attached), we have created a form which allows the tenants at the Heart of Boynton Shops the ability to select any qualified GC to complete the build-out and still have access to CMC’s contribution of $7,142.86. The form attached summarizes the following: The tenants understands that they are entitled to $7,142.86 to use towards the interior build- out and stub-out of the Unit, less any amounts agreed upon in this form. The tenant understands that RS Construction will construct the “gray shell” of the Unit. The “gray shell construction” means an unfinished interior with concrete floors (to be poured upon execution of lease agreement), left ready for tenant improvements. The gray shell does not include heating, ventilating, air conditioning, lighting, plumbing, ceilings, elevators, interior walls, etc. The tenant has the option to elect one of the following: RS Construction will complete the entire build-out RS Construction will provide the underground/stub-out only RS Construction will only provide the gray shell Please review the document and provide confirmation so we can provide this to the tenants in a timely manner. 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 687 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 688 From:Nicklien, Bonnie To:Paul Bilton; Lewis Swezy Cc:Jorge Leon; Tack, Timothy Subject:RE: HOB Commercial Tenant Buildouts Date:Monday, December 30, 2024 8:55:00 AM Attachments:Unit 103 - Dentist Office Plans.msg image001.png image002.png image003.png image004.png image005.png image006.png FW Diane Andre ESQ. Checking in.msg Importance:High Hi Paul and Lewis, I hope you enjoyed your holidays. Please provide confirmation at your earliest convenience of the email below from Tim on 12/20. Also, we are waiting on responses to the attached emails sent on 12/11 and 12/12 on costs for Unit 103 and Unit 106. What is the status of those cost estimates? Thank you, Bonnie From: Tack, Timothy <TackT@bbfl.us> Sent: Friday, December 20, 2024 11:29 AM To: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com> Cc: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: HOB Commercial Tenant Buildouts Paul and Lewis, In response to our previous discussions with CMC and your email on December 9, 2024 (attached), we have created a form which allows the tenants at the Heart of Boynton Shops the ability to select any qualified GC to complete the build-out and still have access to CMC’s contribution of $7,142.86. The form attached summarizes the following: The tenants understands that they are entitled to $7,142.86 to use towards the interior build- out and stub-out of the Unit, less any amounts agreed upon in this form. The tenant understands that RS Construction will construct the “gray shell” of the Unit. The “gray shell construction” means an unfinished interior with concrete floors (to be poured upon execution of lease agreement), left ready for tenant improvements. The gray shell does not include heating, ventilating, air conditioning, lighting, plumbing, ceilings, elevators, interior walls, etc. 689 The tenant has the option to elect one of the following: RS Construction will complete the entire build-out RS Construction will provide the underground/stub-out only RS Construction will only provide the gray shell Please review the document and provide confirmation so we can provide this to the tenants in a timely manner. 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 Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 690 From:Tack, Timothy To:Paul Bilton; Lewis Swezy Cc:Nicklien, Bonnie Subject:FW: HOB Commercial Tenant Buildouts Date:Thursday, January 02, 2025 9:42:07 AM Attachments:Tenant Improvements Selection Form.docx RE MLK Tenant Buildouts.msg image639700.png image821665.png image270482.png image373127.png image015687.png image033561.png Paul and Lewis, I need your input on this ASAP. I need to get this out to the tenants so we know how they will proceed. 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 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Tack, Timothy Sent: Friday, December 20, 2024 11:29 AM To: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com> Cc: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: HOB Commercial Tenant Buildouts 691 Paul and Lewis, In response to our previous discussions with CMC and your email on December 9, 2024 (attached), we have created a form which allows the tenants at the Heart of Boynton Shops the ability to select any qualified GC to complete the build-out and still have access to CMC’s contribution of $7,142.86. The form attached summarizes the following: The tenants understands that they are entitled to $7,142.86 to use towards the interior build- out and stub-out of the Unit, less any amounts agreed upon in this form. The tenant understands that RS Construction will construct the “gray shell” of the Unit. The “gray shell construction” means an unfinished interior with concrete floors (to be poured upon execution of lease agreement), left ready for tenant improvements. The gray shell does not include heating, ventilating, air conditioning, lighting, plumbing, ceilings, elevators, interior walls, etc. The tenant has the option to elect one of the following: RS Construction will complete the entire build-out RS Construction will provide the underground/stub-out only RS Construction will only provide the gray shell Please review the document and provide confirmation so we can provide this to the tenants in a timely manner. Thanks, 692 This Message Is From an External Sender This message came from outside your organization. From:Nicklien, Bonnie To:Paul Bilton; Tack, Timothy; Lewis Swezy Cc:Jorge Leon Subject:RE: HOB Commercial Tenant Buildouts Date:Tuesday, January 07, 2025 11:09:00 AM Attachments:25_0107 Tenant Improvement Selection Form Response to CMC Comments.docx image001.jpg FW Diane Andre ESQ. Checking in.msg Unit 103 - Dentist Office Plans.msg 25_0106_A105-2017 - Working Draft -108_KBR.docx RE MLK Tenant Buildouts.msg Hi Paul, Thank you for your comments. We reviewed and accepted all of the comments less a few track changes. Please review the attached document so we can get this out to the tenants soon. Please note, that if the tenant selects the second option where RS Construction will only provide the stub- out and grey shell, that we would require a breakdown of the overall plumbing costs to include the costs specific to the stub-out. Also, let us know when we can expect the items below. We publish the agenda packet today and will be presenting an update to the Board. Review and approve the construction contract A105 for the NOP office Unit 108 (comments from staff/legal in track changes). This will go to the CRA Board on January 14th for review and approval Provide Unit 102 with her revised cost estimate Respond to Unit 105 regarding his questions on the cost estimate per a discussion with Paul Provide a cost estimate for Unit 106 – see attached email Provide a cost estimate for Unit 103 – see attached email. Thank you, Bonnie From: Paul Bilton <PBilton@centennialmgt.com> Sent: Monday, January 06, 2025 5:34 PM To: Tack, Timothy <TackT@bbfl.us>; Lewis Swezy <LSwezy@centennialmgt.com> Cc: Nicklien, Bonnie <NicklienB@bbfl.us>; Jorge Leon <jleon@centennialmgt.com> Subject: RE: HOB Commercial Tenant Buildouts Good Afternoon Pls review the attached revised draft. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 From: Tack, Timothy <TackT@ bbfl. us> Sent: Thursday, January 2, 2025ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndGood Afternoon 693 Pls review the attached revised draft. Regards, Paul Bilton Centennial Management Corp 7735 NW 146 Street, Suite 306 Miami Lakes, FL 33016 786-399-4210 From: Tack, Timothy <TackT@bbfl.us> Sent: Thursday, January 2, 2025 9:42 AM To: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com> Cc: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: FW: HOB Commercial Tenant Buildouts Paul and Lewis, I need your input on this ASAP. I need to get this out to the tenants so we know how they will proceed. 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 Boynton Beach CRA Twitter page Boynton Beach CRA Facebook page Boynton Beach CRA Instagram Page Image removed by sender. America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via 694 email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Tack, Timothy Sent: Friday, December 20, 2024 11:29 AM To: Paul Bilton <PBilton@centennialmgt.com>; Lewis Swezy <LSwezy@centennialmgt.com> Cc: Nicklien, Bonnie <NicklienB@bbfl.us> Subject: HOB Commercial Tenant Buildouts Paul and Lewis, In response to our previous discussions with CMC and your email on December 9, 2024 (attached), we have created a form which allows the tenants at the Heart of Boynton Shops the ability to select any qualified GC to complete the build-out and still have access to CMC’s contribution of $7,142.86. The form attached summarizes the following: The tenants understands that they are entitled to $7,142.86 to use towards the interior build- out and stub-out of the Unit, less any amounts agreed upon in this form. The tenant understands that RS Construction will construct the “gray shell” of the Unit. The “gray shell construction” means an unfinished interior with concrete floors (to be poured upon execution of lease agreement), left ready for tenant improvements. The gray shell does not include heating, ventilating, air conditioning, lighting, plumbing, ceilings, elevators, interior walls, etc. The tenant has the option to elect one of the following: RS Construction will complete the entire build-out RS Construction will provide the underground/stub-out only RS Construction will only provide the gray shell Please review the document and provide confirmation so we can provide this to the tenants in a timely manner. Thanks, 695 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 OLD BUSINESS AGENDA ITEM 14.C SUBJECT: Continued Discussion and Consideration of Search for the New Executive Director - TABLED 11/21/2024 SUMMARY: On November 13, 2023, the CRA Board directed staff to advertise the Executive Director position (see Attachment I). The position was advertised on LinkedIn, Florida Redevelopment Association (FRA), In deed and the BBCRA website. At the December 12, 2023 meeting, the Board approved the following 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 position was previously advertised in November 2023 and May 2024 without successful placement. At the August 13, 2024 meeting, the CRA Board directed staff to re-advertise the position and research options for executive search firms. In August 2024, t he CRA Executive Director position was re-advertised on the City, CRA, FRA, and International Economic Development Council (IEDC) websites and closed on September 30, 2024. A total of 66 candidates have responded to the advertisement. FISCAL IMPACT: FY 2024-2025 General Fund Budget, Executive Department; Line Item #01-51230-100 CRA BOARD OPTIONS: To be determined by the CRA Board. 696 •Attachment I - BBCRA Executive Job Posting •Attachment II - Executive Staff Hiring Process •Attachment III - Minimum Qualifications Checklist ATTACHMENTS: Description 697 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TITLE: EXECUTIVE DIRECTOR REPORTS TO: BBCRA BOARD SALARY RANGE DEPENDING ON QUALIFICATIONS: $140,000 - $210,000 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. 698 • 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. • 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. 699 • 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. • 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 applicable 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 educa tion 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. 700 PHYSICAL REQUIREMENTS: 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. Please email all resumes to Vicki Hill, Finance Director hillv@bbfl.us 701 702 703 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 704 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 NEW BUSINESS AGENDA ITEM 15.A SUBJECT: Discussion and Consideration of Executive Recruitment Firms for Executive Director Candidates - TABLED 11/21/2024 SUMMARY: On September 10, 2024, the CRA Board directed staff to research Executive Recruitment Firms as an option for securing a viable candidate for the CRA Executive Director position. Staff solicited proposals for Executive Recruitment Firms and four out of five responded (see Attachments I-IV). A summary of the proposals are provided below. VENDOR PROPOSAL LOW RANGE ($140,000) HIGH RANGE ($210,000) Manpower 9/10/2024 $21,000 $31,500 Alpha 1 Staffing 9/11/2024 $22,200 $38,300 Prime Headhunting & Recruiting, Inc.9/10/2024 $40,000 $40,000 Robert Half 9/11/2024 $40,000 $57,500 Career Developers Inc.N/A N/A N/A Additional Information received since agenda item was tabled. If the Board elects to un-table this item, then the Board can also agree to consider the new proposals. The CRA solicited and received two (2) additional proposals for Executive Recruitment Firms. An updated summary of the proposals are provided below (see Attachments I-VI): VENDOR PROPOSAL LOW RANGE ($140,000) HIGH RANGE ($210,000) Manpower 9/10/2024 $21,000 $31,500 Alpha 1 Staffing 9/11/2024 $22,200 $38,300 Prime Headhunting & Recruiting, Inc. 9/10/2024 $40,000 $40,000 Robert Half 9/11/2024 $40,000 $57,500 Career Developers Inc. N/A N/A N/A 705 •Attachment I - Request for Proposal from Alpha 1 Staffing •Attachment II - Request for Proposal from Manpower •Attachment III - Request for Proposal from Prime Headhunting & Recruiting, Inc. •Attachment IV - Request for Proposal from Robert Half •Attachment V - Request for Proposal from S. Renee Narloch & Associates •Attachment VI - Request for Proposal from Colin Baenziger & Associates S. Renée Narloch & Associates 12/18/2024 $29,050 $29,050 Colin Baenziger & Associates 12/19/2024 $34,500 $34,500 FISCAL IMPACT: FY 2024-2025 General Fund Budget, Executive Department; Line Item #01-51230-100 CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description 706 Request for Proposal - Executive Search for the Boynton Beach Community Redevelopment Agency (BBCRA) Executive Director 707 Request for Proposal - Executive Search for the (BBCRA) Executive Director Executive Summary Alpha1 Staffing Search Firm is thrilled to be part of the bidding process to offer exceptional recruitment services to the Boynton Beach Community Redevelopment Agency (BBCRA). Our mission is simple: to deliver top-notch customer service that exceeds expectations every step of the way. At the core of our business are our values: People, Passion, and Professionalism. Integrity is our guiding principle, and since our inception, we've been committed to providing high-quality staffing solutions for a variety of projects. From large-scale, long-term technical endeavors to short-term assignments, our diverse experience speaks for itself. We're not just in the business of filling positions – we're passionate about connecting talented individuals with exciting opportunities. With a national network of professionals spanning various industries, from corporate support to healthcare, we pride ourselves on our ability to match client needs with candidate strengths. Our reputation speaks volumes: an 8-hour perfect match guarantee, a 16-year track record of success, and a client-centric approach that has earned us trust nationwide. Moreover, we're dedicated to fostering diversity and inclusion in the workplace, partnering with companies that share our commitment to creating supportive environments for all. At Alpha1 Staffing Search Firm, PEOPLE are our priority. Whether it's in our careers, businesses, or everyday lives, serving, assisting, and developing people is at the heart of everything we do. That's why we're proud members of esteemed organizations like the American Staffing Association and various chambers of commerce. Our journey began humbly in 2007, weathering economic storms with sheer determination. Today, we stand as the largest female and minority-owned/operated employer in Miami-Dade County, with a workforce spanning thousands across Florida and neighboring states. With nearly two decades of experience under our belt, we've partnered with myriad municipalities state- wide. We're fully committed to meeting the requirements of the RFP and look forward to providing the (BBCRA) with top-tier recruitment services that promote productivity, efficiency, and exceptional value. Thank you for this opportunity to collaborate. We're excited about the prospect of working together and delivering outstanding results. Sincerely, Garrie J. Harris CEO, Alpha1 Staffing + Search Firm, LLC Gharris@ Alpha1staffing.com 954.604.2228 708 Request for Proposal - Executive Search for the (BBCRA) Executive Director Executive Summary WWWeee SSSpppeeeccciiiaaallliiizzzeee iiinnn SSSooollluuutttiiiooonnnsss Main Office/ Servicing Location 3350 SW 148th Ave #110 Miramar, FL 33027 305.620.3633 709 Request for Proposal - Executive Search for the (BBCRA) Executive Director WWWeee SSSpppeeeccciiiaaallliiizzzeee iiinnn SSSooollluuutttiiiooonnnsss Your Dedicated Team An organization is only as strong as its employees. Our goal is to ensure that our team is staffed with the right professionals to properly serve our customers. To do this, we hired for fit, expertise, ability and commitment to service. Our 16-year history in the staffing industry is evident of our ability to hire and cultivate the best staff. Additionally, our team attends regular trainings, industry conferences, and accesses various educational resources to remain abreast of best practices and labor conditions. Garrie Harris, the dynamic CEO of Alpha1 Staffing, has been at the helm of our operations for over 16 years, demonstrating unparalleled leadership and dedication. Under her visionary guidance, Alpha1 Staffing has successfully managed over $100M in municipal and federal staffing contracts, showcasing our ability to handle large-scale projects with precision and excellence. Garrie's strategic leadership has been instrumental in defining the direction and vision of Alpha1 Staffing. Her expertise in managing substantial staffing projects and government contracts ensures that we consistently meet and exceed client expectations. She excels in building and maintaining robust client relationships, which are the cornerstone of our success. Moreover, Garrie's meticulous attention to compliance guarantees that all contractual obligations are met with the highest standards of integrity and professionalism. Her oversight of the RFP process, from initiation to final approval, ensures that Alpha1 Staffing remains competitive and efficient in securing vital contracts. Through her unwavering commitment and exceptional leadership, Garrie Harris continues to drive Alpha1 Staffing forward, delivering outstanding service to our clients and fostering a culture of excellence within the business. Cory Kingcade exemplifies strategic leadership in overseeing our sales and operational functions. With extensive experience in managing large-scale staffing operations and contracts, Cory has been pivotal in driving our business forward. His development and implementation of innovative sales strategies have significantly contributed to Alpha1 Staffing's growth, ensuring that we remain competitive and effective in the marketplace. Cory provides invaluable guidance and support to both the sales and operations teams, fostering a collaborative environment that prioritizes excellence and client satisfaction. Garrie Harris Cory Kingcade VP of Sales Tenure: 3 Years 710 Request for Proposal - Executive Search for the (BBCRA) Executive Director WWWeee SSSpppeeeccciiiaaallliiizzzeee iiinnn SSSooollluuutttiiiooonnnsss Your Dedicated Team Cory's commitment to continuous improvement has led to the enhancement of processes and strategies, boosting productivity and profitability across the organization. His leadership not only drives business growth but also strengthens the foundation of Alpha1 Staffing, positioning us for sustained success in the ever-evolving staffing industry. Lauren Kingcade, the Director of Marketing and Talent Acquisition at Alpha1 Staffing, is a master at developing and implementing comprehensive recruitment strategies. Her deep understanding of various marketing channels allows her to attract top talent effectively, ensuring that Alpha1 Staffing remains a leader in the industry. With a keen focus on promoting employer branding, Lauren excels at attracting diverse candidates, enhancing the inclusivity and strength of our workforce. Her utilization of data-driven insights optimizes our recruitment efforts, ensuring we consistently secure the best candidates for our clients. Lauren's collaboration with the CEO and senior team members ensures that talent acquisition is closely aligned with the overall business objectives of Alpha1 Staffing. Her strategic approach not only bolsters our recruitment capabilities but also contributes to the long-term success and growth of our organization. Nakia Koonce Gilbert offers a wealth of expertise in managing complex staffing projects and high-volume recruitment. Her in-depth knowledge of industry trends and best practices ensures that Alpha1 Staffing stays ahead in the competitive landscape. Nakia excels at establishing and nurturing relationships with key clients and stakeholders, providing strategic guidance on talent acquisition and workforce planning. Her approach involves conducting thorough candidate sourcing, screening, and interviews, meticulously evaluating candidate qualifications to match them with client requirements. Throughout the hiring process, Nakia offers personalized guidance and support to candidates, building a strong network of qualified talent. Her collaborative efforts with clients to understand their staffing needs result in the delivery of highly suitable candidates, ensuring satisfaction and success for all parties involved. Nakia's dedication and strategic insights make her an invaluable asset to Alpha1 Staffing. Lauren Kingcade Director of TA & Marketing Tenure: 8 Years Nakia Koonce-Gilbert Sr. Talent Consultant Tenure: 8 Years 711 Request for Proposal - Executive Search for the (BBCRA) Executive Director WWWeee SSSpppeeeccciiiaaallliiizzzeee iiinnn SSSooollluuutttiiiooonnnsss Your Dedicated Team Tiffany Parks is exceptional at managing payroll processes and ensuring accuracy. Her familiarity with government payroll regulations and compliance requirements guarantees that our operations adhere to the highest standards. Tiffany's experience in handling large volumes of payroll for temporary staff showcases her capability in managing complex and high -demand environments. She excels in streamlining payroll operations, enhancing both efficiency and timeliness. Through her collaboration with HR and finance teams, Tiffany ensures seamless payroll operations, fostering a cohesive and efficient workflow within Alpha1 Staffing. Her dedication and expertise play a crucial role in maintaining the reliability and accuracy of our payroll services. Lisa Smith has extensive expertise in both HR and payroll management. She plays a pivotal role in assisting the Payroll Manager with overseeing payroll processes, ensuring precision and efficiency. Her hands-on experience with payroll software and systems enables her to proficiently handle payroll inquiries and resolve any issues that may arise. Lisa is diligent in maintaining accurate payroll records and documentation, collaborating closely with the Payroll Manager to ensure timely and accurate payroll processing. Her proficiency extends beyond payroll, as she is deeply involved in HR duties, ensuring compliance with all relevant regulations and effectively managing conflict resolution. In addition to her payroll responsibilities, Lisa provides strategic guidance on talent acquisition and workforce planning. She excels in establishing and nurturing relationships with key clients and stakeholders, conducting candidate sourcing, screening, and interviews. Tiffany Parks Payroll Manager Lisa Smith Asst. Payroll & HR Manager Tenure: Years 712 WWWeee SSSpppeeeccciiiaaallliiizzzeee iiinnn SSSooollluuutttiiiooonnnsss Relevant Project Experience Government entities rely on Alpha1 Staffing for their contingent workforce needs . We've established a 16-year track record of on-time and on-budget delivery, and our clients trust our expertise to navigate complex, high volume, multi-location, contingent staffing projects. Our commitment to excellence in customer service sets us apart, and our 8 -hour perfect match guarantee ensures that you receive the right personnel with the right skills for your specific requirements. Whether it's temporary, permanent, or specialized staffing, Alpha1Staffing is dedicated to providing tailored solutions that meet the multifaceted needs of our esteemed government clients. Family owned and operated, and we have a deep understanding of teamwork and the critical role each individual plays in the success of a project. We're committed to thorough and compassionate execution of every deployment. City of Miramar, City of Hollywood, City of Lauderhill, Lee County, and more – our team has collaborated and serviced several large, multi -year municipal contracts throughout Florida and neighboring states. More than 10,000 employees have been placed by using our temporary and direct hire services since 2007. We have provided our employment services to several (past & current) governmental and private agencies from 2010-present. Please see our capability statement enclosed for a full list of past projects detailing our relevant experience. FFFaaammmiiilllyyy ---ooowwwnnneeeddd &&& OOOpppeeerrraaattteeeddd PPPrrrooovvveeennn tttrrraaaccckkk rrreeecccooorrrddd ooofff SSSuuucccccceeessssss TTTaaaiiilllooorrreeeddd SSSooollluuutttiiiooonnnsss Request for Proposal - Executive Search for the (BBCRA) Executive Director 713 Request for Proposal - Executive Search for the (BBCRA) Executive Director WWWeee SSSpppeeeccciiiaaallliiizzzeee iiinnn SSSooollluuutttiiiooonnnsss Streamlined Hiring Process We understand the importance of swift yet thorough temporary placements. Our optimized process balances speed with quality, ensuring highly qualified candidates and faster time-to-fill. 7 Ongoing Check-ins & Review 1 Job Analysis & Description 7 Steps to 2 Candidate Sourcing 6 Onboarding Hiiriing Success 3 Screening & Shortlisting 5 Offer Presentation 4 Screening & Shortlisting 714 Request for Proposal - Executive Search for the (BBCRA) Executive Director WWWeee SSSpppeeeccciiiaaallliiizzzeee iiinnn SSSooollluuutttiiiooonnnsss Proven Success - Alpha 1 Staffing's Success in Filling the Assistant Utilities Director - Engineering Role for the City of Boynton Beach Challenge: The City of Boynton Beach faced a critical vacancy in the Assistant Utilities Director - Engineering role, which had remained unfilled for over a year. This vacancy posed significant challenges to the city's infrastructure management and service delivery. Solution: Alpha 1 Staffing was tasked with identifying and recruiting a highly qualified candidate to fill this crucial position. Our team of experienced recruiters leveraged their deep understanding of the local job market and extensive network within the engineering and utilities sectors. Results: Through a meticulous search process, Alpha 1 Staffing successfully filled the Assistant Utilities Director - Engineering role within six weeks. The new hire possessed a strong track record in managing complex utility infrastructure projects, implementing innovative solutions, and overseeing engineering teams. Key Achievements: Rapid Recruitment: Alpha 1 Staffing efficiently identified and presented qualified candidates to the City of Boynton Beach, ensuring a swift turnaround time. Candidate Quality: The selected candidate demonstrated exceptional technical expertise, leadership skills, and a strong alignment with the city's goals and values. Successful Integration: The new hire quickly integrated into the existing team and began making significant contributions to the city's utilities department. Impact: By filling the Assistant Utilities Director - Engineering role, Alpha 1 Staffing helped the City of Boynton Beach address critical infrastructure challenges and improve service delivery to its residents. The new hire's expertise and leadership have been instrumental in advancing the city's utilities infrastructure and ensuring its long-term sustainability. 715 Request for Proposal - Executive Search for the (BBCRA) Executive Director WWWeee SSSpppeeeccciiiaaallliiizzzeee iiinnn SSSooollluuutttiiiooonnnsss Approach Alpha1 Staffing Search Firm, LLC has been a trusted partner in providing comprehensive talent management solutions for more than sixteen years. We specialize in executive search, human resources, and payroll management, serving government agencies and private sector clients nationwide. As a female, minority-owned and operated company based in Miami-Dade County, Alpha1 is proud to be the largest employer of its kind in the region. Our commitment to excellence, integrity, and innovative solutions positions us as a premier staffing partner for public and private sector organizations alike. Our success stems from our in-depth understanding of the public sector. We recognize public agencies' complexities and challenges, from regulatory constraints to budgetary concerns. This understanding allows us to offer innovative yet practical, results-driven solutions. We take pride in being more than just a staffing firm—we are a strategic partner, sharing our client's goals to help them achieve their organizational vision through People, Passion, and Professionalism. Comprehensive Talent Management Services Alpha1 Staffing offers a broad range of services designed to meet your organization’s unique needs. These include: Executive Search and Recruitment Corporate Strategy and Workforce Planning Training and Professional Development Organizational and Workforce Management Our consultative approach ensures that each service is customized to address your specific challenges and objectives. Whether identifying essential leadership, developing human resources strategies, or addressing temporary staffing needs, Alpha1 Staffing delivers tailored solutions to help your organization excel. Public Sector Expertise Alpha1 Staffing excels in the public sector, deeply understanding government operations and regulatory compliance. We combine this expertise with private sector flexibility and innovation, offering comprehensive staffing strategies to meet the needs of public agencies. With over 200 government and public sector clients across the U.S., Alpha1 has become a trusted partner for organizations seeking to balance efficiency with regulatory requirements. Our public sector knowledge allows us to work effectively with agencies like the Boynton Beach Community Redevelopment Agency (BBCRA). 716 Request for Proposal - Executive Search for the (BBCRA) Executive Director WWWeee SSSpppeeeccciiiaaallliiizzzeee iiinnn SSSooollluuutttiiiooonnnsss Approach We are well-versed in the specific demands of redevelopment projects, economic development initiatives, and community enhancement efforts—all crucial for the BBCRA Executive Director role. Executive Search for Boynton Beach Community Redevelopment Agency (BBCRA)’s Alpha1 Staffing is honored to lead the Boynton Beach Community Redevelopment Agency (BBCRA) executive search to find a qualified Executive Director. This key leadership role is essential for managing the BBCRA’s diverse operations and overseeing redevelopment, economic growth, and community revitalization efforts. Position Title: Executive Director Reports to BBCRA Board Salary Range: $140,000 - $210,000 (dependent on qualifications) General Duties: The Executive Director will manage the daily operations of the Boynton Beach Community Redevelopment Agency (BBCRA) and oversee a range of redevelopment and economic development initiatives, including: Fiscal operations, policymaking, and capital project management. BBCRA program implementation, property acquisition, business incentives, and new business development. Business attraction, retention efforts, and special business promotion activities. Manage and maintain BBCRA-owned properties to enhance the economic and physical character of the BBCRA Districts. Acting as a liaison to businesses and property owners, working toward revitalizing and enhancing the BBCRA Districts through targeted redevelopment initiatives, capital improvements, and branding efforts. Key Responsibilities: Foster economic revitalization and community development within the BBCRA Districts. Oversee the management and fiscal operations of BBCRA programs and projects. Lead efforts to attract, retain, and promote businesses, driving economic growth and sustainability in the area. Coordinate acquiring, developing, and maintaining properties within the BBCRA Districts. Act as a strategic partner in branding and marketing initiatives to promote the BBCRA District as an ideal location for businesses and residents. This role is critical for ensuring that the BBCRA’s mission of revitalizing the community and fostering economic development is successfully implemented through effective leadership and collaboration with key stakeholders. Alpha1 Staffing’s Executive Search Process Alpha1 Staffing has developed a comprehensive executive search process to ensure that the most qualified candidates are presented for the Executive Director role. Our recruitment process includes: 717 Request for Proposal - Executive Search for the (BBCRA) Executive Director WWWeee SSSpppeeeccciiiaaallliiizzzeee iiinnn SSSooollluuutttiiiooonnnsss Approach 1. Candidate identification through outreach to professionals with experience in economic development, public administration, and community revitalization. 2. Vetting and verifying all candidates meet the BBCRA’s qualifications and cultural fit requirements. 3. Credential checks and background verification to guarantee candidates’ qualifications align with the position’s needs. 4. Client collaboration: We work closely with the BBCRA Board to provide regular updates and maintain transparency throughout the recruitment process. Recruitment Team for BBCRA Executive Director Search Garrie Harris, Project Manager, will oversee the search to ensure it meets BBCRA’s expectations. Nakia Koonce-Gilbert, Senior Executive Recruiter, will lead the candidate identification and evaluation process. Lauren Kingcade will assist as an additional resource throughout the recruitment process. Fee Structure Our retained search fee for the Executive Director role is structured as follows: 1. Stage 1: A fee of $10,000 is invoiced upon commencement of the assignment. 2. Stage 2: A results-based fee of 23% of the candidate’s agreed first-year salary, minus the Stage 1 fee, is invoiced on the successful candidate’s start date. 3. Should BBCRA hire additional candidates from Alpha1 Staffing’s search, they will be charged 23% of the candidate’s agreed first-year salary. 718 Request for Proposal - Executive Search for the (BBCRA) Executive Director WWWeee SSSpppeeeccciiiaaallliiizzzeee iiinnn SSSooollluuutttiiiooonnnsss Approach Proposed Recruitment Schedule Alpha1 Staffing will follow a detailed and structured schedule to ensure timely delivery of qualified candidates for the Executive Director role: Week 1-2: Alpha1 Staffing will initiate the search process by reviewing the job description and holding a briefing with the hiring manager. Research will commence, and we will begin developing a list of potential candidates. Week 3-4: We will continue candidate research and refine our list of potential candidates for further vetting. Week 5-6: Alpha1 will begin conducting interviews with the most promising candidates and provide BBCRA with an initial list of top candidates. Week 7-8: We will complete candidate outreach and present the final shortlist to the City of Boynton Beach. During this period, we will also coordinate interviews and assist with the selection and appointment of the Executive Director. Client Satisfaction and Commitment At Alpha1 Staffing, client satisfaction is at the heart of everything we do. We take great pride in our 4.6/5 average client satisfaction rating. Every engagement concludes with a client satisfaction survey, and the feedback is used to continuously improve our performance. We are committed to delivering the highest quality of service to ensure the success of your organization. 719 Request for Proposal - Executive Search for the (BBCRA) Executive Director WWWeee SSSpppeeeccciiiaaallliiizzzeee iiinnn SSSooollluuutttiiiooonnnsss Technology Finding the right talent for your city requires more than just resumes and interviews. That's why we leverage the power of Avionte, our cutting-edge Applicant Tracking System (ATS) powered by Artificial Intelligence (AI). This innovative technology streamlines the recruitment process and ensures a higher quality of candidates for your municipal positions. The Power of AI-Driven Keyword Matching: Avionte utilizes sophisticated AI algorithms to analyze job descriptions and candidate resumes. This intelligent system goes beyond simple keyword searches. It delves deeper, meticulously evaluating the context and intent behind keywords, ensuring a more accurate skills assessment. Beyond Keywords: Skills-Based Scoring for Top Matches: Imagine a system that can not only identify resumes containing relevant keywords but also score each candidate based on their demonstrated skills and experience. That's the power of Avionte. It assigns a weighted score to each candidate, highlighting those who possess the specific skillsets most relevant to your city's needs. Benefits for the City of Boynton Beach: Reduced Time to Hire: By efficiently filtering through a pool of applicants and prioritizing the most qualified candidates, Avionte can significantly reduce the time it takes to fill critical positions within your city departments. Improved Candidate Quality: The AI-powered scoring system ensures a higher caliber of candidates are presented for your review. This means less time spent sifting through irrelevant applications and more time focusing on top talent. Reduced Bias: AI algorithms can help mitigate unconscious bias in the recruitment process. By focusing on objective skills and experience, Avionte ensures a fair and meritocratic approach to candidate selection. A Winning Combination: Human Expertise and AI Technology: While Avionte plays a vital role in identifying strong candidates, we understand that the human touch remains essential. Our dedicated talent consultants leverage their expertise and industry knowledge to interpret the AI data and present you with a curated shortlist of the best possible matches for your city's needs. 720 PERMANENT PLACEMENT AGREEMENT Manpower & Boynton Beach Community Redevelopment Agency Manpower (“Manpower”) and Boynton Beach Community Redevelopment Agency (“Client”), in consideration of the mutual covenants contained herein, agree to the terms and conditions set forth in this Permanent Placement Agreement (the “Agreement”). This Agreement is only valid with respect to services provided by the Manpower branch location set forth in the signature block below, and is effective as of the latter of the two dates set forth below the parties’ signatures (Effective date), 1. Term and Termination. This Agreement shall be for a term of one (1) year from the Effective Date and may be renewed upon the prior written consent of the parties. Either party may terminate this Agreement at any time upon thirty (30) days’ prior written notice to the other party at the address set forth herein. Client shall remain liable to Manpower for all fees and expenses due under this Agreement for any candidate referred to Client, its affiliates, parents or subsidiaries, prior to termination, and shall pay such amounts immediately upon receipt of invoice from Manpower. 2. Services. Manpower shall recruit and refer to Client candidates for permanent placement by providing resumes or candidate profiles. All decisions concerning offers of employment are to be made by Client according to Client’s business needs and other lawful criteria. Manpower is committed to equal employment opportunity and, as such, does not discriminate in referrals, and does not consent to discrimination by its clients, against any candidate on the basis of age, race, color, religion, disability, sex, national origin, veteran status or any other protected characteristic. Client agrees to indemnify and hold Manpower and its employees, directors, officers, subsidiaries and representatives harmless against any and all claims, loses and liabilities that arise from any hiring decision made by Client hereunder. 3. Fees and Payment. Client agrees to pay a fee if Client hires or retains a candidate, in any capacity, referred by Manpower within one (1) year after that candidate was presented to Client, regardless of whether Client learned of or could have learned of the candidate through other means. As follows is the fee payable, which is a fixed percentage of Compensation* paid by Client: Annualized Compensation Placement Fee $140,000 - $210,000 Reduced direct hire rate: 15% *Compensation includes base gross salary, gross compensation for services, fees, wages, guaranteed and/or anticipated bonus and commission earnings, to be made to the candidate during the first twelve (12) months of employment. If Manpower refers a candidate to Client that Client has interviewed (within the last six (6) months) or has scheduled an interview, Client will not owe Manpower a fee if Client hires the candidate. Client shall provide Manpower with documentation, upon request, sufficient to establish that the interview has been held or scheduled. Client agrees to notify Manpower immediately of any offer to hire a candidate along with the date of the candidate’s acceptance and the details of the candidate’s Compensation. Fees are to be paid by Client within ten (10) days of the invoice date. 4. Confidentiality. Client agrees to keep all candidate referrals, including without limitation any information on a candidate’s identification, strictly confidential. If Client refers a candidate presented by Manpower to a third party within twelve (12) months of the referral, and the third party hires the candidate, in any capacity, Client agrees to pay Manpower a fee in accordance with the terms herein. If the compensation of the candidate is not known, Client agrees to pay the minimum level of compensation for the hired position based on any information provided by Client and/or comparable salaries in the market for such positions. 5. Guarantee. Except for a Client-initiated reduction in workforce, elimination of the position or insufficient work for candidate, if a candidate hired by Client is no longer employed by Client sixty (60) days after candidate’s start date with Client, and provided that Client has paid all invoices associated with such candidate, Manpower will, on a one-time basis, use its best efforts to replace the candidate at no additional cost. Should Manpower be unable to identify a replacement candidate within (the agreed upon period of 721 R10.1.10 2 time), Manpower will refund to client on a pro-rated basis (based on the time the candidate has worked in the position) the fee paid by the client.: 0-30 Days – 75%; 31-60 days – 50% Manpower warrants, to the best of its knowledge, that all candidate information presented is accurate; however, Manpower shall not be required to perform an independent investigation of the accuracy of any information provided by a candidate, including educational background, work experience, immigration status and contractual obligations to prior employers. Although Manpower may perform reference checks upon the request and at the Client’s expense, such reference checks only provide answers to specific questions asked, and they are not intended to be an exhaustive check of employment, education and other background information. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MANPOWER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED. 6. Limitation on Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, REGARDLESS OF HOW CHARACTERIZED AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE FROM THE PERFORMANCE OF THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENT, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). 7. Entire Agreement; Amendment. This Agreement contains the entire understanding between the parties hereto, and supersedes all prior agreements and understandings relating to the subject matter hereof. No provision of this Agreement may be amended or waived unless such amendment or waiver is agreed to in writing and signed by both parties. 8. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to any conflicts of law principles thereof. IN WITNESS WHEREOF, this Agreement has been duly executed by authorized signatories of Manpower and Client as of the Effective Date. Boynton Beach Community Redevelopment Agency 100 E.Ocean Ave.|Boynton Beach,Florida 33435 MANPOWER ___________________________________ Signature _Angela Campbell_________ Signature Printed Name / Title Angela Campbell Printed Name / Business Development Manager Boynton Beach / Boca Raton________________ Branch Location Date 9.10.2024_________________ Date 722 Proposal for Executive Search Services 2024 You need the right people | We get the right results Prime Headhunting & Recruiting, Inc. Prime Headhunting & Recruiting, Inc. 1501 Belvedere Rd., Suite 500, West Palm Beach, FL 33406 T: 800-722-9214 W: www.goprimehr.com Palm Beach County Vendor ID:VS0000018491 DUNS: 117771441 EIN: 85-3699729 723 EXECUTIVE RECRUITMENT PROPOSAL City of Boynton Beach TABLE OF CONTENTS COVER LETTER ......................................................................................................................2 BACKGROUND AND QUALIFICATIONS .......................................................................3 CODE OF ETHICS...................................................................................................................4 METHODOLOGY AND APPROACH ................................................................................5 PROPOSED TIME FRAME ...................................................................................................10 COST PROPOSAL ..................................................................................................................11 GUARANTEE ..........................................................................................................................12 Prime Headhunting & Recruiting, Inc. (800) 722-9214 SCOPE OF THE PROJECT.....................................................................................................6 Prime Headhunting & Recruiting, Inc. (800) 722-9214 Page 1 724 September 10, 2024 VIA EMAIL Vicki Curfman Administrative Assistant Boynton Beach Community Redevelopment Agency City of Boynton Beach- Community Redevelopment Agency 100 E. Ocean Ave. Boynton Beach, FL, 33435 Dear Ms. Vicki Curfman: Thank you for the opportunity to submit a proposal to assist the City of Boynton Beach with their recruitment efforts. We are always dedicated, regardless of the level of position, to finding and presenting qualified candidates. Prime Headhunting & Recruiting, Inc., is pleased to present this proposal. Enclosed is our proposal which outlines how we would partner with your organization to recruit the best individuals. It describes the steps we will take to accomplish the recruitment and provide qualified individuals. We have conducted countless executive searches which has made Prime Headhunting & Recruiting, Inc., an expert in identifying, targeting, recruiting, and successfully placing candidates. Including women and minority candidates in a vast amount of our recruitments. Our firm has a large pool of resources at our fingertips in order to attract the best candidates, per opportunity. Prime Headhunting & Recruiting, Inc., is committed to providing the highest level of service to our partners. We take this seriously and have built our reputation on providing services of the highest quality. We highly value our partnerships and we consider ourselves to be an extension of our clients. Prime Headhunting & Recruiting recognizes the City of Boynton Beach's dedication and pride in their community as "America's Gateway to the Gulfstream" and we would be honored to assist the BBCRA's mission to guide redevelopment activities along the eastern edge of the City. In our efforts, we commit to ensure that each and every candidate presented for consideration will also align themselves with the your organization’s mission and contribute positively to the vision of your community. We will be happy to answer any additional questions you may have. We look forward to working with you on this very important project. Sincerely, Alexa Sardinas, CSC President Vendor ID:VS0000018491 DUNS: 117771441 EIN: 85-3699729 Prime Headhunting & Recruiting, Inc. (800) 722-9214 Page 2 725 BACKGROUND AND QUALIFICATIONS Prime Headhunting & Recruiting, Inc., is a national executive search firm specializing in the recruitment of C-Suite level executives and professional-level positions. We are one of the leading recruitment firms and we are recognized throughout the industry for the level of commitment we bring to the recruitment process, our exceptionally high ratio of successful, long-term introductions, and our innovative approach to addressing the needs of both our clients and our candidates. Our industry expertise is matched by our unparalleled customer service and our ability to analyze client needs, create a tailored recruiting strategy, and fulfilling vacancies with the right people. Our in-depth process involves sourcing, screening, and qualifying the top talent in order to make successful placements. All searches carried out by Prime Headhunting & Recruiting, Inc., are performed according to the highest standards of professionalism and confidentiality. Confidential information divulged to us, in many cases, is vital to our ability to locate the best possible candidate; we respect this information and conversely request that you treat any candidate or general information provided by us with the same level of confidentiality. Prime Headhunting & Recruiting, Inc., is an approved vendor through Palm Beach County with an active status - Vendor Code : VS0000018491 We are certified by the State of Florida as an official (WBE) Woman Business Enterprise or a women-owned business. We are proud to be recognized by the State of Florida as a business that is owned, managed, and controlled by a woman. Top 3 Benefits of partnering with a Women-Owned Business 1.Tax Incentives This is the greatest benefit. We all want to lower costs without jeopardizing quality. Working with a certified minority or women-owned business can do just that. The state and federal governments offer tax incentives to companies that do business with certified minority and women-owned businesses. They are also programs that reduce tax liabilities for projects funded with federal, state grants, or loans when the supplier is a women-owned business. In certain states, additional tax incentives may also be available. When you partner with Prime Headhunting & Recruiting, we provide all the necessary certification documentation needed for your tax filing purposes. 2.Increase ROI and Lower the Cost of Procurement A recent study shows that working with a certified business can increase profitability with as much as 145% return on investment, offering competitive advantages for procurement organizations. In conclusion, the research determined that procurement organizations who work with a diverse supplier base also had lower overall operating costs and spent 30% less on their buying operations. 3.Increase Supply Channels By partnering with minority and women-owned certified businesses you increase your sources for goods and services permitting you greater opportunities to analyze options that best fit your organization’s needs. Prime Headhunting & Recruiting, Inc. (800) 722-9214 Page 3 726 CODE OF ETHICS Prime Headhunting & Recruiting is a proud member of the NALSC (National Association of Legal Search Consultants) and adheres to their Code of Ethics. The organization is committed to upholding the highest ethical standards by requiring adherence of its members to the NALSC Code of Ethics®. ARTICLE I Relations With Employers Information provided to employers shall be the most accurate information known to the search firm. No search firm shall withhold candidate information which the employer would reasonably consider essential to its hiring decision. Candidates shall be submitted only (i) with prior authorization of the employer or (ii) where the search firm, based on previous direct communication with the employer, reasonably believes the employer would accept the submission. Confidential information relating to the employer shall be treated accordingly. No search firm shall solicit any attorney from the office of an employer in which it has made a placement for a six-month period following that placement, unless the search firm reasonably believes such a restriction is not required by the employer. No search firm shall solicit a candidate it has placed while that candidate remains with the employer that paid the recruiting fee. ARTICLE II Relations With Candidates Information provided to candidates shall be the most accurate information known to the search firm. No search firm shall withhold employer information, which a candidate would reasonably consider essential to his or her hiring decision, subject to the search firm’s duties to the employer. Candidates shall be submitted to employers only with the candidates’ express prior consent. A search firm shall treat as confidential all information supplied to it in confidence by a candidate, subject to the search firm’s duties to the employer. Search firms shall make all submissions which have been authorized by the candidate and shall inform the candidate of the results of those submissions in a timely manner. No search firm shall attempt to exert undue influence on the candidate. ARTICLE III Relations Among Members Members of this Association shall relate to each other in a professional and ethical manner consistent with the goals of this Association. Except for fee-sharing agreements between search firms, no member shall make payments of any kind to gain business referrals or to induce others into a relationship as a client or candidate. Members are strongly encouraged to bring to the attention of the Association any violation of this Code. Members shall not commence lawsuits against other members, but shall arbitrate any Business Dispute or Business Disputes (as defined in the by-laws of the Association) with other members arising out of their activities in the legal search profession in accordance with the by-laws of the Association. ARTICLE IV General No search firm shall make false or deceptive claims in any advertising, promotion or public relations materials. No member shall discriminate in the provision of its services on the basis of race, creed, color, national origin, religion, sex, marital status, handicap, age or any other legally proscribed criteria. Complaints under this Code shall be in writing, signed by the initiating party and filed with the President of the Association. Members shall cooperate with the Association’s investigation of alleged violations of this Code and shall abide by its decisions. Sanctions for violation of this Code, which include censure, suspension and expulsion from the Association, as well as procedures for hearings and appeals, are provided for in the Association’s Bylaws. This Code neither supersedes nor replaces the requirements of local, state, or federal laws. Prime Headhunting & Recruiting, Inc. (800) 722-9214 Page 4 727 METHODOLOGY AND APPROACH Many of our clients continue to use our services because of our forward-thinking, engaged communication, contemporary approach, and our commitment to excellence. Our modern philosophy ensures thorough, thoughtful and strategic sourcing, evaluation, selection, and vetting of candidates. We are responsible for ensuring compliance, adherence to and maintaining all documentation throughout the process. Our comprehensive candidate submission profiles contain the recruiter's write-up (an original composed summary) and the candidate's resume. This will ensure the hiring manager has a clear understanding of who the candidate is, as well as their professional background and qualification. Our effort will include a variety of activities designed to build the best available candidate pool. In coordination with the City of Boynton Beach, Prime Headhunting & Recruiting, Inc., will: Passive candidate outreach - we will email invitations to targeted individuals in comparable organizations at the appropriate level. Advertisements - we will place advertisements on the appropriate on-line job boards. Source/Identify prospects; Verify credentials; Provide each potential candidate with access to the full scope of the organization, and all of the pertinent position details; Capture interested candidates in our recruitment project database; Provide the City of Boynton Beach representative's with data to tell the full story of each presented applicant. THREEFOLD APPROACH 1.A recruiting specialist will identify and evaluate the top qualified candidates. Once identified, the specialist will ensure they are properly vetted and verified. 2.A senior recruiter will review the identified talent and confirm they are indeed a match, per opportunity. 3.Lastly, the President of the organization will then review the selected candidates to affirm our sourcing and screening methods have been successful which will solidify our rigorous process to ensure the right placement. Prime Headhunting & Recruiting, Inc., will advise the City of Boynton Beach on the qualifications of the candidates, develop a short list of qualified candidates recommended for final interviews. We will provide a written summary report from our interview process with the candidate(s) describing the overall candidate and the qualifications of those recommended for interview. Once the short list is presented, the City of Boynton Beach will advise on who will move forward in the process and interview with their hiring manager. We will plan, arrange, and manage all interviews in coordination with the City of Boynton Beach. Prime Headhunting & Recruiting, Inc. (800) 722-9214 Page 5 728 SCOPE OF THE PROJECT Executive Director Salary Range: DEPENDING ON QUALIFICATIONS: $140,000 - $210,000 Annually Prime Headhunting & Recruiting, Inc. (800) 722-9214 Page 6 TITLE: EXECUTIVE DIRECTOR REPORTS TO: BBCRA BOARD SALARY RANGE DEPENDING ON QUALIFICATIONS: $140,000 - $210,000 Annually 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. •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 (cont.) 729 Prime Headhunting & Recruiting, Inc. (800) 722-9214 Page 7 •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. •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 applicable 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. 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. (cont.) 730 Prime Headhunting & Recruiting, Inc. 722-9214(800) Page 8 •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. •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 applicable 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: 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 objects 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. (cont.) 731 Prime Headhunting & Recruiting, Inc. (800) 722-9214 Page 9 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. 732 TIME FRAME Our initial search and identification of prospective candidates is usually completed within one to six weeks. Our screening/interview process, leading to the presentation of a candidate short list, is also usually completed within one to six weeks. As such, most searches are completed within two to eight weeks. Final selection however, is dependent on both the clients and the candidate’s availability for interview and the client’s internal interview and decision-making process. The following is a typical schedule to conduct a thorough recruitment. However, we would be pleased to modify this to meet your needs: Projected Timeline: The City of Boynton Beach- Community Redevelopment Agency PHASE 1: Weeks 1 through 4: Initial client meeting; intake and advertise. Aggressive recruiting, vetting, preliminary interviews, presenting qualified candidates as we recruit, and scheduling selected candidates to interview with client. PHASE 2: Weeks 5 through 8: Second client check point; to evaluate our recruitment efforts and ensure we are presenting the ideal talent. Aggressive recruiting, vetting, preliminary interviews, presenting qualifies candidates as we recruit, and scheduling selected candidates to interview with client. Second round of interviews with the client. PHASE 3: Weeks 9 through 12: Third round of interviews with the client. Final selection of the top candidate. Finalize and complete any required professional reference and/or background checks as requested by the BBCRA for the final selected candidate. PHASE 4: Week 13: Present offer letter to selected candidate and assist with all on-boarding needs, per clients' direction. Prime Headhunting & Recruiting, Inc. (800) 722-9214 Page 10 733 COST PROPOSAL RETAINED SEARCH When partnering with us on a retained search capacity, consider us an extension of your organization actively headhunting candidates, per opportunity. Our retained search provides you with the highest level of urgency and commitment. This option provides thorough individualized recruiting for each position along with a team of dedicated recruiters actively engaged on your account. The fee for the entire search will be a flat-rate fee of $40,000.00 due and will be split into four even payments of $10,000.00 each. The total fee due for the project will be split into four payments made to Prime Headhunting & Recruiting, Inc. The first payment will be calculated as one fourth of the total fee. The second payment will be calculated as an additional fourth of the total fee. The third payment will be calculated as an additional fourth of the total fee. The final payment will be calculated as the remaining fourth of the total fee. FEE SCHEDULE Executive Director- BBCRA Position PHASE 1: Our first of four fee payments becomes due when the contract is executed (day 1 from execution of contract). Phase 1 payment due = $10,000.00 PHASE 2: Our second of four fee payments becomes due upon the completion of Phase 1: Week 4 (day 29 from execution of contract; the first day of Week 5). Phase 2 payment due = $10,000.00 PHASE 3: Our third of four fee payments becomes due upon the completion of Phase 2: Week 7 (day 57 from execution of contract; the first day of Week 8). Phase 3 payment due = $10,000.00 PHASE 4: Our fourth and final fee payment becomes due upon the completion of Phase 3: Week 12 (day 85 from execution of contract; the first day of Week 13) or upon a candidate’s acceptance of an offer of employment (whichever comes first). Phase 4 payment due = $10,000.00 Prime Headhunting & Recruiting, Inc. (800) 722-9214 Page 11 734 Prime Headhunting & Recruiting, Inc. (800) 722-9214 Page 12 GUARANTEE Prime Headhunting & Recruiting, Inc., is dedicated to providing premier services, as well as substantial guarantees of services rendered. We are committed to presenting only the most qualified candidates who not only meet all the necessary core requirements and qualifications but are also a cultural fit for the City of Boynton Beach. We proactively recruit for each search until a successful candidate is placed. Therefore, we promise to present a range of candidates to the City of Boynton Beach that includes only those individuals who have passed through our thorough screening process and have been identified as potential ideal matches for the position requirements. Should the City of Boynton Beach's Recruitment Team disapprove of all final candidates and/or should none of the final candidates be presented with an offer, we will work to find a new collective of candidates to present. In addition, we promise to conduct a one-time additional executive search to find a replacement should any of the placed applicants leave the position or be terminated from employment within 4 months (120 days) of hire due to performance issues. In either case, as described above, we will identify a replacement at no additional cost to you. CONFIDENTIALITY We understand that confidentiality is of the utmost importance when it comes to all things hiring-related. We also understand the potential sensitivity of job applicants’ information, especially when they are currently still employed and don’t want their employer to learn about their job search activities, or cases where job applicants potentially know each other. We will never share candidate information or application documents with any third parties. We will only contact job candidates’ current employers with their expressed permission (which we typically require during the final stage of our due diligence). 735 Executive Summary of Retained Search Services Executive Director September 2024 Transforming Companies One Leader at a Time736 2 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Finding the right executive to join your organization is one of the biggest strategic decisions a company might face. That’s why we believe in a hands-on, consultative approach where we listen to your needs to help you find a well-matched and highly skilled executive in 90* days or less. “Working with the team at Robert Half Executive Search was nothing but a pleasure.It was a positive experience on our end which resulted in the placement of a truly talented individual.Victor and his team were terrific in adapting the search criteria to fit our needs.” - Chief Executive Officer, National Consulting firm Robert Half Executive Search 737 3 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Let Experience Take the Lead Choosing the right leader is serious business Trust our Forbes-recognized retained executive search consultants to find the C-suite and senior management professionals who can lead your company forward - at home or across the globe. Successful engagements take sound judgement Our consultants are established business leaders who zero in on highly skilled candidates from their expansive industry networks. They’ll share our exclusive insights and market trends to help you make better-informed decisions. What you can accomplish by working with us: Build superior, diverse leadership teams, focusing on C-level and Director/VP-level roles. Expedite the hiring process and ultimately help find the best available executive match. 738 4 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. 75+ years in business. World’s First & Largest Specialized Staffing Firm. More than 325 offices globally $6.393 Billion in revenue. Fortune & S&P 500 Company A global network of 16,000 professionals Parent Company of Protiviti® Nationally and Internationally recognized by Forbes, Fortune and GPTW. Robert Half : (NYSE: RHI) Named #2 on America’s Best Executive Recruiting Firm by Forbes in 2023 * 7 consecutive years National Coverage with office locations across the United States 739 5 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Ethical, Committed, Best-in-Class: Our Accolades “America’s Best Executive Search Firms” Forbes 2023 *7 Consecutive Years “Best Temporary Staffing Firm” Forbes 2023 “Gender- Equality Index” Bloomberg 2023 “Best Places to Work for LGBTQ + Equality” – HRC 2022 “America’s Best Professional Recruiting Firms” Forbes 2023 “100 Best Companies to Work For 2023” Fortune “World’s Most Admired Companies” Fortune 2024 *27 Consecutive Years “Best Workplace for Women” Fortune 2023 “World’s Best Employers” Forbes 2022 “Best Employers for Women” Forbes 2023 “The Best Employers for Diversity” Forbes 2023 “America’s Best Large Employers” Forbes 2024 “100 Must Sustainable U.S. Companies” Barron’s 2023 World’s Best Companies- Time 2023 America’s Greatest Workplaces for Diversity – Newsweek 2023 “America’s Most Innovative Companies” Fortune 2023 “Companies that Care” People 2023 GPTW Certified 2023-2024 America’s Most Responsible Companies – Newsweek 2024 Greatest Workplaces for Women 2024 740 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. 6 Diversity, Equity & Inclusion At Robert Half, we believe that organizations who value and encourage the diversity of their employees, suppliers and customers will have a competitive advantage over others by having better access to, and understanding of, market segments as well as greater insights into consumer behavior to meet the needs of a diverse customer base. Robert Half seeks to identify qualified candidates, regardless of their sex, gender, race, religion or belief, pregnancy or maternity, ethnic or national origin, marital status, disability, age or sexual orientation. The resulting size and depth of our candidate research has commensurate benefits for our clients, who can have confidence in our ability to find the right candidate for the right job as effectively, efficiently and inclusively as possible. Robert Half is a signatory to the United Nations’ Global Compact (the world’s largest corporate sustainability initiative) and the United Nations’ Women’s Empowerment Principles (a joint initiative of the U.N. Global Compact and U.N. Women). Robert Half is also currently named as one of the ‘Best Places to Work for LGBTQ+ Equality’ in the Human Rights Campaign Foundation’s Corporate Equality Index and, in recognition of our commitment to advancing women in the workplace, Robert Half is equally proud to be part of Bloomberg’s 2023 Gender Equality Index. 741 7 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. External Alliances We cultivate external relationships and form alliances with organizations that drive engagement and increase opportunities for advancement. •American Institute of CPAs (AICPA) – Diversity Fund •Ascend Pan-Asian Leaders •Association of Latino Professionals For America •Hispanic National Bar Association •Minority Corporate Counsel Association •NABA Inc. Scholarships We further support the underrepresented communities that our alliances serve through scholarship programs. 742 8 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Areas of Specialization Finance and Accounting Operations Marketing and creative Information Technology Legal & Compliance Sales and Business development Executive Leadership Internal Audit & ERM 743 9 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Executive Hiring trends Succession Challenges Top of Mind •Protiviti® and North Carolina State University conducted a survey of 1300+ C-level executives and Board members regarding their views on macroeconomic, strategic and operational risks. The results highlighted a disruptive risk landscape over the next decade through 2032. •In the following table, highest-rated risk themes are ranked in order of priority to provide a context for understanding the most critical uncertainties companies face looking forward over the next decade. Sources:Robert Half 2022 C-Suite Survey (left) & Protiviti and North Carolina State University’s global survey of 1300+ board members and executives (right) 744 10 10 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Our Retained Search Methodology •Strategic context analysis •Position specification •Engagement strategy •Confidential discussions with key leaders •Transition planning Formation and Planning Execution and Recruitment •Candidate mapping and isolation •Outreach and screening •Functional assessment •Develop market intelligence Shortlist and Interviews •Identify shortlist •Leadership assessment •Written candidate profiling •Develop interview plan •Facilitation of interviews Selection and Feedback •Additional interviews •Client and candidate feedback •Selection •Formal references •Full due diligence •Facilitate offer 5 Onboarding and Closure •Closure with all parties •Implement transition plan •Client and candidate feedback Our customized, fully managed 5-step process is the key to identifying top talent for your organization. 43 2 1 745 11 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Sample Engagement Timeline The search will be accelerated where possible, without compromising the quality of delivery: •Update Meetings every week from Week 3 •Progress Reports every week from Week 3 •Shortlist established at Week 7 Target Events (Weeks) Kick Off Meeting Position Profile and Target Definition Candidate Outreach Update Meetings Progress Report on Search Robert Half Interviews Assessments Short -List Presentation Client Interviews Shortlist Additional Interviews with Finalist Candidate Candidate and Client Feedback Due Diligence Offer Process Search Completion 1 2 3 4 5 6 7 8 9 10 11 12 1 1 -3 3 -9 3 -11 3 -8 3 -8 7 -8 8 -10 9 -10 10-11 10 10-11 11-12 746 12 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Sample - Position Profile 747 13 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Sample - Progress Report 748 14 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Sample - Candidate Presentation 749 15 15 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Research Centric Approach to Search : Tailored to Your Search, Industry, Company & Role Targeted directories through alliances, conference lists and associations Tools for candidate sourcing, market intelligence, talent mapping and salary benchmarking Proprietary database with 2 decades of executive talent hand-selected by a nationwide team of researchers Access to the Robert Half network of 14,000+ global colleagues within our diversified practices Networking and referrals, leveraging the Robert Half brand 750 16 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Our Team : Dedicated to your Search Project As your primary contact, the Managing Director will create a cohesive position profile to lead their team, introduce verified candidates, and use their expertise to maximize engagement. Working in tandem with the Managing Director, the Principal or Associate sources and verifies candidate interest, qualifications, and fit for your position. Provides updated, comprehensive Progress Reports. Your Research Associate compiles relevant research and analysis, including candidate identification, market mapping, and unique information only provided by RH ES. Your search project is administrated by a dedicated Search Coordinator, focused on all scheduling, document preparation, and overall communication for the search duration. Our professional, experienced team will facilitate your search project, customizing to the individual needs and vision of your organization. Managing Director Principal/ Associate Research Associate Search Coordinator 751 17 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Fee Structure Fee Structure Terms and Payments Professional Fee Fee Percentage to Calculate Retainer Fee 25% 35% of Target Cash Compensation Retainer Payment Terms Upon execution of our agreement 1/4th of Retainer Fee + FAS* 30 days after execution of our agreement 1/4th of Retainer Fee 60 days after execution of our agreement 1/4th of Retainer Fee Upon Offer & Acceptance of the Candidate 1/4th plus Reconciliation RH ES requires the payment of a retainer fee for this Search Project. Our fee is typically thirty-five (35%) percent of the hired candidate’s total first year compensation (e.g., base salary, target bonus, sign-on bonuses, and any other components) (the “Fee”). However, for this search project we have reduced the fee to twenty-five (25%) percent. Additionally, we charge a fee for administrative services (FAS) that covers all administrative support costs, supplemental candidate research costs and any supplemental candidate databases along with verification of candidate education, license(s), and certification(s); specifically related to your search. This will be a fixed amount of $5,000. When the Search Project is completed, we will reconcile the amount of the Fee actually paid by you and the Fee due to us using the total first-year compensation including salary, target bonus, sign-on bonuses, and any other cash components. All details will be provided in a search engagement contract. RH ES will also provide a 6-month guarantee for this search. *FAS : Fee for Administrative Services/Professional Services Fee 752 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. 18 Victor is a Senior Managing Director with over 20 years of experience in business and consulting. He specializes in C -suite and senior-level retained search engagements across a range of industries and functional areas. Victor’s expertise includes search a nd placement for executive management, financial and accounting management, operations, sales and marketing, technology, and human resources. He conducts searches both domestically and internationally. Prior to joining Robert Half Executive Search, Victor was a Vice President in Robert Half’s Finance and Accounting permanent placement division in midtown Manhattan, where he recruited financial professionals for over a decade. As a senior member of the team, Victor specialized in placing top-level executives, including Chief Financial Officers, Chief Accounting Officers, Corpora te Controllers, Vice Presidents of Finance and Public Accounting Partners. Victor has been instrumental in building financial su pport teams for his clients, from entry-level positions to the CFO and Director of Audit, Finance, Tax and Treasury levels. During his tenure, Victor has established long-term, recurring business relations with his clients and candidates. His industry experience is diver se, and his clients are in professional services, hospitality, real estate management and development, publishing, digital media, tec hnology, hospitality, advertising, transportation, private equity, and nonprofit. Victor has worked with companies ranging from startu ps to Fortune 500 clients. Victor is an Ireland native who moved to South Africa, where he attended The University of South Africa and obtained a bachel or’s degree in accounting and finance. He worked as a trainee accountant with Spencer Steward, a BDO member headquartered in Johannesburg, South Africa. Upon completion of his degree and required public accounting experience, Victor traveled extensiv ely throughout Africa and Europe, as well as Central and South America. Upon his arrival in the United States, Victor obtained hi s CPA license. He still enjoys travelling and is a general aviation pilot. Victor’s LinkedIn profile can be found here Team Victor Neary, CPA SENIOR MANAGING DIRECTOR Direct:727.369.1682 Cell:917.741.4484 Victor.Neary@roberthalf.com St. Petersburg, FL Office 150 Second Avenue North, Suite 1120 St. Petersburg, FL 33701, USA AREAS OF EXPERTISE •Global Retained Executive Search •C-Suite Recruitment •Leadership &Management Consulting SAMPLE INDUSTRY EXPERTISE •Manufacturing •Information Technology •Non-Profit Organization •Financial Services EDUCATION •Certified Public Accountant •University of South Africa/Universiteit van Suid- Afrika – Bachelor of Commerce, Accounting and Finance •Garbally College, Ballinasloe, Co Galway, Ireland - Leaving Certificate 753 19 © 2024 Robert Half. This material is the confidential property of the Executive Search Practice Group of Robert Half. Copying or reproducing this material is prohibited. Team Christina Flessas, District Operations Manager/ESA Christina Flessas is an Executive Search Administrator working closely with Managing Directors, Principals and Associates. She is responsible for all coordination involving the engagement. She and her team are responsible for the successful delivery of all our search engagements as well as client and candidate scheduling. She is based in our Boston, MA office. James Parzynski, Senior Principal James Parzynski is a Senior Principal specializing in the identification and vetting of executive leaders and senior-level, functional management professionals in the following disciplines: executive management, financial management, operations management, sales and marketing, technology, healthcare, legal, and human resources. Based in the firm’s St. Petersburg, Florida office, James partners with our various Robert Half Executive Search Managing Directors and Principals, conducting searches throughout the United States and internationally. 754 © 2024 Robert Half Executive Search. This material is the confidential property of Robert Half Executive Search. Copying or r eproducing this material is prohibited. 20 THANK YOU 755 © 2024 Robert Half International Inc. All rights reserved. This material is the confidential property of Robert Half International Inc. Copying or reproducing this material is strictly prohibited. All violators shall be prosecuted to the fullest extent of the law. Robert Half International Inc. is an Equal Opportunity Employer September 11, 2024 Client Contact Name Title Client Name Address Address Dear Name: Thank you for retaining the Executive Search Practice Group of Robert Half International Inc. (“RH”), to assist you in identifying and selecting candidates for the position of Executive Director for Client Name (the “Search Project”). We are confident that you will benefit from the integrity and thoroughness of our work, and we are excited about working with you on this Search Project. Our Responsibilities Upon your acceptance of the terms outlined below, we will work with you to create a Position Profile that will summarize information about your organization, the position and its role in the organization, and the profile of your ideal candidate. This Position Profile is intended to document our mutual understanding of your needs for this Search Project and may be revised as the Search Project progresses. That document will be the basis for discussions with potential candidates about the Search Project. We will communicate with you regularly and provide Search Project status updates throughout the course of this engagement as we jointly work toward your final candidate choice. You will receive a candidate summary for each candidate we present to you, and we will coordinate the schedule(s) of the interview(s) when necessary. After the interview(s), we will give candidate feedback to you and your stakeholders regarding the results of the interview(s) and our suggested next steps with each candidate. We will conduct reference checks and document the results in a final Reference Report. Our reference checks consist of asking specific questions of selected references with regard to the facts of the candidate’s career history, to the extent such information is available from past employers. To the extent permitted by applicable law, Robert Half will have a third party vendor (i) perform a Social Security Verification and Trace, (ii) confirm any licensure or certification required for the position, to the extent such information may be verified, and (iii) verify the highest degree earned from a U.S. or Canadian college or university as indicated on the professional’s resume . If Client requests a copy of the results of the foregoing checks (the “Report”), Client agrees to keep the Report strictly confidential and to use the Report for employment purposes only. Client Responsibilities Your key responsibilities in this process include being timely and responsive in reviewing potential candidates with us, scheduling and interviewing candidates, providing substantive interview feedback, completing such reference checks or background investigations and due diligence as you deem necessary, and keeping us informed of any significant changes that may impact the position. All information from RH in regard to this Search Project must be kept confidential by you, shared only with those who are directly involved, and used solely for purposes of this Search Project in accordance with applicable law. Fees and Expenses Our fee is ordinarily thirty-five (35%) percent of the hired candidate’s total first -year compensation; however, for this Search Project, we have reduced our standard fee to twenty-five (25%) percent of the hired candidate’s total first-year compensation (e.g., base salary, target bonus, sign-on bonuses, and any other cash components) (the “Fee”). RH requires the payment of an initial retainer fee for this Search Project. For the Executive Director search, our initial retainer fee will be based on a projected compensation of $150,000. Thus, our initial retainer fee for this Search Project is $37,500. Additionally, for this Search Project will charge you a flat administrative fee of $5,000. The principal costs that make up these administrative fees include all administrative support, along with verification of candidate education, license(s), and certification(s); and supplemental candidate research costs and any supplemental candidate databases specifically related to your search. 756 © 2024 Robert Half International Inc. All rights reserved. This material is the confidential property of Robert Half International Inc. Copying or reproducing this material is strictly prohibited. All violators shall be prosecuted to the fullest extent of the law. Robert Half International Inc. is an Equal Opportunity Employer For your convenience, the initial retainer fee and administrative fee will be invoiced in four installments as follows: • Upon the execution of this letter agreement, the first installment of $14,375 will be invoiced ($9.375 first retainer installment, plus $5,000 administrative fee); • Thirty (30) days after your execution of this letter agreement, the second retainer installment of $9,375 will be invoiced; • Sixty (60) days after your execution of this letter agreement, the third retainer installment of $9,375 will be invoiced; and • Upon offer and acceptance of a candidate, the fourth retainer installment of $9,375 will be invoiced. If an individual accepts an offer of employment from you, or if you engage any individual as a consultant or contractor, the entire Fee shall become due and payable immediately regardless of whether you had prior knowledge of such individual or whether such individual was referred to you from another source. When the Search Project is completed, we will reconcile the amount of the Fee actually paid by you and the Fee due to us using the total first-year compensation including salary, target bonus, sign -on bonuses, and any other cash components. We will send you an invoice should the first -year compensation package exceed the projected compensation package used to establish the initial retainer fee. Should the candidate be employed at less than the projected compensation package used to establish the initial retainer fee, the Fee is then equal to the initial retainer fee and is deemed earned. Finally, we will invoice you for any direct expenses not paid by you. These expenses include, but are not limited to, RH consultant and candidate interview and travel-related costs. Payment of our retainer fee, and direct expenses is not contingent upon the placement of one of our candidates with you. Our invoices will include appropriate taxes, if applicable. All invoices are due upon receipt. Additional Search Completion(s) In the event you find more than one candidate from the candidates we have discussed with you in the course of the Search Project to whom you desire to offer employment, a fee of twenty-five (25%) percent of the candidate(s) total first-year compensation including salary, target bonus, sign-on bonuses, and any other components will be invoiced at the time of the individual's acceptance. Any candidate identified by RH during the progress of this Search Project and hired by Client Name, its successor, business unit, subsidiary, or affiliate within twenty -four months of our introduction will be considered an additional search completion. Guarantee If the original executive who RH places with you (the “Original Executive”) ceases to be employed by you for any reason except disability, death, reorganization, elimination of position, takeover, or material change in job responsibility, within six (6) months of their written acceptance date, RH will search for a replacement to fill the original position (a “Replacement Executive”). In the event the Replacement Executive’s total first -year cash compensation is more than the Original Executive’s first-year cash compensation, you agree to pay RH the difference between the Fee paid by you to RH for the Original Executive and the Fee due for the hired Replacement Executive, and you agree to pay any pre -approved expenses incurred by RH in seeking a Replacement Executive. If the hired Replacement Executive’s first year cash compensation is less than the Original Executive’s first-year cash compensation, the Replacement Executive’s Fee is equal to the Fee paid for the Original Executive and is deemed earned and paid. All references in this paragraph to “total first year cash compensation” shall include total first-year compensation including salary, target bonus, sign-on bonuses, and any other cash components. This guarantee applies only if (i) you have paid the total Fee, administrative fee, and any direct expenses for the initial search as provided in this letter agreement, and (ii) there has been no material change to th e original Position Profile. Limitation of Liability Language: Our liability to you, if any, will (in the aggregate for all claims, causes of action or damages regardless of the basis on which you are entitled to claim damages from us including fundamental breach, negligence, misrepresentation, or other contract or tort claim) be limited to any actual direct damages up to an amount equal to the fees actually paid by you to us for the services that are the subject of the claim. Under no circumstances are we liable for any special, incidental, exemplary, indirect, or consequential damages (including, but not limited to, lost business, profits, revenue, goodwill, or anticipated savings), even if informed of the possibility. Project Staffing Victor Neary will be the lead Senior Managing Director on the Client Name Search Project. Victor has a strong search background and has worked with diverse firms in executing their search and placement needs. Victor will be assisted on this search by the Principals and Associates at RH. 757 © 2024 Robert Half International Inc. All rights reserved. This material is the confidential property of Robert Half International Inc. Copying or reproducing this material is strictly prohibited. All violators shall be prosecuted to the fullest extent of the law. Robert Half International Inc. is an Equal Opportunity Employer Acknowledgement Please indicate your acceptance of these terms and conditions by signing and returning one copy of this letter agreement via email to Victor.Neary@Roberthalf.com as soon as possible. Please keep a copy for your records. If desired, we will forward an electronic signature version for your review and completion. As soon as we receive this signed letter agreement, your search project will commence. We truly appreciate your confidence in our ability to conduct this important Search Project with you and look forward to working with you. Agreed to this -- day of ----, 2024. ____________________________________________ _______________________________ Victor Neary of the Executive Search Practice Group of Client Signatory Name of Company Robert Half International Inc. 758 A PROPOSAL TO CONDUCT EXECUTIVE RECRUITMENT SERVICES FOR EEXXEECCUUTTIIVVEE DDIIRREECCTTOO RR ON BEHALF OF THE BBOOYYNNTTOONN BBEE AACCHH CCOO MM MM UUNNIITTYY RREEDDEEVVEELLOO PPMM EENNTT AAGGEENNCCYY ,, FFLLOORRIIDDAA S. REN ÉE NARLOCH, PRESIDENT 2910 Kerry Forest Pkwy D4-242, Tallahassee, FL 32309 P 850.391.0000 info@srnsearch.com www.srnsearch.com 759 2910 Kerry Forest Pkwy D4-242, Tallahassee, FL 32309 T 850.391.0000 December 17, 2024 Ms. Vicki Curfman Administrative Assistant Boynton Beach Community Redevelopment Agency 100 E Ocean Ave, 4th Floor Boynton Beach, FL 33435 Dear Ms. Curfman: We appreciate the opportunity to provide the Boynton Beach Community Redevelopment Agency with a proposal to conduct a search for the position of Executive Director. Our proposal includes an overview of our qualifications and costs related to our services. With respect to th is recruitment for the Boynton Beach Community Redevelopment Agency , you should know: S. Renée Narloch & Associates has extensive experience conducting quality searches that result in the placement of candidates ideally suited to clients ’ needs. S. Renée Narloch & Associates is incorporated in Florida and is a small, woman -owned business. For many years, Ms. Narloch, President, served as the Senior Vice President of Recruitment for a nation al public sector consulting firm, responsible for recruitments in 40+ states. Her career in public sector recruitment spans over 25 years, during which time she has participated in hundreds of public sector searches nationwide. S. Renée Narloch & Associates is currently conducting recruitments on behalf of Seminole County, FL (Utilities Director; Building Official); Franklin County, OH (Appraisal Director); City of Sugar Land, TX (Controller); and the City of West Palm Beach, FL (Traffic Engineer). Ms. S. Renée Narloch, President, has extensive experience conducting public sector executive recruitments throughout the nation, including more than 400 searches for clients such as the TOHO Water Authority , FL (Executive Director; General Counsel); Western Reserve Transit Authority (WRTA), OH (Executive Director ); Housing Authority of the City of Laredo (LHA), TX (Executive Director); Children’s Board of Hillsborough C ounty, FL (Executive Director); Florida Public Transportation Association (Executive Director); City of Delray Beach, FL (City Attorney); City of Dania Beach, FL (City Manager); City of Coral Springs, FL (City Manager ; Deputy City Manager (2 positions); Director of Economic Development ; Director of Financial Services ); City of West Palm Beach, FL (Director of Public Utilities; Director of Engineering Services); City of Boca Raton, FL (Building Official; Deputy Financial Services Director; Director of Human Resources; Risk Manager ); City of Fort Lauderdale, FL (City Manager; Assistant City Manager ; 760 2910 Kerry Forest Pkwy D4-242, Tallahassee, FL 32309 T 850.391.0000 Building Official; City Attorney; Deputy Director of Human Resources; Director of Sustainable Development); City of Cape Coral, FL (City Attorney ; Public Works Director ); International Association of Campus Law Enforcement Admin (IACLEA), MD (Executive Director); Workforce Development Board (WDB), OH (Executive Director/CEO); Portsmouth Redevelopment and Housing Authority (PRHA), VA (Executive Director ); Louisiana Housing Corporation, LA (Executive Director); New Orleans Redevelopment Authority, LA (Executive Director); and many others. Ms. Narloch will conduct the recruitment for the Executive Director for the Boynton Beach Community Redevelopment Agency . A sample of past clients is included in our proposal (Clients, Page 7). S. Ren ée Narloch & Associates has highly trained staff, a vast network of contacts and professional affiliations in public sector management, and a proven recruitment process tailored to our clients’ needs, which will result in a quality pool of candidates. Thank you for your consideration . Please do not hesitate to contact us at 850 .391.0000 should you have questions or need additional information . Sincerely, S. Renée Narloch, President 761 TABLE OF CONTENTS ABOUT US ________________________________________________________ 1 O UR UNDERSTANDING OF THE REQUESTED S ERVICES ..................................................... 1 PRIMARY C ONTACT .................................................................................................................................................. 1 OUR FIRM HISTORY AND E XPERIENCE .................................................................................................. 1 SMALL BUSINESS/MINORITY B USINESS ................................................................................................ 2 STATEMENT OF PROFESSIONAL S TANDARDS ............................................................................. 2 OUR RECRUITMENT PROCESS ___________________________________ 3 DEVELOPING THE CANDIDATE P ROFILE ............................................................................................. 3 ADVERTISING CAMPAIGN AND R ECRUITMENT BROCHURE ....................................... 3 RECRUITING CANDIDATES ................................................................................................................................. 3 SCREENING C ANDIDATES ................................................................................................................................ 4 PRELIMINARY INTERVIEWS ................................................................................................................................... 4 PUBLIC RECORDS SEARCH ................................................................................................................................. 4 RECOMMENDATIONS ........................................................................................................................................... 4 FINAL INTERVIEWS ........................................................................................................................................................ 4 BACKGROUND CHECKS /DETAILED REFERENCE C HECKS .............................................. 5 NEGOTIATIONS ............................................................................................................................................................. 5 COMPLETE ADMINISTRATIVE A SSISTANCE ..................................................................................... 5 THE TEAM ________________________________________________________ 6 S. RENÉE NARLOCH , PRESIDENT ................................................................................................................... 6 ELLIOTT S. PERVINICH, VICE PRESIDENT ................................................................................................. 6 LIANA VELEZ THOMPSON , SENIOR CONSULTANT................................................................. 6 CLIENTS/REFERENCES ___________________________________________ 7 CLIENTS.................................................................................................................................................................................... 7 REFERENCES ....................................................................................................................................................................... 9 COST PROPOSAL ______________________________________________ 10 PROFESSIONAL FEE AND E XPENSES .................................................................................................. 10 CANDIDATE T RAVEL ............................................................................................................................................. 10 PAYMENT ......................................................................................................................................................................... 10 G UARANTEE .................................................................................................................................................................. 10 SCHEDULE ........................................................................................................................................................................ 11 762 S. RENÉE N ARLOCH & ASSOCIATES A BOUT US PAGE 1 OUR UNDERSTANDING OF THE REQUESTED SERVICES S. Renée Narloch & Associates is highly qualified to assist the Boynton Beach Community Redevelopment Agency (BBCRA) in the recruitment of the new Executive Director . We have extensive experience providing recruitment services, ranging from the initial contact with candidates to the successful hiring and placement of candidates. We are able to successfully manag e all aspects of the recruitment process . We will work closely with the BBCRA to protect the integrity of the recruitment and to ensure a successful outcome. The BBCRA can be assured we will place a high priority on this recruitment, and our dedicated staff will provide their full attention throughout the entire recruitment process. Our recruiters have serviced hundreds of public sector clients, and we understand the importance of an objective and thorough process. PRIMARY CONTACT Ms. S. Renée Narloch, President, will conduct the Executive Director recruitment for the Boynton Beach Community Redevelopment Agency . Her contact information is as follows: S. Renée Narloch, President 2910 Kerry Forest Pkwy D4 -242 Tallahassee, FL 32309 P: 850.391.0000 Email: reneen @srnsearch.com Website: www.srnsearch.com OUR FIRM HISTORY AND EXPERIENCE S. Renée Narloch & Associates’ recruiters are known throughout the industry as leading public sector recruiters by both clients and candidates. We have a reputation for conducting quality searches that result in the placement of candidates ideally suited to meet our clients’ needs. We pride ourselves on our responsiveness to clients and candidates , and we assure the Boynton Beach Community Redevelopment Agency that the highest caliber of service will be provided throughout the recruitment process. S. Renée N arloch & Associates is incorporated in the State of Florida and is a small, woman-owned business. For many years, Ms. Narloch served as the Senior Vice President of Recruitment for a national public sector consulting firm. He r career in public sector recruitment spans over 25 years , during which time she has participated in hundreds of public sector searches nationwide. In addition, our firm is comprised of individuals who are highly trained and experienced in the recruitment of public sector executives . The office of S. Renée Narloch & Associates is in Tallahassee, Florida. S. Renée Narloch & Associates is currently conducting recruitments on behalf of Seminole County, FL (Utilities Director; Building Official); Franklin County, OH (Appraisal Director); City of Sugar Land, TX (Controller); and the City of West Palm Beach, FL (Traffic Engineer). ABOUT US 763 S. RENÉE N ARLOCH & ASSOCIATES A BOUT US PAGE 2 Ms. S. Renée Narloch, President, has extensive experience conducting public sector executive recruitments throughout the nation, including more than 400 searches for clients such as the TOHO Water Authority, FL (Executive Director; General Counsel); Western Reserve Transit Authority (WRTA), OH (Executive Director ); Housing Authority of the City of Laredo (LHA), TX (Executive Director); Children’s Board of Hillsborough C ounty, FL (Executive Director); Florida Public Transportation Association (Executive Director); City of Delray Beach, FL (City Attorney); City of Dania Beach, FL (City Manager); City of Coral Springs, FL (City Manager; Deputy City Manager (2 positions); Director of Economic Development ; Director of Financial Services); City of West Palm Beach, FL (Director of Public Utilities; Director of Engineering Services); City of Boca Raton, FL (Building Official ; Deputy Financial Services Director; Director of Human Resources; Risk Manager ); City of Fort Lauderdale, FL (City Manager; Assistant City Manager ; Building Official; City Attorney; Deputy Director of Human Resources ; Director of Sustainable Development ); City of Cape Coral, FL (City Attorney ; Public Works Director ); International Association of Campus Law Enforcement Admin (IACLEA), MD (Executive Director ); Workforce Development Board (WDB), OH (Executive Director/CEO ); Portsmouth Redevelopment and Housing Authority (PRHA), VA (Executive Director); Louisiana Housing Corporation, LA (Executive Director); New Orleans Redevelopment Authority, LA (Executive Director); and many others. Ms. Narloch will conduct the recruitment for the Executive Director for the Boynton Beach Community Redevelopment Agency . She will be assisted by other senior staff members, as outlined in this proposal (The Team, Page 6). A sample of past clients is included in our proposal (Clients, Page 7). We maintain a database of potential candidates, and our vast network of contacts and resources will be invaluable in identifying outstanding candidates, including those who may not be currently looking for opportunities. Our experience, combined with our proven recruitment process, expansive network of contacts, and knowledge of outstanding candidates , will ensure the Boynton Beach Community Redevelopment Agency has a quality group of finalists from which to select the new Executive Director . SMALL BUSINESS/MINORITY BUSINESS S. Renée Narloch & Associates is , by federal and state guidelines , considered a small, woman -owned business based on the size of our firm, our annual business earnings , and the percentage of ownership held (100%) by a woman /minority. STATEMENT OF PROFESSIONAL STANDARDS S. Renée Narloch & Associates believes in sound and ethical business practices. We understand that confidence and respect are imperative to our success. Our services to clients and candidates involve relationships that depend on good faith efforts. We conduct business forthrightly with no intentional misrepresentations, which could mislead clients or candidates. We refrain from using any sourcing techniques that involve deception or falsehood and do not engage in activities that violate antitrust laws. Communication between us, our clients, and candidates is impartial and accurate . We make a concerted effort to see that the position, our clients, and candidates are represented honestly and factually. We honor the confidentiality of proprietary information received from clients and candidates and will disclose any knowledge of potential conflicts of interest to client agencies and candidates. 764 S. RENÉE N ARLOCH & ASSOCIATES O UR RECRUITMENT PROCESS PAGE 3 OUR RECRUITMENT PROCESS S. Renée Narloch & Associates ’ unique, client-driven approach to executive search will ensure that the Boynton Beach Community Redevelopment Agency has a pool of high-quality candidates from which to select the new Executive Director . Outlined below are the services we provide in our recruitment process. DEVELOPING THE CANDIDATE PROFILE Our understanding of the BBCRA’s requirements will be the foundation of a successful search. We will work directly with the BBCRA Board, staff, and others involved in the process in order to learn as much as possible about what the organization expects of a new Executive Director. We can also meet with other key staff or community members to ga ther information . We want to learn about the values and culture of the organization, as well as understand the current issues, challenges , and opportunities that face the Boynton Beach Community Redevelopment Agency . We also want to be fully acquainted with the BBCRA’s expectations regarding the knowledge, skills , and abilities sought in the ideal candidate, and we will work with your organization to identify expectations regarding education and experience. Additionally, we want to discuss expectations regarding compensation and other items necessary to complete the successful appointment of the ideal candidate. As part of this process, we will provide an evaluation of the compensation and benefits of the Executive Director position. Based on these discussions, we will develop a profile that addres ses the responsibilities, core competencies and professional characteristics and traits, education and training, operational and organization al issues, and other factors relevant to this position. The profile that we develop together at this stage will guide our recruitment efforts. ADVERTISING C AMPAIGN AND RECRUITMENT BROCHURE After gaining an understanding of the BBCRA’s needs, we will design an effective advertising campaign that is appropriate for the recruitment. We will focus on professional journals that are specifically suited to the Executive Director search, such as NAHRO, utilizing venues that will ensure a diverse pool of applicants , including qualified minority and women candidates . We will also utilize social media and will develop a professional recruitment brochure on the BBCRA’s behalf that will discuss the community, organization, position , and compensation. Once completed, we will mail the brochure to an extensive audience, making them aware of the exciting opportunity with the Boynton Beach Community Redevelopment Agency . RECRUITING CANDIDATES After cross-referencing the profile of the ideal candidate with our database of thousands of candidates and our contacts in the field, we will conduct an aggressive outreach effort that includes making personal calls to prospective applicants in order to identify and recruit outstanding candidates, including qualified minority and women candidates . We realize that the best candidate is often not looking for a new job , and this is the person that we actively pursue to become a candidate. Aggressively marketing the Executive Director position to prospective candidates will be essential to the success of the search. 765 S. RENÉE N ARLOCH & ASSOCIATES O UR RECRUITMENT PROCESS PAGE 4 SCREENING CANDIDATES Following the closing date for the recruitment, we will screen all resumes and cover letters using the criteria established in our initial meetings to narrow the field of candidates. PRELIMINARY INTERVIEWS We will conduct preliminary interviews with the top 10 to 12 candidates in order to determine which candidates have the greatest potential to succeed in your organization. During the interviews, we will explore each candidate’s background and experience as it pertains to the Executive Director position. In addition, we will discuss the candidate’s motivation for applying for the position and make an assessment of his/her knowledge, skills , and abilities. We will devote specific attention to determining the likelihood of the candidate’s acceptance of the position if an of fer of employment is made. PUBLIC RECORDS SEARCH Following the interviews, we will conduct a review of published articles that reference each candidate. Various sources will be consulted , including Lexis-Nexis™, a newspaper/magazine search engine, Google, and local papers from the communities in which the candidates have worked. This brings to our attention any further detailed inquiries that we may need to make at this time. RECOMMENDATIONS Based on the information gathered through meetings with your organization and preliminary interviews with candidates, we will typically recommend three to five candidates for your consideration. We will prepare a report on each candidate that focuses on the results of our interviews and public record searches , to include detailed information pertaining to the candidates’ professional experiences and accomplishments, strengths and potential gaps, and background information. We will make specific recommendations, but the final selection of those to be considered will be up to you. FINAL INTERVIEWS Our years of experience will be invaluable as we help you to develop an interview process that objectively assesses the qualifications of each candidate. We will adopt an approach that fits your needs, whether it is a traditional interview, multiple interview panel , or assessment center process. We will provide you with suggested interview questions and rating forms, and we will be present at the interviews to facilitate the process. Our expertise lies in facilitating the discussion that can bring about a consensus regarding the final candidates . We will work closely with your staff to coordinate and schedule interviews and candidate travel. Our goal is to ensure that each candidate has a very positive experience since the manner in which the entire process is conducted will have an effec t on the candidates’ perception of your organization. 766 S. RENÉE N ARLOCH & ASSOCIATES O UR RECRUITMENT PROCESS PAGE 5 BACKGROUND CHECKS/DETAILED REFERENCE CHECKS Based on final interviews, we will conduct a credit, criminal, civil litigation, and motor vehicle record checks for the top one to three candidates. In addition, those candidates will be the subjects of detailed, confidential reference checks. In order to gain an accurate and honest appraisal of the candidates’ strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. We will ask candidates to provide the names of their supervisors, subordinates , and peers for the past several years. Additionally, we will make a point of speaking confidentially to individuals known to have insight into a candidate’s abilities, but who may not be on his/her preferred list of contacts. At this stage in the recruitment, we will also verify candidates’ educational backgrounds and any required certifications . NEGOTIATIONS We recognize the critical importance of successful negotiations and can serve as your representative during this process. Our experience provides us with insight into current industry standards and expectations in negotiating c ontracts, and we will be available to advise you regarding current approaches to difficult issues such as housing and relocation. Working to secure the appointment of your chosen candidate, we will represent your interests and advise you regarding salary, benefits , and employment agreements. We have the expertise to turn a very sensitive aspect of the recruitment into one that is viewed positively by both you and the candidate. COMPLETE ADMINISTRATIVE ASSISTANCE Throughout the recruitment, we will provide the BBCRA with updates on the status of the searc h, and we will provide a schedule for actions and deliverables at the beginning of the process. We will also take care of all administrative details on your behalf. Candidates will receive personal correspondence advising them of their status at each critical point during the recruitment. In addition, we will respond to inquiries about the status of their candidacy within 24 hours. Every administrative detail will receive our attention. 767 S. RENÉE N ARLOCH & ASSOCIATES THE TEAM P AGE 6 THE TEAM Our staff at S. Renée Narloch & Associates is comprised of a diverse group of individuals who have extensive experience in the recruitment of public sector executives. The team assigned to the Executive Director search will include Ms. Narloch , who will be the lead consultant, with assistance from Mr. Elliott Pervinich and Ms. Liana Velez Thompson . S. RENÉE NARLOCH , PRESIDENT Ms. Narloch is the President of S. Renée Narloch & Associates and the Director of our office located in Tallahassee, Florida. She is recognized as one of the nation’s leading public sector recruiters. She has more than 25 years of experience conducting public sector recruitments and has participated in more than 400 searches nationwide. Prior to forming S. Renée Narloch & Associates, Ms. Narloch spent ten years as the Senior Vice President of a public sector executive search firm with responsibilities for clients in 40 states from Texas northward to the East Coast. She also previously served as a Senior Recruiter with DMG and MAXIMUS with sole responsibility for the firm’s executive search practice in the Southeastern, Mid-Atlantic, and Mid-Western states. Ms. Narloch is considered an expert in public sector recruitment and is often a guest speaker at the International City/County Management Association (ICMA) Annual Conference. Ms. Narloch received her Bachelor of Science degree in Information Studies, summa cum laude, from Florida State University, Tallahassee, Florida. ELLIOTT S. PERVINICH , VICE PRESIDENT Mr. Pervinich is the Vice President of S. Renée Narloch & Associates ’ office located in Tallahassee, Florida. He concentrates on client outreach and business operations. Mr. Pervinich previously worked for a local city government in central Texas as a team -building trainer and facilitator in corporate development, which has given him great insight into the needs of our clients. He has twelve years of experience working in executive administration in both the local government and the for-profit sectors. Mr. Pervinich received his Bachelor of Science degree in Recreation and Leisure Services Administration from Florida State University, Tallahassee, Florida. LIANA VELEZ THOMPSON , SENIOR CONSULTANT As a Senior Consultant with S. Renée Narloch & Associates, Ms. Thompson is responsible for research, candidate recruitment, screening, reference checks, and background verifications. She focuses on client communication and works closely with clients to coordinate candidate outreach and ensure a successful search. Prior to joining S. Renée Narloch & Associates, Ms. Thompson spent several years in the field of special education . Ms. Thompson received her Bachelor of Arts degree, magna cum laude, and a Master of Special Education from Florida State University, Tallahassee, Florida. 