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Agenda 10-07-25The City of Boynton Beach City Commission Agenda Tuesday, October 7, 2025, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Rebecca Shelton, Mayor (At Large) Woodrow L Hay, Vice Mayor (District II) Angela Cruz, Commissioner (District I) Thomas Turkin, Commissioner (District III) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org 1 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. 2 1.Openings The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: https://www.boynton-beach.org/748/Watch-City-Commission-Meetings 2. Watch the meeting online and provide public comment during the meeting: YouTube channel (https://www.youtube.com/@cityofboynton). Please click onto the description / more tab under the video player to see: *The Agenda link *Live-To-Air Public Comment link *Instructions on how to make a comment link *Tech Support hotline number If you are following the agenda and want to speak specifically during the agenda item labeled “Public comments”, you are permitted to start the connectivity process during the item that precedes public comments to ensure that all contributors are in que, screened and ready when that segment of the agenda is presented, or please wait until your topic of concern is being discussed before requesting to join the meeting for public comment. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. *Presenters, Consultants, and Subject Matter Experts (SME) may join at any time with prior approval. For additional information or for special assistance prior to the meeting, please contact Maylee De Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061. 3 A.Call to Order - Mayor Rebecca Shelton 2.Other A.Information Items by members of the City Commission. 3.Announcements, Community and Special Events And Presentations A.City Event Announcements 4.Public Audience 5.Administrative A.Request for a waiver of appointment requirements for Advisory Boards. B.Advisory Board Appointments (Tabled at the July 15, 2025, August 5, 2025, August 19, 2025, September 2, 2025, and September 18, 2025 Meetings). C.Community Support Funds. Roll Call. Invocation by Pastor Nate Santos, from Living Waters Church. Pledge of Allegiance to the Flag led by Mayor Rebecca Shelton. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Fall Festival- October 11, 2025 Pirate Fest- October 25, 2025 and October 26, 2025 Public Engagement Workshop for the City's Comprehensive Plan Update- October 20, 2025 Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Speakers will be limited to 3-minute presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission). Barbara Ready is seeking a waiver, for the Historic Resources Preservation Board, for a fourth term and living outside of the City limits. Michael Wilson is seeking a waiver, for the Historic Resources Preservation Board, for a fourth term. Kristopher Kenny is a current Alternate Member for the Education and Youth Advisory Board, and wants to be a Regular Member. He is seeking a waiver because he lives outside of the City limits. Michaella Louis is seeking a waiver, for the Education and Youth Advisory Board, because she lives outside of the City limits. City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Approve Community Support Fund requests from Commissioner Cruz. 4 6.Consent Agenda A.Proposed Resolution No. R25-265- Ratifying the Public Emergency Medical Transportation Letter of Agreement with the Agency for Health Care Administration for the General Appropriations Act of State Fiscal Year 2024-2025 in the amount of $344,510.59, and ratifying the Letter of Agreement Amendment extending the Agreement through September 30, 2026. B.Proposed Resolution No. R25-266- Approving an Affiliation Agreement between the City and FamilySearch International for library cardholders to use their FamilySearch genealogical database. C.Proposed Resolution No. R25-267- Approve an Affiliation Agreement with the American Healthcare Institute, also known as AmHealth, for the Emergency Medical Technician and Paramedic Student Ride Time Program with Boynton Beach Fire Rescue. Proposed Resolution No. R25-268- Authorize the Mayor or City Manager to execute Affiliation Agreements, Participation Agreements, Volunteer Agreements, Internship Agreements, Work Experience Agreements, and other similar agreements between the City and various public and private entities for internships and volunteer opportunities at the City where no fiscal impact applies, on an as-needed basis, subject to approval as to legal sufficiency by the City Attorney's Office. D.Proposed Resolution No. R25-269- Approving the Settlement Agreement and Full and Final General Release in the matter of Roger Salazar v. City of Boynton Beach, et al., totaling $110,000. E.Proposed Resolution No. R25-270- Approving City's purchase of 670 Oak Street from Sellers Deborah Canepa and Scott Picardy in the amount of Six Million Eight Hundred Thousand and 00/100 Dollars ($6,800,000) to be used as a public park, and authorizing the City Manager to negotiate the final deed restriction subject to approval of form by the City Attorney. Proposed Resolution No. R25-271- Approve budget amendment for FY2025-26, adjusting the budget appropriations and revenue sources and providing spending authority for various Funds, Operating Departments, and Capital Budgets. F.Proposed Resolution No. R25-274- Authorizing the City to apply for the 2024 Community Forestry Capacity Grant offered by the Florida Department of Agriculture and Consumer Services in the amount of $50,000, and if awarded, execute all future documents associated with the grant, subject to the approval of the City Attorney. G.Commission Meeting Minutes. 7.Consent Bids and Purchases Staff recommends approval of Proposed Resolution No. R25-265. Staff recommends approval of Proposed Resolution No. R25-266. Staff recommends approval of Proposed Resolution No. R25-267 and Proposed Resolution No. R25-268. Staff recommends approval of Proposed Resolution No. R25-269. Staff recommends approval of Proposed Resolution No. R25-270 and R25-271. Staff recommends approval of Proposed Resolution No. R25-274. Approve minutes from the August 19, 2025, September 2, 2025, and September 8, 2025 City Commission Meetings and First Budget Hearing. 5 A.Proposed Resolution No. R25-272- Approve a Piggyback Agreement between the City and Lhoist America of Alabama LLC for the furnishing, delivery, and discharge of Quicklime for an annual expenditure not to exceed $733,700 for Fiscal Year 2025 and $807,070 for Fiscal Year 2026. B.Proposed Resolution No. R25-273- Approving a Piggyback Agreement with Unifirst Corporation for Uniforms with Related Products and Services in an amount not to exceed $160,000 annually. 8.Public Hearing 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Ordinance No. 25-023- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Part III "Land Development Regulations," Chapter 1 "General Administration," Article II "Definitions"; and amending Chapter 3 "Zoning," Article IV "Use Regulations," Section 3 "Use Regulations"; to allow accessory residential agricultural uses in R-1- AAB on properties larger than .90 acres; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. B.Proposed Ordinance No. 25-019- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 4.61 Acres of Unincorporated Territory Into the Corporate Limits of the City Pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. C.Proposed Ordinance No. 25-024- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for a parcel of real property by changing the future land use classification from Palm Beach County's Commercial High with an underlying MR-5 (CH/5) to City of Boynton Beach's Low Retail Commercial (LRC); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Staff recommends approval of Proposed Resolution No. R25-272. Staff recommends approval of Proposed Resolution No. R25-273. Staff recommends approval of Proposed Ordinance No. 25-023, at second reading. Staff recommends approval of Proposed Ordinance No. 25-019, at second reading. Staff recommends approval of the Proposed Ordinance No. 25-024, at second reading. 6 D.Proposed Ordinance No. 25-025- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Bamboo Lane annexation, amending Ordinance No. 02-013 to rezone a parcel of real property generally located east of North Federal Highway, approximately 570 feet south of the intersection of Old Dixie Highway and North Federal Highway, from Palm Beach County's General Commercial (CG) to City of Boynton Beach's Community Commercial District (C-3); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. E.Proposed Ordinance No. 25-026- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for a parcel of real property by changing the future land use classification from Palm Beach County's Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) to City of Boynton Beach's Low Density Residential (LDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. F.Proposed Ordinance No. 25-027- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Bamboo Lane annexation, amending Ordinance No. 02-013 to rezone a parcel of real property generally located east of North Federal Highway, approximately 570 feet south of the intersection of Old Dixie Highway and North Federal Highway, from Palm Beach County's Multi-Family Residential (RM) to City of Boynton Beach's Two- Family Residential District (R-2); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. G.Proposed Ordinance No. 25-020- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 27.97 Acres of Unincorporated Territory into the Corporate Limits of the City pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. H.Proposed Ordinance No. 25-028- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for an approximately 27.04 acre parcel of real property by changing the future land use classification from Palm Beach County's Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) to City of Boynton Beach's Low Density Residential (LDR); declaring the proposed amendment to the future land use map to Staff recommends approval of Proposed Ordinance No. 25-025 at second reading. Staff recommends approval of Proposed Ordinance No. 25-026, at second reading. Staff recommends approval of Proposed Ordinance No. 25-027, at Second Reading. Staff recommends approval of Proposed Ordinance No. 25-020, at second reading. 7 be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. I.Proposed Ordinance No. 25-029- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Palmyra annexation, amending Ordinance No. 02-013 to rezone an approximately 27.04 acre parcel of real property from Palm Beach County's Planned Unit Development (PUD) to City of Boynton Beach's Planned Unit Development (PUD); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. J.Proposed Ordinance No. 25-030- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for an approximately 0.93 acre parcel of real property by changing the future land use classification from Palm Beach County's Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) to City of Boynton Beach's Low Density Residential (LDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. K.Proposed Ordinance No. 25-031- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Palmyra annexation, amending Ordinance No. 02-013 to rezone an approximately 0.93 acre parcel of real property from Palm Beach County's Agricultural Residential (AR) to City of Boynton Beach's Single Family Residential District (R-1-AAB); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. L.Proposed Ordinance No. 25-022- First Reading, An Ordinance of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 0.36 Acres of Unincorporated Territory Located at 3604 Boynton Beach Boulevard, into the Corporate Limits of the City Pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. M.Proposed Ordinance No. 25-032- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the Future Land Use Map of the City of Boynton Beach, Florida, for an approximately 0.36 acre parcel of real property located at 3604 Boynton Beach Boulevard, by changing the future land use classification from Palm Beach County's Commercial High with an underlying MR-8 (CH/8) to City of Boynton Beach's Local Retail Commercial (LRC); declaring the proposed amendment to the future land use Staff recommends approval of Proposed Ordinance No. 25-028, at second reading. Staff recommends approval of Proposed Ordinance No. 25-029, at Second reading. Staff recommends approval of Proposed Ordinance No. 25-030, at second reading. Staff recommends approval of Proposed Ordinance No. 25-031, at second reading. Staff recommends approval of Proposed Ordinance No. 25-022, at first reading. 8 map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. N.Proposed Ordinance No. 25-033- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Curaleaf Florida LLC annexation, amending ordinance no. 02-013 to rezone approximately 0.36 acres of unincorporated territory located at 3604 Boynton Beach Boulevard, from Palm Beach County's Commercial High Office (CHO) to City of Boynton Beach's Community Commercial District (C-3); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. 9.City Manager’s Report 10.Regular Agenda A.Conduct annual performance evaluation for Daniel Dugger, City Manager. B.Conduct the annual performance evaluation for Shawna Lamb, City Attorney. 11.Future Agenda Items A.Discussion on the process to create a memorial for those impacted by political violence. - October 21, 2025 B.Update on the City's Strategic Planning efforts. - November 4, 2025 C.Joint City and CRA Workshop- Saturday, November 8, 2025. D.Quarterly joint City/CRA coordination meeting - January 13, 2026 E.Discussion regarding creating a beautification board. - TBD F.Discussion regarding Citywide Master Plan to light up the City.- TBD G.Discussion on utility lift station upgrades and odor control - TBD H.Discussion in regards to an additional area that might be available as a future Staff recommends approval of Proposed Ordinance No. 25-032, at first reading. Staff recommends approval of Proposed Ordinance No. 25-033, at first reading. Pursuant to the City Manager's appointment agreement, the City Commission will provide the City Manager with a performance evaluation no less than annually. This will be Mr. Dugger's third performance evaluation. Pursuant to the City Attorney's appointment agreement, the City Commission will provide the City Attorney with a performance evaluation no less than annually. This will be Ms. Lamb's third performance evaluation. Requested by Commissioner Turkin. Update requested by Commission Woodrow Hay. The City and CRA will be hosting a workshop to discuss the CRA master plan, commercial/industrial land development, and land acquisition planning. Requested by City Commission and CRA Board. Requested by Commissioner Turkin. Requested by Commissioner Turkin. Requested by Vice Mayor Hay. 9 cemetery.- TBD I.Discussion regarding combining City properties together to create senior affordable housing.- Pending Joint Meeting with the CRA. J.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz K.Discussion regarding the expansion of ShotSpotter south of Boynton Beach Boulevard.- TBD L.Discussion regarding bulk trash pickup. - TBD M.Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. - TBD N.Follow-up report on the State of Florida DOGE request.-TBD O.Discussion regarding having a Legislative Action workshop by the Commission. - TBD 12.Adjournment Requested by Vice Mayor Hay. Requested by Vice Mayor Hay. Requested by Commissioner Cruz. Discussion requested by Commissioner Thomas Turkin. Discussion requested by Commissioner Angela Cruz. Requested by Commissioner Cruz. Staff will provide an update to the City Commission regarding the State of Florida DOGE request. Requested by Commissioner Turkin. Notice If a person decides to appeal to any decision made by the City Commission 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City 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 City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the City to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the City Clerk. 10 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 10/ 7/2025 Meeting Date: 10/ 7/2025 City Event Announcements Requested Action: Fall Festival- October 11, 2025 Pirate Fest- October 25, 2025 and October 26, 2025 Public Engagement Workshop for the City's Comprehensive Plan Update- October 20, 2025 Explanation of Request: City staff will present each of their events. Budgeted Item: Yes Account Line Item and Description: Each item has different account line items. Fiscal Impact: These are budgeted events. Attachments: Fall Festival 2025 Flyer.png Comp Plan Workshop Flyer 10.20.25.pdf 11 12 BOYNTON BEACH 2045BOYNTON BEACH 2045Workshop Join us as we shape the future! This workshop is your opportunity to learn about the Comprehensive Plan Update, share your ideas, and help create a plan that reflects the values of our community. boynton-beach.org/857/Comprehensive-Plan-2045 Visit Our Website Chen Moore & Associates Monday, 20 October 06.00-08.00 PM 100 E. Ocean Ave Boynton Beach 33435 P L A N N I N G T O D A Y . T H R I V I N G T O M O R R O W 13 City of Boynton Beach Agenda Item Request Form 5.A Administrative 10/ 7/2025 Meeting Date: 10/ 7/2025 Request for a waiver of appointment requirements for Advisory Boards. Requested Action: Barbara Ready is seeking a waiver, for the Historic Resources Preservation Board, for a fourth term and living outside of the City limits. Michael Wilson is seeking a waiver, for the Historic Resources Preservation Board, for a fourth term. Kristopher Kenny is a current Alternate Member for the Education and Youth Advisory Board, and wants to be a Regular Member. He is seeking a waiver because he lives outside of the City limits. Michaella Louis is seeking a waiver, for the Education and Youth Advisory Board, because she lives outside of the City limits. Explanation of Request: Barbara Ready is seeking a waiver, for the Historic Resources Preservation Board, for a fourth term and living outside of the City limits. Michael Wilson is seeking a waiver, for the Historic Resources Preservation Board, for a fourth term. Kristopher Kenny is a current Alternate Member for the Education and Youth Advisory Board, and wants to be a Regular Member. He is seeking a waiver because he lives outside of the City limits. Michaella Louis is seeking a waiver, for the Education and Youth Advisory Board, because she lives outside of the City limits. On her application, she states that she has a business within the City, but it is an online business, not a Brick and Mortar, which is why she filled out the waiver form. Part II of the City’s Code of Ordinances, titled “Advisory Boards and Committees,” Chapter 27, Article I “In General,” Section 27-2 outlines the specific requirements for selecting, organizing, and qualifying members of boards and committees, as well as their terms. The City Commission recognizes that strictly adhering to these requirements may sometimes limit the City’s ability to appoint the most qualified and suitable individuals for these roles. Therefore, the City Commission has determined that it would be beneficial to have limited authority to waive certain requirements, including residency, term limits, and specific qualifications. This waiver authority would enable the City Commission to consider exceptional candidates who could offer valuable expertise, experience, and perspective to the City’s boards and committees, even if they do not meet all standard requirements. 14 Account Line Item and Description: NA Fiscal Impact: There's no fiscal impact to the budget for this item. Attachments: Barbara Ready- HRPB- Waiver of Requirements- Seeking 4th term, lives outside of the city Michael Wilson- HRPB Waiver of Requirements- Seeking 4th Term.pdf Kristopher Kenny- E&YAB- Waiver of Requirements- Current Alternate Member- Does not live in the City.pdf Michaella Louis- E&YAB- Waiver of Requirements- Does not live in the City.pdf 15 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5TE4SJ3Z\Advisory Board Waiver.doc City of Boynton Beach: Advisory Board Waiver of Requirements Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this waiver. If instructions are not followed or the waiver is not completed in its entirety, it will be returned for clarification. The City Commission has limited authority to waive certain requirements, including residency requirements, term limits, and certain qualification requirements. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City Clerk’s office in writing: Mailing address: P.O. Box 310, Boynton Beach, FL 33425-0310 FAX: (561) 742-6090 Name____________________________________________________Telephone #________________ Address____________________________________________________________________________ _________________________________________________________________Zip Code___________ Date of Birth: _____________________________Email: __________________ Current occupation or prior occupation: ___________________________________________________ ___________________________________________________________________________________ Education___________________________________________________________________________ ___________________________________________________________________________________ Are you a registered voter? _______Yes ______No Do you reside within the Boynton Beach City limits? _______Yes ______No Do you own/manage a business within the City limits: _______Yes ______No If yes, name of business______________________________________________________________ Have you ever been convicted of a crime? _______Yes ______No If yes, when_________________________________Where__________________________________ Are you currently serving on a City board? _______Yes ______No 16 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5TE4SJ3Z\Advisory Board Waiver.doc Have you served on a City board in the past? _______Yes ______No If so, which board(s) and when? ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Please indicate which advisory board you are seeking appointment. _____ Arts Commission _____ Historic Resources Preservation Board _____ Building Board of Adjustment & Appeals _____ Library Board _____ Community Redevelopment Agency Advisory Board _____ Police Officers’ Retirement Trust Fund _____ Education and Youth Advisory Board _____ Recreation & Parks Board _____ Employees’ Pension Board _____ Senior Advisory Board _____ Firefighters’ Pension Trust Fund Please indicate what requirement you are requesting to be waived by the City Commission. _____ Residency _____ Term Limits – Please provide number of terms already served. _____ _____ Required qualifications If appointed, are you willing to serve as Chair or Vice Chair? _______Yes ______No What personal qualifications do you possess (i.e., professional, previous experience, branch of military service or organization) that you feel would make you a good candidate for this board? Please be specific. ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Please list any professional memberships: _________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ 17 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5TE4SJ3Z\Advisory Board Waiver.doc I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. Signature:___________________________________________________Date:____________________ 18 19 20 21 22 23 24 S:\CC\WP\BOARDS\Applications\Advisory Board Waiver.doc City of Boynton Beach: Advisory Board Waiver of Requirements Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this waiver. If instructions are not followed or the waiver is not completed in its entirety, it will be returned for clarification. The City Commission has limited authority to waive certain requirements, including residency requirements, term limits, and certain qualification requirements. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City Clerk’s office in writing: Mailing address: P.O. Box 310, Boynton Beach, FL 33425-0310 FAX: (561) 742-6090 Name____________________________________________________Telephone #________________ Address____________________________________________________________________________ _________________________________________________________________Zip Code___________ Date of Birth: _____________________________Email: __________________ Current occupation or prior occupation: ___________________________________________________ ___________________________________________________________________________________ Education___________________________________________________________________________ ___________________________________________________________________________________ Are you a registered voter? _______Yes ______No Do you reside within the Boynton Beach City limits? _______Yes ______No Do you own/manage a business within the City limits: _______Yes ______No If yes, name of business______________________________________________________________ Have you ever been convicted of a crime? _______Yes ______No If yes, when_________________________________Where__________________________________ Are you currently serving on a City board? _______Yes ______No 25 S:\CC\WP\BOARDS\Applications\Advisory Board Waiver.doc Have you served on a City board in the past? _______Yes ______No If so, which board(s) and when? ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Please indicate which advisory board you are seeking appointment. _____ Arts Commission _____ Historic Resources Preservation Board _____ Building Board of Adjustment & Appeals _____ Library Board _____ Community Redevelopment Agency Advisory Board _____ Police Officers’ Retirement Trust Fund _____ Education and Youth Advisory Board _____ Recreation & Parks Board _____ Employees’ Pension Board _____ Senior Advisory Board _____ Firefighters’ Pension Trust Fund Please indicate what requirement you are requesting to be waived by the City Commission. _____ Residency _____ Term Limits – Please provide number of terms already served. _____ _____ Required qualifications If appointed, are you willing to serve as Chair or Vice Chair? _______Yes ______No What personal qualifications do you possess (i.e., professional, previous experience, branch of military service or organization) that you feel would make you a good candidate for this board? Please be specific. ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Please list any professional memberships: _________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ 26 S:\CC\WP\BOARDS\Applications\Advisory Board Waiver.doc I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. Signature:___________________________________________________Date:____________________ 27 City of Boynton Beach Agenda Item Request Form 5.B Administrative 10/ 7/2025 Meeting Date: 10/ 7/2025 Advisory Board Appointments (Tabled at the July 15, 2025, August 5, 2025, August 19, 2025, September 2, 2025, and September 18, 2025 Meetings). Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The City Clerk's Office has received applications from City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Advisory Board Appointments, Reappointments and Applicants for October 7, 2025.docx Charlie Holder- Building Board of Adjustments & Appeals Application.pdf Paul Jean- E&YAB Application- Current Alternate Member, seeking to be a Regular Member.pdf Kristopher Kenny- E&YAB Application- Current Alternate Member- Does not live in the City.pdf Myah Sagrans- E&YAB Application.pdf Michaella Louis- E&YAB Application- Does not live in City.pdf Abhi Kanthan- HRPB Application.pdf Barbara Ready- HRPB Application- Does not live in City, Seeking 4th Term.pdf Michael Wilson- HRPB Application- Seeking 4th Term.pdf 28 Advisory Board Vacancies October 7, 2025 Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Hay Regular Vacant III Turkin Regular Vacant IV Kelley Regular Vacant Mayor Shelton Alternate Vacant Applicant: Charlie Holder Education and Youth Advisory Board Regular Member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms Mayor Shelton Regular Vacant I Cruz Regular Vacant Vice Mayor Hay Student Vacant III Turkin Student Vacant IV Kelley Student Vacant Applicants: Paul Jean Current Alternate Member, seeking to be a Regular Member Kristopher Kenny Current Alternate Member, seeking to be a Regular Member, seeking a waiver for living outside of the City limits. Myah Sagrans Michaella Louis Seeking a waiver for living outside of the City limits. Historic Resources Preservation Board – Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Regular Vacant Vice Mayor Hay Regular Vacant III Turkin Regular Vacant IV Kelley Alternate Vacant Mayor Shelton Alternate Vacant Applicants: Abhi Kanthan Barbara Ready Seeking waiver for fourth term and living outside of the City limits. Michael Wilson Seeking waiver for fourth term Library Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant Applicants: None Applications Received: 09/20/25 Taylor Millien E&YAB Does not live in the City- can apply for waiver, applicant notified via email 09/30/25. 09/08/25 Suzanne Ferguson CRAB No vacancies Applicant notified via email 9/8/25 08/07/25 Thiago Coracini CRAB No vacancies, not a registered voter, Applicant notified via email 08/08/25 06/11/25 Mark Karageorge CRAB No vacancies Applicant notified via email 6/16/25 04/06/25 Deborah Tarca CRAB No vacancies Applicant notified via email 4/18/25 29 Advisory Board Vacancies October 7, 2025 30 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * Do you reside within the Boynton Beach City Limits?* 8/27/2025 Charlie Holder 7752248158 charlieholder28@gmail.com 2/28/2003 11211 South Military Trail Apt #1922 Boynton Beach Florida 33436 United States CEO Tree Branch Entertainment BA in Computer Science Yes No Yes No 31 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Yes No Tree Branch Entertainment Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Building Board of Adjustments & Appeals Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , I am currently completing a Bachelor of Arts in Computer Science at Florida Atlantic University, where I have built strong analytical, problem-solving, and technical skills that support decision-making in complex situations. Through my role as Chief Executive Officer of Tree Branch Entertainment, I manage budgets, contracts, and compliance issues, giving me practical experience in organizational oversight and evaluating details with fairness and accountability. I have also led community-focused projects, including environmental advocacy work, which required me to balance regulatory considerations, safety, and the needs of stakeholders. My ability to review information critically, interpret guidelines, and make objective decisions aligns with the responsibilities of the Building Board of Adjustments and Appeals. I believe my background in leadership, technology, and community engagement combined with a strong commitment to public service would make me a valuable addition to the Board. Please list any professional memberships Florida Atlantic University, College of Engineering and Computer Science (Undergraduate Student Member) Alpha Tau Omega- President Interfraternity Council- Vice President of Programming Feel free to attach/upload an extra sheet or resume. CharlieHolder__Resume.pdf 65.4KB 32 Certification * I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 33 Charlie Holder |P: (775-224-8158) |E: charlieholder28@gmail.com| EDUCATION Florida Atlantic University, Bachelor of Arts in Computer Science, (Exp: December 2025) RECENT EXPERIENCE Chief Executive Officer, Tree Branch Entertainment (April 2025-Present) Founded and manage an entertainment and consulting company, overseeing financial strategy, operations, and data analytics services. Data Analyst, Palm Beach Accountable Care Organization (December 2024-August 2025) Developed interactive dashboards in Excel/Power BI for healthcare performance metrics. Automated data cleaning processes with SQL queries and Python scripts. Supported quality improvement projects that reduced reporting time by streamlining data workflows. SKILLS SQL (HackerRank Certified), Python (HackerRank Certified), Excel, PowerBI. LEADERSHIP President, Alpha Tau Omega (August 2023- January 2025; May 2025- Present) Vice President of Programming, Interfraternity Council(January 2025- Present) Special Interest Chairman, Alpha Tau Omega(January 2025- May 2025) Student Leadership Ambassador, FAU Elite Owls (August 2023- May 2024) President and Founder, Mediated Minds (February 2023- January 2025) National Communications Coordinator, Resident Student Association (August 2023- May 2024) President, FAU IVA Community Council(January 2023- May 2023) House of Representatives, FAU Student Government (February 2023- August 2023) Vice President, Students of Peace (August 2022- May 2023) Risk Management Officer, FAU Golf Club (August 2022-January 2023) Rugby, FAU Athletics (August 2022- May 2024) AWARDS FAU Mental Health Advocate of the Year, FAU Student Organization Member of the Year 34 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * Do you reside within the Boynton Beach City Limits?* 9/30/2025 Paul Jean 7542043013 eagle4bro33@gmail.com 10/28/1990 110 Se 4th Ave Boynton Beach FL 33445 United States Business ownee Bachelors Degree FAU 2021 Yes No Yes No 35 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Yes No A Fast Trac Courier Service Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Education and Youth Advisory Board Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , A Former Law enforcement officer of Miami Dade and PBSO, a member of the city of Boynton, 10 years of customer service and relocated my business within city limits. My goal is to make a difference for our Youth and education. Please list any professional memberships None: Feel free to attach/upload an extra sheet or resume. I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 36 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * Do you reside within the Boynton Beach City Limits?* 9/30/2025 Kristopher Kenny 305-962-6040 krisrk15@gmail.com 7/13/1987 4505 NW 3rd Drive Delray Beach Florida 33445 United States Human Resources Manager University of Miami Yes No Yes No 37 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Yes No International College of Health Sciences Yes No Yes No I currently am an alternate member of the Education and Youth Advisory Board Yes No N/A Please indicate which advisory board you are seeking appointment. Education and Youth Advisory Board Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , Currently been serving as an alternative member on the Education and Youth Advisory Board. I also work as the head of Human Resources at a nursing/healthcare college in Boynton Beach called: International College of Health Sciences. Please list any professional memberships 1.) Professional Human Professional through the Human Resources Certification Institute (HRCI) 2.) Certified 401(k) Plan Fiduciary C(k)PF through "The Plan Sponsor University" 3.) American Staffing Association (ASA) - Dual certified as a Certified Staffing Professional (CSP) & Technical Services Certified Feel free to attach/upload an extra sheet or resume. I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 38 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * Do you reside within the Boynton Beach City Limits?* 9/15/2025 Myah Sagrans 5617702330 myahsagrans@yahoo.com 4/16/2001 1625 renaissance commons blvd Apt 212 Boynton beach FL 33426 United States Educator Bachelor's Yes No Yes No 39 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Yes No Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Education and Youth Advisory Board Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , As an educator, I work directly with the students who are impacted by new curriculums, technology programs, and district initiatives. I would be able to provide insight others may not be able to. In addition, I understand the teacher workload, and may find ways to improve retention. Please list any professional memberships N/A Feel free to attach/upload an extra sheet or resume. RESUMEFALL2025.pdf 98.43KB I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 40 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education 9/24/2025 Michaella Louis 407-591-6578 louismichaella@gmail.com 4/8/2002 6691 Old Farm Trail Boynton Beach Florida 33437 United States Financial Aid Counselor, Lynn University Doctor of Education (Ed.D.) in Educational Leadership, Lynn University (in progress, expected 2026) | Master of Arts in Political Science, Florida Atlantic University | Bachelor of General Studies, Concentration in Social Work, Florida Atlantic University | Minor in Leadership Studies | Certificate in Hospitality and Tourism Management. 41 Are you a registered voter * Do you reside within the Boynton Beach City Limits?* Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Yes No Yes No Yes No EmpowerPath Career Services LLC Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Education and Youth Advisory Board Yes No 42 Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , I bring a combination of professional, academic, and community service experience that aligns closely with the mission of the Education and Youth Advisory Board. Currently, I serve as a Financial Aid Counselor at Lynn University, where I guide students and families through financial aid, scholarships, and resources to ensure access to higher education. This role allows me to work directly with young people as they pursue their educational goals, helping them overcome barriers and plan for their futures. Academically, I hold a Master of Arts in Political Science and a Bachelor’s in General Studies with a concentration in Social Work, along with a Certificate in Hospitality and Tourism Management and a Minor in Leadership Studies. I am currently pursuing my Doctor of Education in Educational Leadership, equipping me with both the theoretical and practical skills to address educational equity and student success. In addition to my professional and academic background, I have extensive leadership and service experience. I am the Founder of EmpowerPath Career Services LLC, which provides affordable career development resources to immigrants, low-income families, and underserved communities. My work as a Financial Literacy Educator and my service roles as a student mentor, health promotion advocate, and leadership ambassador have strengthened my ability to connect with youth and create inclusive spaces for growth. As a Haitian immigrant who came to the U.S. in 2012, I bring a personal understanding of the challenges faced by immigrant and first-generation students. I am fluent in English and Haitian Creole, which allows me to bridge cultural gaps and connect with diverse populations in Boynton Beach. These qualifications, grounded in education, community engagement, and lived experience, prepare me to contribute meaningfully to the board’s efforts to support and empower the city’s youth. Please list any professional memberships Member: Florida Rising. Secretary: Palm Beach County Democratic Haitian Caucus. Officer: Seeds Of Strength Coalition. Feel free to attach/upload an extra sheet or resume. Resume.pdf 130.85KB I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 43 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * 5/30/2025 Abhi Kanthan 5619004815 abhi@kanthandesign.com 10/22/1990 631 Potter Road Boynton Beach FL 33435 United States Architect Accelerated 5-Year Professional Bachelor's Degree (N.A.A.B. Accredited) Yes No 44 Do you reside within the Boynton Beach City Limits?* Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Yes No Yes No Kanthan Design Corporation Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Historic Resources Preservation Board Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , As Chief Executive Officer, Abhi Kanthan is the cornerstone of Kanthan Design Corporation (www.kanthandesign.com). He has a reputation as a successful, award-winning, and innovative design professional. Mr. Kanthan has proven his efficient Design Process numerous times and always strives for ambitious development within all his Associates. . Mr. Kanthan also enjoys Entrepreneurship and is a Co-Founder of Kanthan Realty Corporation (www.kanthanrealty.com), a Real Estate Brokerage that caters to Ultra-HNW, HNW clients and Large-Scale Capital Investments. The Company is known for its ability to maintain Clarity, Transparency, and a high level of Discretion for its discerning Clients as well as the Efficiency of its Transactions. . Mr. Kanthan has been involved in hundreds of complex design projects and transactions in the Architecture, Engineering, and Construction (AEC) industry over the past decade. His dedication and perseverance towards his goals and ideals as an individual have been the same standards that Kanthan Design Corporation & Kanthan Realty Corporation have built themselves on - a stellar combination of success that consistently brings Value and Growth to both Industries. 45 Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Please list any professional memberships Professional Credentials: Registered Architect | Florida, AR98097 Registered Architect | New York, 044101 Registered Architect | Pennsylvania, RA407852 Registered Interior Designer | Florida, ID6685 AIA | Inducted on March 21, 2017 NCARB | Inducted on July 16, 2016 Tau Sigma Delta | Inducted in 2013 . Education: Bachelor of Architecture, Florida Atlantic University, Major in Architecture Feel free to attach/upload an extra sheet or resume. _RESUME_Abhi Kanthan.pdf 54.3KB I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 46 Contact 561-900-4815 (Mobile) abhi@kanthandesign.com www.linkedin.com/in/abhi-k- b1807759 (LinkedIn) shoutoutmiami.com/meet-abhi- kanthan-aia-ncarb-licensed- architect-interior-designer/ (Personal) www.kanthandesign.com (Company) www.kanthanrealty.com (Company) Top Skills Architectural Drawings Space planning Construction Drawings Languages English (Native or Bilingual) French (Limited Working) Spanish (Limited Working) Certifications Minority Business Certification Registered Architect | State of New York NCARB Certificate American Institute of Architects Registered Architect | State of Florida Honors-Awards Transportation Summit Honoree Tau Sigma Delta Best of Houzz 2017-2023 - Customer Service NCARB Continuing Education Evaluation Workgroup Publications Introduction to Blueprints Urban Context and Civic Identity Abhi Kanthan, AIA, NCARB Chief Executive Officer at Kanthan Design Corporation Boynton Beach, Florida, United States Summary As Chief Executive Officer, Abhi Kanthan is the cornerstone of Kanthan Design Corporation (www.kanthandesign.com). He has a reputation as a successful award-winning and innovative design professional. Mr. Kanthan has proven his efficient Design Process numerous times and always strives for ambitious development within all his Associates. Mr. Kanthan also enjoys Entrepreneurship and is Co-Founder of Kanthan Realty Corporation (www.kanthanrealty.com), a Real Estate Brokerage that caters to HNW clients and Large-Scale Capital Investments. The Company is known for its ability to maintain Clarity, Transparency and a high level of Discretion for its discerning Clients as well as the Efficiency of its Transactions. Mr. Kanthan has been personally involved in many hundreds of complex design projects and transactions in the Architecture, Engineering and Construction (AEC) industry over the past decade. His dedication and perseverance towards his goals and ideals as an individual have been the same standards that Kanthan Design Corporation & Kanthan Realty Corporation has built itself on - a stellar combination of success that consistently brings Value and Growth to both Industries. Professional Credentials: Registered Architect | Florida, AR98097 Registered Architect | New York, 044101 Registered Architect | Pennsylvania, RA407852 Registered Interior Designer | Florida, ID6685 AIA | Inducted on March 21, 2017 NCARB | Inducted on July 16, 2016 Tau Sigma Delta | Inducted in 2013 Education: Bachelor of Architecture, Florida Atlantic University, Major in Architecture Page 1 of 2 47 Architect as Manager Meet Abhi Kanthan, AIA, NCARB Experience Kanthan Design Corporation Chief Executive Officer June 2012 - Present (11 years 6 months) Boynton Beach, FL Kanthan Design Corporation is one of the most sought-after boutique Architecture, Planning, and Interior Design firms headquartered in Florida. Structured as a vast collaborative of prolific and accomplished professionals, its Mission is to create vibrant, sustainable design interventions that bring durable and profitable value to its clients and the society and culture they are built in. By keeping all services under the Kanthan Design Corporation umbrella, the Firm can consistently provide its discerning clientele with competitive pricing, discretion, and transparency without sacrificing quality and efficiency. Kanthan Realty Corporation Co-Founder May 2017 - Present (6 years 7 months) Boynton Beach, FL Education Florida Atlantic University Bachelor's Degree, Architecture · (2009 - 2014) International Baccalaureate IB Diploma · (2005 - 2009) Page 2 of 2 48 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * Do you reside within the Boynton Beach City Limits?* 8/11/2025 BARBARA READY 5613135185 fiveready@AOL.COM 3/4/1953 34001 BAEZ BAY BOYNTON BEACH FL 33436 United States BANKING AA Yes No Yes No 49 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Yes No Yes No Yes No EDUCATION ADVISORY BOARD 2 YEARS ART IN PUBLIC PLACES 2005-2012 (CHAIR '06-'12) HISTORIC RESOURCES PRESERVATION BOARD 2011- NOW (CHAIR '13-NOW) Yes No Please indicate which advisory board you are seeking appointment. Historic Resources Preservation Board Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , AFTER 40 YEARS OF VOLUNTEERING IN BOYNTON BEACH, I AM PROFICIENT IN VOLUNTEER MANAGEMENT, PROJECT MANAGEMENT, EVENT PLANNING AND MANAGEMENT, STRATEGIC COMMUNICATION, ORGANIZATIONAL SKILLS AND COMMUNITY OUTREACH. I'VE DONE 10 YEARS AS A PTA PRESIDENT AT FOREST PARK AND CONGRESS MIDDLE; SCHOOL IMPROVEMENT BOARDS AT FOREST PARK, CONGRESS, ATLANTIC HS, AND BB HS. I CONVINCED THE 2009 BB CITY COMMISSION TO LET ME CREATE AN AD HOC COMMITTEE WHICH WROTE THE CITY'S HISTORIC PRESERVATION ORDINANCE, DESIGNED THE QUASI-JUDICIAL HP PROGRAM, AND CONVINCED THE COMM TO HIRE A FULLTIME HP PLANNER. Please list any professional memberships I SAT ON THE EAST BB LITTLE LEAGUE BOARD FOR 10 YEARS. I COACHED MY DAUGHTER'S SOFTBALL TEAM FOR 7 YEARS. RAN THE CONCESSION STAND FOR 6 YEARS. EBBLL HONORED ME WITH A "LIFETIME BOARD MEMBERSHIP" WHEN I LEFT. BOYNTON BEACH HISTORICAL SOCIETY HONORED ME WITH AN ACHIEVEMENT AWARD AFTER I SUCCESSFULLY LED THE FIGHT TO SAVE THE 1927 BOYNTON HIGH SCHOOL, WHICH IS NOW A BEAUTIFUL AND VALUABLE ASSET AS THE CULTURAL CENTER FOR THE CITY. i CURRENTLY SIT ON THE BB HISTORICAL SOCIETY BOARD AS ITS PRESIDENT. Feel free to attach/upload an extra sheet or resume. 50 Certification * I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 51 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * Do you reside within the Boynton Beach City Limits?* 8/14/2025 Michael Wilson 5612601296 projects@landtoseaphotography.com 2/26/1963 1224 Isle Ct Boynton Beach Fl 33426 United States Owner photography and drone media company Associate degree Yes No Yes No 52 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Yes No Land to Sea Photography Yes No Yes No Historic Resources Preservation Board - current Yes No Please indicate which advisory board you are seeking appointment. Historic Resources Preservation Board Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , I have lived in Boynton Beach most of my life and have researched the city’s history extensively; some of which has been provided in the past to the Boynton Beach Historical Society, the Historic Boynton Beach group, as well as the Boynton Beach City Library Archives.. Since moving here as a child I have had a passion for the City’s rich history and would like to continue that through continuing to serve on the HRP Board. Thank you for your consideration. Please list any professional memberships Member Historical Society of the Palm Beaches Member Boynton Beach Historical Society Feel free to attach/upload an extra sheet or resume. I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 53 City of Boynton Beach Agenda Item Request Form 5.C Administrative 10/ 7/2025 Meeting Date: 10/ 7/2025 Community Support Funds. Requested Action: Approve Community Support Fund requests from Commissioner Cruz. How will this affect city programs or services? NA Budgeted Item: Yes Account Line Item and Description: Community Support Funds-001-1110-511-83-01. Fiscal Impact: This is a budgeted line item. Attachments: Alzhiemer's Association.doc Interactive Community Alliance (ICA).doc 54 R15-055 R22-140 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6C2C96B0\@BCL@6C2C96B0.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 10/07/2025 Requested by Mayor/Commissioner: Angela Cruz Amount Requested: $500 _ __________________ Recipient/Payee: Alzheimer’s Association_______ Description of project, program, or activity to be funded: The Alzheimer's Association leads the way to end Alzheimer's and all other dementia - by accelerating global research, driving risk reduction and early detection, and maximizing quality care and support. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $6,000. Accordingly:  There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation  Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit  The recipient/payee provides services within the City  The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 55 R15-055 R22-140 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C140ED7\@BCL@5C140ED7.doc EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 10/07/2025 Requested by Mayor/Commissioner: Commissioner Angela Cruz Amount Requested: $500 Recipient/Payee: Interactive Community Alliance Description of project, program, or activity to be funded: The Interactive Community Alliance (ICA) will utilize the donated funds to aid in the facilitation of their program operations. Program operations are tailored to the needs of Palm Beach County’s most vulnerable population’s needs (education, health, community safety, etc.) ICA serves residents of the City of Boynton Beach. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ 6,000. The balance of funds available for the requesting Member of the Commission is $ 5,500. Accordingly:  There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation  Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit  The recipient/payee provides services within the City  The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 56 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Resolution No. R25-265- Ratifying the Public Emergency Medical Transportation Letter of Agreement with the Agency for Health Care Administration for the General Appropriations Act of State Fiscal Year 2024-2025 in the amount of $344,510.59, and ratifying the Letter of Agreement Amendment extending the Agreement through September 30, 2026. Requested Action: Staff recommends approval of Proposed Resolution No. R25-265. Explanation of Request: This agreement allows the Fire Rescue Department to participate in this program, enabling the City of Boynton Beach to receive additional funding for qualifying medical transports. This funding is specific for patients with Medicaid Managed Care Plans that are transported by the Fire Rescue Department. The department has participated in the program for the past nine years. How will this affect city programs or services? By entering into this agreement, the City will receive additional revenue. Account Line Item and Description: N/A Fiscal Impact: Non-budgeted. Participation in this program will allow the City to receive additional funding. Attachments: R25-265 Agenda_Item_3696- 2025_Resolution_for_PEMT_Letter_of_Agmt___Amd_Ratification.docx Exhibit A to Resolution - Public Emergency Medical Letter of Agmt 2024 fully executed.pdf Exhibit B to Resolution - Letter of Agmt Amendment - city signed.pdf 57 RESOLUTION NO. R25-265 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, RATIFYING THE PUBLIC EMERGENCY MEDICAL 2 TRANSPORTATION LETTER OF AGREEMENT WITH THE AGENCY FOR 3 HEALTH CARE ADMINISTRATION FOR THE GENERAL 4 APPROPRIATIONS ACT OF STATE FISCAL YEAR 2024-2025 IN THE 5 AMOUNT OF $344,510.59, AND RATIFYING THE LETTER OF 6 AGREEMENT AMENDMENT EXTENDING THE AGREEMENT THROUGH 7 SEPTEMBER 30, 2026; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, House Bill 5001, the General Appropriations Act of State Fiscal Year 2024-2025, 10 passed by the 2024 Florida Legislature, the City and Agency for Health Care Administration 11 (“Agency”) agreed that the City would remit City funds to the Agency in the amount not to exceed 12 the total of $344,510.59 to be used for the Public Emergency Medical Transportation program; 13 and 14 WHEREAS, the City and Agency entered into a Letter of Agreement dated September 25, 15 2024; and 16 WHEREAS, the parties entered into an Amendment to extend the Agreement through 17 September 30, 2026; and 18 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 19 best interests of the City's citizens and residents to ratify the Public Emergency Medical 20 Transportation Letter of Agreement with the Agency for Health Care Administration for the 21 General Appropriations Act of State Fiscal Year 2024-2025 in the amount of $344,510.59, and ratify 22 the Letter of Agreement Amendment extending the Agreement through September 30, 2026. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 25 BEACH, FLORIDA, THAT: 26 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. 28 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 29 ratify the Public Emergency Medical Transportation Letter of Agreement with the Agency for 30 Health Care Administration for the General Appropriations Act of State Fiscal Year 2024-2025 in 31 the amount of $344,510.59 (the “Agreement”), in form and substance similar to that attached as 32 58 RESOLUTION NO. R25-265 Exhibit A. 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 34 ratify the Letter of Agreement Amendment extending the Agreement through September 30, 2026 35 (the “Amendment”), in form and substance similar to that attached as Exhibit B. 36 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby ratifies 37 the Chief’s execution of the Agreement and the Mayor’s execution of the Amendment. The Mayor 38 is further authorized to execute any ancillary documents required under the Agreement or 39 necessary to accomplish the purposes of the Agreement, including any term extensions as 40 provided in the Agreement, provided such documents do not modify the financial terms or 41 material terms. 42 SECTION 5. This Resolution shall take effect in accordance with the law. 43 [SIGNATURES ON THE FOLLOWING PAGE] 44 45 59 RESOLUTION NO. R25-265 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 Mayor – Rebecca Shelton _____ _____ 49 50 Vice Mayor – Woodrow L. Hay _____ _____ 51 52 Commissioner – Angela Cruz _____ _____ 53 54 Commissioner – Thomas Turkin _____ _____ 55 56 Commissioner – Aimee Kelley _____ _____ 57 58 VOTE ______ 59 ATTEST: 60 61 _____________________________ ______________________________ 62 Maylee De Jesús, MPA, MMC Rebecca Shelton 63 City Clerk Mayor 64 65 APPROVED AS TO FORM: 66 (Corporate Seal) 67 68 _______________________________ 69 Shawna G. Lamb 70 City Attorney 71 60 61 62 63 64 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Resolution No. R25-266- Approving an Affiliation Agreement between the City and FamilySearch International for library cardholders to use their FamilySearch genealogical database. Requested Action: Staff recommends approval of Proposed Resolution No. R25-266. Explanation of Request: FamilySearch is a free genealogy website and nonprofit that provides access to billions of historical records, tools to build a global family tree, and resources to help people discover and preserve their family history. How will this affect city programs or services? This will enhance the Boynton Beach City Library's digital library services available to library cardholders. Account Line Item and Description: NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: R25-266 Agenda_Item_3730-2025_Resolution_for_FamilySearch.docx Exhibit A to Resolution - FamilySearch Affiliate Library Agreement.pdf 65 RESOLUTION NO. R25-266 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AN AFFILIATION AGREEMENT 2 BETWEEN THE CITY AND FAMILYSEARCH INTERNATIONAL FOR 3 LIBRARY CARDHOLDERS TO USE THEIR FAMILYSEARCH 4 GENEALOGICAL DATABASE; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, FamilySearch’s mission is to make the world’s genealogically relevant data 7 freely and widely available. FamilySearch operates an extensive library system, including the 8 website FamilySearch.org, and contracts with other institutions to further its reach. FamilySearch 9 owns or holds rights to distribute to patrons of its affiliated libraries, digital records of 10 genealogical significance. FamilySearch is willing to make available to the Library, and the Library 11 wishes to obtain access from FamilySearch to select digital records available to affiliate libraries; 12 and 13 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 14 best interests of the City's citizens and residents to approve an Affiliation Agreement between the 15 City and FamilySearch International for library cardholders to use their FamilySearch genealogical 16 database. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 19 BEACH, FLORIDA, THAT: 20 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption. 22 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 23 approve an Affiliation Agreement between the City and FamilySearch International for library 24 cardholders to use their FamilySearch genealogical database (the “Agreement”), in form and 25 substance similar to that attached as Exhibit A. 26 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 27 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 28 ancillary documents required under the Agreement or necessary to accomplish the purposes of 29 the Agreement, including any term extensions as provided in the Agreement, provided such 30 documents do not modify the financial terms or material terms. 31 66 RESOLUTION NO. R25-266 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 32 of the City. A copy of the fully executed Agreement shall be provided to Tiffany Pagan to forward 33 to FamilySearch. 34 SECTION 5. This Resolution shall take effect in accordance with the law. 35 36 37 [SIGNATURES ON THE FOLLOWING PAGE] 38 39 67 RESOLUTION NO. R25-266 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 Mayor – Rebecca Shelton _____ _____ 43 44 Vice Mayor – Woodrow L. Hay _____ _____ 45 46 Commissioner – Angela Cruz _____ _____ 47 48 Commissioner – Thomas Turkin _____ _____ 49 50 Commissioner – Aimee Kelley _____ _____ 51 52 VOTE ______ 53 ATTEST: 54 55 _____________________________ ______________________________ 56 Maylee De Jesús, MPA, MMC Rebecca Shelton 57 City Clerk Mayor 58 59 APPROVED AS TO FORM: 60 (Corporate Seal) 61 62 _______________________________ 63 Shawna G. Lamb 64 City Attorney 65 68 FamilySearch Affiliate Library Agreement (2017) 4819-7348-2066 USA/Canada version AFFILIATE LIBRARY AGREEMENT (USA/Canada) This AFFILIATE LIBRARY AGREEMENT (“Agreement”), dated August _____, 2025, is between FamilySearch International, a Utah non- profit corporation (“FamilySearch”), and The City of Boynton Beach, Florida (“Library”). BACKGROUND A. As a nonprofit, FamilySearch’s mission is to make the world’s genealogically relevant data freely and widely available. In pursuit of that mission, FamilySearch operates an extensive library system (including the website FamilySearch.org) and contracts with other institutions to further its reach. FamilySearch owns or holds rights to distribute to patrons of its affiliated libraries, digital records of genealogical significance. B. Library is a library or archive that is independent of FamilySearch and provides public access to its collection in a facility located at 100 E. Ocean Ave., Boynton Beach, FL 33435 (the “Facility). C. FamilySearch is willing to make available to Library, and Library wishes to obtain from FamilySearch, access to select digital records available to affiliate libraries (“Affiliate Library Records”); and to that end Library desires to become an authorized “FamilySearch Affiliate Library.” In consideration of mutual promises and covenants set forth herein, the parties agree as follows: AGREEMENT 1. Obligations of Library. As a FamilySearch Affiliate Library, Library will do all of the following: • Remain open to the public, consistent with applicable laws against discrimination for places of public accommodation, during normal business hours. • Designate a static public IP address (or range of addresses) or proxy static IP address (collectively, the “Static IP Address”) for each building of the Library’s Facility. Notify FamilySearch of the Static IP Address via email at affiliatelibraries@familysearch.org. For clarity, unless FamilySearch agrees in its sole discretion in writing, each building of the Facility must be assigned its own separate Static IP Address. • Provide a sufficient number of stations (each a “Station”) with computers that have Internet access via the Static IP Address, together with other furniture and equipment as needed, to enable reasonable access by patrons to Affiliate Library Records. Provide an internet connection with a bandwidth of at least 10 Mbps, unless FamilySearch otherwise agrees. • Allow access to the Affiliate Library Records only through the Static IP Address and only by Library patrons who are physically present at the Facility, regardless of whether the patron accesses the Affiliate Library Records through a Library- owned computer at a Station or through the patron’s personal device, and by no other means. For clarity, the Library may not allow access by anyone not physically present at the Facility. • Prominently display the FamilySearch’s Mark (as defined below) on the welcome or login screen (or comparable menu of services) of Library-provided computers at Stations. Enable patrons using Library-provided computers to access FamilySearch.org by clicking on the Mark. • Comply, and take commercially reasonable measure to ensure that Library’s patrons comply, with all applicable laws (including copyright and data privacy laws) and with the Rights of Use agreement governing FamilySearch.org, located at https://www.familysearch.org/terms. If requested by FamilySearch, display signage provided by FamilySearch to remind patrons of their obligations under the FamilySearch Rights and Use agreement, including that Affiliate Library Records are subject to laws and contractual obligations that may restrict their use. • Allow the use of Affiliate Library Records solely for non-commercial personal use. For clarity, Library may not publish the Affiliate Library Records (or any copy thereof) in any format, whether online in publicly or privately accessible websites, or otherwise. Nor may Library reproduce, modify, splice, divide, index, manipulate or harvest Affiliate Library Records in 69 FamilySearch Affiliate Library Agreement (2017) 4819-7348-2066 USA/Canada version 2 any medium at any time without the prior written permission of FamilySearch. Library may not (and may not to allow others) to remove or alter any copyright notices, watermarks, restrictions, or other notices that are included with any portion of the Affiliate Library Records. • Promptly notify FamilySearch upon becoming aware of any misuse, loss or damage of or to Affiliate Library Records. • Charge no fees of any kind to Library patrons for use of a Station or access to the Affiliate Library Records. 2. Obligations of FamilySearch. FamilySearch will designate Library as a FamilySearch Affiliate Library and provide access to Affiliate Library Records via the Static IP Address during the term of this Agreement, provided that Library, in FamilySearch’s discretion, complies with all of Library’s obligations outlined above. FamilySearch provides access to the Affiliate Library Records subject to the following understandings: 2.1. Changes in Affiliate Library Records. Library agrees and acknowledges that FamilySearch may add or remove records or data or make any other changes to the Affiliate Library Records at any time, for any or no reason and without notice at FamilySearch’s sole discretion. 2.2. Title to Affiliate Library Records. As between FamilySearch and Library, title to the Affiliate Library Records will at all times remain in FamilySearch. FamilySearch conveys no rights of any kind to Library or any patron, except the limited right of access as expressly provided in this Agreement. 2.3. ALL FAMILYSEARCH SERVICES ARE PROVIDED “AS IS”. NEITHER FAMILYSEARCH NOR ITS AFFILIATES MAKES ANY WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FAMILYSEARCH MAKES NO WARRANTY THAT ITS SERVICES WILL MEET LIBRARY REQUIREMENTS, SPECIFICATIONS, EXPECTATIONS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, THAT THE SERVICES WILL OPERATE IN COMBINATION WITH LIBRARY HARDWARE, SOFTWARE OR SYSTEMS. LIBRARY ACKNOWLEDGES THAT FAMILYSEARCH DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. 3. FamilySearch’s Mark. FamilySearch grants to Library a limited, non-exclusive, non-transferable license during the Term to use FamilySearch’s logo (the “Mark”) solely for the limited purposes: (a) to enable Library to display the FamilySearch Mark on a welcome or login screen that patrons view before accessing the Affiliate Library Records, and (b) for publicity approved in advance by FamilySearch, as provided below in Section 4. From time to time, FamilySearch will provide Library with an electronic high resolution image of the Mark. Prior to any use of the Mark, Library will submit to FamilySearch a proof of each intended use of the Mark for FamilySearch’s review and approval. FamilySearch must pre-approve any and all such uses. Once approved, Library may use the Mark only in the form and manner approved by FamilySearch. Library may not modify or alter the Mark in any way, including size, proportions, colors, elements, type or in any other respect, without the prior written approval of FamilySearch. 4. Publicity. Neither party may use the other party’s name, likeness, trademark, service mark, logo, nor other identifying information in connection with any publicity, except as approved in advance by the other party. In no event may Library or its agents state or imply any approval, sponsorship or endorsement by FamilySearch, its sponsor or any affiliated entities. 5. Independent Contractor. Nothing in this Agreement or any other agreement or understanding with any party will be construed as making Library and FamilySearch partners, agents, joint ventures, or alter egos of each other or any other entity. Library will not obligate FamilySearch for any debts or liabilities. Library will not represent that Library has authority to legally bind FamilySearch. Library will at all times remain an independent contractor. Library acknowledges and agrees that Library and Library’s agents are not employees of FamilySearch now or in the future. Library is solely responsible for Library’s taxes and all applicable workers’ compensation, disability and unemployment insurance contributions related to Library’s performance of obligations under this Agreement. Library’s agents are not entitled to statutory benefits of workers’ compensation or unemployment charged to FamilySearch or fringe benefits of any kind. 6. Term and Termination. The term of this Agreement is one year, and will automatically renew in successive one-year increments unless either party provides 30 days written notice to the other party. Either party may terminate the Agreement at any time, for any reason or no reason, and without penalty, liability or obligation of any kind, upon 30 days prior written notice, and may terminate the Agreement immediately upon written notice to the other party of material breach; provided, however, that termination for breach shall be subject to a 20-day cure period from the date of notice of breach. Notwithstanding anything to the contrary, Library agrees and acknowledges that FamilySearch may suspend or terminate Library’s access to the Affiliate 70 FamilySearch Affiliate Library Agreement (2017) 4819-7348-2066 USA/Canada version 3 Library Records immediately and without notice if FamilySearch determines its sole discretion that Library or its patrons are misusing the Affiliate Library Records in violation of this Agreement. 7. Notice. Any official notice given under the terms of the Agreement must be in writing and sent via email, U.S. mail, or commercial courier service in a manner calculated to reach the other party, at the following addresses: If to FamilySearch: Director, Family History Library 15 East North Temple Salt Lake City, Utah 84150 E-mail: affiliatelibraries@familysearch.org With a copy to: Office of General Counsel 50 East North Temple Salt Lake City, Utah 84150 If to Library: Jeannie Taylor, Library Director Boynton Beach City Library 100 E. Ocean Ave. Boynton Beach FL, 33435 Emal: TaylorJD@bbfl.us Phone: 561-742-6396 With a copy to: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 Facsimile: (561) 742-6090 All notices will be effective upon receipt. 8. Miscellaneous. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes and integrates all prior discussions, agreements, and understandings pertaining thereto. No modification of this Agreement will be effective unless in writing and signed by both parties. Any failure by either party to exercise any of its rights hereunder will not be deemed a waiver of any rights or remedies that such party may have and will not be deemed a waiver of any subsequent breach or default. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement; provided, however, that in the event that the invalidity or unenforceability of any provision of this Agreement has a material adverse effect on any of the rights or obligations of the parties, the parties will negotiate in good faith to modify the Agreement to effect, as closely as possible, the original intent of the parties. This Agreement will be binding upon and inure to the benefit of the parties, their successors, assigns, and legal representatives, and will be governed by and construed in accordance with the laws of the State of Utah, United States of America, excluding conflict-of-law principles. If any dispute arises out of or relates to this Agreement, or either party believes the other party has breached this Agreement, the parties will use their commercially reasonable efforts to settle this dispute through correspondence, mutual consultation and other mediating efforts. If the parties are not able to resolve their dispute, the exclusive venue will be the state or federal courts in the State of Utah. The Parties consent to such jurisdiction and venue. Library may not assign any of its rights under this Agreement to any third-party without the prior written consent of FamilySearch, which FamilySearch may give or withhold in its sole discretion. Any attempt by Library to assign this Agreement in violation of this provision shall be null and void. This Agreement is neither intended nor shall it be construed in any way to create any third-party beneficiary rights in any person that is not a named Party to this Agreement. 9. Signatures. This Agreement may be executed by electronic signature and in counterparts, all of which shall be considered original and a single document for all purposes. Each person signing this Agreement on behalf of the respective parties personally warrants their authority to so sign and to bind the parties. Each of the parties has executed this Agreement by its authorized representative below: 71 FamilySearch Affiliate Library Agreement (2017) 4819-7348-2066 USA/Canada version 4 FAMILYSEARCH INTERNATIONAL: By: Name: Title: LIBRARY By: Name: Rebecca Shelton Title: Mayor Tax ID number or GST: Approved as to Form: _____________________________________ Shawna G. Lamb, City Attorney Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name Lynn C. Turner Director, FamilySearch Library 72 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Resolution No. R25-267- Approve an Affiliation Agreement with the American Healthcare Institute, also known as AmHealth, for the Emergency Medical Technician and Paramedic Student Ride Time Program with Boynton Beach Fire Rescue. Proposed Resolution No. R25-268- Authorize the Mayor or City Manager to execute Affiliation Agreements, Participation Agreements, Volunteer Agreements, Internship Agreements, Work Experience Agreements, and other similar agreements between the City and various public and private entities for internships and volunteer opportunities at the City where no fiscal impact applies, on an as-needed basis, subject to approval as to legal sufficiency by the City Attorney's Office. Requested Action: Staff recommends approval of Proposed Resolution No. R25-267 and Proposed Resolution No. R25-268. Explanation of Request: This agreement would allow AmHealth EMT and Paramedic students to complete their required clinical ride times with Boynton Beach Fire Rescue. These ride-alongs are a vital part of the students’ educational journey, offering them hands-on, real-world experience in the field. Under the supervision of our experienced personnel, students gain practical skills and, as they progress through their curriculum and receive sign-offs from their respective schools, students are permitted to assist lead paramedics in providing patient care. Boynton Beach Fire R es cu e has a long-standing history of supporting student education, having partnered with Palm Beach State College (PBSC) for over 20 years. Extending this opportunity to AmHealth students will continue to support our mission of excellence in emergency medical services while fostering the growth of future EMS providers. Additionally, the second resolution would authorize the Mayor or City Manager to execute these types of routine agreements, which facilitate internship, work shadowing, and volunteer opportunities with the City on an as-needed basis. How will this affect city programs or services? This partnership will help shape the next generation of EMS professionals and provide additional support to operational services. Account Line Item and Description: N/A Fiscal Impact: There's no fiscal impact to the budget for this item. Attachments: 73 R25-267 Agenda_Item_3733-2025_Resolution_for_American_Healthcare_Institute.docx Exhibit A to Resolution - AmHealth & BBFD Affiliation Agreement .pdf R25-268 Agenda_Item_3733-2025_Resolution_for_Affiliations_etc.docx 74 RESOLUTION NO. R25-267 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AN AFFILIATION AGREEMENT WITH 2 THE AMERICAN HEALTHCARE INSTITUTE, ALSO KNOWN AS 3 AMHEALTH, FOR THE EMERGENCY MEDICAL TECHNICIAN AND 4 PARAMEDIC STUDENT RIDE TIME PROGRAM WITH BOYNTON BEACH 5 FIRE RESCUE; AND FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, the City desires to allow the American Healthcare Institute, also known as 9 AmHealth, EMT and Paramedic students to complete their required clinical ride times with 10 Boynton Beach Fire Rescue. These ride-alongs are a vital part of the students’ educational journey, 11 offering them hands-on, real-world experience in the field. Under the supervision of our 12 experienced personnel, students gain practical skills and, as they progress through their 13 curriculum and receive sign-offs from their respective schools, students are permitted to assist 14 lead paramedics in providing patient care. Boynton Beach Fire Rescue has a long-standing history 15 of supporting student education, having partnered with Palm Beach State College (PBSC) for over 16 20 years. Extending this opportunity to AmHealth students will continue to support our mission 17 of excellence in emergency medical services while fostering the growth of future EMS providers; 18 and 19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the City's citizens and residents to approve an Affiliation Agreement with the 21 American Healthcare Institute, also known as AmHealth, for the Emergency Medical Technician 22 and Paramedic Student Ride Time Program with Boynton Beach Fire Rescue. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 25 BEACH, FLORIDA, THAT: 26 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. 28 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 29 approve an Affiliation Agreement with the American Healthcare Institute, also known as 30 AmHealth, for the Emergency Medical Technician and Paramedic Student Ride Time Program with 31 75 RESOLUTION NO. R25-267 Boynton Beach Fire Rescue (the “Agreement”), in form and substance similar to that attached as 32 Exhibit A. 33 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 34 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 35 ancillary documents required under the Agreement or necessary to accomplish the purposes of 36 the Agreement, including any term extensions as provided in the Agreement, provided such 37 documents do not modify the financial terms or material terms. 38 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 39 of the City. A copy of the fully executed Agreement shall be provided to Kori Grant to forward to 40 AmHealth. 41 SECTION 5. This Resolution shall take effect in accordance with the law. 42 [SIGNATURES ON THE FOLLOWING PAGE] 43 44 76 RESOLUTION NO. R25-267 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 Mayor – Rebecca Shelton _____ _____ 48 49 Vice Mayor – Woodrow L. Hay _____ _____ 50 51 Commissioner – Angela Cruz _____ _____ 52 53 Commissioner – Thomas Turkin _____ _____ 54 55 Commissioner – Aimee Kelley _____ _____ 56 57 VOTE ______ 58 ATTEST: 59 60 _____________________________ ______________________________ 61 Maylee De Jesús, MPA, MMC Rebecca Shelton 62 City Clerk Mayor 63 64 APPROVED AS TO FORM: 65 (Corporate Seal) 66 67 _______________________________ 68 Shawna G. Lamb 69 City Attorney 70 77 Page 1 of 4AmHealth Affiliation Agreement – November 15, 2023DM2023 AFFILIATION AGREEMENT This Agreement made and entered into on this date of _____________________ between __________________________, referred to as “Ride/Clinical Facility,” and American Healthcare Institute (aka AmHealth) at 5205 Greenwood Ave, Suite 280, West Palm Beach, Florida 33407 a public corporation under the laws of the State of Florida, hereinafter referred to as “Institute”. Whereas the parties hereto desire to enter into a contractual arrangement providing education and training of students in the Institute’s programs. NOW THEREFORE, It Is Agreed Between the Parties as Follows: 1.The Institute has undertaken to educate and train students in all programs. 2.The programs shall be under the auspice of the Institute, as defined in Florida State Statutes Chapter 401, Administrative Code 64E-2.036 and464.019 (1)(g)(h), 464.019 (1)(f)(g), 464.019 and 120.60, Training Program. 3.This agreement shall continue for three (3) years and may be renewed annually by the mutual consent of both parties. This agreement may be terminated by either party with or without cause upon thirty (30) days prior written notice, but such termination shall not be effective as to the then enrolled students who shall have an opportunity to complete their semester/program. The Institute Further Agrees To: 1.The Institute hereby represents that it has complied and shall continue to comply with all applicable Federal and State statutes and local ordinances. Further, the Institute shall be solely responsible for obtaining and complying with all necessary permits, approvals and authorizations required for the training programs, which are the subject of this Agreement from any federal, state, regional, county, or city agency. 2. Ensure that students in the program are subject to and comply with the rules and regulations of the Institute and receive the training and certification required by Statutes Chapter 401, Administrative Code 64E-2.036 and 464.019 (1)(g)(h), 464.019 (1)(f)(g), 464.019 and 120.60, Training 08/25/2025 Boynton Beach Fire Rescue 78 Page 2 of 4 AmHealth Affiliation Agreement – November 15, 2023DM2023 Program and Ride/Clinical Facility. 3. Adhere to the policies and procedures established by the Ride/Clinical Facility to include Exposure Control Plan for Blood Borne Pathogens and all related Infectious Control Policies. 4. Consult with the Ride/Clinical Facility designee selecting ride/clinical experiences for the students of the program. However, the Institute acknowledges and hereby agrees that such clinical experiences shall ultimately be decided by the clinical site and as the circumstances may permit. 5. Provide a list of students and the dates for which such students are expected to participate in the ride/clinical experiences to the Ride/Clinical Facility. 6. The Institute shall ensure that each student provides at his or her own expense the following: (a) Uniforms (b) Laundry service (c) Transportation (d) Meals (e) Physical examination (f) Required immunizations (g) Hospital and medical treatment (i) Personal/private accident insurance or evidence of such protection so as to include Professional Liability Insurance coverage of not less than $1,000,000.00 per occurrence and $3,000,000.00 aggregate. Such insurance shall specifically include the Ride/Clinical Facility as an additional insured. 7. No student shall perform any procedure(s) on a patient unless such student has previously demonstrated sufficient competency at such procedure(s) to satisfy any federal, state, regional, county, city and/or educational requirement(s) for the performance of such procedure(s). The Ride/Clinical Facility Further Agrees To: 1.Provide the necessary facilities for ride/clinical experiences for all students. 2.Cooperate in the assignments of the students at the Ride/Clinical Facility with staff of the Institute, however; such assignments shall be in accordance with the Ride/Clinical Facility’s established shifts, available qualified supervisory personnel, and station availability. 3. Provide liaison between the Ride/Clinical Facility administrator and the Institute Program Director/Coordinator. 4. Provide for supervision at all times of students while participating in the ride/clinical setting at the Ride/Clinical Facility. Both Parties Further Agree as Follows: 1.No student shall in connection with this agreement or performance of services hereunder have a right to or claim for any wages, salary, or any other form of compensation, unemployment compensation, civil service or other employee rights, privileges and/or benefits granted by operation of law or otherwise. No student shall be deemed an employee of the Ride/Clinical Facility, for any purpose, during the performance of services hereunder. 79 Page 3 of 4 AmHealth Affiliation Agreement – November 15, 2023 D023 2. Neither party to this Agreement nor their respective officers, agents, representatives, or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. 3. To the extent permitted by law, the Institute, shall indemnify and save harmless and defend the Ride/Clinical Facility, its agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action which may arise from any negligent act or omission of the Institute, its students, agents, servants, or employees in the performance of services under this Contract. Nothing in this provision shall be construed as consent by the Ride/Clinical Facility to be sued. 4. This Agreement and any dispute, disagreement, or issue of construction, declaration or interpretation arising hereunder whether relating to its execution, its validity, the obligations provided herein, performance or breach shall be governed and interpreted according to laws of the State of Florida. If any action, whether in law, equity or otherwise is brought for the interpretation or enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 5. The Ride/Clinical Facility and the Institute, agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties. 6. This agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. 7. In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 80 Page 4 of 4 AmHealth Affiliation Agreement – November 15, 2023 DM2023 AUTHORIZATION OF AGREEMENT WITH FACILITY AND INSTITUTE Facility Administrator (Print Name) Facility Administrator (Signature) Date Robert Bonds (Print Name) Name of Facility: Address: City, State, Zip Code: Name of Contact: Title of Contact: Phone Number of Contact: Email of Contact: American Healthcare Institute 5205 Greenwood Ave Suite280 West Palm Beach, FL 33407 Robert Bonds Chief Executive Officer (412)335-4954 rbonds@compumed.edu Robert Bonds (Signature) Date Robert Bonds, CEO 11/17/2023 Boynton Beach Fire Rescue 2080 High Ridge Rd Boynton Beach, FL 33426 81 RESOLUTION NO. R25-268 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AUTHORIZING THE MAYOR OR CITY MANAGER TO 2 EXECUTE AFFILIATION AGREEMENTS, PARTICIPATION AGREEMENTS, 3 VOLUNTEER AGREEMENTS, INTERNSHIP AGREEMENTS, WORK 4 EXPERIENCE AGREEMENTS, AND OTHER SIMILAR AGREEMENTS, 5 BETWEEN THE CITY AND VARIOUS PUBLIC AND PRIVATE ENTITIES 6 WHERE NO FISCAL IMPACT APPLIES, SUBJECT TO APPROVAL AS TO 7 LEGAL SUFFICIENCY BY THE CITY ATTORNEY’S OFFICE; AND FOR ALL 8 OTHER PURPOSES. 9 10 WHEREAS, the City regularly enters into Affiliation, Participation, Volunteer, Internship, 11 Work Experience Agreements, and other similar agreements with various public and private 12 entities to facilitate cooperative relationships, establish operational frameworks, clarify roles and 13 responsibilities, provide real-world work experience, and advance municipal interests; and 14 WHEREAS, such agreements often involve no direct fiscal impact to the City but serve 15 important administrative, operational, or policy purposes, including but not limited to information 16 sharing, mutual cooperation, resource coordination, and establishing protocols for future 17 collaboration; and 18 WHEREAS, streamlining the approval process for these types of 19 volunteer/internship/work experience agreements with no fiscal impact promotes operational 20 efficiency while maintaining appropriate oversight and transparency in the City's contractual 21 relationships; and 22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 23 best interests of the City's citizens and residents to authorize the Mayor or City Manager to 24 execute Affiliation Agreements, Participation Agreements, Volunteer Agreements, Internship 25 Agreements, and other similar agreements between the City and various public and private 26 entities where no fiscal impact applies, subject to the City Attorney’s Office approval. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29 BEACH, FLORIDA, THAT: 30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption. 32 82 RESOLUTION NO. R25-268 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 33 authorize the Mayor or City Manager to execute Affiliation Agreements, Participation Agreements, 34 Volunteer Agreements, Internship Agreements, and other similar agreements, ancillary 35 documents, and term extensions, between the City and various public and private entities where 36 no fiscal impact applies on an as-needed basis, subject to approval as to legal sufficiency by the 37 City Attorney’s Office. 38 SECTION 3. This Resolution shall take effect in accordance with the law. 39 [SIGNATURES ON THE FOLLOWING PAGE] 40 41 83 RESOLUTION NO. R25-268 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 Mayor – Rebecca Shelton _____ _____ 45 46 Vice Mayor – Woodrow L. Hay _____ _____ 47 48 Commissioner – Angela Cruz _____ _____ 49 50 Commissioner – Thomas Turkin _____ _____ 51 52 Commissioner – Aimee Kelley _____ _____ 53 54 VOTE ______ 55 ATTEST: 56 57 _____________________________ ______________________________ 58 Maylee De Jesús, MPA, MMC Rebecca Shelton 59 City Clerk Mayor 60 61 APPROVED AS TO FORM: 62 (Corporate Seal) 63 64 _______________________________ 65 Shawna G. Lamb 66 City Attorney 67 84 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Resolution No. R25-269- Approving the Settlement Agreement and Full and Final General Release in the matter of Roger Salazar v. City of Boynton Beach, et al., totaling $110,000. Requested Action: Staff recommends approval of Proposed Resolution No. R25-269. Explanation of Request: The Code of Ordinances of the City of Boynton Beach, Florida, provides that the settlement of all claims in excess of $50,000 requires approval of the City Commission. Plaintiff, Roger Salazar, brought a claim against the City of Boynton Beach stemming from an incident that occurred on or about May 3, 2023. A Settlement and Release of Claim was reached with Plaintiff for $110,000 in exchange for a general release of all claims, which resolves all claims for damages, including attorney's fees and costs. How will this affect city programs or services? N/A Budgeted Item: Yes Account Line Item and Description: 522-1710-519-49-20 Other Current Charges/Self Insured Loss - Liability. Fiscal Impact: $110,000, of which the City is responsible for $94,898.02 of the remaining SIR. Attachments: R25-269 Agenda_Item_3729-2025_Resolution_for_Salazar_Release_of_Claims.docx General Release - SALAZAR.docx Executed settlement agreement.pdf General Release - Fully Executed.pdf 85 RESOLUTION NO. R25-269 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE CONDITIONAL SETTLEMENT AND 2 RELEASE OF CLAIM IN THE MATTER OF ROGER SALAZAR V. CITY OF 3 BOYNTON BEACH, TOTALING $110,000; AND FOR ALL OTHER 4 PURPOSES. 5 6 WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, provides that 7 the authority for settlement of all claims in excess of $50,000 shall require approval of the City 8 Commission by formal resolution; and 9 WHEREAS, Roger Salazar ("Plaintiff") brought a claim stemming from an alleged incident 10 that occurred on or about May 3, 2023; and 11 WHEREAS, a Settlement and Release of Claim was reached with the Plaintiff for $110,000 12 in exchange for a general release of all claims, which resolves all claims for damages between the 13 Plaintiff and Defendant, City of Boynton Beach, as well as attorney's fees and costs; and 14 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 15 best interests of the city's citizens and residents to approve the Settlement Agreement and Full 16 and Final General Release of Claim in the matter of Roger Salazar v. City of Boynton Beach, totaling 17 $110,000. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 19 BEACH, FLORIDA, THAT: 20 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption. 22 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 23 approve the Settlement Agreement and Full and Final General Release of Claim in the matter of 24 Roger Salazar v. City of Boynton Beach, totaling $110,000, in form and substance similar to that 25 attached as Exhibit A. 26 SECTION 3. This Resolution shall take effect in accordance with the law. 27 28 29 [SIGNATURES ON THE FOLLOWING PAGE] 30 86 RESOLUTION NO. R25-269 PASSED AND ADOPTED this ______________ day of ______________________________, 2025. 