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Agenda 03-12-14 t� B01111111,1111"'YN i A"'NAMBEAC RA CRA Board Meeting Wednesday, March 12, 2014 at 6:30 PM (change in date due to election on 3/11/14) City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 AGENDA L Call to Order II. Invocation and Pledge to the Flag III. Roll Call IV. Legal: A. Update on Bid Protest by West Constriction — Boynton Harbor Marina Harbor Master Building Project V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: A. Commercial Broker Reception — 3/13/14 B. Movies in the Park: March 7 - Monsters University - Recap April 4 - Frozen C. Happy Hour Thursday — Music on the Rocks /Shaken Not Stirred February 20 — Sweet Justice /Reggae (in celebration of Bob Marley's birthday) — Recap March 20 - Wonderama D. Boynton Beach Boutique Market VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, February 11, 2014 B. Approval of Period Ended February 28, 2014 Financial Report C. Monthly Purchase Orders IX. Pulled Consent Agenda Items: X. Information Only: A. Public Comment Log XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Public Hearing: None XIII. Old Business: A. Consideration of VHB /Miller Sellen Task Order Amendment for Constriction Administration Services for the Marina Harbor Master Building Project B. Consideration of Entering into a Constriction Agreement with Rosso Constriction for the Parking Lot Project - NE 1st Avenue & NE 1st Street & Sidewalk Connector C. Update on Ocean Breeze West XIV. New Business: A. Consideration of Performance Audit and DIFA Payment Release to PRH Boynton Beach, LLC for the Property known as Casa Costa, formerly The Promenade B. Consideration of Purchase Agreement between Ziad Bazyan and Albert Millines and the CRA for the Properties located at 231 NE 9 th Avenue and Lots 7 & 8 MLK Blvd. C. Consideration of Purchase Agreement between Louis Massry and the CRA for the Property located at 913 N. Seacrest Blvd. XV. Executive Director's Report: A. New Businesses in CRA District B. Development Projects Update XVI. Future Agenda Items: A. Consideration of a Direct Incentive Funding Agreement with LeCesse Development Group B. Consideration of Purchasing Agreement for the Property Located at 425 MLK Blvd. XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE /SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE /SHE 1\ AY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MODE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL, IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH .APPROPRIATE At�ILIARY .AIDS .AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTITNITY TO PARTICIPATE IN .AND ENJOY THE BENEFITS OF A SERVICE, PROGRANI, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737 -3256 AT LEAST TWENTY -FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO RE.AS(_)N.ABLY ACCOMMODATE YOUR REQUEST. p h i BOYNTO CRA BOARD MEETING OF: March 12, 2014 J Consent Agenda I I Old Business I I New Business j Legal ( X I Other SUBJECT; Commercial Brokers Deception SUMMARY:. On March 13"' from 6 _ 8 pm, the CDA and the City of Boynton Beach will be hosting a commercial broker's reception in one of the open commercial spaces in Las Ventanas. • The purpose of the event is to showcase the available development and incentives within Boynton Beach. • Attendance is estimated at 50, consisting of local commercial brokers and associates • Approximately 400 invitations were sent out by US Mail and electronically through iContact • The CDA will offer food and drink to all guests, provided by local businesses. • A happy hour atmosphere will be set with high -top tables, centerpieces, music- and ambient lighting. • Local business, Smoke Inca, will be present offering some of their finest cigars for sale • A presentation will be shared with the guests giving an overview of the available commercial properties and development sites within Boynton. Beach, drawing more corrnmercial businesses to our area. • This event is building on the Commercial Familiarization Tour that was conducted last year.. FISCAL, IMPACT': $ 1,500 - Budgeted in Line Item 01- 51440 -225 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan and CDA Economic Development Plan. RECOMMENDATIONS/OPTIONS: Information Only. Aany Ziann> arm Special Eve C:1Docurnents and Settings\zimmermannawy DocurnentslCommittee Meetings\Commerzial Broker Happy Hour Agenda Item March 14.doc L B' , ' , 0Y , N'TORi l CRA BOARD MEETING OF'. March 12, 2014 1 sent Agenda I I Old Business ew Business I I Legal I X I tiger SUBJECT: ovies in the Park SUMMARY 1 CAP: • On Friday, March 7, 2014, the Boynton Beach CRA presented the Movies in the Park • Featured movie — MONSTERS UNIVERSITY (PG) — animated film by Disney • This FREE event took place in Dewey Park from 7 — 9 pm • Local business, The Pizza Trolley, was present offering food for sale • FREE popcorn was offered to the guests • Beer and wine was for sale courtesy of the Little House • Ample FREE parking onsite • Guests were encouraged to bring their beach chairs and blankets • High visibility in new Dewey Park location Great proximity to local businesses in new Dewey Park location • Gift cards donated by local businesses were raffled off to attending guests • Will continue to market the new Dewey Park location and encourage local business to participate • Next Movie in the Park is scheduled for Friday April 4, 2014 at 8pm — Featured movie FROZEN • Additional Movie in the Park date: May 2nd FISCAL PACT: Budgeted in line item 02 -58500 -480 CRA PLAN, PROGRAM OR PROJECT: DOWNTOWN MASTER PLAN RECOMMENDATIONS/OPTIONS: Amy Zi ,Aann f Special Events C:1Documenls and SettingslzimmermannalMy DocumentslCommittee MeetingsWoviesWovie Agenda Item March 14.doc 4 ry l}i' Y "'BEACH r � i3 i,i: 0 . ib �t. — �. t i d 1� �1�� i �r si ii st i 1�� ,. Z t '' ` tS� s ,,o ; r 0 t S f i a '� 0 1 "1 011 , f n ys! - . \t !1 i fl�s �' 1(�ti r t i sibU k� iii �! P A4 A \ i 4 {�� is si i t1 y s l Ii. i s t i � s is f tii�7i�ll47t s�}i ?,4, C5 >i 3 14 t s l t t j'�ti'1i�4 C i t1 �� k s�1 llhigfl� s, ) 2 w ® w :? i i�e 9,F! TA �t ss s t S �_� I g Y n l�� J � I s � � re lift 1 \ C:1Documents and 5ettingslzimmermanna\My DocumentslCommittee Meetings\Movies\Movie Agenda Item March 14.doc k t V t httg 4 + � jj RA CRA BOARD MEETING OF: March 12, 2014 1 Consent Agen ld Business I I New Business I I Legal I X Othe SUBJECT: Happy Hour Thursday — Music on the Rocks 1 Shaken Not Stirred - Recap SUMMARY / RECAP: On Thursday, February 20, 2014, the Boynton Beach CRA presented the Happy Hour Thursday — Music on the Rocks Concert Series featuring the reggae band, Sweet Justice, honoring the birthday month of Bob Marly a This FREE event took place at the Ocean Avenue Amphitheatre from 6 to 8:30 pm. Food and drink was offered for sale courtesy KP Concessions, Potions in Motion and CRA grant recipient, Maui Wowi a The CRA supplie illuminated high top tables with cloths and added illuminated floral centerpieces to create a Happy Hour environment # The weather was clear and in the 70's a Approximately 100 guests in attendance 0 Next Happy Hour Thursday concert scheduled for March 20, 2014 — Musical group is Wonderama who is a high energy pop and top 40 local band a Food and drinks will be available for purchase Additional Happy Hour Thursday concert dates: April 17" — Funkabilly Playboys May 15 - Riverdown • Ample FREE parking onsite • No pets please FISCAL IMPACT: Budgeted in line item 02- 58500 -480 CRA PLAN, PROGRAM OR PROJECT DOWNTOWN MASTER PLAN RECOMMENDATIONS/OPTIONS: _... .... Amy Zimm rman Special Evc C:1Documents and Settingslzimmermanna\My Documents\Committee Meetings\ConcertslConcert Agenda Item March 14.doc BOYNTON t 4 €I. t it NOWNBEACRiCRA k music ON THE ROCHS MUSIC d ON 1HE AM K t 5firred s ,u C:1Documents and SettingsWrnmermannaft DocumentslCommittee Meelings\Concerts\Concert Agenda Item March 14.doc j I a rJ I aoyNTON'", movaEAC' Joloullola WM music ON Maich 20 - May 15. 201 THE ROCHS 5hake Y& 5firred vex ter 129 E. Ocean lWe. - Boonton Beach S �t I ,' a T ri� vCP / kv I 1 T 1 ii '., G P' Brought to you by the A M M E 26HiCRA www.catchboynton.com � a 4 BOYNTON I BEACK,,CRA mama CRA BOARD MEETING OF: March 12, 2014 1 Consent Agenda � I Old Business I I New Business Legal I X I Other SUBJECT: Boynton Beach Boutique Market SUMMARY: • This unique "Green Market" offers more than just fresh local organic produce and gourmet fares, it offers unique handmade finds by local artist • This event takes place in Dewey Park every Sunday from 10 am — 2 pm through April 27, 2014 • High visibility in the Dewey Park location • Live music by local artists each week • Great response from local Boynton Beach vendors • As the market grows, increase in a wider variety of vendors • Current marketing campaign has generated a high interest with the local community • Great proximity to local businesses • Make BB Boutique Market your Sunday destination! The CRA will: • Continue to market the Boynton Beach Boutique Market in the Dewey Park location and encourage local businesses to participate • Market the BB Boutique Market to the surrounding areas that will bring people to Boynton Beach and the area businesses • The CRA looks to improve the social, economic and cultural conditions of Boynton's community through quality event programming which includes the Boynton Beach Boutique Market FISCAL IMPACT: Budgeted in line item 02 -58500 -480 CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan COMMENDATIONS /OPTIONS : yi o ne a Special nts CADocuments and SettingslzimmermannalMy DocumentslCommittee MeetingslMarket Agenda Item March 14.doc T, ON BOYNTON B EAC H C RA �z I� r r „ 1� m 1 fffffff s C:1Documents and Settingslzimmermanna\My DocumentslCommittee Meetings\Market Agenda Item March 14.doc yF u a iy B OYNTONt' 4 t - ', t�� t o a �' • �� 14 s � � `S �' 4 �� i i (�� iJ -,. .. r �� s �\' �,,. "K Ii s S i1� �,'��,,'}p i I 3!1 , t0f SEE r„ ti r i' C:1Documents and Settingslzimmermanna\My Documents\Committee Meetings\Market Agenda Item March 14.doc MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, FEBRUARY 11, 2014, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA PRESENT. Jerry Taylor, it Vivian Brooks, Executive Director Woodrow Hay, Vice Chair Tara Duhey, Board Attorney Buck Buchanan Joe Casello Mike Fitzpatrick Mark Karageorge David Merker I. Call to Order Chair Taylor called the meeting to order at 6:32 p.m. ll. Invocation and Pledge to the Flag The Invocation was given by Vice Chair Hay followed by the Pledge of Allegiance to the Flag. I. Roll Call Roll call was taken. A quorum was present. IV. Legal None, V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion is Chair Hay moved to approve the agenda. Mr. Casello seconded the motion that unanimously passed. Meeting routes Community Redevelopment Agency Board Boynton Beach, FL February 11, 2014 V1. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for It Presented to the CRA Board on Agenda Items No disclosures were made. B. Informational Announcements Mr. Kar ge announced the median home price in Palm Beach County, from December 2012 to December 2013, increased 19,4% to $160,000. The time a home was on the market is 34 days less than last year, both of is were positive signs for the City. Mr. Karageorge commended those who participated in the Barrier Free 5K Run/Walk. He encouraged all to participate in the in Annual Community Caring Center Walk. There Is a reception the evening before. Mr. Kar ge thanked Vice Chair Hay for his service to the City as he had two more meetings left before his term ended. is Chair Hay thanked those who participated in the Barrier Free Ru k and he encouraged all to become involved in the event. There was more participation this year than last. He also encouraged all to attend the Chamber of Commerce luncheon being heI d the next day. Mr. Merker highlighted the Ocean beach uate at 412 Ocean Avenue for lunch or breakfast. The establishment was clean and neat and the prices and food were good. He thought all would enjoy the fare and he recommended the Caf& to all. Mr. Buchanan attended the Annual Chamber of Commerce Dinner Dance. This year, the theme was Green Gala, is was part of the City's theme. A good time was had by all. Mr. Casello noted the Omphoy Hotel joined the Chamber of Commerce. Chair Taylor commented he participated in the Barrier Free RunNValk and was thankful for the Park. Vil. Announcements & Awards: A. Commercial Broker Reception — 3/13/14 Amy Zimmermann, Marketing, Events and Economic Development Assistant, announced on March 13, the CRA will host a Commercial Brokers Happy Hour Reception ins of the vacant spaces in Las Ven as. They will offer food and drinks. About 50 people, consisting of local and Commercial Brokers and Associates, 2 Meeting Minutes Community Redevelopment Agency Board B,oynton FL February 11, 2014 were anticipated. A presentation giving an overview of available commercial and developable parcels in Boynton Beach to help draw more commercial development to the area will be made. This was an extension of the Familiarization Tour conducted last year. Mr. Kar ge requested having incentive information available at the event, Ms. Brooks commented a presentation on the available City and CRA sites, and a packet of information would be available, B. Movies in the Park: February 7— Date Night — Recap Ms. Zimmermann reviewed the February 7 to movie and advised this event had better attendance than the last due to the weather. Food and beverages were available and the CRA had Valentin e-themed snacks. The feedback was positive, March 7 — To Be Announced Staff was considering airing the movie "Frozen" contingent on licensing at the March 7th event. Ms. Zimmermann will learn next week whether it can be used. The film is up for several awards. Future Movies in the Park dates were April 4, 2014, and May 2, 2014. C. Happy Hour Thursday — Music on the Rocks/Shaken Not Stirred January 16 — U2 by UV — Recap U2 by UV performed at the January event and the weather was a challenge. The attendees still gave great feedback and the band played for 2.5 hours straight. February 20 — Sweet Justice/Reggae (in celebration of Bob Marley's birthday) The next band will be Sweet Justice. Food and drink will be available with a Caribbean flair and a special rum drink will be offered as a Happy Hour Special. March 7th The next Happy Hour dates were March 7 featuring Wc rama, a pop top 40's group with a good local following. April 4th April 4 to will be Funk Billy Playboys, also having a good following. May 2 nd The next was country band Rivertown. 3 Meeting Minutes Commun4 Redevelopment Agency Board Boynton Beach, FL February 11, 2014 D. Boynton Beach Boutique Market This was the third week for the Market and attendance was increasing. Staff was trying to rotate vendors and Sundays have been successful. Live music is provided to help provide atmosphere. The Market will run each Sunday through April. It started with 12 vendors and now has 15 or 16. It is slowly building. Chair Taylor noted he received a letter from the adjacent church that has services on Sunday. Participants were parking in the Church parking lot. Ms. Brooks explained she had previously contacted them and offered to pay for parking, but they were not interested. Ms, Brooks will re-approach them. The market manager was told not to permit attendees to park in the Church parking lot. Vill. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, January 14, 2014 B. Approval of Period Ended January 31, 2014 Financial Report C. Monthly Purchase Orders Motion Mr. Kar ge moved to approve the Consent Agenda. Mr, Fitzpatrick seconded the motion that unanimously passed. IX. Pulled Consent Agenda Items: None. X. Information Only: A. Public Comment Log XI. Public Comments: (Note: comments are limited to 3 minutes in duration) Rolando Barerro, 422 W. Industrial Avenue, thanked the members that attended the Art Al Fresco event and the Board for the funds. Much of the community came out and he was glad his business was in Boynton Beach, As a result oft event, the organizer of Art Palm Beach invited the Arts District to the next Arts Festival which was the American International in Art Fair the following week and for the next two Fairs. Boynton Beach shined and now had extra opportunities to connect with other areas in Palm Beach County. They received press from cultural councils and other entities, all of which helped put the Boynton Beach name out there, as well as Art Synergy and it was a good relationship to forge. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 11, 2014 He thanked his partner Craig Guinness for his assistance and connections with the former Illumination Lighting Organization is is now under a new name. Valet service was provided, and The Glass Mermaid made a presentation that awed the crowd, They of chill and all three Starbucks in the City donated the coffee, Overall, he was deeply grateful for the support and opportunity to serve the City and looked forward to next year. He has an exhibit at the Library with a small reception on the 13th at p.m. He invited all to attend. It is a collaborative effort with two other artists, They are 6p and running with borrowed equipment as they could not cover-the funds for some of the losses they incurred. They are still holding art walks as schedufed on the 3rd Thursday of the month and they provide some oft best entertainment in music and dance, Mayor Taylor commended Mr. Barrer ll his or on the art festival, and expressed his appreciation to him in attracting people tot City that may otherwise not be exposed to Boynton Beach. Mr, Barrer ill discuss with Ms. Brooks activating more spaces and bringing some programming that outgrew the arts district tot downtown area. X111. Public Hearing: None X111, Old Business: A. Consideration and Selection of Responses to to invitation to Bid for the Parking Lot Project - NE 1 st Avenue & N E 1 st Street & Sidewalk Connector Mike Simon, Assistant CRA Director, explained the Board approved the release of an invitation to bid in November. The submission deadline was January 16, 2014, and the CRA received 10 proposals. After a review of the proposals by CRA staff, legal counsel and Kimley Horn, the CRA's project and design fir Site Development Inc. was determined to be the lowest and most responsible bidder under the terms in the Invitation to Bid. Their bid was $510,435.24 which included a section aft Sidewalk connector is runs on the east side aft property from First Street to Ocean Avenue. The sidewalk connector in the Invitation to Bid would have landscaping, btall ards and lighting. If the Board approved the selection, staff would bring the contract back to the next meeting. Motion Mr. Kar ge moved to approve, Vice Chair Hay seconded the motion. Mr. Casello inquired why the amount was $33K over budget. Mr. Simon explained the budget amount in the fiscal year it was approved in was $528K. The difference between the $528K and the $510K that was bid was to cover the 10% contingency fee. Theydid not have enough in the budget for both, The $33K was the difference. Thebideamein under budget, but with contingency fees, it was slightly over. There is an attachment of 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FIL February 11, 2014 $33K in the Fund Balance Resolution contained under New Business. It 14C and reallocation of a portion of that fund balance. James Brake, 710 SW 27 to Terrace, was in favor of the project. It would look nice and it would help parking in the area and the Oscar Magnuson House. The motion unanimously passed. B. Consideration of Entering into a Construction Agreement with Collage Design and Construction Group, Inc. d1 a The Collage Companies fart Boynton Harbor Marina Harbor Master Building & Fuel Dock Site Improvement Project Mr, Simon presented the request and explained the Board selected the firm at the January 11, 2014 meeting and directed staff to commence contract negotiations that is attached. Per the contract, the construction costs were $974,545 plus a 15% contingency fee of $146,182, for a total amount of $1,127,027. Staff had allocated $1.6M in this year's budget, but there will also be additional expenses to finish the interior oft Marina store or offices, as well as some of the fuel dispensers and fuel dock additions that may or may not be included in future scopes of work. Mr. Simon wanted the Board to be aware that staff did not ask the contractor to bid on those additional items as staff was unsure whether they would handle those items themselves. However, as the project develops, for ease of coordination and cost, it may be better to have a discussion with the contractor about it. The bid was under the estimates staff had for the project. The work was finishing work. Motion Vice Chair Hay moved to approve. Mr. Karageorge seconded the motion. Mr. Casello received confirmation this pertained to the Harbor Master's Office, the public restrooms, the har and the landscape. This would eliminate the public having to use the r oorn at Two Georges. Mr. Simon also highly complimented the firm for the communication and cooperation. The Harbor Master is Way Pointe Marine Inc. Chair Taylor opened the public comment. No one came forward. The motion unanimously passed. C. Consideration of Installing an Irrigation System on the Vacant Lot Located at 222 North Federal Highway Mr. Simon presented the request was to install an irrigation system to water is grass they installed after they removed the parking lot. There was some discussion of it at the November 12, 2013 meeting. The cost to irrigate the property was $3,000. 6 Meeting minutes Community Redevelopment Agency Board Boynton Beach, FL February 11 � 2014 Motion Mr. Fitzpatrick moved to approve. Vice Chair Hay seconded the motion. Mr. Buchanan commented the lot looks as good as the adjoining lot and it is sufficient as is. Mr, Casello inquired about the cost of the water. Mr. Simon responded it would take mi ' nimal water and would only need watering once a week. There could be additional plant materials installed if water is supplied, which could cost $1,000. Chair Taylor commented the property would likely be given to a developer and suggested holding off. Mr. Simon also pointed out the recent rain helped the grass take hoI d. Mr. Merker thought the expenditure was a waste of money and Mr. Fitzpatrick commented he brought it up because Casa Costa had complained and the cost was minimal. The motion passed 4-3, (Messrs. Buchanan, Kar rge and Merker dissenting.) XIV. Now Business: 201212013 CRA Annual Audit Results Susan Harris, Finance Director, requested the Board accept the Annual Audit Financial Statements. She explained this was the fifth year in a row there were no audit findings. There is a strong balance sheet, sound net assets, fund balances are sufficient to meet operating requirements and reserves, and there is an unassigned fund balance that will be discussed later in the meeting. The bond refinancing saved the Agency over $200,000 in annual interest costs. The Auditor, Richie Tandoc of Sanson Kline Jacomino Tandoc & Gamarra, LLP, 805 Blue Lagoon Drive, Suite 220, Miami, was present and announced he was the partner in charge of the audit. He thanked staff for an efficient audit and announced the audit continues to be clean and their documents are well organized. Mr. Tandoc reviewed his responsibilities and the auditing standards. They issued a clean opinion for the Agency's basic finances for the year ending September 30, 2013. They issued their report an the Agency's Internal Controls, Financial Reporting and compliance in other matters and found no material weaknesses or material non- compliance issues. Both reports are dated December 31, 2013. The Agency's significant accounting policies were described in the report and they were consistent with the Government Accounting Standards. The Agency's finances and related disclosures were clearly presented in a complete matter. For the fiscal year ending September 30, 2013, management established useful lives of Capital Assets and it was determined than estimates were reasonable. Methods of accounting for significant, unusual transactions, and controversial or emergent areas, 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 11, 2014 no such areas were identifi ed. As to significant and/or unadjusted audit adjustments, no material it adjustments were found. Mr. Tandoe was not aware of any fraud or illegal acts that occurred during the fiscal year involving senior management or any acts involving employees that would cause a material misstatement of the fi nancial statements. There were no disagreements or difficulties with management and there were no major issues dis6ussed with management prior tot firm's retention. There was no relationship between the firm and the Agency or any related entities including the City of Boynton Beach that could impede their independence in regard to the Agency's Audit. They are in accordance with the AICPA rules interpretations, rulings and auditing standards and they had not performed any non-audit services for the Agency during the fiscal year ending September 30, 2013, thereafter. The firm issued a management letter pursuant to Auditor General Rules dated December 31, 2013, and there were no findings noted. In regard to management representations, the firm requested certain representations from management that were included in the Management Representation Letter dated December 31, 2013. Motion Mr. Mer moved to accept the audited financial statements for FY 2012/2013. Mr. Karageorge seconded the motion. Mr. Fitzpatrick requested confirmation that the CRA was not paying for any items they should not. Mr. Tan responded they were not. Ms. Harris explained the CRA pays the City for certain services such as l Resource, payroll services and they pay certain facility charges in accordance with what a CRA should be doing. Mr. Fitzpatrick not close to $600K needed to be placed in accounts and inquired where the funds came from. Mr. Tandoc explained those funds were left over and they were not committed or restricted. Chair Taylor opened the public comments. No one came forward. The motion unanimously passed. Chair Taylor complimented staff on exceptional work and wanted to recognize five years of audits without any findings was outstanding. Ms. Harris acknowledged Vicki Hill, who worked with Mr. Tandoc's staff. Ms. Brooks also gave kudos to staff B. Consideration of Resolution No. 14-01 to Establish a Self-Funded Insurance Reserve Ms. Harris explained when the Marina was renovated three or four years ago, the cost was $725K and the renovations were insured at full replacement value. Due to changes 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FIL February 11, 2014 in the insurance industry, underwater it such as pilings, seawalls and underground utilities were no longer insured. A year and a half ago, it still under the of insurance policy, staff was informed the items would be insured at a value of $155K is is what they are insured at with the current firm. There is a difference of $570K and in the event something happened to the uninsured assets, the CRA would have to cover those costs. Ms. Harris pointed out sometimes unanticipated occurrences do occur. Staff recommended taking 20% on any unassigned fund balance if any, and placing it in a self-funded insurance reserve which would show in the fund balance as committed funds atilt difference between the replacement value and the insured value is closed. She commented this would only occur if there were funds to do so. Mr. Mer agreed with the need to self-fund and suggested researching the issue every year to ascertain her 20% was enough. Mr. Kar ge agreed. Motion Mr. Merker moved to approve. Vice Chair Hay seconded the motion. Chair Taylor opened the public comments, No one came forward, The motion unanimously passed. C. Consideration of Resolution No. 14-02 Budget Amendment No. 2 — FY 2013- 2014 Ms. Harris explained this it had two components. She explained one component pertained to a project fund balance allocation to cover the prepaid items for Special Events and the Marketing fees of the Haunted Pirate Fest. The event is held in the first week of the new fiscal year, but the funds are budgeted in the prior fiscal year. When they issue the checks in the prior fiscal year, the checks are recorded on the Agency's financial statements as a prepaid but the expense it the current year budget. To even this up, Ms. Harris needed to effect a fund balance allocation to make the budget in the current fiscal year correct. The project fund balance allocation amount was $667,940. Of that, $62,275 was f o r s pecial event pr d items, and $5,665 for marketing the Haunted Pirates Fest as a prepaid expense. The second component was the unassigned fund balance allocation discussed previously for the self-funded insurance reserve. Assigning $119K for the insurance would leave $479,254 for the Board to allocate, Staff made three recommendations. One was to allocate $83,085 for parking redevelopment. This was $50K higher than the $33K the Board previously heard, but the purpose was to it staff to start the design and engineering work on the second parking lot. Ms. Brooks and Mr. Simon It $50K was the appropriate amount to allocate this fiscal year for the second parking lot. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FIL February 11, 2014 The second it pertained to allocating an additional $20K as the CRA planned to hold more community meetings. Staff held a successful Heart of Boynton (HOB) meeting last October and was planning another Commercial Brokers meeting. They had many more meetings in mind. The third it was to place the balance of $376,169 in the property acquisitions line item. Ms. Harris explained the Resolution was worded in a way that, if the Board reallocates any of the funds, the Resolution would stand and Ms. Harris would adjust the backup exhibit according to the Board's vote. Mr. Mer inquired whether staff would make the total reallocation or just a part of it, Ms. Harris explained this was for a total allocation of any funds left over from the prior year, but the Board Gould decide. Mr. Mer preferred to make an assumption on the total amount versus having a percentage. Ms. Brooks explained if there was any other direction from the Board, they would recommend the Board allocate all the funds. Chair Taylor commented there was $376K toward purchasing property. At the last City Commission meeting, there was discussion regarding the demolition of the Old High School for $254K and the City Manager had no idea where the funds would come from. The item was deferred to the next budget year. He inquired if the CRA would consider allocating funds for demolition and he was told it was at the Board's discretion. He commented Ms. Brooks researched demolition and found a company who could do the work for $174,500. Chair Taylor explained this did not mean the property would be demolished; it would only take the burden off the City, and if the property would be demolished, staff would have to go out to bid. He proposed setting money aside for this purpose. Mr. Cas o received confirmation the set aside does not mean the property would be demolished. Demolition would only occur if the City Commission voted to demolish the building and that decision would be made in June or July. is Chair Hay noted there was a study pending for the area. He recommended no decision be made until that study was presented, and cautioned it was important for the or and City Commission to be consistent. Developers and other leaders are watching Boynton Beach and the City Commission declared the Old High School as a historic structure. A vote to tear it down would be inconsistent. He proposed to wait until the Treasure Coast Regional Planning Council completed its study before making any decision. Mr, Mer agreed with is Chair Hay. He inquired if the Board did not allocate the money, should he assume the money would not be there later. Ms. Harris explained if the Board did not allocate the funds and they used the entire amount for property acquisitions, the money would not be there. The Board could always reallocate funds from any budget line. Ms. Harris explained the safest thing to 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FIL February 11, 2014 do was set the money aside and if not spent, the Board had it to reallocate at it discretion. is Chair Hay recalled the Board previously had a line it for demolition, but because of the economy, the line item was deleted. He commented it should not be construed the Board would demolish the building just because the Board had the funds to do so. He was not opposed to putting money aside for demolition, The funds could be reallocated. Ms. Harris explained the Board did not have that line item; rather the City had a demolition in item. Mr. Fitzpatrick commented the perception was the Mayor's position was clear that he preferred to demolish the building and at the last City Commission meeting, they did not know where the funds would come from and tonight they were learning where the funds could come from. He commented the perception on the vote taken last Tuesday was not part oft agenda and was not pre-published, At this meeting, this item was dated yesterday and was not on the agenda or pre-published. It does not look good, He pointed out at the City Commission meeting, they voted to defer the item to the budget workshop and at this meeting they would set the funds aside. He thought it made them look like hypocrites. Chair Taylor commented when he oft agenda, the discussion was printed on the agenda and was pre-published. Mr. Kar ge commented the building was a city-owned building and he was concerned out the CRA designating funds for it. He was aware the CRA wanted to address other it such as the Cottage District and areas along MLK Boulevard. He spoke with Ms. Brooks about the matter because the expenditure of GRA funds was close tot line. Mr. Karageorge agreed with is Chair Hay that consistency was important. The City Commission designated the building as historic, and worked with an architect/developer for a project there, which was now being litigated. He commented the Board can make an allocation at a later date, but the timing was wrong. Mr. Buchanan agreed with Mr. Karageorge. If the CRA was a party and litigation was resolved, what the architect would have done to fulfill his side of the agreement could no longer be done and he believed that of make the CRA liable. His other concern was the message the CRA would send out Historic Preservation. He commented property acquisition was important and property values are turbulent. He wanted the funds to stay in property acquisition in case a situation arose so they could move. If progress is made towards demolition, the decision can be made then. Mr. Merker commented he has been the most consistent about in against the Old High School. He agreed with prior comments made by the other Board members and it raised some questions. Timing was important. He did not want what happened on the vote with the high school where all the Commissioners except he changed their mind of occur again. Mr. Merker did not want obstacles or problems, 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FIL February 11, 2014 is Chair Hay not it was not a Grime to change one's in He had questioned legal counsel about the perception if the building were demolished while in litigation, Attorney Cherof had responded the perception would not be created. He thought it would. He expressed the matter should run its course. Timing was everything. At a later date, if the Board felt its oul set aside the funds, they should address it then. Chair Taylor explained Attorney Cherof was asked at the last City Commission meeting if there would be any problems if they demolished the building with regard to the litigation and Attorney Cherof responded there would be no problem. Chair Taylor also consulted with the attorney representing the City on the lawsuit who assured him there would be no problems if the building was demolished. Chair Taylor expressed he sat in on the closed-door meeting, and the developer did not care about the building and would not re-approach the City. The developer's only concern was too i y and the issue is off the table. The building sits on CRA property and the City at one time gave it to the CRA. The CRA can buy vacant properties within their boundaries. The Treasure Coast Regional Planning Council will come tot City with a plan how to develop the entire area. As such, it would be much easier to plan knowing what the City's plans were for the property. Chair Taylor commented it was not a secret he felt the building should be demolished. If it were a nice green space, developers would swamp the City wanting to put an anchor store there. If the City does not move on the matter, the building will remain fry r City will continue spending $30K pry r to insure it. The City Manager does not know where the funds for demolition of come from, b u t t here are other items in the budget in the same situation. All the Board was being asked to do was set the funds aside in case they decide to demolish it, and that would be decided down the road. is Chair Hay wanted to hear from CRA Legal Counsel about what the City's Legal Department had indicated. Chair Taylor commented at the last City Commission meeting, Attorney Cherof was directed to return to the Commission with a Resolution to rezone the property back to its original designation and in that action, remove the City's Historical designation. Mr. Fitzpatrick explained he misspoke on his prior comments pertaining to the item being on the City Commission agenda. Mr. Merker commented June was approaching and did not want to rush the issue. Although he was consistently against the Old High School, because oft lawsuit and other issues, and no one can guarantee that something of not occur, he emphatically thought the delay until June of nth the City or CRA. Mr. Casello requested the Clerk produce, at the next meeting, every vote on the Old High School since the new Commission has been seated and how each individual voted to verify consistency. 