768 S. RENÉE N ARLOCH & ASSOCIATES C LIENTS/REFERENCES PAGE 7 CLIENTS/REFERENCES CLIENTS S. Renée Narloch & Associates' recruiters have extensive experience, placing more than 400 public sector professionals . Below is a list of some of the clients for which Ms. Narloch has recruited in the last few years. For a complete client list, please contact us . Children’s Board of Hillsborough County, FL Executive Director Florida Public Transportation Association Executive Director TOHO Water Authority, FL Executive Director; General Counsel Housing Authority of the City of Laredo (LHA), TX Executive Director City of West Palm Beach, FL Director of Public Utilities; Director of Engineering Services City of Delray Beach, FL City Attorney City of Dania Beach, FL City Manager City of Coral Springs, FL City Manager; Director of Economic Development; Deputy City Manager (2 positions); Director of Finance; Police Chief City of Coconut Creek, FL City Attorney City of Cape Coral, FL Public Works Director ; City Attorney City of Boca Raton, FL Building Official; Risk Manager City of Fort Lauderdale, FL City Manager; Assistant City Manager; Building Official; City Attorney; Director of Sustainable Development; Deputy Director of Human Resources City of Miami Beach, FL City Manager International Association of Campus Law Enforcement Administrators (IACLEA), MD Executive Director Western Reserve Transit Authority, OH Executive Director Workforce Development Board (WDB), OH Executive Director/CEO Portsmouth Redevelopment & Housing Authority (PRHA), VA Executive Director Louisiana Housing Corporation, LA Executive Director New Orleans Redevelopment Authority, LA Executive Director Seminole County, FL County Manager; County Attorney City of Port St. Lucie, FL City Attorney City of Safety Harbor , FL City Manager City of St. Pete Beach, FL City Manager; Building Official City of Dunedin, FL Community Development Director; Communications Director; City Manager; Finance Director; City Clerk City of Hallandale Beach, FL Comptroller City of Tallahassee, FL City Manager; Human Resource Director; Fire Chief; Director of Airport; Assistant General Manager - Underground Utilities & Public Infrastructure (Engineering Division) City of Quincy, FL Finance Director City of Margate, FL City Attorney; Director of Environmental and Engineering Services City of Gainesville, FL City Attorney; City Auditor; Chief Plans Examiner; Building Inspector; Planner IV Orange County, FL Chief of Corrections City of St. Cloud, FL IT Director; Environmental Utilities Director; Human Resources & Risk Management Director; Police Chief Early Learning Coalition of Broward County, FL Chief Executive Officer Consolidated Dispatch Agency (Tallahassee), FL Director SOS Children’s Villages – Florida Chief Executive Officer Pinellas Suncoast Transit Authority (PSTA), FL Chief Financial Officer Sebring Airport Authority (SAA), FL Airport Manager Community Coordinated Care for Children, FL Chief Officer of Education 769 S. RENÉE N ARLOCH & ASSOCIATES C LIENTS/REFERENCES PAGE 8 Palm Beach County, FL County Administrator; Director of Capital Improvements Broward County, FL Assistant Director of Economic & Small Business Development; County Attorney; Port Everglades Chief Executive/Port Director; Port Everglades Director of Business Development Leon County (Tallahassee), FL Building Official Alachua County, FL County Manager Sumter County, FL Public Works Director; Fire Chief; Development Services Director; Assistant Public Works Director Engineer; Staff Engineer Pasco County, FL County Manager Lee County, FL County Manager; County Attorney Collier County, FL Director of Facilities Management Hillsborough County, FL Director of Head Start; Affordable Housing Services Director; County Administrato r Miami-Dade County, FL Public Housing and Community Development Director of Public Housing Division; PHCD Development Director; RAD Program Manager; Housing Choice Voucher Division Director City of Thomasville, GA City Manager; Assistant City Manager; City Engineer City of Alpharetta, GA Director of Economic Development Housing Authority of the City of Tulsa, OK President/CEO; VP/CFO Sedgwick County, KS County Manager; Health Department Director; Director of Human Resources Johnson County, KS County Auditor; County Appraiser; Chief Legal Counsel City of Wichita, KS Director of Law; Director of Housing & Community Services City of Topeka, KS City Manager; Administrative and Financial Services Director City of Washington, IL City Administrator City of Oak Creek, WI City Administrator City of Rye, NY City Manager City of Rochester, NY Fire Chief Rochester-Genesee Regional Transportation Authority (RGRTA), NY Chief Executive Officer (CEO) Centre Area Transportation Authority (CATA), PA Director of Transportation, Director of Finance, Data Analyst Metropolitan Washington Airports Authority, DC Vice President for Public Safety Wayne County, MI Deputy Chief Director of Personnel; Chief Deputy CFO Cincinnati Metropolitan Housing Authority (CMHA), OH Director of Accounting Franklin County, OH County Administrator; Animal Care & Control Services Director; Director of Job & Family Services Scott Consolidated Emergency Communications Center (Scott County, IA) Emergency Services Dispatch Director Greater Richmond Transit Co (GRTC), VA Chief Executive Officer City of Charlottesville, VA City Manager City of Virginia Beach, VA Deputy City Manager; Assistant Human Services Director City of Newport News, VA Fire Chief Alexandria Redevelopment and Housing Authority (ARHA), VA Chief Executive Officer Virginia Commonwealth University (VCU), Richmond, VA Police Chief York County, SC County Manager Town of Lake Lure, NC Town Manager; Project Manager City of Durham, NC Director of Technology Solutions Cumberland County, NC Assistant County Manager – Community Support Services; Human Resources Director Wake County, NC County Manager Person County, NC County Manager Durham County, NC Fire Marshal/City -County Emergency Management Director 770 S. RENÉE N ARLOCH & ASSOCIATES C LIENTS/REFERENCES PAGE 9 City of Sugar Land, TX Controller; Director of Finance; Assistant Director of Finance; Director of Budget & Strategy ; Director of Budget South Padre Island, TX Convention & Visitors Bureau Director Dallas County, TX Director of Human Resources Town of Addison, TX City Manager City of Baytown, TX Police Chief; Director of Public Affairs; City Attorney; Assistant City Manager Houston Housing Authority, TX President/CEO City of Arlington, TX Deputy City Manager; Parks & Recreation Director City of San Antonio, TX Assistant Finance Director - Procurement Pinellas County Sheriff’s Officer Human Resources Director Housing Authority of the City of Austin, TX Vice President/Chief Financial Officer; President/CEO City of Dallas, TX Assistant Director of Transportation Operations; Assistant Director of Water Utilities; City Manager; City Attorney; Managing Director of Environmental Quality; Assistant Director of Street Services (Maintenance) El Paso Water Utilities -Public Service Board, TX President/CEO Housing Authority of the City of Brownsville, TX Chief Executive Officer Opportunity Home San Antonio (formerly San Antonio Housing Authority), TX Chief Operating Officer; Chief Real Estate Officer; President and CEO; Director of Human Resources; Director of Federal Housing Programs; Director of Communications & Public Affairs Town of Landis, NC Town Manager Fort Worth Housing Authority, TX President/CEO REFERENCES Clients and candidates provide the best testament to our ability to conduct quality searches. Listed below are a few clients for whom Ms. Narloch has conducted searches. The average tenure of placements is approximately five years. CLIENT: Toho Water Authority (TWA), FL REFERENCE : Mr. Todd Swingle, Executive Director (321) 626-3148; tswingle@tohowater.com P OSITIONS : Executive Director; General Counsel CLIENT: Western Reserve Transit Authority (WRTA), OH REFERENCE : Mr. Dean Soroka, Director of Human Resources (330) 744-8431 ext 108; dsoroka@wrtaonline.com P OSITION : Executive Director CLIENT: The Housing Authority of the City of Laredo, TX (LHA) REFERENCE : Ms. Christy Ramos, Human Resource Manager (956) 722-4521, ext. 1201, christy@larha.org P OSITION : Executive Director 771 S. RENÉE N ARLOCH & ASSOCIATES C OST PROPOSAL PAGE 10 COST PROPOSAL PROFESSIONAL FEE AND EXPENSES The professional fee for conducting this recruitment on behalf of the Boynton Beach Community Redevelopment Agency is $24,500, plus actual expenses. Services covered by the fee consist of all steps outlined in this proposal, including up to three (3) onsite /video meetings . Expenses are estimated not to exceed $4,550 and include items such as the cost of consultant travel, clerical support, placement of ads, newspaper searches, education verification, as well as credit, criminal, and civil checks . In addition, postage, photocopying, and telephone charges are included and will be allocated. Expenses related to the use of audio/video conferencing equipment by the BBCRA for interviews and candidates’ travel for interviews are the responsibility of the Boynton Beach Community Redevelopment Agency . CANDIDATE TRAVEL With respect to candidate travel for interviews, we typically ask candidates to make their travel arrangements and advise them the BBCRA will reimburse them directly for reasonable airfare, hotel, and auto expenses if allowed . We advise candidates on what is standard and customary in the industry, as well as the BBCRA’s expectations and parameters regarding travel. Our experience has been that candidates use discretion and stay within reasonable limits both in pricing and scheduling. PAYMENT We will invoice the Boynton Beach Community Redevelopment Agency monthly for professional fees and expenses for services incurred as of the date of the invoice. We expect payment of the invoice within 30 days of receipt by the BBCRA. Typically, this results in three monthly invoices of 30% of professional fees and expenses, with a final invoice for the remaining ten percent of professional fees due upon the selection of the finalist. GUARANTEE We guarantee that , should the selected candidate be terminated for cause within the first year of employment, we will conduct the search again at no cost (with the exception of expenses) to the BBCRA. We are confident in our ability to recruit outstanding candidates and do not expect the BBCRA to find it necessary to exercise this provision. 772 S. RENÉE N ARLOCH & ASSOCIATES C OST PROPOSAL P AGE 11 SCHEDULE We are available to begin the search for the Executive Director immediately, and our current workload is such that we can ensure the BBCRA will receive our full attention throughout the entire recruitment process. We will be prepared to make our recommendation regarding finalists within 75 to 90 days from the start of the search. A standard recruitment can typically be completed in less than 16 weeks and follows an approach and schedule similar to the one below: WEEK TASK: 1 Conduct meeting s with the BBCRA Board, staff, and others involved in the process 2 Develop recruitment brochure and advertisements 3 BBCRA reviews recruitment brochure and advertisements 4 Recruitment brochure printed and advertisements placed 5 Active recruitment of candidates begins 9 Closing date 10 Screen resumes 11-12 Recruiter interviews top candidates 12-13 Public records search 14 Review recommendations with the BBCRA Board, staff, and others involved in the process 15 Candidates interview with the BBCRA, follow-up interviews, and consultant reference/background checks 16 Candidate selected 773 PROPOSAL TO PROVIDE EXECUTIVE RECRUITMENT SERVICES FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Volume I: Proposal Colin Baenziger & Associates Contact Person: Colin Baenziger (561) 707-3537 Colin Baenziger & Associates 2055 South Atlantic Avenue • Suite 504 Daytona Beach Shores, FL 32118 e-mail: Colin@cb-asso.com Fax: (888) 635-2430 …Serving Our Clients with a Personal Touch… 774 PROPOSAL TO PROVIDE EXECUTIVE SEARCH FIRM SERVICES TABLE OF CONTENTS SECTION PAGE LETTER OF INTEREST I. QUALIFICATIONS AND EXPERIENCE OF THE FIRM 3 The Firm Technical Capabilities and Organizational Structure Completion of Projects within Budget Completion of Projects on Schedule Diversity Prior Names and Litigation Insurance Overall Executive Search Experience II. PROPOSED WORK PLAN 7 Search Methodology The Agency’s Obligations Project Schedule III. PROPOSED PROJECT TEAM 15 Project Team and Involvement Resumes of Key Staff IV. REFERENCES 17 V. FEE AND WARRANTY 21 VOLUME II APPENDIX A: ALL GOVERNMENTAL SEARCH ASSIGNMENTS A-1 APPENDIX B: SAMPLE RECRUITMENT BROCHURE B-1 APPENDIX C: SAMPLE CANDIDATE REPORT C-1 APPENDIX D: RESOLUTION OF ST. JOHNS COUNTY, FL D-1 APPENDIX E: COMMENTS ON CB&A’S VETTING PROCESS E-1 775 DAYTONA BEACH SHORES, FL GRAND JUNCTION, CO PENSACOLA, FL OGDEN, UT December 19, 2024 The Honorable Mayor and Board Chair Ty Penserga, Vice Mayor and Board Vice Chair Aimee Kelley, and Board Members Angela Cruz, Woodrow Hay, and Thomas Turkin: Boynton Beach CRA 100 E. Ocean Avenue Boynton Beach, FL 33435 The Honorable Mayor and Board Chair Penserga, Vice Mayor and Board Vice Chair Kelley, and Board Members Cruz, Hay, and Turkin: Colin Baenziger & Associates (CB&A) would like to thank you for the opportunity to submit this proposal to assist in finding your next Executive Director. While selecting key personnel is never easy, CB&A has developed a problem-free process that has been tested across the country and found to be extremely effective. While CB&A is a nationwide municipal recruiting firm, our home base is Florida. In fact, we have been selected to perform 144 of the last 222 recruitments where a Florida city or county has chosen to use a recruiter to find its Manager / Administrator. We pride ourselves on providing not just high-quality results, but, equally important, providing a great deal of personal attention to each of our local government clients and candidates. To conduct a proper recruitment, we feel the project manager must do more than just drop by occasionally. He/she must get to know the elected officials and the community firsthand. That effort takes time, but it is the only way to ensure the candidates we recommend are well qualified and fit well with you and your community. As a result, we only take a few clients at a time and focus on completing each assignment in an exemplary manner. Further, we routinely complete our work in ninety days. This timeframe includes preparation of recruitment and advertising materials, candidate outreach, candidate screening, finalist interviewing, and selection. Finally, we offer one of the better warranties in the industry. Some of our Florida searches for Executive Directors / General Managers include Amelia Island Plantation Community Association, FL; Bartow Municipal Airport Development Authority, Bartow, FL; Emerald Coast Utilities Authority, Pensacola, FL; Holiday Park Recreation District, 776 DAYTONA BEACH SHORES, FL GRAND JUNCTION, CO PENSACOLA, FL OGDEN, UT FL; Ocean Reef Communication Association, Key Largo, FL; Lakewood Ranch Inter-District Authority, Manatee County, FL; Northern Palm Beach Improvement District, Palm Beach Gardens, FL; and Sun ‘n Lake Improvement District, FL. Some of our current searches include City Managers for Fruitland Park, FL, Juno Beach, FL, Longview, WA, Nome, AK, Sarasota, FL, and Seaside, CA; and an Assistant City Manager for Jacksonville, NC. Those authorized to bind the company are myself, Colin Baenziger, Vice President Scott Krim, and Senior Vice President for Operations Lynelle Klein. We look forward to formally presenting our credentials and working with you in the near future. If you have any questions, please feel free to contact me at (561) 707-3537. Sincerely, Colin Baenziger Principal / Owner …Serving Our Clients with a Personal Touch… 777 I. Qualifications and Experience of the Firm - 3 - The Firm, Its Philosophy, & Its Experience Colin Baenziger & Associates (CB&A) is a nationally recognized executive recruiting firm established in 1997 and owned and operated by Colin Baenziger. We are a sole proprietorship headquartered in Volusia County, FL with satellite offices in Grand Junction, CO, Live Oak, FL, Ogden, UT, and Pensacola, FL. As a sole proprietorship, we are not registered with any state as a corporation, foreign or otherwise. Colin Baenziger & Associates’ outstanding reputation is derived from our commitment to the quality of our product and the timeliness of the delivery. Further, our work is not done until you are fully satisfied. That means we go the extra mile and, at times, expend more effort and energy than originally anticipated in our action plan. When we do so, we do not ask for more than the originally quoted price. We feel you are hiring us as your experts and once a contract is signed, we have an obligation to fulfill its requirements with excellence, on time, and within budget. We simply do not believe in unforeseen circumstances. Since beginning our executive search practice in 1998, we have conducted searches for clients in thirty-five states. Overall, we have sought over 230 CEOs for cities, counties, and special districts. We have also conducted over 415 searches overall. The basic approach outlined herein has been refined to the point where it is problem-free. Technical Capabilities and Organizational Structure Colin Baenziger & Associates has developed its business model over the past 26 years, and it has proved to be extremely effective. Our work has focused primarily on Executive Search and our staff is extremely capable and experienced. See Section III for more details. The structure of our firm is outlined below. 778 I. Qualifications and Experience of the Firm (continued) - 4 - Completion of Projects within Budget Colin Baenziger & Associates is proud of its record of completing searches within budget. Once we quote a price to the client, that price is what the client will pay, no matter how difficult the search is or what circumstances may develop. We have never requested anything beyond the originally quoted price, even when we were probably entitled to do so, and we never will. Completion of Projects on Schedule Colin Baenziger & Associates routinely completes its assignments within ninety days. Further, since CB&A began performing recruitments, it has never missed a significant project milestone. Diversity CB&A has extensive contacts with individuals and organizations representing women and minorities. We are thus able to identify and bring a diverse group of finalists to the Agency. The proof is that since 2012, 38% of the candidates selected as semi-finalists have been females and/or minorities. Some years have been as high as 52%. Prior Names and Litigation Colin Baenziger & Associates has always operated under its current name and has never been involved in any litigation, except to testify as an expert witness on behalf of one of the parties. Our performance has never been questioned nor have we or any of our clients been involved in any legal action as a result of our work. Insurance To protect our clients, Colin Baenziger & Associates maintains the following insurance coverages: (1) general liability insurance of $2 million combined single limit per occurrence for bodily injury, personal injury, and property damages, (2) automobile liability insurance of $1 million per accident, and (3) professional liability insurance of $1 million per occurrence and $2 million aggregate. Further, we carry the required workers compensation insurance for all our employees. 779 I. Qualifications and Experience of the Firm (continued) - 5 - Geographic Reach Since initiating its search function in 1998, CB&A has become a nationwide recruiting firm. We have conducted searches in 35 states, see Figure I below. A complete list of our searches can be found in Appendix A. Figure I: We have served clients in the states highlighted in blue. 780 - 6 - 781 II. Proposed Work Plan - 7 - The following search methodology has been refined over the past twenty-six years and is virtually foolproof. That said, we will integrate any ideas you have into the process to the extent possible. Our goal is to ensure you have the right people to interview as well as all the information you need to make the right decision. Phase I: Information Gathering / Needs Assessment / Brochure Preparation Task One: Needs Assessment An important part of the recruiter’s work is selling the community to the very best candidates (including those who are not actively looking for the next job) while providing an honest portrayal of the community and the opportunity. As such, CB&A must first determine the needs of the client and the characteristics of the ideal candidate. Our approach is as follows: • Gather information from the jurisdiction, its website and other sources; • Interview the elected body and other key parties (such as City and Agency staff). Our goal is to develop a strong sense of your organization, its leadership, its short- and long-term expectations, and its challenges; • Determine the characteristics of the ideal candidate. These will include experience, longevity, education, personality, demeanor, skills, and achievements as well as other items you and the community consider important; • Determine a reasonable compensation package; and • Finalize the timeline with the Board so both the elected body and the candidates will know when the interviews will be held and when they need to be available. If the Board wishes, we will gladly incorporate meetings with other stakeholders (such as the business community, non-profit organizations, the religious community, and so on) to gather their insights. We can also solicit the input of your residents through an on-line survey. Task Two: Develop Position Description and Recruitment Materials Based on the information we gather; CB&A will next develop a comprehensive recruitment profile for your review. We will then incorporate any additional suggestions you may have and finalize the document. A sample profile is included as Appendix B. Other examples can be found on our firm’s website under the “Executive Recruitments” / “Active Recruitments” tabs. 782 II. Proposed Work Plan (Continued) - 8 - Phase II: Recruitment Task Three: Recruit Candidates CB&A uses a number of approaches to identify the right people for your position. We say people (and not person) because our goal is to provide you with four to six outstanding semi-finalists. You then select the top three to five people to interview and ultimately choose the candidate who is the best fit with you and your community. The approaches we use are: • Networking: The best approach is diligent outreach. We will network with potential candidates and consult our database of government professionals. Being well established in Florida, we know whom we should contact. As we identify outstanding candidates (many of whom are not in the market), we will approach them and request that they apply. Often excellent candidates are reluctant to respond to advertisements because doing so may alienate their current employers. • Advertising: While we will network to find the best, we will not ignore professional organizations and trade press which sometimes yield strong candidates. These might include the National Community Development Association, International City/County Management Association, related state associations, LinkedIn, the National Association of Cities, and sites aimed as female and minority candidates. • CB&A Website: We will also post the recruitment on our website, www.cb-asso.com. With our reputation, many candidates consult it regularly. • Email: We will e-mail the recruitment profile through our listserv of over fourteen thousand managers and professionals who are interested in local government management positions. One of the advantages of e-mail is that if the recipient is not interested, he/she can easily forward the recruitment profile to someone else who may be interested. We generally do not use local newspapers, national newspapers, or generic websites because while they produce large numbers of applications, they generally do not produce the caliber of candidates we are seeking. If the Agency wants to have ads placed in these venues, it will need to bear the cost. Phase III: Screening and Finalist Selection Task Four: Evaluate the Candidates Based on our most recent recruiting efforts, we anticipate receiving resumes from forty to sixty applicants. We will use the information we developed in Phase I to narrow the field. Selecting strong candidates is, in reality, more of an art than a science and a mixture of in-depth research and subjective evaluation. While we consider standard ranking factors and the elements of the job, ultimately the most important factor is who we believe will be an outstanding fit with the Agency and the community as your next Executive Director. 783 II. Proposed Work Plan (Continued) - 9 - Specifically, our efforts will involve: Step One. Resume Review. CB&A will evaluate all resumes and identify the eight to fifteen candidates of the highest quality. Step Two. Screening Interview. Our lead recruiters, and possibly other senior representatives of the firm, will interview each of the top candidates. Using what we learned in Phase I and our experience as managers and recruiters, as well as our unique ability to assess candidates, we will determine whether to consider each candidate further. Step Three. Evaluate the Best Candidates. We will conduct thorough research into the backgrounds of the best six to twelve candidates. Specifically, CB&A will: • Ask the Candidates to Prepare a Written Introduction: We will ask the candidates to answer a series of questions about themselves as an adjunct to their resumes and cover letters. By so doing, (1) the candidates can tell their story in their own words, and balance the negativity that is so often characteristic of the press, and (2) the Agency to evaluate the candidates written communication skills. • Interviews of References: We provide the candidate with a list of references with whom we wish to speak. These will include current and former elected officials, the municipal attorney, the external auditor, staff members, peers, news media representatives, the director of the local chamber of commerce, community activists, the Human Resources Director they work with, and others who know the candidate. All told, the list will include approximately 20 individuals. We will also attempt to contact some individuals who are not on the candidate’s list. Typically, we reach eight to twelve people and prepare a written, approximately page long summary of each conversation. • Legal Checks: Through our third-party vendor, American DataBank, we will conduct the following checks: criminal records at the county, state, and national level; civil records for litigation at the county and federal level; motor vehicle records; and bankruptcy and credit. As an aside, while only police departments have access to the gold standard for criminal records (the NCIC database), our vendor has developed a very reliable substitute. • Search the Internet, Newspaper Archives, and Social Media: Virtually every local newspaper has an electronic archive that provides stories about perspective candidates, the issues they have dealt with, how they resolved them and the results. These articles can also provide valuable insights into the candidate’s relationship with the public and the governing body. Of course, not all news sources are unbiased, and we consider that in our evaluation. Further, we will review the candidate’s social media accounts. • Verification of Education and Work History: We will verify all claimed educational degrees, as well as the candidate’s work history for the past 15 years to ensure the candidate has been completely forthright. 784 II. Proposed Work Plan (Continued) - 10 - • Candidate Disclosure Statement: We ask candidates to disclose anything controversial in their background that we need to be aware of. While it is unlikely that they will disclose anything we are not already aware of at this point, we believe redundant checks are beneficial. As part of our efforts, we will crosscheck sources, search for discrepancies, and resolve them. When sensitive or potentially embarrassing items are discovered, they will be thoroughly researched. Depending on what we discover, we may decide to drop the candidate or to present them with an explanation. Note: We firmly believe that all background work and checks should be completed prior to presenting them to you. That way you will know the individuals you select to interview are all top performers and do not have anything embarrassing in their pasts that might come to light after selection. It also means that once you have made a selection, you can move forward promptly, negotiate a contract and make an announcement. Task Five: Preparation and Presentation of Candidate Materials CB&A will select six to ten candidates and present them for your consideration as finalists. We will provide you electronically a complete written report for each recommended candidate which will include: the candidate’s cover letter, resume, introduction, references, background checks and internet / newspaper archive search results. A complete sample candidate report is included as Appendix C. We will also provide advice on interviewing, a series of questions the elected officials may wish to ask (as well as outlining questions that are not appropriate to ask), and some logistical information. Task Six: Finalist Selection Approximately a week after the Agency has received the candidate materials, CB&A will meet with the elected officials to discuss our findings and to select finalists (ideally five with an alternate) to be invited to interview. Task Seven: Notify All Candidates of Their Status We will notify the finalists by telephone and give them the opportunity to ask additional questions. Additionally, we will provide them with information concerning the interviews and travel if necessary. CB&A will also contact those not selected to be interviewed. Part of the notification will include advice concerning their application materials, even though they were not selected to go forward, they will have gained something valuable from participating in the process. 785 II. Proposed Work Plan (Continued) - 11 - Phase IV: Coordinate the Interview Process and Executive Director Selection Task Eight: Coordinate the Candidate Assessment Process Prior to the interviews, we will recommend an evaluation process including mechanisms to assess the candidates’ communication skills, interpersonal skills, and decision-making skills. Typically, we suggest the Board observe the finalists in three settings: a social setting (since the selected candidate will frequently represent the Agency at community functions), one-on-one interviews, and a Board meeting. Day #1: The finalists are given a tour of the community by a knowledgeable staff member or resident. Communities often also include a reception with the Agency’s senior staff at this point. Later, that evening, the Board can host a reception for the candidates. The purpose is to observe how the finalists respond to a social situation. As noted, your next Executive Director will, after all, represent your local government in a variety of venues. It is thus important to know how the individual will respond to your citizenry. The reception also serves as an icebreaker whereby the Board Members and the candidates get to know one another informally. Day #2: The next morning, each candidate will interview individually with each Board Member for approximately 40 minutes. These meetings provide you with an opportunity to assess how the candidates might interact with you on an individual basis. Ultimately, Directors succeed or fail based on their interaction with the Board and its individual members. One-on-one interviews are an excellent way to test that interaction. After lunch, the Board, as a group, will interview each finalist one at a time for approximately 30 minutes. Part of the interviews might include a PowerPoint presentation, so the Board can observe the candidates’ presentational skills. We recommend you invite the finalists’ spouses to the interviews, so they can become familiar and feel comfortable with the community. Finally, if it would make you feel more comfortable, we can recommend several third-party management and personality assessment tools that the Agency can use to provide additional input. They are available at a relatively small cost and are not included in our fee. Task Nine: Debriefing and Selection After the interviews are completed, we have developed a simple methodology that moves the elected body quickly and rationally to selecting your next Director. 786 II. Proposed Work Plan (Continued) - 12 - Phase V: Negotiation and Continuing Assistance Task Ten: Notification, Contract Negotiations and Warranty If requested, we will assist in the employment agreement negotiations. Generally, a member of the elected body and the attorney conduct the actual negotiations while we provide advice and assistance concerning the compensation package and contract. We can also take the lead role in the negotiations if desired. We have a standard contract you are welcome to use with the selected candidate. Your attorney, of course, will prepare the final contract. Since the basic parameters will have been discussed with the candidates, and the candidates have been thoroughly vetted, we expect prompt agreement. Task Eleven: Continuing Assistance Our work is not done when the contract is executed. We will stay in touch with you and your new Executive Director. Our goal is to be there to assist in resolving any issues that arise before they become intractable. We simply feel it is part of our job to ensure a successful relationship. Communications: We will provide weekly reports about the status of the search, in writing or by phone, depending upon your preference. At significant milestones we will make the reports in person. We are also available at any time, day or night, to address any questions you have along the way. To do so, we will provide you with our cellphone numbers and you should feel comfortable contacting us whenever you have a question whether it is directly related to the search or, for that matter, anything else related to local government. We are, in addition to being exceptional recruiters, students of local government, and can often provide insights and names of parties who have dealt a wide variety of issues, often with innovative solutions. We want to be responsive and to assist in any way we can. The Agency’s Obligations The Agency will be responsible for providing the facilities for the interview process, coordinating lodging for candidates from outside the area, and making arrangements for the reception. The Agency will also be responsible for reimbursing the candidates (and spouses, if invited) for all expenses associated with their travel, meals, and incidentals for the interview process. 787 II. Proposed Work Plan (Continued) - 13 - Proposed Project Schedule The following is the schedule we would suggest and assumes CB&A is selected to complete the search by January 3rd. It can be adjusted based on the availability of the Chairman and Board. Phase I: Needs Assessment / Information Gathering January 10th: CB&A begins meeting with the Board Members and other stakeholders to understand the job and its challenges. January 21st: CB&A submits the draft of the full recruitment profile to the Agency for its review. January 28th: Agency provides comments on the recruitment profile. Phase II: Recruiting January 31st: CB&A posts the full recruitment profile on its website and submits it to the appropriate publications. It is also e-mailed to over 14,000 local government professionals. February 21st: Closing date for submission of applications. February 26th: CB&A reports on the results of the recruitment. Phase III: Screening, Reference Checks and Credential Verification April 1st: CB&A forwards its reports and materials to the Agency for the recommended candidates. These will include the candidates’ cover letters, resumes and introduction as well as the results of our reference, background, and Internet/newspaper archives/social media checks. April 8th: Agency selects approximately five finalists and an alternate to interview. Phase IV: Interview Process Coordination and Executive Director Selection April 17th: Agency holds reception for the finalists. April 18th: One-on-one and full Board interviews and selection of Executive Director. Phase V: Negotiation, Warranty & Continuing Assistance Post-Selection: CB&A works with Agency representatives and the selected candidate on an employment agreement. 788 - 14 - 789 III. Proposed Project Team - 15 - Project Team and Involvement Colin Baenziger & Associates has assembled an outstanding project team to serve your needs. Colin Baenziger will have overall responsibility for the execution of the search. Mr. Baenziger has spent ten years in local government as a senior manager and over 30 years as a consultant. In addition to his 25 years in executive search, he specialized in operational reviews of governmental agencies and private sector clients such as the Recording Industry Association of America, and the Marriott Corporation. Mr. Baenziger has a master’s degree with distinction in public administration from Cornell University’s Graduate School of Management, and a Bachelor of Arts degree from Carleton College. He is also active in the International City Management Association and the Florida City and County Management Association. Lynelle Klein, Senior Vice President for Operations, is a skilled professional with extensive expertise in executive search. Starting as a research assistant with CB&A 12 years ago, she has now firmly established herself as the number two person at CB&A. Prior to joining the firm, she worked primarily in the private sector providing financial and administrative services. Ms. Klein has an associate degree from Brigham Young University in Rexburg, Idaho. She currently resides in Mesa County, CO. Stephen Sorrell, Senior Vice President, brings over 35 years of management and technical experience in municipal, county, state, and special district agencies in addition to his work with Colin Baenziger & Associates (CB&A). Some of the leadership positions Steve has held include serving as Executive Director, Emerald Coast Utilities Authority in Pensacola, Florida, and as City Manager, Director of Public Safety, Assistant City Manager, and Director of Finance, all for Hamilton, Ohio. He is a P.E. and earned a Bachelor of Science in Civil Engineering Degree from the University of Dayton, Ohio, and Master of Public Administration Degree from the University of Cincinnati, Ohio. He is a member of the International City/County Management Association, Florida City/County Management Association, Florida Finance Officers Association, American Water Wastewater Association, President of the Exchange Club, President of the Safety Council, Chairman of the Neighborhood Watch Program, and served on the Board of Directors for Senior Services and the Chamber of Commerce. One day, he hopes to slow down – just not yet. 790 III. Proposed Project Team (continued) - 16 - Ron Williams, Senior Vice President. While Mr. Williams is technically relatively new to CB&A, he worked with the firm in its infancy and helped develop the operating methodology that has led to our growth and success. His public sector career began as a budget analyst for the City of Miami and culminated as the City Manager for Palmetto Bay (an affluent suburb of Miami, FL with 24,000 residents) and then for Live Oak (a rural city of 7,000 about 100 miles west of Jacksonville, FL). Along the way, he served in high level positions in the juvenile justice, public works, and general services. What excites him now is finding the people you need to fill your key positions, and he is exceptionally good at it. Ron has a Bachelor of Science in Management and a Master’s Degree in Public Administration from the University of West Florida. He has also taught at Miami Dade College and in the County’s public school system. Rick Conner, Senior Vice President, has over 30 years of experience in executive recruiting and in local government (serving as a city manager in Florida and Texas) as well as a public works and utilities director. That experience provides him with an excellent perspective of the needs of local government operations and staffing. Rick earned Bachelor of Science Degrees in Business Administration and Engineering from the University of Missouri. He is a Registered Land Surveyor and a Professional Engineer in Missouri, as well as a Professional Engineer in Florida, Tennessee, and Texas. In his spare time, he invents scuba diving equipment and accessories. G. Scott Krim, Vice President, has 20 years’ experience in the public and private sectors and offers an abundance of managerial and analytical experience. He is a versatile leader with proven expertise in operations optimization, personnel selection and retention, and internal / external stakeholder relationships. Prior to joining our firm, Scott worked for five years in Utah's District Courts. He is a member of the Association for Public Policy Analysis & Management, the Society of Human Resource Management, and the American Communication Association. Scott has a Master of Public Administration (emphasis in state and local government) from Southern Utah University, and a Bachelor of Science in Organizational Communication from Weber State University in Ogden, Utah. Scott is a certified Professional and Technical Writer. 791 IV. References - 17 - Executive Director, Bartow Municipal Airport Development Authority, Bartow, FL (population served: 19,300) Contact: Commissioner Leo Longworth at (863) 533.3136, or llongworth@cityofbartow.net CB&A began work in August 2017 to find the next Executive Director for the Bartow Airport in Bartow, Florida. Our work included scouring the nation to find the right person for the job, interviewing the candidates, conducting thorough background checks, recommending finalists for the Authority to interview and helping with the contract negotiations. John Helms, former Airport Director for Marion County, Florida was hired on November 13, 2017. He remains with the Authority. Community Development Director, Danville, VA (population 43,000) Contact: City Manager Ken Larking at (434) 799-5100 or klarking@danvilleva.gov Located in the Piedmont region of south-central Virginia along the North Carolina border, Danville offers small-town charm as well as the advantages of a city overflowing with energy. CB&A began its work in July 2016 to find the City’s Community Development Director. We researched the City, gathered input from key City officials, recruited and advertised for candidates, conducted background checks, selected, and recommended the best qualified, coordinated the interview process, and assisted with the offer letter. Interviews were held on November 7, 2016, and Kenneth Gillie then Planning/Zoning Administrator, for Danville, VA was selected. Mr. Gillie remains with the City. We have also assisted the City in finding a City Manager, Deputy City Manager, Finance Director, Utility Director, Power & Light Director, and Water and Gas Director. Director, Economic and Workforce Development, and Deputy City Manager – Community Building, Durham, NC (population 247,000) Contact: City Manager Wanda Page at (919) 560-4222 Email: Wanda.Page@durhamnc.gov Colin Baenziger & Associates was hired to search for two key positions in Durham's economic development program in January 2009. The first was the Director of the Office of Economic and Workforce Development and the second was the positions’ supervisor, the Deputy City Manager – Community Building. We conducted national searches for both positions. We also conducted limited background checks and provided limited interviewing assistance. For the Director of Economic and Workforce Development (OEWD), the City selected Kevin Dick, an internal candidate. Durham selected Keith Chadwell, formerly Assistant County Manager for Fulton County, GA, and City Manager of Pompano Beach, FL, to be the Deputy City Manager. Both searches took approximately four months. Mr. Chadwell remains with the City. 792 IV. References (continued) - 18 - General Manager, Island Water Association, Sanibel, FL Contact: Former Board Vice President Ken Kouril at 239.209.2375, or KKouril@sanctuarygc.net We began our work in August of 2018 to find the next General Manager for the Island Water Association. The Island Water Association, Inc. (IWA) is a non- profit, member-owned potable water utility that provides drinking water to Sanibel and Captiva Islands in Southwest Florida. Our work included searching the nation to find the right person for the job, interviewing the candidates, conducting thorough background checks, and recommending finalists for the county to interview. In November 2018, the Board selected Diana Wilson, then General Manager and Secretary to the Board of Trustees for the West Des Moines Water Works in West Des Moines, Iowa. Ms. Wilson remains with the Association. Executive Director, Salt Lake Valley Emergency Communications Center (SLVECC or VECC) (estimated population served 900,000) Contact: Trustee Korban Lee at 801.569.5071 or Korban.Lee@westjordan.utah.gov The Salt Lake Valley Emergency Communications Center (VECC, or the Center) is a Public Safety Answering Point (PSAP). Its primary purpose is to handle emergency communications and other services for member communities in Salt Lake County, including 911 services, and police, fire and medical dispatching. It is the largest PSAP in the state of Utah. It is governed by a seventeen-member Board of Trustees. In November of 2023, CB&A began looking for VECC’s next Executive Director. Our work included searching the nation to find the right person, interviewing candidates, conducting thorough background checks, and recommending finalists for the Center to interview. We then helped to coordinate the interview process. Ivan Whitaker, formerly the Vice President of MD Ally was hired in March 2024. General Manager, Tampa Bay Water Authority (serving a population of 2.4 million) Contact: Commissioner Dave Eggers at (727) 647-2356 or deggers@co.pinellas.fl.us, or Board Chair Harry Cohen at 813-272-5470 or cohenh@hillsboroughcounty.org CB&A began work on May 26, 2021, to find the next General Manager for Tampa Bay Water. Our work included scouring the nation to find the right person for the job, interviewing the candidates, conducting thorough background checks, and recommending finalists for the Authority to interview. We presented finalists on August 10th, interviews were held on August 30th, and the final selection was made on September 20th. The delay was due to the fact that the Board had difficulty deciding between two of the five outstanding candidates. They ultimately selected Mr. Charles Carden, formerly Chief Operating Officer, Tampa Bay Water. Mr. Carden remains with the Authority. We also did the search for the General Manager in 2007. 793 IV. References (continued) - 19 - Candidate References While it is important to deliver what the Agency expects, it is also important to keep candidates informed and to treat them with respect and dignity. Accordingly, we have provided references from five of those candidates. Placement Recruited To Be Contact at Dale Martin Former City Manager for Winchester, CT City Manager, Fernandina Beach, FL Appointed September 2015. He left in February 2023 and is currently the City Manager of Flagler Beach, FL. (904) 557-5047 dallmartin@yahoo.com Eden Freeman Former Assistant City Manager for Sandy Springs, GA City Manager, Winchester, VA Appointed June 2014, she left in March 2020. She returned to Sandy Springs as the City Manager in January 2022. (404) 683-4816 Bryan Hill Former Deputy Administrator for Beaufort County, SC Administrator, James City County, VA Appointed July 2014. Hired as the Fairfax County, VA, CEO in January 2018. (843) 368-7458 Chris Morrill Former Assistant City Manager for Savannah, GA City Manager, Roanoke, VA Appointed December 2009. Hired as the Executive Director of the Government Finance Officers Association in 2017. (843) 368-7458 Raymond “Boz” Bossert, Jr. Former Village Administrator for Port Edwards, WI General Manager, Sun ‘N Lake of Sebring Improvement District, FL Appointed July of 2023 and remains with the District. (706) 215-4567 794 - 20 - 795 V. Fee and Warranty - 21 - Fee CB&A offers a firm, fixed price of $34,500, which includes all the expenses we will incur in the search with one exception. The Agency will make a reservation and pay for one or two nights’ stay, if needed, for the CB&A representative in the same hotel as the finalists when they come to interview for the Executive Director position so we can help facilitate the final stage of the recruitment process. The only other expenses the Agency will incur are those associated with bringing the finalists (and spouses, if invited) to interview with the Agency (travel, meals, hotel etc.). Bills will be rendered as the search progresses and due at the end of each Phase as indicated below: Requested Services Phase I: Needs Analysis / Information Gathering $ 4,000 Phase II: Recruiting 16,000 Phase III: Screening 12,000 Phase IV: Interview Process Coordination and Selection 1,500 Phase V: Negotiation and Warranty 1,000 Firm, Fixed Fee Total* $34,500 If the Agency asks us to perform work that is clearly beyond the scope of this proposal, it will be billed at a rate of $200 per hour. No such work will be performed without your written authorization. Please note, as previously stated, that we have never billed nor requested additional funds beyond our originally quoted fee – even when circumstances suggested we were entitled to them and where the work we performed extended beyond the scope of our assignment. Warranty Colin Baenziger & Associates offers one of the best warranties in the industry. We can offer it because we have confidence in our work. Provided we conduct the full search (each element of Phases I-V), and the Agency follows our recommendations and selects from among the candidates we recommend, we warrant the following: 1) We will not approach the selected candidate for any other position as long as the individual is employed by the Agency. 2) If the selected individual leaves for any reason other than an Act of God (such as total incapacitation or death) within the first year, CB&A will repeat the search for the reimbursement of our expenses only. 3) If you are not satisfied with the candidates we present, CB&A will repeat the search until you are satisfied. 4) Our price is guaranteed and will not be exceeded for any reason, even if conditions change after the contract is executed. 796 PROPOSAL TO PROVIDE EXECUTIVE RECRUITMENT SERVICES FOR THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Volume II: Appendices Colin Baenziger & Associates Contact Person: Colin Baenziger (561) 707-3537 Colin Baenziger & Associates 2055 South Atlantic Avenue • Suite 504 Daytona Beach Shores, FL 32118 e-mail: Colin@cb-asso.com Fax: (888) 635-2430 …Serving Our Clients with a Personal Touch… 797 PROPOSAL TO BE THE AGENCY’S EXECUTIVE RECRUITING FIRM TABLE OF CONTENTS PAGE APPENDIX A: ALL GOVERNMENTAL SEARCH ASSIGNMENTS A-1 APPENDIX B: SAMPLE RECRUITMENT BROCHURE B-1 APPENDIX C: SAMPLE CANDIDATE REPORT C-1 APPENDIX D: RESOLUTION OF ST. JOHNS COUNTY, FL D-1 APPENDIX E: CB&A’S VETTING PROCESS FROM DALE MARTIN E-1 798 Appendix A Searches by Colin Baenziger & Associates’ Staff 799 Governmental Search Assignments A-1 Current Searches City Manager, Fruitland Park, FL (population 8,615) Assistant City Manager, Jacksonville, NC (population 72,800) Town Manager, Juno Beach, FL (population 3,858) City Manager, Longview, WA (population 37,722) City Manager, Nome, AK (population 3,639) City Manager, Sarasota, FL (population 58,406) City Manager, Seaside, CA (population 32,366) Completed Searches in 2024 City Manager, Crystal River, FL (population 3,485) City Administrator, Davenport, IA (population 101,724) City Manager, Deltona, FL (population 98,528) County Administrator, Dougherty County, GA (population 84,364) Assistant County Manager, Douglas County, NV (population 49,628) City Administrator, Eagle Mountain City, UT (population 63,689) City Manager, Fernandina Beach, FL (population 13,052) City Manager, Lake Helen, FL (population 2,871) City Manager, Pascagoula, MS (population 21,330) City Manager, Sunnyside, WA (population 16,150) City Manager, Thornton, CO (population 144,388) Public Works and Utilities Director, Bradenton, FL (population 56,730) Corporation Counsel, Davenport, IA (population 101,724) City Attorney, Deltona, FL (population 98,528) City Attorney, Moline, IL (population 42,452) Economic Development Director, St. Johns County, FL (population 334,173) Human Resources Director, St. Johns County, FL (population 334,173) Executive Director, Salt Lake Valley Emergency Communications Center, UT (estimated population served 900,000) 800 Governmental Search Assignments (continued) A-2 Completed Searches Prior to 2024 City/Town/Village Manager/Administrator City Manager, Albany, GA (population 75,600) in 2011 City Manager, Ankeny, IA (population 45,600) in 2013 City Manager, Ashland, KY (population 21,000) in 2013 City Manager, Auburn, AL (population 58,582) in 2017 City Manager, Aventura, FL (population 37,724) in 2017 and 2018 Village Manager, Bal Harbour, FL (population 3,300) in 2013 City Manager, Bartow, FL (population 16,000) in 2007 in 2017 and 2022 Town Manager, Bay Harbor Islands, FL (population 5,628) in 2007, 2012 and 2020 City Manager, Belle Isle, FL (population 7,344) in 2023 City Manager, Bellevue, WA (population 122,400) in 2014 City Administrator, Bradenton, FL (population 60,888) in 2021 City Manager, Brighton, CO (population 41,254) in 2020 Town Manager, Buckeye, AZ (population 32,000) in 2006 City Manager, Burien, WA (population 55,188) in 2017 City Manager, Cape Canaveral, FL (population 10,200) in 2010 City Manager, Cape Coral, FL (population 194,570) in 2012 and 2020 City Manager, Carnation, WA (population 1,873) in 2017 City Manager, Casselberry, FL (population 25,000), in 2005 City Manager, Chamblee, GA (population 17,000) in 2011 City Manager, Clewiston, FL (population 7,270) in 2019 City Manager, Cocoa Beach, FL (population 11,200) in 2012, 2015 and 2016 City Administrator, Connell, WA (population 4,200) in 2014 City Manager, Cooper City, FL (population 32,000) in 2008 and 2023 City Manager, Coral Gables, FL (population 43,000) in 2009 City Manager, Cottonwood Heights, UT (population 34,000) in 2004 City Manager, Covington, VA (population 5,802) in 2016 City Manager, Crescent City, FL (population 1,542) in 2020 Town Manager, Cutler Bay, FL (population 35,000) in 2006 City Manager, Dania Beach, FL (population 28,000) in 2009 City Manager, Danville, VA (population 43,000) in 2016 City Manager, Deerfield Beach, FL (population 78,000) in 2019 City Manager, Delray Beach, FL (population 64,100) in 2014 City Manager, Deltona, FL (population 83,000) in 2006 and 2008 City Manager, Destin, FL (population 12,000) in 2003 and 2011 City Administrator, Dickinson, ND (population 22,300) in 2018 City Manager, Doral, FL (population 24,000), in 2004 City Manager, Doraville, GA (population 10,896) in 2013, 2017 and 2020 Town Manager, Dundee, FL (population 3,000) in 2006 and 2009 City Manager, Ellensburg, WA (population 18,350) in 2014 City Manager, Elmira, NY (population 29,200) in 2014 Village Manager, Estero, FL (population 26,600) in 2015 801 Governmental Search Assignments (continued) A-3 City/Town/Village Manager/Administrator (continued) City Manager, Fairborn, OH (population 33,200) in 2017 City Manager, Fayetteville, NC (population 208,000) in 2012 City Manager, Fernandina Beach, FL (population 11,000) in 2006, 2015, and 2023 City Manager, Fife, WA (population 8,700) in 2010 City Manager, Fircrest, WA (population 7,215) in 2023 City Manager, Flagler Beach, FL (population 5,458) in 2023 City Manager, Fort Myers, FL (population 68,190) in 2016 Town Manager, Fort Myers Beach, FL (population 6,900) in 2006 and 2008 City Manager, Fort Pierce, FL (population 41,900) in 2012 City Manager, Fort Smith, AR (population 87,650) in 2016 City Manager, Fort Walton Beach FL (population 20,879) in 2023 City Manager, Fruitland Park, FL (population 4,100) in 2013 City Manager, Gainesville, FL (population 133,857) in 2016 and 2019 City Manager, Greensboro, NC (population 259,000) in 2009 City Manager, Groveland, FL (population 12,493) in 2018 City Manager, Hallandale Beach, FL (population 39,000) in 2010 and 2012 City Manager, Holly Hill, FL (population 13,000) in 2008 (partial search) City Manager, Homestead, FL (population 62,000) in 2010 City Manager, Indianola, IA (population 15,108) in 2015 Village Manager, Islamorada, Village of Islands, FL (population 7,500) in 1999, 2005, 2021 and 2022 City Manager, Jacksonville Beach, FL (population 23,387) in 2018 Town Manager, Juno Beach, FL (population 3,600) in 2005 and 2023 Village Manager, Key Biscayne, FL (population 11,000) in 2007 and 2011 City Manager, Key West, FL (population 24,600) in 2012 Town Manager, Lady Lake, FL (population 15,954) in 2021 City Administrator, Lake Forest Park, WA (population 13,059) in 2018 Town Manager, Lake Park, FL (population 9,100) in 2001 and 2003 City Manager, Lake Worth Beach, FL (population 38,010) in 2003, 2007 and 2021 Town Manager, Lantana, FL (population 9,600) in 2000 and 2021 City Manager, Lauderdale Lakes, FL (population 32,000) in 1998 and 2002 City Manager, Leesburg, FL (population 20,390) in 2013 City Manager, Madeira Beach, FL (population 12,300) in 2011 Town Manager, Mangonia Park, FL (population 1,400) in 2001 City Manager, Marathon, FL (population 11,500) in 2002 and 2004 City Manager, Marco Island, FL (population 15,000) in 2014 City Manager, Mascotte, FL (population 5,873) in 2021 City Manager, Medina, WA (population 3,000) in 2013 City Manager, Melbourne, FL (population 72,500) in 2012 City Manager, Miami Gardens, FL (population 101,000) in 2004 City Manager, Mill Creek, WA (population 18,828) in 2015 and 2022 City Manager, Miramar, FL (population 122,000) in 2013 City Manager, Monroe, NC (population 33,500) in 2013 802 Governmental Search Assignments (continued) A-4 City/Town/Village Manager/Administrator (continued) City Manager, Montverde, FL (population 1,675) in 2020 Town Manager, Mooresville, NC (population 41,995) in 2019 City Manager, Mount Dora, FL (population 12,000) in 2005 City Manager, Mount Pleasant, MI (population 26,000) in 2014 City Manager, Mountlake Terrace, WA (population 20,700) in 2014 and 2016 City Manager, Naples, FL (population 21,800) in 2018 City Manager, New Smyrna Beach, FL (population 23,000) in 2009 City Manager, Normandy Park, WA (population 6,335) in 2013 and 2015 City Manager, North Miami, FL (population 62,000) in 2010 and 2014 Village Manager, North Palm Beach, FL (population 12,500) in 2004, 2005, 2007 and 2012 City Manager, North Port, FL (population 55,800) in 2011 Town Manager, North Topsail Beach, NC (population 734) in 2018 City Manager, Norwich, CT (population 40,500) in 2016 Town Manager, Oakland, FL (population 5,400) in 2023 City Manager, Oakland Park, FL (population 42,800) in 2014 City Manager, Ocala, FL (population 52,000) in 2008 and 2015 Town Manager/Finance Director, Ocean Ridge, FL (population 1,830) in 2023 City Manager, Opa-Locka, FL (population 2,180) in 2019 City Manager, Orange City, FL (population 10,000) in 2010 and 2016 City Manager, Orange Park, FL (population 9,100) in 2010 City Manager, Oviedo, FL (population 33,000) in 2008 City Manager, Palm Bay, FL (current population 101,000) in 2002 and 2015 City Manager, Palm Coast, FL (population 71,000) in 2006 Village Manager, Palmetto Bay, FL (population 24,000) in 2003 City Manager, Panama City Beach, FL (population 12,776) in 2012 and 2019 City Manager, Parkland, FL (population 30,177) in 2017 City Manager, Petersburg, VA (population 32,701) in 2017 Village Manager, Pinecrest, FL (population 19,300) in 2011 City Manager, Pompano Beach, FL (population 101,000) in 2007 City Manager, Port Orange, FL (population 67,494) in 2021 City Manager, Port Richey, FL (population 2,869) in 2020 and 2023 City Manager, Port St. Lucie, FL (population 174,100) in 2016 City Manager, Portland, ME (population 65,000) in 2011 City Manager, Prosser, WA (population 5,802) in 2016 Chief Administrative Officer, Renton, WA (population 100,953) in 2021 City Manager, Riviera Beach, FL (population 37,000) in 2009 City Manager, Roanoke, VA (population 98,465) in 2009 and 2017 City Manager, Sammamish, WA (population 64,548) in 2019 City Manager, Sanibel Island, FL (population 7,319) in 2021 City Manager, Sarasota, FL (population 55,000) in 2012 City Manager, Satellite Beach, FL (population 10,100) in 2013 City Manager, Savannah, GA (population 142,800) in 2016 City Manager, Scottsdale, AZ (population 217,400) in 2013 803 Governmental Search Assignments (continued) A-5 City/Town/Village Manager/Administrator (continued) City Manager, Sebastian, FL (population 24,772) in 2018 City Manager, Seminole, FL (population 17,800) in 2015 City Manager, Sequim, WA (population 6,700) in 2015 and 2021 Town Manager, Sewall’s Point, FL (population 2,000) in 2006 Township Manager, Spring Garden Township, PA (population 12,963) in 2018 Township Manager, Springettsbury Township, PA (population 26,700) in 2014 and 2016 City Manager, St. Pete Beach, FL (population 10,000) in 2014 and 2019 City Manager, Stuart, FL (population 17,000) in 2006 and 2017 City Manager, Sunny Isles Beach, FL (population 17,000) in 2006 and 2011 City Manager, Sunrise, FL (population 84,400) in 2012 City Manager, Sunnyside, WA (population 15,860) in 2013 and 2018 Town Manager, Surfside, FL (population 6,000) in 2014 City Manager, Tacoma, WA (population 200,000) in 2011 and 2017 City Administrator, Tavares, FL (population 11,000) in 2006 City Manager, Temple Terrace, FL (population 26,901) in 2022 City Manager, Titusville, FL (population 43,940) in 2014 City Manager, Treasure Island, FL (population 6,937) in 2017 City Manager, Vero Beach, FL (population 16,751) in 2019 City Manager, West Melbourne, FL (population 15,000) in 2009 City Manager, West Park, FL (population 12,000) in 2005 and 2010 City Manager, Weston, FL (population 70,015) in 2019 City Manager, Winchester, VA (population 28,108) in 2014 and 2020 City Manager, Winter Haven, FL (population 37,900) in 2017 City Manager, Yakima, WA (population 91,000) in 2011 and 2012 Completed Searches - County Administrator / Manager County Manager, Alachua County, FL (population 251,400) in 2014 County Manager, Baker County, FL (population 27,000) in 2006 County Administrator, Bay County, FL (population 158,000) in 2005 County Manager, Brevard County, FL (population 536,000) in 2009 County Administrator, Broward County, FL (population 1,800,000) in 2006 County Administrator, Clackamas County, OR (population 383,900) in 2013 County Manager, Clay County, FL (population 212,230) in 2005, 2011 and 2019 Chief Administrator, El Paso County, TX (population 827,700) in 2014 and 2016 County Administrator, Emmet County, MI (population 32,900) in 2014 County Manager, Flagler County, FL (population (83,000) in 2007 County Manager, Fulton County, GA, (partial search) in 2015 (population 894,300) in 2015 County Administrator, Hernando County, FL (population 172,800) in 2012 County Administrator, Highlands County, FL (population 98,000) in 2008 County Administrator, Indian River County, FL (population 163,662) in 2023 County Administrator, James City County, VA (population 69,000) in 2014 County Manager, Lee County, FL (population 600,000) in 2009 804 Governmental Search Assignments (continued) A-6 Completed Searches - County Administrator / Manager (continued) County Administrator, Martin County, FL (population 140,000) in 2005 Borough Manager, Matanuska-Susitna Borough, AK (population 85,000) in 2011 County Administrator, Manatee County, FL (population 422,774) in 2023 County Administrator, Monroe County, FL (population 80,000) in 2004 County Administrator, Nassau County, FL (population 60,000) in 2004 County Administrator, Okaloosa County, FL (population 183,500) in 2013 County Administrator, Okeechobee County, FL (population 39,000) in 2008 County Manager, Osceola County, FL (population 235,000) in 2003 and 2007 County Administrator, Polk County, IA (population 400,000) in 2007 and 2011 County Manager, Seminole County, FL (population 410,000) in 2006 County Administrator, St. Johns County, FL (population 162,000) in 2007 County Administrator, St. Lucie County, FL (population 284,000) in 2014 and 2023 County Manager, Union County, NC (population 198,600) in 2010 County Administrator, York County, VA (population 66,269) in 2015 Completed Searches - Other Municipal CEO Executive Director, Bartow Municipal Airport Development Authority, Bartow, FL in 2017 Chief Executive Officer, Chatham Area Transit, Savannah, GA (population served 286,900) in 2016 General Manager, Chittenden Solid Waste District, Williston, VT (population 157,461) in 2016 General Manager, Holiday Park Recreation District, FL (population 4,500) in 2007 Executive Director, Lakewood Ranch Inter-District Authority, Manatee County, FL (population 15,000) in 2011 and 2022 Executive Director, Northern Palm Beach Improvement District, Palm Beach Gardens, FL (population 200,000) in 2003 Executive Director, South Correctional Entity (SCORE), Des Moines, WA (population served 406,000) in 2018 General Manager, Sun ‘n Lake Improvement District, FL (population served 9,000+) in 2023 Completed Searches - Community Association CEOs and Assistant CEOs Chief Operating Officer, Amelia Island Plantation Community Association, FL (population 3,000) in 2016 Executive Director, Sun City Summerlin Home Owners Association, Las Vegas, NV (population 14,000) in 2015 and 2017 Vice President for Administration, Ocean Reef Communication Association, Key Largo, FL in 2017 Vice President, Public Works & Operations, Ocean Reef Community Association (population 2,000), Key Largo, FL, in 2001 805 Governmental Search Assignments (continued) A-7 Completed Searches – Assistant/Deputy Managers Assistant City Manager / Operations, Corpus Christi, TX (population 308,000) in 2013 Assistant City Manager / Utilities, Corpus Christi, TX (population 308,000) in 2014 Deputy City Manager, Danville, VA (43,000) in 2016 Deputy City Administrator, Dickinson, ND (population 22,300) in 2016 Deputy City Manager for Community Building, Durham, NC (population 220,000) in 2009 Assistant Town Manager, Jupiter Island, FL (population 654) in 2010 Assistant Village Manager, Islamorada, Village of Islands, FL (population 7,500) in 1998 Assistant City Manager, Lake Worth Beach, FL (population 37,000) in 2004 Assistant County Administrator, Martin County, FL (population 140,000) in 2006 Deputy City Manager, Sammamish, WA (60,000) in 2016 Assistant City Manager, Tamarac, FL (population 55,500) in 2001 Assistant City Manager, West Palm Beach, FL (population 101,000) in 2004 and 2013 Completed Searches – City or County Attorneys County Attorney, Clay County, FL (population 196,400) in 2016 City Attorney, Daytona Beach, FL (62,300) in 2016 City Attorney, Fort Lauderdale, FL (population 178,752) in 2018 City Attorney, Fort Pierce, FL (population 41,590) in 2016 and 2018 County Attorney, Fulton County, GA (population 996,319) in 2015 City Attorney, Lawton, OK (population 94,653) in 2020 City Attorney firm, Naples, FL (population 22,367) in 2021 City Attorney, Ocala, FL (population 60,021) in 2022 Chief Labor Negotiator, Orlando, FL (population 270,934) in 2018 City Attorney, Port St. Lucie, FL (population 185,132) in 2016 and 2019 County Attorney, Prince William County, VA (population 438,580) in 2015 City Attorney, Roanoke, VA (population 96,000) in 2012 City Attorney, Sebastian, FL (population 25,703) in 2023 Fire District Attorney, St. Lucie County Fire District, FL (population 298,600) in 2017 City Attorney, Vero Beach, FL (population 16,751) in 2019 City Attorney, West Melbourne, FL (population 15,000) in 2008 Completed Searches – Community Development/Growth Management/Planning Planning and Community Development Director, Bradenton, FL (population 60,888) in 2021 Growth Management Director, Collier County, FL (population 357,305) in 2015 and 2017 Community Development Director, Danville, VA (population 43,000) in 2016 Planning and Development Director, Fairfax County, VA (population 1,150,309) in 2022 Director, Building and Development, Loudoun County, VA (population 336,900) in 2014 Community Development Director, Miami, FL (population 408,000) in 2008 Director of Planning, Building and Development, Roanoke, VA (population 96,000) in 2012 806 Governmental Search Assignments (continued) A-8 Completed Searches – Community Development/Growth Management/Planning (continued) General Manager, North Sarasota Redevelopment District, Sarasota, FL (population 53,000) in 2008 Growth Management Director, St. Lucie County, FL (population 261,000) in 2005 Community Development Director, Tamarac, FL (population 55,500) in 2007 Completed Searches – Economic Development / Redevelopment Growth Management Manager, Wellington, FL (population 55,000) in 2009 Executive Director, Camden County (GA) Joint Development Authority (pop. 51,400) in 2014 Economic Development Director, Collier County, FL (population 328,000) in 2012 Economic Development Director, Concord, NH (population 42,444) in 2017 Assistant City Manager for Community Building, Durham, NC (population 220,000) in 2009 Economic Development Director, Roanoke, VA (population 96,000) in 2012 Director, Office of Economic & Workforce Development, Durham, NC (pop. 220,000), 2009 Economic Development Director, Loudoun County, VA (population 326,000) in 2010 Economic Development Director, St. Johns County, FL (population 162,000) in 2011 Completed Searches – Engineers City Engineer, Gulfport, MS (population 90,000) in 2008 Director/Engineering/Public Works /Utilities, Hallandale Beach, FL (population 39,000) 2013 Deputy County Engineer, Martin County, FL (population 140,000) in 2006 Assistant City Engineer, Melbourne, FL (population 75,000) in 2008 City Engineer, Sunny Isles Beach, FL (population 17,000) in 2006 Staff Engineer, Wellington, FL (population 55,000) in 2009 Completed Searches – Facilities Management Director, Performing Arts & Convention Center, Federal Way, WA (population 92,700) in 2015 Director, Landscaping, Weston, FL (population 65,300) in 2013 Completed Searches – Finance and Budget Finance Director, Altus, OK (population 19,800) (background check) in 2012 Finance Director, College Park, MD (population 32,256) in 2016 Procurement Director, Collier County, FL (population 357,305) in 2016 Finance Director, Danville, VA (population 43,000) in 2014 Finance Director, Daytona Beach, FL (population 31,860) in 2012 807 Governmental Search Assignments (continued) A-9 Completed Searches – Finance and Budget (continued) Finance Director, DeLand, FL (population 28,230) in 2016 Finance Director, Escambia County (FL) Housing Authority (population served: 302,700), 2014 Chief Financial Officer, Estero, FL (population 36,939) in 2022 Finance Director, Fort Walton Beach, FL (population 20,000) in 2006 Finance Director, Gainesville, FL (population 133,857) in 2020 Finance Director, Groveland, FL (population 12,493) in 2018 Director, Management & Financial Services, Loudoun County, VA (population 326,000) in 2012 Manager, Office of Management & Budget, Lake Worth Beach, FL (population 37,000) in 2010 Finance Director, Lauderdale Lakes, FL (population 32,000) in 1998 Finance Director, Miami, FL (population 408,000) in 2013 Finance Director, Miramar, FL (population 130,300) in 2016 Treasurer, Miami, FL (population (408,000) in 2013 Finance Director, Oregon City, OR (population 31,860) in 2012 Finance Director, Petersburg, VA (population 32,701) in 2017 Finance Director, Roanoke, VA (population 99,000) in 2014 Director of Finance and Administration, Roanoke Regional Airport, Roanoke, VA, in 2014 Revenue Operations Director, Savannah, GA (population 142,800) in 2017 Budget Director, St. Petersburg, FL (population 248,000) in 2009 Finance Director, St. Petersburg, FL (population 248,000) in 2010 Finance Director, Sunny Isles Beach, FL (population 17,000) in 2010 Finance Director, Surfside, FL (population 5,700) in 2012 Finance Director, Tamarac, FL (population 55,500) in 2005 and 2009 Finance Director, West Palm Beach, FL (population 101,000) in 2007 Chief Financial Officer, Winter Springs, FL (population 36,342) in 2022 Completed Searches – Fire/EMS/Dispatch Fire Chief, Cape Coral, FL (population 154,300) in 2013 Fire Chief, Lauderdale Lakes, FL (population 32,000) in 1999 Executive Director, South Sound 911 (serves a population of 808,000), Tacoma, WA, in 2013 Fire Chief, St. Lucie County Fire District, FL (population 298,600) in 2018 Fire Chief, West Palm Beach, FL (population 101,000) in 2005 Completed Searches – General Services / Administration General Services Director, Loudoun County, VA (population 349,700) in 2015 Completed Searches – Housing/Building Building Official, Jupiter Island, FL (population 580) in 2005 and 2010 Building Official, Miami Beach, FL (population 91,000) in 2005 Building Official, Sewall’s Point, FL (population 2,000) in 2006 Building Official, Tamarac, FL (population 55,000) in 2008 808 Governmental Search Assignments (continued) A-10 Completed Searches – Human Resources Human Resources Director, Boca Raton, FL (population 84,000) in 2006 Human Resources Director, Cape Coral, FL (population 154,300) in 2013 Director, Human Resources, Gainesville, FL (population 125,000) in 2014 Director of Personnel, Fulton County, GA (population 992,000) in 2010 Director, Human Resources, Hillsborough County, FL (population 1,292,000) in 2015 Human Resources Office, Loudoun County, VA (population 326,000) in 2011 Human Resources Administrator, Martin County, FL (population 140,000) in 2007 Personnel Director, North Miami, FL (population 56,000) in 2001 Director, Human Resources, Sunrise, FL (population 88,800) in 2015 Director, Human Resources, Roanoke, VA (population 99,000) in 2014 Personnel Director, Vero Beach, FL (population 17,900) in 2003 Human Resources Director, West Palm Beach, FL (101,900) in 2013 and 2014 Completed Searches – Health and Human Services Director, Health and Human Services, St. Johns County, FL (population 162,000) in 2010 Completed Searches – Information Technology Information Services Director, Cooper City, FL (population 33,382) in 2017 Information Services Director, Lauderdale Lakes, FL (population 32,000) in 1998 Information Services Director, Palm Beach County Tax Collector (population 1,300,000), Palm Beach County, FL in 2012 (partial search) Chief Information Officer, Weston, FL (population 65,300) in 2015 Completed Searches – Parks/Recreation/Libraries Parks and Recreation Director, Cape Coral, FL (population 179,804) in 2018 Parks and Recreation Director, Deerfield Beach, FL (population 78,041) in 2017 and 2019 Director, Parks, Recreation, & Conservation, Hillsborough County, FL (pop. 1,292,000) in 2015 Director, Parks and Recreation, Hobbs, NM (population (35,000) in 2014 District Manager, Holiday Park Recreation District, Palm Bay, FL (population 1,400) in 2007 Libraries and Information Services Director, Newport News, VA (population 183,000) in 2017 Library Services Director, St. Johns County, FL (population 162,000) in 2007 Parks and Recreation Director, West Palm Beach, FL (population 101,000) in 2006 Parks and Recreation Director, Weston, FL (population 70,015) in 2019 809 Governmental Search Assignments (continued) A-11 Completed Searches – Police Police Chief, Farmington, NM (population 45,900) in 2014 Police Chief, Golden Beach, FL (population 355) in 2011 (partial search) Police Chief, Indian Creek Village, FL (population 89) in 2022 Police Chief, Lauderhill, FL (population 66,900) in 2011 (partial search) Police Chief, Melbourne, FL (population 76,000) in 2011 (partial search) Chief of Police, Mooresville, NC (population 35,300) in 2016 Police Chief, Petersburg, VA (population 32,701) in 2017 Director of Administration – Public Safety, Ocean Reef Community Association, Key Largo, FL in 2016 Police Chief, Sewall’s Point, FL (population 2,000) in 2007 Police Chief, St. Augustine Beach, FL (population 6,200) in 2012 Police Chief, Sunny Isles Beach, FL (population 17,000) in 2010 Police Chief, Winchester, VA (population 27,216) in 2017 Completed Searches – Public Works Public Works Director, Aventura, FL (population 37,200) in 2016 Public Works Director, Camden County, GA (population 53,044) in 2019 Solid Waste Director, Camden County, GA (population 53,044) in 2018 Public Works Director, Chandler, AZ (population 250,000) in 2007 General Manager, Chittenden Solid Waste District, Williston, VT (population 157,461) in 2016 Executive Director, Northern Palm Beach Improvement District, Palm Beach Gardens, FL (population 200,000) in 2003 Vice President, Public Works & Operations, Ocean Reef Community Association (population 2,000), Key Largo, FL, in 2001 Executive Director, Environment and Infrastructure, Pinellas County, FL (pop. 917,000) in 2012 Public Works Administrator, Renton, WA (population 100,953) in 2020 Public Works Director, Sammamish, WA (60,000) in 2016 Director/Capital Projects Manager/City Engineer, Sunny Isles Beach, FL (pop. 17,000) in 2007 Assistant Public Works Director, Sumter County, FL (107,000) in 2015 Assistant Public Works Director, Sunny Isles Beach, FL (population 17,000) in 2008 Public Works Director, Tamarac, FL (population 55,500) in 2003 Solid Waste Director, Tampa, FL (population 335,700) in 2014 Director, Landscaping, Weston, FL (population 65,300) in 2013 Completed Searches – Transportation Chief Executive Officer, Chatham Area Transit, Savannah, GA (population served 286,900) in 2016 and 2022 810 Governmental Search Assignments (continued) A-12 Completed Searches – Utilities Water Resources Director, Asheville, NC (population 87,200) in 2015 General Manager, Beaufort-Jasper &; Sewer Authority, SC (population served 150,000) in 2023 Executive Director, Cape Fear Utility Authority, Wilmington, NC (population served 230,000) in 2021 Utility Director, Danville, VA (population 43,000) in 2015 Power & Light Division Director, Danville, VA (population 43,000) in 2015 Water and Gas Director, Danville, VA (population 43,000) in 2016 Utilities Manager, Deerfield Beach, FL (population 78,041) in 2017 Watershed Management (Water and Wastewater) Director, DeKalb County, GA (population 691,900) in 2011 and 2013 Executive Director, Des Moines (IA) Water Works (serves a population of over 500,000) in 2012 and 2020 Executive Director, Emerald Coast Utilities Authority, Pensacola, FL (population served 300,000) in 2020 Executive Director, Florida Keys Aqueduct Authority, Key West, FL (pop. 90,000) in 2003 General Manager, Island Water Association, Sanibel, FL in 2018 Utilities Director, Lake Worth, FL (population 37,000) in 2009 Deputy Water & Sewer Director, Miami-Dade County, FL (population 2.706 million) in 2023 Waterworks Director, Newport News, VA (population 183,000) in 2017 Executive Director, Onslow Water & Sewer Authority, Jacksonville, NC, (pop. 160,000) in 2009 Utilities Director, Palm Bay, FL (population 101,000) in 2005 Utilities Director, Panama City, FL (population 38,286) in 2017 Executive Director, Environment and Infrastructure, Pinellas County, FL (pop. 917,000) in 2012 Executive Director, Sewerage and Water Board of New Orleans, LA (population 369,000) in 2013 Customer Service Chief (a C Suite level position), Sewerage and Water Board of New Orleans, LA (population 369,000) in 2020 Director, South Martin Regional Utilities, FL (population 22,000) in 2013 Executive Director, Spartanburg Water, SC (population served 327,997) in 2022 Water (Wastewater) Resources Director, St. Petersburg, FL (population 248,000) in 2008 General Manager, Tampa Bay Water, FL (population served 2,400,000) in 2008 and 2021 Chief Operating Officer, Tampa Bay Water, FL (population served 2,400,000) in 2022 Completed Searches – Work Force Management Director, Office of Economic & Workforce Development, Durham, NC (pop. on 220,000), 2009 Completed Searches – Other Chief Operating Officer, Amelia Island Plantation Community Association, FL (population 3,000) in 2016 811 Governmental Search Assignments (continued) A-13 Completed Searches – Other (continued) Clerk to the County Commission, Fulton County, GA (population 1.02 million) in 2018 Director, Registrations and Elections, Fulton County, GA (population 992,000) in 2009 Special Projects Coordinator, Islamorada, Village of Islands, FL (population 7,500) in 1998 City Clerk, Lauderdale Lakes, FL (population 32,000) in 1998 Assistant to the City Manager, North Myrtle Beach, SC (18,790) in 2023 Vice President for Administration, Ocean Reef Communication Association, Key Largo, FL in 2017 Environmental Resources Director, St. Lucie County, FL (population 261,000) in 2009 812 Appendix B Sample Brochure: General Manager Tampa Bay Water, FL 813 CITY MANAGER | v CRESCENT CITY, FLORIDA GENERAL MANAGER/CEO | Apply by July 16, 2021 — POSITION AVAILABLE — 814 General Manager/Ceo | Tampa Bay Water2 � − 815 General Manager/Ceo | Tampa Bay Water816 General Manager/Ceo | Tampa Bay Water4 Table1:Pasco,Pinellas,andHillsboroughCountiesDemographics 38,010 817 General Manager/Ceo | Tampa Bay Water5 � Figure1:TampaBayRegionCounties 818 General Manager/Ceo | Tampa Bay Water BoardofDirectors GeneralManager(2) WaterProductionDivision (73employeesincluding 12inEngineering) HumanResources Department (2Employees) PublicAffairsDivision (5Employees) Science&Technology Division (43Employees) Finance&Administration Division (30Employees) Figure2:TampaBayWaterOrganizationChart 819 General Manager/Ceo | Tampa Bay Water7 Figure3:WaterDeliveredOverTimetoMemberGovernments 820 General Manager/Ceo | Tampa Bay Water � − Figure3:ProjectedTampaBayWaterDemandThru2040 821 General Manager/Ceo | Tampa Bay Water9 � 822 General Manager/Ceo | Tampa Bay Water823 General Manager/Ceo | Tampa Bay Water11824 General Manager/Ceo | Tampa Bay Water �t � � 825 General Manager/Ceo | Tampa Bay Water13826 Appendix C Sample Candidate Report 827 C-1 Sample Candidate Report [Note: The following materials are provided with the permission of the candidate.] 828 C-2 TABLE OF CONTENTS PAGE COVER LETTER AND RESUME 1 CANDIDATE INTRODUCTION 7 BACKGROUND CHECKS 15 CB&A REFERENCE NOTES 19 INTERNET SEARCH 35 829 C-3 Cover Letter and Resume 830 C-4 831 C-5 832 C-6 Candidate Introduction 833 Rob Hernandez C-7 EDUCATION • Master of Public Administration, Nova Southeastern University • Bachelor of Public Administration, Florida International University EXPERIENCE • Deputy City Manager; City of Fort Lauderdale, FL 2019 – Present • City Manager; City of Savannah, GA 2016 – 2019 • Deputy County Administrator; Broward County, FL 2013 – 2016 • Deputy City Manager; Coral Springs, FL 2011 – 2013 • Deputy County Manager; Fulton County, GA 2008 – 2011 BACKGROUND Fort Lauderdale is the largest municipality in Broward County and the ninth most populated city in Florida, slightly ahead of Cape Coral. Smaller in geographic area than Cape Coral, the city encompasses 38 square miles with a population of 186,220. A popular tourism destination, the city is often referred to as the “Venice of America” because of its many inland waterways, not too dissimilar to Cape Coral’s “Water Wonderland” designation. The City of Fort Lauderdale is a full-service municipal corporation that provides police protection, fire-rescue services, parks and recreation programs, potable drinking water to a service area both within and outside the City limits along with wastewater collection and treatment, sanitation services, development regulation, parking, and street maintenance. The City also operates a general aviation airport, a downtown heliport, an aquatic complex, and an auditorium. Its current general fund budget is more than $373.7 million or $832.7 million in total. As the deputy city manager, I assist the city manager in overseeing municipal operations, specifically coordinating the activities of the Transportation and Mobility, Public Works, Sustainable Development and Parks and Recreation departments. Collectively these departments have a combined operating budget of $380 million and 1,527 full-time employees. The three most critical issues facing the city are: • Infrastructure • Resiliency • Affordable Housing Both Fort Lauderdale and Cape Coral have identified infrastructure as key elements of their adopted strategic plans. Fort Lauderdale’s emphasis is by necessity due to a series of recent high- profile infrastructure failures and a state mandated consent order. Fort Lauderdale’s initial development boom occurred between the 1950s and 1970s during which the majority of the city’s 834 Rob Hernandez C-8 infrastructure was installed. Materials of that era include cast iron pipe which is now failing regularly as a result of corrosion and erosion. From the 1990s until today, the city experienced a vertical development boom witnessed by large-scale redevelopment on its barrier island and downtown. This explosive growth was not matched by investments in infrastructure capacity, redundancy, and resiliency. Missteps occurred along the way, including transferring more than $20 million annually from the Water and Sewer Fund to the General Fund as a “return on investment”, reduction in preventative maintenance activities, and failure to modernize its primary water treatment plant. The consequences of these decisions would surface years later as sewer main breaks, water line breaks, and flooding would disrupt life throughout the city. The City has identified more than $1.2 billion in needed infrastructure improvements over the next 25 years. In addition to rectifying years of disinvestment in its water utilities, the City’s park system and public safety facilities have suffered a similar fate. The City is now implementing a $200 million parks bond and $100 million replacement police headquarters bond referendum to improve those facilities. Sea level rise is Fort Lauderdale’s second biggest issue. Fort Lauderdale has made adaptation to climate change and rising sea levels a top priority. Many neighborhoods in Fort Lauderdale now experience chronic flooding on a regular basis. According to recent projections issued by the Southeast Regional Climate Change Compact, 10-17 inches of sea level rise by 2040 and 21-64 inches are possible by 2070. The City now requires the impact of sea level rise to be incorporated in future infrastructure master plans. Also, City-owned seawalls are being replaced and elevated, tidal valves have been installed in flood-prone areas, and the City is exploring the feasibility of raising road elevations in certain neighborhoods that are threatened by sea level rise. Fort Lauderdale’s housing costs are now among the highest in the nation. More than 60 percent of households in the city spend more than 30 percent of their income on housing. The price of single- family homes has increased 41 percent since 2013. In 2018, the median sale price for a three- bedroom home was $440,000. A four-bedroom home is now $835,000. Given the high cost of homeownership, many are forced to rent; however, rental costs are equally unaffordable with the average two-bedroom rental costing $2,705 monthly. Three bedrooms, $3,204. The City is attempting to incentivize various housing types to support all income groups by providing zoning incentives such as height and density bonuses, no- or low-interest loans, or grants to developers to facilitate the construction of more affordable units. Without an affordable and diverse housing stock, the city, county, and region will not succeed in creating a diversified and balanced economy. GENERAL MANAGEMENT STYLE AND EXPERIENCE Cape Coral is a jewel for public administration professionals to practice their craft in a progressive environment. The challenges in Cape Coral are similar to those I have faced throughout my career as a city manager or deputy manager. For those reasons, I believe that the combination of my experience as a proven leader understanding local government in Florida, the ability to work with elected and appointed officials and the ability to understand and solve problems will allow me to excel as Cape Coral’s next city manager. 835 Rob Hernandez C-9 Many can manage but few can lead. Management is something I did earlier in my career; at this point in my professional career and personal life, I believe it is more important to exercise leadership. As leaders, we must communicate a clear vision and direction. We must demonstrate a passion for what we do – that is, to make a difference every day. For me, leadership is situational. When time, resources, and skills permit, my leadership style is participatory and collaborative. In other circumstances, it must be directive. Great leadership is infectious. People are your greatest assets. It is important to create an environment where people want to work hard by making things fun, challenging, and rewarding. I believe in building a positive work climate where people are appreciated and valued. I like to consider myself a “macromanager” rather than a micromanager. I view my role as explaining the project or task, the expected result and deadline, and monitoring performance on a regular basis. I track projects and assignments using a Sharepoint site and meet with staff on a routine basis to review progress. I meet with staff more frequently on an as-needed basis. I describe what needs to be done, provide them the resources, get out of their way, and hold them accountable. So far, I think this approach has worked. I am confident that staff and elected officials would describe me as professional, thorough, hard- working, ethical, honest, opinionated, and transparent. They would hopefully view me as engaged, participative and inclusive and valuing open communication and feedback, while also allowing for empowerment and accountability. Two strengths that others will point to are my transparency and ability to make strategic decisions. In terms of a weakness, I believe that my commitment to my organization and loyalty to my teammates has led others to conclude that I can be defensive at times. Regarding performance measurement, I believe it starts at the top with the governing body establishing a clear strategic vision for the organization, and cascades downward. Once key strategic objectives are defined by the governing board, it is the manager’s job to develop strategies to meet those strategic objectives. Business units then must identify those operational efforts and measures that are aligned with the strategies and long-term objectives. Those help form the basis for developing individual performance measures that are included in performance reviews. In terms of a significant professional achievement, the revitalization of the Fulton Industrial District (FID) in metro-Atlanta, one the largest industrial, warehousing and logistics centers in the southeastern United States, is one that I am most proud of. In the fall of 2008, I toured FID as Fulton County’s new deputy county manager. What was once a leading center of economic activity was now rife with rampant prostitution, open drug sales, shuttered buildings, neglect, and decay. FID was well into a state of decline that began in the 1980s as its warehouses were abandoned for taller and larger ones elsewhere and manufacturing disappeared overseas. I observed conditions that I had never seen in my career until that day. Families called extended stay motels home. A police detective explained how FID was the child prostitution hub for the entire metropolitan Atlanta region. After a woman was found locked in a dog crate in one of FIDs many hotels, I was horrified and said: “not anymore – not on my watch.” 836 Rob Hernandez C-10 For the next three years, we made it our mission to make FID better. We used every conceivable resource within county government and put together a team of county agencies that included everything from arts to zoning. We rolled up our sleeves and went to work. We attacked the issues from every angle: from health to human services to public safety. With the help of a dedicated team, we accomplished a remarkable turnaround that included: • Adoption of the Fulton Industrial Redevelopment Framework • Designation by the State as an “Opportunity Zone”, providing needed economic incentives • Establishment of the Fulton Industrial Community Improvement District, a self-taxing entity to take on area wide governance and improvements • Establishment of the South Fulton Service Center which relocated two county commissioners, police, fire, and all other unincorporated area services to FID Today, FID is healthy and vibrant. It is now a place where businesses invest rather than flee. My biggest disappointment thus far involves the establishment of a fire assessment fee in Savannah. A $14 million budget deficit welcomed me upon arriving in Savannah in October 2016. As I tackled the deficit with my new team members, I realized the City had a structural imbalance that needed a long-term solution. Although revenue growth was respectable, it lagged projected expenditures well into the future. Working with the city council, we agreed to a stopgap approach for Fiscal Year 2017 with the understanding that we would bring back long-term options the following year. Fiscal Year 2018 presented a $12 million imbalance and to address it, I proposed a fire service assessment using an approach and the same consulting firm as Cape Coral. After spending considerable time and effort creating such a fee, the city council adopted the budget with this fee. The fee provided financial stability, allowed us to lower the millage rate, and provided resources to address capital needs and service priorities. The fee was controversial and faced stiff public resistance. Continued opposition to the fee caused the city council to reverse its decision midway through the fiscal year, requiring us to identify more than $16 million in new revenue and expenditure reductions. Rescinding a budget halfway through the fiscal year was disruptive to operations. In retrospect, I did not anticipate such stiff opposition since we held more than 60 community meetings and thought we had obtained community buy-in to the extent we could. Newspaper editorials supported our approach. In the end, the fire assessment was reversed, the equivalent of two engine companies eliminated from the fire department’s budget, and the millage rate increased. The painful lesson I learned throughout all of this is that local government must do a better job educating the public on how well it is performing and safeguarding the public’s resources. It was a painful lesson – it still hurts to sit to this day. Employee terminations are always an unfortunate aspect of what we do as leaders. Unfortunately, I have had to dismiss employees throughout my career for poor performance or poor leadership. While it is never an encounter that brings pleasure or satisfaction, these separations were not a surprise to the affected individual. In every instance the individual was counseled and made aware of performance deficiencies beforehand, corrective actions identified, and the consequences of not meeting the performance standards explained. I hope that in every instance, I treated the employee with respect and dignity. I allowed them to “write their final chapter” with the organization and 837 Rob Hernandez C-11 allowed them to leave at the top of their game with a celebration of their accomplishments to the organization. The issues and challenges facing Cape Coral’s next city manager are: • Leading in the Post COVID-19 Era. • Ensuring continued Smart Growth. • Continuing to expand and upgrade critical infrastructure. Sadly, Cape Coral’s next city manager will have to lead the organization through the aftermath of Covid-19’s devastation. Although the City has a diversified revenue base not overly dependent on one specific funding source, it can expect revenues of all types to be impacted. While the financial realities of the pandemic will become clearer in the months to come, Cape Coral’s next city manager will need to assess the financial impacts and determine how to continue basic municipal services, allow for certain aspects of the local economy to resume and balance the workforce and service demands with the new fiscal realities. Second, Cape Coral’s next city manager will need to continue to position the city for growth once the post-COVID 19 recovery begins to take shape. The City will need to continue progressive land use policies and zoning incentives to attract orderly and smart development to greenfields and redevelopment. Promoting growth in the tax base and employment for the city’s residents must be a top priority. Fortunately, Cape Coral is well-positioned to attract further economic investment once the nation and the state adjust to the realities of the post-pandemic world. Finally, investments in infrastructure must continue to drive the next city manager’s agenda. During difficult times, many municipalities defer or eliminate investments in critical infrastructure improvements. This is a grave mistake and the next city manager must avoid the urge to gut capital investment plans. Since capital investments are long-term in nature, it is important that Cape Coral’s next city manager appreciates the need to ensure adequate investments are made in all facets of municipal infrastructure including roadways, water utilities, facilities, and information systems. For Cape Coral, this includes expanding infrastructure utilities to areas currently not served plus parks and open space to accommodate neighborhood growth. The benefits of such continued investment will pay off in the longer-term. It is important to take a long-term view rather than an immediate one, however painful it may be. If selected for the position, during my first six months I will: • Listen, listen, and listen to understand issues, challenges, and desires of all stakeholders: elected officials, neighborhood groups, organized labor, business community, education representatives, the local media, and others; • Forge a close relationship with the City Council and Mayor; • Review goals and objectives for the organization with the Mayor and City Council; • Reach out to department directors and learn about their challenges, priorities, and programs; 838 Rob Hernandez C-12 • Meet as many employees as possible by conducting several “town hall” sessions; • Establish trust and credibility with all stakeholders; and. • Become familiar with the community and it is culture. As for media relations, I appreciate the work the media does. The media can be a great asset if managed properly and cultivated. Being open and honest with them is important. Integrity is an essential part of the relationship with the media. In Savannah, I practiced an open-door policy with the media and reserved a better part of Tuesdays to meet with them. I am not aware of anything in my background that could be considered embarrassing to a potential client. Social media is an effective tool in keeping the public informed and is changing how government communicates with its various constituencies. I have used social media, primarily twitter, to keep interested individuals informed with short briefs on an issue. This helped us shape our story and put us in leading the community conversation rather than delegating that role to media. I have used social media to help sustain interest on an issue and to keep the public informed on upcoming discussions or significant events. During workshops or regular meetings of my elected body, we would “tweet” aspects of the discussion. In Fort Lauderdale, we rely on ZenCity to help us mine social media on a regular basis to help us gauge public sentiment on a variety of issues. There is “no dirt” on me. I live a clean, simple life, prefer to tell things as I see it, and sleep well at night. I also treat people with professionalism and respect. I am honestly not aware of anything in my professional or personal lives that could be viewed negatively. However, while serving as the city manager of Savannah, there were a few individuals who were not supportive of my efforts or views. You may find some blogs critical of my opinion on building materials in the city’s landmark historic district, my hesitance in assuming the operating costs of a regional expressway, and of the ill-fated fire assessment. Regardless, I always conducted myself professionally and never brought any negative attention to the elected officials or the organization I worked for. My personal interests include the outdoors and pursuing home improvement projects. ADJECTIVES OR PHRASES THAT DESCRIBE ME: Driven, Professional, Focused, Disciplined, Organized, Thorough REASONS FOR CONSIDERING LEAVING CURRENT POSITION: I am considering opportunities beyond Fort Lauderdale because I believe that I can have a greater impact on an organization and a community by serving in the top leadership role. CURRENT SALARY +/- $217,000 plus $4,680 auto allowance and $1,310 cell phone allowance. 839 Section 7 C-13 CB&A Background Checks 840 Section 7 Background Check Summary for ROBERTO HERNANDEZ C-14 Criminal Records Checks: Nationwide Criminal Records Search No Records Found County Broward County, FL No Records Found Chatham County, GA No Records Found Fulton County, GA No Records Found State Florida No Records Found Georgia No Records Found Civil Records Checks: County Broward County, FL No Records Found Chatham County, GA No Records Found Fulton County, GA No Records Found Federal Florida No Records Found Georgia No Records Found Motor Vehicle Florida No Records Found Credit Very Good Bankruptcy No Records Found Education Confirmed Employment Confirmed Under the Fair Credit Reporting Act, 15 U.S.C. 1681-1681Y, credit and bankruptcy information are very sensitive and should not be used be in the consideration of hiring. The information is included for each candidate because we do not want you to be surprised if third parties raise what they consider to be a concern. 841 Section 7 Background Check Summary for ROBERTO HERNANDEZ Personal Disclosure C-15 842 C-16 CB&A Reference Notes 843 Reference Notes Roberto “Rob” Hernandez C-17 Elizabeth Taschereau – Director of Developmental Services, City of Margate, FL 954-884-3686 954-218-9798 Ms. Taschereau has known Mr. Hernandez since 2011 when he was hired as the Deputy City Manager for Coral Springs. She was the Community Redevelopment Agency Coordinator and reported to him. She later followed him from Coral Springs to the Savannah when he became the City Manager. She had enjoyed working for him and had wanted to continue learning from him so much that she willingly commuted between her home in Florida to her job in Georgia. After he left Savannah to go to Fort Lauderdale, she also left. Mr. Hernandez was a successful and professional leader. He had strong project and time management skills. Ms. Taschereau especially admired how well he kept track of numerous project deadlines on his calendar, which she had access to when working under him. He worked well with team and delegated excellently. The only possible weakness he had was his high expectations. He strove to accomplish much, and he expected his staff to perform similarly. Such expectations may have been overwhelming for some who were unsure of their abilities to accomplish their tasks. However, staff members were able to look back and be amazed by how much and how well they accomplished those tasks. Though his high expectations were a challenge for some, many Cities turned around for the better because of his drive. Mr. Hernandez worked on numerous high profile projects, such as building a new city hall. The old city hall was built in 1905. It was very much out of date and far too small for a city of Savannah’s size. That said, building a new city hall spurred a great deal of controversy over architecture and location. Recognizing it as a critical need, Mr. Hernandez took charge of the project and eventually achieved community acceptance of the building’s location downtown and of the architecture. It all came about in approximately a year and a half and the new city hall celebrated its grand opening in 2018. Another significant project he worked on as upgrading the City’s arena while working with a management company. He was able to renovate the facility while negotiating a contract that was eventually approved by the County Commissioner. It was a huge accomplishment. Mr. Hernandez was very inclusive of employees in projects, meetings, emails, status reports, memos, and other forms of communication. He communicated in a way they easily understood, and he expected his staff to communicate with him. Such an inclusive mindset was different for staff from the Cities of Coral Springs and Savannah, where the culture was less inclusive. He managed several internal and external projects that involved multiple people across different divisions. Many commented how they had not enjoyed such high communication levels before Mr. Hernandez came. Previously, little communication occurred between divisions. As such, decisions were delayed and less efficient. When he effectively included different groups to integrate on multi-division projects. He helped projects move forward. Mr. Hernandez also generally made good decisions. He had high integrity. He made the best recommendations and decisions possible for the community as a whole. He did consider the input of groups with special interests, but he strove to make the best possible decision. He also made good decisions with staff members. For example, he reorganized the Savannah City staff, which 844 Reference Notes Roberto “Rob” Hernandez C-18 composed of approximately 2,400 employees. This momentous change created openings, which he filled with sharp and high performing individuals. The new employees immediately began planning and establishing standard procedures. The City began to change, and consequently, so did the community. Furthermore, Mr. Hernandez greatly believed in committees. He formed several committees with the Human Resource Department and with staff, sometimes even bringing in external panel members if necessary. He wanted people in high-level positions to make decisions together. As a great public speaker, Mr. Hernandez worked well with the public. He always remained composed and professional. He had excellent presentation skills. People were generally perceptive to his ideas when he spoke, and he communicated well when invited to speak for different organizations. Even if some people at those meetings were exceedingly unprofessional toward him, he managed himself well. He performed well despite those difficulties. In addition, Mr. Hernandez worked well with individuals. He educated others, providing recommendations on what the Mayor and others needed to vote on. Because of these interpersonal abilities, Mayor and Councilmembers voted on multiple successful projects. Moreover, Mr. Hernandez had good financial skills. He used a hands-on approach with the city budget and worked closely with chief financial officers and the Budget Director. He wanted to ensure he understood the budget accurately. Though a change agent, Mr. Hernandez did not seek change for the sake of change. He carefully evaluated a City’s situation, whether involving technology, processes, or even City culture. He observed how others managed tasks before he made necessary changes to keep the City moving forward. Ms. Taschereau has done her best to incorporate this valuable lesson into her own leadership skills. Also, Mr. Hernandez an effective problem solver. He solved numerous issues that had existed for long periods of time. Some problems required many changes and more money, which made certain solutions difficult to implement. He attempted to solve these, and then he put plans into place to initiate these necessary changes once enough resources were available. Other problems were out of his realm of influence. As such, Mr. Hernandez made good recommendations, even if people did not follow his advice. Ms. Taschereau is unaware of anything in Mr. Hernandez’ personal or professional background that will concern a future employer. She would definitely hire him if possible. As someone who has worked for him, she knows how good he is at overcoming challenges and managing a city. Mr. Hernandez is passionate about municipal work. He wants his employers to be high-performing organizations. He has been and will continue to be a very good Manager. Words or phrases used to describe Roberto Hernandez: • Successful, • Professional, • Collaborative, • Inclusive, • High integrity, • Good speaker, and • Influential. 845 Reference Notes Roberto “Rob” Hernandez C-19 Strengths: Project management, leadership and staff management, presentation abilities, financial understanding. Weaknesses: His high expectations can be daunting at time, but his expectations drive people to accomplish goals they previously thought they were incapable of achieving. Skye Patrick – former Director of Libraries, Broward County, FL 562-940-8400 562-659-1155 Ms. Patrick has known Mr. Hernandez since 2014. She really enjoyed working with him and learned much from him. Public Administration was Mr. Hernandez’s strong suit. He was thoughtful and he understood County policy and procedures very well, which meant he navigated in a way that was very helpful to his department. He did not know much about the library system when he was hired, but he studied and learned about how they operate and developed a good understanding. The Directors hired by Mr. Hernandez were very good selections. He sat on the panel that hired the Finance and Business Administrator, and helped with the searches for the Aviation Director and Human Services. When making decisions in general he was very thoughtful and took the time to gather information. In general, Mr. Hernandez maintained the organization at a high level and had learned from his department heads to be innovative and creative. They had a monthly meeting where Mr. Hernandez provided information on organizational changes. Ms. Patrick headed a very large organization with many issues. He was always available and responsive. Some community members were very aggressive. Mr. Hernandez took the time to attend both scheduled and off the cuff meetings with individuals who had concerns about an issue. His openness and willingness to address an issue immediately, without any delay, was impressive. In his capacity Mr. Hernandez really tried to lead the organization, and was creative and thoughtful in meeting goals. He worked very well with the Board, which consisted of nine voices with sometimes conflicting concerns. He protected the department heads when necessary and did a great job balancing the administration and the politics, which is no small feat. Several major personnel issues involving union members were escalated to upper management. Mr. Hernandez was not required to attend the meetings but he came to help negotiations. The union had between 500 and 600 members. He helped navigate the very rocky road between the union relationship and County protocol. He showed great initiative in addressing problems that existing prior to his arrival. He helped resolve long-standing issues in only 2 to 3 meetings. Mr. Hernandez was given directives to create a business plan for the new Panther Stadium. The process took several months and he worked with several departments to create the business model. He also worked on a new transportation plan that was very complex. The process has spanned for several years and involves 15 of the 31 cities in Broward County. 846 Reference Notes Roberto “Rob” Hernandez C-20 They were short 800k in a capital budget of $5 million dollars. Mr. Hernandez worked with the staff to review the overall budget and prioritize projects. Several of the big-ticket items related to technology were prioritized, and he found a way to upgrade their enterprise software. They only knew each other for a few years, but Ms. Patrick does not know anything controversial that involves Mr. Hernandez. Broward County has a $6.5 million dollar budget with 31 cities plus some incorporated areas. Ms. Patrick would hire Mr. Hernandez and feels he is well suited to run a community the size of Broward County or slightly larger. Every department head he worked with has a positive opinion of his management and leadership qualities. Employees are comfortable working with him and felt very supported by him. He ensured that Ms. Patrick had the financial resources she needed. She confidently recommends him for a Manager position. Words or phrases used to describe Roberto Hernandez: • Extremely thoughtful, • Very intelligent, • Incredible business mind, • Perfectly capable administrator, • Incredible leadership qualities, and • Shows initiative and foresight to present quantifiable outcomes. Strengths: Thoughtful; understands policy and procedures; public administration; learns what he needs to know. Weaknesses: He could have a greater understanding of the different lines of work that each department head was responsible for. Van Johnson – Mayor, City of Savannah, GA 912-651-5988 912-651-6444 Mr. Johnson worked with Mr. Hernandez between 2016 and 2019 when Mr. Hernandez became the Savannah City Manager. Mr. Johnson and Mr. Hernandez had a good relationship. Mr. Hernandez performed decently as City Manager. He was smart, strong-willed, and a hard worker. He was a workhorse who innovatively tried to find solutions to problems. He was always quite professional, cordial, and direct. At times, his passion and directness may have caused people to think Mr. Hernandez was emotional or overly direct. However, these traits were a function of his military background. Mr. Hernandez had good communication skills. He kept Mr. Johnson informed via email, phone, and personal communication when appropriate. Mr. Hernandez generally made good decisions and usually made good decisions when hiring personnel. He was customer service oriented. He accomplished tasks in a timely manner. Additionally, Mr. Hernandez tried to make the City to a high-performing organization. He recognized several structural financial issues within the City and put the City on track. He was 847 Reference Notes Roberto “Rob” Hernandez C-21 both a leader who rallied employees around the organization’s vision and a manager who oversaw processes behind a desk. He worked hard to effectively solve problems to the best of his abilities. For example, he brought about a strategic plan for the City, which had not existed prior to Mr. Hernandez’s arrival. He led the Council and the organization to determine a goals and priorities. The Savannah Forward strategic plan is still currently used. One of the largest criticisms against Mr. Hernandez was that he was less social than the public expected their Manager to be. Certainly, he was kind and polite. He had experience working with the public and sometimes was out in the public attending community meetings to represent the organization. However, he often worked more than he socialized. At times, Mr. Hernandez experienced some difficulties wading through the City’s Council- Manager form of government. These hardships were not entirely his fault because some councilmembers violated these lines at times. Usually, Mr. Hernandez persevered. Eventually, these challenges became too much for him to bear. For example, he proposed instituting a City fire fee similar to what Florida cities used to address the City’s structural deficits. The Council accepted the idea. However, when the public became upset with the fee, the Council blamed him for the failure. Furthermore, the previous Mayor needed a scapegoat for some of his poor decisions and blamed Mr. Hernandez – even though the City Manager only carried out decisions made by the City Council. Mr. Johnson is unaware of anything in Mr. Hernandez’s background that will concern a future employer. If given the opportunity to rehire Mr. Hernandez, Mr. Johnson would consider him as a candidate. Given the difficult circumstances in Savannah, Mr. Hernandez was a great Manager. Words or phrases used to describe Rob Hernandez: • Smart, • Strong-willed, • Hard worker, • Good work ethic, • Innovative, and • Professional. Strengths: Work ethic, innovative solution finding. Weaknesses: Mr. Hernandez’s passion and directness may have been misconstrued as being emotional or overly direct. Claudette Bruck – former Commissioner, City of Coral Springs, FL 954-562-2526 Ms. Bruck has known Mr. Hernandez since 2011. He was their Deputy City Manager for all too short of a time. They were sad to see him leave and would love to have him back. Mr. Hernandez was extremely bright, very diligent and focused. When he first came to the city he first stood back and analyzed the organization. When it was his turn to speak, he impressed 848 Reference Notes Roberto “Rob” Hernandez C-22 everyone. His presentations are flawless but factual. Everything he said was entirely trustworthy; he presented information he could stand behind. Their interactions were all professional. Mr. Hernandez was very respectful. He listened and was prompt in responding to inquiries. His decisions when hiring personnel were very good. He was innovative and operated at a high performance level. He listened, assessed a situation, and then came forward with an excellent recommendation. He was very experienced and innovative. Mr. Hernandez frequently gave presentations at workshops, commission meetings and community meetings and always did an excellent job. He had good rapport with the audience and a demeanor that invited trust. Mr. Hernandez kept the Commissioners informed as appropriate. The Manager’s office operated independently of the Commission. Rather than reporting in on a daily basis, they did so at special meetings or as needed. Mr. Hernandez did not have the opportunity to work one-on-one with residents, but he did present information about projects to the community. He was always prepared and answered questions on the spot. The Commission received much information from varying sources, and the information was not always accurate. They felt very fortunate to have Mr. Hernandez on staff and trusted his accuracy. He led the organization well because he earned the trust of employees. Mr. Hernandez played a significant role in pension discussions. He responded to questions at community and commission meetings. He followed through and was customer service oriented. He always did what said to do. He was not directly involved in the finance department or the creation of the budget, but he had a good understanding of the numbers. Ms. Bruck is unaware of any controversy involving Mr. Hernandez. She would hire him and feels he would be a great Manager. He was knowledgeable, experienced, task oriented, focused, and could always be trusted. His departure was a tremendous loss to Coral Springs. Words or phrases used to describe Roberto Hernandez: • Trustworthy, • Bright, • Quick study, • Serious about his position, • Honorable, and • Innovative. Strengths: Very thorough; brought an idea forward only after it had been thorough researched; good at identifying problems and determining solutions. Weaknesses: None identified. 849 Reference Notes Roberto “Rob” Hernandez C-23 Brooks Stillwell – former City Attorney, City of Savannah, GA 912-484-1690 Mr. Stillwell worked with Mr. Hernandez between 2016 and 2019. During this time, Mr. Stillwell was the Savannah City Attorney and Mr. Hernandez was the City Manager. They worked closely together daily and reported to the City Council. Mr. Hernandez was a great City Manager operationally. He worked hard and had good fiscal planning abilities. He had several good ideas for the City and was a good strategic planner. He possessed a long-term vision of what he wanted to accomplish and strove to quickly achieve those goals. He was driven and dedicated. Mr. Hernandez managed day-to-day operations exceptionally well. He worked well with staff members and those close to him in the office. He met with Mr. Stillwell during weekly meetings with City leaders and kept the City Attorney well informed. As a change agent, Mr. Hernandez came in and proposed several changes to help the City run better. He initiated several positive transformations, such as with implementing the City’s strategic plan. However, Mr. Hernandez implemented other changes too quickly for the historical City to handle. For example, he tried to completely change the City’s property exchange, planning, and financing. Each area’s change was tough individually, but all these at once were especially difficult to maintain. Savannah is a very unusual city. Its roots go back almost 300 years and Mr. Hernandez did not fully appreciate how the City’s unique historical culture differed from the culture found in his previous positions in Florida. In past jobs, he rarely handled city politics as the person second in charge. In Savannah, he had to involve himself more than he had previously done. The City traditionally expected the City Manager to be its Chief Executive Officer and to be heavily involved with the entire community outside of city government organization. As such, Mr. Hernandez had to work with county officials, chamber commerce, state legislature, and community leaders. Though Mr. Hernandez worked well with staff, he did not see community politics as part of his job, which was a large issue for the City. He frankly did not anticipate the public blowback from some of the programs he recommended the City Council implement. As such, he faced many challenges. Even though many of his ideas were conceptually good, Mr. Hernandez was unable to bring the public to side with his solutions. For example, he tried implementing a fire fee to unburden property owners’ taxes. He saw the fee as a method of fixing the City’s fiscal problem. Though he initially had the Council’s support, Mr. Hernandez eventually faced huge public backlash. Then some council members tried to politicize the plans which led to the fee being poorly implemented. Mr. Hernandez also tried to implement a union contract with the fire union, which ended up facing public blowback as well. He had little Council support because such a plan did not translate well to Georgia. Eventually, Mr. Hernandez left the City to return to Florida. Both his wife and he were unhappy with how rough this period was for them. He gave several months’ notice before his resignation. 