31 CITY OF BOYNTON BEACH, FLORIDA 32 YES NO 33 Mayor – Rebecca Shelton _____ _____ 34 35 Vice Mayor – Woodrow L. Hay _____ _____ 36 37 Commissioner – Angela Cruz _____ _____ 38 39 Commissioner – Thomas Turkin _____ _____ 40 41 Commissioner – Aimee Kelley _____ _____ 42 43 VOTE ______ 44 ATTEST: 45 46 _____________________________ ______________________________ 47 Maylee De Jesús, MPA, MMC Rebecca Shelton 48 City Clerk Mayor 49 50 APPROVED AS TO FORM: 51 (Corporate Seal) 52 53 _______________________________ 54 Shawna G. Lamb 55 City Attorney 56 87 GENERAL RELEASE Salazar v. CITY OF BOYNTON BEACH Case No. 502024CA009423XXXMB Page 1 of 3 ________RS GENERAL RELEASE WHEREAS, the undersigned, ROGER SALAZAR, has a lawsuit against the CITY OF BOYNTON BEACH (the “City”) styled ROGER SALAZAR v. CITY OF BOYNTON BEACH, filed in the Fifteenth Judicial Circuit, In and for Palm Beach County, Florida, Case No. 502024CA009423XXXMB (the “Action”); and WHEREAS, the parties to this Release desire to compromise and settle the claim rather than incur the expense and uncertainty of litigation; and NOW THEREFORE, in consideration of the premises, in the absence of which this Release would not be executed and delivered by the undersigned nor accepted by Defendant, CITY OF BOYNTON BEACH, and the benefits and advantages anticipated by the undersigned and the City, from the compromise and settlement of said claim and said Action, and in consideration also of the sum of ONE HUNDRED AND TEN THOUSAND and 00/100 DOLLARS ($110,000.00), and the following conditions: Each party is to bear its own costs and attorney fees; and This Release applies to the City and its current and former agents and employees individually and in their official capacities, including City Officer Davon Jennings; and The parties agree to enter a stipulation of dismissal with prejudice of the above- referenced Action; further ROGER SALAZAR in hand paid by the City and the receipt of which is hereby acknowledged, the undersigned has acquitted, released, exonerated, and discharged, and does hereby acquit, release, exonerate, and discharge the City, and its current and former agents, employees, directors, representatives, successors, legal representatives and assigns, individually and in their official capacities, of and from any and all obligations, liability, or responsibility under the laws of the State of Florida, and of any other State of the United States of America, for, from, upon, under or on account of or growing or arising out of said claim or said Action, including (but not by the specific references excluding any other element of obligation, liability or responsibility in respect to said occurrence) all damages, losses, costs, charges, and expenses, of every kind, nature and character, now existing or hereafter arising, known or unknown or hereafter becoming known, accrued, or hereafter accruing, resulting directly or indirectly, approximately or remotely, from all and any of the matters and things embraced in said claim and in said Action, including but not limited to, all claims arising from that certain alleged accident which occurred on or about May 3, 2023, in West Palm Beach, Palm Beach County, Florida, and does hereby acknowledge full and complete compromise and settlement, accord and satisfaction and payment thereof and therefore from the City. As further consideration and inducement for this compromise settlement, ROGER SALAZAR agrees to satisfy or otherwise resolve any valid liens, subrogated interests, or other obligations arising from said incident and agrees to protect all parties named in this Release from liability for Plaintiff’s failure to fulfill this obligation. The hereinabove recited consideration is the full, complete and entire consideration for this Release, and there is no agreement, oral or written, expressed or implied, whereby ROGER SALAZAR is to receive 88 GENERAL RELEASE Salazar v. CITY OF BOYNTON BEACH Case No. 502024CA009423XXXMB Page 2 of 3 ________RS at any time or in any event or upon the happening of any contingency or upon the development or discovery of any fact, circumstance, or condition any further consideration of any kind whatsoever from the City, for or on account of any other matter, circumstance or thing whatsoever; and in consideration of the premises, the undersigned hereby agrees that it will not, and that its heirs, legal representatives and assigns shall not, hereafter file or institute in any court any other suit against the Defendant or its heirs, agents, or employees, including City police officer Davon Jennings, for or on account of or in respect of said claim or any of the matters and things alleged in said Action, and that to any other suit or Action which nevertheless may be hereafter brought on account or in respect of any of the matters and things involved in said claim and in said Action this Release shall be a complete and conclusive defense. ROGER SALAZAR further agrees to satisfy or otherwise resolve all personal injury protection liens, health insurance liens, hospital liens, attorneys’ charging liens, or other liens that have arisen or may arise as a result of benefits payable to the undersigned for injuries sustained or earnings lost or expenses incurred arising out of the above accident. The undersigned further agrees to indemnify the City from such meritorious claims and agrees to satisfy or otherwise resolve such claims out of the proceeds of this settlement. In partial consideration for the payments made under the terms of this Release and Settlement Agreement, ROGER SALAZAR agrees, promises, and warrants that all liens, including hospital liens, emergency medical services care, ambulance, fire rescue liens, medical liens, insurance liens, Medicare liens or past conditional payments, Medicaid liens, or any liens asserted by any governmental entities or agencies whatsoever and any other liens, bills or claims arising out of or related to the incident referenced above, and the claimed injuries to ROGER SALAZAR, will be fully satisfied or otherwise resolved by ROGER SALAZAR, out of the proceeds of the settlement referenced hereinbefore the proceeds are disbursed to ROGER SALAZAR by his attorney. ROGER SALAZAR further agrees, promises, and warrants that ROGER SALAZAR will be solely responsible to any lienholder, claimant, or creditor for any such liens or outstanding bills or charges for ROGER SALAZAR’s medical treatment related to this incident and that the City will have no responsibility or obligation whatsoever for any such liens, bills, claims, or charges specifically including liens for any “past conditional payments” or future set-aside obligations through Medicare. If ROGER SALAZAR fails to fulfill his obligation to satisfy or otherwise resolve all valid liens or obligations arising from the subject incident, he further agrees to indemnify, hold harmless and defend the City against loss, cost, expense, or liability imposed upon or incurred by the City arising from, relating to or concerning meritorious Medicare conditional payments and the Medicare Set -Aside trust pertaining to or arising from this accident. ROGER SALAZAR waives any claim or cause of action he may have against the City under the Medicare Secondary Payer Act (MSP) pursuant to 42 USC §1395y(b)(3)(A) if Medicare finds an allocation insufficient. The undersigned has read this Release and consulted with his attorney in said cause and understands the purpose, tenor, and effect of this Release. It contains and sets forth the entire agreement between the parties hereto, and there is no part of the agreement between them in respect of the premises, which is not entirely, completely, accurately, and truly set forth herein. Notwithstanding the language contained in this Release, this Release shall not be construed as releasing any medical providers from potential claims that may arise based upon treatment and care rendered due to the accident which is the subject of this Release. Moreover, this Release shall not be construed as releasing any health insurance carrier or other insurers from medical and lost wage benefits to which the Releasors are entitled. 89 GENERAL RELEASE Salazar v. CITY OF BOYNTON BEACH Case No. 502024CA009423XXXMB Page 3 of 3 ________RS IN WITNESS WHEREOF, ROGER SALAZAR has hereunto set his hand and seal, in _________________________, Palm Beach County, Florida, this day of September, 2025. Signed, sealed and delivered in the presence of: By: ROGER SALAZAR STATE OF ____________________________ } } SS: COUNTY OF ___________________________ } On this _______ day of _________________________ 2023, the foregoing instrument was acknowledged before me, by means of  physical presence or  online notarization, by ROGER SALAZAR, an individual,  Personally Known OR  Produced Identification – Type of Identification Produced ____________________________________ [SEAL] Notary Public Signature Print Name: Commission number: _______________________ 90 91 92 93 94 95 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Resolution No. R25-270- Approving City's purchase of 670 Oak Street from Sellers Deborah Canepa and Scott Picardy in the amount of Six Million Eight Hundred Thousand and 00/100 Dollars ($6,800,000) to be used as a public park, and authorizing the City Manager to negotiate the final deed restriction subject to approval of form by the City Attorney. Proposed Resolution No. R25-271- Approve budget amendment for FY2025-26, adjusting the budget appropriations and revenue sources and providing spending authority for various Funds, Operating Departments, and Capital Budgets. Requested Action: Staff recommends approval of Proposed Resolution No. R25-270 and R25-271. Explanation of Request: On August 12, 2025, the CRA Board was presented with the option to purchase the property located at 670 Oak Street. The property is located to the south of Harvey E. Oyer Jr. Park and within the Federal Highway Corridor District of the CRA. The property provides the City with an opportunity to expand the Harvey E. Oyer Jr. Park and to provide expanded public access to the Intracoastal waterway and the Ocean. The City prepared a conceptual site plan for potential expansion of Harvey E. Oyer Jr. Park (see Exhibit A). On August 29, 2025, City and CRA staff met to discuss the acquisition of the property. Given the City’s planning efforts and anticipated eventual ownership of the park, CRA and City staff and legal recommend that the CRA and City enter into an interlocal agreement and partnership where the City takes title to the property, allowing it to negotiate as appropriate for long-term ownership, and the CRA contribute funding for the acquisition, which is consistent with CRA goals. Representatives from the CRA and City staff met with a representative of the seller's representative regarding this proposal, who represented that this is acceptable to the seller. On September 9, 2025 the CRA Board approved and on September 18, 2025 the City Commission approved the interlocal agreement between the City and CRA for the purchase of the 670 Oak street property and authorized the reimburse up to $7.1M for the purchase cost and any costs incurred as part of the feasibility study. How will this affect city programs or services? The purchase of the 670 Oak Street property will expand the existing Harvey E. Oyer, Jr. Park and allow the City to improve access to the City's waterfront. 96 Account Line Item and Description: A budget amendment is attached as Exhibit A1. Fiscal Impact: The Boynton Beach Community Redevelopment Agency will be providing funding for the purchase and due diligence through the proposed interlocal agreement between the City and CRA. See the attached budget amendment which increases Fund 302 appropriation from $32,435,599 to $39,535,599. This purchase results in a increase of $7,100,000 to Fund 302 for FY2025-26. Attachments: R25-270 Agenda_Item_3662-2025_Resolution_for_670_Oak_Street_City_Purchase.docx Exhibit A to Resolution - Purchase and Sale Agreement (670 Oak Street) R25-271 Agenda_Item_3662-2025_Resolution_for_Budget_Amendment.docx Exhibit A-1 - Budget Amendment Appraisal Aerial Photo Survey Conceptual Site plan Term Sheet 97 RESOLUTION NO. R25-270 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE CITY'S PURCHASE OF 670 OAKS 2 STREET FROM SELLERS DEBORAH CANEPA AND SCOTT PICARDY IN 3 THE AMOUNT OF SIX MILLION EIGHT HUNDRED THOUSAND AND 4 00/100 DOLLARS ($6,800,000.00) TO BE USED AS A PUBLIC PARK; AND 5 FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, the current owners, Deborah Canepa and Scott Picardy (“Sellers”) of the 9 property located at 670 Oak Street, Boynton Beach, FL (the “Property”), have offered to sell the 10 Property to the City in the amount of Six Million Eight Hundred Thousand and 00/100 Dollars 11 ($6,800,000.00) to be used as a public park; and 12 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 13 best interests of the City's citizens and residents to approve the City's purchase of 670 Oaks Street 14 from Sellers Deborah Canepa and Scott Picardy in the amount of Six Million Eight Hundred 15 Thousand and 00/100 Dollars ($6,800,000.00) to be used as a public park. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 18 BEACH, FLORIDA, THAT: 19 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption. 21 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 22 approve the City's purchase of 670 Oaks Street from Sellers Deborah Canepa and Scott Picardy in 23 the amount of Six Million Eight Hundred Thousand and 00/100 Dollars ($6,800,000.00) to be used 24 as a public park. 25 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 26 approve a Purchase and Sale Agreement between the City (“Buyer”) and Deborah Canepa and 27 Scott Picardy (“Sellers”) for the City's purchase of 670 Oaks Street in the amount of Six Million 28 Eight Hundred Thousand and 00/100 Dollars ($6,800,000.00) (the “Agreement”), in form and 29 substance similar to that attached as Exhibit A. 30 31 98 RESOLUTION NO. R25-270 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 32 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 33 term extensions as provided in the Agreement, provided such documents do not modify the 34 financial terms or material terms. The Mayor is further authorized to execute any necessary 35 documents to accomplish the purchase of the property. 36 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 37 of the City. A copy of the fully executed Agreement shall be provided to Gail Mootz to forward 38 to the Sellers. 39 SECTION 6. The City Commission of the City of Boynton Beach, Florida, hereby 40 authorizes the City Manager to negotiate the final deed restriction subject to approval of form by 41 the City Attorney. 42 SECTION 7. This Resolution shall take effect in accordance with the law. 43 [SIGNATURES ON THE FOLLOWING PAGE] 44 45 99 RESOLUTION NO. R25-270 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 Mayor – Rebecca Shelton _____ _____ 49 50 Vice Mayor – Woodrow L. Hay _____ _____ 51 52 Commissioner – Angela Cruz _____ _____ 53 54 Commissioner – Thomas Turkin _____ _____ 55 56 Commissioner – Aimee Kelley _____ _____ 57 58 VOTE ______ 59 ATTEST: 60 61 _____________________________ ______________________________ 62 Maylee De Jesús, MPA, MMC Rebecca Shelton 63 City Clerk Mayor 64 65 APPROVED AS TO FORM: 66 (Corporate Seal) 67 68 _______________________________ 69 Shawna G. Lamb 70 City Attorney 71 100 Purchase and Sale Agreement Page 1 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (hereinafter “Agreement”) is made and entered into as of the Effective Date (hereinafter defined), by and between CITY OF BOYNTON BEACH, a municipal corporation (hereinafter “PURCHASER”), and Deborah Canepa and Scott E. Picardy (together, hereinafter “SELLER”). PURCHASER and SELLER may be referred to herein individually as a “party” and collectively as the “parties.” In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1.PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located in Palm Beach County, Florida (the “Properties”) and more particularly described as follows: That tract of land marked on W.S. Shepard’s Plat of the Subdivision of Sam Brown Jr’s. Subdivision of the South ½ of fractional Section 15, Township 45 South, Range 43 East, said Plat being on record in Palm Beach County, Florida, in Plat Book 8, Page 8, and the land being marked on said Plat “Reserve” lying east of Lot 1, Block 2, and extending to Lake Worth and being 146.7 feet North and South and 400 feet East and West, more or less, extending to Lake Worth and all riparian rights, less the West 25 feet thereof. Also that certain tract of land lying between the North and South Boundary lines of the aforesaid parcels of land referred to herein as “Reserve”, said land being described and dedicated as Palm Way on the aforementioned W.S. Shepard’s Plat. 2.PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Six Million Eight Hundred Thousand Dollars ($6,800,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. 3.DEPOSIT. 3.1 Earnest Money Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Integrity Land Title, Attention to Leslie Mendenhall, (“Escrow Agent”), located at 2010 Vista Pkwy, Suite 130, West Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 101 Purchase and Sale Agreement Page 2 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 Palm Beach, FL, a deposit in the amount of Three Hundred Thousand Dollars ($300,000) the “Deposit”). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in Section 12. 3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent’s willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, due to competing claims to the Deposit from SELLER and PURCHASER, Escrow Agent will recover reasonable attorney’s fees and costs which, pursuant to court order, are to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The date of this Agreement (the “Effective Date”) shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. 5.CLOSING. The purchase and sale transaction contemplated herein shall close on or before 120 days from the Effective Date (the “Closing”), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6.TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the “Permitted Exceptions”): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; and (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 102 Purchase and Sale Agreement Page 3 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7.FEASIBILITY PERIOD. The PURCHASER, and its designees shall have seventy-five (75) days from the Effective Date of this Agreement (“Feasibility Period”), at PURCHASER’s expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER’s sole and absolute discretion, to terminate this contract and receive back all deposits hereunder. Suppose PURCHASER elects to terminate this Agreement in accordance with this Section. In that case, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER’s testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER’s testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney’s fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER’s investigation of the Property. However, PURCHASER’s indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its sovereign immunity rights. SELLERS’ obligations under this Section shall survive the termination, expiration or Closing of this Agreement. If, at the end of the Feasibility Period, PURCHASER has not elected to terminate this Agreement, PURCHASER shall within five days deliver to Escrow Agent Five Thousand Dollars ($5,000.00), which upon delivery, shall be considered a part of the Deposit for all purposes hereunder. 7.1 Title Review. Within twenty (20) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER’s expense, from a Title Company chosen by PURCHASER (hereinafter “Title Company”), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller’s proceeds. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 103 Purchase and Sale Agreement Page 4 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 (hereinafter “Title Objections”). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter “Cure Period”). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER’s sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period (hereinafter “Extended Cure Period,” or (ii) accepting the title as-is condition and proceeding to Closing under the terms of this Agreement, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. If the SELLER is unable to cure PURCHASER’s Title Objections within the Extended Cure Period, PURCHASER may terminate the Agreement and receive a return of its Deposit or may proceed to Closing under the terms of the Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment (“Title Update”) covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.2.Survey Review. PURCHASER, at PURCHASER’s expense, shall obtain a current boundary survey (the “Survey”) of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. 7.3 SELLER Deliveries. SELLER shall deliver to PURCHASER the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER’s possession or control with respect to the physical condition or operation of the Property, if any. Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 104 Purchase and Sale Agreement Page 5 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 7.3.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if any. 7.3.3 Prior to the Closing Date, SELLER shall execute and deliver to PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER’s sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those Governmental Approvals, or portions thereof which are applicable to the Property, that PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from any Governmental Approvals. SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances, easements, licenses or leases. 7.4. Deed Restriction. During the Feasibility Period, SELLER and PURCHASER may agree to the form of a restrictive covenant or similar document (“Deed Restriction”) that shall burden the Property, which restrictive covenant shall be subject to approval by the City Commission of the City of Boynton Beach. If the parties are unable to agree to a Deed Restriction that is mutually acceptable to both parties during the Feasibility Period, either party may terminate this Agreement at which point the Deposit shall be returned to PURCHASER and the parties shall proceed as if the Agreement were terminated pursuant to Paragraph 7. If the parties agree to the form of a Deed Restriction, and such Deed Restriction receives City Commission approval, such Deed Restriction shall be executed at Closing and recorded in the Official Record Books of the Public Records of Palm Beach County. PURCHASER expressly agrees that any objection to title based on the agreed-upon, duly executed Deed Restrictions is hereby waived by PURCHASER, and such Deed Restrictions shall be deemed "Permitted Exceptions" under Section 4(a) of this Agreement, notwithstanding any provision in this Agreement to the contrary; PURCHASER's acceptance of the Deed at Closing shall be deemed conclusive evidence of PURCHASER's acceptance of the Property subject to the Deed Restrictions, and this provision shall survive the Closing. 8.CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the “Conditions to Closing”) are either fulfilled or waived by PURCHASER in writing: 8.1.Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 105 Purchase and Sale Agreement Page 6 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 8.2.Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3.Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4.Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5.Occupancy.The property shall be conveyed to the PURCHASER at time of closing unoccupied. 9.CLOSING DOCUMENTS. The PURCHASER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the PURCHASER’S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1.Deed. A Warranty Deed (the “Deed”) conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller’s Affidavits. SELLER shall furnish to PURCHASER an owner’s affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non- foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3.Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing. 9.4.Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5.Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 106 Purchase and Sale Agreement Page 7 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10.PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1.Prorations. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to PURCHASER. Taxes shall be prorated based upon the current year’s tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector’s Office. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.3.Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4.Closing Costs. SELLER shall be responsible for costs associated with documentary stamps on the deed, and curing any title defects. All other costs of closing, including, but not limited to, recording fees, lien search, courier, wire, and costs for surveys and escrow fees, shall be borne by PURCHASER, except that each party shall be responsible for its own attorneys fees and costs. 10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a “marked-up” Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 107 Purchase and Sale Agreement Page 8 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11.REPRESENTATIONS, COVENANTS AND WARRANTIES. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. No action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not, between the date of this Agreement, and the Closing take any action to terminate or materially, amend or alter any existing leases presently in existence, without the prior consent of PURCHASER, which consent shall not be unreasonably withheld or delayed. Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 108 Purchase and Sale Agreement Page 9 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 11.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect, however, SELLER may maintain the MLS listing status as “pending.” SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the Feasibility Period to the Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). 11.9 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.10 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER’S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.11 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 109 Purchase and Sale Agreement Page 10 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 11.12 Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER’S information and belief, hereby represents and warrants the following: 11.12.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.12.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property 11.12.3 To the best of SELLER’S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 12.DEFAULT. 12.1.PURCHASER’s Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision, however, at SELLER’S option, SELLER may also elect to proceed in equity to enforce SELLER’S rights under the Agreement. 12.2.Seller’s Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER’S representations are Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 110 Purchase and Sale Agreement Page 11 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3.Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) business days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4.Survival. The provisions of this section shall survive the termination of this Agreement. 13.NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller:Deborah Canepa and Scott E. Picardy Deborah Canepa 641 Oak Street Boynton Beach, FL 33435 tigerkan@att.net Scott Picardy 604 Sherry Drive Anderson, SC 29621 sepicardy@gmail.com} With a copy to:Kristin Coomber, PA 2653 NW Timbercreek Cir Boca Raton, FL 33431 Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 111 Purchase and Sale Agreement Page 12 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 If to Purchaser:Dan Dugger, City Manager City of Boynton Beach 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 With a copy to:Shawna Lamb, City Attorney City of Boynton Beach 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 14.BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the “City”) without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. 15.BROKER FEES. The SELLER shall be solely responsible for all fees, costs, commissions, or similar due to a real estate broker in connection with the transaction contemplated by this Agreement. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney’s fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. PURCHASER represents that they do not have a real estate broker and shall indemnify, defend and hold harmless the SELLER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney’s fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16.ENVIRONMENTAL CONDITIONS. 16.1.For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 112 Purchase and Sale Agreement Page 13 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1)That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits, if any, regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER’S knowledge. (2)SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER’S property. (3)There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity’s knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17.PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged documents into the court. In either event, SELLER agrees to pay PURCHASER’s reasonable attorneys’ fees and costs, both trial and appellate. 18.MISCELLANEOUS. 18.1.General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 113 Purchase and Sale Agreement Page 14 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 shall be of any force or effect unless in writing executed by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District of Florida. 18.2.Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 18.3.Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 18.4.Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 18.5.Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 114 Purchase and Sale Agreement Page 15 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 18.8.Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys’ fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 18.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 18.10 Recording. This Agreement may not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 18.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER’S Property Deed and PURCHASER’s possession of the Property. 18.12 SELLER Attorneys’ Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys’ fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 115 Purchase and Sale Agreement Page 16 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: CITY OF BOYNTON BEACH SELLER: DEBORAH CANEPA & SCOTT PICARDY ________________________________________________________________________ Printed Name: Rebecca Shelton Printed Name: _________________________ Title: Mayor Title: ________________________________ Date: ______________________________Date: ________________________________ WITNESS: ___________________________________ Printed Name: _______________________ WITNESS: _____________________________________ Printed Name: _________________________ _____________________________________ Printed Name: _________________________ Title: ________________________________ Date: ________________________________ _____________________________________ WITNESS: _____________________________________ Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 116 Purchase and Sale Agreement Page 17 of 17 PURCHASER’s Initials: ______ SELLER’s Initials: ______ 00704498-1 4905-3730-0074, v. 1 ESCROW AGENT ___________________________________ Integrity Land Title Printed Name: _______________________ Date: ______________________________ Authentisign ID: 204E900D-6A9D-F011-8E61-002248330C80 117 RESOLUTION NO. R25-271 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, APPROVING A CAPITAL APPROPRIATION 4 AMENDMENT FOR BUDGET YEAR 2025-2026 FOR THE 670 OAK 5 STREET LAND PURCHASE PROJECT; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the Fiscal Year 2025-2026 Budget was adopted by the City Commission by 8 Resolution No. R25-245 on September 18, 2025; and 9 WHEREAS, staff is requesting Commission approval to amend the Fiscal Year 2025-2026 10 budget as noted specifically on Exhibit A-1; and 11 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 12 best interests of the City's citizens and residents to approve a Capital Appropriation Amendment 13 for Budget Year 2025-2026 for the 670 Oak Street Land Purchase project. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 16 BEACH, FLORIDA, THAT: 17 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption. 19 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 20 approve a Capital Appropriation Amendment for Budget Year 2025-2026 for the 670 Oak Street 21 Land Purchase project, as further detailed in Exhibit A-1, attached hereto. 22 SECTION 3. This Resolution shall take effect in accordance with the law. 23 24 25 [SIGNATURES ON THE FOLLOWING PAGE] 26 27 118 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 28 CITY OF BOYNTON BEACH, FLORIDA 29 YES NO 30 Mayor – Rebecca Shelton _____ _____ 31 32 Vice Mayor – Woodrow L. Hay _____ _____ 33 34 Commissioner – Angela Cruz _____ _____ 35 36 Commissioner – Thomas Turkin _____ _____ 37 38 Commissioner – Aimee Kelley _____ _____ 39 40 VOTE ______ 41 ATTEST: 42 43 _____________________________ ______________________________ 44 Maylee De Jesús, MPA, MMC Rebecca Shelton 45 City Clerk Mayor 46 47 APPROVED AS TO FORM: 48 (Corporate Seal) 49 50 _______________________________ 51 Shawna G. Lamb 52 City Attorney 53 119 Exhibit A 2025/26 2025/26 AMENDMENT ADOPTED AMENDED related to BUDGET Revenue Budget BUDGET PROJECT #Project Name / Comments/ Vendor GENERAL FUND 302-0000-369.22-00 CRA REIMBURSEMENT 9,350,000$ 7,100,000 16,450,000$ Adopted Fund Total Revenues 32,435,599$ 7,100,000$ 39,535,599$ 302-4211-572.61-01 LAND ACQUISITION - 7,100,000 7,100,000 GG2511 670 Oak Street Land Purchase Adopted Fund Total Expenses 32,435,599$ 7,100,000$ 39,535,599$ CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2025-26, Commission Meeting 10/07/25 Amendment S:\Finance\Budget Amendments and Transfers\FY2025-26\FY2526 Fund 302 Budget Amendment for Oak Street Land PurchaseAmendment 100720251 9/30/20253:33 PM120 A P P R A I S A L R E P O R T MULTI-FAMILY RESIDENTIAL ZONED LAND 670 OAK STREET BOYNTON BEACH, FLORIDA 33435 Entire Property & North 87 feet by Vance Real Estate Service 7481 Northwest Fourth Street Plantation, Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, FL 33435 June 13, 2025 121 MBA in REAL ESTATE DEVELOPMENT & MANAGEMENT 7481 Northwest 4th Street, Plantation, FL 33317-2204 954/583-2116 vanceval@att.net June 13, 2025 Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue Boynton Beach, FL 33435 RE: Multi-family zoned vacant land, 670 Oak Street, Boynton Beach, FL 33435 (Legal description is in the report.) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop opinions of market value for the fee simple estate in the referenced real property as of June 13, 2025. The report sets forth our value conclusions, along with data and reasoning supporting our value opinions. This report was prepared for and our professional fee billed to the client and intended user, Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice. This report is for exclusive use of the client and intended user for possible acquisition of the appraised property. Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinions of market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. ENTIRE APPRAISED PROPERTY (1.27 acres): $6,606,000 NORTH 87 FEET OF THE PROPERTY (0.75 acres): $3,515,000 (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT WITH NINETY-FOUR (94) NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 122 TABLE OF CONTENTS Page Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 Photographs of the Subject Property 5 1-3-5 Mile Location Map 14 1-3-5 Mile Demographic Statistics 15 Zoning and Land Use Maps 17 Summary of Important Facts and Conclusions 19 Preface to Valuation 20 DESCRIPTIONS, ANALYSES, & CONCLUSIONS 21 Identity of Client and Intended User 22 Intended Use 22 Identification of Real Estate Appraised 22 Ownership 22 Property Address 22 Legal Description 22 Real Estate Tax Analysis 23 Market Area Description 24 Zoning 30 Site Description 32 Real Property Interest Appraised 33 Appraisal Purpose and Definition of Market Value 34 Effective Dates of the Appraisal and Report 35 Scope of the Work 35 Summary of Information Considered 36 Property History 36 Highest and Best Use 37 SALES COMPARISON APPROACH 41 Location Maps of Land Sales 42 Land Sales and photos 44 Land Sales Comparison & Adjustment Chart 62 Valuation by the Sales Comparison Approach 63 RECONCILIATION AND FINAL VALUE OPINION 68 Certification and Limiting Conditions 69 ADDENDA 71 Deed for appraised property 72 Sketches of survey for the appraised property 75 Bathymetric Survey 77 National Wetland Inventory Map 79 Building sketch of old house 80 “R-3” zoning ordinance 81 Parks information 83 USPAP Standards Rule 2-2a 86 Qualifications of the Appraisers 90 123 INTRODUCTION 4 124 DEPRECIATED HOUSE & GARAGE 2 CAR GARAGE 5 125 SHED EAST ELEVATION OF HOUSE 6 126 LOOKING EAST AT LAKE WORTH LOOKING EAST AT BEACH AREA 7 127 LOOKING EAST AT CONCRETE PATIO CLOSER VIEW OF LAKE WORTH 8 128 MULTI-FAMILY BUILDING TO SOUTH OF SUBJECT LOOKING SOUTH AT SUBJECT SEAWALL 9 129 LOOKING NE @ NE CORNER OF SUBJECT PROPERTY LOOKING WEST AT SOUTH 60 FOOT STRIP OF SUBJECT 10 130 SCREENED POOL LOOKING NW TOWARD ADJACENT PARK 11 131 HARVEY E. OYER, JR. PARK APPRAISED PROPERTY LAKE WORTH 12 132 CLOSER AERIAL VIEW OF THE APPRAISED PROPERTY 670 OAK STREET, BOYNTON BEACH, FL 13 133 14 134 Executive Summary 670 Oak St, Boynton Beach, Florida, 33435 4 Prepared by Esri 670 Oak St, Boynton Beach, Florida, 33435 Latitude: 26.54533 Rings: 1, 3, 5 mile radii Longitude: -80.05366 1 mile 3 miles 5 miles Population 2010 Population 11,515 71,339 165,110 2020 Population 13,173 82,315 188,209 2024 Population 13,403 85,087 193,893 2029 Population 14,247 87,685 198,148 2010-2020 Annual Rate 1.35%1.44%1.32% 2020-2024 Annual Rate 0.41%0.78%0.70% 2024-2029 Annual Rate 1.23%0.60%0.44% 2020 Male Population 47.4%47.9%48.2% 2020 Female Population 52.6%52.1%51.8% 2020 Median Age 44.5 43.0 43.4 2024 Male Population 48.0%48.5%48.7% 2024 Female Population 52.0%51.5%51.3% 2024 Median Age 44.7 43.3 43.8 In the identified area, the current year population is 193,893. In 2020, the Census count in the area was 188,209. The rate of change since 2020 was 0.70% annually. The five-year projection for the population in the area is 198,148 representing a change of 0.44% annually from 2024 to 2029. Currently, the population is 48.7% male and 51.3% female. Median Age The median age in this area is 43.8, compared to U.S. median age of 39.3. Race and Ethnicity 2024 White Alone 35.1%49.2%50.7% 2024 Black Alone 49.2%29.8%24.6% 2024 American Indian/Alaska Native Alone 0.5%0.5%1.2% 2024 Asian Alone 1.0%2.2%2.5% 2024 Pacific Islander Alone 0.0%0.0%0.0% 2024 Other Race 5.5%6.7%8.4% 2024 Two or More Races 8.7%11.6%12.5% 2024 Hispanic Origin (Any Race)14.8%19.6%23.8% Persons of Hispanic origin represent 23.8% of the population in the identified area compared to 19.6% of the U.S. population. Persons of Hispanic Origin may be of any race. The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 78.3 in the identified area, compared to 72.5 for the U.S. as a whole. Households 2024 Wealth Index 69 81 98 2010 Households 4,495 30,161 69,212 2020 Households 5,174 34,712 77,664 2024 Households 5,338 36,379 80,814 2029 Households 5,798 37,977 83,339 2010-2020 Annual Rate 1.42%1.42%1.16% 2020-2024 Annual Rate 0.74%1.11%0.94% 2024-2029 Annual Rate 1.67%0.86%0.62% 2024 Average Household Size 2.47 2.30 2.36 The household count in this area has changed from 77,664 in 2020 to 80,814 in the current year, a change of 0.94% annually. The five-year projection of households is 83,339, a change of 0.62% annually from the current year total. Average household size is currently 2.36, compared to 2.38 in the year 2020. The number of families in the current year is 46,226 in the specified area. Data Note: Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. The Gini index measures the extent to which the distribution of income or consumption among individuals or households within an economy deviates from a perfectly equal distribution. A Gini index of 0 represents perfect equality, while an index of 100 implies perfect inequality. Source: U.S. Census Bureau. Esri forecasts for 2024 and 2029. Esri converted Census 2010 into 2020 geography and Census 2020 data. June 09, 2025 ©2025 Esri Page 1 of 2 15 135 Executive Summary 670 Oak St, Boynton Beach, Florida, 33435 4 Prepared by Esri 670 Oak St, Boynton Beach, Florida, 33435 Latitude: 26.54533 Rings: 1, 3, 5 mile radii Longitude: -80.05366 1 mile 3 miles 5 miles Mortgage Income 2024 Percent of Income for Mortgage 40.7%33.3%34.5% Median Household Income 2024 Median Household Income $55,135 $67,785 $72,518 2029 Median Household Income $68,215 $80,565 $84,820 2024-2029 Annual Rate 4.35%3.51%3.18% Average Household Income 2024 Average Household Income $81,555 $94,576 $103,828 2029 Average Household Income $99,928 $113,408 $123,521 2024-2029 Annual Rate 4.15%3.70%3.53% Per Capita Income 2024 Per Capita Income $33,521 $40,544 $43,345 2029 Per Capita Income $42,211 $49,230 $52,029 2024-2029 Annual Rate 4.72%3.96%3.72% GINI Index 2024 Gini Index 42.2 39.8 39.8 Households by Income Current median household income is $72,518 in the area, compared to $79,068 for all U.S. households. Median household income is projected to be $84,820 in five years, compared to $91,442 all U.S. households. Current average household income is $103,828 in this area, compared to $113,185 for all U.S. households. Average household income is projected to be $123,521 in five years, compared to $130,581 for all U.S. households. Current per capita income is $43,345 in the area, compared to the U.S. per capita income of $43,829. The per capita income is projected to be $52,029 in five years, compared to $51,203 for all U.S. households. Housing 2024 Housing Affordability Index 60 74 71 2010 Total Housing Units 6,085 38,586 87,358 2010 Owner Occupied Housing Units 2,841 19,224 45,951 2010 Renter Occupied Housing Units 1,654 10,937 23,261 2010 Vacant Housing Units 1,590 8,425 18,146 2020 Total Housing Units 6,506 41,434 93,074 2020 Owner Occupied Housing Units 2,874 19,834 47,845 2020 Renter Occupied Housing Units 2,300 14,878 29,819 2020 Vacant Housing Units 1,341 6,706 15,379 2024 Total Housing Units 6,606 42,871 95,418 2024 Owner Occupied Housing Units 3,056 20,619 49,614 2024 Renter Occupied Housing Units 2,282 15,760 31,200 2024 Vacant Housing Units 1,268 6,492 14,604 2029 Total Housing Units 7,004 44,448 97,868 2029 Owner Occupied Housing Units 3,321 21,855 52,316 2029 Renter Occupied Housing Units 2,477 16,121 31,023 2029 Vacant Housing Units 1,206 6,471 14,529 Socioeconomic Status Index 2024 Socioeconomic Status Index 41.6 45.0 45.3 Currently, 52.0% of the 95,418 housing units in the area are owner occupied; 32.7%, renter occupied; and 15.3% are vacant. Currently, in the U.S., 57.9% of the housing units in the area are owner occupied; 32.1% are renter occupied; and 10.0% are vacant. In 2020, there were 93,074 housing units in the area and 16.5% vacant housing units. The annual rate of change in housing units since 2020 is 0.59%. Median home value in the area is $399,142, compared to a median home value of $355,577 for the U.S. In five years, median value is projected to change by 4.50% annually to $497,389. Data Note: Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. The Gini index measures the extent to which the distribution of income or consumption among individuals or households within an economy deviates from a perfectly equal distribution. A Gini index of 0 represents perfect equality, while an index of 100 implies perfect inequality. Source: U.S. Census Bureau. Esri forecasts for 2024 and 2029. Esri converted Census 2010 into 2020 geography and Census 2020 data. June 09, 2025 ©2025 Esri Page 2 of 2 16 136 ZONING MAP APPRAISED PROPERTY LAND USE MAP APPRAISED PROPERTY 17 137 LAND USE MAP APPRAISED PROPERTY CRA RECOMMENDED LAND USE MAP APPRAISED PROPERTY 18 138 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant land 670 Oak Street Boynton Beach, FL 33435 OWNERSHIP: Deborah Canepa & Scott E. Picardy 641 Oak Street Boynton Beach, FL 33435 LAND AREA: Entire site is 55,046 square feet or 1.27acres North 87 ft of site contains 32,546 sq.ft. or 0.75 acres. South 60 feet of site contains 22,500 square feet. BUILDING IMPROVEMENTS: Depreciated improvements on the property do not contribute to its market value. ZONING: “R-3”, Multi-family Residential District in the city of Boynton Beach, FL LAND USE: “MEDR”, Medium Density Residential, 11 dwelling units per acre CRA DISTRICT: Federal Highway North. Recommended future land use: Medium Density Residential, 11 units per acre APPRAISAL PURPOSE: To develop opinions of market value INTEREST APPRAISED: Fee simple and all riparian rights CURRENT USE: Vacant HIGHEST AND BEST USE: Entire site: 13 dwelling units North 87 feet: 8 dwelling units VALUES BY THE SALES COMPARISON APPROACH: ENTIRE APPRAISED PROPERTY (1.27 acres): $6,606,000 NORTH 87 FEET OF THE PROPERTY (0.75 acres): $3,515,000 VALUATION DATE: June 13, 2025 Exposure Time: 12 months prior to selling at the appraised value. Marketing Time: 12 months immediately following the effective date of appraisal during which time the subject property should sell at the appraised value. 19 139 PREFACE TO VALUATION The appraised property is located at 670 Oak Street, Boynton Beach, FL 33435, east of Federal Highway. The east border of the property is on Lake Worth, as can be noted in the photos and exhibits in the report. At the east end of the parcel is a depreciated single family residence that was constructed in 1958. The house is uninhabitable. The house, garage, shed, et cetera have no contributory value to property; hence, the property is valued as vacant. A buyer of the property would demolish and remove the improvements as part of the redevelopment of the tract. The subject parcel is part of an old plat which has been modified since first recorded. The sketch of survey cites the legal description and dimensions. The original dimensions of the tract were 400 feet east-west and 146.79 feet north-south. A 25 foot north-south strip of land was reserved to be Palm Way. The strip was not paved as a street; rather, the west 25 feet of the site became New Palm Way and deducted from the land size of the subject property. Currently, dimensions of the site are 375 feet by 146.79 feet = 55,046 square feet or 1.27 acres. Also noted on the sketch of survey is that the east 40 feet (on average) of the site are sand sloping into Lake Worth. There is an older seawall protecting the dryland from the lake. Zoning is “R-3”, Multi-family residential, 11 dwelling units per acre. Land Use is “MEDR”, Medium Density Residential, 11 units per acre. There are no immediate plans to increase the density. Prior use of the property as a single family residence is a permitted use in this district. The property owner intends to sell all or part of the subject property. The intended use of this appraisal is to develop opinions of value for all and part of the site to assist the Boynton Beach Community Redevelopment Agency (BB CRA) in determining if it will purchase all or part of the land concerned. The part of the property under consideration is the north 87 feet or 0.75 of an acre of the site. The property owner may retain the south 60 feet or 0.52 of an acre for a future single family residence. Adjacent to the north of the subject property is Harvey E. Oyer, Jr. Park used primarily for boating and fishing activities. Size of the park is approximately nine acres with submerged land leased from the State of Florida for docks in Lake Worth. The BB CRA is considering purchasing all or part of the appraised property for expansion of the park. The next sections of the appraisal detail information about the land in question, the market area and possible uses of the property. The Highest and Best Use section summarizes the findings and states the conclusion for the property. Further, a list of property strengths and weaknesses is included. 20 140 DESCRIPTIONS, ANALYSES, CONCLUSIONS 21 141 APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice 2-2(a)(i) State the identity of the client; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the identity of any other intended users by name or type; None 2-2(a)(iii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of all or part the appraised property for expansion of the Harvey E. Oyer, Jr. Park adjacent to the north. 2-2(a)(iv) Contain information, documentation, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: Deborah Canepa & Scott E. Picardy 641 Oak Street Boynton Beach, FL 33435 Property Address: 670 Oak Street Boynton Beach, FL 33435 Legal Description: Lengthy description – see complete description on subject deed in Addenda and on sketch of survey Census Tract No. 61 22 142 APPRAISAL REPORT (continued) Real Estate Tax: Parcel Control Number: 08 43 45 15 06 002 0620 Entire appraised property Land Value: $2,227,806 Improvement Value: 73,097 Total Value in 2024: $2,300,903 Assessed Value in 2024: $2,300,903 Exemption Amount: - 0 - Taxable Value: $2,300,903 Ad Valorem Tax: $ 46,155 Non Ad Valorem Tax: 484 Total Tax: $ 46,639 Total Value 2023 $2,221,117 Assessed Value in 2023: $ 674,814 Exemption Amount: 50,000 Taxable Value: $ 624,814 Ad Valorem Tax: $ 12,815 Non Ad Valorem Tax: 428 Total Tax: $ 13,243 Real estate tax for 2024 is paid. There are no outstanding taxes for previous years. The change in property ownership in 2023 caused the exemptions to be removed and a new assessed value for the property. Hence, real estate tax jumped from $13,243 in 2023 to $46,639 in 2024 because the homestead exemption was lost. Going forward, the real estate tax can increase 10% per year as explained below. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. 23 143 APPRAISAL REPORT In Florida, the taxable (assessed) value for non- homesteaded properties can be increased to a maximum of 10% per year, from tax year 2009 going forward, based on a constitutional amendment voted on by the electorate of the state. There are some exceptions which relate to school taxing districts. However, the millage of the city can increase; thus, real estate taxes can continue to increase from year to year. The 10% per year increase cap can account for the difference between the Total Value of a property and the Assessed Value. Flood Zone: The appraised property is the Coastal Flood Plan, Zone “VE”, according to FEMA Map No. 12099C0791G. Zone “VE” is in a Special Flood Hazard Area. Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern -central Palm Beach County. Population of the city is about 79,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Those few which were constructed in the early 1920s that are still in use have had repairs and replacements over the decades changing their historical significance. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. 24 144 APPRAISAL REPORT Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast (FEC) Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the town as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Freight trains still run through the subject market area on the FEC tracts. Higher speed, passenger Brightline train runs along the FEC tract, but does not stop in Boynton Beach. There are depots in downtown Miami, downtown Fort Lauderdale and downtown West Palm Beach. Boca Raton, Aventura, Port of Miami, and Stuart are added to the list. Rail service to Orlando is operating. In the future, there may be commuter rail service along the FEC tracks with a station in downtown Boynton Beach; however, no plans have been announced. The subject market area is the Federal Highway North CRA district, which is north of the Downtown CRA District. The boundaries are the city limit to the north at about NE 26 Avenue, NE 7 Avenue to the south, Lake Worth to the east and Federal Highway to the west. The area is comprised of commercial properties along Federal Highway, older single family residences to the east, along with marinas, and more recent, upscale multi- family projects. Many properties fronting Lake Worth take advantage of the location and use their riparian rights to have boat dockage. Across the lake from the subject market area is the South Lake Worth/ Boynton Inlet providing direct access to the Atlantic Ocean. Boynton Beach Boulevard (east/ west) and Federal Highway (north/south) are the most heavily traveled arteries in the city. Federal Highway, also known as US Highway 1, is the main north-south artery through the city. It is also the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Heavily trafficked Federal Highway is a catalyst to redevelopment of the market area, with over 2,300 residential dwelling units in five projects either built or planned. Road beautification projects enhanced the aesthetics of the market area. Most individual properties have shallow depths, inhibiting redevelopment of small parcels on their own. Hence, assemblages of adjacent properties and rezoning to mixed use are revitalizing the subject market area. 25 145 APPRAISAL REPORT Primary east-west artery is Boynton Beach Boulevard, with Ocean Avenue to the south as a secondary thoroughfare. Boynton Beach Boulevard is the principal east-west artery in city, having interchanges with Interstate 95 and Florida’s Turnpike. Boynton Beach Boulevard commences in the east at US Highway 1, just to the east of the FEC Railroad. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. To the northwest of the Downtown District and the Federal Highway North District is the Heart of Boynton District where the CRA has concentrated funds and effort into revitalizing the area with new housing options and upgraded streetscapes. The CRA has purchased numerous smaller properties to assemble larger sites for redevelopment of mixed use projects. Federal Highway North CRA contains two city parks oriented toward Lake Worth. Intracoastal Park at 2240 N Federal Highway contains about nine acres with a mangrove forest. This is a passive park for recreation rather than boating activities. Harvey E. Oyer, Jr. Park is at 2010 N Federal Highway, also containing about nine acres. Activities in this park are marine-oriented with a boat ramp, docks and fishing pier. Also there are a meeting facility, picnic tables and playgrounds. Information about the parks are in the Addenda. The appraised property is adjacent to the south of the Oyer Park. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2024 in the one-mile radius is $55,135, for three miles it is $67,785, and $72,518 for the five mile circle. Median household income for Palm Beach County is $81,115. In the one-mile circle, population is 13,403. In three miles, population increases to 85,087; at five miles, it is 193,893. However, about half of the three and five mile circles are over the Atlantic Ocean and waterways. Annual growth rate in the one-mile circle for the next five years is anticipated to be high at 1.23%, with new multi-family residential complexes being constructed in central Boynton Beach. Annual growth rates in the three and five mile circles will be slower at 0.60% and 0.44%, respectively. 52% of the housing units are owner occupied, with 33% rented. 26 146 APPRAISAL REPORT This percentage of renters is high for Palm Beach County because investors bought up houses during the real estate crash after 2008. Vacancy is reported to be 15%; however, this amount is elevated due to the undercount of the other two categories as some residents are seasonal and not noted. Median home value in the five-mile area is $399,142 including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $355,577 in the United States. Economic Trends In South Florida, as in the rest of the United States, real estate prices climbed from 2003-2006. In 2007-2008, concerns were expressed about an unsustainable upward price trend in the market. Then, the economic collapse came in fall of 2008 along with the crash in real estate prices. In 2009, there were very few sales of any type of real estate. By 2010, it appeared that the worst was over. Cash buyers started making purchases. From 2013 to 2022, sales activity and prices recuperated. The upswing in prices is due in part to scarcity of developable land. Properties were back to pre-crash prices and in most cases exceeded that level. The upward trend in real estate prices plateaued and sales volume significantly diminished in the past two year s due to the increase in interest rates and prices of building materials. Sales volumes in 2023 and 2024 were 75% lower than in 2022 across the real estate board. Some construction projects were halted and some planned did not commence. The subject market area has examples of each case. The life cycle stage of the market area is revitalization, a period of renewal, modernization, and increasing demand. This revitalization is occurring throughout the CRA and is influencing activity in each sub-district. The catalyst of the revitalization was in the Downtown District with 500 Ocean fronting Federal Highway, consisting of 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Several other mixed-use projects are planned along Federal Highway such as Ocean One at 114 N Federal Highway which was finally approved for 371 apartments, 25,588 square feet of retail, and 450 parking spaces. Davis Camalier sold the site to Hyperion Group for $78.98 per square foot in December, 2021. Another Federal Highway project is comprised of thirteen parcels beginning at the northeast corner of North Federal Highway and SE 2 Avenue, then extending east. 27 147 APPRAISAL REPORT All of the existing improvements were demolished and removed to make way for Broadstone at Boynton Beach, a mixed use project with 274 dwelling unit and 13,110 square feet of retail space. Land unit sale price equates to $83.18 per square foot in May, 2022 for the initial transaction. With the project underway, there was a second sale to another developer and construction has stopped for now. Boynton Beach Community Redevelopment Agency (CRA) accepted the proposal from Affiliated Development from five submissions to build a mixed- use project at 115 North Federal Highway. The CRA had purchased the property when improved with a church and subsequently demolished it. The size of the land offered by the CRA was 2.28 acres, including parking lots and the purchase of 508 East Boynton Beach Boulevard. Th e proposed project will be called the Pierce, for the legendary Barefoot Mailman, Charlie Pierce. Project size will be 236 apartments, 16,800 square feet of restaurant, retail and office, and 600 space parking garage. 150 of the apartments would be for workforce housing units. Boynton Beach CRA purchased the property at 511-529 East Ocean Avenue where Hurricane Alley Raw Bar & Restaurant is located. Purchase price was $3,600,000. This property consists of three buildings with a total size of approximately 17,201 square feet on a site of 17,903 square feet. It is in the block to the south of 115 North Federal Highway and will become part of the Pierce project. Town Square, a major redevelopment project to the west of Federal Highway, covers three blocks from the south side of Boynton Beach Boulevard south to SE 2 Avenue, encompassing 16.5 acres of land. The north section covers the area of the old city hall and police station which were demolished and removed. For several years, the north and south sections of the project have sat idle. The middle section was improved with a new City Hall, library, park, museum, amphitheatre and fire station. The former school was preserved. In April, 2023, the north and south sections were sold to Boynton Beach Town Center for a price of $44 million or approximately $115 per square foot of land. 28 148 APPRAISAL REPORT In the Heart of Boynton CRA district, Ocean Breeze East is completed at 700 North Seacrest Boulevard. The development is an affordable apartment project containing 123 units, retail space, clubhouse and swimming pool. The project came about by the Boynton Beach Community Redevelopment Agency selling the land and the Florida Housing Finance Corporation and TD Bank providing the financing. In the Heart of Boynton CRA district, Heart of Boynton Villages and Shops is nearing completion fronting the north and south sides of East Martin Luther King, Jr. Boulevard, east of Seacrest Boulevard. There will be 124 residential units, 8,530 square feet of commercial space and 218 surface parking spaces. Part of the land was transferred from the Boynton Beach CRA to Wells Landing Apartments, LLC. Wells Landing purchased four parcels from a private property owner to complete the site for the new project. Funding for the project was awarded to the property owner from the Florida Housing Finance Corporation. This project is anticipated to bring about more development along MLK Boulevard and surrounding avenues. At the southeast corner of Seacrest Boulevard and East Martin Luther King, Jr. Boulevard, the store was purchased and opened as Dollar Tree. A large section of the Cottage District from NE 4 Avenue to NE 5 Avenue, between Seacrest Boulevard and NE 1 Street is being developed by Pulte Homes with workforce housing. Parcel size is 4.6513 acres, comprised of smaller lots acquired over many years to assemble a large tract of land for a transformation of a substantial part of the area. Construction is underway for 41 for-sale units, consisting of 19 single-family houses and 22 townhouses. Boynton Beach CRA acquired three of the four corner properties at the intersection of Federal Highway and MLK Boulevard (NE 10 Avenue) in the Federal Highway North district. The southwest corner is privately owned. The southeast corner is the most recent purchase in February, 2024 for $1,000,000 or $60.33 per square foot of land. The 16,575 square foot parcel is zoned “C-4”, Commercial. Old improvements were demolished and removed by the CRA. Boynton Beach CRA acquired the property at 401-411 E Boynton Beach Boulevard and demolished the old improvement. Plans are redevelop the site with a USPS Downtown Station to replace the retail service that will be closed at the USPS at 217 N Seacrest Boulevard. 29 149 APPRAISAL REPORT Conclusion The town’s redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Boynton Beach Community Redevelopment Agency is instrumental in the renaissanc e of the city. The subject market area has the components of an appealing neighborhood with schools, parks and recreation. It is easily accessible by main roads and Interstate 95. Goods and services are available on Boynton Beach Boulevard and US Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, the Community Redevelopment Plan can continue to succeed in revitalizing the area. The transformation of the area is in progress. Although, development of real estate takes time and the right market conditions have to be present. Upward price trend for property in the subject market area should continue for the foreseeable future. Platting: The appraised land is part of an old plat. A new plat is probably required for current development. Land Use: Current Land Use is MEDR, Medium Density Residential, maximum density 11 dwelling units per acre. Recommended future land use by the BB CRA is also Medium Density Residential, 11 units per acre. (See zoning and land use maps.) Zoning: “R -3”, Medium Density Residential, 11 dwelling units per acre, with the purpose to implement the medium density residential future land use map classification of the comprehensive plan. Minimum lot area is 4,000 square feet per unit; minimum lot frontage is 100 feet. An excerpt from the “R-3” ordinance is in the Addenda. 30 150 APPRAISAL REPORT Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the “R -1”, Single Family District. Duplex use shall conform to “R-2” regulations, with a minimum lot size of 4,500 square feet per unit. The size of the entire appraised property is 1.27 acres with a width of 146.79 feet, which meets the minimum standards for development in the “R-3” district. The Planning official stated that gross acreage is measured from lot line to lot line. For the entire subject site, the number of permitted units would be 13. If the south 60 feet were retained by the owner, the size of the subject would be 0.75 of an acre with a width of 87 feet. Maximum number of permitted units would be 8. Permitted uses in the “R-3” district include: single family, duplex, multi-family, townhouse, home -based business. The following may be permitted in a “CDO”, Cultural District Overlay: restaurant, personal care facility, business office, gymnasium, theatre, et cetera. Boynton Beach Planning officials stated that the subject property is not in a CDO and those uses would not be permitted on the appraised property. Further, a stand-alone parking garage or lot is not permitted in the “R-3” district. Note: In the Recreation zoning district, restaurant may be permitted as an accessary use. Thus, if the property were rezoned to Recreation and tied to the park by Unity of Title, a restaurant might be permitted on the subject tract. 31 151 APPRAISAL REPORT Site Description: The shape of the entire site and the north 87 feet is a rectangular. Dimensions are from the sketches of survey included in the Addenda. Entire site: North boundary on Oak Street & walk: 375.00 feet East boundary on Lake Worth: 146.79 feet S boundary on adjacent property: 375.00 feet West boundary on New Palm Way: 146.79 feet Land size is 55,046 square feet or 1.27 acres. North 87 feet of site: North boundary on Oak Street & walk : 375.00 feet East boundary on Lake Worth: 86.79 feet S boundary on south section of subject: 375.00 feet West boundary on New Palm Way: 86.79 feet Land size is 32,546 square feet or 0.52 of an acre. Utilities: All utilities are available to the site. Access: The site is accessible via Oak Street, a two-laned local road. There are streetlights, but no sidewalks. Oak Street intersects with Federal Highway at its western terminus. The parcel is also accessible via New Palm Way, a two-laned local road. As mentioned, Palm Way was moved from within the boundaries of the subject to its western border to become New Palm Way. Easements: Easements are not noted on the sketch of survey. If they exist, utility easements would be most probably be close to the old house. 32 152 APPRAISAL REPORT Submerged Land: Approximately, the east 40 feet (on average) of the land concerned is submerged. The depth fluctuates with the tide. A bathymetric survey (in Addenda) shows the submerged portion of the subject with depths from zero to four feet. About 11% of the entire subject sit is submerged (89% upland). The dry land is separated from the water via a seawall. Condition of the seawall is unknown and probably dates back to the 1950s when the house was constructed. The National Wetland Inventory Map (in Addenda) identifies this portion of the site as Estuarine and Marine Deepwater, subject to regulations governing development in this type of wetland. This designation is standard for most of the submerged land in Lake Worth and the Intracoastal Waterway. Improvement Description: Depreciated improvements have no contributory value to the highest and best use of the property. Building sketch is in the Addenda. Environmental Assessment: No assessment was available for review. 2-2(a) (v) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple and all riparian rights. Riparian rights are those incident to land bordering navigable waters, meaning the upland property extends to the normal high-water line. Riparian rights in Florida are rights of ingress, egress, boating, bathing, fishing, et cetera. Also included is the right of an unobstructed view of the adjoining water. They cannot be separated from the riparian land. 33 153 APPRAISAL REPORT 2-2(a)(vi) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop opinions of market value of the subject property as of June 13, 2025. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories as follows. 1. the relationship, knowledge, and motivation of the parties (i.e., seller and buyer); 2. the terms of sale (e.g., cash, cash equivalent, or other terms); and 3. the conditions of sale (e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions as follows. 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated December, 2010. Florida Court Definition: “Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts.” [Source: Fla. Power & Light Co., v. Jennings, 518 So.2d 895 (Fla. 1987)] 34 154 APPRAISAL REPORT 2-2(a)(vii) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: June 13, 2025 B) Date of the Report: June 13, 2025 2-2(a)(viii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraisers visited the property. An investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including CoStar Group, Loopnet, Realquest, Palm Beach County Property Appraiser’s records, the public records, and data from the appraisers’ plant. 2-2(a)(ix) Summarize the extent of any significant real property appraisal assistance; The two signatory appraisers are the only people involved in the appraisal process. 2-2(a)(x)(1) Summarize the appraisal methods and techniques employed; (2) State the reasons for excluding any of the valuation approaches; (3) Summarize the results of analyzing the subject sales, options and listings; (4) State the value opinion and conclusion (5) Summarize the information analyzed and the reasoning that supports the analyses, opinions, and conclusions 35 155 APPRAISAL REPORT For Sales Comparison Approach, land sales are compared to each other and to the site under appraisement to arrive at an opinion of value for the fee simple interest. Adjustments are made to the sales for difference in elements of comparison affecting price. The information analyzed and the appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinions, and conclusions is explained in the valuation section. Cost Approach is not used because there are no building structures on the site that have any contributory value to the property. The Income Approach is not employed in this appraisal because most sites like the subject are purchased and not leased. Exclusion of these approaches to value still produces a creditable report. SR 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; There are no known sales agreements or options as of the effective date of appraisal. The entire property is reportedly offered to the BB CRA for a purchase price of $6,000,000; however, no listing document is available for review. The asking price is close to the appraised value. The thorough search for comparable sales results in the more accurate value of the subject property. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. There was a deed of trust recorded in July, 2001; however, it was not an arm’s length transaction. A copy of the deed is in the Addenda. The last transfer of ownership was by quit claim deed in September, 2023. It was not an arm’s length sale; however, the change of ownership caused the loss of exemptions and the aforementioned significant increase in real estate tax. 36 156 APPRAISAL REPORT 2-2(a)(xi) State the use of the real estate existing as of the effective date and use of the real estate reflected in the appraisal; The use of the real estate on the date of valuation is essentially vacant land, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(xii) When an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. The land borders Lake Worth/ Intracoastal Waterway, separated by an old seawall. Tests are necessary to determine if reinforcements are necessary for the foundations of structures to be constructed on the site. The dry land is approximately 89% of the site; submerged land is about 11%. The dry land is relatively level and filled to street grade; although, the type of fill is not known. The appraised site is part of an old plat that probably requires replatting to modern standards. Total land size is 1.27 acres; north 87 feet of the site contains 0.75 of an acre. Frontage to depth ratio for the entire parcel is 0.39:1; the ratio for the north 87 feet is reduced to 0.23:1. The significance of this ratio is that the greater the frontage, the more of the water is in view. The tract is accessible via two local roads. All utilities are available to the s ite. Physical constraint to develop the site is its size which governs the number and size of potential buildings which can be placed on it. Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Zoning is “R-3”, Residential Multi-family. Minimum lot area is 4,000 square feet per unit; minimum lot frontage is 100 feet. The entire subject size is 55,046 square feet, with a 147 foot width. 37 157 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Subject size is standard for the “R-3” district. However, city officials determine permitted uses. Future land use is “MEDR”, Medium Density Residential, 11 dwelling units per acre. Recommended land use by the BB CRA is the same. Using the gross size of the entire site, possible use would be 13 dwelling unit. Using the north 0.75 of an acre of the site, possible use would be 8 dwelling units. As discussed, restaurant and stand-alone parking facility are not permitted in this section of the “R-3” zoning district. Again, city officials make that determination. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. The Federal Highway North CRA district is built out with commercial properties along the highway, with most marine based uses such as repair/ service marina, boat storage marinas (both dry-stack and in water), marine provisions, et cetera. Residential properties include dry-land single family houses, multi-family complexes, and properties on canals with deep-water access. Any developable site on the water has a structure on it. There are some parcels which are environmentally sensitive and cannot be developed. The appraised property was improved in 1958. Most of that age have been razed to make way for more recent projects. To the south of the subject is a complex constructed in the 1970s. There are many other multi-family or townhouse projects on the east side of Federal Highway that extend to Lake Worth and use their riparian right for dockage. The subject market area and surrounding areas have been built-out for years. If a property became available for redevelopment, a builder would purchase it and construct as many units as permitted oriented toward the lake and obtain permits to construct docks. The new product would be quickly absorbed by the market. The Harvey E. Oyer, Jr. Park is to the north with a boat launch and docks of its own. The Boynton Inlet to the Atlantic Ocean is across Lake Work. The location is ideal for a boater to purchase a dwelling unit there. 38 158 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT The most probable buyer is a local developer who wants to construct a multi- family or townhouse project on Lake Worth. Time for development is now with no competition from a new project on Lake Worth or other cities in the vicinity. Maximally Productive as Vacant In summary, the Highest and Best Use of the entire land in question is to be developed with the maximum number of dwellings allowed on the site and use the riparian rights for docks on Lake Worth. Such use would be physically possible, probably legally permissible, financially feasible and maximally productive. Maximally productive use of the north 87 feet of the site is the same as the entire site; however, the number of units would be less and the frontage to depth ratio is reduced. STRENGTHS AND WEAKNESSES OF THE SUBJECT PROPERTY Following is a brief summary of the high and low points of the appraised land. STRENGTHS • Very few vacant parcels of any type zoning on major waterways, especially permitting multi-family use • Size of entire site is sufficient to attract a developer • Size large enough for a marketable project • Land fronts Lake Worth, with dockage possible • Boynton Inlet in close proximity • Frontage to depth ratio is in the lower range, but workable WEAKNESSES • Land probably requires replatting • New seawall and cap are needed • Reduced privacy next to a park • Reduced privacy next to a four-story multi-family complex • Surrounding neighborhood is improved with older houses 39 159 • If the site is subdivided, frontage to depth ratio is reduced • Subdividing site reduces number of dwelling units possible and less attractive to a developer • Subdividing land would reduce amenities offered in the complex and make project less marketable 2-2(a) (xiii) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a) (xiv) Include a signed certification in accordance with Standards Rule 2-1 See signed certification in report. 40 160 SALES COMPARISON APPROACH LAND VALUATION 41 161 42 162 43 163 VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lot 12, SOUTH PALM PARK, Plat Book 11, page 6, Palm Beach County, FL RECORDED O.R. Book 34653, page 1906, Palm Beach County, FL GRANTOR Middleit LLC GRANTEE Peter Silberstein, et al DATE OF SALE October 30, 2023 LOCATION 3 18th Avenue South Lake Worth Beach, FL DESCRIPTION Land Size of entire site: 14,810 square feet 0.34 acres Land Size of dryland: 12,600 square feet 85% of site Zoning: “SFR”, Single family residential Permitted Density: one unit per lot Possible no. of units on site: one Platted: Yes Use at sale: Vacant Intended Use: Single family residential SALE PRICE $1,650,000 UNITS OF COMPARISON $111.41 per square foot of entire site Frontage to Depth Ratio: 0.25:1 PARCEL CONTROL NUMBER 38 43 44 34 05 000 0120 CONDITIONS OF SALE Arm’s length transaction. Cash sale. CONFIRMED Office of closing attorney Jeffrey D. Levy COMMENTS Prior sale on March 21, 2023 for $1,400,000. Price increase between two dates of sale is 2.55% per month, annualized to 30.62%. Currently listed for sale at a price of $2,400,000. 44 164 AERIAL VIEW OF LAND SALE 1 3 18TH AVENUE SOUTH LAKE WORTH BEACH, FLORIDA 45 165 LAND SALE 1 3 18TH AVENUE SOUTH LAKE WORTH BEACH, FL 46 166 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION A parcel of land lying in Government Lot 4, Section 35, Township 40 South, Range 42 East, Palm Beach County, FL. Full description on acquiring deed in the appraisers’ file. RECORDED O. R. Book 35508, page 1500, Palm Beach County, FL GRANTOR Donald Goering GRANTEE Timothy Elliott, et al DATE OF SALE January 16, 2025 LOCATION 5524 Pennock Point Road Unincorporated Palm Beach County, FL DESCRIPTION Land Size of entire site: 43,200 square feet one acre Land Size of dryland: 31,212 square feet 72% of site Zoning: “RS”, Single Family Residential Permitted Density: one unit per lot Possible no. of units on site: one Platted: No Use at sale: Old single family residence Intended Use: New single family residence SALE PRICE $6,400,000 UNITS OF COMPARISON $148.15 per square foot of entire site Frontage to Depth Ratio: 0.27:1 PARCEL CONTROL NUMBER: 00 42 40 35 01 004 0010 CONDITIONS OF SALE Arm’s length transaction. Cash sale. CONFIRMED Office of closing attorney Scott L. McMullen COMMENTS Grantee demolished the house and swimming pool after purchase. Property is located on the Southwest Fork of the Loxahatchee River which leads east to the Intracoastal Waterway and Jupiter Inlet to the Atlantic Ocean. 47 167 AERIAL VIEW OF LAND SALE 2 5524 PENNOCK POINT ROAD PALM BEACH COUNTY, FLORIDA 48 168 LAND SALE 2 5524 PENNOCK POINT ROAD PALM BEACH COUNTY, FL 49 169 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION A parcel of land lying in Government Lots 4 and 5, Section 35, Township 40 South, Range 42 East, Palm Beach County, FL. Full description on acquiring deed in the appraisers’ file. RECORDED O. R. Book 35772, page 642, Palm Beach County, FL GRANTOR Pennock Point Estates LLC GRANTEE Lendalk Properties LLC DATE OF SALE May 25 , 2025 LOCATION 5548 Pennock Point Road Unincorporated Palm Beach County, FL DESCRIPTION Land Size of entire site: 51,000 square feet 1.17 acre Land Size of dryland: 37,897 square feet 72% of site Zoning: “RS”, Single Family Residential Permitted Density: one unit per lot Possible no. of units on site: one Platted: No Use at sale: Vacant Intended Use: New single family residence SALE PRICE $6,500,000 UNITS OF COMPARISON $127.45 per square foot of entire site Frontage to Depth Ratio: 0.20:1 PARCEL CONTROL NUMBER: 00 42 40 35 01 004 0050 CONDITIONS OF SALE Arm’s length transaction. Cash sale. CONFIRMED Office of closing attorney Allison R. Percy COMMENTS Property is located on the Southwest Fork of the Loxahatchee River which leads east to the Intracoastal Waterway and Jupiter Inlet to the Atlantic Ocean. Prior sale on May 5, 2023 for $5,546,110. Price increase between dates of sale is 9% per year. 50 170 AERIAL VIEW OF LAND SALE 3 5548 PENNOCK POINT ROAD PALM BEACH COUNTY, FLORIDA 51 171 LAND SALE 3 5548 PENNOCK POINT ROAD PALM BEACH COUNTY, FL 52 172 VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION Lots 6 and 7, Block 5, POMPANO BEACH PARK, Plat Book 21, page 20, Broward County, FL RECORDED Instrument No. 119560470, Broward County, FL GRANTOR 113 S Riverside Drive LLC, et al GRANTEE River Dev LLC DATE OF SALE May 1, 2024 LOCATION 117 South Riverside Drive Pompano Beach, FL DESCRIPTION Land Size of entire site: 18,000 square feet 0.41acres Land Size of dryland: 18,000 square feet 100% of site Zoning: “RM-45”, Residential Multi-family, 45 units/ acre Permitted Density: 45 units Possible no. of units on site: 19 units Platted: Yes Use at sale: Vacant Intended Use: Multi-family, 45 units/ acre SALE PRICE $3,500,000 UNITS OF COMPARISON $194.44 per square foot of entire site Frontage to Depth Ratio: 80% FOLIO NUMBER 49 43 06 11 0500 CONDITIONS OF SALE Arm’s length transaction. Cash sale. CONFIRMED Office of closing attorney Alejandro E. Jordan COMMENTS Site located just south of Atlantic Boulevard in Pompano Beach, a commercial area. 53 173 AERIAL VIEW OF LAND SALE 4 117 SOUTH REVERSIDE DRIVE POMPANO BEACH, FLORIDA 54 174 LAND SALE 4 117 SOUTH RIVERSIDE DRIVE POMPANO BEACH, FL 55 175 VACANT LAND SALES SALE NO. 5 LEGAL DESCRIPTION Lots 5, 6, 7 and 8, SURFSIDE VILLAS AMENDED PLAT OF PARCEL NO. 4, Plat Book 27, page 35, Broward County, FL RECORDED Instrument No. 118070233, Broward County, FL GRANTOR Riverside North Developers LLC, et al GRANTEE Entourage Florida Development LLC DATE OF SALE April 7, 2022 LOCATION 407 North Riverside Drive Pompano Beach, FL DESCRIPTION Land Size of entire site: 40,753 square feet 0.94acres Land Size of dryland: 40,753 square feet 100% of site Zoning: “RM-45”, Residential Multi-family, 45 units/ acre Permitted Density: 45 units Possible no. of units on site: 42 units Platted: Yes Use at sale: Multi-family residential 23 units Intended Use: Multi-family, 45 units/ acre SALE PRICE $9,300,000 UNITS OF COMPARISON $228.20 per square foot of entire site Frontage to Depth Ratio: 55% FOLIO NUMBER 48 43 31 13 0060 CONDITIONS OF SALE Arm’s length transaction. Cash sale. CONFIRMED Office of closing attorney Edward Gusky COMMENTS Site located north of Atlantic Boulevard in Pompano Beach area. At sale, the property was improved with 23 unit apartment building. Grantee demolished the building. New project is 42 condo units called Entourage in the Sun. 56 176 AERIAL VIEW AT SALE FOR LAND SALE 5 407 NORTH RIVERSIDE DRIVE POMPANO BEACH, FLORIDA AERIAL VIEW JUNE, 2025 407 NORTH RIVERSIDE DRIVE POMPANO BEACH, FLORIDA 57 177 LAND SALE 5 407 NORTH RIVERSIDE DRIVE POMPANO BEACH, FL 58 178 VACANT LAND SALES SALE NO. 6 LEGAL DESCRIPTION Lot 63 and the south 30.67 feet of Lot 62, WAHOO NO. 2, Plat Book 7, page 49, Broward County, FL RECORDED Instrument No. 119122977, Broward County, FL GRANTOR Luna North LLC GRANTEE SAAS 4524 Seagrape Lender LLC DATE OF SALE September 15, 2023 LOCATION 1601 North Riverside Drive Pompano Beach, FL DESCRIPTION Land Size of entire site: 14,892 square feet 0.34acres Land Size of dryland: 14,892 square feet 100% of site Zoning: “RM-45”, Residential Multi-family, 45 units/ acre Permitted Density: 45 units Possible no. of units on site: 15 units Platted: Yes Use at sale: Vacant Intended Use: Multi-family, 45 units/ acre SALE PRICE $2,300,000 UNITS OF COMPARISON $154.45 per square foot of entire site Frontage to Depth Ratio: 52% FOLIO NUMBER 48 43 30 03 0450 CONDITIONS OF SALE Arm’s length transaction. Cash sale. CONFIRMED Office of closing attorney at JW Law Firm COMMENTS Site located north of Atlantic Boulevard in Pompano Beach area. Prior sale on February 9, 2022 for $1,700,000. Price increase between date of sale is annualized to 22%. 59 179 AERIAL VIEW OF LAND SALE 6 1601 NORTH RIVERSIDE DRIVE POMPANO BEACH FLORIDA 60 180 LAND SALE 6 1601 NORTH RIVERSIDE DRIVE POMPANO BEACH, FL 61 181 LAND SALE COMPARISON & ADJUSTMENT CHART Transactional Adjustments P r o p e r t y A d j u s t m e n t LAND SALE PRICE SALE LAND SIZE % Dry ZONING UNITS Market Conditions Adjusted Price Frontage to Platted Seawall Overall SALE $/Sq.Ft.DATE Sq.Ft. (All)Land DENSITY Possible 5%/Year for Market Conditions Depth Ratio Land & Cap Adiustment 1 3 18th Avenue South $1,650,000 10.30.2023 14,810 0.85 "SFR"1 $130,350 $1,780,350 0.25:1 Yes Yes Superior Lake Worth Beach, Florida $111.41 1 Unit/Lot Inferior + 7.9%$120.21 Inferior Superior Superior 2 5524 Pennock Point Road $6,400,000 1.16.2025 43,200 0.72 "RS"1 $133,120 $6,533,120 0.27:1 No No Similar Unincorp. Palm Beach County, Florida $148.15 1 Unit/Lot Inferior + 2.08%$151.23 Inferior Similar Similar 3 5548 Pennock Point Road $6,500,000 5.25.2025 51,000 0.72 "RS"1 $0 $6,500,000 0.20:1 No Yes Similar Unincorp, Palm Beach County, Florida $127.45 1 Unit/Lot Equal $127.45 Inferior Similar Superior 4 117 South Riverside Drive $3,500,000 5.1.2024 18,000 1.00 "RM-45"19 $177,800 $3,677,800 0.80:1 Yes Yes Superior Pompano Beach, Florida $194.44 45 Units/AC Inferior 5.08%$204.32 Superior Superior Superior 5 407 North Riverside Drive $9,300,000 4.7.2022 40,753 1.00 "RM-45"42 $1,474,050 $10,774,050 0.55:1 Yes Yes Superior Pompano Beach, Florida $228.20 45 Units/AC Inferior + 15.85%$264.37 Superior Superior Superior 6 1601 North Riverside Drive $2,300,000 9.15.2023 14,892 1.00 "RM-45"15 $201,250 $2,501,250 0.52:1 Yes Yes Superior Pompano Beach, Florida $154.45 45 Units/AC Inferior + 8.75%$167.96 Superior Superior Superior SUBJECT 670 Oak Street 6.13.2025 55,046 0.89 "R-3"13 -----'''''0.39:1 Old Old Boynton Beach, FL 11 units/Ac 62 182 SALES COMPARISON APPROACH LAND VALUATION OVERVIEW Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value The steps of Sales Comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with the most reliable sources, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis. 4) Compare and adjust the sales to the subject using significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a value opinion by this approach. In this section of the appraisal, the entire subject parcel is valued initially. Following, the north 87 foot portion is valued. The entire appraised tract contains 55,046 square feet; located at 670 Oak Street, Boynton Beach, FL. The site fronts Lake Worth. Zoning is “R-3”, Residential Multi- family, 11dwelling units per acre. A meticulous search was made to find recent transactions of sites which would provide indications of value for the appraised land. The search covered the east coast of Florida from Broward County on the south to Martin County on the north, focusing on Palm Beach County. The demand for waterfront property is strong, with very few vacant sites available for sale. Most come about by the razing of old improvements to make way for a new one. Large sections of waterfront property are environmentally sensitive and cannot be developed, thus reducing the supply. Few sales occurred during the past few years, with most zoned for single family use. Some of these sales were in market areas where the sale prices of the surrounding houses were at the top level of home prices and not the same type market area as the subject’s with a small, older houses, parks, multi-family buildings, marinas and commercial properties. The extensive search revealed there were no sales of “R-3” type zonings permitting low-medium density of units in the 10 to 20 dwellings per acre. Properties in this category had increases in density to allow more waterfront units which have greater market appeal. The sales found are in two categories: single family residential and high density multi-family. The data found are used to develop opinions of value for the land under appraisement. With the diversity of property types, qualitative analysis is used in this valuation section with rating the elements of comparison of the sales as superior, similar or inferior to the subject’s characteristics. (Continued) 63 183 SALES COMPARISON APPROACH (Continued) Of the sales reviewed, six of the most relevant transactions are included in this analysis. Details of the sales are on individual land sales sheets and the Land Sales Comparison & Adjustment Chart in the report. A unit of comparison used by buyers and sellers of this type land is the Sale Price per Square Foot of Land. The range of unit prices of the land sales used (before adjustments) is from $111.41 to $228.20 per square foot. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate states that there are several basic elements of comparison to consider in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. Adjustments for transactional elements are made, then, attention is focused on the second group, property elements. This second group of property elements consists of location, physical characteristics and use. The relevant elements are hereafter discussed. Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at, below, or above market rent. The interest valued for the subject property is fee simple with riparian rights. The land sales were all conveyances of fee simple interests with riparian rights. None of the sales had easements which were significant enough to affect the price. No adjustment is necessary for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. All of the land sales were in cash, the most common means of purchase for vacant land. No adjustment is required for this element of comparison. (Continued) 64 184 SALES COMPARISON APPROACH (Continued) Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. None of the land sales are transactions by lenders after foreclosures of prior mortgages on the properties. Each of the land sales was exposed to the open market for a reasonable time. The buyers had specific uses in mind when the purchases were made. Conditions of sale for the comparables are typical for the market. No adjustment is necessary for this element of comparison. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Two of the sales occurred in 2025, one in 2024, two in 2023 and one in 2022. Some properties have had a significant increase in price during the past few years. Such increases are characteristic of the market due in part to scarcity of properties for sale and lack of land for more building. The high percentage of increase may not be representative of the price trend going forward with the looming concern of inflation and projected increase in price of building materials. Land Sale 1 had a quick sale-resale in 2023 showing a price increase of 31% in seven months. The property is again for sale at an elevated price, with no buyer. Land Sale 3 had a sale-resale indicating a price increase of 9% per year during a two year period. Sale-resale of No. 6 shows a 22% increase during a short time period. Considering the various market indicators, a moderate upward trend of 5% per annum is applied to the sale prices. Hence, each of the sales is adjusted upward 5% annually for market conditions to the effective date of appraisal. The amounts of the adjustments are shown on the chart. Adjustments have been considered to the sales for transactional elements of comparison. Next, adjustments for property elements of comparison are considered. (Continued) 65 185 SALES COMPARISON APPROACH (Continued) Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, average daily traffic flow, etc. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. The appraised land borders Lake Worth and the Intracoastal Waterway; it is across the lake from the Boynton Inlet to the Atlantic Ocean. All of the land sales front major waterways and have riparian rights. Land Sale 1 is the closest geographically to the subject and most similar in market area of a mix of property types. There are commercial properties on Federal Highway, older single family houses on dry lots and a few upscale houses fronting Lake Worth. Land Sales 2 and 3 border the Southwest Fork of the Loxahatchee River which travels east a short distance to the Jupiter Inlet to the Atlantic Ocean. The market area for Sales 2 and 3 are dry lot single family houses and waterfront homes bordering the river. Land Sales 1, 2 and 3 are in zoning districts that permit only single family residential use, one dwelling per lot. Land Sales 4, 5 and 6 are located in Broward County, fronting the east side of the Intracoastal Waterway. Zoning for the three sales is RM-45, medium high density, 45 dwelling units per acre. As mentioned, density was less intense for these type properties in the past. Then, the city of Pompano Beach increased the density to accommodate the demand for waterfront dwellings. Land Sale 5 is an example of an old style apartment building of 23 units razed to redevelop the site with a mid-rise complex of 42 units. The market area for Sales 4, 5 and 6 is multi-family projects ranging from 60 years old to new construction, old houses on dry lots and commercial uses on the main streets. Land Sales 1, 2 and 3 as a group have lower prices per square foot. Sales 4, 5 and 6 have higher unit prices as expected. However, they are in a relatively close range when viewing the entire array of unit prices for luxury houses and very high density projects. The appraised land has more in common with Nos. 4, 5 and 6, but cannot produce the yield to the land that the sales can. The common feature for all of the properties is the waterfront location which is in high demand. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, topogra phy, view, access, functional utility, degree of readiness for development, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the site appraised are presented in the report for analysis and comparison to the subject. The lesser the number of physical differences, the better. (Continued) 66 186 SALES COMPARISON APPROACH (Continued) Physical characteristics is the element of comparison that most affects price in this category of property. As mentioned, all of the sites are waterfront; however, the subject and Land Sales 1, 2 and 3 are partially submerged. The subject is about 89% dry, with No. 1 at about 85% dry. Sales 2 and 3 have greater submerged areas, with upland being 72%. In Broward County, the Intracoastal Waterway sets the bordering properties’ limits, making 100% of the sites upland. Greater percentage of upland increases the buildable area of the site and its price. Three significant aspects of the sales’ physical characteristics are frontage to depth ratio, platted land, and seawall and cap. As mentioned a greater frontage to depth ratio is indicative of more land facing the water for better view. The entire subject site has a ratio of 0.39:1. Land Sales 1, 2 and 3 are inferior to the subject with ratios of 0.20:1 to 0.27:1. These sales are long and narrow in shape. Sales 4, 5 and 6 have ratios of 0.52:1 to 0.80:1, superior to the subject. More frontage on the waterway increase visibility of activity there. The land in question is part of an old plat which most probably has to be updated or replatted before the site can be redeveloped. Platting is a key factor in stage of readiness for development, costing time and money to the property owner to accomplish. Land Sales 1, 4, 5 and 6 are platted and superior to Sales 2, 3 and the subject. The subject has an old seawall that would be replaced in construction of a project on the site. All of the sales except No. 2 have seawall and cap. They are superior to the Sale 2 and the subject. Sale 2 is similar to the subject in requiring a new security barrier. Cost of a seawall and cap varies, with an average price of about $1,000 per lineal foot for a substantial one fronting a major waterway. The ratings of the sales are shown on the Land Sales Comparison and Adjustment Chart. Use For sites to be comparable, they should have similar uses. The highest and best use for the appraised property is medium density residential, 11 units per acre. The land sales are in two groups of different densities than the subject, but are the market data that is available to compare to the subject. The common characteristic of the properties is that they all have a residential highest and best use. Hence, no adjustment is made for this element of comparison. (Continued) 67 187 SALES COMPARISON APPROACH (Continued) FINAL VALUATION The land sales are arrayed according to their overall adjustment toward the appraised property. Land Sale No. Overall Adjustment Adjusted Price/ SF 3 Similar $127.45 2 Similar $151.23 1 Superior $120.21 6 Superior $167.96 4 Superior $204.32 5 Superior $264.37 The adjusted unit prices for Land Sales 1 and 3 are close, with Sale 2 out of their range. More weight is placed on the Sales with the more similar adjusted unit prices. Sales 4, 5 and 6 are less superior to the subject and set the upper limit of the total range. No. 5 has the highest adjusted unit price, as it is the larger of these three sales and is under construction with a new high density project. The highest and best use of the appraised land is medium density; however, the specific use is uncertain. Considering all of the foregoing discussion, the unit value for the entire subject site is $120.00 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for residentially zoned, waterfront land similar enough to the appraised parcel. The quality of the data is good in that it provides a sound basis to develop opinions of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the entire Subject Property as of June 13, 2025 is: 55,046 square feet x $120.00 per square foot = (rounded to) VALUE BY SALE COMPARISON APPROACH $6,606,000 SIX MILLION SIX HUNDRED SIX THOUSAND DOLLARS Subdividing the entire site into sections of north 87 feet and south 60 feet, causes the north part to have a reduced frontage to depth ratio of 0.23:1. Further, as listed under weaknesses of the property, subdividing the site reduces the number of dwelling units possible and makes the tract less attractive for a developer to purchase. Also, subdividing the parcel would reduce the amenities that would be offered in the complex and reduce the price of a unit. For all of these reasons, the unit value for the north 87 feet is 10% less than the unit value for the entire site. Unit value for the north 87 feet is $108.00 per square foot. 32,546 square feet x $108.00 per square foot = (rounded to) VALUE BY SALE COMPARISON APPROACH $3,515,000 THREE MILLION FIVE HUNDRED FIFTEEN THOUSAND DOLLARS 68 188 CERTIFICATION I certify that, to the best of my knowledge and belief, the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475, Part II F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on June 7, 2025. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this certification. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the continuing education program for Designated Members of the Appraisal Institute. Continuing education programs are also completed for the American Society of Appraisers and the State of Florida. June 13, 2025 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certified General Real Estate Appraiser No. RZ-85 June 13, 2025 Claudia Vance, MAI Florida State-Certified General Real Estate Appraiser No. RZ-173 69 189 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report, subject to the limiting conditions hereafter cited, are correct to the best of the writers' knowledge. 1. The undersigned have personally inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included, the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters, nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple, unless excepted. 4. Legal descriptions and property dimensions have been furnished by others; no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication, duplication, or advertising using the writers’ names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land, improvements, etc., the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present, past or contemplated interest in the subject of this report - unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub-soil contamination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions, and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser No. RZ 85 June 13, 2025 Claudia Vance, MAI State-Certified General Real Estate Appraiser No. RZ 173 June 13, 2025 70 190 ADDENDA 71 191 72 192 73 193 74 194 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X ////////////////////////////146.70' (P)146.73' (M)´NEW PALM WAY15' W A L K (PLAT) OAK STREET LOT 13. H O M E S I T E (PLAT)PALM WAY (PLAT)R E S E R V E (PLAT) R E S E R V E (PLAT) 15' W A L K (PLAT)PALM WAY(PLAT)L A K E W O R T H(PLAT)146.70' (P)375.00' (P) 375.00' (P) ONE STORY RESIDENCE # 670 0SURVEYORS NOTES: (1). BEARINGS SHOWN HEREON ARE REFERENCED TO THE RECORD PLAT AND ARE ASSUMED. (2). LEGAL DESCRIPTION PROVIDED BY CLIENT UNLESS OTHERWISE NOTED. (3). NO UNDERGROUND IMPROVEMENTS LOCATED EXCEPT AS SHOWN. (4). THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT THEREFOR THE ONLY SURVEY MATTERS SHOWN ARE PER THE RECORD PLAT. THERE MAY BE ADDITIONAL MATTERS OF RECORD, NOT SHOWN WHICH CAN BE FOUND IN THE PUBLIC RECORDS OF THE CORRESPONDING COUNTY OF RECORD. (5). ELEVATIONS SHOWN REFER TO N.A.V.D. 88 AND WERE OBTAINED WITH GPS. LEGAL DESCRIPTION: THAT TRACT OF LAND MARKED ON W.S. SHEPARD'S PLAT OF THE SUBDIVISION OF THE SOUTH 1/2 OF FRACTIONAL SECTION 15, TOWNSHIP 45 SOUTH, RANGE 43 EAST, SAID PLAT BEING ON RECORD IN PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 8, PAGE 8, AND THE LAND BEING MARKED ON SAID PLAT "RESERVE" LYING EAST OF LOT 1, BLOCK 2, AND EXTENDING TO LAKE WORTH AND BEING 146.7 FEET NORTH AND SOUTH AND 400 FEET EAST AND WEST, MORE OR LESS, EXTENDING TO LAKE WORTH AND ALL RIPARIAN RIGHTS, LESS THE WEST 25 FEET THEREOF. ALSO THAT CERTAIN TRACT OF LAND BETWEEN THE NORTH AND SOUTH BOUNDARY LINES OF THE AFORESAID PARCELS OF LAND REFERRED TO HEREIN AS "RESERVE", SAID LAND BEING DESCRIBED AND DEDICATED AS PALM WAY ON THE AFOREMENTIONED W.S. SHEPARD'S PLAT. DATE OF FIRM: 12/20/2024 PANEL & SUFFIX: 0791 G COMMUNITY #: 120196 ZONE: AE 10FT (NAVD 88)PROPERTY ADDRESS: 670 OAK STREET, BOYNTON BEACH, FL 33435 DATE: SHEET # 1 OF 1 GL-12139 CHECKED BY: JSP CADD: J.A. SCALE: 1" = 30'FLOOD ZONE DATA:REVISIONS:Sketch of Survey GENERAL LEGEND: BCR = BROWARD COUNTY RECORDS BM = BENCHMARK CB = CATCH BASIN C/L = CENTERLINE CLF = CHAINLINK FENCE CLP = CONCRETE LIGHT POLE CBS = CONCRETE BLOCK STRUCTURE CONC = CONCRETE C/S = CONCRETE SLAB DE = DRAINAGE EASEMENT D = DELTA (CENTRAL ANGLE) E = EAST ELE = ELEVATION X 0.00' = EXISTING ELEVATION EOP = EDGE OF PAVEMENT EOW = EDGE OF WATER FF = FINISHED FLOOR FH = FIRE HYDRANT FN = FOUND NAIL INV = INVERT FIP = FOUND IRON PIPE FIR = FOUND IRON ROD FND = FOUND NAIL AND DISC L = ARC LENGTH MDCR = MIAMI DADE COUNTY RECORDS N = NORTH N/D = NAIL AND DISC MF = METAL FENCE ORB = OFFICIAL RECORDS BOOK O/S = OFFSET PB = PLAT BOOK PBCR = PALM BEACH RECORDS PC = POINT OF CURVATURE PG = PAGE PL = PROPERTY LINE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PVCF = PLASTIC FENCE R = RADIUS R/W = RIGHT OF WAY S = SOUTH S/W = SIDEWALK SIR = SET 1/2" IRON ROD SND = SET NAIL & DISC UE = UTILITY EASEMENT UP = UTILITY POLE W = WEST W/F = WOOD FENCE W/M = WATER METER JULIO S. PITA, P.L.S DATE PROFESSIONAL LAND SURVEYOR LICENSE No. LS 5789 STATE OF FLORIDA CERTIFIED TO: CERTIFICATION OF BOUNDARY SURVEY: I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF; THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 TO 17.052 FLORIDA ADINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. GAVY & ASSOCIATES, INC LAND SURVEYORS LB # 6971 2657 S.W. 145th AVENUE MIAMI, FL. 33175 PHONE: (305) 748 6507 1. CANEPA DEBORAH & 2. PICARDY SCOTT E 3. GOEBEL, LAUREN = UTILITY POLE 12/9/2024 75 195 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X ////////////////146.70' (P)146.73' (M)´NEW PALM WAY15' W A L K (PLAT) OAK STREET LOT 13. H O M E S I T E (PLAT)PALM WAY (PLAT)R E S E R V E (PLAT) R E S E R V E (PLAT) 15' W A L K (PLAT)PALM WAY(PLAT)L A K E W O R T H(PLAT)146.70' (P)375.00' (P) 375.00' (P) ONE STORY RESIDENCE # 670 ROW ABANDONMENT FUTURE PARK (WITH ROW ABANDONMENT) FUTURE PARK FUTURE HOME SITE NORTH 76 196 670 OAK STBOYNTON BEACH, FL 33435INTRACOASTAL WATERWAY-101 1112 2 2223 33333333344 4444445 5556 667OAK STREETDILAPIDATED WOOD DOCK (TYP)12INCH CONCRETE PILING (TYP)HARVEY E. OYER JR. PARKPROJECT LOCATIONSHEETCERTIFICATION:PREPARED FOR:JOSHUA LEE, PSMFLORIDA REGISTRATION LS7322 - CERTIFICATE OF AUTHORIZATION NO. 7324LAUREN GOEBEL (RICHTER)670 OAK STREETBOYNTON BEACH, FL 334351of 1DRAWN BY: CE CHECKED BY: JLJOB No.: 24-1954DATE: 11/21/24REV DESCRIPTION DATEBATHYMETRIC SURVEYHYDROGRAPHIC DATA ARE RELATIVE TO MEANLOW WATER AND REFERENCED TO FLORIDADEPARTMENT OF ENVIRONMENTAL PROTECTIONTIDE STATION NUMBER 872-2706.CONTOURS ARE AT 1' INTERVALS.SURVEY NOTES:1. THIS IS A BATHYMETRIC SURVEY AS DEFINED IN THE STANDARDS OF PRACTICE FOR SURVEYING AND MAPPING INCHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE.2. THIS SURVEY WAS CONDUCTED ON NOVEMBER 18, 20243. REFER TO SURVEY NO. 24-19544. THIS SURVEY IS CERTIFIED TO LAUREN GOEBEL (RICHTER)5. THIS SURVEY IS INTENDED EXCLUSIVELY FOR THE USE BY THOSE TO WHOM IT IS CERTIFIED. IT IS NOT TO BE USEDBY OTHERS FOR CONSTRUCTION, PERMITTING, DESIGN OR ANY OTHER USE WITHOUT THE WRITTEN CONSENT OFTERRAQUATIC, INC.6. THIS SURVEY, AND ANY REPRODUCTION THEREOF, IS NOT VALID WITHOUT AN ORIGINAL OR VERIFIED DIGITALSIGNATURE AND SEAL OF A FLORIDA REGISTERED SURVEYOR. ADDITIONALLY, THIS SURVEY IS NOT VALID IFPRINTED BEARING A DIGITAL SIGNATURE AND SEAL.7. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF ONE INCH EQUALS FORTY FEET OR SMALLER.8. UNDERGROUND UTILITIES WERE NOT LOCATED AS PART OF THIS SURVEY.9. GEOGRAPHIC AND PLANE COORDINATES SHOWN HERON ARE RELATIVE TO THE NORTH AMERICA DATUM OF1983, 1990 ADJUSTMENT (NAD 83/90), FLORIDA STATE PLANE, EAST ZONE (0901), TRANSVERSE MERCATORPROJECTION IN THE U.S. SURVEY FOOT UNIT OF MEASUREMENT.10. LOCATIONS OF ALL IMPROVEMENTS WERE OBTAINED USING REAL TIME KINEMATIC GPS METHODOLOGIES WITHBROADCAST CORRECTIONS FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION’S VIRTUAL REFERENCENETWORK AND ARE ACCURATE TO THIRD ORDER, CLASS II.11. THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE LOCATION OF PROPOSED IMPROVEMENTS RELATIVE TOTHE INTRACOASTAL WATERWAY NAVIGATION CHANNEL.12. HYDROGRAPHIC (BATHYMETRIC) DATA WERE COLLECTED UTILIZING AN ODOM CV100 SURVEY GRADE SOUNDERWITH A 200KHZ TRANSDUCER IN CONJUNCTION WITH REAL TIME KINEMATIC GPS METHODOLOGIES WITHBROADCAST CORRECTIONS FROM A CONVENTIONAL GPS BASE STATION AND ARE ACCURATE TO THIRD ORDER,CLASS II.13. HYDROGRAPHIC DATA ARE IN FEET RELATIVE TO MEAN LOW WATER AND REFERENCED TO FLORIDADEPARTMENT OF ENVIRONMENTAL PROTECTION TIDE STATION 872-2706 (PALM BEACH COUNTY).14. CONTOURS SHOWN HEREON WERE COMPUTER GENERATED AND INTERPOLATED FROM SURVEY DATACOLLECTED ALONG TWENTY-FIVE FOOT (25') SPACED TRANSECTS AND CAN ONLY BE CONSIDERED AS INDICATINGTHE GENERAL SEAFLOOR CONDITIONS EXISTING AT THE TIME OF THE SURVEY.15. DEPTHS SHOWN HEREON ARE BELOW THE REFERENCE PLANE UNLESS PRECEDED BY A PLUS (+). FLORIDAVICINITY MAPSNOT TO SCALEINTRACOASTAL WATERWAYOAK STPROJECTLOCATIONSURVEY SITENWESHORIZONTAL SCALE: 1" = 40'80'40'20'0'BATHYMETRIC SURVEY670 OAK STREETCONTOUR CHARTBOYNTON BEACH - PALM BEACH COUNTY, FLORIDACERTIFICATION:I HEREBY CERTIFY THAT THE ATTACHED BATHYMETRIC SURVEY IS TRUEAND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF ASSURVEYED UNDER MY DIRECTION ON NOVEMBER 18, 2024. I FURTHERCERTIFY THAT THIS SPECIFIC PURPOSE SURVEY MEETS THE STANDARDSOF PRACTICE AS SET FORTH IN CHAPTER 5J-17 ADOPTED BY THEFLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TOFLORIDA STATUTE 472.027.1220 TANGELO TERR, UNIT A12, DELRAY BEACH, FLORIDA 33444 TERRAQUATIC, INC. | PHONE: (561) 806-6085LOCATION MAPVICINITY MAPDRAWING: 670 OAK STREET.dwgLOCAL VERTICAL DATUM DIAGRAMNAVD-88MLW-2.16'MHW+0.31'-3'-2'-1'-0'0'1'2'3'4'5'6'7'MEAN LOW WATER DEPTHS IN FEET LEGEND:APX APPROXIMATE℄CENTERLINELB LICENSED BUSINESSPSM PROFESSIONAL SURVEYOR AND MAPPERMLW MEAN LOW WATERNAVD-88 NORTH AMERICAN VERTICAL DATUM OF 1988NGVD-29 NATIONAL GEODETIC VERTICAL DATUM OF 1929TYP TYPICALMHW MEAN HIGH WATERNL/D NAIL AND DISKFND FOUNDELEV ELEVATION77197 AERIAL VIEW OF THE APPRAISED PROPERTY ON THE NATIONAL WETLAND INVENTORY MAP 78 198 APPRAISED PROPERTY BATHYMETRIC SURVEY EXCERPT 79 199 80 200 F. R-3 Multi-family Residential District. 1. General. The purpose of the R-3 zoning district is to implement the medium density residential (MDR) future land use map (FLUM) classifications of the Comprehensive Plan. The intent of this conventional district, with a maximum density of eleven (11) dwelling units per acre, is to encourage vertical structures and viable multiple-family living environments. The preferred development pattern shall be designed such that it would provide adequate buffering, graduation of uses, and a layout that considers and complements adjacent uses and districts. Ideally, the R-3 district should be in close proximity to large concentrations of business and employment activities, as well as near sufficient roadways and public transportation routes. Site design should encourage safe traffic patterns, ingress and egress, adequate light, drainage, off-street parking, open space, on-site recreation areas, and community meeting provisions for the inhabitants. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-10). a. Existing and/or future single-family dwellings shall conform to the building and site regulations of the R-1 district (see Table 3-8 in Section 2.D.3. above). b. Duplex dwellings shall conform to the building and site regulations of the R-2 district (see Table 3-9 in Section 2.E.3. above). c. Multiple-family and group homes shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "residential uses". d. All uses, excluding single-family, duplex, multi-family, and group homes, shall conform to the lot and building requirements of that portion of Table 3-10 below pertaining to "non-residential uses". BUILDING/SITE REGULATIONS R-3 District BUILDING/SITE REGULATIONS R-3 District (Residential Uses) Minimum lot area (per unit): 4,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet 81 201 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum structure height: 45 feet (Non-Residential Uses) Minimum lot area: 20,000 s.f. Minimum lot frontage: 100 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: 750 sq. ft. per unit Maximum lot coverage: 40% Maximum structure height: 45 feet 4. Accessory Structures. Walls, fences, pools, sheds, screen-roof enclosures, and other structures are regulated in accordance with Chapter 3, Article V, Supplemental Regulations. 82 202 83 203 84 204 85 205 SUMMARY OF USPAP (Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form, format, or style of real property appraisal reports. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report m ust: (a) clearly and accurately set forth the appraisal in a manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS RULE 2-2 Each written real property appraisal report m ust be prepared under one of the following options and prominently state which option is used: Appraisal Report or Restricted Appraisal Report. An appraiser may use any other label in addition to, but not in place of, the labels set forth in this Standards Rule for the type of report produced. The use of additional labels such as analysis, consultation, evaluation, study, or valuation does not exempt an appraiser from adherence to USPAP. The report content and level of information requirements in this Standards Rule are minimal for each type of report. An appraiser must supplement a report form, when necessary, to insure that any intended user of the appraisal is not misled and that the report complies with the applicable content requirements. (a) The content of an appraisal report must be appropriate for the intended use or the appraisal and, at a minimum: (i) state the identity of the client, or if the client requested anonymity, state that the identity is withheld at the client’s request but is retained in the appraiser’s workfile; (ii) state the identity of any other intended users by name or type; (iii) state the intended use of the appraisal; (iv) contain information, documents, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (v) state the real property interest appraised; (vi) state the type and definition of value and cite the source of the definition; (vii) state the effective date of the appraisal and the date of the report; (viii) summarize the scope of work used to develop the appraisal; (ix) summarize the extent of any significant real property appraisal assistance; 86 206 SUMMARY OF USPAP (Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting (x) provide sufficient information to indicate that the appraiser complied with the requirements of STANDARD 1 by: (1) summarizing the appraisal methods and techniques employed; (2) stating the reasons for excluding the sales comparison, cost, or income approach(es) if any have not been developed; (3) summarizing the results of analyzing the subject sales, options, and listings in accordance with Standards Rule 1-5; (4) stating the value opinion(s) and conclusions(s); and (5) summarizing the information analyzed and the reasoning that supports the analyses opinions, and conclusions, including reconciliation of the data and approaches; (xi) state the use of the real estate existing as of the effective date and the use of the real estate reflected in the appraisal; (xii) when an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; (xiii) clearly and conspicuously: • state all extraordinary assumptions and hypothetical conditions, and • state that their use might have affected the assignment results, and (xiv) include a signed certification in accordance with Standards Rule 2-1. STANDARDS RULE 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. 87 207 475.611 Florida Statutes: Definitions.- (1) As used in this part, the term: (a) “Appraisal” or “Appraisal Services” means the services provided by certified and licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assi gnment" denotes an engagement for which a person is employed or retained to act, or coul d be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, val ue, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assi gnment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and incl udes specialized marketi ng, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retai ned to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or "foundation" me ans the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communicati on, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opini on, or conclusion relating to the nature, quality, val ue, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysi s, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be wri tten. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financi al Institutions Exami nation Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser" means any person who i s a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of 95.11(4)(a). (g) "Board" means the Fl orida Real Estate Appraisal Board established under thi s section. (h) “Certified General Appraiser” means a person who is certified by the department as qualified to issue appraisal reports for any type of real property (i) "Certified Residential Appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four resi dential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulati on. (j) "Department" means the Department of Busi ness and Professi onal Regulati on. 88 208 2020 FLORIDA STATUTES 475.628 Professional standards for appraisers registered, licensed, or certified under this part.— (1) The board shall adopt rules establishing standards of professional practice which meet or exceed nationally recognized standards of appraisal practice, including standards adopted by the Appraisal Standards Board of the Appraisal Foundation. Each appraiser registered, licensed, or certified under this part must comply with the rules. Statements on appraisal standards which may be issued for the purpose of clarification, interpretation, explanation, or elaboration through the Appraisal Foundation are binding on any appraiser registered, licensed, or certified under this part, upon adoption by rule of the board. (2) The board may adopt rules establishing standards of professional practice other than standards adopted by the Appraisal Standards Board of the Appraisal Foundation for nonfederally related transactions. The board shall require that when performing an appraisal or appraisal service for any purpose other than a federally related transaction, an appraiser must comply with the Ethics and Competency Rules of the standards adopted by the Appraisal Standards Board of the Appraisal Foundation, and other requirements as determined by rule of the board. An assignment completed using alternate standards does not satisfy the experience requirements under s. 475.617 unless the assignment complies with the standards adopted by the Appraisal Standards Board of the Appraisal Foundation. History.—ss. 9, 11, ch. 91-89; s. 4, ch. 91-429; s. 35, ch. 98-250; s. 22, ch. 2012-61; s. 9, ch. 2017-30. Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS Chapter 475 REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS View Entire Chapter 89 209 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser · Real Estate Analyst · Reviewer · Expert Witness Vance Real Estate Service · 7481 NW 4 Street · Plantation · Florida · 33317 Office: 954·583·2116; Cell: 954·610·2423; Email: vanceval@comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 45 years. Designated appraisers perform the appraisal work, no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers, we perform most other real property functions. We also do “Valuations for Financial Reporting.” PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ DEGREES/ LICENSES & CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS (RE-Urban) #003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER #RZ-85 (Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO. BK. 91050 REGISTERED VETERAN-OWNED SMALL BUSINESS (CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE (Minority Business Enterprise - MBE) FLORIDA “D.E.P.” APPROVED APPRAISER B) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1. U.S. Court of Appeals, Eleventh Circuit 2. U.S. District Court, Southern District of South Florida 3. U.S. District Court, New Jersey 4. U.S. Bankruptcy Court, Southern District of Florida 5. U.S. Bankruptcy Court, District of New Jersey 6. U.S. Bankruptcy Court, Western (Pittsburgh) Division of Pennsylvania 7. Florida Circuit Courts: Broward, Dade, Palm Beach, Lee, Collier, Martin, and Okeechobee Counties 8. Appraiser on landmark eminent domain cases: TESSLER, NESS TRAILER PARK, PATEL, SIMPSON v. FILLICHIO, RUBANO, PALM BEACH COUNTY (FL) vs. COVE CLUB INVESTORS, LTD. C) EXPERIENCE Over thirty-five (35) years appraising and analyzing real property interests in South Florida. Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS & NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS, etc. 90 210 D) PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH, COLLIER, OKEECHOBEE; BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS; OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U.S. TREASURY DEPARTMENT (General Counsel, I.R.S.); U.S. MARSHAL'S SERVICE – U.S. ATTORNEY’S OFFICE CENTRAL DIVISION – U.S. Dept. of Justice; VETERANS ADMINISTRATION E) EDUCATIONAL BACKGROUND - (Partial List) ACADEMIC: BACHELOR OF ARTS - Earlham College, Richmond, Indiana (1954) MBA (Nova University) - Real Estate Management & Development (National Dean's List 1991) Professional: Qualifying courses for the SRA and SREA designations from the Society of Real Estate Appraisers Qualifying courses for the MAI designation from the Appraisal Institute F) APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach (Certificate No. 275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars - Board of Realtors, ASA, SREA, and AI (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G) PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D. MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006- 2008) AWARD - Appraisal Institute “NATIONAL PRESIDENTS AWARD” 2008 AWARD - Appraisal Institute “LIFETIME ACHIEVEMENT AWARD” 2011 For “high ethical standards, contributions to the Appraisal Institute, Community and Appraisal Profession for at least 20 years.” CHAIR - REGION X - All of Florida - Appraisal Institute (2008) VICE-CHAIR - REGION X - All of Florida - Appraisal Institute (2007) THIRD DIRECTOR - REGION X - All of Florida - Appraisal Institute (2006) FINANCE OFFICER - REGION X – All of Florida – Appraisal Institute (2006) PRESIDENT - BROWARD COUNTY, SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY, AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA. STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF AI CHAIR - FLA. STATE LEGISLATION & REGULATION SUBCOMMITTEE OF AI G) PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE, FT. LAUDERDALE CHAPTER AI CHAIR - CANDIDATES GUIDANCE COMMITTEE, FT .LAUDERDALE CHAPTER AI CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF AI VICE CHAIR & MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF AI (15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF AI MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF AI DIRECTOR - REGION X (Florida ) Appraisal Institute MEMBER - REGION X (FLORIDA) ETHICS AND COUNSELING PANEL 91 211 DIRECTOR - BROWARD COUNTY, FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF AI SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT, Broward County, FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H) PROFESSIONAL PUBLICATIONS & PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div. of the Dept. of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in "The Legislation, Regulation and Appraisal of Real Property Rights in Florida September 7, 1996. Presentation on “Gramm-Leach -Bliley” Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24, 2001. Presented 3-hour Florida CEU-credit seminar on “Appraisers and the Gramm-Leach-Bliley Act” before the South Florida Chapter of the Appraisal Institute on July 27, 2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain, “Valuation and Damage Issues” February 2, 2006, Fort Lauderdale, Florida I) CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL / PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP ("BYBLOS") MEMBER CIRCLE OF FRIENDS – NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE / BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF’S ASSOCIATION MEMBER NATIONAL & FT. LAUDERDALE COUNCILS U.S. NAVY LEAGUE U.S. ARMY VETERAN WWII (RA 17212681) - HONORABLE DISCHARGE 1949 92 212 Claudia Vance, MAI Appraiser · Real Estate Analyst · Reviewer Vance Real Estate Service · 7481 NW 4 Street · Plantation · FL · 33317 Office: 954·583·2116 Cell: 954·647·7148 Email: vanceval@att.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 40 years. Designated appraisers perform the appraisal work, no trainees. Our appraisals are used for financial/ mortgage loan purposes from large mixed use complexes to small owner - occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B. Vance, Jr., MAI, SRA, ASA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, deficiency judgments, marriage dissolution, and estates. Our firm values most types of real property interests, timely, professionally, and at competitive costs. PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ LICENSES MAI Designation - APPRAISAL INSTITUTE No. 9451 State-Certified General Real Estate Appraiser No. RZ-173 Florida State Licensed Real Estate Broker No. BK 0161305 VOSB Veteran-Owned Small Business (CCR/Duns 826494957) B) WORK HISTORY 1983 - Current Vice President - Vance Real Estate Service 1981 – 1983 President - The Appraisal Company, Fort Lauderdale, Florida C) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S. Bankruptcy Court, Southern District of Florida Florida Circuit Court: Broward County D) PROFESSIONAL DEVELOPMENT PROGRAM REGISTRIES Valuation of Sustainable Buildings: Commercial Valuation of Sustainable Buildings: Residential E) EXPERIENCE: 40+years appraising and analyzing real property interests in South Florida. F) APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 Partial list of real property types valued: High value residences, Condominiums/ Co -operatives, Office, Industrial, Multi-family, Restaurants/ bars, Auto dealerships, City Centers, Hotels/ motels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use, Nursing homes, Gas sales stations, Marinas, Mobile home parks, Shopping centers, Country clubs/ golf courses, Financial institutions, Bowling centers, Vacant land, Agricultural properties, Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations, Estate planning, Marriage dissolution, Land use studies, Damage/ Contamination studies 93 213 G) PARTIAL LIST OF CLIENTS – PRIVATE: Individuals, Corporations, Attorneys, Accountants, Habitat for Humanity, Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; Citigroup; Space Coast Credit Union; State Farm Bank; Florida Shores Bank; American National Bank; Landmark Bank; City National Bank; Evermore Bank National Bank SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, North Lauderdale, Davie, Pembroke Pines, Hallandale Beach, Lauderhill, Southwest Ranches, Miramar, Boca Raton, Boynton Beach, West Palm Beach, Delray Beach FLORIDA COUNTIES and AGENCIES: Broward, Palm Beach, Broward County Board of County Commissioners, School Board of Broward County, Broward County Housing Authority, Fort Lauderdale Community Redevelopment Agency, Boynton Beach Community Redevelopment Agency STATE OF FLORIDA Department of Transportation (FDOT), Department of Environmental Protection U.S. Department of Veterans Affairs, U.S. Department of Treasury (IRS), U.S Marshall’s Service, U.S. Attorney H) EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree – University of New Orleans, New Orleans, LA – Major: English Professional: Qualifying courses for the MAI designation I) PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006 – 2009 President of the South Florida Chapter of the Appraisal Institute - 2003 First Vice-President of the South Florida Chapter of the Appraisal Institute -2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute -2001 Secretary of the South Florida Chapter of the Appraisal Institute -2000 Treasurer of the South Florida Chapter of the Appraisal Institute - 1999 Chair of the Education Committee of the S. Florida Chapter of the Appraisal Institute - 1995, 1996, 1997, 1998, 2007- 2018 Director of the South Florida Chapter of the Appraisal Institute 1996 - 1998 Member of Region X (Florida) Ethics and Counseling Panel –AI Newsletter Editor of the South Florida Chapter of the Appraisal Institute – 2020-current Graduate of the Florida REALTORS Institute (GRI) J) CIVIC INVOLVEMENT Member of the Navy League of the United States – Fort Lauderdale Council Lifetime Honorary Member- Florida Sheriff’s Association Member of Zeta Tau Alpha Alumnae Fraternity 94 214 215 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X ////////////////////////////146.70' (P)146.73' (M)´NEW PALM WAY15' W A L K (PLAT) OAK STREET LOT 13. H O M E S I T E (PLAT)PALM WAY (PLAT)R E S E R V E (PLAT) R E S E R V E (PLAT) 15' W A L K (PLAT)PALM WAY(PLAT)L A K E W O R T H(PLAT)146.70' (P)375.00' (P) 375.00' (P) ONE STORY RESIDENCE # 670 0SURVEYORS NOTES: (1). BEARINGS SHOWN HEREON ARE REFERENCED TO THE RECORD PLAT AND ARE ASSUMED. (2). LEGAL DESCRIPTION PROVIDED BY CLIENT UNLESS OTHERWISE NOTED. (3). NO UNDERGROUND IMPROVEMENTS LOCATED EXCEPT AS SHOWN. (4). THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT THEREFOR THE ONLY SURVEY MATTERS SHOWN ARE PER THE RECORD PLAT. THERE MAY BE ADDITIONAL MATTERS OF RECORD, NOT SHOWN WHICH CAN BE FOUND IN THE PUBLIC RECORDS OF THE CORRESPONDING COUNTY OF RECORD. (5). ELEVATIONS SHOWN REFER TO N.A.V.D. 88 AND WERE OBTAINED WITH GPS. LEGAL DESCRIPTION: THAT TRACT OF LAND MARKED ON W.S. SHEPARD'S PLAT OF THE SUBDIVISION OF THE SOUTH 1/2 OF FRACTIONAL SECTION 15, TOWNSHIP 45 SOUTH, RANGE 43 EAST, SAID PLAT BEING ON RECORD IN PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 8, PAGE 8, AND THE LAND BEING MARKED ON SAID PLAT "RESERVE" LYING EAST OF LOT 1, BLOCK 2, AND EXTENDING TO LAKE WORTH AND BEING 146.7 FEET NORTH AND SOUTH AND 400 FEET EAST AND WEST, MORE OR LESS, EXTENDING TO LAKE WORTH AND ALL RIPARIAN RIGHTS, LESS THE WEST 25 FEET THEREOF. ALSO THAT CERTAIN TRACT OF LAND BETWEEN THE NORTH AND SOUTH BOUNDARY LINES OF THE AFORESAID PARCELS OF LAND REFERRED TO HEREIN AS "RESERVE", SAID LAND BEING DESCRIBED AND DEDICATED AS PALM WAY ON THE AFOREMENTIONED W.S. SHEPARD'S PLAT. DATE OF FIRM: 12/20/2024 PANEL & SUFFIX: 0791 G COMMUNITY #: 120196 ZONE: AE 10FT (NAVD 88)PROPERTY ADDRESS: 670 OAK STREET, BOYNTON BEACH, FL 33435 DATE: SHEET # 1 OF 1 GL-12139 CHECKED BY: JSP CADD: J.A. SCALE: 1" = 30'FLOOD ZONE DATA:REVISIONS:Sketch of Survey GENERAL LEGEND: BCR = BROWARD COUNTY RECORDS BM = BENCHMARK CB = CATCH BASIN C/L = CENTERLINE CLF = CHAINLINK FENCE CLP = CONCRETE LIGHT POLE CBS = CONCRETE BLOCK STRUCTURE CONC = CONCRETE C/S = CONCRETE SLAB DE = DRAINAGE EASEMENT D = DELTA (CENTRAL ANGLE) E = EAST ELE = ELEVATION X 0.00' = EXISTING ELEVATION EOP = EDGE OF PAVEMENT EOW = EDGE OF WATER FF = FINISHED FLOOR FH = FIRE HYDRANT FN = FOUND NAIL INV = INVERT FIP = FOUND IRON PIPE FIR = FOUND IRON ROD FND = FOUND NAIL AND DISC L = ARC LENGTH MDCR = MIAMI DADE COUNTY RECORDS N = NORTH N/D = NAIL AND DISC MF = METAL FENCE ORB = OFFICIAL RECORDS BOOK O/S = OFFSET PB = PLAT BOOK PBCR = PALM BEACH RECORDS PC = POINT OF CURVATURE PG = PAGE PL = PROPERTY LINE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PVCF = PLASTIC FENCE R = RADIUS R/W = RIGHT OF WAY S = SOUTH S/W = SIDEWALK SIR = SET 1/2" IRON ROD SND = SET NAIL & DISC UE = UTILITY EASEMENT UP = UTILITY POLE W = WEST W/F = WOOD FENCE W/M = WATER METER JULIO S. PITA, P.L.S DATE PROFESSIONAL LAND SURVEYOR LICENSE No. LS 5789 STATE OF FLORIDA CERTIFIED TO: CERTIFICATION OF BOUNDARY SURVEY: I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF; THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17.050 TO 17.052 FLORIDA ADINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. GAVY & ASSOCIATES, INC LAND SURVEYORS LB # 6971 2657 S.W. 145th AVENUE MIAMI, FL. 33175 PHONE: (305) 748 6507 1. CANEPA DEBORAH & 2. PICARDY SCOTT E 3. GOEBEL, LAUREN = UTILITY POLE 12/9/2024 216 Parking 217 4923-9816-1252, v. 1 KEY TERM AND CONDITION SHEET 670 Oak Street, Boynton Beach, FL Proposed Terms of Contract Between City and Sellers Deborah Canepa and Scott Picardy, with funding from CRA through an interlocal agreement with the City I. Terms & Conditions Effective Date: Date of signed agreement. Purchase Price: $6,800,000.00 (Six Million Eight Hundred Thousand Dollars) Deposit, Primary: $300,000, within five business days of contract, refundable prior to expiration of the Feasibility Period. Deposit, Secondary: $5,000, due end of Inspection Period, non-refundable unless specified exception; deposit amounts will serve as a creditor toward purchase price. Deposit Returnable: Seller’s default, failure of Seller to satisfy conditions precedent. Closing Req.: 1) No pending or threatened litigation or administrative proceedings concerning property, 2) property delivered unoccupied, and 3) marketable title. Closing Date: 120 Days from Effective Date. Title Conveyance: Via Warranty Deed with Title Commitment fee simple, free and clear other than Permitted Exceptions. Feasibility Period: 60 days from Effective Date, right to inquire and make investigation of the property. 218 4923-9816-1252, v. 1 Taxes: Prorated. Broker Fees: Paid by Seller Closing Costs: Seller to pay documentary stamps, recording, and costs associated with curing titles, Purchaser to pay the rest including title search, survey costs, and escrow fees. Each party bears own attorney fees and costs. II. Restrictive Covenant: Recording: At closing, simultaneous with deed. Terms: Terms to by finalized by City and Sellers  Height Restrictions (36’ or two stories)  Parking  Retention of residential development rights III. Intended Purpose: Public Park Anticipated enhancement of surrounding property values and related economic development IV. CRA Plan Consistent with the CRA Plan, the acquisition would:  Create, improve and promote the public waterfront areas and public open spaces, parks, greenways, blueways and bikeways.  Encourage public waterfront access -end- 219 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Resolution No. R25-274- Authorizing the City to apply for the 2024 Community Forestry Capacity Grant offered by the Florida Department of Agriculture and Consumer Services in the amount of $50,000, and if awarded, execute all future documents associated with the grant, subject to the approval of the City Attorney. Requested Action: Staff recommends approval of Proposed Resolution No. R25-274. Explanation of Request: As part of the U.S. Forest Service Urban and Community Forestry Matching Grant Program, the City of Boynton Beach will apply for funding to support its urban forestry initiative. The grant program provides a 50-50 matching grant (50% federal- 50% applicant) to local governments for the development or enhancement of community forestry programs. The City of Boynton Beach will apply for funding to support its Forestry Initiative under one of the five eligible categories of the grant: Public Tree Canopy Improvement (Tree Planting), Public Tree Inventory or Urban Tree Canopy Assessment, Urban Forest Management Planning, Urban Forestry Information and Education, or the Development of Municipal Tree Nurseries to increase the availability of biodiverse species for public tree canopy improvement projects. The City will request funding in the amount of $50,000. The application is due on October 20, 2025. How will this affect city programs or services? This project will enhance the City’s environmental sustainability and beautification programs by expanding the urban tree canopy, improving air quality, and providing shade in public spaces. It will also support the City’s long-term goals for climate resilience and community well-being, while promoting education and awareness of the importance of urban forestry. Account Line Item and Description: Grant account. Budget Account: 131-2419-559.31-90 (50%match) Fiscal Impact: The 2024 Community Forestry Capacity Grant offered by the Florida Department of Agriculture and Consumer Services is expected to fund $50,000 for the total project. City fiscal 220 impact of $50,000. Attachments: R25-274 Agenda_Item_3805- 2025_Resolution_for_2024_Community_Forestry_Capacity_Grant (1).docx Attachment 1-NOFFA 24 Community Forestry Capacity Grants.pdf Atachment 2- 24 Community Forestry Capacity Grant Application.pdf 221 RESOLUTION NO. R25-274 1 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, AUTHORIZING THE CITY’S APPLICATION FOR THE 4 2024 COMMUNITY FORESTRY CAPACITY GRANTS FROM THE FLORIDA 5 DEPARTMENT OF AGRICULTURE AND CONSUMER IN THE AMOUNT 6 OF $50,000, AND IF AWARDED, AUTHORIZING THE CITY TO ACCEPT 7 THE GRANT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL 8 DOCUMENTS ASSOCIATED WITH THE GRANT; AND FOR ALL OTHER 9 PURPOSES. 10 11 WHEREAS, the Florida Department of Agriculture and Consumer Services is offering a 12 funding opportunity for the 2024 Community Forestry Capacity Grants. The purpose of Florida’s 13 Community Forestry Capacity grant program is to provide financial assistance to local 14 governments, Native American tribal governments, volunteer groups, nonprofit organizations, 15 and educational institutions to initiate or enhance local urban and community forestry programs 16 and improve the urban environment within the State of Florida. The primary purpose of the grant 17 program is to promote better forest management and the resources necessary for the retention 18 and expansion of community tree canopy throughout the State of Florida; and 19 WHEREAS, the City will request funding in the amount of $50,000, with a 50/50 match, 20 50% federal and 50% applicant, to support its urban forestry initiative; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the city's citizens and residents to authorize the City’s application for the 2024 23 Community Forestry Capacity Grants from the Florida Department of Agriculture and Consumer 24 Services, in the amount of $50,000, and if awarded, authorize the City to accept the Grant and 25 execute all future documents associated with the grant. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 authorize the City to apply for the 2024 Community Forestry Capacity Grants from the Florida 32 Department of Agriculture and Consumer Services, in the amount of $50,000, and if awarded, 33 222 authorize the City to accept the Grant. 34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 35 authorize the Mayor to execute the Grant application, and if awarded, the Grant Agreement, and 36 any other document associated with applying for and accepting the Grant that does not otherwise 37 increase the financial obligations of the City, subject to the approval of the City Attorney’s Office. 38 SECTION 4. This Resolution shall take effect in accordance with the law. 39 40 [SIGNATURES ON THE FOLLOWING PAGE] 41 42 43 223 44 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 Mayor – Rebecca Shelton _____ _____ 48 49 Vice Mayor – Woodrow L. Hay _____ _____ 50 51 Commissioner – Angela Cruz _____ _____ 52 53 Commissioner – Thomas Turkin _____ _____ 54 55 Commissioner – Aimee Kelley _____ _____ 56 57 VOTE ______ 58 ATTEST: 59 60 _____________________________ ______________________________ 61 Maylee De Jesús, MPA, MMC Rebecca Shelton 62 City Clerk Mayor 63 64 APPROVED AS TO FORM: 65 (Corporate Seal) 66 67 _______________________________ 68 Shawna G. Lamb 69 City Attorney 70 224 FDACS- 02031 Rev. 02/23 Page 1 of 14 Florida Department of Agriculture and Consumer Services Division of Administration NOTICE OF FEDERAL FINANCIAL ASSISTANCE FUNDING OPPORTUNITY REQUEST FOR APPLICATIONS 2 CFR 200 Funding Opportunity Number 24-DG-11083112-001 I. Overview Recipient: Florida Department of Agriculture and Consumer Services (FDACS) Funding Opportunity Title: 2024 Community Forestry Capacity Grants Announcement Type: Request for Federal Financial Assistance Applications Initial Announcement Funding Opportunity Number: 24-DG-11083112-001 Catalog of Federal Domestic Assistance (CFDA) Number: 10.664 Federal Agency Name: USDA Forest Service The information requested is pursuant to 2 CFR 200 and the federal awarding agency statutory authority. II. Federal Financial Assistance Funding Opportunity Description The purpose of Florida’s Community Forestry Capacity grant program (CFC) is to provide financial assistance to local governments, Native American tribal governments, volunteer groups, nonprofit organizations, and educational institutions to initiate or enhance local urban and community forestry programs and improve the urban environment within the State of Florida. We anticipate awarding $670,000 to applicants through this Funding Opportunity. The primary purpose of this CFC grant program is to promote better urban forest management and the resources necessary for the retention and expansion of community tree canopy throughout the State of Florida. Trees are a vital component of urban infrastructure but must be properly managed to maximize the benefits they provide to the community. By properly managing their tree infrastructure, communities can increase property values, tourism appeal, and the physical and mental health of residents, while reducing storm water runoff, energy consumption, and air and water pollution. Community forest management also helps to identify public safety hazards to residents and structures and is a useful tool in storm preparation. Local community leaders and the public are encouraged to learn more about how their urban trees benefit their community from an economic, social, and environmental standpoint. They are also encouraged to learn about proper species selection, planting, and care for trees to minimize future maintenance problems and how to utilize green infrastructure to reduce storm water runoff. No more than 60% of the available funding will be allocated to tree planting practices. The maximum grant allocation is $50,000 for each category and each applicant. Practices may be implemented on county or municipally owned lands, including parks or natural areas, as well as WILTON SIMPSON COMMISSIONER 225 FDACS- 02031 Rev. 02/23 Page 2 of 14 highway and street rights-of-way not maintained by the Federal government. Funds will be allocated to regions with priority given to communities showing greatest demonstrated need. Entities may submit multiple applications if there are multiple, unique projects that they would like to have funded through this program. However, the applicant must submit a full and complete application for each proposed project. FDACS, Florida Forest Service (FFS) is requesting applications that include, but are not limited to: • Planting trees in areas where they would provide tangible benefits to Floridians through energy reduction, mitigating urban heat, water or air quality improvement, stormwater runoff avoidance, or increased greenspace accessibility; • Establishing a food forest or urban orchard (as a public tree canopy improvement project); • Conducting a tree inventory of public areas and assess the condition of individual trees; • Conducting an urban tree canopy assessment to gather information about how much tree canopy is in the area and how it is distributed across the landscape; • Developing an urban forest management plan; • Implement informational and educational programs to improve the understanding of residents and local officials of the benefits of maintaining a healthy tree canopy; and • Developing a workforce development program to educate students and residents about career opportunities in the green industry and provide them with hands on experience to give them the necessary skills. Scope: There are 5 categories: 1. Public Tree Canopy Improvement (Tree Planting) 2. Public Tree Inventory or Urban Tree Canopy Assessment 3. Urban Forest Management Planning 4. Urban Forestry Information and Education 5. Development of municipal tree nurseries to increase the availability of biodiverse species for utilization in public tree canopy improvement projects. Category 1: Public Tree Canopy Improvement (Tree Planting) This category is provided for the purchase and installation of replacement or additional community trees on public rights-of-way, in parks or other public spaces. Funding may be used solely for purchase and installation of trees. Planting of complimentary shrubs and ground covers may be submitted as matching funds only. Additionally, maintenance or removal of dead, damaged, or living trees cannot be considered for funding under this grant program. Eligible planting projects include: a. Planting of trees along rights of way or in publicly owned, publicly accessible areas for the benefit of the whole community. b. Replacement of dead, diseased, or over mature trees in public areas. Or replacement of non- native exotic or invasive species with more appropriate species for the climate and the site. Again, maintenance or removal of these trees are not acceptable project costs, but the replacement of these trees can be considered for funding. c. New appropriate tree plantings in areas where the trees will serve as windbreaks, reduce storm water runoff, help control erosion, mitigate urban heat, and improve water quality. d. Installation of trees as part of a green infrastructure demonstration project such as bioswales, green roofs, bioretention areas, or pervious pavement. e. Establishment of a food forest or urban orchard as an educational resource or to help provide produce to urban food deserts. 226 FDACS- 02031 Rev. 02/23 Page 3 of 14 Tree Planting Requirements: 1. Trees/palms (including those planted as part of the local match) must be Florida Grade #1 or better (Florida Division of Plant Industry, Grades and Standards). 2. Trees may not exceed a 4-inch caliper. Palms may not be taller than 16 feet, clear trunk. 3. Minimum tree size is 1½ inch caliper, in at least a 15-gallon container. 4. At least four tree species native or naturalized to the area and suitable for the site and objective must be planted. No species may represent over 25% of the total number of trees planted during the project. EXCEPTION: food forest and urban orchard projects can utilize non- native fruit and nut tree varieties, if the species are documented to do well in Florida and are not listed on the Florida Invasive Species Council’s invasive species list. 5. Up to ten percent (10%) of the grant award may be used for the purchase and/or installation of irrigation equipment or an irrigation system, or for supplemental watering during the 60-day grow-in period. 6. Trees listed on the Florida Invasive Species Council’s MOST RECENT list of Florida’s Invasive Species may not be planted as any part of this grant program. The list may be found on the internet at https://floridainvasivespecies.org/ 7. Maximum allowable cost per individual tree or palm is $600, which can be split between grant and match for purchase and planting. 8. Written approval is required (as part of the proposal) from the Florida Department of Transportation for planting and maintenance on any state right-of-way. 9. Eligible multi-stemmed tree species include only those listed on the Right Tree/Right Place posters produced by the Florida Urban Forestry Council, unless FFS permission is granted for another species. Applicants interested in using multi-stemmed species should submit their application with any proposed species, and acceptance of the application will indicate acceptance of this species’ utilization, unless otherwise notified. 10. A maximum of $15 per tree may be spent on planting materials only during the 60 day grow- in period. 11. Purchase and planting of shrubs and ground covers in conjunction with tree planting may only serve as a matching cost, and as such cannot be reimbursed. 12. Applications must include the following information: a. A location map. b. A minimum of three-color photographs of the planting site. c. A detailed planting plan (site plan) which shows the location of the trees/palms, existing structures, and site limitations such as underground utilities and overhead wires. d. Written approval from the Florida Department of Transportation for planting and maintenance on the State right-of-way (if applicable). e. A three (3)-year maintenance plan to be carried out by the grant recipient at their expense. (Maintenance costs incurred after certification by the Florida Forest Service are ineligible for reimbursement.) f. A resolution by the managing agency of the property (if different from the applicant) stating that they concur with the grant proposal and maintenance plan. 13. A 60-day “grow-in period” is required prior to Certification of Acceptance by the Department and the processing of a final reimbursement. The application should also state how the trees will be watered and cared for during the grow-in period. 14. Tree Plantings must follow established procedures for handling, placement, and maintenance. Refer to http://hort.ifas.ufl.edu/woody for additional guidance. 15. After tree planting is completed, an iTree Design project report is required to be submitted prior to the processing of the final reimbursement. This tool estimates the future reduction in storm water runoff and increase in water quality over the life of the planted trees. The report should include assessments for years 5, 15, and 25. iTree Design is an easy to use and free program that can be found at https://design.itreetools.org/. 227 FDACS- 02031 Rev. 02/23 Page 4 of 14 Category 2: Public Tree Inventory or Urban Tree Canopy Assessment This category is provided for communities to develop or enhance inventories/assessments of public trees. Up-to-date inventories can provide more efficient and effective urban forest management. Tree Inventories – Development of a local tree inventory/hazardous tree inventory on non- federal public properties (includes parks, rights-of way and preserves). This can include the purchase of hardware, software, and related equipment, as well as fees paid to vendors to conduct the inventory. This can also include the examination of individual trees to determine whether they need arboricultural treatments. Urban Tree Canopy Assessment - use of remote sensing technology to determine tree canopy coverage and distribution in a defined area (usually a district or municipal boundary). These assessments can also be used to identify potential tree planting spaces and prioritize planting initiatives based on current tree canopy coverage. Eligible costs are the same as above: hardware, software, related equipment, and vendor fees. Tree Inventory or Assessment Requirements • A map of the area where the inventory or assessment will take place, including street locations. • A narrative that describes the need to conduct the inventory or assessment in the selected area, the data that will be collected, how that data will be processed, and how the results will be used to influence urban forestry management decisions. The narrative should also state whether a vendor will perform the treatments, or if in-house labor and equipment will be used, and how the recipient will supervise the project while in progress. Category 3: Urban Forest Management Planning An urban forest management plan serves as the guiding document for managing the tree resource in a community. The objective of an urban forest management plan is to: • Reduce the amount and severity of the damage and losses to people, property, the economy, and the environment that results from tree failures. • Reduce tree canopy cover losses and strategically plan planting initiatives to equitably distribute tree cover throughout the community. • Maximize the benefits of urban trees by planting and retaining trees where they reduce storm water runoff, improve air, and water quality, and lower the ambient temperature. • Identify policies and procedures that can be updated to reinforce canopy goals. The development and implementation of an urban forest management plan will provide the following benefits: • Plan planting and maintenance schedule based on data. • Create more efficient and effective response to storms. • Update tree policies and procedures. • Reduce in tree failures and tree canopy losses. • Improve community forest health, safety, and benefits. Urban Forest Management Plans funded through this program should include: a. Description of your community -- the current state and needs of the community and the urban forest baseline. Current tree canopy data from an inventory or assessment, community needs, 228 FDACS- 02031 Rev. 02/23 Page 5 of 14 priority areas and a review of current policies and procedures for tree planting and maintenance are examples of things that should be included in this section. b. A vision for the urban forest – the desired future state of the urban forest. This is the overall goal the plan hopes to achieve. c. Strategic Plan – specific goals, objectives, and actions based upon the current conditions and identified needs to achieve the vision for the urban forest. d. Implementation Plan – a document that assigns specific dates and responsibilities for the actions and goals of the strategic plan. e. Monitoring Plan -- a written system to measure progress and assess the overall effectiveness of the Urban Forest Management Plan. Additional sections of the plan that you may wish to incorporate and that are acceptable through this grant include: • Urban forest storm preparedness and mitigation. • Urban wood utilization. • Urban heat mitigation. Category 4: Urban Forestry Information and Education This category is provided to make individual residents, community officials, students, and private vendors more aware of urban forestry and the benefits of trees to humans and communities. Residents and officials need to be better informed and educated about the value of the urban forest to their local communities, and that the benefits of trees far outweigh the potential damage caused by trees. Beyond the benefits of trees, students should know about the potential career opportunities in the green industry. Local governments, nonprofit organizations, and educational institutions are eligible to purchase or produce information and education materials (leaflets, newsletters, handbooks, videos, etc.) for distribution to the public, or to cost-share seminars and workshops related to urban and community forestry topics. The emphasis here is on providing information to the public, volunteer groups, technicians, tree workers, etc. (i.e., urban and community forestry technology transfer). Eligible Activities: a. Educational programs - for the exhibition, purchase, or development of materials for the benefit of public education as described above. b. Workshops/Training Sessions/Conferences/Seminars - for the support and organization of public programs which achieve the goals of this grant. Costs may cover mailing, audio/visual equipment rental, and related expenses. c. Public service announcement materials - (PSA development) - for the development of or purchase of public service programs, videos, or slide shows which educate the public. These may include expenditures for film, paper, production costs, equipment rental or other accessories (excluding the purchase of camera or other video equipment). d. Brochures - for the purchase of existing technical brochures or the design, development, production or mailing of an educational or informational brochure consistent with the goals of this grant program. Those desiring brochures are encouraged to utilize existing brochures, if brochures exist, and apply for funding for the purchase and distribution of brochures. e. Exhibits - for the purchase of or design, development, and construction of an educational/informational exhibit which promotes the goals of this grant program. All products (brochures, signs, videos, reports, etc.) funded by this grant must display the following statement: “This publication made possible through a grant from the USDA Forest 229 FDACS- 02031 Rev. 02/23 Page 6 of 14 Service in cooperation with the Florida Department of Agriculture and Consumer Services, Florida Forest Service.” f. Workforce Development programs – for the development and instruction of residents and students about green industry careers. These programs should provide participants with hands on experiences and training to prepare them for a career in the green industry. It is encouraged for projects in this category to work with local industry members to connect program participants with green industry jobs. Category 5: Public Tree Nursery Development This category is provided for the purchase and installation of plant material and associated supplies to enable local governments or nonprofits to develop small-scale nurseries to develop trees for planting in public areas. Special emphasis should be placed on the growth of a diverse population of species that can then be utilized in planting projects in parks or other public rights- of-way. Additionally, projects that engage the public in caring for the nursery through volunteer efforts or provide workforce development opportunities are strongly encouraged. Public Tree Nursery Requirements: 1. Projects supported with these funds shall be strictly for the benefit of the public, with any tree grown through this funding required to be planted within publicly accessible areas such as parks or rights-of-way. 2. These funds are not available for the purchase of land in support of the development of nurseries. 3. Nursery projects must submit a list of species they plan to grow, with at least five species native to the region being selected to grow. 4. Funds may be used for the purchase of seed-stock, growing containers, planting media, irrigation supplies, and other supplies necessary to develop a small-scale nursery of this nature, so long as the costs are allowable, reasonable, and necessary as determined by the grant evaluation committee. 5. Trees listed on the Florida Invasive Species Council’s MOST RECENT list of Florida’s Invasive Species may not be grown as any part of this grant program. The list may be found on the internet at https://floridainvasivespecies.org/ 6. Purchase and growing of shrubs and ground covers in conjunction with tree growing may only serve as a matching cost, and as such cannot be reimbursed. 7. Applications must include the following information: a. A location map of where the nursery will be located. b. A minimum of three-color photographs of the nursery site. c. A detailed site plan which shows the location of where nursery beds will be developed, along with site constraints that would impact site usability. d. A plan for the usage of trees grown through this grant, demonstrating how they will be used on local projects to enhance local public urban tree canopy. 230 FDACS- 02031 Rev. 02/23 Page 7 of 14 III. Eligibility Information  Qualified applicants are nonprofit organizations, educational institutions, local governments, state governments, and Native American tribal governments.  The scope of work must be performed within the State of Florida.  Grant requests may not exceed $50,000. The minimum amount allowed is $5,000.  Grants are for projects not currently budgeted and may not be used to replace existing commitments.  A resolution or letter approving the proposal and authorizing the applicant to execute agreements and documents with the grant request must be submitted as part of the proposal.  Expenses associated with travel and per diem are not eligible.  Expenses associated with invasive species removal are not eligible but may be used as match.  Maintenance costs incurred after certification by the Florida Forest Service are ineligible for reimbursement. IV. Key Dates (Eastern Time) Action Item Timeframe Location Notice of Federal Financial Assistance Funding Opportunity Advertisement From 9/2/2025- 10/20/2025 Posted electronically via FDACS Grant Opportunities Submission of Questions From 9/2/2025- 10/6/2025 All questions must be submitted electronically to: grants@fdacs.gov Responses to Questions Posted From 9/2/2025- 10/20/2025 Posted electronically via FDACS Grant Opportunities Application Submission Deadline 10/20/2025 at 2:00 PM ET 2024 Community Forestry Capacity Grants Evaluation of Applications From 10/20/2025- 12/1/2025 Review and evaluation of applications begin. Award Notice Anticipated 12/1/25 Official FDACS letter via USPS Anticipated Subrecipient Agreement Start and End Date 2/1/2026- 2/28/2027 Subrecipient Agreement 231 FDACS- 02031 Rev. 02/23 Page 8 of 14 V. Submission Dates, Times, and Location (Eastern Time) The submission deadline is 2:00 P.M. EST, Monday, October 20, 2025. An applicant is required to submit the original signed application packet. A complete application packet and any supporting documentation must be uploaded electronically to 2024 Community Forestry Capacity Grants no later than the submission deadline. It is advised that applicants do not wait until the final date/time to upload their submission. It is the applicant’s responsibility to ensure its submittal at the proper place and time indicated in the notice of federal financial assistance funding opportunity notice. No extensions. No exceptions. VI. Statutes and Regulations The UCF Program is authorized by Section 9, Urban and Community Forestry Assistance, of the Cooperative Forestry Assistance Act of 1978 as amended [16 U.S.C. 2105]. This law authorizes the Secretary of Agriculture “to provide financial, technical, and related assistance to State Foresters or equivalent State officials for the purpose of encouraging States to provide information and technical assistance to units of local government and others that will encourage cooperative efforts to plan urban forestry programs and to plant, protect, maintain, and utilize wood from, trees in open spaces, greenbelts, roadside screens, parks, woodlands, curb areas, and residential developments in urban areas." VII. Award Information Total amount of funding anticipated $670,000 Anticipated number of awards 26 Maximum grant award to a single applicant $50,000 Minimum grant award to a single applicant $5,000 Anticipated Period of Performance 2/1/2026-5/1/2027 VIII. Definitions Applicant: Entity that submits an application for federal financial assistance under this notice of funding opportunity. Application Packet: Complete written response of the applicant to the notice of federal financial assistance funding opportunity including properly completed forms, supporting documents and attachments. Business hours: 8 a.m. to 5 p.m. Eastern Time on business days. Business days: Monday through Friday, excluding weekends, federal and state holidays. Calendar days: All days, including weekends and holidays. 232 FDACS- 02031 Rev. 02/23 Page 9 of 14 Commissioner: Commissioner of Agriculture for the State of Florida. FFS: Florida Forest Service, division of FDACS. FDACS: Florida Department of Agriculture and Consumer Services, an agency of the State of Florida. Grant Manager: An FDACS employee responsible for monitoring and managing the subrecipient agreement. Local Government: county government, municipality (incorporated city, town, or village), school board district or independent special district. Non-profit Organization: An organization that has filed an application with Florida’s Secretary of State for nonprofit corporate status pursuant to Section 617, Florida Statutes, and has been issued a federal employer identification number by the Internal Revenue Service. Subrecipient Agreement: Formal agreement that will be awarded to the successful applicant under this notice of federal financial assistance funding opportunity. IX. Cost Sharing (Matching) Requirements The match requirement for this funding opportunity is 50% (1:1 match). Reimbursement requests must have documentation of the 50% match at the time of submission. Awardees will only be reimbursed up to the amount of match submitted with the request. Applicants will be required to submit documentation for the cost sharing. A cost share may either be in the form of a cash contribution, donated services, donated equipment, or donated property. Cost sharing used in previous subrecipient awards or in other current subrecipient awards cannot be used for this subrecipient award. The maximum allowable assessment for in-kind match for general volunteer labor (non- professional) is $34.79 per hour. Salaried or hourly employees working in the same job class may use their current salary and benefit rate for match purposes. No overhead costs will be paid from grant funds. Overhead costs, up to 5% of the total project cost (match plus award), can be used as part of the local match with documentation. X. Funding Source and/or Restrictions FDACS reserves the right to award, or not award, subrecipient agreement(s) based on the availability of federal funds. FDACS’ obligation to pay under this subrecipient agreement is contingent upon funding by the federal agency. Funding is available for project work initiated and completed during the award period. Funding is subject to the amount of spending authority allocated by the Florida Legislature. The allowability of costs shall be in accordance with the federal financial assistance cost principles applicable to the subrecipient. 233 FDACS- 02031 Rev. 02/23 Page 10 of 14 XI. Cost of Preparation FDACS is not liable for any costs incurred by the applicant in response to this notice of federal financial assistance funding opportunity. XII. Public Records Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a federal financial assistance funding opportunity are public records unless exempt by law. Any applicant claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. XIII. Request Application Packet The application packet is available online at FDACS Grant Opportunities If you are unable to download the application packet, submit an e-mail request for the application packet to Grants@fdacs.gov XIV. General Instructions for Application Packet Carefully review all materials and prepare responses accordingly. The application packet must be complete and provide all required information by the application submission deadline to be considered. Application packets that fail to provide all required forms and signatures will be considered non-responsive and consequently will be removed from the evaluation process. For nonprofit applicants, documentation that verifies the official nonprofit status of an organization in accordance with Chapter 617, Florida Statutes, must be provided with the application. Please ensure that all attachments reflect the applicant’s name and funding opportunity number. XV. Application Package Components FDACS forms must be used. Substitute forms will not be reviewed. Do not alter the pages unless the page indicates that it can be modified. Applications that do not include all required pages will be removed from the evaluation process. A complete application package consists of the following pages:  Coversheet /Application for Federal Financial Assistance Subaward  Key Contact Information  Project Narrative  Scope of Work  Budget Plan Narrative 234 FDACS- 02031 Rev. 02/23 Page 11 of 14  Budget Plan  Key Person/Staff  Performance Site/Locations  Evidence of an active Unique Entity ID from the System of Award Management (SAM.gov )  Assurances Subrecipient Award  Certification Regarding Lobbying  Certification Regarding Debarments, Suspension, Ineligibility  Certification Statement XVI. Clarifications/Revisions Before award, FDACS reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all applicants deemed eligible for the subrecipient agreement. Failure to timely provide requested information may result in rejection of the application. XVII. Rejection of Applications FDACS reserves the right to reject any and all applications or waive any minor irregularities when to do so would be in the best interest of the State of Florida; and to reject an applicant whom FDACS determines is not in a position to perform the scope of work. Minor irregularities are those which will not have a significant or adverse effect on overall completion or performance. XVIII. System for Award Management (SAM) Registration The applicant must have an active Unique Entity ID (UEI) in the U.S. General Services Administration (GSA), System of Award Management (SAM) by the submission deadline. The applicant is required to maintain an active UEI for the duration of the award. Applicants who have an active exclusion with Sam.gov may not be eligible for an award. Applicants must provide documented proof of the active UEI registration from Sam.Gov with expiration date clearly visible in the application package. Information on registering with the GSA / SAM is available at https://sam.gov/entity- registration. XIX. Late Applications Applications, hard copy or digital, received by FDACS after the application submission deadline will be rejected as untimely. XX. Evaluation Criteria An initial review of all applications will be completed and applications failing to submit all required information will be removed from consideration. All eligible applications will be evaluated and scored based on the criteria listed below. a. Demonstrated Need - 20 Points Maximum 235 FDACS- 02031 Rev. 02/23 Page 12 of 14 The highest score will be awarded to applications that demonstrate an economic need for cost-share dollars such as small rural communities or underserved neighborhoods in larger cities or fiscally distressed communities. Demonstrating the need for assistance in communities is the responsibility of applicants through their project narrative and scope of work. b. Well-Defined Goals and Objectives - 20 Points Maximum The highest score will be awarded to applications clearly stating goals and objectives that will expand/complement existing UCF efforts, as defined above under Urban Forestry Program Development. c. Technical Correctness – 20 Points Maximum. The highest score will be awarded to applications that include competent project supervision, adherence to tree planting and other practice specifications and knowledge of how to implement the practice they are proposing. d. Cost Effectiveness - 20 Points Maximum The highest score will be awarded to applications that will clearly maximize results with the efficient use of grant dollars; clearly describe how funds will be expended; and adhere to the cost parameters listed in this RFA. Including written estimates that will enhance this criterion. e. Promotional Value - 10 Points Maximum The highest score will be awarded to applications that have the high potential for positive public relations, where the applicant indicates a strategy for publicizing the project. f. Completeness of Application - 10 Points Maximum The highest score will be awarded to applications that are complete, include all required attachments, and provide a detailed explanation in the project narrative The scores for each factor will be added to obtain a total score for each application. Funding will be awarded to applications according to the average total score received. FDACS reserves the right to recommend partial funding of applications. XXI. Evaluator(s) FDACS’ evaluator(s) will consist of five (5) individuals who FDACS will determine to have experience and knowledge in the program areas. The evaluator(s) will conduct a fair, impartial, and comprehensive evaluation of applications received in response to this notice of federal financial assistance funding opportunity. The evaluator(s) could be municipal/county arborists or county foresters, non-profit organization representatives, city municipal staff (Parks and Recreation, etc.) and FFS personnel. XXII. Anticipated Announcement and Award Dates The evaluation and selection process are expected to be no longer than 90 days after the submission deadline. FDACS will formally notify successful and unsuccessful applicants. XXIII. Award Notice Upon completion of FDACS’ evaluation of applications, all applicants will be notified regarding their status. 236 FDACS- 02031 Rev. 02/23 Page 13 of 14 FDACS reserves the right to negotiate and/or adjust the final award amount and scope of work prior to award. The successful applicant(s) will have thirty (30) days to fully execute the FDACS Subrecipient Agreement. Failure by the subrecipient to sign and return the Subrecipient Agreement, within 30 days upon receipt of the agreement, shall constitute forfeiture of the award. Although it is the intent of FDACS to expedite the subrecipient grant award process as much as possible, applicants should be aware that execution of a Subrecipient Agreement could be delayed for some time until federal funding is received. Projects should be scheduled accordingly. No costs to be charged against the subrecipient award or counted as match can be incurred before the Subrecipient Agreement is executed. THIS IS NOT A COMPETITIVE SOLICITATION SUBJECT TO THE NOTICE OR CHALLENGE PROVISIONS OF SECTION 120.57(1) AND 120.57(3), FLORIDA STATUTES. XXIV. Programmatic, Administrative and National Policy Requirements The applicant shall be in compliance with all laws, rules, and regulations applicable to the federal funds provided by the federal financial assistance funding opportunity. The applicant shall maintain an accounting system and a set of accounting records which allow for the identification of revenues and expenditures related to this funding opportunity. XXV. Acknowledgment of Funding The subrecipient shall have an acknowledgement of the USDA Forest Service and FDACS Florida Forest Service support placed on any publication written or published or audiovisual produced with grant support and, if feasible, on any publication reporting the results of, or describing, a grant-supported activity, or audiovisuals produced with grant support. This requirement does not apply to audiovisuals produced as research instruments or for documenting experimentations or findings and not intended for presentation or distribution to the public. XXVI. Performance Report The applicant will submit a performance report as required using the format and content shown on the FDACS form downloadable at http://forms.fdacs.gov/02018.pdf XXVII. Reimbursement Requests All reimbursement requests must be submitted using FDACS’ standard payment request packet, unless otherwise noted in the special conditions of the subrecipient agreement and provide supporting documentation for each cost. The subrecipient shall submit the payment request packet to the recipient’s grant manager not more often than monthly, but not less often than quarterly. To be eligible for reimbursement, costs shall be allowable, necessary, and reasonable, and must be submitted by budget category consistent with the budget plan submitted with applicant’s application. The payment request packet is downloadable at http://forms.fdacs.gov/02019.pdf 237 FDACS- 02031 Rev. 02/23 Page 14 of 14 The FDACS agreement with the federal agency is a cost reimbursement format; therefore, no advance payments will be provided. Any work performed on the project and/or any expenditure made prior to a fully executed subrecipient agreement and written authorization from FDACS is ineligible for reimbursement. XXVIII. Disclaimer The receipt of applications in response to the notice of federal financial assistance funding opportunity does not imply or guarantee that any one or all qualified applicants will result in a subrecipient agreement with FDACS. XXIX. Questions Applicants shall direct all questions regarding this notice of federal financial assistance funding opportunity notice to the purchasing office at Grants@fdacs.gov. No questions shall be directed to the program manager, and the program manager shall not respond to any questions pertaining to this grant program while the application window is open. All questions submitted shall be published and answered in a manner that all applicants will be able to view. Each applicant is responsible for monitoring the FDACS Grant Opportunities webpage for updates and notifications regarding this notice of federal financial assistance funding opportunity. The Florida Department of Agriculture and Consumer Services offers its programs to all eligible persons regardless of race, color, national origin, religion, gender, age, disability, marital or veteran status, or any other legally protected status. 238 FDACS-02032 Rev. 02/23 Page 1 of 24 WILTON SIMPSON COMMISSIONER Florida Department of Agriculture and Consumer Services Division of Administration APPLICATION FOR FEDERAL FINANCIAL ASSISTANCE SUBAWARD 2 CFR 200 Instructions for Application Packet *Each field of the application must be completed. *If a field does not apply, indicate N/A in the field. 1. Federal Financial Assistance Funding Opportunity Number - Record the number shown on the Notice of Funding Opportunity. 2. Amount of funds requested for this project - List the total amount of funds required to complete the scope of work. 3. Subrecipient Legal Name - Record the legal name of applicant that will undertake the scope of work. The name must match the name listed in SAM. 4. Subrecipient FEIN - Record the employer or taxpayer identification number as assigned by the Internal Revenue Service. 5. Subrecipient Registered in SAM - All applicants must be registered in the System of Award Management (SAM) to obtain federal financial assistance. Individuals are not required to register in SAM. 6. Street Address - Record the street address as recognized by the U.S. Postal Service. Do not record a P.O. Box. 7. City - Record the city. 8. State - Record the state. 9. Zip Code plus 4 - Record the nine-digit U.S. Postal Code. 10. Mailing address (if different from above) - Record a different mailing address. 11. Phone Number - Record a 10-digit (xxx-xxx-xxxx) daytime phone number. 12. Fax Number - Record a 10-digit (xxx-xxx-xxxx) fax number. 13. Is the subrecipient delinquent on any federal debt? Record yes or no. The question applies to the applicant. Categories of federal debt include, but are not limited to, delinquent loans, tax, and audit disallowances. If yes, provide an explanation. 14. Cost Sharing (Match) if applicable - Record the value of cost share to be provided. 15. Congressional District - Record the applicant's congressional district. 16. Name and contact information for matters involving this application. 17. Subrecipient Type - Circle the type of subrecipient. 18. Descriptive title of Subrecipient Project - Record a brief descriptive title of the project. 19. Funding Period - Enter the dates, within the award period, as to when the project will begin and finish. 20. Location of Proposed Program/Project - Record the physical address of where the scope of work will be completed. 21. Total # of full-time employees - Record the number of full-time employees. A full-time employee works 40 hours per week. 22. Total # of part-time employees - Record the number of part-time employees. A part-time employee works less than 40 hours per week. 23. Is your organization a 501(c)(3) tax exempt organization? Record yes or no. 24. Has your organization previously received federal financial assistance from FDACS? Record yes or no. Please answer yes if the funding has been received within the last three years. 25. The application must be signed and dated by an authorized representative of the applicant organization. 239 FDACS-02032 Rev. 02/23 Page 2 of 24 Florida Department of Agriculture and Consumer Services Division of Administration APPLICATION FOR FEDERAL FINANCIAL ASSISTANCE SUBAWARD 2 CFR 200 1. Federal Financial Assistance Funding Opportunity Number: 2. Amount of funds requested for this project: 3. Subrecipient Legal Name: 4. Subrecipient FEIN: 6. Subrecipient Registered in SAM: 7. Street Address: 8. City: 9: State: 10. Zip Code plus 4: 11. Mailing Address (if different from above): 12. Phone Number: 13. Fax Number: 14. Is the subrecipient delinquent on any federal debt? 15. Cost Sharing (Match): 16. Congressional District: 17. Name and contact information of person to be contacted on matters involving this application: Name: Phone Number: Email: 18. Subrecipient Type: (Check One) Indian Tribal Government Individual Local Government Institution of Higher Education Non-Profit Organization State Government Other 19. Descriptive Title of Subrecipient Project: 20. Funding Period Start Date: End Date: 21. Location of Proposed Program/Project: 22. Total # of full-time employees: 23. Total # of part-time employees: 24. Is your organization a 501(c)(3) tax exempt organization? 25. Has your organization previously received federal financial assistance from FDACS? 26. By signing this application, I certify that the statements herein are true, complete, and accurate to the best of my knowledge. I have also provided the required attachments and assurances. I agree to comply with all terms and conditions if I accept an award. Authorized Representative Name: Title: Phone Number: Email Address: Signature of Authorized Representative: Date Signed: 240 FDACS-02032 Rev. 02/23 Page 3 of 24 Florida Department of Agriculture and Consumer Services Division of Administration KEY CONTACT INFORMATION 2 CFR 200 Instructions for Application Packet - Key Contact Form *Each field of the key contact form must be completed. *If a field does not apply, indicate N/A in the field. 1. Federal Financial Assistance Funding Opportunity Number - Record the number shown on the Notice of Funding Opportunity. 2. Subrecipient FEIN - Record the employer or taxpayer identification number as assigned by the Internal Revenue Service. 3. Subrecipient Legal Name - Record the legal name of applicant that will undertake the scope of work. The name must match the name listed in SAM. 4. Contact Project Role: Authorized Representative - Record requested information. 5. Contact Project Role: Grant Manager - Record requested information. 6. Contact Project Role: Fiscal Contact - Record requested information. 7. Contact Project Role: Principal Investigator - Record requested information. 241 FDACS-02032 Rev. 02/23 Page 4 of 24 Florida Department of Agriculture and Consumer Services Division of Administration KEY CONTACT FORM 2 CFR 200 Federal Financial Assistance Funding Opportunity Number: Subrecipient FEIN: Subrecipient Legal Name: Contact Project Role: Authorized Representative Name: Title: Phone Number: Fax Number: Street Address: City: State: Zip Code plus 4: Mailing Address (If different from above): Contact Project Role: Grant Manager Name: Title: Phone Number: Fax Number: Street Address: City: State: Zip Code plus 4: Mailing Address (If different from above): Contact Project Role: Fiscal Contact Name: Title: Phone Number: Fax Number: Street Address: City: State: Zip Code plus 4: Mailing Address (If different from above): Contact Project Role: Principal Investigator Name: Title: Phone Number: Fax Number: Street Address: City: State: Zip Code plus 4: Mailing Address (If different from above): 242 FDACS-02032 Rev. 02/23 Page 5 of 24 Florida Department of Agriculture and Consumer Services Division of Administration PROJECT NARRATIVE 2 CFR 200 Instructions for Application Packet - Project Narrative *If a field does not apply, indicate N/A in the field. 1. Federal Financial Assistance Funding Opportunity Number - Record the number shown on the Notice of Funding Opportunity. 2. Amount of funds requested for this project - List the total amount of funds required to complete the scope of work. 3. Subrecipient Legal Name - Record the legal name of applicant that will undertake the scope of work. The name must match the name listed in SAM. Please note section XII Public Records in the Notice of Federal Financial Assistance Funding Opportunity before including any proprietary or confidential information. 4. The header section of each page of the project narrative must have the funding opportunity number, subrecipient federal identification number and subrecipient legal name. 5. The project narrative must not exceed two (2) 8 ½” by 11” single sided pages. Additional pages beyond the page limitation will not be considered. 6. The project narrative must include, but is not limited to: • A statement of need for the federal financial assistance and how the project will address the need. • A description of the expected project outcomes. The measurable objectives and specific targets of the expected project outcomes should be specified. • A plan of action to achieve the projected outcomes and how the plan of action will be accomplished. • A timeline of activities or implementation schedule. • Collaboration details, if any. • Information on key personnel including their background and experience with the project objectives. An indication of the amount of effort the key personnel will provide to the project. • Precise location of the project or the area to be served/benefited by the project. • A statement of whether this project relates to any other project, current or anticipated. 243 FDACS-02032 Rev. 02/23 Page 6 of 24 Florida Department of Agriculture and Consumer Services Division of Administration PROJECT NARRATIVE 2 CFR 200 1. Federal Financial Assistance Funding Opportunity Number: 2. Amount of funds requested for this project: 3. Subrecipient Legal Name: Please note section XII Public Records in the Notice of Federal Financial Assistance Funding Opportunity before including any proprietary or confidential information. Project Narrative: 244 FDACS-02032 Rev. 02/23 Page 7 of 24 Florida Department of Agriculture and Consumer Services Division of Administration SCOPE OF WORK 2 CFR 200 Instructions for Application Packet - Scope of Work *If a field does not apply, indicate N/A in the field. 1. Federal Financial Assistance Funding Opportunity Number - Record the number shown on the Notice of Funding Opportunity. 2. Subrecipient FEIN - Record the employer or taxpayer identification number as assigned by the Internal Revenue Service. 3. Subrecipient Legal Name - Record the legal name of applicant that will undertake the scope of work. The name must match the name listed in SAM. Please note section XII Public Records in the Notice of Federal Financial Assistance Funding Opportunity before including any proprietary or confidential information. 4. The header section of each page of the scope of work must have the funding opportunity number, subrecipient federal identification number and subrecipient legal name. 5. The scope of work must not exceed two (2) 8 ½” by 11” single sided pages. Additional pages beyond the page limitation will not be considered. 6. The scope of work must include, but is not limited to: • Describe in detail the activity or work to be conducted. Include project location information. • Describe specific project objectives, tasks, and deliverables and related timelines for each. Include who will perform the tasks. • Objectives and tasks should relate to the project narrative. • Discuss how the scope of work is feasible and can be completed within the award period. • Provide quantifiable, measurable and verifiable units of deliverables. • Deliverables must be directly related to the scope of work. 245 FDACS-02032 Rev. 02/23 Page 8 of 24 Florida Department of Agriculture and Consumer Services Division of Administration SCOPE OF WORK 2 CFR 200 1. Federal Financial Assistance Funding Opportunity Number: 2. Subrecipient FEIN: 3. Subrecipient Legal Name: Please note section XII Public Records in the Notice of Federal Financial Assistance Funding Opportunity before including any proprietary or confidential information. Performance Measures Deliverable # Tasks Task Description Indicator Costs per Unit Outcome Measures Describe in detail the activity or work to be conducted. 246 FDACS-02032 Rev. 02/23 Page 9 of 24 Florida Department of Agriculture and Consumer Services Division of Administration BUDGET PLAN NARRATIVE 2 CFR 200 Instructions for Application Packet - Budget Plan Narrative *If a field does not apply, indicate N/A in the field. 1. Federal Financial Assistance Funding Opportunity Number - Record the number shown on the Notice of Funding Opportunity. 2. Subrecipient FEIN - Record the employer or taxpayer identification number as assigned by the Internal Revenue Service. 3. Subrecipient Legal Name - Record the legal name of applicant that will undertake the scope of work. The name must match the name listed in SAM. Please note section XII Public Records in the Notice of Federal Financial Assistance Funding Opportunity before including any proprietary or confidential information. 4. The header section of each page of the budget plan narrative must have the funding opportunity number, subrecipient federal identification number and subrecipient legal name. 5. The budget plan narrative must not exceed two (2) 8 ½” by 11” single sided pages. Additional pages beyond the page limitation will not be considered. 6. Describe line items for each applicable budget category shown on the budget plan. Provide sufficient detail to clearly indicate the estimated funding amounts for each project task contained in the scope of work. 7. Project costs will be evaluated for reasonableness and necessity. Any travel costs must be in compliance with the State of Florida travel rules. 8. Indirect costs are at the rate approved by the applicant's cognizant agency. A copy of the approved rate must be attached to the application. If the applicant has never received a negotiated indirect cost, provide a statement indicating the applicant is electing to charge a de minimis rate of 10% of modified total direct costs. 247 FDACS-02032 Rev. 02/23 Page 10 of 24 Florida Department of Agriculture and Consumer Services Division of Administration BUDGET PLAN NARRATIVE 2 CFR 200 1. Federal Financial Assistance Funding Opportunity Number: 2. Subrecipient FEIN: 3. Subrecipient Legal Name: Direct Costs Personnel Costs Provide job titles, rate of pay (hourly/salary) and percentage of time to spend on project (FTE) or hours per week. The total for all personnel costs must match to the budget plan. Example To achieve the objective of monitoring ponds within Liberty County will require 10 inspectors working 20 hours per week for 4 weeks at an hourly rate of $25.50. Total cost is $20,400. Example To achieve the objective of testing water samples from ponds within Liberty County will require 1 chemist. The chemist will work 20% of their time on the project for one year. The annual salary is $60,000. Total cost is $12,000. Fringe Benefits Employer costs for social security taxes, workers compensation, health insurance, life insurance and retirement. A percentage may be used when calculating an amount for the budget plan. Only the actual cost of each fringe benefit is chargeable to the award. Travel (if authorized) Provide a description of travel purpose, destination of each trip, number of travelers, timeline, and relationship to the project objectives. Equipment (if authorized) Provide a description of the equipment to be purchased and the task on which the equipment will be used. Supplies Provide a description of the consumable materials to be acquired for each specific deliverable(s). Contractual (if authorized) Provide an explanation as to the need to hire a third party to complete the work. Provide the rate, number of staff, and task to be completed. Other Expenses Direct costs, which do not fit any of the other categories. Provide a description, amount, and relationship to a deliverable. Indirect Costs Indirect Charges Provide an approved indirect cost rate or a statement indicating the entity has never received a negotiated indirect cost rate and elect to charge a de minimis rate of 10% of modified total direct costs. 248 FDACS-02032 Rev. 02/23 Page 11 of 24 Florida Department of Agriculture and Consumer Services Division of Administration BUDGET PLAN 2 CFR 200 Instructions for Application Packet - Budget Plan *If a field does not apply, indicate N/A in the field. 1. Federal Financial Assistance Funding Opportunity Number - Record the number shown on the Notice of Funding Opportunity. 2. Subrecipient FEIN - Record the employer or taxpayer identification number as assigned by the Internal Revenue Service. 3. Subrecipient Legal Name - Record the legal name of applicant that will undertake the scope of work. The name must match the name listed in SAM. The header section of the budget plan must have the funding opportunity number, subrecipient federal identification number and subrecipient legal name. The applicant shall submit a budget plan for its projected costs to implement the scope of work submitted with the application. The budget plan shall provide the estimated costs by category in order to carry out the scope of work. 249 FDACS-02032 Rev. 02/23 Page 12 of 24 Florida Department of Agriculture and Consumer Services Division of Administration BUDGET PLAN 2 CFR 200 1. Federal Financial Assistance Funding Opportunity Number: 2. Subrecipient FEIN: 3. Subrecipient Legal Name: Category 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total Estimated Budget *Grant Dollars *Match Dollars Personnel Fringe Benefits Travel (if authorized) Equipment (if authorized Supplies Contractual (if authorized) Other Expenses Total Direct Charges Indirect Charges Total Amount * Note: For the grant dollars and match dollars columns of your budget plan, indicate total grant and total match dollars for each category. 250 FDACS-02032 Rev. 02/23 Page 13 of 24 Florida Department of Agriculture and Consumer Services Division of Administration KEY PERSON / STAFF 2 CFR 200 Instructions for Application Packet - Key Person / Staff *If a field does not apply, indicate N/A in the field. 1. Federal Financial Assistance Funding Opportunity Number - Record the number shown on the Notice of Funding Opportunity. 2. Subrecipient FEIN - Record the employer or taxpayer identification number as assigned by the Internal Revenue Service. 