12 Meeting Minutes Gommunity Redevelopment Agency Board Boynton Beach, FL February 11, 2014 Mr. Buchanan requested instructing the CRA Attorney to evaluate their legal position as a CRA, if in fact, they would pay to tear it down. There are variant opinions from different attorney's and in law, what is true and correct today may not be down the road because case law changes. He requested the CRA Attorney examine the Board's vulnerability- Ms. Brooks explained they were going into a workshop and planning session with the Treasure Coast Regional Planning Council is will include a review of the building and its viability. She suggested setting the money aside. When the session is over and there is no possibility of the Old High School being used, they could take the funds and pay the City to demolish the building and prepare the site for development. The funds are not to demolish the building, it was to prepare the site for redevelopment. She wanted it to be clear that through the planning process, that the building does not have any viable use or have any economic value. If the money is set aside and the study is issued and it supports the Board's position, the funds would be available and a transfer tot City could take place after bids are issued. The study was just approved at the last meeting, and the first planning meeting with staff will be set up, A c ette, which is a public meeting, will be schedule on a Saturday. It is important to know if the building will be part of the Town Square or not. Ms. Brooks anticipated the c ette would occur in April. Further or would be done in May and June. If the funds are not approved for site preparation, they can be used for other items. Mr. Buchanan still requested an opinion from Legal Counsel. Ms. Harris clarified the amount set aside would be $175K. All the other items would remain with the exception of property acquisition. The $175K for the Old High School would be subtracted from the property acquisition line item, leaving $276K budgeted for acquisitions. Motion Vice Chair Hay so moved. Mr. Kar ge seconded the motion is passed 4-3 (Messrs. Fitzpatrick, Morker and Casello dissenting.) D. Consideration of Resolution No. 14-03 Release of Demolition Lien on Former Boynton Terrace Properties (Ocean Breeze West) Mr. Simon presented the item. The liens were assigned by the City to the CRA for the former Boynton Terrace project. The property had a lengthy history as contained in the meeting backup. There were hurricanes two years in a row which damaged the property and the City initiated demolition. There was about $20BK worth of Code and Demolition liens and the City kept the Code liens and subordinated their liens on the property behind the CRA's demolition liens. Due tat redevelopment and r at of the 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 11, 2014 Ocean Breeze project, during the title search for some of the Ocean Breeze closings, the liens surfaced, When the property was awarded to Habitat for Humanity for redevelopment, the CRA intended to release the liens as it calls for the CRA to deliver clear title as part oft development agreement. Motion Mr. Karageorge moved to approve. Mr- Casello seconded the motion that unanimously passed. E. Consideration of Purchase and Development Agreement between Boos Development Group, Inc. and the CRA for Properties at 1000 and 1010 N. Seacrest Blvd. Ms. Brooks explained an amended agreement was presented. 'ffie only substantial change was the development timeline. The agreement in the meeting backup had Ms. Brooks' dates without input from Boos Development. The amended agreement contained the correct timeline based on Nancy Byrne, the Development Director's input and Henry Dirksen from Boos. The change was contained in Section 18.3. Boos Development is in agreement with the changes and already signed it. Another substantial portion of the agreement is there is a reverter clause. Boos Development will not get the property until the construction loan and permit approval is obtained, and the design approval of the site and building from the Board is given, before in presented tot City. The changes was contained in Section 18.4 and 18.1 Henry Dirksen, Boos Development Group, 5789 NW 161 a Street, Miami Lakes, was present and in agreement. Motion Mr. Fitzpatrick moved to approve. Vice Chair Hay seconded the motion. Mr. Casello inquired if it was the CRA's responsibility to remove the current structure. Ms. Brooks responded it was. Boos Development had asked for other it such as compacting the soil and underground utilities and Ms. Brooks rejected the request. Ms. Brooks explained this demolition was contemplated before this it came before the Board. The motion unanimously passed. XV. Executive Director's Report: A. New Businesses in CRA District Ms. Brooks advised four new businesses located within the CRA District in one month and the economy was improving. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL February 11, 2014 The new water taxi was in one of the Marina Slips, The East Ocean Caf6 opened for breakfast and lunch and was very good. Ocean Ridge Chiropractic opened on East Ocean Avenue and Access Accounting and Payroll opened on South Federal Highway. LeCesse came in with their site plan. Staff submitted comments and they reviewed the staff comments last week. There was a long meeting to clarify the intent of staffs comments and they should resubmit revised site plans tot City fairly soon. CRA staff was working with a full-service grocery store in the Heart of Boynton, A senior living facility was looking along Federal Highway and found a site. There is a limited service hotel developer looking at two sites: one is the One Boynton site and the other on the north end contingent on an agreement being reached. In response to a question from Mr. Casello, Ms. Brooks advised the senior living facility was a for-profit organization, B. Development Projects Update XVI. Future Agenda Items: A. Consideration of a Direct Incentive Funding Agreement with LeCesse Development Group II® Adjournment There being no further business to discuss, Chair Taylor adjourned the meeting at 8 p.m. awluw_�!hv) Catherine Cherry Minutes Specialist 022414 15 BOYN 0 "iiBEACH.' RA ' CRA BOARD MEETING OF: March 12, 2014 r - : Consent Agenda Ol Bt�siness N ew Bushiess Publ Ifearin tiler SUBJECT: Monthly Financial Report SUMMARY Monthly budget report to the CRA Board representing the revenues and expenses for the month ending February 28, 2014. FISCAL IMPACT: None PROJECT CRA PLAN, PROGRAM OR NIA RECOMMENDATIONS Approve February financials. Susan Harris Finance Director T :'AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board MeetingslMarch 20141Financiai Report.docx C7 to H 4 0 0 N 11 m VI N m tD b r r r O N r r O m r II O E. N W H O r d o o N II r m h r o r m a r o m h m 0 Irl O II O 0 0$ I r-1 yt O O p Ili II M m O M d M H m m O N N M c r O II p e H b O N 11 b kn b r4 m b n b v O b b r r to II W II II o o In r-I Q dI a 0 O H m n ri LO m W O H b ri 0 0 m n m A Ornr -IO m n C! 1D NNO W m0 rmo111 r 11 m Ri W O M In N W m II m" m v w io dt b d. o O m v li N b II tD N H cb N N M If O r m m d y. 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FISCAL IMPACT: See attached PROJECT CRA PLAN, PROGRAM OR None RECOMMENDATION Approve the purchase order report. Susan Harris Finance Director Boynton Beach CRA Purchase Order Report Month: February 2014 Vendor Amount Funding Source Description �cllag�eDeslqn & Construction $1,120,727 02-58200-404 Marina Phase 2 Constru�t Kimley-Horn $ 36,490 02-58200-406 Ocean Ave. Tree Lighting Project - Design Services T CONSENT AGENDAS, MONTHLY REPO RTS\Com pleted Agenda Item Reques Forms by K4emUng\FY2013-2014 Board K8eeUngaK8arnh2014\MonUh|y Purchase Order Report 2014 CRA COMMENT LOG __Rate Name Comment Movies in the Park is a fabulous idea but would like 2/7/2014 Website JanetRathy more family friendly choices Thank you card for all of Viv's time and information on 211 E. Ocean Avenue as a Renee Kappes possible location for their 2/10/20141 Card, and Tom Dowd, rest� Utterback, Theresa From: CRA <boyntoncra @yahoo.com> Sent: Friday, February 07, 2014 10:49 PM To: Zimmermann, Amy Subject: Fwd: Contact Us Inquiry Sent from my iPhone Begin forwarded message: From: Janet Rathy < etkc(crs aw.ca Date: February 7, 2014, 8:32:52 PM EST To: bomtoncra(a Subject: Contact Us Inquiry From: Janet Rathy Subject: Contact Us Inquiry Email Address: Janet cr ' shaw.ca Question/Request: The movies in the park are a fabulous idea... can I suggest more "family friendly" choices. We were there tonight for a time and witnessed many folks leaving, including a lady leaving with her granddaughter saying the movie was unsuitable. What a shame! (We left, as well) thanks for the effort, though! This mail is sent via contact form on bbera Liftp://O327768.netsolhost.com/bbera n J -- r rz� . (� N BOYNTON" =BEACH CRA BOARD MEETING OF: March 12, 2014 Consent Agenda ( X Old Business New Business ( Legal ( Information Only SUBJECT: Consideration of VHBIMiIIerSellen Task Order Amendment for Construction Administrative Services for the Boynton Harbor Marina Harbor Master Building Project. SUMMARY In March 2009, the CRA Board entered into an Agreement for Construction Design Services with the Agency's Professional Service Provider, VHBIMiIIerSellen for the Boynton Harbor Marina Master Redevelopment Plan. The construction design services included the Marina Tower phase, the Marina Open Space phase and the Harbor Master Building & Fuel Dock Site Improvement phase. In order to properly manage and approve the technical aspects of the construction contract and pay applications for the completion of the Harbor Master Building & Fuel Dock Site Improvement project, design & engineering professionals from VHBIMiIIerSellen and their subcontractors is required. The attached Task Order Amendment for Project No. 62203.08 will provide the necessary funding to complete project field inspections, contractor requests for clarifications, pay application approvals and final project completion approval on behalf of the CRA and the design firm. The Task Order amount excluding additional services or reimbursable expenses is $31,363. A 10% contingency in the amount of $3,137 for additional services and reimbursable expenses will be included in the purchase order bringing the total to $34,500. FISCAL IMPACT: $31,363 plus a 10% contingency for a total of $34,500 from Budget Line Item Account 02 -58200 -404 CRA PLAN, PROGRAM OR PROJECT CRA Redevelopment Plan Boynton Harbor Marina Master Redevelopment Plan, Downtown Vision & Master Plan. RECOMMENDATIONSIOPTIONS: Approval of VHBIMiIIerSellen Task Order Amendment for Construction Administrative Services in the amount of $34,500 for the Boynton Harbor Marina Harbor Master Building Project. o Michael Simon, Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingslMarch 20141VHB CA Services Task Order.doc 1 e w-$ Planning Transportation Land Development I Environmental VHB/MillerSellen 225 E. Robinson Street, Suite 300 Landmark Center Two Orlando, FL 32801 407.839.4006 11 Fax 407.839.4008 www.vhb.com Agreement for Professional Services Task Order Amendment Project No.: 62203.05 Construction Administration Services for Phase 2 — Dock Master Development This Task Order Amendment is to delineate the scope of services necessary to complete the Construction Administration Services for Phase 2 — Dock Master Development VHB scope of services include up to twelve (12) site visits during Construction Administration (CA) for the Boynton Harbor Marina Phase 2 Dock Master Development, including a contractor kick -off meeting and final inspection walk - through. Invoices for CA services will be identified as: "Task Clarification for CA services for Phase 2 ". A description of work with itemized expenses will be provided. CA services will be provided correlating to the estimated revised budget remaining of 531,363 *, excluding additional services and reimbursable expenses, as reflected in VHB's master spreadsheet, dated 01 -18 -2014 (see attached). Future CA services for Phase 1B will be provided as a separate project amendment at the start of the Phase 113 construction. CA inspections are to precede monthly pay requests from the contractor (8 contractor pay applications estimated). Contractor pay applications and RFI's are to come through to VHB and VHB. will distribute the items pertaining to architectural/MEP review to AW Architects, then respond to the CRA. The following is the description of CA services for issuance of certificates for payment (based on standard AIA contract): The Project Consultant Team (PCT) shall review and timely certify the amounts due the Contractor and shall issue certificates in such amounts. The certification for payment shall constitute a representation to the Owner, based on monthly site visits to evaluate the Work and the Contractor's construction schedule and updates and on the data comprising the Contractor's application for Payment, that, to the best of the PCT's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent test and inspections, (3) to correction of minor deviations from the Contract Document prior to completion, and (4) to specific qualifications expressed by the PCT. :Sum of $604,021 (Line AP 68) +$ 31,363= total base fee: $635,384 (Line L 60). 2 The issuance of a Certificate for Payment shall not be a representation that the PC' has (1) made exhaustive or continuous on -site observations or any inspections to check the quality of quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the contractor has used money previously paid on account of the Contract Sum. The PCT shall maintain a written record of the Applications and Certificates for Payment for the Owner's benefit. Public Records Requirement: The CRA is public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. Specifically, the contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this agreement /contract shall constitute a Default and Breach of this Agreement. if Contractor fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement. Accepted this day of 2014. VHB/MillerSellen Boynton Beach Community Redevelopment Agency By. y: Date Signature Date Printed Dame BOYNTON" , CRA -_ CRA BOARD MEETING OF: March 12, 2014 1 Consent Agenda ( X I Old Business I I New Business I I Public Hearing Ot SUBJECT: Consideration of entering into a Contract with Rosso Site Development, Inc. to perform the construction of the Parking Lot Project — NE 1 st Avenue & NE 1 st Street & Sidewalk Connector located at 208 NE 1 st Avenue. SUMMARY: The CRA Board approved the funding in the FY 2013 -2014 budget for the design and construction of a 58 space public parking lot on the CRA owned property located at 208 NE 1st Street. At their November 12, 2013 meeting, the CRA Board approved the release of the Invitation to Bid (ITB) on December 6, 2013 with a submission deadline of January 16, 2014 (see Attachment 1). As of the ITB response deadline, the CRA received a total of ten cost proposals from contracting firms. Based on staff and legal counsel review, it was determined that Rosso Site Development, Inc. was the lowest responsible and responsive bidder under the terms and conditions set forth in the Parking Lot Project — NE 1st Avenue & NE 1st Street & Sidewalk Connector Invitation to Bid document. The project cost as submitted by is Rosso Site Development, Inc. is $510,435.24 (see Attachment I1). At their February 11, 2014 meeting, the CRA Board approved Rosso Site Development, Inc. as the general contracting firm for the Parking Lot — NE I st Avenue & NE 1 st Street & Sidewalk Connector Project and direct staff to enter into contract negotiations, with the contract to be presented to the CRA Board for review and approval at their March 12, 2014, meeting. CRA staff has been working with staff of Rosso Site Development, Inc. on the attached construction contract. The contract documents identify conditions for completion of the project, performance, dispute resolutions, payment application processes and general provisions. CRA legal counsel has reviewed the contract document and approved its form for the Board (see Attachment 11I). FISCAL IMPACT: Cost Proposal of $510,435.24 plus 10% contingency $51,044 for a total of $561,480 budgeted in Account # 02 -58200 -404 CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision & Master Plan. RECOMMENDATIONS: Approval of the construction contract with Rosso Site Development, Inc. and funding in the amount of $561,480.00 from Account# 02- 58200 -404. Michael Simon, Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetingtFY 2013 - 2014 Board MeetingsWarch 2014Approval of Contract - Rosso Site Development.docx ATTACHMENT I n BOYNTO =iBEACHICRA The Boynton Beach Community Redevelopment Agency ( BBCRA) will accept sealed bids for the project listed below. The BBCRA will accept sealed bids at its office, 710 N. Federal Highway, Boynton Beach, FL 33435 ON OR BEFORE 3:00pm, January 16, 2014, and then publicly opened and read at a Bid Opening held at 3:15pm on January 16, 2014. All Bids not received prior to the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the BBCRA's Reception Area is the time of record, Invitation for Bid documents, construction plans and specifications must be obtained from the BBCRA office or website at www.catchboynton.com The BBCRA will accept bids submitted by licensed General Contractors. At the time of bid submission, each bidder must be properly certified and licensed in the State of Florida and /or Palm Beach County, as applicable, for the purpose of performing the specified Work. A bidder is not a responsible bidder if: 1. They do not hold the requisite license(s) to apply for and obtained permits required for the work, and 2. They have not completed three (3) or more similar projects for a public entity, developer, homeowner or condominium within the past forty -eight (48) months. 3. They have been a party to litigation or arbitration arising from a project for a public entity within the past forty -eight (48) months. 4. They are not able to provide proof of ability to obtain a bond to secure completion of the project. 5. They have paid liquidated damages to a public entity for a public project that was delayed more than ten (10) days, within the past forty -eight (48) months. 6. They were the contractor on a public construction project that incurred cost over -runs in excess of ten percent (10 %) of the amount of their bid amount within the past forty -eight (48) months. INVITATION to BID For the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 st Avenue & NE 1" Street & Sidewalk Connector Located at 208 NE 1 st Street, Boynton Beach, FL Issue Date: December 6, 2013 Submission Deadline: January 16, 2014, no later than 3:00pm No Mandatory Pre -bid Meeting Page 1 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE I ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR The Board of the BBCRA reserves the right to reject any bid submitted by a bidder who is not a responsive or responsible bidder as described above or an incomplete bid. A submission that is not timely is not a bid and will not be opened or reviewed by the BBCRA. ALL BIDS NOT RECEIVED PRIOR TO THE DATE AND TIME SET FORTH ABOVE WILL NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the BBCRA's Reception Area is the time of record. INTRODUCTION and BACKGROUND The Boynton Beach Community Redevelopment Agency ( BBCRA) has recognized the importance of commercial and residential redevelopment within the downtown core area as a major component of the BBCRA's Redevelopment Plan. In June of 2007, the BBCRA completed the acquisition of approximately 0.64 acres located at the NE corner of NE 1" Avenue & NE 1 St Street. The intended use for this parcel of land was to create a public parking iot that would provide additional parking spaces for existing and future businesses as well as the visitors who attend the many CRA sponsored special events held at the City's Amphitheater and downtown corridor located in close proximity to the proposed parking lot. The CRA has also identified the lack of downtown connectivity as detractor to private investment and redevelopment. As such, the CRA is including the construction of a public sidewalk within the City of Boynton Beach right -of -way lying between NE 1 St Avenue to the north and E. Ocean Avenue to the south to connect the proposed parking lot project to E. Ocean Avenue. The scope of work of the Parking Lot Project — NE 1 St Avenue & NE 1 St Street and Sidewalk Connector is to construct a surface parking lot along with lighting, landscaping, sidewalks and signage. 1.0 COST BID REQUIREMENTS The Boynton Beach Community Redevelopment Agency ( BBCRA) is accepting sealed bids for the general contractor selection process and to enter into a contract with a qualified responsible individual or entity to provide and complete construction, installation and services consistent with a construction delivery process for the following project (hereinafter referred to as the Project): BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT-NE 1st Avenue & NE 1st Street & Sidewalk Connector 1,1 General Information The Project documents available from the BBCRA constitute the entire project that is the subject of this bid invitation. 1.2 Scope of Project Work Contractor shall provide all materials, labor, and maintenance of traffic to perform the necessary construction activities to complete the project improvements, as specified in the construction plans prepared by Kimley -Horn & Associates, Inc., a Page 2 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROTECT — NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR consultant to the BBCRA. The scope of work (Work) includes but is not limited to the following: 1. Construction of a 58 space surface parking lot and sidewalk connector. 2. Landscape, hard scape, lighting and signage site improvements. See Attachment "A" Construction Documents last dated November 5, 2013, (available online at the BBCRA's wehsite, www.catchbeMLon.co or on disk at the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. The construction documents supplied by the BBCRA have been reviewed and have been approved for permit issuance by the City of Boynton Beach Building Department. All construction is to meet or exceed all materials quality specifications. No deviations from plans will be approved without prior written request, notification to BBCRA and formal approval issued by the BBCRA. The successful bidder must provide all storage of materials, either onsitc as approved by the Client or offsite as needed. The selected Contractor is to provide a full -time Construction Manager assigned to the Project. The selected Contractor is to provide all storage of materials, either onsite as approved by the BBCRA or offsite as needed. In the event that temporary disruption of activities is necessitated due to construction, the selected Contractor is to provide written notification of activity, a schedule of construction activities and a guaranteed completion date of activities. The Work included in this project consists of furnishing all tools, materials, equipment and supplies as well as the performance of all labor, handling, services and incidentals, including applicable taxes necessary for the Boynton Beach CRA. The foregoing description is general in nature. The scope of work is more specifically defined by the Contract Documents. 1.3 Personal Investigation and Obligation of the Bidder(s) Each Bidder shall inform themselves fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so shall not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. At the time of the bid's submission, each Bidder shall submit a completed Site Inspection Confirmation form Attachment "J" and is presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and construction documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect to Bidder's Bid. 1.4 Project Delivery The completion duration for construction completion is anticipated to be no longer than 180 days from the issuance of the Notice to Proceed. Page 3 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1.5 Type of Contract Any contract awarded from this request for cost bid will be negotiated with the successful Bidder and in a form approved by the BBCRA Board attorney and the BBCRA Board. 1.6 Direction and Management The scope of work of this Project will fall under the direction and management of the BBCRA or its designated representative or agent. 1.7 Contacts A. Questions regarding this ITS & Overall Project may be directed in writing to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 (561) 600 -9091 or email: simonmgbbfl.us Answers to written questions shall be maintained in the BBCRA project file and are available to all bidders to review. B. Questions regarding the Construction & Design documents may be directed, in writing, to: Jason Webber, P.E. Kimley -Horn & Associates, Inc. 1690 South Congress Avenue, Suite 100 Delray Beach, Florida 33445 Direct: (561) 404 -7250 Cell: (813) 480 -6760 i ason.webber(c-) kimley-horn.com www.kimley- hom.com Answers to written questions shall be maintained in the BBCRA ITB project file and are available to all bidders to review. 1.8 Submittal Deadline The BBCRA will accept bids at the location listed below until 3:00pm, January 16, 2014. It is the responsibility of the Bidder to insure that submittals are received at the designated submittal location by the Submittal Deadline. Bids received after the submittal deadline will be returned to the Bidder unopened. 1.9 Submittal Location The Bids must be received in the office of the BBCRA, 710 N. Federal Highway, Boynton Beach, FL 33435, on or before the Submittal Deadline. Page 4 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1.10 Number of Copies In total, one (1) bound original of the Bid and one unbound (1) but clipped copy of the bid is required. In addition, one (1) digital copy of the Bid in PDF format on CD /DVD or thumb drive is required. Facsimile or emailed copies will not be accepted. Clearly mark the outside of the Bid as: Response to the Invitation to Bid BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -NE 1st Avenue & NE 1st Street & Sidewalk Connector Date Issued: December 6, 2013 1.11 Selection Criteria The lowest responsive and responsible bidder will be awarded the contract. 1.12 Public Information Statement The BBCRA considers all information, documentation and other material submitted in response to this solicitation to be of non - confidential and/or non- proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 1.13 Clarifications and Interpretations 1.13.1 _Answers to Questions Bidders are required to restrict all contact and questions regarding this INVITATION TO BID to the named individual(s) listed in 1.7. Contacts. All such requests must be submitted in writing, no later than 5:00 pm, December 23, 2013. Answers to questions will be provided no later than 5:00 pm, January 8, 2014. 1.13.2 Clarifications or Interpretations Any clarifications or interpretations of this INVITATION TO BID that materially affect or change its requirements will be issued by the BBCRA or its representative as an addendum. All such addenda issued by the BBCRA before the Bids are due, are part of the INVITATION TO BID, and Bidder(s) shall acknowledge receipt of and incorporate the requirements of each addendum in its Bid by completing and including in their response package Attachment "B "Addenda Acknowledgement. 1.13.3 Addenda Bidders shall consider only those clarifications and interpretations that the BBCRA issues by addenda at least five (5) days prior to the Submittal Deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the BBCRA and should not be relied upon in preparing the Bid. Page 5 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1.14 Obligations of Parties 1.14.1 Assumed Requirements Bidder understands and acknowledges by submitting a cost bid that the bid being submitted is based on assumed requirements for the proposed Project; and, that the BBCRA has made no written or oral representations that any such assumed requirements are accurate should a contract arise from the submitted cost bid. Bidder is required to qualify all assumptions it makes. 1. 14.2 Costs of Bid Submission Bidder understands and acknowledges by submitting a cost bid that any and all costs incurred by the Bidder as a result of the Bidder's efforts to participate in this selection process shall be at the sole risk and obligation of the Bidder. 1. 14.3 Reimbursement The BBCRA will not provide compensation to Bidder for any expenses incurred for cost bid preparation or for any presentations made. 1. 14.4 Award of Contract The BBCRA makes no guarantee that an award will be made as a result of this INVITATION TO BID, and the BBCRA Board reserves the right to accept or reject any or all bids, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this INVITATION TO BID or resulting contract when deemed to be in the BBCRA's best interest. Representations made within the Bid response will be binding on Bidder. 1.15 Completeness of Bid 1.15.1 Completeness Bidder(s) should carefully read the information contained herein, it is the responsibility of the Bidder(s) to submit a complete response to all requirements and questions. 1.15.2 Conditional Clauses Cost bids which are qualified with conditional clauses, or alterations, or items not called for in the INVITATION TO BID documents, or irregularities of any kind are subject to disqualification at the option of BBCRA. 1.15.3 Compliance Failure to comply with the requirements contained in the INVITATION TO BID request may cause rejection of the Bid. 1.15.4 Rejection Bids submitted after the Submittal Deadline will be returned unopened. Page 6 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1. 16 Withdrawal or Modification A cost bid may be withdrawn and resubmitted any time prior to the time set for receipt of bids. Outside of the approved negotiation process, no cost bid may be changed, amended, or modified after the Submittal Deadline. No cost bid may be withdrawn after the Submittal Deadline without approval of the BBCRA which shall be based on Bidder(s)'s written request stating reasons for withdrawing the bid that are acceptable, in the BBCRA's sole discretion. 1.17 Ownership of Bids Cost bids and any other information submitted by Bidder(s) shall become the property of the BBCRA; however, the BBCRA may return all other Bid information, upon written request, once a contract award is made. All "techniques bids" or other deviations from the pricing requested must be submitted as alternates and will be considered only if the bid pricing information requested by BBCRA is provided. 1.18 Validity Period Bids are to be valid for the BBCRA's acceptance for a minimum of 90 days from the submittal deadline date to allow time for evaluation and selection. A Bid, if accepted, shall remain valid for the life of the Contracts resulting from this selection process. 1.19 Bidder(s) Acknowledgement and Compliance Certification Bidder(s) shall complete and include a signed Bidder(s) Acknowledgement and Compliance Certificate exactly as shown in Attachment "D" Bidder(s) Acknowledge and Compliance Certificate. 1.20 Tentative Schedule of Actions 1.21.1 Release of Invitation to Bid December 6, 2013 1.21.2 Bid Submittal Deadline January 16, 2014, 3:OOpm 1.21.3 BBCRA Board Presentation February 11, 2014, 6:30pm 1.21.4 Construction to Begin March 3, 2014 1.21 Execution of Agreement 1.21.1 Offer of Contract Upon selection of the successful Bidder(s) by the Board of the BBCRA, the BBCRA will extend to said Bidder(s) an offer to enter into a Construction Services Contract. The terms and conditions of the Contract are subject to negotiation, but shall not deviate substantially from the qualifications and bids identified by the Contractor in its Bid and accepted by BBCRA in negotiations. 1.21.2 BBCRA's Right to Withdraw In the event the successful Bidder(s) fails to return an executed contract, and can identify to the BBCRA in writing negotiated terms that were omitted, the BBCRA reserves the right to withdraw its offer to enter into a contract with the Bidder(s). Page 7 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1.22 Bid Format 1.22.1 Conditional Responses Responses that are qualified with conditional clauses, alterations, items not called for, or irregularities of any kind are subject to rejection at the sole discretion of the BBCRA. 