850 Reference Notes Roberto “Rob” Hernandez C-24 Despite these issues, Mr. Hernandez was a great City Manager. He spoke well with public groups. He was an excellent fiscal manager. He generally made good decisions and hired personnel quite conscientiously. He was particularly customer service oriented. He was a leader who had a vision of how to accomplish goals and who tried to mold the City’s organizations to this vision. He accomplished tasks in a timely manner. He set goals and timeframes to move forward. He solved several problems effectively. He successfully implemented the complete reorganization of the City’s organizational department. He worked hard through stress to overcome issues. He also was outstanding with crisis management, such as when the City dealt with two hurricanes. Any future employer will need to discuss what they expect Mr. Hernandez to do and what he expects to do with public and community leadership. These clear explanations are critical. Mr. Hernandez will perform well under a strong County Manager or strong Mayor who assumes all roles of working with the public. Mr. Hernandez understands how this type of government is organized and will do well in this system. Mr. Hernandez was an excellent City Manager on a whole, just not for the City of Savannah. Mr. Stillwell is unaware of anything in Mr. Hernandez’s personal background that will concern a future employer. Though Mr. Stillwell would not rehire Mr. Hernandez for the City of Savannah, Mr. Stillwell would definitely hire Mr. Hernandez for most any other municipality. A future employer will not find a more dedicated, hardworking person who can implement ideas well. Mr. Hernandez has been and will continue to make a good Manager. Words or phrases used to describe Rob Hernandez: • Tremendously hardworking, • Good strategic planner, • Aggressive in a good way, • Dedicated, and • Visionary. Strengths: Long-term planning, fiscal planning, management skills. Weaknesses: Interacting with public and political leaders was hard for Mr. Hernandez, who was used to a more strictly managerial position. Zachary Williams – former Fulton County Manager, GA 404-990-6545 404-371-2881 Mr. Williams has known Mr. Hernandez since 1994. They worked closely from 2008 to 2011 when Mr. Hernandez was the Deputy County Manager. He did an excellent job. His work performance, personality, and interactions were outstanding. He was handpicked from South Florida to come and work for Mr. Williams. Mr. Hernandez had an excellent work relationship with his elected officials. They trusted that what he said to had been well researched. He earned their respect and represented Mr. Williams very well. 851 Reference Notes Roberto “Rob” Hernandez C-25 Once he had been given a problem to solve, Mr. Hernandez was tenacious. He marshaled resources and focused them through team building to get the job done. He did not shy away from challenges. He was patient when it was warranted; however, it did not come naturally to him. Mr. Hernandez preferred face-to-face interactions whenever possible. If meeting a person directly was not an option, then he used the phone. He was an excellent writer and could be successful using email; however, he had developed respect from his subordinates by meeting with them personally, listening to their issues, and explaining his thoughts. Depending on the nature of the decision that needed to be made, Mr. Hernandez responded quickly. Circumstances that required gathering facts may have taken him longer. He was not indecisive but rather took the appropriate amount of time to gather the information and opinions he needed to make good decisions. Mr. Hernandez hired good employees. In some instances where a hire did not work out, he did all he could to work with them. He went through exhausted hiring practices involving many stakeholders. He was analytical and used that to his advantage in the hiring process. Mr. Hernandez was innovative but did not try to change things just for the sake of change. He was mature enough to leave a process alone when it worked well. He had improved existing processes in Fulton County. Mr. Williams was proud of the redevelopment that was carried out on Fulton Industrial Boulevard. Under Mr. Hernandez’s leadership, an area known for drugs, prostitution, and crime had reversed its negative direction to become an area where businesses wanted to locate. Mr. Hernandez created momentum in this large container warehousing district. He acquired State funding and formed a commercial improvement district. There were very few tasks in public service Mr. Hernandez could not do well. He is ready to take the helm of an organization and become a Manager. Mr. Williams gives him his full and complete endorsement and support. Mr. Hernandez was one of the best public servants Mr. Williams has ever worked with. Words or phrases used to describe Roberto Hernandez: • Embodies what public service should be, • True believer in the mission to make other people’s lives better, • Tenacious, • Analytical, • Hardworking, and • Professional. Strengths: Problem solving; tenacity; marshaling resources; and team building. Weaknesses: He could be patient when it is warranted; however, it did not come naturally to him. 852 Reference Notes Roberto “Rob” Hernandez C-26 Dele Lowman – former Assistant to the County Manager, Fulton County, GA (404) 612-8331 Ms. Lowman worked with Mr. Hernandez in the Fulton County Manager’s Office. She had known him since 2003 where they worked together in Broward County. They had a good working relationship. He was very diligent and mission focused. When Mr. Hernandez first arrived in the Administrative Office in Broward, she was working as a graduate being mentored by the County Administrator. She was told to watch Mr. Hernandez and learn from how he took a task, broke it into small parts, and organized people to get the job done. If there was something he did not know he studied to become more effective. Mr. Hernandez and Ms. Lowman had philosophical differences yet got along quite well. His military background had shaped his personality and made him the driven person he was. He worked well with elected officials. He spent most of his time with the commissioner over the unincorporated areas. Though their interests were not always the same, they worked well together. He had the respect of the commissioners. Mr. Hernandez valued loyalty. His greatest strengths were diligence and following through. No matter how difficult a situation had become, he did what he needed to for the best interest of the community. Laser focus was both strength and a weakness for Mr. Hernandez. In his current role as second in command, he did what he was asked without stepping back to see if there was another way. If he was the final decision maker, perhaps that would have been different. Unlike many managers, Mr. Hernandez did not have an aversion to staff meetings. He liked to speak with people face-to-face. He was more than capable of interacting via telephone and email, but he favored the personal approach when dealing with direct reports. Mr. Hernandez was a great public speaker. He had a teaching background in the military. He interacted well with the public and dealt with residents often in the unincorporated area. One task Mr. Hernandez was asked to take on was building the first amphitheater on the south side of the county. It was an overwhelming project with an unreasonable timeline and difficult budget. He did an outstanding job and followed it through to opening day. There are certain people Ms. Lowman has worked with that she would hand pick to be on her team and Mr. Hernandez is one of them. She highly recommends hiring him. Words or phrases used to describe Roberto Hernandez: • Focused, • Reliable, • Diligent, • You can trust him to do what he says, • Professional and, • Hard working. 853 Reference Notes Roberto “Rob” Hernandez C-27 Strengths: Diligence; follow through; loyalty. Weaknesses: Laser focus, however he might step back if he were the manager. ______________________________________________________________________________ Bill Durrence – former Alderman, City of Savannah, GA 912-247-8108 Mr. Durrence worked with Mr. Hernandez between 2016 and 2019. At the time, Mr. Durrence was in his first term as Alderman. Mr. Durrence was one of the Savannah City Councilmembers who hired Mr. Hernandez to be City Manager. Mr. Durrence was one of Mr. Hernandez’s directors. Mr. Hernandez possessed an impressive and thorough understanding of the City. He had extensive knowledge from public works to finance. He was as open as possible with councilmembers. Even though working for nine directors made things complicated, Mr. Hernandez was exceptionally competent and provided numerous innovative ideas. He was good internally and developed good staff relationships. He accomplished tasks in a timely manner. He was highly skilled in running the City. Mr. Hernandez offered many solutions to the City’s issues. He helped councilmembers understand the reason for the City’s problematic budget stresses. Although the City was a successful destination for tourism, very little of that money went to the City’s coffers. Certainly, some sales tax revenue came to the City, but most went to businesses involved with tourism. Mr. Hernandez clearly identified the City’s financial stress points. As good as he was with finances, Mr. Hernandez struggled to maintain public posture as Savannah City Manager. First, he underappreciated the historical nature and character of the City that brought much community pride. Because historic landmarks and districts made the City different, many people expected solutions to be likewise unique. Local attitude often discouraged researching how other places solved similar problems. Mr. Hernandez’s approach to look at other cities’ solutions made people feel slighted. As such, he missed an opportunity to engage early and gain the public’s support. Second, he was generally more of a hands-on manager who seemed uncomfortable interacting in social management of a highly networked City. He was more comfortable rolling up his sleeves and working than being a public face for the City. Because he did not engage people to his side, he was less effective than he could have been. Mr. Hernandez generally made good decisions. He also hired well for many top staff members, including the Fire Chief, Police Chief, and Human Resources Director. He often reached out to other senior staff when looking for personnel, and this collaborative approach was helpful. Some personnel he inherited were not highly qualified for their positions. At one point, Mr. Hernandez successfully moved senior personnel to fill vacancies. Prior to this major shuffle, staff members were scattered all over the City, causing much unnecessary work. He consolidated staff, thus making processes more efficient. Occasionally, Mr. Hernandez needed to be more disciplinary, but he eventually let a number of problematic people go. For example, he fired the Director of the Department of Revenue because she was simply unable to fix a particular issue, even after being given adequate time and resources. 854 Reference Notes Roberto “Rob” Hernandez C-28 Mr. Durrence is unaware of anything in Mr. Hernandez’s background or conduct that will concern a future employer. If given the opportunity, Mr. Durrence would rehire Mr. Hernandez. Being new to a large leadership position as Alderman, Mr. Durrence understands the learning curve Mr. Hernandez faced while being City Manager for the first time. Mr. Hernandez was a bright individual who experienced valuable lessons. He was a good Manager. Words or phrases used to describe Rob Hernandez: • Knowledgeable, • Competent, • Introvert, • First rate manager, • Innovative, and • Open. Strengths: Financial skills, extensive understanding of how to run a city, executive functioning. Weaknesses: He did not fully appreciate the City of Savannah’s uniqueness and had a hard time connecting with the City’s people. William “Bill” Hubbard – Chief Executive Officer, Savannah Area Chamber of Commerce, GA 912-657-9207 Mr. Hubbard and Mr. Hernandez interacted when Mr. Hernandez was the Savannah City Manager between 2016 and 2019. They have since messaged each other occasionally. When Mr. Hernandez worked in the City, he communicated fairly regularly with Mr. Hubbard. Mr. Hernandez called and sent emails. He sometimes dropped by Mr. Hubbard’s office, and they typically saw each other weekly during city events. Mr. Hernandez was a decent City Manager. Mr. Hernandez was a good, smart man. He was quite professional and thoughtful. He had good financial grounding. He built good staff around him and organized them well. He generally made good decisions. He also did a great job with reorganizing the city staff. At times, though, Mr. Hernandez made some poor staffing decisions. For example, he left an engineer in a developmental position a bit longer than others might have preferred. Additionally, he let go an assistant city manager by leaving a note on her chair. Although several elected officials asked him to let her go, this approach was unprofessional. Mr. Hernandez faced difficulties integrating himself in the community. As a first time city manager, Mr. Hernandez was not accustomed to being one of the City’s key leaders. He wanted to ensure others did not accuse him of playing favorites. As such, he interacted with the philanthropic, nonprofit, church, and business communities on a purely business level. He experienced difficulty developing tough enough skin to deal with criticism. This weakness held him back and 855 Reference Notes Roberto “Rob” Hernandez C-29 undermined his ability to be effective. Despite his strengths as City Manager, his inability to fully participate in the community affected the public’s confidence in him. He needed to get to know these smaller communities better. Mr. Hernandez was a good manager who oversaw processes behind a desk. He had great management skills and good knowledge of running a city. He thoroughly researched various solutions and made decisions effectively. For example, he led a team in providing a strategic plan in a fairy short time period. He worked with elected officials to agree to this plan. Unfortunately, Mr. Hernandez had challenges working through the politics to implement the strategic plan. In one instance, Mr. Hernandez proposed a fire fee to help city finances. Around this time, the City had collected approximately $10 million in revenue. While garnering public support for the fire fee, Mr. Hernandez was also especially transparent with this revenue. Because the public misunderstood how the revenue was not part of the City’s own earnings, people were particularly upset with the fee. Mr. Hernandez had admirable intentions to be transparent, but his timing cost him the fire fee concept. Despite these challenges, he was always polite and diplomatic with people. Even when church groups angrily protested and wanted him fired, he kept going. He handled stress well for the most part and never showed a temper. Eventually, however, Mr. Hernandez and his wife left the City because they felt alone. Mr. Hubbard is unaware of anything in Mr. Hernandez’s professional or personal conduct that will concern a future employer. Mr. Hernandez had been purely professional, honest, and transparent. Although Mr. Hubbard would not rehire Mr. Hernandez to be City Manager, Mr. Hubbard would consider Mr. Hernandez for an Assistant Manager position. Mr. Hernandez was strategic and smart. He would excel in the responsibilities expected of a Deputy Manager. Words or phrases used to describe Rob Hernandez: • Professional, • Good guy, • Quite thoughtful, • Polite, • Diplomatic, and • Capable. Strengths: Financial skills, building good staff. Weaknesses: He was politically weak and often distant from constituents. John Hearn – City Attorney, Coral Springs, FL 954-344-1011 Mr. Hearn has known Mr. Hernandez since 2011. In terms of job performance, Mr. Hernandez was very energetic and a go-getter. He really moved projects along and stayed on top of them. He was a change agent. 856 Reference Notes Roberto “Rob” Hernandez C-30 City Hall was in an office that was built by General Electric for selling homes. The City had been trying to build a City Hall since 1993. Mr. Hernandez really energized those involved, and the new City Hall was finally under construction. Mr. Hernandez was always very involved in the community, and he attended community meetings. He had a very good relationship with the public. He was customer service oriented. Mr. Hernandez led staff to fulfill the vision of the Board. Employees did not have much appetite for moving forward with the downtown development, which included the new City Hall. He took the bull by the horns and made a very detailed PowerPoint presentation showing all the issues that their current City Hall had. He demonstrated how having a vibrant downtown area would benefit the City and residents. He did a nice job leading the project. Mr. Hearn was not directly involved with the budget and finances, but in the course of their conversations he came to believe that Mr. Hernandez had good financial skills. Mr. Hernandez completed tasks by the deadline given. Mr. Hernandez had not been involved in anything personally or professionally controversial. He left Fulton County because his family wanted to return to Florida. When an opportunity opened up on Broward County, he embraced it. He moved forward when doing so made sense. Mr. Hearn would hire Mr. Hernandez and had a positive experience working with him. Mr. Hernandez would be a good City or County Manager. The five Commissioners and City Manager in Coral Springs loved working with Mr. Hernandez. Words or phrases used to describe Roberto Hernandez: • Energetic, • Outgoing, • Positive, • Change agent, • Engaged, and • Active. Strengths: Energetic; very much wanted to make decisions; could shepherd a project from A to Z very well. Weaknesses: People’s greatest strengths are often their greatest weaknesses. Because he moves projects along so well, Mr. Hearn had to slow him down a little and occasionally reminded Mr. Hernandez of a step that needed to be taken in the process. Prepared by: Danielle Dayton and Lynelle Klein Colin Baenziger & Associates 857 C-31 CB&A Internet Research 858 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-32 WLRN News HD1 (FL) February 21, 2020 Fort Lauderdale Officials Respond to $1.8 Million State Fine for Sewage Spills Author: Alexander Gonzalez & Tom Hudson Pipes in Fort Lauderdale keep breaking--it's been an almost daily reality for many people living and working in the city. More than 200 million gallons of sewage have spilled from busted pipes in Fort Lauderdale since December. The state responded to the sewer spills this week. The Florida Department of Environmental Protection fined the city almost two million dollars. That amount is based in part on how much sewage has spilled. On the South Florida Roundup, host Tom Hudson talked about the issue with WLRN’s Broward County reporter Caitie Switalski and Fort Lauderdale’s deputy city manager Rob Hernandez. Here's an excerpt of their conversation: Tom Hudson: What are the funding options if the city has to pay the state this $1.8 million fine or any fine for that matter? Rob Hernandez: Well, if we have to pay the fine, it's either going to have to come out of the Water and Sewer fund or the city's general fund. And again, we believe that $1.8 million will best serve our local residents and our taxpayers by being reinvested into some of these projects rather than just going in and being deposited into a general fund at the state level. We're not being critical of the state. We understand that they were in the position where they felt that they had to take some sort of action. But we're hopeful that we'll be able to work something out that is slightly different than just the fine. Caitie Switalski: When it comes to the punitive nature of the fine, $1.4 million of the $1.8 million is civil penalties based on how much sewage and how many days the sewage spill went on. I know the city is in the middle of weaning off trying to take money out of those funds [general or Water and Sewer funds] to balance the regular budget. That was a practice leftover from the last city administration. But if the city has to pay part of this fine out of those funds again, have you heard from any residents about that? Hernandez: No, we haven't heard from any residents. And certainly I don't think it's going to change the practice. The city commission has made it abundantly clear that we were going to transition away from transferring funds from the Water and Sewer fund into the general fund. The city commission that's currently in office directed the city manager to transition us over a four-year period. They have since directed us to accelerate that transition. And that's something, going into next fiscal year, that we're certainly looking at. If there's an opportunity to return those funds at midyear this year, that's something that our city manager is looking at. But I don't think that the fine is going to derail us from making progress. And using your word, "weaning" ourselves off of that budget transfer. We're under clear direction that the funds that are generated by the Water and Sewer fund are going to go back into the necessary improvements that need to be made. And certainly we've been working in that direction for the last couple of years and we will continue to do so. 859 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-33 South Florida Sun Sentinel (FL) July 23, 2019 Fort Lauderdale: Contractor Who Broke Water Main Wasn’t Digging Where it told us Author: Larry Barszewski Fort Lauderdale never warned a contractor that a critical water line lay buried where workers planned to dig last week, a report shows, but city officials say that’s because the contractor supplied the wrong address. The misinformation led to a failure that ultimately dried up the city’s water supply and led to days of boil-water orders. Taps ran dry hours after the contractor drilled into the water supply line July 17. Countless businesses were forced to close, and more than 200,000 people were left without water to drink or shower. The contractor, Florida Communication Concepts, used a service called Sunshine 811 to find out whether there were underground utilities it had to watch out for while doing work for Florida Power & Light Co. The statewide utility service is authorized under Florida law and is the state’s official resource for companies and individuals planning underground work. The report shows Fort Lauderdale never told the contractor that the site in the back of 2525 NW 55th Court contained a 42-inch pipe that supplied raw water to the main water treatment plant. Instead, the city indicated that it didn’t provide service there, according to the report from Sunshine 811. Deputy City Manager Rob Hernandez said the city’s water line isn’t on that property; it’s 75 feet north. The digging was being done to the north and east of the requested location, he said. “It appears that where the contractor was digging is not where they indicated on the 811 ticket,” Hernandez said. “Our investigation is still ongoing.” The owner of Florida Communication Concepts, Tim Hicks, said he couldn’t comment, and FPL has declined to answer reporters’ questions. Contractors contact Sunshine 811 to alert agencies about the work they plan to do and to find out whether there are pipes or underground facilities they need to avoid when digging. The service then alerts the utilities, which are supposed to inform the contractor whether they have lines in the area and mark them if they do. Florida Communication Concepts filed a ticket with Sunshine 811 on June 25 to install conduit in July for FPL near Fort Lauderdale Executive Airport, records show. Sunshine 811 notified Fort Lauderdale and nine other entities, based on maps they submitted to Sunshine 811 that indicated it was possible they could have equipment near the work site. Tamarac and Crown Castle Fiber responded that they had no facilities there. Oakland Park, Teco People’s Gas of South Florida and CenturyLink said their lines were outside of the work site. Others said they did have equipment in the area. Fort Lauderdale Executive Airport, Comcast Cable, AT&T and FPL indicated that they marked the locations of their lines for the contractor. Fort Lauderdale responded as well, but it used a code indicating that no city utilities were present at that excavation site. The code it used said “another company provides the services at this location.” That code typically is used by utilities that do not have services at that exact location, according to Sunshine 811′s online site. Hernandez said that’s because the city doesn’t have any water lines at the property address the contractor listed. He also said Florida Communication 860 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-34 Concepts said on its Sunshine 811 form that it would not be doing boring, but that’s how the city’s pipe was pierced. Fort Lauderdale receives dozens of requests each day from Sunshine 811 for underground line information. Sunshine 811 sent the city 20,501 notices last year and 12,635 so far this year, the service reported. The requests go to the city’s distribution and collections chief for its water and wastewater services. A city police report filed at the time the line was punctured said the company had used the line-locating service. However, it cited Florida Communication Concepts for not having a permit for the work, violating city codes. It issued the contractor a “Notice to Appear” citation. City officials said a date has not been set for a hearing. It’s not clear whether a permit was needed. Hernandez said last week that FPL has a franchise agreement with the city that does not require the utility to get a permit every time it digs. 861 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-35 Post Gazette (PA) July 19, 2019 Fort Lauderdale gets ‘Temporary Relief’ While Crews Repair a Water Main Break Author: Dakin Andone & Emanuella Grinberg Officials in Fort Lauderdale, Florida, said a temporary fix water has running again after a main break left an estimated 220,000 customers without service Thursday. Water is flowing below normal pressure and is expected to return to "near normal" sometime Thursday night, Mayor Dean Trantalis said in an evening news conference. A subcontractor repairing electric lines on Wednesday struck a pipe that supplies water to a treatment plant, cutting off the city's water supply. No major incidents were reported as a result of the outage, the mayor said. A partial patch was placed on the hole, increasing water pressure, Mr. Trantalis said. Those involved in the repairs are "confident" that the patch will provide "temporary relief" while crews work to redirect the water flow through a backup line and replace the broken pipe, he said. The installation could take through the weekend, Mr. Trantalis said. While repairs are underway, a boil water advisory is in effect until and water distribution sites will stay open until at least Saturday, Mr. Trantalis said. With repairs underway, he said the city's focus will shift to investigating the cause and seeking compensation for not only the city but hotels, restaurants and other businesses impacted by the service outage. "This was not just a minor incident, this impacted many hundreds of thousands of hundreds of people," Mr. Trantalis said. "It was clearly haphazard," he said. "It's clearly something that we're going to seek retribution for." What the city is doing to fix the pipe On Wednesday, a subcontractor working near the city's Executive Airport for Florida Power & Light damaged a 42-inch city pipe that supplies water from wellfields to the Fiveash Water Treatment Plant, the mayor said. The service outage impacted the city and surrounding municipalities that receive water through the city, including Lauderdale-by-the-Sea, Oakland Park, Wilton Manors and sections of Davie and Tamarac. An estimated 220,000 customers were impacted, Deputy City Manager Rob Hernandez. Crews are now building a concrete bunker around the broken pipe to seal the break and protect the pipe, Mr. Trantalis said. The bunker should be completed by 10 p.m. ET and the Fiveash Water Treatment Plant should be back to full and normal operation, he said. The temporary fix will give crews time to redirect the water flow through a backup line, Mr. Trantalis said. Once the backup line is in place, a replacement pipe for the primary main will be installed, likely over the course of the weekend, the mayor said. Cause of outage under investigation Earlier Thursday, Mr. Trantalis said crews responded immediately, but as they were working, the damaged pipe collapsed, forcing the city to turn off the water flow. During Thursday night's news conference, he suggested the subcontractor bore the brunt of the blame for "something they should not have done." The subcontractor has been cited and an enforcement action has been launched, the mayor said, although he was unable to identify the specific citation. When initially asked if there was anything the city could have done better, the mayor responded "no," then 862 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-36 added, "Yes -- we could have foreseen this but you can't foresee these types of things." Later in the press conference, the mayor maintained the incident an "accident" caused by "human error," but he also acknowledged that it put a spotlight on the city's redundancy systems. Deputy City Manager Rob Hernandez said "difficulty" with at least one valve that was supposed to redirect water to the redundant system, leaving them unable to isolate the damaged section of pipe. "What [this] pointed out to us is that we need to pay more attention to our infrastructure needs and that we need to go back and make sure that these redundancies systems do work when they're supposed to work." Residents in need of bottled water can find it at the Beach Community Center on 33rd Avenue, Mills Pond Park on Northwest 9th Avenue and Riverland Park on Southwest 27th Avenue. 863 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-37 SavannahNow Posted May 26, 2019 at 8:18 PM Updated May 27, 2019 at 12:29 AM Savannah’s city manager out on medical leave By DeAnn Komanecky and Eric Curl Savannah City Manager Rob Hernandez is out on medical leave, with Patrick Monahan now serving as acting city manager. Hernandez tendered his resignation on April 12 with a last work day date of June 30. Whether Hernandez’s medical leave will change when he leaves his post is not known. City spokesperson Ken Slats said no other details are currently available. Monahan, a former Chatham County assistant manager, was hired in April as a consultant to work with Hernandez, starting in May. Monahan retired from the county in 2013 and has said he would only take the interim position temporarily, but is willing to stay long enough after this fall’s election for the new city council to hire the long-term manager next year. He will be paid $20,000 a month for up to 12 months, under the agreement. Hernandez’s resignation came after news broke of his pending departure for a job as deputy city manager of Fort Lauderdale, Florida. Hernandez declined interview requests regarding his resignation, but said in a subsequent press release that he and his wife decided to go back to south Florida to help their siblings care for their elderly mothers. He indicated there was more to the decision than just family reasons, however, in correspondence obtained by the Savannah Morning News. Hernandez said he intended to stay away from city manager positions for a while after being asked about his plans by Lake Wales, Florida, City Manager Kenneth Fields. “The last three years here have been tough as a (city manager),” Hernandez said. He responded in a similar manner to an April 12 email from Chatham County Engineer Leon Davenport. “Tough town,” Hernandez said. “Going back to Fort Lauderdale.” The city council hired Hernandez as city manager Sept. 1, 2016, with a $238,000 salary and $600 monthly vehicle allowance, as well as a $7,000 annual 457 retirement plan. After his arrival, Hernandez led the city through a major restructuring and successful development of a strategic plan. The city has also experienced two years of budget surpluses after Hernandez had implemented a hiring freeze and budget cuts. His impact was praised by some of his executive team following word of his departure. City Management Coordinator Joe Shearouse Jr. wrote in response to his resignation notice that he thought a lot about the accomplishments Hernandez had made in Savannah. “Your impact on people is extensive and much more influential than a project or initiative,” Shearouse said. “Your openness and eagerness to provide us opportunities to grow and learn is lasting and far reaching.” Special Projects Coordinator Daphne Williams said in an email that it may be a long time before they get someone else comparable. “Our team was on fire,” Williams said. Hernandez also experienced his share of criticism, which began shortly after his arrival when he proposed cuts, which were ultimately restored, to arts organizations and social programs. And he was widely panned by residents following the implementation of a fee for fire service. Hernandez had touted as a way to get all property owners — including those that are tax-exempt 864 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-38 — to contribute to the rising costs of providing fire protection. Public indignation only grew when Hernandez presented the council with a spending plan for a budget surplus from 2017 of more than $10 million about five months after the fee was adopted. The fee was ultimately repealed, but Hernandez later attributed some subsequent job searches to the widespread opposition he encountered following its implementation. 865 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-39 Savannah Morning News (GA) April 29, 2019 Savannah Could Get More Affordable Housing Under These Proposed City Programs Author: Eric Curl About 44 percent of Savannah families cannot afford quality housing, according to city officials. In other words, almost 24,000 local households are cost burdened because they spend 30 percent or more of their income on housing, said Housing and Neighborhood Services Director Martin Fretty. To address the issue, the city is considering some new affordable housing initiatives that were presented to the Savannah City Council during a workshop Thursday. The initiatives include a $20 million investment to acquire, redevelop and sell 1,000 blighted properties over a 10-year period. The investment would provide more affordable housing, while also reducing the number of abandoned properties that cost the city an average about $1,300 a year each in lost tax revenue and expenses related to police, fire and code enforcement services, Fretty said. The city is hoping to get $10 million for the acquisition program included on the Special Purpose Local Option Sales Tax referendum going before voters this fall. The eventual sale of the properties would go back into a revolving fund and help drive down costs for future investments, Fretty said. "After a couple of years you ought to be able to recover, we think, 80 percent of what we invested in the properties to acquire them," he said. The city is expected to meet with Chatham County officials next month to discuss the SPLOST project list and determine Savannah's distribution share of the sales-tax revenue. Savannah affordable housing presentation by savannahnow.com on Scribd. Inclusionary zoning. The city is also contemplating the implementation of an inclusionary zoning policy, similar to one established in Atlanta last year. The policy would require developers of apartment projects to include a certain percentage of affordable units or pay a one-time fee into a city housing fund. In turn, the developer could select from a list of incentives that could allow for more units, reduced parking requirements and a streamlined permitting process. In Atlanta the program applies to areas where the city is experiencing the pressures of redevelopment, said Bridget Lidy, Savannah's director of planning and urban design. In Savannah, the Canal District, where the new arena is being built west of downtown, provides an opportunity for the program's launch, Lidy said. "It's ripe for this," she said. The proposal received general support from the council, although it is still early in the process. Lidy was encouraged to set up a meeting with Atlanta officials, who she said have expressed interest in helping Savannah establish their own initiative. And City Manager Rob Hernandez said he thought the city would likely need to hire an outside consultant before they could develop an inclusionary zoning policy. "I think we need to bring in the resources from other communities that have gone through that process," Hernandez said. "We haven't and there is a lot of stakeholder involvement and a lot of legalities involved." In the meantime, the city has developed some proposed standards to reduce development costs and increase the amount of affordable housing, including the reduction of the minimum lot size and parking requirements in traditional neighborhoods. In addition, the city's proposed new zoning ordinance, NewZo, provides more flexibility for constructing accessory dwelling units, with no more than one bedroom, in some areas. City officials are planning for the new ordinance to be adopted in July after public hearings are held in June. 866 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-40 Savannah Morning News (GA) April 13, 2019 Hernandez Formally Resigns Post Author: Savannah Morning News Savannah City Manager Rob Hernandez formally submitted his resignation letter Friday morning. "Such letters are never easy to write and I hope it conveys my appreciation to all of you and our great staff, especially those that sit around the table with me each Monday," Hernandez wrote in an email to the city council and city staff. "I know that I've made some mistakes along the way as I am far from perfect. Please know that I have always attempted to do what is in the best interest of the city in the long term, and endeavored to create a culture of fairness, professionalism, integrity, inclusion, diversity, opportunity and ingenuity. I'm fortunate to have been surrounded by a team of good people. I'm grateful to have known you. Together, we've gotten a lot done since October 11, 2016. I hope that I have served all of you well," he wrote. "Thank you for the opportunity to serve as your city manager." Fort Lauderdale City Manager Chris Lagerbloom informed the Savannah Morning News on Thursday that Hernandez will be joining the city as deputy city manager later this summer. In a formal resignation letter addressed to the mayor and alderman, Hernandez touted the team's accomplishments, from upgrading the city's bond rating to launching the design of the new arena. "I have been honored with the privilege of serving as Savannah's eighth city manager since adoption of the council-manager form of government in 1951. I joined the City on the heels of Hurricane Matthew on October 11, 2016, and since then we've weathered literal and figurative storms and overcame numerous obstacles in providing exceptional municipal services," Hernandez wrote. "We accomplished much during this time while simultaneously creating an organizational spirit focused on one simple concept: Forward. Forward is a fanatical passion for momentum, progress and achievement. It is an obsession with what is possible rather than the status quo. It is the driver behind our biggest accomplishment - SAVANNAH FORWARD, our guide to strategic policy-making and investments through 2025." Hernandez said in a press statement issued later that he and his wife decided to go back to south Florida to help their siblings care for their elderly mothers. His resignation is effective June 30. Savannah Mayor Eddie DeLoach has recommended that former assistant Chatham County Manager Pat Monahan serve as interim city manager, but he is awaiting support for that decision from the rest of the city council. A special meeting has been called for 6 p.m. Monday in the Media Room on the second floor of City Hall for the council to consider an interim city manager. The next city manager is not expected to be hired until after the new city council is sworn in next year following this fall's election. 867 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-41 Savannah Morning News (GA) January 9, 2019 Savannah City Manager Rob Hernandez: Government Leadership Backs Savannah Fire Department Author: Rob Hernandez There has been much discussion in recent days about staffing levels within Savannah's Fire Department. I would like to take this opportunity to address misinformation circulating in social and regular media outlets. First, what the city government has not done: • We have not closed any fire stations. • We have not laid off any fire personnel. • We have not left any neighborhood in Savannah unprotected. • We have not taken steps that will delay Savannah Fire's response time to an emergency. What we have done is eliminate vacant positions in Savannah Fire over the past two years. To put those reductions in context, I would like to take you back to 2014. For the first time that year, Savannah Fire was granted an ISO Class 1 rating — an insurance classification that evaluates a community's fire operations and water infrastructure. Less than 1 percent of fire departments in the nation are rated Class 1. The following year, in 2015, Savannah received a three-year, $3.5 million FEMA grant designed to increase staffing levels in Savannah Fire. We did just that. In 2015, we added 15 firefighter positions. In 2016, we added another 15 firefighter positions. And in 2017, we grew by 10 more firefighter positions. Add it all up and over a three-year period we added 40 new firefighters to our payroll — a 12.6 percent staffing increase. At 366 total positions, including 341 firefighters, this was the highest staffing level in Savannah Fire's history. That grant ended in 2017, and with it we faced a difficult decision: Do we ask Savannah taxpayers to continue funding this increased staffing level, or do we make reductions? We were facing flat revenues that year, and direction from city council to continue making investments in the police department. To balance the 2018 budget, we eliminated 45 vacant positions across the city government organization, including 18 within Savannah Fire. Council directed that those cuts come from Engine 16/Marine 1 — a specialized unit that operates the fire boat and a backup pumper truck at fire department headquarters on Oglethorpe Avenue. That same budget authorized a permanent funding solution for fire operations: the fire fee. That fee was rejected over the summer, and during months of public discussion we heard repeatedly from property owners that they preferred a smaller fire department over paying a new fee to fund fire services. We contracted with the University of Georgia Carl Vinson Institute of Government to analyze Savannah Fire operations and make recommendations on better use of resources. I expect those recommendations within the month, but preliminary discussions with the report authors identified options for increased efficiency and reducing costs. The 2019 budget was balanced with the elimination of another 15 vacant positions. The UGA recommendations will drive where 868 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-42 those reductions are made. It is important to note that even with the elimination of these 33 vacancies over the past two years, Savannah still has seven more firefighter positions today than we did in 2014, when we received our ISO-1 rating. And we are still well-staffed compared with communities our size; Charleston, for instance, has one fewer firefighter position than Savannah, and 24 percent more territory to cover. As a resident or business owner in this city, you are served not just by the fire station located in your neighborhood, but a fire protection system consisting of 15 stations and 22 emergency response vehicles. The city government also maintains agreements with our adjacent cities, which provide us access to more than 20 other fire stations, firefighters, and equipment should they be needed in the unlikely event all of our resources are unavailable. No area of the city will ever be left without a response to a fire. We are fortunate to have one of the best fire departments in the nation. Savannah Fire will continue to be, even with these adjustments. Rob Hernandez is Savannah's city government manager. 869 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-43 WTOC 11 April 9, 2019 at 11:21 PM EDT - Updated April 11 at 10:36 AM City of Fort Lauderdale extends offer to Savannah city manager By Sean Evans SAVANNAH, GA (WTOC) - Several sources have confirmed that Savannah City Manager Rob Hernandez is leaving his job. “The city is losing a very smart and talented individual,” Savannah Alderman John Hall said. “I wish Mr. Hernandez the best wherever he goes. Our loss is another city’s gain.” Hernandez said that he has not officially tendered his resignation or discussed this with all of city council as a group. He said he will not release a statement until he felt it was the appropriate time. We’ve reached out to the mayor’s office and the city spokesperson for comment. Hernandez came to Savannah from Broward County, FL in 2016. “He inherited a virtual mess. Remember, he came in in the middle of a hurricane. The first hurricane we’d had in what, 27 years," said District 4 Alderman, Julian Miller. In addition to dealing with the aftermath of Hurricane Matthew, Hernandez was tasked with completing a budget and coming up with a blueprint that would carry Savannah years into the future. “He has come up with the city’s first strategic plan and gotten it going. He has refined our logo so we have the same logo everywhere. There’s an awful lot he has done, most of which the public will never see," Alderman Miller said. Several things spear-headed by Hernandez have been very public, like re-establishing a Savannah Police Department after the de-merger with the county, the search for a new police chief, and the fire fee proposal. Less than a year after the fire fee proposal was dropped by city council after public backlash, Hernandez referenced it in a moment of levity during his speech at a firefighter award ceremony Wednesday afternoon. “Believe it or not, the city actually imposed a fire fee way back in the early 1800′s to provide fire protection services to all property owners of the city. I wish I would’ve known that a year-and-a-half ago. That could have helped us sell what we were trying to do a little easier to those that were opposed to what we were trying to do," he said. If Hernandez is in fact out the door like sources tell us, city leaders know they need a similar leader to take the helm. “When you run a city, there are so many moving wheels and so many gears going in different directions. There’s always going to be hundreds of things that have to be addressed. That’s why it’s going to take someone who really knows what they’re doing to pick up the mantle and go forward," Miller said. Hernandez’s previous attempts to change jobs have been publicized. In August of 2018, it was announced that Hernandez did not get a county administrator position in Pinellas County, FL. The city of Savannah confirmed he was a finalist for the position. Hernandez was also on the shortlist for a city manager position in Brownsville, TX. At the time, Hernandez said he wasn’t sure if the Savannah community wanted to work with him. “Criticism of government is healthy and important, and comes with the territory,” he said in a statement in August of 2018. “I don’t take it personally, even if some of the attacks on me have been very personal. What I do want is 870 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-44 to work in a community that wants to work with me. I am not sure that is currently the case. Amid a sustained level of criticism and uncertainty, I have considered opportunities outside Savannah. While I have no desire to leave, I did feel it was a prudent move for me and my family.” Hernandez was a key architect of a proposed fire fee in Savannah that drew the ire of many in the city. The city council withdrew the fee from consideration after a tortured fine- tuning process. The mayor proposed to halve the fee weeks before it was withdrew. Chaz Adams with the city’s strategic communications office says Hernandez has received an offer as Deputy City Manager for the City of Fort Lauderdale Florida. “The City of Fort Lauderdale has extended an offer to Roberto “Rob” Hernandez for the position of Deputy City Manager. The offer is contingent upon approval from the Fort Lauderdale City Commission. The commission plans to consider the item at their next meeting, which will take place on Tuesday, April 16,” Adams said. City council will hold its regularly scheduled meeting on Thursday. We’ll be following this closely to see if anything is announced regarding a resignation, as well as what’s next if the Savannah city manager position becomes vacant. 871 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-45 Savannah Morning News (GA) December 20, 2018 Savannah City Council Oks $1M Fire Station Sale Despite Buyer’s History of Code Violations Author: Eric Curl The Savannah City Council on Thursday approved the sale of a former fire station, despite the buyer's history of being cited for code and maintenance violations at multiple properties throughout downtown. The $1.05 million sale to Inman Park Properties came after three proposals were submitted to the city and evaluated by a five-person staff committee. Inman received the highest score after proposing to preserve and restore the 72-year-old building at 6 W. Henry St. for use as a cafe and office space. Rajesh Patel had proposed paying $525,000 for the property, while Lynch Associates Architects offered $455,000. The sale was quickly approved without discussion by the city council, with the exception of Alderman Bill Durrence, who had stepped out of the chambers to speak with someone who was leaving. Durrence, who represents the area where the building is located, said he probably would have voted for the sale also. It was his understanding that most of the property maintenance issues have been addressed and he was hoping to see something done with the building, Durrence said. "The bottom line for me is that it didn't matter how I voted because the majority of council made up their mind that for that price point, they were going to sell it," he said. Inman's proposal is expected to activate the "somewhat stagnant" block and generate 75 full-time jobs in the neighborhood, according to the developer's proposal. Inman reported that construction was expected to begin 120 days after closing and take one year to complete. Staff had delayed consideration of the sale in October following inquiries from the Savannah Morning News into the buyer's past code and property maintenance issues. From 2012 through 2016, the city instigated 16 Chatham County Recorder's Court cases against Inman's owner, Jeff Notrica, for 14 downtown properties. Charges related to overgrown vegetation, maintaining a clean and sanitary property, safety, defacement of property, accumulation of garbage, and an unsafe building. The pending sale comes after the approved sale this year of multiple downtown city properties. City Manager Rob Hernandez has touted the sales as a way to return outdated properties to the tax rolls and raise revenue for the construction of a new municipal center west of the Historic District, where the city is building a new arena. However, Hernandez said during an interview Tuesday that the sales revenue may instead go toward construction of the arena. The amount of current voter-approved Special Purpose Local Option Sales Tax is expected to raise $120 million, while about $22 million was raised during previous tax periods. Still, the city expects to need an additional $20 million to $40 million to cover the estimated $140 million to $160 million costs of the arena's construction, as well as relocating public works from the arena site and building a new complex for that department, Hernandez said. The city does not plan on adding the arena to the next SPLOST referendum going before voters this fall, he said. 872 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-46 Savannah Morning News (GA) November 16, 2018 Savannah Proposing Slight Property Tax Cut, Employee Wage Hike Author: Eric Curl The owner of a home valued at $100,000 will save about $8 a year under a proposal to reduce the property tax rate in 2019, according to city estimates. The reduction from 13.40 mills to 13.20 mills was requested by the Savannah City Council on Friday, the second day of a two-day budget retreat, after staff had initially proposed retaining the existing rate. Alderman Brian Foster advocated for the reduction to provide some relief to taxpayers after the rate was increased from 12.48 mills this year following the elimination of the widely opposed fire fee. "It's a start," Foster said. The council also directed staff to incorporate a 3.5 percent wage increase for employees next year. The proposed increase was agreed to as a compromise after Alderman Van Johnson had initially sought to bump staff's recommended 3 percent wage increase to 4 percent. "The fight for the best and the brightest is real and people ultimately go where they will be paid," Johnson said. To maintain a balanced budget, while accommodating the council's wishes, staff said they increased their "conservative" projections for property tax revenue growth next year from 3 percent to 4 percent. In addition, staff plans to cut another $1 million from the proposed budget to cover the remaining costs, said City Manager Rob Hernandez. The 2019 budget is expected to be presented to the city council for adoption next month. Since Hernandez arrived in late 2016, he has touted the need to address what he described as a structural imbalance resulting from expenses exceeding revenue. The fire fee adopted this year was an attempt to address that imbalance, but the council voted to repeal that new revenue source after facing widespread opposition from property owners. Hernandez said he believes the city has made progress, but noted the concerns raised by the council during the retreat that funding was lacking for infrastructure and service improvements. "We're still imbalanced in that this budget is not able to adequately address those needs," he said. "We are addressing them, but the need really outstrips our ability to fund them." The next Special Purpose Local Option Sales Tax, which goes before voters next fall, has been touted by the council and staff as a way to fund needed infrastructure improvements, but Hernandez said the city cannot rely on the tax to resolve the issue. The city will also be looking at more models to fund municipal services, including a potential stormwater fee to cover the cost of drainage projects, Hernandez said. In July 2017, the city council unanimously approved a $49,651 contract with Atlanta-based Stantec Consulting Services to study the feasibility of such a fee and how it would be implemented, but the study's findings have never been presented. "We continue to look at that and we will be bringing that back to City Council at the appropriate time," Hernandez said. 873 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-47 Savannah Morning News (GA) August 31, 2018 $3.9M Mistake Mucks Up Arena Contract Author: Eric Curl The Savannah City Council on Thursday delayed by two weeks consideration of an $11.2 million contract with AECOM Hunt to manage the construction of the new $140 million arena, after learning the contract amount is actually about $3.9 million more than city staff had initially reported. The vote for the delay came after staff explained during the morning workshop that a misreading of the fee proposal had led staff to initially report that the contract was $7.3 million - the amount that was on the meeting agenda until Wednesday. The originally reported amount should have been a red flag since it was so much lower than the amounts submitted by the other two finalists for the contract, said Alderman Bill Durrence. Turner Construction had proposed serving as construction manager at a cost of about $13.6 million, while JE Dunn's proposed cost amounted to almost $12.7 million. "I'm very nervous," Durrence said. "I never spent $140 million before." Pete Shonka, executive director of arena development, said that AECOM Hunt still had the lowest price and highest evaluation score after the error was corrected. City Manager Rob Hernandez also said he felt confident in moving forward with the recommended contractor after determining the company had followed the process correctly, while acknowledging the error should not have occurred in the first place. "That reflects poorly on me and I apologize," Hernandez said. "We will double down to prevent circumstances like this in the future." Council members said they wanted more time to see how the error occurred before taking a vote. "The severity of it should not be lost," said Alderman Julian Miller. "We are going to be doing an awful lot of contracts and we need to have confidence on that." Walter Murphy, vice president at JE Dunn, had also spoken out against the contract being awarded to AECOM during the meeting and had informed the council that he had notified the city manager of the issue. "We were told it was a scrivener's error," Murphy said "I don't think so. I think the bid was non-responsive." In other council news, city council approved the $14 million sale of two downtown buildings. Mayor Eddie DeLoach joined Aldermen Carol Bell, Durrence, Brian Foster, John Hall and Miller in approving the sale of the historic Gamble Building next to City Hall for $8.5 million, while Aldermen Van Johnson, Estella Shabazz and Tony Thomas cast the opposing votes. The buyer, Foram Development, plans to convert the building into a condo complex with rooftop gardens. Staff had recommended the sale as a way to rid itself of a building that requires extensive repairs and generate ongoing revenue by putting it back on the tax rolls. But Thomas said he disagreed with staff's assertion that the historic building was not adequate for city use. "I'm a little bit more of a sentimentalist," he said. "I believe the city is giving up its imprint on the riverfront." The vote was similarly split with the council's approval of the sale of the former Catholic Diocese building at East Broad and Liberty streets for $5.9 million to Standard Companies, which plans to develop the property as an apartment complex with commercial space. Johnson 874 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-48 said he was afraid residents were being priced out of living in the city. "This was in my mind a wonderful opportunity to provide affordable and workforce housing for people to live downtown," he said. The approved sales come two weeks after the city council's vote to sell the Broughton Municipal Building to Columbia Ventures for $4.5 million. The buyer intends to convert the mid-century building into a hotel with retail on the ground level. And in April 2017 the council approved the $5 million sale of a 1.2 acre lot on Oglethorpe Avenue, where a developer plans to construct a mixed-use residential complex. Hernandez said the funding from the sales is being invested into a reserve account for a modern municipal center he is considering building west of downtown near the arena to consolidate city departments. The total costs of that project, which would include a public safety complex, have not been determined, Hernandez said. "We still have a lot of work to do on that," he said. "We still have to flesh that concept out with city council." In the meantime, the city has been relocating staff into 36,538 square feet of leased office space on Chatham Parkway at an annual cost of about $785,000. 875 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-49 Savannah Morning News (GA) July 11, 2018 City: Funding Problems not Over Savannah May be Facing Tough Budget Process for 2019, Hernandez Warns Author: Eric Curl The recent repeal of the controversial fire fee may have been welcomed by property owners concerned about the additional expense, but city officials are not breathing easy as they look toward Savannah's financial future. With the elimination of the dedicated fee, which would have freed up millions in general funds, the city may be facing a difficult budget process for 2019, according to City Manager Rob Hernandez. Hernandez warned the Savannah City Council last week that their plan to increase the property tax rate by 0.92 mills, or 7.4 percent, will not resolve long-standing financial challenges that the fee was meant to help address. Almost a third of city parcels pay little or no property taxes due to being exempt or having low value, and tax digest growth has not kept pace with expenses, Hernandez said. "I don't want anyone leaving here today with a rosy picture of 2019's budget process," he said. "We are structurally imbalanced." The mayor and aldermen are expected to adopt the tax increase on July 19 to restore almost $10 million of the $16.5 million in revenue lost with the elimination of the fire fee. The city also implemented a hiring freeze and cut expenses, including $1 million Mayor Eddie DeLoach had sought for an early childhood learning center being planned by the Savannah-Chatham School Board. With the proposed tax increase, the city will be able to preserve funding for some priorities that included software upgrades, enhanced right of way maintenance, Waters Avenue streetscape improvements, increased city reserves, and the Savannah Shines neighborhood revitalization initiative that has already begun in Edgemere/Sackville, said Alderman Julian Miller. "I'm not sure if everyone understands how deplorable the city's computer system is," Miller said. "We're still running programs that most people have abandoned 20 years ago." Alderman Brian Foster said the city will also maintain the full staffing levels of the police department after adding more than 120 officers to patrol the city following the department's split with Chatham County in February. "We are fully staffed and have been for a while in the first time in over a decade," Foster said. "That's what the public asked for and we have successfully done that." Savannah's property tax rate has been decreased or remained the same every year since 1994, aside from a six-month half-mill increase in 2010 that was dropped back to the previous rate the following year. The current rate of 12.48 mills has been in place since 2013. For the owner of a home with a fair market value of $150,000, the proposed increase amounts to $55.20 annually or $4.60 per month. Alderman Tony Thomas said that every effort would be made to reduce the rate in 2019, but Hernandez responded by casting doubt on that scenario. "I don't know at this point in time because it's still too early in the process for FY19 to determine, in fact, whether we are going to have a smooth budget process or we're going to have a rocky budget process like we've had the last couple years," Hernandez said. "So please do not leave here today thinking that budget 876 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-50 process for FY19 is going to be a smooth one because I can't guarantee that." Savannah Alderman Van Johnson suggested that the city meet with residents before the budgeting process begins to reconcile what they want and what the city can afford. "We have a region that takes advantage of many of the services that we provide that they do not pay for," Johnson said. "So I think part of this discussion is educating individuals that we can give everybody what they want, but there is a cost to it." Hernandez said that the city's budget director, Melissa Carter, has already proposed holding several citizen engagement panels to walk residents through the budget process, "allowing them to see how difficult it is to put together a $400 million budget for an enterprise the size of the city of Savannah." The council will hold two additional hearings at 9:45 a.m. and 2 p.m. July 19 before a making a final vote on the tax rate increase. 877 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-51 Savannah Morning News (GA) June 8, 2018 City to Consider $11M in Cuts Council Approves Adding Sunday ‘Brunch Bill’ to November Ballot Author: Eric Curl With less than six months left to go, City Manager Rob Hernandez has been charged with cutting more than $11 million from this year's budget. On Thursday, the Savannah City Council directed Hernandez to figure out over the next week what cuts can be made to make up for the anticipated loss in revenue, as the mayor and aldermen prepare to reduce the controversial fire fee by more than half in the face of widespread opposition. "We're just asking the city manager to go back and modify the numbers and bring us something forward that people can feel better about," said Mayor Eddie DeLoach. As proposed by the council, a property tax increase is not an option and the city would retain the one mill tax rate decrease that was approved in conjunction with the fire fee as part of the 2018 budget. The council's vote came after DeLoach announced on Wednesday a proposal to reduce the fee by 53 percent, which would bring the fee to $120 for residential properties. The city is also offering discounts of up to 20 percent until June 15, which would bring the total to $96. Mayor Pro Tem Carol Bell also suggested that Hernandez present an alternative option to cover the costs of eliminating the fire fee entirely. "As a council, let us determine if that's the way we want to go," Bell said. Previous attempts last month by Aldermen Van Johnson, Estella Shabazz and Tony Thomas to repeal or lower the fee were voted down by the remaining members of the city council during deliberations on how to spend $10 million surplus from last year. On Thursday, Thomas said he was staunchly opposed to the fire fee, but was concerned the council was being unfair to Hernandez by not making the $11 million reduction request when the surplus was presented. "I don't know if the city manager has truly analyzed that plan to see if he could reach that number," Thomas said. "And I don't know either what other options are completely out there." The surplus spending plan, which left the full fire fee intact, included funding to pay off the purchase of the Coastal Empire Fair site; complete the Cultural Arts Center; install computer security upgrades following a malware attack; fund a staff compensation study; and assist the Savannah-Chatham School Board in establishing an early learning center touted by DeLoach as an anti-poverty initiative. Hernandez said Thursday he did not recommend using the surplus funds to make up fire fee cuts because the savings and unexpected revenue from 2017 were going toward one-time expenses and that the fire fee was meant to free up general funds for ongoing operational costs. "It would come back to bite us at some point in the future," he said. The proposed budget cuts are expected to be presented for the council's consideration during a budget workshop June 18. The tax rate has to be formally adopted by the end of the month and the council is expected to vote on the revised budget at their meeting June 21. Prior to the regular meeting, the council got a briefing on a hardship program the city is developing for low-income property owners who are unable to afford the fee. The city is now seeking a nonprofit social service provider to administer the program so applicants can also have an opportunity to get assistance with additional needs, said Tafanye Young, Chief Community Services Officer. "We're hoping that people will take advantage of this and see rewards beyond just the fire fee being waived," Young said. 878 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-52 Savannah Morning News (GA) April 12, 2018 The Sense in the City’s Spare Cents Author: Eric Curl Savannah had a better year, financially, than expected, according to city officials. Now, the city is planning on providing $2 million in funding needed to complete the new Cultural Arts Center, paying for security upgrades following a recent computer malware attack, and covering the full costs of a 3-percent performance-based pay increases for employees, after recently closing out the 2017 budget with a $10 million surplus. The surplus stemmed from a combination of about $5.2 million in revenue coming in higher than anticipated, in addition to expenses coming in about $4.7 million below budgeted amounts after the city implemented a hiring freeze last year, said City Manager Rob Hernandez. Most of the growth was from elastic revenues, such as lodging and sales taxes, that expand and contract with strength of economy, Hernandez said. "We have a general idea how the economy is going to perform but it's a guess and science at the same time," he said. "So in 2018 our budgeting numbers are a bit more optimistic than they were when we put together the ‘17 budget, but something could happen tomorrow." The funding plan going before the Savannah City Council Thursday will also increase reserve funds, pay a debt owed for purchasing the Coastal Empire Fairgrounds site, and cover costs associated with converting a section of Montgomery Street for two-way traffic. In addition, staff is recommending that the revenue go towards staff relocation costs related to the planned sale of two downtown buildings and a compensation study to address pay inequities. "We also did a reorganization this year and created new job titles," Hernandez said. "We think we slotted them in the right place, but it's time that we do a real in-depth review of our pay and compensation practices." Almost 100 positions were eliminated as part of the reorganization, with about 40 of them vacant, but dozens of new positions were added and impacted employees were given the opportunity to apply for the jobs. Seven employees ended up not being placed either because there was nothing available or they did not accept the position offered, according to city officials. And after the city council voted to add 24 new positions to the police department this year, there ended up being a total net reduction of one position. Hernandez said the surplus does not negate the need for the city's new fire services fee, which was implemented to correct a structural imbalance the city has faced for years. "If we didn't have the hiring freeze and agencies spent every dime we got budgeted, we would have only $5.2 million in extra revenue," he said. "The fire fee provides us an opportunity to take $21 million of pressure off of the general fund." The city council recently approved an ordinance that offers up to a 20 percent discount on the fee for installing safety equipment, developing emergency plans and participating in fire training programs. Property have between April 15 and June 1 to apply for the reduction before bills are sent out in the fall. Meanwhile, the city also plans to spend about $500,000 on new technology and services to boost 879 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-53 security measures after a malware attack discovered in February impacted some city services. The malware appears to have been eliminated, but the city is still not accepting email attachments as a precaution, said city spokesperson Michelle Gavin. "We think that we've gotten it," Gavin said. "We've taken all the measures to wipe computers and have taken some extreme measures, but it's an ongoing thing." Proposed surplus expenditures Transfer to Reserves/General Fund Balance: $2.5 million Performance-based 1-percent employee pay increase: $600,000 Cultural Arts Center Overrun: $2 million Montgomery Street redirection project: $1 million MPO agreement amendment: $200,000 Revenue dept. relocation: $500,000 Fairgrounds - Pay off Debt Service: $1.4 million IT/Malware Equipment Recovery: $500,000 Relocation Contingency: $100,000 Compensation study: $300,000 Facility repairs and improvements: $800,000 Rental of backhoe - Cemeteries: $100,000 Total: $10 million 880 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-54 Savannah Morning News (GA) February 18, 2018 Savannah Restructures Government Operations Officials Tout Plan as Way to Make City Operations More Efficient Author: Eric Curl New titles and responsibilities, along with salary increases in some cases, have been issued to a number of Savannah's department heads and top administrators as part of a government reorganization implemented by City Manager Rob Hernandez. Touted as a way to make city operations more efficient and achieve the Savannah City Council's priorities in a recently adopted strategic plan, new departments and positions have also been created, while others have been eliminated or modified. The restructuring consolidates two assistant city manager positions, one deputy to the assistant city manager position and five bureau chief positions into three executive officers. The employees selected for the new positions have the experience and personality to lead and get things done, Hernandez said. "That's what differentiates managers from leaders," he said. "I need leaders more than I need managers." Paying for quality Marty Johnston, formerly a deputy assistant to the city manager, was selected to fill the chief operating officer position, charged with asset management, customer service, special events coordination and oversight of the financial and internal service functions of the city. The move bumps her salary up from $125,827 to $148,000. Heath Lloyd was selected as Chief Infrastructure and Development Officer, after previously working as the public works and water resources operations director. Lloyd's responsibilities include ensuring the safety of the city's infrastructure, producing safe drinking water, protecting buildings and streets from flooding, and improving the development process. Lloyd's new salary amounts to $148,000, up from his previous salary of $109,414. Taffanye Young was hired as the city's Chief Community Services Officer after previously serving as the Community and Economic Development Bureau chief. Young is charged with unifying initiatives and programs focused on improving the lives of residents and providing them with clean, safe neighborhoods and access to quality housing, recreational facilities, leisure opportunities and supportive services. Her salary increased from $132,282 to $148,000. The city's former budget director, Melissa Carter, also received a pay increase from $89,400 to $115,000 after being promoted to head the new Office of Management and Budget, which is responsible for preparing the city's yearly and long-term fiscal plans, as well as taking on an expanded role in grants development. And David Keating, who previously worked as a real property director, had his salary increased from $84,025 to $90,327 after being put in charge of a revamped Real Estate Services Department that now oversees property acquisitions, facilities maintenance, cemeteries, and the Civic Center. Pay was only increased for employees who have taken on additional responsibilities so that they are being fairly compensated, Hernandez said. "We want to keep the good ones," he said. "And also we have key positions we have to fill and we need to be able to compete and attract a quality workforce." Cutting grass and dysfunction After years of complaints about property maintenance issues and delays in completing planned 881 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-55 projects, departments that never talked to one another were merged and new offices were launched as a way to eliminate government bureaucracy and improve focus, according to officials. To improve property maintenance, quality of life and tourism impacts, a new Code Compliance department was created. Previously, code-related activities were handled by multiple departments, prompting situations in which a property maintenance enforcement officer could not handle a zoning violation, or vice versa. In addition, property maintenance was only citing code violations on residential properties and letting violations on commercial properties go or referring them to the building department, Hernandez said. "So we said time out ... we're bringing all that in house," he said. "We're going to do cross-training and we're going to have commonality in how our code enforcement is handled and prosecuted." Kevin Milton, a new employee with the city, has been hired as director of the department, with a salary of $115,000. Former Property Maintenance Director Kimberly Corbin is now working as Code Compliance Assistant Director, with her salary remaining at $80,368. Similar issues led to the consolidation of the city's landscape maintenance functions, including squares and monuments, into a new Greenscapes department. Prior to the consolidation, Hernandez said one team would cut an overgrown lot and then a different unit would come back a week later and cut the adjacent canal bank. And in some cases, Hernandez said, small equipment such as weed wackers would not be brought in until days after the larger mowers had cut down some city right-of-way. Now, work areas have been divided into grids that are maintained by regional teams responsible for basically anything that grows, Hernandez said. "They work a grid and don't leave that grid until everything is finished," he said. Former Park & Tree Director Gordon Denney now heads the new department. His salary remains $80,368. The reorganization also included the formation of the Capital Projects Management office, which Hernandez said put five full-time positions in charge of overseeing $726 million in budgeted projects. That move was praised by Alderman Julian Miller recently when the council was given an update on the projects being funded by the voter-approved special purpose local option sales tax. Often-repeated concerns were raised about the time it has taken to complete some projects, and Miller noted that the department was created to address the issue. "This is one of those things going on behind the scenes that the public won't see that is really going to make a big difference," Miller said. Staffing impacts The restructuring came after the city imposed a hiring freeze upon Hernandez's arrival in October 2016, and at his direction only critical positions were filled for more than a year in anticipation of the changes. Almost 100 positions ended up being eliminated as part of the process, with about 40 of those vacant. Dozens of new positions were added, however, and impacted employees were given the opportunity to apply for those jobs. "In certain instances we were very lean in operations, and I think that was hurting us," Hernandez said. Seven employees ended up not being placed either because there was nothing available or they did not accept the position offered, according to city officials. And after the city council voted to add 24 new positions to the police department this year, there ended up being a total net reduction of one position, Hernandez said. Not all employees' pay went up after getting a new position. One former assistant city manager, 882 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-56 Peter Shonka, ended up having his pay reduced by $15,624 to $140,619 after he became head of a new arena development district office - the office focused exclusively on developing the new arena and stimulating private and public investment in the surrounding redevelopment area. Such pay reductions were unfortunate, but in some cases could not be avoided, Hernandez said. "There may have been several, although not widespread, due to reduction in responsibilities," he said. A number of other staffers retained the same salary, while taking on new roles. Bridget Lidy, former Tourism and Ambassadorship director, was hired as the new Planning and Urban Design director after her department was eliminated. Her salary remains $85,703. And Bret Bell, newly titled assistant to the city manager rather than deputy assistant, is now charged with handling legislative priorities, preparing the council's agenda, and working to ensure residents' concerns brought to the attention of aldermen are addressed. His salary remains $107,205. In addition, former Economic Development Department Director Manuel Dominguez's salary of $80,368 was left unchanged after he became head of what is now the Office of Business Opportunity, which is responsible for administering and coordinating the city's economic and small business development program. After being delayed for about two months as they attempted to find suitable jobs for all of the impacted employees, the reorganization became effective Feb. 1, said Hernandez, whose salary remains $238,000. "One thing I want to stress to folks is patience," he said. "We just put this new organizational alignment into play." 883 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-57 Savannah Morning News (GA) December 30, 2017 City Manager Talks ‘Funkification,’ Ferris Wheels in Savannah Opinions Expressed on Preserving Historic Structures Modernizing Others Author: Eric Curl A modern looking arena could be in play, but a proposed Ferris wheel on River Street is out of bounds. City Manager Rob Hernandez recently shared his thoughts on architecture, historic preservation and development in Savannah, as the guest speaker at the Historic District Board of Review's recent retreat. During the hour-long discussion earlier this month, Hernandez also took time to describe one of his architectural "pet peeves." "I hate red brick," Hernandez said. "We seem to have this tremendous love affair with red brick." He said he would like the new arena the city plans to build west of the Historic District to have a more modern look, perhaps with stainless steel and glass, while still paying homage to history. "But it doesn't have to be rooted in red brick," he said. The arena site is outside the board's jurisdiction, but Chairman Stephen Merriman Jr. later said he is not necessarily opposed to a more modern looking building being built at the site. "I would be more opposed to build an arena that appears like it was built in the 1850s," Merriman said. "It gives a false sense of history." Hernandez also made it clear that he believes City Hall is no longer an efficient place for himself and other city staffers to work or for the Savannah City Council to hold their meetings. He talked about his plan to build a modern municipal complex in order to consolidate the city's workforce, while possibly converting City Hall into a "working museum" where the mayor and aldermen could have offices. "We're going to preserve City Hall," Hernandez said. "We have to preserve it, but the day-to-day stuff can go somewhere else." The 111-year-old building is in serious need of repairs, and funds for the structure's restoration will need to be raised, possibly by including the project in the 2019 special purpose local option sales tax referendum, he said. Hernandez got some pushback from board members when he said he was considering replacing City Hall's deteriorating wooden windows with modern faux-wood frames to make them more efficient and hurricane-resistant. Board members were concerned the move would ruin the building's historic integrity and lead to private developers also wanting to bypass ordinance requirements. They suggested the city install exterior wood windows with interior storm windows to achieve the results he is seeking. Otherwise, the historic protections in place would crumble, Merriman said. "That's one of the biggest things Savannah has going for it, is our ordinance," he said. There are some buildings that seem ripe for "funkification," such as the old East Side Theater on the corner of East Broad and East Gwinnett streets, Hernandez said. The historic theater with the words "Hungry World" across the old marquee has sat vacant for decades. "Not to be disrespectful of its character, but you can do cool things with it," Hernandez said. "That building has a lot of potential." In a similar vein, he would like to "funkify" Martin Luther King Jr. Boulevard around the Interstate 16 flyover, which he considers an eyesore. There have been plans proposed to demolish the ramp into downtown, but Hernandez said he does not 884 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-58 see the structure going anywhere anytime soon. But the city is too busy trying to put out daily fires and has little time to be creative, Hernandez said. "You're the folks that need to come up with those ideas and we'll support it when we can," he said. Hernandez also made it clear that some proposals will not fly as the city tries to balance the demands of tourism with preservation efforts and residential needs. Board members thanked him after Hernandez said he and the city council recently rejected a request to install a Ferris wheel on River Street. The 137-foot-tall observation wheel would have been installed on a city parking lot along the water between the Abercorn and Lincoln street ramps at an initial rate of $17,000 a month, under the lease agreement proposed by Missouri-based SkyStar Wheel. "When I looked at that request, I said no way," Hernandez said. Hernandez, who previously worked as the deputy county administrator of Broward County, Fla., became Savannah's city manager in October 2016. 885 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-59 Savannah Morning News (GA) December 1, 2017 City Considers Budget Cuts, Fees to Cover its Shortfall Hernandez: $187 Million Proposal a Starting Point Author: Eric Curl Savannah staffers are proposing a variety of revenue generating options and expense cuts for the 2018 budget to determine whether the Savannah City Council wants to implement service enhancements or reductions in the face of projected funding shortfalls. The preliminary spending plan presented during the first day of a two-day budget retreat on Thursday amounts to a "bare bones, no frills and somewhat painful" general fund budget of $187 million that includes almost $13 million in cuts to personnel, services and capital project investment, said City Manager Rob Hernandez. "It's not even a recommended budget or a proposed budget," Hernandez said. "It's just a starting point for our conversation." The second budget option of almost $200 million would sustain existing services, as well provide funding for performance-based wage increases and increase reserve funds for unforeseen expenses. The third spending plan would be an "enhanced budget" of about $213 million to cover expenses related to council priorities, such as additional police officers recommended by a consultant to improve emergency response times. Among the funding options staff presented was a proposed fee charged to all properties to cover the cost of fire department services and eliminate that department's dependence on tax revenue. Implementing a fee to cover the full cost of fire services would amount to $370 per household and raise an estimated $31.5 million, according to the budget report. A consultant, Ecological Planning Group, also presented reduced rates as an option that would cover between 50 percent and 75 percent of fire service costs and raise about $15.7 million to $23.6 million. Property tax increases and decreases of between half a mill and two mills were also proposed, with revenue impacts ranging between $2.5 million and $10 million. "Anything you decide today for this budget is going to play out and have an effect for the next few years," said Erick van Malssen, who was working with the fire fee consultant. A hardship fund to assist low-income property owners is now being considered as part of the fire fee proposal, if it is adopted. Savannah Alderman Van Johnson said he is still concerned about the fee's impact since renters would not be eligible to receive payments from the fund, even if the fee's cost was passed onto them by landlords. But Alderman Julian Miller said rental rates are established by the market and he does not expect tenants to be adversely affected as a result of the fee. Alderman Tony Thomas said renters would be impacted, but that the more than 5,800 tax-exempt property owners benefiting from fire services need to contribute to those costs. "Those folks have got to participate," Thomas said. "It's going to be tough for some people, but some people have been riding this system for decades." The $12.7 million in spending cuts are being proposed, despite projected increases in property 886 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-60 tax revenue and other tax revenue streams this year and next. The shortfall is due to a combination of factors, including an increase of tax exemptions, operating costs and growing debt payments related to property purchases, infrastructure improvements and public safety purchases, Hernandez said. "We have a lot of needs in the city that far exceed the revenues available to us," he said. A surplus of about $3.8 million is actually anticipated for 2017, due to higher than projected tax growth and salary savings from a hiring freeze. Those funds are proposed to be used to offset a budgeted use of reserve funds for 2017 and help cover expenses related to hurricane damages and capital project overruns. The city is also anticipating some employee payouts due to some officers joining the county police department, following the split of Savannah-Chatham police. Planned civilian staff cuts stemming from a government restructuring should only result in a "handful" of employees actually leaving the organization since those impacted will have the opportunity to fill other positions, Hernandez said. The second day of the budget retreat is scheduled to begin at 8:30 a.m. Friday. During the workshop staff will need the council to make a decision on what type of funding options or cuts they want to move ahead with, Hernandez said. "I have to get some clarification on what they want to do because I have to put together a final budget," he said. 887 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-61 Savannah Now – Savannah Morning News (GA) February 11, 2017 Poverty Persists in Savannah, Despite City Programs Author: Eric Curl Austin Spell, 20, wants to be a pipe-fitter or EMT. That is why he was recently sitting in a classroom at the Moses Jackson Advancement Center, where he and six others were registering for a GED program put on by Savannah Tech. Spell said he was pulled out of school by his stepfather in eighth grade and he does not have the educational background he needs to meet his career goals. “I’m planning on getting my bachelor’s degree and see what I can make out of myself,” he said. The GED program is one of many programs at the city-supported advancement center that are meant to help Savannah residents find employment. Still, Savannah’s high poverty level persists. The percentage of Savannah’s population living below the poverty level was almost 27 percent in 2015 — up from almost 22 percent in 2000, according to the US Census Bureau’s American Community Survey. The increase occurred as the city invested $2.7 million in general funds in anti-poverty programs between 2011 and 2016, including $642,600 to support the advancement center, according to a recent report presented by city staffers. During that time, another $1.1 million was spent supporting Step Up Savannah’s job training and anti- poverty initiatives, and $981,304 went toward various social service agencies. About a million dollars in federal funds supported the advancement center and social services offered by America’s Second Harvest of Coastal Georgia, Union Mission and Lutheran Services of Coastal Georgia. Taffanye Young, Community and Economic Development Bureau chief, recently attributed the increased poverty rate to the recession when she presented the report to the Savannah City Council during an economic mobility workshop. “You had a lot of jobs that were lost,” Young said. “A lot of people with higher incomes and higher skills ended up taking some of the lower skilled jobs.” And job training is no “magic bullet” when residents have child care, transportation, substance abuse and criminal background issues to deal with, Young said. Only 17 percent of the 507 individuals who received job training through the city-funded programs since 2011 ended up becoming employed, according to the staff report. Those type of results are not satisfactory, City Manager Rob Hernandez told the council. “We may have to do something entirely different with some of these populations that have drastic barriers,” Hernandez said. Hospitality programs Other programs have fared better, however. The US Department of Labor’s Workforce Innovation and Opportunity Act only employed 34 percent of the 1,256 Chatham County participants since 2011, although many of those participants are still engaged in the program, according to the staff report. And since 2014, 316 adults received job training through the Step Up’s Chatham Apprentice Program, with 59 percent becoming employed. Another 159 jobs have been created or retained since 2011 for low- to moderate-income residents through a city- supported loan program administered by the Small Business Assistance Corporation. Goodwill of Southeast Georgia is helping residents find work with the launch this year of a hospitality training program at the advancement center. Rashena Platt, one of the six-week program’s 888 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-62 participants, said that after three months of being unemployed, the program helped “get her foot in the door” and find a job as a housekeeper. Whether hospitality-based jobs will help Savannah reduce the poverty rate has been a matter of local debate. The growing number of hotels has drawn some criticism from residents, who are concerned about the city becoming too dependent on what they contend are low paying jobs. But Borish Jenkins, a Goodwill Career Center assistant who conducts the training course, said the hospitality industry does offer opportunities for advancement and better pay. Hotel employees, for instance, can start as a housekeeper, go to front desk, then become a supervisor and from supervisor become a general manager, said Jenkins, a former hotel employee himself. “I know it can be lucrative,” he said. And some hotels, such as developer Richard Kessler’s Plant Riverside $270 million hotel project being built along West River Street, are going to be offering higher pay, Jenkins said. The Plant Riverside project is located in a state opportunity zone, which makes Kessler eligible for job tax credits for providing employment in an impoverished area. The hotel is supposed to create 700 full-time permanent positions with benefits, including health insurance, and Kessler is required to pay at least $10.25 as part of the tax credit agreement, but he has said beginning wages could reach as high as $15 an hour . As for Platt’s plans, she said she plans on working her way up to be a manager. “You always have an opportunity for advancement,” she said. “So just take your time and move up.” ‘Outside the box’ City staffers said that they plan on improving coordination among service providers, identify new revenue sources, aggressively promote programs, and think “outside the box” to reduce the poverty rate and provide more employment opportunities. Young said that the city may want to try to re-implement a partnership with a local church that had retirees provide training, such as brick laying, for residents seeking job skills. Staff is also working on a proposal that will hopefully address some of the hard to hire issues with respect to city contracts and city employment, Hernandez said. 889 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-63 https://www.wsav.com/news/savannahs-city-manager-on-his-first-3-weeks/ Nov 9, 2016 Savannah’s City Manager on His First 3 Weeks by: Andrew Davis He was the choice of the council to lead the city of Savannah. In just three weeks on the job, City Manager Rob Hernandez has already been through a hurricane and multiple murders. But what does Savannah’s City Manager thinks the next three weeks, months, even years may hold. “Making decisions without having all the appropriate facts or knowing all the different facets of the community that could be dangerous,” said Hernandez. That’s why Rob Hernandez says he is in “listen, learn and observe” mode. Observing the community he now helps shape. Shaping with a community and a staff he has already seen deal with a hurricane, and thrive under pressure. ‘The reverse would be that i’m here 6 months or a year and we would have a crisis and what would be going through my mind would be, well i don’t know who I would rely on, I don’t know how this team is going to perform, I now know that,” explained the City Manager. He also knows is that crime in Savannah is a problem. “The community is very concerned about it, the community expects us to take proactive measures and we have,” said Hernandez. But the same community also may be too focused on each and every criminal act. “When we have an instance of crime that happens here it’s unfortunate,” explains Hernandez. “But it stands out more i think in the community mindset because it’s out there its closer to them it gets publicized more in the city of Savannah.” But he is not ready to rubber stamp the high cost of putting more officers on the streets. Stressing Fiscal responsibility, he hopes to find “progressive” ways to get police what they want in 2017. “My job is to balance all the competing needs in the community and to try to make a fiscally sound and operationally sound recommendation to the nine that eventually have to make the decisions,” explained the City Manager. The decisions about growth of our city is foremost on Hernandez’s mind. “We can’t afford to be as methodical as we have been in the past again because the world is moving at a breakneck speed, and we have to keep up with the world,” said Hernandez. “Are we behind?” “I’m not saying we are behind. But we have to pick up the pace.” Pace of life, and pace of drawing businesses to Savannah. “Make sure they know Savannah more than just a great place to visit. A great place to relocate your business,” said Hernandez. “Oh and by the way they have a really great local government as well.” 890 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-64 Sun Sentinel SEP 21, 2016 Deputy Broward administrator leaving for Savannah By Brittany Wallman The No. 2 official in Broward County government has resigned, after accepting a job in Georgia. Roberto "Rob" Hernandez, deputy county administrator, said in a letter to County Administrator Bertha Henry earlier this month that it was with "great sorrow'' he submits his resignation. Hernandez was responsible for a large portion of county government, and also brokered the deal with the Florida Panthers that increased the hockey club's public subsidy but helped ensure the team would stay. In a handwritten note on the resignation letter, he thanked Henry for mentoring him, and giving him "the tough tasks to take on, like the arena." Besides the deputy position, Henry has two assistant county administrators, Monica Cepero and Alphonso Jefferson, and two assistants to the county administrator, Gretchen Cassini and Alan Cohen. Hernandez has been the deputy in Coral Springs and in Atlanta's Fulton County. But he said his professional goal was to be in the top position. "I'm not getting any younger and the years are just flying by, so this was the right time and the right community," the 50-year-old Hernandez said in an email recently. "I did not want to take any city manager or county manager job just for the sake of it, unless the community was right. Savannah is a nice town with lots of positive attributes and challenges, too." Hernandez's resignation is effective Oct. 9. 891 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-65 WTOC 11 (GA) August 11, 2016 City of Savannah Names Roberto Hernandez as Sole Finalist for City Manager Author: Sean Evans The City of Savannah held a news conference on Thursday to discuss updates in the search for the new city manager. After a nationwide search, and in a unanimous consensus and recommendation, Roberto Hernandez, deputy county administrator of Broward County, Florida, has been named the sole finalist for the position of City Manager of Savannah. Choosing Hernandez was a unanimous decision by city council members, and Hernandez has accepted the offer pending contractual negotiations according to Mayor Eddie DeLoach. Deloach said Hernandez's hands-on approach, experience in government and energy are some of the qualities that separated him from the other candidates. According to the Broward County Government website: Hernandez is an ICMA-Credentialed Manager with more than twenty years of progressive and responsible local government management experience. He re-joined Broward County in July 2013 as Deputy County Administrator. Previously, he served as Deputy City Manager for the City of Coral Springs overseeing various city functions as well as the city's community redevelopment agency. Prior to Coral Springs, he served as Deputy County Manager for Fulton County, Ga., where he oversaw public safety agencies, unincorporated area services, the Office of the Child Attorney, offender reentry program, and coordinated with the County's constitutional and judicial agencies. He previously served Broward County in a variety of capacities from 1994 through 2008, including serving as an Assistant to the County Administrator from November 2003 to June 2008. Rob retired from the U.S. Army Reserves in 2008 after a 23-year career, most recently serving as a senior instructor in civil-military operations. Hernandez was a finalist for two other jobs previously. He was a finalist for the El Paso County, TX County Administrator position earlier this year, and was a finalist for the Delray Beach City Manager position in 2014. Hernandez talked about the advantages the region presents, with the ports, travel opportunities with Savannah-Hilton Head International Airport and the proximity to the beach and overall rich history, as well as the military presence. "I was very impressed by the passion from the city council in terms of what they see happening in the city over time, and their strong dedication to the community. That really, that really sold me," said Hernandez. While in Fulton County, Hernandez oversaw multiple departments including police, fire and rescue and also served as the county manager's liaison with judicial agencies. Mayor DeLoach says he believes Hernandez could come in and start working right away with the police department and judicial services in Savannah to address crime. Alderwoman Carol Bell says she was impressed with how much Mr. Hernandez knew about the city and its operations already. So WTOC asked the front-runner what he's observed so far and hopes to achieve as the next city manager. "The need for continued re-investment in certain communities, a progressive strategy for bringing new investment for the community, for growing jobs. For 892 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-66 fixing and updating the condition of the infrastructure. Those are the things that everybody goes through, it's very common. But that's certainly something that I'm going to have to tackle once I get there," said Hernandez. Savannah City Council members met on Wednesday to hear from the search committee about where they are on the final candidates up for the position. The council and search committee then met behind closed doors in an executive session. Current City Manager Stephanie Cutter announced her retirement at the beginning of the year, setting into motion a nationwide search for her replacement. So, what exactly was the city looking for when they put out the posting for a new city manager? It's an important question given that at least the last two city managers were not what the respective city councils eventually wanted in the role. First of all, for those who forgot or perhaps never knew, ours is a Council/City manager form of government. Meaning while the council appoints a city manager, the city manager runs the city and some might argue, the city council itself. First and foremost council was looking for a person who had worked with and understood the challenges of a diverse community, not just racially but economically. Someone who could bring new ideas for breaking the cycle of poverty among those living in certain neglected parts of Savannah. And, of course, someone who bring new ideas to the table when it comes to fighting violent crime, in particular, gun violence. Here's an interesting role they want this person to fill: possible ax-man. Council, at least the newest members, want this new city manager to review city government top to bottom and start cutting if Savannah's City Hall has gotten too big, and taxpayers are paying too much for something that could be done with fewer people and resources. For filling this role, our new city manager will receive the city's benefits package and a salary between $210,000 and $300,000. That's yet to be negotiated if Roberto Hernandez is our man. We mention briefly where this candidate has been and what positions he's held in the past. You may be thinking of all his deputy roles that this guy has always been the groomsman and never the groom. And Hernandez anticipated that issue in his actual resume' saying, "…I've resisted the temptation to 'chase' city manager positions solely for the sake of becoming a city manager at any cost. Instead, I've judiciously and patiently served in deputy roles in great organizations and exceptional communities." Hernandez considers himself a pretty simply, straight-forward guy. He says his management style is fluid. It adapts to the specific situation. Not that we're looking yet, but Hernandez will tell you he is clean. This is what he told recruiters before tossing his hat in the ring: "…There is 'no dirt' on me. I live a clean, simple life, prefer to tell things as I see it, and sleep well at night." We will continue to follow those negotiations and let you know exactly what the city decides when it comes to salary, contract length, start time and other allowances. 893 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-67 Tribune Content Agency News Service (USA) May 20, 2016 Is Broward ready for a hurricane hit? Drill shows how rescue would work Author: David Fleshler May 20--After raking the Florida Keys and Miami-Dade County, Hurricane Kimo reached Miramar as a lethal Category 3 storm, with sustained winds of 129 mph, and tore a diagonal corridor to Deerfield Beach. The slow-moving storm bore into the county for seven hours. A tornado struck Pembroke Pines, Cooper City, Davie and Fort Lauderdale. An eight-foot storm surge trapped people on barrier islands. With cell towers damaged, many smart phones became useless. This was the scenario Thursday as Broward County conducted a full-scale hurricane drill at the Emergency Operations Center in Plantation to prepare for the June 1 opening of hurricane season. About 300 people gathered on the operations center's vast open second floor to practice receiving calls for help, coordinating responses and dealing with the countless challenges of a natural disaster. "We've got to get it right the first time," Rob Hernandez, deputy county administrator, told the group. "The public expects that we'll get it right the first time. We can't offer them excuses. There are no alibis, there are no mulligans." The scenario began seven hours after the all-clear, as the county lay damaged, darkened by power outages and full of a untold crises, with fatalities reported, residents trapped by floodwaters and many situations requiring immediate attention. Like much of contemporary life, the response to the crisis would be coordinated largely through a computer software program, in this case WebEOC 8.0, a crisis-management system developed by Intermedix Corp. of Fort Lauderdale. As calls for help and reports of problems such as power outages came in, it was up to those in the room to route them to the right agency or issue the correct orders to deal with them. The group included representatives of law enforcement agencies, fire departments, the county government, Florida Power & Light Co., city governments, the Red Cross and many other organizations. A call to rescue four people trapped on a roof in Oakland Park was routed to the Broward Sheriff's Office, said Major Kevin Shults, who headed the Sheriff's Office group at the emergency operations center. But the law enforcement agency's helicopters didn't have the sort of basket-and-line system required for such an endeavor. They asked the Coast Guard to do it instead. A call for water came from Pompano Beach, where the storm damaged the treatment plant, reducing its output by half. Alan Garcia, director of the county's division of water and wastewater services, ordered emergency interconnects from a county water plant that would temporarily provide the city with sufficient water. In the pressroom, public communications specialist Cindy Malin scrawled occasional updates on a white board: "Flooding and tornado damage throughout county. Exact location TBD." "Drones being used to assess damage." As the various reports, crises and calls for help came in, evaluators in green vests observed the work in each area. They will prepare written reports. The Red Cross, which operates shelters, faced a crisis when 2,500 people showed up at a Coconut Creek shelter that was already full. The issue was "escalated" to a high-ranking group of 894 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-68 decision-makers, who authorized the opening of an additional shelter. "The exercise is to test our abilities to collaborate, communicate and respond," said Roberto Baltodano, the Red Cross' regional communications manager. "These are things that could happen during a real hurricane. We've had these hurricane scenarios." The county has not seen a direct hit from a hurricane since Wilma in 2005. "It's been 11 years since we had one," County Mayor Marty Kiar said to the group before the drill began. "Hopefully this will be another year that we're hurricane-free. But eventually we're going to get hit." 895 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-69 South Florida Sun Sentinel (FL) Dec 8, 2015 Deal helps Panthers, helps Broward more The Broward County Commission should approve a new agreement today with the Florida Panthers because the deal would better protect the public's investment in the BB&T Center. One can argue persuasively the county was wrong to make that investment of tourist tax revenue 20 years ago, when the Panthers wanted out of the old Miami Arena. A National Hockey League team draws fewer tourists than Broward's beaches and the convention center. The county, however, can't back out of that commitment. With that in mind, county administrators make their more persuasive case for the front-loaded $86 million deal that would run through 2028. One argument against the deal is the public shouldn't subsidize the rich owners of the Panthers. Deputy County Administrator Roberto Hernandez responds that the money -- none of it property tax revenue -- would go toward the arena, not the Panthers. The team owners also run the company that manages the BB&T Center. They would have to spend the $86 million on improving, operating and promoting the arena, of which the team is the main tenant. The county would have to sign off on the improvements. The team also would continue to pay $5.3 million per year toward the arena's debt, which will be paid off in 2028. So the county's investment would go to the county's facility. The other main argument against the deal is the county should spend the money on projects that better play to Broward's tourism strengths -- such as beaches. Two other key priorities are an expanded convention center and a convention center hotel. The arena is far from the county's major tourism hubs. Hernandez acknowledged, "We are very sensitive to that." He believes, however, the county can "meet all of our obligations" regarding tourism promotion, especially beach renourishment. County officials, Hernandez said, routinely have made conservative estimates of 3 percent for increases in tourist tax revenue. In fact, annual increases have been more like 5 percent. The county has put much of that balance in reserve, Hernandez said. A recent study of the tourist tax questioned the amount of money held in reserve. Doing so, Hernandez said, means the county can use that money for one-time projects like beach renourishment and still pay the recurring expenses of the Panthers deal. Part of this story is the coming debate over raising the tourist tax from 5 percent to 6 percent, even though none of that potential revenue is part of the Panthers deal. It is generally agreed money from the sixth cent would go toward convention center expansion. Hernandez said the county is waiting for bids on the expansion. When administrators have an idea of the cost, the county will start discussions on raising the tax. Miami-Dade and Palm Beach counties have raised their tourist taxes to 6 percent. +The deal would cut the county in for a share of profits if the money-losing Panthers became big winners on the ice and financially. The arena would have a better chance of getting an all-star game, and the team would continue to help youth hockey in Broward. All are nice points, but the focus of the deal, correctly, would remain 896 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-70 on the BB&T Center. The healthier it is, the better for the county. Losing the Panthers would mean losing 40 dates, and the BB&T Center has lots of regional competitors. So the arena is healthier with the Panthers, and with the team having a better chance to succeed. Having studied the financials, Hernandez said, "We came to the conclusion that it would cost the county almost as much if the team stayed as if the team left. It's almost an economic wash. So if we would pay with or without them, it's better to have them." The deal would allow the Panthers to leave after eight years, but the team would have to repay the $72 million in tourist tax revenue it had received. If the team left after eight years, the county would have enough money to repay the arena debt. As long as the Panthers stay, Hernandez said, "We transfer a lot of the responsibility to the team." The county also would get development rights to land around the arena. One other point in the deal is worth noting. Two decades ago, the county committed to spending two cents of tourist tax revenue on the arena. The county hasn't met that obligation. Under the deal, Hernandez said, the Panthers would drop all claims to any unspent money. There might be emotional reasons to reject the Panthers deal. There are better business reasons to approve it. 897 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-71 Capital Gazette (PA) March 3, 2015 Broward Commission Brainstorms Ways to Help Struggling Center Pocket of County Author: Brittany Wallman In the heart of Broward County is a zone of economic depression that even the most dramatic real estate boom didn't lift out of poverty. The unincorporated neighborhoods in the 33311 zip code — roughly between Interstate 95 and U.S. 441, north of Broward Boulevard — were left behind by the cities around them. No city will take them. County commissioners are their only local government. Commissioners met Tuesday to talk about the central county community — four mostly African-American neighborhoods of about 7,000 people — and agree on a host of small efforts to help. Only $4.8 million is allotted for economic development there — a sliver of the county's overall $4.1 billion budget. County Commissioner Dale Holness, the area's only direct local representative, said it's the first economic development money the county has spent there since the 1980s. About $30 million has been spent on improvements of roadways, bus shelters, drainage and the like. The moves commissioners endorsed Tuesday are hardly dramatic: Relocating a Boys and Girls Club to Delevoe Park, continuing building homes on 144 lots the county owns, working with small businesses to improve properties by offering loans or grants, giving a makeover to some of the roadways, improving parks, and banking land for future redevelopment. No one promised an immediate turnaround. "It doesn't happen overnight,'' county Economic Development Director Sandy-Michael McDonald warned. But county leaders said they support a renewed focus. "I'm glad to see we're moving forward with some planning,'' Holness said, "because the community desperately needs it.'' While the rest of Broward enjoys a rebound from the Great Recession, with three years now of positive economic growth, the central county zone remains stagnant. "These communities look to us to guide them along the way to economic prosperity in their neighborhoods,'' Deputy County Administrator Rob Hernandez said. Joblessness is down to about 5 percent countywide. But in Central Broward, it ranges from 21 percent in Boulevard Gardens, to 22 percent in Roosevelt Gardens, to 32 percent in Washington Park, to an astounding 44 percent in Franklin Park. Holness said many residents there lack transportation and job skills, and some have criminal backgrounds — all obstacles to employment. Countywide, the median household income is $51,251. In the central county area, it's significantly lower, at $33,432, Assistant County Administrator Alphonso Jefferson said. Crime is down there, county officials said. Still, the number of rapes, burglaries, car thefts and assaults are relatively high in such a small area, county leaders said, and residents complain they regularly witness drug deals and prostitution, as well as assaults. Broward County Administrator Bertha Henry said she would begin implementing the economic development ideas discussed Tuesday. McDonald said he hoped to leverage the money to spark private investment from business owners. Each project will return to a County Commission agenda for approvals. Across downtown, at the Fort Lauderdale City Commission, Commissioner Robert McKinzie asked that the city take another look at annexing the unincorporated areas. The city will move in that direction. 