3. Subrecipient Legal Name - Record the legal name of applicant that will undertake the scope of work. The name must match the name listed in SAM. The header section of the key person/staff must have the funding opportunity number, subrecipient federal identification number and subrecipient legal name. Each application must include descriptions of key personnel and their qualifications to meet the requirements of the notice of funding opportunity. An individual form will be completed for each key person/staff member. Include an estimate of the number or hours or percentage of time devoted to the project. Key personnel are individuals who contribute in a substantive and meaningful way to the execution or development of the project. Reimbursement of salary costs are not required for an individual to be considered key personnel. Consultants or contract employees may be included if they meet the definition. 251 FDACS-02032 Rev. 02/23 Page 14 of 24 Florida Department of Agriculture and Consumer Services Division of Administration KEY PERSON / STAFF 2 CFR 200 An individual form must be completed for each key person/staff member. Include an estimate of the number of hours or percentage of time devoted to the project. 1. Federal Financial Assistance Funding Opportunity Number: 2. Subrecipient FEIN: 3. Subrecipient Legal Name: Person Name: Title: Hours of % of time devoted to the project: Phone Number: Email Address: Qualifications: 252 FDACS-02032 Rev. 02/23 Page 15 of 24 Florida Department of Agriculture and Consumer Services Division of Administration PERFORMANCE SITE / LOCATIONS 2 CFR 200 Instructions for Application Packet - Performance Site / Locations *If a field does not apply, indicate N/A in the field. 1. Federal Financial Assistance Funding Opportunity Number - Record the number shown on the Notice of Funding Opportunity. 2. Subrecipient FEIN - Record the employer or taxpayer identification number as assigned by the Internal Revenue Service. 3. Subrecipient Legal Name - Record the legal name of applicant that will undertake the scope of work. The name must match the name listed in SAM. Each application must include a list of site(s)/locations(s) where the work will be performed. The reimbursement of facilities cost will only be allowable for site(s)/location(s) listed on the form. The allocation of facilities cost must be based upon the square footage used by the project activities. 253 FDACS-02032 Rev. 02/23 Page 16 of 24 Florida Department of Agriculture and Consumer Services Division of Administration PERFORMANCE SITE / LOCATIONS 2 CFR 200 1. Federal Financial Assistance Funding Opportunity Number: 2. Subrecipient FEIN: 3. Subrecipient Legal Name: I am submitting an application as an individual, and not on behalf of a company, state, local, or tribal government, academia, or other type of organization. Check Box Project/Performance Site Primary Location Street Address: City: State: Zip Code plus 4: Mailing Address (If different from above): Phone Number: Fax Number: County: Project/Performance Site Congressional District: Project/Performance Site Location 1 Street Address: City: State: Zip Code plus 4: Mailing Address (If different from above): Phone Number: Fax Number: County: Project/Performance Site Congressional District: Project/Performance Site Location 2 Street Address: City: State: Zip Code plus 4: Mailing Address (If different from above): Phone Number: Fax Number: County: Project/Performance Site Congressional District: Project/Performance Site Location 3 Street Address: 254 FDACS-02032 Rev. 02/23 Page 17 of 24 City: State: Zip Code plus 4: Mailing Address (If different from above): Phone Number: Fax Number: County: Project/Performance Site Congressional District: Project/Performance Site Location 4 Street Address: City: State: Zip Code plus 4: Mailing Address (If different from above): Phone Number: Fax Number: County: Project/Performance Site Congressional District: Project/Performance Site Location 5 Street Address: City: State: Zip Code plus 4: Mailing Address (If different from above): Phone Number: Fax Number: County: Project/Performance Site Congressional District: Project/Performance Site Location 6 Street Address: City: State: Zip Code plus 4: Mailing Address (If different from above): Phone Number: Fax Number: County: Project/Performance Site Congressional District: Project/Performance Site Location 7 Street Address: City: State: Zip Code plus 4: Mailing Address (If different from above): Phone Number: Fax Number: County: Project/Performance Site Congressional District: 255 FDACS-02032 Rev. 02/23 Page 18 of 24 Florida Department of Agriculture and Consumer Services Division of Administration FEDERAL ASSURANCE FOR FEDERAL FINANCIAL ASSISTANCE SUBRECIPIENT AWARD 2 CFR 200 Federal Financial Assistance Funding Opportunity Number: Subrecipient Legal Name: Subrecipient FEIN: As the duly authorized representative of the Subrecipient, I certify that to the extent applicable, the Subrecipient: 1. Has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay the non-federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the Recipient, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the subrecipient award; and will establish a proper accounting system in accordance with generally accepted accounting principles or Recipient directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frames after receipt of approval of the Recipient. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction subagreements. 256 FDACS-02032 Rev. 02/23 Page 19 of 24 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR, Part 200 Uniform Administrative Requirements, Costs Principles and Audit Requirements for Federal Awards, Subpart F Audit Requirements. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a subrecipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect, (2) Procuring a commercial sex act during the period of time that the award is in effect or, (3) Using forced labor in the performance of the award or subawards under the award. 20. Will comply with and enforce the requirements for a drug-free workplace as mandated in 2 CFR Part 421, “Requirements for Drug-Free Workplace”. 21. Will comply with 2 CFR 417, Subpart C to ensure that any vendor or subcontractor that carries out the provisions of this agreement are not debarred or suspended. 22. Will comply with the Executive Order 13513 entitled “Federal Leadership on Reducing Text Messaging While Driving” by prohibiting employees, contractors, and subcontractors from texting while driving on official business and or in federally owned, rented or leased vehicles or privately owned vehicles when on official government business or when performing any work for or on behalf of or in cooperation with the federal government. Authorized Representative Name: Title: Signature of Authorized Representative: Date Signed: Application Organization: 257 FDACS-02032 Rev. 02/23 Page 20 of 24 Florida Department of Agriculture and Consumer Services Division of Administration CERTIFICATION REGARDING LOBBYING 2 CFR 200 Federal Financial Assistance Funding Opportunity Number: Subrecipient Legal Name: Subrecipient FEIN: The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant. loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty or not less than $10,000 and not more than $100,000 for each such failure. Authorized Representative Name: Title: Signature of Authorized Representative: Date Signed: Application Organization: 258 FDACS-02032 Rev. 02/23 Page 21 of 24 Florida Department of Agriculture and Consumer Services Division of Administration CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS 2 CFR 200 Federal Financial Assistance Funding Opportunity Number: Subrecipient Legal Name: Subrecipient FEIN: This certification is pursuant to Executive Order 12549, Debarment and Suspension and implemented at 2 CFR parts 180 and 1880. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certifications set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification. In addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement 8. List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 259 FDACS-02032 Rev. 02/23 Page 22 of 24 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participating in this transactions, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification 1. The prospective lower tier participant certifies to the best of its knowledge and belief, that it and its principals; a. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement theft, forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective lower tier participant shall attach an explanation to this proposal. Authorized Representative Name: Title: Signature of Authorized Representative: Date Signed: Application Organization: 260 FDACS-02032 Rev. 02/23 Page 23 of 24 Florida Department of Agriculture and Consumer Services Division of Administration CERTIFICATION STATEMENT 2 CFR 200 Federal Financial Assistance Funding Opportunity Number: Subrecipient Legal Name: Subrecipient FEIN: By signing this page, the undersigned certifies that: A. This application is in all respects fair and submitted in good faith, without collusion or fraud; B. If selected through this application process, the subrecipient will work in good faith and in partnership with the Florida Department of Agriculture and Consumer Services to manage its subrecipient agreement in a timely and accurate manner; C. Any funds awarded as a result of this application process will not be used to supplant or replace any state or local funds; D. Any funds awarded as a result of this application process will not be used as matching funds to apply for or receive other federal funds; E. No federal funds will be used as match for funds awarded as a result of this application process. F. The undersigned has full authority to bind the applicant. Authorized Representative Name: Title: Signature of Authorized Representative: Date Signed: Application Organization: 261 City of Boynton Beach Agenda Item Request Form 6.G Consent Agenda 10/ 7/2025 Meeting Date: 10/ 7/2025 Commission Meeting Minutes. Requested Action: Approve minutes from the August 19, 2025, September 2, 2025, and September 8, 2025 City Commission Meetings and First Budget Hearing. Explanation of Request: The City Commission met on August 19, 2025, September 2, 2025, and September 8, 2025 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved, and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: August 19, 2025 City Commission Minutes.docx September 2, 2025 City Commission Minutes.docx September 8, 2025 City Commission Budget Hearing Minutes.docx 262 City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, August 19, 2025, at 6:00 P.M. Present: Mayor Rebecca Shelton Daniel Dugger, City Manager Vice Mayor Woodrow L. Hay Shawna Lamb, City Attorney Commissioner Angela Cruz Tammy Stanzione, Deputy City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order Mayor Shelton called the meeting to order at 6:02 P.M. Roll Call Deputy City Clerk Tammy Stanzione called the roll. Invocation by Pastor Shaun Blakeney, My Anchor Church The invocation was given by Pastor Blakeney. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley. The Pledge of Allegiance was led by Commissioner Kelley. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Hay requested to allocate $1,000 from his discretionary funds to the Boynton Beach High School football team. It would be added as Item 5B. Commissioner Cruz confirmed that her previously requested item about Gulf View Harbor was added to the Future Agenda. Commissioner Kelley expressed concern about moving forward with Item 10C without further discussion. She noted that the Board had given specific direction on this matter, approximately six months ago, and emphasized the need to review prior minutes and staff input before taking action. She reiterated her discomfort with proceeding at this time and suggested the item be tabled or removed. There was consensus from the Com mission, with comments indicating that tabling the item was the preferred option, further review and discussion. 263 City Commission Meeting Boynton Beach, FL August 19, 2025 2 2. Adoption Motion: Commissioner Kelley moved to approve the agenda, as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Turkin reported on the Florida League of Cities Conference and noted that the DOGE seminar outlined State initiatives, focused on efficiency, taxpayer value, and repealing outdated ordinances. He stated that Boynton Beach could be a leader in adopting best practices and maximizing return on investment. City Manager Dugger confirmed that staff had already fulfilled the DO GE audit request within a week and a half and would continue to provide any data needed. Commissioner Turkin welcomed the collaboration and said that it would help the City operate more efficiently and return value to taxpayers. Commissioner Kelley reported on attending the Florida League of Cities Conference. She noted that while the e-bike and scooter workshop was derailed, the Legislative update was valuable. She emphasized that FLC’s top priority remains protecting Home Rule, which has been challenged by Live Local, and highlighted their work on infrastructure and advocacy to preserve municipal authority for residents. Vice Mayor Hay added that the conference provided useful insight from other cities, encouraged future attendance, and noted from a recent tour that the City’s water plants are functioning well, but require investment to address aging infrastructure. Commissioner Cruz reported that she attended the Florida League of Cities conference, where discussions focused on infrastructure, techn ology to streamline permitting, and reducing red tape to support new businesses, and economic development. She noted that valuable ideas were shared by other cities that could be applied in Boynton Beach and added that her tour of the water plant showed th at while investments had been made, there was a need for continued proactive improvements. 3. Announcements, Community and Special Events and Presentations 264 City Commission Meeting Boynton Beach, FL August 19, 2025 3 There were none. 4. Public Audience Mack McCray stated that it was good to see former representatives present and noted the dais seating was too close together. He appreciated that Commissioners attended conferences and brought back knowledge for residents. He cautioned that while DOGE only provided recommendations, the State could withhold funds, urging the Commission to proceed with care. Edward Nesbitt stated that cut-through traffic had been a long-standing issue in the community. He explained that in November 2024 he received a petition from the City to evaluate the problem, but after following up four months later, he was told the matter was still under review. He noted that after eight months, even the property manager had called without receiving a response, and he asked what steps he could take next. Mayor Shelton asked staff to connect with Mr. Nesbitt. Susan Oyer opposed AI due to job loss and environmental impacts, noted the Boynton Forest study had not been released, and urged removal of the Tri-Rail Coastal Link station from City plans, stressing that Boynton Beach was never selected and funding was unrealistic. She recommended that the City focus on acquiring land to control development and limit high-rises. Mark Stevenson expressed concern that dogs are not allowed on the City’s beach and said that he spends money elsewhere in cities with dog-friendly beaches. He criticized the beach’s poor condition and lack of maintenance and stated that Boynton Beach should have a stronger beach presence. He also commended Public Works for promptly repairing a major water main break in his neighborhood. Dominic Masala raised concerns that speeding continued on First Court between Gateway Boulevard and 26th Avenue. He noted that while speed bumps were installed in June and helped slow some cars, drivers were now cutting through parking lots to avoid them, creating a greater safety risk for pedestrians. He suggested that sidewalks be added to protect residents, many of whom are seniors using walkers or wheelchairs, from having to walk in the street. He emphasized that the community takes pride in maintaining its property but requested that the City consider lowering the speed bumps or implementing other solutions to improve safety. 265 City Commission Meeting Boynton Beach, FL August 19, 2025 4 Kimberly Chase stated that short-term rental noise has continued to cause problems in her neighborhood, despite some improvements after past discussions with City staff. She emphasized that Boynton Beach needs more trauma-informed care and crisis intervention training for Police and City employees, noting that not all interactions have been handled with dignity and compassion. She pointed out that the victim services sign at the Police Station directs residents to Delray Beach. She urged the City to consider better access to resources such as the 988-crisis hotline, NAMI, and 211, which provide immediate and confidential support for individuals and families facing emergencies. Jim Czizik, Chair of the Senior Advisory Board, spoke about the upcoming Senior Prom on September 12 at the Women’s Club, intended to unite 15 0–200 seniors from all four districts. He noted strong turnout from District One but limited response from others, and asked the City Commission to help promote the event. He emphasized its importance in bringing the community together and suggested offering free tickets if needed to boost participation. Barbara Reedy raised concerns about two Consent Agenda items : item 6B, she supported the pilot program to help Police address mental health issues, but stressed that the entire Police force should receive thorough training; item 7B, regarding the wedding planning organization using the Women’s Club, she supported the idea but cautioned that it should not be an exclusive contract limiting other options. She also questioned what the City’s share of revenue would be and expressed concern that the arrangement could privatize a public facility without ensuring that the City benefits fairly. Mayor Shelton turned to virtual comments, and there were none. She closed Public Comment. 5. Administrative A. Advisory Board Appointments.- Tabled at the July 15, 2025 Meeting and August 5, 2025 Meeting. Motion: Vice Mayor Hay moved to remove Item 5A from the table. Commissioner Turkin seconded the motion. The motion passed unanimously. Commissioner Cruz stated that another application had been submitted prior to the meeting, but too soon to appear on the agenda, and requested to review that application before making an appointment. 266 City Commission Meeting Boynton Beach, FL August 19, 2025 5 Motion: Commissioner Turkin moved to table the item. Commissioner Cruz seconded the motion. The motion passed unanimously. B. Community Support Funds- Vice Mayor Hay Deputy City Clerk Stanzione confirmed that Vice Mayor Hay requested to allocate $1,000 to the Boynton Beach High School football team. Motion: Commissioner Turkin moved to approve. Commissioner Kelley seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R25-215- Approving the Work Experience Program and approving a standard template Agreement between the City and Palm Beach School for Autism, Inc. B. Proposed Resolution No. R25-216- Approve the Memorandum of Understanding (MOU) between the City of Boynton Beach and the Health Care District of Palm Beach County establishing a pilot program to assist law enforcement in effectively responding to and linking residents to appropriate behavioral health or substance abuse services. C. Proposed Resolution No. R25-217- Approve an increase in the annual expenditure to Alpha1 Staffing/Search Firm, LLC by correcting a scrivener's error in Resolution No. 25- 011, approved on January 7, 2025, to reflect an annual expenditure of $260,000, not $120,000 as originally stated. D. Proposed Resolution No. R25-218- Approve sports provider facility use agreement between City of Boynton Beach and East Boynton Blaze Baseball Inc. for the use of Galaxy Park located at 301 Galaxy Way, Boynton Beach, FL 33435, and authorizing the Mayor to execute the agreement. E. FY 24-25 Third Quarter Schoolhouse Children's Museum Report to Commission. F. Commission Meeting Minutes. Motion: 267 City Commission Meeting Boynton Beach, FL August 19, 2025 6 Commissioner Turkin moved to approve the consent agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R25-219- Approving a three-year agreement with CivicPlus for website and Municode hosting, maintenance, and support service not exceeding $50,000 annually for a total expenditure not exceeding $150,000 over the contract term. B. Proposed Resolution No. R25-220- Approve an agreement between the City of Boynton Beach and The Knot Worldwide, Inc. a global premiere company that provides products and services for couples who are planning weddings and other life milestones. C. Proposed Resolution No. R25-221- Awarding Request for Qualifications No. UTL25- 018Q for Chapel Hill Drainage Improvements - Engineering and Design Services to Baxter & Woodman, Inc., approving an Agreement between the City and Baxter & Woodman, Inc. in an amount not to exc eed $1,490,827, and approving a budget transfer to allocate sufficient funding for the project. D. Proposed Resolution No. R25-222- Approving a Piggyback Agreement with Trane U.S. Inc. for the replacement of (2) DX Packaged AC Units located in the adjacent mechanical housing building at the West Water Treatment Plant and a 20-ton split system at the Utilities Administration Building, for an estimated expenditure of $391,126.72 plus a 10% contingency, for a total expenditure not to exceed $430,239.39. E. Proposed Resolution No. R25-223- Approving a piggyback agreement with Pantropic Power, Inc., an authorized Caterpillar, Inc. dealer, utilizing Sourcewell contract 040924- CAT Contract for East Water Treatment Plant Rental Generator for a not-to-exceed amount of $136,871.60 annually. F. Proposed Resolution No. R25-224- Approve a Piggyback Agreement between the City of Boynton Beach and Advanced Roofing, Inc. utilizing Equalis Group Bid No. RFP-R10- 1166 for reroofing and installation services for the re-roofing of the Public Works Auxiliary Building in the amount of $212,094.55, plus a 10% contingency of $21,209.45, not to exceed $233,304. 268 City Commission Meeting Boynton Beach, FL August 19, 2025 7 G. Proposed Resolution No. R25-225- Approve increasing the annual expenditure on the Purchase Order with Amazon Business for the purchase of supplies on an as-needed basis from $300,000 to an amount not to exceed $450,000. H. Proposed Resolution No. R25-226- Approve an Agreement with Waste Management Inc. of Florida for Recycling Materials, with an Annual Expenditure not to exceed $490,000. Motion: Commissioner Turkin moved to approve Consent Bids and Purchases over $100,000 . Commissioner Kelley seconded the motion. The motion passed unanimously. 8. Public Hearing A. Proposed Ordinance No. 25-006- Second Reading, An Ordinance of the City Commission of the City Of Boynton Beach, Florida, Amending Part II, Chapter 27, Article I, Section 27-2 "Board or Committee Member Selection; Organization; Qualifications; Term," establishing limited authority to waive certain appointment requirements; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Deputy City Clerk Stanzione read the ordinance title into the record. City Attorney Lamb noted that there have been no changes since first reading. Mayor Shelton opened to public comment. David Katz stated that the proposed ordinance was unnecessary and the result of past Commission actions. He argued that term limits for Board Members were unreasonable, noting that volunteers willing to serve long-term should not be removed, as this eliminated valuable institutional knowledge. He added that requiring Commission approval of Board Chairs and Vice Chairs was unnecessary, since Board Members knew their peers best and Commission Members rarely attended those meetings. He further emphasized that only City residents should serve on boards, not individuals from outside Boynton Beach. Susan Oyer of Boynton Beach stated that Board Members should be allowed to serve on multiple boards as a rule, not just at the discretion of others, since the City often struggled to recruit volunteers. She supported eliminating term limits, agreeing with David Katz that institutional knowledge from long-serving members such as Betty Rowe was invaluable. She emphasized that City boards were volunteer positions, not political roles, and that 269 City Commission Meeting Boynton Beach, FL August 19, 2025 8 experienced residents who regularly participated in City affairs should be encouraged to serve without restriction. Mayor Shelton closed Public Comment. Vice Mayor Hay stated that the City had long struggled to fill board va cancies and that those willing to serve should be allowed to continue if no replacements were available. He agreed that term limits were necessary for Commissioners but not for volunteer board members. He added that business owners in Boynton Beach should have a voice on committees, while those with no real ties to the City, such as residents of other municipalities, should not serve. City Attorney Lamb explained that the ordinance provided a waiver option, allowing the Commission to extend term limits without removing them entirely. She noted that some boards might benefit from term limits while others may not, and the waiver would give flexibility. She added that when applicants came before the Commission, it would be appropriate to consider factors such as residency, business ownership, and significant contacts within the City. Motion: Commissioner Turkin moved to approve Ordinance No. 25-006 on Second Reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 25-011- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Chapter 2, Article III "Elections" of the City Code Ordinances, to re-title Section 2-42 to read "Candidate Requirements and Qualifications, Official Ballot, and Filing Fees" establishing qualifying requirements, modifying the number of petitions required to run for office, and the amount of the Campaign Filing Fee; and creating Section 2-48 entitled "Campaign Signs- Bonds, Penalties, and Financial Responsibility;" providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Deputy City Clerk Stanzione read the ordinance title into the record. City Attorney Lamb noted that there have been no changes since first reading. Mayor Shelton opened public comment. Mack McCray expressed appreciation that qualifying requirements had been included, 270 City Commission Meeting Boynton Beach, FL August 19, 2025 9 noting that the change was long overdue. Mayor Shelton closed public comment. Motion: Commissioner Kelley moved to approve Ordinance No. 25-011 on Second Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager’s Report There was no City Manager’s Report. 10. Regular Agenda A. Proposed Ordinance No. 25-012- First Reading, An Ordinance of the City of Boynton Beach, Florida, repealing Section 16-44 of the City Code of Ordinances Entitled "Gambling"; providing for codification; conflicts; severability; and an effective date. Proposed Ordinance No. 25-014- First Reading, An Ordinance of the City of Boynton Beach, Florida, repealing Article XII, Section 15-128 through 15-133 of Chapter 15 of the City Code of Ordinances, which established and revised the prohibition of loitering in the City of Boynton Beach; providing for codification; conflicts; severability; and an effective date. Deputy City Clerk Stanzione read the ordinance titles into the record. City Attorney Lamb explained that the City Attorney’s Office had been reviewing ordinances over the past year and a half and repealing those that were redundant. The ordinance under consideration was preempted by State Statute regarding gambling, and the repeal was part of the ongoing effort to clean up and streamline the City’s code. Motion: Commissioner Kelley moved to approve Proposed Ordinance No. 25-012 on First Reading. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion: Commissioner Cruz moved to approve Proposed Ordinance No. 25-014 on First Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 25-015- First Reading, An ordinance of the City of Boynton Beach, Florida amending Chapter 10, Article III, entitled "Abandoned Property" by repealing Article III in its entirety and replacing it with a new Article 271 City Commission Meeting Boynton Beach, FL August 19, 2025 10 III entitled "Abandoned Property;" amending Chapter 12 entitled "reserved" by renaming it "Foreclosed, Vacant, and Unimproved Property Registration Program" and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Deputy City Clerk Tammy Stanzione read the ordinance title into the record. Candice Stone, Community Standards Director, spoke about the following: purpose of ordinance amendments; update highlights; and questions. Commissioner Kelley asked about the purpose and process for vacant property registration. Director Stone explained that the ordinance expanded foreclosure registration to include long-term vacant properties, generally empty for six months or more. She stated that a contracted company identifies properties, manages registration, and collects fee s shared with the City, ensuring that the City can monitor and maintain properties to prevent blight. Mayor Shelton asked if the ordinance would allow action on abandoned properties being used for gatherings without no-trespassing signs. City Attorney Lamb explained that the ordinance did not specifically address that, but would trigger a code enforcement complaint, which could lead to a citation if the property was unregistered. City Manager Dugger added that the ordinance included maintenance and sec urity requirements, though not to the level described . City Attorney Lamb noted that a correction would be made between first and second reading to change the timeline for removal of abandoned property from ten days to five. Motion: Commissioner Turkin moved to approve Proposed Ordinance No. 25 -015 on First Reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. C. Proposed Ordinance No. 25-016- First Reading, An ordinance of the City of Boynton Beach, Florida repealing and replacing Chapter 15 "Offenses- Miscellaneous*," Article I "In General" Noise Control-Short title," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. 272 City Commission Meeting Boynton Beach, FL August 19, 2025 11 Motion: Commissioner Kelley moved to table Proposed Ordinance No. 25-016. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed 4-0 (Commissioner Turkin was not present on the dais). D. Proposed Ordinance No. 25-017- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, correcting errors in the legal descriptions contained in Ordinance 23-006 approving the abandonment of the 225-foot long segment of the 20-foot wide right-of-way located within the northern section of the proposed The Pierce development approximately 175 feet south of the East Boynton Beach Boulevard centerline (a.k.a. "North Alley"), the 225-foot long segment of the 40-foot wide NE 1st Avenue right-of- way, and the 335.02-foot long segment of the 20-foot wide right-of-way located within the southern section of the proposed The Pierce development, approximately 150 feet north of the East Ocean Avenue centerline (a.k.a. "South Alley"); authorizing the City Manager to execute an amended disclaimer, which shall be recorded with this ordinance in the public records of Palm Beach County, Florida; providing an effective date; and for all other purposes. Deputy City Clerk Tammy Stanzione read the ordinance title into the record. Amanda Radigan, Planning and Development Director, introduced Engineering Division Director William Leidy, who briefly reviewed the changes. Commissioner Turkin welcomed Director Leidy. Motion: Vice Mayor Hay moved to table Proposed Ordinance No. 25 -017 on First Reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. E. Proposed Ordinance No. 25-018- First Reading, An ordinance of the City of Boynton Beach, Florida amending Chapter 14 "Motor Vehicles and Traf fic," Section 14-5 "Stopping, standing, parking, or storage prohibited in specified places," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date Deputy City Clerk Tammy Stanzione read the ordinance title into the record. 273 City Commission Meeting Boynton Beach, FL August 19, 2025 12 Community Standards Director Candice Stone spoke on the following: purpose of ordinance amendment; update highlights; and questions. Mayor Shelton commented that concerns had been raised about parking restrictions on First and Second Avenue. She noted support for neighborhood cleanup but questioned how the rules would affect residents with visitors, such as a neighbor whose elderly mother’s car would extend into the sidewalk. She suggested the policy be reviewed , to avoid unfair impacts. Commissioner Turkin stated that residents in Forest Park were being unfairly fined for parking across sidewalks that did not exist when they bought their homes , and stressed that notice should have been given before citations. City Attorney Lamb clarified that the existing ordinance had always prohibited blocking sidewalks, including those across driveways, because of ADA compliance. Commissioner Turkin responded that in his years living in the neighborhood no citations had ever been issued until now and argued that enforcement without notice was unfair to residents who maintained their properties and purchased homes , before sidewalks were installed. He suggested reconsidering the sidewalk language or setting reasonable exceptions to avoid punishing law-abiding residents. Mayor Shelton agreed with Commissioner Turkin, stating that an eight-hour limit was not reasonable for families hosting visitors. She expressed concern that residents received tickets without warning or education, noting that in past cases Code Enforcement had issued notices first. She emphasized that the sudden issuance of tickets in the last 24 hours unfairly impacted responsible residents while true violators remained the problem. City Manager Dugger clarified that citations were issued under an existing ordinance by the Police, not Code Enforcement. He stressed that sidewalks could not be blocked due to ADA liability and noted that while concerns about timing and notice were valid, enforcement discretion rested with law enforcement. City Attorney Lamb explained that ADA liability was not a concern since the City would not be liable for someone else parking a vehicle. She noted that the change came from the Police Department seeking clarification so residents understood they could not block their own driveway. She added that if the City Commission wanted more flexible language regarding blocking sidewalks in driveways, she could draft revisions for the second reading. 274 City Commission Meeting Boynton Beach, FL August 19, 2025 13 Commissioner Cruz suggested focusing on local nuisances and exploring limits on vehicles per household rather than duplicating state law. City Attorney Lamb responded that State law allows stricter limits but not weaker ones, and eliminating sidewalk restrictions entirely could create problems, such as vehicles blocking business sidewalks. She noted that the City Commission could strike the amendment to sidewalks and leave the current ordinance unc hanged or direct staff to revisit the language for future revision. Mayor Shelton stated that enforcement should distinguish between true obstruction, such as multiple vehicles blocking access, and a single car parked briefly, like a family member visiting. She expressed concern that recent ticketing in Forest Park seemed inconsistent, noting that she wanted to see how many citations were issued. Commissioner Turkin emphasized that residents should have been given notice before citations were issued, noting frustration that tickets were handed out under an existing ordinance even though sidewalk enforcement had not been a priority in the past. He questioned why this was happening now and requested a report of all citations issued in the last week. He stated that he was in favor of striking the sidewalk provision from the ordinance and asked staff to develop additional options, while stressing his appreciation for law enforcement and code staff and his concern about the perception of selective enforcement. Vice Mayor Hay stated that double parking remained a serious concern, as it often blocked access and could hinder emergency response, and suggeste d exploring options such as signage. City Attorney Lamb explained that sections four, five, and six of the ordinances addressed double parking and should move forward, while the sidewalk provision could be revisited. She recommended a motion to approve with direction to staff to refine section 1b to find a solution acceptable to the City Commission. Chief DeGiulio clarified that after receiving a text from Commissioner Turkin about parking concerns on Southwest First Street, traffic officers were sent to check for ordinance violations. He emphasized that the direction was to address parking issues generally under the existing ordinance, not specifically sidewalk violations, and that the request stemmed directly from the photo Commissioner Turkin provided. City Manager Dugger stated that more complaints will arise as parking enforcement continues, even with notices, because the City is changing long-standing standards. He noted that friends, families, and neighbors will receive citations, and emphasized no t 275 City Commission Meeting Boynton Beach, FL August 19, 2025 14 placing blame on staff, since they are enforcing ordinances set by the City Commission to improve neighborhoods and enhance City code standards. Commissioner Cruz suggested creating a clear time frame between first discussion and second reading during which ordinances would not be enforced until the City Commission made a final decision. She added that setting a maximum number of vehicles per household could address concerns more effectively, while pausing enforcement on sidewalk issues in the meantime. Deputy City Manager Mack recommended approving the ordinance on first reading while directing staff to review and possibly modify the sidewalk language for clarity. He noted that enforcement may require additional training, citing instances where minor overhangs still left walkways passable. He added that recent citations appeared premature and should be addressed through this process, and emphasized that the ordinance could be further refined between first and second reading or after implementation. City Attorney Lamb noted that West Palm Beach addresses parking challenges on narrow streets by designating some as one-way, which allows on-street parking on one side while keeping a travel lane open. She suggested this could be a long-term option for the City to consider and acknowledged the idea came from someone in the audience. Motion: Vice Mayor Hay moved to approve Proposed Ordinance No. 25-018 on First Reading, with direction to staff to amend Item 1B. Commissioner Kelley seconded the motion. The motion passed unanimously. F. Proposed Resolution No. R25-227- Adopting the Boynton Beach 2025 Economic Development Plan Economic Development Director Gigi Chazu spoke on the following: Why This Plan, Why Now; Vision, Mission, & Aspirational Goals; Guided by 5 Principles; Principle 1 – Downtown & Waterfront Reinvestment; Principle 2 – Business Attraction & Retention; Principle 3 – Workforce Development & Housing; Principle 4 – Placemaking; Principle 5 – Economic Development Marketing; Implementation Matrix; and Key Actions. Economic Development Director Chazu also showed a video, highlighting Economic Development. Motion: Commissioner Turkin moved to table Proposed Resolution R25-227. Vice Mayor Hay seconded the motion. The motion passed unanimously. 276 City Commission Meeting Boynton Beach, FL August 19, 2025 15 11. Future Agenda Items A. Discussion regarding creating a beautification board. – TBD Requested by Commissioner Turkin. B. Discussion regarding Citywide Master Plan to light up the City.- TBD Requested by Commissioner Turkin. C. Discussion on utility lift station upgrades and odor control - TBD Requested by Vice Mayor Hay. D. Discussion in regards to an additional area that might be available as a future cemetery.- Pending meeting with City Real Estate Manager. Requested by Vice Mayor Hay. E. Discussion regarding combining City properties together to create senior affordable housing.- Pending Joint Meeting with the CRA. Requested by Vice Mayor Hay. F. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz Requested by Commissioner Cruz. G. Discussion regarding the expansion of ShotSpotter south of Boynton Beach Boulevard.- TBD. Requested by Commissioner Thomas Turkin. H. Update on the City's Strategic Planning efforts. - TBD Update requested by Commission Woodrow Hay. I. Discussion regarding bulk trash pickup. - TBD Discussion requested by Commissioner Angela Cruz. J. Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. – TBD. Requested by Commissioner Cruz 12. Adjournment 277 City Commission Meeting Boynton Beach, FL August 19, 2025 16 Commissioner Turkin requested updates on the Environmental Impact Study, Senior Prom marketing, and the comprehensive plan, noting that it had already begun. He reiterated opposition to the train station, thanked the City Attorney’s Office, and asked that upcoming reviews for leadership include measurable accomplishments such as progress on the strategic plan, public safety, and cost savings. Commissioner Cruz suggested adding social media promotion for the Senior Prom. Mayor Shelton requested that it be placed on the digital sign. Commissioner Turkin suggested targeting 55-plus communities for Senior Prom outreach, recommending mailers, flyers, and direct contact with HOA leaders. He noted the importance of timing, since many residents return in November or later, and emphasized that the City should meet people where they are, to ensure strong participation. Motion: Commissioner Turkin moved to Adjourn. Vice Mayor Hay seconded the motion. The motion passed unanimously. With no further business to discuss, the meeting is adjourned at 8:04 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 278 City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, September 2, 2025, at 6:00 P.M. Present: Vice Mayor Woodrow L. Hay Andrew Mack, Deputy City Manager Commissioner Angela Cruz Shawna Lamb, City Attorney Commissioner Thomas Turkin Maylee De Jesús, City Clerk Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Vice Mayor Woodrow Hay Vice Mayor Hay called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesús called the roll. Invocation by Vice Mayor Woodrow Hay The invocation was given by Vice Mayor Hay. Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin The Pledge of Allegiance was led by Commissioner Turkin Agenda Approval: 1. Additions, Deletions, Corrections City Attorney Lamb discussed waivers for advisory board appointments and requested that the Historic Resources Preservation Board item be tabled to the next meeting. Commissioner Turkin requested a workshop with staff to proactively prepare Legislative initiatives and grant proposals in advance of the upcoming session in Tallahassee. There was consensus from the Commission. 2. Adoption Motion: Commissioner Turkin moved to approve the agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 279 City Commission Meeting Boynton Beach, FL September 2, 2025 2. Other A. Informational items by the Members of the City Commission There were none. 3. Announcements, Community and Special Events, And Presentations A. State of Education Report by District 4 School Board Member Erica Whitfield. District 4 School Board Member Erica Whitfield will give a report on the State of Education. District 4 School Board Member Erica Whitfield presented the State of Education Report. She reported that the County maintained its A rating, while the local High School increased to a B rating. She discussed performance levels of other schools within the district and noted that over 5,000 expected students did not enroll this year. She referenced the ESG Report, which highlighted areas needing improvement across the County. She suggested that partnerships with the community, including Adult Education Programs and technical training support, would help prepare workers for in-demand fields. She invited the Commission to interact with students on February 20 to demonstrate transparency in government. B. Proclamation- Hunger Action Month. Commissioner Kelley read the proclamation into the record. Allyson Vaulx expressed appreciation to the entire City Commission for recognizing the organization. She noted that there is a location in Boynton Beach and described additional services provided at that site. C. Presentation by The Veterans of Foreign Wars Post 5335 of Boynton Beach. Jonathan Burton spoke about passing on the Veteran Flag to the City and noted that they currently do not have a permanent location, but will be securing one soon. He also acknowledged the Veterans that attended the meeting. D. Announcement of the Boynton Beach Senior Prom on Friday, Sept. 12. Justin Johnson, Marketing and Outreach Manager, announced the Senior Prom event. E. Announcement of the City of Boynton Beach 9/11 Memorial ceremony. Mr. Johnson announced the upcoming 9/11 Ceremony, and noted that Florida Power & Light will sponsor a breakfast at the event. 4. Public Audience Mack McCray commended the staff for putting the City Commission pictures back in the lobby. He mentioned that the agenda used to be printed and placed in the lobby. 280 City Commission Meeting Boynton Beach, FL September 2, 2025 David Katz stated that he would like to address two advisory appointments. He urged that the first ordinance be tabled because it is too vague. Susan Oyer stated that the City has still not publicized right-turn-only lanes and suggested that notices be sent out. She also mentioned a median that should be removed because it will cause an accident. Ernest Mignoli asked why he could not get any protection from the City since he observes crime around the community. He spoke about people talking about him and how he had been arrested multiple times. He said that he was getting information from insiders about problems at schools. There were no online comments. 5. Administrative A. Advisory Board Appointments (Tabled at the July 15, 2025, August 5, 2025, and August 19, 2025, Meetings.) Motion: Commissioner Turkin moved to table the appointments. Commissioner Cruz seconded the motion. The motion passed unanimously. B. Community Support Funds. Approve Community Support Fund request from Vice Mayor Hay and Commissioner Kelley. Motion: Commissioner Turkin moved to approve the Community Support Funds. Commissioner Kelley seconded the motion. The motion passed unanimously. Commissioner Kelley spoke about Feeding South Florida and encouraged volunteers to participate. She noted that this annual donation drive kicks off the holiday season and emphasized that the goal this year is to double the number of baskets provided. 6. Consent Agenda A. Proposed Resolution No. R25-228 - Approve transmittal of the City of Boynton Beach State Housing Initiative Partnership (SHIP) Program Annual Report for FY2022-2023, and authorize the Mayor to sign the corresponding Local Housing Certification. B. Proposed Resolution No. R25-229- Approve a First Amendment to the Subrecipient Agreement between the City and Boynton Beach Faith-Based Community Development Corporation, Inc. for Owner-Occupied Limited Housing Rehabilitation Program, extending the term of the Agreement 281 City Commission Meeting Boynton Beach, FL September 2, 2025 through December 31, 2025. C. Proposed Resolution No. R25-230- Approving Community Development Block Grant Subaward Agreements between the City and Pathways to Prosperity, Inc., Feeding South Florida, Inc., Legal Aid Society of Palm Beach County, Inc., and Sea Turtle Adventures, Inc. for fiscal year 2025. D. Proposed Resolution No. R25-231- Authorizing the City Commission to set rates, fees, and charges for Water, Wastewater, Stormwater, and Reuse Water, for the upcoming Fiscal Year 2025-26 and adopting preliminary rates through 2028-2029. E. Proposed Resolution No. R25-232- Approve and authorize the Mayor to accept a Letter of Intent (LOI) from Affiliated Development, authorize the Mayor to execute the LOI, the purchase and sale agreement, a deed, and any other documents necessary to convey a 5' x 45' sliver of property owned by the City, situated at the southeast corner of NE 1st Avenue and NE 4th Street. F. Commission Meeting Minutes. Motion: Commissioner Turkin moved to Table 6D. Commissioner Cruz seconded the motion. The motion passed unanimously. Motion: Commissioner Kelley moved to approve the remaining Consent Agenda. Commissioner Turkin seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases A. Proposed Resolution No. R25-233- Award Invitation to Bid No. 25-071B for Coquina Cove Drainage Improvement Project to Southern Underground Industries, Inc., and approve the Agreement between the City and Southern Underground Industries, Inc. in the amount of $5,872,846 with an additional 10% contingency in the amount of $587,284.60 for staff-authorized change orders to address unforeseen conditions, bringing the total not-to- exceed contract and purchase order amount to $6,460,130.60. Additionally, approve a budget transfer to allocate sufficient funding for this project. B. Proposed Resolution No. R25-234- Approve amendment to the original Sole Source agreement with Barney's Pumps, Inc., with an increase of $100,000, resulting in the new not-to-exceed amount of $500,000 annually to allow the City to save tax savings as part of a direct owner purchase. 282 City Commission Meeting Boynton Beach, FL September 2, 2025 C. Proposed Resolution No. R25-235- Authorize the Mayor to execute the Interlocal Agreement (ILA) with the North Central Texas Council of Governments (TxShare) Â Proposed Resolution No. R25 -236- Approve Piggyback Purchase through TxShare by Executing Interlocal Agreement for Roadway Evaluation Services with IMS Infrastructure in an amount not to exceed $35,725.00 (REQ 90742). D. Proposed Resolution No. R25-237- Approve a Single Source Agreement with Sages Networks, Inc. for Electronic Plan Review, Permitting, Mobile Inspections, and Code Enforcement software not to exceed $200,000 per year for a three (3) year term commencing on September 15, 2025, through September 14, 2028. E. Proposed Resolution No. R25-238- Approving an increase in the annual expenditure from $2,400,000 to $3,680,000 for Asphalt Repair and Resurfacing Services provided by Atlantic Southern Paving and All County Paving. Motion: Commissioner Turkin moved to approve the Consent Bids and Purchases. Commissioner Kelley seconded the motion. The motion passed unanimously 8. Public Hearing A. Proposed Ordinance No. 25-012- Second Reading, An Ordinance of the City of Boynton Beach, Florida, repealing Section 16-44 of the City Code of Ordinances Entitled "Gambling"; providing for codification; conflicts; severability; and an effective date. City Clerk De Jesús read the title into the record. City Attorney Lamb stated that there were no change s. Vice Mayor Hay opened public comment, there were no speakers, so he closed public comment. Motion: Commissioner Kelley moved to approve Ordinance No. 25-012 on Second Reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 25-014- Second Reading, An Ordinance of the City of Boynton Beach, Florida, repealing Article XII, Section 15 -128 through 15-133 of Chapter 15 of the City Code of Ordinances, which established and revised the prohibition of loitering in the City of Boynton Beach; 283 City Commission Meeting Boynton Beach, FL September 2, 2025 providing for codification; conflicts; severability; and an effective date. City Clerk De Jesús read the title into the record. City Attorney Lamb stated that there were no change s. Vice Mayor Hay opened public comment, there were no speakers, so he closed public comment. Motion: Commissioner Kelley moved to approve Ordinance No. 25 -014 on Second Reading. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. C. Proposed Ordinance No. 25-015- Second Reading, An ordinance of the City of Boynton Beach, Florida amending Chapter 10, Article III, entitled "Abandoned Property" by repealing Article III in its entirety and replacing it with a new Article III entitled "Abandoned Property;" amending Chapte r 12 entitled "reserved" by renaming it "Foreclosed, Vacant, and Unimproved Property Registration Program" and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. City Clerk De Jesús read the title into the record. Candice Stone stated that there were no changes since First Reading. Commissioner Cruz asked for confirmation that there were no concerns from residents. Vice Mayor Hay opened public comment, there were no speakers or concerns from residents, so he closed public comment. Motion: Commissioner Turkin moved to approve Ordinance No. 25-015 on Second Reading. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. D. Proposed Ordinance No. 25-017- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, correcting errors in the legal descriptions contained in Ordinance 23-006 approving the abandonment of the 225- foot long segment of the 20-foot wide right-of-way located within the northern section of the proposed The Pierce development approximately 175 feet south of the East Boyn ton Beach Boulevard 284 City Commission Meeting Boynton Beach, FL September 2, 2025 centerline (a.k.a. "North Alley"), the 225-foot long segment of the 40-foot wide NE 1st Avenue right-of-way, and the 335.02-foot long segment of the 20-foot wide right-of-way located within the southern section of the proposed The Pierce development, approximately 150 feet north of the East Ocean Avenue centerline (a.k.a. "South Alley"); authorizing the City Manager to execute an amended disclaimer, which shall be recorded with this ordinance in the public records of Palm Beach County, Florida; providing an effective date; and for all other purposes. City Clerk De Jesús read the title into the record. Vice Mayor Hay opened public comment, there were no speakers, so he closed public comment. Motion: Commissioner Turkin moved to approve Ordinance No. 25-017 on Second Reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. E. Proposed Ordinance No. 25-018- Second Reading, An ordinance of the City of Boynton Beach, Florida, amending Chapter 14 "Motor Vehicles and Traffic," Section 14-5 "Stopping, standing, parking, or storage prohibited in specified places," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Motion: Commissioner Kelley moved to table Ordinance No. 25-018 until October 21. Commissioner Turkin seconded the motion. The motion passed unanimously. 9. City Manager’s Report There was no City Manager’s Report. 10. Regular Agenda A. Proposed Ordinance No. 25-021- First Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 15, Article I, Section 15-19 "Non-Smoking Areas" of the City's Code of Ordinances; providing for conflicts, severability, codification, and an effective date. City Clerk De Jesús read the title into the record. City Attorney Lamb stated that the item was requested by Parks and Recreation , because of the amount of littering being found in City parks. She noted concerns regarding 285 City Commission Meeting Boynton Beach, FL September 2, 2025 cigarette butts left in parking lots. Vice Mayor Hay asked if there was a fine associated with the violation. City Attorney Lamb responded that she would provide the information to the City Commission. Commissioner Turkin stated that he understood the concerns but preferred to table the item until additional options were presented. There was consensus to table the matter to October 21 as a discussion item. Motion: Commissioner Turkin moved to table Ordinance No. 25-018 until October 21, as a discussion item. Commissioner Cruz seconded the motion. The motion passed unanimously. B. Capital Improvement Plan quarterly project update. Assistant Director of Public Works Rick Hoffer presented the following: CIP 3Q FY24/25 update summary; projects by category; and questions. Commissioner Turkin thanked Mr. Hoffer for the detailed report and stated that it was extremely helpful for everyone to see how taxpayer dollars were being used. Commissioner Cruz expressed appreciation to all departments involved and thanked staff for their work. Commissioner Kelley stated that quarterly updates were important to track progress on community investments. She noted that the City should be more creative with funding and pursue additional federal grants. Vice Mayor Hay commented that having 50 projects underway was outstanding and thanked staff for their efforts. 11. Future Agenda Items A. Discussion regarding creating a beautification board. - TBD Requested by Commissioner Turkin. B. Discussion regarding Citywide Master Plan to light up the City.- TBD Requested by Commissioner Turkin. C. Discussion on utility lift station upgrades and odor control - TBD Requested by Vice Mayor Hay. 286 City Commission Meeting Boynton Beach, FL September 2, 2025 D. Discussion in regards to an additional area that might be available as a future cemetery.- TBD Requested by Vice Mayor Hay. E. Discussion regarding combining City properties together to create senior affordable housing.- TBD Requested by Vice Mayor Hay. F. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Pending meeting with Commissioner Cruz Requested by Commissioner Cruz. G. Discussion regarding the expansion of ShotSpotter south of Boynton Beach Boulevard.- TBD Discussion requested by Commissioner Thomas Turkin. H. Update on the City's Strategic Planning efforts. TBD Update requested by Commission Woodrow Hay. I. Discussion regarding bulk trash pickup. - TBD Discussion requested by Commissioner Angela Cruz. J. Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. - TBD Requested by Commissioner Cruz. K. Follow-up report on the State of Florida DOGE request.- TBD Staff will provide an update to the City Commission regarding the State of Florida DOGE request. 12. Adjournment With no further business to discuss, the meeting was adjourned at 7:03 P.M. Motion: Commissioner Turkin moved to Adjourn. Commissioner Kelley seconded the motion. The motion passed unanimously. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 287 City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Monday, September 8, 2025, at 6:00 P.M. Present: Vice Mayor Woodrow L. Hay Daniel Dugger, City Manager Commissioner Angela Cruz Shawna Lamb, City Attorney Commissioner Thomas Turkin Tammy Stanzione, Deputy City Clerk Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Rebecca Shelton Vice Mayor Hay called the meeting to order at 6:00 P.M. Roll Call Deputy City Clerk Tammy Stanzione called the roll. Invocation by Vice Mayor Woodrow Hay The invocation was given by Vice Mayor Hay. Pledge of Allegiance to the Flag led by Commissioner Angela Cruz. The Pledge of Allegiance was led by Commissioner Cruz. Agenda Approval: 1. Additions, Deletions, Corrections There were none. 2. Adoption Commissioner Kelley questioned the absence of a general public comment section . City Attorney Lamb clarified that each agenda item included its own public hearing. Vice Mayor Hay requested the addition of a City Attorney update under Item 1C. Motion: Commissioner Kelley moved to approve the agenda, as amended. Commissioner Turkin seconded the motion. The motion passed unanimously. 288 City Commission Meeting Boynton Beach, FL September 8, 2025 B. Announce Second Budget Hearing The second budget hearing was announced for Thursday, September 18, 2025, at 6:00 P.M. in the City Commission Chambers. C. Update from Legal City Attorney Lamb reported that the City had received the second installment of $5.8 million from the $3M PFAS litigation settlement, bringing the total received to just over $8 million. She stated that the funds were allocated to the General Fund and Utilities and noted that additional litigation involving Firefighter foam was forthcoming. 2. Regular Agenda A. Public Hearing on Proposed Resolution No. R25-239- Approve the provision of canal maintenance services in the City of Boynton Beach, Florida; approving the assessed costs and assessment rates for canal maintenance services for the fiscal year beginning on October 1, 2025; imposing canal maintenance services special assessments against assessed property located within the City of Boynton Beach for the fiscal year beginning on October 1, 2025; providing for severability; providing for conflicts; and providing an effective date. City Manager Dugger explained that the Canal Maintenance Program continued the practice of spraying overgrown vegetation to ensure water flow. Commissioner Kelley asked for updates on long-term solutions such as culvert redesigns. City Manager Dugger responded that a previous state funding request had been denied but could be reintroduced as a multi-jurisdictional project with Delray Beach, the Lake Worth Drainage District, and the South Florida Water Management District. Commissioner Turkin recommended reaching out to Delray Beach. Vice Mayor Hay opened public comment, there were no speakers, so he closed public comment. Motion: Commissioner Cruz moved to approve Resolution No. R25-239. Commissioner Turkin seconded the motion. The motion passed unanimously. B. Public Hearing on Proposed Resolution No. R25-240- Adopting the final fire assessment fee for fiscal year 2025-2026. City Attorney Lamb reported that the Fire Assessment Fee would remain unchanged from 289 City Commission Meeting Boynton Beach, FL September 8, 2025 the prior year. Vice Mayor Hay opened public comment, there were no speakers, so he closed public comment. Motion: Commissioner Kelley moved to approve Resolution No. R25 -240. Commissioner Cruz seconded the motion. The motion passed 3-1, with Commissioner Turkin dissenting. C. Public Hearing on Proposed Resolution No. R25-241- A Resolution of the City of Boynton Beach, Florida adopting a proposed millage rate for the City’s general operating fund for the fiscal year beginning October 1, 2025 and ending September 30, 2026, announcing the percent, if any, the proposed millage rate exceeds the rolled -back rate; announcing the date, time and place of the second and final public hearing on the budget and millage rate; providing for severability, conflicts and providing an effective date. Public Hearing on Proposed Resolution No. R25-242- A Resolution of the City of Boynton Beach, Florida, adopting a tentative budget for the fiscal year beginning October 1, 2025, and ending September 30, 2026; providing for severability, conflicts, and an effective date Deputy City Attorney Lamb read the resolution title into the record. Fabio Baca, Budget Division Director, presented the proposed FY 2025–2026 millage rate of 7.8, and mentioned that it was the same as the prior year. He stated that the rolled- back rate was 7.3764 and that they are adopting, would result in a $4.4 million revenue loss. City Manager Dugger recommended not lowering the millage below 7.75, stressing the need to maintain revenues for critical infrastructure. He explained that proposed changes to the Homestead Property Tax exemption could reduce revenues for Boynton Beach, since the City lacked additional taxing districts. He noted that the change would affect single-family residences, but not commercial or rental properties, and stated that the City might need to consider fees or sales tax allocations as alternative funding sources. Commissioner Turkin urged preparation for potential revenue impacts from homestead changes. City Manager Dugger explained that ad valorem taxes provided n early half of the General Fund, noted upcoming debt service relief, and highlighted new revenue strategies including investment gains, an ERP system, and a golf course RFP. Commissioner Kelley stated that the City should not rely on one-time settlement funds for recurring expenses. She said that the $5.8 million settlement should be reinvested into water plant upgrades rather than used for operational costs. 290 City Commission Meeting Boynton Beach, FL September 8, 2025 Commissioner Cruz stated that she supported a modest decrease to 7.75, explaining that the City could show fiscal responsibility by slightly reducing the millage rate, while still maintaining funding for infrastructure projects. Commissioner Turkin stated that he favored lowering the millage rate to 7.7. He explained that the City should be cautious about future bonds, potential utility rate hikes, and that savings should be pursued where possible. Vice Mayor Hay stated that he supported keeping the millage rate at 7.8. He explained that the City needed to be cautious not to create future shortfalls by reducing revenues, and noted that one-time funds should not be counted on to support the operating budget. Vice Mayor Hay opened public comment. David Wesley Cornish opposed any tax increase and suggested that the City should raise revenues through fines and fees rather than through property taxes. Susan Oyer stated that property taxes served a purpose but urged reductions, calling for cuts in non-essential spending. David Katz cautioned against lowering the rate, warning that doing so could require raising it again in the near future. Vice Mayor Hay closed public comment. Commissioner Cruz requested a historical analysis of the millage rate from 2020 to the present. Commissioner Turkin requested a report on spending history. City Manager Dugger noted that Delray Beach generated twice the amount of revenue with fewer residents and suggested consideration of shifting from resident property taxes to fee-based services. Vice Mayor Hay stated that he spoke with residents who would be willing to pay more for full services. There was consensus to set the millage rate at 7.75. Motion: Commissioner Cruz moved to approve Resolution No. R25 -241 with a millage rate of 7.75. Commissioner Kelley seconded. The motion passed unanimously. Vice Mayor Hay opened public comment for the tentative budget. 291 City Commission Meeting Boynton Beach, FL September 8, 2025 Susan Oyer complained about the lack of communication regarding the boil water alert on the east side of I-95. Motion: Commissioner Cruz moved to approve Resolution No. R25-242. Commissioner Kelley seconded. The motion passed unanimously. 3. Adjournment Motion: Commissioner Turkin moved to Adjourn. Commissioner Cruz seconded the motion. The motion passed unanimously. With no further business to discuss, the meeting was adjourned at 6:59 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 292 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Resolution No. R25-272- Approve a Piggyback Agreement between the City and Lhoist America of Alabama LLC for the furnishing, delivery, and discharge of Quicklime for an annual expenditure not to exceed $733,700 for Fiscal Year 2025 and $807,070 for Fiscal Year 2026. Requested Action: Staff recommends approval of Proposed Resolution No. R25-272. Explanation of Request: Contract Period: November 1, 2023, through October 31, 2026 with an option of one (1) additional three (3) year renewal. The Utilities Department utilizes Calcium Oxide (Quicklime) at the East Water Treatment Plant to soften drinking water in compliance with the Safe Drinking Water Act. On November 7, 2023, the City Commission approved the use of the Southeast Florida Governmental Purchasing Cooperative Group Bid No. 23-36B for Quicklime, with an annual expenditure authority of $550,000. Following a comprehensive review of all expenditures, staff has determined that the original approval amount is insufficient to meet operational needs. Increased material costs and water consumption demand require an upward adjustment of the expenditure authority. Staff recommends increasing the annual expenditure authority for Quicklime to: $733,700 for Fiscal Year 2025 $807,070 for Fiscal Year 2026 Staff recommends the City Commission approve annual expenditure authority for Quicklime under Southeast Florida Governmental Purchasing Cooperative Group Bid No. 23-36B to $733,000 in FY 2025 and $807,070 in FY 2026, ensuring continued compliance with water treatment requirements and uninterrupted operations at the East Water Treatment Plant. This request for increased spending approval is due to increased demand for drinking water production in addition to annual chemical cost increase. The Southeast Florida Governmental Purchasing Cooperative Group contract meets the City of Boynton Beach procurement requirements. This procurement was competitively solicited through the Southeast Florida Governmental 293 Purchasing Cooperative (Co-Op), with the City of Tamarac serving as the lead agency. The solicitation named the City of Boynton Beach as a direct participating entity, thereby allowing purchases under this agreement pursuant to the City’s procurement code exemption for Cooperative solicitations and Contracts. How will this affect city programs or services? The increase will allow for treatment of additional water to meet usage demands and continue to meet regulatory requirements for drinking water. Budgeted Item: Yes Account Line Item and Description: 401-2811-536.52-35, Process Chemicals Fiscal Impact: The fiscal impact will be $733,700 in FY 25 and $807,070 for Fiscal Year 2026 from operating account 401-2811-536.52-35, Process Chemicals. The money is already budgeted. Attachments: R25-272 Agenda_Item_3460-2025_Resolution_for_Piggyback_Agreement_-_Lhoist.docx Exhibit A to Resolution- 20250909 Lhoist Agreement.pdf Quicklime_Contract_Award_for_Co-op_Web-site_2023.pdf COI Lhoist.pdf 294 RESOLUTION NO. R25-272 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH LHOIST 2 AMERICA OF ALABAMA, LLC FOR FURNISHING, DELIVERY, AND 3 DISCHARGE OF QUICKLIME, FOR AN AMOUNT NOT TO EXCEED $733,000.00 4 ANNUALLY FOR FY2025 AND $807,070.00 ANNUALLY FOR FY2026; AND 5 FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the City requires Quicklime to soften drinking water in accordance with the 8 Safe Drinking Water Act; and 9 WHEREAS, the City of Tamarac issued an “Invitation for Bid” (ITB), acting by and through 10 Southeast Florida Governmental Purchasing Cooperative Group, to establish a cooperative 11 purchasing agreement for the Furnish, Deliver, and Discharge of Quicklime and entered into an 12 agreement with Lhoist America of Alabama, LLC (“Vendor”); and 13 WHEREAS, on November 7, 2023, the City Commission approved Purchase Orders for 14 Quicklime from the Vendor utilizing the unit pricing in the Master Agreement with an annual 15 expenditure in the amount of $550,000.00; and 16 WHEREAS, on November 19, 2024, the City Commission approved Resolution No. R24-17 300 to approve an increase in the annual expenditure to $612,737.00; and 18 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 19 best interests of the City's citizens and residents to approve the Piggyback Agreement with the 20 Vendor for the furnishing, delivery, and discharge of quicklime and increase the annual 21 expenditure to $733,000.00 for Fiscal Year 2025 and $807,070.00 for Fiscal Year 2026. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 24 BEACH, FLORIDA, THAT: 25 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption. 27 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 28 approve the Piggyback Agreement between Vendor and the City for the furnishing, delivery, and 29 discharge of quicklime for an amount not to exceed $733,000.00 annually for FY2025 and 30 $807,070.00 annually for FY2026 (the “Agreement”), in form and substance similar to that attached 31 295 RESOLUTION NO. R25-272 as Exhibit A. 32 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 33 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 34 execute any ancillary documents required under the Agreement or necessary to accomplish the 35 purposes of this Resolution. 36 SECTION 4. The City Clerk shall retain the fully executed Piggyback Agreement as a 37 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to 38 Theresa Gonzalez to forward to the Vendor. 39 SECTION 5. This Resolution shall take effect in accordance with the law. 40 41 42 [SIGNATURES ON THE FOLLOWING PAGE] 43 296 RESOLUTION NO. R25-272 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 Mayor – Rebecca Shelton _____ _____ 47 48 Vice Mayor – Woodrow L. Hay _____ _____ 49 50 Commissioner – Angela Cruz _____ _____ 51 52 Commissioner – Thomas Turkin _____ _____ 53 54 Commissioner – Aimee Kelley _____ _____ 55 56 VOTE ______ 57 ATTEST: 58 59 _____________________________ ______________________________ 60 Maylee De Jesús, MPA, MMC Rebecca Shelton 61 City Clerk Mayor 62 63 APPROVED AS TO FORM: 64 (Corporate Seal) 65 66 _______________________________ 67 Shawna G. Lamb 68 City Attorney 69 297 298 299 300 301 302 303 304 305 306 307 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to RWhitcomb@greenacresfl.gov for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. ___________________________________________________________________________________ Description/Title: _______________________________________________________________________________ Initial Contract Term: Start Date: ______________________ End Date: _________________ Renewal Terms of the Contract: ______________________ Renewal Options for ________________ (No. of Renewals) (Period of Time) Renewal No. ____ Start Date: ____________________ End Date: _________________ Renewal No. ____ Start Date: ____________________ End Date: _________________ Renewal No. ____ Start Date: ____________________ End Date: _________________ ____________________________________________________________________ SECTION #1 VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ 308 PAGE 2 OF 2 VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ VENDOR AWARD Vendor Name: ________________________________________________________________________________ Vendor Address: ________________________________________________________________________________ Contact: ________________________________________________________________________________ Phone: ____________________________________ Fax: _______________________________________ Cell/Pager: _________________________________ Email Address: ____________________________ Website: _________________________________ FEIN: ___________________________________ ____________________________________________________________________ SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: ______________ Resolution/Agenda Item No.: ________________ Insurance Required: Yes __________ No _____________ Performance Bond Required: Yes __________ No _____________ ____________________________________________________________________ SECTION #3 LEAD AGENCY Agency Name: __________________________________________________________________ Agency Address: _____________________________________________________________________ Agency Contact: __________________________ Email___________________________________ Telephone: __________________________ Fax: ____________________________________ 309 To: From: Thru: Date: Re: City of Tamarac Interoffice Memorandum Financial Services Department PURCHASING DIVISION Levent Sucuoglu, City Manager Keith K. Glatz, Purchasing & Contracts Manager Christine J. Cajuste, Director of Financial Services September 25, 2023 Temp Reso #14019-Award of Agreement -Bid #23-368, "Furnish, Deliver and Discharge of Quicklime" Recommendation: The Director of Public Services and Purchasing and Contracts Manager recommend placement of the above referenced item on the consent agenda of the October 11, 2023 Commission meeting, authorizing the award of an Agreement for an initial three (3) year term effective November 1, 2023 through October 31, 2026, with one (1) additional three (3) year renewal option for Quicklime purchased from Lhoist North America of Alabama, LLC, (Lhoist) for the City of Tamarac, and twenty-three (23) additional member agencies of the Southeast Florida Governmental Purchasing Cooperative (Co-op); and Carmeuse Lime and Stone Inc. for high calcium granular quicklime on behalf of one entity in the Co-op. Issue: The existing agreement with Lhoist for the City and the SE Florida Governmental Purchasing Co-op; as well as an existing agreement with Carmeuse Lime and Stone is set to expire on October 31, 2023. New bid #23-36B was recently solicited, and an award needs to be approved so that the City will have a vendor to furnish, deliver and discharge quicklime at the City's Water Treatment Plant. Background: The City utilizes quicklime in the Public Services Water Treatment Plant. The current agreement with Lhoist will expire on October 31, 2023, and due to some requested industry-wide market structural changes, we were unable to exercise any of the original contract renewal options. The current Agreement has been based on various federal and industry indices, providing for quarterly price adjustments. As a result of significant supply chain issues which occurred during the pandemic and since that time, the indices were not able to compensate for radical changes that were occurring in the industry, as well in the transportation industry as a result of volatility particularly in cost of fuel. After much discussion with firms in the industry, it was determined that the use of a fixed annual price could be more easily accommodated by industry based on our discussions with the primary vendors who normally bid on this Agreement. Accordingly, the City issued Bid number 23-36B "Furnish, Deliver and Discharge of Quicklime" on August 16, 2023, which was advertised in the South Florida Sun Sentinel on August 19, 2023, and was posted on the City's e-procurement platform as well as on DemandStar.com. There were three (3) planholders that downloaded the bid, however, only two bids were submitted from Lhoist and Carmeuse Lime and Stone. The bid response submitted by Lhoist provided the lowest pricing for all but one item on the bid. As a result, it is being recommended that the bid from Lhoist be awarded, and an Agreement executed on behalf of the City of Tamarac and on behalf of an additional twenty-three (23) participating governmental agencies Co-op. The bid response from Carmeuse Lime and Stone Inc. provided the lowest pricing for high calcium granular lime used by the City of Hollywood Wastewater treatment plant. The cost savings for the City of Hollywood by awarding one item to Carmeuse Lime and Stone will be approximately $8,310,736.50 for 310 the full three (3) year period , justifying the split award . The bid response from Lhoist provided the lowest pricing for the City of Tamarac and the other twenty-three agencies in the SE Florida Governmental Purchasing Co -op , for an estimated three (3) year total Co -op cost of $91 ,613 ,247 .97 . The initial term of the Agreement will be for three (3) years , beginning on November 1 , 2023 , with one (1) addit ional three (3) year renewal options that may be exercised based on satisfactory performance in accordance with an economic adjustment provis ion provided as a part of the Agreement. The pricing bid by both Lhoist and Carmeuse Lime and Stone reflects an appro ximate increase of 12 .5% for Lhoist and by a similar amount for Carmeuse for granular lime which is used only by the City of Hollywood Wastewater Treatment Plant. We had originally anticipated an increase of 25 % from the current Agreement , so we were pleased to see only a 12 .5% increase . The Agreements also provide for quarterly adjustments for fuel surcharges for trucking , which will be based on a surcharge chart that the City has utilized for several years , and for rail fuel surcharges that will be provided through documentation to be provided each quarter by the railroad line transporting the lime from kilns in Alabama to South Florida . Please note below, however , that our bid price for the upcoming year is still lower than similar entities around the State which have recently opened bids . The Chart below shows pr icing for other local entities for bids which have recently opened : Current Delivered Per Ton Pricing For Surrounding Entities For Recently Opened Bids: City of Lakeland Utilities $460 .00 Florida Keys Utilities $494 .13 City of Ormand Beach $603 .82 City of Tamarac -SE FL Co-op (as of July 1, 2023) $388 .65 City of Tamarac -SE FL Co-op (effective Nov . 1, 2023) $446 .95 Overall , the PPI for lime shows a 35 % increase from November 2020 to August 2023 when we issued our bid . (See graph above). The index value for November 2020, when we awarded the last Agreement , was 277.50 for material without freight. The August 2023 index value was at 430.77 for material without freight. The fairly steep incline is very evident in the PPI graph for lime shown above . The rapid escalation is due to increased costs for coal used to fuel the kilns that cure the lime ; as well as quickly escalating demand for quicklime by the steel industry which is adding significant new capacity for the first time in many years . Accordingly, it is recommended that an award be made, and agreements executed with Lhoist for the City of Tamarac , and on behalf of twenty-three (23) additional entities in the Southeast Florida Governmental Purchasing Co -op ; and with Carmeuse Lime & Stone , Inc ., for high calcium granular quicklime for the City of Hollywood for a period of three (3) years, and that the City Manager be authorized to app rove any renewal option . Fiscal Impact: Based on our estimated use of approximately 1500 tons of quicklime annually , the City will be able to account for projected budget costs for the ne xt three (3) years. The annual estimated cost to the City of Tamarac for each of the three (3) years will be as follows for a total three (3) year cost of $2 ,224 ,375 : FY 24 : $670 ,525 .00 FY 25 : $737,475.00 FY 26 : $816 ,375 .00 311 The percentage increase between FY 24 and FY 25 will be approximately 10%, and the percentage increase between FY 25 and FY 26 will also be approximately 10%, which provides for budget predictability for each of the three years. The Agreement provides for an economic adjustment provision for the renewal term, which only allows for the pass-through of costs, and no increase to the profit margin. It should be noted, however, that any unanticipated change in fuel, raw material market prices or water usage patterns may significantly impact our cost and quantity assumptions. cc: John Doherty Troy Gies Earl Henry Anthony Licata 312 CITY OF TAMARAC , FLORIDA RESOLUTION NO . R-2023-_f_. ~ Temp Reso #140 19 Pa ge 1 Rev. 1 October 3 , 2 023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC , FLORIDA , AUTHORIZING T HE APP ROP RI A TE C ITY OF FI C IAL S TO AWAR D BID #23-36 , "FURNISH , DELIVER AND DISCHARGE OF QUICKLIME" TO , AND EXECUTE AGREEMENTS WITH, LHOIST NORTH AMERICA OF ALABAMA, LLC FOR THE CITY OF TAMARAC AND AN ADDITIONAL TWENTY-THREE MEMBERS OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE (CO-OP); AND WITH CARMEUSE LIME AND STONE ON BEHALF OF ONE · CO-OP MEMBER , THE CITY OF HOLLYWOOD , FOR A PERIOD O F THREE (3) YEARS WITH ONE ADDITIONAL THREE -YEAR RENEWAL OPTION, PROVIDING FOR THE EXTENSION AND RENEWAL OF THE AGREEMENTS OR APPROVAL OF ASSIGNMENTS AND OTHER AMENDMENTS TO THE AGREEMENTS IN ACCORDANCE WITH THE PROVISIONS OF THE AWARDED AGREEMENTS , AND EXPENDITURE OF APPROPRIATED FUNDS BY THE CITY MANAGER OR APPROPRIATE CITY OFFICIALS FOR A TOTAL CONTRACT COST TO THE CITY OF TAMARAC OF APPROXIMATELY $2 ,224 ,375 FOR THE THREE (3) YEAR TERM OF THE AGREEMENT OR AS DETERMINED BY THE ACTUAL USAGE OF THE PRODUCT UP TO THE BUDGETED AMOUNT , PROVIDING FOR CONFLICTS ; PROVIDING FOR SEVERABILITY ; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , Florida Statutes provide that municipalities shall have the governmental , corporate , and propriet ary powers to enable them to conduct municipal government , perform municipal fun ctions , and render municipal service , and exercise any powe r for municipal purposes , excep t when expressly 313 Temp Reso #14019 Page 3 Rev. 1 October 3, 2023 three (23) other members of the Co-op, with a copy of the bid submitted on file with the City Clerk; and WHEREAS, Carmeuse Lime and Stone was deemed the lowest responsive and responsible bidder for high calcium granular quicklime for the City of Hollywood, a member of the Co-op, with a copy of the bid submitted on file with the City Clerk; and WHEREAS, the City of Tamarac, acting as lead agency for the Co-op acts on behalf of the Co-op when awarding contracts for quicklime; and WHEREAS, sufficient funds are available from the Public Services Department Operating funds; and WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing and Contracts Manager that Bid 23-36B be awarded to and an agreement executed with Lhoist North America of Alabama, LLC for furnishing, delivering and discharging quicklime, for a period of three years with one additional three (3) year renewal option on behalf of the City of Tamarac for a total contract cost to the City of Tamarac of approximately $2,224,375 for the three (3) year term of the Agreement or as determined by the actual usage of the product up to the budgeted amount, and on behalf of twenty-three (23) other agencies in the Co-op based on pricing provided in the Agreement; and WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing and Contracts Manager that Bid 23-36B be awarded to and an agreement executed with Carmeuse Lime and Stone for furnishing, delivering and discharging high calcium granular quicklime, for a period of three (3) years 314 Temp Reso #14019 Page 5 Rev. 1 October 3, 2023 findings of the City Commission and made a specific part of this Resolution; all exhibits referenced and attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The award of Bid 23-36B, "Furnish, Deliver and Discharge of Quicklime", to Lhoist North America of Alabama, LLC, on behalf of the City of Tamarac for a total contract cost to the City of Tamarac of approximately $2,224,375 for the three (3) year term of the Agreement or as determined by the actual usage of the product up to the budgeted amount, and on behalf of twenty-three (23) other agencies in the Co-op based on pricing provided in the Agreement, is HEREBY AUTHORIZED. SECTION 3: The appropriate City officials are hereby authorized to execute an agreement with Lhoist North America of Alabama, LLC as part of said award, a copy of which is attached hereto as Exhibit "2" for prices as shown in Exhibit "1" on behalf of the City of Tamarac and twenty-three (23) other agencies within the Co-op. SECTION 4: The award of Bid 23-36B, "Furnish, Deliver and Discharge of Quicklime", to Carmeuse Lime and Stone, for the provision of high calcium granular lime for the City of Hollywood, an agency in the Co-op, is HEREBY AUTHORIZED. SECTION 5: The appropriate City officials are hereby authorized to execute an agreement with Carmeuse Lime and Stone as part of said award for high calcium quicklime, a copy of which is attached hereto as Exhibit "3" for 315 Temp Reso #14019 Page 7 Rev. 1 October 3, 2023 PASSED, ADOPTED AND APPROVED this __ day of~-·-·,-~' --_1 ~;, __ 2023. ATTEST: KIMBERLY DJLLON, CMC CITY CLERK I t ,' j"v/ {~fl/ ;/J._,/~~(!/__,, ~--~~' _ ;~-: -,. \_ J'r.;:._ MICHELLE J. GOMEZ MAYOR RECORD OF COMMISSION VOTE:_. MAYOR GOMEZ -/~~ DIST 1: VICE MAYOR BOLTON ---'-,.....--'-- DIST 2: COMM. WRIGHT •l~ .•. DIST 3: COMM. VILLALOBOS ,_., /4 DIST 4: COMM. DANIEL ,. ... _/ ( ;-- APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. HANS OTTINOT CITY ATTORNEY 316 DELIVERED PRICE DELIVERED PRICE DELIVERED PRICE PER TON YEAR 1 PER TON YEAR 2 PER TON YEAR 3 Lhoist City of Boynton Beach 1685 $ 446.95 $ 491.65 $ 540.81 Lhoist Broward County Dist. 1 2100 $ 446.95 $ 491.65 $ 540.81 Lhoist Broward County Dist. 2 4000 $ 446.95 $ 491.65 $ 540.81 Lhoist City of Coral Springs (1)1550 $ 446.95 $ 491.65 $ 540.81 Lhoist Town of Davie 750 $ 446.95 $ 491.65 $ 540.81 Lhoist City of Dania Beach 350 $ 446.95 $ 491.65 $ 540.81 Lhoist City of Deerfield Beach 1352 $ 446.95 $ 491.65 $ 540.81 Lhoist City of Fort Lauderdale (2)14000 $ 446.95 $ 491.65 $ 540.81 Lhoist City of Hallandale Beach (3)1000 $ 446.95 $ 491.65 $ 540.81 Lhoist City of Lake Worth Beach 525 $ 446.95 $ 491.65 $ 540.81 Lhoist City of Lauderhill 1825 $ 446.95 $ 491.65 $ 540.81 Lhoist City of North Lauderdale 670 $ 446.95 $ 491.65 $ 540.81 Lhoist City of North Miami 1150 $ 448.38 $ 493.22 $ 542.54 Lhoist Village of Palm Springs 600 $ 451.23 $ 496.36 $ 545.99 Lhoist Village of Palm Springs 600 $ 451.23 $ 496.36 $ 545.99 Lhoist City of Pompano Beach 2200 $ 446.95 $ 491.65 $ 540.00 Lhoist City of Riviera Beach 1200 $ 451.23 $ 496.36 $ 545.99 Lhoist City of Sunrise 2500 $ 446.95 $ 491.65 $ 540.81 Lhoist City of Sunrise 500 $ 446.95 $ 491.65 $ 540.81 Lhoist Village of Wellington 1330 $ 449.79 $ 494.77 $ 544.25 Lhoist City of Delray Beach 3650 $ 446.95 $ 491.65 $ 540.81 VENDOR EXHIBIT A: UNIT PRICING PROVIDED IN BID AS OF SEPTEMBER 12, 2023 FOR AWARDED AGENCIES AGENCY ANNUAL USAGE TABLE 2 -- TYPE 1A – Foundry/ Rice Lime TABLE 1 -- Type 1 – Pebble Lime 317 Lhoist City of Hollywood 2400 $ 446.95 $ 491.65 $ 540.81 Lhoist City of Margate 2000 $ 446.95 $ 491.65 $ 540.81 Lhoist City of North Miami Beach 3000 $ 448.38 $ 493.22 $ 542.54 Lhoist City of Pembroke Pines 4200 $ 446.95 $ 491.65 $ 540.81 Lhoist City of Tamarac 1500 $ 446.95 $ 491.65 $ 544.25 Lhoist City of West Palm Beach 5200 $ 449.79 $ 494.77 $ 544.25 Lhoist City of Hollywood 5550 $ 540.55 $ 594.61 $ 654.07 Carmeuse Lime & Stone City of Hollywood 5550 475.00$ 498.75$ 523.68$ ***Carmeuse Lime & Stone declined to bid on any items other than Table 3 - Type 2 - Hi Cal Granular*** TABLE 3 -- TYPE 2 -- Hi CAL Granular 318 City of Tamarac TAMARAC ~ The City For Your Life AGREEMENT BETWEEN THE CITY OF TAMARAC AN D LHOIST NORTH AMERICA OF ALABAMA, LLC. Purchasing and Contracts Division THIS AGREEMENT is made and entered into this (L~ay of {Jc..,(--r:::&s,'L-, 20;l.3 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Lhoist North America of Alabama, LLC., an Alabama corporation with principal offices located at 5600 Clearfork Main Street, Suite 300, Fort Worth, Texas 76109 (the "Contractor") to provide for Furnishing, Delivery and Discharge of Quicklime . Now therefore , in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. The Contract Documents The contract documents consist of this Agreement, Bid Document No. 23-36B , "Furnish , Deliver and Discharge Quicklime", including all conditions therein, (General Terms and Conditions , Special Conditions and/or Special Provisions), drawings , Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement; and Contract Exhibit A, which is a schedule of delivered pricing for individual delivery locations . These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid Document No . 23-36B , "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal , Bid Document No. 23-36B, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore , in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2. The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish, Deliver and Discharge Quicklime in accordance with the Technical Specifications, terms and conditions contained in Bid Document 23 -36B, "Furnish, Deliver and Discharge Quicklime". 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work . Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense . 2.1.3 Contractor shall comply with any and all Federal, State, and local laws and 1 319 City of Tamarac TAMARAC ~ The City For Your Life Purchasing and Contracts Division regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 2.1.4 Contractor shall be required to complete and provide the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 23-36B), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor(s) with the notification of award letter. 2.1.5 Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. 2.1.6 All personnel shall check-in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. 2.1.7 Contractor shall ensure that only authorized Contractor employees and/or authorized City personnel shall have access to Contractor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Contractor shall not admit any unauthorized personnel onto any work site. Contractor will not release, discuss or share any information on systems, equipment and/or operations, to any non-City personnel. 2.1.8 Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3. Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured and shall list the City as the Certificate Holder. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. Insurance limits are outlined below: 2 320 City of Tamarac TAMARAC ~ The City For Your Life o General Liability -$1 M per occ. / $2M aggregate o Automobile -$1 M per occ. / $1 M aggregate o Workers Comp -Statutory Purchasing and Contracts Division 3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section 3.2 of this Agreement to any other organization in the Southeast Florida Governmental Purchasing Cooperative, and shall provide those agencies with their own Certificate of Insurance to validate coverage for their entity. 4. Term The contract term shall be for an initial period of three (3) years, beginning November 1, 2023. The City reserves the right to renew the contract for one additional three (3) year period or up to three (3) additional (1) year periods, whichever is in the best interest of the City and the Southeast Florida Governmental Purchasing Cooperative providing all parties agree to the extension and renewal terms. In the event that the agreement is set to expire, and no replacement agreement is in place, the Agreement shall continue on a month-to-month basis until a new Agreement is in place for a period of not to exceed six (6) months from the original date of scheduled expiration. 5. Contract Sum The Contract Sum for the above work for entities listed in Contract Exhibit A (UNIT PRICING PROVIDED IN BID) shall be based on delivered cost per ton, F.O.B. Destination. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 23-36B, "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Contract Exhibit A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the contract, Pricing shown in Contract Exhibit A for the initial year of the Agreement shall be firm for the period from November 1, 2023 through October 31, 2024; Pricing shown in Contract Exhibit A for the second year of the Agreement shall be firm for the period from November 1, 2024 through October 31, 2025 and Pricing shown in Contract Exhibit A for the third year of the Agreement shall be firm from November 1, 2025 through October 31, 2026. 5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges pricing shall be firm for the as indicated in Exhibit A for each year of the contract for the periods from November 1, 2023 through October 31, 2024; November 1, 2024 through October 31, 2025 and November 1, 2025 through October 31, 2026. 5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. Such surcharges shall be updated quarterly with notice being provided to the City as detailed in Section 5.2.3 herein. 