1.22.2 Additional Information Except for alternate methods or pricing, additional attachments shall not be included in the cost bid. Only the responses provided by the Bidder(s) to the questions identified in Section 3 will be used by the BBCRA for evaluation. 1.23 Public Entity Crimes 1.23.1 Lemal Requirements Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder(s) will in no way be a cause for relief from responsibility. 1.23.2 Public Entity Crimes All invitations to bid as defined by Section 287.012(l 1), Florida Statutes, requests for bids as defined by Section 287.012(16), Florida Statutes, and any contract document described in Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2) (a) of Section 287.133, Florida Statutes, Attachment "D" Public Entity Crimes Statement. 1.24 Bond Requirements 1.21.1 In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the BBCRA, a Payment and Performance Bond not less than 110% of the total cost of the Project. When the successful Bidder delivers the executed Agreement to the BBCRA, it must be accompanied by the required Bond and required insurance certificates and policies if applicable. Such bond shall be executed and issued by a resident agent licensed and having an officer in Florida, representing such corporate surety. Attorney in fact who signs bonds must file with such bond a certified copy of their Power of Attorney to sign said bonds. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its Performance Bond: "Surety expressly agrees to be bound by all terms and conditions relating to liquidated, delay and time or impact related damages, and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law." Page 8 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR The Bond must be written by a Surety licensed to do business in Florida and named in the current list of "Companies' Holding Certificates of Authority as Acceptable Sureties on Federal Bonds" as published in Circular 570(amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of Treasury. 2.0 BIDDER(S) QUALIFICATIONS 2.1 General Directions Bidder Oualifications - Responses to the following are to be provided EXACTLY with the item, paragraph, and section numbers shown hereinafter. Qualification information submitted shall be applicable only to the company entity or branch that will perform this Work. Bidder(s) are required to submit a complete response to each requested item that follows. Responses requiring additional space should be incorporated in to the Bid as an attachment with reference by item number as listed in the following sections. 2.2 Bidder(s)'s Location and Registration Name: Street Address: Mailing Address: City, State, Zip: Telephone No.: Fax No: Email Address of Contact Person: Federal Identification No.: State of Incorporation & Registration No If not a corporation, explain your status: 2.3 Bidder(s)'s History 2.3.1 Bidder(s)'s Ownership Status Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to organization and management efforts. 2.3.2 Age of Organization In continuous business since: Page 9 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE I ST STREET AND SIDEWALK CONNECTOR 2.3.3 Leadership List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publically held company list Chairman of the Board, CEO, and President. 2.3.4 Failure to Complete or Default List each project your organization has, on an awarded contract, defaulted or failed to complete and the reasons why. 2.3.5 Liquidated Damages List each project your organization has, on an awarded contract, paid liquidated damages and the reasons why. 2.3.6 Legal Actions List all civil and criminal legal actions in which your organization was a named party currently or in the past two (2) years, providing state, case number and disposition for each. 2.3.7 Safety History Worker's Compensation Rate List your organization's Worker Compensation Experience Modification Rate (EMR) for the last three years as obtained from your insurance agent. 2.3.8 For each public project completed within the past thirty -six (36) months list: the name of the public entity, the original bid amount on which the bid was awarded, then number and amount of change orders submitted by bidder, the amount by which the final project costs payable to bidder exceeded the original bid. 2.4 Organization and Project Personnel Qualifications 2.4.1 Organization Construction Services On -Site Provide an organizational chart during the construction services phase with names of individuals who will perform the on -site functions of Project Management & Supervision, Cost Control, Scheduling, Submittals and Quality Control. If individuals are not full time, indicate estimated percentage of time dedicated to the Project. 2.5 Relevant Construction & Project Experience Relevant experience of projects in which Bidder(s) performed General Contracting Firm services as outlined in this INVITATION TO BID are to be listed in the table shown in Attachment "E" Statement of Relevant Construction Experience. Bidder(s) are to exactly reproduce this table in their responses with information in accordance with the column headings shown. Notations such as "NIA" are not acceptable. If the information required in the column heading is considered "not applicable" or "not available" for particular project listed, then list another project where the information is Page 10 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR applicable and available. Projects listed should be as close as possible to the scope of the projects for this INVITATION TO BID. For each project listed in this table where Bidder(s) self performed any construction trade, provide a separate table, listing the trades(s) provided. 2.6 Safety Program If your organization has a Safety Program or procedures, please attached a copy to your Bid and note it in your Bid Table of Contents. 2.7 Quality Control Program Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract. This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis and corrective action and interface with building inspectors. 2.8 Schedule Achievement Program Provide a time schedule for completion of the Project and describe what techniques are planned to assure that the schedule will be met. 2.9 Subcontractors If a Bidder(s) subcontracts any portion of the Project for any reason, the Bidder(s) must state the name and address of the Licensed Subcontractor and the name of the person(s) to be contracted on the enclosed "Schedule of Subcontractors ", Attachment "F" Schedule of Subcontractors BBCRA reserves the right to accept or reject any or all bids wherein a Subcontractor is named, and to make the award to the Bidder(s), who, in the opinion of BBCRA, will be in the best interest of and/or most advantageous to BBCRA. BBCRA also reserves the right to reject a bid of any Bidder(s) if the bid names a Subcontractor who has previously failed in the proper performance of an award or failed to deliver Contracts of a similar nature on time, or is not in a position to perform properly under this award. The BBCRA reserves all rights in order to make a determination as to the foregoing. Bidder(s) shall include in their Bid a statement that if selected to enter into a Construction Services Contract, that they shall periodically throughout the term of the Contract, provide the BBCRA an updated list of all subcontractors working on the Project. 2.10 Drug -Free Workplace Certification In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain a drug -free workplace. The bidder shall complete and submit with its bid the attached certification, Attachment "G" Drug Free Workplace Certification. Failure to include an executed certification may cause the bid to be considered non - responsive. 2.11 Licenses Bidder(s) shall provide copies of any and all licenses, certifications or other related professional credentials held by the company required to complete the project. Page I I of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 2.12 Insurance Requirements Bidder(s) shall provide copies of the firm's General Liability and Workers' Compensation Insurance Certificates with their proposal. 3.0 PRICING AND COSTS 3.1 Construction Services Price Bid and Related Costs The cost bid shall be provided in the format shown in Attachment "H" Cost Bid along with a breakdown of costs per C.S.1's sixteen division categories for the project scope the Bidders will responsible for undertaking to complete the project as per the construction documents for categories and subcategories as listed in Attachment "I" Costs. Prepare a narrative Scope of Work listing all allowances, assumptions and clarifications within the cost bid proposal. The scope of the Bidders work consists of the totality of the Construction Firm's duties and obligations under the Contract Documents. 3.2 Self Perform Identify all work your firm would propose to self - perform for this program in recognition that such work would be competitively bid and awarded at the BBCRA's sole discretion. 3.3 Permit Fees The BBCRA has pre -paid for the plan review and construction permit fees associated with the project as of the date of issuance of the ITB. The BBCRA will pay the City of Boynton Beach directly for any additional fees or costs associated with the completion of the Project excluding any fees or costs incurred by the selected contractor as a result of deficiencies in performance or oversights in construction management practices. Page 12 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR ATTACHMENT "A" CONSTRUCTION DOCUMENTS Request for Bid documents, construction plans and specifications for the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 st Avenue & NE 1 st Street & Sidewalk Connector maybe obtained online at www.catchboynton.com on CD /DVD disc from the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. 13 Of 23 BOYNTON BEACH C.OMMMITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -NE 1 " AVENUE &NE I" STREET ANT) SIDEWALK CONNECTOR ATTACHMENT "B' ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1ST AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR COST INVITATION FOR BID by entering YES or NO in the space provided and indicating date received. No.1 Date No.2 Date No.3 Date No.4 Date No.5 Date Bidder(s )'s Signature Title 14 of 23 BOY NTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT —NE I` AvENUE &NE I" STREET AND SIDEWALK CONNECTOR ATTACHMENT "C" BIDDER(S) ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids To: Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Issue Date: December 6, 2013 Project Title: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR Bid Submitted By: January 16, 2014. Bids must be received in their entirety by the Boynton Beach CRA no later than 3 :00 p.m. (local time). Bids will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency. Name of Vendor: Federal I.D. Number: A Corporation of the State of: __ Telephone Number: ( - Fax Number: ( - Mailing Address: City: State: Zip: Vendor Mailing Date: Authorized Signature Name (Printed or Typed) 1 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROTECT -NE t" AVENUE & NE I" STREET AND SIDEWALK CONNECTOR ATTACHMENT "D" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list fallowing a conviction for public entity crime may not: submit a bid on a contract or provide any goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work; submit bids on leases of real property to a public entity; be awarded or perform work as a CONTRACTOR, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. ider(s)'s Signature Title 16 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT A(3rNCY PARKING LOT PROJECT -NE 1" AVENUE &NE 1" STREET AND SIDEWALK CONNECTOR ATTACHMENT "E" STATEMENT OF RELAVANT CONSTRUCTION & PROJECT EXPERIENCE 1. Name of Bidder(s): 2. Business Address: 3. When Organized: 4. Where Incorporated: . ..................................................................................................................................................... 5. How many years have you been engaged in the contracting business years under the present firm name? 6. General character of work perfon by your company: .................. 7. Enclose evidence of possession of required licenses and/or business permits. S. Number of Employees: 9. Background and experience of principal members of your personnel (including officers). 10. Bonding Capacity: 11. Have you ever defaulted on a contract? If so, where and why? Yes — No 12. Experience in performance: Protec $ Value Contact Name Phone# . ............. . .............. . . ........... . ..... 17 of 23 bOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT —NE 1" AVENUE & NE I" STREET AND SIDEWALK CONNECTOR ATTACHMENT "F" SHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any Subcontractor(s) participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -- NE 1ST AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR Submission Date: January 16, 2014, no later than 3:00pm Bidder(s)s Name: Name /Address /Phone of Type of Work to be Subcontractor Performed Dollar Amount % of Total Name: c s 1 wF I l�ie'ubL, II i 1 I I Name: Address: Phone: 1 of 23 BOYNTON BEACH I OMMUNITY KEDEVELOPMENT AGENCY PARKING LOT PROJECT --NE ]" AVENUE & 1" STREET AND SIDEWALK CONNECTOR ATTACHMENT "G" DRUG -FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug -free workplace programs but it is not a requirement to submit a bid proposal. Whenever two (2) or more bids, which are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug - free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition, 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance law of the United States of America or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. b) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. ie(s)'s Signature Title 19 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -NE I" AVENUE & NE I" STREET AND SIDEWALK CONNECTOR ATTACHMENT "H" COST BID Project Title: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1ST AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR Name of Bidder(s): We propose and agree, it this bid is accepted, to contract with the Boynton Beach Community Redevelopment Agency, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete /provide the work specified by the Contract Documents. Having studied the documents prepared by: Kimley -Horn & Associates, Inc., and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Bidder(s) agrees to accept as full payment for the Project or Identified Portion of the Project. GRAND TOTAL: $ Dollars and Cents (amount written in words has precedence) The undersigned Bidder(s) agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within calendar days thereafter. One (1) Original, one (1) unbound copy and one (1)CD /DVD of bid submitted Attached is a computer - generated, horizontal bar chart showing proposed schedule of work. Schedule of Subcontractor(s) submitted. Evidence of possession of required licenses and /or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. 20 of 23 BOYNTON BEACH (-OMMl1NITY RMEVILOPMENT AGENCY PARKING LOT PROJECT -NE 1" AVENUE &NE 1' STREET AND SIDEWALK CONNECTOR The Bidder(s), by and through the submission of his Bid, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. The Bidder(s), by submission of this Bid, acknowledges that the Bidder(s) has been advised that in the event that the Bidder(s) contests the award of this Project to another Bidder(s), the Bidder(s) damages, if any, are limited to actual Bid preparation costs, and Bidder(s) hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Bidder(s). Date Name of Bidder Corporation, Firm or Individual By: Signature Printed /Typed Name Title Telephone Number Florida Contractor's License Nus ber� 21 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT —NE I" AvENUE & NE 1 1T STREET AND SIDEWALK CONNECTOR ATTACHMENT "I" COST BID C.S.I. DIVISION BREAKDOWN - '` il(, l is.�, ,� ti \, .,l � .: �1 ,i� l� (. „� A Iii o�ll(� �;+ i s��)v•�l ,, ��} v ,r ��) (l1s 4 , ,,�5 i�v � \�� 1 f� ��„ �� ffl � � ((/ � it,_r avid, �hs " „��JA�7�)�1��» •��i i� � _ �i � �, 1., _ ,,, n1ft14)_ U R, �..,{ t1� (�t,4��,3k \C °.��'i�ffsU��, 54445, ��W��Y`I�r h)� \� �E DIVISION 01- GENERAL CONDITIONS DIVISION 02 - SITEWORK DIVISION 03 - CONCRETE DIVISION 04 - MASONRY DIVISION 05 - METALS DIVISION 06 - WOODS & PLASTICS DIVISION 07 - THERMAL & MOISTURE PROTECTION DIVISION 08 - DOORS & WINDOWS DIVISION 09 - FINISHES DIVISION 10 - SPECIALTIES DIVISION 11 - EQUIPMENT DIVISION 12 - FURNISHINGS DIVISION 13 - SPECIAL CONSTRUCTION DIVISION 14 - CONVEYANCE DIVISION 15 - MECHANICAL PLUMBING DIVISION 16 - ELECTRICAL '°;SUBTOTAL u Bond General Contractor's Fee General Liabili Permit Fees (Inspection fees or similar fees encountered during the construction phase. Owner to pay all other permit fees directly to the City outside the GC's project cost. .,. TOTAL CONS FRUCTION COST; 22 of 23 BOYNTON BEACH COMMUNITY R EDEVELOPMENT AGENCY PARKING LOT PROJECT —NE 1” AVENUE & NE 1" STREET AND SIDEWALK CONNECTOR ATTACHMENT "J" SITE INSPECTION CONFIRMATION Each Contractor submitting a proposal on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. Project: Boynton Beach Community Redevelopment Agency Parking Lot Project — NE 1 st Avenue & NE 1 St Street & Sidewalk Connector Check One: ° Non - Mandatory ' Mandatory ® as an authorized representative of Name and Title of Representative (hereinafter called the Proposer) located at Name of Company and that said Company Address Proposer has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail prior to submitting his Proposal or Proposal. 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(561)689-0889 www.RossoS!teDevelopment.com Lake , FL 33460 1 ) 689-2851 CGC1520819 RU I 1D66614 1j The Boynton Beach Community RedevelOPMent Agency ) will accept sealed bids the for Project listed below. will accept scaled bids at its , 7 1 publ 3�, , 3 3 j , . and then at i ° held at 3 :1 . January 16, 2014. AU Bids not received pr ior to the date and ti CONSIDERATION. The time or Reception Am is the time of Invitation or Bid `o i must be obtained office or websfte ,__t accept The BBCRA will bids submitted by licensed General Contractors. At the time of bid Palm Beach County, as submissiun, each bidder properly - licensed in f Florida car applicable, for the of perfoming the specified Work. A bidder is not a responsible i if- I. They do not hold esi fig s s) to apply for n its required r 2 • They have not completed 3) or mom similar for a public entity, developer, o r condominium within the -e3 t month 3. They have been a party to i ° °o arb itration °sip a projea for a public entity within forty-eight ) months. ® They are n ot able to prov f of ility to obtain to l 'on o the project. 5- They have paid liquidabul damages to a public entity for a public t that was delayed 6. They were the contzwtor on a 1 ) days, forty-eight ) months. public construction t incurred cost ogy ® si exce (10 %) of the amount of their b t within the past fo t s- Fo PARKING LOT PROJECT ® NE 1 ' Avenue & NE I' Street & Sidewalk Connector Located at 208 NE V Street , FL Loue Date December Submission Deadline January 16,2014, no later than 3:00pm No Mandatory Pre-bid Meeting Pap I o f23 BOYN TOP PARKING LO PROJEC - NE IS°T AVENUE IS'T STREET AND SI DEWALK CONNECTOR The Board of the BBCF-A reserves the rigbt to reject any bid submitted by a bidder is not responsive s si 1 e bidder as described above or an incomplete bid. A submission that is not timely is not a bid will not be, opened or reviewed b the BBCRA. ALL BIDS NOT RECENED PRIOR TO THE DATE AND TIME SET FORTH ABOVE WILL NOT BE ACCEPTED FOR CONSIDERATION. time r clock at the BBCRA's Reception Am is MMODUC710N and BACKGROUND The Boynton Beach Community Redevelopment Agency recognized e importance of commercial and residential redevelopment component major of the 's Redevelopment Plan. o f 2007, the BBCRA completed ' sition of approximately 0.64 acres located at the NE corner of l Avenue Street. The intended use for this parcel of land was to create a public parking lot that would provide additional parking spaces for i s as well as the visitors who attend the y CRA sponsored special events held at the City's Amphitheater downtown corridor located in close the proposed parking lot. 'Me CRA has also identified e lack of o to connectivity r to investment and redevel to As such, the CRA is including the construction of li sidewalk i of - lying I" Avenue to the north and E. Oom Avenue to the south to connect the proposed lot project to E. Ocean Avenue. The scope of work of the Parldng Lot Project — NE 1 Aven & NE 1 Street and Sidewalk Connector is to construct a mufwe parking lot along with lighting, landscaping, sidewalks and signage. 1.0 COST BID REQUIREMENTS The Boynton Beach Community Redevelopment Agency (BBCRA) is accepting sealed bids for the general contractor selection proms and to enter into co responsible qualified ivi dual or entity to provide and complete ` , installation consistent with a construction delivery process for the following project (hereinafter referred to as the : P-MICON BEACH [2 Est ye e s Sidew C r an or Lx General Information The Project documents available from the BBCRA constitute j t that is th subject of i s bid invitation. 1.2 Scope of Project Work Contractor shell provide all materials, labor, and maintenance of e o the necessary construction activities to complete project improvements, specified io n plans prepared by Kimley-Horn Associates, Inc., Page 2 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE t ST STREET AND SIDEWALK CONNECTOR consultant to the BBCRA. The scope of work (Work) includes but is not limited to the following. I. Construction of a 58 space surface parking lot and sidewalk connector. 2• Landscape, bard scape, lighting and signage site improvements, See AftMineod "A" ConstrLvilon Documem last dated November S, 2013, (amffabk onfine of ike BBCRA Is websio, www-efthboM(o or an &9k at the BBCRA offime. locamd at 710 X Fedffd HArkway, Boynton Bewh, FL 33435. The construction documents supplied by the BBCRA have been reviewed and have been approved for pezynit issuance by the City of Boynton Beach Building Department. All construction is to meet or exceed id] materials quality specifications. No deviations from plans will be approved without prior written request, notification to BBCRA and formal approval issued by the BBCRA. The successful bidder must provide all storage of materials, either onsite as approved by the Client or offlite as needed. 'Me selected Contractor is to provide a full-time Construction Manager assigned to the Project. Ile selected Contractor is to provide all stomp of materials, either onsite as approved by the B13CRA or offsite as needed. In the event that temporary disruption of activities is necessitated due to construction, the selected Contractor is to provide written notification of activity, a schedule of construction activities and a guaranteed completion date of activities. The Work included in this projw consists of furnishing all tools, materials, equipment and supplies as well as the perforniance of all labor, handling, services and incidentals, including applicable taxes necessary for the Boynton Beach CRA. The foregoing description is general in natum The scope of work is more specifieWly defined by the Contract Documents. 1.3 Personal Investiption and Obliption of the Bidder(s) Each Bidder shall fifforin themselves fully of the conditions relating to the construdion of the Project and the employment of labor thereon. Failure to do so shalI not relieve a successful Bidder of his obligation to finT:i1sh all material and labor necemary to carry out the provisions of his Contract. At the time of the bid's submission, each Bidder shall submit a completed sit Inspection Confirmation form AlYachment "J" and is presumed to have inspected the, site and to have read and to be thoroughly familiar with the plans and construction documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect to Bidder's Bid. 1.4 Project Delivery The completion duradon fbr construction completion is anticipated to be no longer than ISO days from the issuance of the Notice to Proceed. Page 3 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMM'AGENCY PARKING LOT PROJECT – NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1S Type of Contmet Any contract awarded ftom this request for cost bid will be negotiated with the successlial Bidder and in a form approved by the BBCRA Board attorney and the BBCRA Dowd. 1.6 Direction and Management 'Me scope of work of this Project will fall under the direction and management of Ux BBCRA or its designated representative or agent. 1.7 Contacts A. Questions regarding this ITB & Overall Project may be directed in writing to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 (561) 600-9091 or il® siM "nm hbfl.M Answers to written questions shall be maintained in the BBCRA project file and are available to aft bidden to TeVicw- B. Questions regarding the Construction & Design documents may be directed, in writing, to: Jason Webber, P1. Kimley-Horn & Associates, Inc. 1690 South Congress Avenue, Suite 100 Delray Beach, Florida 33445 Direct: (561) 404-7250 Coll. (813) 480-6760 ig-yn. nLbh2aWm1 ev-horn.cgm www.kimiev-hom.com Answers to written questions shall be maintained in the BBCRA ITB project file and am available to all bidders to review. 14 8 Submittid Deadline The BBCRA will accept bids at the location listed below until 3:00pm, January 16, 2014. It is the responsibility of the Bidder to insure that submittals are received at the designated submittal location by the Submittal Deadline. Bids received aftr the submittal deadline will be returned to the Bidder unopened. 1.9 Submittal Location The Bids must be received in the office of the BBCRA, 710 N. Federal Highway, Boynton Beach, FL 33435, on or before the Submittal Deadline. Page 4 of 23 BOYNTON BEACH COMMUNI rY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE IST AVENUE & NE I ST STREET AND SIDEWALK CONNECTOR 1.10 Number of Copies In total, one (1) bound original of the Bid and one unbound (1) but clipped copy of the bid is mquired. In addition, one (1) digital copy of the Bid in PDF format on CD/DVD or thumb drive is required. Facsimile or emailed copies will not be accepted. Clearly mark the outside of the Bid as: Response to the Invitation to Bid BOYNTON BEACH COACKUNITY REDEVELOPYHNT AGENCY PARIKING LOT PROJECT-NE lat Avenue & NE Ist Street & Sidewalk Connector Date Issued: December 6,2013 1.11 Selection Criteria The lowest responsive and responsible bidder will be awarded the contract. 1.12 Public Information Statement The B13CRA considers all information, documentation and other material submitted in response to this solicitation to be of non-confidential and/or non- proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 1.13 Chiriffeationi and Interpretations 1.13.1 Answers to Questions Bidders are required to restrict all contact and questions regarding ft INVITATION TO BID to the named individual(s) listed in 1.7. Contacts. is requests must be submitted in writing, nof r than 5:00 pm, December 23, 2013. Answers to questions will be provided no later dum ® pm, January 8, 2014. 1.131 !Qlarifications aln Any clarfficadons or interpreWons of this INVITATION TO BID that materially affect or change its requirements "I be issued by the BBCRA or its representative as an addendum, All such addenda issued by the BI3CRA ® the Bids are due, are part of the INVITATION TO BID, and Bidder(s) shall acknowledge receipt of and incorporate the requirements of each addendum in its Bid by completing and including in their response package Aadchxwnt "B"Addenda AcknowLedganext 1.13.3 Addendq Bidders shall consider only those clarifications and interpretations that the BBCRA issues by addenda at least five (5) days prior to the Submittal Deadline. Interpretations or clarifications in any other form, including ond statemerft will not be binding on the BBCRA and should not be relied upon in preparing the Bid. Page 5 of 23 BOYNTON 13EACH COMMUNITY REDEVELOPMENT AGENCY PARMG LOT PROJECT - NE I ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOP, 1. 14 Obliptions of Parties 1.1 °1 AMIMELEgglLirements Bidder understands and acknowledges by submitting a cost bid that the bid being submitted is based on assumed requirements for the proposed Project; and, that the BBCRA has made no wrimn or oral representations that any such assumed requirements are accurate should a contract arise from the submitted cost bid. Bidder is required to qualify all assumptions it makes. 1.1 4.2 Costs of Bid Submission Bidder understands and acknowledges by submitting a cost bid that any and all costs ® by the Bidder as a result of the Bidder's efforts to participate in this selection process shall be at the sole risk and obligation of the Bidder. 1.1 4.3 LuMmen I The BBCRA will not provide compensation to Bidder for any expenses inC urred for cost bid preparation or for any presentations made. 1.14A AMEdgLQontract The BBCRA makes no guarantee filud an award will be made as a result of this INVITATION TO BID, s erves the rigbt to accept or reject any or all bids, waive any formalities or minor technical inconsistencies, or delete any itern/requirements from this INVrrAnoN TO BID or resulting contract when deemed to be in the B13CRA's best interest. Representations made within the Bid response wfll be bindm'g on Bidder. 1.15 Completeness of Bid 1.15.1 Comnleteness, Bidder(s) should carefully read die information contained herein, it is the responsibility of the Bidder(s) to submit a complete response to all requirements and questions. 1.15.2 Conditional Clauses Cost bids which are qualified with conditional clauw,% or alterations, or items not called fbr in the INVITATION TO BID documen% or irregularities of any kind am subject to disqualification at the option of the 1.1 .3 Q .Qmpliance Failure to comply with the requirements contained in the INVITATION TO BID request may cause rejection of the Bid. 1.15.4 Bids submitted after the Submittal Deadline will be mtrned unopened. Pap 6 of 23 BOYNTONHEACH CONWUNITY REDEVELOPMENT AGENCY PARKrNG LOT PROJECT - NE I ST AVENUE & NE IST STREh AND SIDEWALK CONNECTOR L16 i Modification A cost bid may be withdrawn any time prior to the time o receipt i ds. Outside of the approved negotiation s, no cost bid may be changed, amended, or modified after the Submittal Deadline. No cost bid withdrawn i ttal Deadline without approval of the BBCRA which shall be based on Bidder(s)'s s o for withdrawing the bid that,are acceptable, in 's sole discretion. 1.17 Ownership of Bids other Cost bids and any information i s) shall property of however, the BBCRA may return all other Bid information, upon written request, once a contract award is made. All "techniques i ds" or other deviations from the pricing s e submitted s and will be considered only if ic' information requested by BBCRA is providecL 1,18 Validity Period Bids are to be valid or the BBCRA's acceptance for i s from the submittal deadline date to allow time for l l 'a. A Bid, i tl remain valid for the life of 1 ' from is selection . 1.19 Bidder(s) Admewledgement and Compliance Certification i l oomplew and include signed Bidder(s) Acknowledgement Compliance ° 3 to exactly as shown s) Compl Acknowkilge and 1.20 Tentative Schedule of Actions 1.2 1.1 Release of vi i 13 1.21.2 Bid € l Deadline January 16, 2014, 3: 1. 1. 1, 2014, 6:30pm 1.21.4 Construction to Begin March 3, 1.21 Execution of Agreement 1. 21.1 o Upon selection l Bidder(s) by 1he Hoard of the the BBCRA will extend to said Bidder(s) offer Construction Services t+ The terms and conditions o e Coneact are s shall not deview substantially qualifications and bids i t€ fied by the Contractor i its i by BBCRA in negotiations. 1.211 's Right to Withdraw In the event the successful Bidder(s) fails to return an executed contwo, and can identify i' negotiated terms that were omitted, es the right to offer to enter into a contract with the Bidder(s). Page 7 of 23 BOYNTON BEACH CONOMqTY REDEVELOPMENT AGENCY PARKING LOT P — 1ST AVENUE NEIST STREET SIDEWALK 1.22 Bid Format 1. 22.1 Conditional Rown—ms Responses that are qualified with conditional clauses, alterations, items not called for, or irregularities of any kind am subject to rejection at the sole discretion of the BBCRA. 1. 22.2 AN lt onal Information Except for altemate. methods or pricing, additional attachments shall not be included in the cost bid. Only the responses provided by the Bidder(s) to the, questions identified in Section 3 will be used by the BBCRA for evaluation. 1.23 Public Entity Crimes 1.23.1 !A Ad Reauloments Federal, State, County and City laws, ordinance% rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder(s) will in no way be a cause for relief from responsibility. 1. 23.2 Nb I i 0 9 p 9V-C-r -fi-n-e a All invitations to bid as defined by Section 287.012(l 1), Florida Statutes, requests for bids as defined by Section 287.012(16), Florida Statutes, and any contract document described in Section 7.5,F1 Statutes, shall contain a statement informing penons of the provisions of paragraph (2) (a) of Section 287.133, Florida Statutes, AffaMment "D PuNic Exi*y 01mes SWMML 1.24 Bond Requirements 1, .l In accordlance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the BBCRA, a Payment and Performance Bond not less than 11 of the total cost of the Project. When the suci;essful Bidder delivers the executed Agreement to the BBCRA, it must be accompanied by the required Bond and required insurance certificates and policies if applicable. Such bond shall be executed and issued by a resident agent licensed and having an officer in Florida, representing such oorporate surety. Attorney hi fitct who signs bonds must file with such bond a certified copy of their Power of Attorney to sign said bonds. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its Performance Bond - Surety expressly agrees to be bound by all terms and conditions relating to liquidated, delay and time or impact related damages,, and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law." Page 8 of 23 BOYNTON BEACH COMMUNITY REDEVUOPMENT AGENCY pARKING LOT PRO= — NE 1ST AVFNIJF & NE IST STREET AND SDEWALK CONNECTOR The Bond must be written by a Swety licensed to do business in Florida and named in the current list of "Companies' Holding Certificates of Authority as Acceptable Sureties on Federal Bonds" as published in Circular 570(amended) by the Financial lvlanagement Service, Surety Bond Branch, U.S. Department of Treasury. 2.0 BEDDER(S) QUAL][151CATIONS 2.1 General Dinxtions B1ddLrfjs — ]Rkes onsmi, to e ed p Lffigga:gg are to be EXACTLY with the 1 MR DL and m�gfi!2a ammlZ#rs shown hereinafter. Qualification information submktod shall be applicable only to the company entity or branch that will perform this Work. Bidder(s) am required to submit a complete response to each requested item that follows. Responses requiring additional space should be incorporated in to the Bid as an attachment with reference by item number as listed in the following sections. 