898 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-72 Broward New Times (FL) March 18, 2014 Florida Panthers Asking for Public Money, but Proposal Seems to Benefit Only the Team Author: Chris Joseph Looks like the Florida Panthers' latest proposal to Broward County has altered language that would basically screw over the county while they make the big dough, according to a rundown of the proposal by the Sun Sentinel. The first proposal the Panthers made at the beginning of the year had asked the county for something around $70 million, claiming that they had been losing $20 million and that they need public funds to keep from being dissolved from the NHL. This latest proposal asks for $80 million or more. The Panthers also want to develop 22 acres north of the BB&T Center for a casino-hotel that the county is also supposed to pay for. The Panthers turned over the 57-page proposal to Broward County commissioners and, according to the Sentinel's findings, it boils down to more money for the team while the county gets the shaft. Those wishes are not far off from when the team asked for county money originally back in January. The team's original proposal included taking $4.5 million of its annual payment off the books and having it picked up by Broward County. The team also asked the county to contribute $500,000 a year toward maintenance. The latest proposal says the Panthers need a hotel-tax subsidy package worth $80 million over the next 14 years to keep them from losing money. But the overall deal would seem to benefit only the Panthers. "As currently written in their proposal," Deputy County Administrator Rob Hernandez told the Sun-Sentinel, "it would definitely have an impact on our ability to share in any of the profits." County officials say they won't support the proposal without a better return for Broward's taxpayers. Back in September, the Panthers were bought for $240 million by Cliff Viner and Sunrise Sports & Entertainment to a group led by New York businessman Vincent Viola. The Panthers have had an operating loss of $12 million for the 2011-12 season and were worth $170 million, according to Forbes. As for Panther and hockey fans' reaction to this, they took to Twitter with the usual vitriol. 899 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-73 US Fed News (USA) August 11, 2013 Broward County Names New Deputy County Administrator Author: Staff Broward County has issued the following news release: Broward County Administrator Bertha Henry has announced the appointment of Roberto "Rob" Hernandez as the new Deputy County Administrator. Hernandez is an experienced public servant who served as deputy county manager for Fulton County, Georgia, and most recently as deputy city manager for Coral Springs in Broward County. He is returning to County Government, where he first began serving the County in 1994 and most recently served as an assistant to the county administrator from 2003 to 2008. As deputy county administrator, Hernandez will assist the administrator in managing the day-to-day operations of the County, and oversee the activities of several large departments, including Public Works, Human Services and Environmental Protection and Growth Management, as well as the Parks and Recreation, Libraries and Cultural divisions. Also reporting to Hernandez will be the Office of Economic and Small Business Development, Office of Public Communications, Office of Intergovernmental Affairs and Professional Standards, and the Office of the Medical Examiner and Trauma Services. Henry said, "We are excited to have Rob back with Broward County. He has dedicated much of his professional life to public service and has a keen understanding of how county government programs and services help meet the needs of our residents, businesses and visitors. He will be a valuable asset to the County and the community." Hernandez has a bachelor's degree in public administration from Florida International University, and a master's degree in public administration from Nova Southeastern University. He is a graduate of the Broward Fire Academy and the U.S. Army John F. Kennedy Special Warfare Center and School. He retired from the U.S. Army Reserves in 2008 after a 23-year career, most recently serving as a senior instructor in civil-military operations. 900 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-74 McClatchy-Tribune Regional News (USA) February 6, 2013 Brief: Coral Springs Offers Incentive to Company Author: Lisa J. Huriash Taxpayers will be handing over cash to a new business considering coming to town, although they don't know yet who is getting the check. City officials said the business, described as a "pharmaceutical manufacturing, research and development" company, is a coup for the city. The company is expected to bring 108 jobs and a new source of tax revenue to the city. Dubbed "Project Rock Solid," the business will receive $540,000 in state, county and city money in incentives through the state's qualified target industry tax refund program. In addition to the city's portion of $54,000, city commissioners agreed Tuesday to allow $825,000 in credits that would normally be paid for fees such as building permits. "The bottom line is if we don't offer incentives, somebody else will," said Rob Hernandez, deputy city manager. "It's the cost of doing business." The company is allowed by state law to remain unknown to the public while it's in this process of receiving incentive money. Hernandez said the company asked to remain anonymous for competitive reasons. 901 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-75 McClatchy-Tribune Regional News (USA) December 13, 2012 Coral Springs to Consider building New City Hall Author: Lisa J. Huriash City commissioners said Tuesday they were open to the idea of spending millions of dollars to construct a brand new City Hall. "To me, the short answer is yes," said Commissioner Claudette Bruck. "We should proceed and we should proceed now." City leaders must now decide if they really want the new building, where it will go and how to pay for the estimated $25 million cost. It will eventually be a "financial decision," said Vice Mayor Tom Powers. "There's way too many questions." For about a year, former Mayor Roy Gold had proposed closing both City Hall buildings on the north and south sides of Sample Road to construct one large facility. But while some commissioners had previously said the project could become unwieldy and too expensive and they doubted there would be public support, the majority now seem open to at least further discussion. Deputy City Manager Rob Hernandez said the 45-year-old building was "outdated and functionally obsolete." "You can go anywhere and hear conversations in the next office," he said. And, the current building is "not a source of civic pride." "That's depressing," Bruck said. Hernandez also said the current building is expensive to keep up, with $1 million alone needed to retrofit the building to accommodate a new telephone system. "If we're pouring money into a facility that is no longer worth pouring money into," the commission should consider a new building, said Commissioner Dan Daley. City Manager Erdal Donmez said the city staff will come back with "more refined numbers" in late January with the projected costs to build a new City Hall at various spots, which include the current location, Mullins Park, and the area envisioned to be built as a downtown. Several South Florida cities have recently built new City Hall complexes. Doral earlier this year spent $22 million on its new building and Wellington built its new building last year for $10.5 million. In Coral Springs, officials said municipal bonds would be the best way to cover the expense Commissioner Larry Vignola said he has always opposed the plan and still does. "Is it a top priority to spend more than $20 million on? Not in my opinion, and not in the opinion of the majority of our residents. I don't why we're still talking about this. I don't think now is the time for a project like that." 902 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-76 South Florida Sun Sentinel (FL) November 24, 2011 Springs Gets New Deputy City Manager Author: Arun Sivasankaran Roberto Hernandez, who has over 20 years of progressive and responsible local government management experience, has been appointed Coral Springs Deputy City Manager. "I look forward to leveraging Rob's operational expertise to continue delivering exceptional services to our community with the best possible level of service," City Manager Erdal Donmez said. Prior to joining Coral Springs, Hernandez was the Deputy County Manager for Fulton County since 2008. Hernandez also served as an Assistant to the County Administrator for Broward County. Before that, Hernandez served in a number of key roles with local government. His professional experience includes key positions in public safety, housing and community development, and social services. In addition, his military service includes more than 23 years in the U.S. Army Reserves. He has held several leadership positions and has served on Active Duty in support of several military operations. Hernandez holds a Master of Public Administration degree from Nova Southeastern University and a Bachelor of Public Administration from Florida International University. Hernandez also obtained his certification in firefighting from the Broward Fire Academy. 903 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-77 The Atlanta Journal-Constitution (GA) May 25, 2011 Illegal Dumping Putting the Brakes on Tire Dumping It's no Easy Task as Illegal Activity Stealthily Spreads Across State Author: Ernie Suggs Over 10 days last fall, someone made three trips to the Arts Exchange and dumped more than 1,000 old, dirty tires onto the property. The location was ideal. Easy access off I-20 in southeast Atlanta. A dead-end road. A wide-open space. Across Georgia, there are hundreds of examples of illegal tire dumping such as this, on public and private lands, creating a problem that is as much health hazard as it is eyesore. Of 10 million scrap tires generated in the state annually, an estimated 1.5 million are discarded illegally, the Georgia Environmental Protection Division said. And Atlanta finds itself at the center of this rubberized abandonment, with its city council compelled this week to form a separate tire commission to combat the violators. The city annually deals with 450,000 scrap tires, nearly 70,000 of them dumped illegally, said Winthrop Brown, Georgia EPD program manager. Not surprisingly, money is at the heart of this problem: Tire salvagers get paid to collect tires but many of them won't pay for recycling. So they dump the tires. Everywhere they can. "It is a very significant problem in the state, because of the expense and because these tires are breeding spots for mosquitoes and vectors," said Brown, noting that Newton County last year collected 67,000 dumped tires. "Dumping is bad in metro Atlanta because of the population, but dumping is increasing in rural areas because of the distance they have to travel to get rid of tires." As part of his job, the EPD's Brown regulates how tires are disposed from car dealerships and tire shops, among others. Businesses must pay for a carrier to pick up truckloads of old tires. Otherwise, there is little concentrated enforcement. Tire dumping is a felony, but there are just five criminal cases currently pursued by the state, though several people previously have served prison time for this offense, Brown said. "If nobody calls it in, we have a hard time prosecuting," Brown said, adding there are only a few local jurisdictions, such as Columbus and Macon, that have their own laws on the books, though state regulations exist. In April, Atlanta Councilwoman Joyce Sheperd, who pushed for the tire commission, led a clean-up in District 12 in which 2,000 tossed tires were collected. In southeast Atlanta, she has overseen the retrieval of 4,711 tires this year, and more than 10,000 over the past five years. Fulton County Deputy Manager Rob Hernandez said south Fulton has the same problem as Atlanta with illegal tire dumping and no ready solution. The county has considered putting a deposit price on used tires, similar to glass bottles, to encourage residents to take them to a landfill. "It's difficult to prosecute offenders unless they're caught in the act," Hernandez said, "and Fulton lacks the staff to try to trace tires back to suppliers and find out who they were sold to." Last summer, the Fulton County health department spent $23,000 on a tire drive that netted 2,100 tires. The public works department pays $50,000 per year to dispose of old tires. "This has been a real problem for us," said Cheryl Odeleye of the Arts Exchange, surveying the endless 904 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-78 and unwanted black mountain left near the center. "It is a health hazard. And it is a morale downer for someone to come in and be so disrespectful to us." Piles of old tires don't necessarily present toxic health issues, rather they serve as nesting places for rats, snakes and mosquitoes, little consolation to those left with this mess. Across metro Atlanta, jurisdictions vary in how to deal with dump sites. DeKalb County officials said they defer to state law in dealing with tire dumping. In Clayton County, illegal dumping can land someone in jail for six months. Cobb County claimed it hasn't had much of an issue with discarded tires, outside of a few isolated incidents. "What a lot of people don't understand is that there are a lot of expenses involved in tire disposal," Dewey Grantham of Liberty Tire Recycling said. If operating lawfully, a carrier takes used tires to a recycler, where in Georgia there is a 90 percent chance these tires will be converted to fuel. A carrier typically charges $2 per tire, but has to pay the recycler $1 for each, cutting into the profit. An illegal carrier might charge $1.50 per tire on pick-ups, bypass the recycler and leave the tires at an isolated place like the Arts Exchange. There also have been cases in which people have rented trucks and abandoned them filled with old tires. Bolder criminals have stocked empty warehouses with worn tires. The state lacks funding to properly monitor tire disposal. For every new tire larger than 12 inches and sold in Georgia, a consumer pays a $1 fee, which was supposed to go to a solid waste fund. Yet for two years, state lawmakers have diverted the funds elsewhere, covering other needs. Limited state spending also has resulted in fewer inspectors, making it harder to monitor and clean up tire dump sites. The Arts Exchange, even with more than 1,000 tires, had what was considered a small clean-up. Liberty Tire Recycling volunteered to remove the tires, employing four workers. The tires were loaded in less than two hours. Grantham said his company processes 25,000 tires daily. "What is unfortunate is that illegal tire dumping gives tire recycling a bad name," Grantham said. Tire disposal Number of scrap tires generated in Georgia annually: 10 million Number of those that are disposed of illegally: 1.5 million Fulton public works department's expense each year for tire disposal: $50,000 State fee charged on each new tire larger than 12 inches that is supposed to fund a solid waste fund, but has been diverted for the past two years for other purposes: $1 905 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-79 The Atlanta Journal-Constitution (GA) May 16, 2011 Your Tax Dollars Grumbling Greets Amphitheater Supporters See Boon for South Fulton; Opponents Question Use of Funds Author: Johnny Edwards South Fulton has a lot to brag about these days. After last week's announcement that Porsche would leave Sandy Springs to build its North American headquarters near Hapeville, Fulton County officials will open the new 5,200-seat Wolf Creek Amphitheater. Supporters are counting on the venue becoming another Chastain Park, a regional draw where picnicking music fans take in classy, intimate concerts. Fulton County Commissioner William "Bill" Edwards, who has championed the $6.1 million project for the past decade, predicts it will draw the spending power of concertgoers from throughout the metro area to nearby stores and restaurants, bolstering a local economy hit hard by the recession. But the amphitheater is a sore subject for north Fulton residents who say it's another case of the county government using their tax money for projects that don't benefit them. State Rep. Lynne Riley, R-Johns Creek, who opposed the amphitheater when she was a Fulton commissioner, said the $6.1 million shouldn't have come from the county's general fund. "Every citizen of Fulton County, regardless of where they live, top to bottom, is underwriting the cost of operating that facility," she said, "whether it's a gain or a loss." Edwards said south Fulton residents pay county taxes, too. "South Fulton needs to be able to live, work and play right where they are," he said. Business owners between the amphitheater, which is off Camp Creek Parkway, and I-285 expect a boost. Anwar Noorali, owner of Camp Creek World of Beverage, predicts a 15 percent to 20 percent increase in business on concert days from wine shoppers. "Any economic activity, and concerts that bring in a lot of people, will definitely be good for the local economy," Noorali said. But some point to the location -- in the flight path of the world's busiest airport -- as an issue. Michael Fitzgerald, a Johns Creek resident and member of the Milton County Legislative Advisory Committee, said he can't fathom making a 45-mile drive to attend a show there, not with the constant roar of jet planes overhead. "One of the problems with Fulton County is it's too big, and that's a long way," he said. The Wolf Creek Amphitheater has stirred tensions along the way. When the construction contract was approved in 2008, Riley and Commissioner Tom Lowe were outvoted 4-2. Riley contended that figures from a 2005 feasibility study -- which predicted the amphitheater would be profitable after three years -- needed to be updated. Edwards fired back that she and Lowe were trying to sabotage a revenue-generating project that south Fulton wanted. Edwards also brought up that the county spent $1 million on Alpharetta's Verizon Wireless Amphitheatre, which was privately built. The county's contribution came through a trade-off for north Fulton not having garbage service at the time. Gary Bongiovanni, editor-in-chief of Pollstar Magazine, 906 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-80 said a 5,200-seat venue will have a tough time up against the 6,500-seat Chastain Park in Buckhead, the 12,000-seat Verizon amphitheater, and the 19,000-seat Aaron's Amphitheatre at Lakewood in southeast Atlanta. The proximity to Hartsfield-Jackson International Airport won't help, Bongiovanni said. "Especially if you're talking about doing any acoustic acts," he said. Fulton County Arts Council interim Director Michael Simanga, whose department will run the amphitheater, said he isn't worried about planes. Before construction began, the county held free concerts at the site, including Atlanta Symphony Orchestra performances. "You can't really hear it, once the music is playing," Simanga said. Grammy-winning soul/R&B singer India Arie will perform a free concert June 4 for the grand opening. No shows have been booked after that, he said, though he's in negotiations for some. Riley questions whether Wolf Creek will cover its operating costs. The county doesn't have a detailed operating budget yet. Deputy County Manager Rob Hernandez said planners didn't expect the facility to be finished this soon, so the upcoming concert season will be something of a trial run, with 10 shows at the most. The plan is to recoup costs through concert bookings, and the County Commission has approved a fee schedule. Expenses should be limited to electricity, water, janitorial maintenance and groundskeeping, like any public park, Hernandez said. Wolf Creek was the shooting venue for the 1996 Olympics, and it currently houses a police training center. A new library is in the works, and other plans include a sports complex, walking trails, horse trails, and an arts, cultural and events center, which also could generate revenue through bookings, Edwards said. Alre Alston, owner of the Ultimate Bar and Grille in Camp Creek Pointe shopping center, expects the amphitheater to bring him customers before and after shows. "I think it will be a good thing, as long as they bring in the quality clientele, not the rough clientele," he said. Edwards said the county won't allow hard-core rap acts. He's looking for shows that appeal to south Fulton residents, citing performers that played free concerts -- R&B groups such as the Manhattans, the Spinners, the Dells and the O'Jays. However, he said, north Fulton residents are welcome to book shows, too. The amphitheater also can be used for church functions and graduations. On a recent visit, Edwards showed off the massive stage, the pristine dressing rooms for stars and the 4 feet of legroom between the rows of seats. He said he has no doubt the project will pay for itself. "It isn't about being sustaining," Edwards said. "Let me tell you what we want to pay: lights and water. This is for the people, for people to come out here and have a good time." 907 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-81 The Atlanta Journal-Constitution (GA) January 22, 2011 Fulton Hikes Club Fees Despite Suit Judge Declared Adult Ordinance Invalid after Free Speech Dispute Strip Joints' Attorneys Debating Next Step Author: Johnny Edwards Fulton County will raise fees on strip clubs by hundreds of dollars this year and double them for nude dancers, even though the county remains locked in litigation over the fees after a federal judge recently declared the adult entertainment ordinance unconstitutional. With no discussion, the commission voted 5-1 this week to raise a list of fees on businesses and residents in unincorporated south Fulton expected to generate an extra $303,601 per year. Amid new and increased rates for false alarms, fire safety inspections, escort services and door-to-door salesmen were several license and permit hikes on the county's three nude bars off Fulton Industrial Boulevard. Attorneys for the clubs say they are considering what to do: whether to seek an injunction or pay the fees and hope to recoup them as damages. "I don't know what right they have to increase them when the case is still being litigated," said Jim Cline, who represents Riley's Showbar. "I guess they can do whatever they want. I guess we can argue about it when we get to the end." Rob Hernandez, the deputy county manager for the South Fulton Special Services District, said the county attorney advised officials that since the lawsuit is still pending, Fulton is justified in raising the fees. If a club refuses to pay, it could have its license revoked and would face closure, he said. "There was an injunction ordered on certain aspects of the ordinance, but not all aspects of the ordinance," Hernandez said. County Attorney R. David Ware did not return messages from The Atlanta Journal-Constitution inquiring about the issue. The judge's ruling arose from a First Amendment lawsuit filed by a group of clubs in 2001 that challenged the county's revved-up regulation of nude dancing as a prior restraint on free speech, part of a larger battle being waged throughout metro in both state and federal courts. The clubs won the 2001 case in U.S. District Court. It was reversed on appeal, and then it was sent back to District Court. In November 2010, Senior U.S. District Judge Robert Vining ruled that the code illegally put the clubs through a bureaucratic wringer, making them wait indefinitely for approval from police, fire and building departments. While Vining withheld judgment on whether the fees were too high, he did say that if sections of the ordinance don't hold up, none of it can stand. "Judge Vining has said that we don't have an ordinance," Cline said. "Unless they appeal, then there's no ordinance unless they go back and pass one." But starting Feb. 1, the county will raise the cost of an adult entertainment license from $6,000 to $6,400 and annual license renewal from $4,000 to $4,300. Employee permits will rise from $300 to $325, permit renewals from $50 to $100, employee background checks from $50 to $55 and fire inspections from $30 to $75. The increases are expected to generate an additional $11,590 per year. Cary Wiggins, an attorney for Fannie's Cabaret, said that since nude dancing is protected speech, a county's licensing fees can be no more than the cost of regulation. He said 908 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-82 there is no evidence that nude bars cause any more problems for police than regular bars, and he doesn't see how Fulton can charge $4,000 to renew a license, much less $4,300. "I'm just unaware of any evidence justifying a rate hike," Wiggins said. The third club off Fulton Industrial, Club Babe's, isn't taking part in the lawsuit. Managers at all three declined interview requests. Wiggins also represents two Sandy Springs clubs that, while no longer in unincorporated Fulton, are seeking back compensation from the period before Sandy Springs became a city. As with the state government and other local jurisdictions, the Fulton fee hikes are part of a strategy to make up for declining revenue without burdening property-tax payers. Hernandez said he is also trying to recover costs and adjust an array of charges, many of which haven't changed in five years, for inflation. North Fulton Commissioner Liz Hausmann cast the sole dissenting vote Wednesday. She told the AJC that she opposes raising any fees or taxes in this economy without reducing spending. She said she wasn't aware of the strip club issue. 909 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-83 The Atlanta Journal-Constitution (GA) May 17, 2010 County Targets Image Change Campaign is to Clean up Fulton Industrial Code Enforcers, Police Start out Cracking Down on Boulevard's Motels Author: Steve Visse Fulton County has an image problem with its huge warehouse district: Its legitimate economic opportunities sometimes have been overshadowed by its undesirable qualities. This has caused companies to bypass it and take their business across the Chattahoochee River to Cobb and Douglas counties, or get out of Fulton and relocate. "We have had tenants who have been there for years and years and who decided to move across the river," said Tom Flanigan, ING Clarion asset manager. "I don't think it was taxes." To attract new business and keep what it has, Fulton is pushing a campaign designed to clean up what it says is the 10 percent of Fulton Industrial Boulevard that gives the rest of it a bad name. For starters, code enforcers and police have targeted motels that allegedly were centers for sex and drug trades; three were closed for health and safety violations, and a fourth was sold to a new owner, who refurbished the property and secured a Days Inn franchise. The new motel has posted rules in the lobby banning unregistered guests from rooms and requiring identification to reserve a room as a customer. "We got rid of a hub of criminal activity," said Tom Phillips, county code enforcement administrator. "You can walk in there now and say, 'I can stay here.' Two years ago you wouldn't have said that. You might not even have walked in there." At its last meeting, the County Commission banned truck drivers from parking their big rigs in vacant lots off the boulevard and using them as unofficial truck stops. "Truck stops, as you know, have a link to prostitution," Phillips said. Even strip clubs such as Fannies' Cabaret are seeking a more orderly boulevard. Fannies' is trying to distance itself from prostitution, specifically the hookers who regularly have solicited the club's clientele when arriving and leaving. The club hired security to run them off. "It didn't used to be this way 15 years ago," said Thomas Madden, Fannies' Cabaret general manager. Police have cracked down, making 107 prostitution arrests in the past two years compared to 41 in the three previous years, according to county statistics. The county is committed to restoring a clean-cut image to the boulevard's seven-mile roadway that runs from Fulton County Airport at Charlie Brown Field to Campbellton Road in south Fulton, according to Deputy County Manager Rob Hernandez. The area has 89 million square feet of warehouse and commercial space but a county study released in March showed that several buildings and warehouses, developed in the 1960s and 1970s, are practically unusable. Seven properties are listed on the Georgia Hazardous Site Inventory, including five for the presence of cancer-causing vinyl chloride. Noting its potential, the study described the boulevard as potentially one of the largest and most prestigious warehousing and transportation hubs east of the Mississippi River. "Today it may still be the largest, but it has lost much of its prestige," the report concluded. Last month, the county used 910 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-84 the area blight and vacant warehouses to have the district reclassified as an opportunity zone urban redevelopment area. That allows it to borrow $26 million from a federal bond program and give employers a $3,500 tax credit for each new job for 10 years. Hernandez said the county wants to use the bond money to install crime surveillance cameras in the area. A $100,000 federal grant already was secured to increase police patrols and hire seven officers specific for south Fulton. "We're serious about this," Hernandez said. "We have put together everything we have available in our tool box to assist Fulton Industrial." Satellite offices for county services and commissioners Emma Darnell and Bill Edwards have been set up to show the county is committed to improving the area. People have noticed. Companies recently either bought or leased separate industrial properties that cover a combined 260,000 square feet. With upgrades, the area should be able to sell itself. It is located in the center of a metro area that promotes itself as a national transportation hub. Fulton Industrial offers a regional airport and is close to Hartsfield-Jackson International Airport. I-20 is located nearby, as is the Norfolk Southern Intermodal container shipping yard in Austell, an industrial area crisscrossed by railroad tracks. A next step would be to develop a Community Improvement District, which has happened elsewhere in Fulton and in Cobb, DeKalb and Gwinnett counties. CIDs require commercial property owners to tax themselves to pay for development plans, transportation alternatives and security. Boulevard activists so far have been unable to obtain 51 percent approval of the property owners to install a CID, which increases tax bills by 3 or 4 mills. Yet one man on board with this idea is Madden, the strip club manager, who recognizes that even the adult entertainment business needs better security. "We have to keep it clean here," he said. 911 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-85 The Atlanta Journal-Constitution (GA) October 9, 2008 Fulton Begins Taking Steps to Aid 911 Center Author: D. L. Bennett Fulton County has begun making changes that officials hope will improve a 911 center beset by chronic understaffing and dangerous operator errors. By filling 12 vacancies and promising reforms to reduce job-related stress, county officials say they should be able to boost both work quality and employee retention. "We are adamant when we say we are going to solve the problems in the center," said Roberto Hernandez, deputy county manager. "Once we know all the facts, we will address it immediately. We will fix it." Problems at the center that takes emergency calls and dispatches aid were discovered in August when an operator mistakenly sent help to the wrong location for a Johns Creek woman who later died. An Atlanta Journal-Constitution investigation found more than 1,000 write-ups of employees during the past five years for everything from fighting, dispatching mistakes and chronic tardiness to falling asleep on the job. Current and former employees complained that understaffing leads to workers being routinely forced to work 12- and 16-hour days, straining family life and causing conflicts in the center, dispatching and call-taking errors. The inquiry found mistakes that endangered not only callers seeking help but the emergency crews sent to provide aid. Fulton also has launched three of its own investigations -- one by an outside consultant reviewing center operations, another by police of the incident on Aug. 2 and a third by Hernandez and others looking at employee satisfaction issues. Rather than wait for those all to be complete, County Manager Zachary Williams has filled 12 of 33 openings for communications officers and supervisors by reassigning operators who previously provided service for the city of Milton under contract. Milton dispatching is now handled by Alpharetta. "This definitely should add value and reduce stress on the staff," said Commissioner Lynne Riley, who represents the city of Johns Creek, where Darlene Dukes died Aug. 2. Fulton also has in process two classes of trainees who should be able to fill all the remaining spots, a move he hopes will cut down on stress at the center and reduce conflict and mistakes. Everyone should be on the job within six months, Hernandez said. "We remain committed to excellence in all public safety services, and recognize that 911 operators are the first link in the chain of emergency response," said Williams. "These men and women save lives each day." The auditor's report is now due Nov. 10. The internal probe by police should wrap up this week. Hernandez said the committee's work on employee issues is ongoing and its plans address issues like child care for employees who work odd hours and stress management. 912 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-86 The Atlanta Journal-Constitution (GA) October 5, 2008 Not Enough Workers and a lot of Slack Author: Heather Vogell & D. L. Bennett A supervisor told 911 worker JoLynn Griffin she didn't have any days left for vacation. The Fulton County emergency center had barely enough workers to cover shifts. But Griffin went on a cruise anyway. She returned to find her job waiting, her personnel file shows, just as it had been when she'd missed work before. Chronic absenteeism and tardiness are among the center's most vexing problems, records and interviews suggest, accounting for roughly a quarter of all personnel infractions and aggravating a staffing shortage that can mean marathon shifts for the dispatchers who do show up. Griffin is one of scores of Fulton 911 employees who racked up roughly 280 sanctions for arriving late or not at all -- often on multiple days -- a database of personnel actions since January 2004 reveals. The problem is likely worse; officials say their data is not comprehensive. No-shows were counseled, warned and occasionally suspended. But they were rarely fired, data show. Some workers accumulated long disciplinary histories that included 911 call errors as well as absences, and they weren't terminated, according to personnel files. "It appears that certain violations of performance were tolerated or forgiven, for lack of a better word, in order to maintain the staffing required to operate the center," said Lynne Riley, a Fulton commissioner. Losing trained employees wasn't an attractive option for the 911 center. In recent weeks, as many as a third of the center's total positions have sat vacant. Deputy County Manager Rob Hernandez said staffing shortages are common at 911 centers, but Fulton's center needs to train more new workers and improve retention. A county consultant should address discipline problems such as absenteeism, he said. "In general, discipline was used like a tool -- a management tool -- rather than as a last resort," he said. "It may have lost its intended effect." Data show at least eight 911 workers have been sanctioned 10 or more times for playing hooky or walking in late since 2004. Migraines, oversleeping and not feeling well were regular excuses, files say. Employees also blamed a pet illness, panic attack, traffic, getting back in town late, driving a child to school, car problems and a broken toilet. Even current center director Crystal Williams has filed her share of tardy slips, records show, citing late starts, trouble finding parking, feeling ill and, on at least three days, alarm clock malfunctions. Reached by phone, she declined to comment. Former 911 center employees said chronic tardiness and absenteeism led to feuding among staffers. Cassandra Eloi said that during her year at the center it was common to be held over for extra work because others failed to show. Those who did come in often worked 12 to 16 hours straight, she said. "You are running a 911 center on minimal staffing every day," said Eloi, who was fired for being rude to callers. "You have calls holding. You have calls dropping, every day." Griffin left without permission for the cruise and two other short vacations between September 2003 and March 2004 -- in addition to taking dozens of sick days and showing up late at least 14 times, records show. Alfred "Rocky" Moore, the center's director at the time, wrote in a March 913 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-87 2004 letter that he was considering dismissing her. "Your personal vacation [cruise] did not justify an emergency vacation," he wrote. But Griffin hung on, volunteering for a demotion instead. Her tardiness continued. One night in January 2006, the call center sent a Fulton sheriff's car to pick her up for work because she had car trouble, records show. Later that year, she was suspended after supervisors said an error she made delayed response to a fire call. She took disability retirement in mid-2007. Griffin, a 23-year center veteran who was called "an excellent supervisor" in a 1995 job review, said in an interview she disputes that she caused a delay on the fire call, or that her unpaid leave resulted in a staffing shortage that couldn't be covered. She said she was singled out for infractions that others -- including supervisors -- also committed. She felt Moore had a grudge against her. "There was no reason to deny me," Griffin said of her vacation requests. "It's not like I didn't do my share of covering for people, either." Other workers also complained discipline was not handed out evenly. "There are subjects who manage to be sick every payday weekend and never receive any type of discipline from your same staff," communications officer Francesca Pearson wrote in an April memo to Moore. Pearson could not be reached for comment for this article. Morale was low. After a supervisor threatened one employee with suspension for tardiness, she responded: "go ahead and suspend me that's one less day that I have to work here," a note in her personnel file said. Moore, who was reassigned, did not return three phone messages seeking comment. The 911 center hasn't lacked the money to fill vacancies. For the past three years, the center -- funded by fees tacked onto phone bills -- has ended the year with excess cash in its salary account, records show. In 2007, it finished nearly $1 million richer than it started. Instead, Hernandez said the center appears unable to keep up with attrition. Some drop out during the intense six-month training period. Others start but find the pressure and night shifts unworkable. Child care and worries about job security as some cities encroach on Fulton's call territory are also factors, he said. He said he does not want to second-guess center managers on their handling of absent employees. But it is a serious problem. "I know my boss would consider that to be job abandonment," he said. Data analysts John Perry and Megan Clarke and staff writer Cameron McWhirter contributed to this article. 32 emergency calls delayed. Six of those calls were delayed more than 20 minutes. * 23 instances of employees being orally abusive, fighting, being unprofessional or disruptive in the call center. 34 write-ups for poor customer service. 9 instances of dispatchers sleeping on duty. 280 write-ups of not showing up to work or showing up late. 147 write-ups for not meeting monthly standards for speed and safety by the department. * Numbers based on a review of the incomplete database of disciplinary actions against employees at Fulton County's 911 center. 914 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-88 Sun Sentinel - Fort Lauderdale (FL) April 29, 1997 Conditions for Planned Shelter don’s Allay Fears Author: Robin Benedick No matter how many conditions the city puts on the proposed homeless shelter on West Sunrise Boulevard, they won't appease nearby property owners who worry about transients congregating near their homes, businesses and public parks. "Those conditions won't keep vagrants from wandering around the neighborhoods," said Fort Lauderdale Vice Mayor Tim Smith, who is among the shelter's harshest critics. "Unless there are incredibly stringent rules that you can only go in by vehicle and leave by bus, that neighborhood is going to be overrun." Smith and neighborhood leaders are hoping to derail Broward County's plans for a $7.7 million shelter at 600 W. Sunrise Blvd. Their first chance comes at a special meeting of the city Planning and Zoning Board at 6:30 p.m. Wednesday at City Hall, 100 N. Andrews Ave. The board's recommendation goes to city commissioners for hearings. One of the conditions the city wants to put on the proposed 200-bed homeless assistance center is that it accept no walk-ins - only tenants who are referred there by an agency or police. That means homeless people now accustomed to staying the night at Tent City, the dingy open-air camp in a downtown parking lot, won't get into the new shelter without referrals. Opponents are pushing the planning board to delay approval until Broward hires a not-for-profit group to run the center and community leaders raise $3 million in private donations for the project. The shelter is expected to be completed in 18 months once city approvals are granted. Broward County's architect, Edward Seymour, has designed a two-story shelter patterned after one in Miami. The building would face Sunrise Boulevard, but entrances and parking would be at Northwest Sixth and Seventh avenues. The fenced campus would have separate men's and women's dormitories with room for families, classrooms, a medical clinic, day-care center, dining hall and courtyard. City planners are recommending approval with these conditions: o Availability: Center must give priority to Fort Lauderdale's homeless who are within two miles of the center. o Security: Center must pay for 24-hour security inside and outside the campus. o Curfew: Center must require tenants to be inside from 8 p.m. to 7 a.m. daily. Exceptions would be made for school or work. o No walk-ins: Center must not accept people without a referral. Center also must establish a no-loitering policy on the property and post signs. o Citizen board: Center must set up a neighborhood advisory board. County officials said they were designing a shelter that wouldn't be a magnet for uninvited homeless people. "The word will quickly get out among the homeless that this facility does not accept walk-ins," said Rob Hernandez, Broward County's assistant director of Human Services. With more than 5,000 homeless people in Broward, the shelter is billed as the first of several to 915 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-89 address a growing problem that could get worse under new federal and state welfare reforms. Homeless advocates worry that police will enforce trespassing and other city laws too eagerly to chase transients from public places. "Being homeless is not a crime and it shouldn't be that they go to jail for that," said Dianne Sepielli, a member of the county's homeless advisory board. 916 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-90 Sun Sentinel - Fort Lauderdale (FL) March 13, 1994 New Refugees like Broward Cuban Immigrants Find more Opportunities, Less Congestion Author: Lyda Longa When Geovanny Montes de Oca and 11 of his friends set sail from Havana for the United States aboard a rubber raft in October, Montes de Oca's friends couldn't stop talking about Miami. But after the men were rescued by the U.S. Coast Guard and taken to Key West, Montes de Oca set his sights on a different place: Broward County. His relatives had described Broward as an area where plenty of opportunities could be found. "I like Miami, but up here, there's less congestion and life is more relaxed," Montes de Oca said in Spanish. "I love it here because I'm learning English, I have a job and I even got a car," he said. Montes de Oca works at the Fort Lauderdale- Hollywood International Airport's catering service. Montes de Oca, who lives with friends in west Hollywood, is not alone. In the past six months, a colony of about 50 or 60 Cuban rafters has taken root in Hollywood and Fort Lauderdale. The reason is simple: The rafters believe that employment and housing are easier to get in Broward than in Dade County. Historically, rafters have flocked to Dade County because they felt more comfortable among their Cuban countrymen, said Roberto Hernandez, executive director of Hispanic Unity of Florida. But that's changing. "Lately, the rafters have learned that in Broward there is less congestion and a better chance of finding a job," Hernandez said. "Many of them also have friends and family in the area who have told them that Broward County has less Hispanics and less competition for work." According to the 1990 U.S. Census, there were roughly 109,000 Hispanics in Broward County compared to almost 1 million in Dade. Of those, there were 24,000 Cubans in Broward and almost 570,000 Cubans in Dade. Hector Nodarse, 29, heard about Broward County when he was still in Havana earlier this year. Nodarse was a sound technician with El Ballet Nacional de Cuba - the Cuban National Ballet. "I like the hustle and bustle of Miami because it reminds me of Havana, but I already have a job here {in Broward)," Nodarse said. "Broward is a little too quiet for me, but I'll get used to it." Brothers Roberto and Raydel Rivera of Dania are two more Cuban rafters who ended up in Broward. The Riveras arrived in Miami aboard a rubber raft in December; they came from the Cuban port town of Mariel. Both are learning English at a night school in Hollywood. "I lived in Miami for about a month before I came to Dania, and I tell you life is better here," Roberto Rivera, 22, said in Spanish. "I'm learning English, I just got my driver's license and soon, I know I'll have a job. Once I get that I'll get my own apartment. Life is good here." 917 Internet – Newspaper Archives Searches Roberto Hernandez (Articles are in reverse chronological order) C-91 Sun Sentinel - Fort Lauderdale (FL) February 22, 1994 Planned Center may Help Elderly Hispanics Author: Lyda Longa Inez Carrascillo is an elderly Hispanic woman who wants somebody to talk to. When you're 76 and the only language you speak is Spanish, it's hard to make friends in a neighborhood filled mostly with young working Anglos. Soon, Carrascillo, who is Cuban, and other elderly Hispanics in Broward County could have a place to spend time together, working on arts and crafts and chatting in Spanish. Roberto Hernandez, director of Hispanic Unity of Broward, said he hopes to open the county's first senior center for Hispanics in the next few months. The proposed center, which would be in Hollywood, would provide activities, meals, transportation and companionship for Broward Hispanics over 60. The 1990 U.S. Census estimated there were 11,891 elderly Hispanics in the county. "There is no single place in Broward County where elderly Hispanic people can go just to talk and relax with their peers," Hernandez said. "When you reach a certain age, you want to be with other people who share a similar culture and can understand you." Hernandez, 27, has applied for a $100,000 county grant that would pay for four full-time employees for the planned center. Last year he purchased a 7,000-square-foot building at 5840 Johnson St. for the center with the help of a grant from the city of Hollywood. Edith Lederberg, executive director of the Area Agency on Aging, said she has promised Hernandez that her organization would provide meals for the center once it opens. Although there are a handful of senior centers scattered throughout the county, Lederberg and other social service officials agree that none cater specifically to Broward's Hispanic elderly. "We have several senior centers throughout the county, but elderly Hispanic people won't go there because they feel uncomfortable and out of place," Lederberg said. That feeling is not limited to elderly Hispanic people. Gema Hernandez, a sociologist and associate professor at Nova University's School of Business, said the sentiment is shared by most elderly people of varying ethnic backgrounds. "As we age, most of us have a need to return to our ethnic roots," Hernandez said. Carrascillo, who stays alone during the day in her west Hollywood home while her daughter and grandchildren go to work and school, said she needs someone to interact with during those long hours. Research Compiled by: Amanda Dillabough Colin Baenziger & Associates 918 Appendix D St. Johns County, FL Resolution Thanking CB&A for Its Outstanding Service 919 920 D-1 921 D-2 922 Appendix E Comments from Dale Martin on CB&A’s Vetting Process 923 924 E-1 Weekly comments from Dale Martin By Dale Martin, City Manager, City of Fernandina Beach March 18, 2016 1:00 a.m. The vetting process employed by Mr. Colin Baenziger following my application to the City of Fernandina Beach was the most thorough review of my career, credentials, and references that I have ever experienced. In the months leading to my appointment here, I was interviewed in several other communities for similar City Manager positions. Despite getting to the interview stage in those communities, none of my references ever indicated to me that they had been contacted. As part of the selection process here, I was required to provide an exhaustive list of references, some very specific, such as my current Town Attorney, auditor, Chamber of Commerce, etc. To the best of my knowledge, every single reference provided was contacted. The historic information provided to the City Commission for each candidate was extensive. Reading through the older newspaper articles rekindled so many memories- the personalities and issues from earlier days illustrate some peaks and valleys over the past twenty years. It has been a wonderful ride. Note: Mr. Martin reminisces about his career for the remainder of the article. The full article can be found at: http://fernandinaobserver.com/2016/03/18/weekly-comments-from-dale-martin-5/#more-65218 925 •Attachment I - Location Map COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 NEW BUSINESS AGENDA ITEM 15.B SUBJECT: Discussion and Consideration of the Andrews House Located at 306 SE 1st Avenue SUMMARY: At the December 10, 2024 meeting, the CRA Board directed staff to meet with City staff to discuss the possible relocation of the Andrews House located at 306 SE 1st Avenue (see Attachment I). CRA and City staff met on December 17th to discussion possible relocation options for the Andrews House. The City will be presenting those options to the City Commission at their January 7, 2025 meeting. The CRA may be able to assist if there is an economic adaptive reuse. If the house is relocated to a CRA owned property, the property may need to be transferred to the City if there is no planned economic adaptive reuse. FISCAL IMPACT: To be determined. CRA BOARD OPTIONS: To be determined based on Board discussion. ATTACHMENTS: Description 926 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print BB SOUTH LLC LOCATION 306 SE 1ST AVE MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-28-03-011-0040 SUBDIVISION BOYNTON TOWN OF BOOK/PAGE 33784/859 SALE DATE JUL-2022 MAILING ADDRESS 6000 SW 74TH ST FL 4 SOUTH MIAMI FL 33143 5165 USE TYPE 0101 - SINGLE FAMILY-COMM ZONING TOTAL SQUARE FEET 1600 OWNERS PROPERTY DETAIL SALES INFORMATION v.1.3b 12/18/24, 10:01 AM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/1927 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 NEW BUSINESS AGENDA ITEM 15.C SUBJECT: Discussion and Consideration of Tax Increment Funding Request from Time Equities for the Town Square Project located at 100 E. Ocean Avenue SUMMARY: Time E quities, Inc. (TEI) is the current owner/developer of two parcels of land (north parcel and south parcel) which were originally part of the Town Square Project (see Attachment I). On August 20, 2024, TEI submitted a request for Tax Increment Financing (TIF) for a residential/mixed use project which will redevelop the parcels in two phases (see Attachment II). The site plans for the two parcels were approved by the City in April 2024 (see Attachment III & IV). The project, as a whole, will have a total of 898 residential, market rate, rental units; 23,500 square feet of retail space; two parking garages (1,000+ parking spaces in each garage) with 473 public parking spaces within the garages. The south parcel will be Phase I of the project and the north parcel will be Phase II. In lieu of providing workforce housing TEI will make a payment to the City of Boynton Beach Workforce Housing Fund in the amount of $2,250,000.00 per Phase. In summary, TEI is requesting 95% of the Project TIF up to a maximum of $35.2MM broken down as follows: Phase I (south parcel) $20.0MM Phase II (north parcel) $15.2MM As consideration, TEI proposes 473 total public parking spaces within the two parking garages and the revenue generated by these spaces. Construction of Phase I would begin no later than July 1, 2026 (4 years earlier than required under their current development agreement with the City of 5/1/2030). As support to Time Equities' request for TIF funding they have provided a Fiscal Impact and Financial GAP Analysis for the project as prepared by Fishkind Litigation Services on June 28, 2024 (see Attachment V). A representative from the TEI development team will be in attendance to present Attachment VI. Abramson & Associates, Inc. was hired by the CRA as a third-party financial consultant to review and analyze Time Equities' request for TIF funding and Fishkind’s financial GAP analysis. On December 20, 2024, Abramson & Associates provided a detailed Memorandum regarding the evaluation of the TIF funding request (see Attachment VII). 928 •Attachment I - Location Map •Attachment II - TIF Request Letter •Attachment III - Site Plan-South Parcel-Phase I •Attachment IV - Site Plan-North Parcel-Phase II •Attachment V - 6.28.24 Fishkind Economic Fiscal Impact, & Gap Analysis •Attachment VI - Time Equities Presentation •Attachment VII - 12.20.24 Abramson Evaluation of TIF Request The evaluation focused on the Project’s need for TIF funding and the financial impact to the CRA of awarding the requested TIF as proposed. The evaluation includes general comments evaluating the public benefits proposed by TEI and finds the request generally within a range of reasonableness. However, he noted that relatively small variations in assumptions and/or improvements in the development market over the time prior to construction financing could significantly reduce or, possibly, eliminate the need for subsidy. Abramson’s evaluation specifically noted, "relatively small variations in assumptions and/or improvements in the development market over the time prior to construction financing could significantly reduce or, possibly, eliminate the need for subsidy. While this applies to Phase 1, which would be required to start construction within one and a half years, it is a particular concern relative to Phase 2, which, likely, would not start construction until significantly later. Accordingly, the CRA may wish to consider granting a TIF award only for Phase 1 and having the developer return for an evaluation of need at such time as the construction start and development economics of Phase 2 come into clearer focus, so as to lessen the chance of providing TIF funding not actually required for feasibility." The evaluation recommended that the CRA explore structuring opportunities which may reduce the TIF award should construction and/or other development costs come in lower than preliminary estimates or other development market conditions improve prior to the start of construction. FISCAL IMPACT: To be determined by the CRA Board. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board direction. ATTACHMENTS: Description 929 930 1 August 20, 2024 Chair Ty Penserga Vice Chair Thomas Turkin Board Member Woodrow Hay Board Member Angela Cruz Board Member Aimee Kelley Boynton Beach Community Redevelopment Agency (“BBCRA”) Timothy Tack, Acting Executive Director 100 E. Ocean Ave Boynton Beach, FL 33435 Re: TIF Incentive Application: Boynton Beach Town Square Residential/Mixed Use Project (South & North Parcels) Dear BBCRA Chair, Vice Chair, Board Members and Acting Executive Director, We, Time Equities, Inc. (“TEI”), are the owners of the two multifamily/mixed-use development sites within the Town Square master plan neighborhood (the “Project”). Site Plans for both parcels are currently approved, allowing for a total of 898 residential units, 23,500 square feet of retail stores and two parking garages with over 1,000 spaces in each. The total cost of the Project is approximately $500,000,000 – built in two phases – making it among the largest developments ever planned in Boynton Beach. The southern parcel (“Phase 1”) will be built first, followed by the northern parcel (“Phase 2”). Upon completion, the Project will be transformative for Boynton Beach. It will fulfill the city’s long-time vision for Town Square, making it a “center of gravity” for the community – acting as a catalyst for surrounding development and investment. The Project will replace empty lots with high-value, mixed-use buildings with thousands of residents, as well as nearly 50,000 square feet of new public sidewalks, landscaping, lighting, 473 public garage parking spaces, and over 20 new retail stores/businesses (see Exhibit A, Project Renderings). The Project is a public-private arrangement, subject to a developer agreement and site plans which require the delivery of substantial public benefits. *** We are writing today to update you on our progress, to advise you of the challenges we are facing in the market today – and to discuss a potential solution. Over the last 18 months TEI has made significant progress with predevelopment eƯorts for Phase 1. We have invested heavily to purchase the land as well as to develop our plans, costs, and income projections. We have also already engaged with various potential construction lenders and investors on the Project, and have conducted several site tours, some of which have included Boynton City staƯ members. 931 2 We can report we have strong potential interest from our financial partners for the Project. That said, as detailed herein, the economic returns available from the Project are not yet suƯicient to allow us to close on financing. The good news is that the projected financial return shortfall seems solvable, with an acceptable TIF award from the BBCRA. As you are aware, the real estate development financing markets are extremely diƯicult today. As a result, multifamily construction “starts” have plunged over the last 18-24 months (see Exhibit B, Headlines). Interest rates, construction costs, and operating costs have all increased dramatically, which made projects uneconomic and unfinanceable. As a result of these various negative market conditions – as well as our good-faith desire to move forward with the project - we are hereby oƯicially requesting a two-phase TIF award, as detailed below. *** TEI calculates the Project’s ‘fiscal gap’ – and therefore the requested two-phase TIF award – to be $35.2MM; $20.0MM for the South Parcel and $15.2MM for the North Parcel (Exhibit C, TEI Proposed TIF Structure & Cashflow Projection). Projections show that the TIF awards for both Phases would be exhausted within 10 years, after which the BBCRA would capture 100% of the ~$6.6MM/year in incremental real estate taxes generated by the Project (in addition to all of the other short term and long term public benefits and positive economic impacts generated). We acknowledge that this TIF award request is larger than those previously granted by the BBCRA. That said, we want to emphasize that our request is proportionate and appropriate given the overall size of the Project, its two phases, its incremental real estate taxes, and its substantial public benefits (Exhibit D, TEI TIF Structure Comparison w/Hyperion TIF). As shown herein, the direct public benefits available from the Project are worth many times the value of the requested TIF. TEI’s TIF proposal contemplates a 95% annual rebate of incremental real estate taxes generated by each Project Phase. The calculations show that a 95% rebate works out to approximately $2MM/year per phase. TEI would agree to make the TIF awards contingent upon meeting specific construction start dates for each Phase of the Project – dates that are substantially tighter than the timeframe indicated in the current TEI Developer Agreement (Exhibit E, TEI TIF Timeline Summary). In general, as the BBCRA is aware, TIF awards only rebate a portion of the incremental real estate taxes actually paid by certain new properties that are completed on time – and only up to a maximum dollar limit. TIF awards do not cost the BBCRA or the city any money. This structure oƯers both important protections for the BBCRA as well as a powerful incentive for private developers to execute timely. *** To support our request, TEI engaged Fishkind Litigation Services (“Fishkind”) to provide their independent analysis as to whether a ‘fiscal gap’ exists for the Project – and if so, to calculate the amount of the gap. As reflected in the attached report, Fishkind has determined that the projects do, in fact, face fiscal gaps: $58.4MM in total; $34MM for the South Parcel and $24MM for the North Parcel. Obviously Fishkind’s calculations reflect a far higher TIF award recommendation than the award that TEI is requesting. Per the Fishkind chart below, their analysis shows that without TIF awards the projects essentially generate 0% return on investment. That said, with their recommended TIF awards of $58.4MM, both Phases can achieve the market ‘required’ minimum return on investment of 7.8%. 932 3 *** The Project oƯers substantial direct public benefits, both shorter-term and longer-term. It also provides substantial long-term indirect economic impacts (Exhibit F, Public Benefits and Economic Impact). Shorter-term public benefits from the Project include the delivery of 473 public garage parking spaces (cost of $26MM), a $4.5MM payment to the City Workforce Housing fund, ~$13,8.0MM in impact/other fees, $3.0MM in streetscape/infrastructure improvements, and a $5MM settlement payment that was already made to the city in 2023 (at TEI land purchase). The total of these short-term benefits is more than $52MM, which is $17MM more than the entire requested TIF award value. In addition, the Project will directly generate two significant long-term, on-going cashflow streams for the city. The first is ~$6.4MM/year in average post-TIF incremental real estate tax revenue. The second is ~$2.0MM/year in average revenue available from the metered parking spaces that TEI is leasing to the city for $0/year for 100 years (city receives 100% of the revenue from these spaces). Over the next 40 years, between the incremental real estate taxes (~$150MM) and parking revenue (~$65MM), the Project may directly generate as much as ~$215MM for the CRA and the city. Among various important uses, these new real estate tax revenues could be used by the BBCRA and City to help oƯset the Town Square public bond payments that are due over the coming decades. Finally, the Project will have an enormous indirect economic impact on the local community, both during construction and in perpetuity upon completion. These indirect economic impacts come from the hundreds of millions of dollars spent locally during the construction phase as well as local spending after construction by the thousands of new tenants living at the project. This spending leads to the creation of over 400 permanent new jobs and businesses locally. Fishkind calculates that over 40 years, the total indirect economic impact from the Project will be more than $3.0 billion. *** In closing, we very much appreciate your consideration of this matter, and we hope to meet with you to discuss the details of our proposal. We want to reiterate that while the markets are diƯicult, we feel a great sense of commitment and optimism about the Town Square project. Our shared goal with Boynton Beach is to realize this transformational project, and we are ready to do our part. Sincerely, Francis Greenburger Francis Greenburger Chairman, Time Equities, Inc. Without TIF With TIF Without TIF With TIF Ret. On Investment -2.20%7.80% 0.80% 7.80% Phase 2 Fishkind Fiscal Gap Analysis - Boynton Town Square Apts; Phase 1 933 4 EXHIBIT A – PROJECT RENDERINGS, BEFORE & AFTER Town Square Current/Before Development Town Square After Development 934 5 935 6 936 7 EXHIBIT B – ECONOMIC, MARKET HEADLINES 937 8 EXHIBIT C – TEI TIF Proposal/Cash Flow TIF Proposal Analysis by Phase Phase 1 Phase 2 Total Total Units 465 433 898 Total Retail SF 6,000 17,500 23,500 Const. Complete/ 1st Stabilized 2030 2033 RE Taxes $/Unit/Yr. 7,742$ 8,430$ 8,073$ 1st Stab. Yr. Gross RE Tax Bill 3,600,000 3,650,000 7,250,000 Land Tax/Pre Construction 350,000 350,000 700,000 Incremental RE Tax 3,250,000 3,300,000 6,550,000 City & County Portion @ 66% 2,145,000 2,178,000 4,323,000 Minus: 5% (107,250) (108,900) (216,150) TIF Rebate to TEI @ 95% 2,037,750 2,069,100 4,106,850 Total TIF Amt/Max 19,877,494 15,382,276 35,259,770 Implied TIF Duration 9.75 7.43 8.59 Tot. City Sps. Metered Sps. TEI Boynton Town Square TIF Analysis - Annual Cash Flow Ph. 1 Garage 224 171 Ph. 2 Garage 249 192 Total 473 363 Avg. Rev/Space/Day: 15.00$ TEI Project BB NET CF # Yr. CRA City Total Incr. Tax @ 66% 5% Withheld TIF Rebate @ 95% RE Tax to CRA Cash & Fees Pot. Parking Rev Total City Revs. Revs - Bond PMTS 1 2024 3,550,000 4,500,000 8,050,000 - - - - 5,000,000 - 5,000,000 (3,050,000) 2 2025 3,550,000 4,500,000 8,050,000 - - - - - - - (8,050,000) 3 2026 3,550,000 4,500,000 8,050,000 - - - - 9,567,358 - 9,567,358 1,517,358 4 2027 3,550,000 4,500,000 8,050,000 - - - - - - - (8,050,000) 5 2028 3,550,000 4,500,000 8,050,000 - - - - - - - (8,050,000) 6 2029 3,550,000 4,500,000 8,050,000 - - - - - - - (8,050,000) 7 2030 3,550,000 4,500,000 8,050,000 2,145,000 (107,250) (2,037,750) - 8,740,717 936,225 9,676,942 1,626,942 8 2031 3,550,000 4,500,000 8,050,000 2,187,900 (109,395) (2,078,505) - - 936,225 936,225 (7,113,775) 9 2032 3,550,000 4,500,000 8,050,000 2,231,658 (111,583) (2,120,075) - - 936,225 936,225 (7,113,775) 10 2033 3,550,000 4,500,000 8,050,000 4,454,291 (222,715) (4,231,577) - - 1,987,425 1,987,425 (6,062,575) 11 2034 3,550,000 4,500,000 8,050,000 4,543,377 (227,169) (4,316,208) - - 1,987,425 1,987,425 (6,062,575) 12 2035 3,550,000 4,500,000 8,050,000 4,634,245 (231,712) (4,402,532) - - 1,987,425 1,987,425 (6,062,575) 13 2036 3,550,000 4,500,000 8,050,000 4,726,929 (236,346) (4,490,583) - - 1,987,425 1,987,425 (6,062,575) 14 2037 3,550,000 4,500,000 8,050,000 4,821,468 (241,073) (4,580,395) - - 1,987,425 1,987,425 (6,062,575) 15 2038 3,550,000 4,500,000 8,050,000 4,917,897 (245,895) (4,672,002) - - 1,987,425 1,987,425 (6,062,575) 16 2039 3,550,000 4,500,000 8,050,000 5,016,255 (250,813) (2,330,143) 2,435,300 - 1,987,425 4,422,725 (3,627,275) 17 2040 3,550,000 4,500,000 8,050,000 5,116,580 (255,829) - 4,860,751 - 1,987,425 6,848,176 (1,201,824) 18 2041 3,550,000 4,500,000 8,050,000 5,218,912 (260,946) - 4,957,966 - 1,987,425 6,945,391 (1,104,609) 19 2042 3,550,000 4,500,000 8,050,000 5,323,290 (266,165) - 5,057,126 - 1,987,425 7,044,551 (1,005,449) 20 2043 3,550,000 4,500,000 8,050,000 5,429,756 (271,488) - 5,158,268 - 1,987,425 7,145,693 (904,307) 21 2044 3,550,000 4,500,000 8,050,000 5,538,351 (276,918) - 5,261,434 - 1,987,425 7,248,859 (801,141) 22 2045 3,550,000 4,500,000 8,050,000 5,649,118 (282,456) - 5,366,662 - 1,987,425 7,354,087 (695,913) 23 2046 - - - 5,762,101 (288,105) - 5,473,996 - 1,987,425 7,461,421 7,461,421 24 2047 - - - 5,877,343 (293,867) - 5,583,475 - 1,987,425 7,570,900 7,570,900 25 2048 - - - 5,994,889 (299,744) - 5,695,145 - 1,987,425 7,682,570 7,682,570 26 2049 - - - 6,114,787 (305,739) - 5,809,048 - 1,987,425 7,796,473 7,796,473 27 2050 - - - 6,237,083 (311,854) - 5,925,229 - 1,987,425 7,912,654 7,912,654 28 2051 - - - 6,361,825 (318,091) - 6,043,733 - 1,987,425 8,031,158 8,031,158 29 2052 - - - 6,489,061 (324,453) - 6,164,608 - 1,987,425 8,152,033 8,152,033 30 2053 - - - 6,618,842 (330,942) - 6,287,900 - 1,987,425 8,275,325 8,275,325 31 2054 - - - 6,751,219 (337,561) - 6,413,658 - 1,987,425 8,401,083 8,401,083 32 2055 - - - 6,886,244 (344,312) - 6,541,931 - 1,987,425 8,529,356 8,529,356 33 2056 - - - 7,023,968 (351,198) - 6,672,770 - 1,987,425 8,660,195 8,660,195 34 2057 - - - 7,164,448 (358,222) - 6,806,225 - 1,987,425 8,793,650 8,793,650 35 2058 - - - 7,307,737 (365,387) - 6,942,350 - 1,987,425 8,929,775 8,929,775 36 2059 - - - 7,453,892 (372,695) - 7,081,197 - 1,987,425 9,068,622 9,068,622 37 2060 - - - 7,602,969 (380,148) - 7,222,821 - 1,987,425 9,210,246 9,210,246 38 2061 - - - 7,755,029 (387,751) - 7,367,277 - 1,987,425 9,354,702 9,354,702 39 2062 - - - 7,910,129 (395,506) - 7,514,623 - 1,987,425 9,502,048 9,502,048 40 2063 - - - 8,068,332 (403,417) - 7,664,915 - 1,987,425 9,652,340 9,652,340 - Total - 40 Yrs. 78,100,000 99,000,000 177,100,000 195,334,926 (35,259,770) 150,308,410 23,308,075 64,418,850 238,035,335 60,935,335 Tot. Thru 2045 78,100,000 99,000,000 177,100,000 71,955,029 (35,259,770) 33,097,508 23,308,075 28,645,200 85,050,783 (92,049,217) TEI/Town Square Combined TIF RE Tax Cashflow Town Square Bond Pmts Phase 1 + Phase 2 TEI Project: Additional Value 938 9 EXHIBIT C – CONTINUED - TEI TIF Proposal/Cash Flow RE Tax Growth Rate 2% Yr. Inc. RE Tax PBC & BB @ 66% TIF Rebate @ 95% Inc. RE Tax PBC & BB @ 66% TIF Rebate @ 95% Inc. RE Tax PBC & BB @ 66% TIF Rebate @ 95% 2024 - - - - - - - - - 2025 - - - - - - - - - 2026 - - - - - - - - - 2027 - - - - - - - - - 2028 - - - - - - - - - 2029 - - - - - - - - - 2030 3,250,000 2,145,000 2,037,750 - - - 3,250,000 2,145,000 2,037,750 2031 3,315,000 2,187,900 2,078,505 - - - 3,315,000 2,187,900 2,078,505 2032 3,381,300 2,231,658 2,120,075 - - - 3,381,300 2,231,658 2,120,075 2033 3,448,926 2,276,291 2,162,477 3,300,000 2,178,000 2,069,100 6,748,926 4,454,291 4,231,577 2034 3,517,905 2,321,817 2,205,726 3,366,000 2,221,560 2,110,482 6,883,905 4,543,377 4,316,208 2035 3,588,263 2,368,253 2,249,841 3,433,320 2,265,991 2,152,692 7,021,583 4,634,245 4,402,532 2036 3,660,028 2,415,618 2,294,837 3,501,986 2,311,311 2,195,745 7,162,014 4,726,929 4,490,583 2037 3,733,228 2,463,931 2,340,734 3,572,026 2,357,537 2,239,660 7,305,255 4,821,468 4,580,395 2038 3,807,893 2,513,209 2,387,549 3,643,467 2,404,688 2,284,454 7,451,360 4,917,897 4,672,002 2039 3,884,051 2,563,474 - 3,716,336 2,452,782 2,330,143 7,600,387 5,016,255 2,330,143 2040 3,961,732 2,614,743 - 3,790,663 2,501,837 - 7,752,395 5,116,580 - 2041 4,040,967 2,667,038 - 3,866,476 2,551,874 - 7,907,442 5,218,912 - 2042 4,121,786 2,720,379 - 3,943,805 2,602,912 - 8,065,591 5,323,290 - 2043 4,204,222 2,774,786 - 4,022,682 2,654,970 - 8,226,903 5,429,756 - 2044 4,288,306 2,830,282 - 4,103,135 2,708,069 - 8,391,441 5,538,351 - 2045 4,374,072 2,886,888 - 4,185,198 2,762,231 - 8,559,270 5,649,118 - 2046 4,461,554 2,944,625 - 4,268,902 2,817,475 - 8,730,455 5,762,101 - 2047 4,550,785 3,003,518 - 4,354,280 2,873,825 - 8,905,065 5,877,343 - 2048 4,641,800 3,063,588 - 4,441,366 2,931,301 - 9,083,166 5,994,889 - 2049 4,734,636 3,124,860 - 4,530,193 2,989,927 - 9,264,829 6,114,787 - 2050 4,829,329 3,187,357 - 4,620,797 3,049,726 - 9,450,126 6,237,083 - 2051 4,925,916 3,251,104 - 4,713,213 3,110,720 - 9,639,128 6,361,825 - 2052 5,024,434 3,316,126 - 4,807,477 3,172,935 - 9,831,911 6,489,061 - 2053 5,124,923 3,382,449 - 4,903,626 3,236,393 - 10,028,549 6,618,842 - 2054 5,227,421 3,450,098 - 5,001,699 3,301,121 - 10,229,120 6,751,219 - 2055 5,331,969 3,519,100 - 5,101,733 3,367,144 - 10,433,702 6,886,244 - 2056 5,438,609 3,589,482 - 5,203,768 3,434,487 - 10,642,376 7,023,968 - 2057 5,547,381 3,661,271 - 5,307,843 3,503,176 - 10,855,224 7,164,448 - 2058 5,658,329 3,734,497 - 5,414,000 3,573,240 - 11,072,328 7,307,737 - 2059 5,771,495 3,809,187 - 5,522,280 3,644,705 - 11,293,775 7,453,892 - 2060 5,886,925 3,885,371 - 5,632,725 3,717,599 - 11,519,651 7,602,969 - 2061 6,004,664 3,963,078 - 5,745,380 3,791,951 - 11,750,044 7,755,029 - 2062 6,124,757 4,042,340 - 5,860,287 3,867,790 - 11,985,044 7,910,129 - 2063 6,247,252 4,123,186 - 5,977,493 3,945,146 - 12,224,745 8,068,332 - Total 156,109,855 103,032,504 19,877,494 139,852,155 92,302,422 15,382,276 295,962,010 195,334,926 35,259,770 Avg. 4,591,466 3,284,353 2,186,243 4,113,299 3,171,273 1,922,784 8,704,765 6,485,663 3,205,434 TIF Years: 9 TIF Years: 7 TIF Years: 10 TotalPhase 1 Phase 2 939 10 EXHIBIT D –TEI TIF STRUCTURE COMPARISON W/HYPERION TIF Structure Comparison TEI Hyperion Total Units 898 371 Total Retail SF 23,500 25,000 Total TIF Rebate Amt 35,259,770$ 9,000,000$ Total TIF Rebate/Unit 39,265$ 24,259$ Annual TIF Rebate % 95% 95% Project Specific Contri. to BB: Parking Spaces Contibuted 435$ 90$ Parking Cost/Space 59,770$ 55,556$ Parking Value Contributed 26,000,000$ 5,000,000$ WFH PMT 4,484,720$ - Additional Impact, Other Fees 13,826,355$ 5,712,225 Streetscape Improvements 3,000,000$ 1,500,000 Settlement to City at Land Closing 5,000,000$ - Total Proj Spec Contribution 52,311,075$ 12,212,225 Value/Unit 58,253$ 32,917$ Net Value to BB: Cost / (Benefit) (18,988)$ (8,658)$ Public Parking Spaces Provided 435 90 Metered Spaces 363 90 City Share of Parking Rev. 100% 20% Avg. Post-TIF Ann. Incr. RE Tax 6,485,663$ 1,700,000$ Avg. Post-TIF Ann. Incr. RE Tax/Unit 7,222$ 4,582$ TIF Contin. Construc. Start Dates Yes Yes 940 11 EXHIBIT E – TEI TIF TIMELINE SUMMARY Estimated Project Timeline, TIF Sum. Phase 1 Phase 2 Constr. Start Date Per Dev Agmt 5/1/2030 none Constr. Start Date Required Under TIF 7/1/2026 1/1/2032 Constr. Complete 7/1/2028 1/1/2034 Stabilized Date 1/1/2030 7/1/2035 TIF Duration 9.75 Years 7.43 Years TIF Start 1/1/2030 1/1/2035 TIF End 10/1/2039 6/1/2042 941 12 EXHIBIT F – PUBLIC BENEFITS & ECONOMIC IMPACT Short Term Public Benefits from Project Total Parking Value Contributed 26,000,000 WFH PMT 4,484,720 Additional Impact, Other Fees 13,826,355 Streetscape Improvements 3,000,000 Settlement to City at Land Closing 5,000,000 Total Short Term Public Benefits 52,311,075 Long Term Public Benefits from Proj. 2045 2063 Net Incre. RE Tax (PCB + BB Share) 33,097,508 150,308,410 Poten. Parking Revs. 28,645,200 64,418,850 Total Revs to City (2024-2045) 61,742,708 214,727,260 Direct & Indirect Eco. Impact from Project 2063 Direct: Total Short Term Public Benefits 52,311,075$ Direct: Total Net Incremental RE Tax 150,308,410$ Direct: Total Potential Parking Revenues 64,418,850$ Indirect: Spending, Job Creation -Construc. Per. 228,000,000$ Indirect: Spending, Job Creation - Post Constr. 3,218,432,000$ Gross Economic Impact 3,713,470,335$ Local Economic Impact - During Construction Phase Construction Period Years 6.00 Total Hard Const. Cost Spent 300,000,000 Labor Portion 50% 150,000,000 Materials Portion 50% 150,000,000 Local Labor Portion 75% 112,500,000 Local Materials Portion 25% 37,500,000 Total Local Spending 150,000,000 Total Local Jobs Created/Supported 426 Ann. New Spending/Yr. Generated 38,000,000 Spending over Construction Period 6.00 228,000,000 Local Economic Impact - Post Construction, Permanent Total Units 898 Avg Rent Per Mo., Per Year 3,200$ 38,400$ Gross Income/Unit 30% 128,000$ Total Gross Income 114,944,000$ Local Consumption/Spending/Yr. 70% 80,460,800$ Local Spending Over 40 years 40 3,218,432,000$ Permanent Jobs Supported 340 942 Units WFH REQ 800 SF or < 800 SF - 1,399 SF 1,400 SF+ Total Res Retail SF < 39,999 SF Highturn Over Rest. North Parcel 61 170 213 50 433 8,454 8,454 South Parcel 61 165 278 22 465 3,408 3,408 Total 122 335 491 72 898 11,862 Allocation % 37.3% 54.7% 8.0% 100% Project Data Construction Cost Total 300,000,000 Units 898 Avg Unit NSF 973 Total NSF 873,466 North Parcel South Parcel Total PB County Impact Fees 3,721,849 3,837,023 7,558,872 BB Stormwater 407,012 382,727 789,738 Water & Sewer Cap Fees 867,052 904,222 1,771,274 Meter Connection Fee 3,560 3,560 7,120 Public Art Fee 1%500,000 500,000 1,000,000 BB Site Plan Approval Fees 5,150 4,400 9,550 BB Master Plan Fees 3,000 3,000 BB Building Permit Review Fees 395,000 395,000 790,000 BB Construction Permit Fee*377,875 377,875 755,750 BB Police Impact Fee 169,745 174,925 344,670 BB Fire and Life Safey 454,500 454,500 909,000 BB Fire Assesment 110,830 110,480 221,310 BB Parks 621,788 667,740 1,289,528 BB Dept of Busineess and Professional Regulation Surcharge15,458 15,458 30,915 BB Building Code Admin and Inspectors Fund Surcharge 23,186 23,186 46,373 BB WFH Payment in Lieu 2,242,360 2,242,360 4,484,720 BB Green Building Program Fee^75,000 75,000 150,000 Civil/Agency Fees FDOT 1,500 1,500 3,000 SFWMD 5,000 5,000 10,000 FDEP 1,000 1,000 2,000 Sub Total/Agencies 7,500 7,500 15,000 Grand Total Fees 10,000,865 10,175,955 20,171,821 *BUILDING PERMIT REVIEW FEE DEDUCTED FROM CONTRUCTION PERMIT FEE ^ BB GREEN BUILDING PROGRAM FEE IS NOT ASSESSED IF BUILDING IS CERTIFIED BY A RECOGNIZED CERTIFICATION PROGRAM APPROVED BY THE CITY AND COMPLIES WITH THE FLORIDA BUILDING CODE 25% BUILDING DEPT FEES DISCOUNT IF PRIVATE PROVIDER REVIEWS Boyton Beach Town Square Residential Development 943 VITREOUS CHINALAVATORYPINOIRK-2035-8 14 M 14 M 14 M14 M 14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M 14 M 14 M 14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 MPHONE BOOTHSLIBRARYLIBRARYAir HockeyFoosballShuffle BoardZERO GRAVITYMASSAGE CHAIRSTVF.O.D. ScreenLH HL LHHADAADAADAADAADALH HL LHHfly/rear delt preacher curlglute ADAADAADAADAADADrinkingFountainREFRIGERATED (Beverage)PRODUCT MIX (Sundries) PRODUCT MIX (Food) PRODUCT MIX (Food)POSPRODUCT MIX(Food)SNACK CABINETSNACK CABINETREFRIGERATED (Food) oven/ micro. 36" refrig.dishw.trash36" refrig. 10' STPBK BUILD TO LINE 10' STPBK10' STPBK10' STPBKBUILD TO LINEBUILD TO LINEBUILD TO LINEPASSIVE COURT POST-TENSIONED GARAGE RETAIL #1 S.E. 1ST AVE. S.E. 2ND AVE.S.E. 1ST STREETN. SEACREST BOULEVARD9 STORY / 1,005 SP POOL COURT TRASH RM. #1 POOL EQUIPM. RM. MAINT. RM.B. TRASH STAGING LOADING #1 #2 MAIN ELEC.FPL VAULT F.D. BULK HOLDING TRASH RM. #2 LOADING #3 STORAGE LEASING MAIL ROOM 3,654 SQ. FT. 1,078 SQ. FT.1,549 SQ. FT. BOH: 5,912 SQ. FT. 977 SQ. FT. 2,109 SQ. FT. VOID RETAIL #2 3,162 SQ. FT. PET SPA PROPERTY LINE PROPERTY LINE PROPERTY LINEPROPERTY LINE1,088 SQ. FT. BIKE STORAGE 74 SP 1149 SQ. FT. TENANT STORAGE TENANT CO-WORK 2,175 SQ. FT. COVERED TERRACE OUTDOOR LOUNGES PACKAGE ROOM 1,077 SQ. FT. COURT AMENITY 14,914 SQ. FT. 948 SQ. FT. POOL EQUIPM. LOBBY W W W W W W W SS SS SS SS SS SS W W W W W W E E E E E E E SS SS SS SS SS STRM STRM STRM STRM SFM SFM SFM SFM SFM F F F F F F F STRM STRM STRM STRM STRM GAS GAS GAS DB DB DB DB DB DB A-2.2.1 SITE PLAN BUILDING II (SOUTH PARCEL)BOYNTON TOWN SQUARENORTH SITE PLAN - BUILDING II (SOUTH PARCEL)NOTE: ALL COMMON OPEN SPACE OR PEDESTRIAN AMENITY AREAS SHALL BE MAINTAINED BY THE OWNER(S) OF THE DEVELOPMENT. (CHAPTER 4, ARTICLE III, SEC 8.B.6.MAINTENANCE) *NOTE (DESCRIPTION): This development is proposing a large and vast variety of amenity program that will support and promote public health and safety. With over 18,000 sf of airconditioned amenities and nearly 30,000 sf of outdoor amenities it offers plenty of opportunities for residents to improve their physical and mental health. Some of the main amenity programs are a state-of-the-art gym, with a yoga room as well as private rooms. A spa center for massages and physical therapy which includes its own lobby/ lounge. A kids lounge, keeps children in a safe environment designed to enhance the children's experience. An art studio for residents to explore their creativity. A large game room with different game, TVs, arcade like games for all residents to enjoy. A cocktail lounge and other lounges throughout to promote social interaction within the community. A chef's kitchen and private dinning area for those residents who would like to explore their culinary dreams and can even be used for cooking classes or as an extension to the clubhouse and lounges. A large Clubroom with plenty of sectioned seating and bars. A large co-working area with conference rooms, office booths and common areas allows residents who work from home to escape the confines of their apartments while maintaining a quiet and professional space to work from. Two large pools are provided, One pool is designed as a lap pool which promotes good physical activity, open space cabanas and covered lounges opened to the pool decks are also provided and a lush and full landscape program can be found throughout. A jacuzzi area is also provided along with fire pits, seating, and a large water feature that will provides for a tranquil environment and experience to sooth the mind. All of these areas are protected and secured, other courtyards are also provided with public access along the perimeter of the buildings with retail components, these areas further encourage social and community interactions while keeping eyes of the street which improves overall safety. No buildings or structures (including overhangs and footers) shall be constructed within the right-of-way. Correct sight triangle to align with right of way Correct sight triangle to align with right of way APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED APPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVED APPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVED City Commission April 2, 2024 Project #: ___________________________CDPA,HTEX,MSPM - 2023.11.79608 944 14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M 14 M14 M 14 M 14 M14 M14 M14 M14 M14 M14 M 14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M 14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 M14 MFEATURE WALLCOMMUNAL TABLEPHONE BOOTHSCOCOON CHAIRS LOUNGE REFRIGERATED (Beverage)PRODUCT MIX (Sundries) PRODUCT MIX (Food) PRODUCT MIX (Food)POSPRODUCT MIX(Food)PRODUCT MIX(Sundries)PRODUCT MIX(Food)SNACK CABINETSNACK CABINETREFRIGERATED (Food)BARLIBRARYLIBRARYDrinkingFountainTVFEATURE WALLAir HockeyFoosballShuffle BoardTV Pool TableCocktail TableTV ZERO GRAVITYMASSAGE CHAIRSWASH BASIN WASH BASIN WASH BASIN BENCH/ LEASHSMALL DOGS SINKGATE oven/ micro. 36" refrig.dishw.trashTV TV 36" refrig. TV TV TV TV ADAADAADAADAADAF.O.D. ScreenLH HL LHHF.O.D. Screenfly/rear delt preacher curlADAADAADAADAADAADANOTE: EQUIPMENT POWER LOCATION BY FITNESS CONSULTANT fly/rear delt BUILD TO LINE 10' STPBK BUILD TO LINE10' STPBK10' STPBKBUILD TO LINE10' STPBK BUILD TO LINE POOL COURT RETAIL #1 2,069 SQ. FT. E. BOYNTON BEACH BOULEVARD N.E. 1ST AVE.N.E. 1ST STREETN. SEACREST BOULEVARD9 STORY / 1,049 SP POST-TENSIONED GARAGE TRASH RM. #1 POOL EQUIPM. RM. MAINT. RM.B. BIKE STO. TRASH STAGING LOADING #1 MAIN ELEC.FPL VAULT F.D. BULK HOLDING TRASH RM. #2 LOADING #2 STORAGE ROOM 1,076 SQ. FT. BOH: 5,704 SQ. FT. 1,147 SQ. FT. 585 SQ. FT. MAIN ENTRY PASSIVE COURT MAIN LOBBY 1,549 SQ. FT. RETAIL #3 1,796 SQ. FT.940 SQ. FT. PACKAGE MAIL ROOM CO-WORK VOID AMENITY 14,907 SQ. FT. PET SPA 51 SP PROPERTY LINE PROPERTY LINE PROPERTY LINEPROPERTY LINERETAIL #4 1,966 SQ. FT. 1,050 SQ. FT. TENANT STORAGE TENANT 1,045 SQ. FT. COVERED TERRACE OUTDOOR LOUNGES 2,316 SQ. FT. COURT COURT RETAIL #5 3,856 SQ. FT. COURTRETAIL #2 7,221 SQ. FT. COURT LEASING OFFICE LOBBY / AMEN. 1810 SQ. FT. POOL EQUIPM. SITE PLAN - BUILDING I (NORTH PARCEL) A-2.1.1 SITE PLAN BUILDING I (NORTH PARCEL)BOYNTON TOWN SQUARENORTH NOTE: ALL COMMON OPEN SPACE OR PEDESTRIAN AMENITY AREAS SHALL BE MAINTAINED BY THE OWNER(S) OF THE DEVELOPMENT. (CHAPTER 4, ARTICLE III, SEC 8.B.6.MAINTENANCE) W W W W W W SS SS SS SS SS STRM STRM STRM STRM GAS GAS GAS W W W W W E E E E E SS SS SS SS STRM STRM STRM SFM SFM SFM SFM F F F F F F DB DB DB DB DB *NOTE (DESCRIPTION): This development is proposing a large and vast variety of amenity program that will support and promote public health and safety. With over 18,000 sf of airconditioned amenities and nearly 30,000 sf of outdoor amenities it offers plenty of opportunities for residents to improve their physical and mental health. Some of the main amenity programs are a state-of-the-art gym, with a yoga room as well as private rooms. A spa center for massages and physical therapy which includes its own lobby/ lounge. A kids lounge, keeps children in a safe environment designed to enhance the children's experience. An art studio for residents to explore their creativity. A large game room with different game, TVs, arcade like games for all residents to enjoy. A cocktail lounge and other lounges throughout to promote social interaction within the community. A chef's kitchen and private dinning area for those residents who would like to explore their culinary dreams and can even be used for cooking classes or as an extension to the clubhouse and lounges. A large Clubroom with plenty of sectioned seating and bars. A large co-working area with conference rooms, office booths and common areas allows residents who work from home to escape the confines of their apartments while maintaining a quiet and professional space to work from. Two large pools are provided, One pool is designed as a lap pool which promotes good physical activity, open space cabanas and covered lounges opened to the pool decks are also provided and a lush and full landscape program can be found throughout. A jacuzzi area is also provided along with fire pits, seating, and a large water feature that will provides for a tranquil environment and experience to sooth the mind. All of these areas are protected and secured, other courtyards are also provided with public access along the perimeter of the buildings with retail components, these areas further encourage social and community interactions while keeping eyes of the street which improves overall safety. No building or structures shall be constructed within right of way or safe sight triangle. No building or structures shall be constructed within right of way or safe sight triangle. Provide written consent from each utility provider for encroachment into utility easements. No building or structures shall be constructed within right of way or safe sight triangle. No building or structures shall be constructed within right of way or safe sight triangle. Remove/revise gate so as not to encroach into right-of-way Remove/revise gate so as not to encroach into right-of-way 19'-10 1/2"APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED APPROVED APPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVED APPROVEDAPPROVEDAPPROVEDAPPROVEDAPPROVED City Commission April 2, 2024 Project #: ___________________________CDPA,HTEX,MSPM,ZCVL - 2023.11.79573 80'-0"40'-1/4"44'-11"161,723.5 sf 945 ` FISCAL IMPACT AND FINANCIAL GAP ANALYSIS FOR BOYNTON BEACH TOWN SQUARE APARTMENTS June 28, 2024 Prepared for Mr. Zach Alerhand Director of Portfolio Strategy Boynton Beach Town Center Apartments V LLC 55 Fifth Avenue, 15th Floor. New York, New York 10003 Prepared by Fishkind Litigation Services, Inc. 3504 Lake Lynda Drive, Suite 107 Orlando, Florida 32817 Office: 407-382-3256 946 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 2 of 28 EXECUTIVE SUMMARY • Boynton Beach Town Center Apartments V, LLC is planning the development of Town Square Apartments. This two-building, eight-story, mixed-use development will include 898 market-rate rental apartments, 23,594 square feet of retail space, and 2,014 parking spaces. Phase I (southern parcel) will consist of 465 apartments,6,686 square feet of retail space, and a parking garage with 980 spaces. Phase II (northern parcel) will comprise 433 apartments,16,908 square feet of retail space, and a parking garage with 1,034 spaces. • The development of Town Square Apartments will impact the economy of Boynton Beach and Palm Beach county, generating 426 construction jobs and supporting 340 permanent jobs in Boynton Beach. • During the construction period, the project will support 426 jobs, measured on a full-time equivalent basis each year from 2025 to 2030. Of these, 344 will be directly supported by the construction, with the balance indirectly supported or induced by the flow of construction spending. More than $25 million in earnings will be generated yearly, with a value -added of almost $40 million annually. The Project is projected to be fully occupied and operational in 2031. At that time, the retail and residential components of the Project are estimated to be fully leased (at 96% occupancy for the apartments and 95% occupancy for the retail space). Residents' local spending and purchases in the Project’s retail space generate permanent economic impacts . The total local spending generated by the Project is $90 million annually . . • The City's budgetary net fiscal operating surplus will be $13.4 million cumulatively by 2047 and grow to $66 million by 2062. • The development of Town Square Apartments will generate $4.12 million per year on average in tax increment revenues for the Boynton Beach Community Redevelopment Agency for 15 years. • Boynton Beach Town Center Apartments V, LLC has agreed to provide (a) 473 public parking spaces at an estimated value of $29.8 million and (b) $4.5 million in contributions for workforce housing to benefit the City of Boynton Beach, which total $ 34.3 million. Upon completion, the Project will dramatically beautify the area through architecture, public sidewalks, landscaping, and lighting. The City's vision of Boynton Beach Town Square as a community center can only be fulfilled by the Developer’s contribution of 473 public parking spaces. The parking spaces will serve City Hall and Town Square by accommodating 947 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 3 of 28 the employees and the public. They will play a crucial role in encouraging the public to spend time in the downtown area and realizing the City’s vision for Town Square. • Development of Town Square Apartments will also provide the City (a) $ 1 million for Arts in Public Places, (b) over $534,000 in park impact fees, (c) $2.7 million in utility fees, and (d) building division fees of $703,000. The Developer desires to move forward with construction in Phase I in 2026 and Phase II in 2029. This schedule will enable the Project to be fully occupied and operational in 2031. As our analysis shows, any delay will negatively impact the City's budgetary net fiscal surplus and the BBCRA incremental tax revenues. These are sources of funds for the City’s Town Square bond obligation. • However, the Developer's contribution to the City and sharp increases in construction costs and interest rates are currently significantly challenging Town Square Apartments' capitalization and immediate development . • As a result, its projected rate of return now falls far below market levels. • The contribution of 95.4% of Town Square Apartments' incremental revenues to the BBCRA for fifteen years, totaling $58.44 million (present value of $38.9 million), closes the financial gap, making the Project financially viable. 948 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 4 of 28 1.0 Introduction 1.1 Assignment Boynton Beach Town Center Apartments V , LLC (“Client”) commissioned Fishkind Litigation Services, Inc. ("FLS") to (a) measure the economic and fiscal impacts of its Town Square Apartments project on Boynton Beach and (b) quantify the tax increment financing ("TIF") needed to make Town Square Apartments financially feasible ("Gap Analysis"). 1.2 Overview of the Report Our report begins with an overview of the Town Square Apartments project in Section 2. Section 3 presents the economic analysis measuring the jobs, earnings, and output supported by the construction and operation of Town Square Apartments. Section 4 turns to the fiscal impacts of Town Square Apartments on Boynton Beach's CRA and City government. FLS calculates the revenues generated by Town Square Apartments and the costs of providing public services to the Project. Finally, Section 5 quantifies the financial gap for Town Square Apartments, and the amount of TIF needed to make the Project financially feasible. 1.3 Limitations and Disclaimers Although our analysis is based on cost inputs from Boynton Beach Town Center Apartments V, LLC, consistent with our experience and third-party sources, including Costar and Realtyrates.com, FLS is solely responsible for our findings, analysis, and conclusions. Our report uses the most current data available at publication, but we must be retained to provide updates as economic conditions evolve. 2.0 Overview of Town Square Apartments 2.1 Location Town Square Apartments 9.67+/- acres are located within the 16.5+/- acres of Town Square, a private/public partnership between the City and private developers, about four blocks off Boynton Beach Boulevard east of Interstate 95. It stretches from Boynton Beach Boulevard south to Southeast Second Avenue and Seacrest Boulevard east to Northeast First Street. 949 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 5 of 28 Figure 1. Location Map for Project Phase 1 Property Outline in Yellow (sold line) & Phase 2 Property Outline In Red 2.2 Development Plan Town Square Apartments will be two eight-story buildings, a mixed-use development planned for 898 market rental apartments and 23,594 square feet of neighborhood retail space, constructed in two phases on two separate parcels. Phase I Phase II Total Apartment Units 465 433 898 Retail Square Feet 6,686 16,908 23,594 Parking Spaces 980 1,034 2,014 Construction Start 2026 2029 Construction Completion 24 months 24-months 950 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 6 of 28 Figure 1b. Project Site Plan Table 1. Development Program Summary for Town Square Apartments Source: Costar Underwriting Report for Client. As discussed below, the market determines the estimated monthly rental rates. Based on our market analysis, the estimated rents in Table 1 are competitive with recently developed apartment projects in Boynton Beach. To be successful, Town Square Apartments must be competitively priced and designed to promote a rapid rent increase for the apartments and retail space. Uses Volumes Average Unit Size Estimated Monthly Rent Uses Volumes Average Unit Size Estimated Monthly Rent Apartments Apartments Studio (1 bath)43 544 $1,958 Studio (1 bath)35 544 $1,958 1BR (1 bath)187 804 $2,791 1BR (1 bath)164 777 $2,689 2BR (2 bath)191 1109 $3,777 2BR (2 bath)177 1112 $3,793 3BR (2 bath)44 1,419 $4,826 3BR (2 bath)57 1,437 $4,886 Total Apartments 465 964 Total Apartments 433 982 Annual Annual Retail square feet 6,686 $40.00 Retail square feet 16,908 $40.00 Parking Spaces 448 Parking Spaces 498 Phase 1 Phase 2 951 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 7 of 28 3.0 Economic Impact Analysis 3.1 Overview Economic impact analysis calculates the financial effects of a change in economic activity on an area's economy, typically measured in terms of jobs, earnings, and value-added. In this application, the analysis focuses on the impacts of the construction and operations of Town Square Apartments on Boynton Beach's economy. Impacts from Town Square Apartments' construction and operational phases are measured in terms of jobs, earnings, and value-added. FLS used the IMPLAN input-output modeling system as described below. The economic impacts are estimated for Palm Beach County because that is the minor level of geography for which reliable calculations can be developed. Exhibit #1 contains a complete economic impact analysis and report. The results are summarized below. 3.2 Methodology To quantify the economic impact of the Project, FLS employed the IMPLAN input-output modeling system.1 Economists widely use IMPLAN to calculate the economic impacts of developing commercial land uses or residential apartments. IMPLAN is routinely used by the State of Florida 's Department of Economic Opportunity.2 IMPLAN is a computer software package comprising procedures for estimating local input-output models using locally specific databases. IMPLAN was initially developed by the U.S. Forest Service in cooperation with the Federal Emergency Management Agency and the U.S. Department of the Interior's Bureau of Land Management to assist in land and resource management planning. Since 1993, the IMPLAN system has been developed under exclusive rights by the Minnesota Implan Group, Inc., which licenses and distributes the software to users. Hundreds of authorized users exist in the United States, including universities, government agencies, and private companies. The Department of Food and Resource Economics at the University of Florida is a licensed user of IMPLAN along with the State of Florida and many other governments and private companies. We have used IMPLAN widely in our work. Input-output modeling was developed in the 1930s by Nobel Prize -winning economist Leontief.3 The methodology has been refined and used 1 www.IMPLAN.com 2 http://www.floridajobs.org/labor-market-information/products-and-services/economic-impact- analysis 3 Leontief, Wassily (1936), “Quantitative Input-Output Relations in the Economic System of the United States”, Review of Economics and Statistics, Volume 18, pages 105-125. 952 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 8 of 28 continuously since then.4 An input-output model is built around quantifying the interactions between industries (or sectors) within an economy. Each industrial or service activity within the economy (agriculture, mining, manufacturing, trade, services, etc.) is assigned to an economic sector, with the number of sectors determined by the level of detail desired. Then, for a one-year production period, a transactions table reflects the value of goods and services exchanged between sectors of the economy. The transactions table contains three components of the local economy: producing industries, final demand, and value-added, which capture all transactions within the economy. The transactions table shows how much each local industry purchased and sold to every other industry within the local economy. Values are expressed in dollars and track the movement of goods and services between industry sectors and between producing industries, final demand, and value-added components of the economy. Impact analysis using an input-output model estimates changes in final demand. Producing industries respond directly by selling to final consumers or indirectly by selling goods and services (intermediate inputs) to other sectors. The IMPLAN software and database quantify both the estimation of the transactions table for specific local areas and the resulting tables to estimate multipliers that capture the direct and indirect effects of changes in final demand. This analysis used IMPLAN calibrated for Palm Beach County (the minor geography available). This application calculates the change to final demand for each land use, retail and residential. The analysis is provided for each land use's construction and operating impacts once constructed and occupied. 3.3 Construction Period Impacts Boynton Beach Town Center Apartments V , LLC plans to construct Phase I in 2026 and Phase II in 2029. Each phase will take 24 months to complete. Construction costs are estimated at $ 320 million. Table 2 summarizes the economic impacts during the construction period. During the construction period, the Project will support 426 jobs measured on a full-time equivalent basis. Of these, 344 will be directly supported by the construction, with the balance indirectly supported or induced by the flow of construction spending. More than $25 million in earnings will be generated, with more than $38 million in value-added. 4 See Miller, Ronald E. and Peter D. Blair (2009), Input-Output Analysis, Cambridge University Press: NY, NY. 953 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 9 of 28 Table 2. Economic Impact Summary Construction Period of Town Square Apartments Full-Time Equivalent $ in Millions $ in Millions Category Jobs Earning Value Added Direct 344 $20 $29 Indirect 27 $2 $3 Induced 55 $3 $6. Total 426 $25 $38 Source: IMPLAN and FLS 3.4 Permanent Economic Impacts Town Square Apartments is projected to be fully occupied and operational by 2028 Phase I and 2031 Phase II. As Table 3 shows, the spending by the occupants of the 898 apartments and the sales at the 23,594 square feet of retail/commercial space will support 340 jobs, earn $18 million per year, and add $34 million in value. Table 3. Economic Impact Summary Stabilized Operations of Town Square Apartments Full-Time Equivalent $ in Millions $ in Millions Category Jobs Earning Value Added Direct 62 $2 $4 Indirect 10 $1 $1 Induced 268 $16 $30 Total 340 $18 $34 Source: IMPLAN and FLS 4.0 Fiscal Impacts 4.1 Overview In this application, fiscal impacts measure Town Square Apartments' cost and revenue effects on the budgets of Boynton Beach and its CRA ("BBCRA"). Exhibit #2 contains a complete fiscal impact analysis and report. The results are summarized below. 954 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 10 of 28 4.2 Methodology FLS calculates fiscal impacts based on (a) the latest adopted budgets for the government, (b) Florida laws governing CRAs and property taxation, and (c) demographic data on population, employment, and visitor volume. For a general-purpose government like the City, except for ad valorem revenues, operating revenues were calculated using the modified per capita method based on the City's actual for FY2022 as reported to the State of Florida, Division of Banking. FLS included the following fund types: (a) general fund, (b) special revenue fund, and (c) permanent fund. FLS excluded the following fund types: (a) debt service fund, (b) capital projects fund, (c) enterprise fund, (d) internal service fund, (e) fiduciary funds, and (f) revolving and clearing funds. The debt service fund is not involved because it relates to prior capital projects where pledged revenues are the funding source. FLS eliminates the capital project fund because development projects like Town Square Apartments are required to offset their capital impacts in the entitlements process. Finally, the enterprise fund comprises operations that are self- funding through their fees. FLS employs the modified per capita approach to precisely quantify the fiscal impacts of Town Square Apartments on the City. This approach, which excludes ad valorem revenues, methodically examines each revenue and expenditure account in the City's budget to determine its association with population, employment, or visitor volume. This method ensures a more accurate assessment of the development's financial effects on the City's budget. For example, law enforcement is provided to all residents, visitors, and employees. FLS divides Law enforcement costs by the full-time equivalent number of residents, visitors, and employees. This weighted expenditure is applied to Town Square Apartments to measure its impact on law enforcement costs. Other revenue and expenditure accounts are only related to residents. For instance, FLS determines municipal revenue sharing using a population formula. So, only residents are used to calculate the per capita revenue sharing figure to apply to Town Square Apartment's residents. 955 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 11 of 28 The BBCRA, established by City Ordinances 82-KK and 83-41, plays a significant role in the fiscal impact analysis. As an independent agency and component unit of the City, a board of elected officials governs the BBCRA. Its primary revenue source is tax increment revenues collected from the City and Palm Beach County within the legally defined redevelopment area of the BBCRA. For FY2023-24, the BBCRA will receive revenues based on the City millage rate of 7.85 and the County's general fund millage of 4.50 for a combined millage of 12.35. The development of Town Square Apartments will not necessitate any increase in BBCRA staff or operating costs. Additionally, Town Square Apartments will have a minimal impact on other non-ad valorem revenues for the BBCRA. Therefore, our analysis of the fiscal implications of Town Square Apartments on BBCRA will focus on its effects on BBCRA ad valorem revenues. 4.3 Fiscal Impacts of Town Square Apartments on the City's Budget Table 4 summarizes the fiscal impact of Town Square Apartments on the City's budget. The analysis is in constant 2024 dollars without trending for inflation. Town Square Apartments will have a taxable value of $198 million upon completion of Phase I. In 2031, a combined value of $400 million with Phase II completion. The Project is within Town Square's geographically targeted economic development area and is eligible for Tax Increment Financing ("TIF") from The Boynton Beach Community Redevelopment Agency ("CRA"). The CRA captures the increase in property taxes resulting from new development and diverts that revenue to subsidize that development. The BBCRA apportions ninety-five percent of the Project's tax increment revenues. After completing the gap financing provided by the CRA program in 2043, the Project will produce an annual fiscal surplus of $3.07 million. By 2047, the budgetary impact surplus on the City will be $3.217. Town Square Apartments will also generate almost $870,000 million per year in other revenues for the City. Still, the City will incur increased annual expenses to provide governmental services to Town Square Apartments. From 2028 to 2042, the Project will charge the City a cumulative net fiscal shortfall of $2.92 million, but from 2028 to 2062, the City will earn a cumulative net budgetary surplus of $66.3 million. 956 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 12 of 28 Table 4. Fiscal Impact of Town Square Apartments on the City of Boynton Beach Constant 2024 Dollars Source: FLS 4.4 Fiscal Impacts on the CRA's Budget Table 5 presents the fiscal impacts of the Town Square Apartments project on the BBCRA's budget. The assessed value is estimated based on the Project's development cost provided by Boynton Beach Town Center Apartments V, LLC and elaborated further below. In the initial years, the appraiser assesses commercial properties based on the cost approach. As time progresses, the appraiser transitions to the income approach. FLS projects that the residential property values will appreciate at a 1% real rate (1% more than inflation), and the retail component will escalate at a 1% real rate. This steady growth in property values is a reassuring indicator of the stability the Town Square Apartments project brings to the BBCRA's budget. The ad valorem taxes for the BBCRA revenues use the effective BBCRA millage rate, which totaled 12.35 in FY 2023-24 (the latest year for which complete information is available). This effective rate includes consideration of the 95% share of increment increases of ad valorem revenues the CRA receives and the assessment ratio the property appraiser applies to just property values to adjust from market value to assessed value. Table 4 Boynton Beach Town Square Fiscal Impact - Operating Revenue and Expenditures Year Assessed Value Ad Valorem Ad Valorem Transferred to BBCRA Total Operating Revenue Total Operating Expenditure Net Fiscal Impact Cumulative Net Fiscal Impact 2028 198,087,580 1,554,988 (1,363,801) 657,949 703,142 (45,194) (45,194) 2032 403,389,083 3,166,604 (2,894,837) 1,174,198 1,361,459 (187,261) (509,330) 2037 423,965,981 3,328,133 (3,048,289) 1,182,275 1,361,459 (179,184) (1,421,565) 2042 445,592,507 3,497,901 (3,209,569) 1,190,763 1,361,459 (170,696) (2,292,190) 2047 468,322,203 3,676,329 - 4,578,760 1,361,459 3,217,301 13,433,910 2052 492,211,342 3,863,859 - 4,766,290 1,361,459 3,404,831 30,079,274 2057 517,319,067 4,060,955 - 4,963,385 1,361,459 3,601,927 47,690,794 2062 543,707,539 4,268,104 - 5,170,535 1,361,459 3,809,076 66,317,754 957 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 13 of 28 Table 5. Fiscal Impact of Town Square Apartments on the Boynton Beach Community Redevelopment Agency's (BBCRA) Budget Source: FLS Based on genuine property appreciation, our projections indicate that the Project will contribute an average of $4.12 million annually to the BBCRA for fifteen years. This long-term commitment to the Project provides a secure and stable prospect for the BBCRA's financial stability, offering reassurance in the face of potential uncertainties. 4.5 Fiscal Capital Revenues The Project will generate fiscal capital revenues of $534,310 from Boynton Beach city parks and recreation facilities impact fee. In addition, the Developer has agreed to provide (a) 473 public parking spaces at an estimated value of $63,000/space for a total of $29.8 million and (b) $4.5 million in workforce housing contribution. The total fiscal capital revenues will be $34.3 million. Table 5 Boynton Beach CRA Boynton Beach Town Square Tax Increment Revenues Analysis Years Pre‐Project Property Tax Assessed Value Post‐Project Property Tax Assessed Value Property Tax Increment Value at Project Completion Tax Increment Revenue To CRA @95% Phase 1 Pledged Increment Revenue to Developer Phase 2 Pledged Increment Revenue to Developer NET-Tax Increment Revenue to CRA CRA Town Square Funding (City Bond Obligation) (2028-2037) Project % Contribution to CRA Town Square Funding 2028 17,129,592$ 198,087,580$ 180,957,988$ 2,012,234$ 2,000,000$ -$ 12,234$ 3,550,000$ 0.3% 2029 17,129,592$ 200,068,456$ 182,938,864$ 2,035,474$ 2,000,000 - 35,474 3,550,000 1.0% 2030 17,129,592$ 202,069,140$ 184,939,548$ 2,058,947$ 2,000,000 - 58,947 3,550,000 1.7% 2031 17,129,592$ 399,395,132$ 382,265,540$ 4,374,074$ 2,320,000 2,050,000 4,074 3,550,000 0.1% 2032 17,129,592$ 403,389,083$ 386,259,491$ 4,420,933$ 2,320,000 2,050,000 50,933 3,550,000 1.4% 2033 17,129,592$ 407,422,974$ 390,293,382$ 4,468,261$ 2,320,000 2,050,000 98,261 3,550,000 2.8% 2034 17,129,592$ 411,497,204$ 394,367,612$ 4,516,062$ 2,320,000 2,050,000 146,062 3,550,000 4.1% 2035 17,129,592$ 415,612,176$ 398,482,584$ 4,564,341$ 2,320,000 2,050,000 194,341 3,550,000 5.5% 2036 17,129,592$ 419,768,298$ 402,638,706$ 4,613,103$ 2,320,000 2,050,000 243,103 3,550,000 6.8% 2037 17,129,592$ 423,965,981$ 406,836,389$ 4,662,352$ 2,320,000 2,050,000 292,352 3,550,000 8.2% 2038 17,129,592$ 428,205,641$ 411,076,049$ 4,712,094$ 2,320,000 2,050,000 342,094 3,550,000 9.6% 2039 17,129,592$ 432,487,697$ 415,358,105$ 4,762,333$ 2,320,000 2,050,000 392,333 3,550,000 11.1% 2040 17,129,592$ 436,812,574$ 419,682,982$ 4,813,075$ 2,320,000 2,050,000 443,075 3,550,000 12.5% 2041 17,129,592$ 441,180,700$ 424,051,108$ 4,864,324$ 2,320,000 2,050,000 494,324 3,550,000 13.9% 2042 17,129,592$ 445,592,507$ 428,462,915$ 4,916,085$ 2,320,000 2,050,000 546,085 3,550,000 15.4% Total 61,793,691$ 33,840,000$ 24,600,000$ 3,353,691$ 53,250,000$ 6.3% 958 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 14 of 28 5.0 Financial Gap Analysis 5.1 Overview The financial gap analysis is not just a tool but a crucial one. It compares the economic performance of a development project with and without financial support, helping to understand the Project's potential and the role of financial support in achieving a rate of return commensurate with market rates for projects of similar characteristics and risk profiles. This analysis is critical as it justifies the necessity of financial support for this project, making its importance clear. Financial performance for rental apartment projects is measured when the project achieves stabilized operations. At that time, projects are either sold to investors or refinanced. FLS determines the value of the Project at that time via the income approach using the capitalization of income method ("Cap Rate").5 FLS calculates the Project's value by dividing its stabilized net operating income ("NOI") by the Cap Rate. Cap Rates are market-determined rates estimated from data on apartment project sales and their stabilized net operating Income (NOI). These data are readily available from various reliable sources. FLS uses Costar. Due to recent sharp increases in construction costs and interest rates, the development of Town Square Apartments is no longer financially feasible. As a result, its projected rate of return now needs to catch up to market levels. The contribution of 94.5% of the incremental revenues generated by Town Square Apartments to the BBCRA for fifteen years, totaling $58.4 million (present value of $38.9 million), closes the financial gap, enhancing the Project's economic viability. 5.2 Methodology Real estate development projects, like Town Square Apartments, use detailed and highly proprietary cash flow pro forma models for planning, analysis, decision-making, financing, and monitoring. Boynton Beach Town Center Apartments V, LLC provided FLS with a copy of its financial model, and we used it as the foundation for our analysis. FLS then developed our independent economic analysis. 5 Fishman, Jay et al. (2012), Guide to Business Valuation, Thompson-Reuters, Section 503. 959 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 15 of 28 Cost Analysis Boynton Beach Town Center Apartments V, LLC acquired the land for the Project for $44 million, resulting in land costs for Phase I and II of $22.6 million and $22.4 million, respectively. The total development cost is $452 million, with construction costing $320 million. The Project's square footage is as follows: Square Feet (SF) Phase I Phase II Total Total Gross SF 938,748 841,596 1,880,344 Garage Gross SF 333,749 344,716 678,465 Gross SF-Building 604,999 596,880 1,201,912 Leasable SF 457,089 444,823 901,912 Development cost estimates are $240 per gross square foot and $501 per leasable square foot. These estimates are consistent with other projects FLS is participating in and reasonable based on current cost estimates from RH Means. Calculations for Stabilized NOI for Town Square Apartments Apartment rental rates experienced unprecedented double-digit rent hikes in 2021 and 2022 across the U.S. and the relevant marketplace for Town Square Apartments in Boynton Beach, as shown in Figures 2 and 2a. The vigorous hikes have ended. As of the second quarter of 2024, rents grew by 0.5%, under the 5-year historical average growth of 6.6%. Rents in the Boynton Beach submarket are following the trajectory of flattened -out rental rates. Figure 2. Market Rent Per Unit By Bedroom Source: Costar 960 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 16 of 28 Figure 2a. Market Rent Per Square Foot Source: Costar Table 6. Multifamily Submarket Key Indicators Source: Costar Table 6 Current Quarter Units Vacancy Rate Asking Rent Effective Rent Absorption Units Delivered Units Under Constr Units Multi- Family Submarket - Boynton Beach, Florida KEY INDICATORS 4 & 5 Star 8,596 6.3%$2,391 $2,376 (13)0 0 3 Star 3,443 6.9%$2,063 $2,053 (18)0 384 1 & 2 Star 2,575 6.2%$1,270 $1,263 (5)0 0 Submarket 14,614 6.4%$2,217 $2,204 (36)0 384 Annual Trends 12 M onth Historical Average Forecast Average P eak When Trough When Vacancy Change (YOY)-1.1%7.4%7.8%12.6%2002 Q1 3.8%2021 Q3 Absorption Units 322 289 126 1,292 2021 Q2 (279)2016 Q1 Delivered Units 180 314 184 1,167 2018 Q3 0 2016 Q3 Demolished Units 0 5 16 49 2009 Q3 0 2024 Q1 Asking Rent Growth (YOY)0.4%3.2%3.3%26.8%2021 Q4 -2.8%2008 Q3 Effective Rent Growth (YOY)0.5%3.2%3.2%29.6%2021 Q4 -2.8%2009 Q2 Sales Volume $165M $130.2M N/A $968.9M 2021 Q4 $2.5M 2009 Q2 961 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 17 of 28 Boynton Beach is one of the more sizable submarkets in Palm Beach . It houses over 14,500 multifamily units, making it the third-largest apartment submarket. Over 50% of the existing multifamily units were built before 2000. Despite slowing from levels seen in the preceding three years, annual net absorption has remained positive. Demand has trailed supply additions since 2022, resulting in an uptick in vacancy for the submarket, now standing at 6.4%, an expansion from recent lows of 3.8% in 2021. Increased competition due to new deliveries has resulted in a moderation in annual rent growth to 0.5%, down from double-digit rent growth seen in 2021 Figure 3 highlights how apartment rents shot up in mid-2020 and then de- escalated after peaking in mid-2021. Rents stopped rising by mid-2022. As discussed below, the expectation for rental rates is to remain flat over the next few years due to additional supplies of new units and affordability constraints. Figure 3. Growth in Effective Rents per Unit Source: Costar The timing of new construction of apartments also affects rent levels. Figure 4 shows the volume of new apartments being constructed in the relevant market area for Town Square Apartments. Groundbreakings remained elevated in 2023, totaling over 380 units, after over 470 units broke ground in 2022. Units underway total 384, the bulk of which will be delivered by late 2024. This supply pressure has kept rents rising very slowly in the near term, as reflected in Figures 2, 2a, and 3. Construction volume has 962 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 18 of 28 rebounded in 2022 and 2023, with more than 600 new units completed. This new supply will restrain rental growth in the near term. Figure 4. Past and Future Deliveries of Apartment Units Source: Costar Developers strive to lease up their projects rapidly when construction is completed. Pre-leasing efforts have resulted in initial solid occupancy levels, as Figure 5 illustrates. Figure 5. Absorption, Net Deliveries & Vacancy Source: Costar 963 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 19 of 28 As discussed and shown in Table 1, FLS expects Town Square Apartments to price its rents competitively in the marketplace and foster rapid lease-up. A fast lease-up at or soon after delivery is reasonable for a new project delivered to the market, such as Town Square Apartments, assuming competitive rental pricing. As of January 2028, the Proj ect should reach stabilization within twelve months of delivery. Table 7 displays the Project's net operating income (NOI) projection for phases I & II at stabilization in 2028 and 2031, respectively. Cost and revenue figures are in 2024 dollars without adjustment for inflation or escalations. FLS calculations are based on current known data and contemporary estimates, providing the most reliable basis for estimating NOI. At stabilization, Town Square Apartments (Phase I) estimated projections assume $19.5 million in potential rent from apartment units, parking, and other ancillary sources. The vacancy assumption is at 4%. This results in an estimated effective gross rent for apartments of $18.7 million at stabilization. Retail spaces will produce $254,000 in additional income, with a total revenue of $19 million. Town Square Apartments (Phase II) estimated projections assume $18.5 million in potential rent from apartment units, parking, and other ancillary sources. The vacancy assumption is at 4%. This results in an estimated effective gross rent for apartments of $17.8 million at stabilization. Retail spaces will produce $642,500 in additional income, with a total revenue of $18.449 million. [The balance of this page was left blank intentionally.] 