5.2.1 Rail Surcharge -The rail fuel surcharge rate will be based on actual contracts, invoices or published rates of the contractor's rail carrier. Contractor shall provide documentation regarding the rail carrier's pricing as a part of the request for an adjustment to the rail surcharge. No surcharge will be applied on top of another one. The Bidder should provide a rail fuel surcharge schedule as part of their bid submittal in the area provided in Appendix B herein. 3 321 City of Tamarac TAMARAC ~ The City For Your Life Purchas ing and Contracts Division 5.2.2 Trucking Surcharge -The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Appendix B herein, which shall be determined by referencing the Retail On-Highway Diesel Price -U.S . Average, as published by the U.S . Department of Energy, Energy Information Administration (DOE) for the third Monday of the final month of each quarter. The truck fuel surcharge will be applied to the base contract price per ton of quicklime transported effective with the start of the next quarter. No surcharge will be applied on top of another one. The bidder shall utilize the trucking fuel surcharge scale included in Appendix B as a basis for adjustment, and surcharge adjustments will be based on that scale. The DOE Retail On-Highway Diesel Price -US Average index may be found at: http://tonto .eia.doe .gov/oog/info/wohdp/diesel detail report combined .asp . 5.2.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel surcharges monthly. The Contractor will apply fuel surcharges for each quarter based on the amount of the rail and truck fuel surcharges in effect for the month preceding the quarterly price change as calculated in accordance with Section 5.2 of this Agreement, utilizing Appendix B to the original bid #23-368. At the end of each quarter, the Contractor will process a "true up" by comparing the actual monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel surcharges implemented at the time of the quarterly price change. Based on this comparison, the Contractor will issue the City a credit or debit that represents the variance . 5.2.4 Cost adjustments, in all cases, shall reflect only a direct pass-through of costs, and no changes to the Contractor's profit margin shall be permitted. The City and the Contractor may also utilize recognized government/industry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. 5.3 Adjustment of Price for the Effects of Government Action: Notwithstanding anything else contained herein to the contrary , the price shall be adjusted for all costs incurred by Supplier hereunder in order to comply with any Federal, State or local law, regulation or order enacted, changed or amended after the Effective Date including, without limitation, fuel and other taxes, laws, regulations or orders relating to health , safety, conseNation, reclamation, environmental protection, pollution control and air, water and soil standards but specifically excluding any and all income taxes . Supplier warrants that, to its knowledge, it is currently in compliance with all applicable laws, regulations or orders (except where noncompliance would not have a material adverse effect on Supplier's performance under this Agreement), and the costs incurred hereunder for such compliance whether or not actually incurred have been included in the initial price. In the event that any Federal, State or local law, regulation or order is enacted, changed or amended after the date of this Agreement, Supplier shall determine prospectively the cost per ton to Supplier of complying with such laws, regulations or orders and advise Purchaser of such costs, verified by adequate supporting documentation. The amount so determined shall be added to the payment price as an adjustment to become effective as and when such costs are incurred by Supplier. When the actual costs are known, Supplier shall provide Purchaser with appropriate data showing net effect of change. This data shall be subject to 4 322 City of Tamarac TAMARAC ~ The City For Your Life Purchasing and Contracts Di vision Purchaser's audit. For this audit Supplier shall produce evidence of actual costs within twelve months from institution of the additional charge and will either invoice or credit Purchaser as appropriate for the difference between Supplier's initial assessment and the results of the final determination of the audit. 5.4 Hardship: Notwithstanding anything else contained herein to the contrary, if extraordinary circumstances beyond a party's reasonable control significantly increase the cost of performance by such party of its obligations hereunder, upon the request of the adversely affected party, the parties shall seek to adjust the conditions of this Agreement in order to reasonably alleviate the effect of such extraordinary circumstances upon the affected party. If the parties do not reach an agreement with regard to adjusted conditions occasioned by such extraordinary circumstances within thirty (30) days following the notification of the request, the party adversely affected by the extraordinary circumstances shall have the right, at its sole discretion, to terminate this Agreement upon thirty (30) days' notice to the other party. 5.5 Pricing for Subsequent Renewal Terms: Contractor shall propose pricing for renewal terms which shall be submitted to the City at least sixty (60) calendar days prior to the expiration of the initial contract term. Contractor shall include with the price proposal, justification and back-up materials which shall be used to validate any price increase . Contractor may utilize recognized governmenUindustry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases . Additionally, Contractor may include copies of correspondence and invoices from suppliers of material, services and transportation providers which may include, but not be limited to any additional documentation which will provide validation for such increases. Contractor shall also offer the City any decreases which may apply at the time of contract renewal. Under no circumstances will the City allow for any increase to Contractor's profit at the time of renewal. Increases shall reflect a direct pass-through of any applicable costs . 6 Payments A monthly payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 23-368. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII ; Chapter 218. 7 Conditions of Material & Warranties 7.1. All materials and products supplied by the Bidder in conjunction with this bid shall conform to the specifications of the bid. The City reserves the right to return the product to the Bidder and require the delivery of new product at no cost to the City. 7.2. • Warranties. Supplier warrants that the Product shall conform to the specifications set forth herein and shall be free and clear of all liens and other encumbrances. SUPPLIER MAKES NO FURTHER WARRANTIES 5 323 City of Tamarac TAMARAC ~ The City For Your Life Purchasing and Contracts Division OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY INTENDED USE OR PURPOSE. 8 Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 8.4 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9 Non-Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, 6 324 City of Tamarac TAMARAC ~ The City For Your Life Purchasing and Contracts Di vision sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following : employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination ; rates of pay or other forms of compensation ; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10 Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any 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 shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided , further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums . 11 Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12 Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S . Certified Mail, U.S. Express Mail, air or ground courier services , or by messenger service, as follows : CITY City Manager City of Tamarac 7525 N.W. 88th Avenue 7 325 City of Tamarac Tamarac, FL 33321 TAMARAC ~ The City For Your Life With a copy to the City Attorney at the same address: CONTRACTOR Lhoist North America of Alabama, LLC. Dr. Phillip Niemann, President/ CEO 5600 Clearfork Main Street, Suite 300 Fort Worth, Texas, 76109 13 Termination Purchasing and Contracts Division 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14 Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14.3 Hardship. Notwithstanding anything else contained herein to the contrary, if extraordinary circumstances beyond a party's reasonable control significantly increase the cost of performance by such party of its obligations hereunder, upon 8 326 City of Tamarac TAMARAC ~ The City For Your Life Purchasing and Contracts Division the request of the adversely affected party , the parties shall seek to adjust the conditions of this Agreement in order to reasonably alleviate the effect of such extraordinary circumstances upon the affected party. If the parties do not reach an agreement with regard to adjusted conditions occasioned by such extraordinary circumstances within thirty (30) days following the notification of the request, the party adversely affected by the extraordinary circumstances shall have the right , at its sole discretion, to terminate this Agreement upon thirty (30) days ' notice to the other party. 15 Limitation of Liability NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, OR DEFAULT IN THE PERFORMANCE HEREOF, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL THEORY. SUPPLIER'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO REPLACEMENT OF NON-CONFORMING PRODUCT OR REIMBURSEMENT OF THE PURCHASE PRICE FOR SUCH NON-CONFORMING PRODUCT 16 Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. 17 Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County , Florida. 18 Signatory Authority The Contractor shall prov ide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 19 Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 9 327 City of Tamarac TAMARAC ~ The City For Your Life Purchasing and Contracts Division 20 Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 21 No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 22 Scrutinized Companies --287.135 AND 215.473 22.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria . Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above . 22.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term , Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error . If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287 .135, Florida Statutes, as amended from time to time. 23 Public Records 23.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 23.1.1 Keep and maintain public records required by the City in order to perform the service; 23.1.2 Upon request from the City 's custodian of public records, provide the public agency with a copy of the requested records or allow the reco rds 10 328 City of Tamarac TAMARAC ~ The City For Your Life Purchasing and Contracts Division to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 23.1.3 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 City. 23.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City 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 City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 23.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 24 E-Verify Compliance . As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Consultant shall require each of its subcontractors to provide Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Consultant, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Consultant otherwise complied, shall promptly notify Consultant and Consultant shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Consultant acknowledges that upon termination of this Agreement by the City for a violation 11 329 City of Tamarac TAMARAC ~ The City For Your Life Purchasing and Contracts Division of this section by Consultant , Consultant may not be awa rded a public contract for at least one (1) year . Consultant further acknowledges that Consultant is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section . Consultant or subcontractor shall insert in any subcontracts the clauses set forth in this section ; requiring the subcontractors to include these clauses in any lower tier subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section . 25 Public Records Custodian 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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG 12 330 City of Tamarac TAMARAC ~ The City For Your Life Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature . CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President / CEO duly autho r ized to execute same . CITY OF TAMARAC 1/{~tu:!6e; Michee J. Gomez , Mayor (o Date Date • ttorney Lhoist North America of Alabama, LLC. Campa Signature of Corporate Secr'filiry Philipp Niemann, Dr. Philipp Niemann ype/Print Name of Corporate Secy . Name of President/CEO (CORPORATE SEAL) 13 331 City of Tamarac TAMARAC ~ The City For Your Life Purchasing ond Contracts Division CORPORA TE ACKNOWLEDGEMENT STATEOF IQ ,V,,f\:::, COUNTY OF \O,.,,(\[f\'.Yrj : ss I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared '1?h, Ii pp C\)9,,r:oQ 'CID , of L'ozy-t 0o<\b !,\m,,V\1\1\ "k)ffil hJ roB, L \J .... a D ~ L L L (. ~eratiurr, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this £day of"':)) ~bo./ , 2022,. RACHEL GALVAN My Notary ID# 128343345 Expires July 30, 2026 14 ~ Print, Type or Stamp Name of Notary Public _lg] Personally known to me or D Produced Identification Type of I.D . Produced D DID take an oath, or 94J DID NOT take an oath. 332 City of Tamarac TAMARAC ~ The City For Your Life APPENDIX A CONTRACTOR PASS REQU EST Purc/w ing end Contracts D1v,s1on TH IS FORM IS A VA ILABLE ON THE CITY'S ELECTRONIC SOLICITATION SIT E, BIDS & TE N DERS, AND BIDDERS MUST PROVIDE INFORMATION IN THE DESIGNATED AREA WITHIN THE BID DOCUM ENT. (BIDD E R MAY ADD ADDIT IONAL ROWS.) Vendor Name: ~u.:thfYV\ Ta.n tl-*an.sf!¥± Vendor Address: '8 o o w tvl L .._,Cl b eo \J ~ futvdr\, ✓ :t L, J Vendor Contact Name: Mo. -ifhe...., Sw.a:brla--- Vendor Contact Phone Number: ___ fo""-3_"" 4-9 ....c..2 _._l ------'""2_..._8 ..... &,,.__o ________ _ List of Contractor Employees Requiring Entry to Facilities (Attach copy of Picture Identification for all persons listed below) Work to be Performed 23 333 334 Contract Exhibit A -Schedule of Prices AGENCY DELIVERED PRICE DELIVERED PRICE DELIVERED PRICE PER TON YEAR 1 PER TON YEAR 2 PER TON YEAR 3 Table 1 --TYPE 1 -Pebble Lime City of Boynton Beach $ 446 .95 $ 491 .65 $ 540.81 Broward County Dist. 1 $ 446 .95 $ 491 .65 $ 540 .81 Broward County Dist. 2 $ 446 .95 $ 491 .65 $ 540.81 City of Coral Springs (1) $ 446 .95 $ 491 .65 $ 540 .81 Town of Davie $ 446 .95 $ 491 .65 $ 540 .81 City of Dania Beach $ 446 .95 $ 491 .65 $ 540.81 City of Deerfield Beach $ 446 .95 $ 491 .65 $ 540.81 City of Fort Lauderdale (2) $ 446 .95 $ 491 .65 $ 540.81 City of Hallandale Beach (3) $ 446 .95 $ 491.65 $ 540.81 City of Lake Worth Beach $ 446 .95 $ 491.65 $ 540.81 City of Lauderhill $ 446 .95 $ 491.65 $ 540.81 City of North Lauderdale $ 446 .95 $ 491 .65 $ 540.81 City of North Miami $ 448 .38 $ 493 .22 $ 542.54 Village of Palm Springs $ 451 .23 $ 496 .36 $ 545 .99 Village of Palm Sprinqs $ 451 .23 $ 496 .36 $ 545 .99 City of Pompano Beach $ 446 .95 $ 491 .65 $ 540 .00 City of Riviera Beach $ 451 .23 $ 496 .36 $ 545 .99 City of Sunrise $ 446 .95 $ 491 .65 $ 540.81 City of Sunrise $ 446 .95 $ 491.65 $ 540 .81 Village of Wellington $ 449 .79 $ 494.77 $ 544 .25 TABLE 2 --TYPE 1A-Foundry/ Rice Lime City of Delray Beach $ 446 .95 $ 491.65 $ 540.81 City of Hollywood $ 446 .95 $ 491.65 $ 540.81 City of Margate $ 446 .95 $ 491.65 $ 540.81 City of North Miami Beach $ 448 .38 $ 493.22 $ 542.54 City of Pembroke Pines $ 446 .95 $ 491.65 $ 540.81 City of Tamarac $ 446 .95 $ 491.65 $ 544.25 City of West Palm Beach $ 449 .79 $ 494 .77 $ 544.25 335 City of Tamarac TAMARAC ~ The City For Your Life APPENDIX B Purchas ing and Contracts Division 2023 TR UC K FU EL SU RC HARG E SCAL E Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly. • The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department of Energy's DOE Retail On-Highway Diesel Price -US Average index may be found at: published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the following website: https://www .eia .gov/petroleum/gasdiesel/ • Percentages change .5% for every $0.05 per gallon price change DIESEL FUEL PRICE NATIONAL AVERAGE $1 .75 $1.80 $1 .85 $1.90 $1.95 $2 .00 $2.05 $2.10 $2.15 $2.20 $2.25 $2.30 $2.35 $2.40 $2.45 $2.50 $2.55 $2.60 $2.65 $2 .70 $2.75 $2.80 $2.85 $2.90 $2.95 FS = % OF DIESEL FUEL PRICE FS = % OF FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE 0 .00% $3 .00 13.00% 1.00% $3 .05 13.50% 1.50% $3.10 14.00% 2 .00% $3.15 14.50% 2.50% $3 .20 15.00% 3 .00% $3 .25 15.50% 3.50% $3.30 16.00% 4.00% $3.35 16.50% 4.50% $3.40 17.00% 5.00% $3.45 17.50% 5 .50% $3.50 18.00% 6.00% $3.55 18.50% 6.50% $3.60 19.00% 7.00% $3 .65 19.50% 7.50% $3 .70 20 .00% 8.00% $3.75 20.50% 8.50% $3.80 21 .00% 9.00% $3.85 21.50% 9 .50% $3.90 22.00% 10 .00% $3.95 22 .50% 10 .50% $4.00 23.00% 11.00% $4.05 23.50% 11.50% $4.10 24.00% 12.00% $4.15 24 .50% 12.50% $4.20 25 .00% 336 ATTACHMENT A: PARTICIPATING AGENCIES Below is a list of the aaencies oarticioatinq in this bid and their respective delivery locations: AGENCY DELIVERY ADDRESS CITY/ STATE/ ZIP CONTACT PHONE/ EMAIL Type 1 -Pebble Lime City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Fl: 33435 William Newsome 561-7426593 NewsomeW@bbfi.us 954-831-4115 Office 954-553- 0653 Mobile Broward County Dist. 1A 3701 N. State Road 7 Lauderdale Lakes, Fl: 33319 Pedro Berrios pberrios@broward .erg 954-831-4115 Office 954-234- Broward County Dist. 2A 1390 NE 5oth Street Deerfield Beach, Fl: 33064 Jose Otero 1034 Cell jotero@broward.org 954-345-2160 City of Coral Springs 3800 NW 85th Avenue Coral Springs Fl: 33065 Alvan Jones ajones@coralsprings.org 954-924-6808 ext. 3616 City of Dania Beach 1201 Stirlina Road Dania Beach, Fl 33004 Nate Costa ncosta@daniabeachfl.gov Town of Davie 3500 NW 76th Ave Hollywood, Fl: 33024 Anand Maharaj 954-327-37 48 954-480-4368 City of Deerfield Beach 290 Goolsby Blvd. Deerfield Beach, Fl: 33442 Bakari Scott bscott@deerfieldbeach.com 954-828-7865 City of Ft. Lauderdale 949 NW 38th Street Ft. Lauderdale, Fl: Cesar Alza calza@fortlauderdale.gov City of Hallandale Beach 630 NW 2nd. Street Hallandale Beach, Fl: 33009 J. Fawcett 954-457-1632 jfawcett@cohb.org 561-586-1713 City of Lake Worth Beach 301 College Street Lake Worth Beach:FL Garry Baker II gabaker@lakeworthbeachfl.gov 954-730-3057 City of Lauderhill 2101 NW 49th Avenue Lauderhill, Fl: Marc Celetti mceletti@lauderhillfl.gov 954-597-4757 City of North Lauderdale 841 NW71st.Avenue North Lauderdale:FI 33068 Neil Buckeridge nbuckeridge@nlauderdale.org City of North Miami 12098 NW11th Avenue North Miami, Fl: 561-584-8200 ext. 8718 Village of Palm Springs 360 Davis Road Palm Springs, Fl: 33461 David Burgin dburgin@vpsfl.org 1561-584-~.!00 ext. 8718 Village of Palm Springs 5618 Basil Drive Boynton Beach, Fl: 33435 David Burgin dburgin@vpsfl.org City of Pompano Beach 301 NE 12th Street Pompano Beach 954-545-7018 City of Riviera Beach 800 W. Blue Heron Blvd. Riviera Beach, Fl: 33404 David Salas 561-723-2741 954-572-2427 City of Sunrise 15400 Watermill Road Davie, Fl: 33331 Hugo Alagic halagic@sunrisefl.gov 954-572-2427 City of Sunrise 4350 springtree Drive Sunrise, Fl: 33351 Jose Alvarez jalvarez@sunrisefl.gov 561-791-4128 Village of Wellington 1100 Wellington Trace Wellington, Fl: 33414 Mike Zembrzuski mzembrzuski@wellingtonfl.gov T ,pe 1A -Foundrv / Rice Lime 561-531-0817 City of Delray Beach 201 SW 7th Street Delray Beach, Fl: 33444 Bryan Heller hellerb@mydelraybeach.com 954-967-4230 City of Hollywood 3441 Hollywood Blvd. Hollwood, Fl: 33021 Luis Montoya lmontoya@hollwoodfl.org 954-972-0828 City of Margate 980 NW 66th Ave. Margate, Fl: 33063 Richard Uber ruber@margate.com 786-586-8395 City of North Miami Beach 19150 NW 8th Ave. Miami Gardens, Fl: 33169 Carlos Carrazana carlos.carrazana@citynmb.com 754-260-4505 City of Pembroke Pines 7960 Johnson Street Pembroke Pines, Fl: Michael Cepeda michael.cepeda@jacobs.com 954-597-3775 / 3777 City of Tamarac 7803 NW 61 st. Street Tamarac, Fl: 33321 Anthony Licata anthony.licata@tamarac.org 561-351-4555 lgalloway@wpb.org Lester Galloway / 561-822-2290 City of West Palm Beach 1009 Banyan Blvd. West Palm Beach, Fl:33401 Sandra Feliciano sfeliciano@wpb.org 337 Citv of lomowc TAMARAC ~ The City For Your Life AGREEMENT BETWEEN THE CITY OF TAMARAC AND CARMEUSE LIME AND STONE, INC. ORIGINAL JJ,u clwsing and C on t wct, LJivis ion THIS AGREEMENT is made and entered into this !!~Y of Q::WB-GfL , 2~3 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac , FL 33321 (the "CITY") and Carmeuse Lime and Stone. Inc .. a Pennsylvania corporation with principal offices located at 11 Stanwix Street. 21 st • Floor. Pittsburgh. Pennsylvania. 15222 (the "Contractor") to provide for Furnishing. Delivery and Discharge of Quicklime. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. The Contract Documents The contract documents consist of this Agreement, Bid Document No. 23-36B, "Furnish, Deliver and Discharge Quicklime", including all conditions therein , (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement; and Contract Exhibit A, which is a schedule of delivered pricing for individual delivery locations . These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid Document No . 23-36B , "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 23-36B, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2. The Work 2.1 . The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor , materials, and equipment necessary to Furnish, Deliver and Discharge Quicklime in accordance with the Technical Specifications, terms and conditions contained in Bid Document 23-36B, "Furnish , Deliver and Discharge Quicklime". 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall comply with any and all Federal, State, and local laws and 1 338 TAMARAC ~ The City For Your Life regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 2.1.4 Contractor shall be required to complete and provide the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 23-36B), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor(s) with the notification of award letter. 2.1.5 Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. 2.1.6 All personnel shall check-in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. 2.1.7 Contractor shall ensure that only authorized Contractor employees and/or authorized City personnel shall have access to Contractor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Contractor shall not admit any unauthorized personnel onto any work site. Contractor will not release, discuss or share any information on systems, equipment and/or operations, to any non-City personnel. 2.1.8 Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3. Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured and shall list the City as the Certificate Holder. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. Insurance limits are outlined below: 2 339 TAMARAC ~ The City For Your Life o General Liability -$1 M per occ. / $2M aggregate o Automobile -$1 M per occ. / $1 M aggregate o Workers Comp -Statutory 3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section 3.2 of this Agreement to any other organization in the Southeast Florida Governmental Purchasing Cooperative, and shall provide those agencies with their own Certificate of Insurance to validate coverage for their entity. 4. Term The contract term shall be for an initial period of three (3) years, beginning November 1, 2023. The City reserves the right to renew the contract for one additional three (3) year period or up to three (3) additional (1) year periods, whichever is in the best interest of the City and the Southeast Florida Governmental Purchasing Cooperative providing all parties agree to the extension and renewal terms. In the event that the agreement is set to expire, and no replacement agreement is in place, the Agreement shall continue on a month-to-month basis until a new Agreement is in place for a period of not to exceed six (6) months from the original date of scheduled expiration. 5. Contract Sum The Contract Sum for the above work for entities listed in Contract Exhibit A (UNIT PRICING PROVIDED IN BID) shall be based on delivered cost per ton, F.O.B. Destination. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 23-36B, "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Contract Exhibit A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the contract, Pricing shown in Contract Exhibit A for the initial year of the Agreement shall be firm for the period from November 1, 2023 through October 31, 2024; Pricing shown in Contract Exhibit A for the second year of the Agreement shall be firm for the period from November 1, 2024 through October 31, 2025 and Pricing shown in Contract Exhibit A for the third year of the Agreement shall be firm from November 1, 2025 through October 31, 2026. 5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges pricing shall be firm for the as indicated in Exhibit A for each year of the contract for the periods from November 1, 2023 through October 31, 2024; November 1, 2024 through October 31, 2025 and November 1, 2025 through October 31, 2026. 5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. Such surcharges shall be updated quarterly with notice being provided to the City as detailed in Section 5.2.3 herein. 5.2.1 Rail Surcharge -The rail fuel surcharge rate will be based on actual contracts, invoices or published rates of the contractor's rail carrier. Contractor shall provide documentation regarding the rail carrier's pricing as a part of the request for an adjustment to the rail surcharge. No surcharge will be applied on top of another one. The Bidder should provide a rail fuel surcharge schedule as part of their bid submittal in the area provided in Appendix B herein. 3 340 City of /01110101 TAMARAC ~ The City For Your Life /'111chos i ng our/ ( on1roc l s Division 5.2.2 Trucking Surcharge -The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Appendix B herein, which shall be determined by referencing the Retail On-Highway Diesel Price -U.S. Average, as published by the U.S. Department of Energy, Energy Information Administration (DOE) for the third Monday of the final month of each quarter. The truck fuel surcharge will be applied to the base contract price per ton of quicklime transported effective with the start of the next quarter . No surcharge will be applied on top of another one. The bidder shall utilize the trucking fuel surcharge scale included in Appendix B as a basis for adjustment, and surcharge adjustments will be based on that scale. The DOE Retail On-Highway Diesel Price -US Average index may be found at: http://tonto.eia.doe.gov/oog/info/wohdp/diesel detail report combined.asp . 5.2.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel surcharges monthly. The Contractor will apply fuel surcharges for each quarter based on the amount of the rail and truck fuel surcharges in effect for the month preceding the quarterly price change as calculated in accordance with Section 5.2 of this Agreement, utilizing Appendix B to the original bid #23-36B. At the end of each quarter, the Contractor will process a "true up" by comparing the actual monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel surcharges implemented at the time of the quarterly price change. Based on this comparison, the Contractor will issue the City a credit or debit that represents the variance . 5.2.4 Cost adjustments, in all cases, shall reflect only a direct pass-through of costs, and no changes to the Contractor's profit margin shall be permitted. The City and the Contractor may also utilize recognized government/industry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. 5.3 Adjustment of Price for the Effects of Government Action: Notwithstanding anything else contained herein to the contrary, the price shall be adjusted for all costs incurred by Supplier hereunder in order to comply with any Federal, State or local law, regulation or order enacted, changed or amended after the Effective Date including, without limitation, fuel and other taxes, laws, regulations or orders relating to health, safety, conservation, reclamation, environmental protection , pollution control and air, water and soil standards but specifically excluding any and all income taxes. Supplier warrants that, to its knowledge, it is currently in compliance with all applicable laws, regulations or orders (except where noncompliance would not have a material adverse effect on Supplier's performance under this Agreement), and the costs incurred hereunder for such compliance whether or not actually incurred have been included in the initial price. In the event that any Federal, State or local law, regulation or order is enacted, changed or amended after the date of this Agreement, Supplier shall determine prospectively the cost per ton to Supplier of complying with such laws, regulations or orders and advise Purchase r of such costs , verified by adequate supporting documentation. The amount so determined shall be added to the payment price as an adjustment to become effective as and when such costs are incurred by Supplier. When the actual costs are known, Supplier shall provide Purchaser with appropriate data showing net effect of change. This data shall be subject to 4 341 TAMARAC ~ The City For Your Life Purchaser's audit. For this audit Supplier shall produce evidence of actual costs within twelve months from institution of the additional charge and will either invoice or credit Purchaser as appropriate for the difference between Supplier's initial assessment and the results of the final determination of the audit. 5.4 Hardship: Notwithstanding anything else contained herein to the contrary, if extraordinary circumstances beyond a party's reasonable control significantly increase the cost of performance by such party of its obligations hereunder, upon the request of the adversely affected party, the parties shall seek to adjust the conditions of this Agreement in order to reasonably alleviate the effect of such extraordinary circumstances upon the affected party. If the parties do not reach an agreement with regard to adjusted conditions occasioned by such extraordinary circumstances within thirty (30) days following the notification of the request, the party adversely affected by the extraordinary circumstances shall have the right, at its sole discretion, to terminate this Agreement upon thirty (30) days' notice to the other party. 5.5 Pricing for Subsequent Renewal Terms: Contractor shall propose pricing for renewal terms which shall be submitted to the City at least sixty (60) calendar days prior to the expiration of the initial contract term. Contractor shall include with the price proposal, justification and back-up materials which shall be used to validate any price increase. Contractor may utilize recognized government/industry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. Additionally, Contractor may include copies of correspondence and invoices from suppliers of material, services and transportation providers which may include, but not be limited to any additional documentation which will provide validation for such increases. Contractor shall also offer the City any decreases which may apply at the time of contract renewal. Under no circumstances will the City allow for any increase to Contractor's profit at the time of renewal. Increases shall reflect a direct pass-through of any applicable costs. 6 Payments A monthly payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 23-36B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218. 7 Conditions of Material & Warranties 7.1. All materials and products supplied by the Bidder in conjunction with this bid shall conform to the specifications of the bid. The City reserves the right to return the product to the Bidder and require the delivery of new product at no cost to the City. 7.2. Warranties. Supplier warrants that the Product shall conform to the specifications set forth herein and shall be free and clear of all liens and other encumbrances. SUPPLIER MAKES NO FURTHER WARRANTIES 5 342 l itv uf tr,11 ·w U( TAMARAC ~ The City For Your Life OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY INTENDED USE OR PURPOSE. 7 Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 8.4 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 8 Non-Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, 6 343 ( it}1 Oj /(il/10!(H TAMARAC ~ The City For Your Life sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9 Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any 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 shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 10 Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11 Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue 7 344 (itv of luniu!rH Tamarac, FL 33321 TAMARAC ~ The City For Your Life With a copy to the City Attorney at the same address: CONTRACTOR Carmeuse Lime and Stone, Inc. Yves Willems, President/ CEO 11 Stanwix Street, 21 st . Floor Pittsburgh, Pennsylvania, 15222 12 Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14 Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14.3 Hardship. Notwithstanding anything else contained herein to the contrary, if extraordinary circumstances beyond a party's reasonable control significantly increase the cost of performance by such party of its obligations hereunder, upon 8 345 TAMARAC ~ The City For Your Life h,rd1osinp ond (ol}f:u( ts U!vi.•,iun the request of the adversely affected party, the parties shall seek to adjust the conditions of this Agreement in order to reasonably alleviate the effect of such extraordinary circumstances upon the affected party. If the parties do not reach an agreement with regard to adjusted conditions occasioned by such extraordinary circumstances within thirty (30) days following the notification of the request, the party adversely affected by the extraordinary circumstances shall have the right, at its sole discretion, to terminate this Agreement upon thirty (30) days' notice to the other party. 15 Limitation of Liability NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, OR DEFAULT IN THE PERFORMANCE HEREOF, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL THEORY. SUPPLIER'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO REPLACEMENT OF NON-CONFORMING PRODUCT OR REIMBURSEMENT OF THE PURCHASE PRICE FOR SUCH NON-CONFORMING PRODUCT 16 Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. 17 Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 18 Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 19 Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 9 346 ( itv LI/ /{,l/)(}t(J( TAMARAC ~ The City For Your Life 20 Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 21 No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 22 Scrutinized Companies --287.135 AND 215.473 22.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 22.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287 .135, Florida Statutes, as amended from time to time. 23 Public Records 23.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 23.1.1 Keep and maintain public records required by the City in order to perform the service; 23.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records 10 347 ( irv c,f t (, niu, uc TAMARAC ~ The City For Your Life to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 23.1.3 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 City. 23.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City 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 City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 23.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 24 E-Verify Compliance As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Consultant shall require each of its subcontractors to provide Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Consultant, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Consultant otherwise complied, shall promptly notify Consultant and Consultant shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Consultant acknowledges that upon termination of this Agreement by the City for a violation 11 348 TAMARAC ~ The City For Your Life of this section by Consultant, Consultant may not be awarded a public contract for at least one (1) year. Consultant further acknowledges that Consultant is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Consultant or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 25 Public Records Custodian 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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG 12 349 (itv of lama, oc TAMARAC ~ The City For Your Life l'u ,cl,using und ( ontrocts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager , and CONTRACTOR, signing by and through its President / CEO duly authorized to execute same. CITY OF TAMARAC ~c:Jc:J / Michelle.'.J. Gomez,Mayor ~ Date o form and legal sufficiency: s ' t mot, City Attorney I() /6/:;2-s dat f j Carmeuse Lime and Stone, Inc. Name of..P~~i ideF1t / Gl!:O V "f>-~/?~'1~~ 9µo/_2!$ (CORPORATE SEAL) Date 13 350 (11v of /onwwc TAMARAC ~ The City For Your Life CORPORATE ACKNOWLEDGEMENT l'urclin.~ing and ( on t rr;c ts o,viswn I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared v.!A"'t"~~ a ~!~. , of Cu,w'l,(S&, t;~,:,_µ,.,.,,, /'?b . ~-__ .,. -~ h __ .... ~'""'~""'-'--"'~""'~----'-,:;, __ Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this~~ of 1 --? _ Commonwealth of Pennsylvania • Notary Seal Dana Brooks. Notary Public Signature of Notary Public AlleghenyCounty S of.£1 ·eta ~ L " My commission expires December 31 , 2025 tate ~;;~.,J..J'"; ~ Commission number 1281017 d //• Member, Pennsylvania Association of Notaries \ ~,M vr_,e,'1:.f' Print, Type or Stamp Name of Notary Public ~ Personally known to me or D Produced Identification ~ Type of I.D . Produced ~ DID take an oath, or 0 DID NOT take an oath . 14 351 Exhibit A -Schedule of Prices AGENCY ANNUAL DELIVERED PRICE DELIVERED PRICE DELIVERED PRICE USAGE PER TON YEAR 1 PER TON YEAR 2 PER TON YEAR 3 City of Hollywood 5550 $ 475.00 $ 498.75 $ 523.68 352 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 1/1/2024 12/22/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy{les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: Three City Place Drive, Suite 900 rn~N,t ...... I rffc Nol: St. Louis MO 63141-7081 E-MAIL (314) 432-0500 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: State National Insurance Company, Inc. 12831 INSURED Carmeuse Lime, Inc. and all subsidiaries INSURER B: National Union Fire Ins Co Pitts. PA 19445 1356795 11 Stanwix Street, 21st Floor INSURER c : AIU Insurance Comoanv 19399 Pittsburgh PA 15222 INSURERD: INSURER E: INSURER F: COVERAGES CARMU CERTIFICATE NUMBER· 12043280 REVISION NUMBER· xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICYEFF ,:ID-J%}'My, LTR TYPE OF INSURANCE ,uon =m POLICY NUMBER (MM/DDNYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY y N RDN-11242-CGX 1/1/2023 1/1/2024 EACH OCCURRENCE $ 1000000 ~ [iJ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED $ 500 000 PREMISES (Ea occurrence\ ~ MED EXP (Any one person) $ 15 000 PERSONAL & ADV INJURY $ I 000 000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000 ~ □PRO-DLoc PRODUCTS -COMP/OP AGG $ 2 000 000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY N N 8682553 ~AOS) 1/1/2023 1/1/2024 ~~~~~~~tflNGLE LIMIT $ 2 000 000 B -8682554 VA) 1/1/2023 1/1/2024 C .x. ANY AUTO 8682555 MA) 1/1/2023 1/1/2024 BODILY INJURY (Per person) $ xxxxxxx OWNED -SCHEDULED BODILY INJURY (Per accident} $ xxxxxxx -AUTOS ONLY ~ AUTOS HIRED NON-OWNED iP~~~~~1~AMAGE $ xxxxxxx AUTOS ONLY AUTOS ONLY -- $ xxxxxxx A JL UMBRELLA LIAB HOCCUR N N RDN-11243-UMX 1/1/2023 1/1/2024 EACH OCCURRENCE $ 5 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5 000.000 DED I I RETENTION$ $ xxxxxxx WORKERS COMPENSATION N I PER I I OTH- C AND EMPLOYERS' LIABILITY WC 067713193 (AOS) 1/1/2023 1/1/2024 X STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC067713192 WI) 1/1/2023 1/1/2024 I 000.000 [m E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE • EA EMPLOYEE $ 1000000 g~S~~rtf[g'~ ~n~ciPERA TIONS below E.L. DISEASE· POLICY LIMIT $ I 000 000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space la required) CITY OF TAMARAC JS ADDITIONAL INSURED UNDER GENERAL LIABILITY AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER 12043280 CITY OF TAMARAC ATTN: KEITH K. GLATZ 7525 NW 88TH AVENUE TAMARAC FL 33321 CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ·-· N. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 353 Attachment Code: D545910 Master JD: I 356795, Certificate ID: 12043280 CITY OF TAMARAC ATTN: KEITH K. GLATZ 7525 NW 88TH AVENUE TAMARAC FL 33321 To whom it may concern: 0 LOCKTOtl In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 12043280. •Email: STL-edelivery@lockton.com •Phone: (866) 728-5657 (toll-free) If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox is for providing e-Delivery email addresses for next year's renewal certificates ONLY. Your information will be input within 90 days. Thank you for your cooperation and willi_ngness in reducing our environmental footprint. Lockton Companies Lockton Companies 354 DocuSign Envelope ID: 07809635-C84F-4B2C-8C4B-9114B10ABBEF UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF CARMEUSE LIME & STONE, INC. The undersigned, being all of the members of the Board of Directors of Carmeuse Lime & Stone, Inc., a Delaware Corporation (the "Corporation"), do hereby vote for, consent to, authorize and adopt the following resolutions by unanimous written consent pursuant to Section 14l(t) of the Delaware General Corporation Law, with the same force and effect as if the undersigned had been present at a meeting of the Board of Directors of the Corporation and had voted for the same: WHEREAS, the Corporation desires to restate its entire list of officers in order to reflect changes in the management of the Corporation; RESOLVED, that the following persons be, and they hereby are, elected to the offices set forth opposite their names below and to hold such offices until their successors have been duly elected and qualified: Yves Willems Jack Fahler Jose Voisin Jonathan Bright Jeff Bittner Melissa Croll Alain Baert Phil Piggott Eric Segal Mary D. Colin Nicholas Bonarrigo David Mikan President and CEO Chief Operating Officer Chief Information Officer Vice President, Finance Senior Vice President, Operations Vice President, Human Resources Vice President, Engineering Vice President, Sales and Marketing Vice President, Supply Chain Treasurer, Assistant Secretary VP Legal and Environmental, General Counsel and Secretary Tax Director RESOLVED, that the above elected officers do hereby replace and supplant the previous officers of the Corporation, and the elected officers do hereby commence to serve as officers of the Corporation from the date hereof; RESOLVED, that the officers of the Corporation be, and they hereby are, authorized to do or cause to be done any and all such acts and things and execute and deliver any and all documents and papers as they may deem necessary or appropriate to carry out the purposes of the foregoing reso 1 uti ons; RESOLVED, that a copy of this Unanimous Written Consent of the Board of Directors be delivered to the Secretary of the Corporation with direction that it be filed and maintained with the corporate records of the Corporation. 1 355 Do cuSign Envelope ID : 07809635-C84F -4B2C-8C4B-9114B10ABBEF IN WITNESS WHEREOF , the undersigned have executed this Unanimous Written Consent of the Board of Directors as of the 15 1 Day of January, 2023. Yves Willems liOocuSlgned by: ~38:~ Jack Fahler Being all the Directors of Carmeuse Lime & Stone, Inc. [S ignatur e Page to Unanimous Consent in Writing of th e Board of Directors ofCarmeuse Lime & Stone, Inc.] 356 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/9/2025 License # 4682 (817) 820-8100 (817) 870-0310 19445 Lhoist North America, Inc. 5600 Clearfork Main Street, Suite 300 Fort Worth, TX 76109-3572 23043 A 1,000,000 016-11-3215 10/1/2024 10/1/2025 1,000,000 5,000 1,000,000 10,000,000 3,000,000 5,000,000A 016-11-3214 10/1/2024 10/1/2025 5,000,000B TH7-691-468055-075 1/1/2025 1/1/2026 5,000,000 0 C 016-11-3216 10/1/2024 10/1/2025 1,000,000 N 1,000,000 1,000,000 General Liability - CG20101219 - Additional Insured - Owner, Lessees or Contractors - Scheduled Person or Organization - Per Written Contract CG20371219 - Additional Insured - Owner, Lessees or Contractors - Completed Ops - Per Written Contract CG20051219 - Additional Insured - Controlling Interest - Per Written Contract CG20111219 - Additional Insured - Managers or Lessors of Premises - Per Written Contract CG20151219 - Additional Insured - Vendors - Per Written Contract CG20261219 - Additional Insured - Designated Person or Organization - Per Written Contract SEE ATTACHED ACORD 101 City of Boynton Beach Dept. of Risk Management PO Box 310 Boynton Beach, FL 33425 LHOIST0-01 SPAT Fort Worth, TX-Hub International Insurance Services 3221 Collinsworth Fort Worth, TX 76107 ftw.service@hubinternational.com National Union Fire Insurance Company of Pittsburgh, PA Liberty Mutual AIUA XX X X X X X X X 357 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Fort Worth, TX-Hub International Insurance Services LHOIST0-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 4682 SEE P 1 Lhoist North America, Inc. 5600 Clearfork Main Street, Suite 300 Fort Worth, TX 76109-3572 Tarrant SEE PAGE 1 SPAT 1 Description of Operations/Locations/Vehicles: CG20281219 - Additional Insured - Lessor of Leased Equipment - Per Written Contract CG20321219 - Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured - Per Written Contract CG20011219 - Primary and Noncontributory - Other Insurance Condition CG24041219 - Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) - Per Written Contract CG02241093 - Earlier Notice of Cancellation Provided by Us - 90 Days Automobile Liability - 87950 (9/14) - Additional Insured - Where Required under Contract or Agreement 74445 (10/99) - Insurance Primary as To Certain Additional Insureds CA04431120 - Waiver of Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation) - Automatic When Required by Written Contract or Agreement CA04491116 - Primary and Noncontributory - Other Insurance Condition CA04221120 - Earlier Notice of Cancellation Provided by Us - 90 Days Workers' Compensation - WC420304B (Ed. 6-14) - Texas Waiver of Our Right to Recover from Others Endorsement - Blanket Waiver WC990039 (Ed. 08/02) - Advance Notice of Cancellation or Non-Renewal by Us Extended - 90 Days Workers' Compensation Other States: AL, AZ, CA, CO, FL, GA, ID, IL, LA, MO, NC, NV, PA, SC, TN, TX, UT, VA Umbrella is Follow Form of Underlying Schedule Attached. RE: Palm Beach Coop. - 1620 S. Seacrest Blvd., Boynton Beach, FL 33425 Certificate Holder is extended to include: City of Boynton Beach where required by written contract. 358 359 360 361 362 363 364 365 366 Coverage Is Provided In: 175 Berkeley Street, Boston, MA 02116 SCHEDULE OF UNDERLYING INSURANCE POLICY NUMBER: TL2-691-468055-075 (ITEM 5)UNDERLYING INSURANCE: CARRIER, POLICY NUMBER ANDPERIOD TYPE OF COVERAGE LIMITS OF INSURANCE A I U Insurance Company 016-11-3216 (AOS) 10/01/2024 – 10/01/2025 Employer’s Liability WC - Statutory $2,000,000 BI – Each Accident $2,000,000 BI by Disease – Policy Limit $2,000,000 BI by Disease – Each Employee $750,000 Per Accident Retention A I U Insurance Company 016-11-3217 (WI Only) 10/01/2024 – 10/01/2025 Employer’s Liability WC - Statutory $2,000,000 BI – Each Accident $2,000,000 BI by Disease – Policy Limit $2,000,000 BI by Disease – Each Employee $750,000 Per Accident Retention National Union Fire Insurance Company of Pittsburgh, PA 016-11-3215 10/01/2024 – 10/01/2025 General Liability Each Occurrence Limit $2,000,000 Damage to Premises Rented to you Limit $500,000 Any one premises Medical Expense Limit $ 5,000 Any one person General Aggregate Limit $10,000,000 Products/Completed Operations Aggregate Limit $3,000,000 $2,000,000 High Deductible Retention National Union Fire Insurance Company of Pittsburgh, PA 016-11-3214 10/01/2024 – 10/01/2025 Automobile Liability $5,000,000 Each Accident $500,000 Liability Deductible Note: Physical Damage is fully fronted Servicing Office and Issue Date Boston,MA 04/28/2025 Authorized Representative To report a claim, call your Agent or 1-800-362-0000 CE 66 51 01 08 Page 1 RENEWAL of 1 Liberty Mutual Fire Insurance Company 367 368 369 370 371 372 373 374 375 376 377 378 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. NameofPersonor Organization: Pursuanttoapplicablewrittencontractoragreementyouenterinto. 016-11-3215 ThefollowingisaddedtoParagraph 8.Transfer OfRights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and included in the “products- completed operations hazard”. This waiver applies only to the person or organization shown in the Schedule above. 379 380 381 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Resolution No. R25-273- Approving a Piggyback Agreement with Unifirst Corporation for Uniforms with Related Products and Services in an amount not to exceed $160,000 annually. Requested Action: Staff recommends approval of Proposed Resolution No. R25-273. Explanation of Request: Utilities and Public Works have employees in job classifications that require specialized uniforms. Some positions require garments that must be cleaned using industrial-grade laundry equipment to ensure safety and sanitation. Other positions require flame-resistant (FR) uniforms that must meet regulatory standards and undergo regular inspections. Under Section X of the City’s Purchasing Policy, cooperative purchasing agreements qualify as an exemption to the formal sealed bid process, allowing the City to “piggyback” on competitively awarded contracts from other government entities. By utilizing Sourcewell’s contract with UniFirst Corporation for uniforms and related products, the City of Boynton Beach benefits from compliant procurement while leveraging the economies of scale achieved through cooperative bidding. This piggyback contract will fulfill both needs by providing compliant, professionally maintained uniforms that meet industry safety standards, reduce liability, and ensure employees are equipped appropriately for their work environments. How will this affect city programs or services? This contract helps ensure that City employees who work in Utilities and Public Works have the right uniforms to do their jobs safely and effectively. Some uniforms must be industrially cleaned, while others need special flame-resistant ratings and regular inspections. By providing these uniforms and uniform services, the City is protecting its employees, staying in compliance with safety regulations, and making sure critical services like clean water, sewer, stormwater, and fleet maintenance continue without interruption. Budgeted Item: Yes Account Line Item and Description: For Utilities: The following accounts will be allocated for uniform costs: 401-2805-536.52-22 382 401-2810-536.52-22 401-2811-536.52-22 401-2814-536.52-22 401-2815-536.52-22 401-2816-536.52-22 401-2819-536.52-22 401-2821-536.52-22 401-2823-536.52-22 401-2824-536.52-22 401-2825-536.52-22 For Public Works: $20,000 from account number 501-2516-519.49-17 Fiscal Impact: Public Works: $20,000 Annually Utilities: $140,000 Annually Attachments: R25-273 Agenda_Item_3725-2025_Resolution_for_Unifirst_Piggyback_Agmt (1).docx Exhibit A to Resolution - 25-072PB Vendor Executed Agreement.pdf UniFirstCorporation - Client Pack - 4121235.pdf 383 RESOLUTION NO. R25-273 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH 2 UNIFIRST CORPORATION FOR UNIFORMS WITH RELATED PRODUCTS 3 AND SERVICES IN AN AMOUNT NOT TO EXCEED $160,000 ANNUALLY; 4 AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, the City desires to purchase Uniforms with Related Products and Services; and 7 WHEREAS, in order to provide City departments with access to a range of uniform apparel, 8 accessories, footwear, and related products and services, various City departments are requesting 9 the City enter into a Piggyback Agreement with UniFirst Corporation (“Vendor”) for the supply of 10 uniforms and related products and services utilizing the Sourcewell contract RFP No. 011124; and 11 WHEREAS, the Piggyback Agreement will be in effect until March 25, 2028, and may be 12 renewed for three additional one-year terms, subject to the renewal or extension of the Sourcewell 13 contract RFP No. 011124. The total fee payable per year for the services shall be for an amount 14 not to exceed $160,000; and 15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 16 best interests of the City's citizens and residents to approve a Piggyback Agreement with Unifirst 17 Corporation for Uniforms with Related Products and Services in an amount not to exceed $160,000 18 annually. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 21 BEACH, FLORIDA, THAT: 22 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption. 24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 25 approve a Piggyback Agreement with Unifirst Corporation for Uniforms with Related Products and 26 Services in an amount not to exceed $160,000 annually (the “Agreement”), in form and substance 27 similar to that attached as Exhibit A. 28 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 29 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 30 ancillary documents required under the Agreement or necessary to accomplish the purposes of 31 384 RESOLUTION NO. R25-273 the Agreement, including any term extensions as provided in the Agreement, provided such 32 documents do not modify the financial terms or material terms. 33 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 34 of the City. A copy of the fully executed Agreement shall be provided to Joshua McDermott and 35 Theresa Gonzalez to forward to the Vendor. 36 SECTION 5. This Resolution shall take effect in accordance with the law. 37 [SIGNATURES ON THE FOLLOWING PAGE] 38 39 385 RESOLUTION NO. R25-273 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 Mayor – Rebecca Shelton _____ _____ 43 44 Vice Mayor – Woodrow L. Hay _____ _____ 45 46 Commissioner – Angela Cruz _____ _____ 47 48 Commissioner – Thomas Turkin _____ _____ 49 50 Commissioner – Aimee Kelley _____ _____ 51 52 VOTE ______ 53 ATTEST: 54 55 _____________________________ ______________________________ 56 Maylee De Jesús, MPA, MMC Rebecca Shelton 57 City Clerk Mayor 58 59 APPROVED AS TO FORM: 60 (Corporate Seal) 61 62 _______________________________ 63 Shawna G. Lamb 64 City Attorney 65 386 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND UNIFIRST CORPORATION This Piggyback Agreement is made as of this __ day of _____________, 2025, by and between UniFirst Corporation, a Massachusetts corporation authorized to transact business in Florida, with a principal address of 68 Jonspin Road, Wilmington, MA 01887 hereinafter referred to as “Vendor or “UniFirst”, and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as “Customer” or “City.” RECITALS WHEREAS, on November 16, 2023, Sourcewell, a State of Minnesota local government unit and cooperative, issued an “Request for Proposals” (RFP) for Uniforms with Related Products and Services to result in a contracting solution for use by its Participating Entities for which they received sixteen (16) responses and subsequently awarded contracts to eight (8) vendors; and WHEREAS, Sourcewell found UniFirst Corporation (“Vendor”) to be a responsive, responsible bidder, and awarded it a four-year (4) contract commencing June 11, 2024, and terminating March 25, 2028, with an option to extend the contract for three (3) additional one (1) year terms, RFP No. 011124 (“Master Agreement”); and WHEREAS, the City of Boynton Beach is a Sourcewell participating agency (Account # 21407); and WHEREAS, Sourcewell instituted a cooperative purchasing program under which member Participating Agencies may reciprocally utilize competitively solicited Master Agreements awarded by the Principal Procurement Agency; and WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity’s contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to provide City departments with access to a range of uniform apparel, accessories, footwear, and related products and services, various City departments are 387 requesting the City enter into a Piggyback Agreement with the Vendor for the supply of uniforms and related products and services; and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit “A.” NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. 2. TERM: The term of this Agreement commences on full execution by the parties and will remain in effect until March 25, 2028. The Agreement may be renewed for three (3) additional one-year terms. The Mayor is authorized to execute any renewal amendments. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor shall complete the Services on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the “Participating Entity” are hereby replaced with the “City of Boynton Beach.” The City shall compensate the Vendor pursuant to the rates set forth in the Master Agreement for the Services in an amount not to exceed One Hundred Sixty Thousand Dollars $160,000.00 per year. A copy of Vendor’s Proposal for the City is attached hereto as Exhibit “B” and incorporated herein by this reference. Vendor agrees to supply, and City agrees to rent, consistent with the Scope of Service outlined on Exhibit “C” attached hereto, garments and/or other items as described on Exhibit B attached hereto and related pick-up/delivery, water-wash and repair services (“Services”) from Company. For all Services procured under this Agreement the additional terms and conditions attached hereto in Exhibit “C” shall apply. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: 388 City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be emailed to: AP@bbfl.us Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. All invoices and related account statements shall be submitted to the City electronically. For the purposes of this Agreement, an invoice shall not be considered proper unless submitted in the required electronic format and approved by the City's Accounts Payable Director or their designee. Payment will 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. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty, or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 389 8. ATTORNEY’S FEES: In the event that either Party brings suit for enforcement of the Agreement, the prevailing Party shall be entitled to attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor’s possession All records stored electronically by Vendor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this 390 Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 11. E-VERIFY: VENDOR shall comply with Section 448.095, Fla. Stat., “Employment Eligibility,” including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 12. DISPUTES: Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon thirty (30) calendar days of written notice to the Vendor for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail 391 to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days’ after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, damages, orders, judgments, or decrees, sustained by the City to the extent arising out of or resulting from (A) Vendor’s breach of Agreement, (B) negligence, recklessness, or intentional wrongful conduct by Vendor’s, its agents, and employees, in performing its obligations under this Agreement, and (C) Vendor’s failure to take out and maintain insurance as required under this Agreement. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. NO SPECIAL DAMAGES. In no event shall either Party be liable to the other for any special damages, speculative damages, indirect, special, punitive, exemplary, incidental, consequential, loss of profits, or other damages or losses of any kind whatsoever, no matter what the cause. 19. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City’s employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ORDER OF PREFERENCE: In the event of any conflict between or among the provisions of this Agreement, the Master Agreement, and those of any exhibit attached hereto, the priority, in decreasing order of preference shall be: 1) provisions in this Agreement; 2) provisions in the Master Agreement; and 3) exhibits to this Agreement. 22. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City’s approval. Notwithstanding the foregoing, Vendor may, without City’s consent, assign this Agreement in whole or in part as part of a 392 corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 23. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 24. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties’ mutual agreement set forth in writing and signed by the parties. 25. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 26. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. Signature Page to follow 393 394 EXHIBIT “A” AGREEMENT BETWEEN SOURCEWELL AND UNIFIRST CORPORATION 395 011124-UFC Rev. 3/2022 1 Solicitation Number: RFP #011124 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and UniFirst Corporation, 68 Jonspin Road, Wilmington, MA 01887 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Uniforms with Related Products and Services from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. EXPIRATION DATE AND EXTENSION. This Contract expires March 25, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances. B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 396 011124-UFC Rev. 3/2022 2 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All purchased Equipment and Products provided under this Contract must be new and the current model. All rented Products provided under this Contract will be new at the time each site is initially installed into service. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and when new and prior to use are free from defects in design, materials, and workmanship. All Products will be processed, mended, and finished in accordance with the generally accepted standards of the textile rental industry Supplier makes no other representations, warranties, or conditions, express or implied by law, statutory or otherwise, including, without limitation, the design or condition of the Products, their merchantability or their fitness, capacity or durability for any particular use. To the extent assignable, any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. 397 011124-UFC Rev. 3/2022 3 Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the S upplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This 398 011124-UFC Rev. 3/2022 4 approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. S upplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 399 011124-UFC Rev. 3/2022 5 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. 400 011124-UFC Rev. 3/2022 6 E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address; x Participating Entity City; x Participating Entity State/Province; x Participating Entity Zip/Postal Code; x Participating Entity Contact Name; x Participating Entity Contact Email Address; x Participating Entity Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Supplier. 401 011124-UFC Rev. 3/2022 7 B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. 402 011124-UFC Rev. 3/2022 8 C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any negligent act or omission in the performance of this Contract by the Supplier or its agents or employees.. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. 403 011124-UFC Rev. 3/2022 9 b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination . Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. 404 011124-UFC Rev. 3/2022 10 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. 405 011124-UFC Rev. 3/2022 11 The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liab ility-completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 406 011124-UFC Rev. 3/2022 12 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 407 011124-UFC Rev. 3/2022 13 primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 408 011124-UFC Rev. 3/2022 14 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as s upplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 409 011124-UFC Rev. 3/2022 15 C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared 410 011124-UFC Rev. 3/2022 16 ineligible under statutory or regulatory authority other than Executive Order 12549. S upplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). S uppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. S uppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The S upplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). S upplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in 411 011124-UFC Rev. 3/2022 17 guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, S upplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The S upplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. 412 011124-UFC Rev. 3/2022 18 T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell UniFirst Corporation By: __________________________ By: __________________________ Jeremy Schwartz David M. 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&KHFNWKHER[LQWKHFROXPQ,KDYHUHYLHZHGWKLVDGGHQGXPEHORZWRDFNQRZOHGJHHDFKRIWKHDGGHQGD )LOH1DPH ,KDYHUHYLHZHGWKH EHORZDGGHQGXPDQG DWWDFKPHQWVLI DSSOLFDEOH 3DJHV $GGHQGXPBB8QLIRUPVBZLWKB5HODWHGB3URGXFWVBDQGB6HUYLFHVB5)3B 0RQ'HFHPEHU30 $GGHQGXPBB8QLIRUPVBZLWKB5HODWHGB3URGXFWVBDQGB6HUYLFHVB5)3BSGI 7KX'HFHPEHU30 $GGHQGXPBB8QLIRUPVBZLWKB5HODWHGB3URGXFWVBDQGB6HUYLFHVB5)3B 7XH'HFHPEHU30 $GGHQGXPBB8QLIRUPVBZLWKB5HODWHGB3URGXFWVBDQGB6HUYLFHVB5)3B 0RQ1RYHPEHU30 Bid Number: RFP 011124 Vendor Name: UniFirst Corporation 451 EXHIBIT “B” VENDOR PROPOSAL 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 This Message Is From an External Sender This message came from outside your organization. From:David M. Graham To:Gonzalez, Theresa Cc:Jim Regan; Anthony Pezzolanti Subject:Fwd: Product Add Request Date:Thursday, August 7, 2025 3:18:43 PM Attachments:image002.png image003.png image004.png image005.png image006.png image007.png image008.png image001.png Theresa, Please see below. Thank you, David Graham Regional Sales Manager UniFirst Corporation West Palm Beach, FL Phone: (754) 235-1412 Email: david_graham@unifirst.com Begin forwarded message: From: Nathan Pickard <Nathan_Pickard@unifirst.com> Date: August 7, 2025 at 3:02:36 PM EDT To: "David M. Graham" <David_Graham@unifirst.com> Subject: FW: Product Add Request Please see below Thank you, Nathan Pickard National Account Executive President’s Club Achiever UniFirst Corporation 325 Lenior Drive Winchester, VA. 22603 C-864.606.2664 Nathan_Pickard@UniFirst.com From: Greg Coffman <Greg.Coffman@sourcewell-mn.gov> Sent: Thursday, August 7, 2025 3:00 PM To: Nathan Pickard <Nathan_Pickard@unifirst.com> Subject: Product Add Request Nathan, Sourcewell will review, verify, and update your pricing file to reflect the added Scraper Mat 2x3 item when we receive the following information from Unifirst: US Contract Item - Description UniFirst Item Color Bill Group Bill Program Minimum Bill % ARC %Weekly Every Other Week Every Fourth Week Loss / Damage Rate MATS Scraper Mat 2x3 5390 12 MAT RE 50%NA $0.66 $0.99 $1.16 $64.27 471 Let me know if you need any additional clarification. Thanks. Greg Coffman | Senior Supplier Development Executive Facilities Cell: 740-294-7997 Website: sourcewell-mn.gov Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the intended recipient, you are hereby notified that any disclosure, copying, use, or distribution of the information included in this email is prohibited and may be unlawful. 472 This Message Is From an External Sender This message came from outside your organization. From:Jim Regan To:Gonzalez, Theresa Cc:Anthony Pezzolanti Subject:RE: Garment Add Request - Pro Airflow Date:Wednesday, July 30, 2025 8:30:42 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png Good evening Theresa, I just wanted to ensure this email reached your desk.. We need to confirm the shirt and pricing David provided in the email below meets with your satisfaction. This will allow us to make the Pro AirFlow garment part of the Sourcewell program. Regarding cost, .34 falls in line with Sourcewell pricing of other garments of this caliber. Please advise of any questions you may have. Best regards, Jim Regan Sales Consultant UniFirst Corporation 500 SW 13th Terrace Pompano Beach, FL 33069 Direct Line 954-675-5149 jim_regan@unifirst.com From: David M. Graham <David_Graham@unifirst.com> Sent: Tuesday, July 29, 2025 7:40 PM To: Theresa Gonzalez <gonzalezt@bbfl.us> Cc: Anthony Pezzolanti <Anthony_Pezzolanti@unifirst.com>; Jim Regan <Jim_Regan@unifirst.com> Subject: Fwd: Garment Add Request - Pro Airflow Theresa, Please let us know if this works for you. Thank you, David Graham Regional Sales Manager UniFirst Corporation West Palm Beach, FL Phone: (754) 235-1412 473 Email: david_graham@unifirst.com Begin forwarded message: From: Nathan Pickard <Nathan_Pickard@unifirst.com> Date: July 29, 2025 at 5:53:05 PM EDT To: "David M. Graham" <David_Graham@unifirst.com> Subject: FW: Garment Add Request - Pro Airflow Nathan Pickard National Account Executive President’s Club Achiever UniFirst Corporation 325 Lenior Drive Winchester, VA. 22603 C-864.606.2664 Nathan_Pickard@UniFirst.com From: Greg Coffman <Greg.Coffman@sourcewell-mn.gov> Sent: Tuesday, July 29, 2025 5:52 PM To: Nathan Pickard <Nathan_Pickard@unifirst.com> Subject: RE: Garment Add Request - Pro Airflow Nathan, Sourcewell will review, verify, and update your pricing file to reflect the added Short Sleeve Snap Closure item when we receive the following information from Unifirst: US Contract Item - Description UniFirst Item Weekly Rental Rate Per Unit Lost/ Damage Rate GMP Rate Short Sleeve Snap Closure Air Flow, Mesh Back, 65/35 Poly/Cotton Blend. 04EM $0.34 $39.26 $0.03 Let me know if you need any additional clarification. Thanks. Greg Coffman | Senior Supplier Development Executive Facilities Cell: 740-294-7997 Website: sourcewell-mn.gov Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the intended recipient, you are hereby notified that any disclosure, copying, use, or distribution of the information included in this email is prohibited and may be unlawful. 474 EXHIBIT “C” For all Services procured under this Agreement the additional terms and conditions shall apply: CUSTOMER SERVICE AGREEMENT TERMS REQUIREMENTS SUPPLIED. All rental Merchandise supplied to Customer remains the property of UniFirst. Customer warrants that it is not subject to, and that this Agreement does not interfere or conflict with, any existing agreement for the supply of the Merchandise or Services covered. PERFORMANCE GUARANTEE. UNIFIRST GUARANTEES TO DELIVER HIGH-QUALITY SERVICE AT ALL TIMES. All items of Merchandise cleaned, finished, inspected, repaired, and delivered by UniFirst will meet or exceed industry standards, or non-conforming items will be replaced by the next scheduled delivery day at no cost to Customer. Items of rental Merchandise requiring replacement due to normal wear and tear will be replaced at no cost to Customer, save for any applicable personalization and setup charges. Any delay or interruption of the Services provided for in this Agreement by reason of acts of God, fires, explosions, strikes or other industrial disturbances, or any other cause not within the control of UniFirst, shall not be deemed a breach or violation of this Agreement. PRICES AND PAYMENTS. Customer also agrees to pay the other charges and minimum weekly charge herein specified. Charges relating to a wearer leaving Customer’s employ can be terminated by (1) giving notice thereof to UniFirst and (2) returning or paying for any missing Merchandise issued to that individual. Any Merchandise payments required pursuant to this Agreement will be at the replacement price(s) then in effect hereunder. If an authorized Customer representative is not available to receive and acknowledge delivery of Merchandise, Customer authorizes UniFirst to make delivery and assumes responsibility for related charges/invoices. If Customer fails to make timely payment, UniFirst may, at any time and in its sole discretion, terminate this Agreement by giving written notice to Customer, whether or not UniFirst has previously strictly enforced Customer’s obligation to make timely payments. Customer agrees to pay, and will pay, all applicable sales, use, personal property, and other taxes and assessments arising out of this Agreement. DEFE CHARGE. Customer’s invoices may also include a DEFE charge to cover all or portions of certain expenses including: D = DELIVERY, or expenses associated with the actual delivery of Services and Merchandise to Customer’s place of business, primarily Route Sales Representative commissions, management salaries, vehicle depreciation, equipment maintenance, insurance, road use charges and local access fees. E = ENVIRONMENTAL, or expenses (past, present, and future) UniFirst absorbs related to wastewater testing, purification, effluent control, solids disposal, supplies and equipment for pollution controls and energy conservation, and overall regulatory compliance. F = FUEL, or the gas, diesel fuel, oil, and lubricant expenses associated with keeping UniFirst’s fleet vehicles on the road and servicing its customers. E = ENERGY, primarily the natural gas UniFirst uses to run boilers and gas dryers, plus other local utility charges. 475 MERCHANDISE. Customer acknowledges and agrees to notify all employees that Merchandise supplied is for general occupational use and, except as expressly specified below, affords no special user protections. Customer further acknowledges that: (1) Customer has unilaterally and independently determined and selected the nature, style, performance characteristics, number of changes and scope of all Merchandise to be used and the appropriateness of such Merchandise for Customer’s specific needs or intended uses; (2) UniFirst does not have any obligation to advise, and has not advised, Customer concerning the fitness or suitability of the Merchandise for Customer’s intended use; (3) UniFirst makes no representation, warranty, or covenant regarding the performance of the Merchandise (including without limitation Flame Resistant and Visibility Merchandise); and (4) UniFirst shall in no way be responsible or liable for any injury or harm suffered by any Customer employees while wearing or using any Merchandise. Customer agrees to indemnify and hold harmless UniFirst and its employees and agents from and against all claims, injuries, or damages to any person or property resulting from Customer’s or Customer’s employee use of the Merchandise, whether or not such claims, injuries or damages arise from any alleged defects in the Merchandise. Flame Resistant (“FR”) Merchandise supplied hereunder is intended only to prevent the ignition and burning of fabric away from the point of high heat impingement and to be self-extinguishing upon removal of the ignition source. FR items will not provide significant protection from burns in the immediate area of high heat contact due to thermal transfer through the fabric and/or destruction of the fabric in the area of such exposure. FR items are designed for continuous wear as only a secondary level of protection. Primary protection is still required for work activities where direct or significant exposure to heat or open flame is likely to occur. Visibility Merchandise is intended to provide improved conspicuity of the wearer under daylight conditions and when illuminated by a light source of sufficient candlepower at night. It is Customer’s responsibility to determine the level of conspicuity needed by wearers under specific work conditions. Further, Customer agrees that Visibility Merchandise alone does not ensure conspicuity of the wearer and that additional safety precautions may be necessary. The Visibility Merchandise supplied satisfied particular ANSI/ISEA standards only when they were new and unused and only if so labeled. Customer acknowledges that usage and laundering of Visibility Merchandise may adversely affect its conspicuity. Healthcare/Food-Related Customer acknowledges that: (1) UniFirst does not guarantee or warrant that the Merchandise selected by Customer or that processed garments delivered by UniFirst will be appropriate or sufficient to provide a hygienic level adequate for individual Customer’s needs; and (2) optional poly-bagging* is recommended to reduce the risk of cross-contamination of Merchandise, and the failure to utilize such service may adversely affect the efficacy of UniFirst’s hygienic cleaning process. (* Poly-bag services incur additional charges.) If any Merchandise supplied hereunder is Merchandise that: (1) UniFirst does not stock for whatever reason (including due to style, color, size or brand); (2) consists of non-UniFirst manufactured or customized FR Merchandise; or (3) consists of Merchandise that has been permanently personalized (in all cases known as "Non-Standard Merchandise"), then, upon the discontinuance of any Service hereunder at any time for any reason, including expiration, termination, or cancellation of this Agreement, with or without cause, deletion of any Non-Standard Merchandise from Customer’s Service Program, or due to employee reductions (in each case a “Discontinuance of Service”), Customer will purchase at the time of such Discontinuance of Service all affected Non-Standard Merchandise items then in UniFirst’s inventory (in-service, shelf, as well as any manufacturer’s supplies ordered for Customer’s use), paying for same the replacement charges then in effect. Customer agrees not to contaminate any Merchandise with asbestos, heavy metals, solvents, inks, or other hazardous or toxic substances (“contaminants”). Customer agrees to pay UniFirst for all Merchandise that is lost, stolen, damaged or abused beyond repair. As a condition to the termination of this Agreement, for whatever reason, Customer will return to UniFirst all standard Merchandise in good and usable condition or pay for same at the replacement charges then in effect. 476 OBLIGATIONS AND REMEDIES. If Customer breaches this Agreement before the expiration date for any reason (other than for UniFirst’s failure under the performance guarantee described above), Customer will pay UniFirst, as liquidated damages and not as a penalty (the parties acknowledging that actual damages would be difficult to calculate with reasonable certainty) an amount equal to 50 percent of the average weekly amounts invoiced in the preceding 26 weeks, multiplied by the number of weeks remaining in the current term. These damages will be in addition to all other obligations or amounts owed by Customer to UniFirst, including the return of Standard Merchandise or payment of replacement charges, and the purchase of any Non-Standard Merchandise items as set forth herein. MISCELLANEOUS. In the event Customer issues a purchase order to UniFirst at any time, none of the standard pre-printed terms and conditions therein shall have any application to this Agreement or any transactions occurring pursuant hereto or thereto.. All written notices provided to UniFirst must be sent by certified mail to the attention of the Location Manager. In Texas and certain other locations, UniFirst’s business is conducted by, and the term "UniFirst" as used herein means, UniFirst Holdings, Inc. d.b.a. UniFirst. 477 America's Gateway to the Gulfstream ATTACHMENT “A” The City of Boynton Beach VENDOR INSURANCE REQUIREMENTS – PROCUREMENT 1. INSURANCE REQUIREMENTS: The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below. (Proof that insurance meets the City’s requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence • $3,000,000 annual aggregate for Bodily Injury, Personal Injury, and Advertising Injury • $1,000,000 per occurrence for Property Damage • $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability, Independent Contractors. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Professional Liability/Malpractice Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than: • $2,000,000 each occurrence • $3,000,000 annual aggregate Workers’ Compensation and Employer’s Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any contractor performing work on behalf of the City must provide Workers’ Compensation insurance of at least the statutory requirements in addition to Employer’s Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City’s Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or equivalent. Contractor must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore and Harbor Workers’ Compensation Act or Jones Act, if applicable. DIVISION OF RISK MANAGEMENT 100 E. Ocean Avenue Boynton Beach, Florida 33435 (P): 561-742-6271 | (F): 561-742-6274 www.boynton-beach.org 478 America's Gateway to the Gulfstream For any Contractor who has exempt status as an individual, the City requires proof of Workers’ Compensation insurance coverage for that Contractor’s employees, leased employees, volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers’ compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder’s Risk) Coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs, with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to: • All Risk Coverage including Flood and Windstorm with no coinsurance clause • Guaranteed policy extension provision • Waiver of Occupancy Clause Endorsement, which will enable the City to occupy the facility under construction/renovation during the activity • Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project • Equipment Breakdown for cold testing of all mechanized, pressurized, or electrical equipment For installation of property and/or equipment, Contractor must provide Builder’s Risk Installation insurance to include coverage for materials or equipment stored at the project site, while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage, and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Contract. b. The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation; ten (10) days’ notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Contract term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Contract until this requirement is met. e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior. 479 America's Gateway to the Gulfstream f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers’ Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor’s Workers’ Compensation insurance policy. h. The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on the certificate. The Certificate Holder should read as follows: City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave. Boynton Beach, FL 33435 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor’s expense. If the Contractor’s primary insurance policy/policies do not meet the minimum requirements, as set forth in this Contract, the Contractor may provide an Umbrella/Excess insurance policy to comply with this requirement. The Contractor’s insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Florida, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees, or volunteers shall be excess of Contractor’s insurance and shall be non-contributory. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, and/or this Contract is terminated. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract. The City reserves the right to review, at any time, coverage forms and limits of Contractor’s insurance policies. All notices of any claim/accident (occurrences) associated with this Contract, shall be provided to the Contractor’s insurance company and the City’s Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these insurance requirements. All coverages for independent and subcontractors shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. NOTE: These are minimal insurance requirements. Additional insurance, (e.g., Cyber Liability) may be required based upon the type of event, event location, and/or number of participants. Revised 06/17/2025 480 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA UniFirst Corporation and its Subsidiaries 68 Jonspin Road Wilmington, MA 01887 This Voids and Replaces Previously Issued Certificate Dated 09/12/2025 WITH ID: W40230083. Division/Location: 919 SEE ATTACHED City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave. Boynton Beach, FL 33435 09/12/2025 1-877-945-7378 1-888-467-2378 certificates@wtwco.com Hartford Fire Insurance Company 19682 Sentinel Insurance Company Ltd Hartford Casualty Insurance Company 11000 29424 Twin City Fire Insurance Company 29459 W40232471 A 2,000,000 1,000,000 5,000Contractual Per Loc Aggregate $2M 2,000,000 20,000,000 4,000,000 Y 08CSES91303 10/01/2024 10/01/2025 A 5,000,000 10/01/202510/01/202408CSES91304 08WNS91300B 2,000,000No10/01/2024 10/01/2025 2,000,000 2,000,000 C Workers Compensation and Employers Liability EL Each Accident08XWES9130210/01/2024 10/01/2025 EL Disease -Pol Limit Per Statute EL Disease - Each Emp 412123528446053SR ID:BATCH: $1,000,000 $1,000,000 $1,000,000 WTW Certificate Center Page 1 of 2 481 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: UniFirst Corporation and its Subsidiaries 68 Jonspin Road Wilmington, MA 01887 City of Boynton Beach is included as an Additional Insured as respects to General Liability as required by written contract. INSURER AFFORDING COVERAGE: Twin City Fire Insurance Company NAIC#: 29459 POLICY NUMBER: 08WBRS91301 EFF DATE: 10/01/2024 EXP DATE: 10/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Workers Compensation and EL Each Accident $2,000,000 Employers Liability EL Disease -Pol Limit $2,000,000 Per Statute EL Disease - Each Emp $2,000,000 2 2 Willis Towers Watson Northeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W40232471CERT:4121235BATCH:28446053SR ID:482 City of Boynton Beach Agenda Item Request Form 8.A Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-023- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Part III "Land Development Regulations," Chapter 1 "General Administration," Article II "Definitions"; and amending Chapter 3 "Zoning," Article IV "Use Regulations," Section 3 "Use Regulations"; to allow accessory residential agricultural uses in R-1-AAB on properties larger than .90 acres; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-023, at second reading. Explanation of Request: The proposed amendments establish a new accessory use, “Residential Agricultural,” which allows property-limited agricultural uses such as cultivating certain foods and plants that do not require commercial infrastructure or compromise the residential area's character. This accessory use will be permitted in R-1-AAB on properties larger than 0.90 acres. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ord. 25-023_Amending_Land_Use_Regulations_to_establish_Residential_Agriculture (3).docx Staff_Report business-impact-estimate-_LDR_Amendment_-_Residential_Agriculture.docx 483 Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-023 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART III “LAND 4 DEVELOPMENT REGULATIONS,” CHAPTER 1 “GENERAL 5 ADMINISTRATION,” ARTICLE II “DEFINITIONS”; AND AMENDING 6 CHAPTER 3 “ZONING,” ARTICLE IV “USE REGULATIONS,” SECTION 3 7 “USE REGULATIONS”; TO ALLOW ACCESSORY RESIDENTIAL 8 AGRICULTURAL USES IN R-1-AAB ON PROPERTIES LARGER THAN .90 9 ACRES; PROVIDING FOR CODIFICATION; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN 11 EFFECTIVE DATE. 12 13 WHEREAS, Part III “Land Development Regulations,” Chapter 1 “General Administration,” 14 Article II “Definitions,” and Chapter 3 “Zoning,” Article IV “Use Regulations,” Section 3 of the City’s 15 Code of Ordinances currently establishes zoning use regulations; and 16 WHEREAS, the Development Department would like to amend the zoning use regulations 17 to establish Residential Agriculture as an allowable accessory use in the R-1-AAB zoning district, 18 which allows property-limited agricultural uses such as cultivating certain foods and plants that 19 do not require commercial infrastructure or compromise the residential area's character; and 20 WHEREAS, the City Commission has determined that this amendment serves the public 21 health, safety, and welfare of the citizens of the City of Boynton Beach; and, 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA: 24 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 25 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 26 484 Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 2: Part III “Land Development Regulations,” Chapter 1 “General 27 Administration,” Article II “Definitions,” and Chapter 3 “Zoning,” Article IV “Use Regulations,” 28 Section 3 is hereby amended to read as follows: 29 PART III LAND DEVELOPMENT REGULATIONS 30 … 31 CHAPTER 1. GENERAL ADMINISTRATION 32 … 33 Article II. Definitions 34 … 35 AGRICULTURE - See "Garden." 36 AGRICULTURE, RESIDENTIAL - The use of residentially zoned property for limited agricultural 37 purposes that are accessory to the primary residential use of the property. Residential agriculture 38 includes, but is not limited to, the cultivation of fruits, vegetables, herbs, and flowers. Residential 39 agriculture shall not include intensive farming, the keeping of livestock, or activities that require 40 commercial infrastructure or generate noise, odor, or traffic. 41 AISLE - The hard-surfaced lanes in a parking lot which connect the parking stalls with a public or 42 private street, alley or interior driveway. 43 … 44 CHAPTER 3. ZONING 45 … 46 ARTICLE IV. USE REGULATIONS 47 … 48 Sec. 3. Use Regulations 49 485 Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. … 50 D. Use Matrix (Table 3-28). 51 52 P = Permitted C = Conditional A = Accessory R-1- AA B R- 1- AA R- 1- A R- 1 R- 2 R- 3 IPU D PU D MH P C- 1 C- 2 C- 3 C- 4 CB D PC D SM U MU -1 MU -2 MU -3 MU -4 MU -C M- 1 PI D PU RE C AGRICULTURAL Community Garden P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 Agricultural , Residential A 107 53 E. Use Footnotes. 54 … 55 106. Caterer. Allowed only as an accessory use to a restaurant or restaurant, take-out use. 56 107. Agriculture, Residential: 57 Lot Size: Lots must be a minimum of 0.90 acres. 58 Locational Criteria: Lot must be located on an Arterial or Collector Roadway. 59 Permitted Accessory Uses: 60 Agriculture: Limited cultivation of crops, orchards, and related farming activities. 61 Wholesale Nursery: The wholesale distribution of horticultural products, including flowers, 62 shrubs, sod, trees, mulch, and accessory hardscape materials such as decorative stones for 63 486 Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ornamental or landscaping purposes. All outdoor storage areas must be set back a minimum 64 of 50 feet from each property line. 65 Passive Park: Public or private outdoor recreation areas developed with minimal disturbance 66 to the land, relying on a natural or man-made resource base and intended for low-intensity 67 recreational use (e.g., walking trails, nature observation, picnicking). 68 Assembly, Institutional Nonprofit: Establishments open to the public and owned or operated 69 by nonprofit organizations for social, educational, or recreational purposes (e.g., community 70 centers, learning gardens). 71 Assembly, Membership Nonprofit: Establishments owned or operated by nonprofit 72 organizations for social, educational, or recreational purposes where access is limited to 73 individuals with paid membership (e.g., rural clubs, nature associations). 74 Development Standards: 75 Development within this district shall maintain a rural character and minimize environmental 76 impacts. Additional standards may apply regarding setbacks, lot coverage, density, and 77 buffering to ensure compatibility among land uses. 78 … 79 Section 3: Codification. It is the intention of the City Commission of the City of 80 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 81 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 82 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 83 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 84 487 Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 4: Severability. If any clause, section, or other part of this Ordinance shall be 85 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 86 or invalid part shall be considered as eliminated and in no way affecting the validity of the other 87 provisions of this Ordinance. 88 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 89 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 90 conflict. 91 Section 6: Effective Date. This Ordinance shall take effect immediately upon 92 passage. 93 Signatures Page to Follow 94 488 Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2025. 95 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 96 CITY OF BOYNTON BEACH, FLORIDA 97 YES NO 98 99 Mayor – Rebecca Shelton _____ _____ 100 101 Vice Mayor – Woodrow L. Hay _____ _____ 102 103 Commissioner – Angela Cruz _____ _____ 104 105 Commissioner – Thomas Turkin _____ _____ 106 107 Commissioner – Aimee Kelley _____ _____ 108 109 VOTE ______ 110 ATTEST: 111 112 113 _____________________________ 114 Maylee DeJesús, MMC Rebecca Shelton 115 City Clerk Mayor 116 117 APPROVED AS TO FORM: 118 (Corporate Seal) 119 120 Shawna G. Lamb 121 City Attorney 122 489 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-033 \ STAFF REPORT TO: Mayor and Commissioners THRU: Amanda Radigan, AICP, LEED AP Director of Planning and Zoning FROM: Gabe Sevigny Principal Planner DATE: August 1, 2025 REQUEST: Approve CDRV 25-008 amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 3.D. Use Matrix and Notes; to establish a new use and add definitions and use standards. ________________ OVERVIEW The proposed amendment establishs the use of “Residential Agriculture” within the Land Development Regulations. The modifications includes lot standards, location requirements, and use standards. EXPLANATION & PROPOSED AMENDMENTS The propoased amendments define “Residential Agricultre” as “the use of residentially zoned property for limited agricultural purposes that are accessory to the primary residential use of the property. Residential agriculture includes, but is not limited to, the cultivation of fruits, vegetables, herbs, and flowers. Residential agriculture shall not include intensive farming, the keeping of livestock, or activities that require commercial infrastructure or generate noise, odor, or traffic.” This accessory use will be permitted in R-1-AAB on properties that are larger then 0.90ac. CONCLUSION/RECOMMENDATION Staff recommends approval of the subject amendments to the Land Development Regulations to formally establish Residential Agriculture as an allowable accessory use in the R-1-AAB zoning district. Attachments 490 Page 1 of 2 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III “LAND DEVELOPMENT REGULATIONS,” CHAPTER 1 “GENERAL ADMINISTRATION,” ARTICLE II “DEFINITIONS”; AND AMENDING CHAPTER 3 “ZONING,” ARTICLE IV “USE REGULATIONS,” SECTION 3 “USE REGULATIONS”; TO ALLOW ACCESSORY RESIDENTIAL AGRICULTURAL USES IN R-1-AAB ON PROPERTIES LARGER THAN .90 ACRES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 491 Page 2 of 2 a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): The proposed amendments establish a new accessory use, “Residential Agricultural,” which allows property-limited agricultural uses such as cultivating certain foods and plants that do not require commercial infrastructure or compromise the residential area's character. This accessory use will be permitted in R-1-AAB on properties larger than 0.90 acres. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: NONE 4. Additional information the governing body deems useful (if any): NONE 492 City of Boynton Beach Agenda Item Request Form 8.B Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-019 - Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 4.61 Acres of Unincorporated Territory Into the Corporate Limits of the City Pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-019, at second reading. Explanation of Request: The subject area is located in unincorporated Palm Beach County, consisting of 4.61 acres, located east of North Federal Highway, approximately 570 feet south of the intersection of Old Dixie Highway and North Federal Highway, and is contiguous to the City of Boynton Beach on the north, west, and southern boundaries. All properties within the proposed annexation area currently receive water and wastewater services from the City of Boynton Beach. As a condition of receiving these municipal services, property owners are required to enter into a formal agreement with the City. This agreement, titled “Summary of Agreement for Water and Wastewater Service Outside the City Limits, Covenant for Annexation, and Irrevocable Special Power of Attorney” (refer to the attached ‘Agreements’), grants the City the authority to initiate voluntary annexation on behalf of the property owner at a time deemed appropriate by the City. This mechanism allows the City to extend municipal services and facilitate development on properties located outside of its corporate boundaries—even in cases where contiguity does not yet exist. Once sufficient contiguity is established, the City may exercise the Special Power of Attorney to annex multiple properties collectively. This coordinated annexation approach streamlines the process, reduces administrative and infrastructure costs, and provides a more efficient path for property development—whether at a small or large scale. 493 The site currently has a Palm Beach County Future Land Use Classification of CH/5 and MR-5 and is zoned Palm Beach County CG and RM, which permits commercial along federal and up to 5 dwelling units per acre for the east portion of the site. The application submitted is an application to voluntarily annex the property into the City of Boynton Beach and change the Future Land Use to LRC (Local Retail Commercial) and LDR (Low Density Residential) and zoning to C-3 and R-2, respectively, which would permit the existing uses at this location. There will be no change in use for the proposed annexation. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. The application further reduces an existing enclave, which this location could be considered as it has city boundary surrounding on the north, west, and southern sides, with the Intracoastal Waterway directly to the east. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007- 018. Pursuant to these requirements, on July 29, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on August 20, 2025 notification of the Public Hearing was sent via certified mail. Comments will be provided to City Commission once received. How will this affect city programs or services? If approved the City would be responsible for all services including but not limited to Police, Fire, and Solid Waste. All applicable departments have reviewed this application and currently have the necessary resources to service this area. Account Line Item and Description: N/A Fiscal Impact: If approved the taxable value of the City would increase by approximately $10 million. Attachments: Ordinance_No._25-019_Annexation_Bamboo_Lane__8.19.25_.docx Staff Report - Bamboo Lane.pdf Attachment 1 - Application - Signed Attachment 2 - Petitions - Executed Attachment 3 - Contiguity Map Attachment 4 - Location Map Attachment 5 - Exhibit A - Legal Description and Sketch Attachment 6 - Project Statement Attachment 7 - Existing FLUM_Commercial Attachment 8 - Proposed FLUM_Commercial Attachment 9 - Existing FLUM_Residential Attachment 10 - Proposed FLUM_Residential 494 Attachment 11 - Existing Zoning_Commercial Attachment 12 - Proposed Zoning_Commercial Attachment 13 - Existing Zoning_Residential Attachment 14 - Proposed Zoning_Residential business-impact-estimate-_annexation_Bamboo_Lane_3492-2025.docx Bamboo Lane Annexation - Annexation Feasibility Analysis - RGS.docx 495 Bamboo Lane Annexation Ordinance ORDINANCE NO. 25-019 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 2 VOLUNTARILY ANNEXING APPROXIMATELY 4.61 ACRES OF 3 UNINCORPORATED TERRITORY INTO THE CORPORATE LIMITS OF 4 THE CITY PURSUANT TO SECTION 171.044, FLORIDA STATUTES; 5 PROVIDING FOR THE ANNEXATION OF THE PROPERTY DESCRIBED 6 HEREIN; PROVIDING PUBLICATION OF NOTICE OF THE PROPOSED 7 ANNEXATION; DIRECTING THE CITY CLERK TO RECORD THIS 8 ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE 9 CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY, AND 10 WITH THE DEPARTMENT OF STATE; PROVIDING A BUSINESS 11 IMPACT ESTIMATE; PROVIDING FOR CODIFICATION; CONFLICTS; 12 SEVERABILITY; AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City of Boynton Beach, Florida (the “City”) is a municipal corporation 15 organized and existing under the laws of the State of Florida; and 16 WHEREAS, Section 166.021, Florida Statutes, as amended, empowers the City 17 Commission to annex real property into the corporate boundaries of the City; and 18 WHEREAS, Sections 171.011 through 171.094, Florida Statutes, as amended, the 19 Municipal Annexation or Contraction Act, empowers the City Commission to annex real 20 property into the corporate boundaries of the City, pursuant to a petition voluntarily filed by 21 the owner of certain real property; and 22 WHEREAS, the properties described and depicted in Exhibit A attached hereto and 23 incorporated herein by reference (collectively the “Property”) are currently located in 24 unincorporated Palm Beach County, Florida; and 25 WHEREAS, the Property is contiguous to the existing corporate limits of the City as 26 required by Section 171.044, Florida Statutes; and 27 WHEREAS, the property owners identified in Exhibit B (collectively the "Property 28 Owner") are the fee simple owners of the Property; and 29 WHEREAS, the Property Owner has executed Water Service Agreements with the City, 30 which include a power of attorney authorizing the City to execute documents necessary for 31 voluntary annexation upon satisfaction of all statutory requirements, and 32 496 Bamboo Lane Annexation Ordinance WHEREAS, the City’s authority to act as attorney-in-fact for the Property Owner is 33 derived from the following described Water Service Agreements and Irrevocable Special Power 34 of Attorney: Irrevocable Special Power of Attorney executed by Daniel Al. Leiva, as Corporate 35 Representative of Casa Bamboo LLC and recorded at Book 34950 Page 1307 of the Public 36 Records of Palm Beach County, Florida, pursuant to a Water Service Agreement recorded at 37 Official Records Book 34950, Page 1307 of the Public Records of Palm Beach County, Florida; 38 an Irrevocable Special Power of Attorney executed by Michael C. Slocum and Chaya Slocum 39 recorded at Official Records Book 32523, Page 1017 pursuant to a Water Service Agreement 40 recorded at Official Records Book 32523, Page 1017 of the Public Records of Palm Beach 41 County, Florida; an Irrevocable Special Power of Attorney executed by Edwin Mehanovic and 42 Elizabeth Mehanovic recorded at Official Records Book 32523, Page 1009 of the Public Records 43 of Palm Beach County, Florida pursuant to a Water Service Agreement recorded at Official 44 Records Book, 32523 Page 1009 of the Public Records of Palm Beach County, Florida; an 45 Irrevocable Special Power of Attorney executed by Stephen J. Gallagher and Laura M. Gallagher 46 recorded at Official Records Book 34100, Page 164 of the Public Records of Palm Beach County, 47 Florida pursuant to a Water Service Agreement recorded at Official Records Book 34100, Page 48 164 of the Public Records of Palm Beach County, Florida; and an Irrevocable Special Power of 49 Attorney executed by Albert Levy and Sacha Levy recorded at Official Records Book 32523, 50 Page 1005 of the Public Records of Palm Beach County, Florida pursuant to a Water Service 51 Agreement recorded at Official Records Book 32523, Page 1005 of the Public Records of Palm 52 Beach County, Florida; an Irrevocable Special Power of Attorney executed by Shelly Ohare, the 53 authorized representative for Gulfstream Holdings, LLC and recorded at Official Records Book 54 33693, Page 0345 of the Public Records of Palm Beach County, Florida pursuant to a Water 55 Service Agreement recorded at Official Records Book 33693, Page 0345 of the Public Records 56 of Palm Beach County, Florida; an Irrevocable Special Power of Attorney executed by David B. 57 Abbasi & Casey B. Abbassi and recorded at Official Records Book 32523, Page 1011 of the 58 Public Records of Palm Beach County, Florida pursuant to a Water Service Agreement recorded 59 at Official Records Book 32523, Page 1011 of the Public Records of Palm Beach County, Florida; 60 an Irrevocable Special Power of Attorney executed by Nadine Piszel, as Corporate 61 497 Bamboo Lane Annexation Ordinance Representative of Conamkat Property Development Inc and recorded at Official Records Book 62 32523, Page 1015 of the Public Records of Palm Beach County, Florida pursuant to a Water 63 Service Agreement recorded at Official Records Book 32352, Page 1015 of the Public Records 64 of Palm Beach County, Florida; an Irrevocable Special Power of Attorney executed by Raymond 65 Mullen and Patricia Mullen and recorded at Official Records Book 32523, Page 1013 of the 66 Public Records of Palm Beach County, Florida pursuant to a Water Service Agreement recorded 67 at Official Records Book 32523, Page 1013 of the Public Records of Palm Beach County, Florida; 68 an Irrevocable Special Power of Attorney executed by Chris Mygatt and Curtis Bennett and 69 recorded at Official Records Book 32523, Page 1023 of the Public Records of Palm Beach 70 County, Florida pursuant to a Water Service Agreement recorded at Official Records Book 71 32523, Page 1023 of the Public Records of Palm Beach County, Florida; an Irrevocable Special 72 Power of Attorney executed by Robert Peterson, Kelly Peterson, and Michael Gravelese and 73 recorded at Official Records Book 32523, Page 1029 of the Public Records of Palm Beach 74 County, Florida pursuant to a Water Service Agreement recorded at Official Records Book 75 32523, Page 1029 of the Public Records of Palm Beach County, Florida; an Irrevocable Special 76 Power of Attorney executed by Rene Helmut gross and Kathy Ruth Gross and recorded at 77 Official Records Book 32523, Page 1019 of the Public Records of Palm Beach County, Florida 78 pursuant to a Water Service Agreement recorded at Official Records Book 32523, Page 1019 79 of the Public Records of Palm Beach County, Florida; an Irrevocable Special Power of Attorney 80 executed by Maria Luisa Barrera and recorded at Official Records Book 32523, Page 1007 of 81 the Public Records of Palm Beach County, Florida pursuant to a Water Service Agreement 82 recorded at Official Records Book 32523, Page 1007 of the Public Records of Palm Beach 83 County, Florida; an Irrevocable Special Power of Attorney executed by Jaime Mayo, as 84 Corporate Representative of Nigel Development, Inc and recorded at Official Records Book 85 33824, Page 1747 of the Public Records of Palm Beach County, Florida pursuant to a Water 86 Service Agreement recorded at Official Records Book 33824, Page 1747 of the Public Records 87 of Palm Beach County, Florida; an Irrevocable Special Power of Attorney executed by Edward 88 M. Renzulli as Corporate Representative of 3737 Federal Highway, LLC and recorded at Official 89 Records Book 32523, Page 1021 of the Public Records of Palm Beach County, Florida pursuant 90 498 Bamboo Lane Annexation Ordinance to a Water Service Agreement recorded at Official Records Book 32523, Page 1021 of the Public 91 Records of Palm Beach County, Florida; All current Owners are bound by the annexation 92 covenant contained in said Water Service Agreement, which covenant runs with the land and 93 inures to the benefit of all successors in interest and assigns (collectively the “Water Service 94 Agreements”); and 95 WHEREAS, the City has furnished the Board of County Commissioners of Palm Beach 96 County a copy of the published notice of annexation by certified mail on August 20, 2025, more 97 than ten (10) days before said publication, and said action is hereby ratified and confirmed by 98 the City Commission; and 99 WHEREAS, all conditions precedent for annexation have been satisfied, including: 100 1. The Property is contiguous to the existing municipal boundaries; 101 2. The Property Owner has consented to annexation through the Water Service 102 Agreement; 103 3. All notice requirements of Section 171.044, Florida Statutes, have been satisfied; 104 4. The required public hearings were held on September 18, 2025, and October 7, 105 2025, with proper notice given; 106 5. The annexation is consistent with the City's Comprehensive Plan; and 107 WHEREAS, all other procedural and notice requirements mandated by State law and 108 the City’s Charter and Code of Ordinances have been followed and satisfied; and, 109 WHEREAS, the City has performed a business impact estimate pursuant to §166.041(4), 110 Florida Statutes, and determined that adoption of this ordinance: 111 (1) serves a public purpose by serving the public health, safety, morals, and welfare of 112 the City, 113 (2) has no direct negative economic impact on private, for-profit businesses in the city, 114 (3) will not result in direct compliance costs for businesses, 115 (4) does not impose any new charge or fee on businesses for which businesses will be 116 financially responsible, 117 (5) does not create any additional municipal regulatory cost that is not recovered 118 appropriately and lawfully by the City; and 119 499 Bamboo Lane Annexation Ordinance WHEREAS, the City Commission finds that annexation of the Property serves the public 120 interest by promoting orderly municipal growth, extending municipal services, and 121 incorporating areas already receiving City water service into the municipal tax base; and 122 WHEREAS, the City Commission finds that the Property Owner has requested and is 123 receiving water service from the City, demonstrating the reasonableness and necessity of 124 annexation; and 125 WHEREAS, Section 171.044, Florida Statutes, authorizes municipal annexation of 126 contiguous unincorporated territory under the circumstances present herein. 127 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 128 BOYNTON BEACH, FLORIDA, THAT: 129 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 130 being true and correct and are hereby incorporated herein and made a part hereof. 131 Section 2. FINDINGS 132 The City Commission hereby finds and determines that: 133 A. All of the recitals set forth above are true and correct and are hereby incorporated 134 by reference. 135 B. The Property described and depicted in Exhibit A is contiguous to the existing 136 corporate limits of the City. 137 C. The Property Owner has consented to annexation through the executed Water 138 Service Agreements containing power of attorney provisions. 139 D. All statutory requirements for voluntary annexation under Section 171.044, Florida 140 Statutes, have been satisfied. 141 E. Proper notice of the public hearings was given as required by law. 142 F. The annexation will not result in the creation of an enclave of unincorporated territory. 143 G. The annexation serves the public interest and promotes orderly municipal 144 development. 145 Section 3. ANNEXATION 146 The real property described in Exhibit A attached hereto and incorporated herein by 147 reference is hereby annexed into the corporate limits of the City of Boynton Beach, Florida, and 148 500 Bamboo Lane Annexation Ordinance shall become a part of the City for all purposes, effective upon the date this ordinance becomes 149 effective. 150 Section 4. BOUNDARIES 151 Upon the effective date of this ordinance, the City's corporate limits shall be extended to 152 include the Property described in Exhibit A. The City Clerk and Director of Planning and 153 Development are hereby authorized and directed to: 154 A. Prepare an amended corporate limits map showing the annexation of the Property; 155 B. File appropriate documentation with the Florida Department of Revenue pursuant to 156 Section 171.07, Florida Statutes; 157 C. Within 7 days after adoption of this Ordinance, file a certified copy of this Ordinance 158 with the Palm Beach County Administrator, Palm Beach County Supervisor of Elections, Tax 159 Collector, Property Appraiser, Department of State, Clerk of Court, and other appropriate 160 officials of the annexation; 161 D. Within 7 days after adoption of this Ordinance, record this ordinance in the public 162 records of Palm Beach County, Florida; and 163 E. Take all other actions necessary to effectuate the annexation. 164 Section 5. MUNICIPAL SERVICES 165 Upon the effective date of this ordinance: 166 A. The Property shall be entitled to receive all municipal services provided by the City to 167 similarly situated properties within the City; 168 B. The Property shall be subject to all City ordinances, regulations, and requirements 169 applicable to properties within the City; 170 C. The Property shall be subject to City ad valorem taxation beginning with the next tax 171 year following annexation; and 172 D. All City development regulations, building codes, and land use requirements shall apply 173 to the Property. 174 Section 6. POWER OF ATTORNEY AUTHORIZATION 175 The City Manager and City Clerk are hereby authorized to execute, on behalf of the 176 Property Owner, any additional documents that may be required to complete the annexation 177 501 Bamboo Lane Annexation Ordinance process, pursuant to the power of attorney granted in the Water Service Agreements. Such 178 authority includes, but is not limited to: execution of boundary survey certifications; execution 179 of any state-required annexation forms; execution of documents required by the Florida 180 Department of Revenue; and any other documents reasonably necessary to effectuate the 181 annexation. 182 Section 7. COMPLIANCE WITH STATE LAW 183 This annexation is adopted in full compliance with Section 171.044, Florida Statutes, 184 and all other applicable state laws and constitutional requirements. The City Commission 185 hereby certifies that: proper notice was given as required by Section 171.044(2), Florida 186 Statutes; two public hearings were conducted as required by Section 171.044, Florida Statutes; 187 the Property is reasonably compact and contiguous to the City; the Property Owner has 188 consented to the annexation; and the annexation serves a municipal purpose. 189 Section 8. BUSINESS IMPACT ESTIMATE 190 Pursuant to Section 166.041(4), Florida Statutes, the City is required to prepare a 191 business impact estimate for certain proposed ordinances. This proposed ordinance voluntarily 192 annexes land into the City of Boynton Beach. The voluntary annexation of residential land into 193 the City (1) serves a public purpose by serving the public health, safety, morals, and welfare of 194 the City, (2) has no direct negative economic impact on private, for-profit businesses in the city, 195 (3) will not result in direct compliance costs by businesses, (4) does not impose any new charge 196 or fee or businesses for which businesses will be financially responsible, and (5) does not create 197 any additional municipal regulatory cost which is not recovered appropriately and lawfully by 198 the City. Thus, it is estimated that neither residents nor any businesses will incur additional 199 costs. The City does not seek to impose any additional user or regulatory fees or charges, nor 200 are any direct compliance costs expected. The Business Impact Estimate form for this ordinance 201 is on file with the City Clerk. 202 Section 9. CODIFICATION 203 That Section 6 of the Charter of the City of Boynton Beach, Florida, is hereby amended 204 to reflect the annexation of land more particularly described in Exhibit A. 205 502 Bamboo Lane Annexation Ordinance Section 10. CONFLICTS AND SEVERABILITY 206 If any clause, section, or other part or application of this Ordinance shall be held by any 207 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 208 part or application shall be considered as eliminated and so not affect the validity of the remaining 209 portions or applications remaining in full force and effect. 210 Section 11. EFFECTIVE DATE 211 This Ordinance shall become effective immediately upon passage. 212 213 503 Bamboo Lane Annexation Ordinance FIRST READING this _____ day of _________________, 2025. 214 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2025. 215 216 CITY OF BOYNTON BEACH, FLORIDA 217 YES NO 218 219 Mayor – Rebecca Shelton _____ _____ 220 221 Vice Mayor – Woodrow L. Hay _____ _____ 222 223 Commissioner – Angela Cruz _____ _____ 224 225 Commissioner – Thomas Turkin _____ _____ 226 227 Commissioner – Aimee Kelley _____ _____ 228 229 VOTE ______ 230 231 232 233 ATTEST: 234 235 _____________________________ ______________________________ 236 Maylee De Jesús, MPA, MMC Rebecca Shelton 237 City Clerk Mayor 238 239 APPROVED AS TO FORM: 240 (Corporate Seal) 241 242 _______________________________ 243 Shawna G. Lamb 244 City Attorney 245 246 504 Bamboo Lane Annexation Ordinance EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF PROPERTY BAMBOO LANE 505 Bamboo Lane Annexation Ordinance EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF PROPERTY (Continued) 506 Bamboo Lane Annexation Ordinance EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF PROPERTY (Continued) 507 Bamboo Lane Annexation Ordinance 508 Bamboo Lane Annexation Ordinance EXHIBIT B PROPERTY OWNERS 509 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Gabe Sevigny, Principal Planner DATE: August 1, 2025 PROJECT: Bamboo Lane Annexation 2025.07.4988 REQUEST: Approve Bamboo Lane request for Annexation of 4.61 acres, Future Land Use Map Amendment from Palm Beach County’s Commercial High with an Underlying MR-5 (CH/5) to Local Retail Commercial (LRC) and rezoning from Palm Beach County’s General Commercial (CG) to Community Commercial District (C- 3) consisting of approximately 0.99 acres, a Future Land Use Map Amendment from Palm Beach County’s Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) to Low Density Residential (LDR), and Rezoning from Palm Beach County’s Multi-Family Residential (RM) to Two-Family Residential (R-2) consisting of approximately 3.63 acres, site is located east of North Federal Highway, approximately 570 feet south of the intersection of Old Dixie Highway and North Federal Highway. PROJECT DESCRIPTION Property Owner: See attached Applicant: City of Boynton Beach Address: 804 Bamboo Lane, reference point Location: The east side of North Federal Highway, approximately 570 feet south of the Old Dixie Highway and North Federal Highway intersection. Existing Land Use: West portion commercial, Palm Beach County General Commercial High with an Underlying MR-5 (CH/5); East portion 510 Page 2 Bamboo Lane Annexation 2025.07.4988 2 residential Medium Residential, 5 Units Per Acre (MR-5) Proposed Land Use: West portion Local Retail Commercial (LRC); east portion Low Density Residential (LDR) Existing Zoning: Palm Beach County west portion General Commercial (CG); east portion Multi-family Residential (RM) Proposed Zoning: West portion Community Commercial (C-3); east portion Single- family and two-family residential (R-2) Proposed Use: West portion will continue to be commercial, east portion will continue to be residential. Acreage: 4.61 acres Adjacent Uses: North: Multi-Family and single-family detached, FLU classification of Special High Density Residential (SHDR) and Low Density Residential (LDR) zoned Infill Planned Unit Development (IPUD) and Single-Family Residential (R1AA). South: Multi-Family, FLU classification of Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD). East: Intracoastal Waterway West: Commercial, FLU classification Local Retail Commercial (LRC) zoned Community Commercial (C3); then Federal Highway; then Unincorporated with FLU classification of Commercial High, with an Underlaying MR-5 (CH/5) zoned General Commercial (CG), and incorporated vacant with FLU classification of Special High Density Residential (SHDR) zoned Infill Planned Unit Development (IPUD) BACKGROUND The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north, west, and southern boundaries. All properties within the proposed annexation area currently receive water and wastewater services from the City of Boynton Beach. As a condition of receiving these municipal services, property owners are required to enter into a formal agreement with the City. This agreement, titled “Summary of Agreement for Water and Wastewater Service Outside the City Limits, Covenant for Annexation, and Irrevocable Special Power of 511 Page 3 Bamboo Lane Annexation 2025.07.4988 3 Attorney” (refer to the attached ‘Agreements’), grants the City the authority to initiate voluntary annexation on behalf of the property owner at a time deemed appropriate by the City. This mechanism allows the City to extend municipal services and facilitate development on properties located outside of its corporate boundaries—even in cases where contiguity does not yet exist. Once sufficient contiguity is established, the City may exercise the Special Power of Attorney to annex multiple properties collectively. This coordinated annexation approach streamlines the process, reduces administrative and infrastructure costs, and provides a more efficient path for property development— whether at a small or large scale. The site currently has a Palm Beach County Future Land Use Classification of CH/5 and MR-5 and is zoned Palm Beach County CG and RM, which permits commercial along federal and up to 5 dwelling units per acre for the east portion of the site. The application submitted is an application to voluntarily annex the property into the City of Boynton Beach and change the Future Land Use to LRC (Local Retail Commercial) and LDR (Low Density Residential) and zoning to C-3 and R-2, respectively, which would permit the existing uses at this location. There will be no change in use for the proposed annexation. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. The application further reduces an existing enclave, which this location could be considered as it has city boundary surrounding on the north, west, and southern sides, with the Intracoastal Waterway directly to the east. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on July 29, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on August 15, 2025 notification of the Public Hearing was sent via certified mail. Comments will be provided to City Commission once received. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan, and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. The final adoption by the City Commission is planned for January 2022. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed 512 Page 4 Bamboo Lane Annexation 2025.07.4988 4 change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, which would not be appropriate once the property is annexed into the City. Furthermore, the location has existing uses and structures and is developed. The proposed FLU classifications and proposed zoning allow for existing uses to be in compliance. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.1.1 The City shall issue development orders or permits only if infrastructure for potable water, sanitary sewer, solid waste and stormwater drainage exist, is provided for in accord with the requirements of this Comprehensive Plan, or will exist concurrent with the impacts of the development, and is sufficient to maintain or exceed adopted levels of service. Policy 1.1.6 The City shall ensure that all proposed land use changes submitted to the Department of Economic Opportunity will include data and analysis demonstrating that adequate water supplies and associated public facilities are available to meet projected growth demands. If necessary, an amendment to the Capital Improvements Element will also be included. Policy 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city- initiated actions can be postponed for up to 6 months unless 513 Page 5 Bamboo Lane Annexation 2025.07.4988 5 improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The area is currently developed with a land use pattern established for commercial along Federal Highway and mixture of residential moving east to the Intracoastal Waterway. Both the zone changes and FLUM do not change any land use patterns for the area. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLU and zoning designations will compliment the existing uses of the area as the area is already developed. By annexing properties that are served by the City of Boynton Beach for water and wastewater, this allows for a more conservative method for future water usage. The zone change and FLUM are required to applied at time of annexation. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The area is already developed and being served by the City of Boynton Beach. See attached for department estimates of expenditures to the City if approved for annexation, zone change, and FLUM. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and 514 Page 6 Bamboo Lane Annexation 2025.07.4988 6 (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The area in question is already developed and is consistent with surrounding development for commercial and residential development. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. See attached for department estimates for expenditures of impact on City services for an annexation, zone change, and FLUM associated with this proposal. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposal is for an area that is already developed as commercial and residential. No changes are anticipated at this time. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. As the site is already developed, it would not be feasible to move to another site, therefore this criterion does not apply. 515 Page 7 Bamboo Lane Annexation 2025.07.4988 7 j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. Section 2.D.1.e states that “A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district.” The proposed zoning district is a conventional zoning district, therefore this criterion does not apply. RECOMMENDATION Staff has reviewed the proposed Annexation and Future Land Use & Zoning Map amendments against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3 and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 V i l l a C i r Vill a Ci r V ill a C ir N O ldD ixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwy1 W a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd¹0 80 160 240 32040 Feet Legend Contiguity Site Location - Bamboo Lane and Palmer Road Current City's Boundary Boynton Beach BAMBOO LANE AND PALMER ROADBAMBOO LANE AND PALMER ROAD Contiguity MapContiguity Map 555 V i l l a C i r Vill a Ci r V ill a C ir N O ldD ixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwy1 W a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd BAMBOO LANE AND PALMER ROADBAMBOO LANE AND PALMER ROAD SITE Location MapLocation Map ¹0 80 160 240 32040 Feet Legend Site Location - Bamboo Lane and Palmer Road Current City's Boundary Boynton Beach 556 557 558 559 Project Statement The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the north, west, and southern boundaries . All properties within the requested annexation are served by the City of Boynton Beach in regards to water and wastewater. The area currently has a Palm Beach County future land use designation of CH/5 and MR-5 and is zoned Palm Beach County CG and RM, which permits commercial along federal and up to 5 dwelling units per acre for the east portion of the site. The application submitted is an application to voluntarily annex the property into the City of Boynton Beach and change the future land use to Local Retail Commercial (LRC) and Low Density Residential (LDR) and zoning to Community Commercial (C-3) and Single- and Two- Family Residential (R-2), respectively, which would permit the existing uses at this location. There will be no change in use for the proposed annexation. Review of the proposed annexation application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. The application further reduces an existing enclave, which this location could be considered as it has city boundary surrounding on the north, west, and southern sides, with the Intracoastal Waterway directly to the east. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan, and is not located within an area of critical state concern, the proposed Future L and Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. 560 a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment an d rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, wh ich would not be appropriate once the property is annexed into the City. Furthermore, the location has existing uses and structures and is developed. The proposed FLU classifications and proposed zoning allow for existing uses to be in compliance. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.1.1 The City shall issue development orders or permits only if infrastructure for potable water, sanitary sewer, solid waste and stormwater drainage exist, is provided for in accord with the requirements of this Comprehensive Plan, or will exist concurrent with the impacts of the development, and is sufficient to maintain or exceed adopted levels of service. Policy 1.1.6 The City shall ensure that all proposed land use changes submitted to the Department of Economic Opportunity will include data and analysis demonstrating that adequate water supplies and associated public facilities are available to meet projected growth demands. If necessary, an amendment to the Capital Improvements Element will also be included. Policy 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. 561 Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city - initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The area is currently developed with a land use pattern established for commercial along Federal Highway and mixture of residential moving east to the Intracoastal Waterway. Both the zone changes and FLUM do not change any land use patterns for the area. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity with in the project and between adjacent properties. The proposed FLU and zoning designations will compliment the existing uses of the area as the area is already developed. By annexing properties that are served by the City of Boynton Beach for water and wastewater, this allows for a more conservative method for future water usage. The zone change and FLUM are required to applied at time of annexation. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. 562 The area is already developed and being served by the City of Boynton Beach. See attached for department estimates of expenditures to the City if approved for annexation, zone change, and FLUM. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The area in question is already developed and is consistent with surrounding development for commercial and residential development. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. See attached for department estimates for expenditures of impact on City services for an annexation, zone change, and FLUM associated with this proposal. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for 563 commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposal is for an area that is already developed as commercial and residential. No changes are anticipated at this time. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. As the site is already developed, it would not be feasible to move to another site, therefore this criterion does not apply. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. Section 2.D.1.e states that “A master plan shall be required when a privately -initiated application is made to rezone lands to a planned zoning district.” The proposed zoning district is a conventional zoning district, therefore this criterion does not ap ply. 564 565 V i l l a C i r Vill a Ci r V ill a C ir N O ldD ixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwy1 W a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd Future Land Use Map (LRC)Future Land Use Map (LRC) ¹0 80 160 240 32040 Feet Legend Site Location Current City's Boundary Future Land Use LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) Boynton Beach PROPOSED FLU: LRC 566 567 V i l l a C i r Vill a Ci r V ill a C ir N O ldD ixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwy1 W a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd Future Land Use Map (LDR)Future Land Use Map (LDR) ¹0 80 160 240 32040 Feet Legend Site Location Current City's Boundary Future Land Use LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) Boynton Beach PROPOSED FLU: LDR 568 V i l l a C i r Vill a Ci r V ill a C ir N O ldD ixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwyW a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd Existing Zoning Map (CG)Existing Zoning Map (CG) ¹0 80 160 240 32040 Feet Legend Site Location Current City's Boundary PBC Zoning PBC Zoning COMMUNITY COMMERCIAL DISTRICT GENERAL COMMERCIAL DISTRICT MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) DISTRICT NEIGHBORHOOD COMMERCIAL DISTRICT PUBLIC OWNERSHIP DISTRICT RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT SINGLE FAMILY RESIDENTIAL DISTRICT Boynton Beach EXISTING ZONING: CG 569 V i l l a C i r Vill a Ci r V ill a Cir N O ldDixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwy1 W a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd Zoning Map (C3)Zoning Map (C3) ¹0 80 160 240 32040 Feet Legend Site Location Current City's Boundary Zoning Classification C1 Office Professional C3 Community Commercial IPUD Infill Planned Unit Development PUD Planned Unit Development R1 Single Family, 7.5 du/ac R1AA Single Family, 5.5 du/ac R3 Multi Family, 11 du/ ac Boynton Beach PROPOSED ZONING: C3 570 V i l l a C i r Vill a Ci r V ill a C ir N O ldD ixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwyW a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd Existing Zoning Map (RM)Existing Zoning Map (RM) ¹0 80 160 240 32040 Feet Legend Site Location Current City's Boundary PBC Zoning COMMUNITY COMMERCIAL DISTRICT GENERAL COMMERCIAL DISTRICT MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) DISTRICT NEIGHBORHOOD COMMERCIAL DISTRICT PUBLIC OWNERSHIP DISTRICT RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT SINGLE FAMILY RESIDENTIAL DISTRICT Boynton Beach EXISTING ZONING: RM 571 V i l l a C i r Vill a Ci r V ill a Cir N O ldDixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwy1 W a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd PROPOSED ZONING: R2 Zoning Map (R2)Zoning Map (R2) ¹0 80 160 240 32040 Feet Legend Site Location Current City's Boundary Zoning Classification C1 Office Professional C3 Community Commercial IPUD Infill Planned Unit Development PUD Planned Unit Development R1 Single Family, 7.5 du/ac R1AA Single Family, 5.5 du/ac R3 Multi Family, 11 du/ ac Boynton Beach 572 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, VOLUNTARILY ANNEXING APPROXIMATELY 4.61 ACRES OF UNINCORPORATED TERRITORY INTO THE CORPORATE LIMITS OF THE CITY PURSUANT TO SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE ANNEXATION OF THE PROPERTY DESCRIBED HEREIN; PROVIDING PUBLICATION OF NOTICE OF THE PROPOSED ANNEXATION; DIRECTING THE CITY CLERK TO RECORD THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY, AND WITH THE DEPARTMENT OF STATE; PROVIDING A BUSINESS IMPACT ESTIMATE; PROVIDING FOR CODIFICATION; CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. 573 Page 2 of 3 ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): This proposed ordinance will provide City services for the applicant and will expand the City boundaries, thus serving the public health safety, morals and welfare. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: Annexation does not lessen or remove any private resident or commercial business. Thus, it is estimated that neither residents nor any businesses will incur additional costs. The city does not seek to impose any additional user or regulatory fees or charges, nor are any direct compliance costs expected. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: Annexation does not lessen or remove any private resident or commercial business. Thus, it is estimated that neither residents nor any businesses will incur additional costs. The city does not seek to impose any additional user or regulatory fees or charges, nor are any direct compliance costs expected. (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 574 Page 3 of 3 Annexation does not lessen or remove any private resident or commercial business. Thus, it is estimated that neither residents nor any businesses will incur additional costs. The city does not seek to impose any additional user or regulatory fees or charges, nor are any direct compliance costs expected. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Zero (0) 4. Additional information the governing body deems useful (if any): City staff solicited comments from businesses and residents in the City as to the potential impact of the proposed ordinance by direct mail or direct email, posting on City’s website, etc. The proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect residents or businesses. 575 Page 1 of 4 Bamboo Lane Annexation Bamboo Lane Annexation Annexation Feasibility Analysis Original: February 7, 2025 Updated: August 13, 2025 576 Page 2 of 4 Bamboo Lane Annexation Planning & Development Department Acreage: 4.61 2023 Population Estimate: 26 Number of Parcels: 16 Number of Residential Units: 12 Number of Non-Residential Units: 3 Taxable Value: $14,328,352 Median Household Income: $66,552 Per Capita Income: $57,736 Owner/Renter Statistics: Owner: 9 Renter: 3 Median Age of Structure: 69 years Approx. number of jobs within Subarea: Unknown Linear Lane-Miles of County Roads: Local: 0.2 Collector: 0 Arterial: 0 Total: 0.2 577 Page 3 of 4 Bamboo Lane Annexation Inventory of Public Service Facilities Below is a summary of the feasibility analysis performed by each department, including the estimated costs (operational and capital) and revenue. The calculations are provided in an annual basis, except otherwise noted. For additional clarity, the bottom line (deficit or surplus) and Level of Service (LOS) have been denoted as follows: ❌ - Department deficit ✔️ - Department surplus or meets/exceeds LOS 1) Planning and Development: ✔️  The Planning and Development Department would be able to maintain the current LOS without additional resources.  No additional staff will be needed to handle planning applications.  Review of the zoning code reveals that the recommended zoning designations are of the C-3 and R-2 zoning districts to order to accommodate existing and future uses that are compatible with current zoning of Palm Beach County.  Plans and regulations, including the Comprehensive Plan and Zoning Map, will need more in-depth updates to accommodate the annexation. 2) Business Tax Receipt (BTR): ✔️  The Business Tax Receipt Division would not require additional resources in order to maintain the current LOS. 3) Community Standards ✔️  The Community Standards Division is able to maintain the current LOS without additional resources. 4) Building: ✔️  The Building Division would be able to provide the same LOS without additional resources. 5) Fire ✔️  The Fire Department would be able to maintain the current LOS with existing resources.  Station 4 is primary response for the Bamboo Lane Annexation. Fire is already in the process of updating addresses with the Fire Box system and will be ready to start providing responses as soon as approval date is granted.  The projected revenue from the fire services (i.e. EMS transport, fire inspections and assessment fees) would be immaterial. 6) Police: ✔️  The Police Department would not need additional resources in order to maintain the current LOS.  Officer serving the subject zone would assume additional area, which only consists of 12 homes.  No additional police facilities will be needed in order to provide police services to the subarea. 7) Public Works: ✔️ The Public Works Department provides a range of essential services, including Engineering (permitting and inspections), solid waste, and maintenance of streets, sidewalk and parks. Below is a summary of the Department’s key findings. 1. Engineering/ Construction Services: ✔️  There may be associated costs related to the road resurfacing program to routinely maintain, renew and resurface roads, which will be budgeted as needed per City policies. 2. Solid Waste: ✔️  The Solid Waste Division would not need additional resources to service the annexation area and maintain the current LOS.  The services for the commercial and residential properties can be absorbed with existing equipment and staff. 578 Page 4 of 4 Bamboo Lane Annexation  While municipal services can be adequately provided by the division, adjustments to the current service contracts may be necessary to accommodate the annexation of this area. 3. Parks & Grounds Maintenance ✔️  While municipal services can be adequately provided by the division, adjustments to the current service contracts will be necessary to accommodate the annexation of this area. 8) Utilities: ✔️  The annexation will not trigger additional operational or capital costs related to water distribution and sanitary sewer services.  The proposed annexation area currently receives water service from the City of Boynton Beach Utilities Department. This confirms that the necessary infrastructure is already in place to continue to support the developed area. Also, the existing water infrastructure serving the area is deemed adequate for its current development density and usage.  The City of Boynton Beach Utilities currently owns and maintains the water and sewer mains within the service area and will continue to do so after annexation. This confirms that there will be no change in operational responsibilities.  The proposed annexation area is not currently served by the City's sanitary sewer system. The nearest gravity sanitary sewer line is located approximately 440 feet away, measured along the public right-of-way. As a condition of annexation, the developer or property owner must be agreed to be responsible for extending the City's sanitary sewer main to serve the subject property. This extension must be designed by a Florida-licensed Professional Engineer and submitted to the Utilities Department for review and approval. All costs associated with the design, permitting, and construction of the sanitary sewer main extension, including any required lift stations or force mains, will be the sole responsibility of the developer or property owner.  The City Commission must decide if final annexation will be contingent upon the successful completion of the sanitary sewer main extension, which must meet all applicable City codes, ordinances, and standards. The new infrastructure will be dedicated to and maintained by the City of Boynton Beach Utilities Department upon final acceptance.  Existing customers in the subject area will no longer be subject to the unincorporated surcharge 9) Parks & Recreation: ✔️  The City’s Comprehensive Plan, Policy 5.3.1 states that the City shall adopt and maintain a level of service of 2.5 acres of developed parkland per 1,000 residents, which excludes undeveloped parkland, private golf courses, conservation land, preservation land, and bodies of water.  The city’s current level of service is 7.22 acres per 1000 residents.  The annexation of the subject area would add an additional 26 people, which is very minimal and would not impact the LOS.  Factoring planned city parks and other agency developed parks would increase the level of service to 9.25 acres per 1000 residents. 579 City of Boynton Beach Agenda Item Request Form 8.C Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-024- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for a parcel of real property by changing the future land use classification from Palm Beach County's Commercial High with an underlying MR-5 (CH/5) to City of Boynton Beach's Low Retail Commercial (LRC); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of the Proposed Ordinance No. 25-024, at second reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the north, west, and southern boundaries. The site currently has a Palm Beach County Future Land Use designation of Commercial High with an Underlying MR-5 (CH/5) and is zoned Palm Beach County General Commercial (CG), which permits commercial along Federal Highway. The application submitted is an application to voluntarily annex the property into the City of Boynton Beach and change the future land use to Local Retail Commercial (LRC), which would permit the existing uses at this location. There will be no change in use for the proposed application. How will this affect city programs or services? See Bamboo Lane Annexation for analysis. Account Line Item and Description: N/A. Fiscal Impact: See Bamboo Lane Annexation for analysis. Attachments: Ord. 25-024 Bamboo_Lane_Annexation_-_Future_Land_Use_Map_Amendment_Ordinance_- _CH5_to_LRC.docx Attachment 1 - Existing FLUM_Commercial Attachment 2 - Proposed FLUM_Commercial Attachment 3 - Exhibit A - Legal for C-3_Draft Business-impact-estimate_Agenda Item 3493-2025.docx 580 581 08.08.25 (IG) Page 1 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-024 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY 4 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, FOR A PARCEL OF REAL PROPERTY BY CHANGING 6 THE FUTURE LAND USE CLASSIFICATION FROM PALM BEACH 7 COUNTY’S COMMERCIAL HIGH WITH AN UNDERLYING MR-5 (CH/5) 8 TO CITY OF BOYNTON BEACH’S LOW RETAIL COMMERCIAL (LRC); 9 DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE 10 MAP TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF THE 11 COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, 12 CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 15 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 16 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 17 and 18 WHEREAS, the existing area is located in unincorporated Palm Beach County that has 19 contiguity with the City of Boynton Beach on the north, west, and southern boundaries (the 20 “Property”), more particularly described in Exhibit “A”; and 21 WHEREAS, the permitted uses within the Future Land Use Map category are compatible 22 with the surrounding and existing land uses; and 23 WHEREAS, the Property owner has also applied to rezone the property from Palm Beach 24 County’s General Commercial (CG) to City of Boynton Beach’s Community Commercial District 25 (C-3); and 26 582 08.08.25 (IG) Page 2 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the procedure for amendment of a Future Land Use Element of a 27 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 28 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 29 Local Planning Agency and City Commission, finds that the Future Land Use Map amendment is 30 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 31 Statutes; and 32 WHEREAS, a published legal notice of this Ordinance has been provided pursuant to the 33 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 34 and 35 WHEREAS, after careful review of the application, staff has determined that the proposed 36 amendment complies with the City’s Comprehensive Plan and is consistent with section 163.3184, 37 Florida Statutes; and 38 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 39 which contains data and analysis supporting the Future Land Use Map amendment; and 40 WHEREAS, the City Commission finds that the proposed Future Land Use Map 41 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations 42 and finds it in the best interest of the public to amend the Future Land Use Element of the 43 Comprehensive Plan as hereinafter provided. 44 583 08.08.25 (IG) Page 3 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 45 BOYNTON BEACH, FLORIDA: 46 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 47 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 48 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to 49 reflect the following: The City’s Future Land Use Map is hereby amended from Palm Beach 50 County’s Future Land Use Designation of Commercial High with an Underlying MR-5 (CH/5) to 51 City of Boynton Beach’s Future Land Use Designation of Local Retail Commercial (LRC) for a parcel, 52 as depicted in Exhibit “B.” 53 Section 3: Amendment to Future Land Use Map. The Director of Planning and 54 Zoning is further authorized to make the necessary changes as required to the Future Land Use 55 Map to reflect the above-stated change. 56 Section 4: Authorization to Transmit. The City Manager or designee is hereby 57 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 58 provisions of the Community Planning Act, if required. 59 Section 5: Severability. The provisions of this Ordinance are declared to be 60 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 61 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 62 584 08.08.25 (IG) Page 4 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 63 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 64 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 65 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 66 Section 7: Effective Date. This Ordinance shall take effect immediately upon 67 adoption. 68 69 70 71 [SIGNATURES ON THE FOLLOWING PAGE] 72 585 08.08.25 (IG) Page 5 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 73 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 74 CITY OF BOYNTON BEACH, FLORIDA 75 YES NO 76 77 Mayor – Rebecca Shelton _____ _____ 78 79 Vice Mayor – Woodrow L. Hay _____ _____ 80 81 Commissioner – Aimee Kelley _____ _____ 82 83 Commissioner – Angela Cruz _____ _____ 84 85 Commissioner – Thomas Turkin _____ _____ 86 87 VOTE ______ 88 ATTEST: 89 90 _____________________________ 91 Maylee DeJesús, MMC Rebecca Shelton 92 City Clerk Mayor 93 94 APPROVED AS TO FORM: 95 (Corporate Seal) 96 97 98 Shawna G. Lamb 99 City Attorney 100 586 08.08.25 (IG) Page 6 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 587 08.08.25 (IG) Page 7 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 588 589 V i l l a C i r Vill a Ci r V ill a C ir N O ldD ixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwy1 W a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd Future Land Use Map (LRC)Future Land Use Map (LRC) ¹0 80 160 240 32040 Feet Legend Site Location Current City's Boundary Future Land Use LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) Boynton Beach PROPOSED FLU: LRC 590 591 P.O.B Reference Point "A" 592 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR A PARCEL OF REAL PROPERTY BY CHANGING THE FUTURE LAND USE CLASSIFICATION FROM PALM BEACH COUNTY’S COMMERCIAL HIGH WITH AN UNDERLYING MR-5 (CH/5) TO CITY OF BOYNTON BEACH’S LOW RETAIL COMMERCIAL (LRC); DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 593 Page 2 of 3 ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): In association with the Bamboo Lane Annexation, a property located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the north, west, and southern boundaries is required to rezone from Palm Beach County’s General Commercial (CG) to City of Boynton Beach’s Community Commercial District (C-3). The site currently has a Palm Beach County’s Future Land Use Designation of Commercial High with an Underlying MR-5 (CH/5). The proposed amendment is to change the Future Land Use Map to City of Boynton Beach’s Future Land Use Designation of Local Retail Commercial (LRC), which would permit the existing uses at this location. There will be no change in use for the proposed application. The City Commission finds that the proposed Future Land Use Map amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, and finds it in the best interest of the public to amend the Future Land Use Element of the Comprehensive Plan. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE 594 Page 3 of 3 (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 595 City of Boynton Beach Agenda Item Request Form 8.D Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-025- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Bamboo Lane annexation, amending Ordinance No. 02-013 to rezone a parcel of real property generally located east of North Federal Highway, approximately 570 feet south of the intersection of Old Dixie Highway and North Federal Highway, from Palm Beach County's General Commercial (CG) to City of Boynton Beach's Community Commercial District (C-3); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-025 at second reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the north, west, and southern boundaries. The area in question currently is zoned Palm Beach County’s General Commercial (CG). While there is a concurrent application for annexation, a site is required to rezone to a City of Boynton Beach's zoning classification at time of zoning. The request is for a rezone to Community Commercial District (C-3) in association with the Bamboo Lane Annexation is consistent with the current uses of the site and along Federal Highway. How will this affect city programs or services? See Bamboo Lane Annexation for analysis. Account Line Item and Description: N/A Fiscal Impact: See Bamboo Lane Annexation for analysis. Attachments: Ord. 25-025 _Bamboo_Lane_Annexation_-_Rezoning_GC_to_C-3.docx Attachment 1 - Existing Zoning_Commercial Attachment 2 - Proposed Zoning_Commercial Attachment 3 - Exhibit A - Legal for C-3_Draft Business-impact-estimate_Agenda Item 3495-2025.docx 596 08.08.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-025 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, IN ASSOCIATION WITH THE BAMBOO 4 LANE ANNEXATION, AMENDING ORDINANCE NO. 02-013 TO REZONE 5 A PARCEL OF REAL PROPERTY GENERALLY LOCATED EAST OF NORTH 6 FEDERAL HIGHWAY, APPROXIMATELY 570 FEET SOUTH OF THE 7 INTERSECTION OF OLD DIXIE HIGHWAY AND NORTH FEDERAL 8 HIGHWAY, FROM PALM BEACH COUNTY’S GENERAL COMMERCIAL 9 (CG) TO CITY OF BOYNTON BEACH’S COMMUNITY COMMERCIAL 10 DISTRICT (C-3); DECLARING THE PROPOSED AMENDMENT TO BE 11 CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; 12 PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 16 No. 02-013, establishing an official zoning map of the City; and 17 WHEREAS, the existing area is located in unincorporated Palm Beach County that has 18 contiguity with the City of Boynton Beach on the north, west, and southern boundaries and is 19 generally located east of North Federal Highway, approximately 570 feet south of the intersection 20 of Old Dixie Highway and North Federal Highway (the “Property”), more particularly described in 21 Exhibit “A”; and 22 WHEREAS, in association with the Bamboo Lane annexation, the Property is required to 23 rezone from Palm Beach County’s General Commercial (CG) to City of Boynton Beach’s 24 Community Commercial District (C-3); and 25 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 26 advertised hearing received testimony and evidence related to the application and found that the 27 597 08.08.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, 28 Florida Statutes; and 29 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 30 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 31 and 32 WHEREAS, after careful review of the application, staff has determined that the proposed 33 rezoning is consistent with an amendment to the Future Land Use Map, which was 34 contemporaneously considered and approved by the City Commission, complies with the City’s 35 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 36 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 37 which contains data and analysis supporting the rezoning; and 38 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 39 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 40 Regulations, and the City Commission deems it to be in the best interest of the public to amend 41 the City’s Zoning Map as further set forth herein. 42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 43 BOYNTON BEACH, FLORIDA: 44 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 45 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 46 598 08.08.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 47 Palm Beach County’s General Commercial (CG) to City of Boynton Beach’s Community Commercial 48 District (C-3), and the City’s Official Zoning Map shall be amended accordingly. 49 Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 50 further authorized to make the necessary changes, as depicted in Exhibit B, as required to the 51 City’s Official Zoning Map to reflect the above-stated changes. 52 Section 4: Authorization to Transmit. The City Manager or designee is hereby 53 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 54 provisions of the Community Planning Act, if required. 55 Section 5: Severability. The provisions of this Ordinance are declared to be 56 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 57 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 58 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 59 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 60 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 61 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 62 Section 7: Effective Date. This Ordinance shall take effect immediately upon 63 adoption. 64 Signatures on following page 65 599 08.08.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 66 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 67 CITY OF BOYNTON BEACH, FLORIDA 68 YES NO 69 70 Mayor – Rebecca Shelton _____ _____ 71 72 Vice Mayor – Woodrow L. Hay _____ _____ 73 74 Commissioner – Aimee Kelley _____ _____ 75 76 Commissioner – Angela Cruz _____ _____ 77 78 Commissioner – Thomas Turkin _____ _____ 79 80 VOTE ______ 81 ATTEST: 82 83 _____________________________ 84 Maylee DeJesús, MMC Rebecca Shelton 85 City Clerk Mayor 86 87 APPROVED AS TO FORM: 88 (Corporate Seal) 89 90 91 Shawna G. Lamb 92 City Attorney 93 600 08.08.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 601 08.08.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map 602 V i l l a C i r Vill a Ci r V ill a C ir N O ldD ixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwyW a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd Existing Zoning Map (CG)Existing Zoning Map (CG) ¹0 80 160 240 32040 Feet Legend Site Location Current City's Boundary PBC Zoning PBC Zoning COMMUNITY COMMERCIAL DISTRICT GENERAL COMMERCIAL DISTRICT MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) DISTRICT NEIGHBORHOOD COMMERCIAL DISTRICT PUBLIC OWNERSHIP DISTRICT RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT SINGLE FAMILY RESIDENTIAL DISTRICT Boynton Beach EXISTING ZONING: CG 603 V i l l a C i r Vill a Ci r V ill a Cir N O ldDixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwy1 W a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd Zoning Map (C3)Zoning Map (C3) ¹0 80 160 240 32040 Feet Legend Site Location Current City's Boundary Zoning Classification C1 Office Professional C3 Community Commercial IPUD Infill Planned Unit Development PUD Planned Unit Development R1 Single Family, 7.5 du/ac R1AA Single Family, 5.5 du/ac R3 Multi Family, 11 du/ ac Boynton Beach PROPOSED ZONING: C3 604 605 P.O.B Reference Point "A" 606 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN ASSOCIATION WITH THE BAMBOO LANE ANNEXATION, AMENDING ORDINANCE NO. 02- 013 TO REZONE A PARCEL OF REAL PROPERTY GENERALLY LOCATED EAST OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 570 FEET SOUTH OF THE INTERSECTION OF OLD DIXIE HIGHWAY AND NORTH FEDERAL HIGHWAY, FROM PALM BEACH COUNTY’S GENERAL COMMERCIAL (CG) TO CITY OF BOYNTON BEACH’S COMMUNITY COMMERCIAL DISTRICT (C-3); DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 607 Page 2 of 3 ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): In association with the Bamboo Lane Annexation, a property located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the north, west, and southern boundaries is required to rezone from Palm Beach County’s General Commercial (CG) to City of Boynton Beach’s Community Commercial District (C-3). The City Commission finds that the proposed rezoning is consistent with the surrounding and existing land uses, the City's Comprehensive Plan and Land Development Regulations, and the City Commission deems it to be in the best interest of the public to amend the City’s Zoning Map. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 608 Page 3 of 3 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 609 City of Boynton Beach Agenda Item Request Form 8.E Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-026- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for a parcel of real property by changing the future land use classification from Palm Beach County's Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) to City of Boynton Beach's Low Density Residential (LDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-026, at second reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the north, west, and southern boundaries. The site currently has a Palm Beach County Future Land Use designation of Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) and is zoned Palm Beach County Multi-Family Residential (RM), up to 5 dwelling units per acre for the east portion of the site. The application submitted is an application to voluntarily annex the property into the City of Boynton Beach and change the Future Land Use Map to Low Density Residential (LDR), which would permit the existing uses at this location. There will be no change in use for the proposed application. How will this affect city programs or services? See Bamboo Lane Annexation for analysis. Account Line Item and Description: N/A Fiscal Impact: See Bamboo Lane Annexation for analysis. Attachments: Ord. 25-026 Agenda_Item_3494-2025_Bamboo_Lane_Annexation_- _Future_Land_Use_Map_Amendment_Ordinance_-_PBC_MR-5_to_CoBB_LDR.docx 610 Attachment 1 - Existing FLUM_Residential Attachment 2 - Proposed FLUM_Residential Attachment 3 - Exhibit A - Legal for R-2_Draft Business-impact-estimate_Agenda Item 3494-2025.docx 611 ORDINANCE NO. 25-026 08.08.25 (IG) Page 1 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 1 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY 2 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, FOR A PARCEL OF REAL PROPERTY BY CHANGING 4 THE FUTURE LAND USE CLASSIFICATION FROM PALM BEACH 5 COUNTY’S MEDIUM RESIDENTIAL WITH A MAXIMUM DENSITY OF 5.0 6 DWELLING UNITS PER ACRE (MR-5) TO CITY OF BOYNTON BEACH’S 7 LOW DENSITY RESIDENTIAL (LDR); DECLARING THE PROPOSED 8 AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT 9 WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE 10 CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING 11 FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 14 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 15 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 16 and 17 WHEREAS, the existing area is located in unincorporated Palm Beach County that has 18 contiguity with the City of Boynton Beach on the north, west, and southern boundaries (the 19 “Property”), more particularly described in Exhibit “A”; and 20 WHEREAS, the permitted uses within the Future Land Use Map category are compatible 21 with the surrounding and existing land uses; and 22 WHEREAS, the Property owner has also applied to rezone the property from Palm Beach 23 County’s Multi-Family Residential (RM) to City of Boynton Beach’s Two-Family Residential (R-2); 24 and 25 WHEREAS, the procedure for amendment of a Future Land Use Element of a 26 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 27 612 ORDINANCE NO. 25-026 08.08.25 (IG) Page 2 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 28 Local Planning Agency and City Commission, finds that the Future Land Use Map amendment is 29 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 30 Statutes; and 31 WHEREAS, a published legal notice of this Ordinance has been provided pursuant to the 32 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 33 and 34 WHEREAS, after careful review of the application, staff has determined that the proposed 35 amendment complies with the City’s Comprehensive Plan and is consistent with section 163.3184, 36 Florida Statutes; and 37 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 38 which contains data and analysis supporting the Future Land Use Map amendment; and 39 WHEREAS, the City Commission finds that the proposed Future Land Use Map 40 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, 41 and finds it in the best interest of the public to amend the Future Land Use Element of the 42 Comprehensive Plan as hereinafter provided. 43 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 44 BOYNTON BEACH, FLORIDA: 45 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 46 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 47 613 ORDINANCE NO. 25-026 08.08.25 (IG) Page 3 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to 48 reflect the following: The City’s Future Land Use Map is hereby amended from Palm Beach 49 County’s Future Land Use Designation of Medium Residential with a maximum density of 5.0 50 dwelling units per acre (MR-5) to City of Boynton Beach’s Future Land Use Designation of Low 51 Density Residential (LDR) for a parcel, as depicted in Exhibit “B.” 52 Section 3: Amendment to Future Land Use Map. The Director of Planning and 53 Zoning is further authorized to make the necessary changes as required to the Future Land Use 54 Map to reflect the above stated change. 55 Section 4: Authorization to Transmit. The City Manager or designee is hereby 56 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 57 provisions of the Community Planning Act, if required. 58 Section 5: Severability. The provisions of this Ordinance are declared to be 59 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 60 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 61 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 62 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 63 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 64 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 65 614 ORDINANCE NO. 25-026 08.08.25 (IG) Page 4 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 7: Effective Date. This Ordinance shall take effect immediately upon 66 adoption. 67 68 69 70 [SIGNATURES ON THE FOLLOWING PAGE] 71 615 ORDINANCE NO. 25-026 08.08.25 (IG) Page 5 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 72 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 73 CITY OF BOYNTON BEACH, FLORIDA 74 YES NO 75 76 Mayor – Rebecca Shelton _____ _____ 77 78 Vice Mayor – Woodrow L. Hay _____ _____ 79 80 Commissioner – Aimee Kelley _____ _____ 81 82 Commissioner – Angela Cruz _____ _____ 83 84 Commissioner – Thomas Turkin _____ _____ 85 86 VOTE ______ 87 ATTEST: 88 89 _____________________________ 90 Maylee DeJesús, MMC Rebecca Shelton 91 City Clerk Mayor 92 93 APPROVED AS TO FORM: 94 (Corporate Seal) 95 96 97 Shawna G. Lamb 98 City Attorney 99 616 ORDINANCE NO. 25-026 08.08.25 (IG) Page 6 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 617 ORDINANCE NO. 25-026 08.08.25 (IG) Page 7 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 618 619 V i l l a C i r Vill a Ci r V ill a C ir N O ldD ixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwy1 W a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd Future Land Use Map (LDR)Future Land Use Map (LDR) ¹0 80 160 240 32040 Feet Legend Site Location Current City's Boundary Future Land Use LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) Boynton Beach PROPOSED FLU: LDR 620 621 622 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR A PARCEL OF REAL PROPERTY BY CHANGING THE FUTURE LAND USE CLASSIFICATION FROM PALM BEACH COUNTY’S MEDIUM RESIDENTIAL WITH A MAXIMUM DENSITY OF 5.0 DWELLING UNITS PER ACRE (MR-5) TO CITY OF BOYNTON BEACH’S LOW DENSITY RESIDENTIAL (LDR); DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 623 Page 2 of 3 ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): In association with the Bamboo Lane Annexation, a property located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the north, west, and southern boundaries is required to rezone from Palm Beach County’s Multi-Family Residential (RM) to City of Boynton Beach’s Two-Family Residential District (R-2). The site currently has a Palm Beach County Future Land Use designation of Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5). The proposed amendment is to change the Future Land Use Map to Low Density Residential (LDR), which would permit the existing uses at this location. There will be no change in use for the proposed application. The City Commission finds that the proposed Future Land Use Map amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, and finds it in the best interest of the public to amend the Future Land Use Element of the Comprehensive Plan. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE 624 Page 3 of 3 (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 625 City of Boynton Beach Agenda Item Request Form 8.F Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-027- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Bamboo Lane annexation, amending Ordinance No. 02-013 to rezone a parcel of real property generally located east of North Federal Highway, approximately 570 feet south of the intersection of Old Dixie Highway and North Federal Highway, from Palm Beach County's Multi-Family Residential (RM) to City of Boynton Beach's Two-Family Residential District (R-2); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-027, at Second Reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the north, west, and southern boundaries. The area in question currently is zoned Palm Beach County’s Multi-Family Residential (RM). While there is a concurrent application for annexation, a site is required to rezone to a City of Boynton Beach's zoning classification at time of zoning. The request is for a rezone to Two-Family Residential (R-2) in association with the Bamboo Lane Annexation is consistent with the current uses of the site and general vicinity. How will this affect city programs or services? See Bamboo Lane Annexation for analysis. Account Line Item and Description: N/A Fiscal Impact: See Bamboo Lane Annexation for analysis. Attachments: Ord. 25-027 _Bamboo_Lane_Annexation_-_Rezoning (3).docx Attachment 1 - Existing Zoning_Residential Attachment 2 - Proposed Zoning_Residential Attachment 3 - Exhibit A - Legal Description Business-impact-estimate_Agenda Item 3496-2025.docx 626 ORDINANCE NO. 25-027 08.11.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 1 BOYNTON BEACH, FLORIDA, IN ASSOCIATION WITH THE BAMBOO 2 LANE ANNEXATION, AMENDING ORDINANCE NO. 02-013 TO REZONE 3 A PARCEL OF REAL PROPERTY GENERALLY LOCATED EAST OF NORTH 4 FEDERAL HIGHWAY, APPROXIMATELY 570 FEET SOUTH OF THE 5 INTERSECTION OF OLD DIXIE HIGHWAY AND NORTH FEDERAL 6 HIGHWAY, FROM PALM BEACH COUNTY’S MULTI-FAMILY 7 RESIDENTIAL (RM) TO CITY OF BOYNTON BEACH’S TWO-FAMILY 8 RESIDENTIAL DISTRICT (R-2); DECLARING THE PROPOSED 9 AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN 10 OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 14 No. 02-013, establishing an official zoning map of the City; and 15 WHEREAS, the existing area is located in unincorporated Palm Beach County that has 16 contiguity with the City of Boynton Beach on the north, west, and southern boundaries and is 17 generally located east of North Federal Highway, approximately 570 feet south of the intersection 18 of Old Dixie Highway and North Federal Highway (the “Property”), more particularly described in 19 Exhibit “A”; and 20 WHEREAS, in association with the Bamboo Lane annexation, the Property is required to 21 rezone from Palm Beach County’s Multi-Family Residential (RM) to City of Boynton Beach’s Two-22 Family Residential (R-2); and 23 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 24 advertised hearing, received testimony and evidence related to the application and found that 25 the rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part 26 II, Florida Statutes; and 27 627 ORDINANCE NO. 25-027 08.11.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, a published legal notice of this Ordinance has been provided pursuant to the 28 requirements of section 166.041, Florida Statutes, and the City’s Land Development Regulations; 29 and 30 WHEREAS, after careful review of the application, staff has determined that the proposed 31 rezoning is consistent with an amendment to the Future Land Use Map, which was 32 contemporaneously considered and approved by the City Commission, complies with the City’s 33 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 34 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 35 which contains data and analysis supporting the rezoning; and 36 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 37 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 38 Regulations, and the City Commission deems it to be in the best interest of the public to amend 39 the City’s Zoning Map as further set forth herein. 40 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 41 BOYNTON BEACH, FLORIDA: 42 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 43 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 44 Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 45 Palm Beach County’s Multi-Family Residential (RM) to City of Boynton Beach’s Two-Family 46 Residential (R-2), and the City’s Official Zoning Map shall be amended accordingly. 47 628 ORDINANCE NO. 25-027 08.11.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 48 further authorized to make the necessary changes, as depicted in Exhibit B, as required to the 49 City’s Official Zoning Map to reflect the above-stated changes. 50 Section 4: Authorization to Transmit. The City Manager or designee is hereby 51 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 52 provisions of the Community Planning Act, if required. 53 Section 5: Severability. The provisions of this Ordinance are declared to be 54 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 55 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 56 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 57 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 58 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 59 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 60 Section 7: Effective Date. This Ordinance shall take effect immediately upon 61 adoption. 62 63 629 ORDINANCE NO. 25-027 08.11.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 64 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 65 CITY OF BOYNTON BEACH, FLORIDA 66 YES NO 67 68 Mayor – Rebecca Shelton _____ _____ 69 70 Vice Mayor – Woodrow L. Hay _____ _____ 71 72 Commissioner – Aimee Kelley _____ _____ 73 74 Commissioner – Angela Cruz _____ _____ 75 76 Commissioner – Thomas Turkin _____ _____ 77 78 VOTE ______ 79 ATTEST: 80 81 _____________________________ 82 Maylee DeJesús, MMC Rebecca Shelton 83 City Clerk Mayor 84 85 APPROVED AS TO FORM: 86 (Corporate Seal) 87 88 89 Shawna G. Lamb 90 City Attorney 91 630 ORDINANCE NO. 25-027 08.11.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 631 ORDINANCE NO. 25-027 08.11.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map 632 V i l l a C i r Vill a Ci r V ill a C ir N O ldD ixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwyW a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd Existing Zoning Map (RM)Existing Zoning Map (RM) ¹0 80 160 240 32040 Feet Legend Site Location Current City's Boundary PBC Zoning COMMUNITY COMMERCIAL DISTRICT GENERAL COMMERCIAL DISTRICT MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) DISTRICT NEIGHBORHOOD COMMERCIAL DISTRICT PUBLIC OWNERSHIP DISTRICT RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT SINGLE FAMILY RESIDENTIAL DISTRICT Boynton Beach EXISTING ZONING: RM 633 V i l l a C i r Vill a Ci r V ill a Cir N O ldDixieH w ySFederalHwy1 1 N O ldDi x i e H w y Wa ll S t N O ldD ixieHw yNFederalHwyNFederalHwy1 W a t e r s i d e C i r C h u k k e rR d B a m b o o L n V i r g i n i a G a r d e n D r P a l m e r R d C h u k k e r R d BanyanRdBanyan Rd PROPOSED ZONING: R2 Zoning Map (R2)Zoning Map (R2) ¹0 80 160 240 32040 Feet Legend Site Location Current City's Boundary Zoning Classification C1 Office Professional C3 Community Commercial IPUD Infill Planned Unit Development PUD Planned Unit Development R1 Single Family, 7.5 du/ac R1AA Single Family, 5.5 du/ac R3 Multi Family, 11 du/ ac Boynton Beach R2 Single - and Two - Family Residential, 7.5 du/ac 634 635 636 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN ASSOCIATION WITH THE BAMBOO LANE ANNEXATION, AMENDING ORDINANCE NO. 02- 013 TO REZONE A PARCEL OF REAL PROPERTY GENERALLY LOCATED EAST OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 570 FEET SOUTH OF THE INTERSECTION OF OLD DIXIE HIGHWAY AND NORTH FEDERAL HIGHWAY, FROM PALM BEACH COUNTY’S MULTI-FAMILY RESIDENTIAL (RM) TO CITY OF BOYNTON BEACH’S TWO-FAMILY RESIDENTIAL DISTRICT (R-2); DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 637 Page 2 of 3 ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): In association with the Bamboo Lane Annexation, a property located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the north, west, and southern boundaries is required to rezone from Palm Beach Coun ty’s Multi-Family Residential (RM) to City of Boynton Beach’s Two-Family Residential District (R-2). The City Commission finds that the proposed rezoning is consistent with the surrounding and existing land uses, the City's Comprehensive Plan and Land Deve lopment Regulations, and the City Commission deems it to be in the best interest of the public to amend the City’s Zoning Map. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 638 Page 3 of 3 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 639 City of Boynton Beach Agenda Item Request Form 8.G Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-020- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 27.97 Acres of Unincorporated Territory into the Corporate Limits of the City pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-020, at second reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County, consisting of approximately 27.97 acres located at the southwest corner of the intersection of Hypoluxo Road and Lawrence Road, generally known as Palmyra, that has contiguity with the City of Boynton Beach on the east and southern boundaries. All properties within the requested annexation are served by the City of Boynton Beach in regards to water and wastewater. In order for a property to be served by the City of Boynton Beach, a property owner is required to enter into an agreement with the City. This agreement, titled “Summary of Agreement for Water and Wastewater Service Outside the City Limits, Covenant for Annexation, and Irrevocable Special Power of Attorney” (refer to the attached ‘Agreements’), grants the City the authority to initiate voluntary annexation on behalf of the property owner at a time deemed appropriate by the City. This mechanism allows the City to extend municipal services and facilitate development on properties located outside of its corporate boundaries even in cases where contiguity does not yet exist. Once sufficient contiguity is established, the City may exercise the Special Power of Attorney to annex multiple properties collectively. This coordinated annexation approach streamlines the process, reduces administrative and infrastructure costs, and provides a more 640 efficient path for property development—whether at a small or large scale. The subject site currently holds a Palm Beach County Future Land Use designation of MR-5 (Medium Residential, 5 units per acre) and is zoned Palm Beach County PUD (Planned Unit Development) and AR (Agricultural Residential). These designations permit residential development at a density of up to five dwelling units per acre. Additionally, properties zoned AR may allow for certain agricultural uses. A concurrent City-initiated Code Amendment is under consideration that, if approved, would allow specific agricultural uses within the City’s R-1-AAB zoning district, provided the property meets a minimum lot size of 0.75 acres (refer to the attached ‘Existing FLUM,’ ‘Existing Zone,’ ‘Future FLUM,’ and ‘Future Zone’ exhibits). The application submitted is for voluntary annexation into the City of Boynton Beach, accompanied by a request to amend the Future Land Use classification to LDR (Low Density Residential) and the zoning designation to PUD and R-1-AAB, respectively. These proposed City designations would preserve the existing uses on the site and may accommodate certain accessory agricultural uses that are currently permitted under the County’s AR zoning. There is no anticipated change in use for the proposed annexation. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. The remaining parcel is a dedicated drainage easement and not subject to future development. By State Statute it would not be defined as an enclave. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007- 018. Pursuant to these requirements, on July 29, 2025, staff sent a notification of the proposed annexation to the Palm Beach County Administrator and Planning Director, and a formal notification of the Public Hearing was sent August 20, 2025, via certified Mail. How will this affect city programs or services? If approved the City would be responsible for all services including but not limited to Police, Fire, and Solid Waste. All applicable departments have reviewed this application and currently have the necessary resources to service this area. Account Line Item and Description: N/A Fiscal Impact: If approved the taxable value of the City would increase by approximately $30 641 million. Attachments: Ordinance_No._25-020_Annexation_Palmyra__FINAL FOR EXECUTION.docx Staff Report - Palmyra.pdf Attachment 1 - Application - Signed.pdf Attachment 2 - Petition - Executed.pdf Attachment 3 - Contiguity Map.pdf Attachment 4 - Location Map.pdf Attachment 5 - Project Statement Attachment 6 - Annexation Legal Description.pdf Attachment 7 - Annexation Sketch.pdf Attachment 8 Existing FLU_PUD Attachment 9 - Existing FLU_AR Attachment 10 - Proposed FLUM_AR Attachment 11 - Proposed FLUM_PUD Attachment 12 - Existing Zoning_PUD Attachment 13 - Existing Zoning_AR Attachment 14 - Proposed Zoning_PUD Attachment 15 - PUD Legal Description.pdf Attachment 16 - Proposed Zoning_R-1-AAB Attachment 17 - AR Legal Description.pdf business-impact-estimate-_annexation-Palmyra.docx Palmyra Annexation - Annexation Feasibility Analysis - RGS.docx 642 Palmyra Annexation Ordinance ORDINANCE NO. 25-020 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 2 VOLUNTARILY ANNEXING APPROXIMATELY 27.97 ACRES OF 3 UNINCORPORATED TERRITORY INTO THE CORPORATE LIMITS OF 4 THE CITY PURSUANT TO SECTION 171.044, FLORIDA STATUTES; 5 PROVIDING FOR THE ANNEXATION OF THE PROPERTY DESCRIBED 6 HEREIN; PROVIDING PUBLICATION OF NOTICE OF THE PROPOSED 7 ANNEXATION; DIRECTING THE CITY CLERK TO RECORD THIS 8 ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE 9 CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY, AND 10 WITH THE DEPARTMENT OF STATE; PROVIDING A BUSINESS 11 IMPACT ESTIMATE; PROVIDING FOR CODIFICATION; CONFLICTS; 12 SEVERABILITY; AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City of Boynton Beach, Florida (the “City”) is a municipal corporation 15 organized and existing under the laws of the State of Florida; and 16 WHEREAS, Section 166.021, Florida Statutes, as amended, empowers the City 17 Commission to annex real property into the corporate boundaries of the City; and 18 WHEREAS, Sections 171.011 through 171.094, Florida Statutes, as amended, the 19 Municipal Annexation or Contraction Act, empowers the City Commission to annex real 20 property into the corporate boundaries of the City, pursuant to a petition voluntarily filed by 21 the owner of certain real property; and 22 WHEREAS, the properties described and depicted in Exhibit A attached hereto and 23 incorporated herein by reference (collectively the “Property”) are currently located in 24 unincorporated Palm Beach County, Florida; and 25 WHEREAS, the Property is contiguous to the existing corporate limits of the City as 26 required by Section 171.044, Florida Statutes; and 27 WHEREAS, the property owners identified in Exhibit B (collectively the "Property 28 Owner") are the fee simple owners of the Property; and 29 WHEREAS, the Property Owner has executed Water Service Agreements with the City, 30 which include a power of attorney authorizing the City to execute documents necessary for 31 voluntary annexation upon satisfaction of all statutory requirements, and 32 643 Palmyra Annexation Ordinance WHEREAS, the City’s authority to act as attorney-in-fact for the Property Owner is 33 derived from the following described Water Service Agreements and Irrevocable Special Power 34 of Attorney: Irrevocable Special Power of Attorney executed by Jean Dahlgren, trustee U/A 35 10/04/89, Clark E. Dahlgren, and Jean Dahlgren recorded at Official Records Book 13660, Page 36 1433 of the Public Records of Palm Beach County, Florida, pursuant to a Water Service 37 Agreement recorded at Official Records Book 13660, Page 1433 of the Public Records of Palm 38 Beach County, Florida; an Irrevocable Special Power of Attorney executed by Sharon and Patrick 39 Robinson recorded at Official Records Book 13660, Page 1215 pursuant to a Water Service 40 Agreement recorded at Official Records Book 13660, Page 1215 of the Public Records of Palm 41 Beach County, Florida; an Irrevocable Special Power of Attorney executed by John and Brenda 42 Orrico recorded at Official Records Book 13660, Page 1208 of the Public Records of Palm Beach 43 County, Florida pursuant to a Water Service Agreement recorded at Official Records Book, 44 13660 Page 1208 of the Public Records of Palm Beach County, Florida; an Irrevocable Special 45 Power of Attorney executed by Phillip and Cheryl Hartnett recorded at Official Records Book 46 13660, Page 1201 of the Public Records of Palm Beach County, Florida pursuant to a Water 47 Service Agreement recorded at Official Records Book 13660, Page 1201 of the Public Records 48 of Palm Beach County, Florida; an Irrevocable Special Power of Attorney executed by Angela 49 Edythe Erb and Ross A. Caranci recorded at Official Records Book 28888, Page 1278 of the 50 Public Records of Palm Beach County, Florida pursuant to a Water Service Agreement recorded 51 at Official Records Book 28888, Page 1278 of the Public Records of Palm Beach County, Florida, 52 and an Irrevocable Special Power of Attorney executed by Wilmer Frederick Bauer, Jr. as Trustee 53 of the Wilmer Frederick Bauer Trust recorded at Official Records Book 13660, Page 1453 of the 54 Public Records of Palm Beach County, Florida pursuant to a Water Service Agreement recorded 55 at Official Records Book 13660, Page 1453 of the Public Records of Palm Beach County, Florida. 56 All current Owners are bound by the annexation covenant contained in said Water Service 57 Agreement, which covenant runs with the land and inures to the benefit of all successors in 58 interest and assigns (collectively the “Water Service Agreements”); and 59 WHEREAS, the City has furnished the Board of County Commissioners of Palm Beach 60 County a copy of the published notice of annexation by certified mail on August 20, 2025, more 61 644 Palmyra Annexation Ordinance than ten (10) days before said publication, and said action is hereby ratified and confirmed by 62 the City Commission; and 63 WHEREAS, all conditions precedent for annexation have been satisfied, including: 64 1. The Property is contiguous to the existing municipal boundaries; 65 2. The Property Owner has consented to annexation through the Water Service 66 Agreement; 67 3. All notice requirements of Section 171.044, Florida Statutes, have been satisfied; 68 4. The required public hearings were held on September 18, 2025, and October 7, 69 2025, with proper notice given; 70 5. The annexation is consistent with the City's Comprehensive Plan; and 71 WHEREAS, all other procedural and notice requirements mandated by State law and 72 the City’s Charter and Code of Ordinances have been followed and satisfied; and, 73 WHEREAS, the City has performed a business impact estimate pursuant to §166.041(4), 74 Florida Statutes, and determined that adoption of this ordinance: 75 (1) serves a public purpose by serving the public health, safety, morals, and welfare of 76 the City, 77 (2) has no direct negative economic impact on private, for-profit businesses in the city, 78 (3) will not result in direct compliance costs for businesses, 79 (4) does not impose any new charge or fee on businesses for which businesses will be 80 financially responsible, 81 (5) does not create any additional municipal regulatory cost that is not recovered 82 appropriately and lawfully by the City; and 83 WHEREAS, the City Commission finds that annexation of the Property serves the public 84 interest by promoting orderly municipal growth, extending municipal services, and 85 incorporating areas already receiving City water service into the municipal tax base; and 86 WHEREAS, the City Commission finds that the Property Owner has requested and is 87 receiving water service from the City, demonstrating the reasonableness and necessity of 88 annexation; and 89 645 Palmyra Annexation Ordinance WHEREAS, Section 171.044, Florida Statutes, authorizes municipal annexation of 90 contiguous unincorporated territory under the circumstances present herein. 91 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 92 BOYNTON BEACH, FLORIDA, THAT: 93 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 94 being true and correct and are hereby incorporated herein and made a part hereof. 