2.2 Didder(s) Is Location and Registration Narne: ?NOSSO Stred Address: U Mailing Address: City, State Zip: Telephone No.: Fax No:_ I Email Address of Contact Person: tm msso& arj�--r-VaoPmr-n+ ("M Federal Identification No.: State of Incorporation & Registration If not a corporation, explain your status. ka I A 23 Bidder(s)ls History 2.3.1 Bidder(s)ls Owuersblp Status Is the company currently fbr sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to organization and management efforts. 9 0 2.32 Age of Organization In continuous business since DO%a Page 9 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE I ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 2.3.3 Leadership List Corporate Offlc incipals, Partners or owners of your Organization with titles and addrems. If a public ally held company list Chairman of the Board, CEO, and President. Sc-c- o_4Aa4% 23A Failure to Complete or Default List each project your organization has, on an awarded contract defaulted or failed to complete and the rmsons why. t4c>r)C, 2.3.5 Liquidated Damages List each project your organization has, on an awarded contmet, paid liquidated damages and the reasons why, 2.3.6 1A01 Actions List all civil and criminal legal actions in is your organization was a named party currently or in the past two (2) years, providing state, case number and disposition for each. N o rNe., ®7 tory 'T's CommadmIak List your organization's Worker Compensation Experience Modification Rate (EMR) for the last three years as obtained from your insurance agent. 1.0 E"9� 23.9 For each public project completed within the past thirty-six (36) months list: the name of the public entity, the original bid amount on which the bid was awarded, then number and amount of change orders submitted by bidder, the amount by is the final project costs payable to bidder exceeded the original bid. sc-r— C�_4 cLch 2.4 Organization and Project Personnel Qualifications 2.4.1 OrgiwLzation Congruction aervim On-Site Provide an organizational chart during the construction services phase with names of individuals who will perform the on-site functions of Project Nfanagement & Supervision, Cost Control, Scheduling, Submittals and Quality Control. If individuals are not full time, indicate estimated percentage of time dedicated to the Project. 2.5 Relevant Construction & Project Experience Relevant experience of projects in which Bidder(s) pmformed General Contracting Firm services as outlined in this INVrrATION TO BID are to be listed ift the table shown in Aftachatent - E - Mateffleftt of Relevant Constructi idder(s) are to exactly reproduce this table in their responses with infomiation in accordance with the column headings shown. Notations such as 'N/A" are not acceptable. If the information required in the column heading is considered "not applicable" of available" for particular project listed, then list another project where the information is Page 10 of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE I ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR applicable and available. Projects listed should be as close as possible to the scope of the projects for this INVITATION TO BID. For each project listed in this table where Bidder(s) self performed any construction toe, provide a separate table, listing the trades(s) provided. 2.6 Safety Program If your organization has a Safety Program or procedures, please attached a copy to your Bid and note it in your Bid Table of Contents. 5�C OgA- Z a 2.7 Quaft Control Program Provide a complete quality control program. which will become a compliance document upon award of a Construction Phase Contract, This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and molution of deficiencies, trend analysis and corrective action and intmfwe with building inspectors. G cc CkAkaxhled 2.8 Schedule Achievement Progmm Provide a time schedule for completion of the Prcject and describe what techniques are planned to assure that the schedule will be met. vjcc mrtAA 2.9 Subcontractors Ly— V\J �� If a Bidder(s) subcontracts any portion of the Prq a the Bidder(s) niust state the name and address of the Licensed Subcontractor and the name aft person(s) to be contracted on the enclosed "Schedule of Subcontractors". Affachment 'IF" Schedule of Subcontractors. BBCRA reserves the right to accept or reject any or all bids wherein a Subcontractor is named, and to make the award to the Bidder(s), who, in the opinion of BBCkA, will be in the best interest of and/or most advantageous to BBCRA. BBCRA also reserves the right to reject a bid of any Bidder(s) if the bid names a Subcontractor who has previously failed in the proper performance of an award or failed to deliver Contracts of a similar nature on time, or is not in a position to perform properly under this award. The BBCRA reserves all rights in order to make a determination as to the foregoing. Bidder(s) shall include in their Bid a statement that if selected to enter into a Construction Services Con y shall periodically throughout the term of the Contract, provide the BBCRA an updated list of all subcontractors working on the Projea 2.10 Drug-Free Workplace Certification In accordance with Florida Statute 287.087, the bidder shall cer* that it has and will maintain a drug-firee workplace. The bidder shall complete and submit with its bid the attached certification, Aflachmma "G" Drug Free Workplam CeWyka&& Failure to include an executed certification may cause the bid to be considered non-rrsponsive. 2.1 Licenaim Bidder(s) shall provide copies of any and all licenses, certifications or other related professional credentials held by the company required to complete the project. Page 11 of 23 130YNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE IS T MIZEET AND SIDEWALK CONNECTOR 2.12 Insurance Requirements shall provide cop of 's General Liability and Workers' Compen sation insirrance Certificates with their proposal. 3.0 PRICING AND COSTS 3.1 Construction Services Price B and Related Costs The i s Y i is c i breakdown f co sts = C.S SiXt= is C p ope r t ° es as listed in t " '�yc SgM 0 l° t° l °o s the C onstruction L ' li Documen 4 a i V 3.2 Sdf Perform S Identify t } work your firm would propose if or this program in ition that such work would be compet bid and awarded at the BBCRA's sole discretion. pre 3.3 Permit Fees The BBCRA has for the plan review and constru it fees associ with the project as of the i of the ITB. The BBCRA will pay the City of direct Boynton Bea& i' onal fees or costs associated with the completion of c Project ex cluding c i by the selected r as a res de ficiencies r oversights in s i management practice Page 12 of 23 BOYNT COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1 ST AVENUE & NE I ST STREET AND SIDEWALK CONNECT ATrACHMENT"A!' CONSTRUCTION DOCUMENTS Request for Bid documents, construction plans and specifications for the BOYNTON REACH COMMUNITY REDEVELOPMENT AGENCY PARKING WT PROJECT - NE I st Avenue & NE I st Street & Sidewalk Connector maY be obtained online at www. o WZtga&= on CDOVD disc from the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL. 33435. 13 of 23 BoYNToN BEAcH CommuNrry REDs AGENcy PARKING LOT PROJECT -NE IsT AVENUE & NE 1ff'5 TRM AIM SM9WALK CONNECTOR ATrACHMENT "B' ADDENDA A Receipt & hereby acknowledged e dbn addenda COMMUNT17Y REDEVELOPMENT AGENCY PARKING _ NE IsT AVENUE & NE 1ST STREET AND SH)EWALK CONNECTOR COST entering WMATION FOR BID by or NO in the s' provided and indicating date received. %! Date %\ &2 Date ! 0.3 Date % ± 5 e y■ | «/ ,w � _ . Title 14 of 2 3 BoyNmN BEAcH CommuNrry REDEVELOPMNT A Y PARKING T PROJECT — NE I "" & E & NE I AND S UNWALK CONNECTOR ATTACHMENT "C" BIDDER(S) ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids To: Boynton Beach Community Redevelopment Agency 7l North Federal Highway Boynton Beach, Fl, 334,35 Issue Date. December 6,2013 Project ® BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE IST AVENUE & NE IST STREET AND SIDEWALK CONNECTOR Bid Submitted By January 16, 2014. Bids must be received in their entirety by the Boynton Beach CRA no later than 3:00 p.m. (local time). Bids will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise, All awarcis made as a result of this bid shall conform to applicable sections of the chax-ter and codes of the Boynton Beach Community Redevelopment Agency. Name of r® Federal I.D. Number, q UAUo%2.Lp A Corporation of the State of; %:L Telephone Number- (5U k_) lack 1 3 Fax Number. Mailing Address: Cit —A = g L V J1=' State- Zip: ' 33�quo Vendor Mai - gnature �Auth Signature Natne (PiffiCafixr Typed) 15 of 23 130YNTON BEACH CommuNrry REDEvEWPMENT AGENCY PARKING LOT PROJECT — NE IT AVEMM & NE I AND SIDEWALK CONK OR ATTACHAWNT "D" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the corrvicted vendor list following a conviction for public entity crime may not: submit a bid on a contract or provide any goods ors to a public entity; submit a bid on a contact with a public entity for the constuction or repair of a public building or public work, submit bids on leases of real property to a public entity; be awarded or perform work as a CONTRACTOR, supplier, subwnt:ractor or consultant under a cantrad with any pblic entity, or trwmact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO fora period of thirty-six (36) months from the date of being placed on the convicted vendor list. As the pmon authorized to sign the Statement, I certify that this firm, complies fully with the above ireti 4 B1dderKs re )'s Signatu Z � �gi it 13 Rmsb AS r I ritle 16 of 23 30y=X BsAcH CommLNTry REDEvELommNT AaENcy PARKING LOT PROJECT —NE I n AvRaR & NE I ST SIR= AND SIDEWALK CONMCTOR ATTACHMENT "E" STATEMENT OF RELAVANT CONSTRUCTION & PROJECT EXPERIENCE 1, Nam of Bidder(s): 2® Business Address: 3® When Organized: 4. Where Incorporated: 5. How many Yom have you been engaged in the conftacting business years under the present firm name? & General character of work performed by your company I RD%MO QL Ck TR�� 7. Enclose evidence uf possession of required licenses and/or business permits. 6jkiachcv� S. Nuniber of Employees - - ku 9. Background and experience of principal members of your personnel (including offi cers). 01WT-h 10. HondingCapw1tT ]L Have you ever defaulted on a cordract? If so, where and why? Yes ZNo 12. Experience in performance. Evoiled S Value ontact Name khme-N M W 1 sxmffiaLv 4-B=0&— jLv Z-� oz a% $-qE-5i&w -RdL— Sj5LAD3-'-% 29M " c r%n Wroj (Tarl-N 4sez., o-mtracbcd 17 of 23 BOYNMN BEACH COMMUNITY REDEWLOPMENT AGENCY PARKING L(YrFROJECT-NE IrrAVENUE &NF, P STMETAND S LK CONNECTOR ATTACHMENT "F" SIFIEDULE OF SUBCONTRACTORS Bidder(s) are to subrrdt a detailed listing of any Subconft=or(s) parficipadon of any portion of this pruject for any reason. Attach additional palges if necessmy. "ect Tlde: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1ST AVENUE & NE I ST STREET AND SIDEWALK CONNECTOR Submission Data January 16, 2014, no later than 3 Bldder(s)x Name: NamelAddress/Phone of Type orWork to be Subcontractor Performed Dollar Amount % of Total Name: 9 F% P�= COO&L'a 6UX�L Address: OR 1 51 �51 ;a tAwo - Vho v . T60,4*%) %dn.VL _67aW Phone: Name: Addrc= C"Cek" CCLk �q Na e. Address. akk 4 'A Y Wcer PoAM f Phone: — U 18 of 23 BOYNTON BEACH CommmrY REDEwLopwa AGENCY PARKINO LOT PROJECT — NE I ay AVENUE & NE I �STMET AND S LDEWALK CONNECrOR ArrACHMENT "F" SHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed ]Mng of any Subcontractor(s) participation of any portion of this project for any reason. Attach addonal pages if necessary, Project Thle: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1ST AVENUE & NE !s STREET AND SIDEWALK CONNECTOR Submimlon Date: January 16,2014, no later than 3 Bidder(&,)s Name: Nome/Address/Phone of Type of Work to be Subcontractor Performed DaHar& n % of Total Name: -- tp r Address. Mq ts Chcor- r-L Px C� WC54- palm R=P�'X"b Phone: 5u t- sq. w Name; Address: ko%2 Lo wcs+ Peam FoLh, Fi, Phone: I SLO-atAt- Name: F-ewsA- UnA Address: 4 WCJA-r-r ciuwz, i t ! CA � L-AVC-Mkilh,F SO-" �kaV Phone- =1 M 0 18 of 23 BoywoN BEACH Commuwry REDEVELOPMENT AGENcy PARKING LCVr PROJECT- NE I"TAVFXUE & NE I' STnFT AND SMEWMX CONNECTOR ATTACHMENT"F" S13EDULEOFSUBCONTRACTORS id s) am to submit a detailed listing of any Subcontractor(&) partidilraflon of any portion of this project for any reason. Attach additional pages if necessary. Project Title. BOYNTON BEACH COMMNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE IST AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR Submission Date. January 16,2014, no later than 3.00pm Didder(s)s Name: Name/Address/Phone of Type of Work to be Subcontractor Performed Dollar Amount % Of Total Name: Ad s: 'Convrocrric, Name: Address: Phone: Address: Phone- 18 of 23 Bo ON BFAcH CommuNiTy REDEvELopmENT AGENcy PARKING LOT PROJECT —NE In AvEmis & NE I g'STREET AND SIDEWALK. CONNECTOR ATTACHMENV�G" DRUG-FREE WOV"LACE CERTIFICATION Pre&%mce shall be given to businesses - with drug-flu workplace programs but it is not a requirement to submit a bid propoW. Whenever two (2) or more bids, which are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifles that it bas implemented a drug- free workplace program shall be given pre&rence in the award process. Established procedures for processing tie bids will be followed if no oft tied vendors have a drug-free workplace program. In order to have a drug-free workplaw program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing possession or use of a controlled substance is prohibited in the workplace, and specify* the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workp( ace, the business' policy of maintaining a drug-fiu workplace, any available drug counseling, rehabilitation and employee amstance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services tint are under Bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that am under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance law of the United States of America or any state fbr a violation occurring in the workplace no law than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistarice or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to confinue to maintain a drug-free workplace through implementation of this section. As the pmon a rized to sign the Statement, I certify that this fir® cornplies fully with the above requirements. 7 r Bidd r(a)"s Signature Ruw�rl Title 19 of 23 Bo BEAcH CommuNny REDEmopxENT AGENcy PARKING LOT PROTECT— NE I" AVEN'UE & NE I AND SIDEWALK CONNECTOR ATTACHMENT H COST BID PARKING LOT PROJECT - NE IST AVENUE & NE IST STREET AND SIDEWALK CONNECTOR Bidder(s): We propose and agree, if is bid is accepted, to contract with Ifie Boynton Beach Community Redevelopment y, to firmsh all material, eqtupmen% machinery, tools, apparatus, means of transportation. coordination, orr and services 1 vi a work specified by the Contract Documents. studied Having ey- s i Inc., and having examined the project site of 's Project a=rding to the Contract Documents and any Addenda which we have received: The i s 1 payment for the Project or Identified Portion of e GRAND TOTAL: 1 _ av Dollars and Cents (amount ) The undersigned i (1 0) calendar &ys after the date of 'Notice M been avrdrded and shall achieve substantial completion out interruption within 96 Q - calendar days thereafter. One (1) Original, one (1 ) unbound copy and one (F )CD/DVD of bid submitted Attached is en t chart showing worL Schedule of S s) submitted. possession V Evidence of of required licenses or business permits d. The undersigned hereby represents that he bas carefully e e drawings and the Contract including 3 Contract Documents, and will execute o all its items, coverants conditions, in li the requirements of the specifications of 23 BoYNwN BEAcn CommuNrry REDEvELopmENT AGENCY PARKING T — 1"'A l SMEWALK CONNECTOR The Bidder(s), by and through the submission of his Bid, agrees that he has examined and shall be held le f or or having theretofore examined himself as to the character of the route, location, surface and underground obstuctions, mture of the ground water table, conditions and all other physical characteristics of the work in order that he nay thereby provide for the satisfactory completion thereo� including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. The Bidda(s), by submimion of this Bid, acknowledges that the Bidder(s) bas been advised that in the event that the Bidder(s) cottests the award of this Project to another Bidder(s), the Bidder(s) damages, if any, are limited to actual Bid preparation costS6 and Bidder(s) hemby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failum to award the Project Bidder(s). Date I Ian L % — Rosso si=— M-r-A Name of E dde Corporidon, Firm or dividual By: Signature PrIntedrfYped Name Title Telephone Number Florida Contractor's Limse Number: C-Gie-MQ09.14 A 1t 0 %,MALQI L� 21 of 23 BOMON BEAim Commuwy REDEvELopmm AoENcy PARKJNG LOT PROJECT -NE 1 " AVEN'UE &NE I" STREET AND SMEWALK CONNECroR ATTACHMENT"I" COST DID S.I. DMSION DIVIS - GENERAL CONDI D IVISION DIVIS DMS DIVIS DIVISION 05 - METALS DIVIS 7- THERMAL & MOI STURE D IVISI ON DIVIS I ON 10 - SPECIAL DIVISION 1 1 - EQUI PMENT DIVIS 1 - FURNISHINGS DIVIS 1 - SPECIAL CONSTRUCTION MA" D IVISION 1 - CONVEYANCE ;JA DIVIS MECHANICAL PLUMB . t DIVISION 1 6 - ELECTRICAL 1071 Bond Genera is Fee Ge Permit I r similar fees encountered during the constnIction phase. Owner to pW all other permit fees dirmtly to the City outside s roJect cost] t 22 of 23 BOYNTON BEAM CommuNrrY P PARKING LOT Pitomcr - NE 1 l ST= AND SIDEWALK CONNECTOR ATTACHMENT "J" SUE INSPECTION CONFHUAATION Each Contractor submitting a proposal on work included in thew General Documents sUl prepare and submit the dam requested in the following schedule of information. Project: Boynton Beach Community Redevelopment Agency Parliing Let Project — NE 1' Avenue & NE I' Street & Sidewalk Connector Check One: Non-MandatDry Mandatory P r--i-- r, %6-egvt as an authorized representative of Name and Title of Representative (hereinafter called the Proposer) located at Name of Company lit V,:::1!11:''�SCLr L id Company Address Proposer has ® the site of the work and has carefully examined the plans and specifications for said project and checked them in detail prior to submitting his Proposal or ProposaL of Company Representative Named Above Date oi Inspection 23 of 23 B0 BEACH COMMUNITY REDEVELOPMENT AGENCY GL T PROJECT —NE 1 oy AVEMM & NE I " STREET AND SIDEWALK CONNECTOR RIAX Site Development Bidder w i s 2.3-3 Leadership Joseph Rosso H Pwsident 111 Vassar Drive Lake Worth, FL 33 Joseph Rosso 111, P.E. Vice t 3788 Dale Rd Palm s, FL 3 Blair Rosso Leigh West Palm Beach, FL 33405 2.3.8 Previous and Current Projects Project Name: NW 1 t Sidewalk .3 No. of Change :1 Change Orders: 1, Final Contract Amt: $111,388.19 Final Contract Difference: 1, Completion Date: }13 City of Boca Raton 201 W. Palmetto Park Rd Boca Raton, Fl, 3 1 1 Tony Puerta, Clief of Design Worth, III Vassar Drive p. (561)689-MB9 www.RossaSiteDevelopment.com Lake FL - U11 Project Name: Belvederc & Haverhill Intersection Improvements Contract Amt: $233,897.41 No. of Change Ord: 0 Change Orders: $0.00 Final Contract ® $217,535.20 Final Contract Difference: ($16,362.21) CompletionDate: 10/11/13 owner: Palm Beach County 2300 N. Jog rd West Palm Beach, FL 33411 (561) 684-4180 John KopelWds, Chief Construction Coordinator Project Name: Palm Beach Ejector Stations Contract Amt: $235,564-87 ® of Change Ord: 0 Change Orden: $0.00 Final Contract Amt: $180-92&65 Final Contract Difference: (-$54,636.22) Completion Date: 1 U25/13 Owner. Town of Palm Beach Murray Logan Construction 313 65"' Trail N West Pahn Beach, FL 33413 (561) 686-3949 Kurt Kapsos, Vice President Project Name: Canton Rd Paving & Dminage Improvements Contract Amt- $159,409-88 Expected Completion Date: February 2014 Owner: Palm Beach County 2300 N. Jog rd West Palm Beach, Fl, 33411 (561) 684-4180 John Kopelakis, Chief Construction Coordinator Project Name: Lynn Way Improvements Contract Amt: $171,487. 18 Expected Completion Date: February 2014 Owner: City of Lake Worth 1749 3" Ave S Lake Worth, FL 33460 (561) 586-1720 Felipe Labso, Assistant Director of Public Services P. (561)689-0989 www.RossoSfteDevelopment.com Lake Worth, FL 33460 f. (561) 689-2851 CGC1520819 / RU 11066614 Project Name: Lift Station No. 7 Forcernain Contract Amt: $50,879.61 Expected Completion Date: January 2014 Owner.- City of Lake Worth 1749 Y Ave S Lake Worth, FL 33460 (561) 586-1720 Felipe Lafim, Assistant Director of Public Services Project ® Congress Ave, Hypoluxo Rd to Donnelly Drive Contract Amt: $1,300,124.33 Expected Completion Date: June 2014 Owner: Pahn Beach County 2300 N. Jog rd West Palm Beach, FL 33411 (561) 684-4180 John Kopelakis, of Construction Coordinator Project Name: Tidal Wave Industrial Park Contract Amt. S777,98 1.1 E Completion Date: February 2014 ® Tidal Wave Development Cozp 1660 NW 15P Avenue Pompano Beach, FL 33069 (954) 553-1498 Bill Jolmson, Owner 2.4a Ortmization Joseph Rosso H-Pmject Management & Supervision, Cost Control, Scheduling Submittals and Quality Control Joseph Rosso 111, P.E.-Project Management & Supervision, Cost Control, Scheduling Submittals and Quality Control John Odum Jr.- Supervision, Scheduling and Quality Control M* ® Cost Control, ScheduUmg, Submittals and Quality Control 2.9 Subcontractors We agree to periodicidly throughout the term of the Contract, provide the BBCRA an updated list of all subcontractors working on the project 111 Vassar Drive p. (561)689-0889 www,Rosso5iteDevelopme nt. com Lake Worth, FL 33460 f. (561) 689-2851 CGC1520819 / RU11066614 31 Seff Perform 1. MOT I Clearing & Grubbing 3. Earthwork 4. 12 Stabilized Subgrade 5 Baserock 6. Asphalt 7. Concrete Preparation Work 8. Miscellm=us ch - aft 111 Vassar Drive p. (561)689-0889 www.RossaSiteDevelopment.com Lake Worth, FL 33460 f. (561) 689-2851 CGC1520819 / R U 11066614 ,Z:�r�, >, SAFETY MANUAL 11I VASSAR D WORTH LAKE Fl, 33460 (561) 689-0889 Page 1 thimed ]]!11113 Safety Rosso Paving and Drainage, Inc. is committe4 to the safety of its employees and the general public. To this end we will utilize our safety program in our daily activities. It is necessary that the company establish safety rules and regulations to be observed by all employees at all times. Regarding these rules, the following is to be considered standard procedure for all employees. Should a safety regulation be modified, the employee may direct any questions to any member of management at any time. Employees" decisions should always be guided by the Company's commitment to safety. Should a hazardous situation or condition exist, and a decision has to be made on safety or production, safety should ALWAYS be the first comem It is the job responsibility of managers/supervisors to see that every employee is provided with safe workmg condons and that they observe all safety regulations and use good common sense to protect themselves as well as others. Our safety director will periodically inspect work conditions and may suspend all work activity until an unsafe condition is conwted. The most important part of sa&ty is YOU - it is up to you to abide by the safety rules; they an made for your protection. You are expected to report any personal injury immediately, however minor, and aU dangerous conditions, substances and practices to your supm-visor. Note First Aid materials are kept in designated areas. The supervisor foreman is responsible for inaintaining sufficient supplies. Safety Pefley and Rules The personal safety and health of each employee of Rosso Site Development, Inc. is of pd= importance. We intend to prevent injuries to the extent that whenever necessary, we will shut down the job rather tim expose our people and equipment to unacceptable safety risks. The Company safety program conforms to the best practices related too type of operation. Our program goal is zero accidents and injuries. We expect fall cooperation, not only between Supervisors and employees, but also between each employee and his fellow worker. The si*e most important factor regarding safety is YOU! If you are careless, all the safety rules and precautions will not prevent an accident. All employees are required to use necessary protective equipment and we expect you to know, understand and comply with the following rules. Pap 2 Updatcd 11/11113 Company Safety Rules 1. S i th re sponsibility of everyone working for the personnel 2. Unauthorized will not be permitted on or around any job site areas, heavy t or shop areas at any time. employee 3. Each is expected to exercise t and foresight ` performance the v i d injury to themselves, e' fellow employees, and/or damage to other property not belonging Personal Protection and Conduct 1. Proper clothing appropriate for the j l Company work areas and job sites . shoes wi 1 be worn by those employees ' a danger or injury exists. canvas, simflar types of ' i s are not allowed on any job at any time. 2. Appropriate safety glasses, respirators, face shields, o es or proper welder's whenever necessary to protect eyes and face from injury, i.e., drilling, burning, welding, cutting with ceramic saw either t or concrete, or ' m any work akbome contamination is essential to avoid injury or illness. employee 3. Any o use appropriate protective equipment will be disciplinary subject to immediate 'o fighting, 4. Horseplay, e of or possession of intoxicants or e' alcohol influence of or illegal s on Company property or job site e working r visiting is strictly prohibited from Company property or projects, j ` ci li nary action including immediate dismissal. S. Every employee is strictly prohibited from liffing any object weighing more 75 pounds. Either get help from another employee or use the forms many s1 C that the Company provides. I lifting, not the back, squat, don't bend. Step up close 1 't ors not a for long in a bent over position. 6. When working along r ` ys be observant of train traffic. 7, Never get on or off a machine or vehicle wh'le it is in motion. 8. Always face the machine and use steps, 1 , handrails when mounting dismounting. or Il 9. Never one i of equipment to another. 10. Stay clear only after the operator sees you and signals you it is o . Housekeeping Employees are to practice o roc s at their work site. is lumber, machine parts, petroleum products, and other scrap items shall be disposed of properly. Vegetation shall be controlled around storage areas, and work s and stairway shaU be kept clear s. Properly marked containers shall be Page 3 UpdaW 11 /1!113 collect separation of waste trash, oily rags and other refuse. On provided for the our e should 'v leave r tim when we arrived, s the general public may be influmced as much project our aWtudes and e the wa we work. favor o r friendly attitude may go far in o representatives y our Company and its line of communication with the public. Tools and Machines I All tools, e or operated y aufhoriz� personnel who ha ve been properly instructed in the me thod o f operation and use, as we as th e manufacturer capabilities and limi tations. . Hand tools will not be used for any purpose other than that for which they are designed. ® Electrical lock-out safety dev ices s sMI be used when work is l `c equipme or when an item is known to be e for use or operation. No one other tb an the install shall remove lockout devices, warning or 'o signs from any items, unless Y the person l e de 4. Safeguards, protective covers e ' will ov equipmen tools, nor will be operated with a removed . 5. Onl authorized personne may repair, adjust or alter machinery, tools, mechan r el ectrical 6. E very to e must know location f, and how to equipment U mnce and Enforcement I Willful v i o l a tion of safety rules will be grounds or disciplinary actio dismissal including 2. Management personnel, superintendents and foremen are respons for comp liance rc t of 0 Operational Policy for all Self-Propelled Equipment 1, Before entering machine: a) Perform a walk-around inspection o ur mac c c' or visual is such ' components, undercarri o r tier prob 1, lubr i ca tion and h `e systems b) Check 1 fluld levels, including 1 and engine ail. Use extreme cau tion when removing radiator caps, drain plug or hydrudic pressure caps C) Be sure the area is clear 1, machinery, and obstructio 2. Starting pmeedures: a) Fastm your seat belt; sea be lts are provided for your ctio and we expect them to b us e d. Page 4 Updgftd 1181/19 b) pl ace a ll, maneuvering controls in neutral position. C ) St eng an d check instruments for proper operating ranges d) w a it f air and hydraulic pressures to reach required operating range th c h ec k brakes and controls while maneuvering slowly. e) Report a H sa an d ma d to your Supervisor. Equipment Operators 1® B sure you u your Supervisor's instructions prior to beginning work. 2. L to rear of the machine before backing up and at all times while operating in reverse. ® Extreme care is to be used when blading i ci n the vinity of underground ufiHties (gas transmission lines, power lines, do.) Ask your supervisor a b ou t the location of underground utilities in your work area. 4. operate the Equipment at a Safe sPeed, which is consistent with roadway conditions. 5. Keep away from outer edge of slope when working on hillside rmds or near lake slopes. 6. Use caution when working on hills, banks or slopes; avoid excessive blade down pressure, which could overturn the machine. 7. Before working on machine's hydraulic systems, be sure all pressure is relieved in accordance with nunuffacturer's recommendation. ® Lower all raised attacbmerits before servicing the cquipment. If any component must be raised for servicing or mahonance work, properly block it to prevent accidental lowering. 9. Always shut off engine during refueling, servicing, maintenance and repair operations. 10. Avoid parking along haul road. If it is necessary to park on a haul road, se lect a location that will give passing equipment the maximum clearance. Never park on blind curves or where oncoming traffic is blind to your position. 11. When parking unit, se level ground, set brakes, and lower all attachments with slight down pressure, and place transmission in proper park position. 12. Always face the machine and use steps, ladders, and handrails when mounting and dismounting. Never Jump! 13. Always travel with your bucket to to the ground for good forward visibility and inachine stability 14. When loading, keep the machine as level as possible. Start and stop smoothly when carrying a load. 15. Nem pass a bucket above the heads of other workmen or over unprotected track cabs. 16. When dumping into hauling units, be careful not to hit unit with the loader bucket or arms. 17. When loading trucks, distribute the load as evenly as possible. Page 5 Up&wd 11111113 Mechanics 1. Keep your tolls and equipment in safe operating condition. Worn or &maged tools shall be diwarded or repl=d. ort flammable 2. Approved safety contai=s are to be used to store or transp liquids. 3. Never smoke when using starting (ether), l® and other flarnmable liquids or when jump-starting equipment- 4. Wh poss p repairs away ftom area whew other machinery or vehicles are operating. 5. Prior to working"On EL machine, properly secure to prevent movement. Never trust lift j to suppor a mac Always use hardwood blocks or Me W stands to secure the position of the machine. 6. Avoid per m wor when engine is operating or around moving gears or component& 7. Use extreme caut i removmg th ra d ia tor caps, drain plugs, grease fittings, and hydraulic tank pressure caps. S. Wear safety glasses or other eye protection when drilling, grinding, hammering metal or doing welding and torch work. In all cases or events did vehicles, equipment or property are damaged or involved in an accident - whether the vehkle or equipment is owned or leased and whether the property belongs to the Company or another owner, the follo%* rules must be followed: 1 Each employee will submit a written report to the Safety Director on the proper form no of than the day following first knowledge of personal injury, vandalism or accident. 2. Each report will give fall details on a 'Who-When-Where-How-Why' basis. I All personnel will immediately report to their Supervisor or the Safety Director any unsafe or defective equipment, and hazardous condition and any unsafe practice observed on any Company project or job site. Supervisors will correct the equipment, condition or practice at once or, if it is beyond their control, report the situation to the Safety director immediately. Flag Persons and Traffic Control Traffic control is a very finportant work function. It requires your total concentration. Flag persons must be even tempered, reliable, and also must understand their responsibility to protect their fellow workers and the traveling public. 1® Prior to beginning your Ragging duties, be sure that you understand your foreman's instructions as to where and how you are to control the traffic, •wInch enters your area. Be sure that any questions you may have regarding your duties are discussed with you supervisor so that there will be no misunderstanding. 2. Flag persons are required to wear a flag person s vest, to be equipped with a STOP and SLOW paddle or flag. Pap 6 Updated 11/11/13 3. Y t is your responsibility to select a location so that you will be readily visible at all times to approaching motorists. Never stand directly in the path of vehicles, since you can't assume they wift always stop. 4. Always stop ftffic if there is any doubt regarding clearance by the work are& 5. Never leave your post without being relieved by another qualified flag porson- Be sure you pass atong all your supervisor's iristructions to the person who relieves you. 6. Always ' ve emergexicy vehicles access through the job. gi Page 7 Updated 11111113 I have received the current company employee safety manual and have read and understand the material covered. I have had the oppoftunity to ask questions about the policies in this safety MMUW, and I understand that any future questions that I may have about the safety manual or its contents will be answered by Joe Rosso 11, Joe Rosso M, Blair Simpson or his/her designated representative upon request. I agree to and will comply with the policies, procedures, and other guidelines set forth • the safety manual. I understand dat the company reserves the right to change, modify, or abolish any or all of the policies, rules, and regulations contained or described in the safety manual as it deems appropriate at any time, with or without notice. I This safety manual is the company property and must be returned upon separation. Signature Datic Employee Name: Printed P op 8 UpIdedil/11113 Site Development Quality Control Program Boynto,u Beach Community Redevelopment Agency ParMng Lot Project •- "' Street & Sidewalk Connector 11 Vassar Drive Phone: Lake Worth, FL 33460 } ( 1 ) 689- Table LContents Section X. introduction 1.1 Deftition 1.2 Purpose 1.3 Objective 1.4 Requirements for Quality Control Section 11. project Quality Control Requirements 2,1 Quality Control Organization 2.2 Quality Control Reviews to be Performed by Manager 2.3 Procedures to be followed for each aspect of Construction 2.4 Inspecfion Requirements 2.5 Quality Control Testing Plan Section IH. Responsible Personnel 3A Field Contacts 3.2 Office Contact Section L Introduction 1.1 Derinition Quality Control is the' e ysis and action required to ensure quality of ou tp u t ; the operational techniques and the activities used to fidfill and verify requirements of quality; a procedure for keeping quality of inputs or outputs to specifications. 