964 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 20 of 28 Table 7. Calculation of Net Operating Income for Town Square Apartments Phase I operating expenses, including insurance, of $3.6 million utilize an industry-standard expense ratio of 19% of total revenue. Real estate taxes of $2.86 million were estimated based on the $198 million taxable values and current millage rates. Management fees of 2% of total income are standard in the industry. Total expenses of $6.8 million represent 36% of total revenues. This overall expense ratio is consistent with industry norms. Phase II operating expenses, including insurance, of $3.4 million utilize an industry-standard expense ratio of 19% of total revenue. Real estate taxes of $2.66 million were estimated based on the $195.3 million taxable values and current millage rates. Management fees of 2% of the total income are standard in the industry. Total expenses of $6.4 million represent 36% of total revenues. This overall expense ratio is consistent with industry norms. Amount %Amount % Apartment Revenue Statistic Units 465 433 Square Feet 448,166 425,133 $/SF/Mo. Avg.3.25$ 3.25$ $/Unit/Mo. Avg.3,132.34$ 3,190.95$ Revenues Apartment Revenue 17,478,474$ 92%16,580,187$ 90% Parking Income 351,000 2%351,000 2% Other Income 1,709,630 9%1,617,438 9% Gross Potential Income 19,539,104 103%18,548,625 101% Vacancy 781,564 4%741,945 4% Total Apartment Revenue 18,757,540 99%17,806,680 97% Retail Revenue (Net of Vacancy)254,068 1%642,504 3% Total Revenue 19,011,608$ 100%18,449,184$ 100% Expenses Operating Expenses 2,715,838 14%2,528,942 14% Management Fees 332,703 2%322,861 2% Property Insurance 930,000 5%866,000 5% RE Taxes 2,859,750 15%2,662,950 14% Total Expenses 6,838,291$ 36%6,380,752$ 35% - Net Operating Income 12,173,317$ 64%12,068,432$ 65% Boynton Beach Town Square Net Operating Income Phase I South Building Phase II North Building 965 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 21 of 28 Town Square Apartments estimates stabilized NOI of $12.2 million for Phase I and $12.1 million for Phase II. These amounts are incorporated into the calculation to estimate the market value of Town Square Apartments at stabilization using the Cap Rate methodology from the income approach to value. Determining the Cap Rate As discussed above, the Cap Rate is the ratio of NOI to sales price for income-producing properties like Town Square Apartments. The marketplace determines the Cap Rates. There are many representative sales of apartment projects in the relevant market area. Figure 6 shows the Cap Rates for Palm Beach County and Boynton Beach submarket from 2018 through 2023, with projections to 2027. From 2018 to 2022, Cap Rates for apartment projects have declined and are running at about 5%. The forecast cap rate from 2024 to 2027 is 5.3% to 4.8 % in Boynton Beach. Figure 6. Market Cap Rates Source: Costar 966 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 22 of 28 Stabilized Value of Town Square Apartments FLS estimated the value of Town Square Apartments at stabilization using the income approach to value employing the Cap Rate method. FLS valued Town Square Apartments on a fair market basis as a going concern. With a projected NOI at stabilization of $12.2 million and a Cap Rate of 4.985 %, Phase I will have a value at stabilization of $244.198 million. Since the estimated stabilization is in 2028, the present value of Town Square Apartments Phase I is $225.6 million. With a projected NOI at a stabilization of $12.1 million and a Cap Rate of 4.985 %, Pha se II will have a value at a stabilization of $242.095 million. Since the estimated stabilization is in 2031, the present value of Town Square Apartments Phase II is $222.6 million. 5.3 Financial Analysis and Quantification of the Financial Gap Table 8 shows the calculations for the financial gap analysis. As noted above, Town Square Apartments: Phase I has a stabilized present value of $225.6 million. Without financial support, the loss from development is $5.136 million, a rate of return of a negative 2.3%. A negative 2.3% rate of return is far below market rates and would not justify the development of Town Square Apartments Phase I. Phase II has a stabilized present value of $222.6 million. Without financial support, the profit from development is $1.8 million, a rate of return of just 0.8 %. A 0.8 % rate of return is far below market rates and would not justify the development of Phase II of Town Square Apartments. We can determine the market rate of return from the cap rate . The profit margin, or the required market rate of return, equals the Cap Rate plus the long-term average expected growth rate in NOI.6 Over time, it is reasonable to project that Town Square Apartments would achieve an average long- term 2.8 % compound rate of increase in NOI. Therefore, the market rate of return is 7.80% (5.0 % Cap Rate + 2.8% expected growth rate of NOI). 6 Fishman, Op. Cit. 967 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 23 of 28 Table 8. Financial Gap Analysis Source: FLS To close this financial gap and to reach the market rate of return of 7.8%, Town Square Apartments: Phase I will need tax increment funding ("TIF") of $2,000,000 per year for three years and $2,320,000 for twelve years once it is stabilized and producing its full increment of tax revenue to the CRA, as discussed in Section 4. TIF support at this level represents approximately 94.5% of the incremental ad valorem tax revenue generated by Town Square Apartments Phase I for the BBCRA. Once it is stabilized and producing its full increment of tax revenue for the CRA, Phase II will need tax increment funding ("TIF") of $2,050,000 per year for twelve years, as discussed in Section 4. TIF support at this level represents approximately 94.5% of Town Square Apartments Phase II's incremental ad valorem tax revenue for the BBCRA. Table 8 Category Project without TIF Project with TIF Project without TIF Project with TIF Land 22,580,243$ 22,580,243$ 21,419,757$ 21,419,757$ Development Cost 208,156,600 208,156,600 199,385,602 199,385,602 Total Cost 230,736,843$ 230,736,843$ 220,805,359$ 220,805,359$ Stabilized NOI 12,173,317$ 12,173,317$ 12,068,432$ 12,068,432$ Capitalization Rate 4.985%4.985%4.985%4.985% - - Stabilized Value 244,198,931$ 244,198,931$ 242,094,918$ 242,094,918$ Present Value Stabilized 225,600,827$ 225,600,827$ 222,613,960$ 222,613,960$ Present Value of TIF -$ 22,839,185$ -$ 15,610,338$ Profit (5,136,016)$ 17,703,170$ 1,808,601$ 17,418,939$ - - - - Rate of Return on Investment -2.3%7.8%0.8%7.8% Return on Cost -2.2%7.7%0.8%7.9% Annual TIF Amount (0) 2,000,000 - 2,050,000 TIF Term Years Year (1-3)3 Year (1-12)12 Annual TIF Amount - 2,320,000 - - TIF Term Years Year (4-15)12 RealtyRate-OAR Region Overall Regional Rate of Return on Investment 7.8%7.8% Phase I South Building Phase II North Building 968 Economic and Fiscal Impacts and Financial Gap Analysis for Boynton Beach Town Square Apartments Page 24 of 28 6.0 Conclusions and Request for TIF Support 6.1 Summary of Results Town Square Apartments' development will substantially contribute to the economy of Boynton Beach, augment the supply of workforce housing, provide a positive fiscal impact on the City's budget, and generate $4.12 million per year in revenue to the BBCRA for fifteen years. 6.2 Request for TIF Support The Developer's contribution to the City of $22.4 million, higher development costs, and the recent jump in interest rates have compromised Town Square Apartments' financial feasibility. To close the economic gap, Boynton Beach Town Center Apartments V requests that the BBCRA contribute about 94.5% of the incremental revenue generated by Town Square Apartments, totaling $58.44 million (present value of $38.9 million), closing the financial gap and making the Project financially viable. 969 ECONOMIC IMPACT ANALYSIS BOYNTON BEACH TOWN SQUARE APARTMENTS BOYNTON BEACH, FL EXHIBIT 1 June 28, 2024 Prepared for Mr. Zach Alerhand Director of Portfolio Strategy Boynton Beach Town Center Apartments V LLC 55 Fifth Avenue, 15th Floor New York, New York 10003 Fishkind Litigation Services, Inc. 3504 Lake Lynda Drive, Suite 107 Orlando, Florida 32817 407-382-3256 www.Fishkindls.com 970 Economic Impact Analysis Boynton Beach Town Square Apartments Page 2 of 7 ______________________________________________________________________ Economic Impact Analysis Boynton Beach Town Square Apartments ______________________________________________________________________ 1.0 Introduction and Summary of Results 1.1 Background Boynton Beach Town Center Apartments V LLC. is developing 898 market-rate rental apartments and 23,594 square feet of neighborhood retail/commercial space on property in the City of Boynton Beach, Florida (“Project”). The Project will be built on -/+ 9.67 acres within the 16.5-/+ acres of Town Square, a private/public partnership between the City and private developers. Time Square stretches from Boynton Beach Boulevard south to Southeast Second Avenue and Seacrest Boulevard, east to Northeast First Street. Figure 1 shows the current site plan for the Project. The Project would be built in two phases, one on the west side and the other on the east side of Town Square. Figure 1. Project Site Plan 971 Economic Impact Analysis Boynton Beach Town Square Apartments Page 3 of 7 1.2 Assignment Boynton Beach Town Center Apartments V LLC. commissioned Fishkind Litigation Services, Inc. ("FLS") to quantify the fiscal and economic impact of the Project and to calculate the amount of tax increment financing needed to make the Project economically viable. This report focuses on the economic impacts. Economic impacts are measured in terms of employment, labor earnings, and value added during the construction phase and for the permanent operational phase of the Project. 2.0 Economic Impact Analysis 2.1 Overview Economic impact analysis calculates the economic effects of a change in economic activity on an area’s economy typically measured in terms of jobs, earnings, and value-added. In this application, the analysis focuses on the impacts on Boynton Beach’s economy from the construction and operations of the Project. Impacts from the construction phase and the operational phase of the Project are measured in terms of jobs, earnings, and value -added. FLS used the IMPLAN input-output modeling system as described below. The economic impacts are measured for Palm Beach County, because that is the smallest level of geography for which reliable calculations can be developed. 2.2 Methodology To quantify the economic impact of the Project, FLS employed the IMPLAN input- output modeling system.1 IMPLAN is widely used by economists to calculate the economic impacts of developing commercial land uses or residential apartments. IMPLAN is routinely used by the State of Florida’s Department of Economic Opportunity.2 IMPLAN is a computer software package comprising procedures for estimating local input-output models using locally specific databases. IMPLAN was originally developed by the U.S. Forest Service in cooperation with the Federal Emergency Management Agency and the U.S. Department of the Interior's Bureau of Land Management to assist in land and resource management planning. Since 1993, the IMPLAN system has been developed under exclusive rights by the Minnesota Implan Group, Inc. which licenses and distributes the software to users. Currently, there are hundreds of licensed users in the United States including universities, government agencies, and private companies. The Department of Food and Resource Economics at the University of Florida is a licensed user o f IMPLAN 1 www.IMPLAN.com 2 http://www.floridajobs.org/labor-market-information/products-and-services/economic-impact-analysis 972 Economic Impact Analysis Boynton Beach Town Square Apartments Page 4 of 7 along with the State of Florida and many other governments and private companies. We have used IMPLAN widely in our work. Input-output modeling was developed in the 1930s by Nobel Prize winning economist Leontief.3 The methodology has been refined and used continuously since then.4 An input-output model is built around quantifying the interactions between industries (or sectors) within an economy. Each industrial or service activity within the economy (agriculture, mining, manufacturing, trade, services, etc.) is assigned to an economic sector with the number of sectors determined by the level of detail desired. Then, for a one-year production period, a transactions table reflects the value of goods and services exchanged between sectors of the economy. The transactions table contains three components of the local economy: producing industries, final demand, and value added, which capture all transactions within the economy. The transactions table shows how much each local industry purchased and/or sold to every other industry within the local economy. Values are expressed in dollars and track the movement of goods and services between industry sectors and between producing industries and final demand and value-added components of the economy. Impact analysis using an input-output model is conducted by estimating the changes in final demand. Producing industries then respond directly by selling to final consumers or indirectly by selling goods and services (intermediate inputs) to other industries. The IMPLAN software and database quantify both the estimation of the transactions table for specific local areas and the resulting tables to estimate multipliers that capture the direct and indirect effects of changes in final demand. IMPLAN calibrated for the Palm Beach County (the smallest geography available) was used in this analysis. In this application the change to final demand is calculated for each of the two land uses, retail and residential. The analysis is provided for the construction of each land use and for its operating impacts once constructed and occupied. 3 Leontief, Wassily (1936), “Quantitative Input-Output Relations in the Economic System of the United States”, Review of Economics and Statistics, Volume 18, pages 105-125. 4 See Miller, Ronald E. and Peter D. Blair (2009), Input-Output Analysis, Cambridge University Press: NY, NY. 973 Economic Impact Analysis Boynton Beach Town Square Apartments Page 5 of 7 2.3 Construction Period Impacts Time Square plans to begin the construction of the Project in 2025 with completion of Phase 1 in 2027 and Phase 2 in 2030. Construction costs are estimated at $293 million. Table 1 presents the estimated composition of the construction budget identifying the portion that is estimated to be spent locally. It is this local spending component that generates local economic impacts. FLS estimates that about half the construction budget will be spent on labor and professional costs including architecture, engineering, and surveying that are directly related to the construction of the Project. Of this 75% is projected to be spent locally. The other half of the construction budget is for materials. Most of these are not locally produced. Table 1. Analysis of the Construction Budget for the Project Category Amount % Total % Local $ Local Labor & Professionals $146,705,895 50% 75% $110,029,421 Materials $146,705,895 50% 25% $36,676,474 ========= ========= ========= ========= Construction Cost $293,411,790 100% 50% $146,705,895 Table 2 summarizes the economic impacts during the 31-month construction period from the local construction spending of $146.7 million. During the construction period the project will support 426 jobs measured on a full-time equivalent basis in each year from 2025-2030. Of these, 344 will be directly supported by the construction with the balance being indirectly supported or induced by the flow of construction spending. More than $25 million in earnings will be generated each year with value-added almost than $40 million per year. Table 2. Economic Impact Summary Per Year Construction Period of The Project 2025-2030 Category Jobs Earnings $M Value Added $M Direct 344 $20 $29 Indirect 27 $2 $3 Induced 55 $3 $6 ======= ======= ======= Total 426 $25 $38 Source: IMPLAN and FLS 974 Economic Impact Analysis Boynton Beach Town Square Apartments Page 6 of 7 2.4 Permanent Economic Impacts The Project is projected to be fully occupied and operational in 2031. At that time the retail and residential components of the Project are projected to be fully leased (at 96% occupancy for the apartments and 95% occupancy for the retail space). The permanent economic impacts are generated by the local spending by residents and purchases in the Project’s retail space. Table 3 presents the calculations for these two spending streams. The average monthly rent for the apartment is $3,096. To afford this rental rate at the industry standard, that 30% of income is spent on rent, resident households must have annual earnings of $123,839. Of this typically 5% is saved and the balance is spent. FLS estimates that 75% of this annual spending will be spent locally, primarily for everyday shopping needs at grocery stores, pharmacies, and for personal care (hair and nails and medical needs). In addition, most large purchases for cars and furniture also tend to be spent locally. All told FLS estimates that 75% of resident sending will be made locally. Retail spending is projected at $700 per square foot of retail/commercial space, which could include restaurants and coffee shops. This spending level is typical for retail space in Palm Beach County. The annual total of local spending generated by the Project is $90 million. Table 3. Estimated Local Spending from Residents and Retail Spacer Category Amount Units 898 Rent/Month $3,096 Income of Residents $123,839 Retail sqft 23,594 Spend per Sqft $700 Category Amount Resident Income $111,207,161 Resident Savings $5,560,358 ======== Consumption Spending $105,646,803 Local Spending @ 70% $73,952,762 Retail Spending $16,515,800 ======== Total Annual Spending $90,468,562 975 Economic Impact Analysis Boynton Beach Town Square Apartments Page 7 of 7 As Table 4 shows, the annual spending by the occupants of the 898 apartments and the annual sales at the 23,594 square feet of retail/commercial space will support 340 jobs with $18 million per year in earnings having a value-added of $34 million per year. Table 4. Economic Impact Summary Stabilized Operations of The Project Category Jobs Earnings $M Value Added $M Direct 62 $2 $4 Indirect 10 $1 $1 Induced 268 $16 $30 ======= ======= ======= Total 340 $18 $34 Source: IMPLAN and FLS 976 1 | P a g e FISCAL IMPACT ANALYSIS BOYNTON BEACH TOWN SQUARE APARTMENTS BOYNTON BEACH, FL EXHIBIT 2 June 28, 2024 Prepared for Mr. Zach Alerhand Director of Portfolio Strategy Boynton Beach Town Center Apartments V LLC 55 Fifth Avenue, 15th Floor New York, New York 10003 Fishkind Litigation Services, Inc. 3504 Lake Lynda Drive, Suite 107 Orlando, Florida 32817 407-382-3256 www.Fishkindls.com 977 2 | P a g e ______________________________________________________________________ Fiscal Impact Analysis Boynton Beach Town Square Apartments ______________________________________________________________________ 1.0 Introduction and Summary of Results 1.1 Background Boynton Beach Town Center Apartments V LLC. plans to develop 898 market-rate rental apartments and 23,594 square feet of neighborhood retail space on property in the City of Boynton Beach, FL. The development of Boynton Beach Town Square Apartments ("Project") comprises -/+ 9.67 acres within the 16.5-/+ acres of Town Square, a private/public partnership between the City and private developers, about four blocks off Boynton Beach Boulevard, east of Interstate 95. It stretches from Boynton Beach Boulevard south to Southeast Second Avenue and Seacrest Boulevard, east to Northeast First Street. 1.2 Assignment Boynton Beach Town Center Apartments V LLC. ("Client") retained Fishkind Litigation Services, Inc. ("FLS") to analyze the fiscal impact (the cost and revenue effects) of the proposed change on the City of Boynton Beach. This report focuses on the budgetary impacts of the proposed change on the City. 1.3 Summary of Results The analysis is based on the projected growth of a plan for 898 market rental apartments and 23,594 square feet of neighborhood retail space absorption over two phases. Phase I Phase II Total Apartment Units 465 433 898 Retail Square Feet 6,686 16,908 23,594 Parking Garage Spaces 980 1,034 2,014 Construction Start 2026 2029 Construction Completion 24 months 24-months The Project is within Town Square's geographically targeted economic development area and is eligible for Tax Increment Financing ("TIF") from The Boynton Beach Community Redevelopment Agency ("CRA"). The CRA captures 978 3 | P a g e the increase in property taxes resulting from new development and diverts that revenue to subsidize that development. After completing the gap financing provided by the CRA program in 2043, the Project will produce an annual fiscal surplus of $3.07 million. By 2047, the budgetary impact surplus on the City will be $3.217. Table 2 shows that the operating surplus will be $13.4 million cumulatively by 2047 and grow to $66 million by 2062. By 2062, the present value at 5% interest of the net fiscal impact is estimated at $5.7 million. Table 1 Summary of Fiscal Impacts Boynton Beach Town Square $ in Thousands Net Fiscal Impacts for Selected Years Year Assessed Values Ad Valorem Ad Valorem Transferred to BBCRA Total Operating Revenue Total Operating Expenditure Net Fiscal Impact 2028 198,088$ 1,555$ (1,364)$ 658$ 703$ (45)$ 2032 403,389$ 3,167$ (2,895)$ 1,174$ 1,361$ (187)$ 2037 423,966$ 3,328$ (3,048)$ 1,182$ 1,361$ (179)$ 2042 445,593$ 3,498$ (3,210)$ 1,191$ 1,361$ (171)$ 2047 468,322$ 3,676$ -$ 4,579$ 1,361$ 3,217$ 2052 492,211$ 3,864$ -$ 4,766$ 1,361$ 3,405$ 2057 517,319$ 4,061$ -$ 4,963$ 1,361$ 3,602$ 2062 543,708$ 4,268$ -$ 5,171$ 1,361$ 3,809$ Table 2 Summary of Fiscal Impacts Boynton Beach Town Square $ in Thousands Cumulative Net Fiscal Impacts Year Cumulative Fiscal Impact Interest Rate Years Present Values 2032 (509)$ 5.0%5 (423)$ 2037 (1,422)$ 5.0%10 (786)$ 2042 (2,292)$ 5.0%15 (1,041)$ 2047 13,434$ 5.0%20 1,807$ 2052 30,079$ 5.0%25 3,679$ 2057 47,691$ 5.0%30 4,909$ 2062 66,318$ 5.0%35 5,716$ 979 4 | P a g e 2.0 Methodology 2.1 Overview The Client requested the submission of a fiscal impact report quantifying the costs and revenue impacts on the City's budget from the proposal to construct the mixed- use project consisting of 898 apartments and 23,594 square feet of retail space on the +/- 9.67 acres located in Boynton Beach, Florida. The fiscal impact study is a set of statistical data and information based on new developments in a jurisdiction. Its purpose is to legally justify to the City of Boynton Beach the ability to provide capital improvement, mill levy increases, and impact fees. The Fiscal Impact Analysis encompasses multiple methods to demonstrate that the Project will pay the total costs of all public facilities and services required to support it. The Client has requested a study to support any amendment or change to their subdivision regulations. Fiscal impact analysis connects planning and local economics by estimating the public costs and revenues from land use change. This type of analysis is required to determine the total costs of all public facilities and services needed to support the development and meet the level of service standards adopted by the City of Boynton Beach. To accomplish consistency in the analysis, FLS complies with the guide standards prepared for Sarasota County by AECOM (Architecture, Engineering, Construction, Operations, and Management) to support permitting for the Project. Our study is conducted according to AECOM's 2015 report. AECOM outlines several fiscal impact analysis methodologies, including the per capita approach.1 AECOM notes that the per capita methodology is the most used type of analysis. The per capita approach estimates the cost of providing services per unit. The unit varies depending on how the services are used and can include per person, per employee, and per visitor. Similarly, most City revenues are appropriately estimated per capita, again depending upon the revenues generated. FLS uses all these factors depending on the expenditure or revenue category involved. For example, law enforcement and public safety are provided to all residents, visitors, and employees. FLS measures residents, visitors, and employees on a full-time equivalent ("FTE") basis. However, not all expenditures or revenues are generated by residents, visitors, and employees. State revenue- sharing funds are provided through a population-based formula, so for this revenue item, FLS only uses population. FLS's per capita method application for revenues and expenditures is consistent with AECOM. 1 AECOM (2015), page 2. 980 5 | P a g e FLS uses all categories of revenue and expenditures included in the City of Boynton Beach budget (but not all fund types, as discussed below). The FY2022 actual report to the State includes 61 revenue line items and 59 expenditure categories. Not all revenues and expenditures relate to the fund types included in our analysis. As discussed above, except for ad valorem tax revenues, each revenue and expenditure category is included and analyzed using the modified per capita approach. It is impractical to discuss each category. However, FLS has included our fiscal impact analysis model in Excel with this report to provide a complete and detailed submission of our calculations. Ad valorem revenues are calculated directly based on the development program and product valuation and do not include any estimates for homestead exemptions. All other revenues are estimated via the per capita unit approach, with the unit varying as required. Capital impacts are measured by the formulae for impact fees. The City of Boynton Beach has impact fees for city parks and recreation facilities. In addition, the Project pays impact fees to Palm Beach County. 2.2 Operating Revenues Except for ad valorem revenues, discussed in more detail below, operating revenues were calculated using the modified per capita method based on the City 's actual for FY2022 as reported to the State of Florida, Division of Banking. Consistent with the AECOM parameters, FLS included the following fund types: (a) general fund, (b) special revenue fund, and (c) permanent fund. FLS excluded the following fund types: (a) debt service fund, (b) capital projects fund, (c) enterprise fund, (d) internal service fund, (e) fiduciary funds, and (f) revolving and clearing funds (See Appendix A). The debt service fund relates to prior commitments and is not directly impacted by future growth or the Project. While the Project will contribute to this fund, its impact is negligible. The Project's impact on capital funds is calculated separately, so this fund is excluded to avoid double counting. The enterprise fund is also excluded because enterprise funds are designed to be self-funding. Ad valorem taxes generated by the Project are a function of (a) the development program for the Project, (b) its projected valuation and absorption, and (c) the City's adopted millage rates for general revenue totaling 7.85 mills. Concerning timing, FLS takes a stricter and more conservative approach than AECOM. FLS recognizes a 3-year lag between the time apartment units are permitted and consuming services and the time that property is included in the tax roll and paying ad valorem taxes. 981 6 | P a g e 2.3 Operating Expenses The modified per capita approach correctly calculates operating expenses by fund type. As noted above, the per capita units are carefully tailored to the kind of expenditure. We have included impacts from residents and employees measured on an FTE basis and included FTE visitors who also consume these services. 2.5 Capital Revenues / Expenditures Boynton Beach has city parks and recreation facilities impact fees, which are required for the Project for $534,310. The Developer has agreed to provide (a) 473 public parking spaces and (b) a workforce housing contribution of $34.3 million. 3.0 Development Program The fiscal impact analysis is based exclusively on the projected development o f the Project's apartments and retail space. As per Table 3, the Project is absorbed in two phases with a property value of more than $451.5 million. The development program, absorption, is provided in detail in Table 4. Table 3 Boynton Beach Town Square Property Valuation Category Building Type Target Audience Units Average Property Value Per Unit Average Property Value Per Category Apartments Phase I- South Multi-Family 8 Stories Market Rate Rental 465 492,534$ 229,028,453$ Apartments Phase II- North Multi-Family 8 Stories Market Rate Rental 433 500,000$ 216,500,137 Total Apartments 898 445,528,590$ Category Building Type Target Audience Square Feet Average Property Value Per SF Average Property Value Per Category Retail Phase I -South Neighborhood Retail Local Market 6,686 256$ 1,708,390 Retail Phase II-North Neighborhood Retail Local Market 16,908 255$ 4,305,222 Total Retail 23,594 6,013,612 Total Boynton Beach Town Square 451,542,202$ 982 7 | P a g e 4.0 Fiscal Impact Operating Revenues and Expenses – Tables 5,6,7,8 &9 Using the methodology described in Section 2, the budgetary effects of the Project on the City's operating budget are summarized below in Table 5. The Project in 2028 produces a fiscal deficit of $45,194 net of transfers to Boynton Beach CRA when its value is included in the City's taxable value base determined by the property appraiser. Transfers to the CRA end in 2042, and starting in 2043, the City will incur a net fiscal impact surplus of $3.07 million. By 2047, the net budgetary impact will be $ 3.217 million, and the cumulative net fiscal impact will be nearly $13.4 million. Table 4 Boynton Beach Town Square Development Scenario Real Estate on Tax Roll 2026 2027 2028 2029 2030 2031 Total Apartments Phase I- South - - 465 - - - 465 Apartments Phase II- North - - - - - 433 433 Total Units - - 465 - - 433 898 Retail Phase I -South - - 6,686 - - - 6,686 Retail Phase II-North - - - - - 16,908 16,908 Total Square Feet - - 6,686 - - 16,908 23,594 Permits for Construction 2026 2027 2028 2029 2030 Total Apartments Phase I- South 465 - - - - - 465 Apartments Phase II- North - - - 433 - - 433 Total Units 465 - - 433 - - 898 Retail Phase I -South 6,686 - - - - - 6,686 Retail Phase II-North - - - 16,908 - - 16,908 Total Square Feet 6,686 - - 16,908 - - 23,594 Table 5 Boynton Beach Town Square Fiscal Impact - Operating Revenue and Expenditures Year Assessed Value Ad Valorem Ad Valorem Transferred to BBCRA Total Operating Revenue Total Operating Expenditure Net Fiscal Impact Cumulative Net Fiscal Impact 2028 198,087,580 1,554,988 (1,363,801) 657,949 703,142 (45,194) (45,194) 2032 403,389,083 3,166,604 (2,894,837) 1,174,198 1,361,459 (187,261) (509,330) 2037 423,965,981 3,328,133 (3,048,289) 1,182,275 1,361,459 (179,184) (1,421,565) 2042 445,592,507 3,497,901 (3,209,569) 1,190,763 1,361,459 (170,696) (2,292,190) 2047 468,322,203 3,676,329 - 4,578,760 1,361,459 3,217,301 13,433,910 2052 492,211,342 3,863,859 - 4,766,290 1,361,459 3,404,831 30,079,274 2057 517,319,067 4,060,955 - 4,963,385 1,361,459 3,601,927 47,690,794 2062 543,707,539 4,268,104 - 5,170,535 1,361,459 3,809,076 66,317,754 983 8 | P a g e Table 6 displays the increase in taxable value generated by the Project, which is presented from 2028 and at 5-year intervals from 2032 to 2062. The taxable value rises from almost $198 million in 2028 to more than $543.7 million by 2062. Table 7, shown below, presents the critical assumptions employed in calculating the taxable values shown previously and the factors impacting budgetary revenues and expenditures. The fiscal projects are in 2024 dollars and assume inflation at zero. . Using Census On-the-Map data indicates that 3,682 City residents also work there. Since we include all employees, FLS uses a weighted resident -employees factor of 0.7626 to avoid double counting. Non -working residents have a weighted average of 1.0 FTE. Seasonal residents are at 0.3462, reflecting seasonal demands on County services. Persons per household and total households are from Florida Population Studies. The estimate for persons per household in multifamily apartments is 2.44. . The estimated number of jobs the Project will generate is 61 for the retail and 6 for the apartments. Based on the assumption in Table 7, the job estimate uses the Institute of Transportation Engineers data . The annual growth of nonresidential property values is assumed to be one percent, and the annual growth rate of residential property values is considered one percent. Property valuations are equal to the cost of the property. Table 6 Boynton Beach Town Square Taxable Property Values 2028 2032 2037 2042 2047 2052 2057 2062 Residential Apartments Phase I- South 196,620,927 204,604,525 215,041,412 226,010,686 237,539,502 249,656,404 262,391,390 275,775,988 Apartments Phase II- North - 193,412,246 203,278,215 213,647,447 224,545,614 235,999,697 248,038,053 260,690,487 Total Taxable Value -Residential 196,620,927 398,016,772 418,319,627 439,658,132 462,085,116 485,656,101 510,429,443 536,466,474 Retail Retail Phase I -South 1,466,652 1,526,204 1,604,056 1,685,879 1,771,876 1,862,259 1,957,253 2,057,093 Retail Phase II-North - 3,846,107 4,042,297 4,248,495 4,465,211 4,692,982 4,932,371 5,183,972 Total Taxable Value -Retail 1,466,652 5,372,312 5,646,354 5,934,374 6,237,087 6,555,241 6,889,624 7,241,065 Total Taxable Value 198,087,580 403,389,083 423,965,981 445,592,507 468,322,203 492,211,342 517,319,067 543,707,539 Years 1 5 10 15 20 25 30 35 984 9 | P a g e Table 7 Boynton Beach Town Square Fiscal Impact Assumptions Real Estate Taxes Taxable values are shown in the year following Construction Completion Taxable Assessment Ratio 85% Homestead Exemption $0 Taxable Assessment Millage Gerneral Revenue 7.8500 Mills Total 7.8500 Mills Population & Employment Equivalent Full-Time Full-Time Amount Factor Equivalent Equivalent Population-Working Residents 34,386 76.26%26,221 34% Population-Non-Working Residents 47,822 100.00%47,822 62% Population- Seasonal 7,914 34.62%2,739 4% Total Population (peak season)90,122 76,783 100% Population (total)82,208 Employment (total)29,627 12.40%3,674 Persons per Household - Multifamily 2.44 Total Households 32,360 Total Housing Units 36,220 Avg Length of Stay-Seasonal (in weeks)18 Employment Assumptions Project Neighborhood Retail 61 (1 employee per 383 SF of Retail) Apartments 6 (60% employee per 100 Apartments) Property Valuation Properties Average Value Apartments Phase I- South $492,534 Per Unit Apartments Phase II- North $500,000 Per Unit Retail Phase I -South $256 Per SF Retail Phase II-North $255 Per SF Annual growth rate of Residential Property Value 1%Starting 2028 Annual growth rate of Non-Residential Property Value 1%Starting 2028 985 10 | P a g e Table 8 summarizes the results of the fiscal analysis for the City's operating budget. The summary analysis covers 2028 to 2031 and 5-year intervals from 2032 to 2062. Table 8 Boynton Beach Town Square Development Impact Summary 2028 2029 2030 2031 2032 2037 2042 2047 2052 2057 2062 Residential Units 465 465 465 898 898 898 898 898 898 898 898 Resident Households 366 366 366 706 706 706 706 706 706 706 706 Population Peak Population 702 702 702 1,356 1,356 1,356 1,356 1,356 1,356 1,356 1,356 Resident Population 605 605 605 1,168 1,168 1,168 1,168 1,168 1,168 1,168 1,168 Seasonal Population 98 98 98 188 188 188 188 188 188 188 188 Employment Retail 17 17 17 61 61 61 61 61 61 61 61 Residential 3 3 3 6 6 6 6 6 6 6 6 Total Employees 20 20 20 67 67 67 67 67 67 67 67 Full-Time Equivalent Residents 545 545 545 1,052 1,052 1,052 1,052 1,052 1,052 1,052 1,052 Full-Time Equivalent Employee 2 2 2 8 8 8 8 8 8 8 8 Full-Time Equivalent Visitors 2028 2029 2030 2031 2032 2037 2042 2047 2052 2057 2062 Boynton Beach Total Operating Revenues 657,949 658,726 659,511 1,172,630 1,174,198 1,182,275 1,190,763 4,578,760 4,766,290 4,963,385 5,170,535 Total Operating Expenditures 703,142 703,142 703,142 1,361,459 1,361,459 1,361,459 1,361,459 1,361,459 1,361,459 1,361,459 1,361,459 Net Fiscal Impact (45,194) (44,416) (43,631) (188,828) (187,261) (179,184) (170,696) 3,217,301 3,404,831 3,601,927 3,809,076 Years 1 2 3 4 5 10 15 20 25 30 35 2032 2037 2042 2047 2052 5 Years 10 Years 15 Years 20 Years 25 Years Net Present Value of Operating Impact (423,092) (785,985) (1,040,944) 1,807,116 3,678,938 Operating Impact at 5% Interest 2026 2029 Total Total Impact Fee Capital Revenue 276,675 257,635 534,310 986 11 | P a g e Fiscal Impact Detail Operating Revenue and Expenditures (Table 9) is from 2028 and at 5-year intervals from 2032 to 2062 Table 9 Boynton Beach Town Square Fiscal Impact Detail Operating Revenue and Expenses 2028 2032 2037 2042 2047 2052 2057 2062 REVENUES Ad Valorem Taxes 1,554,988 3,166,604 3,328,133 3,497,901 3,676,329 3,863,859 4,060,955 4,268,104 Ad Valorem Transferred to BBCRA (1,363,801) (2,894,837) (3,048,289) (3,209,569) Local Business Tax (Formerly Local Occupational License Tax - 321.000) 9,388 18,130 18,130 18,130 18,130 18,130 18,130 18,130 Building Permits (Building Permit Fees) 29,102 56,202 56,202 56,202 56,202 56,202 56,202 56,202 Franchise Fee -Electricity 32,204 62,191 62,191 62,191 62,191 62,191 62,191 62,191 Franchise Fee -Gas 131 254 254 254 254 254 254 254 Impact Fees Residential Culture - Culture/Recreation 647 1,249 1,249 1,249 1,249 1,249 1,249 1,249 Special Assessments Charges For Public -Charges For Public Services 31,777 61,571 61,571 61,571 61,571 61,571 61,571 61,571 Other Permits Fees And Special -Other Permits, Fees And Special Assessments 3,457 6,677 6,677 6,677 6,677 6,677 6,677 6,677 Federal Grant General -General Government 24,901 48,089 48,089 48,089 48,089 48,089 48,089 48,089 Federal Grant Water Supply -Water Supply System 900 1,739 1,739 1,739 1,739 1,739 1,739 1,739 Federal Grant Electric Supply -Electric Supply System 151 292 292 292 292 292 292 292 Federal Grant Gas Supply -Gas Supply System 3,872 7,478 7,478 7,478 7,478 7,478 7,478 7,478 Other Federal -Other Federal Grants 563 1,086 1,086 1,086 1,086 1,086 1,086 1,086 Other Financial Assistance Federal -Federal Source - - - - - - - - State Grant General -General Government 52 100 100 100 100 100 100 100 State Grant Public -Public Safety 688 1,328 1,328 1,328 1,328 1,328 1,328 1,328 State Grant Economic -Economic Environment 436 843 843 843 843 843 843 843 State Grant Culture -Culture/Recreation 220 426 426 426 426 426 426 426 State Revenue Sharing Mobile Home -Mobile Home Licenses 275 532 532 532 532 532 532 532 State Revenue Sharing Alcoholic Beverage - Alcoholic Beverage Licenses 245 474 474 474 474 474 474 474 State Revenue Sharing Local Government Half Cent Sales Tax -Local Government Half-Cent Sales Tax Program 36,594 70,906 70,906 70,906 70,906 70,906 70,906 70,906 State Revenue Sharing Other General -Other General Government 304 589 589 589 589 589 589 589 State Revenue Sharing Other Public -Other Public Safety 373 723 723 723 723 723 723 723 State Revenue Sharing -Other 9,254 17,931 17,931 17,931 17,931 17,931 17,931 17,931 Local Government Unit Grant Public -Public Safety 267 516 516 516 516 516 516 516 Local Government Unit Grant Physical -Physical Environment 447 864 864 864 864 864 864 864 Shared Revenue From Other Local -Shared Revenue From Other Local Units 1,226 2,375 2,375 2,375 2,375 2,375 2,375 2,375 Payments From Other Local Units In Lieu Of - Payments From Other Local Units In Lieu Of Taxes 850 1,648 1,648 1,648 1,648 1,648 1,648 1,648 Other General Government Charges And -Other General Government Charges And Fees 4,366 8,460 8,460 8,460 8,460 8,460 8,460 8,460 Service Charge Law Enforcement -Law Enforcement Services 5,917 11,464 11,464 11,464 11,464 11,464 11,464 11,464 Service Charge Fire -Fire Protection 18,694 36,222 36,222 36,222 36,222 36,222 36,222 36,222 Service Charge Housing For -Housing For Prisoners 19,399 37,587 37,587 37,587 37,587 37,587 37,587 37,587 Service Charge Emergency Management Service Fees -Emergency Management Service Fees/Charges 13 25 25 25 25 25 25 25 Service Charge Protective Inspection -Protective Inspection Fees 216 418 418 418 418 418 418 418 Service Charge Water -Water Utility - - - - - - - - Service Charge -Cemetery 428 829 829 829 829 829 829 829 Service Charge Other Physical Environment -Other Physical Environment Charges 62 120 120 120 120 120 120 120 Service Charge Parks And -Parks And Recreation 14,852 28,777 28,777 28,777 28,777 28,777 28,777 28,777 Fines Local Ordinance -Local Ordinance Violation 2,057 3,986 3,986 3,986 3,986 3,986 3,986 3,986 Other Judgments Fines And -Other Judgments, Fines And Forfeits - - - - - - - - -Interest 12,897 24,989 24,989 24,989 24,989 24,989 24,989 24,989 Gain Or Loss On Sale Of -Gain Or Loss On Sale Of Investments 1,614 3,116 3,116 3,116 3,116 3,116 3,116 3,116 Rents And -Rents And Royalties - - - - - - - - Disposition Of Fixed -Disposition Of Fixed Assets 4,294 8,293 8,293 8,293 8,293 8,293 8,293 8,293 Pension Fund -Pension Fund Contributions 1,405 2,714 2,714 2,714 2,714 2,714 2,714 2,714 Inter Fund Group Transfers -Inter-Fund Group Transfers In 21,215 40,970 40,970 40,970 40,970 40,970 40,970 40,970 Installment Purchases And Capital Lease - Installment Purchases And Capital Lease Proceeds 132,917 256,687 256,687 256,687 256,687 256,687 256,687 256,687 Debt -Debt Proceeds - - - - - - - - Proprietary Capital Contributions From Private - Capital Contributions From Private Source 38,092 73,562 73,562 73,562 73,562 73,562 73,562 73,562 Total Revenues 657,949 1,174,198 1,182,275 1,190,763 4,578,760 4,766,290 4,963,385 5,170,535 987 12 | P a g e Table 9 Continued Boynton Beach Town Square Fiscal Impact Detail Operating Revenue and Expenses 2,028 2,032 2,037 2,042 2,047 2,052 2,057 2,062 EXPENDITURES & NET FISCAL IMPACT Legislative 1,115 2,160 2,160 2,160 2,160 2,160 2,160 2,160 Executive 375 727 727 727 727 727 727 727 Executive 15,450 29,935 29,935 29,935 29,935 29,935 29,935 29,935 Executive 14,956 28,979 28,979 28,979 28,979 28,979 28,979 28,979 Financial And Administrative 20,257 39,251 39,251 39,251 39,251 39,251 39,251 39,251 Financial And Administrative 17,080 33,095 33,095 33,095 33,095 33,095 33,095 33,095 Financial And Administrative 8,070 15,637 15,637 15,637 15,637 15,637 15,637 15,637 Legal Counsel 10 20 20 20 20 20 20 20 Legal Counsel 664 1,286 1,286 1,286 1,286 1,286 1,286 1,286 Comprehensive Planning 2,406 4,661 4,661 4,661 4,661 4,661 4,661 4,661 Comprehensive Planning 3,264 6,324 6,324 6,324 6,324 6,324 6,324 6,324 Comprehensive Planning 668 1,294 1,294 1,294 1,294 1,294 1,294 1,294 Debt Service Payments 55 106 106 106 106 106 106 106 Other General Governmental Services 5,093 9,868 9,868 9,868 9,868 9,868 9,868 9,868 Other General Governmental Services 25,970 50,321 50,321 50,321 50,321 50,321 50,321 50,321 Other General Governmental Services 29,727 57,599 57,599 57,599 57,599 57,599 57,599 57,599 Law Enforcement 154,357 299,085 299,085 299,085 299,085 299,085 299,085 299,085 Law Enforcement 31,844 61,701 61,701 61,701 61,701 61,701 61,701 61,701 Law Enforcement 922 1,786 1,786 1,786 1,786 1,786 1,786 1,786 Fire Control 3,166 6,135 6,135 6,135 6,135 6,135 6,135 6,135 Fire Control 119,851 232,225 232,225 232,225 232,225 232,225 232,225 232,225 Fire Control 12,996 25,180 25,180 25,180 25,180 25,180 25,180 25,180 Protective Inspections 168 326 326 326 326 326 326 326 Protective Inspections 15,456 29,947 29,947 29,947 29,947 29,947 29,947 29,947 Protective Inspections 3,567 6,912 6,912 6,912 6,912 6,912 6,912 6,912 Protective Inspections 147 285 285 285 285 285 285 285 Garbage/Solid Waste Control Services 1,489 2,885 2,885 2,885 2,885 2,885 2,885 2,885 Other Physical Environment 641 1,243 1,243 1,243 1,243 1,243 1,243 1,243 Road And Street Facilities 927 1,795 1,795 1,795 1,795 1,795 1,795 1,795 Road And Street Facilities 1,869 3,622 3,622 3,622 3,622 3,622 3,622 3,622 Road And Street Facilities 4,516 8,750 8,750 8,750 8,750 8,750 8,750 8,750 Industry Development 11 22 22 22 22 22 22 22 Housing And Urban Development 2,598 5,016 5,016 5,016 5,016 5,016 5,016 5,016 Housing And Urban Development 1,959 3,784 3,784 3,784 3,784 3,784 3,784 3,784 Other Economic Environment 22 43 43 43 43 43 43 43 Other Economic Environment 3,669 7,085 7,085 7,085 7,085 7,085 7,085 7,085 Libraries 6,283 12,134 12,134 12,134 12,134 12,134 12,134 12,134 Libraries 13,109 25,400 25,400 25,400 25,400 25,400 25,400 25,400 Libraries 2,470 4,785 4,785 4,785 4,785 4,785 4,785 4,785 Parks And Recreation 504 977 977 977 977 977 977 977 Parks And Recreation 20,209 39,156 39,156 39,156 39,156 39,156 39,156 39,156 Parks And Recreation 17,502 33,912 33,912 33,912 33,912 33,912 33,912 33,912 Parks And Recreation 2,126 4,119 4,119 4,119 4,119 4,119 4,119 4,119 Other Culture/Recreation 613 1,187 1,187 1,187 1,187 1,187 1,187 1,187 Other Culture/Recreation 252 489 489 489 489 489 489 489 Interfund Group Transfers Out 169 327 327 327 327 327 327 327 Other Non-Operating Disbursements 134,571 259,882 259,882 259,882 259,882 259,882 259,882 259,882 Total Expenditures 703,142 1,361,459 1,361,459 1,361,459 1,361,459 1,361,459 1,361,459 1,361,459 Net Fiscal Impact (45,194) (187,261) (179,184) (170,696) 3,217,301 3,404,831 3,601,927 3,809,076 Cumulative Net Fiscal Impact (45,194) (509,330) (1,421,565) (2,292,190) 13,433,910 30,079,274 47,690,794 66,317,754 988 13 | P a g e 5.0 Fiscal Impact Capital Revenues and Capital Expenses – Tables 10 The Project will incur $534,310 for Boynton Beach city parks and recreation facilities that impact fee requirements. In addition, the Developer has agreed to provide (a) 473 public parking spaces at an estimated value of $63,045/space for a total of $29.82 million and (b) $4.484 million in workforce housing contribution. The total Developer's contribution will be $34.305 million. Table 10 Boynton Beach Town Square Fiscal Impact - Capital Revenue 2026 2027 2028 2029 2030 Total Capital Revenues City Parks and Recreation Facilities Impact fees 276,675$ -$ -$ 257,635$ -$ 534,310$ Total Capital Revenue 276,675$ -$ -$ 257,635$ -$ 534,310$ Number of Parking Space Cost /Parking Space 2026 2027 2028 2029 2030 Total Public Parking Spaces Public Parking Spaces Phase 1 South Building 224 63,045$ 14,122,114$ 14,122,114$ Public Parking Spaces Phase 2 North Building 249 63,045$ 15,698,243 15,698,243 Subtotal ..-$ -$ 14,122,114$ -$ 15,698,243$ 29,820,357$ Work Force Housing Work Force Housing Phase I South Buiding 2,242,360$ 2,242,360$ Work Force Housing Phase II North Buiding 2,242,360 2,242,360 Subtotal -$ -$ 2,242,360$ -$ 2,242,360$ 4,484,720$ Total Developer's Contribution 473 -$ -$ 30,486,588$ -$ 33,638,846$ 34,305,077$ DEVELOPER'S CONTRIBUTION 989 14 | P a g e IMPORTANT NOTICE CONCERNING "FISCAL IMPACT ANALYSIS REPORT" 1. Fiscal Impact Analysis Report ("FIAR") Certain portions of the FIAR have various sections of the analysis that contain forecasted financial performance based upon several current and projected market conditions. These conditions are subject to numerous risks and uncertainties that cannot be det ermined now. Each section of the FIAR contains forecasted data. While presented with numerical specificity, projected information of the type furnished above is based on estimates and assumptions that are inherently subject to significant economic and competitive uncertainties and contingencies, which are difficult to predict , many of which are beyond the FLS's control. Accordingly, there can be no assurance that such estimates and assumptions will be accurate, and the actual results may be significantly higher or lower than those set forth. 2. Actual Results May Differ from FIAR Due to various risks and uncertainties, actual results may differ from those projected in the FIAR. Accordingly, the FIAR is meant only to serve as a guide and is not intended to be relied upon as to the reasonableness of the underlying facts or assumptions. This FIAR does not contain and is not to be construed as legal, business, investment, or tax advice. 3. The Fishkind Litigation Services Inc. (FLS) Has No Duty to Update FIAR The FIAR is current only as of June 2024. Following the delivery of this report, FLS expectations of results may change. FLS may come to believe that the FIAR is no longer accurate. FLS shall not have any obligation to update any corrections or revisions to the FIAR contained herein, even if the FLS believes the forward-looking analysis is no longer accurate. FLS does not intend to update or otherwise revise the FIAR to reflect circumstances existing after the date when made or to reflect the occurrence of future events, even if any or all the assumptions underlying the projections are shown to be in error. FLS assumes no responsibility for the accuracy or validity of the FIAR. 990 15 | P a g e Appendix A Fund Groups and Fund Types Category Fund Group Fund Types Title Description Governmental 001 001 General Fund To account for all financial resources not accounted for and reported in another fund. 050 051-099 Permanent Funds To account for resources restricted to the extent that only earnings, and not principal, may be used for purposes that support the reporting government 's programs – that is, for the benefit of the government or its citizens. 100 101-199 Special Revenue Funds To account for the proceeds of specific revenue sources restricted or committed to expenditure for purposes other than debt service or capital projects. 200 201-299 Debt Service Funds To account for financial resources that are restricted, committed, or assigned to expenditure for principal and interest. 300 301-399 Capital Projects Funds To account for financial resources that are restricted, committed, or assigned to expenditure for capital outlays. Proprietary 400 401-499 Enterprise Funds To account for operations (a) that are financed and operated like private business enterprises--where the governing body intends that the costs (expenses, including depreciation) of providing goods or services to the general public continue to be financed or recovered primarily through user charges; or (b) where the governing body has decided that periodic determination of revenues earned, expenses incurred and net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes. 991 16 | P a g e Category Fund Group Fund Types Title Description Proprietary 500 501-599 Internal Service Funds To account for the financing of goods or services provided by one department or agency to other departments or agencies of the governmental unit or other governmental units on a cost- cost-reimbursement basis. Fiduciary 600 601-649 Custodial Funds To account for assets held by a government in a purely custodial capacity. 650 651-699 Pension Trust Funds To account for assets of defined pension plans, defined contribution plans, other post-employment benefit plans, other employee benefit plans, or other employee benefit plans held by a government in a trustee capacity. 700 701-749 Investment Trust Funds To account for the external portion of investment pools (including individual investment accounts) reported by the sponsoring government. 750 751-799 Private Purpose Trust Funds To account for trust arrangements, including escheat property, where principal and income benefit individuals, private organizations, or other governments. Revolving & Clearing 800 801-899 Revolving Funds / Clearing Funds These accounts are set up to receive and disburse monies for other funds. They are not actual funds in the sense of being an accounting entity and would not appear separately in the financial statements. Any assets or liabilities remaining in a clearing account at the balance sheet date will be reported on the fund's financial statements serviced by the clearing fund (general, particular revenue, etc.). 992 PREPARED BY Hank Fishkind Multi-Family Submarket Report Boynton Beach Palm Beach - FL USA EXHIBIT 3 993 MULTI-FAMILY SUBMARKET REPORT Submarket Key Statistics 1 Vacancy 3 Rent 6 Construction 8 Sales 11 Sales Past 12 Months 13 Supply & Demand Trends 15 Vacancy & Rent 17 Sale Trends 19 Deliveries & Under Construction 21 Boynton Beach Multi-Family 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 994 Overview Boynton Beach Multi-Family 180 322 6.4%0.4% 12 Mo Delivered Units 12 Mo Absorption Units Vacancy Rate 12 Mo Asking Rent Growth Boynton Beach is located between Delray Beach to the South and West Palm Beach to the North and is home to the City of Boynton Beach. The submarket has a minor office presence that caters to healthcare, education, and financial services companies. Moreover, US 1 and I 95 to the east and South Military Trail to the west provide access to greater South Florida. Congress Avenue, which runs along the City's center, has a concentration of restaurants and retail stores, including the Boynton Beach Mall and Boynton Town Center. This attractive location, providing proximity to various beaches along its eastern edge, is relatively affordable for renters as the submarket has the sixth lowest asking rents out of all Palm Beach submarkets at $2,220 as of the second quarter of 2024. Boynton Beach is one of the more sizable submarkets in Palm Beach as it houses more than 14,500 multifamily units, making it the third largest apartment submarket in the market. Over 27% of existing multifamily units have been delivered since 2015, while about 50% of inventory was built before 2000. This is more or less in line with the norm for Palm Beach, with just over 27% of inventory built since 2015 and more than 50% built before 2000. Despite slowing from levels seen in the preceding three years, annual net absorption has remained positive with 320 units absorbed. Despite this, demand has trailed supply additions since 2022, resulting in an uptick in vacancy for the submarket, now standing at 6.4%, an expansion from recent lows of 3.8% in 2021. Increased competition due to new deliveries has resulted in a moderation in annual rent growth to 0.5%, down from double-digit rent growth seen in 2021. The bulk of new product in the market, which has delivered since 2015, has been composed of 4 & 5 Star units. This increased competition has resulted in higher vacancies for 3 to 5 Star product, with 4 & 5 Star vacancies reaching 6.3% and 3 Star vacancies at 6.9%in the second quarter of 2024 relative to 6.2% for 1 & 2 Star properties. The lack of existing affordable product within the 1 to 3 Star segments, combined with a lack of new supply for this portion of the market, has resulted in rent growth outperformance for 1 to 3 Star product in recent months. Sales volume peaked in 2021 but has since slowed, with annual volume totaling just $50.5 million, in line with pre- pandemic levels. One transaction drove most activity since 2023; this involved the sale of the Manor Lantana for around $138 million, or over $396k/unit. The Praedium Group acquired the 4-Star, 348-unit building from Rockpoint in June of last year. The property, which was recently delivered in 2021, traded at a premium relative to 4 & 5 Star transactions over the last two years, with an average transaction price of around $360k/unit. All other transactions in the submarket have been much smaller, trading for less than $5 million. 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 2 995 Overview Boynton Beach Multi-Family KEY INDICATORS Asking RentVacancy RateUnitsCurrent Quarter Effective Rent Absorption Units Delivered Units Under Constr Units $2,3916.3%8,5964 & 5 Star $2,376 (13)0 0 $2,0636.9%3,4433 Star $2,053 (18)0 384 $1,2706.2%2,5751 & 2 Star $1,263 (5)0 0 $2,2176.4%14,614Submarket $2,204 (36)0 384 Forecast Average Historical Average12 MonthAnnual Trends Peak When Trough When 7.8%7.4%-1.1%Vacancy Change (YOY)12.6%2002 Q1 3.8%2021 Q3 126289322Absorption Units 1,292 2021 Q2 (279)2016 Q1 184314180Delivered Units 1,167 2018 Q3 0 2016 Q3 1650Demolished Units 49 2009 Q3 0 2024 Q1 3.3%3.2%0.4%Asking Rent Growth (YOY)26.8%2021 Q4 -2.8%2008 Q3 3.2%3.2%0.5%Effective Rent Growth (YOY)29.6%2021 Q4 -2.8%2009 Q2 N/A$130.2M$165MSales Volume $968.9M 2021 Q4 $2.5M 2009 Q2 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 3 996 Vacancy Boynton Beach Multi-Family Demand has slowed from elevated levels seen in 2020 and 2021, as household formation has slowed along with job gains. Net absorption in 2022 and 2023 remained at around one-third of the levels seen in the prior two years despite additions to supply. Annual absorption totals 320 units, remaining below five-year average annual absorption of 490 units. Positive, yet below-average demand has not been enough to stem a rise in vacancies, which have expanded to 6.4% in the second quarter of 2024 from lows of 3.8% in 2021. Despite this softening in the market, vacancies are expected to remain in line with current levels over the foreseeable future as positive net absorption meets more limited supply additions through 2024. Still, a rise in new inventory by year-end will put pressure on vacancies once again. The concentration of new supply in the 4 & 5 segment of the market will continue to put pressure on vacancies and rent gains here. With 384 units under construction and most expected to deliver in late 2024, the submarket is facing some supply pressure, though this is down from levels seen in 2020. Supply additions will impact 3 Star and 4 & 5 Star properties, with vacancies for these slices of the submarket standing at over 7% through the near-term forecast. More affordable product within the 1 & 2 Star segment will continue to see limited availability, with vacancies remaining below 7% through 2026. Despite a slight weakening in near-term fundamentals, Boynton Beach remains an attractive location that is relatively affordable for renters. The recent development of retail properties near Lantana in the northern area of the submarket helped drive further renter demand, specifically for the high concentration of multifamily assets built in the area over the last couple of years. The evolution of neighborhoods East of I 95, which hold the largest share of existing and newly built apartments since 2015, will remain essential for the continued performance of the submarket. ABSORPTION, NET DELIVERIES & VACANCY 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 4 997 Vacancy Boynton Beach Multi-Family OVERALL & STABILIZED VACANCY VACANCY RATE 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 5 998 Vacancy Boynton Beach Multi-Family VACANCY BY BEDROOM 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 6 999 Rent Boynton Beach Multi-Family More than a year of unprecedented double-digit rent hikes is now in the rearview mirror. Now rents are growing by 0.5% as of the second quarter of 2024, coming in under the 5-year historical average growth of 6.6%. 4 & 5 Star properties have led these unprecedented rent gains, outperforming 1 & 2 and 3 Star units in 2021 and early 2022. That said, over the last few quarters, 1 Star rent growth has pushed ahead once again, with annual gains of 2.4%. On the other hand, muted gains continue for 3 Star and 4 & 5 Star properties at -1.1% and respectively through the second quarter of 2024. Although real income gains saw a recovery starting in 2021, Palm Beach's median household income remains somewhat below the U.S. median. The fast rent hike over the last few years, outstripping U.S. average gains in 2022, combined with an increasingly limited supply of affordable product, place significant strains on the bulk of multifamily renters in the market. Palm Beach's elevated job concentration in the leisure and hospitality and trade, transportation, and utilities industries will further cement a broadening divergence between wages and rental rates. In the near-term forecast, employment growth within the recovering leisure and hospitality sector will put additional limits on rent gains, with workforce housing continuing to outperform. Furthermore, concessions have begun to increase in the general Palm Beach market as mounting deliveries are impacting 4—and 5-star apartment vacancies. A moderating economic environment, especially within the higher-income finance and information industries, will put additional strains on luxury demand and rental growth. That said, still-elevated home prices and mortgage interest rates will curtail homeownership even for higher wage earners, allowing the market to preserve a higher share of renters across all apartment quality segments. DAILY ASKING RENT PER SF 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 7 1000 Rent Boynton Beach Multi-Family MARKET RENT PER UNIT & RENT GROWTH MARKET RENT PER UNIT BY BEDROOM 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 8 1001 Construction Boynton Beach Multi-Family Groundbreakings remained elevated in 2023, totaling over 380 units, after over 470 units broke ground in 2022. Units underway total 384, the bulk of which are expected to be delivered by late 2024. Despite some supply pressure in the near term, Boynton Beach has seen limited construction activity relative to West Palm Beach proper and the surrounding submarket of Royal Palm Beach/Wellington. As a share of in-place inventory, construction activity makes up 2.6% of units, with all units being added composed of 3 Star and 4 & 5 Star luxury units. Over 80% of newly constructed units and units underway in the submarket since 2015 are concentrated in the Outer Boynton Beach neighborhood. Most new projects have been concentrated near major transit corridors, including I-95 and US 1. Stabilized vacancies for 4 & 5-star assets within the submarket remain tight at around 6%, while properties that have been delivered since 2020 have a higher vacancy rate of around 10%. The elevated vacancy rate for new deliveries in the submarket is driven by the high vacancy of Avion Riverwalk, which recently delivered and remains in lease-up along with soft occupancy at Manor Lantana. The largest project underway in Boynton Beach is the Elan Palm Reserve, with 384 units. Healthy job growth will aid new household formation and wage gains over the near-term forecast, resulting in steady housing demand. Furthermore, homeownership has been affected by increasing insurance premiums, elevated maintenance costs in older condo buildings, and a pandemic-driven rise in home prices, making renting more affordable. The short supply of new and existing single-family housing across South Florida, combined with high mortgage interest rates, puts additional pressure on home affordability, pushing some housing demand into the multifamily space. DELIVERIES & DEMOLITIONS 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 9 1002 Construction Boynton Beach Multi-Family 308 672 384 371 All-Time Annual Avg. Units Delivered Units Past 8 Qtrs Delivered Units Next 8 Qtrs Proposed Units Next 8 Qtrs PAST 8 QUARTERS DELIVERIES, UNDER CONSTRUCTION, & PROPOSED PAST & FUTURE DELIVERIES IN UNITS 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 10 1003 Construction Boynton Beach Multi-Family RECENT DELIVERIES Property Name/Address Rating Units Stories Start Complete Developer/Owner Jan 2022137 NE 10th Ave The Heart of Boynton Vil…124 4 Feb 2024 - Centennial Management Corpora…1 Jan 2022630 E Woolbright Rd Avion Riverwalk 319 10 May 2023 - Isram Realty & Management Inc.2 Jul 20223031 S Ocean The Palm Beach Resort 29 2 Dec 2022 - Copperline Partners3 Mar 2021101 S East Coast St The Bohemian 200 7 Aug 2022 Affiliated Development Affiliated Development4 UNDER CONSTRUCTION Property Name/Address Rating Units Stories Start Complete Developer/Owner Mar 20234350 Peregrine Way Elan Palm Reserve 384 3 Jul 2024 Kushner Companies Greystar Real Estate Partners1 PROPOSED Property Name/Address Rating Units Stories Start Complete Developer/Owner Jul 2024114-222 N Federal Hwy Ocean One 371 8 Jun 2026 Hyperion Development Group Inc. -1 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 11 1004 Sales Boynton Beach Multi-Family Sales volume peaked in 2021 but has since slowed, with annual volume totaling just $50.5 million, in line with pre- pandemic levels. Since 2021, strong tenant demand resulting in significant rent gains has attracted outsized investor interest in Boynton Beach. Double-digit pricing gains in 2021 and further gains in 2022 have highlighted investor appetite for apartments in the area, though higher interest rates pressuring cap rates higher are now slowing pricing gains and transaction activity. One transaction drove most activity in 2023; this involved the sale of the Manor Lantana for around $138 million, or over $396k/unit. The Praedium Group acquired the 4- Star, 348-unit building from Rockpoint in June. The property, which recently delivered in 2021, traded at a premium relative to 4 & 5 Star transactions over the last two years, with an average transaction price of around $360k/unit. All other transactions in the submarket have been much smaller, trading for less than $3 million. Boynton Beach multifamily typically trades at a discount, around 20% below the Palm Beach market average as of the second quarter of 2024. Since 2020, transaction pricing growth in Boynton Beach has slightly underperformed the broader Palm Beach market, growing by around 39% versus 40% over the same time period. The average annual transaction price per unit has grown to around $250,000/unit today. Headwinds to occupancy, resulting in slower rent gains over the last few months, should result in a moderation in pricing appreciation in the near future. Due to the changing composition of the submarket's inventory, with around 60% of existing inventory now composed of 4 & 5 Star units up from around 40% back in 2010, most transaction volume has recently been concentrated in 4 & 5 Star assets. Going forward, tight financial conditions will continue to result in slower transaction activity relative to the boom in 2021 and 2022. Additionally, pricing growth will remain muted as softening fundamentals and higher cap rates continue to impact property values. SALES VOLUME & MARKET SALE PRICE PER UNIT 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 12 1005 Sales Boynton Beach Multi-Family MARKET CAP RATE 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 13 1006 Sales Past 12 Months Boynton Beach Multi-Family 17 $336 $10.3 14.1% Sale Comparables Avg. Price/Unit (thous.)Average Price (mil.) Average Vacancy at Sale SALE COMPARABLE LOCATIONS SALE COMPARABLES SUMMARY STATISTICS Sales Attributes Low Average Median High Sale Price $1,010,000 $10,299,025 $1,752,500 $138,000,000 Price/Unit $91,818 $335,609 $203,750 $396,551 Cap Rate 4.0%6.3%6.4%9.0% Vacancy Rate At Sale 0%14.1%7.7%100% Time Since Sale in Months 0.2 6.4 5.8 12.0 Property Attributes Low Average Median High Property Size in Units 5 29 9 348 Number of Floors 1 1 2 3 Average Unit SF 328 637 622 1,164 Year Built 1924 1959 1964 2021 Star Rating 2.2 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 14 1007 Sales Past 12 Months Boynton Beach Multi-Family RECENT SIGNIFICANT SALES Sale InformationProperty Information RatingProperty Name/Address Yr Built Units Vacancy Sale Date Price Price/Unit Price/SF 900 Water Tower Way -2021Manor Lantana1 348 16.4%6/15/2023 $138,000,000 $396,551 $575 -1974202 Lucerne Ave2 13 7.7%8/10/2023 $2,850,000 $219,230 $306 -1979400 Waterway Dr3 18 0%5/10/2024 $2,775,000 $154,166 $110 -1967901 N F St4 16 6.3%8/15/2023 $2,400,000 $150,000 $230 -19721850 Palm Trl5 8 0%12/20/2023 $2,375,000 $296,875 $373 -1965828 Lake Ave N6 7 0%2/1/2024 $2,362,500 $337,500 $349 -1947223-231 S Palmway7 9 11.1%4/15/2024 $2,330,000 $258,888 $321 -19641741 4th Ave N8 10 10.0%6/7/2024 $1,975,000 $197,500 $230 1025-1029 S K St -1965South K Street Apartments9 10 10.0%6/22/2023 $1,530,000 $153,000 $278 -19581001 S Federal Hwy10 8 12.5%2/26/2024 $1,300,000 $162,500 $295 -1924131 S Federal Hwy11 5 100%8/11/2023 $1,270,000 $254,000 $408 -1925301 S M St12 5 0%9/6/2023 $1,256,898 $251,379 $387 -1957320 NE 13th Ave13 10 10.0%12/22/2023 $1,200,000 $120,000 $283 -1974926 N L St14 8 0%12/28/2023 $1,100,000 $137,500 $215 -1926214-216 S M St15 5 0%10/2/2023 $1,050,000 $210,000 $388 -1950915 S Dixie Hwy16 11 9.1%4/12/2024 $1,010,000 $91,818 $280 -1950914 N J St17 5 0%12/19/2023 --- 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 15 1008 Appendix Boynton Beach Multi-Family OVERALL SUPPLY & DEMAND AbsorptionInventory Units % of Inv Construction RatioUnitsGrowth% GrowthYear 2028 202 1.3%15,391 191 1.2%1.1 2027 160 1.1%15,189 94 0.6%1.7 2026 54 0.4%15,029 26 0.2%2.1 2025 (18)-0.1%14,975 92 0.6%- 2024 503 3.5%14,993 190 1.3%2.6 YTD 124 0.9%14,614 84 0.6%1.5 2023 319 2.3%14,490 314 2.2%1.0 2022 318 2.3%14,171 274 1.9%1.2 2021 348 2.6%13,853 937 6.8%0.4 2020 1,045 8.4%13,505 717 5.3%1.5 2019 324 2.7%12,460 174 1.4%1.9 2018 880 7.8%12,136 920 7.6%1.0 2017 340 3.1%11,256 338 3.0%1.0 2016 372 3.5%10,916 92 0.8%4.0 2015 0 0%10,544 (95)-0.9%0 2014 699 7.1%10,544 601 5.7%1.2 2013 (2)0%9,845 119 1.2%0 2012 578 6.2%9,847 596 6.1%1.0 4 & 5 STAR SUPPLY & DEMAND AbsorptionInventory Units % of Inv Construction RatioUnitsGrowth% GrowthYear 2028 221 2.5%9,069 205 2.3%1.1 2027 179 2.1%8,848 118 1.3%1.5 2026 73 0.8%8,669 4 0%18.3 2025 0 0%8,596 (24)-0.3%0 2024 0 0%8,596 (7)-0.1%0 YTD 0 0%8,596 9 0.1%0 2023 319 3.9%8,596 305 3.5%1.0 2022 200 2.5%8,277 266 3.2%0.8 2021 348 4.5%8,077 869 10.8%0.4 2020 1,033 15.4%7,729 646 8.4%1.6 2019 324 5.1%6,696 168 2.5%1.9 2018 831 15.0%6,372 917 14.4%0.9 2017 350 6.7%5,541 324 5.8%1.1 2016 372 7.7%5,191 126 2.4%3.0 2015 0 0%4,819 (36)-0.7%0 2014 714 17.4%4,819 578 12.0%1.2 2013 0 0%4,105 57 1.4%0 2012 456 12.5%4,105 426 10.4%1.1 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 16 1009 Appendix Boynton Beach Multi-Family 3 STAR SUPPLY & DEMAND AbsorptionInventory Units % of Inv Construction RatioUnitsGrowth% GrowthYear 2028 0 0%3,826 2 0.1%0 2027 0 0%3,826 1 0%0 2026 0 0%3,826 49 1.3%0 2025 0 0%3,826 141 3.7%0 2024 507 15.3%3,826 215 5.6%2.4 YTD 124 3.7%3,443 84 2.4%1.5 2023 0 0%3,319 15 0.5%0 2022 95 2.9%3,319 36 1.1%2.6 2021 0 0%3,224 41 1.3%0 2020 0 0%3,224 30 0.9%0 2019 0 0%3,224 18 0.6%0 2018 49 1.5%3,224 8 0.2%6.1 2017 0 0%3,175 21 0.7%0 2016 0 0%3,175 (18)-0.6%0 2015 0 0%3,175 (50)-1.6%0 2014 0 0%3,175 23 0.7%0 2013 8 0.3%3,175 54 1.7%0.1 2012 122 4.0%3,167 134 4.2%0.9 1 & 2 STAR SUPPLY & DEMAND AbsorptionInventory Units % of Inv Construction RatioUnitsGrowth% GrowthYear 2028 (19)-0.8%2,496 (16)-0.6%1.2 2027 (19)-0.7%2,515 (25)-1.0%0.8 2026 (19)-0.7%2,534 (27)-1.1%0.7 2025 (18)-0.7%2,553 (25)-1.0%0.7 2024 (4)-0.2%2,571 (18)-0.7%0.2 YTD 0 0%2,575 (9)-0.3%0 2023 0 0%2,575 (6)-0.2%0 2022 23 0.9%2,575 (28)-1.1%- 2021 0 0%2,552 27 1.1%0 2020 12 0.5%2,552 41 1.6%0.3 2019 0 0%2,540 (12)-0.5%0 2018 0 0%2,540 (5)-0.2%0 2017 (10)-0.4%2,540 (7)-0.3%1.4 2016 0 0%2,550 (16)-0.6%0 2015 0 0%2,550 (9)-0.4%0 2014 (15)-0.6%2,550 0 0%- 2013 (10)-0.4%2,565 8 0.3%- 2012 0 0%2,575 36 1.4%0 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 17 1010 Appendix Boynton Beach Multi-Family OVERALL VACANCY & RENT Market RentVacancy Per Unit Per SF % GrowthUnitsPercentPpts ChgYear Units Per SFPpts Chg Effective Rents (0.2)2028 7.9%01,209 $2,596 $2.53 3.2%$2,575 $2.51 (0.4)2027 7.9%0.31,198 $2,516 $2.45 3.4%$2,496 $2.43 (0.5)2026 7.5%0.21,134 $2,433 $2.37 3.8%$2,414 $2.35 3.020257.4%(0.7)1,105 $2,344 $2.28 4.3%$2,326 $2.27 1.220248.1%1.91,214 $2,248 $2.19 1.3%$2,230 $2.17 0.4YTD6.4%0.2939 $2,217 $2.16 0.5%$2,204 $2.15 (1.4)2023 6.2%(0.1)899 $2,220 $2.16 0%$2,207 $2.15 (25.3)2022 6.3%0.2895 $2,219 $2.16 1.4%$2,204 $2.15 23.420216.2%(4.5)852 $2,188 $2.13 26.8%$2,179 $2.12 (0.4)2020 10.7%1.71,442 $1,726 $1.68 3.4%$1,681 $1.63 1.020198.9%1.01,113 $1,669 $1.62 3.8%$1,658 $1.61 1.520187.9%(1.0)962 $1,609 $1.56 2.8%$1,570 $1.53 (0.7)2017 8.9%(0.3)1,003 $1,566 $1.52 1.3%$1,524 $1.48 (2.9)2016 9.2%2.31,001 $1,546 $1.50 2.0%$1,522 $1.48 1.120156.8%0.9722 $1,515 $1.47 4.9%$1,497 $1.46 1.520145.9%0.6627 $1,444 $1.40 3.8%$1,429 $1.39 (1.9)2013 5.4%(1.2)529 $1,391 $1.35 2.3%$1,381 $1.34 -2012 6.6%(0.6)649 $1,359 $1.32 4.2%$1,345 $1.31 4 & 5 STAR VACANCY & RENT Market RentVacancy Per Unit Per SF % GrowthUnitsPercentPpts ChgYear Units Per SFPpts Chg Effective Rents (0.2)2028 8.0%0728 $2,801 $2.66 3.1%$2,778 $2.64 (0.5)2027 8.0%0.5712 $2,717 $2.58 3.3%$2,694 $2.56 (0.6)2026 7.5%0.7651 $2,629 $2.50 3.8%$2,607 $2.48 2.720256.8%0.3582 $2,533 $2.41 4.4%$2,512 $2.39 2.320246.5%0.1558 $2,427 $2.31 1.6%$2,407 $2.29 1.6YTD6.3%(0.1)542 $2,391 $2.27 0.9%$2,376 $2.26 (0.9)2023 6.4%(0.1)551 $2,389 $2.27 -0.7%$2,373 $2.26 (29.7)2022 6.5%(1.0)538 $2,406 $2.29 0.2%$2,387 $2.27 26.320217.5%(7.1)604 $2,400 $2.28 29.9%$2,388 $2.27 0.8202014.5%3.51,124 $1,848 $1.76 3.6%$1,783 $1.69 (0.6)2019 11.0%1.9737 $1,784 $1.70 2.8%$1,769 $1.68 2.820189.1%(2.9)581 $1,735 $1.65 3.4%$1,687 $1.60 (1.6)2017 12.0%(0.3)667 $1,678 $1.59 0.6%$1,621 $1.54 (2.4)2016 12.4%4.1642 $1,668 $1.58 2.2%$1,640 $1.56 1.620158.2%0.8397 $1,631 $1.55 4.6%$1,609 $1.53 0.620147.5%2.0360 $1,559 $1.48 3.0%$1,539 $1.46 (1.2)2013 5.5%(1.4)224 $1,513 $1.44 2.4%$1,501 $1.43 -2012 6.9%(0.1)281 $1,478 $1.40 3.7%$1,460 $1.39 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 18 1011 Appendix Boynton Beach Multi-Family 3 STAR VACANCY & RENT Market RentVacancy Per Unit Per SF % GrowthUnitsPercentPpts ChgYear Units Per SFPpts Chg Effective Rents (0.2)2028 7.8%(0.1)297 $2,404 $2.24 3.3%$2,387 $2.23 (0.3)2027 7.8%0300 $2,327 $2.17 3.5%$2,311 $2.16 (0.3)2026 7.9%(1.3)301 $2,249 $2.10 3.8%$2,234 $2.09 4.220259.1%(3.7)350 $2,167 $2.02 4.1%$2,152 $2.01 (1.9)2024 12.8%6.9491 $2,082 $1.94 -0.2%$2,068 $1.93 (2.9)YTD 6.9%1.0238 $2,063 $1.92 -1.1%$2,053 $1.92 (2.9)2023 5.9%(0.5)197 $2,086 $1.95 1.8%$2,078 $1.94 (17.7)2022 6.4%1.6213 $2,050 $1.91 4.6%$2,041 $1.91 19.620214.8%(1.3)154 $1,959 $1.83 22.4%$1,957 $1.83 (4.1)2020 6.1%(0.9)195 $1,601 $1.49 2.8%$1,596 $1.49 6.020197.0%(0.5)225 $1,558 $1.45 6.8%$1,554 $1.45 (1.9)2018 7.5%1.2243 $1,458 $1.36 0.8%$1,434 $1.34 1.420176.4%(0.7)202 $1,446 $1.35 2.7%$1,434 $1.34 (4.6)2016 7.0%0.6223 $1,408 $1.31 1.3%$1,388 $1.29 (0.6)2015 6.5%1.6206 $1,391 $1.30 5.8%$1,379 $1.29 4.520144.9%(0.7)155 $1,314 $1.22 6.5%$1,306 $1.22 (4.6)2013 5.6%(1.4)178 $1,234 $1.15 2.0%$1,227 $1.14 -2012 7.1%(0.6)223 $1,210 $1.13 6.6%$1,201 $1.12 1 & 2 STAR VACANCY & RENT Market RentVacancy Per Unit Per SF % GrowthUnitsPercentPpts ChgYear Units Per SFPpts Chg Effective Rents (0.2)2028 7.4%0185 $1,513 $2.27 3.4%$1,505 $2.26 (0.4)2027 7.4%0.3187 $1,464 $2.20 3.6%$1,456 $2.19 (0.5)2026 7.1%0.3181 $1,413 $2.12 4.0%$1,405 $2.11 0.520256.8%0.3173 $1,358 $2.04 4.5%$1,351 $2.03 1.520246.4%0.6166 $1,300 $1.95 4.0%$1,293 $1.94 (0.1)YTD 6.2%0.3160 $1,270 $1.89 2.4%$1,263 $1.88 (1.2)2023 5.9%0.3151 $1,251 $1.86 2.5%$1,244 $1.85 (1.4)2022 5.6%1.9145 $1,220 $1.81 3.7%$1,214 $1.80 1.720213.7%(1.1)94 $1,177 $1.74 5.0%$1,172 $1.74 1.020204.8%(1.2)122 $1,120 $1.65 3.4%$1,115 $1.64 (1.0)2019 5.9%0.5150 $1,084 $1.59 2.4%$1,078 $1.58 020185.4%0.2138 $1,058 $1.55 3.4%$1,052 $1.54 0.620175.2%(0.1)133 $1,023 $1.50 3.4%$1,017 $1.49 (1.2)2016 5.3%0.6136 $989 $1.44 2.8%$984 $1.43 0.720154.7%0.3120 $963 $1.40 4.0%$958 $1.39 0.720144.4%(0.5)112 $926 $1.35 3.3%$921 $1.34 1.520134.9%(0.7)126 $896 $1.30 2.6%$892 $1.29 -2012 5.6%(1.4)145 $874 $1.26 1.1%$865 $1.25 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 19 1012 Appendix Boynton Beach Multi-Family OVERALL SALES Completed Transactions (1) Turnover Avg Price/UnitDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/Unit Cap Rate 2028 -----447-$370,293 4.7% 2027 -----412-$341,516 4.9% 2026 -----380-$314,979 5.1% 2025 -----352-$291,700 5.3% 2024 -----337-$279,497 5.2% YTD $11.8M6 0.4%$186,548$1,958,750 3447.2%$284,971 5.1% 2023 $159.8M18 4.8%$343,692$11,415,493 3385.2%$280,117 5.0% 2022 $199M29 4.8%$312,376$8,651,470 3624.7%$299,759 4.5% 2021 $968.9M44 25.9%$304,127$26,915,218 3745.8%$309,833 4.1% 2020 $13.9M15 1.3%$89,461$1,155,543 2766.5%$228,931 4.9% 2019 $217.9M35 12.6%$180,049$7,780,689 2486.7%$205,557 5.2% 2018 $230.9M24 12.3%$157,938$10,995,488 2256.5%$186,081 5.5% 2017 $79M32 4.1%$206,686$3,588,818 2127.0%$176,100 5.5% 2016 $243.9M28 12.8%$180,397$11,086,226 2017.6%$166,638 5.6% 2015 $86.6M18 7.5%$112,858$5,770,800 1927.9%$159,094 5.6% 2014 $97.2M17 10.1%$91,529$6,075,250 1727.9%$142,776 5.8% 2013 $128.7M24 11.5%$118,721$6,434,679 1557.8%$128,226 6.2% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. 4 & 5 STAR SALES Completed Transactions (1) Turnover Avg Price/UnitDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/Unit Cap Rate 2028 -----467-$423,816 4.2% 2027 -----430-$390,346 4.4% 2026 -----396-$359,525 4.6% 2025 -----366-$332,538 4.8% 2024 -----351-$318,487 4.8% YTD -----358-$324,841 4.6% 2023 $138M2 6.5%$396,552$138,000,000 351-$318,692 4.6% 2022 $162M3 5.2%$379,274$53,983,333 3763.7%$341,661 4.1% 2021 $895.5M8 37.9%$328,995$127,932,143 3853.5%$350,035 3.8% 2020 -----290-$263,397 4.4% 2019 $190.1M4 19.1%$197,969$63,350,000 2614.5%$236,932 4.7% 2018 $206.4M5 19.1%$169,558$41,270,471 2384.7%$216,458 4.9% 2017 $60.4M1 3.4%$321,011$60,350,000 2254.6%$204,766 5.0% 2016 $133.4M2 11.6%$221,512$66,675,000 2135.3%$193,423 5.0% 2015 $35.5M1 4.4%$165,888$35,500,000 2014.8%$182,874 5.1% 2014 $32M1 8.4%$79,208$32,000,000 1796.5%$162,574 5.3% 2013 $117.1M3 20.2%$141,106$39,039,340 1604.8%$145,116 5.6% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 20 1013 Appendix Boynton Beach Multi-Family 3 STAR SALES Completed Transactions (1) Turnover Avg Price/UnitDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/Unit Cap Rate 2028 -----436-$353,876 4.6% 2027 -----402-$326,285 4.8% 2026 -----371-$300,881 5.1% 2025 -----344-$278,800 5.2% 2024 -----330-$267,558 5.2% YTD $2.3M1 0.3%$258,889$2,330,000 3376.4%$273,462 5.1% 2023 $1.2M1 0.2%$191,667$1,150,000 3324.8%$269,219 5.0% 2022 $11.6M6 1.9%$187,153$1,933,917 3494.2%$283,396 4.5% 2021 $24.3M6 5.1%$154,082$4,869,000 3686.6%$298,030 4.1% 2020 $4.3M3 1.3%$102,448$1,434,267 2605.4%$210,954 4.9% 2019 $10.4M10 3.0%$124,774$1,294,531 2336.7%$188,630 5.3% 2018 $5.8M4 0.9%$231,000$1,925,000 2045.8%$165,102 5.6% 2017 $2.3M2 0.8%$86,538$1,125,000 1937.0%$156,275 5.7% 2016 $99.9M4 18.5%$170,460$24,972,433 183-$148,058 5.8% 2015 $38M3 10.9%$109,827$12,666,667 1786.5%$144,660 5.7% 2014 $45.6M3 12.9%$111,280$15,208,333 1635.6%$132,044 5.9% 2013 $445K1 0.3%$55,625$445,000 14811.0%$119,909 6.2% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. 1 & 2 STAR SALES Completed Transactions (1) Turnover Avg Price/UnitDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/Unit Cap Rate 2028 -----366-$216,020 6.3% 2027 -----341-$201,145 6.5% 2026 -----317-$187,225 6.7% 2025 -----296-$174,544 6.9% 2024 -----283-$167,084 6.9% YTD $9.4M5 2.1%$174,491$1,884,500 2877.6%$168,981 6.7% 2023 $20.7M15 5.2%$186,188$1,722,242 2845.2%$167,542 6.6% 2022 $25.4M20 7.5%$171,826$1,816,450 3125.1%$184,201 5.9% 2021 $49.1M30 14.2%$160,385$2,044,911 3285.8%$193,172 5.4% 2020 $9.6M12 5.4%$84,635$1,062,635 2386.8%$140,594 6.3% 2019 $17.5M21 7.4%$104,509$1,026,650 2146.9%$125,977 6.8% 2018 $18.8M15 9.4%$85,354$1,444,454 1968.3%$115,853 7.0% 2017 $16.4M29 9.6%$97,345$860,737 1867.5%$109,869 7.1% 2016 $10.7M22 8.4%$64,983$666,078 1788.0%$104,839 7.2% 2015 $13.1M14 8.9%$63,101$1,187,455 1729.0%$101,161 7.1% 2014 $19.6M13 9.9%$78,948$1,631,583 1578.3%$92,638 7.4% 2013 $11.1M20 11.5%$45,246$695,659 1438.7%$84,200 7.9% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 21 1014 Appendix Boynton Beach Multi-Family DELIVERIES & UNDER CONSTRUCTION Net DeliveriesInventory Bldgs Units BldgsBldgsUnitsVacancyYear Under Construction Units Deliveries Bldgs Units 2028 15,392 7.9%--221 ---201 2027 15,191 7.9%--179 ---160 2026 15,031 7.5%--73 ---55 2025 14,976 7.4%--0 ---(19) 2024 14,995 8.1%--508 ---505 YTD 14,614 6.4%320 1 124 1 3841124 2023 14,490 6.2%319 1 319 2 5081319 2022 14,171 6.3%318 3 324 2 4432318 2021 13,853 6.2%316 1 348 2 2951348 2020 13,505 10.7%315 4 1,045 2 44341,045 2019 12,460 8.9%311 1 324 4 1,0451324 2018 12,136 7.9%310 5 880 1 3245880 2017 11,256 8.9%305 1 350 5 8800340 2016 10,916 9.2%305 2 372 3 9172372 2015 10,544 6.8%303 0 0 3 71300 2014 10,544 5.9%303 3 714 0 02699 2013 9,845 5.4%301 2 16 3 7140(2) 2012 9,847 6.6%301 2 578 3 1242578 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 22 1015 PREPARED BY Hank Fishkind Multi-Family Capital Markets Report Boynton Beach Palm Beach - FL USA EXHIBIT 4 1016 MULTI-FAMILY CAPITAL MARKETS REPORT - SUBMARKET Capital Markets Overview 1 Market Pricing 6 Buying & Selling By Owner Type 8 Investment Trends By Buyer & Seller Origin 9 Submarket Sales Trends 10 Recent Significant Sales 11 Players 15 Sale Trends 19 Boynton Beach Multi-Family 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 1017 Capital Markets Overview Boynton Beach Multi-Family $4.3B $164.8M 5.1%-1.5% Asset Value 12 Mo Sales Volume Market Cap Rate Mkt Sale Price/Unit Chg (YOY) 12 MO SALES PRICE Average Lowest Highest Market Cap Rate 6.3%4.0%9.0%5.1% Sale Price/Unit $332.2K $91.8K $396.6K $285K Sale Price $10.3M $1M $138M - Sale vs Asking Price -16.5%-40.2%-4.6%- % Leased at Sale 84.4%0%100%- 12 MO SALES VOLUME Total Lowest Highest Transactions 17 -- Sales Volume $164.8M $1M $138M Properties Sold 17 -- Transacted Units 496 5 348 Average Units 29 5 348 KEY PERFORMANCE INDICATORS SUMMARY Sales volume peaked in 2021 but has since slowed, with annual volume totaling just $50.5 million, in line with pre- pandemic levels. Since 2021, strong tenant demand resulting in significant rent gains has attracted outsized investor interest in Boynton Beach. Double-digit pricing gains in 2021 and further gains in 2022 have highlighted investor appetite for apartments in the area, though higher interest rates pressuring cap rates higher are now slowing pricing gains and transaction activity. One transaction drove most activity in 2023; this involved the sale of the Manor Lantana for around $138 million, or over $396k/unit. The Praedium Group acquired the 4- Star, 348-unit building from Rockpoint in June. The property, which recently delivered in 2021, traded at a premium relative to 4 & 5 Star transactions over the last two years, with an average transaction price of around $360k/unit. All other transactions in the submarket have been much smaller, trading for less than $3 million. 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 2 1018 Capital Markets Overview Boynton Beach Multi-Family Boynton Beach multifamily typically trades at a discount, around 20% below the Palm Beach market average as of the second quarter of 2024. Since 2020, transaction pricing growth in Boynton Beach has slightly underperformed the broader Palm Beach market, growing by around 39% versus 40% over the same time period. The average annual transaction price per unit has grown to around $250,000/unit today. Headwinds to occupancy, resulting in slower rent gains over the last few months, should result in a moderation in pricing appreciation in the near future. Due to the changing composition of the submarket's inventory, with around 60% of existing inventory now composed of 4 & 5 Star units up from around 40% back in 2010, most transaction volume has recently been concentrated in 4 & 5 Star assets. Going forward, tight financial conditions will continue to result in slower transaction activity relative to the boom in 2021 and 2022. Additionally, pricing growth will remain muted as softening fundamentals and higher cap rates continue to impact property values. 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 3 1019 Capital Markets Overview Boynton Beach Multi-Family MARKET SALE PRICE & TRANSACTION SALE PRICE PER UNIT MARKET CAP RATE & TRANSACTION CAP RATE SALES VOLUME BY TRANSACTION TYPE 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 4 1020 Capital Markets Overview Boynton Beach Multi-Family CAP RATE DISTRIBUTION PAST 12 MONTHSSALE PRICE PER UNIT DISTRIBUTION PAST 12 MONTHS CAP RATE BY TRANSACTION TYPESALE PRICE PER UNIT BY TRANSACTION TYPE SOLD UNITS AS % OF TOTAL UNITSCUMULATIVE SALES VOLUME BY YEAR 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 5 1021 Capital Markets Overview Boynton Beach Multi-Family ASSET VALUE BY OWNER TYPESALES VOLUME BY BUYER TYPE PAST 12 MONTHS OCCUPANCY AT SALESALE TO ASKING PRICE DIFFERENTIAL PROBABILITY OF SELLING IN MONTHSMONTHS TO SALE 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 6 1022 Market Pricing Boynton Beach Multi-Family MARKET CAP RATEMARKET SALE PRICE PER UNIT MARKET CAP RATE BY STAR RATINGMARKET SALE PRICE PER UNIT BY STAR RATING MARKET CAP RATE DISTRIBUTIONMARKET SALE PRICE PER UNIT DISTRIBUTION 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 7 1023 Market Pricing Boynton Beach Multi-Family 4-5 STAR MARKET CAP RATE DISTRIBUTION4-5 STAR MARKET SALE PRICE PER UNIT DISTRIBUTION 3 STAR MARKET CAP RATE DISTRIBUTION3 STAR MARKET SALE PRICE PER UNIT DISTRIBUTION 1-2 STAR MARKET CAP RATE DISTRIBUTION1-2 STAR MARKET SALE PRICE PER UNIT DISTRIBUTION 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 8 1024 Buying & Selling By Owner Type Boynton Beach Multi-Family SALES VOLUME BY BUYER TYPE SALES VOLUME BY SELLER TYPE NET BUYING & SELLING BY OWNER TYPE 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 9 1025 Investment Trends By Buyer & Seller Origin Boynton Beach Multi-Family ASSET VALUE BY OWNER ORIGINSALES VOLUME BY BUYER ORIGIN PAST 12 MONTHS SALES VOLUME BY OWNER ORIGIN Year Sales Volume Bought Sold Net Trans Bought Sold Net Trans Bought Sold Net Trans Total Local National Foreign YTD $11.8M $3.9M $7.8M -$4M $5.9M $3.9M $2M --- 2023 $159.8M $2.8M $9M -$6.2M $157M $150.8M $6.2M --- 2022 $199M $19M $28.5M -$9.4M $177.2M $99.5M $77.6M -$71M -$71M 2021 $968.9M $8.1M $198.6M -$190.5M $956.8M $767M $189.8M --- 2020 $13.9M $6.1M $4.7M $1.4M $7.8M $9.2M -$1.4M --- 2019 $217.9M $61.5M $7.9M $53.6M $155.8M $209.5M -$53.6M --- 2018 $230.9M $4.1M $119.8M -$115.7M $116.3M $110.2M $6.1M $109.7M -$109.7M 2017 $79M $7.8M $10.5M -$2.7M $68M $68.5M -$489K --- 2016 $243.9M $5.5M $31.2M -$25.8M $237.8M $212.6M $25.2M $69.2K $87.5K -$18.3K 2015 $86.6M $4.3M $4M $378K $81.4M $45.8M $35.6M $780K $36.8M -$36M 2014 $97.2M $11.4M $8M $3.4M $85.3M $74.1M $11.2M $510K $15.1M -$14.6M CAP RATE BY BUYER ORIGINSALE PRICE PER UNIT BY BUYER ORIGIN 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 10 1026 Submarket Sales Trends Boynton Beach Multi-Family SUBMARKET SALES TRANSACTIONS PAST 12 MONTHS Submarket Name Sales Volume Transactions Transacted Units Avg Units Mkt Cap Rate Mkt Sale Price/Unit West Palm Beach $290,844,520 22 1,326 60 5.0%$305,556 Royal Palm Beach/Wellington $184,544,935 2 685 343 4.7%$300,359 Boynton Beach $164,784,398 17 496 29 5.1%$284,971 Boca Raton $147,787,600 4 313 78 4.8%$380,558 Palm Beach Gardens/Jupiter $119,711,000 5 539 108 4.7%$338,057 Greenacres $75,000,000 3 298 99 5.2%$236,425 Delray Beach $2,500,000 1 8 8 4.7%$384,017 Belle Glade $350,000 1 8 8 7.6%$60,605 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 11 1027 Recent Significant Sales Boynton Beach Multi-Family 900 Water Tower Way • Manor Lantana Water Tower Commons • Lantana, FL 33462 Buyer The Praedium Group (USA) Seller Related Development, LLC (USA) +1 Sale Type Investment Sale Date Jun 2023 Sale Price $138M ($396.6K/Unit) Leased 84% Hold Period 29 Months Units 348 Year Built 2021 202 Lucerne Ave Lake Worth, FL 33460 Buyer Ajz Investment Incorporated (USA) Broker Marcus & Millichap Seller Marco & Deborah Seidman (USA) Broker Marcus & Millichap Sale Type Investment Sale Date Aug 2023 Sale Price $2.9M ($219.2K/Unit) Cap Rate 5.9% (Actual) Leased 100% Hold Period 53 Months Units 13 Year Built 1974 400 Waterway Dr Lantana, FL 33462 Buyer Omid Esmailzadegan (USA) Seller Turk Marvin B (USA) Broker Strategic Realty Services, LLC Sale Type Investment Sale Cond High Vacancy Property Sale Date May 2024 Sale Price $2.8M ($154.2K/Unit) Leased 100% Hold Period 20+ Years Units 18 Year Built 1979 901 N F St Lake Worth, FL 33460 Buyer Stephen P Bishop (USA) Seller William Feldkamp (USA) Sale Type Investment Sale Date Aug 2023 Sale Price $2.4M ($150K/Unit) Leased 100% Hold Period 120 Months Units 16 Year Built 1967 1850 Palm Trl Delray Beach, FL 33483 Buyer Joseph Battaglia (USA) Seller Barry Rubin (USA) Sale Type Investment Sale Date Dec 2023 Sale Price $2.4M ($296.9K/Unit) Leased 100% Hold Period 25 Months Units 8 Year Built 1972 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 12 1028 Recent Significant Sales Boynton Beach Multi-Family 828 Lake Ave N Delray Beach, FL 33483 Buyer Joseph J Battaglia (USA) Seller Grecia Larkin (USA) +1 Sale Type Investment Sale Date Feb 2024 Sale Price $2.4M ($337.5K/Unit) Leased 94% Hold Period 57 Months Units 7 Year Built 1965 223-231 S Palmway Lake Worth, FL 33460 Buyer Nichole Garcia (USA) Broker ONE Commercial Real Estate Seller Stephen Marcuccio (USA) Broker ONE Commercial Real Estate Sale Type Investment Sale Date Apr 2024 Sale Price $2.3M ($258.9K/Unit) Cap Rate 6.4% (Actual) Leased 93% Hold Period 20+ Years Units 9 Year Built 1947 (Renov 2021) 1741 4th Ave N Lake Worth Beach, FL 33460 Broker Champagne & Parisi Real Estate Seller Travis Mack (USA) Broker RE/MAX Consultants Realty I Sale Type Investment Sale Date Jun 2024 Sale Price $2M ($197.5K/Unit) Cap Rate 6.2% (Actual) Leased 100% Hold Period 20+ Years Units 10 Year Built 1964 1025-1029 S K St • South K Street Apartments Lake Worth, FL 33460 Buyer Harris Markowitz (USA) Seller Michael Herzog (USA) Broker ONE Commercial Real Estate Sale Type Investment Sale Cond Assemblage Sale Date Jun 2023 Sale Price $1.5M ($153K/Unit) Cap Rate 6.4% (Actual) Leased 100% Hold Period 97 Months Units 10 Year Built 1965 1001 S Federal Hwy Lake Worth, FL 33460 Buyer Matthew Ryan (USA) Broker BitRealty Seller Pirkko Pedersen (USA) Broker Platinum Properties Real Estate Inc Sale Type Investment Sale Cond Deferred Maintenance Sale Date Feb 2024 Sale Price $1.3M ($162.5K/Unit) Cap Rate 9.0% (Actual) Leased 94% Hold Period 20+ Years Units 8 Year Built 1958 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 13 1029 Recent Significant Sales Boynton Beach Multi-Family 131 S Federal Hwy Lake Worth, FL 33460 Buyer Matthew Ryan (USA) Seller Access USA Realty Inc (USA) Broker BitRealty Sale Type Investment Sale Date Aug 2023 Sale Price $1.3M ($254K/Unit) Leased 0% Hold Period 22 Months Units 5 Year Built 1924 301 S M St Lake Worth, FL 33460 Buyer The MCR Group (USA) Seller Wali Khan (USA) Broker Marcus & Millichap Sale Type Investment Sale Date Sep 2023 Sale Price $1.3M ($251.4K/Unit) Cap Rate 4.0% (Actual) Leased 60% Hold Period 27 Months Units 5 Year Built 1925 320 NE 13th Ave Boynton Beach, FL 33435 Buyer Zagury Scott P.A (USA) Broker Fatherson Realty, Inc. Seller Ljm Investor Group Llc (USA) Broker Fatherson Realty, Inc. Sale Type Investment Sale Date Dec 2023 Sale Price $1.2M ($120K/Unit) Leased 100% Hold Period 48 Months Units 10 Year Built 1957 (Renov 2015) 926 N L St Lake Worth, FL 33460 Buyer Alex J Cohen (USA) Broker Coldwell Banker Hometown Real Estate Seller Karin Lurtz (USA) Broker Coldwell Banker Hometown Real Estate Sale Type Investment Sale Cond Distress Sale,Deferred Maintenance,Hi… Sale Date Dec 2023 Sale Price $1.1M ($137.5K/Unit) Leased 94% Hold Period 20+ Years Units 8 Year Built 1974 214-216 S M St Lake Worth, FL 33460 Buyer Gregory T Chudecke (USA) Broker Keller Williams Realty of the Palm Bea… Seller Jack B. Turner (USA) Broker ONE Commercial Real Estate Sale Type Investment Sale Cond High Vacancy Property,Furniture, Fixtu… Sale Date Oct 2023 Sale Price $1.1M ($210K/Unit) Cap Rate 6.4% (Actual) Leased 0% Hold Period 23 Months Units 5 Year Built 1926 (Renov 2021) 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 14 1030 Recent Significant Sales Boynton Beach Multi-Family 915 S Dixie Hwy Lake Worth, FL 33460 Buyer Oleg Alba (USA) Broker The Keyes Company Seller Anil Lakum (USA) Broker The Keyes Company Sale Type Investment Sale Date Apr 2024 Sale Price $1M ($91.8K/Unit) Leased 93% Hold Period 111 Months Units 11 Year Built 1950 (Renov 2016) 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 15 1031 Players Boynton Beach Multi-Family TOP OWNERS Company Name Owned Units Owned Props Avg Units 12 Mo Bought 12 Mo Sold 12 Mo Net Trans Olen Properties 1,267 3 422 --- Blackstone Inc.976 3 325 --- Blackstone Real Estate Income Trust,…976 3 325 --- Northland 683 2 341 --- Advenir, Inc.616 2 308 --- Starwood Capital Group 548 1 548 --- Caisse de dépôt et placement du Qué…466 1 466 --- IMT Residential 466 1 466 --- Ivanhoé Cambridge 466 1 466 --- Heitman America Real Estate Trust 456 1 456 --- The Dermot Company 456 1 456 --- The Shidler Group 433 1 433 --- Reath.ai 433 1 433 --- PRG Real Estate Management, Inc.416 1 416 --- Aspen Square Management 404 1 404 --- The NHP Foundation 384 1 384 --- Olympus Properties 360 1 360 --- Morguard Corporation 351 2 175 --- Morguard Investments Limited 351 2 175 --- TIAA 350 1 350 --- Nuveen 350 1 350 --- The Praedium Group 348 1 348 $138,000,000 -$138,000,000 Avanti Residential 341 1 341 --- Compson Associates, Inc.338 1 338 --- Walton Street Capital, LLC 324 1 324 --- Isram Realty & Management Inc.319 1 319 --- Acumen Real Estate II LLC 288 1 288 --- Belcrest Realty Corporation 280 1 280 --- Klingbeil Capital Management 280 1 280 --- Banner Oak Capital Partners, LP 250 1 250 --- Affiliated Development 240 1 240 --- ESG Kullen 219 1 219 --- Waterton 216 1 216 --- MLG Asset Management LLC 214 1 214 --- Sunny Side In Florida LLC 201 7 28 --- Affiliated Development 200 1 200 --- Yuksel, Inc.196 2 98 --- CalPERS 188 1 188 --- GID Investment Advisors LLC 188 1 188 --- Preston Giuliano Capital Partners 127 1 127 --- Robbins Property Associates, LLC 127 1 127 --- Preston Giuliano Capital Partners 127 1 127 --- 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 16 1032 Players Boynton Beach Multi-Family TOP BUYERS PAST 12 MONTHS Company Name Sales Volume Transactions Transacted Units Avg Units Cap Rate Sale Price/Unit The Praedium Group $138,000,000 1 348 348 -$396,552 Ajz Investment Incorporated $2,850,000 1 13 13 5.9%$219,231 Omid Esmailzadegan $2,775,000 1 18 18 -$154,167 Matthew Ryan $2,570,000 2 13 7 9.0%$197,692 Stephen P Bishop $2,400,000 1 16 16 -$150,000 Joseph Battaglia $2,375,000 1 8 8 -$296,875 Joseph J Battaglia $2,362,500 1 7 7 -$337,500 Nichole Garcia $2,330,000 1 9 9 6.4%$258,889 Harris Markowitz $1,530,000 1 10 10 6.4%$153,000 The MCR Group $1,256,898 1 5 5 4.0%$251,380 Zagury Scott P.A $1,200,000 1 10 10 -$120,000 Alex J Cohen $1,100,000 1 8 8 -$137,500 Gregory T Chudecke $1,050,000 1 5 5 6.4%$210,000 Oleg Alba $1,010,000 1 11 11 -$91,818 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 17 1033 Players Boynton Beach Multi-Family TOP SELLERS PAST 12 MONTHS Company Name Sales Volume Transactions Transacted Units Avg Units Cap Rate Sale Price/Unit Related Development, LLC $69,000,000 1 174 174 -$396,552 Rockpoint $69,000,000 1 174 174 -$396,552 Marco & Deborah Seidman $2,850,000 1 13 13 5.9%$219,231 Turk Marvin B $2,775,000 1 18 18 -$154,167 William Feldkamp $2,400,000 1 16 16 -$150,000 Barry Rubin $2,375,000 1 8 8 -$296,875 Stephen Marcuccio $2,330,000 1 9 9 6.4%$258,889 Travis Mack $1,975,000 1 10 10 6.2%$197,500 Michael Herzog $1,530,000 1 10 10 6.4%$153,000 Pirkko Pedersen $1,300,000 1 8 8 9.0%$162,500 Access USA Realty Inc $1,270,000 1 5 5 -$254,000 Wali Khan $1,256,898 1 5 5 4.0%$251,380 Ljm Investor Group Llc $1,200,000 1 10 10 -$120,000 Grecia Larkin $1,181,250 1 3 3 -$393,750 Kenneth J Goodman $1,181,250 1 3 3 -$393,750 Karin Lurtz $1,100,000 1 8 8 -$137,500 Jack B. Turner $1,050,000 1 5 5 6.4%$210,000 Anil Lakum $1,010,000 1 11 11 -$91,818 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 18 1034 Players Boynton Beach Multi-Family TOP BROKERS PAST 12 MONTHS Company Name Sales Volume Transactions Transacted Units Avg Units Cap Rate Sale Price/Unit ONE Commercial Real Estate $7,240,000 4 33 8 6.4%$219,394 Marcus & Millichap $6,956,898 3 31 10 5.2%$224,416 Keller Williams Realty $3,450,000 3 25 8 6.4%$138,000 The Keyes Company - Commercial Sales &…$3,320,000 3 30 10 9.0%$110,667 Strategic Realty Services, LLC $2,775,000 1 18 18 -$154,167 BitRealty $2,570,000 2 13 7 9.0%$197,692 Anywhere $2,200,000 2 16 8 -$137,500 Champagne & Parisi Real Estate $1,975,000 1 10 10 6.2%$197,500 RE/MAX $1,975,000 1 10 10 6.2%$197,500 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 19 1035 Appendix Boynton Beach Multi-Family OVERALL SALES Completed Transactions (1) Turnover Avg Price/UnitDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/Unit Cap Rate 2028 -----447-$370,293 4.7% 2027 -----412-$341,516 4.9% 2026 -----380-$314,979 5.1% 2025 -----352-$291,700 5.3% 2024 -----337-$279,497 5.2% YTD $11.8M6 0.4%$186,548$1,958,750 3447.2%$284,971 5.1% 2023 $159.8M18 4.8%$343,692$11,415,493 3385.2%$280,117 5.0% 2022 $199M29 4.8%$312,376$8,651,470 3624.7%$299,759 4.5% 2021 $968.9M44 25.9%$304,127$26,915,218 3745.8%$309,833 4.1% 2020 $13.9M15 1.3%$89,461$1,155,543 2766.5%$228,931 4.9% 2019 $217.9M35 12.6%$180,049$7,780,689 2486.7%$205,557 5.2% 2018 $230.9M24 12.3%$157,938$10,995,488 2256.5%$186,081 5.5% 2017 $79M32 4.1%$206,686$3,588,818 2127.0%$176,100 5.5% 2016 $243.9M28 12.8%$180,397$11,086,226 2017.6%$166,638 5.6% 2015 $86.6M18 7.5%$112,858$5,770,800 1927.9%$159,094 5.6% 2014 $97.2M17 10.1%$91,529$6,075,250 1727.9%$142,776 5.8% 2013 $128.7M24 11.5%$118,721$6,434,679 1557.8%$128,226 6.2% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. 4 & 5 STAR SALES Completed Transactions (1) Turnover Avg Price/UnitDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/Unit Cap Rate 2028 -----467-$423,816 4.2% 2027 -----430-$390,346 4.4% 2026 -----396-$359,525 4.6% 2025 -----366-$332,538 4.8% 2024 -----351-$318,487 4.8% YTD -----358-$324,841 4.6% 2023 $138M2 6.5%$396,552$138,000,000 351-$318,692 4.6% 2022 $162M3 5.2%$379,274$53,983,333 3763.7%$341,661 4.1% 2021 $895.5M8 37.9%$328,995$127,932,143 3853.5%$350,035 3.8% 2020 -----290-$263,397 4.4% 2019 $190.1M4 19.1%$197,969$63,350,000 2614.5%$236,932 4.7% 2018 $206.4M5 19.1%$169,558$41,270,471 2384.7%$216,458 4.9% 2017 $60.4M1 3.4%$321,011$60,350,000 2254.6%$204,766 5.0% 2016 $133.4M2 11.6%$221,512$66,675,000 2135.3%$193,423 5.0% 2015 $35.5M1 4.4%$165,888$35,500,000 2014.8%$182,874 5.1% 2014 $32M1 8.4%$79,208$32,000,000 1796.5%$162,574 5.3% 2013 $117.1M3 20.2%$141,106$39,039,340 1604.8%$145,116 5.6% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 20 1036 Appendix Boynton Beach Multi-Family 3 STAR SALES Completed Transactions (1) Turnover Avg Price/UnitDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/Unit Cap Rate 2028 -----436-$353,876 4.6% 2027 -----402-$326,285 4.8% 2026 -----371-$300,881 5.1% 2025 -----344-$278,800 5.2% 2024 -----330-$267,558 5.2% YTD $2.3M1 0.3%$258,889$2,330,000 3376.4%$273,462 5.1% 2023 $1.2M1 0.2%$191,667$1,150,000 3324.8%$269,219 5.0% 2022 $11.6M6 1.9%$187,153$1,933,917 3494.2%$283,396 4.5% 2021 $24.3M6 5.1%$154,082$4,869,000 3686.6%$298,030 4.1% 2020 $4.3M3 1.3%$102,448$1,434,267 2605.4%$210,954 4.9% 2019 $10.4M10 3.0%$124,774$1,294,531 2336.7%$188,630 5.3% 2018 $5.8M4 0.9%$231,000$1,925,000 2045.8%$165,102 5.6% 2017 $2.3M2 0.8%$86,538$1,125,000 1937.0%$156,275 5.7% 2016 $99.9M4 18.5%$170,460$24,972,433 183-$148,058 5.8% 2015 $38M3 10.9%$109,827$12,666,667 1786.5%$144,660 5.7% 2014 $45.6M3 12.9%$111,280$15,208,333 1635.6%$132,044 5.9% 2013 $445K1 0.3%$55,625$445,000 14811.0%$119,909 6.2% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. 1 & 2 STAR SALES Completed Transactions (1) Turnover Avg Price/UnitDealsVolumeYear Market Pricing Trends (2) Avg Price Price IndexAvg Cap Rate Price/Unit Cap Rate 2028 -----366-$216,020 6.3% 2027 -----341-$201,145 6.5% 2026 -----317-$187,225 6.7% 2025 -----296-$174,544 6.9% 2024 -----283-$167,084 6.9% YTD $9.4M5 2.1%$174,491$1,884,500 2877.6%$168,981 6.7% 2023 $20.7M15 5.2%$186,188$1,722,242 2845.2%$167,542 6.6% 2022 $25.4M20 7.5%$171,826$1,816,450 3125.1%$184,201 5.9% 2021 $49.1M30 14.2%$160,385$2,044,911 3285.8%$193,172 5.4% 2020 $9.6M12 5.4%$84,635$1,062,635 2386.8%$140,594 6.3% 2019 $17.5M21 7.4%$104,509$1,026,650 2146.9%$125,977 6.8% 2018 $18.8M15 9.4%$85,354$1,444,454 1968.3%$115,853 7.0% 2017 $16.4M29 9.6%$97,345$860,737 1867.5%$109,869 7.1% 2016 $10.7M22 8.4%$64,983$666,078 1788.0%$104,839 7.2% 2015 $13.1M14 8.9%$63,101$1,187,455 1729.0%$101,161 7.1% 2014 $19.6M13 9.9%$78,948$1,631,583 1578.3%$92,638 7.4% 2013 $11.1M20 11.5%$45,246$695,659 1438.7%$84,200 7.9% (1) Completed transaction data is based on actual arms-length sales transactions and levels are dependent on the mix of what happened to sell in the period. (2) Market price trends data is based on the estimated price movement of all properties in the market, informed by actual transactions that have occurred. 6/14/2024© 2024 CoStar Group - Licensed to Fishkind Litigation Services - 1278541 Page 21 1037 TOWN SQUARE North/South Parcels TIF Request Boynton Beach CRA 1.14.25 1038 1039 1040 1041 Town Square Background •2022/2023 |TEI negotiations with City/JKM to take over the private portion of the Town Square PPP •May 2023 |City Commission approved Town Square Development Agreement which allowed: all litigation with City/JKM to be resolved –including a $5MM settlement payment to City land swap –creating better development parcels for both TEI and City agreements for City/public parking to be incorporated into the development plan TEI to purchase the North/South parcels TEI to improve the Public/Private components of the Master Plan establishment of the PPP terms for implementation of the development plan •May 2024 |City Commission approved Site Plans of North/South Parcels with improved layouts, architecture,increased commercial space,pedestrian amenities and incorporated public parking. •Town Square greatly influences the future of the City/CRA.These prior efforts and the TIF request is necessary for the viable development of Town Square North/South Parcels and will have direct financial benefits for the City/CRA including ~$8.5MM/year bond interest payments through 2045.1042 REVISED MASTER PLAN1043 South Parcel/Phs. 1 North Parcel/Phs. 2 Total Res. Units 465 433 898 Total Parking Spaces 1,005 1,049 2,054 City Parking Spaces 224 249 473 Retail SF 6,500 17,000 23,500 Site Plan Approved Yes, Spring 2024 Yes, Spring 2024 Overview South Parcel/Phs. 1 North Parcel/Phs. 2 Total Land Cost 22,000,000 22,000,000 44,000,000 Hard/Soft Cost 200,000,000 200,000,000 400,000,000 Total Dev. Cost 222,000,000 222,000,000 444,000,000 Development Cost 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 Bonnie Miskel – Miskel Backman LLP 1054 TIF Award is Key to Unlocking Town Square •At a cost of $~450MM, the Town Square Residential project is set to be the largest, most expensive, most impactful development in the history of Boynton Beach. •Without TIF to fund the Fiscal Gap, the project is not economically viable and cannot move forward. •Fiscal Gap is confirmed by independent economists engaged by both the developer and the City. 1055 1056 1057 Town Square “Fiscal Gap”– TWO PHASES •Southern Parcel/Master Plan Phase 2: •Fiscal Gap AMT: $20,000,000 •Approx Term: 10 years •Proposed Start Date for TIF:July 1, 2026 •Currently Required Start Date: None •Northern Parcel/Master Plan Phase 3: •Fiscal Gap AMT: $15,000,000 •Approx Term: 8 years •Proposed Start Date for TIF:July 1, 2032 •Currently Required Start Date: None 1058 South Parcel/Phs. 1 North Parcel/Phs. 2 Total Total TIF Request (TEI)20,000,000 15,000,000 35,000,000 TIF Rebate/Yr.2,000,000 2,000,000 4,000,000 Est. TIF Yrs.10 8 TIF AMT/Fishkind 33,800,000 24,600,000 58,400,000 Fiscal Gap/TIF Request South Parcel/Phs. 1 North Parcel/Phs. 2 Req'd. Per Dev. Agmt None None Dates w.TIF 7/1/2026 7/1/2032 Construction Start Dates 1059 1060 1061 Year Inc. RE Tax*Parking Rev.Fees Total CRA City Total 1 2024 -$ -$ 5,000,000$ 5,000,000$ 3,550,000$ 4,500,000$ 8,050,000$ 2 2025 -$ -$ -$ -$ 3,550,000$ 4,500,000$ 8,050,000$ 3 2026 -$ -$ 9,567,358$ 9,567,358$ 3,550,000$ 4,500,000$ 8,050,000$ 4 2027 -$ -$ -$ -$ 3,550,000$ 4,500,000$ 8,050,000$ 5 2028 -$ -$ -$ -$ 3,550,000$ 4,500,000$ 8,050,000$ 6 2029 -$ -$ -$ -$ 3,550,000$ 4,500,000$ 8,050,000$ 7 2030 -$ 337,001$ 8,740,717$ 9,077,718$ 3,550,000$ 4,500,000$ 8,050,000$ 8 2031 -$ 347,111$ -$ 347,111$ 3,550,000$ 4,500,000$ 8,050,000$ 9 2032 -$ 357,524$ -$ 357,524$ 3,550,000$ 4,500,000$ 8,050,000$ 10 2033 -$ 781,724$ -$ 781,724$ 3,550,000$ 4,500,000$ 8,050,000$ 11 2034 -$ 805,176$ -$ 805,176$ 3,550,000$ 4,500,000$ 8,050,000$ 12 2035 -$ 829,331$ -$ 829,331$ 3,550,000$ 4,500,000$ 8,050,000$ 13 2036 -$ 854,211$ -$ 854,211$ 3,550,000$ 4,500,000$ 8,050,000$ 14 2037 -$ 879,837$ -$ 879,837$ 3,550,000$ 4,500,000$ 8,050,000$ 15 2038 -$ 906,232$ -$ 906,232$ 3,550,000$ 4,500,000$ 8,050,000$ 16 2039 2,435,300$ 933,419$ -$ 3,368,719$ 3,550,000$ 4,500,000$ 8,050,000$ 17 2040 4,860,751$ 961,422$ -$ 5,822,173$ 3,550,000$ 4,500,000$ 8,050,000$ 18 2041 4,957,966$ 990,264$ -$ 5,948,231$ 3,550,000$ 4,500,000$ 8,050,000$ 19 2042 5,057,126$ 1,019,972$ -$ 6,077,098$ 3,550,000$ 4,500,000$ 8,050,000$ 20 2043 5,158,268$ 1,050,571$ -$ 6,208,840$ 3,550,000$ 4,500,000$ 8,050,000$ 21 2044 5,261,434$ 1,082,089$ -$ 6,343,522$ 3,550,000$ 4,500,000$ 8,050,000$ 22 2045 5,366,662$ 1,114,551$ -$ 6,481,214$ 3,550,000$ 4,500,000$ 8,050,000$ 23 2046 5,473,996$ 1,147,988$ -$ 6,621,983$ -$ -$ -$ 24 2047 5,583,475$ 1,182,427$ -$ 6,765,903$ -$ -$ -$ 25 2048 5,695,145$ 1,217,900$ -$ 6,913,045$ -$ -$ -$ 26 2049 5,809,048$ 1,254,437$ -$ 7,063,485$ -$ -$ -$ 27 2050 5,925,229$ 1,292,070$ -$ 7,217,299$ -$ -$ -$ 28 2051 6,043,733$ 1,330,832$ -$ 7,374,566$ -$ -$ -$ 29 2052 6,164,608$ 1,370,757$ -$ 7,535,366$ -$ -$ -$ 30 2053 6,287,900$ 1,411,880$ -$ 7,699,780$ -$ -$ -$ 31 2054 6,413,658$ 1,454,237$ -$ 7,867,895$ -$ -$ -$ 32 2055 6,541,931$ 1,497,864$ -$ 8,039,795$ -$ -$ -$ 33 2056 6,672,770$ 1,542,800$ -$ 8,215,570$ -$ -$ -$ 34 2057 6,806,225$ 1,589,084$ -$ 8,395,309$ -$ -$ -$ 35 2058 6,942,350$ 1,636,756$ -$ 8,579,106$ -$ -$ -$ 36 2059 7,081,197$ 1,685,859$ -$ 8,767,056$ -$ -$ -$ 37 2060 7,222,821$ 1,736,435$ -$ 8,959,255$ -$ -$ -$ 38 2061 7,367,277$ 1,788,528$ -$ 9,155,805$ -$ -$ -$ 39 2062 7,514,623$ 1,842,183$ -$ 9,356,806$ -$ -$ -$ 40 2063 7,664,915$ 1,897,449$ -$ 9,562,364$ -$ -$ -$ Total 150,308,410$ 40,129,921$ 23,308,075$ 213,746,406$ 78,100,000$ 99,000,000$ 177,100,000$ Town Square Public Bond PMTSESTIMATED Town Square Development - Public REVENUES * Various assumptions, including that BBCRA is extended after 2045. If BBCRA does not get extended, total incremental RE Tax revenue to CRA might be $50MM less. $177MM in Bond PMTS thru 2024 ~$200MM+ Revenues thru 2062 1062 Two -Phase TIF •Town Square is ONE project, not two separate projects – having TIF now for both Phases allows TEI to attract the most efficient financing and investor partners needed to execute the full vision. •Second Phase TIF request is 25% less than First Phase, to account for (aspirational) market rent growth. 1063 Public Benefits Per Site Plans/Dev Agmt •TEI to deliver 479 parking spaces to City upon completion of both phases, at a value of over $25MM. •The garage spaces are leased to BB for 100 years at $0.0/year rent. BB has 100% revenue share (after paying prorata OpEx). •TEI to pay ~$4.5MM to WFH fund, largest payment ever, may allow for the development and/or improvement of hundreds of units. 1064 Public Benefits Per Site Plans/Dev Agmt •Project also includes: • ~23,000 SF of new retail stores. •~$3,000,000 in streetscape improvements, •~$14,000,000 in fees – including permits fees, impact fees, art in public places fee, etc. •$180,000 for new public restrooms at Town Square 1065 1066 1067 Thank you 1068 Additional/Backup Slides, Only if Needed – Not part of main presentation 1069 Detailed Site Plans/Master Plan 1070 1071 1072 1073 North Parcel – Town Square – Site Plan 1074 North Parcel – Town Square – Site Plan 1075 South Parcel – Town Square – Site Plan 1076 South Parcel – Town Square – Site Plan 1077 TEI/BB Development Agmt 1078 1079 1080 1081 Original Town Square Residential Plan 1082 1083 1084 1085 130 E. Boynton Beach Blvd. & 120 SE 1st Ave. Boynton Beach, FL BOYNTON TOWN SQUARE 1086 BOYNTON TOWN SQUARE Garage Elevations East Elevation (Facing NE 1st Street) West Elevation (Facing Seacrest Blvd.) South Elevation (Facing Schoolhouse & Parks) 1087 130 E. Boynton Beach Blvd. & 120 SE 1st Ave. Boynton Beach, FL 1088 130 E. Boynton Beach Blvd. & 120 SE 1st Ave. Boynton Beach, FL Rez. Southern Block 1089 130 E. Boynton Beach Blvd. & 120 SE 1st Ave. Boynton Beach, FL 1090 Fishkind Fiscal Gap 1091 No TIF With TIF No TIF With TIF No TIF With TIF TIF Amount -$ 33,840,000$ -$ 24,600,000$ -$ 58,440,000$ Present Value of TIF -$ 22,839,185$ -$ 15,610,338$ -$ 38,449,524$ Phase I South Building Phase II North Building Phase I + Phase II 1092 Cost Basis Category No TIF With TIF No TIF With TIF Land 22,580,243$ 22,580,243$ 21,419,757$ 21,419,757$ Plus:Development Cost 208,156,600 208,156,600 199,385,602 199,385,602 Total Cost 230,736,843$ 230,736,843$ 220,805,359$ 220,805,359$ Phase I South Building Phase II North Building Category No TIF With TIF Land 44,000,000$ 44,000,000$ Plus:Development Cost 407,542,202 407,542,202 Total Cost 451,542,202$ 451,542,202$ Phase I + Phase II 1093 Stabilized NOI forecast by Fishkind 2032 Revenues Stabilization Gross Potential Income $19,539,104 Vacancy 781,564 Revenue 18,757,540 Retail Revenue (Net 254,068 Total Revenue $19,011,608 Expenses Marketing $178,751 Operating Expenses 2,144,627 Administrative Expens 392,460 Management Fees 332,703 Property Insurance 930,000 RE Taxes 2,859,750 Total Expenses $6,838,291 NOI $12,173,317 2035 Revenues Stabilization Gross Potential Income $18,548,625 Vacancy 741,945 Total Apartment Revenue 17,806,680 Retail Revenue (Net of Vacancy)642,504 Total Revenue $18,449,184 Expenses Marketing $166,450 Operating Expenses 1,997,040 Administrative Expenses 365,452 Management Fees 322,861 Property Insurance 866,000 RE Taxes 2,662,950 Total Expenses $6,380,752 NOI $12,068,432 Phase 1 Phase 2 1094 Overall Regional Rate of Return 1095 Stabilized Value and Present Value Stabilized No TIF With TIF No TIF With TIF Stabilized NOI 12,173,317$ 12,173,317$ 12,068,432$ 12,068,432$ Divide by:Capitalization Rate 5.000%5.000%4.985%4.985% Stabilized Value 243,466,334$ 243,466,334$ 242,094,918$ 242,094,918$ Present Value Stabilized 225,016,026$ 225,016,026$ 222,613,960$ 222,613,960$ Phase I South Building Phase II North Building Purchase Investment Stable / Sale Present Value Stabilized Calculation 2024 2025 2026 2027 2028 2029 2030 -$22,580,243 -$208,156,600 $243,466,334 NPV @ 7.8%-$5,720,817 Cost $230,736,843 Present Value Stabilized $225,016,026 Phase 1 1096 Stabilized Value and Present Value Stabilized No TIF With TIF No TIF With TIF Stabilized NOI 12,173,317$ 12,173,317$ 12,068,432$ 12,068,432$ Divide by:Capitalization Rate 5.000%5.000%4.985%4.985% Stabilized Value 243,466,334$ 243,466,334$ 242,094,918$ 242,094,918$ Present Value Stabilized 225,016,026$ 225,016,026$ 222,613,960$ 222,613,960$ Phase I South Building Phase II North Building Phase 2 Purchase Investment Stable / Sale Present Value Stabilized Calculation 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 -$21,419,757 -$199,385,602 $242,094,918 NPV @ 7.8%$1,808,601 Cost $220,805,359 Present Value Stabilized $222,613,960 1097 GAP Analysis: Return on Cost without TIF No TIF With TIF No TIF With TIF TIF Amount -$ 33,840,000$ -$ 24,600,000$ Present Value of TIF -$ 22,839,185$ -$ 15,610,338$ Present Value Stabilized 225,016,026 225,016,026 222,613,960 222,613,960 Plus:Total Cost 230,736,843 230,736,843 220,805,359 220,805,359 Plus:Present Value of TIF - 22,839,185 - 15,610,338 Profit (5,720,817)$ 17,118,368$ 1,808,601$ 17,418,939$ Divide by:Total Cost 230,736,843 230,736,843 220,805,359 220,805,359 Return on Cost -2.5%7.4%0.8%7.9% RealtyRate-OAR Region Overall Regional Rate of R 7.8%7.8%7.8%7.8% Variance to OAR -10.28%-0.38%-6.98%0.09% Phase I South Building Phase II North Building Less: 1098 GAP Analysis: Return on Cost WITH TIF No TIF With TIF No TIF With TIF TIF Amount -$ 33,840,000$ -$ 24,600,000$ Present Value of TIF -$ 22,839,185$ -$ 15,610,338$ Present Value Stabilized 225,016,026 225,016,026 222,613,960 222,613,960 Plus:Total Cost 230,736,843 230,736,843 220,805,359 220,805,359 Plus:Present Value of TIF - 22,839,185 - 15,610,338 Profit (5,720,817)$ 17,118,368$ 1,808,601$ 17,418,939$ Divide by:Total Cost 230,736,843 230,736,843 220,805,359 220,805,359 Return on Cost -2.5%7.4%0.8%7.9% RealtyRate-OAR Region Overall Regional Rate of R 7.8%7.8%7.8%7.8% Variance to OAR -10.28%-0.38%-6.98%0.09% Phase I South Building Phase II North Building Less: 1099 GAP Analysis: Return on Cost WITH TIF Combined No TIF With TIF No TIF With TIF No TIF With TIF TIF Amount -$ 33,840,000$ -$ 24,600,000$ -$ 58,440,000$ Present Value of TIF -$ 22,839,185$ -$ 15,610,338$ -$ 38,449,524$ Present Value Stabilized 225,016,026 225,016,026 222,613,960 222,613,960 447,629,985 447,629,985 Plus:Total Cost 230,736,843 230,736,843 220,805,359 220,805,359 451,542,202 451,542,202 Plus:Present Value of TIF - 22,839,185 - 15,610,338 - 38,449,524 Profit (5,720,817)$ 17,118,368$ 1,808,601$ 17,418,939$ (3,912,217)$ 34,537,307$ Divide by:Total Cost 230,736,843 230,736,843 220,805,359 220,805,359 451,542,202 451,542,202 Return on Cost -2.5%7.4%0.8%7.9%-0.9%7.6% RealtyRate-OAR Region Overall Regional Rate of Re 7.8%7.8%7.8%7.8%7.8%7.8% Variance to OAR -10.28%-0.38%-6.98%0.09%-8.67%-0.15% Phase I South Building Phase II North Building Phase I + Phase II Less: 1100 ABRAMSON & ASSOCIATES, Inc. Real Estate and Public-Private Development Advisory Services 113 Chestnut Street / Newton, MA 02465 / tel: (617) 965-4545 / fax: (617) 965-5431 /www.abramsonassoc.com MEMORANDUM TO: Timothy Tack, P.E., Assistant Director Boynton Beach Community Redevelopment Agency FROM: Barry Abramson SUBJECT: Evaluation of a TIF Request for Town Square Residential/Mixed-Use Project (South and North Parcels) DATE: December 20, 2024 _______________________________________________________________________ EXECUTIVE SUMMARY This memorandum summarizes our evaluation of a Tax Increment Financing (TIF) request by Time Equities, Inc. for the above-referenced proposed project. The project is to occupy the blocks to the south and north of the City’s civic complex and is subject to a March, 2023 development agreement and parking lease between the developer and the City, specifying matters such as building program, timing, and arrangements for City parking. The project comprises two distinct projects to be built in two phases with a combined total of 898 rental apartments, 23,594 square feet of retail space and 2,039 garage parking spaces. 473 spaces are to be allocated to the City – 363 for the City’s exclusive use and 110 on a non-exclusive basis for the City’s use between 7:30 AM and 6:30 PM on weekdays. The proposal calls for the first phase project, to be built on the South parcel, to start construction no later than July 1, 2026 (versus May 1, 2030 in the current development agreement)1. This phase has an estimated total development cost of $236,000,000 (in $2024 2) and includes 465 apartments, 6,686 square feet of retail space and a 1,005-space garage, of which 224 spaces are allocated to the City – 171 exclusive and 53 non-exclusive. The second phase project, to be built on the North parcel, is proposed to start construction by July 1, 2032 (versus no required start date in the current development agreement). This phase, estimated to cost $235,000,000 (in $2024), is to include 433 apartments, 16,908 square feet of retail space and a 1,034-space garage, of which 249 spaces are to be allocated to the City – 192 exclusive and 57 non-exclusive. The developer requests a two-phase TIF award to fill the gap caused by currently challenging market conditions including increases in construction costs, operating expenses and particularly interest rates. The requested award is $20,000,000 for Phase 1 and $15,200,000 for Phase 2 in the form of 95% of the total tax increment revenue, i.e. 100% of the CRA 1 The required construction completion date in both the current agreement and developer’s proposal would be 24 months following the required construction start date 2 In today’s dollars if construction were to start at report date 1101 2 share, generated by each project until the total amounts for each phase are reached, anticipated to be in approximately ten years for Phase 1 and seven years for Phase 2. The proposed awards would yield a leverage on private investment ($2024) of almost 12:1 and 16:1, respectively. Based upon our evaluation, we consider the developer’s assumptions, generally, to be in a range of reasonableness and that, in the current development market, the project has a feasibility gap that would justify the requested TIF awards, subject to the qualifications discussed below and more fully later in this transmittal. It is important to note that relatively small variations in assumptions and/or improvements in the development market over the time prior to construction financing could significantly reduce or, possibly, eliminate the need for subsidy. While this applies to Phase 1, which would be required to start construction within one and a half years, it is a particular concern relative to Phase 2, which, likely, would not start construction until significantly later. Accordingly, the CRA may wish to consider granting a TIF award only for Phase 1 and having the developer return for an evaluation of need at such time as the construction start and development economics of Phase 2 come into clearer focus, so as to lessen the chance of providing TIF funding not actually required for feasibility. Whether TIF is awarded for one or both phases, the CRA may wish to explore structuring opportunities that might result in reducing the TIF award should construction and/or other development costs ultimately come in lower than preliminary estimates or other development market conditions improve prior to construction start. CRA incremental revenues from the Phase 1 project after the proposed TIF rebate are estimated at approximately $2,400,000 in 2039 and to total $15,600,000 through the CRA sunset in 2044, with a present value at January, 2025 estimated at $7,900,000. The City is estimated to receive total incremental tax revenues from the Phase 1 project of $111,000,000 over 50 years of the property’s operation (i.e. through 2078). As these revenues would be primarily back-loaded, following the CRA sunset, their present value as of January, 2025 is estimated at only $1,900,000. Should the proposed TIF award be made for Phase 2, the financial effect to the CRA would vary based on its timing. If construction were to commence three years following that of Phase 1, so the two TIF rebates would end at the same time, the financial effect to the CRA and City would be approximately the same as that estimated for Phase 1. 