95 96 Section 2. FINDINGS 97 The City Commission hereby finds and determines that: 98 A. All of the recitals set forth above are true and correct and are hereby incorporated 99 by reference. 100 B. The Property described and depicted in Exhibit A is contiguous to the existing 101 corporate limits of the City. 102 C. The Property Owner has consented to annexation through the executed Water 103 Service Agreements containing power of attorney provisions. 104 D. All statutory requirements for voluntary annexation under Section 171.044, Florida 105 Statutes, have been satisfied. 106 E. Proper notice of the public hearings was given as required by law. 107 F. The annexation will not result in the creation of an enclave of unincorporated territory. 108 G. The annexation serves the public interest and promotes orderly municipal 109 development. 110 Section 3. ANNEXATION 111 The real property described in Exhibit A attached hereto and incorporated herein by 112 reference is hereby annexed into the corporate limits of the City of Boynton Beach, Florida, and 113 shall become a part of the City for all purposes, effective upon the date this ordinance becomes 114 effective. 115 116 646 Palmyra Annexation Ordinance Section 4. BOUNDARIES 117 Upon the effective date of this ordinance, the City's corporate limits shall be extended to 118 include the Property described in Exhibit A. The City Clerk and Director of Planning and 119 Development are hereby authorized and directed to: 120 A. Prepare an amended corporate limits map showing the annexation of the Property; 121 B. File appropriate documentation with the Florida Department of Revenue pursuant to 122 Section 171.07, Florida Statutes; 123 C. Within 7 days after adoption of this Ordinance, file a certified copy of this Ordinance 124 with the Palm Beach County Administrator, Palm Beach County Supervisor of Elections, Tax 125 Collector, Property Appraiser, Department of State, Clerk of Court, and other appropriate 126 officials of the annexation; 127 D. Within 7 days after adoption of this Ordinance, record this ordinance in the public 128 records of Palm Beach County, Florida; and 129 E. Take all other actions necessary to effectuate the annexation. 130 Section 5. MUNICIPAL SERVICES 131 Upon the effective date of this ordinance: 132 A. The Property shall be entitled to receive all municipal services provided by the City to 133 similarly situated properties within the City; 134 B. The Property shall be subject to all City ordinances, regulations, and requirements 135 applicable to properties within the City; 136 C. The Property shall be subject to City ad valorem taxation beginning with the next tax 137 year following annexation; and 138 D. All City development regulations, building codes, and land use requirements shall apply 139 to the Property. 140 Section 6. POWER OF ATTORNEY AUTHORIZATION 141 The City Manager and City Clerk are hereby authorized to execute, on behalf of the 142 Property Owner, any additional documents that may be required to complete the annexation 143 process, pursuant to the power of attorney granted in the Water Service Agreements. Such 144 authority includes, but is not limited to: execution of boundary survey certifications; execution 145 647 Palmyra Annexation Ordinance of any state-required annexation forms; execution of documents required by the Florida 146 Department of Revenue; and any other documents reasonably necessary to effectuate the 147 annexation. 148 Section 7. COMPLIANCE WITH STATE LAW 149 This annexation is adopted in full compliance with Section 171.044, Florida Statutes, 150 and all other applicable state laws and constitutional requirements. The City Commission 151 hereby certifies that: proper notice was given as required by Section 171.044(2), Florida 152 Statutes; two public hearings were conducted as required by Section 171.044, Florida Statutes; 153 the Property is reasonably compact and contiguous to the City; the Property Owner has 154 consented to the annexation; and the annexation serves a municipal purpose. 155 Section 8. BUSINESS IMPACT ESTIMATE 156 Pursuant to Section 166.041(4), Florida Statutes, the City is required to prepare a 157 business impact estimate for certain proposed ordinances. This proposed ordinance voluntarily 158 annexes land into the City of Boynton Beach. The voluntary annexation of residential land into 159 the City (1) serves a public purpose by serving the public health, safety, morals, and welfare of 160 the City, (2) has no direct negative economic impact on private, for-profit businesses in the city, 161 (3) will not result in direct compliance costs by businesses, (4) does not impose any new charge 162 or fee or businesses for which businesses will be financially responsible, and (5) does not create 163 any additional municipal regulatory cost which is not recovered appropriately and lawfully by 164 the City. Thus, it is estimated that neither residents nor any businesses will incur additional 165 costs. The City does not seek to impose any additional user or regulatory fees or charges, nor 166 are any direct compliance costs expected. The Business Impact Estimate form for this ordinance 167 is on file with the City Clerk. 168 Section 9. CODIFICATION 169 That Section 6 of the Charter of the City of Boynton Beach, Florida, is hereby amended 170 to reflect the annexation of land more particularly described in Exhibit A. 171 Section 10. CONFLICTS AND SEVERABILITY 172 If any clause, section, or other part or application of this Ordinance shall be held by any 173 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 174 648 Palmyra Annexation Ordinance part or application shall be considered as eliminated and so not affect the validity of the remaining 175 portions or applications remaining in full force and effect. 176 Section 11. EFFECTIVE DATE 177 This Ordinance shall become effective immediately upon passage. 178 FIRST READING this _____ day of _________________, 2025. 179 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2025. 180 181 CITY OF BOYNTON BEACH, FLORIDA 182 YES NO 183 184 Mayor – Rebecca Shelton _____ _____ 185 186 Vice Mayor – Woodrow L. Hay _____ _____ 187 188 Commissioner – Angela Cruz _____ _____ 189 190 Commissioner – Thomas Turkin _____ _____ 191 192 Commissioner – Aimee Kelley _____ _____ 193 194 VOTE ______ 195 196 197 198 ATTEST: 199 200 _____________________________ ______________________________ 201 Maylee De Jesús, MPA, MMC Rebecca Shelton 202 City Clerk Mayor 203 204 APPROVED AS TO FORM: 205 (Corporate Seal) 206 207 _______________________________ 208 Shawna G. Lamb 209 City Attorney 210 211 649 Palmyra Annexation Ordinance EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF PROPERTY PALMYRA ANNEXATION Legal Description Beginning at the intersection of the West Right-of-Way Line of Lawrence Road (per Order of Taking, recorded in Official Records Book 11768, Page 634 and Official Records Book 11788, Page 934, Palm Beach County Records, Florida) with the South Line of Lake Worth Drainage District L-18 Canal Right-of-Way (per Deed Book 118, Page 518 and Deed Book 899, Page 496, Palm Beach County Records, Florida); thence S.02̊ 02’58”W., along the West Right-of-Way Line of said Lawrence Road, a distance of 212.67 feet; thence S.89̊ 39’35”W., a distance of 303.43 feet; thence S.02̊ 22’12”W., a distance of 284.32 feet; thence N.89̊ 39’35”E., a distance of 305.03 feet; thence S.02̊ 02’58”W., along the West Right-of-Way Line of said Lawrence Road, a distance of 800.29 feet; thence S.89̊ 38’36”W., along the South Line of said Tracts 8 and 2, a distance of 986.24 feet; thence N.03̊ 01’08”E., along the East Plat Boundary Line of “Homes at Lawrence Plat No. 1”, as recorded in Plat Book 49, Pages 183 through 185, Palm Beach County Records, a distance of 1298.88 feet; thence N.89̊ 40’36”E., along the South Line of said Lake Worth Drainage District L-18 Canal Right-of-Way, a distance of 964.23 feet to the Point of Beginning. Said Lands contain 27.04 Acres, more or less Together with: The North 132 feet of South 264 feet of the East half of Lot 1, in subdivision of the Northeast Quarter of Section 17, Township 45 South, Range 42 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Recorded in Plat Book 9, Page 74. Said Land contain 0.93 Acres, more or less 650 Palmyra Annexation Ordinance 651 Palmyra Annexation Ordinance 652 Palmyra Annexation Ordinance EXHIBIT B PROPERTY OWNERS 653 Palmyra Annexation Ordinance 654 Palmyra Annexation Ordinance 655 Palmyra Annexation Ordinance 656 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Gabe Sevigny, Principal Planner DATE: September 2, 2025 PROJECT: Palmyra Annexation 2025.07.4989 REQUEST: Approve Palmyra Annexation request for Annexation of 27.97 acres, Future Land Use Map Amendment from Palm Beach County’s Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) to Low Density Residential (LDR), and Rezoning from Palm Beach County’s Planned Unit Development (PUD) to Planned Unit Development (UD) consisting of approximately 27.04 acres, and a Future Land Use Map Amendment from Palm Beach County’s Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) to Low Density Residential (LDR) and Rezoning from Palm Beach County’s Agriculture Residential (AR) to Single-Family Residential District (R-1-AAB) consisting of approximately 0.93 acres, site is located southwest of the intersection of Hypoluxo Road and Lawrence Road. PROJECT DESCRIPTION Property Owner: See Attached Applicant: City of Boynton Beach Address: 7180 Old Orchard Way, reference point Location: The southwest corner of the intersection of Hypoluxo Road and Lawrence Road. Existing Land Use: Palm Beach County Residential Medium Residential, 5 Units Per 657 Page 2 Palmyra Annexation 2025.07.4989 2 Acre (MR-5) Proposed Land Use: Low Density Residential (LDR) Existing Zoning: Palm Beach County Planned Unit Development (PUD) and Agriculture Residential District (AR) Proposed Zoning: Planned Unit Development (PUD); Single-Family Residential District (R-1-AAB) Proposed Use: No changes in use proposed. Acreage: 27.97 acres Adjacent Uses: North: Palm Beach County’s Residential Planned Unit Development (PUD) South: Palm Beach County’s Single Family Residential District (RS) and Planned Unit Development (PUD) East: Lawrence Road, and then Community Commercial District (C3), Single-Family Residential (R-1-A), and Planned Unit Development (PUD) West: Single Family Residential District (RS) BACKGROUND The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the east, and southern boundaries. All properties within the requested annexation are served by the City of Boynton Beach in regards to water and wastewater. In order for a property to be served by the City of Boynton Beach, a property owner is required to enter into an agreement with the City. This agreement, titled “Summary of Agreement for Water and Wastewater Service Outside the City Limits, Covenant for Annexation, and Irrevocable Special Power of Attorney” (refer to the attached ‘Agreements’), grants the City the authority to initiate voluntary annexation on behalf of the property owner at a time deemed appropriate by the City. This mechanism allows the City to extend municipal services and facilitate development on properties located outside of its corporate boundaries—even in cases where contiguity does not yet exist. Once sufficient contiguity is established, the City may exercise the Special Power of Attorney to annex multiple properties collectively. This coordinated annexation approach streamlines the process, reduces administrative and 658 Page 3 Palmyra Annexation 2025.07.4989 3 infrastructure costs, and provides a more efficient path for property development— whether at a small or large scale. The subject site currently holds a Palm Beach County Future Land Use designation of MR-5 (Medium Residential, 5 units per acre) and is zoned Palm Beach County PUD (Planned Unit Development) and AR (Agricultural Residential). These designations permit residential development at a density of up to five dwelling units per acre. Additionally, properties zoned AR may allow for certain agricultural uses. A concurrent City-initiated Code Amendment is under consideration that, if approved, would allow specific agricultural uses within the City’s R-1-AAB zoning district, provided the property meets a minimum lot size of 0.75 acres (refer to the attached ‘Existing FLUM,’ ‘Existing Zone,’ ‘Future FLUM,’ and ‘Future Zone’ exhibits). The application submitted is for voluntary annexation into the City of Boynton Beach, accompanied by a request to amend the Future Land Use classification to LDR (Low Density Residential) and the zoning designation to PUD and R-1-AAB, respectively. These proposed City designations would preserve the existing uses on the site and may accommodate certain accessory agricultural uses that are currently permitted under the County’s AR zoning. There is no anticipated change in use for the proposed annexation. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. The remaining parcel is a dedicated drainage easement and not subject to future development. By State Statute it would not be defined as an enclave. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on July 29, 2025 staff sent a notification of the proposed annexation to the Palm Beach County Administrator and Planning Director, and a formal notification of the Public Hearing was sent August 20, 2025 via certified Mail. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan, and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. The final adoption by the City Commission is planned for January 2022. 659 Page 4 Palmyra Annexation 2025.07.4989 4 REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, which would not be appropriate once the property is annexed into the City. Furthermore, the location has existing uses and structures and is developed. The proposed FLU classifications and proposed zoning allow for existing uses to be in compliance. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.1.1 The City shall issue development orders or permits only if infrastructure for potable water, sanitary sewer, solid waste and stormwater drainage exist, is provided for in accord with the requirements of this Comprehensive Plan, or will exist concurrent with the impacts of the development, and is sufficient to maintain or exceed adopted levels of service. Policy 1.1.6 The City shall ensure that all proposed land use changes submitted to the Department of Economic Opportunity will include data and analysis demonstrating that adequate water supplies and associated public facilities are available to meet projected growth demands. If necessary, an amendment to the Capital Improvements Element will also be included. Policy 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. 660 Page 5 Palmyra Annexation 2025.07.4989 5 Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city- initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The area is currently developed with a land use pattern established for commercial along Federal Highway and mixture of residential moving east to the Intracoastal Waterway. Both the zone changes and FLUM do not change any land use patterns for the area. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLU and zoning designations will compliment the existing uses of the area as the area is already developed. By annexing properties that are served by the City of Boynton Beach for water and wastewater, this allows for a more conservative method for future water usage. The zone change and FLUM are required to applied at time of annexation. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The area is already developed and being served by the City of Boynton Beach. See attached for department estimates of expenditures to the City if approved for annexation, zone change, and FLUM. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby 661 Page 6 Palmyra Annexation 2025.07.4989 6 properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The area in question is already developed and is consistent with surrounding development for commercial and residential development. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. See attached for department estimates for expenditures of impact on City services for an annexation, zone change, and FLUM associated with this proposal. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposal is for an area that is already developed as commercial and residential. No changes are anticipated at this time. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. 662 Page 7 Palmyra Annexation 2025.07.4989 7 As the site is already developed, it would not be feasible to move to another site, therefore this criterion does not apply. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. Section 2.D.1.e states that “A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district.” The proposed zoning district is a conventional zoning district, therefore this criterion does not apply. RECOMMENDATION Staff has reviewed the proposed Annexation and Future Land Use & Zoning Map amendments against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3 and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 42ndTerSGlenwoodDrSpiderLilyLnColony Club Dr IvyCrossingLnH y p o l u x o R d H y p o l u x o R d W i l l o w S p r i n g s C i r N GlenwoodDrWillowSpringsCirWPalmdaleDrWillowSpringsCirW o o d h i l l P l C o l o n y C l u b D r C o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchar d W ay H y p o l u x o R d H y p o l u x o R d LawrenceRdLawrenceRdN a u t i c a S o u n d B l v dNauticaSoundBlvd GroveParkCirA s p e n L e a f D r LawrenceRdChesapeakeCirChesapeakeCirDALHGREN P.U.D. (AKA Palmyra)DALHGREN P.U.D. (AKA Palmyra) SITE Contiguity MapContiguity Map ¹0 140 280 420 56070 Feet Legend Contiguity Site Location - Dahlgren PUD Current City's Boundary Boynton Beach 682 809 809AthenaDr AdonisDrP o s e i d o n P l 71s t C t S C r o s s T r lHendryDrBlueSkiesDrLanternKeyDrHypoluxoRd SMilitaryTrl809 D o l p h i n D r C a n a l D r HilltopDrPalmW a y EsteroDrEsteroDr1stTer2ndTerSte ll a L n SMilitaryTrlJ o h n s o n L i f e C e n t e r T o m a n d M a r y A n n P e t e r s S t u d e n t C e n te r C T h e R e e f GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorFores tB l v d ManorForestBlvdN a u t i c a S o u n d B l v d S p r i n gf ie l d B l v d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e wp o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdLawrenceRdRippleCreekGatorCreekMinnowCanalN a v i g a t o r C r e e k PirateCreekI n d i a n T r l N a u t i c a l W a yPalominoDr A r t e s i a n D r M a r i n e r W a y W i n d w a r d L nAmberjackRd S a p p h i r e R d S t a r b o a r d D r P l a z a P l S e a g r a p e R d T r o p i c a l T r l G o n d o l i e r W a yRiggersRdRiparianRd S trat ton Ln C h e s a p e a k e C i r H y p o l u x o R d Sa nta luc e s Co m m un ity High S c hl -A dul t E d S p ringfieldBlvdMeadow sB lv d HeatherCoveDrSwallowDrRutlandLnMapleLnH uds on Ln N e wportAveW e l l e s l e yL n DALHGREN P.U.D. (AKA Palmyra)DALHGREN P.U.D. (AKA Palmyra) SITE Location MapLocation Map ¹0 360 720 1,080 1,440180 Feet Legend Site Location - Dahlgren PUD Current City's Boundary Boynton Beach 683 Project Statement The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the west, and south boundaries . All properties within the requested annexation are served by the City of Boynton Beach in regards to water and wastewater. The area currently has a Palm Beach County future land use designation of MR-5 and is zoned Palm Beach County PUD and AR, which residential within the Palmyra development, ancillary uses to the residential development, and certain agricultural uses in one stand alone parcel. The application submitted is an application to voluntarily annex the property into the City of Boynton Beach and change the future land use to Low Density Residential (LDR) and zoning to Planned Unit Development (PUD) and Single-Family Residential District (R-1-AAB), respectively, which would permit the existing uses at this location. There will be no change in use for the proposed annexation. Review of the proposed annexation application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. The remaining parcel is a dedicated drainage easement and not subject to future development. By State Statute it would not be defined as an enclave. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan, and is not located within an area of critical state concern, the proposed Future L and Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing 684 conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, wh ich would not be appropriate once the property is annexed into the City. Furthermore, the location has existing uses and structures and is developed. The proposed FLU classifications and proposed zoning allow for existing uses to be in compliance. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.1.1 The City shall issue development orders or permits only if infrastructure for potable water, sanitary sewer, solid waste and stormwater drainage exist, is provided for in accord with the requirements of this Comprehensive Plan, or will exist concurrent with the impacts of the development, and is sufficient to maintain or exceed adopted levels of service. Policy 1.1.6 The City shall ensure that all proposed land use changes submitted to the Department of Economic Opportunity will include data and analysis demonstrating that adequate water supplies and associated public facilities are available to meet projected growth demands. If necessary, an amendment to the Capital Improvements Element will also be included. Policy 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. 685 Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city - initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The area is currently developed with a land use pattern established for residential uses along with community amenities. Both the zone changes and FLUM do not change any land use patterns for the area. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity with in the project and between adjacent properties. The proposed FLU and zoning designations will compliment the existing uses of the area as the area is already developed. By annexing properties that are served by the City of Boynton Beach for water and wastewater, this allows for a more conservative method for future water usage. The zone change and FLUM are required to applied at time of annexation. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. The area is already developed and being served by the City of Boynton Beach. See attached for department estimates of expenditures to the City if approved for annexation, zone change, and FLUM. 686 f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The area in question is already developed and is consistent with surrounding development for commercial and residential development. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. See attached for department estimates for expenditures of impact on City services for an annexation, zone change, and FLUM associated with this proposal. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: 687 (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposal is for an area that is already developed as residential. No changes are anticipated at this time. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. As the site is already developed, it would not be feasible to move to another site, therefore this criterion does not apply. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. Section 2.D.1.e states that “A master plan shall be required when a privately -initiated application is made to rezone lands to a planned zoning district.” While a portion of the site is being zoned PUD, an application may submit a PUD Master Plan within 6 months of an approved annexation. If the application is approved, staff will bring forth a PUD Master Plan that has already been approved within the County assuring that all City standards and requirements are met. 688 Exhibit A Legal Description Beginning at the intersection of the West Right-of-Way Line of Lawrence Road (per Order of Taking, recorded in OƯicial Records Book 11768, Page 634 and OƯicial Records Book 11788, Page 934, Palm Beach County Records, Florida) with the South Line of Lake Worth Drainage District L-18 Canal Right-of-Way (per Deed Book 118, Page 518 and Deed Book 899, Page 496, Palm Beach County Records, Florida); thence S.02̊ 02’58”W., along the West Right-of-Way Line of said Lawrence Road, a distance of 212.67 feet; thence S.89̊ 39’35”W., a distance of 303.43 feet; thence S.02̊ 22’12”W., a distance of 284.32 feet; thence N.89̊ 39’35”E., a distance of 305.03 feet; thence S.02̊ 02’58”W., along the West Right-of-Way Line of said Lawrence Road, a distance of 800.29 feet; thence S.89̊ 38’36”W., along the South Line of said Tracts 8 and 2, a distance of 986.24 feet; thence N.03̊ 01’08”E., along the East Plat Boundary Line of “Homes at Lawrence Plat No. 1”, as recorded in Plat Book 49, Pages 183 through 185, Palm Beach County Records, a distance of 1298.88 feet; thence N.89̊ 40’36”E., along the South Line of said Lake Worth Drainage District L-18 Canal Right-of-Way, a distance of 964.23 feet to the Point of Beginning. Said Lands contain 27.04 Acres, more or less Together with: The North 132 feet of South 264 feet of the East half of Lot 1, in subdivision of the Northeast Quarter of Section 17, Township 45 South, Range 42 East, according to the Plat thereof on file in the OƯice of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Recorded in Plat Book 9, Page 74. Said Land contain 0.93 Acres, more or less 689 Not a Part690 809 809AthenaDr AdonisDrP o s e i d o n P l 71 s t C t S C r o s s T r l Hy po lux o R d SMilitaryTrl809 DolphinD r CanalD r SMilitaryTrlJ o h n s o n L i f e C e n t e r To m a n d M a r y A n n P e t e r s S tu d e n t C e n te r C A Th e R e e f M a i n S a n c t u a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorForestB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S p r i ng f ie ld B lv d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e w p o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y S tratton Ln C h e s a p e a k e C i r H y p o l u x o R d S a nta lu c es C om mun ity H ig h Sc hl-A du lt E d S p ringfieldBlvdMeadow sB lv d RutlandLnMapleLnH u ds on Ln N e wportAveEXISTING FLU: MR-5 Existing Future Land Use Map (MR-5)Existing Future Land Use Map (MR-5) ¹0 300 600 900 1,200150 Feet Legend Site Location Current City's Boundary Layer PBC Future Land Use COMMERCIAL HIGH, WITH AN UNDERLYING MR-5 COMMERCIAL LOW COMMERCIAL LOW, WITH AN UNDERLYING LR-3 COMMERCIAL LOW, WITH AN UNDERLYING MR-5 HIGH RESIDENTIAL, 8 UNITS PER ACRE INSTITUTIONAL LOW RESIDENTIAL, 3 UNITS PER ACRE MEDIUM RESIDENTIAL, 5 UNITS PER ACRE PARK Boynton Beach 691 809 809AthenaDr AdonisDrP o s e i d o n P l 71 s t C t S C r o s s T r l Hy po lux o R d SMilitaryTrl809 DolphinD r CanalD r SMilitaryTrlJ o h n s o n L i f e C e n t e r To m a n d M a r y A n n P e t e r s S tu d e n t C e n te r C A Th e R e e f M a i n S a n c t u a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorForestB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S p r i ng f ie ld B lv d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e w p o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y S tratton Ln C h e s a p e a k e C i r H y p o l u x o R d S a nta lu c es C om mun ity H ig h Sc hl-A du lt E d S p ringfieldBlvdMeadow sB lv d RutlandLnMapleLnH u ds on Ln N e wportAveEXISTING FLU: MR-5 Existing Future Land Use Map (MR-5)Existing Future Land Use Map (MR-5) ¹0 300 600 900 1,200150 Feet Legend Site Location Current City's Boundary PBC Future Land Use COMMERCIAL HIGH, WITH AN UNDERLYING MR-5 COMMERCIAL LOW COMMERCIAL LOW, WITH AN UNDERLYING LR-3 COMMERCIAL LOW, WITH AN UNDERLYING MR-5 HIGH RESIDENTIAL, 8 UNITS PER ACRE INSTITUTIONAL LOW RESIDENTIAL, 3 UNITS PER ACRE MEDIUM RESIDENTIAL, 5 UNITS PER ACRE PARK Boynton Beach 692 809 809AthenaDr AdonisDrP o s e i d o n P l 71s t C t S C r o s s T r l Hy po l ux o R d SMilitaryTrl809 DolphinD r CanalD r SMilitaryTrlJ o h n s o n L i f e C e n te r T o m a n d M a r y A n n P e te r s S t u d e n t C e n t e r C A T h e R e e f M a i n S a n c tu a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorForestB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S pr in gf i e l d B l v d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e wp o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y Strat t on Ln C h e s a p e a k e C i r H y p o l u x o R d S an tal uc e s Co m m u ni ty Hi gh S c h l-A d ul t E d S p ringfieldBlvdMeadow sB lv d RutlandLnMapleLnH uds on Ln N ewportAvePROPOSED FLU: LDR Future Land Use Map (LDR)Future Land Use Map (LDR) ¹0 300 600 900 1,200150 Feet Legend Site Location Current City's Boundary Site Location - Dahlgren PUD Future Land Use LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) Boynton Beach 693 809 809AthenaDr AdonisDrP o s e i d o n P l 71s t C t S C r o s s T r l Hy po l ux o R d SMilitaryTrl809 DolphinD r CanalD r SMilitaryTrlJ o h n s o n L i f e C e n te r T o m a n d M a r y A n n P e te r s S t u d e n t C e n t e r C A T h e R e e f M a i n S a n c tu a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorForestB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S pr in gf i e l d B l v d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e wp o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y Strat t on Ln C h e s a p e a k e C i r H y p o l u x o R d S an tal uc e s Co m m u ni ty Hi gh S c h l-A d ul t E d S p ringfieldBlvdMeadow sB lv d RutlandLnMapleLnH uds on Ln N ewportAvePROPOSED FLU: LDR Future Land Use Map (LDR)Future Land Use Map (LDR) ¹0 300 600 900 1,200150 Feet Legend Current City's Boundary Site Location - Dahlgren PUD Future Land Use LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) Boynton Beach 694 809 809AthenaDr AdonisDrP o s e i d o n P l 71 s t C t S C r o s s T r l Hy po lux o R d SMilitaryTrl809 DolphinD r CanalD r SMilitaryTrlJ o h n s o n L i f e C e n t e r To m a n d M a r y A n n P e t e r s S tu d e n t C e n te r C A Th e R e e f M a i n S a n c t u a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorForestB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S p r i ng f ie ld B lv d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e w p o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y S tratton Ln C h e s a p e a k e C i r H y p o l u x o R d S a nta lu c es C om mun ity H ig h Sc hl-A du lt E d S p ringfieldBlvdMeadow sB lv d RutlandLnMapleLnH u ds on Ln N e wportAveEXISTING ZONING: PUD (City) Existing Zoning Map (PUD - City)Existing Zoning Map (PUD - City) ¹0 300 600 900 1,200150 Feet Legend Site Location Current City's Boundary PBC Zoning FNAME AGRICULTURAL RESIDENTIAL DISTRICT COMMUNITY COMMERCIAL DISTRICT GENERAL COMMERCIAL DISTRICT MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) DISTRICT MULTIPLE USE PLANNED DEVELOPMENT DISTRICT PUBLIC OWNERSHIP DISTRICT RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT RESIDENTIAL TRANSITIONAL SUBURBAN DISTRICT SINGLE FAMILY RESIDENTIAL DISTRICT Boynton Beach 695 809 809AthenaDr AdonisDrP o s e i d o n P l 71 s t C t S C r o s s T r l Hy po lux o R d SMilitaryTrl809 DolphinD r CanalD r SMilitaryTrlJ o h n s o n L i f e C e n t e r To m a n d M a r y A n n P e t e r s S tu d e n t C e n te r C A Th e R e e f M a i n S a n c t u a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorForestB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S p r i ng f ie ld B lv d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e w p o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y S tratton Ln C h e s a p e a k e C i r H y p o l u x o R d S a nta lu c es C om mun ity H ig h Sc hl-A du lt E d S p ringfieldBlvdMeadow sB lv d RutlandLnMapleLnH u ds on Ln N e wportAveEXISTING ZONING: Agricultural Existing Zoning Map (Agricultural)Existing Zoning Map (Agricultural) ¹0 300 600 900 1,200150 Feet Legend Site Location Current City's Boundary PBC Zoning FNAME AGRICULTURAL RESIDENTIAL DISTRICT COMMUNITY COMMERCIAL DISTRICT GENERAL COMMERCIAL DISTRICT MULTI-FAMILY RESIDENTIAL (MEDIUM DENSITY) DISTRICT MULTIPLE USE PLANNED DEVELOPMENT DISTRICT PUBLIC OWNERSHIP DISTRICT RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT RESIDENTIAL TRANSITIONAL SUBURBAN DISTRICT SINGLE FAMILY RESIDENTIAL DISTRICT Boynton Beach 696 809 809AthenaDr AdonisDrP o s e i d o n P l 71s t C t S C r o s s T r l Hyp olu x o R d SMilitaryTrl809 DolphinDr CanalDr SMilitaryTrlJ o h n s o n L i f e C e n te r T o m a n d M a r y A n n P e t e r s S t u d e n t C e n t e r C A T h e R e e f M a i n S a n c tu a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorFores tB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S pr in gf ie l d B l v d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e w p o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y St rat t on Ln C h e s a p e a k e C i r H y p o l u x o R d S a nta lu c es C om m unity H ig h S c hl -A dult E d S p ringfieldBlvdMeadow sB lv d HeatherCoveDrRutlandLnMapleLnH u ds on Ln N ewportAvePROPOSED ZONING: PUD Zoning Map (PUD)Zoning Map (PUD) ¹0 300 600 900 1,200150 Feet Legend Site Location Current City's Boundary Zoning Classification C3 Community Commercial PUD Planned Unit Development R1 Single Family, 7.5 du/ac R1A Single Family, 6 du/ac R1AAB Boynton Beach 697 Exhibit A Legal Description Beginning at the intersection of the West Right-of-Way Line of Lawrence Road (per Order of Taking, recorded in OƯicial Records Book 11768, Page 634 and OƯicial Records Book 11788, Page 934, Palm Beach County Records, Florida) with the South Line of Lake Worth Drainage District L-18 Canal Right-of-Way (per Deed Book 118, Page 518 and Deed Book 899, Page 496, Palm Beach County Records, Florida); thence S.02̊ 02’58”W., along the West Right-of-Way Line of said Lawrence Road, a distance of 212.67 feet; thence S.89̊ 39’35”W., a distance of 303.43 feet; thence S.02̊ 22’12”W., a distance of 284.32 feet; thence N.89̊ 39’35”E., a distance of 305.03 feet; thence S.02̊ 02’58”W., along the West Right-of-Way Line of said Lawrence Road, a distance of 800.29 feet; thence S.89̊ 38’36”W., along the South Line of said Tracts 8 and 2, a distance of 986.24 feet; thence N.03̊ 01’08”E., along the East Plat Boundary Line of “Homes at Lawrence Plat No. 1”, as recorded in Plat Book 49, Pages 183 through 185, Palm Beach County Records, a distance of 1298.88 feet; thence N.89̊ 40’36”E., along the South Line of said Lake Worth Drainage District L-18 Canal Right-of-Way, a distance of 964.23 feet to the Point of Beginning. Said Lands contain 27.04 Acres, more or less Together with: The North 132 feet of South 264 feet of the East half of Lot 1, in subdivision of the Northeast Quarter of Section 17, Township 45 South, Range 42 East, according to the Plat thereof on file in the OƯice of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Recorded in Plat Book 9, Page 74. Said Land contain 0.93 Acres, more or less 698 809 809AthenaDr AdonisDrP o s e i d o n P l 71 s t C t S C r o s s T r l Hypolu x o R d SMilitaryTrl809 DolphinDr CanalDr SMilitaryTrlJ o h n s o n L i f e C e n t e r T o m a n d M a r y A n n P e t e r s S t u d e n t C e n t e r C A T h e R e e f M a i n S a n c t u a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 st L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorFores tB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S pr in gf ie l d B l v d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e w p o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y S tratt on Ln C h e s a p e a k e C i r H y p o l u x o R d S antaluces Com munity Hi gh Schl-Adu lt E d S p ringfieldBlvdMeadow sB lv d HeatherCoveDrRutlandLnMapleLnH u ds on Ln N ewportAvePROPOSED ZONING: R1AAB Zoning Map (R1AAB)Zoning Map (R1AAB) ¹0 300 600 900 1,200150 Feet Legend Site Location Current City's Boundary Zoning Classification C3 Community Commercial PUD Planned Unit Development R1 Single Family, 7.5 du/ac R1A Single Family, 6 du/ac R1AAB Boynton Beach 699 Exhibit A Legal Description The North 132 feet of South 264 feet of the East half of Lot 1, in subdivision of the Northeast Quarter of Section 17, Township 45 South, Range 42 East, according to the Plat thereof on file in the OƯice of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Recorded in Plat Book 9, Page 74. Said Land contain 0.93 Acres, more or less 700 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 1 See Section 166.041(4)(c), Florida Statutes. ORDINANCE NO. 25-020 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, VOLUNTARILY ANNEXING APPROXIMATELY 27.97 ACRES OF UNINCORPORATED TERRITORY INTO THE CORPORATE LIMITS OF THE CITY PURSUANT TO SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE ANNEXATION OF THE PROPERTY DESCRIBED HEREIN; PROVIDING PUBLICATION OF NOTICE OF THE PROPOSED ANNEXATION; DIRECTING THE CITY CLERK TO RECORD THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY, AND WITH THE DEPARTMENT OF STATE; PROVIDING A BUSINESS IMPACT ESTIMATE; PROVIDING FOR CODIFICATION; CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. 701 Page 2 of 3 ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): This proposed ordinance will provide City services for the applicant and will expand the City boundaries, thus serving the public health safety, morals and welfare. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: Annexation does not lessen or remove any private resident or commercial business. Thus, it is estimated that neither residents nor any businesses will incur additional costs. The city does not seek to impose any additional user or regulatory fees or charges, nor are any direct compliance costs expected. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: Annexation does not lessen or remove any private resident or commercial business. Thus, it is estimated that neither residents nor any businesses will incur additional costs. The city does not seek to impose any additional user or regulat ory fees or charges, nor are any direct compliance costs expected. (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 702 Page 3 of 3 Annexation does not lessen or remove any private resident or comm ercial business. Thus, it is estimated that neither residents nor any businesses will incur additional costs. The city does not seek to impose any additional user or regulatory fees or charges, nor are any direct compliance costs expected. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Zero (0) 4. Additional information the governing body deems useful (if any): City staff solicited comments from businesses and residents in the City as to the potential impact of the proposed ordinance by direct mail or direct email, posting on City’s website, etc. The proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect residents or businesses. 703 Page 1 of 4 Palmyra Annexation Palmyra Annexation Annexation Feasibility Analysis Original: February 10, 2025 Updated: August 13, 2025 704 Page 2 of 4 Palmyra Annexation Planning & Development Department Acreage: 27.97 2023 Population Estimate: 261 Number of Parcels: 127 Number of Units: 119 Taxable Value: $32,842,130 Median Household Income: $103,708 Per Capita Income: $46,360 Owner/Renter Statistics: Owner: 102 Renter: 17 Median Age of Structure: 20 years Approx. number of jobs within Subarea: 0 Linear Lane-Miles of County Roads: Local: 0.79 Collector: 0 Arterial: 0 Total: 0.79 705 Page 3 of 4 Palmyra Annexation Inventory of Public Service Facilities Below is a summary of the feasibility analysis performed by each department, including the estimated costs (operational and capital) and revenue. The calculations are provided in an annual basis, except otherwise noted. For additional clarity, the bottom line (deficit or surplus) and Level of Service (LOS) have been denoted as follows: ❌ - Department deficit ✔️ - Department surplus or meets/exceeds LOS 1) Planning and Development: ✔️  The Planning and Development Department would be able to maintain the current LOS without additional resources.  No additional staff will be needed to handle planning applications.  Review of the zoning code reveals that the recommended zoning designations are of PUD and R-1-AAB to accommodate existing and futures uses that are compatible with current zoning of Palm Beach County. There is a change to the City of Boynton Beach’s Land Use Regulations to allow Agriculture as an accessory use in certain situations in the R-1-AAB zoning district.  Plans and regulations, including the Comprehensive Plan and Zoning Map, will need more in-depth updates to accommodate the annexation.  Existing nonconformities can be addressed through various mechanisms, with minimal impact expected. 2) Business Tax Receipt (BTR): ✔️  The Business Tax Receipt Division would not require additional resources in order to maintain the current LOS. 3) Community Standards: ✔️  The Community Standards Division is able to maintain the current LOS without additional resources. 4) Building: ✔️  The Building Division would be able to provide the same LOS without additional resources. 5) Fire: ✔️  The Fire Department would be able to maintain the current LOS with existing resources.  Station 3 is primary response for the Palmyra Annexation. Fire is already in the process of updating addresses with the Fire Box system and will be ready to start providing responses as soon as approval date is granted. 6) Police: ✔️  The Police Department would need additional resources in order to maintain the current LOS.  Officer serving zone 7 would assume additional area, consisting of 119 homes.  No additional police facilities will be needed in order to provide police services to the subarea. 7) Public Works: ✔️ The Public Works Department provides a range of essential services, including Engineering (permitting and inspections), solid waste, and maintenance of streets, sidewalk and parks. Below is a summary of the Department’s key findings. 1. Engineering/ Construction Services: ✔️  There may be associated costs related to the road resurfacing program to routinely maintain, renew and resurface roads, which will be budgeted as needed per City policies. 2. Solid Waste: ✔️  The Solid Waste Division would not need additional resources to service the annexation area and maintain the current LOS.  The services for the residential properties can be absorbed with existing equipment and staff.  can be adequately provided by the division, adjustments to the current service contracts will be necessary to accommodate the annexation of this area. 706 Page 4 of 4 Palmyra Annexation 3. Parks & Grounds Maintenance: ✔️  While municipal services can be adequately provided by the division, adjustments to the current service contracts will be necessary to accommodate the annexation of this area. 8) Utilities: ✔️  The annexation will not trigger additional operational or capital costs related to water distribution and sanitary sewer services.  Existing customers in the subject area will no longer be subject to the unincorporated surcharge  The area currently receives water and sewer services from the City of Boynton Beach Utilities Department. This confirms that the necessary infrastructure is already in place to continue to support the developed area. Also, the existing water and sewer infrastructure serving the area is deemed adequate for its current development density and usage.  The City of Boynton Beach Utilities currently owns and maintains the water and sewer mains within the service area and will continue to do so after annexation. This confirms that there will be no change in operational responsibilities. 9) Parks & Recreation: ✔️  The City’s Comprehensive Plan, Policy 5.3.1 states that the City shall adopt and maintain a level of service of 2.5 acres of developed parkland per 1,000 residents, which excludes undeveloped parkland, private golf courses, conservation land, preservation land, and bodies of water.  The city’s current level of service is 7.22 acres per 1000 residents.  The annexation of the Palmyra Annexation would add an additional 261 people to the city and would result in a level of service of 7.20, which also exceeds the adopted level of service.  Factoring planned city parks and other agency developed parks would increase the level of service to 9.22 acres per 1000 residents. 707 City of Boynton Beach Agenda Item Request Form 8.H Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-028- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for an approximately 27.04 acre parcel of real property by changing the future land use classification from Palm Beach County's Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) to City of Boynton Beach's Low Density Residential (LDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-028, at second reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the east and southern boundaries. The site currently has a Palm Beach County Future Land Use designation of Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) and is zoned Planned Unit Development (PUD). The application submitted is an application to voluntarily annex the property into the City of Boynton Beach and change the Future Land Use Map to Low Density Residential (LDR), which would permit the existing uses at this location. There will be no change in use for the proposed application. How will this affect city programs or services? See Palmyra Annexation for full analysis. Account Line Item and Description: N/A Fiscal Impact: See Palmyra Annexation for full analysis. Attachments: Ord. 25-028 Palmyra_Annexation_-_Future_Land_Use_Map_Amendment_Ordinance.docx Attachment 1 - Existing FLUM_PUD Attachment 2 - Proposed FLUM_PUD Attachment 3 - Exhibit A - Legal Description Business-impact-estimate_Agenda Item 3499-2025.docx 708 08.08.25 (IG) Page 1 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-028 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY 4 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, FOR AN APPROXIMATELY 27.04 ACRE PARCEL OF 6 REAL PROPERTY BY CHANGING THE FUTURE LAND USE 7 CLASSIFICATION FROM PALM BEACH COUNTY’S MEDIUM 8 RESIDENTIAL WITH A MAXIMUM DENSITY OF 5.0 DWELLING UNITS 9 PER ACRE (MR-5) TO CITY OF BOYNTON BEACH’S LOW DENSITY 10 RESIDENTIAL (LDR); DECLARING THE PROPOSED AMENDMENT TO 11 THE FUTURE LAND USE MAP TO BE CONSISTENT WITH ALL OTHER 12 ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING 13 FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE 14 DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 17 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 18 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 19 and 20 WHEREAS, the existing area is located in unincorporated Palm Beach County that has 21 contiguity with the City of Boynton Beach on the east and southern boundaries (the “Property”), 22 more particularly described in Exhibit “A”; and 23 WHEREAS, the permitted uses within the Future Land Use Map category are compatible 24 with the surrounding and existing land uses; and 25 709 08.08.25 (IG) Page 2 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the Property owner has also applied to rezone the property from Palm Beach 26 County’s Planned Unit Development (PUD) to City of Boynton Beach’s Planned Unit Development 27 (PUD); and 28 WHEREAS, the procedure for amendment of a Future Land Use Element of a 29 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 30 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 31 Local Planning Agency and City Commission, finds that the Future Land Use Map amendment is 32 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 33 Statutes; and 34 WHEREAS, a published legal notice of this Ordinance has been provided pursuant to the 35 requirements of section 166.041, Florida Statutes, and the City’s Land Development Regulations; 36 and 37 WHEREAS, after careful review of the application, staff has determined that the proposed 38 amendment complies with the City’s Comprehensive Plan and is consistent with section 163.3184, 39 Florida Statutes; and 40 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 41 which contains data and analysis supporting the Future Land Use Map amendment; and 42 WHEREAS, the City Commission finds that the proposed Future Land Use Map 43 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations 44 710 08.08.25 (IG) Page 3 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. and finds it in the best interest of the public to amend the Future Land Use Element of the 45 Comprehensive Plan as hereinafter provided. 46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 47 BOYNTON BEACH, FLORIDA: 48 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 49 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 50 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to 51 reflect the following: The City’s Future Land Use Map is hereby amended from Palm Beach 52 County’s Future Land Use Designation of Medium Residential with a maximum density of 5.0 53 dwelling units per acre (MR-5) to City of Boynton Beach’s Future Land Use Designation of Low 54 Density Residential (LDR) for a ± 27.04 acre parcel, as depicted in Exhibit “B.” 55 Section 3: Amendment to Future Land Use Map. The Director of Planning and 56 Zoning is further authorized to make the necessary changes as required to the Future Land Use 57 Map to reflect the above-stated change. 58 Section 4: Authorization to Transmit. The City Manager or designee is hereby 59 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 60 provisions of the Community Planning Act, if required. 61 Section 5: Severability. The provisions of this Ordinance are declared to be 62 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 63 711 08.08.25 (IG) Page 4 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 64 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 65 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 66 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 67 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 68 Section 7: Effective Date. This Ordinance shall take effect immediately upon 69 adoption. 70 71 72 73 [SIGNATURES ON THE FOLLOWING PAGE] 74 712 08.08.25 (IG) Page 5 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 75 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 76 CITY OF BOYNTON BEACH, FLORIDA 77 YES NO 78 79 Mayor – Rebecca Shelton _____ _____ 80 81 Vice Mayor – Woodrow L. Hay _____ _____ 82 83 Commissioner – Aimee Kelley _____ _____ 84 85 Commissioner – Angela Cruz _____ _____ 86 87 Commissioner – Thomas Turkin _____ _____ 88 89 VOTE ______ 90 ATTEST: 91 92 _____________________________ 93 Maylee DeJesús, MMC Rebecca Shelton 94 City Clerk Mayor 95 96 APPROVED AS TO FORM: 97 (Corporate Seal) 98 99 100 Shawna G. Lamb 101 City Attorney 102 713 08.08.25 (IG) Page 6 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 714 08.08.25 (IG) Page 7 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 715 809 809AthenaDr AdonisDrP o s e i d o n P l 71 s t C t S C r o s s T r l Hy po lux o R d SMilitaryTrl809 DolphinD r CanalD r SMilitaryTrlJ o h n s o n L i f e C e n t e r To m a n d M a r y A n n P e t e r s S tu d e n t C e n te r C A Th e R e e f M a i n S a n c t u a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorForestB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S p r i ng f ie ld B lv d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e w p o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y S tratton Ln C h e s a p e a k e C i r H y p o l u x o R d S a nta lu c es C om mun ity H ig h Sc hl-A du lt E d S p ringfieldBlvdMeadow sB lv d RutlandLnMapleLnH u ds on Ln N e wportAveEXISTING FLU: MR-5 Existing Future Land Use Map (MR-5)Existing Future Land Use Map (MR-5) ¹0 300 600 900 1,200150 Feet Legend Site Location Current City's Boundary PBC Future Land Use COMMERCIAL HIGH, WITH AN UNDERLYING MR-5 COMMERCIAL LOW COMMERCIAL LOW, WITH AN UNDERLYING LR-3 COMMERCIAL LOW, WITH AN UNDERLYING MR-5 HIGH RESIDENTIAL, 8 UNITS PER ACRE INSTITUTIONAL LOW RESIDENTIAL, 3 UNITS PER ACRE MEDIUM RESIDENTIAL, 5 UNITS PER ACRE PARK Boynton Beach 716 809 809AthenaDr AdonisDrP o s e i d o n P l 71s t C t S C r o s s T r l Hy po l ux o R d SMilitaryTrl809 DolphinD r CanalD r SMilitaryTrlJ o h n s o n L i f e C e n te r T o m a n d M a r y A n n P e te r s S t u d e n t C e n t e r C A T h e R e e f M a i n S a n c tu a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorForestB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S pr in gf i e l d B l v d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e wp o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y Strat t on Ln C h e s a p e a k e C i r H y p o l u x o R d S an tal uc e s Co m m u ni ty Hi gh S c h l-A d ul t E d S p ringfieldBlvdMeadow sB lv d RutlandLnMapleLnH uds on Ln N ewportAvePROPOSED FLU: LDR Future Land Use Map (LDR)Future Land Use Map (LDR) ¹0 300 600 900 1,200150 Feet Legend Current City's Boundary Site Location - Dahlgren PUD Future Land Use LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) Boynton Beach 717 Exhibit A Legal Description Beginning at the intersection of the West Right-of-Way Line of Lawrence Road (per Order of Taking, recorded in OƯicial Records Book 11768, Page 634 and OƯicial Records Book 11788, Page 934, Palm Beach County Records, Florida) with the South Line of Lake Worth Drainage District L-18 Canal Right-of-Way (per Deed Book 118, Page 518 and Deed Book 899, Page 496, Palm Beach County Records, Florida); thence S.02̊ 02’58”W., along the West Right-of-Way Line of said Lawrence Road, a distance of 212.67 feet; thence S.89̊ 39’35”W., a distance of 303.43 feet; thence S.02̊ 22’12”W., a distance of 284.32 feet; thence N.89̊ 39’35”E., a distance of 305.03 feet; thence S.02̊ 02’58”W., along the West Right-of-Way Line of said Lawrence Road, a distance of 800.29 feet; thence S.89̊ 38’36”W., along the South Line of said Tracts 8 and 2, a distance of 986.24 feet; thence N.03̊ 01’08”E., along the East Plat Boundary Line of “Homes at Lawrence Plat No. 1”, as recorded in Plat Book 49, Pages 183 through 185, Palm Beach County Records, a distance of 1298.88 feet; thence N.89̊ 40’36”E., along the South Line of said Lake Worth Drainage District L-18 Canal Right-of-Way, a distance of 964.23 feet to the Point of Beginning. Said Lands contain 27.04 Acres, more or less Together with: The North 132 feet of South 264 feet of the East half of Lot 1, in subdivision of the Northeast Quarter of Section 17, Township 45 South, Range 42 East, according to the Plat thereof on file in the OƯice of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Recorded in Plat Book 9, Page 74. Said Land contain 0.93 Acres, more or less 718 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR AN APPROXIMATELY 27.04 ACRE PARCEL OF REAL PROPERTY BY CHANGING THE FUTURE LAND USE CLASSIFICATION FROM PALM BEACH COUNTY’S MEDIUM RESIDENTIAL WITH A MAXIMUM DENSITY OF 5.0 DWELLING UNITS PER ACRE (MR-5) TO CITY OF BOYNTON BEACH’S LOW DENSITY RESIDENTIAL (LDR); DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 719 Page 2 of 3 ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): In association with the Palmyra Annexation, a property located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the east and southern boundaries is required to rezone from Palm Beach County’s Planned Unit Development (PUD) to City of Boynton Beach’s Planned Unit Development (PUD). The site currently has a Palm Beach County Future Land Use designation of Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5). The proposed amendment is to change the Future Land Use Map to Low Density Residential (LDR), which would permit the existing uses at this location. There will be no change in use for the proposed application. The City Commission finds that the proposed Future Land Use Map amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, and finds it in the best interest of the public to amend the Future Land Use Element of the Comprehensive Plan. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE 720 Page 3 of 3 (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 721 City of Boynton Beach Agenda Item Request Form 8.I Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-029- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Palmyra annexation, amending Ordinance No. 02-013 to rezone an approximately 27.04 acre parcel of real property from Palm Beach County's Planned Unit Development (PUD) to City of Boynton Beach's Planned Unit Development (PUD); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-029, at Second reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the east and southern boundaries. The site is currently zoned Palm Beach County’s Planned Unit Development (PUD). While there is a concurrent application for annexation, a site is required to be rezoned to the City of Boynton Beach's zoning classification at the time of zoning. The request is for a rezone to Planned Unit Development (PUD) in association with the Palmyra Annexation and is consistent with the current uses of the site. How will this affect city programs or services? See Palmyra Annexation for full analysis. Account Line Item and Description: N/A Fiscal Impact: See Palmyra Annexation for full analysis. Attachments: Ordinance_No._25-029_Palmyra_Annexation_-_Rezoning_PBC_PUD_to_CoBB_PUD.docx Attachment 1 - Existing Zoning PUD Attachment 2 - Proposed Zoning_PUD Attachment 3 - Exhibit A - Legal Description.pdf Business-impact-estimate_Agenda Item 3501-2025.docx 722 08.08.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-029 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, IN ASSOCIATION WITH THE PALMYRA 4 ANNEXATION, AMENDING ORDINANCE NO. 02-013 TO REZONE AN 5 APPROXIMATELY 27.04 ACRE PARCEL OF REAL PROPERTY FROM 6 PALM BEACH COUNTY’S PLANNED UNIT DEVELOPMENT (PUD) TO 7 CITY OF BOYNTON BEACH’S PLANNED UNIT DEVELOPMENT (PUD); 8 DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH 9 THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR 10 SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 14 No. 02-013, establishing an official zoning map of the City; and 15 WHEREAS, the existing area is located in unincorporated Palm Beach County that has 16 contiguity with the City of Boynton Beach on the east and southern boundaries (the “Property”), 17 more particularly described in Exhibit “A”. 18 WHEREAS, in association with the Palmyra annexation, the Property is required to rezone 19 from Palm Beach County’s Planned Unit Development (PUD) to City of Boynton Beach’s Planned 20 Unit Development (PUD); and 21 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 22 advertised hearing received testimony and evidence related to the application and found that the 23 rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, 24 Florida Statutes; and, 25 723 08.08.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 26 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 27 and 28 WHEREAS, after careful review of the application, staff has determined that the proposed 29 rezoning is consistent with an amendment to the Future Land Use Map, which was 30 contemporaneously considered and approved by the City Commission, complies with the City’s 31 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 32 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 33 which contains data and analysis supporting the rezoning; and 34 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 35 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 36 Regulations, and the City Commission deems it to be in the best interest of the public to amend 37 the City’s Zoning Map as further set forth herein. 38 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 39 BOYNTON BEACH, FLORIDA: 40 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 41 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 42 724 08.08.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 43 Palm Beach County’s Planned Unit Development (PUD) to City of Boynton Beach’s Planned Unit 44 Development (PUD), and the City’s Official Zoning Map shall be amended accordingly. 45 Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 46 further authorized to make the necessary changes, as depicted in Exhibit B, as required to the 47 City’s Official Zoning Map to reflect the above-stated changes. 48 Section 4: Authorization to Transmit. The City Manager or designee is hereby 49 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 50 provisions of the Community Planning Act, if required. 51 Section 5: Severability. The provisions of this Ordinance are declared to be 52 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 53 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 54 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 55 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 56 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 57 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 58 Section 7: Effective Date. This Ordinance shall take effect immediately upon 59 adoption. 60 Signatures on following page 61 725 08.08.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 62 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES NO 65 66 Mayor – Rebecca Shelton _____ _____ 67 68 Vice Mayor – Woodrow L. Hay _____ _____ 69 70 Commissioner – Aimee Kelley _____ _____ 71 72 Commissioner – Angela Cruz _____ _____ 73 74 Commissioner – Thomas Turkin _____ _____ 75 76 VOTE ______ 77 ATTEST: 78 79 _____________________________ 80 Maylee DeJesús, MMC Rebecca Shelton 81 City Clerk Mayor 82 83 APPROVED AS TO FORM: 84 (Corporate Seal) 85 86 87 Shawna G. Lamb 88 City Attorney 89 726 08.08.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 727 08.08.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map 728 729 809 809AthenaDr AdonisDrP o s e i d o n P l 71s t C t S C r o s s T r l Hyp olu x o R d SMilitaryTrl809 DolphinDr CanalDr SMilitaryTrlJ o h n s o n L i f e C e n te r T o m a n d M a r y A n n P e t e r s S t u d e n t C e n t e r C A T h e R e e f M a i n S a n c tu a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorFores tB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S pr in gf ie l d B l v d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e w p o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y St rat t on Ln C h e s a p e a k e C i r H y p o l u x o R d S a nta lu c es C om m unity H ig h S c hl -A dult E d S p ringfieldBlvdMeadow sB lv d HeatherCoveDrRutlandLnMapleLnH u ds on Ln N ewportAvePROPOSED ZONING: PUD Zoning Map (PUD)Zoning Map (PUD) ¹0 300 600 900 1,200150 Feet Legend Site Location Current City's Boundary Zoning Classification C3 Community Commercial PUD Planned Unit Development R1 Single Family, 7.5 du/ac R1A Single Family, 6 du/ac R1AAB Boynton Beach 730 Exhibit A Legal Description Beginning at the intersection of the West Right-of-Way Line of Lawrence Road (per Order of Taking, recorded in OƯicial Records Book 11768, Page 634 and OƯicial Records Book 11788, Page 934, Palm Beach County Records, Florida) with the South Line of Lake Worth Drainage District L-18 Canal Right-of-Way (per Deed Book 118, Page 518 and Deed Book 899, Page 496, Palm Beach County Records, Florida); thence S.02̊ 02’58”W., along the West Right-of-Way Line of said Lawrence Road, a distance of 212.67 feet; thence S.89̊ 39’35”W., a distance of 303.43 feet; thence S.02̊ 22’12”W., a distance of 284.32 feet; thence N.89̊ 39’35”E., a distance of 305.03 feet; thence S.02̊ 02’58”W., along the West Right-of-Way Line of said Lawrence Road, a distance of 800.29 feet; thence S.89̊ 38’36”W., along the South Line of said Tracts 8 and 2, a distance of 986.24 feet; thence N.03̊ 01’08”E., along the East Plat Boundary Line of “Homes at Lawrence Plat No. 1”, as recorded in Plat Book 49, Pages 183 through 185, Palm Beach County Records, a distance of 1298.88 feet; thence N.89̊ 40’36”E., along the South Line of said Lake Worth Drainage District L-18 Canal Right-of-Way, a distance of 964.23 feet to the Point of Beginning. Said Lands contain 27.04 Acres, more or less Together with: The North 132 feet of South 264 feet of the East half of Lot 1, in subdivision of the Northeast Quarter of Section 17, Township 45 South, Range 42 East, according to the Plat thereof on file in the OƯice of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Recorded in Plat Book 9, Page 74. Said Land contain 0.93 Acres, more or less 731 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN ASSOCIATION WITH THE PALMYRA ANNEXATION, AMENDING ORDINANCE NO. 02-013 TO REZONE AN APPROXIMATELY 27.04 ACRE PARCEL OF REAL PROPERTY FROM PALM BEACH COUNTY’S PLANNED UNIT DEVELOPMENT (PUD) TO CITY OF BOYNTON BEACH’S PLANNED UNIT DEVELOPMENT (PUD); DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 732 Page 2 of 3 a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): In association with the Palmyra Annexation, a property located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the east and southern boundaries is required to rezone from Palm Beach County’s Planned Unit Development (PUD) to City of Boynton Beach’s Planned Unit Development District (PUD). The City Commission finds that the proposed rezoning is consistent with the surrounding and existing land uses, the City's Comprehensive Plan and Land Development Regulations, and the City Commission deems it to be in the best interest of the public to amend the City’s Zoning Map as further set forth herein. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 733 Page 3 of 3 No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 734 City of Boynton Beach Agenda Item Request Form 8.J Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-030- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the future land use map of the City of Boynton Beach, Florida, for an approximately 0.93 acre parcel of real property by changing the future land use classification from Palm Beach County's Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) to City of Boynton Beach's Low Density Residential (LDR); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-030, at second reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the east and southern boundaries. The site currently has a Palm Beach County Future Land Use designation of Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) and is zoned Agriculture Residential (AR). The application submitted is an application to voluntarily annex the property into the City of Boynton Beach and change the Future Land Use Map to Low Density Residential (LDR), which would permit the existing uses at this location. There will be no change in use for the proposed application. How will this affect city programs or services? See Palmyra Annexation for full analysis. Account Line Item and Description: N/A Fiscal Impact: See Palmyra Annexation for full analysis. Attachments: Ord. 25-030 Palmyra_Annexation_-_Future_Land_Use_Map_Amendment_Ordinance_- _PBC_MR-5_to_CoBB_LDR (1).pdf Attachment 1 - Existing FLUM_AR Attachment 2 - Proposed FLUM_AR Attachment 3 - Exhibit A - Legal Description.pdf Business-impact-estimate_Agenda Item 3500-2025.docx 735 736 08.08.25 (IG) Page 1 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE NO. 25-030 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR AN APPROXIMATELY 0.93 ACRE PARCEL OF REAL PROPERTY BY CHANGING THE FUTURE LAND USE CLASSIFICATION FROM PALM BEACH COUNTY’S MEDIUM RESIDENTIAL WITH A MAXIMUM DENSITY OF 5.0 DWELLING UNITS PER ACRE (MR-5) TO CITY OF BOYNTON BEACH’S LOW DENSITY RESIDENTIAL (LDR); DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 15 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 16 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 17 and 18 WHEREAS, the existing area is located in unincorporated Palm Beach County that has 19 contiguity with the City of Boynton Beach on the east and southern boundaries (the “Property”), 20 more particularly described in Exhibit “A”; and 21 WHEREAS, the permitted uses within the Future Land Use Map category are compatible 22 with the surrounding and existing land uses; and 23 WHEREAS, the Property owner has also applied to rezone the property from Palm Beach 24 County’s Agricultural Residential (AR) to City of Boynton Beach’s Single-Family Residential (R-1-25 AAB); and 26 737 08.08.25 (IG) Page 2 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-030 WHEREAS, the procedure for amendment of a Future Land Use Element of a 27 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 28 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 29 Local Planning Agency and City Commission, finds that the Future Land Use Map amendment is 30 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 31 Statutes; and 32 WHEREAS, a published legal notice of this Ordinance has been provided pursuant to the 33 requirements of section 166.041, Florida Statutes, and the City’s Land Development Regulations; 34 and 35 WHEREAS, after careful review of the application, staff has determined that the proposed 36 amendment complies with the City’s Comprehensive Plan and is consistent with section 163.3184, 37 Florida Statutes; and 38 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 39 which contains data and analysis supporting the Future Land Use Map amendment; and 40 WHEREAS, the City Commission finds that the proposed Future Land Use Map 41 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations 42 and finds it in the best interest of the public to amend the Future Land Use Element of the 43 Comprehensive Plan as hereinafter provided. 44 738 08.08.25 (IG) Page 3 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-030 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 45 BOYNTON BEACH, FLORIDA: 46 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 47 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 48 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to 49 reflect the following: The City’s Future Land Use Map is hereby amended from Palm Beach 50 County’s Future Land Use Designation of Medium Residential with a maximum density of 5.0 51 dwelling units per acre (MR-5) to City of Boynton Beach’s Future Land Use Designation of Low 52 Density Residential (LDR) for a ± 0.93 acre parcel, as depicted in Exhibit “B.” 53 Section 3: Amendment to Future Land Use Map. The Director of Planning and 54 Zoning is further authorized to make the necessary changes as required to the Future Land Use 55 Map to reflect the above-stated change. 56 Section 4: Authorization to Transmit. The City Manager or designee is hereby 57 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 58 provisions of the Community Planning Act, if required. 59 Section 5: Severability. The provisions of this Ordinance are declared to be 60 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 61 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 62 739 ORDINANCE NO. 25-030 08.08.25 (IG) Page 4 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 63 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 64 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 65 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 66 Section 7: Effective Date. This Ordinance shall take effect immediately upon 67 adoption. 68 69 70 [SIGNATURES ON THE FOLLOWING PAGE] 71 740 ORDINANCE NO. 25-030 08.08.25 (IG) Page 5 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 72 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 73 CITY OF BOYNTON BEACH, FLORIDA 74 YES NO 75 76 Mayor – Rebecca Shelton _____ _____ 77 78 Vice Mayor – Woodrow L. Hay _____ _____ 79 80 Commissioner – Aimee Kelley _____ _____ 81 82 Commissioner – Angela Cruz _____ _____ 83 84 Commissioner – Thomas Turkin _____ _____ 85 86 VOTE ______ 87 ATTEST: 88 89 _____________________________ 90 Maylee DeJesús, MMC Rebecca Shelton 91 City Clerk Mayor 92 93 APPROVED AS TO FORM: 94 (Corporate Seal) 95 96 97 Shawna G. Lamb 98 City Attorney 99 741 08.08.25 (IG) Page 6 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-030 Exhibit A Legal Description 742 08.08.25 (IG) Page 7 of 7 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-030 Exhibit B Future Land Use Map 743 809 809AthenaDr AdonisDrP o s e i d o n P l 71 s t C t S C r o s s T r l Hy po lux o R d SMilitaryTrl809 DolphinD r CanalD r SMilitaryTrlJ o h n s o n L i f e C e n t e r To m a n d M a r y A n n P e t e r s S tu d e n t C e n te r C A Th e R e e f M a i n S a n c t u a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorForestB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S p r i ng f ie ld B lv d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e w p o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y S tratton Ln C h e s a p e a k e C i r H y p o l u x o R d S a nta lu c es C om mun ity H ig h Sc hl-A du lt E d S p ringfieldBlvdMeadow sB lv d RutlandLnMapleLnH u ds on Ln N e wportAveEXISTING FLU: MR-5 Existing Future Land Use Map (MR-5)Existing Future Land Use Map (MR-5) ¹0 300 600 900 1,200150 Feet Legend Site Location Current City's Boundary Layer PBC Future Land Use COMMERCIAL HIGH, WITH AN UNDERLYING MR-5 COMMERCIAL LOW COMMERCIAL LOW, WITH AN UNDERLYING LR-3 COMMERCIAL LOW, WITH AN UNDERLYING MR-5 HIGH RESIDENTIAL, 8 UNITS PER ACRE INSTITUTIONAL LOW RESIDENTIAL, 3 UNITS PER ACRE MEDIUM RESIDENTIAL, 5 UNITS PER ACRE PARK Boynton Beach 744 809 809AthenaDr AdonisDrP o s e i d o n P l 71s t C t S C r o s s T r l Hy po l ux o R d SMilitaryTrl809 DolphinD r CanalD r SMilitaryTrlJ o h n s o n L i f e C e n te r T o m a n d M a r y A n n P e te r s S t u d e n t C e n t e r C A T h e R e e f M a i n S a n c tu a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 s t L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorForestB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S pr in gf i e l d B l v d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e wp o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y Strat t on Ln C h e s a p e a k e C i r H y p o l u x o R d S an tal uc e s Co m m u ni ty Hi gh S c h l-A d ul t E d S p ringfieldBlvdMeadow sB lv d RutlandLnMapleLnH uds on Ln N ewportAvePROPOSED FLU: LDR Future Land Use Map (LDR)Future Land Use Map (LDR) ¹0 300 600 900 1,200150 Feet Legend Site Location Current City's Boundary Site Location - Dahlgren PUD Future Land Use LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) Boynton Beach 745 Exhibit A Legal Description The North 132 feet of South 264 feet of the East half of Lot 1, in subdivision of the Northeast Quarter of Section 17, Township 45 South, Range 42 East, according to the Plat thereof on file in the OƯice of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Recorded in Plat Book 9, Page 74. Said Land contain 0.93 Acres, more or less 746 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR AN APPROXIMATELY 0.93 ACRE PARCEL OF REAL PROPERTY BY CHANGING THE FUTURE LAND USE CLASSIFICATION FROM PALM BEACH COUNTY’S MEDIUM RESIDENTIAL WITH A MAXIMUM DENSITY OF 5.0 DWELLING UNITS PER ACRE (MR-5) TO CITY OF BOYNTON BEACH’S LOW DENSITY RESIDENTIAL (LDR); DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 747 Page 2 of 3 ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): In association with the Palmyra Annexation, a property located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the east and southern boundaries is required to rezone from Palm Beach County’s Agricultural Residentia l (AR) to City of Boynton Beach’s Single-Family Residential District (R-1-AAB). The site currently has a Palm Beach County Future Land Use designation of Medium Residential with a maximum density of 5.0 dwelling units per acre (MR-5) and is zoned Agriculture Residential (AR). The proposed amendment is to change the Future Land Use Map to Low Density Residential (LDR), which would permit the existing uses at this location. There will be no change in use for the proposed application. The City Commission finds that the proposed Future Land Use Map amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, and finds it in the best interest of the public to amend the Future Land Use Element of the Comprehensive Plan. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE 748 Page 3 of 3 (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 749 City of Boynton Beach Agenda Item Request Form 8.K Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-031- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Palmyra annexation, amending Ordinance No. 02-013 to rezone an approximately 0.93 acre parcel of real property from Palm Beach County's Agricultural Residential (AR) to City of Boynton Beach's Single Family Residential District (R-1-AAB); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-031, at second reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the east and southern boundaries. The site is currently zoned Palm Beach County’s Agriculture Residential (AR). While there is a concurrent application for annexation, a site is required to be rezoned to the City of Boynton Beach's zoning classification at the time of zoning. The request is for a rezone to Single- Family Residential District (R-1-AAB) in association with the Palmyra Annexation and is consistent with the current uses of the site. How will this affect city programs or services? See Palmyra Annexation for full analysis. Account Line Item and Description: N/A Fiscal Impact: See Palmyra Annexation for full analysis. Attachments: Ord. 25-031 Palmyra_Annexation_-_Rezoning_AR_to_R-1-AAB__1_ (1).docx Attachment 1 - Existing Zoning AR Attachment 2 - Proposed Zoning_R-1-AAB Attachment 3 - Exhibit A - Legal Description business-impact-estimate_Agenda Item 3503-2025.docx 750 ORDINANCE NO. 25-031 08.08.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 1 BOYNTON BEACH, FLORIDA, IN ASSOCIATION WITH THE PALMYRA 2 ANNEXATION, AMENDING ORDINANCE NO. 02-013 TO REZONE AN 3 APPROXIMATELY 0.93 ACRE PARCEL OF REAL PROPERTY FROM PALM 4 BEACH COUNTY’S AGRICULTURAL RESIDENTIAL (AR) TO CITY OF 5 BOYNTON BEACH’S SINGLE FAMILY RESIDENTIAL DISTRICT (R-1-6 AAB); DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT 7 WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR 8 SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE 9 DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 12 No. 02-013, establishing an official zoning map of the City; and 13 WHEREAS, the existing area is located in unincorporated Palm Beach County that has 14 contiguity with the City of Boynton Beach on the east and southern boundaries (the “Property”), 15 more particularly described in Exhibit “A”. 16 WHEREAS, in association with the Palmyra annexation, the Property is required to rezone 17 from Palm Beach County’s Agricultural Residential (AR) to City of Boynton Beach’s Single-Family 18 Residential (R-1-AAB); and 19 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 20 advertised hearing, received testimony and evidence related to the application and found that 21 the rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part 22 II, Florida Statutes; and 23 751 ORDINANCE NO. 25-031 08.08.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, a published legal notice of this Ordinance has been provided pursuant to the 24 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 25 and 26 WHEREAS, after careful review of the application, staff has determined that the proposed 27 rezoning is consistent with an amendment to the Future Land Use Map, which was 28 contemporaneously considered and approved by the City Commission, complies with the City’s 29 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 30 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 31 which contains data and analysis supporting the rezoning; and 32 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 33 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 34 Regulations, and the City Commission deems it to be in the best interest of the public to amend 35 the City’s Zoning Map as further set forth herein. 36 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 37 BOYNTON BEACH, FLORIDA: 38 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 39 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 40 Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 41 Palm Beach County’s Agricultural Residential (AR) to City of Boynton Beach’s Single-Family 42 Residential (R-1-AAB), and the City’s Official Zoning Map shall be amended accordingly. 43 752 ORDINANCE NO. 25-031 08.08.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 44 further authorized to make the necessary changes, as depicted in Exhibit B, as required to the 45 City’s Official Zoning Map to reflect the above-stated changes. 46 Section 4: Authorization to Transmit. The City Manager or designee is hereby 47 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 48 provisions of the Community Planning Act, if required. 49 Section 5: Severability. The provisions of this Ordinance are declared to be 50 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 51 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 52 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 53 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 54 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 55 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 56 Section 7: Effective Date. This Ordinance shall take effect immediately upon 57 adoption. 58 [SIGNATURES ON FOLLOWING PAGE] 59 60 753 ORDINANCE NO. 25-031 08.08.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 61 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 62 CITY OF BOYNTON BEACH, FLORIDA 63 YES NO 64 65 Mayor – Rebecca Shelton _____ _____ 66 67 Vice Mayor – Woodrow L. Hay _____ _____ 68 69 Commissioner – Aimee Kelley _____ _____ 70 71 Commissioner – Angela Cruz _____ _____ 72 73 Commissioner – Thomas Turkin _____ _____ 74 75 VOTE ______ 76 ATTEST: 77 78 _____________________________ 79 Maylee DeJesús, MMC Rebecca Shelton 80 City Clerk Mayor 81 82 APPROVED AS TO FORM: 83 (Corporate Seal) 84 85 86 Shawna G. Lamb 87 City Attorney 88 754 ORDINANCE NO. 25-031 08.08.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 755 ORDINANCE NO. 25-031 08.08.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map 756 757 809 809AthenaDr AdonisDrP o s e i d o n P l 71 s t C t S C r o s s T r l Hypolu x o R d SMilitaryTrl809 DolphinDr CanalDr SMilitaryTrlJ o h n s o n L i f e C e n t e r T o m a n d M a r y A n n P e t e r s S t u d e n t C e n t e r C A T h e R e e f M a i n S a n c t u a r y GlenwoodDrA r t h u r i u m A v e SpiderLilyLnC o o n t i e C t SeaDaisyDr7 1 s t A v e S 7 1 st L n S J o n a t h a n s W a yOldOrchardWayIvyCrossingLnHypoluxoRdLawrenceRd ManorFores tB lv d ManorForestBlvdN a u t i c a S o u n d B l v d S pr in gf ie l d B l v d A s p e n L e a f D r W illowSpringsCirColonyPalmDrN e w p o r t A v e W o o d h i l l P l LawrenceRdLawrenceRdN a v i g a t o r C r e e k P a l o m i n o D r A r t e s i a n D r A m b e r j a c k R d S a p p h i r e R d G o n d o l i e r W a y S tratt on Ln C h e s a p e a k e C i r H y p o l u x o R d S antaluces Com munity Hi gh Schl-Adu lt E d S p ringfieldBlvdMeadow sB lv d HeatherCoveDrRutlandLnMapleLnH u ds on Ln N ewportAvePROPOSED ZONING: R1AAB Zoning Map (R1AAB)Zoning Map (R1AAB) ¹0 300 600 900 1,200150 Feet Legend Site Location Current City's Boundary Zoning Classification C3 Community Commercial PUD Planned Unit Development R1 Single Family, 7.5 du/ac R1A Single Family, 6 du/ac R1AAB Boynton Beach 758 Exhibit A Legal Description The North 132 feet of South 264 feet of the East half of Lot 1, in subdivision of the Northeast Quarter of Section 17, Township 45 South, Range 42 East, according to the Plat thereof on file in the OƯice of the Clerk of the Circuit Court in and for Palm Beach County, Florida, Recorded in Plat Book 9, Page 74. Said Land contain 0.93 Acres, more or less 759 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN ASSOCIATION WITH THE PALMYRA ANNEXATION, AMENDING ORDINANCE NO. 02-013 TO REZONE AN APPROXIMATELY 0.93 ACRE PARCEL OF REAL PROPERTY FROM PALM BEACH COUNT’S AGRICULTURAL RESIDENTIAL TO CITY OF BOYNTON BEACH’S SINGLE FAMILY RESIDENTIAL DISTRICT (R-1-AAB); DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 760 Page 2 of 3 a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): In association with the Palmyra Annexation, a property located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the east and southern boundaries is required to rezone from Palm Beach County’s Agricultural Residential (AR) to City of Boynton Beach’s Single-Family Residential District (R-1-AAB). The City Commission finds that the proposed rezoning is consistent with the surrounding and existing land uses, the City's Comprehensive Plan and Land Development Regulations, and the City Commission deems it to be in the best interest of the public to amend the City’s Zoning Map as further set forth herein. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 761 Page 3 of 3 No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 762 City of Boynton Beach Agenda Item Request Form 8.L Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-022- First Reading, An Ordinance of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 0.36 Acres of Unincorporated Territory Located at 3604 Boynton Beach Boulevard, into the Corporate Limits of the City Pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-022, at first reading. Explanation of Request: The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the eastern boundary. The site is currently ahs a Palm Beach County Future Land Use designation of CH/8 and is zoned Palm Beach County CHO. The parcel is currently developed with an existing 1,250 square foot structure with ancillary site improvements. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to LRC and C-3, respectively, which would permit a Medical Marijuana Treatment Center at this location. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezone. As such, the application is requesting a C-3 zoning designation. However, in order to rezone, the site must meet the requirements of the zoning district requested. As the site is already developed, the current location of the structure is 9.1 feet from the rear property line, while the C-3 zoning districts requires a minimum of 20 feet. The applicant is requesting a Variance for the rear yard setback of 9.1 feet where 20 feet is required. Review of the proposed annexation by staff finds the application meets the statutory 763 conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on July 21, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on September 12, 2025 notification of the Public Hearing was sent via certified mail. Comments will be provided to City Commission once received. How will this affect city programs or services? If approved the City would be responsible for all services including but not limited to Police, Fire, and Solid Waste. All applicable departments have reviewed this application and currently have the necessary resources to service this area. Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ordinance No. 25-022 Annexation- Curaleaf Florida, LLC Attachment 1 - Ownership Consent Form Attachment 2 - Petition for Annexation Attachment 3 - Contiguity Map - Curaleaf Florida LLC Annexation Attachment 4 - Location Map - Curaleaf Florida LLC Annexation Attachment 5 - Project Statement - Curaleaf Florida LLC Annexation Attachment 6 - Exhibit A - Curaleaf Florida LLC Annexation - Legal Description and Survey Attachment 7 - Existing and Proposed Future Land Use Map Attachment 8 - Existing and Proposed Zoning Map.pdf Attachment 9 - Rear Setback Variance Request Attachment 10 - SITE PLAN - Variance Request Staff Report - Curaleaf Florida, LLC 764 Curaleaf Florida LLC Annexation Ordinance ORDINANCE NO. 25-022 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 2 VOLUNTARILY ANNEXING APPROXIMATELY 0.36 ACRES OF 3 UNINCORPORATED TERRITORY LOCATED AT 3604 BOYNTON 4 BEACH BOULEVARD, INTO THE CORPORATE LIMITS OF THE CITY 5 PURSUANT TO SECTION 171.044, FLORIDA STATUTES; PROVIDING 6 FOR THE ANNEXATION OF THE PROPERTY DESCRIBED HEREIN; 7 PROVIDING PUBLICATION OF NOTICE OF THE PROPOSED 8 ANNEXATION; DIRECTING THE CITY CLERK TO RECORD THIS 9 ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT, WITH THE 10 CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY, AND 11 WITH THE DEPARTMENT OF STATE; PROVIDING A BUSINESS 12 IMPACT ESTIMATE; PROVIDING FOR CONFLICTS; SEVERABILITY; 13 AND AN EFFECTIVE DATE. 14 15 WHEREAS, the City of Boynton Beach, Florida (the “City”) is a municipal corporation 16 organized and existing under the laws of the State of Florida; and 17 WHEREAS, Section 166.021, Florida Statutes, as amended, empowers the City 18 Commission to annex real property into the corporate boundaries of the City; and 19 WHEREAS, Sections 171.011 through 171.094, Florida Statutes, as amended, the 20 Municipal Annexation or Contraction Act, empowers the City Commission to annex real 21 property into the corporate boundaries of the City, pursuant to a petition voluntarily filed by 22 the owner of certain real property; and 23 WHEREAS, the property located at 3604 Boynton Beach Boulevard, as further described 24 and depicted in Exhibit A attached hereto and incorporated herein by reference ( the 25 “Property”) is currently located in unincorporated Palm Beach County, Florida; and 26 WHEREAS, the Property is contiguous to the existing corporate limits of the City as 27 depicted in Exhibit B attached hereto and required by Section 171.044, Florida Statutes; and 28 WHEREAS, the Property Owner has executed a Petition for Voluntary Annexation and 29 an Owner’s Consent Form with the City, which expressly consents to voluntary annexation upon 30 satisfaction of all statutory requirements; and 31 WHEREAS, the City has furnished the Board of County Commissioners of Palm Beach 32 County a copy of the published notice of annexation by certified mail no sooner than ten (10) 33 765 Curaleaf Florida LLC Annexation Ordinance days before said publication, and said action is hereby ratified and confirmed by the City 34 Commission; and 35 WHEREAS, all conditions precedent for annexation have been satisfied, including: 36 1. The Property is contiguous to the existing municipal boundaries; 37 2. The Property Owner has consented to annexation through the Owner’s Consent 38 Form and a Petition for Voluntary Annexation; 39 3. All notice requirements of Section 171.044, Florida Statutes, have been satisfied; 40 4. The required public hearings were held on October 7 and 21, 2025, with proper 41 notice given; and 42 5. The annexation is consistent with the City's Comprehensive Plan; and 43 WHEREAS, all other procedural and notice requirements mandated by State law and 44 the City’s Charter and Code of Ordinances have been followed and satisfied; and, 45 WHEREAS, the City has performed a business impact estimate pursuant to 46 §166.041(4)(c), Florida Statutes, and determined that adoption of this ordinance: 47 (1) serves a public purpose by serving the public health, safety, morals, and welfare of 48 the City, 49 (2) has no direct negative economic impact on private, for-profit businesses in the city, 50 (3) will not result in direct compliance costs for businesses, 51 (4) does not impose any new charge or fee on businesses for which businesses will be 52 financially responsible, 53 (5) does not create any additional municipal regulatory cost that is not recovered 54 appropriately and lawfully by the City; and 55 WHEREAS, the City Commission finds that annexation of the Property serves the public 56 interest by promoting orderly municipal growth, extending municipal services, and 57 incorporating areas already receiving City water service into the municipal tax base; and 58 WHEREAS, the City Commission finds that the Property Owner has requested and is 59 receiving water service from the City, demonstrating the reasonableness and necessity of 60 annexation; and 61 766 Curaleaf Florida LLC Annexation Ordinance WHEREAS, Section 171.044, Florida Statutes, authorizes municipal annexation of 62 contiguous unincorporated territory under the circumstances present herein. 63 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 64 BOYNTON BEACH, FLORIDA, THAT: 65 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 66 being true and correct and are hereby incorporated herein and made a part hereof. 67 Section 2. FINDINGS 68 The City Commission hereby finds and determines that: 69 A. All of the recitals set forth above are true and correct and are hereby incorporated 70 by reference. 71 B. The Property described and depicted in Exhibit A is contiguous to the existing 72 corporate limits of the City. 73 C. The Property Owner has consented to annexation through the executed Petition for 74 Voluntary Annexation and Owner’s Consent Form. 75 D. All statutory requirements for voluntary annexation under Section 171.044, Florida 76 Statutes, have been satisfied. 77 E. Proper notice of the public hearing was given as required by law. 78 F. The annexation will not result in the creation of an enclave of unincorporated territory. 79 G. The annexation serves the public interest and promotes orderly municipal 80 development. 81 Section 3. ANNEXATION 82 The real property described in Exhibit A attached hereto and incorporated herein by 83 reference is hereby annexed into the corporate limits of the City of Boynton Beach, Florida, and 84 shall become a part of the City for all purposes, effective upon the date this ordinance becomes 85 effective. 86 767 Curaleaf Florida LLC Annexation Ordinance Section 4. BOUNDARIES 87 Upon the effective date of this ordinance, the City's corporate limits shall be extended to 88 include the Property described in Exhibit A. The City Clerk and Director of Planning and 89 Development are hereby authorized and directed to: 90 A. Prepare an amended corporate limits map showing the annexation of the Property; 91 B. File appropriate documentation with the Florida Department of Revenue pursuant to 92 Section 171.07, Florida Statutes; 93 C. Within 7 days after adoption of this Ordinance, file a certified copy of this Ordinance 94 with the Palm Beach County Administrator, Palm Beach County Supervisor of Elections, Tax 95 Collector, Property Appraiser, Department of State, Clerk of Court, and other appropriate 96 officials of the annexation; 97 D. Within 7 days after adoption of this Ordinance, record this ordinance in the public 98 records of Palm Beach County, Florida; and 99 E. Take all other actions necessary to effectuate the annexation. 100 Section 5. MUNICIPAL SERVICES 101 Upon the effective date of this ordinance: 102 A. The Property shall be entitled to receive all municipal services provided by the City to 103 similarly situated properties within the City; 104 B. The Property shall be subject to all City ordinances, regulations, and requirements 105 applicable to properties within the City; 106 C. The Property shall be subject to City ad valorem taxation beginning with the next tax 107 year following annexation; and 108 D. All City development regulations, building codes, and land use requirements shall apply 109 to the Property. 