11 Purpow The methods and processes defined in this manual will serve as the Project Quality Control Program (QCP) for each project. Every project we complete must follow the quality control plan described. 1.3 Objective The main principle of this QCP is to provide our client with the specified materials and workmanship that meets or exceeds their expectations. To accomplish this, both management and its employees are committed to taking the proper steps to provide a necessary level of control that will adequately provide for the production of acceptable quality materials and also provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be MCL Rosso Site Development, Inc. will implement quality control measures and construction methods identical to those which have been used previously on numerous projects which applied this Quality Control Plan. The quality control measures and constrtiction methods have been field tested and proven to produce installed materials meeting or exceeding all standard construction practices and Boynton Beach CRA requirements. The outcome of this QC plan should show that Rosso Site Development, Inc. utilizes best practice and construction methods proven to produce passing quality assurance test results. 1.4 Requirements for Quality Control The Quality Control process includes quality planning, training, providing clear decisions and directions, constant supervision, immediate review of completed activities for accuracy and completeness, and documenting all decisions, asstmptions and recommendations. in the construction development process, it is the clear responsibility of Rosso Site Development, Inc. to ensure our work is economical, accurate, properly prepared, coordhuded, checked, and completed. in order for Rosso Site Development, Inc. to consistently meet the needs and expectations of our clients, quality must be as important as the schedule and budget. Organization, attention to detail and ensuring the project is being completed properly are correct and useful to the contractor. They are also essential to quality. Field and office personnel shall follow established company po pror . e d ures , s and guidelines in the preparation and construction of all projects. The Project Manager shall monitor the Quality Control efforts used by Rosso Site Development, Inc. employees. Section U. Project Quality Control Requirements The Project Quality Control Program details the proposed methods or processes of providing quality control for all work products. This plan will be kept current with the work requirements. Th6 plan shall include, but is not limited to, the following areas: , Quality Control Organization ■ Qudity Control Reviews to be performed by Project Manager Procedures to be followed for each aspect of constwtion Inspection Requirements Quality Control Testing plan 2.1 Quaft Control Organization All Project Related Co"pandence 1. Semrtary / Treasurer Blair R. Simpson Phone: 561-689-0889 Fax: 561-689-2851 Field Contacts 1. Project Manager Joe Rosso II, President Phone: 561-689-0889 Fax: 561-689-2851 2. Assistant Project Manager Joe Rosso III, P.E. — Vice President Office; 561-689-0889 Fax: 561-689-2851 3. Foreman John Odum, Foreman 2.2 Project Progress Schedule See Appendix 'A' 2.3 Submittal Schedule See Appendix 'B' 2.4 inspection Requirements The Project Manager, Assistant Project Manager, and Foreman will all be responsible for inspecting the jobsite each morning before beginning work and each afternoon before ieaving. The foreman will be responsible for ensuring quality control throughout the day. Should a problem arise, he will contact the Project Manager and Assistant Project Manager immediately. Division 01— ne l Conditions Includes Mobilization, MOT and Survey Inspections - no inspections required Division 02 — Site Work Includes NPDES, Earthwork, 12" Stabilized Subgrade, 8" Basemck, 1.5" Asphalt, Mise. Grading, Underground Utilities, Landscaping Inspections NPDES: upon completion of silt fence installation and temporary gravel drive installation and site inspection will be required Earthwork — no inspection required 12" Stabilized Subgrade — upon completion of passing LBR and finished grading a string line inspection will be required 8" Baserock — upon density testing passing and finished grading complete a string line inspection will be required 1.5" Asphalt — no inspection required Misc. Grading — no inspection required Underground Utilities — daily inspections of stormwatBr conveyance system will be required prior to backfill along with densities. Visual inspections of capped utilities will also be required Landscaping — prior to delivery of materials a Boynton Reach representative must meet at the nursery to inspect and approve materials prior to delivery Division 03 - Concrete Includes Type D Curb, 4" Concrete and 6" Concrete I nspec ti ons — u comple'on of form installation a form inspection will be required for V' and 6" Concrete. Type D Curb has no inspection required Division 04 - Masonry inspections — Not Applicable Division 05 - Metals Inspections — Not Applicable Division 06 — Woods & Plastic Inspections —Not Applicable Division 07 — nermal and Moisture Protection inspection — Not Applicable Division 08 — Doors & Windows Inspection —Not Applicable Division 09 - Finishes Includes striping Inspection - No inspection required Division 10 - Specialties Inspection -Not Applicable Division 11 -Equipment inspection -Not Applicable Division 12 - Furnishings inspection -N Applicable Division 13 - Special Construction Inspection - Not Applicable sion 14 - Conveyance Inspection - Not Applicable Division 15 - Mechanical Inspection - Not Applicable Plumbing Includes irrigation Inspection - after inigation is installed and water service is available and power has been established, a visual inspection of working irrigation sy stem. will bc required Division 16 - Electrical Inspection - on power has been established to lighting system a visual inspection of all lighting will be m4uired 2.5 Documentation of quality costrol acitivities Inspection reports will be utilized to ensure that the proper steps are being takm to achieve quality control. Each aspect of the project will be careffilly monitored daily. Notes will be taken for documentation of quality control. The Assistant Project Manager and the Foreman will be responsible for completing these forms. The Project Manager will review these forms to make sure they are follow'ng procedwe. The Project Manager will visit the projed as needed as well as review each inspection report to ensum accuracy. The Project Manager has fall authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the contract plans and tedbnical specifications, ® Requirements for corrective action when quality control and/or acceptance criteria are not meL Division 01 — General Condidons includes Mobilization, MOT and Survey Corrective Actions — minor adjustment of MOT as required Division 02 — She Work Includes NP DES, Earthwork, 12" Stabilized Sub grade, 9" Baserock, 1.5" Asphalt, Misc. Grading, Underground Utilities, Landscaping inspections NPDES: upon approval of erosion control measurements, periodic maintenance may be required Earthwork —no corrective actions required 12" Stabilized Sub grade — on failure of LBR, additional material may need to be added and mixed to raise LBR. Failing density will require additional compaction and retesting. Failing string line test will require additional Wading. 8" Baserook — on failure ofd sity, additional compaction will be required, Upon failure of string line test, additional grading will be requh 1 3" Asphalt — no inspection required Misc. Grading — no inspection required Underground Utilities — upon failure of installation of stormwater installation system, adjustment will be required. Upon failure of visual inspection of capped utilities, removal of cap and reinstallation may be required Landscaping — no failure possible unless damaged in transit. By choosing which trees/shrubs prior to delivery, the correct vegetation will be delivered. If the plant is damaged in transit, a substitution can be delivered and installed Division 03 - Concrete Includes Type D Curb, 4" Concrete and 6" Concrete inspections — upon failure of form inspection, adjustment of forms or regrading will be required Division 04 - Masonry inspections — Not Applicable Division 05 - Metals inspections —Not Applicable Division 06 — Woods & Plastic inspections — Not Applicable Division 07 — Thermal and Moisture Protection Inspection — Not Applicable Division 08 — Doors & Windows Inspection — Not Applicable Division 09 - Finishes Includes striping Inspection - No inspection required Division 10 - Specialties Inspection -Not Applicable Division I I - Equipment inspection - Not Applicable Division 12 - Furnishings inspection - Not Applicable Division 13 - Special Construction Inspection -Not Applicable Division 14 - Conveyance inspecLion -Not Applicable Division 15 - Mechanical inspection - Not Applicable Plumbing Includes irrigation Inspection - upon failure of visual inspection, broken pipe ors ri ler head will be repaired and a new visual inspection will be required Division 16 - Electrical Inspection - upon failure of visual inspection, issue will be rvpaired and a new visual inspection will be required 2.2 Quaft Control Reviews to be performed by Project Manner Inspwdon reports will be utilized toe a tha the proper steps are being taken to achieve quality control. Each aspect of the project will be careMy monitored daily. Notes will be taken for documentation of quality control. The Assistant Project Manager and the Foreman will be responsible for completing these forms. The Project Manager will review these forms to make sure they are following procedure. 1he Pro j ect Manager will visit the project it as well as review each daily report to ensure accuracy. The Project Manager has full authority to institute any and all actions necessary for the successful implementation of the Quality Control Progam to ensure compliance with the contract plans and technical specifications. 2.5 Quality Control Testing PLw Rosso Site Development, Inc. will follow the testing results provided by the independent testing lab. If a test should fail, Rosso Site Development, W. will immediately take any action necessary to rectify the problem. All basserock materials pumbased by Rosso Site Development, Inc. have been thoroughly tested by a catified Engineering firm. and meet FDOT standards. All concrete and asphalt will be purchased from an FDOT certified plant. Section M. Responsible Personnel 3.1 Field Contacts 1. Project Manager Joe Rosso 11, President Phone: 561-699-0889 Fax: 561-699-2851 2. Assistant Project Manager Joe Rosso HL P.E. — Vice President :5 1 - 89 Fax: 561-689-2851 3. Foreman John Odurn, Foreman 3.2 Office Contact 1. Secretary / Trewurer Blair R. Simpson Phone: 561-689-0889 Fax: 561-689-2851 APPENDIX A — Project Progress Schedule . APPENDIX B — Submittal Schedule ku hmintall Schedule An submittals will be provided at the pro-construction mecting. The list provided below is a guideline and s idd not be considered all encompaming depending upon Boynton Beach CRA requirements. 1. Baserock 2. Aspbalt 3. Concrete Curb 4. Concrete Flatwork S. Electrical 6. Irrigation 7. Stomwater Conveyance 8. Sanitary Sewer 9. Water Distribution APPENDIX C — Asphalt Quality Control Plan , \ w Co mmunrej Asphaft Corp. OR caw Met f , R oad . Pa lm Beach. _ L .f! 86i- M-8467 ( MuSkWwa . A Picked This | d"I WIed and « Depeftien of Tmnsportdcm "ftndard Sp a , 4M=U o n s for Road and Bri c omeftzow d M and - Sup p lameem Spedftaff= dakd. Jatmry. 20W. hdaLeAsk and �` , \�¥ \a ~ b, yraIA4 !. 25% Crushed RAP Cmmwlty Asphalt . ! !. St R ock Quart < SI Mone , . . . 4. 4 % S <.§ Rock Quarri S . 4 | Smid Ma | . . 6. 1 Job L41X 1 \ 10 !2� 1 ° } 1 Aw ! j ? !. IIIX IN I '100 1 m , . !: 1 93 75-0 © 84 11 39 11-00 '95 70 47- # 1 i 7 34 1 9-36 #00 24 3 3 1 1 46 ! 7-21 . Aspha Content , u Lab Denft USX Pd Voift In . ! Agg. 16.1 Peroon C ordwt , Perven t V oldaR le rl / APPENDIX D - Structural Portland Cement Concrete Limerock Base Course Quality Control Plan t SUUmmy Of LABORATORY TEST RESULTS i Oomplance Tedna AN Flo ft: 1- Inc. RmpW - @@ ' 13G7 m 1 $ ® 2=1 Tooted l 6 a - nN M4505 . } pmpafty 1 4 12 . 21k, �6 � nt Passing 4 e� 100% Mi n. V We 43. No 4 601 No. 200 UquW Ling 4I rl° E index �. WA mmdmm 128.6 Pd WA LBIRVOR"me 110 Min I ` DR r i UMEROCK BEARING e -. R ATIO Rootw . r Inc. .0 23 sampk '� r t ��• ® M sample Doom*" shoback am .......... OPIMM Rohimm-owfilillutft I i t. M JI L t r� u a $P yF {ix ®yP s . y r r �� •� � ve ®ir�" -� ♦ y.0. 'P THE MMqJWM OWCUADBOR mom MW • ` &F • r � 4 & P a. F P a Yi® T I 1 AGGRWATE 'SYSTEM BASE AWRWATZ COW POM SOURCE IDWMICAMON APSCONCRM 1, I r AY I s ESf rr MAIUML No 13 l LABNO !got MANTWO DATE SAMPM n2soN MM MINE NO TMMnIAl. NO i! GEOUXWALTYPE 66 umme n3 ! 2 owe 'T TM MULTS LBR LE ___j AdAILGY81Nf DTi51'� it l ;It 9 – 1.L PI vp �8 9613 3L+"S I 4 6 P 1- % pASsm ! ire Sd IS= DjtjrWTAr,-MRVA5H list 4 LOW P WT 1WASHtFOtPAs l! GRAMM AGGMATZ Ig ) SL OF.4.I'ASMN4 20 SOI7RAAd SMAdDNfsSS.0DARS5 (Ch dRAVATMK - RA WMWT 9 % l 3 tt2" Q 04 l i — I M9 435 Q-+ VANGHT 333.4 WSUED D . DATE .® FAX No 04.041 CONCRETE MIX DESIGN _ r Midal ADDRESS 114R WlIg Tower Rowl Lake Park, FloAds 33M — Agiul - Prolact Number: PWm Beak a LLvb a Idaffln me only. CLASS CONCRETE I Nomamcwm 3M IS T COARSE AGGREGATE 2AIA REACH AGGREGA7E GRADE 67 •4 FINE AGGREGATE SE� F. . &048w) L63 PIT CO. ( FINE) CEMENT CEUE& _2r ! SPEC AASHTO M45 TYPE Ifil i . - I T U - 1 04 TYPE D 2NDAUMIX SPEC 2RD ADMIX 3 SPEC Fly Ash E�:=Tsch 1 4TH ADMIX ( .) SPEC HOT WEATHER IMMOESIGN CEMEW SW_ SLUNIP RANGE ADO TO Lo — INC H ES COARSEAG& INS IM AIR C*WENT NAA PERCENT F INEAGO lba 1342 UNIT - ,F. AIR ENTR. AD. WATER CEMENT RATIO CSo wic 1 2ND ADMIX az THEO.YIELD 27.9101 CU. F'r__ 3RD ADMU((HRWR) oz WATER WATER an 2U.2 FlyAah be 95 AITH ADMIX 1 =1 WATER IN ..r, BOUDS IN MICRO SILICA DEPARTMENT OF TRANSPOWATION APPROVED DATE Ls a DISTRICT MATERIALS ENGR x ® E . REVIEWED A—DA!gm-- =NO. MARL— CONCREM MIX DESIGN CONCRETE SUPPLJER r Gop gMj ADDRESS 11 42 TELEPHONE - 1- FINE AGAMOATS CENEX P.11. _ _ 63 PIT NO, (COARSE) 03408 PIT NOL (ME) TYPE —_ TYPE t CRUBHED LIMESTONE CEMENT CENEXMkml SPEC AASHTO NM TYPE UN AIR HEM ADMIX L4M GRACE SPEC AASKTO U-154 IST ADMIIX _VMR&-24. W.R. GRACE SPEC AASHTO 2-104 TYPE D 2NO ADMIX SPEC 3RD ADMIX 7 SPEC Jacksonville HOT WEATHER MIX DESIGN CEMENT Rms IL 00 INCHES 1 _ _ COARSEAGG. T MNR AGO be i _ LMrT WEIGHT P. AM ENTFL AS). on 3Y WATER CEMENT RATIO 0.67 wic ISTADISIX 0z 20A MAX ALLOWABLE --- Lm VWC 2ND ADMIX Go THZO YIELD 27,110 Ca g lla . 3RD ADMIX l WATER Neal 32.99 WATER an 274-9 MY A*h 4TH ADNEX .1. . WATER IN .t. ADDITIVE 02 l BOLDS IN MICRO S ILICA T he M9 OF TRANSPORTATION APPROVED DATE I /��O DISTRICT MATERIALS EN�GRL s STATE OF FLORIDA DEPARTMENT OF BUSINESS AM PROFESSIONAL REGMATION t 7 1940 WORT9 WNROR STREET ROBSO 6709SPH ANTMW m WEST PALM BYACE FL 33413-1610 t one rail ®n order net Regulafion. to servo you befter. p ;= For w pry tlB �. Them ld"ot you. you ® our nt ° a n e Eftlently. Regulate Fa irly. W DETACH HERE L 1219 na ° Dil F m Y°. . ° I q - ° STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION I f U TR LICENSING BOARD (850) 487 1940 NORTH M ONRO E MEET JOSEP TALLAHASSEE FL 32399-0783 ANTHONY 11 DEVELOPMEN ROSSO SITE INC. 111 VASSAR DRIVE LAKE WORTH L con 1 become one at the nearly II nF € 11° t d °r us FLORIDA i to babeque restaurants, PR WMd r r . , Every day we work to, lMpmve OW WZY We do WsInSw In.. our sorvion, please on REG UNDER ROSSO r 6 in . our € a Regularbe Fairly. 'f = mulautm W serve you badw so tot you r T D, r' f "41043 of h'4 .. mra i and corazatlations on your now ficenw! ` The Department of State Is leading anniversary In 2013. Formwe inficimumbon, please go towww.VjVaF1orIda.org DETACH HERE - FLOR I DA STATE Of PROFESS j)gpARTNF_ff OF BIJISKESS AND I ii ON . Named Wow HAS �® ` Under the i , .. MUST MEFTA I I...,, } 'ROSS0m6"=cw"mT; INC �. 111 PJCK SCOTT ISSUEM D11/1=013 SE04 L13WIM01 D ISPLAY GOVERNOR 1 Y LAW SECRETARY IMPORTANTI THIS IS YOUR CERTIFICATE OF COMPETENCY f { k pALM BEACH COUNTY, FLORJDA 1 1 sl 1 kb'.i+ 41 any. ?tl�ij° of� r" Cl fimm T CERTIFICATE OF LIABILITY INSURANCE I/IS/2014 THIS CERTBIWATE 19 MUED AS A MATTER OF INFOIRINA71ON ONLY AND CONFERS NO RiGHTS UPON THE CERTIFICATE HOLDER THIG I( OCERMFJCATE DM NOT AFFIRMATIVMY OR NEeATI'VELY ANEND, EXTEND OR ALTER THE CMRAGE AFFORDED BY THE POLICIES nV� Hil BELOW. THIS CERTIFICATE OF INBURANCE DOES NOT CONS`DTVTR A CONTRACT BMVJEEN THE ISSUING INBUREFR31, AUTHIORIZED BEpRESENTATIVE OR PRODUCER AND THE CER71FICATE HOLDER AIV= subject In NxpOKrANT: If the holder In an ONAL lNeMo, the po"Ies) must he andarsed' it SURROMATION 18 W to ranne and conditions of 00 poft. 00 In policies mquire an unegramment, A statement an jb cerifflanto don not CONN rigift to the ner Ufloldw h~ in PARI of wok andorsamenife). OP40DLKM Priso Co—in wells Fargo Ins Bervican MI. fto. (NM) FAY "Sq) 4RO-66152 2054 Vista Parkway, Suits 400 st (Sell 6-55 -5900 R wa pola. Beach n 33411-2718 MU 0 AFr-=IIOWJMEME 18:2 WAURED 20262 ® Site Dewslaysmazt, Inc. 111 Vassar Dr. Lom worth n 33460 (561) 720-4437 COVERAGM CERTIFKATF. NUMBER. Cart ZD &U686 REVISION NUMBER: THIS 15 To CERTIFy THAT THE FoUCIFS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INS TED. moTwrrHarANDING ANY REQuIRVIcENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT %MTH RESPECT TO MI CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY TKE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND NCO IS OF SUCH POLICIES. LIk9TS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS- -0917—_ om x= POULY EACHOCCURRENCE COMM Gmu3L DOMM01IOM09NERALUARIUNY CLAIMS-MADE 0 00GUR MED O(P (LhN G" Lwmm) 0 _nRSONAL&AMftIURY _L_ GENERAL AGGREGATE III GERL AGGREGATE UFAT APKJES PER: PRODIdCRI-COMMPAGG I S POLICY " M Loc BWLY IRJURY Far pawn) 3 ANY AUTO I ALLOMMIED SCHEIDU"LED DOINLYINAW (Par awkW'M 6 �"11 AUTUB AUTOS PR Y 8 mfwAutca AUTOS 7 L" MIMAM OCCUR EACH O=RRENCE — $ 774653 EXCESOL" CLANSeADE AGGREGATE — t[Dml - ONS Tai L6 WORKERS TION Ills/2013 11/8/2024 AND S111PLOTERS' UAORJ1Y Tim E.LEACHACCIDENT S 500,000 AMY PROPMETORIPARTHERAWCUTWE MIA OFFIMR&NEMSER MMLLMED? E,L DISEASE - EA EMPLavEf! a 300,000 W de*Mft undW j E.L DIMMIER - POLICY LIMIT 3 506,000 — t09LQff&LQWLW—QW-- — � vwi-- a Equiyokent Floater 45467433 1213/2013 12/3/2014 Rented/Leamad 8 292.000 aspipmant CERTIFr–ATE NMDER CANCELLATI )N qMDDLo ANY DF THE ADM DE9 POIJICIES BE CANCEULED SEEM THE EpWATICIN DATE THEREOF, NOTICE WILL BE DEUVERFO IN AccQED,arog WITH THE POUICT PRWSIONL Rosso Sites Devail Ind. AUTHORIZED FJMSENTA7M III Vassar Drive Lake 33360 a 198g-aglo ACORD CORPORATIO& All rights rflummirvnW. ACORD 251201WOS) Tho ACORD name and "o Ors regisIlenwi moft of ACORD Page 1 of 1 ROSS102 OP I® LO CERTIFICATE OF LIABILITY INSURANCE F D IMMO1 4 THIS CEMVICA 15 MSUED AS A MATTER OF INFOREA71ON ONLY AND CONFERS NO MONTE UPON THE CERTIFICATE CERTIFICATE Y OR NEGATIVELY AMEND, EXTEND OR ALTER THE 00VERAGE AFFORDED BY TH POUC I NSURANCE B&OW. THE C15911FICATE OF KEpMENTATwm OR PRODUCER, AND TW- CERTIFICATE NOLDISIL the po"Iss) rmat be endorsed. IT SUBROGATION IS WAIVED, vubj H r 1 a 1 r the I r O N. 1 Agency qwm4m FL ® r I 9 va;uRzq8 iii AMR a a INSWER THIS Is TMO RTWY THAT THE POLICIES INSURANCE USTED BELOW BEEN IS-SUED TO THE IS-SE INSURED FOR THE P LI Y P I INDICATED. T NIA ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DMMENT VATH RESPECT TO MICH IE CER 'nFICATE. MAY BE ISSUED Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, MLUSIO AND CONDITIONS SUCH POUCIES, UUrrS SHOWW MAY HAVE BEEN Y PAID %R1 — RISK P�—Puucygw LAM L TIM OF INSURANCE OR 4 91 1 11 1 11 1 Y c GEWERALAGGREGATE S t�� T �e $ P LOC I $ AUTOMOBILE LIANUIT , tr i 13 ANY AUTO 17 IIAMM14 BXLY MJURY (Per Perm) 6 EE Ly wiLRY (PW mcdom $ AM06 AUTOS NON-OWNED SIR U S EXCEFILIKS E t nEp !� ! E.L WN AO=NT 2 AN Y F NF _�. O E.L EM PLOYEE 6 E,L ClEqTjJF�MATE HOLDER l"ON OF THE ABOVE DESCRIBED POL Nh Roma Irla® N E b NOWE VIOLL BE DELIVERED I 911 vas L U W � �FL 33:: Joke 1: h REPAIMEMATIVE 8 9 !0 ACDRD 25 1 logo we wgi slanid i s k P r I NSURANCE GATE-WAY I MTO NX AT 109 At SWLV 1952 January 9", 2014 Hi Boynton Ban* F1 3,3435 RE. Rosso Site t, To Whom it may Concern It h b th In ivil gge of oge Insurance Agen surety bonds on bebalfofRosso S ite t, Inc. and their pred6cassor fix sevew Yeats, du , which thne ft R=o family faithAdly performed each job satisfiLator0y. ° i , Rosso Si D I Mog properly f1maced, well equipped, and capabl g prov $2 , S ite to fur-, and is in the process of reviewing updated inuem their bond line. issued s everal bon& for Rosso S ited t Pohn Bemb. county and does not anticipa any problems should it bond be required on a p�jcct in l appmval of any bond is to le , v iew,of cnoftwt term$ and condit pr to issuance.. ON C hmmmce Company complies with On requ irements 5 is included U T MMw r o. a (Departmen Circular 570) f if we = be of servke o should you have an quest ions, u. verytmlyyourk Dwyer A Commercial Insurance i ° i o R uderd2l FL 33310 -2430 W Oakland Park JNvd F t. LaudeMale, FL 33311 or 1 • Fax OU-735-2852 or 1- ( .s,{:., fiSi,, i �+ �. i.Y _ ..,} :.,� i .J f.`•' (n11��, „ {t +� � j, � { \1 }}l { r s� i ,� }3 i i4+tilt s Ct rr f ,. r J l ' ! Y? 1 i i a }u„ �r , s I , ; c Jt ?p at -'_�� { � � �� i%h1 F,,. ,iFSS 4 i t i i.• L( i ($ (6. ,,% i g r -U + joseph ML Bosse R 111 r take [ - „ }f i, -'. of e 'a`u { Construction manager with a 20 - year record of sued overseeing all phases multimillion-dollar y construction projects for government and private - sector clients. Experience includes managing crews of up 4 i , to 30 In highway, bridge, potable water, wastewater, concrete slab and a variety of other construction /dernoittion projects. Backed by wing credentials and proven history of on-time, on -budget ' and high - quality project completions. �} Key Skills 0”: I`!f {S °C0ns&UL�c01;D' ltf " l�tiiect'S OSHA rtifted �Ld�E�fl2� tYSf Control iftstructure _ T — f ft7 I tftr I afs +t i �, ll i fi High Swum+ CDnsbvcVon — Change Order hfanagemrrt — SubcontractorlC ew Supervision till, i � � p f i l�l�Et y i lt A1fT�� L31tAIC�AGtt. P -- g]arner 1' Cetim prates A�lanarver. 611804 to 71 (}13 { {' Self Employed, Working on all estimating and field related activities associated with projects ranging In size from $soo to $S million, ; Project 119111ghts gig t ps,b Work consisted of two separate taxiway construction projects. These projects Included but were not limited to clearing and grubbing, earthwork ( +/- 100,000 cA asphalt ( +/- 14,000 torte ), storm water drainage, and the demolition of a radar tower ( +/- 60 It tsll). These projects were In a high Security area, as they were located adjacent to active runways in an International airport. e u` VIM iu Project ranger ibr the reconstruction of the wtmrf located between slips 2 and 3 at the Port a0f Pal f tt project demolition consisted of over 12,ODO sy of asphalt arW concrete, a building slab, and a water qual drainage pit and structure. The reconstruction of the slip entailed a 7,200 square yard concrete slab and 5,500 t 4 �f {s } tluare yards of a IL The concrete slab was consbucted per design to be 15" tlhlek with a double r at of *4 „ }; 1i Saar 12w on center. The concrete was of a special mix design which required the Importing of granite stone to comply the per the caw s requ � project t r \at r,a - } ` ilSIR � m �� z abject Manager for the construction of Lyons Road between Boynton Beach € lvd and Atlantic Avenue. The work s consisted of 3 miles of new 2 lane roadway 32' wide. The roadway crossed 5 Lake Worth Drainage DIstrrct Canals, 4 of which required a 6`x10' precast rectangular bore and the last we bulit a 70' long bridge. fi } i"K I rli;� NUNN htl { � ` �1V'S��. UNIVERSM OF `TENNESSEE (Knoxville, TN) — , 1584 OSKACert€fied tb; MOT Certified t i {S pv f a -, sll , - - t - „f s3& - v . it u x , n tangy. -?u, Y� S S'� 1 -„� rt's' St, ,, t•„ ,,, +t >E :,,, t �}' y ati `•;f { r ,:. `, d.., ,c, 7`s' � mi, +4, -! "�+;1,1 ,. {. �..,,, +„i l i }ss t f,:. f +. -;.. �t' "' „'� i ,�f is {i Si1S .t i s� 1� "'- ,,, ,it }' �, =�1f �` „fi S•° � 1i!! �) yl�� dp)� t, , 1, ",!tF t 1 4 , !„ ff , ) 9'i i . ' \ie,t IN ��t ai Y� S, fi ",� {lit s° �i @ � Y `�1 1 " ��`i -`#i� 4 �S`••,`t`'��il�� ti ��F f:, }1 s '��,v��?, } i fiY ,' %� "' 14k iukia,!`a Li s atinl > < # hkilUlAVA� kf .:titiAi. SS " 11) }� f . ` � ?it. +ik� s:: ,$' ,,:lstcat ",n.,, ,,,. :,,s t,,, b } ?, ` r ?; , III r . } „t�h, }._.. � ,q. -; r !�ttr,! 1 t if�£a i� tSfi: }��1\� t ` t - `i,s } �t \rSR1\ ,t, y1t, 1) �Itst�•1{ ;lr��tt'l= l,it.n i I - �� \4 {4� '4 V ?r� ` \,£i,~ -., s {��„ 11irh)Ert r l, �)�a >,r : � b , -., Joseph IL Besse III, PE ` h �Q �! fhhl Ili Vassar D&m a Lake Worth, FL 33 ee (561) 689-0889 �£ , s i ., w .,�� :. fit ',.,.. 4t 1, t:, nst hn raring€ r wig an -year r rd �f strceess overseeing all phases of multimillion- dollar }h i clients. Experience Includes managing crews of up to 30 ir3 highway, bridge, p ole water, wastewater, concrete slab and a variety of other 1 "' ` £t construction/demolition projects. Backed by strong c entials and a proven history of on- tune, on- budget { and high - quality project completions, KN SkIN tvI%t ! r t !r'�1rt — ConstructionlDermfidon erects -_- LtMsed PE (NC and FL) — Budgeting & Cost Contrals — Infrastructure Improvement Pro jects — NOT Ce ruw --a Bidding/EsUmatingl'Pro is � — ,Filth Secun ,nstr�tctar n °-- Change Order Management — subcontr°a wv u r/ perv� ion � 5 `S1��1 }1s }t tin re lated in site f ,00 5 „t,` } �r $ millio n.vr'f y v,,r 21�00� Worked on est nging In size from $500 to $5 million MaL 12 slGPwt f�CEPtS — rt�i� _2 6 ts8 ' , Worked undue all design and permitting for projects r ranging up to $100 million, }t` S, seem prost” evil 7rt ry y, }I } sr , i�h Work consisted of two separate twdway conduction projects. These projects Included but were not limfi to �`� firing and grubbing, earthwork ( +/- 100,000 asphalt (+/- 14,000 txsr),+ater drainage, and the demolition of a radar tower (+/ 6D It tell) 'these pro) m were in a Nigh security area, as they were located li t adjacent to active runways In an international airport r fit r �p i£ �r4t(y r `- ''a* - rn;,�J I �I ,�.-. �.. ; Project Manager for the r=nstruedon of the wharf located bin slips 2 and 3 at the Post of Palm Beach. The project derraalltion consisted of over 12,000 sy of asphalt and cony, a building slab, and a water quality drainage pit and sire. The reconstruction of the stip entailed a 7,200 square yard cone slab and 5,500 square yards of•asphalt. The concrete slab was constructed per design to be 15" thick with a double rnat of *4 i rebar 12" center. T co ncrete areas of a dal mix design which required the Importing of graral4e stone to r , campy the project per the ownees request.q '6 Project Manager rIx the on stra ci or Lyons Road been Boynton Bare av�a ann x�.rlwitic Avenue. The work 'fir tot ', copsisteo at 3 n" les OIr °lake 2 !nano w c t �2` r%Ylde, The madwaY crumn'! 5 L.rft„- 'ft th Clraitage District 1 s Canaii i. ur voic a�'�r imd o 6'x!,Q rer A-9t rf �a.ngular bag and the last five t� t�1t a 70 Tsang bridge r jj f+ < Project Engineer an first LEED Platinum project In America. 4 r , l FLORIDA STATE UNIVr:RSrTY (Tallahassee, Fib — AjJUjGhdL&i2g1Mt2dM 2004 � License Prof lcnal Engineer - Florida (active) and North Carolina (Inactive) Certified General Contractor - Florida (wive) MOT Certified v r t U. s s ri., "}s {lY tssr3s „s. +sy)fI�'yt 1. t sySA�,') Atl r„ ''A1r 3ik,u '• t' <r ,t },i.Si fi il ! 16, t i r ) 11 ask z T r�1\ 7 777 7 - -177 7 a , Accounting professional who oversees ail aspects of financial getters within Rosso Site Development, Ync "k "I I Ex vience Includes payroll, sta and federal payroll tax returns, flnanclais, accounts payable, accounts KV rvec lvable, job costng, WIP schedules, Insurance planning, budgeting and forecasting. 181 skills '11Zf t� l tr�S r Certftlad Payroll, payroll razes — Job Costing — Budgeting Cast Controls Rhantiais -- Change Order Management — BiddinglEstimatinrg/Prop is WP setwdules — Contract Administration a- Insurance planning i � ! t �V AgMM0ftMt,= 12 to 5120 1, rc r . �1 M , t I PAVING !t t� �' University of Central Florida - Bachelor o€ Science, Legal StUdles, 2008 m k r z. �s � r I 1 ! � k t ti j11�,2 f�E � rt 7 S (�l i9k stt' } Jr„ r'. �;r, � L ,r �� .� U \• =. f A +. ,', 1�) 'u�'s ' t+Y 2,� „ t, � �i `) � :, �l } }). 1A. ., ' @ t I� ,�isfi:, 3ti t .{ }3 <t t n „!rs t, ,4., , si `;fr r, rrk r t�, ,S� -th t,,.a •, (�� ii,'. �,,y — ,>” � �! '� , ).� t t._t� � Nru, ...,; �2 I;. Yt i,l tt, � +,` rt t:,: r , . S „ au, rt i„ « ,.,r > � ��`! � t t� <= � }arn. b -.z ,� ,�i „z�, OA1S;a -• tAI � ,,,,,5� fi ��s�tt` ��yy��,, ,Y ��'��,,, i {t��;,r Nit tE,. � rrrls, n lG,t11,�,. :BLAM CIKUN J EAN L. ENFuGHT Gsot,GB E. MJWT F.ti MkD K. OPPSL W AY NE M. P ICMP t?5 June 22 201 MANuBL AL?ATRA c oncern: To whom it may I am writing to recommen tbp cons an VVor pro 1 Mr- J r. Rosso has constructed and satisfactorily compleW numerous projects fo the Port of Palm Beach District. Joe Rosso has an excellent c constructing quality work comp leting and r k on time. The following are several Ro completed for the Distdct project : * Main Gate Site I mprovements - Phase 2 ($1,191,000) * 13' Sted Re-construction ) * North Slip #1 Pa ving v' , * Street { 1 S lip 1 , 1 v ( if you ha Y ) 38 Sincerely, m emas J�. & P �X Deputy Port Director/Port r D Port of Palm Beach w . •®.. er - -� n.......'rA n -... 10,.r -r QT 41AnA . Du /Cf.11 3RR_t1M . QFv IcAlk 949-0 wwwmoxC ffiak bimcb.com AWNISTRATOR. PALM BEACH COUNTY COUNTY BOARD OF COUNTY rE Waia=r t AIRPORTS Chair AirWt r L AWFA GATEWAY T June 2Z 2012 To whom it may wricsim: Ra: RACOMMmdaflatis for Joseph A. Rafto If and Joseph AL Rosso 11111 This Mtsr is my a I recommendation for Joseph A, Rosso II and J Ill, B g enUemon wets an Inkgrd part of the constructim Wam. - W recently completed three I I toWing over $63 infllbn dollars. The proje* wwe completed on fim and wWn airport constant adjuskients In t ft needs of airport I n in° personnel . to meat them requimments and i. successUly t t of Akpoft 848 PALM BEACH INTERNAMNAL AIRPORT Wsm P #4 t )471.7412 (501)4711-7427 www-Pbia-cig PALM BEACH COUNTY PARK AIRPORT NORTH COUNTY E I T An Equal n try I 1 4s n 7`rrat r I E 1 tp � r d.y� T Tt � ( ?f+ " b " OE k t j vaRrc } d 4f s, �i jN TrwT�F s • '"f ' (uF�idl+%;�k: 13aday�' ' mss. "s - a�� Ftl if]41�f ' .. � ,,� . ,,_ �. .,,a . J 4 ililA r7U'11 I .. } „, la}d'1yr Fb•n n..._1 °I Fd •K 1.1'' v ,.u.... .u»,.,... <....,..,.:. ..,.. .. ... ..,......a ..w....s.. I IAfYT .a�` }} <1srlrs�ac� J Ia.4,r ktf�uF.vl�l Feat 'I4�i, .., `��'�ET:r�ierfr.:rntY.11iltl. lulij. W ii �.,+I Fri -VIUI.t� I ` - �arbua ®x. rPlV .twttlrl$a sJa u.�rl.taa�14 Fe •1.•1•: Ia+i ' tAd A I]rUp Wo V11 Fd 1h:"64: s 10 4-1 Mai 5.1.11.1 Fri 1. ri4. �7 j1 - 1:2'Tt0..i7 �•MION trUY• 114m.dRI4 Tre 4-MI' TV p0.bfuL Idori A ?IA 7r. f:7L'I•I I - 11 - 4'arr,cfeT.ii,�dld91ew14 IL L2j,' TEJI lM ni. — NI•I , ... I� l rllarlriwl nmap Fri iVl•1 111 .71.41.1 A I.i ~ �itll4r•SYrlli Ode ;, Fri 7 n. 7"12 "la` +rllytee 1.lay Fri 7, a ••�� ^tt +ldr�r 7Jari FH 7!11!1.1 1'Y�T?al}lai I�.,..- ,.,,. „.,, �„_s�1 < -. ' i 7 I Jay Fd `iii 14 Fd "1'14 d kw•U <c 1�5r w �y{��`dlwurthf C•fnpkllal 4�taw Fd "•L I.1 N-1, 44 � {' APu¢IfFW r, G:lleralC kvr -nP le SaY• ltir - 4t41 F .. 1 7 ' ^ FmIlill 4 fnamal- rlmu°Irp � ! I rlulcmPAs11 '.Obn Fri '•I,.1a Fn •t• +I4 F1na1[a +pk.lao �' ' :i %e �scu '� ®a �� •.� s . ,. ® "� _. No s. yam .FF: ARPL� �UM �No- 1 Addendum lone Date. January 13,2014 Boynton Beach Community Redevelopment Agency mrrATION to BUD For the PARKING LOT PROJECT - NE Ist Avenue & NE let Street & Sidewalk Connector Located at 208 NE Ist Street, Boynton Beach, FL ITB hne Date: December 6,2013 Submission Deadline Date January 16, 2814, no later than 3pm T1w CRA is issuing the fbilowing responses to 'Requests for Information or Clarification" received from interested patios that so deemed material to the ITB document or project plans or speeffications: 1. Plan sheet E-03 "pole Installation deter indicates a surge arrestor in the pull box. Pricing on this particular product can vary in double to triple digits. Plesse have the electrical engineer provide a specification with catalog number for clarity. to pricing. Response: The surge arrestor shall be EDCO SHA Series. ® Plan sheet E-03 shows no detail for the bollard installation. Will the material requirements for the bollard be the some as the pole detall, which indicates a pal box, surge suppression and Wing? Response: Please refer to the attached Exhibit A 3. Plan sheet E-03 "Lighting Standing Specifications" Item 2 Indicate the contractor to submit signed and scaled wind load calculations for the instagation. There are multiple notes on plan ohm E-W that give very specific dimensions, " of concrete and reinforcement steel lbr the foundations of the light standards. Please advise which instructions prevail? Response: Please reft to Sheet E-03, #1 on the attached Exhibit A. The items included in Lighting SbuWard Specifications Notes 2-6 am not required if the specified manuiketurer is installed. Windloading calculations and foundation design will only be required for alternate manufaztines equipment. If the contractor elects to submit an the specified product, photometric point by pohn, windloading calcuMons mid foundation design are riot required since they have been completed as part of this plan set, 4. The Geoteelmical Report and Recommendations require compaction testing rte proof rull, sub-graft pavement hase, concrete and etc. Will the CRA be providing this service? Response: The CRA will place this gootechnical performance verification requirement under the Wity, managemeM and cog of the selected general contracting firm. responsi S. The directional bore across NE 1 Avenue for the Irrigation lise will be very expensive. Would a direct bury and patch be acceptable? Response: The directional bore was approved by the City. Bidders my pro-vide an alternate for a d burywith patch and nmintenance of traffic., if destred, which will required City appro-vral. 6. Will we be allowed to close off vehicular access to the existing parking to the east of the propoKd parking lot so we can remove and replace the roadway in this area , or does one- way traffle have to be maintained? Response: For the purposes of bidding, one-way traffic must be maftftine& The contractor shall coordinate with the CRA and the condominium for any closures of the paddng and drive ° dsle. 1. 1 cannot find a detail for the "Decorative Vehicular Bollards"� Can one be provided? Response: The specification for the Decorative Vehicular Bolkirds is provided an Sheet E-K L Drawing E-83 & E-04- Is a concrete base required for the Light Bollards? Response: A concrete foundation is required for the light bollards. The foundation. shall be 3,000 psi concrete, I s- diameter, 2 deep, with (4) #8 bars and #3 ties at 8 (ASTM-A-61 5, Gtade 60), and (4) %- diameter x 18" long HDG anchor bolts (8 3" B.C.). 9. Drawing C ® & 1AOO; LO.00 calls for one tree to be relocated # 53. Drawing C3.00 calk for 9 tress to be relocated. Which drawing is correct? Wbere the treas to be relocated? Resp Tree #53 shall be removed. 