1102 3 PUBLIC BENEFITS In addition to TIF and tax revenue, the developer asserts the project would provide the following direct public benefits: • The value of the parking spaces to be allocated to the City o The developer attributes a value based on the cost the City would incur if it were to develop them of $12,300,000 in Phase 1 and $13,700,000 in Phase 2 o We adjust the capital value at $10,400,000 for Phase 1 and $11,600,000 for Phase 2 after accounting for the lower proportionate allocated usage of the non-exclusive spaces o The developer also claims parking revenues the City would realize from these spaces (which we estimate after operating expenses at $278,000 ($2024) for Phase 1 and somewhat more for Phase 2) as a benefit though consideration of net revenues would be a double counting with capital value o It is also noted that the developer is obligated to continue to provide surface parking for the City on the North parcel until the City parking in the Phase 1 project is available o See section on public parking starting on at page 13 • Payment to the Workforce Housing Fund of $2,250,000 per phase o While this is a required compensation for the project being allowed higher density, it certainly is a benefit provided by the project • Impact and other fees totaling $13,800,000 split approximately evenly between the two phases o This includes the required public art fee of $1,000,000 front-loaded in Phase 1 o More than half of this amount is attributable to the county o Relative to the remainder, the City is the best judge of the extent, if any, they would yield a net financial benefit rather than simply offsetting actual City costs attributable to the development • Streetscape improvements of $3,000,000 split between the two phases o The CRA and City are best positioned to determine the extent to which these improvements are standard or above and beyond the normal requirements and customary contributions of a project of this nature. • Settlement payment of $5,000,000 to City which was made by the previous owner from the proceeds of its sale of the land to TEI o While this pass-through payment benefited the City, it compensation that has already realized by the City, not conditioned on the project proceeding due to a TIF award 1103 4 In addition to direct impacts, the project would generate indirect impacts in the form of employment and economic activity, i.e. spending in the local and regional economy during and post-construction. An economic and fiscal impact analysis performed on behalf of the developer by Fishkind Litigation Services estimates that the two-phase project would generate 426 full-time equivalent (FTE) jobs and $38,000,000 in economic activity during construction and 340 FTE jobs and $34,000,000 of spending annually following completion. However, the report does not provide an estimate of how much of this would be spent in Boynton Beach, which is the chief concern of the CRA and City. Finally, a major public benefit of the project will be completing the City and CRA’s vision for Town Square, creating an attractive and vibrant focal point for civic life. EVALUATION OF PROJECT NEED FOR THE TIF AND FINANCIAL EFFECT TO CRA AND CITY We evaluated the developer’s pro forma, researched and reviewed publicly available market data and insights, held conversations with the developer and its advisor(s), drew upon input from the Palm Beach County Property Appraiser’s office and knowledgeable market participants, and analyzed the project’s economics based upon the above and our experience. The developer estimates that in order to finance the Phase 1 project under current market conditions, it will need an annual TIF rebate of approximately $2,000,000 annually in order to achieve a “trended” return on cost of 6.5% and for this TIF rebate to continue for ten years (for a total of $20,000,000) through the term of an initial permanent financing, with the anticipation that revenues can rise above standard inflation estimate to offset the expiration of the TIF rebate at that time. A similar set of assumptions underlies the developer’s request for a $15,200,000 TIF award for the Phase 2 project, though the approximately $2,000,000 annual TIF rebate would be provided over approximately seven years. It is noted that the developer’s TIF award requests are significantly less than the amounts estimated to be required in a June, 2024 report by Fishkind Litigation Services – $34,000,000 for Phase 1 and $24,000,000 for Phase 2. The present evaluation is based on the analysis of updated pro forma information provided by the developer, as this is the basis for the developer’s TIF proposal and includes many assumptions that have been refined in the six months since the Fishkind analysis. Trended return on cost is the net operating income of the project (prior to debt) expressed in future/inflated dollars divided by the total development cost. Note, this is different from an “untrended” return on cost in which stabilized net operating income in today’s uninflated dollars is divided by the development cost. We consider untrended return on cost to be an appropriate metric to estimate feasibility/required gap. This is a common measure of development feasibility and 1104 5 profitability. It has the advantages of: being simple, avoiding the vagaries of particular debt and equity financing arrangements (while, inherently, accounting for them in a generalized market-wide way); avoiding speculation about inflation; and being a parameter for which participants in the real estate market are able to provide general market norms (which, of course, should be considered in light of the particulars of the specific location and project). We consider a 6.0% untrended return on cost to be reasonable in the current development market, assuming escalation of operating cash flow at a reasonable constant inflation rate. This return on cost is higher than what would have been required at the peak of the market a couple of years ago. Required rates of return may decrease over time if and when interest rates for development financing decrease as a result of reductions in treasury bond interest rates, though there are various factors that might not necessarily result in this being a one:one relationship. We note that long term rates, which had been gradually declining over the past year, have recently edged up slightly. A slight variation in the required return on cost would have significant implications for the required subsidy amount, as would variations in development cost or elements of net operating income. Trended return on cost, used by the developer as a threshold for feasibility/financeability, adds the vagary of inflation, but is also a valid measure, understanding that it would need to be higher than the untrended return. Accordingly, our analysis estimates both trended and untrended return on cost – the former, as it is the threshold metric proposed by the developer, and the latter, as a check. Our evaluation of the developer’s Phase 1 assumptions revealed the following major points: • Estimated development costs of $507,000 per unit are higher than we have seen on recent projects, but this is, to a significant extent, due to cost premiums including the added cost of the large number of City parking spaces being provided, the high land price, and the Work Force Housing Contribution. • The relatively high construction cost is based on an estimate by an experienced construction company, though this warrants review upon more refined cost estimation and contracting. • Revenue estimates, based primarily on apartment rents at $3.25 per square foot in $2024, are within the range of reasonableness • Real estate tax estimates were prepared by a third party consultant specializing in this area and equate to a taxable assessed value of $317,000 per unit in $2024, which is reasonable relative to valuation of comparable properties • Operating expenses, prior to taxes and direct assessments, at $9,300 per unit and 23% of effective gross income are higher than what we’ve seen estimated for other projects, but have been estimated by an experienced third party property manager and are consistent with the operating experience of a similar property in the market 1105 6 owned by the developer, reflecting the generally accepted understanding that expenses have been increasing at a challenging rate. • The assumed 3% annual inflation applied to revenues and expenses in the trended analysis is considered reasonable. Based on the above, we consider the developer’s assumptions, generally, to provide a reasonable basis for assessing the property’s financial performance, while noting that relatively small variations within the range of reasonableness of these elements of the pro forma can have a dramatic impact on the amount of subsidy required. We made various adjustments to the pro forma, the primary ones being: • We accepted the developer’s revised estimate of the number of parking spaces available for rental to tenants as second spaces at 231. • We added some parking revenue attributable to evening and weekend usage of the 53 non-exclusionary spaces the private owner would control at those times at an average of $3.00 per day. • We incorporated our preliminary estimate of the City’s operating expense payment ($150,000 in $2024) which was not included in the developer’s pro forma • We incorporated the 2024 millage rates • We excluded direct assessments from the amount subject to Tax Increment Financing, reducing the TIF amount Based on the above, our analysis of Phase 1, presented on the following page, indicates a trended return on cost of 5.73% without the TIF. With the addition of the TIF rebate, equaling an estimated $1,768,000 in 2029, the trended return on cost is 6.48%. close to the developer’s 6.5% target. The corresponding untrended return on cost at 4.94% without the TIF and 5.59% with the TIF, which is $1,525,000 in $2024. Note that the untrended return is significantly lower than the 6.0% we would normally consider to be the target threshold. The developer’s expectation that it can finance the project at this rate of return is assumed to be based upon the anticipation that revenues may rise in the near- and/or long-term above the average annual 3% increase assumed in the analysis, or, perhaps, finding efficiencies in construction or other development costs, operating expenses, or financing rates which could lift the return. Our TIF analysis, presented later in this transmittal, estimates CRA incremental revenues from the Phase 1 project after the proposed TIF rebate at $2,400,000 in 2039 and to total $15,600,000 through the CRA sunset in 2044, with a present value at January, 2025 estimated at approximately $7,900,000, based on a 4% discount rate. 1106 7 The City is estimated to receive total incremental tax revenues from the Phase 1 project of $111,000,000 over 50 years of the property’s operation (i.e. through 2078). As these revenues would be primarily back-loaded, following the CRA sunset, their present value as of January, 2025 is estimated at only $1,900,000. A discount rate of 4.0% was applied to revenues during the initial period prior to CRA sunset and a 6.0% discount rate was applied to revenues in following years, given greater uncertainty re. market conditions and the property at that point no longer being positioned as a newer prime property in the marketplace. Financial Feasibility/Gap Analysis Untrended $2024 Trended $2029 Development Cost 3.0%annual inflation Acquisition Cost $22,000,000 $22,000,000 Total Hard Costs $153,000,000 $153,000,000 $60,873,244 $60,873,244 Total Development Cost $235,873,244 $235,873,244 Stabilized Operating Income Apartment Rental $17,478,474 $20,262,342 Parking (2nd Space) Rental & Nonexclusive Meter Rev $335,235 $388,629 Other Residential Income $1,709,630 $1,981,930 Gross Potential Residential Revenue $19,523,339 $22,632,901 Less Vacancy ($976,167)($1,131,645) Residential Effective Gross Income $18,547,172 $21,501,256 Retail Rent (after 5% vacancy)$222,310 $257,718 Effective Gross Income $18,769,482 $21,758,973 Operating Expenses Excluding Taxes & Direct Assessmts $4,335,080 $5,025,546 Direct Assessments $90,250 $104,625 RE Tax after 4% early payment discount $2,838,660 $3,290,785 Total Tax & Operating Expenses $7,263,990 $8,420,956 Less City Payment for Share Garage Operating Expenses ($150,000)($173,891) Total Tax & Operating Expenses $7,113,990 $8,247,065 Net Operating Income $11,655,491 $13,511,909 Required Subsidy Analysis Without Subsidy With Subsidy Without Subsidy With Subsidy Net Operating Income Before TIF Rebate $11,655,491 $11,655,491 $13,511,909 $13,511,909 Plus TIF Rebate $0 $1,525,415 $0 $1,768,374 Adjusted NOI with TIF $11,655,491 $13,180,906 $13,511,909 $15,280,283 Development Cost $235,873,244 $235,873,244 $235,873,244 $235,873,244 4.94%5.59%5.73%6.48% Soft & Other Costs (Incl Predev, Dev OH&Fee, Impact & Other Fees, Owner Hard Contingency, TI, Financing Costs, Lease-Up) The estimated development cost, operating income and tax and incremental TIF revenues of Phase 2 nearly mirror that of Phase 1, as would the nature and annual amount of the developer’s proposed annual TIF rebate. Accordingly, the annual financial need estimated for Phase 1 would also apply to Phase 2, assuming a continuation of current market conditions. The developer’s request for only seven years of TIF rebate for Phase 2 reflects its expectation that rents will have risen above standard inflation by the rebate period, which would likely be approximately the same time as or later than the end of Phase 1’s ten-year TIF period. 1107 8 If construction were to start in three years following Phase 1’s construction start – say mid- 2029 (which is three years before Phase 2’s outside construction start date), the TIF would expire at approximately the same time as Phase 1, resulting in financial effects to the CRA and City of comparable amounts as generated by Phase 1. If TIF Not Awarded As the CRA considers this TIF request, an obvious question is what will happen if it is not granted to both phases or only granted to Phase 1. There is a possibility that, in the coming year and half prior to the Phase 1 outside construction start date, the private development market will recover its equilibrium based on some combination of financing rates coming down somewhat, construction costs stabilizing, and rents increasing to a level that supports new development, as has been the case in past boom and bust cycles in Southeast Florida, which have shown the resiliency of the market. In that event, there would be a reasonable chance that the developer could be able to make the project work without a TIF, enabling the CRA to realize all the incremental revenue over that period. Of course, this is a hypothetical. There is no guaranty when the development market will recover. Whether or not the present value of incremental revenues to the CRA and City would be significantly higher than if the developer can proceed with the project in the near term under the proposed agreement would be a function of the level of risk ascribed to the hypothetical in terms of a discount rate, which would be a subjective determination. Relative to Phase 2, the developer contends that securing the TIF award for this phase well in advance of its likely construction start would enhance its financing efforts and increase the chance of it starting Phase 2 earlier. As a practical matter, given the large number of units to be absorbed in Phase 1, it is highly questionable whether the developer would start Phase 2 construction before completion of Phase 1, i.e. before mid-2028. It would be exceedingly speculative to predict development market conditions that far in advance. The market may still be in need of TIF subsidy of some amount, which might or might not be the amount being proposed to be locked in now, but it also may have returned to equilibrium, not requiring TIF. POSSIBLE STRUCTURING CONCEPTS If the CRA decides to award a TIF at this time for Phase 2, it might consider significantly tightening the outside construction start date, perhaps to mid-2027, to provide a real spur to full development happening sooner than it might otherwise. This date would be doable with Phase 1 construction likely starting prior to the outside date and its garage being available for City parking in advance of interior construction of residential/commercial space to accommodate the shift of City parking from the North parcel. 1108 9 If the CRA decides to grant a TIF to one or both phases, it may wish to explore options for structuring the award so the amount may be reduced in the event it proves not to be fully needed – at the time the construction contract and financing are secured, upon completion of construction, and/or during operations. Developers and financing sources, understandably, would prefer surety and simplicity – a guaranteed award without any adjustments. Still, with so much money at stake, development factors subject to verifiable refinement, and a development market that may show improvement over the near term, and considered more likely than not, over the next few years the developer proposes the TIF allow for it to start construction of Phase 2, there may be opportunities to adjust the TIF without unduly hamstringing the developer’s financing efforts, as has been accomplished in other public-private deals. It would be essential to make any adjustments subject to verifiable improvements in the project’s economics so that the developer and financing sources could be assured such adjustment would not impact targeted threshold rate of return. Especially given anticipated (albeit not guaranteed) improvements in development market factors, there may be some adjustments that might not take effect if construction starts in the near term – say the six – twelve months following TIF approval, but could kick in if the project does not start till later in the proposed allowed timeframes. A few concepts that could be explored with the developer are: • Reduce TIF award by amount (or percentage thereof) if actual construction cost (with agreed upon escalation adjustment) is less than currently estimated. This can be determined upon construction contracting and, again, at completion of construction. • Reduce TIF award by amount (or percentage thereof) if actual permit fees and other exactions are less than current estimates, which have not been verified at this time. • Adjust above for costs impacted by reduction in construction and permit costs. • Reduce TIF award by some negotiated factor relative to some verifiable measure of financing rates or treasury bond yields which would impact market required rate of return on cost. • Adjust TIF award on ongoing basis by means of a participation in excess return in cash flow and capital events. 1109 Town Square Phase 1 - South Parcel Year of operation:1 2 3 4 5 6 7 8 PROPOSED TIF INCENTIVE CASH FLOW Calendar Year:2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Annual Escalation Rate:0.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0% Taxable Value Prior to Redevelopment Improvements - $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Land 11,425,000 $11,767,750 $12,120,783 $12,484,406 $12,858,938 $13,244,706 $13,642,047 $14,051,309 $14,472,848 $14,907,034 $15,354,245 Total $11,425,000 $11,767,750 $12,120,783 $12,484,406 $12,858,938 $13,244,706 $13,642,047 $14,051,309 $14,472,848 $14,907,034 $15,354,245 Ad Valorem Taxes Prior to Development Improvements - $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Land 220,011 $226,612 $233,410 $240,413 $247,625 $255,054 $262,705 $270,586 $278,704 $287,065 $295,677 Total 220,011 $226,612 $233,410 $240,413 $247,625 $255,054 $262,705 $270,586 $278,704 $287,065 $295,677 Estimated Assessed/Taxable Value of Completed Project $147,409,059 $151,831,330 $156,386,270 $161,077,858 $165,910,194 $170,887,500 $176,014,125 $181,294,549 $186,733,385 $192,335,387 $198,105,448 pre-construction pre-construction preconstrn/constrn construction constr/pre-stablztn % Valuation of Completed Stabilized Project (if 0%, Prior AV)0%0%0%0%0%100%100%100%100%100%100% Taxable Value of Project $11,425,000 $11,767,750 $12,120,783 $12,484,406 $12,858,938 $170,887,500 $176,014,125 $181,294,549 $186,733,385 $192,335,387 $198,105,448 Est RE Tax After Development $2,838,660 $2,923,820 $3,011,534 $3,101,880 $3,194,937 $3,290,785 $3,389,508 $3,491,193 $3,595,929 $3,703,807 $3,814,921 Project Incremental Value $0 $0 $0 $0 $0 $157,642,794 $162,372,078 $167,243,240 $172,260,537 $177,428,353 $182,751,204 City TIF Contribution @ Millage Rate =7.80 $0 $0 $0 $0 $0 $1,121,408 $1,155,050 $1,189,702 $1,225,393 $1,262,154 $1,300,019 County Contribution @ Millage Rate =4.50 $0 $0 $0 $0 $0 $646,966 $666,375 $686,366 $706,957 $728,166 $750,011 TIF Revenue Created by Project 12.30 $0 $0 $0 $0 $0 $1,768,374 $1,821,425 $1,876,068 $1,932,350 $1,990,320 $2,050,030 0.61 TIF Award @ Award Factor =100%$0 $0 $0 $0 $0 $1,768,374 $1,821,425 $1,876,068 $1,932,350 $1,990,320 $2,050,030 Cummulative of Above $0 $0 $0 $0 $1,768,374 $3,589,799 $5,465,867 $7,398,216 $9,388,537 $11,438,567 $0 $0 $0 $0 $1,768,374 $1,821,425 $1,876,068 $1,932,350 $1,990,320 $2,050,030 @ Award Factor % up to Total $ Amount 100%$20,000,000 $0 $0 $0 $0 $1,768,374 $1,821,425 $1,876,068 $1,932,350 $1,990,320 $2,050,030 NPV to TCO - 1/1/27 @ 4.0%$14,888,000 NPV to 1/1/25 @ 4.0%$13,764,000 Total Remaining with CRA $15,645,000 $0 $0 $0 $0 $0 $0 $0 $0 NPV to TCO - 1/1/27 @ 4.0%$8,531,000 NPV to 1/1/25 @ 4.0%$7,887,000 5% of City Operating Millage Retained by City *$1,782,000 $0 $0 $88,419 $91,071 $93,803 $96,617 $99,516 $102,501 NPV to TCO - 1/1/27 @ 4.0%$1,171,000 NPV to 1/1/25 @ 4.0%$1,083,000 City Tax After CRA Sunset @ City Millage *7.80 109,355,000 $0 $0 $0 $0 $0 $0 $0 $0 NPV to TCO - 1/1/27 @ 6.0%$966,000 NPV to 1/1/25 @ 6.0%$860,000 Total City Before & After CRA Sunset $111,137,000 NPV to TCO - 1/1/27 @ $2,137,000 NPV to 1/1/25 @ $1,943,000 * Not including City Operating Millage on base (pre-project) value Total Tax Millage 20.0594 Early payment discount 4% TIF Revenue = 95% of Project Increment x (City + County Millage) less 4% early payment discount Proposed Incentive Award = Award Factor x TIF Revenue created by Project 1110 11 Town Square Phase 1 - South Parcel Year of operation:9 10 11 12 13 14 15 16 17 18 19 PROPOSED TIF INCENTIVE CASH FLOW Calendar Year:2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 Annual Escalation Rate:3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0%3.0% Taxable Value Prior to Redevelopment Improvements $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Land $15,814,872 $16,289,318 $16,777,998 $17,281,338 $17,799,778 $18,333,771 $18,883,784 $19,450,298 $20,033,807 $20,634,821 $21,253,865 Total $15,814,872 $16,289,318 $16,777,998 $17,281,338 $17,799,778 $18,333,771 $18,883,784 $19,450,298 $20,033,807 $20,634,821 $21,253,865 Ad Valorem Taxes Prior to Development Improvements $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Land $304,547 $313,684 $323,094 $332,787 $342,771 $353,054 $363,645 $374,555 $385,791 $397,365 $409,286 Total $304,547 $313,684 $323,094 $332,787 $342,771 $353,054 $363,645 $374,555 $385,791 $397,365 $409,286 Estimated Assessed/Taxable Value of Completed Project $204,048,612 $210,170,070 $216,475,172 $222,969,427 $229,658,510 $236,548,266 $243,644,714 $250,954,055 $258,482,677 $266,237,157 $274,224,272 % Valuation of Completed Stabilized Project (if 0%, Prior AV)100%100%100%100%100%100%100%100%100%100%100% Taxable Value of Project $204,048,612 $210,170,070 $216,475,172 $222,969,427 $229,658,510 $236,548,266 $243,644,714 $250,954,055 $258,482,677 $266,237,157 $274,224,272 Est RE Tax After Development $3,929,369 $4,047,250 $4,168,668 $4,293,728 $4,422,539 $4,555,216 $4,691,872 $4,832,628 $4,977,607 $5,126,935 $5,280,743 Project Incremental Value $188,233,740 $193,880,752 $199,697,175 $205,688,090 $211,858,733 $218,214,495 $224,760,929 $231,503,757 $238,448,870 $245,602,336 $252,970,406 $1 City TIF Contribution @ Millage Rate =7.80 $1,339,020 $1,379,190 $1,420,566 $1,463,183 $1,507,078 $1,552,291 $1,598,859 $1,646,825 $1,696,230 $1,747,117 $1,894,242 County Contribution @ Millage Rate =4.50 $772,511 $795,687 $819,557 $844,144 $869,468 $895,552 $922,419 $950,091 $978,594 $1,007,952 TIF Revenue Created by Project 12.30 $2,111,531 $2,174,877 $2,240,123 $2,307,327 $2,376,547 $2,447,843 $2,521,278 $2,596,917 $2,674,824 $2,755,069 $1,894,242 0.61 TIF Award @ Award Factor =100%$2,111,531 $2,174,877 $2,240,123 $2,307,327 $2,376,547 $2,447,843 $2,521,278 $2,596,917 $2,674,824 $2,755,069 $1,894,242 Cummulative of Above $13,550,097 $15,724,974 $17,965,097 $20,272,424 $22,648,970 $25,096,813 $27,618,091 $30,215,008 $32,889,832 $35,644,901 $37,539,143 $2,111,531 $2,174,877 $2,240,123 $2,307,327 $0 $0 $0 $0 $0 $0 $0 @ Award Factor % up to Total $ Amount 100%$20,000,000 $2,111,531 $2,174,877 $2,240,123 $2,034,903 $0 $0 $0 $0 $0 $0 $0 NPV to TCO - 1/1/27 @ 4.0%$14,888,000 0% NPV to 1/1/25 @ 4.0%$13,764,000 Total Remaining with CRA $15,645,000 $0 $0 $0 $272,424 $2,376,547 $2,447,843 $2,521,278 $2,596,917 $2,674,824 $2,755,069 NPV to TCO - 1/1/27 @ 4.0%$8,531,000 NPV to 1/1/25 @ 4.0%$7,887,000 5% of City Operating Millage Retained by City *$1,782,000 $105,577 $108,744 $112,006 $115,366 $118,827 $122,392 $126,064 $129,846 $133,741 $137,753 NPV to TCO - 1/1/27 @ 4.0%$1,171,000 NPV to 1/1/25 @ 4.0%$1,083,000 City Tax After CRA Sunset @ City Millage *7.80 109,355,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,894,242 NPV to TCO - 1/1/27 @ 6.0%$966,000 NPV to 1/1/25 @ 6.0%$860,000 Total City Before & After CRA Sunset $111,137,000 NPV to TCO - 1/1/27 @ $2,137,000 NPV to 1/1/25 @ $1,943,000 * Not including City Operating Millage on base (pre-project) value Total Tax Millage 20.0594 Early payment discount 4% TIF Revenue = 95% of Project Increment x (City + County Millage) less 4% early payment discount Proposed Incentive Award = Award Factor x TIF Revenue created by Project 1111 12 PUBLIC PARKING The Phase 1 project is proposed to include 224 spaces to be allocated to the City – 171 for its exclusive use and 53 for the City’s use between 7:30 AM and 6:30 PM on weekdays. Note, the proposed number of non-exclusive use and total spaces are 12 less than specified in the lease, with that amount to be made up in the second phase, representing a proposed revision to the lease. The Phase 2 project is proposed to include 249 spaces allocated to the City – 192 on an exclusive basis and 57 for its use during the above-specified hours. Note, the non-exclusive and total proposed for Phase 1 are 12 less than the number specified in the lease, with that amount to be made up in the second phase, representing a proposed revision to the lease. The developer attributes a value to the CRA for the public spaces based on capital cost (including land, hard and soft costs) if the CRA or City were to develop a garage of $55,000 per space and applies this to the total number of exclusive and non-exclusive use City spaces for a total of $26,000,000 – $12,300,000 for the Phase 1 project and $13,700,000 for Phase 2. The above and following estimates in this section are expressed in $2024. Adjusting the attributed value of the non-exclusive spaces using the ratio (33%) specified in the lease for calculating the City’s operating expenses (see following paragraph), yields an attributed value of $10,400,000 for the Phase 1 project and $11,600,000for Phase 2 for a total of $22,000,000. As specified in the lease, the private project owner will retain ownership and responsibility for managing, operating and maintaining the spaces. The City shall be entitled to all revenue from the spaces under its control and pay a proportionate share of garage operating expenses. For purposes of the latter, the number of City spaces is defined as 100% of the exclusive spaces plus 33% of the non-exclusive spaces (33% based on the number of hours per week of City control divided by total hours per week). Operating expenses attributable to the garage are defined as including real estate taxes. The developer proposes an allocation of proportionate garage operating expenses for Phase 1 of $216,000 ($335,000 less proportionate share of the TIF rebate) and $219,000 ($343,000 less proportionate share of TIF rebate) for Phase 2. The determination of the percentage of the project’s operating costs attributable to the garage should be the subject of a detailed analysis, but, generally, the developer’s proposed allocation of operating expenses other than insurance and property taxes pass a preliminary test of reasonableness. However, the developer’s basing the allocation of the total property’s insurance and taxes attributable to the garage on its proportionate share of the overall project gross square footage (37% in Phase 1) is not considered to be reasonable. These expenses are based on factors including replacement cost and value and, clearly, a square foot of finished residential/commercial space would have a considerably higher replacement cost and value than a square foot of garage. 1112 13 Prior to more detailed analysis, we consider a reasonable basis (at least a starting point) for allocating these costs would be the hard cost attributable to each of these components. The developer has suggested garage hard cost might be in the range of $25,000 - $30,000 per space. Applying the high end of this range to the effective number of City spaces and dividing this by the developer’s estimated total hard cost for the project yields a percentage of 19.7% for Phase 1. Real estate tax and TIF rebate are also adjusted based on our estimates. These adjustments result an operating cost allocation to the City for Phase 1 of $150,000 ($206,000 less proportionate share of the TIF rebate). The developer’s and adjusted estimates for Phase 1 are presented on the following page. The operating expense payment for Phase 2 would be a similar amount. A conversation with the County property appraiser did not provide clear direction as to whether or not taxable value would be assessed against the City spaces. This is a matter that likely may not be determined until after the appraiser gives the valuation of this property serious consideration upon its completion. If taxable value is not attributed to the City spaces, the above ratios and the tax portion would be less than presented above – at least to the extent that the relative share of the project’s taxes attributable to the garage would be lower. If the CRA decides to grant the TIF it would be an opportunity to amend the lease to eliminate real estate taxes from the calculation of the City’s pro rata share of garage operating costs in the event that it can be established that the County property appraiser is not considering the City spaces in its calculation of assessed taxable value. Parking revenue generated by the City spaces would offset at least some and possibly all of the pro rata operating cost obligation, potentially yielding significant net revenues. The developer has provided illustrative estimates of parking revenue that the City might realize assuming $2,500 per space per year applied only to the exclusive use spaces, which would yield annual revenues of $428,000 in Phase 1 and $480,000 in Phase 2. If this level of revenue were to be realized, and assuming the above-estimated adjusted operating expense payment, the City spaces would generate an annual net revenue after expense payment of $278,000in Phase 1 and somewhat more in Phase 2. A qualified parking consultant could estimate demand and parking revenues 1113 14 City Garage OpEx Payment Phase 1 $2024 DEVELOPER ESTIMATE City Spaces Total Effective Exclusive Spaces 171 171 Non-Exclusive Spaces 33%53 17 Total 224 188 Share of total 1005 18.76%City $ /City $ / Total Effective Total Op Ex Garage %Garage $City%City $City Space City Space Marketing 178,000 0%- 18.8%- - - Salaries/Benefits 965,000 10%96,500 18.8%18,099 81 96 Utilities 610,000 20%122,000 18.8%22,881 102 121 Maintenance Contracts/Grounds 375,000 10%37,500 18.8%7,033 31 37 Repairs & Maintenance 210,000 10%21,000 18.8%3,939 18 21 Turnover/Leasing Costs 97,650 0%- 18.8%- - - Conceirge/Security 95,000 5%4,750 18.8%891 4 5 Administrative Expenses 405,000 5%20,250 18.8%3,798 17 20 Management Fee 406,071 10%40,607 18.8%7,616 34 40 Property Insurance 1,023,000 37.1%379,773 18.8%71,227 318 378 Total before RE Taxes 4,364,721 16.6%722,380 18.8%135,484 605 719 RE Taxes 2,859,750 37.1%1,061,638 18.8%199,113 889 1,056 Total before TIF Rebate 7,224,471 24.7%1,784,018 18.8%334,597 1,494 1,775 TIF Rebate 60%(1,715,850) 37.0%(634,865) 18.8%(119,070) (532) (632) Total Operating Expenses 5,508,621 20.9%1,149,153 18.8%215,526 962 1,143 City Garage OpEx Payment Phase 1 $2024 ADJUSTED ESTIMATE City Spaces Total Effective Exclusive Spaces 171 171 Non-Exclusive Spaces 33%53 17 Total 224 188 Share of total 1005 18.76%City $ /City $ / Total Effective Total Op Ex Garage %Garage $City%City $City Space City Space Marketing 178,000 0%- 18.8%- - - Salaries/Benefits 965,000 10%96,500 18.8%18,099 81 96 Utilities 610,000 20%122,000 18.8%22,881 102 121 Maintenance Contracts/Grounds 375,000 10%37,500 18.8%7,033 31 37 Repairs & Maintenance 210,000 10%21,000 18.8%3,939 18 21 Turnover/Leasing Costs 97,650 0%- 18.8%- - - Conceirge/Security 95,000 5%4,750 18.8%891 4 5 Administrative Expenses 405,000 5%20,250 18.8%3,798 17 20 Management Fee 376,430 10%37,643 18.8%7,060 32 37 Property Insurance*1,023,000 19.7%201,591 18.8%37,809 169 201 Total before RE Taxes 4,335,080 12.5%541,234 18.8%101,510 453 539 RE Taxes*2,838,660 19.7%559,383 18.8%104,914 468 557 Total before TIF Rebate 7,173,740 15.3%1,100,617 18.8%206,423 922 1,095 TIF Rebate*(1,525,415) 19.7%(300,596) 18.8%(56,378) (252) (299) Total Operating Expenses 5,648,325 14.2%800,021 18.8%150,046 670 796 * % Allocation of Project Insurance, RE Tax and TIF Rebate to Garage based on Garage hard cost @ $30,000 per space =$30,150,000 19.7% divided by total project hard cost $153,000,000 1114 15 ASSUMPTIONS AND LIMITING CONDITIONS • Information provided by others for use in this analysis is believed to be reliable, but in no sense is guaranteed. All information concerning physical, market or cost data is from sources deemed reliable. No warranty or representation is made regarding the accuracy thereof, and is subject to errors, omissions, changes in price, rental, or other conditions. • The Consultant assumes no responsibility for legal matters nor for any hidden or unapparent conditions of the property, subsoils, structure or other matters which would materially affect the marketability, developability or value property. • The analysis assumes a continuation of current economic and real estate market conditions, without any substantial improvement or degradation of such economic or market conditions except as otherwise noted in the report. • Any forecasts of the effective demand for space are based upon the best available data concerning the market, but are projected under conditions of uncertainty. • Since any projected mathematical models are based on estimates and assumptions, which are inherently subject to uncertainty and variation depending upon evolving events, The Consultant does not represent them as results that will actually be achieved. • The report and analyses contained therein should not be regarded as constituting an appraisal or estimate of market value. • The analysis was undertaken to assist the client in evaluating and strategizing the potential transaction discussed in the report. It is not based on any other use, nor should it be applied for any other purpose. • Possession of this report or any copy or portion thereof does not carry with it the right of publication nor may the same be used for any other purpose by anyone without the previous written consent of the Consultant and, in any event, only in its entirety. • The Consultant shall not be responsible for any unauthorized excerpting or reference to this report. • The Consultant shall not be required to give testimony or to attend any governmental hearing regarding the subject matter of this report without agreement as to additional compensation and without sufficient notice to allow adequate preparation. 1115 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 NEW BUSINESS AGENDA ITEM 15.D SUBJECT: Discussion and Consideration of the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach CRA for Providing Reimbursement for the Construction Costs of the Neighborhood Officer Policing Program Location located within the Boynton Beach Community Redevelopment Area SUMMARY: At the October 12, 2021, CRA Board meeting, the Board approved the relocation of the Neighborhood Officer Policing (NOP) Program office from the Ocean Breeze East Apartments to the E. MLK Jr. Boulevard Commercial portion of the mixed-use project (see Attachment I). The CRA Board approved the Development Agreement and subsequent First and Second Amendments between the CRA and Centennial Management Corp. (CMC)/Wells Landing Apartments, LLC (d/b/a Heart of Boynton Shops) for the commercial component (see Attachments II-IV). The mixed use project consists of 124 affordable multi-family rental apartments and 8,250 square foot of neighborhood serving uses within three buildings on both sides of MLK Jr. Boulevard. The residential portion of the project was completed in July 2024. As defined in the Development Agreements, Unit 8 is a 1,055 square foot rent-free space dedicated to the CRA's NOP Program. As indicated in the First Amendment to the Development Agreement, the CRA has committed $100,054 towards the design and construction of the NOP Office (see Attachment III - Section 4.a.). More specifically, $25,000 towards the design and $75,054 towards the construction. At the May 9, 2024 CRA Board Meeting and May 16, 2024 City Commission Meeting, Resolution 23-064 was approved (see Attachment V) authorizing the City to enter into a lease agreement with CMC. The ILA also allows the CRA to reimburse CMC for the build-out of the NOP Office and allow the CRA to reimburse the City for the monthly operational expenses outlined in the lease. The lease will be between the City and CMC since the lease term will survive the CRA sunset in 2044. The lease contains the following terms: Location: 117 E. MLK Jr. Boulevard 201, Unit 8 Size: 1,055 square foot Use: Neighborhood Officer Program Office 1116 •Attachment I - October 12, 2021 CRA Board Meeting Minutes •Attachment II - Executed Development Agreement •Attachment III - Executed First Amendment to the Development Agreement •Attachment IV - Executed Second Amendment to the Development Agreement •Attachment V - R23-064 •Attachment VI - Summary of Meeting with BBPD •Attachment VII - Final Cost Estimate •Attachment VIII - Construction Breakdown •Attachment IX - DRAFT ILA Lease Term: One five-year term subject to automatic renewal for five additional five- year periods Annual Base Rent: $0 Monthly Common Area Maintenance: $96.71 to be reimbursed by the CRA as part of the operational expenses in the ILA for the annual NOP Program In August 2024, CRA and City Staff met with the Boynton Beach Police Department (BBPD) to review the build-out costs for the NOP office. At the conclusion of those meetings, the BBPD identified $31,977.36 that they will contribute towards additional enhancements to the build-out and the CRA would fund the remaining costs (see Attachment VI). On December 5, 2024, the CRA received a final cost from CMC for the build-out of the NOP was $155,875 (see Attachment VII). Paragraph 3.c. of the ILA (see Attachment V) states the City is responsible for the construction outside of the CRA's contribution of $100,054. Due to increased costs for the NOP office buildout, a new ILA is needed in order to provide additional CRA funding for the construction, reimbursement to the City for the additional enhancements and identify the City's contribution of $31,977.36. Attachment VIII provides an overview of the costs to the City and CRA. The Draft ILA has been provided as Attachment IX. FISCAL IMPACT: FY 2022-2023 Project Fund Budget; #02-58100-203; $25,000 (design fees) FY 2022-2023 Project Fund Budget; #02-58200-406; $75,054 (tenant buildout) FY 2024-2025 Project Fund Budget; #02-58500-460; $80,821 (tenant buildout) CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the I nterlocal Agreement between the City of Boynton Beach and the Boynton Beach CRA for Providing Reimbursement for the Construction Costs of the Neighborhood Officer Policing Program Location located within the Boynton Beach Community Redevelopment Area, and Authorize Board Chair to execute pending final legal review. 2. Alternative direction based on Board discussion. ATTACHMENTS: Description 1117 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 17 A. Consideration of a Second Amendment to the Purchase and Development Agreement to delete the Flex Space for a New Neighborhood Officer Program Office and Community Space in the Ocean Breeze East Project (Heard out of Order) Ms. Shutt explained this item is a request to consider the second amendment to the Purchase and Development Agreement to delete the obligation to provide flex space for the new Neighborhood Officer Program in the Ocean Breeze East project completed in December that built 123 affordable rental apartments. Ms. Elizabeth Roque was present for Ocean Breeze East. The CRA had a requirement for Centennial Management to have the space within the development. There were a number of attempts to find funds to build the office, but in August 2020, the Police Chief requested an office on MLK Jr. Boulevard in a mixed-use property they are getting ready to build in the next few months. This space could be used for a community use or revert back to a residential use. On October 1st, Centennial Management issued a request for the CRA to waive the requirement. Ms. Roque will also present to the Board, project close-out data including the number of residents served and how many jobs will be provided to the Boynton Beach business. If the Board was interested in pursuing the request, there are two options: amend the original Development Agreement to eliminate the requirement and amend the MLK Purchase and Development Agreement to ensure there is an accommodation for the NOP Office there. Elizabeth Roque, Centennial Management, explained they were asked how many people from Boynton Beach were hired. She responded RS Construction hired the following subcontractors for the Ocean Breeze Development, who were Ridgeway Plumbing at 640 Industrial Avenue Boynton Beach, and Sir Electric at 1401 Neptune Drive, Boynton Beach. They also hired a local Boynton Beach resident, 'Tory" who is doing an excellent job at Ocean Breeze and Centennial Management issued notices for landscapers. People applied, but she did not know if they were from Boynton Beach. Ocean Breeze East was a very successful construction project. The lease up of the 123 unit project was completed in 10 months and was 100% occupied by December 2020. Forty-six units were leased by Boynton Beach residents. The remaining tenants were from Palm Beach County, a few from Broward and two families were from Miami. The outparcel they have is being used for storage. There were some requests to use space in OBE: one was for a dance studio and another for an academy. She commented considering their request to be relieved of an obligation, she did not feel it was an obligation. They want to do something for the City. If they can put a non-profit or a dance studio there, they are happy to do so. They are not looking to make money, only to better the community. They would just have to figure out how to do so, build it out and meet that need. Chair Grant commented the CRA cannot put a non-profit there. The agreement stated they would fund the Neighborhood Officer office there. The CRA could still fund a program to go there. Ms. Shutt advised the CRA was to build it out. The building is a shell, the plumbing is there. They would need to put framing up, build one or two 8 1118 Meeting Minutes Community Redevelopment Agency Board Boynton Beach Florida October 12, 2021 bathrooms and determine the space needs. Chair Grant wanted to ensure the CRA puts in their fair share for things to help the community. He suggested issuing a press release or information about space available for a non-profit. They like helping the youth as they do not have enough activity. Attorney Rossmell commented if the CRA proposed to remain open to fund expenses that would otherwise qualify for property development grants the CRA has, they are within the CRA mission for the project as it moves forward. She clarified If they want a condition for consideration for the movement made between the two projects, some sort of funding to help with infrastructure improvements, the Board should ask staff to do so. Chair Grant requested the CRA help with the build-out of the flex space for the betterment of the community. Based on comments from the residents, he believes something for the youth would provide the best benefit to the community. He requested they come back to request cost assistance to that space, they can move forward. Ms. Roque explained she can remove the request. Ms. Shutt commented they would want input on the cost as the last estimate it was substantial. Chair Grant requested around $50K Ms. Shutt stated originally it was $25K and $25K was moved for the NOP. It would be more, but the valuation to convert the space at Ocean Breeze was over $1 OOK. Ms. Roque can put numbers together and discuss it at the November meeting. Attorney Rossmell asked if the Board wanted to move forward with all aspects of transferring the NOP to the MLK project. She explained there would be two amendments required. Chair Grant agreed to transfer NOP space to MLK Wells Landing project and to discuss with Centennial Management the build-out of the flex space. Motion Board Member Romelus so moved. Vice Chair Hay seconded the motion. The motion passed unanimously. Ms. Roque gave an update on the MLK Project. She advised they are almost through permitting with MLK and getting ready for closing in November. They hoped to break ground at the end of a year. They are planning for a restaurant in one of the units. Ms. Shutt would bring back terms for funding based on Ms. Roque's discussions with the architect. 11. CRA Advisory Board A. CRA Advisory Board Meeting Minutes-September 2, 2021 B. Pending Assignments Chair Grant would like presentations for one of the Florida Redevelopment Association (FRA) sessions Advisory Board Members attended. The majority of the Board does not 9 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1 RESOLUTION NO. R23-064 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO 6 EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 7 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 8 REDEVELOPMENT AGENCY FOR THE USE OF UNIT 8 AT THE HEART OF 9 BOYNTON SHOPS FOR THE NEIGHBORHOOD OFFICER POLICING (NOP) 10 PROGRAM AND THE ASSOCIATED LEASE AGREEMENT WITH WELLS 11 LANDING APARTMENTS, LLC FOR UNIT 8; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, at the October 12, 2021, CRA Board meeting, the Board approved the 15 relocation of the Neighborhood Officer Policing (NOP) Program office from the Ocean Breeze 16 East Apartments to the E. MLK Jr. Boulevard Commercial portion of the mixed-use project; and 17 WHEREAS, as defined in the Development Agreement approved by the CRA, Unit 8 is a 18 1,055 square foot rent-free space dedicated to the CRA's NOP Program and per section 5.b.ii of 19 the Agreement, the Neighborhood Officer Program Office ("NOP Office") shall be completed 20 and in move-in ready condition within 18 months of the February 8, 2022 effective date (or 21 August 8, 2023); and 22 WHEREAS, once the build-out is complete,the NOP will lease the space from CMC since 23 the lease term will survive the CRA sunset in 2044; and 24 WHEREAS, an Interlocal Agreement is required to allow the City to lease the rent- free 25 space from CMC for the NOP Program and the CRA to reimburse CMC for the buildout of the 26 NOP Office; and 27 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation of 28 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 29 to approve and authorize the proper City officials to execute an Interlocal Agreement between 30 the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the 31 Use of Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) 32 Program and the associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 34 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\ILA with CRA and Lease for NOP-Reso.docx 1149 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption 37 hereof. 38 Section 2. The City Commission of the City of Boynton Beach hereby approves and 39 authorizes the proper City officials to execute an Interlocal Agreement between the City of 40 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of Unit 41 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program and the 42 associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. A copy of the 43 Interlocal Agreement is attached hereto and made a part here as Exhibit "A" and a copy of the 44 Lease is attached hereto and made a part hereof as Exhibit "B". 45 Section 3. That this Resolution shall become effective immediately upon passage. 46 PASSED AND ADOPTED this 16th day of May, 2023. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 50 Mayor—Ty Penserga 51 52 Vice Mayor—Thomas Turkin 53 54 Commissioner—Angela Cruz 55 56 Commissioner—Woodrow L. Hay 57 58 Commissioner—Aimee Kelley 59 60 VOTE 5-D 61 ATTa '62 63 AAMI . A, 1_! 4111( 64 Maylee ue J •"s, MPA, M Ty Peir 65 City Clerk o NTON B%66 QoRA•Te•...10 oto 67 O co ••y • APP 7 AS • FO' ' 68 (Corporate Seal) i 00: v 69 i c: ORPOR 1N0 20 : 70 14 ••. 19 Michael D. Cirullo,Jr. 71 11‘. • • FLORCity Attorney S:\CA\RI SO\Agreements\ILA with CRA and Lease for NOP-Reso.doex 1150 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING THE NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the Party"or"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan")calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, pursuant to Sections 163.340, 160.345, and 163.370, Florida Statutes, the CRA is empowered to develop and implement community policing innovations, which includes increasing the visible presence of police in the community through citizen contract patrol, neighborhood storefront police stations,and other means; WHEREAS,the CRA has established, in conjunction with the City,a community policing innovation known as the Neighborhood Officer Policing Program ("NOP")pursuant to a separate interlocal agreement("NOP Interlocal Agreement");and WHEREAS,the CITY has approved and hereby reaffirms support for the NOP; and WHEREAS, in order to provide a neighborhood storefront police station, the CRA included as part of a separate Development Agreement ("Development Agreement"), attached hereto as Exhibit A, with Wells Landing Apartments, LLC ("Landlord"), limited funding for a development of a NOP office as further described as "Unit#8" or "Unit 8" in the Development Agreement ("NOP Office"), and a requirement that the NOP Office be provided for use by the NOP rent-free as further described in the Development Agreement; and WHEREAS, for purposes of this Agreement the term "Development Agreement" shall mean the Development Agreement as it has been and may be amended from time to time; and 00563126.1 306-9905604) 1 4854-7732-2846,v.2 1151 WHEREAS, the NOP officers are employed by the City and the NOP is operated by the CITY with financial support from the CRA pursuant to a separate interlocal agreement between the City and CRA; and WHEREAS, the CRA and City have determined that both parties will benefit if the City and Landlord enter into a separate lease for the NOP Office ("NOP Office Lease"); and WHEREAS,concurrent with the execution of this Agreement,the CRA and Landlord are entering into a Second Amendment to Development Agreement to permit the CRA to assign certain rights under the Development Agreement to the City; and WHEREAS,although the NOP Office Lease will be between the City and the CRA,the CRA desires to provide the funding described in the Development Agreement to ensure the presence of a neighborhood storefront police station; WHEREAS, the parties desire to ensure the NOP Office Lease remains rent-free to the City for use by the NOP; and WHEREAS, the CRA and City desire to ensure the NOP's continuous presence in the CRA's boundaries(the"CRA Area"); and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the NOP and NOP Office, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, the CRA and the CITY find that this Agreement serves a municipal and public purpose,and is in the best interest of the health,safety,and welfare of the CITY of Boynton Beach, specifically those in the CRA Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the sufficiency of which both parties hereby confirm and acknowledge, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a) The CRA shall pay the Landlord $100,054.00 ("NOP Office Funding") for costs for architectural, professional design services, and construction of the NOP Office, subject to certain restrictions set forth in the Development Agreement. 00563126.1 306-9905604) 2 4854-7732-2846,v.2 1152 b) The CRA hereby assigns its right to use the NOP Office rent-free, as set forth in the Development Agreement, and agrees to execute such documentation as may be necessary to effectuate this assignment. 3. Obligations of the CITY. a) The CITY shall maintain the NOP Office primarily for use by the NOP, as a neighborhood storefront police station distinct from ordinary police operations,until such time as the CRA is terminated or expires. b) The NOP shall have a at least one NOP officer available to meet at the NOP Office upon request during their assigned working hours, which may change from time to time. c) Except for the NOP Office Funding, the CITY shall pay for the construction, furnishing, equipping, maintenance, utilities, and all other fees and costs necessary to construct and use the NOP Office for the NOP. d) Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes and the required presence of the NOP Officers at the NOP Office. 4. Relationship to NOP Interlocal Agreement.Nothing in this Agreement shall be deemed to replace, terminate, modify or otherwise affect the NOP Interlocal Agreement, as it may be amended from time to time. However, in the event the NOP Interlocal Agreement is terminated, either party may terminate this Agreement upon 30 days' notice to the other party. 5. Limitation on CRA's Responsibilities.The CRA's responsibilities under this Agreement are limited to providing funding to Landlord as specified in Section 2(a) of this Agreement and executing documentation as described in Section 2(b)of this Agreement. 6. Indemnification.The CITY shall indemnify,save,and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees,by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including 00563126.1306-9905604) 3 4854-7732-2846,v.2 1153 equipment installation and removal) associated with the CITY's use of the NOP Office or design or construction thereof. Nothing in this Agreement shall be deemed to affect the rights,privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28,Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after upon the termination of the CRA or as otherwise provided for in this Agreement. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other Party,the Party giving notice of default may terminate this Agreement through written notice to the other Party, provided however, the CRA may not be held in default for failure of Landlord to execute documentation or failure of Landlord to respond to requests for the same. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of 1005631261306-9905604) 4 4854-7732-2846,v.2 1154 any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. In addition to the other remedies provided herein, in the event the CITY does not use the NOP Office for the NOP or does not maintain a daily NOP presence in the NOP Office, and fails to cure after the notice of default, the CITY shall pay the CRA $100,054.00; plus interest calculated at a rate of 4%per annum. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida,to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery 100363126.1 306-9905609) 5 4854-7732-2846,v.2 1155 receipt, or by overnight express delivery service,evidenced by a delivery receipt,addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Dan Dugger, City Manager CITY of Boynton Beach 100 E. Ocean Avenue Boynton Beach,FL 33435 b. CRA: Thuy Shutt,Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To:Michael Cirullo,Jr. Goren,Cherof,Doody&Ezrol,P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Kathryn Rossmell,Esquire Lewis,Longman&Walker,P.A. 515 North Flagler Drive, Suite 1500 West Pahn Beach,Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19.Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties.The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal 00563126.1 306-9905604} 6 4854-7732-2846,v.2 1156 document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20.Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e.,via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival.The provisions of this Agreement regarding indemnity,waiver,and termination,and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23.Attorney's Fees.If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. Signatures on following page.] 00563126.1 306-9905604) 7 4854-7732-2846,v.2 1157 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. pY N Tp ATTEST: 0i• S•'a. N.T.46 CITY OF BOYNTON BEACH, A., A'".\: y!. Florida municipal corporation s SEAL I J 1- I 4 :INCORPORATED' 5 y: i CITY le 4 ••. 1920 .: y Pe'"- rirri— Approved as to Form: FLORIDPr" Date: S " S - • L 4.4 _ 1 40 .1 0 ffice of the CITY , to ey Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY , ffice of the CRA Attorney Ty Pense -/'.air Date: : s` ? z0 z,3 00563126.1 306.9905604) 8 4854-7732-2846,v.2 1158 BUSINESS LEASE This AGREEMENT of.Lease(this"Lease"), is entered into this I`:hay of 2023, between Wells Landing Apartments LLC d/b/a The Heart of Boynton Sho s (h rein fter called the Lessor" or the "Landlord"), and The City of Boynton Beach (hereinafter Calle a "Lessee" or Tenant").WITNESSETH,that the said Lessor does this day Lease unto said Lessee and said Lessee does hereby hire and take as Tenant approximately: Square feet of Commercial Space: 1,055 square feet Location: 119 E Martin Luther King Jr.Blvd Suite 108 Boynton Beach,FL 33435 Accepted Use: Used and occupied by the Lessee as a Neighborhood Officer Program("NOP")Office and for no other purposes or uses whatsoever. Lease Term: Five(5)years subject and conditioned on the provisions of this lease. The Lease should begin July 1,2023 and end June 30,2028.Due to the construction of the retail space, dates may need to be adjusted.Tenant may automatically renew this lease for successive five(5)year periods upon written notice to the Landlord.Tenant agrees and understands that the move-in date is only an approximate date.Total rent payable as follows: Total Rent EACH year is: July 1,2023—June 30,2028: Annual Base Rent: $0.00 Monthly Base Rent: Zero Dollars and 0 Cents 0.00) Monthly Sales Tax: Zero Dollars and 0 Cents ($0.00) Monthly CAM Fee:Not to exceed($96.71.00) Monthly Total: Zero Dollars and 0 cents($0.00). In no case shall the total rent described above, plus any additional rent described herein,exceed an amount equal to 0.00 dollars($0.00)per square foot. Acceptance of Premises: Tenant accepts premises in "As Is" & "Where Is" condition. Tenant shall be responsible for all expenses associated with the direct operation of the Premises,including but not limited to, electric, water, cleaning, and all utility expenses. Tenant shall be fully responsible for obtaining a Certificate of Occupancy,Certificate of Use,and Business Tax Receipt from City of Boynton Beach and Palm Beach County,as applicable within One Hundred and Twenty(120)days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. Tenant is responsible for complying with all applicable laws,codes, rules and regulations, including but not limited to county/state/federal fire regulations.Tenant's failure to comply with the requirements of this paragraph shall be considered a breach of this Lease. Tenant is also responsible for any fees acquired due to the violations. Construction Assistance: Tenant shall receive financial assistance from the Boynton Beach CRA and/or the Landlord subject to the terms and conditions of an interlocal agreement. Rules and Regulations governing the use of the property including common areas: In addition to the terms set forth herein,Tenant understands and agrees to comply with certain rules that will be set forth by Landlord to assure safety, sanitation, code compliance, uniformity and cooperation 00355245.1 306-9905604) 1 1159 including matters such as:Parking,signage,trash removal,storage of personal property, loitering Tenant Responsibilities:Except as noted above, Tenant shall be responsible for all improvements and alterations to the interior.Tenant shall obtain all necessary permits and licenses to conduct work. Tenant agrees to pay for the all of the design and construction of build-out including but not limited to electrical, mechanical, plumbing, structural, building, fire and all other trades as applicable to current building codes. Tenant further agrees to hold Landlord harmless for all build-out improvements including any fees/fines required for final approvals. 1. ASSIGNMENT. Tenant shall not assign, transfer, sublease,mortgage,pledge or otherwise encumber the demised premises or any part thereof without the express, written consent of Landlord first obtained;provided,however,that Landlord's consent shall not be unreasonably withheld. In the event of any assignment,transfer or sublease by Tenant,Tenant shall remain liable for the full performance of each and every covenant and condition hereunder. Landlord's approval of any subtenant or assignee is conditioned upon there being no additional compliance required with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant and such approval shall create no responsibility or liability on the part of the Landlord for any non-compliance with laws,rules and regulations of any governmental authority. 2. TENANT COMPLIANCE. Tenant, at Tenant's sole expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state county and municipal authorities now in force or which may hereafter be in force, which shall impose any duty upon the Landlord or Tenant with respect to the use, occupation or alteration of the premises, and the Tenant shall use all reasonable efforts to fully comply with the Americans with Disability Act.Tenant agrees to pay tenant's pro-rata share of Landlord's capital expenditures required under any governmental law,rule or regulation that was not applicable to the building at the time it was originally constructed. Landlord,to its best knowledge,is currently complaint with all governing codes and regulations. 3. FIRE. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease, whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety(90)days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty.The cancellation herein mentioned shall be evidenced in writing. Tenant shall not be liable for rent during the time the premises are rendered"untenantable. . .. 4. ABANDONMENT. In the event the Lessee abandons the premises, the Landlord may, at his option, enter the leased premises,by force or otherwise, without being liable in any way. For the purpose of this section, both parties agree that the premises shall have been deemed abandoned and vacated if: 1)the Lessee has not entered the premises for five, consecutive working days, excluding weekends and holidays, and (2) the Lessee has not notified the Lessor, in writing, of its intentionto be away from the premises for vacation or other purpose. Delinquent shall be defined as ten (10) days past due. 5. RIGHT OF ENTRY. The Lessor or any of his agents, shall have the right to enter said premises during all reasonable hours with reasonable notice, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety,comfort or preservation thereof or of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice `FOR RENT"at any time within thirty(30) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions,which do not conform to this Lease or to the rules and regulations of the building. 00555245.1 306990.5664) 2 1160 6. ALTERATIONS. Lessee shall make no structural changes, alterations or mechanical improvements whatsoever without first having obtained the written consent of the Lessor which shall not be unreasonably withheld. Any structural improvements and additions to the premises which Lessee might make must comply with such municipal building and zoning code as would be applicable and shall be paid for in cash at time of making thereof,so as not to subject the premises to mechanics lien. If Landlord so elects, Tenant at its cost shall restore the premises to the condition designated by Landlord in its election, before the last day of the term of this Lease or within thirty (30) days after notice of election is given, whichever is earlier. Landlord's approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with all laws, rules and regulations of governmental agencies or authorities. 7. INTERIOR. Tenant agrees to keep the interior of said premises, all windows, screens, awnings, doors, including the overhead truck loading doors, interior walls, pipes, electrical fans, machinery, plumbing,electric wiring,and other fixtures and interior appurtenances,in good and substantial repair and clean condition at Tenant's own expense--fire, windstorm, or other act of God, alone excepted. All glass, both interior and exterior, is at the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, any glass broken during the terms of this lease. It is hereby understood and agreed that in the event that there is an air conditioning unit (or units) in the demised premises, the Tenant shall maintain and repair the same during the term of this lease and shall return said unit(or units)to the Landlord at the termination of this lease in good working order,reasonable wear and tear excepted.Tenant shall enter into a maintenance contract with a licensed mechanical contractor for the maintenance of said air conditioning units, and shall provide Landlord with a copy of said maintenance agreement within thirty(30)days of execution of this lease. 8. CHATTELS. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods, and chattels of said Lease,which shall or maybe brought or put on said premises as security for the payment of rent herein reserved and the Lessee agrees that the said lien may be enforced by distressed foreclosure or otherwise at the election of the said Lessor and Lessee agrees to pay collection costs. Except the equipment listed in the attached list and/or under lease and owned by third parties. 9. Without waiving the right to sovereign immunity,the Tenant acknowledges that it is self-insured for commercial general liability in the amounts specified in Florida Statutes Section.768..28,as may be amended from time to time. In addition,Tenant maintains a third-party commercial general liability insurance in lieu of exclusive reliance on self-insurance, which Tenant shall provide proof of the Certificate of Insurance to Landlord prior to the commencement of the Term. 10. HEIRS AND ASSIGNS.This Lease shall bind the Lessor and its assigns or successors and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be of the Lessee. 11.NOTICE. It is understood and agreed between the parties hereto that written notice by email,certified mail return receipt requested, mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice by email, certified mail return receipt requested, mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this Lease. 12. WAIVER.The rights of the Lessor under this Lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 00555245.1306.9903604} 3 1161 13. SIGNS. It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the Lessor for approval before installation of same.Tenant shall have the right to install its store sign on the Premises, at its sole cost and expense, in accordance with the code and sign criteria established by the City of Boynton Beach. 14. CHARGES FOR SERVICE. It is understood and agreed between the parties hereto that any charges assessed upon the Tenant by Landlord for services, utilities or for the work done on the premises by order of the Tenant,or otherwise accruing under this Lease, shall be considered as rent due and shall be included in any lien for rent. It is further understood that the Tenant shall, upon demand, pay as additional rent its pro rata share(s)of any sprinkler standby, storm water utility standby,water and/or sewer charges billable to the Landlord for the building(s) of which the demised premises are a part. Landlord represents that,at present,there are no pending charges. 15. BANKRUPTCY.If the Lessee shall become insolvent or if bankruptcy proceedings shall be instituted by or against the Lessee, before the end of this Lease,the Lessor is hereby irrevocably authorized to forthwith cancel this Lease,as for default. 16. SUBORDINATION.Subject to the provisions of Paragraph 33 below,this Lease shall be subordinate to any ground lease, mortgage,deed of trust, or any other hypothecation or security now or hereafter placed upon the property and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the leased premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the event of a foreclosure of any such mortgage or the termination of this Lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such foreclosure or termination, automatically become the Tenant of such successor in interest without change in the terms or other provisions of this Lease. Upon request by Landlord'smortgages or such successor in interest, Tenant shall execute and deliver, on terms and conditions reasonably acceptable to the parties,an instrument or instruments confirming the attornment herein provided for. Tenant agrees to execute and acknowledge any documents required to effectuate an attornment, subordination, or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Tenant's failure to execute such documents within ten (10) days after written demand shall constitute a material default by Tenant hereunder or, at Landlord's option, Landlord shall have the right to execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to execute such documents in accordance with this Section, said appointment to be a power during the term of this Lease coupled with an interest and irrevocable. 17. SURRENDER PREMISES. Lessee hereby accepts the premises in the condition they are in at the beginning of the Lease and agrees to maintain said premises in the same condition, order, and repair as they are at the commencement of said term and to return said premises in broom-swept clean and tenantable condition. Tenant shall not be permitted any holdover status upon termination or cancellation of this Lease. 18. WATER DAMAGE. It is expressly agreed and understood by and between the parties to this Lease that all personal property placed or moved in the premises above described shall be at the risk of the Lessee.The Lessor shall not be liable for any damage or injury by water, which may be sustained by the said Tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents or employees or by reason of the breakage,leakage,obstruction of the water,sewer or soil pipes in or about the said building. 19. RETURN OF PREMISES. At the termination of this Lease, the premises shall be restored to their original condition (subject to improvements and additions remaining at Lessor's option as described 00555243.1 306.9905604) 4 1162 above)and returned to.the Lessor'in broom-clean condition. 20. UTILITIES. The Tenant will be responsible for making arrangements with the utility company and the phone company for any electricity or phone service. and this Lease will begin on' the date indicated,whether or not the Tenant has been.ableto successfully arrange for such services, 21..PARKING. Motor vehicles shall be parked in the area directly in front of the leased bay and not in. front of the neighboring bays.Tenant appoints Landlord as'its attorney-in-fact to remove all vehicles which are improperly parked. Disabled, abandoned or improperly registered vehicles shall not be permitted to remain.On the parking area fora period longer.than 48 hours.Tenant to have the use of all the parking spaces in front of leased premises. 22. TRASH.REMOVED.Tenant shall provide for suitable containers for the collection of trash:and other waste.Tenant shall secure the removal of the trash and wasteat regular and periodic intervals so as to prevent the accumulation of trash in such a manner as to become a nuisance or health hazard.In the event the Tenant permits trash or waste to accumulate in an unsightly fashion, Landlord shall be authorized to remove same at Tenant's expense: 23. NO OUTSIDE STORAGE. Tenant shallconfine all.of its activities.to the interior portion of the demised premises and shall not conduct activities or store materials in the areas adjacent to the. demised premises. The parking area shall be used for parking by employees or visitors only. Tenant shallkeep the parking area outside its premises free of any waste, trash, or any other debris. No materials,equipment or any items related to the Tenant's business may be stored outside the premises overnight, with the exception of commercial trash containers. No pallets,'cardboard boxes or any other material shall be stored outside at any time.No chemicals, flammable items,.toxic substances, petroleum products or other contaminants shall be allowed in the property at any time. 24. ABANDONED PROPERTY.It is understood and agreed that any merchandise,fixtures, furniture'or equipment left.in the premises when Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishesany right of interest therein. Landlord is authorized to sell,dispose of or destroy same. 25, ESTOPPEL CERTIFICATE.Tenant, upon'request of Landlord Or any holders of a mortgage against the fee,shall fromtime to time deliver or cause to be delivered to Landlord or such mortgagee,within ten (10) days from date of demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying, if true; that this Lease is valid and existing and in full force* effect that Landlord's not indefault under any of the terms Of this Lease and"Such"oilier•matters as may be required by Landlord..or such mortgagee. Tenant further agrees to pay to Landlord, as. additional rent,an amount equal to 1/30 of one.month's rent at the monthly rental then obtaining,for each day,if any, in excess often(10)days after such demand that.'Tenant shall fail to deliver such a certificate as provided for in this.clause.. 26. HAZARDOUS SUBSTANCES - GENERAL. The term "Hazardous Substances,"'as used in this Lease shall mean pollutants,contaminants,toxic or hazardouswastes,or any other substances the.use and/or the removal of which is required or the use of which is restricted,prohibited or penalized by any"Environmental Law,"which term shall mean any federal,state or local law, ordinance or other statute of a governmental or quasigovernmental authority.relating to pollution or protection of the environment. Lessee hereby agrees that (i) no activity will be conducted on the premises that will produce any.I-Iazardous Substance, except.for such activities that.:are part of the ordinary course of Lessee's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency;.(ii)the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such; materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") 1005020.1 306-9901604 f 5 1163 provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii)no portion of the premises will be used as a landfill or a dump; (iv)Lessee will not install any underground tanks of any type;(v)Lessee will not allow any surface or subsurface conditions to exist or come into existence that constitute,or with the passage of time may constitute a public or private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought into the premises, except for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative shall have the right but not the obligation to enter the premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion,that said Permitted Materials are being improperly stored,used, or disposed of,then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within 24 hours, Lessor shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the premises is found to be so contaminated or subject to said conditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost, and Lessee agrees to indemnify and hold Lessor harmless from all claims, demand, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration of this Lease. 27. LANDLORD'S LIABILITY. The liability of the Landlord (which, for the purposes of this Lease, shall include the Owner of the building if other than the Landlord) to the Tenant for any default by Landlord under the terms of this Lease is limited to the interest of the Landlord in the building,and the Tenant agrees to look solely to the Landlords interest in the building for the recovery of any judgment. 28. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 29. ATTORNEY'S FEES. If either party becomes a party to any litigation concerning this Lease, the premises,or the building or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives,and not by any act or omission of the party or its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and all costs and expense incurred by it in connection with said litigation including available appeals thereof. 30. WAIVER OF TRIAL BY JURY. Tenant and Landlord hereby knowingly, voluntarily, and intentionally waive the right either may have to a trial by jury in respect to any litigation based thereon, or arising out of, under or in connection with this instrument and any agreement contemplated to be executed in conjunction herewith or any course of conduct, course of dealing, statements (whether verbal or written), or actions of either party. This provision is a material inducement for the Landlord leasing the premises to the Tenant. 31. CONDEMNATION. If any portion of the leased premises or the project are taken under the power of eminent domain,or sold under the threat of the exercise of said power(all of which are herein called condemnation'), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs;provided that if so much of the premises or project are taken by such condemnation as would substantially and adversely affect the operation and 00553245.1306-9905404) 6 1164 profitability of Tenant's business conducted from the premises, and said taking lasts for ninety (90) days or more, Tenant shall have the option, to be exercised only in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking(or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession), to terminate this Lease as of the date the condemning authority takes such possession. If a taking lasts for less than ninety(90)days,Tenant's rent shall be abated during said period but Tenant shall not have the right to terminate this Lease. If Tenant does not terminate this Lease in accordance with the foregoing,this Lease shall remain in full force and effect as to the portion of the premises remaining, except that the rent shall be reduced to the proportion that the usable floor area of the leased premises taken bears to the total usable floor area of the project. Landlord shall have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the premises or the project. Any award for the taking of all or any part of the premises or the project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, as severance damages,or as damages for tenant improvements;provided, however,that Tenant shall be entitled to any separate award for Ioss of or damage to Tenant's trade fixtures and removable personal property and any award available for the relocation of Tenant's business. In the event that this Lease is not terminated by reason of such condemnation, and subject to the requirements of any lender that has made a loan to Landlord encumbering the project, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation,repair any damage to the project caused by such condemnation except to the extent that Tenant has been reimbursed therefore by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Except as set forth in this Section,Landlord shall have no liability to Tenant for interruption of Tenant's business upon the premises, diminution of Tenant's ability to use the premises,or other injury or damage sustained by Tenant as a result of such condemnation. IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed,the day and year above written. Signed,sealed and delivered in the presence of: Witness as to Landlord: Landlord: Wells Landin •. = ents LLC d/b/a The Heart of Boynto .o•: Lewis Swezy, Manager of Mana!; By: By: K., Date: Da J 2. Witness as to Tenant: Tenant Name: City of Boynton Beach. Byr1 L.' —.Mgt By: Il _ lb. i , a ._ Date:^r'' 00333243.1 306-9903604) 7 1165 G\T Y o,. rt.*. 1, ETON 6 Memo To: Daniel Dugger, City Manager From: Stacey R. Weinger, Deputy City Attorney ,1 10 Date: June 19Th)---, 2024 Dept. CRA Matter# 24-0476 Re: Wells Landing Apartments LLC dba The Heart of Boynton Shops Unit 8 Business Lease Transmitted herewith are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. The City Manager is authorized to execute these documents in accordance with: Commission Approval. Resolution No. R23-064 To: Office of the City Clerk Please take the actions indicated below with respect to these documents: Q Attest to the execution of the Agreement by the City Manager. Insert the date of execution beneath the City Manager's signature (if not already dated). Expiration Date:May 31, 2029 This version of the Lease replaces the Lease dated May 16, 2023 Please retain one original as a public record and forward a copy of the fully-executed document to: Bonnie Nicklien, CRA To: Bonnie Nicklien, CRA Please forward the fully-executed document to the other party. Thank you. 1166 BUSINESS LEASE This AGREEMENT of Lease(this"Lease"),is entered into this 4 day of `.'Q_ 2024, between Wells Landing Apartments LLC d/b/a The Heart of Boynton Shops (hereinafter called the Lessor" or the "Landlord"), and The City of Boynton Beach (hereinafter called the "Lessee" or Tenant"). WITNESSETH,that the said Lessor does this day Lease unto said Lessee and said Lessee does hereby hire and take as Tenant approximately: Square feet of Commercial Space: 1,055 square feet Location:137 NE 106 Avenue Suite 108 Boynton Beach, FL 33435 Accepted Use: Used and occupied by the Lessee as a Neighborhood Officer Program ("NOP") Office and for no other purposes or uses whatsoever. Lease Term:Five(5)years subject and conditioned on the provisions of this lease. The Lease should begin June 1,2024 and end May 31,2029.Due to the construction of the retail space, dates may need to be adjusted.Tenant may automatically renew this lease for successive five(5)year periods upon written notice to the Landlord. Tenant agrees and understands that the move-in date is only an approximate date.Premises are available to Tenant as of the date of issuance of residential TCO. Total rent is payable as follows: Total Rent EACH year is: June 1,2024—May 31,2029: Annual Base Rent: $0.00 Monthly Base Rent: Zero Dollars and 0 Cents 0.00) Monthly Sales Tax: Zero Dollars and 0 Cents ($0.00) Monthly CAM Fee: Not to exceed ($96.71) Monthly Total: Zero Dollars and 0 cents ($0.00). In no case shall the total rent described above, plus any additional rent described herein, exceed an amount equal to 0.00 dollars ($0.00)per square foot. Acceptance of Premises: Tenant accepts premises in "As Is" & "Where Is" condition. Tenant shall be responsible for all expenses associated with the direct operation of the Premises, including but not limited to, electric, water, cleaning, and all utility expenses. Tenant shall be fully responsible for obtaining a Certificate of Occupancy,Certificate of Use, and Business Tax Receipt from City of Boynton Beach and Palm Beach County,as applicable within One Hundred and Twenty(120) days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. Tenant is responsible for complying with all applicable laws, codes, rules and regulations, including but not limited to county/state/federal fire regulations.Tenant's failure to comply with the requirements of this paragraph shall be considered a breach of this Lease. Tenant is also responsible for any fees acquired due to the violations. Construction Assistance: Tenant shall receive financial assistance from the Boynton Beach CRA and/or the Landlord subject to the terms and conditions of an interlocal agreement. Rules and Regulations governing the use of the property including common areas: In addition to the terms set forth herein, Tenant understands and agrees to comply with certain rules that 00555245.1306-9905604 1 1 1167 will be set forth by Landlord to assure safety, sanitation, code compliance, uniformity and cooperation including matters such as:Parking, signage,trash removal,storage of personal property,loitering Tenant Responsibilities: Except as noted above, Tenant shall be responsible for all improvements and alterations to the interior. Tenant shall obtain all necessary permits and licenses to conduct work. Tenant agrees to pay for the all of the design and construction of build-out including but not limited to electrical, mechanical, plumbing, structural, building, fire and all other trades as applicable to current building codes. Tenant further agrees to hold Landlord harmless for all build-out improvements including any fees/fines required for final approvals. 1. ASSIGNMENT. Tenant shall not assign, transfer, sublease, mortgage, pledge or otherwise encumber the demised premises or any part thereof without the express, written consent of Landlord first obtained;provided,however,that Landlord's consent shall not be unreasonably withheld. In the event of any assignment,transfer or sublease by Tenant,Tenant shall remain liable for the full performance of each and every covenant and condition hereunder. Landlord's approval of any subtenant or assignee is conditioned upon there being no additional compliance required with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant and such approval shall create no responsibility or liability on the part of the Landlord for any non-compliance with laws,rules and regulations of any governmental authority. 2. TENANT COMPLIANCE. Tenant, at Tenant's sole expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state county and municipal authorities now in force or which may hereafter be in force, which shall impose any duty upon the Landlord or Tenant with respect to the use, occupation or alteration of the premises, and the Tenant shall use all reasonable efforts to fully comply with the Americans with Disability Act. Tenant agrees to pay tenant's pro-rata share of Landlord's capital expenditures required under any governmental law, rule or regulation that was not applicable to the building at the time it was originally constructed. Landlord,to its best knowledge, is currently complaint with all governing codes and regulations. 3. FIRE. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease, whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety (90) days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. Tenant shall not be liable for rent during the time the premises are rendered untenantable. 4. ABANDONMENT. In the event the Lessee abandons the premises, the Landlord may, at his option, enter the leased premises, by force or otherwise, without being liable in any way. For the purpose of this section, both parties agree that the premises shall have been deemed abandoned and vacated if 1) the Lessee has not entered the premises for five, consecutive working days, excluding weekends and holidays, and (2) the Lessee has not notified the Lessor, in writing, of its intention to be away from the premises for vacation or other purpose. Delinquent shall be defined as ten (10) days past due. 5. RIGHT OF ENTRY. The Lessor or any of his agents, shall have the right to enter said premises during all reasonable hours with reasonable notice, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort or preservation thereof or of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice 'FOR RENT"at any time within thirty(30) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions,which do not conform to this Lease or to the rules and regulations of the building. 00555245.1906-9905604) 2 1168 6. ALTERATIONS. Lessee shall make no structural changes, alterations or mechanical improvements whatsoever without first having obtained the written consent of the Lessor which shall not be unreasonably withheld. Any structural improvements and additions to the premises which Lessee might make must comply with such municipal building and zoning code as would be applicable and shall be paid for in cash at time of making thereof, so as not to subject the premises to mechanics lien. If Landlord so elects, Tenant at its cost shall restore the premises to the condition designated by Landlord in its election, before the last day of the term of this Lease or within thirty (30) days after notice of election is given, whichever is earlier. Landlord's approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with all laws, rules and regulations of governmental agencies or authorities. 7. INTERIOR Tenant agrees to keep the interior of said premises, all windows, screens, awnings, doors, including the overhead truck loading doors, interior walls, pipes, electrical fans, machinery, plumbing,electric wiring, and other fixtures and interior appurtenances, in good and substantial repair and clean condition at Tenant's own expense--fire, windstonn, or other act of God, alone excepted. All glass, both interior and exterior, is at the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, any glass broken during the teens of this lease. It is hereby understood and agreed that in the event that there is an air conditioning unit (or units) in the demised premises, the Tenant shall maintain and repair the same during the term of this lease and shall return said unit (or units)to the Landlord at the termination of this lease in good working order,reasonable wear and tear excepted. Tenant shall enter into a maintenance contract with a licensed mechanical contractor for the maintenance of said air conditioning units, and shall provide Landlord with a copy of said maintenance agreement within thirty(30)days of execution of this lease. 8. CHATTELS. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods, and chattels of said Lease, which shall or maybe brought or put on said premises as security for the payment of rent herein reserved and the Lessee agrees that the said lien may be enforced by distressed foreclosure or otherwise at the election of the said Lessor and Lessee agrees to pay collection costs. Except the equipment listed in the attached list and/or under lease and owned by third parties. 9. Without waiving the right to sovereign immunity,the Tenant acknowledges that it is self-insured for commercial general liability in the amounts specified in Florida Statutes Section 768.28,as may be amended from time to time. In addition,Tenant maintains a third-party commercial general liability insurance in lieu of exclusive reliance on self-insurance, which Tenant shall provide proof of the Certificate of Insurance to Landlord prior to the commencement of the Term. 10. HEIRS AND ASSIGNS. This Lease shall bind the Lessor and its assigns or successors and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be of the Lessee. 11. NOTICE. It is understood and agreed between the parties hereto that written notice by email, certified mail return receipt requested, mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice by email, certified mail return receipt requested, mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this Lease. 12. WAIVER. The rights of the Lessor under this Lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 00555245 I 306-9905604 f 3 1169 13. SIGNS. It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the Lessor for approval before installation of same. Tenant shall have the right to install its store sign on the Premises, at its sole cost and expense, in accordance with the code and sign criteria established by the City of Boynton Beach. 14. CHARGES FOR SERVICE. It is understood and agreed between the parties hereto that any charges assessed upon the Tenant by Landlord for services, utilities or for the workdone on the premises by order of the Tenant, or otherwise accruing under this Lease, shall be considered as rent due and shall be included in any lien for rent. It is further understood that the Tenant shall, upon demand,,pay as additional rent its pro rata share(s) of any sprinkler standby, storm water utility standby, water and/or sewer charges billable to the Landlord for the buildings) of which the demised premises are a part. Landlord represents that,at present,there are no pending charges. 15. BANKRUPTCY.If the Lessee'shall become insolvent or if bankruptcy proceedings shall be instituted' by or against the Lessee, before the end of this Lease,the Lessor is hereby irrevocably authorized to forthwith cancel this Lease,as for a default. 16. SUBORDINATION. Subject to the provisions of Paragraph 33 below,this Lease shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the property and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the leased premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisionsof this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the event of a foreclosure of any such mortgage or the termination of this Lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such foreclosure or termination, automatically become the Tenant of such successor in interest without change in the terms or other provisions of this Lease. Upon request by Landlord's mortgages or such successor in interest, Tenant shall execute and deliver, on terms and conditions reasonably acceptable to the parties,an instrument or instruments confirming the attornment herein provided for. Tenant agrees to execute and acknowledge any documents required to effectuate an attornment, subordination, or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Tenant's failure to execute_ such documents within ten (10) days after written. demand shall constitute a material default by Tenant hereunder or, at Landlord's option, Landlord shall have the right to execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to execute such documents in accordance with this Section, said appointment to be a power during the term of this Lease coupled with an interest and irrevocable. 17. SURRENDER PREMISES. Lessee hereby accepts the premises in the condition they are in at the. beginning of the Lease and agrees.to maintain said premises in thesame condition, order,:and repair as they are at the commencement of said term and to return said premises in broom-swept clean and tenantable condition. Tenant shall not be permitted any holdover status upon termination or cancellation of this Lease. 18. WATER DAMAGE. It is expressly agreed and understood by and between the parties to this Lease that all personal property placed or moved in the premises above described'shall be at the risk'of the Lessee. The Lessor shall not be liable for any damage or injury by water, which may be sustained by the said Tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenantor agents or employees or by reason of the breakage, leakage,obstruction of the water,sewer or soil pipes in or about the said building. 19. RETURN OF PREMISES. At the termination of this Lease, the premises shall be restored to their 100555245 1 306990564.4} 4 1170 original condition (subject to improvements and additions remaining at Lessor's option as described above)and returned to.the Lessor in broom-clean condition. 20. UTILITIES. The Tenant will be responsible for making arrangements with the utility company and the phone company for any electricity or phone service and this Lease will begin on the date indicated,whether or not the Tenant has been able to successfully arrange for such services. 21. PARKING. Motor vehicles shall be parked in the area directly in front of the leased bay and not in front of the neighboring bays. Tenant appoints Landlord as its attorney-in-fact to remove all.vehicles which are improperly parked. Disabled, abandoned or improperly registered vehicles shall not be permitted to remain on the parking area for a period longer than 48 hours. Tenant to have the use of all the parking spaces in front of leased premises. 22. TRASH REMOVED.Tenant shall provide for suitable containers for the collection of trash and other waste.Tenant shall secure the removal of the trash and waste at regular and periodic intervals so as to prevent the accumulation of trash in such a manner as to become a nuisance or health hazard. In the event the.Tenant permits trash or waste to accumulate in an unsightly fashion, Landlord shall be authorized to remove same at Tenant's expense. 23. NO OUTSIDE STORAGE. Tenant shall confute all of its activities to the interior portion of the demised premises and shall not conduct activities or store materials in the areas adjacent to the demised premises. The parking area shall be used for parkingby employees or visitors only. Tenant shall keep the parking area outside its premises free of any waste, trash, or any other debris. No materials,equipment or any items related to the Tenant's business may be stored outside the premises overnight, with the exception of commercial trash containers. No pallets, cardboard boxes or any other material shall be stored outside at any time..No chemicals, flammable items, toxic substances, petroleum products or other contaminants shall be allowed in the property at any time. 24. ABANDONED PROPERTY. It is understood and,agreed that any merchandise, fixtures, furniture or equipment left in the premises When Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishes any right of interest therein. Landlord is authorized to sell,dispose of or destroy same. 25. ESTOPPEL CERTIFICATE. Tenant, upon request of Landlord or any holders of a mortgage against the fee,shall from time to time deliver or causeto be delivered to.Landlord or such mortgagee,within ten (10) days from date of demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying, if true, that this Lease is valid and existing and in full force, effect that Landlord is not in default under any of the terms of this Lease and such other matters as may be required by Landlord or such mortgagee. Tenant further agrees to pay to Landlord, as additional rent, an amount equal to 1/30.of one month's rent at the monthly rental then obtaining, for each day, if any, in excess often (10) days after such demand that Tenant shall fail to deliver such a certificate as provided for in this clause. 26. HAZARDOUS SUBSTANCES "GENERAL: The .term "Hazardous Substances," as used. in this Lease shall mean pollutants, contaminants,toxic or hazardous wastes, or any other substances the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any"Environmental Law," which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasigovernmental authority relating to pollution or protection of the environment. Lessee hereby agrees that (i).no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor, Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (ii) the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of:such 005552A5.1 306-9905604} 5 1171 materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor;.Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii)no portion of the premises will be used as a landfill or a dump; (iv)Lessee will notinstall any underground tanks of any type;,(v)Lessee will not allow any•surface or subsurface conditions to exist or come into existence that constitute,or with the passage of time may constitute a public or private nuisance;_(vi) Lessee will not permit any Hazardous Substances to be brought into the premises, except for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required-cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative shall have the right but not the obligation to enter the premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance: with .all Environmental Laws. Should it be determined, in Lessor's sole opinion,that said Permitted Materials are being improperly stored, used,or disposed of,then Lessee shall.immediately take such.corrective action as requested by Lessor. Should .Lessee fail to take such corrective action within. 24 hours, Lessor-shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said Work. If at any time during or after the term of the Lease, the premises is found to be-so contaminated or subjectto.said conditions,.Lessee shall.diligently institute proper and thorough cleanup procedures at Lessee's sole cost, and Lessee agrees to indemnify and hold Lessor harmless from all claims, demand, actions, liabilities, costs, expenses, damages .and obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration,of this Lease. 27. LANDLORD'S LIABILITY. The liability of the Landlord (which, for the purposes of this Lease, shall include the Owner of the building if other than the Landlord) to the Tenant for any default by Landlord under the terms.of this-Lease is limited to the interest of the Landlord in the building, and the Tenant agrees to.look solely to the Landlords interest in the building for the recovery of any judgment.. 28. RADON GAS. Radon is a naturally occurring.radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to.persons Who-are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 29. ATTORNEY'S FEES. If either party becomes a party to any litigation concerning:this Lease,_the premises, or the:building or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives,and not by any act or omission of the party or its authorized representatives,the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and all costs and eXpernse incurred by it in connection with said litigation including available appeals thereof. 30.-WAIVER OF TRIAL BY JURY. Tenant and Landlord -hereby knowingly, voluntarily, and intentionally waive the right either may have to a trial by.jury:in respect to any litigation based thereon, or arising out of under or in connection with this instrument .and any agreement contemplated to be executed in conjunction herewith or any'course of conduct, course of dealing, statements (whether verbal or written), or actions of either party. This provision is a material inducement for the Landlord leasing the premises to the Tenant. 31. CONDEMNATION. If any portion of the leased premises or the project are taken under the power of eminent domain,.or sold under the threat of the exercise of said power(all of which are herein called condemnation'), this Lease shall terminate as to the.part so taken as of the date the condemning authority takes title or possession,whichever first occurs;provided that if so much of the premises-or 00555245.1 706-9905604) 6 1172 project are taken by such condemnation as would substantially and adversely affect the operation and profitability of Tenant's business conducted from the premises, and said taking lasts for ninety (90) days or more, Tenant shall have the option, to be exercised only in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking(or in the absence of such notice, within thirty(30) days after the condemning authority shall have taken possession), to terminate this Lease as of the date the condemning authority takes such possession. If a taking lasts for less than ninety (90) days, Tenant's rent shall be abated during said period but Tenant shall not have the right to terminate this Lease. If Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the premises remaining, except that the rent shall be reduced to the proportion that the usable floor area of the leased premises taken bears to the total usable floor area of the project. Landlord shall have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the premises or the project. Any award for the taking of all or any part of the premises or the project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, as severance damages, or as damages for tenant improvements; provided, however, that Tenant shall be entitled to any separate award for loss of or damage to Tenant's trade fixtures and removable personal property and any award available for the relocation of Tenant's business. In the event that this Lease is not terminated by reason of such condemnation, and subject to the requirements of any lender that has made a loan to Landlord encumbering the project, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation, repair any damage to the project caused by such condemnation except to the extent that Tenant has been reimbursed therefore by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Except as set forth in this Section, Landlord shall have no liability to Tenant for interruption of Tenant's business upon the premises, diminution of Tenant's ability to use the premises, or other injury or damage sustained by Tenant as a result of such condemnation. IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed,the day and year above written. Signed,sealed and delivered in the presence of: Witness as to Landlord: Landlord: Wells Lan•,ng Apartments LLC d/b/a The Heart of Boy ii' ops by Lewis Swezy, Manager of *.j'r By:i "~—' By: Date: i /z L /Z'( Dat ffMrPir2A,2 Witnes • to Tenant:Tenant Name: City of Boynton Bea h B • j 't 1.. P an ie Dugger, • • .n.";r Date: kQ FEL Date: 4)/41 QjOY N roti`Akk CITY AT e'NEY'S OFFICE i O : 1"‹.<\< '\ Approved isf. pnd legality 41,1 U• SEAL 'IS ey R.Weinger, I INCORPORATED; Deputy City Attorney 00555245.1 305-9905604 O 7 192 FLOR\O 1173 From:Zeller, Matthew To:Nicklien, Bonnie Cc:Burdelski, Steven; Tack, Timothy Subject:RE: 24_0819 NOP Office Budget Date:Monday, December 09, 2024 2:01:22 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image012.png image013.png image014.png image015.png image016.png image017.png Good afternoon, You’re correct. We will address all items within the BBPD Cost Column. Please let us know when staff can move forward with scheduling of the work. Thank you, Deputy Chief Matthew ZellerBoynton Beach Police Department 561-742-6132 ZellerM@bbfl.us www.bbpd.org 2100 High Ridge Road, Boynton Beach, FL33426 From: Nicklien, Bonnie <NicklienB@bbfl.us> Sent: Monday, December 9, 2024 1:25 PM To: Zeller, Matthew <ZellerM@bbfl.us> Cc: Burdelski, Steven <burdelskis@bbfl.us>; Tack, Timothy <TackT@bbfl.us> Subject: RE: 24_0819 NOP Office Budget Good Afternoon Chief Zeller and Capt Burdelski, We have received the final cost estimate for the build-out for the NOP office and want to confirm the BBPD’s contribution of $31,977.36 toward the build-out is still in place. The attached PDFs are from our meetings in August 2024. If any of the numbers have changes, please let us know. The developer has provided a construction contract which the CRA is reviewing. Thank you for your time and confirmation, 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 1174 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 law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Zeller, Matthew <ZellerM@bbfl.us> Sent: Monday, August 19, 2024 12:32 PM To: Tack, Timothy <TackT@bbfl.us> Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Burdelski, Steven <burdelskis@bbfl.us> Subject: RE: 24_0819 NOP Office Budget Good afternoon, This looks good on my end. Capt. Burdelski please let me know if you see anything missing. Looking forward to seeing this officer up and running!!! Deputy Chief Matthew ZellerBoynton Beach Police Department 561-742-6132 ZellerM@bbfl.us www.bbpd.org 2100 High Ridge Road, Boynton Beach, FL33426 From: Tack, Timothy <TackT@bbfl.us> Sent: Monday, August 19, 2024 10:37 AM To: Zeller, Matthew <ZellerM@bbfl.us> Cc: Utterback, Theresa <UtterbackT@bbfl.us>; Nicklien, Bonnie <NicklienB@bbfl.us>; Burdelski, Steven <burdelskis@bbfl.us> Subject: 24_0819 NOP Office Budget Deputy Chief Zeller, Please see the attached NOP office breakdown based on my understanding from our last meeting. Please review and provide comment. We are working with Centennial on the construction contract and will forward upon receipt. If you have any questions or comments, please feel free to contact me a the office. Respectfully, 1175 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 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 1176 NOP Office Buildout Budget Name Model Unit Price Units Extended Price CRA BBPD CRA Cost BBPD CostTenant Buildout $99,085.38 1 $99,085.38 1 $99,085.38 $0.00Ext. Camera 6.0c‐h5a‐dp1‐IR $1,034.43 2 $2,068.86 1 $2,068.86 $0.00Int. Camera 12w‐h5a‐fe‐do1‐IR $951.74 2 $1,903.48 1 $0.00 $1,903.48NVR NVR4x‐std‐24tb‐s16‐na $11,929.63 1 $11,929.63 1 $11,929.63 $0.00Ext. Camera Mount acc7‐ent‐h4a‐mt‐wall1 $60.40 2 $120.80 1 $120.80 $0.00Life Safety Power (Doors/Readers)* ac‐lsp‐8dr‐mer‐lck $678.69 1 $678.69 1 0 $678.69 $0.00Intelligent Controller (Doors and readers)* ac‐mer‐cont‐lp1502 $1,059.18 1 $1,059.18 0 1 $0.00 $1,059.18Reader interface (Doors and readers)* ac‐mer‐con‐mr52‐s3b $583.24 1 $583.24 0 1 $0.00 $583.24Network Comm Module remote (Fire) ac‐lsp‐nl4 $325.36 1 $325.36 1 $325.36 $0.00Card Reader AC‐HID‐READER‐SIGNO ..$565.65 4 $2,262.60 1 $0.00 $2,262.6028 port switch CBS350‐24FP‐4G‐NA $1,604.68 1 $1,604.68 1 $1,604.68 $0.00Master Tech (labor) Master Tech (GSA) $110.83 160 $17,732.80 1 $17,732.80 $0.00System Design Engineer (labor) System Design Engineer($110.83 16 $1,773.28 1 $1,773.28 $0.00Project Manager (labor) Project manager (GSA) $110.83 34 $3,768.22 1 $3,768.22 $0.00Alarm Service 1‐yr (Operating) Miscellaneous $3,987.43 1 $3,987.43 1 $3,987.43 $0.00Door Access control pre‐build Miscellaneous $879.34 4 $3,517.36 1 $0.00 $3,517.36Rack and Battery backup Miscellaneous $1,982.45 1 $1,982.45 1 $1,982.45 $0.00Labor Camera/Reader/Programming/Wiring Miscellaneous $4,783.00 1 $4,783.00 0.5 0.5 $2,391.50 $2,391.50Furniture, Fixtures, and Equipment Miscellaneous $20,260.00 1 $20,260.00 0 1 0 $20,260.00$147,449.08 $31,977.36Total1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 RS Construction of Dade, Inc.Date: 12/5/24 CGC 040308 7735 NW 146th Street, Suite 306 Miami Lakes, FL 33016 305-821-0330 Proposal For: WORK TO UNIT 108 HOB NOP OFFICE SPACE 137 NE 10th Avenue - Unit 108 Boynton Beach , Florida 33125 Scope of Work All Labor & Materials for the Interior Built - Out for Unit #108 according to plans by The Construction & Architecture Group ,Inc, final plans Schedule of Value Drywall & Drywall Finish $ 20,500.00 ARMORTEX BULLET- RESISTANCE FIBERGLASS PANELS- ALLOWANCE - NEED LEVEL OF SECURTY &THICKNESS $ 6,000.00 Acoustical Tile $ 5,785.00 Insulation $ 2,200.00 Doors & Hardware $ 6,900.00 STORE FRONT GLASS DOOR WITH SIDELIGHTS $ 5,874.00 Painting $ 2,200.00 Flooring & Tile - AS PER TILE PROPOSAL $ 6,149.20 FRP PANEL $ 750.00 Cabinets & Tops AS PER PROPOSAL $ 5,000.00 HVAC - Mechanical System $ 18,830.00 Plumbing & Plumbing Fixtures $ 14,631.00 Fire Sprinklers $ 4,278.00 Electrical, Main Panels (COPPER SEED) $ 24,050.00 Light Fixtures $ 4,800.00 Fire Alarms $ 4,500.00 Appliances $ 910.00 Specilaties - Handicap Requirements In Bathrooms $ 2,375.00 Rough & Final Cleaning $ 1,000.00 SubTotal $ 136,732.20 GC FEE - 14 % $ 19,142.51 TOTAL CONSTRUCTION COST $ 155,874.71 Intercom System & Camera System By Tenant Communication System & Wi-Fi System By Tenant This proposal includes all fees, materials, labor, over head & profit until we received the final permit set . Final Proposal 1189 NOP Office Buildout Budget Name Model Unit Price Units Extended Price BBCRA BBPD BBCRA Cost BBPD Cost Tenant Buildout $155,874.71 1 $155,874.71 1 $155,874.71 $0.00 Ext. Camera 6.0c-h5a-dp1-IR $1,034.43 2 $2,068.86 1 $2,068.86 $0.00 Int. Camera 12w-h5a-fe-do1-IR $951.74 2 $1,903.48 1 $0.00 $1,903.48 NVR NVR4x-std-24tb-s16-na $11,929.63 1 $11,929.63 1 $11,929.63 $0.00 Ext. Camera Mount acc7-ent-h4a-mt-wall1 $60.40 2 $120.80 1 $120.80 $0.00 Life Safety Power (Doors/Readers)*ac-lsp-8dr-mer-lck $678.69 1 $678.69 1 0 $678.69 $0.00 Intelligent Controller (Doors and readers)*ac-mer-cont-lp1502 $1,059.18 1 $1,059.18 0 1 $0.00 $1,059.18 Reader interface (Doors and readers)*ac-mer-con-mr52-s3b $583.24 1 $583.24 0 1 $0.00 $583.24 Network Comm Module remote (Fire)ac-lsp-nl4 $325.36 1 $325.36 1 $325.36 $0.00 Card Reader AC-HID-READER-SIGNO .$565.65 4 $2,262.60 1 $0.00 $2,262.60 28 port switch CBS350-24FP-4G-NA $1,604.68 1 $1,604.68 1 $1,604.68 $0.00 Master Tech (labor)Master Tech (GSA)$110.83 160 $17,732.80 1 $17,732.80 $0.00 System Design Engineer (labor)System Design Engineer( $110.83 16 $1,773.28 1 $1,773.28 $0.00 Project Manager (labor)Project manager (GSA)$110.83 34 $3,768.22 1 $3,768.22 $0.00 Alarm Service 1-yr (Operating) Miscellaneous $3,987.43 1 $3,987.43 1 $3,987.43 $0.00 Door Access control pre-build Miscellaneous $879.34 4 $3,517.36 1 $0.00 $3,517.36 Rack and Battery backup Miscellaneous $1,982.45 1 $1,982.45 1 $1,982.45 $0.00 Labor Camera/Reader/Programming/Wiring Miscellaneous $4,783.00 1 $4,783.00 0.5 0.5 $2,391.50 $2,391.50 Furniture, Fixtures, and Equipment Miscellaneous $20,260.00 1 $20,260.00 0 1 0 $20,260.00 $204,238.41 $31,977.36Total 1190 RS Construction of Dade, Inc.Date: 12/5/24 CGC 040308 7735 NW 146th Street, Suite 306 Miami Lakes, FL 33016 305-821-0330 Proposal For: WORK TO UNIT 108 HOB NOP OFFICE SPACE 137 NE 10th Avenue - Unit 108 Boynton Beach , Florida 33125 Scope of Work All Labor & Materials for the Interior Built - Out for Unit #108 according to plans by The Construction & Architecture Group ,Inc, final plans Schedule of Value Drywall & Drywall Finish $ 20,500.00 ARMORTEX BULLET- RESISTANCE FIBERGLASS PANELS- ALLOWANCE - NEED LEVEL OF SECURTY &THICKNESS $ 6,000.00 Acoustical Tile $ 5,785.00 Insulation $ 2,200.00 Doors & Hardware $ 6,900.00 STORE FRONT GLASS DOOR WITH SIDELIGHTS $ 5,874.00 Painting $ 2,200.00 Flooring & Tile - AS PER TILE PROPOSAL $ 6,149.20 FRP PANEL $ 750.00 Cabinets & Tops AS PER PROPOSAL $ 5,000.00 HVAC - Mechanical System $ 18,830.00 Plumbing & Plumbing Fixtures $ 14,631.00 Fire Sprinklers $ 4,278.00 Electrical, Main Panels (COPPER SEED) $ 24,050.00 Light Fixtures $ 4,800.00 Fire Alarms $ 4,500.00 Appliances $ 910.00 Specilaties - Handicap Requirements In Bathrooms $ 2,375.00 Rough & Final Cleaning $ 1,000.00 SubTotal $ 136,732.20 GC FEE - 14 % $ 19,142.51 TOTAL CONSTRUCTION COST $ 155,874.71 Intercom System & Camera System By Tenant Communication System & Wi-Fi System By Tenant This proposal includes all fees, materials, labor, over head & profit until we received the final permit set . Final Proposal 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 4905-9654-8620, v. 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING REIMBURSEMENT FOR THE CONSTRUCTION COSTS OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT (“Agreement”) is made this day of 2025, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "BBCRA"). The City and BBCRA may be referred to herein individually as a “party” and collectively as the “parties.” WITNESSETH: WHEREAS, the parties entered into an INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING THE NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA (“NOP Office Agreement”), a copy of which is attached hereto as Exhibit A; and WHEREAS, the Agreement provides for the construction and use of that certain unit identified in the NOP Office Agreement as Unit #8 as a neighborhood storefront police station for the Neighborhood Officer Policing Program (“NOP Office”); and WHEREAS, the Agreement provides that the BBCRA will contribute $100,054.00 towards the construction of the NOP Office; and WHEREAS, the City desires to enhance the NOP Office by including certain elements as part of the buildout of the NOP office; and WHEREAS, the BBCRA desires to contribute funding to certain enhancements as part of the NOP Office construction; and WHEREAS, the use of Unit #8 as neighborhood storefront police station is found to be in 1203 4905-9654-8620, v. 1 furtherance of these goals and principles of the BBCRA plan; and WHEREAS, the City and the BBCRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2. Definitions. Terms not otherwise defined herein shall have the meaning set forth in the NOP Office Agreement (including the Exhibits to the NOP Office Agreement). In the event of a conflict between a definition in this Agreement and a definition in the NOP Office Agreement, the terms in this Agreement shall control. All other terms shall have their ordinary dictionary definitions. 3. Responsibilities. The parties agree: a. BBCRA Responsibilities. i. Tenant Buildout. Except for the Enhancements (defined below) the BBCRA shall be responsible for contracting for and funding the tenant buildout in accordance with building plans that are mutually agreeable to the Parties. The funding for this responsibility is identified by the line item named “Tenant Buildout” in the NOP Office Buildout Budget attached hereto as Exhibit B, and hereby incorporated herein. Any overages in the cost of the tenant buildout shall be the funding responsibility of the BBCRA. ii. Enhancement Funding. The BBCRA shall be responsible for reimbursing the City for those certain enhancements specified in Exhibit B in an amount not to exceed the amount identified as “BBCRA Cost” in Exhibit B. For purposes of this Agreement, the term “Enhancement” shall mean each line item in Exhibit B other than the line item labeled “Tenant Buildout.” The cost for individual line items may vary but in no case 1204 4905-9654-8620, v. 1 shall the BBCRA’s obligation to reimburse the City for the Enhancements exceed $48,363.70. b. City Responsibilities. The City shall be responsible for contracting for and funding the Enhancements. Any overages in the cost of the Enhancements shall be the funding responsibility of the City. At present, the City estimates the cost to the City for the enhancements to be $31,977.36. 4. Reimbursement. To obtain reimbursement from the BBCRA for the Enhancements, the City shall provide a written request for reimbursement of funds (“Reimbursement Request”) to the BBCRA no later than 30 days after payment by the City of funds for which it is seeking reimbursement, and in no case later than 90 days after the NOP Office has received its Certificate of Occupancy. a. The request shall include the following information: i. The amount of reimbursement requested; ii. A statement and evidence that the Enhancements are eligible expenses (as defined below) and are in compliance Florida Statutes. iii. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the City for the Enhancements for which the CITY is seeking reimbursement. b. Upon receipt of a complete Reimbursement Request from the City that meets the requirements of this Agreement, the BBCRA shall remit funding in the amount requested, consistent with this Agreement, to the City within thirty (30) days of receipt of the Reimbursement Request. c. If the City submits a Reimbursement Request that the BBCRA deems incomplete, the BBCRA shall notify the City in writing. The City shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the City fails to provide the documentation required 1205 4905-9654-8620, v. 1 by the BBCRA within 30 days, the City shall only be eligible for the portion of the Reimbursement Request, if any, that the BBCRA deems complete and eligible. The BBCRA will not reimburse the CITY for any portion of the request the BBCRA deems ineligible for reimbursement. d. For purposes of this Agreement, “Eligible Expenses” are limited to expenses for the Enhancements that are permitted by Florida law. 5. Coordination. The parties shall endeavor to coordinate their respective contractors during construction of the NOP Office for the purpose of promoting efficient and cost-effective buildout of the NOP Office. 