110 Section 6. POWER OF ATTORNEY AUTHORIZATION 111 The City Manager and City Clerk are hereby authorized to execute, on behalf of the City 112 any additional documents that may be required to complete the annexation process, including, 113 but is not limited to, execution of boundary survey certifications; execution of any state-114 768 Curaleaf Florida LLC Annexation Ordinance required annexation forms; execution of documents required by the Florida Department of 115 Revenue; and any other documents reasonably necessary to effectuate the annexation. 116 Section 7. COMPLIANCE WITH STATE LAW 117 This annexation is adopted in full compliance with Section 171.044, Florida Statutes, 118 and all other applicable state laws and constitutional requirements. The City Commission 119 hereby certifies that: proper notice was given as required by Section 171.044(2), Florida 120 Statutes; two public hearings were conducted as required by Section 171.044, Florida Statutes; 121 the Property is reasonably compact and contiguous to the City; the Property Owner has 122 consented to the annexation; and the annexation serves a municipal purpose. 123 Section 8. BUSINESS IMPACT ESTIMATE 124 Pursuant to Section 166.041(4), Florida Statutes, the City is required to prepare a 125 business impact estimate for certain proposed ordinances. This proposed ordinance voluntarily 126 annexes land into the City of Boynton Beach. The voluntary annexation of land into the City (1) 127 serves a public purpose by serving the public health, safety, morals, and welfare of the City, (2) 128 has no direct negative economic impact on private, for-profit businesses in the city, (3) will not 129 result in direct compliance costs by businesses, (4) does not impose any new charge or fee or 130 businesses for which businesses will be financially responsible, and (5) does not create any 131 additional municipal regulatory cost which is not recovered appropriately and lawfully by the 132 City. Thus, it is estimated that neither residents nor any businesses will incur additional costs. 133 The City does not seek to impose any additional user or regulatory fees or charges, nor are any 134 direct compliance costs expected. The Business Impact Estimate form for this ordinance is on 135 file with the City Clerk. 136 Section 9. CODIFICATION 137 That Section 6 of the Charter of the City of Boynton Beach, Florida, is hereby amended 138 to reflect the annexation of land more particularly described in Exhibit A. 139 Section 10. CONFLICTS AND SEVERABILITY 140 If any clause, section, or other part or application of this Ordinance shall be held by any 141 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 142 769 Curaleaf Florida LLC Annexation Ordinance part or application shall be considered as eliminated and so not affect the validity of the remaining 143 portions or applications remaining in full force and effect. 144 Section 11. EFFECTIVE DATE 145 This Ordinance shall become effective immediately upon passage. 146 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 147 148 770 Curaleaf Florida LLC Annexation Ordinance FIRST READING this _____ day of _________________, 2025. 149 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2025. 150 151 CITY OF BOYNTON BEACH, FLORIDA 152 YES NO 153 154 Mayor – Rebecca Shelton _____ _____ 155 156 Vice Mayor – Woodrow L. Hay _____ _____ 157 158 Commissioner – Angela Cruz _____ _____ 159 160 Commissioner – Thomas Turkin _____ _____ 161 162 Commissioner – Aimee Kelley _____ _____ 163 164 VOTE ______ 165 166 167 168 ATTEST: 169 170 _____________________________ ______________________________ 171 Maylee De Jesús, MPA, MMC Rebecca Shelton 172 City Clerk Mayor 173 174 APPROVED AS TO FORM: 175 (Corporate Seal) 176 177 _______________________________ 178 Shawna G. Lamb 179 City Attorney 180 181 771 Curaleaf Florida LLC Annexation Ordinance EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF PROPERTY 772 Curaleaf Florida LLC Annexation Ordinance 773 Curaleaf Florida LLC Annexation Ordinance EXHIBIT B CONTIGUITY MAP 774 775 776 777 778 779 780 781 782 ACTIVE 710229475v3 3604 Boynton Beach Blvd Annexation Justification Statement Compliance with Statutory Requirements : The proposed annexation of the property located at 3604 Boynton Beach Blvd complies with the criteria established under Florida Statutes , Section 171.043 entitled “Character of the Area to be Annexed”. That statute states that the area to be annexed must satisfy the general standards outlined in Section 171.043 (1) and meet the standards of Section 171.043 (2) or (3). The annexation parcel complies with subsections (1) and (2) as detailed below. The annexation parcel, which is now unincorporated, satisfies Section 177.043 (1) in that it is contiguous to the corporate limits of the City of Boynton Beach, being adjacent on its east boundary to Parcel 08-43-45-30-01-009-0020, which is located within the municipal limits of the City of Boynton Beach. The annexation parcel also satisfies the compactness standard of Section 177.043 (1) in being a .36-acre unified rectangular parcel. The parcel satisfies Section 177.043 (2) in that the parcel is developed and is located within an area that is developed for urban purposes as defined in Section 171.031 of the Florida Statutes. The annexation parcel is located along a commercially developed major roadway corridor, with residential properties to the north developed in lots or tracts of less than 5 acres. The statutory requirements for a voluntary annexation, which are described in Section 171.044, are only that: the petition for annexation bear the signatures of all owners of the property; the property to be annexed is contiguous to the municipality; the area to be annexed be reasonably compact; and the annexation must not create an enclave. As demonstrated above, the proposed annexation meets all of those standards. Consistency with Comprehensive Plan : In accordance with the Boynton Beach Comprehensive Plan – Future Land Use Element, annexation may proceed through one of four approved methods. This application qualifies under the method of voluntary annexation by petition of the property owner. The applicant intends to concurrently submit applications for a land use amendment and rezoning to align with the City’s land use designation and zoning classifications. 1. Demonstration of Need: The property at 3604 Boynton Beach Blvd (sometimes referred to as “the parcel” or the “annexation parcel”) is contiguous to the City of Boynton Beach on its eastern and southern boundaries. Adjacent to the east is Boulevard Plaza, a retail shopping center comprised of eight stores. To the south lies an Exxon gas station and an undeveloped parcel abutting a golf course. The parcel to the west, located in unincorporated Palm Beach County, is occupied by a law office. The northern boundary is bordered by a water-filled ditch and natural barriers, beyond which are single-family homes, though there is no access between these and the annexation parcel. The applicant seeks annexation into the City of Boynton Beach to transition from its County Commercial High Future Land Use Designation and Commercial High Office (CHO) zoning designation to the City’s Local Retail Commercial Future Land Use designation and Commercial 3 (C-3) zoning district. Both the land use and zoning proposed for the annexation parcel are exactly the same as the existing land use and zoning designations of the adjacent properties to the east, within the City of Boynton Beach. 783 ACTIVE 710229475v3 The annexation parcel would require rezoning whether it remains in the County or is annexed into the City of Boynton Beach, to allow the proposed use of the existing building and parcel as a Medical Marijuana Treatment Center (MMTC). However, the dimensional requirements in the City zoning are better suited to the existing conditions ; and annexing to the City of Boynton Beach, which can provide a more responsive city staff, is beneficial for servicing the needs of a retail use. 2. Consistency: The parcel proposed for annexation is contiguous to a multi-tenant retail center zoned C-3, which supports uses compatible with the applicant’s intended operation. The current and proposed uses are both commercial and retail, supporting the objectives and policies of the City’s Comprehensive Plan, Redevelopment Plans, and related planning documents. This consistency in use and character supports the requested land use amendment and rezoning. 3. Compatibility The proposed Future Land Use designation and zoning classification for the annexed parcel will be compatible with adjacent parcels and consistent with the C -3 zoning district. The proposed use—a Medical Marijuana Treatment Center (MMTC)—aligns with the permitted retail uses under the C-3 zoning category. Specifically, per the Boynton Beach Code of Ordinances Part III, Chapter 3, Article IV, Section 3.57.a.(2), medical marijuana dispensing facilities are classified under the Pharmacy and Drug Store use category within C-3. Additionally, the proposed annexation parcel is compliant with the required separation distances. The nearest preschool property is over 1,000 feet from the subject parcel (measured parcel line to parcel line), and the nearest middle school is nearly 2,000 feet away, exceeding the statutory 500 - foot minimum distance requirement. 4. Orderly Growth The proposed annexation does not contribute to fragmented development patterns and will not create isolated or undevelopable parcels. The associated amendments to the Future Land Use Map (FLUM) and zoning district maps will support the existing use and pro mote the orderly growth and logical extension of the Boynton Beach city limits. 5. Location Efficiency The proposed FLUM and zoning amendments support complementary and integrated land uses consistent with smart growth principles. The annexation parcel benefits from proximity to a mix of commercial uses, contributing to access to services, and overall connectivity with adjacent properties. 6. Availability of Public Services/Infrastructure The subject parcel at 3604 Boynton Beach Blvd is located within an area already served by municipal infrastructure capable of supporting the proposed commercial retail use. In accordance with Chapter 1, Article VI – Concurrency Management System, the applicant recognizes that all development order applications, including those involving Future Land Use Map (FLUM) amendments and rezonings, are subject to concurrency review to ensure that development does not degrade the adopted Level of Service (LOS) standards outlined in the City’s Comprehensive Plan. 784 ACTIVE 710229475v3 As a commercial retail project, the relevant public facilities and services subject to concurrency review include: • Potable water • Sanitary sewer • Solid waste disposal • Stormwater drainage • Local, county, and state roadways • Parks and recreation, where applicable to support non-residential uses The applicant acknowledges the obligation to pay any applicable capital facility charges or connection fees that would be due for the proposed change of use for the existing building on the annexation parcel that was last used as a beauty salon. Because the proposed annexation and rezoning will involve an existing building last used for a beauty salon, the annexation and proposed new use are not expected to generate adverse infrastructure impacts that are unable to be supported by existing and planned public facilities. The exterior of the existing building will maintain its appearance, with only the interior to be remodeled. Therefore, the request complies with the City’s Concurrency Management System and supports the responsible, sustainable expansion of commercial development within the City of Boynton Beach. 7. Economic Development Impact The proposed annexation change of land use and rezoning of 3604 Boynton Beach Blvd to the Commercial 3 (C-3) zoning district will accommodate the proposed Medical Marijuana Treatment Center (“MMTC”), a use that will unlock a number of direct and indirect economic benefits to the City. a. Fiscal Benefits and Tax Revenue Generation MMTCs are high-revenue, customer-facing retail businesses subject to Florida’s state sales tax on all medical marijuana product sales. In addition to contributing to the state’s general revenue, MMTCs also generate tangible local economic benefit through the following: • Increased ad valorem (property) tax revenue through redevelopment, renovation, and/or improvement of the parcel to meet City code and retail standards. • Sales-based tax remittances, which factor into local shared revenue allocations from the state. • Business tax receipts (local business taxes) required to operate within the City of Boynton Beach, contributing directly to the general fund. • Employment-related taxes and wage circulation, supporting local economic vitality and adjacent commercial businesses. 785 ACTIVE 710229475v3 Over time, these fiscal contributions help fund essential municipal services such as public safety, infrastructure, beautification, parks, and recreation—enhancing overall quality of life for residents and business owners alike. b. Job Creation and Commercial Activation As a retail business with secure, regulated operations, the MMTC will create new jobs in the areas of management, operations, compliance, and customer service. These positions offer competitive wages and benefits, providing opportunities for local residents to access stable, long- term employment in a growing sector. Additionally, the MMTC will serve as an anchor retail use contributing to the economic viability of surrounding commercial tenants. This will support the activation of the corridor and may encourage further redevelopment of nearby underutilized parcels. c. Market Responsiveness and Strategic Alignment The proposal directly addresses a service gap in the surrounding area by offering access to regulated medical cannabis for qualified patients in a controlled and compliant environment. The proposed use supports Boynton Beach’s broader economic development goals by: • Activating a currently underutilized parcel; • Advancing adaptive reuse and infill development; • Promoting smart growth in areas with existing infrastructure; • Attracting new investment within City boundaries. In conclusion, the MMTC’s establishment at this location represents a strategic opportunity for the City of Boynton Beach to expand its commercial tax base, stimulate corridor activity, and introduce new employment and service offerings — all while ensuring consistency with land use policy and compatibility with surrounding development. 8. Heavy Commercial and Industrial Land Supply The proposed annexation and corresponding Future Land Use Map (FLUM) and zoning amendments do not diminish the City’s viable land supply for heavy commercial or industrial development. The subject parcel is unsuitable for heavy commercial or industrial uses due to its limited size, configuration, and adjacency to low - and medium-intensity uses, including retail centers, a gas station, a golf course, and residential properties. Its location along a commercial corridor dominated by retail-oriented development makes it functionally incompatible with the operational needs and spatial requirements typically associated with heavy commercial or industrial use. Additionally, the proposed annexation and zoning to C-3 would satisfy multiple Direct Economic Development Benefits as identified in Section 3(g) of the City’s land development review criteria . 786 787 788 789 790 791 792 REAR SETBACK VARIANCE REQUEST July 2, 2025 City of Boynton Beach Planning Department 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Re: Rear Setback Variance Request—3604 Boynton Beach Boulevard (Parcel ID: 0043530010100020) Applicant: Curaleaf Florida, LLC Proposed Use: Medical Marijuana Treatment Center (MMTC) Current Zoning: Unincorporated Palm Beach County Proposed Zoning: Community Commercial (C3) Proposed Future Land Use: Local Retail Commercial (LRC) I. Introduction This variance request is submitted in conjunction with an annexation application and arises due to a discrepancy between the existing rear setback approved under Palm Beach County regulations and the setback standards required by the City of Boynton Beach. Specifically, the applicant is seeking a variance to maintain the existing 10-foot rear setback, where a 20-foot setback is required under City zoning standards. The subject property, located at 3604 Boynton Beach Boulevard, is also the subject of concurrent applications for annexation, a Future Land Use Map amendment, and a Zoning Map amendment to facilitate the conversion of the property from a hair salon to a Medical Marijuana Treatment Center (MMTC). II. Compliance with Variance Criteria Pursuant to Chapter 2, Article IV § 4 of the City’s Code, the Board may grant a variance upon finding that enforcement would result in manifest injustice, would be contrary to the Code’s purpose or public interest, and that all general criteria set forth in Chapter 2, Article IV, § 4 C. 1. are satisfied. The following analysis demonstrates full compliance: a. Special Circumstances The subject property’s existing structure was legally constructed prior to this annexation request and is located 10 feet from the rear property line. The rear boundary directly abuts land owned by the Lake Worth Drainage District and a canal, which together create a permanent, physical separation from adjacent properties. This unique condition distinguishes the property from others and constitutes a special circumstance under the Code. b. Hardship Not Self-Created 793 The current rear setback condition is the result of historic site development patterns. Constructed in 1975, the building predated both the applicant’s ownership and the City’s current regulatory framework. The hardship is not self-created; rather, it stems from longstanding site conditions and adjacent public infrastructure. c. No Special Privilege Granting the variance will not confer any special privilege denied to others. The canal’s presence provides a substantial physical buffer, similar in function to a railroad or major right-of-way. The City’s Code allows a reduction in similar circumstances, allowing up to a 50% reduction for railroad- or canal-adjacent parcels under ULDC Chapter 3, Article III, § 1. B. This request seeks equitable treatment consistent with that precedent. d. Minimum Variance Necessary The requested variance is the minimum necessary to maintain the existing structure and permit a reasonable use of the property. Full compliance would require demolition or costly reconfiguration, which is impractical and unnecessary given the existing canal buffer and the minimal impact on surrounding properties. e. Harmony with Code Intent Granting this variance is consistent with the intent of the City’s Code, which allows for flexibility in addressing unique site conditions to facilitate orderly development. The canal and drainage parcel provide substantial separation, mitigating any potential adverse impacts on neighboring properties. The proposed MMTC use is compatible with the surrounding area and will not negatively affect public health, safety, or welfare. III. Conclusion This variance supports a broader land use and zoning entitlement strategy, including annexation, FLUM amendment, and rezoning, all of which are necessary to bring the site into conformance with City standards. The relief requested is narrowly tailored to accommodate existing conditions and will not compromise the public interest, confer undue benefit, or create precedent beyond what is already supported by policy. We respectfully request approval of this variance application. 794 18.50'27.76'18.50'12.50'9.50'9.50'9.50'9.50'6.50' PARKING CALCULATIONPARKING CALCULATION EXISTING 1250SF 1 STORY COMMERCIAL BUILDING EXISTING 9.75'10.20'10.20'10.20'10.20' BUILDING AREA: 1525 SF BUILDING USE: OTHER REQUIRED SPACES PER SF:1/200 SF 1525 SF / 200 =7.6 8 SPACES8 SPACES 12' X 35' LOADING AREA RESTRIPE PARKING SPACES TO DIMENSIONS INDICATED. SEE CITY/COUNTY STANDARD STRIPING REQUIREMENTS. NEW DUMPSTER ENCLOSURE FOR ROLL OUT DUMPSTER 12.00'12.00'REMOVE ASPHALT IN THIS AREA . PROVIDE TOP SOIL. EXISTING DOMESTIC WATER METER AND BACKFLOW PREVENTER TO REMAIN MOTORCYCLE PARKING PROVIDE PLANTING AROUND ENCLOSURE @ 48" CENTERS. MIN 18" HIGH PLANTING. REMOVE PARKING STRIPPING ON THIS SIDE OF BUILDING 33.88'5.00' MOTORCYCLE PARKING SIGN PER CITY STANDARDS ADA PARKING SIGN PER CITY STANDARDS 11 11 11 NO PARKING SIGN PER CITY STANDARDS NEW PAINTED STOP BAR NEW STOP SIGN NEW DIRECTIONAL STRIPING. TYP ALL TRAFFIC SIGNING AND PAVEMENT ALL TRAFFIC SIGNING AND PAVEMENT MARKING SHALL COMPLY WITH THE U.S. MARKING SHALL COMPLY WITH THE U.S. DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION FEDERAL HIGHWAY ADMINISTRATION MANUAL ON UNIFORM TRAFFIC MANUAL ON UNIFORM TRAFFIC CONTROL DEVICESCONTROL DEVICES 11 NEW PAINTED STOP BAR NORTH ELEVATIONNORTH ELEVATION6' - 0"STUCCO OVER 8" CMU. REINFORCE @ 36"o.c. GROUT ENTIRE WALL SOLID. HSS6X6X.25" GALANIZED STEEL TUBE. GROUT SOLID FIBER REINFORCED, 3000 PSI, CAST-IN-PLACE CONCRETE FOOTING. 6" SLAB WITH 12" THICKENED EDGE 1' - 0"12' - 0".3"6" SOUTH ELEVATIONSOUTH ELEVATION 6' - 0"STUCCO OVER 8" CMU. REINFORCE @ 36"o.c. GROUT ENTIRE WALL SOLID. HSS6X6X.25" GALANIZED STEEL TUBE. GROUT SOLID FIBER REINFORCED, 3000 PSI, CAST-IN-PLACE CONCRETE FOOTING. 6" SLAB WITH 12" THICKENED EDGE 1' - 0"12' - 0".3"6" EAST ELEVATIONEAST ELEVATION6' - 0"STUCCO OVER 8" CMU. REINFORCE @ 36"o.c. GROUT ENTIRE WALL SOLID. FIBER REINFORCED, 3000 PSI, CAST-IN-PLACE CONCRETE FOOTING. 6" SLAB WITH 12" THICKENED EDGE 1' - 0"12' - 0". WEST ELEVATIONWEST ELEVATION6' - 0"FIBER REINFORCED, 3000 PSI, CAST-IN-PLACE CONCRETE FOOTING. 6" SLAB WITH 12" THICKENED EDGE1' - 0"FULLY WELDED GALV STEEL FRAME DOOR WITH COMPOSITE WOOD PLANK PANEL. HSS6X6X.25" GALANIZED STEEL TUBE. GROUT SOLID (4) HEAVY DUTY GALV WELDED HINGES. EACH SIDE DOOR PULLS. GALV. GALV STOP RODS. PROVIDE PAVEMENT SLEEVES FOR BOTH OPEN AND CLOSED POSITIONS. 12' - 0".6"12' - 0".DUMPSTER ENCLOSURE PLANDUMPSTER ENCLOSURE PLAN 6", 3000PSI, FIBER REINFORCED SLAB. SLOPE TO DOOR 1/4" PER FT 18"W X 12"D CONCRETE FOOTING #5 BAR VERT @ 36"o.c. 8" SPLIT FACE CMU. GROUT ALL CELLS SOLID. HSS6X6X1/4". GROUT SOLID. WELD ALL AROUND TO 12"x12"x3/8" GALV STEEL BASE PLATE. 12' - 0". (4) 3/4" ANCHOR BOLTS. EMBED A MIN 8" INTO FOUNDATION. 24"Lx24"Wx12"D CONCRETE FOOTING CENTERED ON COLUMN. (3) 4" CONCRETE FILLED METAL BOLLARDS. 36" EMBEDED AND 36" ABOVE GRADE 8" STUCCO CAP AND TOP BAND 8" STUCCO CAP AND TOP BAND 8" STUCCO CAP AND TOP BAND PROVIDE CRICKET CONCRETE APRON TO DIVERT WATER TO EITHER SIDE OF ENCLOSURE PROJECT CONSULTANT DRAWING CERTIFICATION REVISIONS DRAWING TITLEDRAWING TITLE PROJECT #PROJECT # DATEDATE SHEET #SHEET # PO Box 780173, Orlando, FL 32828 407-990-5554 info@zkarch.com | www.zkarch.com IT IS A VIOLATION OF THE LAW FOR ANY PERSON TO ALTER THESE DRAWINGS UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT. © COPYRIGHT 2025 ZACH KASKY ARCHITECTURE, LLC ZACHARY T. KASKY LIC.# AR97739 THIS ITEM HAS BEEN ELECTRONICALLY SIGNED BY ZACHARY KASKY USING A DIGITAL SIGNATURE. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE ELECTRONIC SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES 8/6/2025 12:53:05 PMG1.00 EXISTING SURVEY AND NEW SITE PLAN BOYNTON BEACH TENANT ALTERATIONS JUNE 26, 2025 2024054 3604 BOYNTON BEACH BLVD, BOYNTON BEACH, FL 33436 Number Description Date 1 REV01 08/06/2025 1" = 20'-0"11 PROPOSED SITE PLAN 1/4" = 1'-0"22 DUMPSTER ENCLOSURE PLAN AND ELEVATIONS 795 3604 Boynton Beach Blvd, Boynton Beach, FL Curaleaf Florida LLC Annexation, Future Land Use Map, Variance, and Zoning Change Request Application Legal Description "THE EAST 100.0 FEET OF THE WEST 280.0 FEET OF LOTS ""A"" AND ""B"", LYING NORTH OF STATE ROAD 804 AND SOUTH OF L-24 CANAL, BLOCK 10, THE PALM BEACH FARMS CO. PLAT NO. 8, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE EAST 100.0 FEET OF THE WEST 280.0 FEET OF LOTS ""A"" AND ""B"", THENCE NORTH 00°06'51"" WEST, 155.80 FEET; THENCE NORTH 88°11'06"" EAST, 100.00 FEET; THENCE SOUTH 00°09'20"" EAST, 155.97 FEET; THENCE SOUTH 88°17'04"" WEST, 100.11 FEET TO THE POINT OF BEGINNING. CONTAINING: 15,591 SQUARE FEET/ 0.36 ACRES, MORE OR LESS. SUBJECT TO: EASEMENTS, RESERVATIONS, RESTRICTIONS, ROAD RIGHT-OF-WAY OF RECORD, IF ANY, AND TAXES FOR THE YEAR 1990 AND THEREAFTER." 796 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Gabe Sevigny, Principal Planner DATE: September 30, 2025 PROJECT: Curaleaf Florida LLC Annexation 2025.07.4275 REQUEST: Approve Curaleaf Florida LLC request for Annexation of 0.36 acres, Future Land Use Map Amendment from Palm Beach County’s Commercial High with an Underlying HR-8 (CH/8) to Local Retail Commercial (LRC) and rezoning from Palm Beach County’s Commercial High Office (CHO) to Community Commercial District (C-3) consisting of approximately 0.36 acres, site is located at 3604 West Boynton Beach Boulevard, and a Variance request for a rear yard setback of 9.1 feet where 20 feet is require for an existing structure. PROJECT DESCRIPTION Property Owner: OFS Property holdings LLC Applicant: Curaleaf Florida LLC Address: 3604 West Boynton Beach Boulevard Location: The north side of Boynton Beach Boulevard, approximately 400 feet west of the Knuth Road and Boynton Beach Boulevard intersection. Existing Land Use: Palm Beach County Commercial High with an Underlying MR-8 (CH/8) Proposed Land Use: Local Retail Commercial (LRC) Existing Zoning: Palm Beach County Commercial High Office (CHO) 797 Page 2 Curaleaf Florida LLC Annexation 2025.07.4275 2 Proposed Zoning: Community Commercial (C-3) Proposed Use: Medical Marijuana Treatment Center Variance: A request for a 9.1 foot rear yard setback where 20 feet is required for the C-3 Zoning district for an existing structure. Acreage: 0.36 acres Adjacent Uses: North: Multi-Family, FLUM classification of High Residential, 8 units per acre (HR-8). South: Vacant, FLUM classification of Local Retail Commercial (LRC) and zoned Mixed-Use Suburban District (SMU). East: Commercial, FLUM classification of Local Retail Commercial (LRC) and zoned Community Commercial (C-3) West: Commercial, FLUM classification Commercial High, with an Underlying HR-8 (CH-8) and zoned Neighborhood Commercial District (CN) BACKGROUND The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the eastern boundary. The site is currently has a Palm Beach County Future Land Use designation of CH/8 and is zoned Palm Beach County CHO. The parcel is currently developed with an existing 1,250 square foot structure with ancillary site improvements. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to LRC and C-3, respectively, which would permit a Medical Marijuana Treatment Center at this location. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezone. As such, the application is requesting a C -3 zoning designation. However, in order to rezone, the site must meet the requirements of the zoning district requested. As the site is already developed, the cu rrent location of the structure is 9.1 feet from the rear property line, while the C -3 zoning districts requires a minimum of 20 feet. The applicant is requesting a Variance for the rear yard setback of 9.1 feet where 20 feet is required. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. 798 Page 3 Curaleaf Florida LLC Annexation 2025.07.4275 3 Voluntary annexations are regulated by Chapter 171.0 44, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on July 2 1, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on September 12, 2025 notification of the Public Hearing was sent via certified mail. Comments will be provided to City Commission once received. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan , and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, wh ich would not be appropriate once the property is annexed into the City. Furthermore, the location has existing uses and structures and is developed. The proposed FLU classifications and proposed zoning allow for existing uses to be in compliance. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.4.1 The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial 799 Page 4 Curaleaf Florida LLC Annexation 2025.07.4275 4 districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city- initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the pro tection of the public welfare. This factor is not intended to exclude FLUM reclassification s and rezonings that would result in more desirable and sustainable growth for the community. The area is currently developed with a land use pattern established f or commercial along Boynton Beach Boulevard. While the request is a Future Land Use Map Amendment and Rezone, there is no real change to the use of the building. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and Rezoning designations will compliment the existing uses of the area as the area is already developed. The rezone and FLUM are required to applied at time of annexation. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. 800 Page 5 Curaleaf Florida LLC Annexation 2025.07.4275 5 Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Potable water is available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. Seet attached Traffic Letter, no adverse impacts are expected. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The area in question is already developed and is consistent with surrounding development for commercial and residential development. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The site is currently developed. If approved, the C-3 zoning district does not decrease any intensity or number of uses with high probable economic development benefits. If approved, the proposed use and any future modifications would benefit the City of Boynton Beach. 801 Page 6 Curaleaf Florida LLC Annexation 2025.07.4275 6 h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposal is for an area that is already developed as commercial. No changes are anticipated at this time. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion “a.”. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursua nt to Section 2.D.1.e above, both shall comply with the requirements of the respective zonin g district regulations of Chapter 3, Article III and the site development standards of Chapter 4. Section 2.D.1.e states that “A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district.” The proposed zoning district is a conventional zoning district, therefore this criterion does not apply. REVIEW BASED ON CRITERIA FOR VARIANCE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article IV, Section 4.D. These criteria are required to be part of a staff analysis when the propos al does not meet a dimensional standards established by the Land Development Regulations. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; The site is currently developed and was developed following Palm Beach County Regulations. The request is for Annexation, Future Land Use Map Amendment, and Rezone. The current structure has a rear setback of 9.1 feet where 20 feet is required. 802 Page 7 Curaleaf Florida LLC Annexation 2025.07.4275 7 In order to conform to the City of Boynton Beach Land Use Regulations, the applicant is required to request a Variance. If Variance is not approved, the application is deemed denied. b. That the special conditions and circumstances do not result form the action or inaction of the applicant; The current applicant is not responsible for the initial permitting of the structure which was completed in 1975. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures, or service systems; The granting of the variance will not confer any special privilege as there is canal located between the rear of the property and the multi-family development to the north creating an additional large separation. d. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and The requested variance is the minimum necessary to maintain the existing structure and permit reasonable use of the existing property. e. That the granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare. Granting of the variance will be in harmony with the general intent and purpose of this Code which allows for flexibility in addressing unique site conditions and to facilitate orderly development. RECOMMENDATION Staff has reviewed the proposed Annexation, Future Land Use Map Amendment, and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has reviewed the proposed Variance against the review criteria provided in Chapter 2, Article, IV, Section 4.D and has found the proposal to meet the aforementioned criteria. T herefore staff recommends that the request be approved. 803 City of Boynton Beach Agenda Item Request Form 8.M Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-032- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the Future Land Use Map of the City of Boynton Beach, Florida, for an approximately 0.36 acre parcel of real property located at 3604 Boynton Beach Boulevard, by changing the future land use classification from Palm Beach County's Commercial High with an underlying MR-8 (CH/8) to City of Boynton Beach's Local Retail Commercial (LRC); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-032, at first reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County, which has contiguity with the City of Boynton Beach on the eastern boundary. The site currently has a Palm Beach County Future Land Use designation of Commercial High, with an underlying MR-8 (CH/8), and is zoned Palm Beach County's Commercial High Office (CHO). The application submitted is an application to voluntarily annex the property into the City of Boynton Beach and change the Future Land Use Map to Local Retail Commercial (LRC), which would permit the requested uses at this location. How will this affect city programs or services? See Curaleaf Florida LLC Annexation for full analysis. Account Line Item and Description: N/A Fiscal Impact: See Curaleaf Florida LLC Annexation for full analysis. Attachments: Proposed_Ordinance_No._25-032- Curaleaf_Florida_Annexation_- _Future_Land_Use_Map_Amendment_Ordinance.docx Staff Report - Curaleaf Florida, LLC Exhibit A - Curaleaf Florida LLC Annexation - Legal Description and Survey Exhibit B - Existing and Proposed Future Land Use Map Business-impact-estimate_Agenda Item 3708-2025.docx 804 805 09.23.25 (IG) Page 1 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-032 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY 4 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, FOR AN APPROXIMATELY 0.36 ACRE PARCEL OF 6 REAL PROPERTY LOCATED AT 3604 BOYNTON BEACH BOULEVARD, 7 BY CHANGING THE FUTURE LAND USE CLASSIFICATION FROM PALM 8 BEACH COUNTY’S COMMERCIAL HIGH WITH AN UNDERLYING MR-8 9 (CH/8) TO CITY OF BOYNTON BEACH’S LOCAL RETAIL COMMERCIAL 10 (LRC); DECLARING THE PROPOSED AMENDMENT TO THE FUTURE 11 LAND USE MAP TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF 12 THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR 13 SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE 14 DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 17 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 18 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 19 and 20 WHEREAS, the existing area is located in unincorporated Palm Beach County that has 21 contiguity with the City of Boynton Beach on the eastern boundary (the “Property”), more 22 particularly described in Exhibit “A”; and 23 WHEREAS, the permitted uses within the Future Land Use Map category are compatible 24 with the surrounding and existing land uses; and 25 806 09.23.25 (IG) Page 2 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the Property owner has also applied to rezone the property from Palm Beach 26 County’s Commercial High Office (CHO) to City of Boynton Beach’s Community Commercial 27 District (C-3); and 28 WHEREAS, the procedure for amendment of a Future Land Use Element of a 29 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 30 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 31 Local Planning Agency and City Commission finds that the Future Land Use Map amendment is 32 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 33 Statutes; and 34 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 35 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 36 and 37 WHEREAS, after careful review of the application, staff has determined that the proposed 38 amendment complies with the City’s Comprehensive Plan and consistent with Section 163.3184, 39 Florida Statutes; and 40 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 41 which contains data and analysis supporting the Future Land Use Map amendment; and 42 WHEREAS, the City Commission finds that the proposed Future Land Use Map 43 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, 44 807 09.23.25 (IG) Page 3 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. and finds it in the best interest of the public to amend the Future Land Use Element of the 45 Comprehensive Plan as hereinafter provided. 46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 47 BOYNTON BEACH, FLORIDA: 48 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 49 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 50 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to 51 reflect the following: The City’s Future Land Use Map is hereby amended from Palm Beach 52 County’s Future Land Use Designation of Commercial High with an Underlying MR-8 (CH/8) to 53 City of Boynton Beach’s Future Land Use Designation of Local Retail Commercial (LRC) for a parcel, 54 as depicted in Exhibit “B.” 55 Section 3: Amendment to Future Land Use Map. The Director of Planning and 56 Zoning is further authorized to make the necessary changes as required to the Future Land Use 57 Map to reflect the above stated change. 58 Section 4: Authorization to Transmit. The City Manager or designee is hereby 59 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 60 provisions of the Community Planning Act, if required. 61 Section 5: Severability. The provisions of this Ordinance are declared to be 62 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 63 808 09.23.25 (IG) Page 4 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 64 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 65 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 66 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 67 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 68 Section 7: Effective Date. This Ordinance shall take effect immediately upon 69 adoption. 70 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 71 809 09.23.25 (IG) Page 5 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 72 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 73 CITY OF BOYNTON BEACH, FLORIDA 74 YES NO 75 76 Mayor – Rebecca Shelton _____ _____ 77 78 Vice Mayor – Woodrow L. Hay _____ _____ 79 80 Commissioner – Aimee Kelley _____ _____ 81 82 Commissioner – Angela Cruz _____ _____ 83 84 Commissioner – Thomas Turkin _____ _____ 85 86 VOTE ______ 87 ATTEST: 88 89 _____________________________ 90 Maylee DeJesús, MMC Rebecca Shelton 91 City Clerk Mayor 92 93 APPROVED AS TO FORM: 94 (Corporate Seal) 95 96 97 Shawna G. Lamb 98 City Attorney 99 810 09.23.25 (IG) Page 6 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 811 09.23.25 (IG) Page 7 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 812 09.23.25 (IG) Page 8 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 813 09.23.25 (IG) Page 9 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 814 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Gabe Sevigny, Principal Planner DATE: September 30, 2025 PROJECT: Curaleaf Florida LLC Annexation 2025.07.4275 REQUEST: Approve Curaleaf Florida LLC request for Annexation of 0.36 acres, Future Land Use Map Amendment from Palm Beach County’s Commercial High with an Underlying HR-8 (CH/8) to Local Retail Commercial (LRC) and rezoning from Palm Beach County’s Commercial High Office (CHO) to Community Commercial District (C-3) consisting of approximately 0.36 acres, site is located at 3604 West Boynton Beach Boulevard, and a Variance request for a rear yard setback of 9.1 feet where 20 feet is require for an existing structure. PROJECT DESCRIPTION Property Owner: OFS Property holdings LLC Applicant: Curaleaf Florida LLC Address: 3604 West Boynton Beach Boulevard Location: The north side of Boynton Beach Boulevard, approximately 400 feet west of the Knuth Road and Boynton Beach Boulevard intersection. Existing Land Use: Palm Beach County Commercial High with an Underlying MR-8 (CH/8) Proposed Land Use: Local Retail Commercial (LRC) Existing Zoning: Palm Beach County Commercial High Office (CHO) 815 Page 2 Curaleaf Florida LLC Annexation 2025.07.4275 2 Proposed Zoning: Community Commercial (C-3) Proposed Use: Medical Marijuana Treatment Center Variance: A request for a 9.1 foot rear yard setback where 20 feet is required for the C-3 Zoning district for an existing structure. Acreage: 0.36 acres Adjacent Uses: North: Multi-Family, FLUM classification of High Residential, 8 units per acre (HR-8). South: Vacant, FLUM classification of Local Retail Commercial (LRC) and zoned Mixed-Use Suburban District (SMU). East: Commercial, FLUM classification of Local Retail Commercial (LRC) and zoned Community Commercial (C-3) West: Commercial, FLUM classification Commercial High, with an Underlying HR-8 (CH-8) and zoned Neighborhood Commercial District (CN) BACKGROUND The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the eastern boundary. The site is currently has a Palm Beach County Future Land Use designation of CH/8 and is zoned Palm Beach County CHO. The parcel is currently developed with an existing 1,250 square foot structure with ancillary site improvements. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to LRC and C-3, respectively, which would permit a Medical Marijuana Treatment Center at this location. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezone. As such, the application is requesting a C -3 zoning designation. However, in order to rezone, the site must meet the requirements of the zoning district requested. As the site is already developed, the cu rrent location of the structure is 9.1 feet from the rear property line, while the C -3 zoning districts requires a minimum of 20 feet. The applicant is requesting a Variance for the rear yard setback of 9.1 feet where 20 feet is required. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. 816 Page 3 Curaleaf Florida LLC Annexation 2025.07.4275 3 Voluntary annexations are regulated by Chapter 171.0 44, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on July 2 1, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on September 12, 2025 notification of the Public Hearing was sent via certified mail. Comments will be provided to City Commission once received. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan , and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, wh ich would not be appropriate once the property is annexed into the City. Furthermore, the location has existing uses and structures and is developed. The proposed FLU classifications and proposed zoning allow for existing uses to be in compliance. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.4.1 The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial 817 Page 4 Curaleaf Florida LLC Annexation 2025.07.4275 4 districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city- initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the pro tection of the public welfare. This factor is not intended to exclude FLUM reclassification s and rezonings that would result in more desirable and sustainable growth for the community. The area is currently developed with a land use pattern established f or commercial along Boynton Beach Boulevard. While the request is a Future Land Use Map Amendment and Rezone, there is no real change to the use of the building. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and Rezoning designations will compliment the existing uses of the area as the area is already developed. The rezone and FLUM are required to applied at time of annexation. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. 818 Page 5 Curaleaf Florida LLC Annexation 2025.07.4275 5 Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Potable water is available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. Seet attached Traffic Letter, no adverse impacts are expected. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The area in question is already developed and is consistent with surrounding development for commercial and residential development. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The site is currently developed. If approved, the C-3 zoning district does not decrease any intensity or number of uses with high probable economic development benefits. If approved, the proposed use and any future modifications would benefit the City of Boynton Beach. 819 Page 6 Curaleaf Florida LLC Annexation 2025.07.4275 6 h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposal is for an area that is already developed as commercial. No changes are anticipated at this time. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion “a.”. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursua nt to Section 2.D.1.e above, both shall comply with the requirements of the respective zonin g district regulations of Chapter 3, Article III and the site development standards of Chapter 4. Section 2.D.1.e states that “A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district.” The proposed zoning district is a conventional zoning district, therefore this criterion does not apply. REVIEW BASED ON CRITERIA FOR VARIANCE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article IV, Section 4.D. These criteria are required to be part of a staff analysis when the propos al does not meet a dimensional standards established by the Land Development Regulations. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; The site is currently developed and was developed following Palm Beach County Regulations. The request is for Annexation, Future Land Use Map Amendment, and Rezone. The current structure has a rear setback of 9.1 feet where 20 feet is required. 820 Page 7 Curaleaf Florida LLC Annexation 2025.07.4275 7 In order to conform to the City of Boynton Beach Land Use Regulations, the applicant is required to request a Variance. If Variance is not approved, the application is deemed denied. b. That the special conditions and circumstances do not result form the action or inaction of the applicant; The current applicant is not responsible for the initial permitting of the structure which was completed in 1975. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures, or service systems; The granting of the variance will not confer any special privilege as there is canal located between the rear of the property and the multi-family development to the north creating an additional large separation. d. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and The requested variance is the minimum necessary to maintain the existing structure and permit reasonable use of the existing property. e. That the granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare. Granting of the variance will be in harmony with the general intent and purpose of this Code which allows for flexibility in addressing unique site conditions and to facilitate orderly development. RECOMMENDATION Staff has reviewed the proposed Annexation, Future Land Use Map Amendment, and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has reviewed the proposed Variance against the review criteria provided in Chapter 2, Article, IV, Section 4.D and has found the proposal to meet the aforementioned criteria. T herefore staff recommends that the request be approved. 821 822 823 824 825 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR AN APPROXIMATELY XXX ACRE PARCEL OF REAL PROPERTY LOCATED AT 3604 BOYNTON BEACH BOULEVARD, BY CHANGING THE FUTURE LAND USE CLASSIFICATION FROM PALM BEACH COUNTY’S COMMERCIAL HIGH WITH AN UNDERLYING MR-8 (CH/8) TO CITY OF BOYNTON BEACH’S LOCAL RETAIL COMMERCIAL (LRC); DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 826 Page 2 of 3 ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): In association with the Curaleaf Florida LLC Annexation, a property located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the eastern boundary is required to rezone from Palm Beach County’s Commercial High Office (CHO) to City of Boynton Beach’s Community Commercial District (C-3). The site currently has a Palm Beach County Future Land Use designation of Commercial High with an Underlying MR-8 (CH/8). The proposed amendment is to change the Future Land Use Map to City of Boynton Beach’s Local Retail Commercial (LRC), which would permit the requested uses at this location. The City Commission finds that the proposed Future Land Use Map amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, and finds it in the best interest of the public to amend the Future Land Use Element of the Comprehensive Plan. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE 827 Page 3 of 3 (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 828 City of Boynton Beach Agenda Item Request Form 8.N Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10/ 7/2025 Meeting Date: 10/ 7/2025 Proposed Ordinance No. 25-033- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Curaleaf Florida LLC annexation, amending ordinance no. 02-013 to rezone approximately 0.36 acres of unincorporated territory located at 3604 Boynton Beach Boulevard, from Palm Beach County's Commercial High Office (CHO) to City of Boynton Beach's Community Commercial District (C-3); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-033, at first reading. Explanation of Request: The existing area is located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the eastern boundary. The site is currently zoned Palm Beach County's Commercial High Office (CHO). While there is a concurrent application for annexation, a site is required to be rezoned to the City of Boynton Beach's zoning classification at the time of annexation. The request is for a rezone to City of Boynton Beach's Community Commercial (C-3) in association with the Curaleaf Florida LLC Annexation and is consistent with the current uses of the site and adjacent properties. How will this affect city programs or services? See Curaleaf Florida LLC for full analysis. Account Line Item and Description: N/A Fiscal Impact: See Curaleaf Florida LLC for full analysis. Attachments: Ordinance_No._25-033- Curaleaf_Glorida_LLC_Annexation_-_Rezoning_CHO_to_C-3.docx Staff Report - Curaleaf_Florida, LLC.doc Exhibit A - Curaleaf Florida LLC Annexation - Legal Description and Survey Exhibit B - Existing and Proposed Zoning Map Business-impact-estimate_Agenda Item 3709-2025.docx 829 09.23.25 (IG) Page 1 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-033 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, IN ASSOCIATION WITH THE CURALEAF 4 FLORIDA LLC ANNEXATION, AMENDING ORDINANCE NO. 02-013 TO 5 REZONE APPROXIMATELY 0.36 ACRES OF UNINCORPORATED 6 TERRITORY LOCATED AT 3604 BOYNTON BEACH BOULEVARD, FROM 7 PALM BEACH COUNTY’S COMMERCIAL HIGH OFFICE (CHO) TO CITY 8 OF BOYNTON BEACH’S COMMUNITY COMMERCIAL DISTRICT (C-3); 9 DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH 10 THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR 11 SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 15 No. 02-013, establishing an official zoning map of the City; and 16 WHEREAS, the existing area is located in unincorporated Palm Beach County that has 17 contiguity with the City of Boynton Beach on the eastern boundary and is generally located at 18 3604 Boynton Beach Boulevard (the “Property”), more particularly described in Exhibit “A”; and 19 WHEREAS, in association with the Curaleaf Florida LLC annexation, the Property is 20 required to rezone from Palm Beach County’s Commercial High Office (CHO) to City of Boynton 21 Beach’s Community Commercial District (C-3); and 22 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 23 advertised hearing received testimony and evidence related to the application and found that the 24 rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, 25 Florida Statutes; and 26 830 09.23.25 (IG) Page 2 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 27 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 28 and 29 WHEREAS, after careful review of the application, staff has determined that the proposed 30 rezoning is consistent with an amendment to the Future Land Use Map, which was 31 contemporaneously considered and approved by the City Commission, complies with the City’s 32 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 33 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 34 which contains data and analysis supporting the rezoning; and 35 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 36 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 37 Regulations, and the City Commission deems it to be in the best interest of the public to amend 38 the City’s Zoning Map as further set forth herein. 39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 40 BOYNTON BEACH, FLORIDA: 41 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 42 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 43 831 09.23.25 (IG) Page 3 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 44 Palm Beach County’s Commercial High Office (CHO) to City of Boynton Beach’s Community 45 Commercial District (C-3), and the City’s Official Zoning Map shall be amended accordingly. 46 Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 47 further authorized to make the necessary changes, as depicted in Exhibit B, as required to the 48 City’s Official Zoning Map to reflect the above-stated changes. 49 Section 4: Authorization to Transmit. The City Manager or designee is hereby 50 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 51 provisions of the Community Planning Act, if required. 52 Section 5: Severability. The provisions of this Ordinance are declared to be 53 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 54 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 55 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 56 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 57 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 58 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 59 Section 7: Effective Date. This Ordinance shall take effect immediately upon 60 adoption. 61 Signatures on following page 62 832 09.23.25 (IG) Page 4 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 63 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 64 CITY OF BOYNTON BEACH, FLORIDA 65 YES NO 66 67 Mayor – Rebecca Shelton _____ _____ 68 69 Vice Mayor – Woodrow L. Hay _____ _____ 70 71 Commissioner – Aimee Kelley _____ _____ 72 73 Commissioner – Angela Cruz _____ _____ 74 75 Commissioner – Thomas Turkin _____ _____ 76 77 VOTE ______ 78 ATTEST: 79 80 _____________________________ 81 Maylee DeJesús, MMC Rebecca Shelton 82 City Clerk Mayor 83 84 APPROVED AS TO FORM: 85 (Corporate Seal) 86 87 88 Shawna G. Lamb 89 City Attorney 90 833 09.23.25 (IG) Page 5 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 834 09.23.25 (IG) Page 6 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 835 09.23.25 (IG) Page 7 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map 836 09.23.25 (IG) Page 8 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 837 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Gabe Sevigny, Principal Planner DATE: September 30, 2025 PROJECT: Curaleaf Florida LLC Annexation 2025.07.4275 REQUEST: Approve Curaleaf Florida LLC request for Annexation of 0.36 acres, Future Land Use Map Amendment from Palm Beach County’s Commercial High with an Underlying HR-8 (CH/8) to Local Retail Commercial (LRC) and rezoning from Palm Beach County’s Commercial High Office (CHO) to Community Commercial District (C-3) consisting of approximately 0.36 acres, site is located at 3604 West Boynton Beach Boulevard, and a Variance request for a rear yard setback of 9.1 feet where 20 feet is require for an existing structure. PROJECT DESCRIPTION Property Owner: OFS Property holdings LLC Applicant: Curaleaf Florida LLC Address: 3604 West Boynton Beach Boulevard Location: The north side of Boynton Beach Boulevard, approximately 400 feet west of the Knuth Road and Boynton Beach Boulevard intersection. Existing Land Use: Palm Beach County Commercial High with an Underlying MR-8 (CH/8) Proposed Land Use: Local Retail Commercial (LRC) Existing Zoning: Palm Beach County Commercial High Office (CHO) 838 Page 2 Curaleaf Florida LLC Annexation 2025.07.4275 2 Proposed Zoning: Community Commercial (C-3) Proposed Use: Medical Marijuana Treatment Center Variance: A request for a 9.1 foot rear yard setback where 20 feet is required for the C-3 Zoning district for an existing structure. Acreage: 0.36 acres Adjacent Uses: North: Multi-Family, FLUM classification of High Residential, 8 units per acre (HR-8). South: Vacant, FLUM classification of Local Retail Commercial (LRC) and zoned Mixed-Use Suburban District (SMU). East: Commercial, FLUM classification of Local Retail Commercial (LRC) and zoned Community Commercial (C-3) West: Commercial, FLUM classification Commercial High, with an Underlying HR-8 (CH-8) and zoned Neighborhood Commercial District (CN) BACKGROUND The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the eastern boundary. The site is currently has a Palm Beach County Future Land Use designation of CH/8 and is zoned Palm Beach County CHO. The parcel is currently developed with an existing 1,250 square foot structure with ancillary site improvements. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to LRC and C-3, respectively, which would permit a Medical Marijuana Treatment Center at this location. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezone. As such, the application is requesting a C -3 zoning designation. However, in order to rezone, the site must meet the requirements of the zoning district requested. As the site is already developed, the cu rrent location of the structure is 9.1 feet from the rear property line, while the C -3 zoning districts requires a minimum of 20 feet. The applicant is requesting a Variance for the rear yard setback of 9.1 feet where 20 feet is required. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. 839 Page 3 Curaleaf Florida LLC Annexation 2025.07.4275 3 Voluntary annexations are regulated by Chapter 171.0 44, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on July 2 1, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on September 12, 2025 notification of the Public Hearing was sent via certified mail. Comments will be provided to City Commission once received. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan , and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, wh ich would not be appropriate once the property is annexed into the City. Furthermore, the location has existing uses and structures and is developed. The proposed FLU classifications and proposed zoning allow for existing uses to be in compliance. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.4.1 The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial 840 Page 4 Curaleaf Florida LLC Annexation 2025.07.4275 4 districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city- initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the pro tection of the public welfare. This factor is not intended to exclude FLUM reclassification s and rezonings that would result in more desirable and sustainable growth for the community. The area is currently developed with a land use pattern established f or commercial along Boynton Beach Boulevard. While the request is a Future Land Use Map Amendment and Rezone, there is no real change to the use of the building. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and Rezoning designations will compliment the existing uses of the area as the area is already developed. The rezone and FLUM are required to applied at time of annexation. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. 841 Page 5 Curaleaf Florida LLC Annexation 2025.07.4275 5 Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Potable water is available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. Seet attached Traffic Letter, no adverse impacts are expected. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The area in question is already developed and is consistent with surrounding development for commercial and residential development. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The site is currently developed. If approved, the C-3 zoning district does not decrease any intensity or number of uses with high probable economic development benefits. If approved, the proposed use and any future modifications would benefit the City of Boynton Beach. 842 Page 6 Curaleaf Florida LLC Annexation 2025.07.4275 6 h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposal is for an area that is already developed as commercial. No changes are anticipated at this time. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion “a.”. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursua nt to Section 2.D.1.e above, both shall comply with the requirements of the respective zonin g district regulations of Chapter 3, Article III and the site development standards of Chapter 4. Section 2.D.1.e states that “A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district.” The proposed zoning district is a conventional zoning district, therefore this criterion does not apply. REVIEW BASED ON CRITERIA FOR VARIANCE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article IV, Section 4.D. These criteria are required to be part of a staff analysis when the propos al does not meet a dimensional standards established by the Land Development Regulations. a. That special circumstances exist that are peculiar to the building, structure, or service system involved, and which are not applicable to others; The site is currently developed and was developed following Palm Beach County Regulations. The request is for Annexation, Future Land Use Map Amendment, and Rezone. The current structure has a rear setback of 9.1 feet where 20 feet is required. 843 Page 7 Curaleaf Florida LLC Annexation 2025.07.4275 7 In order to conform to the City of Boynton Beach Land Use Regulations, the applicant is required to request a Variance. If Variance is not approved, the application is deemed denied. b. That the special conditions and circumstances do not result form the action or inaction of the applicant; The current applicant is not responsible for the initial permitting of the structure which was completed in 1975. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures, or service systems; The granting of the variance will not confer any special privilege as there is canal located between the rear of the property and the multi-family development to the north creating an additional large separation. d. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure, or service system; and The requested variance is the minimum necessary to maintain the existing structure and permit reasonable use of the existing property. e. That the granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety, and general welfare. Granting of the variance will be in harmony with the general intent and purpose of this Code which allows for flexibility in addressing unique site conditions and to facilitate orderly development. RECOMMENDATION Staff has reviewed the proposed Annexation, Future Land Use Map Amendment, and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has reviewed the proposed Variance against the review criteria provided in Chapter 2, Article, IV, Section 4.D and has found the proposal to meet the aforementioned criteria. T herefore staff recommends that the request be approved. 844 845 846 847 848 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN ASSOCIATION WITH THE CURALEAF FLORIDA LLC ANNEXATION, AMENDING ORDINANCE NO. 02-013 TO REZONE APPROXIMATELY 0.36 ACRES OF UNINCORPORATED TERRITORY LOCATED AT 3604 BOYNTON BEACH BOULEVARD, FROM PALM BEACH COUNTY’S COMMERCIAL HIGH OFFICE (CHO) TO CITY OF BOYNTON BEACH’S COMMUNITY COMMERCIAL DISTRICT (C-3); DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 849 Page 2 of 3 ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): In association with the Curaleaf Florida LLC Annexation, a property located in unincorporated Palm Beach County that has contiguity with the City of Boynton Beach on the eastern boundary is required to rezone from Palm Beach County’s Commercial High Office (CHO) to City of Boynton Beach’s Community Commercial District (C-3). The City Commission finds that the proposed rezoning is consistent with the surrounding and existing land uses, the City's Comprehensive Plan and Land Development Regulations, and the City Commission deems it to be in the best interest of the public to amend the City’s Zoning Map. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 850 Page 3 of 3 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 851 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 10/ 7/2025 Meeting Date: 10/ 7/2025 Conduct annual performance evaluation for Daniel Dugger, City Manager. Requested Action: Pursuant to the City Manager's appointment agreement, the City Commission will provide the City Manager with a performance evaluation no less than annually. This will be Mr. Dugger's third performance evaluation. Explanation of Request: The City Manager's employment letter states the Commission will provide the City Manager with a performance evaluation no less than annually, utilizing a process, criteria, and format for the evaluation which shall be agreed upon by the members of the Commission in consultation with the City Manager. The City Commission was requested to complete the evaluation form based on his/her assessment of the City Manager in various categories, including Leadership and Vision, Financial Management, Personnel Management, Communication Skills, Intergovernmental Relations, Project/Program Management, Strategic Planning, and Ethics & Integrity. In conjunction with any review of performance, the Commission may increase the base salary and/or other benefits of the City Manager in such amounts and to such extent as the Commission may determine is proper. The Commission may, from time to time, grant the City Manager a performance bonus, provided the bonus is granted in accordance with section 215.425, Florida Statutes. How will this affect city programs or services? No impact. Budgeted Item: Yes Account Line Item and Description: Salaries 001-1210-512.12-10 Fiscal Impact: Subject to Commission recommendation . Attachments: City Major Accomplishments City Manager Performance Review-Short.pdf 852 Major Accomplishments 853 Building the Future of Boynton Beach Together A city transformed by innovation, strengthened by growth, and defined by resilience. Guided by the City Manager and driven by every department, our progress is built on accountability and performance. Investing in residents, supporting businesses, and strengthening neighborhoods. Producing real results and shaping a stronger, more connected Boynton Beach. 854 Executive Summary: At a Glance ●Capital Investment:183 projects totaling $23.6M, including the largest resurfacing program in city history ($8.67M). ●Housing & Industry: 3,859+ housing units approved; 1.3M+ sq. ft.of new industrial space delivered. ●Public Safety: Fully staffed Fire and Police; response times steady at 4:16; violent crime down 17% since 2022. ●Modernization:Paperless permitting, 24/7 instant permits, smart traffic systems, and citywide Wi-Fi, saving $60K annually. ●Economic Growth:3,181+ businesses (+15%); $120K annually in small business grants. ●Community & Culture: Library of the Year, CAPRA re-accreditation, 133K+ cultural event impressions. ●Financial Stewardship:Millions saved through self-insurance, $500K in new revenue, $300K procurement savings. ●Resilience:Class 5 flood insurance rating (25% discount) with Class 4 in progress; major upgrades to utilities and stormwater. ●Recognition: National and state honors, including Library of the Year and 100 Best Fleets. 855 Citywide Impact ●Town Square Redevelopment advancing as centerpiece of revitalization. ●Health Insurance Conversion (2023):self-insured model delivering millions in savings. ●183 projects completed across parks, utilities, roads, and facilities. ●Record resurfacing program: $8.67M. ●Community Engagement: Taste of Boynton, PAL Youth Sports, Home of the Month. ●Holiday Dinner Basket Initiative:80 families (2022) → 200 (2023) → 200 (2024) → Target 300 (2025). 856 City Clerk Accomplishments ●Transitioned from Novus Agenda to Peak Agenda Management System. ●Upgraded GovQA for more efficient public records. ●Transitioned from American Legal to Municode for ordinance services. ●Onboarded Cemetery software program (finalizing) for improved access to loved ones’ records. ●Achieved major annual cost savings by switching legal notices online (vs. PB Post). ●Oversight of the Holiday Dinner Basket Initiative. 857 Planning & Development Key Accomplishments ●Adopted the 5-Year Economic Development Plan for strategic growth and investment. ●Established the Vacant Storefront Program to reduce blight and improve commercial corridors. ●Launched a Ribbon Cutting Program celebrating new businesses. ●Created the Entrepreneurship Academy (64 applicants, 31 graduates). ●Partnered with Palm Beach State College for Excel training (11 graduates, 4 laptops donated by Baptist Health). ●Awarded $120K annually in small business grants. ●Approved 30+ development projects and 3,859+ new housing units. ●Delivered 1.3M+ sq. ft. industrial space to strengthen jobs and revenues. ●Completed an Annexation Study. ●Streamlined the Land Development Permit process. ●Expanded the Public Art Program. 858 Planning & Development Strategic Plan Accomplishments ●SP 1.7 Revenue Growth:Adopted Mobility Plan + Fee, established Police Impact Fee, updated Parks & Rec Impact Fee. ●SP 2.1.2 Comp Plan:Consultant team selected; robust public engagement initiated. ●SP 2.2.2 Downtown Projects:2,500+ new residential units approved; projects advancing. ●SP 3.5.1 Branding & Marketing:Produced Quarterly Reports, Development Portfolio, Annual Report, Dining Guide, Housing Guide, Wellness Guide, Business Guide, Hurricane Preparedness flyer, and Industry Map. Growth Metrics 859 Building & Development Services (Modernization) ●Sages permitting platform:fully paperless. ●24/7 Instant Permitting (A/C, heaters, soundproofing, electrical). ●Video Inspection Program (VIP)pilot reducing field time. ●Fire Instant Permits (≤20 devices) to meet HB 551 (2025). ●Community Rating System: Class 5 rating (25% flood discount); pursuing Class 4 (30%). 860 Building & Development Results ●Instant permits submitted:1,511. ●Building Recertification:103 buildings; 59 certificates issued. ●Permit Fees:$4.2M (2024) → $4.95M (2025). ●Permit Valuation:$684M (2023) → $1.08B (2024) → $1.15B (2025). ●Permits Issued:7,773 → 8,358 → 8,071. ●Inspections:25,166 → 28,288 → 24,138. ●Customer Satisfaction:90.2% (2024) → 91.36% (2025). 861 Utilities: Workforce & Efficiency ●Reduced vacancies 40% → 5%. ●Improved well redundancy: 50% (2021) → 93% (2024). ●Digitized 80% of legacy records. ●Implemented field redline apps + incident tracking (2,041 incidents logged since 2024). ●Completed Lead & Copper Project early. ●Passed NPDES audit with 100% compliance. ●FOG Program:570 inspections since April 2022. 862 Utilities: Capital & Resilience Capital Portfolio (FY24–25):$56.95M. Funding Wins: ●$4.8M forgivable loan (treatment). ●$1.3M FEMA grant (flood reduction). ●$1.5M Coquina Cove drainage. ●$800K Lakeside Gardens improvements. ●$875K appropriations; $1M+ resilience planning. Key Projects: ●NW 3rd St flood reduction ($10M; $1.7M FEMA funded). ●$300K beachfront sewer rehab. ●$2.1M generator resilience project (completion Jan 2026). ●Oceanfront Park new lift station (completion Feb 2026). ●HSP 5 & 6 near completion (Oct 2025). ●Wells 4, 5, 7 & 8 near completion (Nov 2025). ●Lab renovation (completion Feb 2026). ●Lift Station 317 – design 100% expected Dec 2025. Standards:ISO 14001 EMS, ISO 55000 asset management, CMOM study in progress. 863 Utilities: Field Performance ●20,000+LF sewer lined; 3,300 LF mains replaced. ●13,000 hydrants tested; 10,000 valves verified. ●10 lift stations rehabilitated; 18 ARVs replaced. ●700+service lines replaced. ●Manhole inspection program established. 864 Financial Services Department ●Converted healthcare plans to self-insured. ●Extended DROP period for pensions (5 → 8 years). ●Cash management improvements = $500k additional revenue. ●PO turnaround: 62 days → <1 week. ●NAPA contract conversion = $300k savings (2025). ●Updated Pcard + Travel policies → Pcard spend cut from $130k → $70k/month ●ERP secured at 60% list price. ●Outsourced Tennis Center → $150k annual cashflow improvement. ●GFOA 8 years Certificate of Achievement (ACFR & Budget Book). ●Rolled out eProcurement & Procurement Policy update. ●Financial oversight for Townsquare & Utility debt finacing. ●Joined CO-Op for sod purchasing. ●Secured annual FEMA reimbursements & capital grants. ●Implemented Laserfiche + PO Dashboard + closeout tracker. 865 Fire Rescue Department ●Expanded Dive Rescue Program + ocean rescue training. ●Grew EMS transport & Fire Prevention revenue. ●Major additions: Public Safety Dock, Fire Boat, Phoenix Station System. ●Adopted hybrid emergency vehicles. ●Registered for CFAI Accreditation. ●Distributed 2,000 Thanksgiving meals (FY24/25). ●Maintained average response time: 4:16. 866 Police Department ●Crime Trends: ○2022-2023: Violent crime ↓ 2.25%, arrests ↑ 49% ○2024: Violent crime ↓ 15% vs. 2023 (total ↓ 17% since 2022). ○Arrests ↑ 51% vs. 2022. ●Fully staffed department. ●Launched Desk Officer Program. ●Established Human Exploitation Task Force. ●Deployed School Speed Enforcement Cameras. ●Acquired new SWAT truck. ●Expanded PAL programs (Baseball, Lacrosse, Fishing). ●Launched Operation Trackside for community policing. 867 Human Resources Key Initiatives ●Implemented Evergreen Compensation Study & Pay Plan (FY23-24). ●Converted Personnel Policy Manual → Employee Handbook (2023). ●Negotiated CBAs: ○PBA Captains (2023, 2025). ○IAFF (2023, 2024). ○SEIU (2023). ●Extended DROP period (5 → 8 years). ●Converted healthcare to self-insured (2023). ●Opened wellness & workout facility (City Hall, 2023). ●Implemented Leadership Certificate Programs: ○Emerging Leader 2024: 23 graduates. ○Emerging Leader 2025: 24 graduates. ○Blueprint 2024: 44 participants. ○Blueprint 2025: 36 participants. Modernization & Structure ●Restructured HR organization (2024). ●HRIS implementation (2024). ●Re-established ADA compliance as HR function. ●Launched HR Client Services model. ●Created Employee/Labor Relations role. ●Revised Employee Handbook + policies with 100% acknowledgement (July 2025). Goals ●Implement new ERP. ●Review healthcare plans. ●CAREATC Clinic initiative to boost utilization. 868 Innovation & Technology ●Deployed smart traffic systems. ●Installed citywide Wi-Fi. ●Achieved full cybersecurity compliance. ●Automated hiring + workflows. ●Digitized records for improved access. ●Saved $60K annually via communications optimization. ●Adopted AI governance + cloud optimization. ●Service requests handled at 85% SLA. 869 Public Works Beautification & Streets: ●Produced audit booklet. ●FDOT interchange landscaping. ●Upgraded signage + traffic calming. Parks & Grounds: ●Internalized maintenance, expanded coverage. ●In-house tree trimming program. Sanitation: ●GPS + automation → 50% fewer missed pickups ●Expanded service without fleet growth. ●Refurbished 200+ dumpsters. ●Implemented Samsara safety tech. Fleet Services: ●Integrated AssetWorks + tablets + telematics. ●Extended service hours. ●Hybrid vehicle integration. ●Recognitions: 100 Best Fleets (2022, 2024, 2025) & Top 50 Leading Fleets (2025). Facilities: ●ADA/code upgrades ●Expanded in-house preventative maintenance. Construction: ●MLK Blvd, Pence Park, Senior Center, Jaycee Park ●Interim downtown parking ●Ezell Hester Stadium, Harvey Oyer Park, Pioneer Canal Boat Ramp. Finance Team Support: ●Centralized processes; dashboards. ●Corrected fleet budget shortfall ●improved audit compliance. 870 Recreation, Culture, & Library Recreation/Parks: ●CAPRA accreditation. ●Major upgrades: Wilson Park, Jaycee Dog Park, Galaxy Park fields. ●Hosted Boca Bowl & Honduras training. Arts/Culture: ●Woman’s Club Centennial ●Kinetic Biennial & Haitian Celebration (133K+ views). ●Sip & Paint (sold out). ●Secured $36k+ grant. ●Venue upgrades (Dec 2025). The Links Golf Course: ●Record revenues: $2.7–$3.6M FY estimate. ●500+ loyalty passes sold. ●$230K merchandise sales. ●90 new lithium carts + GPS fleet tech. ●10,000+ in email database. Library: ●Library of the Year (2023). ●991+ trained in tech/business. ●91 Virtual Zone sessions. ●33 Career HS Online graduates. ●ESOL, Homework Help, Small Business Initiative. ●Summer Reading campaign with school principals. 871 Community, Engagement, & Events ●Taste of Boynton: 1,000+ tickets annually. ●Pirate Fest:Expanded regional draw. ●First Friday @ 5:Monthly programming + proclamations. ●Awards:15 consecutive event recognitions. ●Social Media Growth: +150% across platforms. ●Holiday Tree Lighting:Drone show (2024). ●Partnerships with Police, Fire, CRA, & nonprofits ●Unity Project:March, festival, public art. 872 Recognition National & State Recognition: ●Library of the Year (FLA, 2023). ●CAPRA Accreditation for Parks & Recreation. ●100 Best Fleets in the Americas (2022, 2024, 2025). ●Top 50 Leading Fleets (2025). ●15 consecutive awards for events & cultural programming. 873 Code Enforcement Department ●Hanlon House Restoration (2025):Collaborative project restoring veteran’s home damaged since Hurricane Irma. ●FY22/23:Formal officer training program. ●Ongoing:Removed 3,000+ lbs. debris via monthly “Third Friday” cleanups. ●FY23/24:Federal Highway & Seacrest Beautification Initiatives. ●Feb 2024:Created Solid Waste Compliance Officer position. ●Nov 2024:First-ever semi-annual Code Enforcement Workshop. ●FY24/25:“Home of the Month” initiative launched. ●FY24/25:HERA Property Registry → $22,500 revenue in first 6 months. ●FY24/25:Rolled out SagesGov Code module for inspections/case management. 874 Office of Internal Investigations & Accountability ●Created office; reduced investigation turnaround by 71.4%. ●Established reporting hotline + online portal. ●Enabled anonymous reporting. ●Acquired case management software with: ○Consistent case handling. ○Proper records retention. ○Statistical reporting. ●Built partnerships with Palm Beach County OIG & Ethics Commission. ●Collaborated with internal legal, HR, and finance teams. ●Conducted proactive audits reducing costs and improving SOPs. ●Expanded staff (1 full-time, 1 part-time investigator). Metrics: ●Investigation length: 114 days (2021 HR) → 33.9 days (2025 OIIA) → -70%. ●Cases handled: 8 (2021 HR) → 43 (2025 OIIA) → +438%. 875 Closing We did not just keep pace. We set the pace. ●Record-breaking infrastructure investment. ●Modernized services across every department. ●Safer, stronger, more engaged community. ●Positioned for continued success well into the future. 876 City Manager Performance Review Name of City Manager: [Insert Name] Review Period: [Start Date] to [End Date] Date of Review: [Insert Date] Leadership and Vision (Rate 1-5, 5 being excellent) 1. Sets clear direction for the City: ____ 2. Implements City Commission's vision effectively: ____ 3. Demonstrates innovative thinking: ____ Financial Management (Rate 1-5) 1. Budget preparation and oversight: ____ 2. Fiscal responsibility and transparency: ____ 3. Seeking alternative funding sources: ____ Personnel Management (Rate 1-5) 1. Staff development and motivation: ____ 2. Recruitment and retention of key personnel: ____ 3. Promoting a positive work culture: ____ Communication Skills (Rate 1-5) With City Commission: ____ With City Staff: ____ With the public and media: ____ Intergovernmental Relations (Rate 1-5) Relationships with other local governments: ____ State and federal agency interactions: ____ Representation of City interests: ____ Community Engagement (Rate 1-5) Responsiveness to community needs: ____ Public outreach and transparency: ____ Fostering public-private partnerships: ____ 877 Project and Program Management (Rate 1-5) Oversight of major City initiatives: ____ Timely implementation of Commission decisions: ____ Effective problem-solving: ____ Strategic Planning (Rate 1-5) Long-term planning for city growth: ____ Alignment of operations with strategic goals: ____ Adaptability to changing circumstances: ____ Ethics and Integrity (Rate 1-5) Adherence to ethical standards: ____ Transparency in decision-making: ____ Promoting ethical culture citywide: ____ Overall Performance Rating (1-5): ____ Key Accomplishments: 1. 2. 3. Areas for Improvement: 1. 2. 3. Goals for Next Review Period: 1. 2. 3. Additional Comments: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Reviewer's Signature: ________________________ Date: ___________ City Manager's Signature: ____________________ Date: ____________ 878 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 10/ 7/2025 Meeting Date: 10/ 7/2025 Conduct the annual performance evaluation for Shawna Lamb, City Attorney. Requested Action: Pursuant to the City Attorney's appointment agreement, the City Commission will provide the City Attorney with a performance evaluation no less than annually. This will be Ms. Lamb's third performance evaluation. Explanation of Request: The City Attorney's employment letter states that the Commission will provide the City Attorney with a performance evaluation no less than annually, utilizing a process, criteria, and format for the evaluation that shall be agreed upon by the members of the Commission. The City Commission was requested to complete the evaluation form based on his/her assessment of the City Attorney in various categories, including Legal Expertise and Counsel, Management and Leadership, Communication and Relationships, Litigation Management, Ethics and Integrity, Timeliness and Efficiency, and Strategic Planning and Risk Management. In conjunction with any review of performance, the Commission may increase the base salary and/or other benefits of City Attorney in such amounts and to such extent as the Commission may determine is proper. The Commission may, from time to time, grant the City Attorney a performance bonus, provided the bonus is granted in accordance with section 215.425, Florida Statutes. How will this affect city programs or services? No impact. Budgeted Item: Yes Account Line Item and Description: Salaries 001-1910-514.12-10 Fiscal Impact: Subject to Commission recommendation. Attachments: CAO Commission Presentation 24-25.pptx CAO Year End Report Final.pdf City_Attorney_Performance_Review.docx 879 FY 24/25 Year-End Report & Performance Review Office of the City Attorney Shawna G. Lamb, Esq. 880 Major Accomplishments • Secured $8.4M PFAS settlement • Negotiated Fire/EMS &Utilities agreements • Established Fire & Canal Assessments • Resolved East Boynton Little League dispute • Protected Harvey Oyer Jr. Park access • Completed police collective bargaining & handbook update 881 Governance & Operations • Drafted 355 Resolutions &33 Ordinances • Updated Procurement Policy • Reviewed 584 Contracts, Established 31 new CCNA Contracts • Supported ERP System,Charter Review, Tennis Center • Advanced Annexation Efforts 882 Risk Management Highlights • Decreased claim payments by 28.9% rate • 95% of employees returned to full duty • Completed 37 facility risk assessments • Negotiated $228,696 in insurance premium savings 883 Leadership Impact •Strategic priorities set & executed •Reduced reliance on outsidecounsel •Increased revenue throughagreements •Mentored staff for efficiency &professionalism •Delivered sustainable practices •$20+ million in value under myleadership 884 The Bottom Line: Value Delivered • Over $20 million in total value delivered • $8.4M PFAS settlement • Outside counsel costs reduced by $176,089 • Fire & Canal Assessments: $10M+ • Interlocal agreements: $9M+ revenue • Utilities agreement: $750K annually 885 Market Comparison – City Attorney Compensation for Fiscal Year 24/25* Boca Raton: $285,000 Delray Beach: $267,030 Riviera Beach: $248,062 Wellington: $243,000 Boynton Beach: $236,900 *THESE SALARIES ARE FROM FISCAL YEAR 24/25* Compensation Alignment • Request: 8–10% raise • Reflects measurable $20M+ impact • Aligns pay with performance outcomes • Ensures stability & retention of proven leadership • Aligns with market peers 886 QUESTIONS? 887 The City of Boynton Beach Page 1 of 4 OFFICE OF THE CITY ATTORNEY 100 E. Ocean avenue P.O. Box 310 Boynton Beach, Florida 33425- 0310 (561) 742-6050 FY 24 -25 Year-End Report to City Commission From the Office of the City Attorney September 29, 2025 As we close out another productive year, I am pleased to present this summary of my office’s accomplishments and the value we delivered to the City in fiscal year 24/25. This has been a year of significant achievements, cost savings, and strategic wins that have strengthened the City’s legal position while protecting taxpayer dollars. THE BOTTOM LINE: VALUE DELIVERED Let me start with what matters most to you and the residents — the financial impact. This year, our office delivered substantial value through direct savings, revenue generation, and cost avoidance. Direct Savings to the City • Outside Attorney Fees Reduced: We cut outside counsel costs by $176,089.00 compared to last year, handling more matters in-house. • Foreclosure/Contingent Lien Settlement (440 Ocean): We negotiated a strategic settlement and resolved other code/foreclosure matters through favorable settlements. Revenue Generated for the City • Asset Forfeiture Program: Through our crime reduction efforts, we succeeded in forfeiting $34,410 and 4 vehicles to the City. We are currently in the process of forfeiting an additional $451,975, one home, one boat and trailer, 11 vehicles, and various items of jewelry. • Foreclosures: We obtained one property valued at $368,200 and have two additional properties in current litigation. • Fire and Canal Assessments: We worked with staff to establish proper assessment processes and prepare all requisite resolutions and notices, enabling the City to impose assessments exceeding $10 million this year. • PFAS Settlement: The City’s participation in the multi-district litigation against PFAS manufacturers resulted in a multi-million-dollar settlement of $8.4 million for the City. • Fire Services Interlocal Agreements: o Town of Hypoluxo: 10-year agreement generating approximately $5.5–$6 million in revenues over the term. 888 Page 2 of 4 o Village of Golf: 10-year agreement generating approximately $3.1–$3.5 million in revenues over the term. • Utilities Interlocal Agreement: 25-year agreement with the Town of Gulf Stream for bulk potable water services, generating approximately $750,000 annually. Total Financial Impact: Over $20 million in value delivered to the City this year. MAJOR ACCOMPLISHMENTS THIS YEAR We Secured a Major Environmental Settlement One of the highlights of our year was successfully securing the City’s participation in the national PFAS litigation settlement. Through careful coordination with co-counsel and strategic positioning in the multi-district litigation, we obtained $8.4 million for the City. This represents one of the most significant recoveries in the City’s history. We Negotiated Major Revenue-Generating Agreements We completed multiple interlocal agreements that will generate substantial revenue for the City over the coming years. Working closely with the Fire Department, we negotiated two separate 10- year agreements — one with the Town of Hypoluxo and another with the Village of Golf — for Fire Rescue and Emergency Medical Services. Combined, these agreements will generate approximately $8.6–$9.5 million. We also assisted the Utilities Department with a 25-year agreement with the Town of Gulf Stream for bulk potable water services, creating a reliable $750,000 annual revenue stream. We Established Critical Assessment Programs Working with staff, we developed and implemented Fire Assessment and Canal Assessment programs. Our office prepared all requisite resolutions and notices to ensure the City could properly impose assessments exceeding $10 million this year. We Resolved Long-Standing Issues We resolved the East Boynton Beach Little League situation through a new agreement that saved the City significant legal costs, restored a vital community partnership, and generated revenue. We Protected Community Assets We successfully negotiated and secured a restrictive covenant at Harvey Oyer, Jr. Park, guaranteeing perpetual public access to the waterfront. This ensures a lasting community legacy for future generations. Advanced Labor Relations and Employee Policies We completed complex police collective bargaining negotiations, overhauled the City’s employee handbook, and drafted new administrative policies that reduce liability while giving employees clearer guidance. 889 Page 3 of 4 STRENGTHENING CITY GOVERNANCE AND OPERATIONS Legislative Excellence We drafted 355 resolutions and 33 ordinances this year, including key measures on artificial turf, campaign filing fees, sign bonds, candidate qualifications, and school zone safety. Procurement and Contract Modernization We updated the City’s procurement policy with the Procurement Director, ensuring competitive, fair, and efficient processes. This year, we reviewed and negotiated 584 municipal contracts and established 31 new CCNA contracts. KEEPING THE CITY RUNNING SMOOTHLY Enhanced Events and Sponsorships We provided legal support for more than 50 City events and drafted a new sponsorship policy that increases revenue opportunities while ensuring compliance with ethical standards. Support for Major Initiatives We supported ERP system implementation, guided the Charter Review Committee, handled the Tennis Center solicitation and contract, advanced annexation efforts, and recovered surplus funds from tax deed sales. Litigation Management We managed 26 active litigation cases, two appellate matters, 505 Traffic Ticket cases, 11 foreclosure defense cases, and 86 releases of lien. The standout was our successful participation in the PFAS multi-district litigation. Our approach — handling routine litigation in-house and using outside counsel only for specialized matters — continues to deliver results. CRIME REDUCTION AND COMMUNITY SAFETY Prior to this office’s arrival, the City did not conduct asset forfeitures. We implemented the program, trained staff, and handled related litigation. This year, we processed 10 forfeiture cases and seized approximately $50,000 in assets, generating revenue while enhancing safety. RISK MANAGEMENT DIVISION As part of my responsibilities, I oversee the Risk Management Division, which continues to protect the City’s financial interests while promoting a culture of safety. This year, the team: • Decreased claim payments by 26% for liability and 32.2% for workers’ compensation, resulting in an overall savings of 28.9% savings. • Achieved 95% return-to-work for injured employees and had a 17% reduction in workers’ compensation claims. • Completed 37 risk assessments/inspections and safety upgrades across multiple City facilities. 890 Page 4 of 4 • Negotiated $228,696 in insurance premium savings while maintaining full coverage, which is a 9.18% decrease. LEADERSHIP IMPACT These results reflect not only the hard work of my office but also the leadership and strategic direction I have provided. I set priorities that emphasized reducing outside counsel costs, increasing revenue through creative agreements, and taking a proactive approach to both legal and risk management issues. By guiding and mentoring staff, I ensured matters were resolved efficiently and to the highest professional standards. Through this leadership, the office has delivered over $20 million in value this year while implementing sustainable practices that will continue to benefit the City well into the future. LOOKING AHEAD Immediate Goals • Complete the Charter Review process and implement recommended changes. • Expand revenue-generating agreements. • Further reduce outside counsel dependency. Long-Term Vision • Build on efficiency gains. • Strengthen preventive legal strategies. • Continue modernizing policies and procedures. IN CLOSING This year demonstrated that smart legal strategy pays dividends for the City. By handling more work in-house, negotiating favorable agreements, and taking a proactive approach, we delivered significant value while protecting the City’s interests. The establishment of assessment programs, negotiation of multi-million-dollar interlocal agreements, and resolution of the PFAS litigation showcase our ability to generate substantial value for taxpayers. Our comprehensive approach ensures the City is well-positioned for continued success. I am proud of what our office accomplished this year and grateful for the Commission’s continued support. We look forward to building on these successes in the year ahead. Respectfully submitted, Shawna G. Lamb, Esq. City Attorney 891 City Attorney Performance Review Name of City Attorney: Shawna Lamb Review Period: 10/01/2024 to 09/30/2025 Date of Review: October 7, 2025 1. Legal Expertise and Counsel (Rate 1-5, 5 being excellent) o Quality of legal advice: ____ o Knowledge of municipal law: ____ o Ability to anticipate legal issues: ____ o Quality of legal work product: ____ 2. Management and Leadership (Rate 1-5) o Supervision of legal department staff: ____ o Budget management: ____ o Professional development of staff: ____ 3. Communication and Relationships (Rate 1-5) o With City Commission: ____ o With City Manager and department heads: ____ 4. Litigation Management (Rate 1-5) o Effectiveness in handling litigation: ____ o Success rate in court: ____ o Cost-effective management of outside counsel: ____ 5. Ethics and Integrity (Rate 1-5) o Adherence to ethical standards: ____ o Transparency in operations: ____ o Conflict of interest management: ____ 6. Timeliness and Efficiency (Rate 1-5) o Responsiveness to requests: ____ o Meeting deadlines: ____ o Efficient use of resources: ____ 7. Strategic Planning and Risk Management (Rate 1-5) o Contribution to the City's strategic goals: ____ o Effectiveness in identifying and mitigating legal risks: ____ 8. Overall Performance Rating (1-5): ____ 892 Key Accomplishments: 1. 2. 3. Areas for Improvement: 1. 2. 3. Goals for Next Review Period: 1. 2. 3. Additional Comments: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Reviewer's Signature: ________________________ Date: ___________ City Attorney's Signature: ____________________ Date: ___________ 893