19. Drawing C 4.00 Are the existing wheel stop@ at the condominium parking to be replaced? Response: Ile existhig whealstops shall be remov upon completion, Any damage to the adstmg whee1 is the responsibility of the contzctor W the contractor shall replace them with new wheelst ops. with the pmnt and lettering of the existing whealstaps. 11® Drawing C 4LOO Is the e stinji aspbalt pavement at the condominium parking to be milled to the base material and replaced with a I %" ovedOY Response: The asphalt shall be removed by nulling or otherwise and replaced with 1.5" of asphalt. 12. Drawing C 4.00 b the Vehicular Path Concrete 6" thick? Response: The Vehicular Path Concrete shafl be consbucted per the 1kiveway and Roadway Swales detail on Sheet C6.00. 13. Drawing C 4.00 Are all Pavement markings on the project to be paint? Response. All pavement markings shall be paint unless otherwise noted, per Note 4 on Sheet C4.00. 14. Drawing C 6.00 Handicap Parking calls for double striping. Are the Molar parking spaces Single stripes? Respome: Swilard spaces are to be double striped per City standards and as shown in the Handicap Parldng, Stalls and Details detail shown on Shed C6.00. 2 15. Drawing C 5.00 The existing condominium parking drains to the east at 2%. The New Arrows refiect it lot will drain to the WesL Do the elevations at the east side of lot need to be revised from the exbft elevatiow shown? Response: The spot grades on the west side of the exisft condominium parking and, drive aisle are set to match t grades of the existing pavement so that the drainage pafte= are not changed as a part o f thi p The Odsting pavement rwanstrueWn in the am with the cross batch shall be a rmnoval and replacement with 1.5" of asphalt as shown in the Asphaltic Concrete Pavement Section an Sheet C6.00. No additional pavement thickness is irdendecL The new pavement construction west of the wdsting pavemerd line will flow at —2® to the west and be collected in the swale. The grades of 17' +/- am incorrect and will be lower as descri1ed above. Any revised Fades will be provided in a plan revision after bidding upon coordination with the City. 16. Drawing C 5.00 Ilse existing condominium parldog drain to the esat at 2%. The New Elevations show the pavement drains to the cot at 4%. How do we got paid for the additional thickness of asphalt? Response: See response to #1 dwve. Exhibit A M&ItACH C A RKING LOT OLE 1. On "UGKTING STANDARD SPECIFICATIONS, SHOP DRAWINGS", Note 8 was added to, read. "ITEMS 2,3,4, 5 & 6 ARE NOT REQUIRED FOR THE SPECIf IED MANUFACTURER". 2. On "POLE DETAIL Al & A2, A2-FIXTURE", Catalog Number was changed to read- uSL760112L4MMDLO5-UBKT". 3. On "BOLLARD DETAIL", Height of Dollard was changed to "50 inches". 4, The "FOUNDAT110N DETAIL and POLE FOUNDATION EMBEDMENT TABLE" were modified as follows: SOLLARD, SEE POLE DETAIL TYPE A1.A2 & DOLLARD. ANCHOR DOLT& CONCRETE FOUNDAMNS SEE TABLE FOR OETAILS V SU TAME FOUNDATION DETAIL, xv- POLE FOUNDATION EMBEDMENT TABLE ITE�_j -BAMML COMMENTS DEPT IA ANCHOR BOLTS rYPE H DMETER * F7 HEIN (g X POLE sm pp 2--C M GRAVE Me SOL-LAW 2 Rw. W/ 46) i"VA6 X 19% Ir TWS emirs. (&5W,) sTO A 015 S. T "POLE INSTALLATION IL" was modifled as follows: (2) W.P. FUSE HOLDER NTH LUMINAIRE - POW SHAFT A GROU LUG ..F A 5 AMP FUSE FOR ROLLARDS v SHA SERIES TAJL FOR POLE ONLY COND. ENTRANCE > PULL WX b 1 BED OF CRUSHED STOW FM DRAINAGE ® DIA. 1 ,L COPPER ORD. ROD CONDUIT ADJACENT POLES MM WFE IN P.V B `yk 4 L POLE & BOLLARD F t IN PULL BOX FCR DOLLARD ONLY. AND INSME POLE HAND SOLE FOR paM Ly, FUSE HOLM SHALL BE BUW4M JHFA 1 1 CT : ' POLM 3/4" Dik FM NUARDS, 5, "RE FROM PULL 7R8 P=/WLLARD SKMJ. 12 R 1PT M .a & & On "LEGEND, CONDUITSYMBOL DESCRIPTION' shall read. "NEW 2" PVC SCHEDULE 40 CONDUIT 7. On "LEGEND, TYPE Al DESCRIPTION" ll : "15 FT. STERNBERG 29DO CONCOURSE SERIES ALUMINUM L E WITH ONE (1) 1 , 240 VOLTS, rt LED LUMINAIRE SERIES `. # SL76U112L45T2MDLD5-UBKT. I LL BOX QUAZIDE 1 L ". "LEGEND, TYPE A2 DESCRIPTION" shall readt " . STERNBERG 29DO CQNCOURSE SERIES ALUMINUM IT (2) 195 WATTS, 240 VOLTS, STERNBERG LED LUMINAIRE SERIES f L BOX QUAZIDE "LEGEND, BOLLARD DESCRIPTION" shall a "STERNBERG EURO LED LIGHTED T. µL INCHES TALL. 31 L WITH 120 DEG. SIDE I PROVIDE ROUND PULL BOX CARSON L SERIES 910 AT LOCATIONS INDICATED INSTALLATION DETAIL". 10. On 'LEGEND, PULL BOX DESCRIPTION" shall read; "CONCRETE OR COMPOSITE PULL BOX 12" X 24" WITH NON METALLIC SIMILAR T w. No. 2 Addendum Issue ® January 13,2014 Boynton Bmch Community Redevelopment Agency 11WITATION to BID For the PAREING LOT PROJECT - NE Ist Avenue & NE It Street & Sidewalk Connector Located at 209 NE lot Street, Boynton Beach, FL ITB Issue Date: December 6,201.3 Submission Deadline Date: January 16, 2014, no later than 3pm The CRA is issuing the following responses to "Requests for Infonnation or Clarificatiore' received from intwested parties that are deemed material to the ITB document or project plans or speeffkations: 1. The Geotechnical Report and Recommendations require compac6on testing fbr the proof roll, $ ub-gradc, pavement base, concrete and etc. Question - Will the CRA be providing this service? Responw: The CRA would place this geotechnical performance verification requirement under the responsibility, management and cost of the general coritniding firm. I ATTACHMENT III fi a rM I, AIA Document Al Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original Boynton Beach Community Redevelopment Agency AIA standard form. An Additions and 710 N. Federal Highway Deletions Report that notes added Boynton Beach, FL 33435 information as well as revisions to Telephone Number: (561) 600 -9091 the standard form text is available from the author and should be reviewed. A vertical line in the left and the Contractor: margin of this document indicates (Nance, legal status, address and other information) where the author has added necessary information and where Rosso Site Development, Inc. the author has added to or deleted 111 Vassar Drive from the original AIA text. Lake Worth, FL 33460 This document has important legal Telephone Number: (561) 689 -0889 consequences. Consultation with an Fax Number: (561) 689 -2851 attorney is encouraged with respect to its completion or modification. for the following Project: AIA Document A201 Tm -2007, (Name, location and detailed description) General Conditions of the Contract for Construction, is adopted in this Boynton Beach Community Redevelopment Agency document by reference. Do not use Parking Lot Project - NE 1st Avenue & NE 1st Street & Sidewalk Connector with other general conditions unless Located at 208 NE 1st Street, Boynton Beach, FL this document is modified. The Architect: (Name, legal status, address and other information) Kimley -Horn & Associates, Inc. 1690 South Congress Avenue, Ste 100 Delray Beach, FL 33445 Telephone Number: (561) 404 -7250 The Owner and Contractor agree as follows. AIA Document A101 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 4961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING. This AIA Document is protected by U, S. Copyright Low and International Treaties. Unauthorized � t reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible sander the law. This document was produced by AIA software at 15:50:58 on 03/0512014 under Order No.1541149217 which expires on 02!1712015, and is not for resale. User Notes: (389ADA15) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The Date of Commencement shall be ten (10) days after the Notice to Proceed date or the Permit Issue date, which ever is later. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One hundred eighty ( 180 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Ifoppropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) AIA Document A701 TM — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1957, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. CopyrIght Law and International Treaties. Unauthorized 2 ! reproduction or distribution of this Ale Document, or any portion of 'It may result in severe civil) and crindnal penalties, and will be prosecuted to the maxi num extent possible under the law. This document was produced by AIA software at 15:50:58 on 03105112014 under Order No.1541149217 which expires on 02/17/2015, and is not for resale. User Notes: (3B9AUA15) Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or, for bonus payments for early completion of the Work) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five Hundred Ten Thousand Four Hundred Thirty -five Dollars and Twenty -four Cents ($ 510,435.24 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (,State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, f any, to which the unit price will be applicable) Item Units and Limitations Price Per Unit ($0.00) § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25tb day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 20th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Ten ( 10 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. AIA Document A101 TM —2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNINM This AIA "` Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 3 reproduction or distribution of this AIA` Document, ter any portion of it„ may result in severe civil and criminal penalties, and will be prosecuted to the maximum extend possible under the law. This document was produced by AIA software at 15:50:58 on 03105/2014 under Order No. 1541149217 which expires on 02/1712015, and is not for resale. User Notes: (3B9ADA15) § 5,1,5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201 rm -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201 2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) After 50- percent completion of the construction services purchased pursuant to the contract, the owner must reduce retainage to 5- percent § 5. 1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when 1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) AIA Document A101 TM — 2007. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING; This A O Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and cir irninal penalties, and will be prosecuted to the maximum extort possible under the lain. This document was produced by AIA software at 15:50:58 on 03105!2014 under Order No.1541 /49217 which expires on 02M 7/2015, and is not for resale. User Notes: (3B9ADA15) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 - 2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) ( X ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ ] Litigation in a court of competent jurisdiction [ X ] Other (Spec) In the County of Construction ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) Per Florida Statute 218.70 § 8.3 The Owner's representative: (Name, address and other information) Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 (561) 600 -9091 simonm @bbfl.us § 8.4 The Contractor's representative: (Name, address and other information) Joseph Rosso, President or Blair Simpson, Secretary- Treasurer 1 I 1 Vassar Drive Lake Worth, FL 33460 (561) 689 -0889 BSimpson @rossositedevelopment.com AIA Document A101n`-2007, Copyright ©1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA` document is protected by U, S. Copyright Law and international Treaties. Unauthorized � l reproduction or distribution of this MA Document, or any portion of it, may result i severe civil and criminal penalties, and will he prosecuted to the rnexim urn extent possible under the taw. This document was produced by AIA software at 15:50:58 on 0 310 512 0 1 4 under Order No. 1541149217 which expires on 02/1712015, and is not for resale. User Notes: (31519ADA15) § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9. 1.1 The Agreement is this executed AIA Document A 101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages Invitation to Bid Boynton Beach December 13, 2013 1 -46 Community Redevelopment Agency Parking Lot Project - NE Ist Avenue & NE 1st Street & Sidewalk Connector Rosso Site January 16, 2014 Development - Response to Invitation to Bid § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) Refer to Exhibit A - Contract Documents Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages Addendum No, I January 13, 2014 1 -5 Addendum No. 2 January I3, 2014 1 -1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American !nit. Institute of Architects. All rights reserved. wAi1MM THs Ale Document is protected by U.B. Copyright t_aur and International Treaties. Unauthorized 6 t reproduction or distribution of this AIA Document, or any portlon of it., may result in sevort civil and criminal penaltles, and will be prosecuted to the maximum extent possible sunder the law. This document was produced by AIA software at 15:50:58 on 0310512014 under Order No.1541149217 which expires on 02/1712016, and is not for resale. User Notes: (3B9AOA15) .1 AlA Document E201Tm-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document ,4201 -2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only of intended to be part of the Contract Documents) Refer to Exhibit A - Contract Documents Refer to Exhibit B - Public Records ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201- 2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201-2007.) Type of insurance or bond Limit of liability or band amount ($0,00) Payment and Performance Bond $510,435.24 General Liability Insurance $1,000,000 per occurrence / $2,000,000 aggregate Worker's Compensation $500,000 This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) Blair Simpson Secretary/Treasurer (Printed name and title) (Printed name and title) AIA Document A101 TM —2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. Ali rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and InternationM Treatles. Unauthorized 7 reproduction or distribtuUon of this Ale Document, or any portions of it, may resualf !in severe civil and criminal permaities, and will be prosecuted to the rnaxinsauuss extent possible sunder the loam. This document was produced by AIA software at 15:50:58 on 03105/2014 under Order No. 1541149217 which expires on 02/17/2015, and is not for resale. User Notes: (3B9ADA15) Additions and Deletions AIA Document A101 TM —2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:50:58 on 03/05/2014. PAGE Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 Telephone Number: (561) 600 -9091 Rosso Site Development, Inc. 111 Vassar Drive Lake Worth, FL 33460 Telephone Number: (561) 689 -0889 Fax Number: (561) 689 -2851 Boynton Beach Community Redevelopment Agenc Parking Lot Proiect - NE 1st Avenue & NE 1st Street & Sidewalk Connector Located at 208 NE 1st Street, Boynton Beach, FL Kimley -Horn & Associates, Inc. 1690 South Congress Avenue Ste 100 Delray Beach, FL 33445 Telephone Number: (561) 404 -7250 PAGE The Date of Commencement shall be ten 10 days after the Notice to Proceed date or the Permit Issue date which ever is later. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One hundred eighty 180 ) days from the date of commencement, or as follows: Additions and Deletions Report for AIA Document A101 TO —2007. Copyright b 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA ` Document is protected by U.S. Copyright Law and 1 international Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the low, This document was produced by AIA software al 15:50:58 on 03/0512014 under Order No. 1541149217 which expires on 02117/2015, and is not for resale. User Notes: (3B9ADA15) PAGE 3 § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five Hundred Ten Thousand Four Hundred Thirty -five Dollars and Twenty- four Cents ($ 510,435.24 ), subject to additions and deductions as provided in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as mss= § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 20th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Ten (10) days after the Architect receives the Application for Payment. PAGE 4 1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of ALA Document A201 TM -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00 %); After 50-percent completion of the construction services purchased pursuant to the contract the owner must reduce retainage to 5- percent PAGE 5 [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ 2L ] Other (Spec) In the County of Construction P er Florida Statute 218.70 Additions and Deletions Report for AIA Document A101 T —2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and 2 International Treaties. Unauthorized reproduction or distrlbutlon of this A€A Document, or any portions of it, may result in severe civil and criminal penalties, and will be prosecuted to the marrinium extent possible cruder the law. This document was produced by AIA software at 15:50:58 on 03/05/2014 under Order No. 1541149217 which expires on 0211712015, and is not for resale. User Notes: (3139ADA15) Michael Simon Assistant Director 710 N. Federal Hi iwU Boynton Beach, FL 33435 561 600 -9091 simonmC&bbfl.us Joseph Rosso President or Blair SimpsOn, Secretary- Treasurer 111 Vassar Drive Lake Worth, FL 33460 (561) 689 -0889 BSimpson (&rossositedevelonment.com PAGE 6 Invitation to Bid Boyn Beach December 13, 2013 1-46 Community Redevelopment Amy Parking Lot Project - NE 1 st Avenue & NE 1 st Street & Sidewalk Connector Rosso Site _January 16, 2014 Development - Response to Invitation to Bid Refer to Exhibit A - Contract Documents Addendum No. 1 January 13 2014 1 -5 Addendum No. 2 January 13, 2014 1 -1 PAGE 7 Refer to Exhibit A - Contract Documents Refer to Exhibit B - Public Records Payment and Performance Bond $510,435.24 General Liability Insurance $1,000,000 per occurrence / $2 aggregate Worker's Compensation $500,000 Additions and Deletions Report for AIADocument A101 —2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNENO: This A10 Document is protected by U.S. Copyright law .and 3 International Treaties. Unautivoruxed reproduction or distribution of this AlA" DocumeriL or any portion of it, assay result irn severe caul aund crl inal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:50:58 on 03105/2014 under Order No. 1541149217 which expires on 02/1712015, and is not for resale. User Notes: (3B9ADA15) .. Additions and Deletions Report for AIADocumejitA1101�-2007. Copyright@ 1915,1918, 1925, 1937, 1951, 1958,1961,1963, 1967,1974, 1977,1987. International Treaties. UnaLdhorized reproduction or distribution of 1991 199 --_— ` T he ~.~~~,°s � penalties, and wfll be prosecuted to the rnaximiurn extent possible under the low. This document was produced by AIA software at 15:50:58 on 03/05/2014 under Order No.1541149217 which expires on 02/1712015, and is not for resale, User Notes: (3139ADA15) Ce rtific a tion Document's thetici AW Document D401 TM —2003 1, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:50:58 on 03/05/2014 under Order No. 1541149217 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document AJO1TM - 2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _._._._. 7 ' le) (T)ate o AIA Document D401 T" — 2003. Copyright O 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and international 'rreaue& Unauthorized reproduction or distribution of tf9s AIA Document, or any portion of it � may result in severe civil and criminal penafties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:50:58 on 03105/2014 under Order No. 1541149217 which expires on 02/17/2015, and is not for resale. User Notes: (369ADA15) t AIA Document A201 TM .2007 Conditions General #r for Construction for the following PROJECT: (Name and location or address) Boynton Beach Community Redevelopment Agency ADDITIONS AND DELTIt7IV : 710 N. Federal Highway Boynton Beach, FL 33435 The author of this document has added information needed for its completion. The author may also have revised the text of the original THE OWNER: (Name, legal status and address) AIA standard form. An Additions and Boynton Beach Community Redevelopment Agency Deletions Report that notes added information as well as revisions to 710 N. Federal Highway the standard form text is available Boynton Beach, FL 33435 from the author and should be reviewed. A vertical line in the left margin of this document indicates THE ARCHITECT: where the author has added (Name, legal status and address) necessary information and where Kimley -Horn & Associates, Inc. the author has added to or deleted 1690 South Congress Avenue, Ste 100 from the original AIA text. Delray Beach, FL 33445 This document has important legal consequences. Consultation with an attorney is encouraged with respect TABLE OF ARTICLES to its completion or modification. 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS B CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORT( 13 MISCELLANEOUS PROVISIONS AIA Document A201 T —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 1 reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and win be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 0211712015, and is not for resale. User Notes: (3139AOA1 F) 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING. This ARA" Document is protected by U.B. CopyNght l_aw and International Treaties. Unauthorized reproduction or dlstrlbutlon of this AIA' Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the rnax..Iniumi extent possible tender the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No- 7490543787 which expires on 02117/2015, and is not for resale. User Notes: (3B9ADA1F) INDEX 2.4, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 (Topics and numbers in bold are section headings.) Architect's Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals Acceptance of Nonconforming Work 2.4, 3.1.3, 3.5, 3.10.2, 4.2.7 9.6.6, 9.9.3, 12.3 Architect's Authority to Reject Work Acceptance of Work 3.5, 4.2.6, 12.1.2, 12.2.1 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Architect's Copyright Access to Work 1.1.7, 1.5 3.16, 6.2.1, 12.1 Architect's Decisions Accident Prevention 3.7.4, 4.2.6, 4.2,7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 10 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, Acts and Omissions 13.5.2, 15.2, 15.3 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, Architect's Inspections 10.2.8, 13.4.2, 13.7, 14.1, 15.2 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Addenda Architect's Instructions 1.1.1, 3.11 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Additional Costs, Claims for Architect's Interpretations 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 4.2.11, 4.2.12 Additional Inspections and Testing Architect's Project Representative 9.4.2, 9.8.3, 12.2.1, 13.5 4.2.10 Additional Insured Architect's Relationship with Contractor 11.1.4 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, Additional Time, Claims for 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 4.1.2, 4.1.3, 4,2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, Administration of the Contract 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 3.1.3, 4.2, 9.4, 9.5 15.2 Advertisement or Invitation to Bid Architect's Relationship with Subcontractors 1.1.1 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Aesthetic Effect Architect's Representations 4.2.13 9.4.2, 9.5.1, 9.10.1 Allowances Architect's Site Visits 3.8,7.3.8 3.7.4, 4.2.2,4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 All -risk Insurance Asbestos 11.3.1, 11.3.1.1 10.3.1 Applications for Payment Attorneys' Fees 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9. 10, 3.18.1, 9.10.2, 10.3.3 11.1.3 Award of Separate Contracts Approvals 6.1.1, 6.1.2 2.1.1, 2.12, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, Award of Subcontracts and Other Contracts for 4.2.7, 9.3.2, 13.5.1 Portions of the Work Arbitration 5,2 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 Basic Definitions ARCHITECT 1.1 4 Bidding Requirements Architect, Definition of 1.1.1, 5.2.1, 11.4.1 41.1 Binding Dispute Resolution Architect, Extent of Authority 9.7, 11.3.9, 113.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 2.4, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 15.3.2, 15.4.1 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.11, Boiler and Machinery Insurance 13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 11.3.2 Architect, Limitations of Authority and Bonds, Lien Responsibility 7.3.7.4, 9.10.2, 9.10.3 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, Bonds, Performance, and Payment 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Building Permit Architect's Additional Services and Expenses 3.7.1 AIA Document A201 T — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA! Document Is protected by U.S. Copydght Lazar and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it„ may result in severe ciwail and criminal penalties, and will be prosecuted to the 3 ... m eaten possible under the law. This document was produced by AIA software at 16:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02117!2015, and is not for resale. User Notes: (3B9ADA1 F) Capitalization Compliance with Laws 1.3 1.6, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 10.2.2, Certificate of Substantial Completion 11. 1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 9.8.3, 9.8.4, 9.8.5 14.2.1,3, 15.2.8, 15.4.2, 15.4.3 Certificates for Payment Concealed or Unknown Conditions 4.2.1,4.2.5,4.2.9, 9.3.3,9.4,9.5,9.6.1,9.6.6,9.7„ 3.7.4, 4.2.8, 8.3.1, 10.3 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Conditions of the Contract Certificates of Inspection, Testing or Approval 1.1.1, 6.1.1, 6.1.4 13.5.4 Consent, Written Certificates of Insurance 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 11.1.3 9.10.2,9.10 .3,11.3.1,13.2,13.4.2,15.4.4.2 Change Orders Consolidation or Joinder 1.1.1, 2,4, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 15.4.4 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.110, CONSTRUCTION BY OWNER OR BY 8.3.1, 9.3.1.1, 9.103, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, SEPARATE CONTRACTORS 12.1.2, 15.1.3 1.1.4, 6 Change Orders, Definition of Construction Change Directive, Definition of 7.2.1 7.3.1 CHANGES IN THE WORK Construction Change Directives 2.2.1,3.11,4.2.8,7 ,7.2.1,7.3.1,7.4,8.3,1,9.3.1.1, 1.1,1,3.4.2,3.12 .8,4.2.8,7.1.1,7.1.2,7.1.3,7.3, 11.3.9 9.3.1.1 Claims, Definition of Construction Schedules, Contractor's 15.1.1 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 CLAIMS AND DISPUTES Contingent Assignment of Subcontracts 3.2.4, 6.1.1, 6.3, 73.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 5.4, 14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 15.4.1 15.1.3 Claims for Additional Cost Contract, Definition of 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 1.1.2 Claims for Additional Time CONTRACT, TERMINATION OR 3.2.4, 3.7.4, 6.1.1, 8.3.2, 10.3.2, 15.1.5 SUSPENSION OF THE Concealed or Unknown Conditions, Claims for 5.4.1,1, 11.3.9, 14 3.7.4 Contract Administration Claims for Damages 3.1.3, 4, 9.4, 9.5 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, Contract Award and Execution, Conditions Relating 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 to Claims Subject to Arbitration 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11,4.1 15.3.1, 15.4.1 Contract Documents, Copies Furnished and Use of Cleaning Up 1.5.2, 2.2.5, 5.3 3-15,6-3 Contract Documents, Definition of Commencement of the Work, Conditions Relating to 1.1.1 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, Contract Sum 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1,4, 15.1.4 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, Commencement of the Work, Definition of 15.2.5 8.1.2 Contract Sum, Definition of Communications Facilitating Contract 9.1 Administration Contract Time 3.9.1, 4.2.4 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, Completion, Conditions Relating to 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 15.1.5.1, 15.2.5 9.10, 12.2, 13.7, 14.1.2 Contract Time, Definition of COMPLETION, PAYMENTS AND 8.1.1 9 CONTRACTOR Completion, Substantial 3 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, Contractor, Definition of 12.2, 13.7 3.1, 6.1.2 AIA Document A201' — 2007. Copyright ©1911, 19 15, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING, This AM" Document is protected by U.S. Copyright Law and lnternational Treaties. Unauthorized 4 reproduction ru distribution of this A10 Document, or any portion of it, may result in severe civil and chin inal penalties, and swill be prosecuted to the a axlmu.-n extent possible under the law. This document was produced by AIA software at 15:22:40 on 0310512014 under Order No.7490543787 which expires on 02117!2015, and is not for resale. User Notes: (3i39ADA1 F) Contractor's Construction Schedules 3.14, 6.2.5 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Damage to Construction of Owner or Separate Contractor's Employees Contractors 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 3.14.2, 6.2.4, 10.2.1.2, 10,15, 10.4, 11.1.1, 11.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 12.2.4 Contractor's Liability Insurance Damage to the Work 11.1 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2,4 Contractor's Relationship with Separate Contractors Damages, Claims for and Owner's Forces 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Contractor's Relationship with Subcontractors Damages for Delay 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 11.3.1.2, 11.3.7, 11.3.8 Date of Commencement of the Work, Definition of Contractor's Relationship with the Architect 8.1.2 1. 1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, Date of Substantial Completion, Definition of 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, 8.1.3 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, Day, Definition of 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 8,1,4 Contractor's Representations Decisions of the Architect 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 3.7.4, 4.2.6, 4.2.7, 4.2,11, 4.2,12, 4.2.13, 15.2, 6.3, Contractor's Responsibility for Those Performing the 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, Work 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 3.3.2, 3.18, 5.3, 6.13, 6.2, 9.5.1, 10.2.8 Decisions to Withhold Certification Contractor's Review of Contract Documents 9.4.1, 9.5, 9.7, 14.1.1.3 3.2 Defective or Nonconforming Work, Acceptance, Contractor's Right to Stop the Work Rejection and Correction of 9.7 2.3, 2.4, 3.5, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, Contractor's Right to Terminate the Contract 9.9.3, 9.10.4, 12,2,1 14.1, 15.1.6 Definitions Contractor's Submittals 1. 1, 2.1.1, 3.1.1, 3.5, 3.12,1, 3.12.2, 3.12.3, 4.1.1, 3.10,3.11,3.12.4,4 .2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Delays and Extensions of Time Contractor's Superintendent 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 3.9, 10.2.6 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Contractor's Supervision and Construction Disputes Procedures 6.3, 7.3.9, 15.1, 15.2 122, 3.3, 3.4, 3.12.10, 4,2,2, 4.2.7, 6.1.3, 6.2.4, Documents and Samples at the Site 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 3.11 Contractual Liability Insurance Drawings, Definition of 11.1.1.8, 11.2 1.1.5 Coordination and Correlation Drawings and Specifications, Use and Ownership of 1.2,3,2 .1,3.3.1,3.10,3.12.6,61.3,6.2.1 3.11 Copies Furnished of Drawings and Specifications Effective Date of Insurance 1.5, 2.2.5, 3.11 8.2.2, 11.1.2 Copyrights Emergencies 1,5, 3.17 10.4, 14.1.1.2, 15.1.4 Correction of Work Employees, Contractor's 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2,3, 4.2.6, 10.2, Correlation and Intent of the Contract Documents 10.3.3, 11.1.1, 11.3.7, 14,1, 14.2.1.1 1.2 Equipment, Labor, Materials or Cost, Definition of 1.1.3, 1,1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 7.3.7 4.2.6, 4.2.7, 5.2.1 6.2.1, 7.3.7, 9.3.2, 9.3,3, 9.5.1.3, Costs 9.10.2 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 2.4, 3.2.4, 3.73, 3.8.2, 3.15.2, 5,4.2, 6.1.1 6.2.3, Execution and Progress of the Work 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 11.3 12.1.2, 12.2.1, 12.2.4, 13.5, 14 3.7.1, 3.10.1 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, Cutting and Patching 9.5.1 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 AIA Document A201 TM — 2007. Copyright Q 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1981, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AVO Document is protected by U.D. Copyright Law and International'. Treaties. Unauthorized � reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the ,. ximurn extent possible under the 6ayw, This document was produced by AIA software at 15:22:40 on 0310512014 under Order N0.7490543787 which expires on 02/1712015, and is not for resale. User Notes: (3B9ADA1 F) Extensions of Time 8.2.2, 11.1.2 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, Insurance, Loss of Use 10.4, 14.3, 15.1.5, 15.2.5 11.3.3 Failure of Payment Insurance, Owner's Liability 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.13, 14.2.1.2 11.2 Faulty Work Insurance, Property (See Defective or Nonconforming Work) 10.2.5, 11.3 Final Completion and Final Payment Insurance, Stored Materials 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 9.3.2 12.3, 14.2.4, 14.4.3 INSURANCE AND BONDS Financial Arrangements, Owner's 11 2.2.1, 13.2.2, 14.1.1.4 Insurance Companies, Consent to Partial Occupancy Fire and Extended Coverage Insurance 9.9.1 11.3.1.1 Intent of the Contract Documents GENERAL PROVISIONS 1.2.1, 4.2.7, 4,2.12, 4.2.13, 7.4 1 Interest Governing Law 13.6 13.1 Interpretation Guarantees (See Warranty) 1,2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15. 1.1 Hazardous Materials Interpretations, Written 10.2.4, 10.3 4.2.11, 4.2.12,15-1.4 Identification of Subcontractors and Suppliers Judgment on Final Award 5.2.1 15.4.2 Indemnification Labor and Materials, Equipment 3.17, 3.18, 9.10.2, 10.3.3, 10.3.5, 10.16, 11.3.1.2, 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 11.3.7 4.2.6, 4.2.7, 5.2.1, 6.11, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, Information and Services Required of the Owner 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, Labor Disputes 9.6.1, 9.6.4, 9.9.2, 9.103, 103.3, 11.2, 11.4, 13.5.1, 8.3.1 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Laws and Regulations Initial Decision 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 15.2 10.2.2,11,1.1,11. 3,13.1,13.4,13.5.1,13.5.2,13.6, Initial Decision Maker, Definition of 14, 15.2.8, 15.4 L L8 Liens Initial Decision Maker, Decisions 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Limitations, Statutes of Initial Decision Maker, Extent of Authority 12.2.5, 13.7, 15.4.1.1 14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, Limitations of Liability 15.2.5 2.3, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, Injury or Damage to Person or Property 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, 10.2.8,10.4 11. 1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 Inspections Limitations of Time 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4,2,6, 4.2.9, 9.4.2, 9.8.3, 2.1.2, 2,2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 9.9.2, 9.10.1, 12.2. 1, 13.5 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, Instructions to Bidders 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, 1.1.1 11.3 .6,11.3.10,12.2,13.5,13.7,14,15 Instructions to the Contractor Loss of Use Insurance 3.2.4,3.3. 