6. Relationship to the NOP Office Agreement. The Parties agree that nothing herein shall alter the terms of the NOP Office Agreement, as it may be amended from time to time, and that the sole purpose of this Agreement shall be to coordinate funding for the construction of the NOP Office. 7. Notice and Contact. All notices and requests concerning this Agreement shall be delivered via email to the Executive Director of the BBCRA (or his or her designee), or the City Manager (or his or her designee), as applicable, which email delivery shall be deemed “written” or “in writing” for purposes of this Agreement. Notices concerning default or termination, or requests for modifications to this Agreement shall also be delivered by email and by writing sent by one of (1) United States mail, return receipt requested, (2) courier, evidenced by a delivery receipt, or (3) by overnight express delivery service, evidenced by a delivery receipt, which notice or request shall be addressed to the person designated by each party for receipt of legal notice. At present, the parties designate the following for receipt of legal notice: If to the BBCRA: Kathryn Rossmell Lewis, Longman & Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 krossmell@llw-law.com 1206 4905-9654-8620, v. 1 If to the City: Shawna Lamb City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 lambs@bbfl.us 8. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement (“Effective Date”). This Agreement shall be in effect from the Effective Date and unless earlier terminated pursuant to the terms of this Agreement, shall automatically terminate upon the final reimbursement required by this agreement or 120 days after the NOP Office has received its Certificate of Occupancy, whichever is earlier. 9. Public Records. The City and the BBCRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party’s books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 10. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 11. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the City as set forth in Section 768.28, Florida Statutes. 12. Default. If either party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of 10 calendar days after receipt of written notice of such default from the other party, the party giving notice of default may terminate this Agreement through written notice to the other party. Failure of any party to exercise its right in the event of any default by the other party shall not constitute a waiver of such rights. No 1207 4905-9654-8620, v. 1 party shall be deemed to have waived any rights related to the other party’s failure to perform unless such waiver is in writing and executed by both parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Notwithstanding the foregoing, in the event of a default by the either party, the exclusive remedy for such default shall be monetary, limited to actual damages incurred, and shall not exceed the amount actually paid to a contractor pursuant to the applicable contract for such contractor services. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 15. No Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the City or the BBCRA. 16. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other, which may be granted or withheld at the other party’s absolute discretion. 1208 4905-9654-8620, v. 1 17. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 18. Survival. The provisions of this Agreement regarding termination and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 19. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. [SIGNATURES ON FOLLOWING PAGE] 1209 4905-9654-8620, v. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. Boynton Beach Community Redevelopment Agency ATTEST:_________________________ By: _________________________________ Print Name:__________________________ Title:_______________________________ Date: ______________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:________________________ BBCRA Attorney City of Boynton Beach, Florida ATTEST:_________________________ By: _________________________________ Print Name: __________________________ Title: ________________________________ Date:_________________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:________________________ City Attorney 1210 1 RESOLUTION NO. R23-064 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO 6 EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 7 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 8 REDEVELOPMENT AGENCY FOR THE USE OF UNIT 8 AT THE HEART OF 9 BOYNTON SHOPS FOR THE NEIGHBORHOOD OFFICER POLICING (NOP) 10 PROGRAM AND THE ASSOCIATED LEASE AGREEMENT WITH WELLS 11 LANDING APARTMENTS, LLC FOR UNIT 8; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, at the October 12, 2021, CRA Board meeting, the Board approved the 15 relocation of the Neighborhood Officer Policing (NOP) Program office from the Ocean Breeze 16 East Apartments to the E. MLK Jr. Boulevard Commercial portion of the mixed-use project; and 17 WHEREAS, as defined in the Development Agreement approved by the CRA, Unit 8 is a 18 1,055 square foot rent-free space dedicated to the CRA's NOP Program and per section 5.b.ii of 19 the Agreement, the Neighborhood Officer Program Office ("NOP Office") shall be completed 20 and in move-in ready condition within 18 months of the February 8, 2022 effective date (or 21 August 8, 2023); and 22 WHEREAS, once the build-out is complete,the NOP will lease the space from CMC since 23 the lease term will survive the CRA sunset in 2044; and 24 WHEREAS, an Interlocal Agreement is required to allow the City to lease the rent- free 25 space from CMC for the NOP Program and the CRA to reimburse CMC for the buildout of the 26 NOP Office; and 27 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation of 28 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 29 to approve and authorize the proper City officials to execute an Interlocal Agreement between 30 the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the 31 Use of Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) 32 Program and the associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 34 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\ILA with CRA and Lease for NOP-Reso.docx EXHIBIT A 1211 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption 37 hereof. 38 Section 2. The City Commission of the City of Boynton Beach hereby approves and 39 authorizes the proper City officials to execute an Interlocal Agreement between the City of 40 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of Unit 41 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program and the 42 associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. A copy of the 43 Interlocal Agreement is attached hereto and made a part here as Exhibit "A" and a copy of the 44 Lease is attached hereto and made a part hereof as Exhibit "B". 45 Section 3. That this Resolution shall become effective immediately upon passage. 46 PASSED AND ADOPTED this 16th day of May, 2023. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 50 Mayor—Ty Penserga 51 52 Vice Mayor—Thomas Turkin 53 54 Commissioner—Angela Cruz 55 56 Commissioner—Woodrow L. Hay 57 58 Commissioner—Aimee Kelley 59 60 VOTE 5-D 61 ATTa '62 63 AAMI . A, 1_! 4111( 64 Maylee ue J •"s, MPA, M Ty Peir 65 City Clerk o NTON B%66 QoRA•Te•...10 oto 67 O co ••y • APP 7 AS • FO' ' 68 (Corporate Seal) i 00: v 69 i c: ORPOR 1N0 20 : 70 14 ••. 19 Michael D. Cirullo,Jr. 71 11‘. • • FLORCity Attorney S:\CA\RI SO\Agreements\ILA with CRA and Lease for NOP-Reso.doex 1212 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING THE NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the Party"or"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan")calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, pursuant to Sections 163.340, 160.345, and 163.370, Florida Statutes, the CRA is empowered to develop and implement community policing innovations, which includes increasing the visible presence of police in the community through citizen contract patrol, neighborhood storefront police stations,and other means; WHEREAS,the CRA has established, in conjunction with the City,a community policing innovation known as the Neighborhood Officer Policing Program ("NOP")pursuant to a separate interlocal agreement("NOP Interlocal Agreement");and WHEREAS,the CITY has approved and hereby reaffirms support for the NOP; and WHEREAS, in order to provide a neighborhood storefront police station, the CRA included as part of a separate Development Agreement ("Development Agreement"), attached hereto as Exhibit A, with Wells Landing Apartments, LLC ("Landlord"), limited funding for a development of a NOP office as further described as "Unit#8" or "Unit 8" in the Development Agreement ("NOP Office"), and a requirement that the NOP Office be provided for use by the NOP rent-free as further described in the Development Agreement; and WHEREAS, for purposes of this Agreement the term "Development Agreement" shall mean the Development Agreement as it has been and may be amended from time to time; and 00563126.1 306-9905604) 1 4854-7732-2846,v.2 1213 WHEREAS, the NOP officers are employed by the City and the NOP is operated by the CITY with financial support from the CRA pursuant to a separate interlocal agreement between the City and CRA; and WHEREAS, the CRA and City have determined that both parties will benefit if the City and Landlord enter into a separate lease for the NOP Office ("NOP Office Lease"); and WHEREAS,concurrent with the execution of this Agreement,the CRA and Landlord are entering into a Second Amendment to Development Agreement to permit the CRA to assign certain rights under the Development Agreement to the City; and WHEREAS,although the NOP Office Lease will be between the City and the CRA,the CRA desires to provide the funding described in the Development Agreement to ensure the presence of a neighborhood storefront police station; WHEREAS, the parties desire to ensure the NOP Office Lease remains rent-free to the City for use by the NOP; and WHEREAS, the CRA and City desire to ensure the NOP's continuous presence in the CRA's boundaries(the"CRA Area"); and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the NOP and NOP Office, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, the CRA and the CITY find that this Agreement serves a municipal and public purpose,and is in the best interest of the health,safety,and welfare of the CITY of Boynton Beach, specifically those in the CRA Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the sufficiency of which both parties hereby confirm and acknowledge, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a) The CRA shall pay the Landlord $100,054.00 ("NOP Office Funding") for costs for architectural, professional design services, and construction of the NOP Office, subject to certain restrictions set forth in the Development Agreement. 00563126.1 306-9905604) 2 4854-7732-2846,v.2 1214 b) The CRA hereby assigns its right to use the NOP Office rent-free, as set forth in the Development Agreement, and agrees to execute such documentation as may be necessary to effectuate this assignment. 3. Obligations of the CITY. a) The CITY shall maintain the NOP Office primarily for use by the NOP, as a neighborhood storefront police station distinct from ordinary police operations,until such time as the CRA is terminated or expires. b) The NOP shall have a at least one NOP officer available to meet at the NOP Office upon request during their assigned working hours, which may change from time to time. c) Except for the NOP Office Funding, the CITY shall pay for the construction, furnishing, equipping, maintenance, utilities, and all other fees and costs necessary to construct and use the NOP Office for the NOP. d) Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes and the required presence of the NOP Officers at the NOP Office. 4. Relationship to NOP Interlocal Agreement.Nothing in this Agreement shall be deemed to replace, terminate, modify or otherwise affect the NOP Interlocal Agreement, as it may be amended from time to time. However, in the event the NOP Interlocal Agreement is terminated, either party may terminate this Agreement upon 30 days' notice to the other party. 5. Limitation on CRA's Responsibilities.The CRA's responsibilities under this Agreement are limited to providing funding to Landlord as specified in Section 2(a) of this Agreement and executing documentation as described in Section 2(b)of this Agreement. 6. Indemnification.The CITY shall indemnify,save,and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees,by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including 00563126.1306-9905604) 3 4854-7732-2846,v.2 1215 equipment installation and removal) associated with the CITY's use of the NOP Office or design or construction thereof. Nothing in this Agreement shall be deemed to affect the rights,privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28,Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after upon the termination of the CRA or as otherwise provided for in this Agreement. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other Party,the Party giving notice of default may terminate this Agreement through written notice to the other Party, provided however, the CRA may not be held in default for failure of Landlord to execute documentation or failure of Landlord to respond to requests for the same. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of 1005631261306-9905604) 4 4854-7732-2846,v.2 1216 any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. In addition to the other remedies provided herein, in the event the CITY does not use the NOP Office for the NOP or does not maintain a daily NOP presence in the NOP Office, and fails to cure after the notice of default, the CITY shall pay the CRA $100,054.00; plus interest calculated at a rate of 4%per annum. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida,to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery 100363126.1 306-9905609) 5 4854-7732-2846,v.2 1217 receipt, or by overnight express delivery service,evidenced by a delivery receipt,addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Dan Dugger, City Manager CITY of Boynton Beach 100 E. Ocean Avenue Boynton Beach,FL 33435 b. CRA: Thuy Shutt,Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To:Michael Cirullo,Jr. Goren,Cherof,Doody&Ezrol,P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Kathryn Rossmell,Esquire Lewis,Longman&Walker,P.A. 515 North Flagler Drive, Suite 1500 West Pahn Beach,Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19.Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties.The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal 00563126.1 306-9905604} 6 4854-7732-2846,v.2 1218 document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20.Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e.,via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival.The provisions of this Agreement regarding indemnity,waiver,and termination,and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23.Attorney's Fees.If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. Signatures on following page.] 00563126.1 306-9905604) 7 4854-7732-2846,v.2 1219 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. pY N Tp ATTEST: 0i• S•'a. N.T.46 CITY OF BOYNTON BEACH, A., A'".\: y!. Florida municipal corporation s SEAL I J 1- I 4 :INCORPORATED' 5 y: i CITY le 4 ••. 1920 .: y Pe'"- rirri— Approved as to Form: FLORIDPr" Date: S " S - • L 4.4 _ 1 40 .1 0 ffice of the CITY , to ey Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY , ffice of the CRA Attorney Ty Pense -/'.air Date: : s` ? z0 z,3 00563126.1 306.9905604) 8 4854-7732-2846,v.2 1220 BUSINESS LEASE This AGREEMENT of.Lease(this"Lease"), is entered into this I`:hay of 2023, between Wells Landing Apartments LLC d/b/a The Heart of Boynton Sho s (h rein fter called the Lessor" or the "Landlord"), and The City of Boynton Beach (hereinafter Calle a "Lessee" or Tenant").WITNESSETH,that the said Lessor does this day Lease unto said Lessee and said Lessee does hereby hire and take as Tenant approximately: Square feet of Commercial Space: 1,055 square feet Location: 119 E Martin Luther King Jr.Blvd Suite 108 Boynton Beach,FL 33435 Accepted Use: Used and occupied by the Lessee as a Neighborhood Officer Program("NOP")Office and for no other purposes or uses whatsoever. Lease Term: Five(5)years subject and conditioned on the provisions of this lease. The Lease should begin July 1,2023 and end June 30,2028.Due to the construction of the retail space, dates may need to be adjusted.Tenant may automatically renew this lease for successive five(5)year periods upon written notice to the Landlord.Tenant agrees and understands that the move-in date is only an approximate date.Total rent payable as follows: Total Rent EACH year is: July 1,2023—June 30,2028: Annual Base Rent: $0.00 Monthly Base Rent: Zero Dollars and 0 Cents 0.00) Monthly Sales Tax: Zero Dollars and 0 Cents ($0.00) Monthly CAM Fee:Not to exceed($96.71.00) Monthly Total: Zero Dollars and 0 cents($0.00). In no case shall the total rent described above, plus any additional rent described herein,exceed an amount equal to 0.00 dollars($0.00)per square foot. Acceptance of Premises: Tenant accepts premises in "As Is" & "Where Is" condition. Tenant shall be responsible for all expenses associated with the direct operation of the Premises,including but not limited to, electric, water, cleaning, and all utility expenses. Tenant shall be fully responsible for obtaining a Certificate of Occupancy,Certificate of Use,and Business Tax Receipt from City of Boynton Beach and Palm Beach County,as applicable within One Hundred and Twenty(120)days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. Tenant is responsible for complying with all applicable laws,codes, rules and regulations, including but not limited to county/state/federal fire regulations.Tenant's failure to comply with the requirements of this paragraph shall be considered a breach of this Lease. Tenant is also responsible for any fees acquired due to the violations. Construction Assistance: Tenant shall receive financial assistance from the Boynton Beach CRA and/or the Landlord subject to the terms and conditions of an interlocal agreement. Rules and Regulations governing the use of the property including common areas: In addition to the terms set forth herein,Tenant understands and agrees to comply with certain rules that will be set forth by Landlord to assure safety, sanitation, code compliance, uniformity and cooperation 00355245.1 306-9905604) 1 1221 including matters such as:Parking,signage,trash removal,storage of personal property, loitering Tenant Responsibilities:Except as noted above, Tenant shall be responsible for all improvements and alterations to the interior.Tenant shall obtain all necessary permits and licenses to conduct work. Tenant agrees to pay for the all of the design and construction of build-out including but not limited to electrical, mechanical, plumbing, structural, building, fire and all other trades as applicable to current building codes. Tenant further agrees to hold Landlord harmless for all build-out improvements including any fees/fines required for final approvals. 1. ASSIGNMENT. Tenant shall not assign, transfer, sublease,mortgage,pledge or otherwise encumber the demised premises or any part thereof without the express, written consent of Landlord first obtained;provided,however,that Landlord's consent shall not be unreasonably withheld. In the event of any assignment,transfer or sublease by Tenant,Tenant shall remain liable for the full performance of each and every covenant and condition hereunder. Landlord's approval of any subtenant or assignee is conditioned upon there being no additional compliance required with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant and such approval shall create no responsibility or liability on the part of the Landlord for any non-compliance with laws,rules and regulations of any governmental authority. 2. TENANT COMPLIANCE. Tenant, at Tenant's sole expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state county and municipal authorities now in force or which may hereafter be in force, which shall impose any duty upon the Landlord or Tenant with respect to the use, occupation or alteration of the premises, and the Tenant shall use all reasonable efforts to fully comply with the Americans with Disability Act.Tenant agrees to pay tenant's pro-rata share of Landlord's capital expenditures required under any governmental law,rule or regulation that was not applicable to the building at the time it was originally constructed. Landlord,to its best knowledge,is currently complaint with all governing codes and regulations. 3. FIRE. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease, whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety(90)days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty.The cancellation herein mentioned shall be evidenced in writing. Tenant shall not be liable for rent during the time the premises are rendered"untenantable. . .. 4. ABANDONMENT. In the event the Lessee abandons the premises, the Landlord may, at his option, enter the leased premises,by force or otherwise, without being liable in any way. For the purpose of this section, both parties agree that the premises shall have been deemed abandoned and vacated if: 1)the Lessee has not entered the premises for five, consecutive working days, excluding weekends and holidays, and (2) the Lessee has not notified the Lessor, in writing, of its intentionto be away from the premises for vacation or other purpose. Delinquent shall be defined as ten (10) days past due. 5. RIGHT OF ENTRY. The Lessor or any of his agents, shall have the right to enter said premises during all reasonable hours with reasonable notice, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety,comfort or preservation thereof or of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice `FOR RENT"at any time within thirty(30) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions,which do not conform to this Lease or to the rules and regulations of the building. 00555245.1 306990.5664) 2 1222 6. ALTERATIONS. Lessee shall make no structural changes, alterations or mechanical improvements whatsoever without first having obtained the written consent of the Lessor which shall not be unreasonably withheld. Any structural improvements and additions to the premises which Lessee might make must comply with such municipal building and zoning code as would be applicable and shall be paid for in cash at time of making thereof,so as not to subject the premises to mechanics lien. If Landlord so elects, Tenant at its cost shall restore the premises to the condition designated by Landlord in its election, before the last day of the term of this Lease or within thirty (30) days after notice of election is given, whichever is earlier. Landlord's approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with all laws, rules and regulations of governmental agencies or authorities. 7. INTERIOR. Tenant agrees to keep the interior of said premises, all windows, screens, awnings, doors, including the overhead truck loading doors, interior walls, pipes, electrical fans, machinery, plumbing,electric wiring,and other fixtures and interior appurtenances,in good and substantial repair and clean condition at Tenant's own expense--fire, windstorm, or other act of God, alone excepted. All glass, both interior and exterior, is at the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, any glass broken during the terms of this lease. It is hereby understood and agreed that in the event that there is an air conditioning unit (or units) in the demised premises, the Tenant shall maintain and repair the same during the term of this lease and shall return said unit(or units)to the Landlord at the termination of this lease in good working order,reasonable wear and tear excepted.Tenant shall enter into a maintenance contract with a licensed mechanical contractor for the maintenance of said air conditioning units, and shall provide Landlord with a copy of said maintenance agreement within thirty(30)days of execution of this lease. 8. CHATTELS. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods, and chattels of said Lease,which shall or maybe brought or put on said premises as security for the payment of rent herein reserved and the Lessee agrees that the said lien may be enforced by distressed foreclosure or otherwise at the election of the said Lessor and Lessee agrees to pay collection costs. Except the equipment listed in the attached list and/or under lease and owned by third parties. 9. Without waiving the right to sovereign immunity,the Tenant acknowledges that it is self-insured for commercial general liability in the amounts specified in Florida Statutes Section.768..28,as may be amended from time to time. In addition,Tenant maintains a third-party commercial general liability insurance in lieu of exclusive reliance on self-insurance, which Tenant shall provide proof of the Certificate of Insurance to Landlord prior to the commencement of the Term. 10. HEIRS AND ASSIGNS.This Lease shall bind the Lessor and its assigns or successors and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be of the Lessee. 11.NOTICE. It is understood and agreed between the parties hereto that written notice by email,certified mail return receipt requested, mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice by email, certified mail return receipt requested, mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this Lease. 12. WAIVER.The rights of the Lessor under this Lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 00555245.1306.9903604} 3 1223 13. SIGNS. It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the Lessor for approval before installation of same.Tenant shall have the right to install its store sign on the Premises, at its sole cost and expense, in accordance with the code and sign criteria established by the City of Boynton Beach. 14. CHARGES FOR SERVICE. It is understood and agreed between the parties hereto that any charges assessed upon the Tenant by Landlord for services, utilities or for the work done on the premises by order of the Tenant,or otherwise accruing under this Lease, shall be considered as rent due and shall be included in any lien for rent. It is further understood that the Tenant shall, upon demand, pay as additional rent its pro rata share(s)of any sprinkler standby, storm water utility standby,water and/or sewer charges billable to the Landlord for the building(s) of which the demised premises are a part. Landlord represents that,at present,there are no pending charges. 15. BANKRUPTCY.If the Lessee shall become insolvent or if bankruptcy proceedings shall be instituted by or against the Lessee, before the end of this Lease,the Lessor is hereby irrevocably authorized to forthwith cancel this Lease,as for default. 16. SUBORDINATION.Subject to the provisions of Paragraph 33 below,this Lease shall be subordinate to any ground lease, mortgage,deed of trust, or any other hypothecation or security now or hereafter placed upon the property and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the leased premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the event of a foreclosure of any such mortgage or the termination of this Lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such foreclosure or termination, automatically become the Tenant of such successor in interest without change in the terms or other provisions of this Lease. Upon request by Landlord'smortgages or such successor in interest, Tenant shall execute and deliver, on terms and conditions reasonably acceptable to the parties,an instrument or instruments confirming the attornment herein provided for. Tenant agrees to execute and acknowledge any documents required to effectuate an attornment, subordination, or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Tenant's failure to execute such documents within ten (10) days after written demand shall constitute a material default by Tenant hereunder or, at Landlord's option, Landlord shall have the right to execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to execute such documents in accordance with this Section, said appointment to be a power during the term of this Lease coupled with an interest and irrevocable. 17. SURRENDER PREMISES. Lessee hereby accepts the premises in the condition they are in at the beginning of the Lease and agrees to maintain said premises in the same condition, order, and repair as they are at the commencement of said term and to return said premises in broom-swept clean and tenantable condition. Tenant shall not be permitted any holdover status upon termination or cancellation of this Lease. 18. WATER DAMAGE. It is expressly agreed and understood by and between the parties to this Lease that all personal property placed or moved in the premises above described shall be at the risk of the Lessee.The Lessor shall not be liable for any damage or injury by water, which may be sustained by the said Tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents or employees or by reason of the breakage,leakage,obstruction of the water,sewer or soil pipes in or about the said building. 19. RETURN OF PREMISES. At the termination of this Lease, the premises shall be restored to their original condition (subject to improvements and additions remaining at Lessor's option as described 00555243.1 306.9905604) 4 1224 above)and returned to.the Lessor'in broom-clean condition. 20. UTILITIES. The Tenant will be responsible for making arrangements with the utility company and the phone company for any electricity or phone service. and this Lease will begin on' the date indicated,whether or not the Tenant has been.ableto successfully arrange for such services, 21..PARKING. Motor vehicles shall be parked in the area directly in front of the leased bay and not in. front of the neighboring bays.Tenant appoints Landlord as'its attorney-in-fact to remove all vehicles which are improperly parked. Disabled, abandoned or improperly registered vehicles shall not be permitted to remain.On the parking area fora period longer.than 48 hours.Tenant to have the use of all the parking spaces in front of leased premises. 22. TRASH.REMOVED.Tenant shall provide for suitable containers for the collection of trash:and other waste.Tenant shall secure the removal of the trash and wasteat regular and periodic intervals so as to prevent the accumulation of trash in such a manner as to become a nuisance or health hazard.In the event the Tenant permits trash or waste to accumulate in an unsightly fashion, Landlord shall be authorized to remove same at Tenant's expense: 23. NO OUTSIDE STORAGE. Tenant shallconfine all.of its activities.to the interior portion of the demised premises and shall not conduct activities or store materials in the areas adjacent to the. demised premises. The parking area shall be used for parking by employees or visitors only. Tenant shallkeep the parking area outside its premises free of any waste, trash, or any other debris. No materials,equipment or any items related to the Tenant's business may be stored outside the premises overnight, with the exception of commercial trash containers. No pallets,'cardboard boxes or any other material shall be stored outside at any time.No chemicals, flammable items,.toxic substances, petroleum products or other contaminants shall be allowed in the property at any time. 24. ABANDONED PROPERTY.It is understood and agreed that any merchandise,fixtures, furniture'or equipment left.in the premises when Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishesany right of interest therein. Landlord is authorized to sell,dispose of or destroy same. 25, ESTOPPEL CERTIFICATE.Tenant, upon'request of Landlord Or any holders of a mortgage against the fee,shall fromtime to time deliver or cause to be delivered to Landlord or such mortgagee,within ten (10) days from date of demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying, if true; that this Lease is valid and existing and in full force* effect that Landlord's not indefault under any of the terms Of this Lease and"Such"oilier•matters as may be required by Landlord..or such mortgagee. Tenant further agrees to pay to Landlord, as. additional rent,an amount equal to 1/30 of one.month's rent at the monthly rental then obtaining,for each day,if any, in excess often(10)days after such demand that.'Tenant shall fail to deliver such a certificate as provided for in this.clause.. 26. HAZARDOUS SUBSTANCES - GENERAL. The term "Hazardous Substances,"'as used in this Lease shall mean pollutants,contaminants,toxic or hazardouswastes,or any other substances the.use and/or the removal of which is required or the use of which is restricted,prohibited or penalized by any"Environmental Law,"which term shall mean any federal,state or local law, ordinance or other statute of a governmental or quasigovernmental authority.relating to pollution or protection of the environment. Lessee hereby agrees that (i) no activity will be conducted on the premises that will produce any.I-Iazardous Substance, except.for such activities that.:are part of the ordinary course of Lessee's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency;.(ii)the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such; materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") 1005020.1 306-9901604 f 5 1225 provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii)no portion of the premises will be used as a landfill or a dump; (iv)Lessee will not install any underground tanks of any type;(v)Lessee will not allow any surface or subsurface conditions to exist or come into existence that constitute,or with the passage of time may constitute a public or private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought into the premises, except for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative shall have the right but not the obligation to enter the premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion,that said Permitted Materials are being improperly stored,used, or disposed of,then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within 24 hours, Lessor shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the premises is found to be so contaminated or subject to said conditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost, and Lessee agrees to indemnify and hold Lessor harmless from all claims, demand, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration of this Lease. 27. LANDLORD'S LIABILITY. The liability of the Landlord (which, for the purposes of this Lease, shall include the Owner of the building if other than the Landlord) to the Tenant for any default by Landlord under the terms of this Lease is limited to the interest of the Landlord in the building,and the Tenant agrees to look solely to the Landlords interest in the building for the recovery of any judgment. 28. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 29. ATTORNEY'S FEES. If either party becomes a party to any litigation concerning this Lease, the premises,or the building or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives,and not by any act or omission of the party or its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and all costs and expense incurred by it in connection with said litigation including available appeals thereof. 30. WAIVER OF TRIAL BY JURY. Tenant and Landlord hereby knowingly, voluntarily, and intentionally waive the right either may have to a trial by jury in respect to any litigation based thereon, or arising out of, under or in connection with this instrument and any agreement contemplated to be executed in conjunction herewith or any course of conduct, course of dealing, statements (whether verbal or written), or actions of either party. This provision is a material inducement for the Landlord leasing the premises to the Tenant. 31. CONDEMNATION. If any portion of the leased premises or the project are taken under the power of eminent domain,or sold under the threat of the exercise of said power(all of which are herein called condemnation'), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs;provided that if so much of the premises or project are taken by such condemnation as would substantially and adversely affect the operation and 00553245.1306-9905404) 6 1226 profitability of Tenant's business conducted from the premises, and said taking lasts for ninety (90) days or more, Tenant shall have the option, to be exercised only in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking(or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession), to terminate this Lease as of the date the condemning authority takes such possession. If a taking lasts for less than ninety(90)days,Tenant's rent shall be abated during said period but Tenant shall not have the right to terminate this Lease. If Tenant does not terminate this Lease in accordance with the foregoing,this Lease shall remain in full force and effect as to the portion of the premises remaining, except that the rent shall be reduced to the proportion that the usable floor area of the leased premises taken bears to the total usable floor area of the project. Landlord shall have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the premises or the project. Any award for the taking of all or any part of the premises or the project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, as severance damages,or as damages for tenant improvements;provided, however,that Tenant shall be entitled to any separate award for Ioss of or damage to Tenant's trade fixtures and removable personal property and any award available for the relocation of Tenant's business. In the event that this Lease is not terminated by reason of such condemnation, and subject to the requirements of any lender that has made a loan to Landlord encumbering the project, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation,repair any damage to the project caused by such condemnation except to the extent that Tenant has been reimbursed therefore by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Except as set forth in this Section,Landlord shall have no liability to Tenant for interruption of Tenant's business upon the premises, diminution of Tenant's ability to use the premises,or other injury or damage sustained by Tenant as a result of such condemnation. IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed,the day and year above written. Signed,sealed and delivered in the presence of: Witness as to Landlord: Landlord: Wells Landin •. = ents LLC d/b/a The Heart of Boynto .o•: Lewis Swezy, Manager of Mana!; By: By: K., Date: Da J 2. Witness as to Tenant: Tenant Name: City of Boynton Beach. Byr1 L.' —.Mgt By: Il _ lb. i , a ._ Date:^r'' 00333243.1 306-9903604) 7 1227 G\T Y o,. rt.*. 1, ETON 6 Memo To: Daniel Dugger, City Manager From: Stacey R. Weinger, Deputy City Attorney ,1 10 Date: June 19Th)---, 2024 Dept. CRA Matter# 24-0476 Re: Wells Landing Apartments LLC dba The Heart of Boynton Shops Unit 8 Business Lease Transmitted herewith are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. The City Manager is authorized to execute these documents in accordance with: Commission Approval. Resolution No. R23-064 To: Office of the City Clerk Please take the actions indicated below with respect to these documents: Q Attest to the execution of the Agreement by the City Manager. Insert the date of execution beneath the City Manager's signature (if not already dated). Expiration Date:May 31, 2029 This version of the Lease replaces the Lease dated May 16, 2023 Please retain one original as a public record and forward a copy of the fully-executed document to: Bonnie Nicklien, CRA To: Bonnie Nicklien, CRA Please forward the fully-executed document to the other party. Thank you. 1228 BUSINESS LEASE This AGREEMENT of Lease(this"Lease"),is entered into this 4 day of `.'Q_ 2024, between Wells Landing Apartments LLC d/b/a The Heart of Boynton Shops (hereinafter called the Lessor" or the "Landlord"), and The City of Boynton Beach (hereinafter called the "Lessee" or Tenant"). WITNESSETH,that the said Lessor does this day Lease unto said Lessee and said Lessee does hereby hire and take as Tenant approximately: Square feet of Commercial Space: 1,055 square feet Location:137 NE 106 Avenue Suite 108 Boynton Beach, FL 33435 Accepted Use: Used and occupied by the Lessee as a Neighborhood Officer Program ("NOP") Office and for no other purposes or uses whatsoever. Lease Term:Five(5)years subject and conditioned on the provisions of this lease. The Lease should begin June 1,2024 and end May 31,2029.Due to the construction of the retail space, dates may need to be adjusted.Tenant may automatically renew this lease for successive five(5)year periods upon written notice to the Landlord. Tenant agrees and understands that the move-in date is only an approximate date.Premises are available to Tenant as of the date of issuance of residential TCO. Total rent is payable as follows: Total Rent EACH year is: June 1,2024—May 31,2029: Annual Base Rent: $0.00 Monthly Base Rent: Zero Dollars and 0 Cents 0.00) Monthly Sales Tax: Zero Dollars and 0 Cents ($0.00) Monthly CAM Fee: Not to exceed ($96.71) Monthly Total: Zero Dollars and 0 cents ($0.00). In no case shall the total rent described above, plus any additional rent described herein, exceed an amount equal to 0.00 dollars ($0.00)per square foot. Acceptance of Premises: Tenant accepts premises in "As Is" & "Where Is" condition. Tenant shall be responsible for all expenses associated with the direct operation of the Premises, including but not limited to, electric, water, cleaning, and all utility expenses. Tenant shall be fully responsible for obtaining a Certificate of Occupancy,Certificate of Use, and Business Tax Receipt from City of Boynton Beach and Palm Beach County,as applicable within One Hundred and Twenty(120) days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. Tenant is responsible for complying with all applicable laws, codes, rules and regulations, including but not limited to county/state/federal fire regulations.Tenant's failure to comply with the requirements of this paragraph shall be considered a breach of this Lease. Tenant is also responsible for any fees acquired due to the violations. Construction Assistance: Tenant shall receive financial assistance from the Boynton Beach CRA and/or the Landlord subject to the terms and conditions of an interlocal agreement. Rules and Regulations governing the use of the property including common areas: In addition to the terms set forth herein, Tenant understands and agrees to comply with certain rules that 00555245.1306-9905604 1 1 1229 will be set forth by Landlord to assure safety, sanitation, code compliance, uniformity and cooperation including matters such as:Parking, signage,trash removal,storage of personal property,loitering Tenant Responsibilities: Except as noted above, Tenant shall be responsible for all improvements and alterations to the interior. Tenant shall obtain all necessary permits and licenses to conduct work. Tenant agrees to pay for the all of the design and construction of build-out including but not limited to electrical, mechanical, plumbing, structural, building, fire and all other trades as applicable to current building codes. Tenant further agrees to hold Landlord harmless for all build-out improvements including any fees/fines required for final approvals. 1. ASSIGNMENT. Tenant shall not assign, transfer, sublease, mortgage, pledge or otherwise encumber the demised premises or any part thereof without the express, written consent of Landlord first obtained;provided,however,that Landlord's consent shall not be unreasonably withheld. In the event of any assignment,transfer or sublease by Tenant,Tenant shall remain liable for the full performance of each and every covenant and condition hereunder. Landlord's approval of any subtenant or assignee is conditioned upon there being no additional compliance required with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant and such approval shall create no responsibility or liability on the part of the Landlord for any non-compliance with laws,rules and regulations of any governmental authority. 2. TENANT COMPLIANCE. Tenant, at Tenant's sole expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state county and municipal authorities now in force or which may hereafter be in force, which shall impose any duty upon the Landlord or Tenant with respect to the use, occupation or alteration of the premises, and the Tenant shall use all reasonable efforts to fully comply with the Americans with Disability Act. Tenant agrees to pay tenant's pro-rata share of Landlord's capital expenditures required under any governmental law, rule or regulation that was not applicable to the building at the time it was originally constructed. Landlord,to its best knowledge, is currently complaint with all governing codes and regulations. 3. FIRE. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease, whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety (90) days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. Tenant shall not be liable for rent during the time the premises are rendered untenantable. 4. ABANDONMENT. In the event the Lessee abandons the premises, the Landlord may, at his option, enter the leased premises, by force or otherwise, without being liable in any way. For the purpose of this section, both parties agree that the premises shall have been deemed abandoned and vacated if 1) the Lessee has not entered the premises for five, consecutive working days, excluding weekends and holidays, and (2) the Lessee has not notified the Lessor, in writing, of its intention to be away from the premises for vacation or other purpose. Delinquent shall be defined as ten (10) days past due. 5. RIGHT OF ENTRY. The Lessor or any of his agents, shall have the right to enter said premises during all reasonable hours with reasonable notice, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort or preservation thereof or of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice 'FOR RENT"at any time within thirty(30) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions,which do not conform to this Lease or to the rules and regulations of the building. 00555245.1906-9905604) 2 1230 6. ALTERATIONS. Lessee shall make no structural changes, alterations or mechanical improvements whatsoever without first having obtained the written consent of the Lessor which shall not be unreasonably withheld. Any structural improvements and additions to the premises which Lessee might make must comply with such municipal building and zoning code as would be applicable and shall be paid for in cash at time of making thereof, so as not to subject the premises to mechanics lien. If Landlord so elects, Tenant at its cost shall restore the premises to the condition designated by Landlord in its election, before the last day of the term of this Lease or within thirty (30) days after notice of election is given, whichever is earlier. Landlord's approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with all laws, rules and regulations of governmental agencies or authorities. 7. INTERIOR Tenant agrees to keep the interior of said premises, all windows, screens, awnings, doors, including the overhead truck loading doors, interior walls, pipes, electrical fans, machinery, plumbing,electric wiring, and other fixtures and interior appurtenances, in good and substantial repair and clean condition at Tenant's own expense--fire, windstonn, or other act of God, alone excepted. All glass, both interior and exterior, is at the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, any glass broken during the teens of this lease. It is hereby understood and agreed that in the event that there is an air conditioning unit (or units) in the demised premises, the Tenant shall maintain and repair the same during the term of this lease and shall return said unit (or units)to the Landlord at the termination of this lease in good working order,reasonable wear and tear excepted. Tenant shall enter into a maintenance contract with a licensed mechanical contractor for the maintenance of said air conditioning units, and shall provide Landlord with a copy of said maintenance agreement within thirty(30)days of execution of this lease. 8. CHATTELS. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods, and chattels of said Lease, which shall or maybe brought or put on said premises as security for the payment of rent herein reserved and the Lessee agrees that the said lien may be enforced by distressed foreclosure or otherwise at the election of the said Lessor and Lessee agrees to pay collection costs. Except the equipment listed in the attached list and/or under lease and owned by third parties. 9. Without waiving the right to sovereign immunity,the Tenant acknowledges that it is self-insured for commercial general liability in the amounts specified in Florida Statutes Section 768.28,as may be amended from time to time. In addition,Tenant maintains a third-party commercial general liability insurance in lieu of exclusive reliance on self-insurance, which Tenant shall provide proof of the Certificate of Insurance to Landlord prior to the commencement of the Term. 10. HEIRS AND ASSIGNS. This Lease shall bind the Lessor and its assigns or successors and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be of the Lessee. 11. NOTICE. It is understood and agreed between the parties hereto that written notice by email, certified mail return receipt requested, mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice by email, certified mail return receipt requested, mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this Lease. 12. WAIVER. The rights of the Lessor under this Lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 00555245 I 306-9905604 f 3 1231 13. SIGNS. It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the Lessor for approval before installation of same. Tenant shall have the right to install its store sign on the Premises, at its sole cost and expense, in accordance with the code and sign criteria established by the City of Boynton Beach. 14. CHARGES FOR SERVICE. It is understood and agreed between the parties hereto that any charges assessed upon the Tenant by Landlord for services, utilities or for the workdone on the premises by order of the Tenant, or otherwise accruing under this Lease, shall be considered as rent due and shall be included in any lien for rent. It is further understood that the Tenant shall, upon demand,,pay as additional rent its pro rata share(s) of any sprinkler standby, storm water utility standby, water and/or sewer charges billable to the Landlord for the buildings) of which the demised premises are a part. Landlord represents that,at present,there are no pending charges. 15. BANKRUPTCY.If the Lessee'shall become insolvent or if bankruptcy proceedings shall be instituted' by or against the Lessee, before the end of this Lease,the Lessor is hereby irrevocably authorized to forthwith cancel this Lease,as for a default. 16. SUBORDINATION. Subject to the provisions of Paragraph 33 below,this Lease shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the property and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the leased premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisionsof this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the event of a foreclosure of any such mortgage or the termination of this Lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such foreclosure or termination, automatically become the Tenant of such successor in interest without change in the terms or other provisions of this Lease. Upon request by Landlord's mortgages or such successor in interest, Tenant shall execute and deliver, on terms and conditions reasonably acceptable to the parties,an instrument or instruments confirming the attornment herein provided for. Tenant agrees to execute and acknowledge any documents required to effectuate an attornment, subordination, or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Tenant's failure to execute_ such documents within ten (10) days after written. demand shall constitute a material default by Tenant hereunder or, at Landlord's option, Landlord shall have the right to execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to execute such documents in accordance with this Section, said appointment to be a power during the term of this Lease coupled with an interest and irrevocable. 17. SURRENDER PREMISES. Lessee hereby accepts the premises in the condition they are in at the. beginning of the Lease and agrees.to maintain said premises in thesame condition, order,:and repair as they are at the commencement of said term and to return said premises in broom-swept clean and tenantable condition. Tenant shall not be permitted any holdover status upon termination or cancellation of this Lease. 18. WATER DAMAGE. It is expressly agreed and understood by and between the parties to this Lease that all personal property placed or moved in the premises above described'shall be at the risk'of the Lessee. The Lessor shall not be liable for any damage or injury by water, which may be sustained by the said Tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenantor agents or employees or by reason of the breakage, leakage,obstruction of the water,sewer or soil pipes in or about the said building. 19. RETURN OF PREMISES. At the termination of this Lease, the premises shall be restored to their 100555245 1 306990564.4} 4 1232 original condition (subject to improvements and additions remaining at Lessor's option as described above)and returned to.the Lessor in broom-clean condition. 20. UTILITIES. The Tenant will be responsible for making arrangements with the utility company and the phone company for any electricity or phone service and this Lease will begin on the date indicated,whether or not the Tenant has been able to successfully arrange for such services. 21. PARKING. Motor vehicles shall be parked in the area directly in front of the leased bay and not in front of the neighboring bays. Tenant appoints Landlord as its attorney-in-fact to remove all.vehicles which are improperly parked. Disabled, abandoned or improperly registered vehicles shall not be permitted to remain on the parking area for a period longer than 48 hours. Tenant to have the use of all the parking spaces in front of leased premises. 22. TRASH REMOVED.Tenant shall provide for suitable containers for the collection of trash and other waste.Tenant shall secure the removal of the trash and waste at regular and periodic intervals so as to prevent the accumulation of trash in such a manner as to become a nuisance or health hazard. In the event the.Tenant permits trash or waste to accumulate in an unsightly fashion, Landlord shall be authorized to remove same at Tenant's expense. 23. NO OUTSIDE STORAGE. Tenant shall confute all of its activities to the interior portion of the demised premises and shall not conduct activities or store materials in the areas adjacent to the demised premises. The parking area shall be used for parkingby employees or visitors only. Tenant shall keep the parking area outside its premises free of any waste, trash, or any other debris. No materials,equipment or any items related to the Tenant's business may be stored outside the premises overnight, with the exception of commercial trash containers. No pallets, cardboard boxes or any other material shall be stored outside at any time..No chemicals, flammable items, toxic substances, petroleum products or other contaminants shall be allowed in the property at any time. 24. ABANDONED PROPERTY. It is understood and,agreed that any merchandise, fixtures, furniture or equipment left in the premises When Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishes any right of interest therein. Landlord is authorized to sell,dispose of or destroy same. 25. ESTOPPEL CERTIFICATE. Tenant, upon request of Landlord or any holders of a mortgage against the fee,shall from time to time deliver or causeto be delivered to.Landlord or such mortgagee,within ten (10) days from date of demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying, if true, that this Lease is valid and existing and in full force, effect that Landlord is not in default under any of the terms of this Lease and such other matters as may be required by Landlord or such mortgagee. Tenant further agrees to pay to Landlord, as additional rent, an amount equal to 1/30.of one month's rent at the monthly rental then obtaining, for each day, if any, in excess often (10) days after such demand that Tenant shall fail to deliver such a certificate as provided for in this clause. 26. HAZARDOUS SUBSTANCES "GENERAL: The .term "Hazardous Substances," as used. in this Lease shall mean pollutants, contaminants,toxic or hazardous wastes, or any other substances the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any"Environmental Law," which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasigovernmental authority relating to pollution or protection of the environment. Lessee hereby agrees that (i).no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor, Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (ii) the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of:such 005552A5.1 306-9905604} 5 1233 materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor;.Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii)no portion of the premises will be used as a landfill or a dump; (iv)Lessee will notinstall any underground tanks of any type;,(v)Lessee will not allow any•surface or subsurface conditions to exist or come into existence that constitute,or with the passage of time may constitute a public or private nuisance;_(vi) Lessee will not permit any Hazardous Substances to be brought into the premises, except for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required-cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative shall have the right but not the obligation to enter the premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance: with .all Environmental Laws. Should it be determined, in Lessor's sole opinion,that said Permitted Materials are being improperly stored, used,or disposed of,then Lessee shall.immediately take such.corrective action as requested by Lessor. Should .Lessee fail to take such corrective action within. 24 hours, Lessor-shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said Work. If at any time during or after the term of the Lease, the premises is found to be-so contaminated or subjectto.said conditions,.Lessee shall.diligently institute proper and thorough cleanup procedures at Lessee's sole cost, and Lessee agrees to indemnify and hold Lessor harmless from all claims, demand, actions, liabilities, costs, expenses, damages .and obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration,of this Lease. 27. LANDLORD'S LIABILITY. The liability of the Landlord (which, for the purposes of this Lease, shall include the Owner of the building if other than the Landlord) to the Tenant for any default by Landlord under the terms.of this-Lease is limited to the interest of the Landlord in the building, and the Tenant agrees to.look solely to the Landlords interest in the building for the recovery of any judgment.. 28. RADON GAS. Radon is a naturally occurring.radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to.persons Who-are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 29. ATTORNEY'S FEES. If either party becomes a party to any litigation concerning:this Lease,_the premises, or the:building or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives,and not by any act or omission of the party or its authorized representatives,the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and all costs and eXpernse incurred by it in connection with said litigation including available appeals thereof. 30.-WAIVER OF TRIAL BY JURY. Tenant and Landlord -hereby knowingly, voluntarily, and intentionally waive the right either may have to a trial by.jury:in respect to any litigation based thereon, or arising out of under or in connection with this instrument .and any agreement contemplated to be executed in conjunction herewith or any'course of conduct, course of dealing, statements (whether verbal or written), or actions of either party. This provision is a material inducement for the Landlord leasing the premises to the Tenant. 31. CONDEMNATION. If any portion of the leased premises or the project are taken under the power of eminent domain,.or sold under the threat of the exercise of said power(all of which are herein called condemnation'), this Lease shall terminate as to the.part so taken as of the date the condemning authority takes title or possession,whichever first occurs;provided that if so much of the premises-or 00555245.1 706-9905604) 6 1234 project are taken by such condemnation as would substantially and adversely affect the operation and profitability of Tenant's business conducted from the premises, and said taking lasts for ninety (90) days or more, Tenant shall have the option, to be exercised only in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking(or in the absence of such notice, within thirty(30) days after the condemning authority shall have taken possession), to terminate this Lease as of the date the condemning authority takes such possession. If a taking lasts for less than ninety (90) days, Tenant's rent shall be abated during said period but Tenant shall not have the right to terminate this Lease. If Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the premises remaining, except that the rent shall be reduced to the proportion that the usable floor area of the leased premises taken bears to the total usable floor area of the project. Landlord shall have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the premises or the project. Any award for the taking of all or any part of the premises or the project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, as severance damages, or as damages for tenant improvements; provided, however, that Tenant shall be entitled to any separate award for loss of or damage to Tenant's trade fixtures and removable personal property and any award available for the relocation of Tenant's business. In the event that this Lease is not terminated by reason of such condemnation, and subject to the requirements of any lender that has made a loan to Landlord encumbering the project, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation, repair any damage to the project caused by such condemnation except to the extent that Tenant has been reimbursed therefore by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Except as set forth in this Section, Landlord shall have no liability to Tenant for interruption of Tenant's business upon the premises, diminution of Tenant's ability to use the premises, or other injury or damage sustained by Tenant as a result of such condemnation. IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed,the day and year above written. Signed,sealed and delivered in the presence of: Witness as to Landlord: Landlord: Wells Lan•,ng Apartments LLC d/b/a The Heart of Boy ii' ops by Lewis Swezy, Manager of *.j'r By:i "~—' By: Date: i /z L /Z'( Dat ffMrPir2A,2 Witnes • to Tenant:Tenant Name: City of Boynton Bea h B • j 't 1.. P an ie Dugger, • • .n.";r Date: kQ FEL Date: 4)/41 QjOY N roti`Akk CITY AT e'NEY'S OFFICE i O : 1"‹.<\< '\ Approved isf. pnd legality 41,1 U• SEAL 'IS ey R.Weinger, I INCORPORATED; Deputy City Attorney 00555245.1 305-9905604 O 7 192 FLOR\O 1235 NOP Office Buildout Budget Name Model Unit Price Units Extended Price BBCRA BBPD BBCRA Cost BBPD Cost Tenant Buildout $155,874.71 1 $155,874.71 1 $155,874.71 $0.00 Ext. Camera 6.0c-h5a-dp1-IR $1,034.43 2 $2,068.86 1 $2,068.86 $0.00 Int. Camera 12w-h5a-fe-do1-IR $951.74 2 $1,903.48 1 $0.00 $1,903.48 NVR NVR4x-std-24tb-s16-na $11,929.63 1 $11,929.63 1 $11,929.63 $0.00 Ext. Camera Mount acc7-ent-h4a-mt-wall1 $60.40 2 $120.80 1 $120.80 $0.00 Life Safety Power (Doors/Readers)*ac-lsp-8dr-mer-lck $678.69 1 $678.69 1 0 $678.69 $0.00 Intelligent Controller (Doors and readers)*ac-mer-cont-lp1502 $1,059.18 1 $1,059.18 0 1 $0.00 $1,059.18 Reader interface (Doors and readers)*ac-mer-con-mr52-s3b $583.24 1 $583.24 0 1 $0.00 $583.24 Network Comm Module remote (Fire)ac-lsp-nl4 $325.36 1 $325.36 1 $325.36 $0.00 Card Reader AC-HID-READER-SIGNO .$565.65 4 $2,262.60 1 $0.00 $2,262.60 28 port switch CBS350-24FP-4G-NA $1,604.68 1 $1,604.68 1 $1,604.68 $0.00 Master Tech (labor)Master Tech (GSA)$110.83 160 $17,732.80 1 $17,732.80 $0.00 System Design Engineer (labor)System Design Engineer($110.83 16 $1,773.28 1 $1,773.28 $0.00 Project Manager (labor)Project manager (GSA)$110.83 34 $3,768.22 1 $3,768.22 $0.00 Alarm Service 1-yr (Operating) Miscellaneous $3,987.43 1 $3,987.43 1 $3,987.43 $0.00 Door Access control pre-build Miscellaneous $879.34 4 $3,517.36 1 $0.00 $3,517.36 Rack and Battery backup Miscellaneous $1,982.45 1 $1,982.45 1 $1,982.45 $0.00 Labor Camera/Reader/Programming/Wiring Miscellaneous $4,783.00 1 $4,783.00 0.5 0.5 $2,391.50 $2,391.50 Furniture, Fixtures, and Equipment Miscellaneous $20,260.00 1 $20,260.00 0 1 0 $20,260.00 $204,238.41 $31,977.36Total EXHIBIT B 1236 RS Construction of Dade, Inc.Date: 12/5/24 CGC 040308 7735 NW 146th Street, Suite 306 Miami Lakes, FL 33016 305-821-0330 Proposal For: WORK TO UNIT 108 HOB NOP OFFICE SPACE 137 NE 10th Avenue - Unit 108 Boynton Beach , Florida 33125 Scope of Work All Labor & Materials for the Interior Built - Out for Unit #108 according to plans by The Construction & Architecture Group ,Inc, final plans Schedule of Value Drywall & Drywall Finish $ 20,500.00 ARMORTEX BULLET- RESISTANCE FIBERGLASS PANELS- ALLOWANCE - NEED LEVEL OF SECURTY &THICKNESS $ 6,000.00 Acoustical Tile $ 5,785.00 Insulation $ 2,200.00 Doors & Hardware $ 6,900.00 STORE FRONT GLASS DOOR WITH SIDELIGHTS $ 5,874.00 Painting $ 2,200.00 Flooring & Tile - AS PER TILE PROPOSAL $ 6,149.20 FRP PANEL $ 750.00 Cabinets & Tops AS PER PROPOSAL $ 5,000.00 HVAC - Mechanical System $ 18,830.00 Plumbing & Plumbing Fixtures $ 14,631.00 Fire Sprinklers $ 4,278.00 Electrical, Main Panels (COPPER SEED) $ 24,050.00 Light Fixtures $ 4,800.00 Fire Alarms $ 4,500.00 Appliances $ 910.00 Specilaties - Handicap Requirements In Bathrooms $ 2,375.00 Rough & Final Cleaning $ 1,000.00 SubTotal $ 136,732.20 GC FEE - 14 % $ 19,142.51 TOTAL CONSTRUCTION COST $ 155,874.71 Intercom System & Camera System By Tenant Communication System & Wi-Fi System By Tenant This proposal includes all fees, materials, labor, over head & profit until we received the final permit set . Final Proposal 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 NEW BUSINESS AGENDA ITEM 15.E SUBJECT: Discussion and Consideration of the Authorization of Acting Executive Director to Sign the Construction Contract for Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program SUMMARY: The CRA Board approved the Development Agreement and subsequent First and Second Amendments between the CRA and Centennial Management Corp. (CMC)/Wells Landing Apartments, LLC (d/b/a Heart of Boynton Shops) for the commercial component (see Attachment I-III). As defined in the Development Agreements, Unit 8 is a 1,055 square foot rent-free space dedicated to the CRA's NOP Program. At the May 9, 2024 CRA Board Meeting and May 16, 2024 City Commission meeting, Resolution 23-064 was approved (see Attachment IV) authorizing the City to enter into a lease agreement with CMC. The ILA also allows the CRA to reimburse CMC for the build-out of the NOP Office and allow the CRA to reimburse the City for the monthly operational expenses outlined in the lease. The lease will be between the City and CMC since the lease term will survive the CRA sunset in 2044. On December 5, 2024, the CRA received a final cost from CMC's contractor RS Construction of Dade, Inc. for the build-out of the NOP which totals approximately $155,875 (see Attachment V). The previous agenda item 15.D. is the Interlocal Agreement which provides for the City and CRA contribution for the construction costs (see Attachment VI). The CRA is seeking Board approval for the Acting Executive Director to enter into a construction contract with RS Construction of Dade, Inc. for the NOP Office located in the Heart of Boynton Shops at 137 NE 10th Avenue, Unit 108 (see Attachment VII). FISCAL IMPACT: FY 2022-2023 Project Fund Budget; #02-58100-203; $25,000 (design fees) FY 2022-2023 Project Fund Budget; #02-58200-406; $75,054 (tenant buildout) FY 2024-2025 Project Fund Budget; #02-58500-460; $80,821 (tenant buildout) 1249 •Attachment I - Executed Development Agreement •Attachment II - Executed First Amendment to the Development Agreement •Attachment III - Executed Second Amendment to the Development Agreement •Attachment IV - R23-064 •Attachment V - Final Cost Estimate •Attachment VI - NOP Office Funding ILA •Attachment VII - Construction Contract CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Authorization of Acting Executive Director to Sign the Construction Contract for Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program pending final legal review. 2. Alternative direction based on Board discussion. ATTACHMENTS: Description 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1 RESOLUTION NO. R23-064 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO 6 EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 7 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 8 REDEVELOPMENT AGENCY FOR THE USE OF UNIT 8 AT THE HEART OF 9 BOYNTON SHOPS FOR THE NEIGHBORHOOD OFFICER POLICING (NOP) 10 PROGRAM AND THE ASSOCIATED LEASE AGREEMENT WITH WELLS 11 LANDING APARTMENTS, LLC FOR UNIT 8; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, at the October 12, 2021, CRA Board meeting, the Board approved the 15 relocation of the Neighborhood Officer Policing (NOP) Program office from the Ocean Breeze 16 East Apartments to the E. MLK Jr. Boulevard Commercial portion of the mixed-use project; and 17 WHEREAS, as defined in the Development Agreement approved by the CRA, Unit 8 is a 18 1,055 square foot rent-free space dedicated to the CRA's NOP Program and per section 5.b.ii of 19 the Agreement, the Neighborhood Officer Program Office ("NOP Office") shall be completed 20 and in move-in ready condition within 18 months of the February 8, 2022 effective date (or 21 August 8, 2023); and 22 WHEREAS, once the build-out is complete,the NOP will lease the space from CMC since 23 the lease term will survive the CRA sunset in 2044; and 24 WHEREAS, an Interlocal Agreement is required to allow the City to lease the rent- free 25 space from CMC for the NOP Program and the CRA to reimburse CMC for the buildout of the 26 NOP Office; and 27 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation of 28 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 29 to approve and authorize the proper City officials to execute an Interlocal Agreement between 30 the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the 31 Use of Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) 32 Program and the associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 34 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\ILA with CRA and Lease for NOP-Reso.docx 1280 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption 37 hereof. 38 Section 2. The City Commission of the City of Boynton Beach hereby approves and 39 authorizes the proper City officials to execute an Interlocal Agreement between the City of 40 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of Unit 41 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program and the 42 associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. A copy of the 43 Interlocal Agreement is attached hereto and made a part here as Exhibit "A" and a copy of the 44 Lease is attached hereto and made a part hereof as Exhibit "B". 45 Section 3. That this Resolution shall become effective immediately upon passage. 46 PASSED AND ADOPTED this 16th day of May, 2023. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 50 Mayor—Ty Penserga 51 52 Vice Mayor—Thomas Turkin 53 54 Commissioner—Angela Cruz 55 56 Commissioner—Woodrow L. Hay 57 58 Commissioner—Aimee Kelley 59 60 VOTE 5-D 61 ATTa '62 63 AAMI . A, 1_! 4111( 64 Maylee ue J •"s, MPA, M Ty Peir 65 City Clerk o NTON B%66 QoRA•Te•...10 oto 67 O co ••y • APP 7 AS • FO' ' 68 (Corporate Seal) i 00: v 69 i c: ORPOR 1N0 20 : 70 14 ••. 19 Michael D. Cirullo,Jr. 71 11‘. • • FLORCity Attorney S:\CA\RI SO\Agreements\ILA with CRA and Lease for NOP-Reso.doex 1281 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING THE NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the Party"or"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan")calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, pursuant to Sections 163.340, 160.345, and 163.370, Florida Statutes, the CRA is empowered to develop and implement community policing innovations, which includes increasing the visible presence of police in the community through citizen contract patrol, neighborhood storefront police stations,and other means; WHEREAS,the CRA has established, in conjunction with the City,a community policing innovation known as the Neighborhood Officer Policing Program ("NOP")pursuant to a separate interlocal agreement("NOP Interlocal Agreement");and WHEREAS,the CITY has approved and hereby reaffirms support for the NOP; and WHEREAS, in order to provide a neighborhood storefront police station, the CRA included as part of a separate Development Agreement ("Development Agreement"), attached hereto as Exhibit A, with Wells Landing Apartments, LLC ("Landlord"), limited funding for a development of a NOP office as further described as "Unit#8" or "Unit 8" in the Development Agreement ("NOP Office"), and a requirement that the NOP Office be provided for use by the NOP rent-free as further described in the Development Agreement; and WHEREAS, for purposes of this Agreement the term "Development Agreement" shall mean the Development Agreement as it has been and may be amended from time to time; and 00563126.1 306-9905604) 1 4854-7732-2846,v.2 1282 WHEREAS, the NOP officers are employed by the City and the NOP is operated by the CITY with financial support from the CRA pursuant to a separate interlocal agreement between the City and CRA; and WHEREAS, the CRA and City have determined that both parties will benefit if the City and Landlord enter into a separate lease for the NOP Office ("NOP Office Lease"); and WHEREAS,concurrent with the execution of this Agreement,the CRA and Landlord are entering into a Second Amendment to Development Agreement to permit the CRA to assign certain rights under the Development Agreement to the City; and WHEREAS,although the NOP Office Lease will be between the City and the CRA,the CRA desires to provide the funding described in the Development Agreement to ensure the presence of a neighborhood storefront police station; WHEREAS, the parties desire to ensure the NOP Office Lease remains rent-free to the City for use by the NOP; and WHEREAS, the CRA and City desire to ensure the NOP's continuous presence in the CRA's boundaries(the"CRA Area"); and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the NOP and NOP Office, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, the CRA and the CITY find that this Agreement serves a municipal and public purpose,and is in the best interest of the health,safety,and welfare of the CITY of Boynton Beach, specifically those in the CRA Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the sufficiency of which both parties hereby confirm and acknowledge, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a) The CRA shall pay the Landlord $100,054.00 ("NOP Office Funding") for costs for architectural, professional design services, and construction of the NOP Office, subject to certain restrictions set forth in the Development Agreement. 00563126.1 306-9905604) 2 4854-7732-2846,v.2 1283 b) The CRA hereby assigns its right to use the NOP Office rent-free, as set forth in the Development Agreement, and agrees to execute such documentation as may be necessary to effectuate this assignment. 3. Obligations of the CITY. a) The CITY shall maintain the NOP Office primarily for use by the NOP, as a neighborhood storefront police station distinct from ordinary police operations,until such time as the CRA is terminated or expires. b) The NOP shall have a at least one NOP officer available to meet at the NOP Office upon request during their assigned working hours, which may change from time to time. c) Except for the NOP Office Funding, the CITY shall pay for the construction, furnishing, equipping, maintenance, utilities, and all other fees and costs necessary to construct and use the NOP Office for the NOP. d) Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes and the required presence of the NOP Officers at the NOP Office. 4. Relationship to NOP Interlocal Agreement.Nothing in this Agreement shall be deemed to replace, terminate, modify or otherwise affect the NOP Interlocal Agreement, as it may be amended from time to time. However, in the event the NOP Interlocal Agreement is terminated, either party may terminate this Agreement upon 30 days' notice to the other party. 5. Limitation on CRA's Responsibilities.The CRA's responsibilities under this Agreement are limited to providing funding to Landlord as specified in Section 2(a) of this Agreement and executing documentation as described in Section 2(b)of this Agreement. 6. Indemnification.The CITY shall indemnify,save,and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees,by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including 00563126.1306-9905604) 3 4854-7732-2846,v.2 1284 equipment installation and removal) associated with the CITY's use of the NOP Office or design or construction thereof. Nothing in this Agreement shall be deemed to affect the rights,privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28,Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after upon the termination of the CRA or as otherwise provided for in this Agreement. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other Party,the Party giving notice of default may terminate this Agreement through written notice to the other Party, provided however, the CRA may not be held in default for failure of Landlord to execute documentation or failure of Landlord to respond to requests for the same. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of 1005631261306-9905604) 4 4854-7732-2846,v.2 1285 any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. In addition to the other remedies provided herein, in the event the CITY does not use the NOP Office for the NOP or does not maintain a daily NOP presence in the NOP Office, and fails to cure after the notice of default, the CITY shall pay the CRA $100,054.00; plus interest calculated at a rate of 4%per annum. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida,to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery 100363126.1 306-9905609) 5 4854-7732-2846,v.2 1286 receipt, or by overnight express delivery service,evidenced by a delivery receipt,addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Dan Dugger, City Manager CITY of Boynton Beach 100 E. Ocean Avenue Boynton Beach,FL 33435 b. CRA: Thuy Shutt,Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To:Michael Cirullo,Jr. Goren,Cherof,Doody&Ezrol,P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Kathryn Rossmell,Esquire Lewis,Longman&Walker,P.A. 515 North Flagler Drive, Suite 1500 West Pahn Beach,Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19.Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties.The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal 00563126.1 306-9905604} 6 4854-7732-2846,v.2 1287 document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20.Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e.,via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival.The provisions of this Agreement regarding indemnity,waiver,and termination,and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23.Attorney's Fees.If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. Signatures on following page.] 00563126.1 306-9905604) 7 4854-7732-2846,v.2 1288 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. pY N Tp ATTEST: 0i• S•'a. N.T.46 CITY OF BOYNTON BEACH, A., A'".\: y!. Florida municipal corporation s SEAL I J 1- I 4 :INCORPORATED' 5 y: i CITY le 4 ••. 1920 .: y Pe'"- rirri— Approved as to Form: FLORIDPr" Date: S " S - • L 4.4 _ 1 40 .1 0 ffice of the CITY , to ey Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY , ffice of the CRA Attorney Ty Pense -/'.air Date: : s` ? z0 z,3 00563126.1 306.9905604) 8 4854-7732-2846,v.2 1289 BUSINESS LEASE This AGREEMENT of.Lease(this"Lease"), is entered into this I`:hay of 2023, between Wells Landing Apartments LLC d/b/a The Heart of Boynton Sho s (h rein fter called the Lessor" or the "Landlord"), and The City of Boynton Beach (hereinafter Calle a "Lessee" or Tenant").WITNESSETH,that the said Lessor does this day Lease unto said Lessee and said Lessee does hereby hire and take as Tenant approximately: Square feet of Commercial Space: 1,055 square feet Location: 119 E Martin Luther King Jr.Blvd Suite 108 Boynton Beach,FL 33435 Accepted Use: Used and occupied by the Lessee as a Neighborhood Officer Program("NOP")Office and for no other purposes or uses whatsoever. Lease Term: Five(5)years subject and conditioned on the provisions of this lease. The Lease should begin July 1,2023 and end June 30,2028.Due to the construction of the retail space, dates may need to be adjusted.Tenant may automatically renew this lease for successive five(5)year periods upon written notice to the Landlord.Tenant agrees and understands that the move-in date is only an approximate date.Total rent payable as follows: Total Rent EACH year is: July 1,2023—June 30,2028: Annual Base Rent: $0.00 Monthly Base Rent: Zero Dollars and 0 Cents 0.00) Monthly Sales Tax: Zero Dollars and 0 Cents ($0.00) Monthly CAM Fee:Not to exceed($96.71.00) Monthly Total: Zero Dollars and 0 cents($0.00). In no case shall the total rent described above, plus any additional rent described herein,exceed an amount equal to 0.00 dollars($0.00)per square foot. Acceptance of Premises: Tenant accepts premises in "As Is" & "Where Is" condition. Tenant shall be responsible for all expenses associated with the direct operation of the Premises,including but not limited to, electric, water, cleaning, and all utility expenses. Tenant shall be fully responsible for obtaining a Certificate of Occupancy,Certificate of Use,and Business Tax Receipt from City of Boynton Beach and Palm Beach County,as applicable within One Hundred and Twenty(120)days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. Tenant is responsible for complying with all applicable laws,codes, rules and regulations, including but not limited to county/state/federal fire regulations.Tenant's failure to comply with the requirements of this paragraph shall be considered a breach of this Lease. Tenant is also responsible for any fees acquired due to the violations. Construction Assistance: Tenant shall receive financial assistance from the Boynton Beach CRA and/or the Landlord subject to the terms and conditions of an interlocal agreement. Rules and Regulations governing the use of the property including common areas: In addition to the terms set forth herein,Tenant understands and agrees to comply with certain rules that will be set forth by Landlord to assure safety, sanitation, code compliance, uniformity and cooperation 00355245.1 306-9905604) 1 1290 including matters such as:Parking,signage,trash removal,storage of personal property, loitering Tenant Responsibilities:Except as noted above, Tenant shall be responsible for all improvements and alterations to the interior.Tenant shall obtain all necessary permits and licenses to conduct work. Tenant agrees to pay for the all of the design and construction of build-out including but not limited to electrical, mechanical, plumbing, structural, building, fire and all other trades as applicable to current building codes. Tenant further agrees to hold Landlord harmless for all build-out improvements including any fees/fines required for final approvals. 1. ASSIGNMENT. Tenant shall not assign, transfer, sublease,mortgage,pledge or otherwise encumber the demised premises or any part thereof without the express, written consent of Landlord first obtained;provided,however,that Landlord's consent shall not be unreasonably withheld. In the event of any assignment,transfer or sublease by Tenant,Tenant shall remain liable for the full performance of each and every covenant and condition hereunder. Landlord's approval of any subtenant or assignee is conditioned upon there being no additional compliance required with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant and such approval shall create no responsibility or liability on the part of the Landlord for any non-compliance with laws,rules and regulations of any governmental authority. 2. TENANT COMPLIANCE. Tenant, at Tenant's sole expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state county and municipal authorities now in force or which may hereafter be in force, which shall impose any duty upon the Landlord or Tenant with respect to the use, occupation or alteration of the premises, and the Tenant shall use all reasonable efforts to fully comply with the Americans with Disability Act.Tenant agrees to pay tenant's pro-rata share of Landlord's capital expenditures required under any governmental law,rule or regulation that was not applicable to the building at the time it was originally constructed. Landlord,to its best knowledge,is currently complaint with all governing codes and regulations. 3. FIRE. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease, whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety(90)days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty.The cancellation herein mentioned shall be evidenced in writing. Tenant shall not be liable for rent during the time the premises are rendered"untenantable. . .. 4. ABANDONMENT. In the event the Lessee abandons the premises, the Landlord may, at his option, enter the leased premises,by force or otherwise, without being liable in any way. For the purpose of this section, both parties agree that the premises shall have been deemed abandoned and vacated if: 1)the Lessee has not entered the premises for five, consecutive working days, excluding weekends and holidays, and (2) the Lessee has not notified the Lessor, in writing, of its intentionto be away from the premises for vacation or other purpose. Delinquent shall be defined as ten (10) days past due. 5. RIGHT OF ENTRY. The Lessor or any of his agents, shall have the right to enter said premises during all reasonable hours with reasonable notice, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety,comfort or preservation thereof or of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice `FOR RENT"at any time within thirty(30) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions,which do not conform to this Lease or to the rules and regulations of the building. 00555245.1 306990.5664) 2 1291 6. ALTERATIONS. Lessee shall make no structural changes, alterations or mechanical improvements whatsoever without first having obtained the written consent of the Lessor which shall not be unreasonably withheld. Any structural improvements and additions to the premises which Lessee might make must comply with such municipal building and zoning code as would be applicable and shall be paid for in cash at time of making thereof,so as not to subject the premises to mechanics lien. If Landlord so elects, Tenant at its cost shall restore the premises to the condition designated by Landlord in its election, before the last day of the term of this Lease or within thirty (30) days after notice of election is given, whichever is earlier. Landlord's approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with all laws, rules and regulations of governmental agencies or authorities. 7. INTERIOR. Tenant agrees to keep the interior of said premises, all windows, screens, awnings, doors, including the overhead truck loading doors, interior walls, pipes, electrical fans, machinery, plumbing,electric wiring,and other fixtures and interior appurtenances,in good and substantial repair and clean condition at Tenant's own expense--fire, windstorm, or other act of God, alone excepted. All glass, both interior and exterior, is at the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, any glass broken during the terms of this lease. It is hereby understood and agreed that in the event that there is an air conditioning unit (or units) in the demised premises, the Tenant shall maintain and repair the same during the term of this lease and shall return said unit(or units)to the Landlord at the termination of this lease in good working order,reasonable wear and tear excepted.Tenant shall enter into a maintenance contract with a licensed mechanical contractor for the maintenance of said air conditioning units, and shall provide Landlord with a copy of said maintenance agreement within thirty(30)days of execution of this lease. 8. CHATTELS. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods, and chattels of said Lease,which shall or maybe brought or put on said premises as security for the payment of rent herein reserved and the Lessee agrees that the said lien may be enforced by distressed foreclosure or otherwise at the election of the said Lessor and Lessee agrees to pay collection costs. Except the equipment listed in the attached list and/or under lease and owned by third parties. 9. Without waiving the right to sovereign immunity,the Tenant acknowledges that it is self-insured for commercial general liability in the amounts specified in Florida Statutes Section.768..28,as may be amended from time to time. In addition,Tenant maintains a third-party commercial general liability insurance in lieu of exclusive reliance on self-insurance, which Tenant shall provide proof of the Certificate of Insurance to Landlord prior to the commencement of the Term. 10. HEIRS AND ASSIGNS.This Lease shall bind the Lessor and its assigns or successors and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be of the Lessee. 11.NOTICE. It is understood and agreed between the parties hereto that written notice by email,certified mail return receipt requested, mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice by email, certified mail return receipt requested, mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this Lease. 12. WAIVER.The rights of the Lessor under this Lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 00555245.1306.9903604} 3 1292 13. SIGNS. It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the Lessor for approval before installation of same.Tenant shall have the right to install its store sign on the Premises, at its sole cost and expense, in accordance with the code and sign criteria established by the City of Boynton Beach. 14. CHARGES FOR SERVICE. It is understood and agreed between the parties hereto that any charges assessed upon the Tenant by Landlord for services, utilities or for the work done on the premises by order of the Tenant,or otherwise accruing under this Lease, shall be considered as rent due and shall be included in any lien for rent. It is further understood that the Tenant shall, upon demand, pay as additional rent its pro rata share(s)of any sprinkler standby, storm water utility standby,water and/or sewer charges billable to the Landlord for the building(s) of which the demised premises are a part. Landlord represents that,at present,there are no pending charges. 15. BANKRUPTCY.If the Lessee shall become insolvent or if bankruptcy proceedings shall be instituted by or against the Lessee, before the end of this Lease,the Lessor is hereby irrevocably authorized to forthwith cancel this Lease,as for default. 16. SUBORDINATION.Subject to the provisions of Paragraph 33 below,this Lease shall be subordinate to any ground lease, mortgage,deed of trust, or any other hypothecation or security now or hereafter placed upon the property and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the leased premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the event of a foreclosure of any such mortgage or the termination of this Lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such foreclosure or termination, automatically become the Tenant of such successor in interest without change in the terms or other provisions of this Lease. Upon request by Landlord'smortgages or such successor in interest, Tenant shall execute and deliver, on terms and conditions reasonably acceptable to the parties,an instrument or instruments confirming the attornment herein provided for. Tenant agrees to execute and acknowledge any documents required to effectuate an attornment, subordination, or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Tenant's failure to execute such documents within ten (10) days after written demand shall constitute a material default by Tenant hereunder or, at Landlord's option, Landlord shall have the right to execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to execute such documents in accordance with this Section, said appointment to be a power during the term of this Lease coupled with an interest and irrevocable. 17. SURRENDER PREMISES. Lessee hereby accepts the premises in the condition they are in at the beginning of the Lease and agrees to maintain said premises in the same condition, order, and repair as they are at the commencement of said term and to return said premises in broom-swept clean and tenantable condition. Tenant shall not be permitted any holdover status upon termination or cancellation of this Lease. 18. WATER DAMAGE. It is expressly agreed and understood by and between the parties to this Lease that all personal property placed or moved in the premises above described shall be at the risk of the Lessee.The Lessor shall not be liable for any damage or injury by water, which may be sustained by the said Tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents or employees or by reason of the breakage,leakage,obstruction of the water,sewer or soil pipes in or about the said building. 19. RETURN OF PREMISES. At the termination of this Lease, the premises shall be restored to their original condition (subject to improvements and additions remaining at Lessor's option as described 00555243.1 306.9905604) 4 1293 above)and returned to.the Lessor'in broom-clean condition. 20. UTILITIES. The Tenant will be responsible for making arrangements with the utility company and the phone company for any electricity or phone service. and this Lease will begin on' the date indicated,whether or not the Tenant has been.ableto successfully arrange for such services, 21..PARKING. Motor vehicles shall be parked in the area directly in front of the leased bay and not in. front of the neighboring bays.Tenant appoints Landlord as'its attorney-in-fact to remove all vehicles which are improperly parked. Disabled, abandoned or improperly registered vehicles shall not be permitted to remain.On the parking area fora period longer.than 48 hours.Tenant to have the use of all the parking spaces in front of leased premises. 22. TRASH.REMOVED.Tenant shall provide for suitable containers for the collection of trash:and other waste.Tenant shall secure the removal of the trash and wasteat regular and periodic intervals so as to prevent the accumulation of trash in such a manner as to become a nuisance or health hazard.In the event the Tenant permits trash or waste to accumulate in an unsightly fashion, Landlord shall be authorized to remove same at Tenant's expense: 23. NO OUTSIDE STORAGE. Tenant shallconfine all.of its activities.to the interior portion of the demised premises and shall not conduct activities or store materials in the areas adjacent to the. demised premises. The parking area shall be used for parking by employees or visitors only. Tenant shallkeep the parking area outside its premises free of any waste, trash, or any other debris. No materials,equipment or any items related to the Tenant's business may be stored outside the premises overnight, with the exception of commercial trash containers. No pallets,'cardboard boxes or any other material shall be stored outside at any time.No chemicals, flammable items,.toxic substances, petroleum products or other contaminants shall be allowed in the property at any time. 24. ABANDONED PROPERTY.It is understood and agreed that any merchandise,fixtures, furniture'or equipment left.in the premises when Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishesany right of interest therein. Landlord is authorized to sell,dispose of or destroy same. 25, ESTOPPEL CERTIFICATE.Tenant, upon'request of Landlord Or any holders of a mortgage against the fee,shall fromtime to time deliver or cause to be delivered to Landlord or such mortgagee,within ten (10) days from date of demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying, if true; that this Lease is valid and existing and in full force* effect that Landlord's not indefault under any of the terms Of this Lease and"Such"oilier•matters as may be required by Landlord..or such mortgagee. Tenant further agrees to pay to Landlord, as. additional rent,an amount equal to 1/30 of one.month's rent at the monthly rental then obtaining,for each day,if any, in excess often(10)days after such demand that.'Tenant shall fail to deliver such a certificate as provided for in this.clause.. 26. HAZARDOUS SUBSTANCES - GENERAL. The term "Hazardous Substances,"'as used in this Lease shall mean pollutants,contaminants,toxic or hazardouswastes,or any other substances the.use and/or the removal of which is required or the use of which is restricted,prohibited or penalized by any"Environmental Law,"which term shall mean any federal,state or local law, ordinance or other statute of a governmental or quasigovernmental authority.relating to pollution or protection of the environment. Lessee hereby agrees that (i) no activity will be conducted on the premises that will produce any.I-Iazardous Substance, except.for such activities that.:are part of the ordinary course of Lessee's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency;.(ii)the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such; materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") 1005020.1 306-9901604 f 5 1294 provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii)no portion of the premises will be used as a landfill or a dump; (iv)Lessee will not install any underground tanks of any type;(v)Lessee will not allow any surface or subsurface conditions to exist or come into existence that constitute,or with the passage of time may constitute a public or private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought into the premises, except for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative shall have the right but not the obligation to enter the premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion,that said Permitted Materials are being improperly stored,used, or disposed of,then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within 24 hours, Lessor shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the premises is found to be so contaminated or subject to said conditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost, and Lessee agrees to indemnify and hold Lessor harmless from all claims, demand, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration of this Lease. 27. LANDLORD'S LIABILITY. The liability of the Landlord (which, for the purposes of this Lease, shall include the Owner of the building if other than the Landlord) to the Tenant for any default by Landlord under the terms of this Lease is limited to the interest of the Landlord in the building,and the Tenant agrees to look solely to the Landlords interest in the building for the recovery of any judgment. 28. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 29. ATTORNEY'S FEES. If either party becomes a party to any litigation concerning this Lease, the premises,or the building or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives,and not by any act or omission of the party or its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and all costs and expense incurred by it in connection with said litigation including available appeals thereof. 30. WAIVER OF TRIAL BY JURY. Tenant and Landlord hereby knowingly, voluntarily, and intentionally waive the right either may have to a trial by jury in respect to any litigation based thereon, or arising out of, under or in connection with this instrument and any agreement contemplated to be executed in conjunction herewith or any course of conduct, course of dealing, statements (whether verbal or written), or actions of either party. This provision is a material inducement for the Landlord leasing the premises to the Tenant. 31. CONDEMNATION. If any portion of the leased premises or the project are taken under the power of eminent domain,or sold under the threat of the exercise of said power(all of which are herein called condemnation'), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs;provided that if so much of the premises or project are taken by such condemnation as would substantially and adversely affect the operation and 00553245.1306-9905404) 6 1295 profitability of Tenant's business conducted from the premises, and said taking lasts for ninety (90) days or more, Tenant shall have the option, to be exercised only in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking(or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession), to terminate this Lease as of the date the condemning authority takes such possession. If a taking lasts for less than ninety(90)days,Tenant's rent shall be abated during said period but Tenant shall not have the right to terminate this Lease. If Tenant does not terminate this Lease in accordance with the foregoing,this Lease shall remain in full force and effect as to the portion of the premises remaining, except that the rent shall be reduced to the proportion that the usable floor area of the leased premises taken bears to the total usable floor area of the project. Landlord shall have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the premises or the project. Any award for the taking of all or any part of the premises or the project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, as severance damages,or as damages for tenant improvements;provided, however,that Tenant shall be entitled to any separate award for Ioss of or damage to Tenant's trade fixtures and removable personal property and any award available for the relocation of Tenant's business. In the event that this Lease is not terminated by reason of such condemnation, and subject to the requirements of any lender that has made a loan to Landlord encumbering the project, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation,repair any damage to the project caused by such condemnation except to the extent that Tenant has been reimbursed therefore by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Except as set forth in this Section,Landlord shall have no liability to Tenant for interruption of Tenant's business upon the premises, diminution of Tenant's ability to use the premises,or other injury or damage sustained by Tenant as a result of such condemnation. IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed,the day and year above written. Signed,sealed and delivered in the presence of: Witness as to Landlord: Landlord: Wells Landin •. = ents LLC d/b/a The Heart of Boynto .o•: Lewis Swezy, Manager of Mana!; By: By: K., Date: Da J 2. Witness as to Tenant: Tenant Name: City of Boynton Beach. Byr1 L.' —.Mgt By: Il _ lb. i , a ._ Date:^r'' 00333243.1 306-9903604) 7 1296 G\T Y o,. rt.*. 1, ETON 6 Memo To: Daniel Dugger, City Manager From: Stacey R. Weinger, Deputy City Attorney ,1 10 Date: June 19Th)---, 2024 Dept. CRA Matter# 24-0476 Re: Wells Landing Apartments LLC dba The Heart of Boynton Shops Unit 8 Business Lease Transmitted herewith are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. The City Manager is authorized to execute these documents in accordance with: Commission Approval. Resolution No. R23-064 To: Office of the City Clerk Please take the actions indicated below with respect to these documents: Q Attest to the execution of the Agreement by the City Manager. Insert the date of execution beneath the City Manager's signature (if not already dated). Expiration Date:May 31, 2029 This version of the Lease replaces the Lease dated May 16, 2023 Please retain one original as a public record and forward a copy of the fully-executed document to: Bonnie Nicklien, CRA To: Bonnie Nicklien, CRA Please forward the fully-executed document to the other party. Thank you. 1297 BUSINESS LEASE This AGREEMENT of Lease(this"Lease"),is entered into this 4 day of `.'Q_ 2024, between Wells Landing Apartments LLC d/b/a The Heart of Boynton Shops (hereinafter called the Lessor" or the "Landlord"), and The City of Boynton Beach (hereinafter called the "Lessee" or Tenant"). WITNESSETH,that the said Lessor does this day Lease unto said Lessee and said Lessee does hereby hire and take as Tenant approximately: Square feet of Commercial Space: 1,055 square feet Location:137 NE 106 Avenue Suite 108 Boynton Beach, FL 33435 Accepted Use: Used and occupied by the Lessee as a Neighborhood Officer Program ("NOP") Office and for no other purposes or uses whatsoever. Lease Term:Five(5)years subject and conditioned on the provisions of this lease. The Lease should begin June 1,2024 and end May 31,2029.Due to the construction of the retail space, dates may need to be adjusted.Tenant may automatically renew this lease for successive five(5)year periods upon written notice to the Landlord. Tenant agrees and understands that the move-in date is only an approximate date.Premises are available to Tenant as of the date of issuance of residential TCO. Total rent is payable as follows: Total Rent EACH year is: June 1,2024—May 31,2029: Annual Base Rent: $0.00 Monthly Base Rent: Zero Dollars and 0 Cents 0.00) Monthly Sales Tax: Zero Dollars and 0 Cents ($0.00) Monthly CAM Fee: Not to exceed ($96.71) Monthly Total: Zero Dollars and 0 cents ($0.00). In no case shall the total rent described above, plus any additional rent described herein, exceed an amount equal to 0.00 dollars ($0.00)per square foot. Acceptance of Premises: Tenant accepts premises in "As Is" & "Where Is" condition. Tenant shall be responsible for all expenses associated with the direct operation of the Premises, including but not limited to, electric, water, cleaning, and all utility expenses. Tenant shall be fully responsible for obtaining a Certificate of Occupancy,Certificate of Use, and Business Tax Receipt from City of Boynton Beach and Palm Beach County,as applicable within One Hundred and Twenty(120) days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. Tenant is responsible for complying with all applicable laws, codes, rules and regulations, including but not limited to county/state/federal fire regulations.Tenant's failure to comply with the requirements of this paragraph shall be considered a breach of this Lease. Tenant is also responsible for any fees acquired due to the violations. Construction Assistance: Tenant shall receive financial assistance from the Boynton Beach CRA and/or the Landlord subject to the terms and conditions of an interlocal agreement. Rules and Regulations governing the use of the property including common areas: In addition to the terms set forth herein, Tenant understands and agrees to comply with certain rules that 00555245.1306-9905604 1 1 1298 will be set forth by Landlord to assure safety, sanitation, code compliance, uniformity and cooperation including matters such as:Parking, signage,trash removal,storage of personal property,loitering Tenant Responsibilities: Except as noted above, Tenant shall be responsible for all improvements and alterations to the interior. Tenant shall obtain all necessary permits and licenses to conduct work. Tenant agrees to pay for the all of the design and construction of build-out including but not limited to electrical, mechanical, plumbing, structural, building, fire and all other trades as applicable to current building codes. Tenant further agrees to hold Landlord harmless for all build-out improvements including any fees/fines required for final approvals. 1. ASSIGNMENT. Tenant shall not assign, transfer, sublease, mortgage, pledge or otherwise encumber the demised premises or any part thereof without the express, written consent of Landlord first obtained;provided,however,that Landlord's consent shall not be unreasonably withheld. In the event of any assignment,transfer or sublease by Tenant,Tenant shall remain liable for the full performance of each and every covenant and condition hereunder. Landlord's approval of any subtenant or assignee is conditioned upon there being no additional compliance required with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant and such approval shall create no responsibility or liability on the part of the Landlord for any non-compliance with laws,rules and regulations of any governmental authority. 2. TENANT COMPLIANCE. Tenant, at Tenant's sole expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state county and municipal authorities now in force or which may hereafter be in force, which shall impose any duty upon the Landlord or Tenant with respect to the use, occupation or alteration of the premises, and the Tenant shall use all reasonable efforts to fully comply with the Americans with Disability Act. Tenant agrees to pay tenant's pro-rata share of Landlord's capital expenditures required under any governmental law, rule or regulation that was not applicable to the building at the time it was originally constructed. Landlord,to its best knowledge, is currently complaint with all governing codes and regulations. 3. FIRE. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease, whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety (90) days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. Tenant shall not be liable for rent during the time the premises are rendered untenantable. 4. ABANDONMENT. In the event the Lessee abandons the premises, the Landlord may, at his option, enter the leased premises, by force or otherwise, without being liable in any way. For the purpose of this section, both parties agree that the premises shall have been deemed abandoned and vacated if 1) the Lessee has not entered the premises for five, consecutive working days, excluding weekends and holidays, and (2) the Lessee has not notified the Lessor, in writing, of its intention to be away from the premises for vacation or other purpose. Delinquent shall be defined as ten (10) days past due. 5. RIGHT OF ENTRY. The Lessor or any of his agents, shall have the right to enter said premises during all reasonable hours with reasonable notice, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort or preservation thereof or of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice 'FOR RENT"at any time within thirty(30) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions,which do not conform to this Lease or to the rules and regulations of the building. 00555245.1906-9905604) 2 1299 6. ALTERATIONS. Lessee shall make no structural changes, alterations or mechanical improvements whatsoever without first having obtained the written consent of the Lessor which shall not be unreasonably withheld. Any structural improvements and additions to the premises which Lessee might make must comply with such municipal building and zoning code as would be applicable and shall be paid for in cash at time of making thereof, so as not to subject the premises to mechanics lien. If Landlord so elects, Tenant at its cost shall restore the premises to the condition designated by Landlord in its election, before the last day of the term of this Lease or within thirty (30) days after notice of election is given, whichever is earlier. Landlord's approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with all laws, rules and regulations of governmental agencies or authorities. 7. INTERIOR Tenant agrees to keep the interior of said premises, all windows, screens, awnings, doors, including the overhead truck loading doors, interior walls, pipes, electrical fans, machinery, plumbing,electric wiring, and other fixtures and interior appurtenances, in good and substantial repair and clean condition at Tenant's own expense--fire, windstonn, or other act of God, alone excepted. All glass, both interior and exterior, is at the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, any glass broken during the teens of this lease. It is hereby understood and agreed that in the event that there is an air conditioning unit (or units) in the demised premises, the Tenant shall maintain and repair the same during the term of this lease and shall return said unit (or units)to the Landlord at the termination of this lease in good working order,reasonable wear and tear excepted. Tenant shall enter into a maintenance contract with a licensed mechanical contractor for the maintenance of said air conditioning units, and shall provide Landlord with a copy of said maintenance agreement within thirty(30)days of execution of this lease. 8. CHATTELS. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods, and chattels of said Lease, which shall or maybe brought or put on said premises as security for the payment of rent herein reserved and the Lessee agrees that the said lien may be enforced by distressed foreclosure or otherwise at the election of the said Lessor and Lessee agrees to pay collection costs. Except the equipment listed in the attached list and/or under lease and owned by third parties. 9. Without waiving the right to sovereign immunity,the Tenant acknowledges that it is self-insured for commercial general liability in the amounts specified in Florida Statutes Section 768.28,as may be amended from time to time. In addition,Tenant maintains a third-party commercial general liability insurance in lieu of exclusive reliance on self-insurance, which Tenant shall provide proof of the Certificate of Insurance to Landlord prior to the commencement of the Term. 10. HEIRS AND ASSIGNS. This Lease shall bind the Lessor and its assigns or successors and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be of the Lessee. 11. NOTICE. It is understood and agreed between the parties hereto that written notice by email, certified mail return receipt requested, mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice by email, certified mail return receipt requested, mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this Lease. 12. WAIVER. The rights of the Lessor under this Lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 00555245 I 306-9905604 f 3 1300 13. SIGNS. It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the Lessor for approval before installation of same. Tenant shall have the right to install its store sign on the Premises, at its sole cost and expense, in accordance with the code and sign criteria established by the City of Boynton Beach. 14. CHARGES FOR SERVICE. It is understood and agreed between the parties hereto that any charges assessed upon the Tenant by Landlord for services, utilities or for the workdone on the premises by order of the Tenant, or otherwise accruing under this Lease, shall be considered as rent due and shall be included in any lien for rent. It is further understood that the Tenant shall, upon demand,,pay as additional rent its pro rata share(s) of any sprinkler standby, storm water utility standby, water and/or sewer charges billable to the Landlord for the buildings) of which the demised premises are a part. Landlord represents that,at present,there are no pending charges. 15. BANKRUPTCY.If the Lessee'shall become insolvent or if bankruptcy proceedings shall be instituted' by or against the Lessee, before the end of this Lease,the Lessor is hereby irrevocably authorized to forthwith cancel this Lease,as for a default. 16. SUBORDINATION. Subject to the provisions of Paragraph 33 below,this Lease shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the property and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the leased premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisionsof this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the event of a foreclosure of any such mortgage or the termination of this Lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such foreclosure or termination, automatically become the Tenant of such successor in interest without change in the terms or other provisions of this Lease. Upon request by Landlord's mortgages or such successor in interest, Tenant shall execute and deliver, on terms and conditions reasonably acceptable to the parties,an instrument or instruments confirming the attornment herein provided for. Tenant agrees to execute and acknowledge any documents required to effectuate an attornment, subordination, or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Tenant's failure to execute_ such documents within ten (10) days after written. demand shall constitute a material default by Tenant hereunder or, at Landlord's option, Landlord shall have the right to execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to execute such documents in accordance with this Section, said appointment to be a power during the term of this Lease coupled with an interest and irrevocable. 17. SURRENDER PREMISES. Lessee hereby accepts the premises in the condition they are in at the. beginning of the Lease and agrees.to maintain said premises in thesame condition, order,:and repair as they are at the commencement of said term and to return said premises in broom-swept clean and tenantable condition. Tenant shall not be permitted any holdover status upon termination or cancellation of this Lease. 18. WATER DAMAGE. It is expressly agreed and understood by and between the parties to this Lease that all personal property placed or moved in the premises above described'shall be at the risk'of the Lessee. The Lessor shall not be liable for any damage or injury by water, which may be sustained by the said Tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenantor agents or employees or by reason of the breakage, leakage,obstruction of the water,sewer or soil pipes in or about the said building. 