1,3.8.1,5.2.1,7,8.2.2,12,13.5.2 11.3.3 Instruments of Service, Definition of Material Suppliers 1.1.7 1.5,3.12.1,4,14,4 .2.6,5.2.1,9.3,9.4.2,9.6,9.10.5 Insurance Materials, Hazardous 3.18.1, 6.1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 10.2.4,10.3 Insurance, Boiler and Machinery Materials, Labor, Equipment and 11.3.2 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, Insurance, Contractor's Liability 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 11.1 9.5.1.3, 9.10.2, 10.2.1.2, 10.14, 14.2.1.1, 14.2.1.2 Insurance, Effective Date of AfA Document A201 T — 2097. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING This AIA" Document is protected by US. Copyright Law and International Treaties. Unauthofted 6 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penaltit:s, and will be prosecuted to the rnaxer € ➢une extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/1712015, and is not for resale. User Notes: (3B9ADA1 F) Means, Methods, Techniques, Sequences and Owner's Financial Capability Procedures of Construction 2.2.1, 13.2.2, 14.1.1.4 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Owner's Liability Insurance Mechanic's Lien 11.2 2.1.2, 15.2.8 Owner's Relationship with Subcontractors Mediation 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, Owner's Right to Carry Out the Work 15.4.1 2.4, 14.2.2 Minor Changes in the Work Owner's Right to Clean Up 1.1.1,3.12.8,4.2.8,7.1,7.4 6.3 MISCELLANEOUS PROVISIONS Owner's Right to Perform Construction and to 13 Award Separate Contracts Modifications, Definition of 6.1 1.1.1 Owner's Right to Stop the Work Modifications to the Contract 2.3 1.1.1, 1.1.2, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, Owner's Right to Suspend the Work 10.3.2,11-3.1 14.3 Mutual Responsibility Owner's Right to Terminate the Contract 6.2 14.2 Nonconforming Work, Acceptance of Ownership and Use of Drawings, Specifications 9.6.6, 9.9.3, 12.3 and Other Instruments of Service Nonconforming Work, Rejection and Correction of 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11, 3.17, 4.2.12, 2.3, 2.4, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 5.3 12.2.1 Partial Occupancy or Use Notice 9.6.6, 9.9, 11.3.1.5 2.2.1, 2.3, 2.4, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.7, Patching, Cutting and 9,10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 3.14,6.2.5 14.1, 14.2, 15.2.8, 15.4.1 Patents Notice, Written 3.17 23, 2.4, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 9. 10, Payment, Applications for 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, 15.2.8, 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 15.4.1 14.2.3, 14.2.4, 14.4.3 Notice of Claims Payment, Certificates for 3.7.4, 10.2.8, 15.1.2, 15.4 4.2.5,4.2.9,9.3.3, 9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, Notice of Testing and Inspections 9.10.3, 13.7, 14.1.1.3, 14.2.4 13.5.1, 13.5.2 Payment, Failure of Observations, Contractor's 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1,1.3, 14.2.1.2 3.2, 3.7.4 Payment, Final Occupancy 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3, 2.2.2, 9.6.6, 9.8, 11.3.1.5 13.7, 14.2.4, 14.4.3 Orders, Written Payment Bond, Performance Bond and 1. 1. 1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, 7.3.7.4, 9.6.7, 9.10.3, 11.4 13.5.2, 14.3.1 Payments, Progress OWNER 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14,2.3, 15.1.3 2 PAYMENTS AND COMPLETION Owner, Definition of 9 2.1.1 Payments to Subcontractors Owner, Information and Services Required of the 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.63, 14.2.1.2 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, PCB 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 10.3.1 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Performance Bond and Payment Bond Owner's Authority 7.3.7.4, 9.6.7, 9.10.3, 11,4 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, Permits, Fees, Notices and Compliance with Laws 4.1.3,4.2.4,4.2.9,5 .2.1,5.2.4,5.4.1,6.1,6.3,7.2.1, 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 7.3.1, 8.2.2, 8.3.1, 9.3,1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, PERSONS AND PROPERTY, PROTECTION 9.10.2, 10.3.2, 11.1.3, 11.3.3, 11.3.10, 12.2.2, 12.3, OF 13.2.2, 14.3, 14.4,15.2.7 10 AIA Documerrt A201 T° ' — 2007. Copyright Q 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA nocurnent is protected by U.S. Copyright Lacy and International Treaties. Unauthorized 7 reproduction or distribution of this AW Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the €naximurn extent possible tender the lash, This document was produced by AIR software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/17/2015, and is not for resale. User Notes: (389ADA1 F) Polychlorinated Biphenyl Samples, Definition of 10.3.1 3.12.3 Product Data, Definition of Samples, Shop Drawings, Product Data and 3.12.2 3.11, 3.12, 4.2.7 Product Data and Samples, Shop Drawings Samples at the Site, Documents and 3.11, 3.12, 4.2.7 3.11 Progress and Completion Schedule of Values 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 9.2, 9.3.1 Progress Payments Schedules, Construction 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Project, Definition of Separate Contracts and Contractors 1.1.4 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Project Representatives Shop Drawings, Definition of 4.2.10 3.12.1 Property Insurance Shop Drawings, Product Data and Samples 10.2.5, 11.3 3.11, 3.12, 4.2.7 PROTECTION OF PERSONS AND PROPERTY Site, Use of 10 3.13, 6.1.1, 6.2.1 Regulations and Laws Site Inspections 1.5,3.2.3,3.6,3.7, 3.12.10,3.13,4.1.1,9.6.4,9.9.1, 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 10.2.2, 11,1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, Site Visits, Architect's 15.2.8, 15.4 3.7.4,4.2.2, 4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 Rejection of Work Special Inspections and Testing 3.5, 4.2.6,12.2.1 4.2.6,12.2.1, 13.5 Releases and Waivers of Liens Specifications, Definition of 9.10.2 11.6 Representations Specifications 3.2.1, 3.5, 3 . 12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5. 1, 1.1.1,1.1.6,1.2 .2,1.5,3.11,3.12.10,3.17,4.2.14 9.8.2, 9.10.1 Statute of Limitations Representatives 13.7, 15.4.1.1 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, Stopping the Work 5.1.2,13.2.1 2.3, 9.7,10.3, 14.1 Responsibility for Those Performing the Work Stored Materials 3.3.2, 3.18, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Retainage Subcontractor, Definition of 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 5.1.1 Review of Contract Documents and Field SUBCONTRACTORS Conditions by Contractor 5 3.2, 3.12.7, 6.1.3 Subcontractors, Work by Review of Contractor's Submittals by Owner and 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, Architect 9.6.7 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 61.3, 9.2, 9.8.2 Subcoutractual Relations Review of Shop Drawings, Product Data and 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Samples by Contractor Submittals 3.12 3.10,3.11,3.12,4 .2.7,5.2.1,5.2.3,7.3.7,9.2,9.3, Rights and Remedies 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 53, 5.4, 6. 1, Submittal Schedule 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 3.10.2, 3.12.5, 4.2,7 13.4, 14, 15.4 Subrogation, Waivers of Royalties, Patents and Copyrights 6.1.1, 11.3.7 3.17 Substantial Completion Rules and Notices for Arbitration 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 15.4.1 12.2, 13.7 Safety of Persons and Property Substantial Completion, Definition of 10.2, 10.4 9.8.1 Safety Precautions and Programs Substitution of Subcontractors 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 5.2.3, 5.2.4 AIA Document A201I TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: ThW AW Document is protected by N.S. Copyright Law and International Treaties, Unauthorized reproduction or distributian of this AIAP DocurnerA, or any portion of it, rnayr result In severe civil and criminal penalties,, and will be prosecuted to the 8 i axinsnurn extent possible under the lava. This document was produced by AIA software at 15:22:40 on 03105!2014 under Order No.7490543787 which expires on 0 211 712 0 15, and is not for resale. User Notes: (3B9ADAIF) Substitution of Architect 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5, 4.1.3 13.7, 14, 15.1.2, 15.4 Substitutions of Materials Time Limits on Claims 3.4.2, 3.5, 7.3.8 3.7.4, 10.2.8, 13.7, 15.1.2 Sub- subcontractor, Definition of Title to Work 5.1.2 9.3.2, 9.3.3 Subsurface Conditions Transmission of Data in Digital Form 3.7.4 1.6 Successors and Assigns UNCOVERING AND CORRECTION OF 13.2 WORK Superintendent 12 3.9, 10.2.6 Uncovering of Work Supervision and Construction Procedures 12.1 1.2.2, 3.3, 3.4, 3.12,10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, Unforeseen Conditions, Concealed or Unknown 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 3.7.4, 8.3.1, 10.3 Surety Unit Prices 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 7.3.3.2, 7.3.4 Surety, Consent of Use of Documents 9.10.2, 9.10.3 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Surveys Use of Site 2.2.3 3.13, 6.1.1, 6.2.1 Suspension by the Owner for Convenience Values, Schedule of 14.3 9.2, 9.3.1 Suspension of the Work Waiver of Claims by the Architect 5.4.2, 14.3 13.4.2 Suspension or Termination of the Contract Waiver of Claims by the Contractor 5.4.1.1,14 9.10.5, 13.4.2, 15.1 .6 Taxes Waiver of Claims by the Owner 3.6, 3.8.2.1, 7.3.7.4 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Termination by the Contractor Waiver of Consequential Damages 14.1, 15.1.6 14.2.4, 15.1.6 Termination by the Owner for Cause Waiver of Liens 5.4.1.1, 14.2,15.1.6 9.10.2, 9.10.4 Termination by the Owner for Convenience Waivers of Subrogation 14.4 6.1.1, 11.3.7 Termination of the Architect Warranty 4.1.3 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Termination of the Contractor Weather Delays 14.2.2 15.1.5.2 TERMINATION OR SUSPENSION OF THE Work, Definition of CONTRACT 1.1.3 14 Written Consent Tests and Inspections 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 3.1,3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 9.10.1, 10.3.2, 11.4.1, 12.2.1, 13.5 Written Interpretations TIME 4.2.11, 4.2.12 8 Written Notice Time, Delays and Extensions of 2.3, 2.4, 3.3.1, 3.9, 3.12,9, 3.12.10, 5.2.1, 8.2.2, 9.7, 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 9.10, 10.2.2, 10.3, 1 1.1.3, 12.2.2, 12.2.4, 13.3, 14, 10. 3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 15.4.1 Time Limits Written Orders 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.51, 14.3.1, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 15.1.2 AIA Document A201 TM — 2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. unauthorized 9 reproduction or distribution o this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxinnurn extent possible under the lamina. This document was produced by AIA software at 15:22AD on 03/05/2014 under Order No.7490543787 which expires on 0211 7/2015, and is not for resale. User Notes: (3B9ADA 1 F) ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding requirements. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub - subcontractor, (3) between the Owner and the Architect or the Architect's consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1,5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2, § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. Init. AIA Document A201 T — 2007. Copyright ©1911, 1915, 1!318,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.B. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribuflon of this AIA Document, or any portion of it, ntay result in ;severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the laws. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/17/2015, and is not for resale. User Notes: (3B9ADA1 F) § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well -known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1,5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2,2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. AIA Document A201 TM —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNIN : This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 � f reproduction or distrIbution of this AIA Document, or any portion of it, may result in severe clvll and crimMW persalUes„ and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 0211712015, and is not for resale. User Notes: (3B9ADA 1 F) § 2.2.3 The Owner shall furnish surveys describing physical characteristics , legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work, § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten -day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number, The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3,1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may AIA Document A201T —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARN Itt : 7 his A O Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extern possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/17/2015, and is not for resale. User Notes: (369ADA1 F) require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention, The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating a] I portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the j obsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner - required means, methods, techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions arc in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the AIA Document A201' —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ate Document is protected by U.S. Copyright Law and International Treaties. Unauthorized � 3 l reproduction or distribution of this AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 0211712015, and is not for resale. User Notes: (3I39ADA1 F) Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. AIA Document A201 TM —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1968, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. ARNM : This AIA`"' Document is protected by U# & Copyright Later and International Treaties. Unauthorized 14 f reproduction or distribution of this.Ale Document, or any p ortion of it, rxmay result in severe ci°v €I and criminal penalties, and will be prosecuted to the €naxinrunm extent possible render the law. This document was produced by AIA software at 15:22:40 on Dl0512014 under Order No.7490543787 which expires on 02/17/2015, and is not for resale. User Notes: (3139ADA1 F) § 3.9 SUPERINTENDENT § 3,9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3,10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub - subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3,12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. Init. AIA Document A201" —2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. Atl rights reserved. SPA NIN : Tide Ale Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 15 maudmurn extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02117/2015, and is not for resale. User Notes: (369ADA1 F) § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.$ By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12,8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. § 3.12,9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3,14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner AIA Document A201 m — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. ARtdlNO; This AIA" Document is protected by U.S. Copyright Law and international Treaties. Unauthorized 16 reproduction or distribution of this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will a prosecuted to the maximum extent possible cruder the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/1712015, and is not for resale. User Notes: (3139ADA1 F) and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 hi claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. AIA Document A201 T — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA document is protected by U.S. Copyright Law and international Treaties. t, nautharaxad 17 reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and mvill be prosecuted to the nsexirnunm extent possible under the law, This document was produced by AIA software at 15:22:40 on 03105/2014 under Order No.7490543787 which expires on 0211712015, and is not for resale. User Notes: (3B9ADA1 F) § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4, § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. AIA document A201 TO —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. ARNiNO. This AIA` Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 18 l reproduction or dishlbution of thls Abk Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 0 211 712 01 5, and is not for resale. User Notes: (3B9ADA1F) § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub- subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14 -day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and knit AIA Document A201 T" — 2007. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 1 ! reproduction or distribution of this AlA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the lawn. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02117/2015, and is not for resale. User Notes: (389ADA1 F) to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub - subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5,4,2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6,1,2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. AIA Document A201 T "' —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 20 reproduction or distribution of this AlA Document, or any portion of it, may resuit in severe civil and criminal penalties, and will be prosecuted to the rrraximum extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 0211712015, and is not for resale. User Notes: (3B9ADA1 F) § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 OWNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; Init. AJA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by M& Copyright Law and international Treaties. Unauthorized 21 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:22:40 on 0310512014 under Order No.7490543787 which expires on 0211712015, and is not for resale. User Notes: (389ADA1 F) ,2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 715 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. AIA Document A201' —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized 22 ! reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 0211712015, and is not for resale. User Notes: (3B9ADA1 F) § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. AIA Document A201 T —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 23 1 reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/1712015, and is not for resale. User Notes: (3139ADA1 F) § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9,4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment, ,4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; ,5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. AIA Document A201 TM — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. LVANNING. This Al e Document is protected by U.B. Copyright Law and International Treaties. Unauthorized 24 ! reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 0211712D15, and is not for resale. User Notes: (3B9ADA1 F) §9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub- subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. AIA Document A201 TM — 2007. Copyrig ht ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and Internatlorai Treaties, tlnauthorixesf 25 reproduction or distribution of this AIA Document, or any portion of it, may nasuit in severe civil and criminal penalties„ and wit[ be prosecuted to the maximum extent possible under the flaw. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/17/2015, and is not for resale. User Notes: (3B9ADA1 F) § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond AIA Document A201 T — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING. This A10 Document is protected by U.S, Copyright Law and Internatlonal Treaties. Unauthorized 26 reproduction or distribution of this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/17/2015, and is not for resale. User Notes: (3B9ADA1 F) satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or ,3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18, AIA Document A201 TM —2007. Copyright ©1911, 1915, 1916, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARN INGO This Ate Document is protected by U.S. Copyright Law and International Treaties„ Unauthorized 27 r reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the rnaximurn extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/0512014 under Order No.7490543787 which expires on 02/17/2015, and is not for resale. User Notes: (3139ADAIF) § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10,2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start -up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 1.0.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. AIA Document A201 TM —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNIM This AIA Document is protected by US, Copyright Law and International Treaties„ Unauthorized 28 reproduction or distribution of this AtA Document, or any portion Wit, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 15:22;40 on 03/0512014 under Order No.74905437B7 which expires on 02/17/2015, and is not for resale. User Notes: (3B9ADA1 F) § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 111.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .8 Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.1 S. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11,1,3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all- risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been AIA Document A201 � —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. VVARNING This AIA` Document is protected by U.S. Copyright Law and International Treaties, Unauthorized 29 ! reproduction or distribution of this AIA Document, or any paortlon of it, may result irc severe civil and once €nal penalties„ and will be prosecuted to the maximum extent possible under the lace. This document was produced by AIA software at 15:22:40 on 03/0512014 under Order No.7490543787 which expires on 02117!2015, and is not for resale. User Notes: (3B9ADA1 F) made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub- subcontractors in the Project. § 11,3.1.1 Property insurance shall be on an "all- risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11,3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order, § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. AIA Document A201 TM — 2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA.' Document is protected by U.S. Copyeight Law and International Treaties. Unauthorized �� reproduction or distribution of this A10 Document, or any portion of it, may result In severe chril and criminal penalties, and will be prosecuted to the maxim urn extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/1712015, and is not for resale. User Notes: (3139ADAI F) § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article b, if any, and any of their subcontractors, sub - subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article b, if any, and the subcontractors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub - subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor, If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. AFA document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Al e Document is protected by U.S. Copyright Law and International Treaties. unauthorized 31 f reproduction or distribution of this Ale Document, or away portion f ` €t, may result in severe c'ia ll and c:r€mMal penalties, and will be prosecuted to the maxiniurn extent possible under the law, This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7496543787 which expires on 02/17/2015, and is not for resale. User Notes; (3B9ADA1 F) § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one -year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one -year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one -year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one -year period for correction of Work as described in Section 12,2,2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section I3.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. AIA Document A201 —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING.- This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 32 1 reproduction or distributlon of this AIA' Document, or any portion of it, may result in severe clans and criminal penalties, and will be prosecuted to the rnaxirnu€n extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/1712015, and is not for resale. User Notes: (3B9ADA1 F) § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. 4 ARINHNC: This AIA" Document is protected by U.S. Copyright Later and Internatlonal Treaties. Unauthorized 33 reproduction or distribution of this Ale" Document, or any portion of it, may result in severe civil and criminal penalties, and widl be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:22:40 on 03105/2014 under Order No.7490543787 which expires on 0211712015, and is not for resale. User Notes: (3B9ADA 1 F) years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.11 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; ,2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, AIA Document A201 n ' — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIO Document is protected by U.S. Copyright law and International Treaties, Unauthorized 34 f reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02117/2015, and is not for resale. User Notes: (369ADA1F) such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14,4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A CIaim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. in the case of a continuing delay, only one Claim is necessary. AIA Document A201 —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WABNIN : This At e Document is protected by U.B. copyright Law and International Treacles, Unauthorized 35 reproduction or distribution of this Ale Document, or any porticon of it, may result in severe civil and criminal penaltles, and will be prosecuted to the maximum ummm extent possible under the law, This document was produced by AIA software at 15:22:40 on 03/0512014 under Order No.7490543787 which expires on 02/1712015, and is not for resale. User Notes: (3B9ADA1 F) § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maher may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data wi11 be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution, § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. AIA Document A201 TM —2007. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. wARKINOI This Me Document is protected by U.S. Copyright Law and Ent rnational Treaties. Unauthorized 36 reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and wM be prosecuted to the maximum extent possible under the lave. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/17/2015, and is not for resale. User Notes: (3B9ADA1 Fl § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4,2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AIA Document A201 — 2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 20D7 by The American Init. Institute of Architects. All rights reserved. WARNIM This AIA' Document is protected by U.S. Copyright Lain and International Treaties. Unauthorized 37 reproduction or distribution of this AIA Document, crony portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/1712015, and is not for resale. User Notes: (389ADA 1 F) AIA document A201T —2007. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This MA Document is protected by U.S. Copyright Law and International 'I'maties. Unauthorized 38 ( reproduction or distribution of this A €0 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02/17/2015, and is not for resale. User Notes: (3139ADA1 F) Additions and Deletions Report for AIA Document A201" — 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:22:40 on 0310512014. PAGE Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach. FL 33435 Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 Kimley -Horn & Associates, Inc. 1690 South Congress Avenue, Ste 100 Delray Beach, FL 33445 Additions and Deletions Report for AIA Document A201 r" —2007. Copyright Q 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING. This A10 Document is protected by U.B. Copyright Lave and � international Treaties. Unauthorized reproduction or distribution of this AIA" Docunwnt, or any portion of it, may result in severe civil and criminal penaltles, and will be prosecuted to the maximum extent possible tinder the law, This document was produced by AIA software at 15:22:40 on 03/05/2014 under Order No.7490543787 which expires on 02117/2015, and is not for resale. User Notes: (3B9ADA1 F) Certification of oc t' Authe AIAO Document D401Tm - 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:22:40 on 03/05/2014 under Order No. 7490543787 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201TM - 2007, General Conditions of the Contract for Construction, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) lej (D aled) AIA Document ®407 T" — 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: 'This AlA'r Document is protected by U.S. Copyright Law and International 'treaties. Unauthorized reproduction or distribution of this AIA ` Document, or any portion of it, � may result In severe civil and creni M penalties, and will be prosecuted to the maxiinum extent possible under the law. This document was produced by AIA software at 15:22:40 on 0310512014 under Order No.7490543787 which expires on 02117/2015, and is not for resale. User Notes: (3B9ADA1 F) NOTICE TO PROCEED DATE: TO: Rosso Site Development, Inc. ADDRESS: 111 Vassar Drive Lake Worth, FL 33460 PARKING LOT PROJECT — NE 1 8T AVENUE & NE 1ST STREET & SIDEWALK CONNECTOR LOCATED AT 208 NE 1ST STREET, BOYNTON BEACH, FL BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY You are hereby notified that the Contract time under the above reference contract will come to run on ,2014 By that date you are to start performing your obligations under the Contract Documents. In accordance with the Agreement, Substantial Completion is to be achieved in 180 calendar days excluding Sunday's and government Holidays and Final Completion is to be achieved 30 days following the substantial completion date. The dates of Substantial Completion and Final Completion are ,2014 and 2014 respectively. Boynton Beach Community Redevelopment Agency Signed: (insert name and title) Notice to proceed accepted this day of 2014. By: Blair Simpson, Vice President- Finance Corporate Secretary /Treasurer Rosso Site Development, Inc. EXHIBIT A 9.1.5 The Drawings: C1.00 Cover Sheet Sept 2013 C1.01 General Notes Sept 2013 9162A & 9162B Boundary & Topographic Survey Sept 2013 C2.00 Erosion and Sedimention Control Plan Sept 2013 C3.00 Demolition Plan Sept 2013 C4.00 Site Plan Sept 2013 C5.00 Paving, Grading and Drainage Plan Sept 2013 C5.01 Cross Sections Sept 2013 C6.00 Paving Grading and Drainage Details Sept 2013 L0.00 Tree Deposition Plan Sept 2013 L1.00 Landscape Plan Sept 2013 L1.10 Lanscapt Details Sept 2013 LL I I Landscape Notes Sept 2013 L3.10 Signage Details Sept 2013 L2.00 Irrigation Plan Oct 2013 L2.10 Irrigation Details Oct 2013 L2.11 Irrigation Details Sept 2013 L2.12 Irrigation Details Oct 2013 E -01 Lighting Plan Key Sheet April 2013 E -02 General Notes April 2013 E -03 Pole Details and Legend April 2013 E -04 Lighting Plan April 2013 E -05 Photometric Plan April 2013 E -06 Service Point Details April 2013 9.1.7 Subsurface Soil Exploration and Geotechnical Engineering Evaluation - Proposed Connector Driveway /Sidewalk from NE 1 st Avenue to East Ocean Avenue - Proposed Parking Lost Northeast Corner of NE 1 St Avenue and NE 1" Street EXHIBIT PUBLIC RECORDS. The CRA is public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. Specifically, the contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this agreement/contract shall constitute a Default and Breach of this Agreement. If Contractor fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement. (1x BOYNTON 5, , )A BEACH i(t CRA BOA" MEETING OF: March 1, 2014 Consent Agenda I X I Old Business I I New Business Legal Information Only SUBJECT: Update on the Ocean Breeze West Project SUMMARY: The Ocean Breeze West project was conceived in May of 2007 when the CRA purchased the 9 acre Boynton Terrace site after the structures were destroyed by back to back hurricanes in 2006. Boynton Terrace was a multi - family Section 8 property that was identified in the Heart of Boynton Community Redevelopment Plan as a redevelopment priority. Consistent with the Heart of Boynton Community Redevelopment Plan the CRA platted the west site of the property into 21 single- family lots. In August Of 2010, using $400,000 from the City's allocation of $2.9M Neighborhood Stabilization Funds, the CRA was able to accomplish the site development (underground utilities and the road) for the project. In April of 2011, the CRA issued a Request for Proposal for the development of the 21 homes. A partnership between Habitat for Humanity of South Palm Beach and the Faith Based Community Development Corporation (CDC) was the only respondent to the RFP. Habitat was to build 11 of the homes and the CDC was to build 11 of the homes. As of today, all homes are under construction. All of the Habitat homes have buyers. The CDC has completed their homes and has two homes that still need buyers. The common area and the entry monument sign remains to be completed. FISCAL IMPACT: Each home will pay approximately $2,300 in property taxes when they are completed and on the tax rolls for a total of $48,300 annually. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan. RECOMMENDATIONSIOPTIONS: Information Only. Vivian Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompieted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board MeetingslMarch 201410cean Breeze West Update.doc `s I a :1 i w I t � - ro� I k d �Aw I 1 s K R I - � I I I t , 4 t , 4 f1, s f �I x �Y t i� s `) '} t - . , , �ss x a , i li Ali 5 1. f � I, uj v Ii € Y P. i Y{ 11 ! 1 h !