19. RETURN OF PREMISES. At the termination of this Lease, the premises shall be restored to their 100555245 1 306990564.4} 4 1301 original condition (subject to improvements and additions remaining at Lessor's option as described above)and returned to.the Lessor in broom-clean condition. 20. UTILITIES. The Tenant will be responsible for making arrangements with the utility company and the phone company for any electricity or phone service and this Lease will begin on the date indicated,whether or not the Tenant has been able to successfully arrange for such services. 21. PARKING. Motor vehicles shall be parked in the area directly in front of the leased bay and not in front of the neighboring bays. Tenant appoints Landlord as its attorney-in-fact to remove all.vehicles which are improperly parked. Disabled, abandoned or improperly registered vehicles shall not be permitted to remain on the parking area for a period longer than 48 hours. Tenant to have the use of all the parking spaces in front of leased premises. 22. TRASH REMOVED.Tenant shall provide for suitable containers for the collection of trash and other waste.Tenant shall secure the removal of the trash and waste at regular and periodic intervals so as to prevent the accumulation of trash in such a manner as to become a nuisance or health hazard. In the event the.Tenant permits trash or waste to accumulate in an unsightly fashion, Landlord shall be authorized to remove same at Tenant's expense. 23. NO OUTSIDE STORAGE. Tenant shall confute all of its activities to the interior portion of the demised premises and shall not conduct activities or store materials in the areas adjacent to the demised premises. The parking area shall be used for parkingby employees or visitors only. Tenant shall keep the parking area outside its premises free of any waste, trash, or any other debris. No materials,equipment or any items related to the Tenant's business may be stored outside the premises overnight, with the exception of commercial trash containers. No pallets, cardboard boxes or any other material shall be stored outside at any time..No chemicals, flammable items, toxic substances, petroleum products or other contaminants shall be allowed in the property at any time. 24. ABANDONED PROPERTY. It is understood and,agreed that any merchandise, fixtures, furniture or equipment left in the premises When Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishes any right of interest therein. Landlord is authorized to sell,dispose of or destroy same. 25. ESTOPPEL CERTIFICATE. Tenant, upon request of Landlord or any holders of a mortgage against the fee,shall from time to time deliver or causeto be delivered to.Landlord or such mortgagee,within ten (10) days from date of demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying, if true, that this Lease is valid and existing and in full force, effect that Landlord is not in default under any of the terms of this Lease and such other matters as may be required by Landlord or such mortgagee. Tenant further agrees to pay to Landlord, as additional rent, an amount equal to 1/30.of one month's rent at the monthly rental then obtaining, for each day, if any, in excess often (10) days after such demand that Tenant shall fail to deliver such a certificate as provided for in this clause. 26. HAZARDOUS SUBSTANCES "GENERAL: The .term "Hazardous Substances," as used. in this Lease shall mean pollutants, contaminants,toxic or hazardous wastes, or any other substances the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any"Environmental Law," which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasigovernmental authority relating to pollution or protection of the environment. Lessee hereby agrees that (i).no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor, Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (ii) the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of:such 005552A5.1 306-9905604} 5 1302 materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor;.Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii)no portion of the premises will be used as a landfill or a dump; (iv)Lessee will notinstall any underground tanks of any type;,(v)Lessee will not allow any•surface or subsurface conditions to exist or come into existence that constitute,or with the passage of time may constitute a public or private nuisance;_(vi) Lessee will not permit any Hazardous Substances to be brought into the premises, except for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required-cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative shall have the right but not the obligation to enter the premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance: with .all Environmental Laws. Should it be determined, in Lessor's sole opinion,that said Permitted Materials are being improperly stored, used,or disposed of,then Lessee shall.immediately take such.corrective action as requested by Lessor. Should .Lessee fail to take such corrective action within. 24 hours, Lessor-shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said Work. If at any time during or after the term of the Lease, the premises is found to be-so contaminated or subjectto.said conditions,.Lessee shall.diligently institute proper and thorough cleanup procedures at Lessee's sole cost, and Lessee agrees to indemnify and hold Lessor harmless from all claims, demand, actions, liabilities, costs, expenses, damages .and obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration,of this Lease. 27. LANDLORD'S LIABILITY. The liability of the Landlord (which, for the purposes of this Lease, shall include the Owner of the building if other than the Landlord) to the Tenant for any default by Landlord under the terms.of this-Lease is limited to the interest of the Landlord in the building, and the Tenant agrees to.look solely to the Landlords interest in the building for the recovery of any judgment.. 28. RADON GAS. Radon is a naturally occurring.radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to.persons Who-are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 29. ATTORNEY'S FEES. If either party becomes a party to any litigation concerning:this Lease,_the premises, or the:building or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives,and not by any act or omission of the party or its authorized representatives,the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and all costs and eXpernse incurred by it in connection with said litigation including available appeals thereof. 30.-WAIVER OF TRIAL BY JURY. Tenant and Landlord -hereby knowingly, voluntarily, and intentionally waive the right either may have to a trial by.jury:in respect to any litigation based thereon, or arising out of under or in connection with this instrument .and any agreement contemplated to be executed in conjunction herewith or any'course of conduct, course of dealing, statements (whether verbal or written), or actions of either party. This provision is a material inducement for the Landlord leasing the premises to the Tenant. 31. CONDEMNATION. If any portion of the leased premises or the project are taken under the power of eminent domain,.or sold under the threat of the exercise of said power(all of which are herein called condemnation'), this Lease shall terminate as to the.part so taken as of the date the condemning authority takes title or possession,whichever first occurs;provided that if so much of the premises-or 00555245.1 706-9905604) 6 1303 project are taken by such condemnation as would substantially and adversely affect the operation and profitability of Tenant's business conducted from the premises, and said taking lasts for ninety (90) days or more, Tenant shall have the option, to be exercised only in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking(or in the absence of such notice, within thirty(30) days after the condemning authority shall have taken possession), to terminate this Lease as of the date the condemning authority takes such possession. If a taking lasts for less than ninety (90) days, Tenant's rent shall be abated during said period but Tenant shall not have the right to terminate this Lease. If Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the premises remaining, except that the rent shall be reduced to the proportion that the usable floor area of the leased premises taken bears to the total usable floor area of the project. Landlord shall have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the premises or the project. Any award for the taking of all or any part of the premises or the project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, as severance damages, or as damages for tenant improvements; provided, however, that Tenant shall be entitled to any separate award for loss of or damage to Tenant's trade fixtures and removable personal property and any award available for the relocation of Tenant's business. In the event that this Lease is not terminated by reason of such condemnation, and subject to the requirements of any lender that has made a loan to Landlord encumbering the project, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation, repair any damage to the project caused by such condemnation except to the extent that Tenant has been reimbursed therefore by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Except as set forth in this Section, Landlord shall have no liability to Tenant for interruption of Tenant's business upon the premises, diminution of Tenant's ability to use the premises, or other injury or damage sustained by Tenant as a result of such condemnation. IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed,the day and year above written. Signed,sealed and delivered in the presence of: Witness as to Landlord: Landlord: Wells Lan•,ng Apartments LLC d/b/a The Heart of Boy ii' ops by Lewis Swezy, Manager of *.j'r By:i "~—' By: Date: i /z L /Z'( Dat ffMrPir2A,2 Witnes • to Tenant:Tenant Name: City of Boynton Bea h B • j 't 1.. P an ie Dugger, • • .n.";r Date: kQ FEL Date: 4)/41 QjOY N roti`Akk CITY AT e'NEY'S OFFICE i O : 1"‹.<\< '\ Approved isf. pnd legality 41,1 U• SEAL 'IS ey R.Weinger, I INCORPORATED; Deputy City Attorney 00555245.1 305-9905604 O 7 192 FLOR\O 1304 RS Construction of Dade, Inc.Date: 12/5/24 CGC 040308 7735 NW 146th Street, Suite 306 Miami Lakes, FL 33016 305-821-0330 Proposal For: WORK TO UNIT 108 HOB NOP OFFICE SPACE 137 NE 10th Avenue - Unit 108 Boynton Beach , Florida 33125 Scope of Work All Labor & Materials for the Interior Built - Out for Unit #108 according to plans by The Construction & Architecture Group ,Inc, final plans Schedule of Value Drywall & Drywall Finish $ 20,500.00 ARMORTEX BULLET- RESISTANCE FIBERGLASS PANELS- ALLOWANCE - NEED LEVEL OF SECURTY &THICKNESS $ 6,000.00 Acoustical Tile $ 5,785.00 Insulation $ 2,200.00 Doors & Hardware $ 6,900.00 STORE FRONT GLASS DOOR WITH SIDELIGHTS $ 5,874.00 Painting $ 2,200.00 Flooring & Tile - AS PER TILE PROPOSAL $ 6,149.20 FRP PANEL $ 750.00 Cabinets & Tops AS PER PROPOSAL $ 5,000.00 HVAC - Mechanical System $ 18,830.00 Plumbing & Plumbing Fixtures $ 14,631.00 Fire Sprinklers $ 4,278.00 Electrical, Main Panels (COPPER SEED) $ 24,050.00 Light Fixtures $ 4,800.00 Fire Alarms $ 4,500.00 Appliances $ 910.00 Specilaties - Handicap Requirements In Bathrooms $ 2,375.00 Rough & Final Cleaning $ 1,000.00 SubTotal $ 136,732.20 GC FEE - 14 % $ 19,142.51 TOTAL CONSTRUCTION COST $ 155,874.71 Intercom System & Camera System By Tenant Communication System & Wi-Fi System By Tenant This proposal includes all fees, materials, labor, over head & profit until we received the final permit set . Final Proposal 1305 4905-9654-8620, v. 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING REIMBURSEMENT FOR THE CONSTRUCTION COSTS OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT (“Agreement”) is made this day of 2025, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "BBCRA"). The City and BBCRA may be referred to herein individually as a “party” and collectively as the “parties.” WITNESSETH: WHEREAS, the parties entered into an INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING THE NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA (“NOP Office Agreement”), a copy of which is attached hereto as Exhibit A; and WHEREAS, the Agreement provides for the construction and use of that certain unit identified in the NOP Office Agreement as Unit #8 as a neighborhood storefront police station for the Neighborhood Officer Policing Program (“NOP Office”); and WHEREAS, the Agreement provides that the BBCRA will contribute $100,054.00 towards the construction of the NOP Office; and WHEREAS, the City desires to enhance the NOP Office by including certain elements as part of the buildout of the NOP office; and WHEREAS, the BBCRA desires to contribute funding to certain enhancements as part of the NOP Office construction; and WHEREAS, the use of Unit #8 as neighborhood storefront police station is found to be in 1306 4905-9654-8620, v. 1 furtherance of these goals and principles of the BBCRA plan; and WHEREAS, the City and the BBCRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2. Definitions. Terms not otherwise defined herein shall have the meaning set forth in the NOP Office Agreement (including the Exhibits to the NOP Office Agreement). In the event of a conflict between a definition in this Agreement and a definition in the NOP Office Agreement, the terms in this Agreement shall control. All other terms shall have their ordinary dictionary definitions. 3. Responsibilities. The parties agree: a. BBCRA Responsibilities. i. Tenant Buildout. Except for the Enhancements (defined below) the BBCRA shall be responsible for contracting for and funding the tenant buildout in accordance with building plans that are mutually agreeable to the Parties. The funding for this responsibility is identified by the line item named “Tenant Buildout” in the NOP Office Buildout Budget attached hereto as Exhibit B, and hereby incorporated herein. Any overages in the cost of the tenant buildout shall be the funding responsibility of the BBCRA. ii. Enhancement Funding. The BBCRA shall be responsible for reimbursing the City for those certain enhancements specified in Exhibit B in an amount not to exceed the amount identified as “BBCRA Cost” in Exhibit B. For purposes of this Agreement, the term “Enhancement” shall mean each line item in Exhibit B other than the line item labeled “Tenant Buildout.” The cost for individual line items may vary but in no case 1307 4905-9654-8620, v. 1 shall the BBCRA’s obligation to reimburse the City for the Enhancements exceed $48,363.70. b. City Responsibilities. The City shall be responsible for contracting for and funding the Enhancements. Any overages in the cost of the Enhancements shall be the funding responsibility of the City. At present, the City estimates the cost to the City for the enhancements to be $31,977.36. 4. Reimbursement. To obtain reimbursement from the BBCRA for the Enhancements, the City shall provide a written request for reimbursement of funds (“Reimbursement Request”) to the BBCRA no later than 30 days after payment by the City of funds for which it is seeking reimbursement, and in no case later than 90 days after the NOP Office has received its Certificate of Occupancy. a. The request shall include the following information: i. The amount of reimbursement requested; ii. A statement and evidence that the Enhancements are eligible expenses (as defined below) and are in compliance Florida Statutes. iii. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the City for the Enhancements for which the CITY is seeking reimbursement. b. Upon receipt of a complete Reimbursement Request from the City that meets the requirements of this Agreement, the BBCRA shall remit funding in the amount requested, consistent with this Agreement, to the City within thirty (30) days of receipt of the Reimbursement Request. c. If the City submits a Reimbursement Request that the BBCRA deems incomplete, the BBCRA shall notify the City in writing. The City shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the City fails to provide the documentation required 1308 4905-9654-8620, v. 1 by the BBCRA within 30 days, the City shall only be eligible for the portion of the Reimbursement Request, if any, that the BBCRA deems complete and eligible. The BBCRA will not reimburse the CITY for any portion of the request the BBCRA deems ineligible for reimbursement. d. For purposes of this Agreement, “Eligible Expenses” are limited to expenses for the Enhancements that are permitted by Florida law. 5. Coordination. The parties shall endeavor to coordinate their respective contractors during construction of the NOP Office for the purpose of promoting efficient and cost-effective buildout of the NOP Office. 6. Relationship to the NOP Office Agreement. The Parties agree that nothing herein shall alter the terms of the NOP Office Agreement, as it may be amended from time to time, and that the sole purpose of this Agreement shall be to coordinate funding for the construction of the NOP Office. 7. Notice and Contact. All notices and requests concerning this Agreement shall be delivered via email to the Executive Director of the BBCRA (or his or her designee), or the City Manager (or his or her designee), as applicable, which email delivery shall be deemed “written” or “in writing” for purposes of this Agreement. Notices concerning default or termination, or requests for modifications to this Agreement shall also be delivered by email and by writing sent by one of (1) United States mail, return receipt requested, (2) courier, evidenced by a delivery receipt, or (3) by overnight express delivery service, evidenced by a delivery receipt, which notice or request shall be addressed to the person designated by each party for receipt of legal notice. At present, the parties designate the following for receipt of legal notice: If to the BBCRA: Kathryn Rossmell Lewis, Longman & Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 krossmell@llw-law.com 1309 4905-9654-8620, v. 1 If to the City: Shawna Lamb City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 lambs@bbfl.us 8. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement (“Effective Date”). This Agreement shall be in effect from the Effective Date and unless earlier terminated pursuant to the terms of this Agreement, shall automatically terminate upon the final reimbursement required by this agreement or 120 days after the NOP Office has received its Certificate of Occupancy, whichever is earlier. 9. Public Records. The City and the BBCRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party’s books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 10. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 11. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the City as set forth in Section 768.28, Florida Statutes. 12. Default. If either party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of 10 calendar days after receipt of written notice of such default from the other party, the party giving notice of default may terminate this Agreement through written notice to the other party. Failure of any party to exercise its right in the event of any default by the other party shall not constitute a waiver of such rights. No 1310 4905-9654-8620, v. 1 party shall be deemed to have waived any rights related to the other party’s failure to perform unless such waiver is in writing and executed by both parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Notwithstanding the foregoing, in the event of a default by the either party, the exclusive remedy for such default shall be monetary, limited to actual damages incurred, and shall not exceed the amount actually paid to a contractor pursuant to the applicable contract for such contractor services. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 15. No Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the City or the BBCRA. 16. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other, which may be granted or withheld at the other party’s absolute discretion. 1311 4905-9654-8620, v. 1 17. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 18. Survival. The provisions of this Agreement regarding termination and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 19. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. [SIGNATURES ON FOLLOWING PAGE] 1312 4905-9654-8620, v. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. Boynton Beach Community Redevelopment Agency ATTEST:_________________________ By: _________________________________ Print Name:__________________________ Title:_______________________________ Date: ______________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:________________________ BBCRA Attorney City of Boynton Beach, Florida ATTEST:_________________________ By: _________________________________ Print Name: __________________________ Title: ________________________________ Date:_________________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:________________________ City Attorney 1313 1 RESOLUTION NO. R23-064 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO 6 EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 7 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 8 REDEVELOPMENT AGENCY FOR THE USE OF UNIT 8 AT THE HEART OF 9 BOYNTON SHOPS FOR THE NEIGHBORHOOD OFFICER POLICING (NOP) 10 PROGRAM AND THE ASSOCIATED LEASE AGREEMENT WITH WELLS 11 LANDING APARTMENTS, LLC FOR UNIT 8; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, at the October 12, 2021, CRA Board meeting, the Board approved the 15 relocation of the Neighborhood Officer Policing (NOP) Program office from the Ocean Breeze 16 East Apartments to the E. MLK Jr. Boulevard Commercial portion of the mixed-use project; and 17 WHEREAS, as defined in the Development Agreement approved by the CRA, Unit 8 is a 18 1,055 square foot rent-free space dedicated to the CRA's NOP Program and per section 5.b.ii of 19 the Agreement, the Neighborhood Officer Program Office ("NOP Office") shall be completed 20 and in move-in ready condition within 18 months of the February 8, 2022 effective date (or 21 August 8, 2023); and 22 WHEREAS, once the build-out is complete,the NOP will lease the space from CMC since 23 the lease term will survive the CRA sunset in 2044; and 24 WHEREAS, an Interlocal Agreement is required to allow the City to lease the rent- free 25 space from CMC for the NOP Program and the CRA to reimburse CMC for the buildout of the 26 NOP Office; and 27 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation of 28 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 29 to approve and authorize the proper City officials to execute an Interlocal Agreement between 30 the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the 31 Use of Unit 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) 32 Program and the associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 34 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\ILA with CRA and Lease for NOP-Reso.docx EXHIBIT A 1314 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption 37 hereof. 38 Section 2. The City Commission of the City of Boynton Beach hereby approves and 39 authorizes the proper City officials to execute an Interlocal Agreement between the City of 40 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of Unit 41 8 at The Heart of Boynton Shops for the Neighborhood Officer Policing (NOP) Program and the 42 associated Lease Agreement with Wells Landing Apartments, LLC for Unit 8. A copy of the 43 Interlocal Agreement is attached hereto and made a part here as Exhibit "A" and a copy of the 44 Lease is attached hereto and made a part hereof as Exhibit "B". 45 Section 3. That this Resolution shall become effective immediately upon passage. 46 PASSED AND ADOPTED this 16th day of May, 2023. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 50 Mayor—Ty Penserga 51 52 Vice Mayor—Thomas Turkin 53 54 Commissioner—Angela Cruz 55 56 Commissioner—Woodrow L. Hay 57 58 Commissioner—Aimee Kelley 59 60 VOTE 5-D 61 ATTa '62 63 AAMI . A, 1_! 4111( 64 Maylee ue J •"s, MPA, M Ty Peir 65 City Clerk o NTON B%66 QoRA•Te•...10 oto 67 O co ••y • APP 7 AS • FO' ' 68 (Corporate Seal) i 00: v 69 i c: ORPOR 1N0 20 : 70 14 ••. 19 Michael D. Cirullo,Jr. 71 11‘. • • FLORCity Attorney S:\CA\RI SO\Agreements\ILA with CRA and Lease for NOP-Reso.doex 1315 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PROVIDING THE NEIGHBORHOOD OFFICER POLICING PROGRAM LOCATION LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the Party"or"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan")calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, pursuant to Sections 163.340, 160.345, and 163.370, Florida Statutes, the CRA is empowered to develop and implement community policing innovations, which includes increasing the visible presence of police in the community through citizen contract patrol, neighborhood storefront police stations,and other means; WHEREAS,the CRA has established, in conjunction with the City,a community policing innovation known as the Neighborhood Officer Policing Program ("NOP")pursuant to a separate interlocal agreement("NOP Interlocal Agreement");and WHEREAS,the CITY has approved and hereby reaffirms support for the NOP; and WHEREAS, in order to provide a neighborhood storefront police station, the CRA included as part of a separate Development Agreement ("Development Agreement"), attached hereto as Exhibit A, with Wells Landing Apartments, LLC ("Landlord"), limited funding for a development of a NOP office as further described as "Unit#8" or "Unit 8" in the Development Agreement ("NOP Office"), and a requirement that the NOP Office be provided for use by the NOP rent-free as further described in the Development Agreement; and WHEREAS, for purposes of this Agreement the term "Development Agreement" shall mean the Development Agreement as it has been and may be amended from time to time; and 00563126.1 306-9905604) 1 4854-7732-2846,v.2 1316 WHEREAS, the NOP officers are employed by the City and the NOP is operated by the CITY with financial support from the CRA pursuant to a separate interlocal agreement between the City and CRA; and WHEREAS, the CRA and City have determined that both parties will benefit if the City and Landlord enter into a separate lease for the NOP Office ("NOP Office Lease"); and WHEREAS,concurrent with the execution of this Agreement,the CRA and Landlord are entering into a Second Amendment to Development Agreement to permit the CRA to assign certain rights under the Development Agreement to the City; and WHEREAS,although the NOP Office Lease will be between the City and the CRA,the CRA desires to provide the funding described in the Development Agreement to ensure the presence of a neighborhood storefront police station; WHEREAS, the parties desire to ensure the NOP Office Lease remains rent-free to the City for use by the NOP; and WHEREAS, the CRA and City desire to ensure the NOP's continuous presence in the CRA's boundaries(the"CRA Area"); and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the NOP and NOP Office, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, the CRA and the CITY find that this Agreement serves a municipal and public purpose,and is in the best interest of the health,safety,and welfare of the CITY of Boynton Beach, specifically those in the CRA Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the sufficiency of which both parties hereby confirm and acknowledge, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a) The CRA shall pay the Landlord $100,054.00 ("NOP Office Funding") for costs for architectural, professional design services, and construction of the NOP Office, subject to certain restrictions set forth in the Development Agreement. 00563126.1 306-9905604) 2 4854-7732-2846,v.2 1317 b) The CRA hereby assigns its right to use the NOP Office rent-free, as set forth in the Development Agreement, and agrees to execute such documentation as may be necessary to effectuate this assignment. 3. Obligations of the CITY. a) The CITY shall maintain the NOP Office primarily for use by the NOP, as a neighborhood storefront police station distinct from ordinary police operations,until such time as the CRA is terminated or expires. b) The NOP shall have a at least one NOP officer available to meet at the NOP Office upon request during their assigned working hours, which may change from time to time. c) Except for the NOP Office Funding, the CITY shall pay for the construction, furnishing, equipping, maintenance, utilities, and all other fees and costs necessary to construct and use the NOP Office for the NOP. d) Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes and the required presence of the NOP Officers at the NOP Office. 4. Relationship to NOP Interlocal Agreement.Nothing in this Agreement shall be deemed to replace, terminate, modify or otherwise affect the NOP Interlocal Agreement, as it may be amended from time to time. However, in the event the NOP Interlocal Agreement is terminated, either party may terminate this Agreement upon 30 days' notice to the other party. 5. Limitation on CRA's Responsibilities.The CRA's responsibilities under this Agreement are limited to providing funding to Landlord as specified in Section 2(a) of this Agreement and executing documentation as described in Section 2(b)of this Agreement. 6. Indemnification.The CITY shall indemnify,save,and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees,by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including 00563126.1306-9905604) 3 4854-7732-2846,v.2 1318 equipment installation and removal) associated with the CITY's use of the NOP Office or design or construction thereof. Nothing in this Agreement shall be deemed to affect the rights,privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28,Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after upon the termination of the CRA or as otherwise provided for in this Agreement. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other Party,the Party giving notice of default may terminate this Agreement through written notice to the other Party, provided however, the CRA may not be held in default for failure of Landlord to execute documentation or failure of Landlord to respond to requests for the same. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of 1005631261306-9905604) 4 4854-7732-2846,v.2 1319 any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. In addition to the other remedies provided herein, in the event the CITY does not use the NOP Office for the NOP or does not maintain a daily NOP presence in the NOP Office, and fails to cure after the notice of default, the CITY shall pay the CRA $100,054.00; plus interest calculated at a rate of 4%per annum. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida,to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery 100363126.1 306-9905609) 5 4854-7732-2846,v.2 1320 receipt, or by overnight express delivery service,evidenced by a delivery receipt,addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Dan Dugger, City Manager CITY of Boynton Beach 100 E. Ocean Avenue Boynton Beach,FL 33435 b. CRA: Thuy Shutt,Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To:Michael Cirullo,Jr. Goren,Cherof,Doody&Ezrol,P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Kathryn Rossmell,Esquire Lewis,Longman&Walker,P.A. 515 North Flagler Drive, Suite 1500 West Pahn Beach,Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19.Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties.The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal 00563126.1 306-9905604} 6 4854-7732-2846,v.2 1321 document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20.Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e.,via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival.The provisions of this Agreement regarding indemnity,waiver,and termination,and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23.Attorney's Fees.If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. Signatures on following page.] 00563126.1 306-9905604) 7 4854-7732-2846,v.2 1322 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. pY N Tp ATTEST: 0i• S•'a. N.T.46 CITY OF BOYNTON BEACH, A., A'".\: y!. Florida municipal corporation s SEAL I J 1- I 4 :INCORPORATED' 5 y: i CITY le 4 ••. 1920 .: y Pe'"- rirri— Approved as to Form: FLORIDPr" Date: S " S - • L 4.4 _ 1 40 .1 0 ffice of the CITY , to ey Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY , ffice of the CRA Attorney Ty Pense -/'.air Date: : s` ? z0 z,3 00563126.1 306.9905604) 8 4854-7732-2846,v.2 1323 BUSINESS LEASE This AGREEMENT of.Lease(this"Lease"), is entered into this I`:hay of 2023, between Wells Landing Apartments LLC d/b/a The Heart of Boynton Sho s (h rein fter called the Lessor" or the "Landlord"), and The City of Boynton Beach (hereinafter Calle a "Lessee" or Tenant").WITNESSETH,that the said Lessor does this day Lease unto said Lessee and said Lessee does hereby hire and take as Tenant approximately: Square feet of Commercial Space: 1,055 square feet Location: 119 E Martin Luther King Jr.Blvd Suite 108 Boynton Beach,FL 33435 Accepted Use: Used and occupied by the Lessee as a Neighborhood Officer Program("NOP")Office and for no other purposes or uses whatsoever. Lease Term: Five(5)years subject and conditioned on the provisions of this lease. The Lease should begin July 1,2023 and end June 30,2028.Due to the construction of the retail space, dates may need to be adjusted.Tenant may automatically renew this lease for successive five(5)year periods upon written notice to the Landlord.Tenant agrees and understands that the move-in date is only an approximate date.Total rent payable as follows: Total Rent EACH year is: July 1,2023—June 30,2028: Annual Base Rent: $0.00 Monthly Base Rent: Zero Dollars and 0 Cents 0.00) Monthly Sales Tax: Zero Dollars and 0 Cents ($0.00) Monthly CAM Fee:Not to exceed($96.71.00) Monthly Total: Zero Dollars and 0 cents($0.00). In no case shall the total rent described above, plus any additional rent described herein,exceed an amount equal to 0.00 dollars($0.00)per square foot. Acceptance of Premises: Tenant accepts premises in "As Is" & "Where Is" condition. Tenant shall be responsible for all expenses associated with the direct operation of the Premises,including but not limited to, electric, water, cleaning, and all utility expenses. Tenant shall be fully responsible for obtaining a Certificate of Occupancy,Certificate of Use,and Business Tax Receipt from City of Boynton Beach and Palm Beach County,as applicable within One Hundred and Twenty(120)days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. Tenant is responsible for complying with all applicable laws,codes, rules and regulations, including but not limited to county/state/federal fire regulations.Tenant's failure to comply with the requirements of this paragraph shall be considered a breach of this Lease. Tenant is also responsible for any fees acquired due to the violations. Construction Assistance: Tenant shall receive financial assistance from the Boynton Beach CRA and/or the Landlord subject to the terms and conditions of an interlocal agreement. Rules and Regulations governing the use of the property including common areas: In addition to the terms set forth herein,Tenant understands and agrees to comply with certain rules that will be set forth by Landlord to assure safety, sanitation, code compliance, uniformity and cooperation 00355245.1 306-9905604) 1 1324 including matters such as:Parking,signage,trash removal,storage of personal property, loitering Tenant Responsibilities:Except as noted above, Tenant shall be responsible for all improvements and alterations to the interior.Tenant shall obtain all necessary permits and licenses to conduct work. Tenant agrees to pay for the all of the design and construction of build-out including but not limited to electrical, mechanical, plumbing, structural, building, fire and all other trades as applicable to current building codes. Tenant further agrees to hold Landlord harmless for all build-out improvements including any fees/fines required for final approvals. 1. ASSIGNMENT. Tenant shall not assign, transfer, sublease,mortgage,pledge or otherwise encumber the demised premises or any part thereof without the express, written consent of Landlord first obtained;provided,however,that Landlord's consent shall not be unreasonably withheld. In the event of any assignment,transfer or sublease by Tenant,Tenant shall remain liable for the full performance of each and every covenant and condition hereunder. Landlord's approval of any subtenant or assignee is conditioned upon there being no additional compliance required with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant and such approval shall create no responsibility or liability on the part of the Landlord for any non-compliance with laws,rules and regulations of any governmental authority. 2. TENANT COMPLIANCE. Tenant, at Tenant's sole expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state county and municipal authorities now in force or which may hereafter be in force, which shall impose any duty upon the Landlord or Tenant with respect to the use, occupation or alteration of the premises, and the Tenant shall use all reasonable efforts to fully comply with the Americans with Disability Act.Tenant agrees to pay tenant's pro-rata share of Landlord's capital expenditures required under any governmental law,rule or regulation that was not applicable to the building at the time it was originally constructed. Landlord,to its best knowledge,is currently complaint with all governing codes and regulations. 3. FIRE. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease, whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety(90)days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty.The cancellation herein mentioned shall be evidenced in writing. Tenant shall not be liable for rent during the time the premises are rendered"untenantable. . .. 4. ABANDONMENT. In the event the Lessee abandons the premises, the Landlord may, at his option, enter the leased premises,by force or otherwise, without being liable in any way. For the purpose of this section, both parties agree that the premises shall have been deemed abandoned and vacated if: 1)the Lessee has not entered the premises for five, consecutive working days, excluding weekends and holidays, and (2) the Lessee has not notified the Lessor, in writing, of its intentionto be away from the premises for vacation or other purpose. Delinquent shall be defined as ten (10) days past due. 5. RIGHT OF ENTRY. The Lessor or any of his agents, shall have the right to enter said premises during all reasonable hours with reasonable notice, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety,comfort or preservation thereof or of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice `FOR RENT"at any time within thirty(30) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions,which do not conform to this Lease or to the rules and regulations of the building. 00555245.1 306990.5664) 2 1325 6. ALTERATIONS. Lessee shall make no structural changes, alterations or mechanical improvements whatsoever without first having obtained the written consent of the Lessor which shall not be unreasonably withheld. Any structural improvements and additions to the premises which Lessee might make must comply with such municipal building and zoning code as would be applicable and shall be paid for in cash at time of making thereof,so as not to subject the premises to mechanics lien. If Landlord so elects, Tenant at its cost shall restore the premises to the condition designated by Landlord in its election, before the last day of the term of this Lease or within thirty (30) days after notice of election is given, whichever is earlier. Landlord's approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with all laws, rules and regulations of governmental agencies or authorities. 7. INTERIOR. Tenant agrees to keep the interior of said premises, all windows, screens, awnings, doors, including the overhead truck loading doors, interior walls, pipes, electrical fans, machinery, plumbing,electric wiring,and other fixtures and interior appurtenances,in good and substantial repair and clean condition at Tenant's own expense--fire, windstorm, or other act of God, alone excepted. All glass, both interior and exterior, is at the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, any glass broken during the terms of this lease. It is hereby understood and agreed that in the event that there is an air conditioning unit (or units) in the demised premises, the Tenant shall maintain and repair the same during the term of this lease and shall return said unit(or units)to the Landlord at the termination of this lease in good working order,reasonable wear and tear excepted.Tenant shall enter into a maintenance contract with a licensed mechanical contractor for the maintenance of said air conditioning units, and shall provide Landlord with a copy of said maintenance agreement within thirty(30)days of execution of this lease. 8. CHATTELS. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods, and chattels of said Lease,which shall or maybe brought or put on said premises as security for the payment of rent herein reserved and the Lessee agrees that the said lien may be enforced by distressed foreclosure or otherwise at the election of the said Lessor and Lessee agrees to pay collection costs. Except the equipment listed in the attached list and/or under lease and owned by third parties. 9. Without waiving the right to sovereign immunity,the Tenant acknowledges that it is self-insured for commercial general liability in the amounts specified in Florida Statutes Section.768..28,as may be amended from time to time. In addition,Tenant maintains a third-party commercial general liability insurance in lieu of exclusive reliance on self-insurance, which Tenant shall provide proof of the Certificate of Insurance to Landlord prior to the commencement of the Term. 10. HEIRS AND ASSIGNS.This Lease shall bind the Lessor and its assigns or successors and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be of the Lessee. 11.NOTICE. It is understood and agreed between the parties hereto that written notice by email,certified mail return receipt requested, mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice by email, certified mail return receipt requested, mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this Lease. 12. WAIVER.The rights of the Lessor under this Lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 00555245.1306.9903604} 3 1326 13. SIGNS. It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the Lessor for approval before installation of same.Tenant shall have the right to install its store sign on the Premises, at its sole cost and expense, in accordance with the code and sign criteria established by the City of Boynton Beach. 14. CHARGES FOR SERVICE. It is understood and agreed between the parties hereto that any charges assessed upon the Tenant by Landlord for services, utilities or for the work done on the premises by order of the Tenant,or otherwise accruing under this Lease, shall be considered as rent due and shall be included in any lien for rent. It is further understood that the Tenant shall, upon demand, pay as additional rent its pro rata share(s)of any sprinkler standby, storm water utility standby,water and/or sewer charges billable to the Landlord for the building(s) of which the demised premises are a part. Landlord represents that,at present,there are no pending charges. 15. BANKRUPTCY.If the Lessee shall become insolvent or if bankruptcy proceedings shall be instituted by or against the Lessee, before the end of this Lease,the Lessor is hereby irrevocably authorized to forthwith cancel this Lease,as for default. 16. SUBORDINATION.Subject to the provisions of Paragraph 33 below,this Lease shall be subordinate to any ground lease, mortgage,deed of trust, or any other hypothecation or security now or hereafter placed upon the property and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the leased premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the event of a foreclosure of any such mortgage or the termination of this Lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such foreclosure or termination, automatically become the Tenant of such successor in interest without change in the terms or other provisions of this Lease. Upon request by Landlord'smortgages or such successor in interest, Tenant shall execute and deliver, on terms and conditions reasonably acceptable to the parties,an instrument or instruments confirming the attornment herein provided for. Tenant agrees to execute and acknowledge any documents required to effectuate an attornment, subordination, or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Tenant's failure to execute such documents within ten (10) days after written demand shall constitute a material default by Tenant hereunder or, at Landlord's option, Landlord shall have the right to execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to execute such documents in accordance with this Section, said appointment to be a power during the term of this Lease coupled with an interest and irrevocable. 17. SURRENDER PREMISES. Lessee hereby accepts the premises in the condition they are in at the beginning of the Lease and agrees to maintain said premises in the same condition, order, and repair as they are at the commencement of said term and to return said premises in broom-swept clean and tenantable condition. Tenant shall not be permitted any holdover status upon termination or cancellation of this Lease. 18. WATER DAMAGE. It is expressly agreed and understood by and between the parties to this Lease that all personal property placed or moved in the premises above described shall be at the risk of the Lessee.The Lessor shall not be liable for any damage or injury by water, which may be sustained by the said Tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents or employees or by reason of the breakage,leakage,obstruction of the water,sewer or soil pipes in or about the said building. 19. RETURN OF PREMISES. At the termination of this Lease, the premises shall be restored to their original condition (subject to improvements and additions remaining at Lessor's option as described 00555243.1 306.9905604) 4 1327 above)and returned to.the Lessor'in broom-clean condition. 20. UTILITIES. The Tenant will be responsible for making arrangements with the utility company and the phone company for any electricity or phone service. and this Lease will begin on' the date indicated,whether or not the Tenant has been.ableto successfully arrange for such services, 21..PARKING. Motor vehicles shall be parked in the area directly in front of the leased bay and not in. front of the neighboring bays.Tenant appoints Landlord as'its attorney-in-fact to remove all vehicles which are improperly parked. Disabled, abandoned or improperly registered vehicles shall not be permitted to remain.On the parking area fora period longer.than 48 hours.Tenant to have the use of all the parking spaces in front of leased premises. 22. TRASH.REMOVED.Tenant shall provide for suitable containers for the collection of trash:and other waste.Tenant shall secure the removal of the trash and wasteat regular and periodic intervals so as to prevent the accumulation of trash in such a manner as to become a nuisance or health hazard.In the event the Tenant permits trash or waste to accumulate in an unsightly fashion, Landlord shall be authorized to remove same at Tenant's expense: 23. NO OUTSIDE STORAGE. Tenant shallconfine all.of its activities.to the interior portion of the demised premises and shall not conduct activities or store materials in the areas adjacent to the. demised premises. The parking area shall be used for parking by employees or visitors only. Tenant shallkeep the parking area outside its premises free of any waste, trash, or any other debris. No materials,equipment or any items related to the Tenant's business may be stored outside the premises overnight, with the exception of commercial trash containers. No pallets,'cardboard boxes or any other material shall be stored outside at any time.No chemicals, flammable items,.toxic substances, petroleum products or other contaminants shall be allowed in the property at any time. 24. ABANDONED PROPERTY.It is understood and agreed that any merchandise,fixtures, furniture'or equipment left.in the premises when Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishesany right of interest therein. Landlord is authorized to sell,dispose of or destroy same. 25, ESTOPPEL CERTIFICATE.Tenant, upon'request of Landlord Or any holders of a mortgage against the fee,shall fromtime to time deliver or cause to be delivered to Landlord or such mortgagee,within ten (10) days from date of demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying, if true; that this Lease is valid and existing and in full force* effect that Landlord's not indefault under any of the terms Of this Lease and"Such"oilier•matters as may be required by Landlord..or such mortgagee. Tenant further agrees to pay to Landlord, as. additional rent,an amount equal to 1/30 of one.month's rent at the monthly rental then obtaining,for each day,if any, in excess often(10)days after such demand that.'Tenant shall fail to deliver such a certificate as provided for in this.clause.. 26. HAZARDOUS SUBSTANCES - GENERAL. The term "Hazardous Substances,"'as used in this Lease shall mean pollutants,contaminants,toxic or hazardouswastes,or any other substances the.use and/or the removal of which is required or the use of which is restricted,prohibited or penalized by any"Environmental Law,"which term shall mean any federal,state or local law, ordinance or other statute of a governmental or quasigovernmental authority.relating to pollution or protection of the environment. Lessee hereby agrees that (i) no activity will be conducted on the premises that will produce any.I-Iazardous Substance, except.for such activities that.:are part of the ordinary course of Lessee's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency;.(ii)the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of such; materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") 1005020.1 306-9901604 f 5 1328 provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor; Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii)no portion of the premises will be used as a landfill or a dump; (iv)Lessee will not install any underground tanks of any type;(v)Lessee will not allow any surface or subsurface conditions to exist or come into existence that constitute,or with the passage of time may constitute a public or private nuisance; (vi) Lessee will not permit any Hazardous Substances to be brought into the premises, except for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative shall have the right but not the obligation to enter the premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance with all Environmental Laws. Should it be determined, in Lessor's sole opinion,that said Permitted Materials are being improperly stored,used, or disposed of,then Lessee shall immediately take such corrective action as requested by Lessor. Should Lessee fail to take such corrective action within 24 hours, Lessor shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said work. If at any time during or after the term of the Lease, the premises is found to be so contaminated or subject to said conditions, Lessee shall diligently institute proper and thorough cleanup procedures at Lessee's sole cost, and Lessee agrees to indemnify and hold Lessor harmless from all claims, demand, actions, liabilities, costs, expenses, damages and obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration of this Lease. 27. LANDLORD'S LIABILITY. The liability of the Landlord (which, for the purposes of this Lease, shall include the Owner of the building if other than the Landlord) to the Tenant for any default by Landlord under the terms of this Lease is limited to the interest of the Landlord in the building,and the Tenant agrees to look solely to the Landlords interest in the building for the recovery of any judgment. 28. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 29. ATTORNEY'S FEES. If either party becomes a party to any litigation concerning this Lease, the premises,or the building or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives,and not by any act or omission of the party or its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and all costs and expense incurred by it in connection with said litigation including available appeals thereof. 30. WAIVER OF TRIAL BY JURY. Tenant and Landlord hereby knowingly, voluntarily, and intentionally waive the right either may have to a trial by jury in respect to any litigation based thereon, or arising out of, under or in connection with this instrument and any agreement contemplated to be executed in conjunction herewith or any course of conduct, course of dealing, statements (whether verbal or written), or actions of either party. This provision is a material inducement for the Landlord leasing the premises to the Tenant. 31. CONDEMNATION. If any portion of the leased premises or the project are taken under the power of eminent domain,or sold under the threat of the exercise of said power(all of which are herein called condemnation'), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs;provided that if so much of the premises or project are taken by such condemnation as would substantially and adversely affect the operation and 00553245.1306-9905404) 6 1329 profitability of Tenant's business conducted from the premises, and said taking lasts for ninety (90) days or more, Tenant shall have the option, to be exercised only in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking(or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession), to terminate this Lease as of the date the condemning authority takes such possession. If a taking lasts for less than ninety(90)days,Tenant's rent shall be abated during said period but Tenant shall not have the right to terminate this Lease. If Tenant does not terminate this Lease in accordance with the foregoing,this Lease shall remain in full force and effect as to the portion of the premises remaining, except that the rent shall be reduced to the proportion that the usable floor area of the leased premises taken bears to the total usable floor area of the project. Landlord shall have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the premises or the project. Any award for the taking of all or any part of the premises or the project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, as severance damages,or as damages for tenant improvements;provided, however,that Tenant shall be entitled to any separate award for Ioss of or damage to Tenant's trade fixtures and removable personal property and any award available for the relocation of Tenant's business. In the event that this Lease is not terminated by reason of such condemnation, and subject to the requirements of any lender that has made a loan to Landlord encumbering the project, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation,repair any damage to the project caused by such condemnation except to the extent that Tenant has been reimbursed therefore by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Except as set forth in this Section,Landlord shall have no liability to Tenant for interruption of Tenant's business upon the premises, diminution of Tenant's ability to use the premises,or other injury or damage sustained by Tenant as a result of such condemnation. IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed,the day and year above written. Signed,sealed and delivered in the presence of: Witness as to Landlord: Landlord: Wells Landin •. = ents LLC d/b/a The Heart of Boynto .o•: Lewis Swezy, Manager of Mana!; By: By: K., Date: Da J 2. Witness as to Tenant: Tenant Name: City of Boynton Beach. Byr1 L.' —.Mgt By: Il _ lb. i , a ._ Date:^r'' 00333243.1 306-9903604) 7 1330 G\T Y o,. rt.*. 1, ETON 6 Memo To: Daniel Dugger, City Manager From: Stacey R. Weinger, Deputy City Attorney ,1 10 Date: June 19Th)---, 2024 Dept. CRA Matter# 24-0476 Re: Wells Landing Apartments LLC dba The Heart of Boynton Shops Unit 8 Business Lease Transmitted herewith are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. The City Manager is authorized to execute these documents in accordance with: Commission Approval. Resolution No. R23-064 To: Office of the City Clerk Please take the actions indicated below with respect to these documents: Q Attest to the execution of the Agreement by the City Manager. Insert the date of execution beneath the City Manager's signature (if not already dated). Expiration Date:May 31, 2029 This version of the Lease replaces the Lease dated May 16, 2023 Please retain one original as a public record and forward a copy of the fully-executed document to: Bonnie Nicklien, CRA To: Bonnie Nicklien, CRA Please forward the fully-executed document to the other party. Thank you. 1331 BUSINESS LEASE This AGREEMENT of Lease(this"Lease"),is entered into this 4 day of `.'Q_ 2024, between Wells Landing Apartments LLC d/b/a The Heart of Boynton Shops (hereinafter called the Lessor" or the "Landlord"), and The City of Boynton Beach (hereinafter called the "Lessee" or Tenant"). WITNESSETH,that the said Lessor does this day Lease unto said Lessee and said Lessee does hereby hire and take as Tenant approximately: Square feet of Commercial Space: 1,055 square feet Location:137 NE 106 Avenue Suite 108 Boynton Beach, FL 33435 Accepted Use: Used and occupied by the Lessee as a Neighborhood Officer Program ("NOP") Office and for no other purposes or uses whatsoever. Lease Term:Five(5)years subject and conditioned on the provisions of this lease. The Lease should begin June 1,2024 and end May 31,2029.Due to the construction of the retail space, dates may need to be adjusted.Tenant may automatically renew this lease for successive five(5)year periods upon written notice to the Landlord. Tenant agrees and understands that the move-in date is only an approximate date.Premises are available to Tenant as of the date of issuance of residential TCO. Total rent is payable as follows: Total Rent EACH year is: June 1,2024—May 31,2029: Annual Base Rent: $0.00 Monthly Base Rent: Zero Dollars and 0 Cents 0.00) Monthly Sales Tax: Zero Dollars and 0 Cents ($0.00) Monthly CAM Fee: Not to exceed ($96.71) Monthly Total: Zero Dollars and 0 cents ($0.00). In no case shall the total rent described above, plus any additional rent described herein, exceed an amount equal to 0.00 dollars ($0.00)per square foot. Acceptance of Premises: Tenant accepts premises in "As Is" & "Where Is" condition. Tenant shall be responsible for all expenses associated with the direct operation of the Premises, including but not limited to, electric, water, cleaning, and all utility expenses. Tenant shall be fully responsible for obtaining a Certificate of Occupancy,Certificate of Use, and Business Tax Receipt from City of Boynton Beach and Palm Beach County,as applicable within One Hundred and Twenty(120) days of issuance of a Temporary Certificate of Occupancy for the residential portion of the building. Tenant is responsible for complying with all applicable laws, codes, rules and regulations, including but not limited to county/state/federal fire regulations.Tenant's failure to comply with the requirements of this paragraph shall be considered a breach of this Lease. Tenant is also responsible for any fees acquired due to the violations. Construction Assistance: Tenant shall receive financial assistance from the Boynton Beach CRA and/or the Landlord subject to the terms and conditions of an interlocal agreement. Rules and Regulations governing the use of the property including common areas: In addition to the terms set forth herein, Tenant understands and agrees to comply with certain rules that 00555245.1306-9905604 1 1 1332 will be set forth by Landlord to assure safety, sanitation, code compliance, uniformity and cooperation including matters such as:Parking, signage,trash removal,storage of personal property,loitering Tenant Responsibilities: Except as noted above, Tenant shall be responsible for all improvements and alterations to the interior. Tenant shall obtain all necessary permits and licenses to conduct work. Tenant agrees to pay for the all of the design and construction of build-out including but not limited to electrical, mechanical, plumbing, structural, building, fire and all other trades as applicable to current building codes. Tenant further agrees to hold Landlord harmless for all build-out improvements including any fees/fines required for final approvals. 1. ASSIGNMENT. Tenant shall not assign, transfer, sublease, mortgage, pledge or otherwise encumber the demised premises or any part thereof without the express, written consent of Landlord first obtained;provided,however,that Landlord's consent shall not be unreasonably withheld. In the event of any assignment,transfer or sublease by Tenant,Tenant shall remain liable for the full performance of each and every covenant and condition hereunder. Landlord's approval of any subtenant or assignee is conditioned upon there being no additional compliance required with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant and such approval shall create no responsibility or liability on the part of the Landlord for any non-compliance with laws,rules and regulations of any governmental authority. 2. TENANT COMPLIANCE. Tenant, at Tenant's sole expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state county and municipal authorities now in force or which may hereafter be in force, which shall impose any duty upon the Landlord or Tenant with respect to the use, occupation or alteration of the premises, and the Tenant shall use all reasonable efforts to fully comply with the Americans with Disability Act. Tenant agrees to pay tenant's pro-rata share of Landlord's capital expenditures required under any governmental law, rule or regulation that was not applicable to the building at the time it was originally constructed. Landlord,to its best knowledge, is currently complaint with all governing codes and regulations. 3. FIRE. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease, whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety (90) days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this Lease, and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. Tenant shall not be liable for rent during the time the premises are rendered untenantable. 4. ABANDONMENT. In the event the Lessee abandons the premises, the Landlord may, at his option, enter the leased premises, by force or otherwise, without being liable in any way. For the purpose of this section, both parties agree that the premises shall have been deemed abandoned and vacated if 1) the Lessee has not entered the premises for five, consecutive working days, excluding weekends and holidays, and (2) the Lessee has not notified the Lessor, in writing, of its intention to be away from the premises for vacation or other purpose. Delinquent shall be defined as ten (10) days past due. 5. RIGHT OF ENTRY. The Lessor or any of his agents, shall have the right to enter said premises during all reasonable hours with reasonable notice, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort or preservation thereof or of said building or to exhibit said premises and to put or keep upon the doors or windows thereof a notice 'FOR RENT"at any time within thirty(30) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions,which do not conform to this Lease or to the rules and regulations of the building. 00555245.1906-9905604) 2 1333 6. ALTERATIONS. Lessee shall make no structural changes, alterations or mechanical improvements whatsoever without first having obtained the written consent of the Lessor which shall not be unreasonably withheld. Any structural improvements and additions to the premises which Lessee might make must comply with such municipal building and zoning code as would be applicable and shall be paid for in cash at time of making thereof, so as not to subject the premises to mechanics lien. If Landlord so elects, Tenant at its cost shall restore the premises to the condition designated by Landlord in its election, before the last day of the term of this Lease or within thirty (30) days after notice of election is given, whichever is earlier. Landlord's approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with all laws, rules and regulations of governmental agencies or authorities. 7. INTERIOR Tenant agrees to keep the interior of said premises, all windows, screens, awnings, doors, including the overhead truck loading doors, interior walls, pipes, electrical fans, machinery, plumbing,electric wiring, and other fixtures and interior appurtenances, in good and substantial repair and clean condition at Tenant's own expense--fire, windstonn, or other act of God, alone excepted. All glass, both interior and exterior, is at the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, any glass broken during the teens of this lease. It is hereby understood and agreed that in the event that there is an air conditioning unit (or units) in the demised premises, the Tenant shall maintain and repair the same during the term of this lease and shall return said unit (or units)to the Landlord at the termination of this lease in good working order,reasonable wear and tear excepted. Tenant shall enter into a maintenance contract with a licensed mechanical contractor for the maintenance of said air conditioning units, and shall provide Landlord with a copy of said maintenance agreement within thirty(30)days of execution of this lease. 8. CHATTELS. The Lessee hereby pledges and assigns to the Lessor all the furniture, fixtures, goods, and chattels of said Lease, which shall or maybe brought or put on said premises as security for the payment of rent herein reserved and the Lessee agrees that the said lien may be enforced by distressed foreclosure or otherwise at the election of the said Lessor and Lessee agrees to pay collection costs. Except the equipment listed in the attached list and/or under lease and owned by third parties. 9. Without waiving the right to sovereign immunity,the Tenant acknowledges that it is self-insured for commercial general liability in the amounts specified in Florida Statutes Section 768.28,as may be amended from time to time. In addition,Tenant maintains a third-party commercial general liability insurance in lieu of exclusive reliance on self-insurance, which Tenant shall provide proof of the Certificate of Insurance to Landlord prior to the commencement of the Term. 10. HEIRS AND ASSIGNS. This Lease shall bind the Lessor and its assigns or successors and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be of the Lessee. 11. NOTICE. It is understood and agreed between the parties hereto that written notice by email, certified mail return receipt requested, mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice by email, certified mail return receipt requested, mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this Lease. 12. WAIVER. The rights of the Lessor under this Lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 00555245 I 306-9905604 f 3 1334 13. SIGNS. It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the Lessor for approval before installation of same. Tenant shall have the right to install its store sign on the Premises, at its sole cost and expense, in accordance with the code and sign criteria established by the City of Boynton Beach. 14. CHARGES FOR SERVICE. It is understood and agreed between the parties hereto that any charges assessed upon the Tenant by Landlord for services, utilities or for the workdone on the premises by order of the Tenant, or otherwise accruing under this Lease, shall be considered as rent due and shall be included in any lien for rent. It is further understood that the Tenant shall, upon demand,,pay as additional rent its pro rata share(s) of any sprinkler standby, storm water utility standby, water and/or sewer charges billable to the Landlord for the buildings) of which the demised premises are a part. Landlord represents that,at present,there are no pending charges. 15. BANKRUPTCY.If the Lessee'shall become insolvent or if bankruptcy proceedings shall be instituted' by or against the Lessee, before the end of this Lease,the Lessor is hereby irrevocably authorized to forthwith cancel this Lease,as for a default. 16. SUBORDINATION. Subject to the provisions of Paragraph 33 below,this Lease shall be subordinate to any ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the property and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Notwithstanding such subordination, Tenant's right to quiet possession of the leased premises shall not be disturbed if Tenant is not in default and so long as Tenant shall pay the rent and observe and perform all of the provisionsof this Lease, unless this Lease is otherwise terminated pursuant to its terms. In the event of a foreclosure of any such mortgage or the termination of this Lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such foreclosure or termination, automatically become the Tenant of such successor in interest without change in the terms or other provisions of this Lease. Upon request by Landlord's mortgages or such successor in interest, Tenant shall execute and deliver, on terms and conditions reasonably acceptable to the parties,an instrument or instruments confirming the attornment herein provided for. Tenant agrees to execute and acknowledge any documents required to effectuate an attornment, subordination, or to make this Lease prior to the lien of any mortgage, deed of trust or ground lease, as the case may be. Tenant's failure to execute_ such documents within ten (10) days after written. demand shall constitute a material default by Tenant hereunder or, at Landlord's option, Landlord shall have the right to execute such documents on behalf of Tenant as Tenant's attorney-in-fact. Tenant does hereby make, constitute and irrevocably appoint Landlord as Tenant's attorney-in-fact and in Tenant's name, place and stead, to execute such documents in accordance with this Section, said appointment to be a power during the term of this Lease coupled with an interest and irrevocable. 17. SURRENDER PREMISES. Lessee hereby accepts the premises in the condition they are in at the. beginning of the Lease and agrees.to maintain said premises in thesame condition, order,:and repair as they are at the commencement of said term and to return said premises in broom-swept clean and tenantable condition. Tenant shall not be permitted any holdover status upon termination or cancellation of this Lease. 18. WATER DAMAGE. It is expressly agreed and understood by and between the parties to this Lease that all personal property placed or moved in the premises above described'shall be at the risk'of the Lessee. The Lessor shall not be liable for any damage or injury by water, which may be sustained by the said Tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenantor agents or employees or by reason of the breakage, leakage,obstruction of the water,sewer or soil pipes in or about the said building. 19. RETURN OF PREMISES. At the termination of this Lease, the premises shall be restored to their 100555245 1 306990564.4} 4 1335 original condition (subject to improvements and additions remaining at Lessor's option as described above)and returned to.the Lessor in broom-clean condition. 20. UTILITIES. The Tenant will be responsible for making arrangements with the utility company and the phone company for any electricity or phone service and this Lease will begin on the date indicated,whether or not the Tenant has been able to successfully arrange for such services. 21. PARKING. Motor vehicles shall be parked in the area directly in front of the leased bay and not in front of the neighboring bays. Tenant appoints Landlord as its attorney-in-fact to remove all.vehicles which are improperly parked. Disabled, abandoned or improperly registered vehicles shall not be permitted to remain on the parking area for a period longer than 48 hours. Tenant to have the use of all the parking spaces in front of leased premises. 22. TRASH REMOVED.Tenant shall provide for suitable containers for the collection of trash and other waste.Tenant shall secure the removal of the trash and waste at regular and periodic intervals so as to prevent the accumulation of trash in such a manner as to become a nuisance or health hazard. In the event the.Tenant permits trash or waste to accumulate in an unsightly fashion, Landlord shall be authorized to remove same at Tenant's expense. 23. NO OUTSIDE STORAGE. Tenant shall confute all of its activities to the interior portion of the demised premises and shall not conduct activities or store materials in the areas adjacent to the demised premises. The parking area shall be used for parkingby employees or visitors only. Tenant shall keep the parking area outside its premises free of any waste, trash, or any other debris. No materials,equipment or any items related to the Tenant's business may be stored outside the premises overnight, with the exception of commercial trash containers. No pallets, cardboard boxes or any other material shall be stored outside at any time..No chemicals, flammable items, toxic substances, petroleum products or other contaminants shall be allowed in the property at any time. 24. ABANDONED PROPERTY. It is understood and,agreed that any merchandise, fixtures, furniture or equipment left in the premises When Tenant vacates shall be deemed to have been abandoned by Tenant and by such abandonment Tenant automatically relinquishes any right of interest therein. Landlord is authorized to sell,dispose of or destroy same. 25. ESTOPPEL CERTIFICATE. Tenant, upon request of Landlord or any holders of a mortgage against the fee,shall from time to time deliver or causeto be delivered to.Landlord or such mortgagee,within ten (10) days from date of demand, a certificate duly executed and acknowledged in form for recording, without charge, certifying, if true, that this Lease is valid and existing and in full force, effect that Landlord is not in default under any of the terms of this Lease and such other matters as may be required by Landlord or such mortgagee. Tenant further agrees to pay to Landlord, as additional rent, an amount equal to 1/30.of one month's rent at the monthly rental then obtaining, for each day, if any, in excess often (10) days after such demand that Tenant shall fail to deliver such a certificate as provided for in this clause. 26. HAZARDOUS SUBSTANCES "GENERAL: The .term "Hazardous Substances," as used. in this Lease shall mean pollutants, contaminants,toxic or hazardous wastes, or any other substances the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any"Environmental Law," which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasigovernmental authority relating to pollution or protection of the environment. Lessee hereby agrees that (i).no activity will be conducted on the premises that will produce any Hazardous Substance, except for such activities that are part of the ordinary course of Lessee's business activities (the "Permitted Activities") provided said Permitted Activities are conducted in accordance with all Environmental Laws and have been approved in advance in writing by Lessor, Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (ii) the premises will not be used in any manner for the storage of any Hazardous Substances except for the temporary storage of:such 005552A5.1 306-9905604} 5 1336 materials that are used in the ordinary course of Lessee's business (the "Permitted Materials") provided such Permitted Materials are properly stored in a manner and location meeting all Environmental Laws and approved in advance in writing by Lessor;.Lessee shall be responsible for obtaining any required permits and paying any fees and providing any testing required by any governmental agency; (iii)no portion of the premises will be used as a landfill or a dump; (iv)Lessee will notinstall any underground tanks of any type;,(v)Lessee will not allow any•surface or subsurface conditions to exist or come into existence that constitute,or with the passage of time may constitute a public or private nuisance;_(vi) Lessee will not permit any Hazardous Substances to be brought into the premises, except for the Permitted Materials described below, and if so brought or found located thereon, the same shall be immediately removed, with proper disposal, and all required-cleanup procedures shall be diligently undertaken pursuant to all Environmental Laws. Lessor or Lessor's representative shall have the right but not the obligation to enter the premises for the purpose of inspecting the storage, use and disposal of Permitted Materials to ensure compliance: with .all Environmental Laws. Should it be determined, in Lessor's sole opinion,that said Permitted Materials are being improperly stored, used,or disposed of,then Lessee shall.immediately take such.corrective action as requested by Lessor. Should .Lessee fail to take such corrective action within. 24 hours, Lessor-shall have the right to perform such work and Lessee shall promptly reimburse Lessor for any and all costs associated with said Work. If at any time during or after the term of the Lease, the premises is found to be-so contaminated or subjectto.said conditions,.Lessee shall.diligently institute proper and thorough cleanup procedures at Lessee's sole cost, and Lessee agrees to indemnify and hold Lessor harmless from all claims, demand, actions, liabilities, costs, expenses, damages .and obligations of any nature arising from or as a result of the use of the premises by Lessee. The foregoing indemnification and the responsibilities of Lessee shall survive the termination or expiration,of this Lease. 27. LANDLORD'S LIABILITY. The liability of the Landlord (which, for the purposes of this Lease, shall include the Owner of the building if other than the Landlord) to the Tenant for any default by Landlord under the terms.of this-Lease is limited to the interest of the Landlord in the building, and the Tenant agrees to.look solely to the Landlords interest in the building for the recovery of any judgment.. 28. RADON GAS. Radon is a naturally occurring.radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to.persons Who-are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 29. ATTORNEY'S FEES. If either party becomes a party to any litigation concerning:this Lease,_the premises, or the:building or other improvements in which the premises are located, by reason of any act or omission of the other party or its authorized representatives,and not by any act or omission of the party or its authorized representatives,the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and all costs and eXpernse incurred by it in connection with said litigation including available appeals thereof. 30.-WAIVER OF TRIAL BY JURY. Tenant and Landlord -hereby knowingly, voluntarily, and intentionally waive the right either may have to a trial by.jury:in respect to any litigation based thereon, or arising out of under or in connection with this instrument .and any agreement contemplated to be executed in conjunction herewith or any'course of conduct, course of dealing, statements (whether verbal or written), or actions of either party. This provision is a material inducement for the Landlord leasing the premises to the Tenant. 31. CONDEMNATION. If any portion of the leased premises or the project are taken under the power of eminent domain,.or sold under the threat of the exercise of said power(all of which are herein called condemnation'), this Lease shall terminate as to the.part so taken as of the date the condemning authority takes title or possession,whichever first occurs;provided that if so much of the premises-or 00555245.1 706-9905604) 6 1337 project are taken by such condemnation as would substantially and adversely affect the operation and profitability of Tenant's business conducted from the premises, and said taking lasts for ninety (90) days or more, Tenant shall have the option, to be exercised only in writing within thirty (30) days after Landlord shall have given Tenant written notice of such taking(or in the absence of such notice, within thirty(30) days after the condemning authority shall have taken possession), to terminate this Lease as of the date the condemning authority takes such possession. If a taking lasts for less than ninety (90) days, Tenant's rent shall be abated during said period but Tenant shall not have the right to terminate this Lease. If Tenant does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the premises remaining, except that the rent shall be reduced to the proportion that the usable floor area of the leased premises taken bears to the total usable floor area of the project. Landlord shall have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written notice to Tenant of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the premises or the project. Any award for the taking of all or any part of the premises or the project under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Landlord, whether such award shall be made as compensation for diminution in value of the leasehold or for the taking of the fee, as severance damages, or as damages for tenant improvements; provided, however, that Tenant shall be entitled to any separate award for loss of or damage to Tenant's trade fixtures and removable personal property and any award available for the relocation of Tenant's business. In the event that this Lease is not terminated by reason of such condemnation, and subject to the requirements of any lender that has made a loan to Landlord encumbering the project, Landlord shall to the extent of severance damages received by Landlord in connection with such condemnation, repair any damage to the project caused by such condemnation except to the extent that Tenant has been reimbursed therefore by the condemning authority. Tenant shall pay any amount in excess of such severance damages required to complete such repair. Except as set forth in this Section, Landlord shall have no liability to Tenant for interruption of Tenant's business upon the premises, diminution of Tenant's ability to use the premises, or other injury or damage sustained by Tenant as a result of such condemnation. IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed,the day and year above written. Signed,sealed and delivered in the presence of: Witness as to Landlord: Landlord: Wells Lan•,ng Apartments LLC d/b/a The Heart of Boy ii' ops by Lewis Swezy, Manager of *.j'r By:i "~—' By: Date: i /z L /Z'( Dat ffMrPir2A,2 Witnes • to Tenant:Tenant Name: City of Boynton Bea h B • j 't 1.. P an ie Dugger, • • .n.";r Date: kQ FEL Date: 4)/41 QjOY N roti`Akk CITY AT e'NEY'S OFFICE i O : 1"‹.<\< '\ Approved isf. pnd legality 41,1 U• SEAL 'IS ey R.Weinger, I INCORPORATED; Deputy City Attorney 00555245.1 305-9905604 O 7 192 FLOR\O 1338 NOP Office Buildout Budget Name Model Unit Price Units Extended Price BBCRA BBPD BBCRA Cost BBPD Cost Tenant Buildout $155,874.71 1 $155,874.71 1 $155,874.71 $0.00 Ext. Camera 6.0c-h5a-dp1-IR $1,034.43 2 $2,068.86 1 $2,068.86 $0.00 Int. Camera 12w-h5a-fe-do1-IR $951.74 2 $1,903.48 1 $0.00 $1,903.48 NVR NVR4x-std-24tb-s16-na $11,929.63 1 $11,929.63 1 $11,929.63 $0.00 Ext. Camera Mount acc7-ent-h4a-mt-wall1 $60.40 2 $120.80 1 $120.80 $0.00 Life Safety Power (Doors/Readers)*ac-lsp-8dr-mer-lck $678.69 1 $678.69 1 0 $678.69 $0.00 Intelligent Controller (Doors and readers)*ac-mer-cont-lp1502 $1,059.18 1 $1,059.18 0 1 $0.00 $1,059.18 Reader interface (Doors and readers)*ac-mer-con-mr52-s3b $583.24 1 $583.24 0 1 $0.00 $583.24 Network Comm Module remote (Fire)ac-lsp-nl4 $325.36 1 $325.36 1 $325.36 $0.00 Card Reader AC-HID-READER-SIGNO .$565.65 4 $2,262.60 1 $0.00 $2,262.60 28 port switch CBS350-24FP-4G-NA $1,604.68 1 $1,604.68 1 $1,604.68 $0.00 Master Tech (labor)Master Tech (GSA)$110.83 160 $17,732.80 1 $17,732.80 $0.00 System Design Engineer (labor)System Design Engineer($110.83 16 $1,773.28 1 $1,773.28 $0.00 Project Manager (labor)Project manager (GSA)$110.83 34 $3,768.22 1 $3,768.22 $0.00 Alarm Service 1-yr (Operating) Miscellaneous $3,987.43 1 $3,987.43 1 $3,987.43 $0.00 Door Access control pre-build Miscellaneous $879.34 4 $3,517.36 1 $0.00 $3,517.36 Rack and Battery backup Miscellaneous $1,982.45 1 $1,982.45 1 $1,982.45 $0.00 Labor Camera/Reader/Programming/Wiring Miscellaneous $4,783.00 1 $4,783.00 0.5 0.5 $2,391.50 $2,391.50 Furniture, Fixtures, and Equipment Miscellaneous $20,260.00 1 $20,260.00 0 1 0 $20,260.00 $204,238.41 $31,977.36Total EXHIBIT B 1339 RS Construction of Dade, Inc.Date: 12/5/24 CGC 040308 7735 NW 146th Street, Suite 306 Miami Lakes, FL 33016 305-821-0330 Proposal For: WORK TO UNIT 108 HOB NOP OFFICE SPACE 137 NE 10th Avenue - Unit 108 Boynton Beach , Florida 33125 Scope of Work All Labor & Materials for the Interior Built - Out for Unit #108 according to plans by The Construction & Architecture Group ,Inc, final plans Schedule of Value Drywall & Drywall Finish $ 20,500.00 ARMORTEX BULLET- RESISTANCE FIBERGLASS PANELS- ALLOWANCE - NEED LEVEL OF SECURTY &THICKNESS $ 6,000.00 Acoustical Tile $ 5,785.00 Insulation $ 2,200.00 Doors & Hardware $ 6,900.00 STORE FRONT GLASS DOOR WITH SIDELIGHTS $ 5,874.00 Painting $ 2,200.00 Flooring & Tile - AS PER TILE PROPOSAL $ 6,149.20 FRP PANEL $ 750.00 Cabinets & Tops AS PER PROPOSAL $ 5,000.00 HVAC - Mechanical System $ 18,830.00 Plumbing & Plumbing Fixtures $ 14,631.00 Fire Sprinklers $ 4,278.00 Electrical, Main Panels (COPPER SEED) $ 24,050.00 Light Fixtures $ 4,800.00 Fire Alarms $ 4,500.00 Appliances $ 910.00 Specilaties - Handicap Requirements In Bathrooms $ 2,375.00 Rough & Final Cleaning $ 1,000.00 SubTotal $ 136,732.20 GC FEE - 14 % $ 19,142.51 TOTAL CONSTRUCTION COST $ 155,874.71 Intercom System & Camera System By Tenant Communication System & Wi-Fi System By Tenant This proposal includes all fees, materials, labor, over head & profit until we received the final permit set . Final Proposal 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 AIA® Document A105® – 2017 Standard Short Form of Agreement Between Owner and Contractor AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:18:24 ET on 11/25/2024 under Order No.2114568191 which expires on 09/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1296128105) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « » day of « in the year «2025 » (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) « »« » Boynton Beach Community Redevelopment Agency « » 100 E. Ocean Avenue « »4th Floor « »Boynton Beach, FL 33435 and the Contractor: (Name, legal status, address and other information) « »« » R.S. Construction of Dade, Inc »« » «7735 NW 146 Street Suite 306 « Miami Lakes, FL 33016 « » « » « » for the following Project: (Name, location and detailed description) « »«Heart of Boynton Shops NOP Office 137 N.E. 10th Ave Unit 108 » « Boynton Beach, FL 33435» « » « » « » The Architect: (Name, legal status, address and other information) « »« »«AW Architects »« » «7700 Congress Ave Suite 114 » « Boca Raton, FL 33487 » « » « » « » « » The Owner and Contractor agree as follows. 1352 AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:18:24 ET on 11/25/2024 under Order No.2114568191 which expires on 09/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1296128105) 2 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENTS 5 INSURANCE 6 GENERAL PROVISIONS 7 OWNER 8 CONTRACTOR 9 ARCHITECT 10 CHANGES IN THE WORK 11 TIME 12 PAYMENTS AND COMPLETION 13 PROTECTION OF PERSONS AND PROPERTY 14 CORRECTION OF WORK 15 MISCELLANEOUS PROVISIONS 16 TERMINATION OF THE CONTRACT 17 OTHER TERMS AND CONDITIONS ARTICLE 1 THE CONTRACT DOCUMENTS The Contractor shall complete the Work described in the Contract Documents for the Project. The Contract Documents consist of .1 this Agreement signed by the Owner and Contractor; .2 the drawings and specifications prepared by the Architect, dated «12/12/23 », and enumerated as follows: Drawings: Number Title Date As per Approved Plans Specifications: Section Title Pages As per Approved Plans .3 addenda prepared by the Architect as follows: Number Date Pages .4 written orders for changes in the Work, pursuant to Article 10, issued after execution of this Agreement; and 1353 AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:18:24 ET on 11/25/2024 under Order No.2114568191 which expires on 09/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1296128105) 3 .5 other documents, if any, identified as follows: « Engineering Plans by Kamm Consultants Inc. » ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The Contract Time is the number of calendar days available to the Contractor to substantially complete the Work. § 2.2 Date of Commencement: Unless otherwise set forth below, the date of commencement shall be the date of this Agreement. (Insert the date of commencement if other than the date of this Agreement.) « Date of Commencement shall be Two Weeks from the effective date § 2.3 Substantial Completion: Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion, as defined in Section 12.5, of the entire Work: (Check the appropriate box and complete the necessary information.) [ « X» ] Not later than « Ninety » ( « 90 ) calendar days from the date of commencement. [ « » ] By the following date: « » ARTICLE 3 CONTRACT SUM § 3.1 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. Subject to additions and deductions in accordance with Article 10, the Contract Sum is: « » ($ « One Hundred Fifty-Five Thousand Eight Hundred and Seventy Four Dollars and 71 Cents» ) § 3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work: (Itemize the Contract Sum among the major portions of the Work.) Portion of the Work Value See Schedule of Values attached as per Final Proposal § 3.3 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and hereby accepted by the Owner: (Identify the accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) « § 3.4 Allowances, if any, included in the Contract Sum are as follows: (Identify each allowance.) Item Price § 3.5 Unit prices, if any, are as follows: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) 1354 AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:18:24 ET on 11/25/2024 under Order No.2114568191 which expires on 09/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1296128105) 4 ARTICLE 4 PAYMENTS § 4.1 Based on Contractor’s Applications for Payment certified by the Architect, the Owner shall pay the Contractor, in accordance with Article 12, as follows: (Insert below timing for payments and provisions for withholding retainage, if any.) « » Payments shall reflect percentage of completion of the Scope of Work as reflected in approved form AIA G702/G703. Retainage shall be 5%. Contractor Profit, Overhead and General Requirements shall not exceed 14%. Applications for Payment shall not be submitted more than once every 30 days.» § 4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Insert rate of interest agreed upon, if any.) « » % « » ARTICLE 5 INSURANCE § 5.1 The Contractor shall maintain the following types and limits of insurance until the expiration of the period for correction of Work as set forth in Section 14.2, subject to the terms and conditions set forth in this Section 5.1: § 5.1.1 Commercial General Liability insurance for the Project, written on an occurrence form, with policy limits of not less than « One Million Dollars » ($ 1,000,000.00 « » ) each occurrence, « Six Million Dollars » ($ «6,000,000.00 » ) general aggregate, and « Two Million Dollars » ($ «2,000,000.00 » ) aggregate for products- completed operations hazard. § 5.1.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Contractor, with policy limits of not less than « One Million Dollars » ($ ««$1,000,000.00 » ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage. § 5.1.3 The Contractor may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such primary and excess or umbrella insurance policies result in the same or greater coverage as those required under Section 5.1.1 and 5.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 5.1.4 Workers’ Compensation at statutory limits. § 5.1.5 Employers’ Liability with policy limits not less than « Five Hundred Thousand Dollars » ($ «500,000.00 » each accident, « Five Hundred Thousand Dollars » ($ « 500,000.00 » ) each employee, and « Five Hundred Thousand Dollars » ($ 500,000.00 » ) policy limit. § 5.1.6 The Contractor shall provide builder’s risk insurance to cover the total value of the entire Project on a replacement cost basis. § 5.1.7 Other Insurance Provided by the Contractor (List below any other insurance coverage to be provided by the Contractor and any applicable limits.) Coverage Limits § 5.2 The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance and shall provide property insurance to cover the value of the Owner’s property. The Contractor is entitled to receive an increase in the Contract Sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Owner’s property insurance. 1355 AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:18:24 ET on 11/25/2024 under Order No.2114568191 which expires on 09/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1296128105) 5 § 5.3 The Contractor shall obtain an endorsement to its Commercial General Liability insurance policy to provide coverage for the Contractor’s obligations under Section 8.12. § 5.4 Prior to commencement of the Work, each party shall provide certificates of insurance showing their respective coverages. § 5.5 Unless specifically precluded by the Owner’s property insurance policy, the Owner and Contractor waive all rights against (1) each other and any of their subcontractors, suppliers, agents, and employees, each of the other; and (2) the Architect, Architect’s consultants, and any of their agents and employees, for damages caused by fire or other causes of loss to the extent those losses are covered by property insurance or other insurance applicable to the Project, except such rights as they have to the proceeds of such insurance. ARTICLE 6 GENERAL PROVISIONS § 6.1 The Contract The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification in accordance with Article 10. § 6.2 The Work The term “Work” means the construction and services required by the Contract Documents, and includes all other labor, materials, equipment, and services provided, or to be provided, by the Contractor to fulfill the Contractor’s obligations. § 6.3 Intent The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. § 6.4 Ownership and Use of Architect’s Drawings, Specifications and Other Documents Documents prepared by the Architect are instruments of the Architect’s service for use solely with respect to this Project. The Architect shall retain all common law, statutory, and other reserved rights, including the copyright. The Contractor, subcontractors, sub-subcontractors, and suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect. Notwithstanding the foregoing, nothing in this Agreement affects Owner’s rights to documents prepared by Architect as such rights may be set forth in any agreement between Owner and Archtect. § 6.5 Electronic Notice Written notice under this Agreement may be given by one party to the other by email as set forth below. (Insert requirements for delivering written notice by email such as name, title, and email address of the recipient, and whether and how the system will be required to generate a read receipt for the transmission.) « » Notices to Owner addressed TBD RS Construction of Dade , Notices to Contractor addressed to Lewis Swezy at lswezy@centennialmgt.com AND Paul Bilton at pbilton@centennialmgt.com » ARTICLE 7 OWNER § 7.1 Information and Services Required of the Owner § 7.1.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site. § 7.1.2 Except for permits and fees under Section 8.7.1 that are the responsibility of the Contractor, the Owner shall obtain and pay for other necessary approvals, easements, assessments, and charges. § 7.1.3 Prior to commencement of the Work, at the written request of the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations 1356 AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:18:24 ET on 11/25/2024 under Order No.2114568191 which expires on 09/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1296128105) 6 under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. § 7.2 Owner’s Right to Stop the Work If the Contractor fails to correct Work which is not in accordance with the Contract Documents, the Owner may direct the Contractor in writing to stop the Work until the correction is made. § 7.3 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case, the Architect may withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the cost of correction, provided the actions of the Owner and amounts charged to the Contractor were approved by the Architect. § 7.4 Owner’s Right to Perform Construction and to Award Separate Contracts § 7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and to award separate contracts in connection with other portions of the Project. § 7.4.2 The Contractor shall coordinate and cooperate with the Owner’s own forces and separate contractors employed by the Owner. ARTICLE 8 CONTRACTOR § 8.1 Review of Contract Documents and Field Conditions by Contractor § 8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. § 8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner. Before commencing activities, the Contractor shall (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor with the Contract Documents; and (3) promptly report errors, inconsistencies, or omissions discovered to the Architect. § 8.2 Contractor’s Construction Schedule The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. § 8.3 Supervision and Construction Procedures § 8.3.1 The Contractor shall supervise and direct the Work using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work. § 8.3.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner, through the Architect, the names of subcontractors or suppliers for each portion of the Work. The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection. § 8.4 Labor and Materials § 8.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. § 8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 1357 AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:18:24 ET on 11/25/2024 under Order No.2114568191 which expires on 09/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1296128105) 7 § 8.5 Warranty The Contractor warrants to the Owner and Architect that: (1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Contract Documents. Any material or equipment warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 12.5. § 8.6 Taxes The Contractor shall pay sales, consumer, use, and similar taxes that are legally required when the Contract is executed. § 8.7 Permits, Fees and Notices § 8.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees, licenses, and inspections necessary for proper execution and completion of the Work. § 8.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules, and regulations. § 8.8 Submittals The Contractor shall promptly review, approve in writing, and submit to the Architect shop drawings, product data, samples, and similar submittals required by the Contract Documents. Shop drawings, product data, samples, and similar submittals are not Contract Documents. § 8.9 Use of Site The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents, and the Owner. § 8.10 Cutting and Patching The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. § 8.11 Cleaning Up The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion of the Work, the Contractor shall remove its tools, construction equipment, machinery, and surplus material; and shall properly dispose of waste materials. § 8.12 Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of Owner, including those set forth in Section 768.28, Florida Statutes ARTICLE 9 ARCHITECT § 9.1 The Architect will provide administration of the Contract as described in the Contract Documents. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 9.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. 1358 AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:18:24 ET on 11/25/2024 under Order No.2114568191 which expires on 09/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1296128105) 8 § 9.3 The Architect will not have control over or charge of, and will not be responsible for, construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor’s responsibility. The Architect will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. § 9.4 Based on the Architect’s observations and evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor. § 9.5 The Architect has authority to reject Work that does not conform to the Contract Documents. § 9.6 The Architect will promptly review and approve or take appropriate action upon Contractor’s submittals, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 9.7 On written request from either the Owner or Contractor, the Architect will promptly interpret and decide matters concerning performance under, and requirements of, the Contract Documents. § 9.8 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from the Contract Documents, and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 9.9 The Architect’s duties, responsibilities, and limits of authority as described in the Contract Documents shall not be changed without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. ARTICLE 10 CHANGES IN THE WORK § 10.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract, consisting of additions, deletions or other revisions, and the Contract Sum and Contract Time shall be adjusted accordingly, in writing. If the Owner and Contractor cannot agree to a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus reasonable overhead and profit. § 10.2 The Architect may authorize or order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such authorization or order shall be in writing and shall be binding on the Owner and Contractor. The Contractor shall proceed with such minor changes promptly. § 10.3 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment. ARTICLE 11 TIME § 11.1 Time limits stated in the Contract Documents are of the essence of the Contract. § 11.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, or other causes beyond the Contractor’s control, the Contract Time shall be subject to equitable adjustment. § 11.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the responsible party. ARTICLE 12 PAYMENTS AND COMPLETION § 12.1 Contract Sum The Contract Sum stated in this Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 1359 AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:18:24 ET on 11/25/2024 under Order No.2114568191 which expires on 09/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1296128105) 9 § 12.2 Applications for Payment § 12.2.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the values stated in this Agreement. The Application shall be supported by data substantiating the Contractor’s right to payment as the Owner or Architect may reasonably require, such as evidence of payments made to, and waivers of liens from, subcontractors and suppliers. Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing. § 12.2.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or other encumbrances adverse to the Owner’s interests. § 12.3 Certificates for Payment The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner in writing of the Architect’s reasons for withholding certification in part; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole. If certification or notification is not made within such seven day period, the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time and the Contract Sum shall be equitably adjusted due to the delay. § 12.4 Progress Payments § 12.4.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner provided in the Contract Documents. § 12.4.2 The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders. § 12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier. § 12.4.4 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. § 12.5 Substantial Completion § 12.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 12.5.2 When the Contractor believes that the Work or designated portion thereof is substantially complete, it will notify the Architect and the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect determines that the Work is substantially complete, the Architect shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, establish the responsibilities of the Owner and Contractor, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 12.6 Final Completion and Final Payment § 12.6.1 Upon receipt of a final Application for Payment, the Architect will inspect the Work. When the Architect finds the Work acceptable and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment. 1360 AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:18:24 ET on 11/25/2024 under Order No.2114568191 which expires on 09/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1296128105) 10 § 12.6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests, or encumbrances arising out of the Contract. § 12.6.3 Acceptance of final payment by the Contractor, a subcontractor or supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract. The Contractor shall take reasonable precautions to prevent damage, injury, or loss to employees on the Work and other persons who may be affected thereby, the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the Contractor may be liable. ARTICLE 14 CORRECTION OF WORK § 14.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements of the Contract Documents. The Contractor shall bear the cost of correcting such rejected Work, including the costs of uncovering, replacement, and additional testing. § 14.2 In addition to the Contractor’s other obligations including warranties under the Contract, the Contractor shall, for a period of one year after Substantial Completion, correct work not conforming to the requirements of the Contract Documents. § 14.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 7.3. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Assignment of Contract Neither party to the Contract shall assign the Contract as a whole without written consent of the other. § 15.2 Tests and Inspections § 15.2.1 At the appropriate times, the Contractor shall arrange and bear cost of tests, inspections, and approvals of portions of the Work required by the Contract Documents or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. § 15.2.2 If the Architect requires additional testing, the Contractor shall perform those tests. § 15.2.3 The Owner shall bear cost of tests, inspections, or approvals that do not become requirements until after the Contract is executed. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 15.3 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. ARTICLE 16 TERMINATION OF THE CONTRACT § 16.1 Termination by the Contractor If the Work is stopped under Section 12.3 for a period of 14 days through no fault of the Contractor, the Contractor may, upon seven additional days’ written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit, and costs incurred by reason of such termination. § 16.2 Termination by the Owner for Cause § 16.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 1361 AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:18:24 ET on 11/25/2024 under Order No.2114568191 which expires on 09/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1296128105) 11 .2 fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 is otherwise guilty of substantial breach of a provision of the Contract Documents. § 16.2.2 When any of the above reasons exist, the Owner, after consultation with the Architect, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ written notice, terminate employment of the Contractor and may .1 take possession of the site and of all materials thereon owned by the Contractor, and .2 finish the Work by whatever reasonable method the Owner may deem expedient. § 16.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 16.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 16.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. § 16.3 Termination by the Owner for Convenience The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 17 OTHER TERMS AND CONDITIONS (Insert any other terms or conditions below.) « » §17.1 Contractor shall execute the affidavit required by F.S. 787.06(13). § 17.2 Contractor hereby certifies that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List and that it does not have business operations in Cuba or Syria. Contractor certifies it is not participating in a boycott of Israel. If the Owner determines that this certification is falsified or contains false statements, or that Contractor is placed Scrutinized Companies list or engages in a boycott of Israel after the execution of the Agreement, the Owner may terminate the Agreement. §17.3 The Owner 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 Owner to perform the Contractor Services described in this Agreement. b. Upon request from the Owner’s custodian of public records, provide the Owner 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 records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Owner. Upon completion of the contract, transfer, at no cost, to the Owner all public records in possession of the Contractor or keep and maintain public records required by the Owner to perform the service. If the Contractor transfers all public records to the Owner upon completion of the contract, 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 contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Owner’s custodian of public records, in a format that is compatible with the information technology 1362 AIA Document A105 – 2017. Copyright © 1993, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 16:18:24 ET on 11/25/2024 under Order No.2114568191 which expires on 09/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1296128105) 12 systems of the Owner. §17.4 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 Owner 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 Owner 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 Owner shall terminate the Agreement. If the Owner 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 Owner 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 Owner as a result of the termination of a contract based on Contractor’s failure to comply with E-verify requirements referenced herein. This Agreement entered into as of the day and year first written above. (If required by law, insert cancellation period, disclosures or other warning statements above the signatures.) « » OWNER (Signature) CONTRACTOR (Signature) « »« » « Lewis Swezy »« » President (Printed name and title ) (Printed name and title ) LICENSE NO.: CGC040308 JURISDICTION: State of Florida 1363 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.A SUBJECT: 2024 Holiday Boat Parade Recap SUMMARY: On Friday, December 13, 2024, the Boynton Beach CRA, in conjunction with the Town of Hypoluxo, the Town of Lantana, and the City of Delray Beach hosted the 52nd Annual Boynton Beach Holiday Boat Parade. EVENT RECAP The parade started at 6:30 PM traveling south from the Ocean Avenue bridge in Lantana to the C-15 canal in Delray Beach. Forty-two participants registered for the Holiday Boat Parade. The Boynton Harbor Marina served as the official viewing location for the Holiday Boat Parade and featured live music from the band Rogue Theory, children's activities, a mini vendor market, and a visit from Santa Claus and The Grinch. The event also featured two BBCRA area businesses - ArtSea Living and Scheurer's Chocolates The event provided a spotlight for both waterfront restaurants located at the Boynton Harbor Marina, Two Georges Waterfront Grille and Banana Boat, as well as Prime Catch. Tiki Taxi & Cruises sold tickets to their vessel allowing community members and visitors to participate in the festivities. The winners of the parade will be announced at the Holiday Boat Parade Award's Dinner, which is scheduled to take place at Alu Mexican Cuisine on January 9, 2025. MARKETING RECAP Atlantic Current - One (1) full page ad was published in the Atlantic Current magazine 1364 to recruit captains to participate in the boat parade (see Exhibit A). Cost: $800 Coastal Angler - One (1) quarter-page ad was published in the Coastal Angler magazine to recruit captains to participate in the festivities. A full-page ad and a custom cover graphic were also published to promote the event. The Coastal Angler magazine is a source for anglers, boaters, and conservationists and is the second largest free outdoor publication in the nation with 40,000 circulations per month in Palm Beach, Broward, Dade, and Monroe counties (see Exhibit B). Cost: $1,800 Coastal Star - Two (2) quarter-page ads were in the Coastal Star to promote the event and to recruit captains to participate. The Coastal Star newspaper serves the eastern community of Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and coastal Delray which reaches out to that specific demographic (see Exhibit C). Cost: $1,050 Sun Sentinel - One (1) quarter-page ad was published in the Sun Sentinel to promote the event. The Sun Sentinel is a community publication that shares comprehensive neighborhood news, related to city government, business and real estate, sports, and events (see Exhibit D). Cost: $381 Neighborhood News - Two (2) quarter-page ads were featured in the Neighborhood News to promote the event and recruit captains to participate in the festivities. The Neighborhood News publication is a great way to reach out to the western Boynton Beach communities. The publication is mailed to 17,500 homes/clubhouses, with over 10,000 additional subscribers that read the digital edition online and on Facebook (see Exhibit E). Cost: $900 Posters - A promotional poster was created and distributed to various locations throughout Boynton Beach, including City of Boynton Beach facilities and local businesses. The poster was always shared with the City of Delray Beach, Town of Lantana, and Town of Hypoluxo for additional promotion throughout those areas (see Exhibit F). Cost: $103 Social Media - The Boynton Beach CRA social media platforms were utilized to promote a variety of paid and organic social media marketing initiatives. Various posts were created to promote the event and to recruit captains to participate in the festivities (see Exhibit G). Cost: $1,000 Street Signs - Seven (7) custom street signs were designed and installed at various locations throughout Boynton Beach to promote the event (see Exhibit H). Cost: $1,160 Billboard - A billboard was placed for viewing on Interstate 95 (see Exhibit I). Cost: $0 Pure Honey - A 5"x5" ad was published in Pure Honey to promote the event (see Exhibit J). Cost: $500 FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58500-480 $25,000 CRA PLAN/PROJECT/PROGRAM: 1365 •EXHIBIT A-J 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 1366 EXHIBIT A – The Atlantic Current 1367 EXHIBIT B – Coastal Angler 1368 1369 1370 EXHIBIT C – Coastal Star 1371 1372 EXHIBIT D – Sun Sentinel 1373 EXHIBIT E – Neighborhood News 1374 1375 EXHIBIT F – Poster 1376 EXHIBIT G- SOCIAL MEDIA 1377 1378 1379 1380 EXHIBIT H – Street Signs 1381 EXHIBIT I - Billboard EXHIBIT J – Pure Honey 1382 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.B SUBJECT: Social Media & Print Marketing Update SUMMARY: Throughout the month of December, a variety of marketing efforts were made to promote various BBCRA initiatives and projects, as well as, a variety of local businesses that operate within the BBCRA area. Social Media Marketing BBCRA Project Posts: E. MLK Jr. Blvd. Entry Feature Project Business Promotional Posts : Utilized Facebook and Instagram feed and stories to promote a variety of businesses, such as: Beach House Boutique, Nicholson Muir Meat, Prime Catch, Blue Heart Adult Day Care, and Kabuki. Promotional Events Holiday Boat Parade, Rock the Block, Snapshots with Santa Digital Marketing Blog Posts: Promoted the following blogs on BoyntonBeachInsider.com: Solid Waste Authority Grant , USPS Update, Coastal Cruiser Expanded Service Area, Holiday Boat Parade , Snapshots with Santa , Rock the Block , The BBCRA Welcomes Three Dynamic New Businesses, and Shop Local This Holiday Season. Redevelopment Works Newsletter : Shop Local This Holiday Season New Post Office Coming to East Boynton Beach SWA Grant East MLK Jr. Entry Feature Project Snapshots with Santa Rock the Block Holiday Boat Parade New Business Openings 1383 •Attachment I - December Marketing & Social Media Overview •Attachment II - December Facebook and Instagram Posts Coastal Cruiser Service Area Expanded See Attachment I for an overview of the social media marketing in December, and Attachment II for a full listing of the Facebook and Instagram posts that were shared. 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 1384 SOCIAL MEDIA MARKETING OVERVIEW 1385 SOCIAL MEDIA –PROJECT POSTS 1386 SOCIAL MEDIA -BUSINESS POSTS 1387 SOCIAL MEDIA -BUSINESS POSTS 1388 SOCIAL MEDIA –PROMOTIONAL EVENTS 1389 SOCIAL MEDIA –PROMOTIONAL EVENTS 1390 Facebook & Instagram Posts 1391 Facebook & Instagram Posts 1392 Facebook & Instagram Posts 1393 Facebook & Instagram Posts 1394 Facebook & Instagram Posts 1395 Facebook & Instagram Posts 1396 Facebook & Instagram Posts 1397 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: January 14, 2025 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.C 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 2024-2025: FY 2024-2025 Budget $600,000 Grants Awarded Since October 8, 2024 ($237,450) Remaining Fund Balance as of 1/7/25: $362,550 List of CRA Board approved Economic Development Program Grantees since October 8, 2024: Business Name Address Grant Grant Amount Chow Hut LLC 425 NE 4th Street Property Improvement $25,000 Design Stop LLC 1505 S. Federal Highway Rent Reimbursement $21,000 Spectrum Innovations Inc.1300 W. Industrial Avenue, Unit 113 Rent Reimbursement $11,700 1398 The Meaning Channel Group LLC 1210 S. Federal Highway, Unit 101 Rent Reimbursement $15,750 Thai Venture Group LLC d/b/a Kabuki Sushi Thai Tapas 321 E. Woolbright Road Rent Reimbursement Property Improvement $84,000 Loveli Tea LLC 306 E. Boynton Beach Boulevard Rent Reimbursement Property Improvement $56,000 Pending January 14, 2025 Board Approval EGVV LLC d/b/a Paloma Mexican Restaurant 510 E. Ocean Avenue, Unit 105 Rent Reimbursement $24,000 List of new Business Tax Receipts issued in the CRA boundaries in December 2024: Business Name Address Business Use Rizo Industries Inc.420 NE 3rd Street Landscaping The Meaning Channel Group 1210 S. Federal Highway, Unit 101 Beauty Consultation Paloma Mexican Restaurant 510 E. Ocean Avenue, Unit 105 Restaurant FISCAL IMPACT: FY 2024-2025 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. 1399