� o xi � c . uj tt F o s \ !! t t� V, s4 �4A t �'`h t � ! M q r t 1r t t l wj 11 W IP'll 3r \ "'AutI T w , co �. t s}} s r r {! S r R OCEAN BREEZE WEST a� — &E1NG A REPLAT OF A PORTION OF BLOCK C, GRAAD CIRCLE V' AAA STAAFORO DRIVE EAST, ALL BE IN BOYNTON HUS, ACCORDVNC TO THE PLA F THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 5], (P.B.CP.R.), BEING IN SECTION 21, 7'ONN - 45 SOUTH, RANGE 42 EAST CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA ALGUST 2000 S1,ECT 2 OF 2 Hw srspWrr Ao k� G�� p rRICI- \ gggryaa \ mm� Z svmaF -- �� I ! �sr a It �'� � l XA svmwfs. ,rut ➢)J(' i 'tl,vNf'� �. �3� s auco uer �`� �v+mn. 91.J4'caomoi q gj g. g u�� -------------------------- Habitat for Humanity' is k„ 4s'vl s {l Raise the Roof Ceremony Desir/Jean Family March r!07'r Home Sponsored r�is y' Wells Fargo Bank, s N We M ike Campbell, Execu D ir ector Invocat Pastor Os tagne Cal Alleg Pledge of Recogn M ike Campbell Fam Remarks From the Yasm it 1 Moleon Jean Bened iction st Cal � BOY R F 4 Him ��, CRA BOARD MEETING OF: March 12, 2014 Consideration of Performance Audit and DIFA Payment Release to PRH Boynton Beach, LLC for the Property known as Casa Costa, formerly The Promenade SUMMARY: The CRA entered into a Direct Incentive Funding Agreement ( "Agreement ") with Boynton Waterways Investment Associates on April 25, 2005 for the property known as The Promenade (Attachment 1 - original agreement and three subsequent amendments attached). The property was purchased by PRH Boynton Beach, LLC and the Certificate of Title is dated December 13, 2012. Three payments have been made under the Agreement: (1) $128,359 on August 1, 2011, (2) $409,237 on April 23, 2012, and (3) $399,345 on March 25, 2013. On February 26, 2014, the CRA received the required Performance Audit (Attachment 2) as required in Section 5.4 of the Agreement, from PRH Boynton, LLC. The Performance Audit is in compliance with the Agreement. Section 6.3 "Disbursement of Funds" states payment will be released "...after the CRA's acceptance of the annual audit provided for in Section 5.4...." The payment due of $411,581 (Attachment 3) is budgeted in FY 2013 -2014 and is the fourth payment of a total of ten consecutive payments (Section 6.1 of the Agreement). FISCALIMPACT $411,581.00— Project Fund, Line Item: 02 -58400 -443 CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan RECOMMENDATIONS/OPTIONS Accept the Performance Audit and approve the DIFA payment of $411,581.00 to PRH Boynton Beach, LLC. — Z � avian Brooks Executive Director ATTACHMENT I DIRECT INCENTIVE FUNDING AGREEMENT AND AMENDMENTS DIRECT INCENTIVE FUNDING AGREEMENT This is an agreement (hereinafter "Agreement ") entered into as of the day of -� , 2005, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as "CRA'), with a business address of 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435. And BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., a Florida limited liability company, (hereinafter referred to as the "Developer" or `Boynton Waterways'), with a business address of 155 South Miami Avenue, Penthouse 2A, Miami, Florida 33310, and/or assigns, provided such are affiliates of the Developer. RE C I TALS: WHEREAS, as part of its strategy to "encourage large -scale projects, which define new markets, quality, innovation and character in the CRA area!' the CRA has adopted a Direct Incentive Program dated March 22, 2004 (revised) (hereinafter the "Direct Incentive Program'); and WHEREAS, Developer submitted an application to the CRA for Direct Incentive funding for that certain project proposed at the northeast corner of Federal Highway and Boynton Beach Boulevard within the CRA boundaries to be known as Promenade (hereinafter the "Project'); and WHEREAS, at the October 12, 2004 meeting of the CRA Board, the CRA Board of Directors (hereinafter "CRA Board) approved said application with a project score of 98 points (making the Project eligible for 98% of the maximum incentive permissible under the Direct Incentive Program), subject to approval of a mutually acceptable contract (i.e., this Agreement); and WHEREAS, this Agreement is not intended to be a "Development Agreemenf' within the meaning of Florida Statutes, Section 163.322I; and WHEREAS, at its NVWy _ I7_L2oo6 meeting, the CRA Board approved this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Rec itals. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. Section 2. Re—fM As used in this Agreement, the following terms shall have the following meanings: "Affiliate" means a company or corporation that the Developer, or members of Developer, maintains any ownership interest in. "Affordable Access — Residential" means the residential sales provided for in the Application and committed to by the Developer to qualify for the affordable access incentive of the CRA's Direct Incentive Program. "Affordable Access — Commercial" means the commercial leases provided for in the Application and committed to by the Developer to quality for the affordable access incentive of the CRA's Direct Incentive Program. "Agreement" means this Direct Inventive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time. "Application" means the Direct Incentive Program Application submitted by Boynton Waterways dated June 24, 2004, which is attached as Exhibit "A ", the information, representations, and commitments of which as contained therein are adopted and incorporated within and as part of this Agreement. "City" means the City of Boynton Beach, Florida "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the application by the Developer to the City for the permit required for the commencement of vertical construction or the commencement of such vertical construction pursuant to and m accordance with such permit. "Developer" means Boynton Waterways Investment Associates, LLC. and any assignee or transferee of Boynton Waterways that is permitted under this Agreement, from and after the date of such permitted assignment or transfer. "Pledged Project Increment Revenues" means 49% of the Project Increment Revenues received by the CRA. "Project" means the Promenade Project as described above in the second "Whereas" clause, and as further described in the Application defined above and in the site plan defined below. " Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project, using $119,816.00 as the 2004 base year amount in calculating such increment revenues, so that increment revenues for the Project are equal to all amounts over the base year amount. "Property" means the real property described on Exhibit "B ", attached hereto. 2 "Public Areas" means all areas that have unrestricted public access for the life of the Project, as shown on the Delineation of Public Areas attached as Exhibit "C ", attached hereto , but shall not include public utilities which shall be dedicated to the public. "Public Parking means the free on -site parking consisting of 111 parking spaces, including Parking for the disabled required for the Project under applicable state and federal law, as committed and set forth in the Application. "Redevelopment Area" means those areas within the limits of the City which have been declared blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part Ill. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Site Plan" means the site plan for the Project approved by the City of Boynton Beach City Commission by motion and vote on July 20, 2004, a copy of which is attached hereto as Exhibit 44 "Substantial Completion" or "Substantially Complete" means the completion of 90% of the Project's residential condominium units and 90% of the square footage of the Project's commercial space, as evidenced by issuance of a certificate of occupancy for such residential condominium units and commercial space. "Tax Collector" means the duly elected tax collector for Patin Beach County, Florida "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement (hereinafter "Effective Date'). 9_ ti� 4 Develo er's Obli ations — Construction. Developer agrees to construct the Project as described in the Application and the Site Plan and to maintain the Public Parking and other Public Areas as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; Provided, however, that the Developer shall not have the right to substantially reduce the number of residential units, the amount of commercial square footage, the size of the Public Areas, the number of Public Parking Spaces or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification. 41 Commencement of Construction. Developer shall apply for a building permit with the City no later than twelve (12) months from the date of original approval of the Site Plan by the City Commission, i.e., no later than twelve (12) months from July 20, 3 2044. The Developer shall have the right to extend the Commencement Date by up to twelve (12) months on a showing by the Developer to the CRA that the Developer has diligently pursued either applying for a building permit, or construction start, that any delay is beyond the control of the Developer and that the Developer continues to hold a valid and current building permit for the project issued by the City. Developer's rights to receive the benefits of this Agreement are further subject to the following provisions: 4.1.1 Should the Site Plan or building permit expire at any time , this Agreement shall terminate and be of no further force and effect. 4.1.2 Should the Developer obtain a Site Plan modification approval from the City, whether from the City Commission or administratively, the Developer must nonetheless obtain the approval of the CRA Board for any such modification in order for this Agreement to remain in effect. Whether to grant any such modification shall be entirely within the discretion of the CRA Board which may consider factors which go beyond the land development issues and requirements considered by the City in its approval process. j.22 Non - Discrimination. The Developer agrees that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation be excluded from the benefits of, or be subjected to discrimination under, any activity carried on by the Developer, its contractors, sub- contractors, or agents, in the performance of this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer that it claims there has been a breach of this condition and thereafter, Developer shall have 15 business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the rules of the American Arbitration Association will govern. The arbitration will be governed by the rules of the American Arbitration Association regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If Developer does not demand arbitration within 15 business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non - prevailing party. Such non - prevailing party shall be determined by the arbitrator. 4.3 Convicted Vendor List. As provided in F.S. 287.132 -133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it and its affiliates, contractors, sub - contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty -six (36) months immediately preceding the Effective Date. Section 5. Aff rdable Access Re uirements. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer and its successors or assigns, shall implement 4 and maintain an affordable access component to the Project as provided for in the CRA's Direct Incentive Program and as set forth in Section 2G of the Developer's Direct Incentive Program Application. Implementation and maintenance of the Affordable Access Program shall be as follows: .1 • AfLordable &cess -- ReKidential. 5.1 1- Based on the total Project residential condominium count of 318 condominium units as set forth in the Application, Developer agrees to set aside a minimum of sixteen (16) units designated as Affordable Access — Residential condominium units, each with a maximum purchase price of $266,866.00. Should an amendment to the Site Plan be approved which modifies the number of residential condominium units to be developed in the Project, the number of Affordable Access — Residential condominium units will be revised accordingly based on the criteria and requirements set forth in the Direct Incentive Program. &1.2. The Affordable Access — Residential condominium units shall be held for sale to individuals or families with household income ranging from a "Low Income of Eighty (80 1 /o) Percent Median Income to One Hundred Twenty (120 %) Per Cent Median Income" for Palm Beach County, Florida, as defined by the United States Department of Housing and Urban Development (HUD) for the year 2004. Unit pricing for the Affordable Access — Residential units shall be priced so that buyers are able to qualify for the unit purchases based on qualifying income percentage for home ownership being defined as thirty-two (32 %) percent of gross monthly income. Affordable access - residential condominium units shall be held for affordable purchase for one hundred eighty (180) days after such units are released and advertised for eligibility. 5.2.3. Qualified buyers of Affordable Access - Residential condominium units must certify that their intent is to utilize the unit as their primary full time residence Pursuant to the Affordable Access - Residential requirement. The Affordable Access - Residential requirement shall be recorded in a deed restriction to be in effect for 10 years from the date of closing of title to each unit. 5.1.4 Qualified purchasers of units pursuant to the Affordable Access - Residential requirement must agree to retain ownership of the unit as their primary full time residence for a minimum, of ten (10) years or, upon the sale of any such unit Prior to the expiration of ten (10) years, must pay any profit above the original purchase price minus a three (3 %) percent annual inflation factor back to the CRA. All buyers within the 10 -year period must qualify to purchase affordable units as required in section 5.1.2 herein. The Affordable Access - Residential requirement shall be recorded in a deed restriction to be in effect for 10 years from the date of closing of title to each unit. 5.1.5 The re -sale limitations and requirements set forth in 5.1.4 above shall be included in the deeds of sale, or other mutually acceptable documents, to be 5 executed by the Developer as seller (or its successors or assigns) and the purchaser at the time of closing on the initial sale of the Affordable Access — Residential units, shall constitute a covenant running with the unit, and shall be recorded in the public Records of Palm Beach County, Florida. •2. _ rd ble Ace s .- Commercial As a pre - condition to receiving funding under the Direct Incentive Program, Developer agrees to implement and maintain an Affordable Access — Commercial element pursuant to the policies set forth in the Direct Incentive Program and in Section 2G of the Developers Direct Incentive Program Application. Should the Developer modify its Site Plan to alter the commercial square footage in the Project from that which has been approved, the retail space offered to local tenants as set forth in the Direct Incentive Program Application will be modified accordingly pursuant to the provisions of the Direct Incentive Program. Any other modification to the terms or provisions of the Affordable Access — Commercial requirements set forth in this Agreement shall require the consent of the CRA and shall, in any event, meet the criteria set forth in the Direct Incentive Program. 5.3. Non-Discrimination. The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in the purchase of any Affordable Access — Residential units or the lease of any Affordable Access - Commercial spaces provided for in this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer that it claims there has been a breach of this condition and thereafter, Developer shall have 15 business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If Developer does not demand arbitration within IS business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non- prevailing party. Such non - prevailing party shall be determined by the arbitrator. LA. Performance Audit. Prior to receiving any annual allotment of incentive grant funds, Developer shall provide written audited verification, at its sole cost and expense, satisfactory to the CRA in its sole discretion, of compliance in all material respects by the Developer with all agreed upon Affordable Access performance standards set forth in this Agreement. 5.4.1. This performance audit shall be conducted by an independent Certified Public Accountant (CPA), selected and paid for by the Developer with the reasonable approval of the CRA. 6 5 r ,.4 2. With respect to the Affordable Access — Residential component of the Program, the CPA must examine the qualifying income data for every purchaser identified as a qualifying purchaser pursuant to the Affordable Access - Residential requirements and must certify, in writing, the eligibility of all such qualifying Purchasers under the Program. The written opinion must include verification of the number of condominium units which are owned by qualified purchasers. 5.4.3 With respect to the Affordable Access — Commercial element of the Direct Incentive Program, the CPA must certify, in a written opinion, the amount of commercially leased square footage that qualifies pursuant to the Affordable Access — Commercial requirements of this Agreement. 1.4.4 The examinations and opinions required under this Section must be conducted in accordance with generally accepted accounting standards established by the American Institute of Certified Public Accountants. 5.4.5 The audits required pursuant to this Section maybe performed in conjunction with other auditing services. 1._4.6. Each annual performance audit must be submitted to the CRA no later than the last day of February for the preceding year. The CRA shall accept the audit or, should it make the determination that there are deficiencies with the audit and/or 'documentation for the audit, shall so notify the Developer in writing. 5.4.7 Disbursement of Direct Incentive Program Funds may only occur upon the CRA's acceptance of a properly documented and supported audit. 5_5. Inspection Upon ten (10) business days prior written notice and at any time during normal business hours and as often as the CRA deems necessary, there shall be made available by the Developer to the CRA for examination, alI of its records with respect to all matters covered by this Section. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding performance measures at any time for any period covered by this Section of the Agreement, all at the CRA's cost and expense. 5_6. Non - Compliance. In any year in which the performance audit discloses that Developer is in non - compliance in any material respect with the Affordable Access requirements of this section, the Developer may be deemed in default and the CRA will be entitled to the remedies set forth in Section 8 below; provided, however, that at the option of the CRA the Direct Incentive Funding the Developer would otherwise be entitled to for the year in question may be reduced as follows: 5.6.1 The funds the Developer would otherwise be entitled to may be reduced by an amount corresponding to the percentage of non - compliance with the Affordable Access - Residential requirements of this Agreement plus the percentage of 7 non - compliance with the Affordable Access - Commercial requirements of this Agreement. Exceeding the agreed upon requirements of either of the Affordable Access components in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set -off against any reduction in funds due to failure to meet the other Affordable Access requirements hereunder. Section ban 6. Direct Incentive Funding. . The direct incentive funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the Developer's cost of constructing the public area and all other public improvements and/or programs within the Project. 6.1. Direct Incentive Funding Formula and Term The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten (10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the Affordable Access Requirements of this Agreement. 6.2. Commencement, and Conditions of Eundinff The ten (10) year term for the receipt of incentive funding shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; B. The completed improvements of the Project have been placed on the Tax Roll; C. The CRA has determined that the Project complies with the commitments set forth in the Application (Exhibit 'W), as those commitments may have been subsequently amended with the consent of the CRA, and that the Project otherwise complies with all of the terms and provisions of this Agreement; and D. The CRA has received Project Increment Revenues from such improvements. 6.3. Disbursement of Funds Except as otherwise provided herein, The Pledged Project Increment Revenues shall be unconditionally disbursed to the Developer by April 1 of the year following the corresponding ad valorem tax year or within thirty (30) days after the CRA's acceptance of the annual audit provided for in Section 5.4 above, whichever date is later. S 6_4. No Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6.5. Subordination. Any Pledged Project Increment Revenue of the CRA pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6, 2004, as amended and supplemented. Section 7 . Associations Upon completion of the improvements of the Project and prior to the issuance of final certificates of occupancy by the City, the Developer shall create one or more property and/or condominium associations to provide for the ongoing management of the Project and the maintenance of the common elements and the Public Areas. The Declaration or Declarations of Covenants for such association(s) shall be approved by the CRA, which approval shall not be unreasonably withheld or delayed or conditioned. Such documents, which shall be recorded, shall contain restrictive covenants regarding the Public Parking and other Public Areas, which shall include, at least, the following terms: 2-_1 - Public Parking Restrictive Covenants. The restrictive covenants governing Public Parking shall include the following: 7.1.1 There shall exist 111 "first come -first served" free parking spaces open to the general public as shown on the Site Plan for the commercial component of the Project. At such time as Developer has finalized its plans for the parking facilities, the Developer shall provide the CPA with a drawing showing the location of the Public Parking spaces, which drawing shall be attached to and incorporated into this Agreement as Exhibit "D ". 7.1.2 Signage for parking shall meet the requirements of the City Code and shall be located prominently on the exterior and interior of the parking facility to identify the Public Parking. L.Q The Public Parking shall be free to the public during the term of this Agreement, and after term the Developer shall have the right to charge such fees as will allow the Developer to recover all its direct operating expenses for the parking spaces, as well as reasonable amounts for a reserve for replacement and/or capital repairs and for depreciation. L.M The Developer shall have the right to control public access or otherwise secure the garage between the hours of 12:30 a.m. and 6 :30 a.m. daily and shall have the right to adopt reasonable rules and regulations for the operation and security of the garage. 7.1.5 The Public Parking restrictive covenants shall be included within the Property Owners Association Declaration of Covenants and shall remain in effect for 9 the life of the Property Owners Association notwithstanding any foreclosure of the project by any lender owning a mortgage encumbering the Property. 7.1.6 The Public Parking restrictive covenant shall be recorded in the Public Records of Palm Beach County, Florida and shall be superior to all after- imposed liens and encumbrances, including, without limitation, any mortgages on the Property, except any liens and/or encumbrances that are given priority as a matter of law, and shall be recorded in the public Records of Palm Beach County, Florida. 7.1.7 In the event that prior to commencing funding by the CRA under this Agreement, this Agreement is terminated for any reason, this restrictive covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken place. CRA agrees to execute such documents or instruments as may be reasonably necessary or desirable to effect such termination of record. 7 -2. Other Public Area Restrictive Covenants. The restrictive covenants governing the other Public Areas shall contain the following: 7.2.1 The pedestrian walkways, performance square, park improvements and plazas (the "Public Amenities ") as shown on Exhibits "C" and "D" shall be accessible to the general public as provided herein. 7.2.2 The Developer shall have the right to control public access or otherwise secure the Public Areas between the hours of 12:30 a.m. and 6:30 a.m. daily, and shall have the right to adopt reasonable rules and regulations for the operation and security of such areas. 7.2.3 The Public Areas restrictive covenant shall be included within the Property Owner's Association Declaration of Covenants and shall remain in effect for the life of the Property Owner's Association but in no event for less than the30 -year term of the Project notwithstanding any foreclosure of the project by any lender owning a mortgage encumbering the Property. 7.2.4 The Public Areas restrictive covenant shall be recorded in the Public Records of Palm Beach County, Florida and shall be superior to all after-imposed liens and encumbrances, including, without limitation, any mortgages on the property, except any liens and/or encumbrances that are given priority as a matter of law, and shall be recorded in the Public Records of Palm Beach County, Florida. 7.2.5 In the event that prior to commencing funding by the CRA under this Agreement, this Agreement is terminated for any reason, then this restrictive covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken 10 place. CRA agrees to execute such documents or instruments as may be reasonably necessary or desirable to effect such termination of record. Section 8 . Events of Default, Remedies and Termination. 8_1. De� faults Upon the occurrence of any one or more of the following events, all obligations of the CRA to disburse further funds under this Agreement shall terminate at the option of the CRA. Notwithstanding the preceding sentence, CRA may at its option continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment. The CRA may at its option terminate this Agreement and any and all funding under this Agreement upon occurrence of any one or more of the following: t v .. . Any representation by the Developer in or in connection with this Agreement or the Direct Incentive Program Application is inaccurate or incomplete or false in any material respect. 8,, 1.2. The vacating, abandoning, or closing of the Developer's business. 8.1.3 The failure of the Developer to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect to be observed or performed by the Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to the Developer provided, however, that if the nature of Developer's default is such that more than thirty (30) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 30-day period and thereafter diligently pursues such cure to completion. 8.1.4 The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 8.1.5 The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against the Developer, the same is dismissed within sixty (60) days; 8.1.6 Appointment of a trustee or receiver to take possession of substantially all of Developer's assets, where possession is not restored to Developer within sixty (60) days; or 8� The attachment, execution or other judicial seizure of substantially all of Developer's assets where such seizure is not discharged within thirty (30) days. 8.2. Remedies Upon the occurrence of any one or more of the foregoing events, CRA may, at its option, give notice in writing to the Developer to cure its failure of 11 performance if such failure may be cured. Upon the failure of Developer to cure, CRA may exercise any one or more of the following remedies: 8.2.1. Terminate this Agreement upon not less than fifteen (15) days notice, by certified letter to the Developer at the address specified in Section 9.4 of this Agreement, such notice to take effect when delivered to the Developer. 8.2.2 Commence a legal action for the judicial enforcement of this Agreement and for any and all damages occasioned by the Developer's breach of this Agreement including, but not limited to, repayment of funds disbursed to the Developer as a result of fraud or material misrepresentation. 1..3 Withhold the disbursement of any payment or any portion of a payment. law. Take any other remedial actions that may otherwise be available under 8.3. Attorney's Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, from the non - prevailing party. $_4. Law and Remedy This Agreement shall be governed by the laws of the State of Florida Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall he in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder, shall preclude any other or further exercise thereof. 8_5. Strict Performance No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance (or with CRA's knowledge of the occurrence] of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the. parties hereto and 12 their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. 1._6. Remedies Under Bankrullte and Insolvent Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. 8„7. Termination. The obligations of Developer and CRA shall terminate upon the earlier of (i) expiration of the Project Increment Revenues payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods; or (ii) failure by the Developer to commence construction of the Project on or before Construction Commencement date set forth in Section 4 above, unless extended as provided therein. Section 9. General Conditions 9--1. CRA's Maintenance of Records and Annual Account FQndin . Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement. Such records shall clearly document for the benefit of the CRA and the Developer, the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement. L. Successors and Assigns The CRA and Developer each binds itself and its successors, executors, administrators and assigns to the other party and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion this Agreement may be assigned by the Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of time CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developeris in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. 13 Notwithstanding anything to the contrary contained in this Section 9.2. (a) Prior to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withheld, delayed or conditioned. Such assignment shall relieve the Developer of its obligations and/or duties as set forth herein only if the assignee shall assume such duties and/or obligations; (b) After the issuance of the Certificate of Occupancy, Developer may assign this Agreement without the consent of but with at least 10 days written notice to CRA. Such assignment shall relieve Developer of its obligations and/or duties as set forth herein only if the assignee shall assume such duties and/or obligations; (c) At any time during the term hereof, Developer or its assignee may pledge the expected proceeds pursuant to this Agreement to an institutional lender as collateral for a loan or other obligation without the consent of, but with at least 10 days written notice to, the CRA, so long as such ' pledge does not interfere with or affect the CRA's rights under this Agreement. In the alternative, Developer or its assignee may pledge the expected proceeds pursuant to this Agreement to a non - institutional lender as collateral for a loan or other obligation subject to the consent of the CRA, such consent not to be unreasonably withheld. In either event, such pledge to an institutional or non - institutional lender shall be subject to the conditions that it (1) shall not relieve Developer or its assignee (if this Agreement has in fact been assigned) of its obligations hereunder; (2) shall not interfere with or affect the CRA's right under this Agreement; and (3) shall be subject to ail terms and conditions of this Agreement. 9.3. No Brokers CRA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. .44 Indemnification and Hold Harmless The Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character (sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or WHIM misconduct of the CRA. The Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida. This paragraph shall survive the termination of the Agreement. 14 9.5. No c s and other Communications. Whenever it is provided herein that notice, demand, request, consent, — approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a "Notice ") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: 15 If to Developer: Boynton Waterways Investment Associates, LLC c/o Panther Real Estate Partners 155 South Miami Avenue, Penthouse 2A Miami, Florida 33130 Attention: Jeff' Krinsky With Copies to: Marc Seltzer, Esquire 155 South Miami Avenue Penthouse 2A Miami, Florida 33130 If to CRA: Boynton Beach Community Redevelopment Agency 693 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 9.5.1 Any Notice maybe given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 9.5.2 Every Notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. 9 Time is of the essence The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 99.7. Entire Agreement The CRA and Developer 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 hereto. 9_8. Exhibits Each Exhibit referred to in this Agreement forms an essential Part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 16 9 Severabilill. 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. 910. Priorfty of Interpretation. in the event of any conflict between the terms and conditions of this Agreement and the Direct Incentive Program, the terms and conditions of this Agreement shall prevail. 9.12. Headings . Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 9.12 Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 9.13 Binding Authority Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the patty for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 9.14 Recording This Agreement may be recorded m the Public Records of Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., a Florida limited liability company By: Its Managing Member, Panther Boynton, LLC, a Florida limited liability company By: Its Manger (With s) �n7rx..o (Witness) Dani irlm 17 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CVO J� B �✓ � t C� � � a ��T _ ,= Name {With s�� f , (Witness) STATE OF FLORIDA SS.. COUNTY OF MIAMI DADE BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared I hnr_i 5, -has as Manager of PANTHER BOYNTON, LLC Managing Member of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC_, and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., for the use and purposes mentioned herein and that the instrument is the act an f BOYNTON WATERWAYS INVESTMENTS ASSOCIATES, LLC. He /she 4LPersonally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this 6 day of # , 2005. r My Commission Expires: Notary Public, State of rida at Large 0tary Y I State of Florida SAY C,". miss& bores Jun 0. 2M Cv, -ter, rs-on * DD 992403 3y'ip'iaral A+atasryAssn. 18 STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appearedjo -1, It as 0 ha t t' of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act an d deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she i "ersonally known o me or has produced identification. as IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this Z.5 day of L_, 2005. My Commission Expires: 11 ) X06 , Notary Public, State of Florida at Large [AClient DocumentslBoynton Beach CRAl2419-0061DOCLTi\4ENTS1Fina1 Direct Incentive Funding Agreement 4- 1.05.dm - •t,� sum„ vWa r EOM AqW 1,1007 19 SECOND , NDMENT TO DIRECT FUNDING THIS SECOND AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT (hereinafter "Second Amendment ") is entered into as of this z 1 day April, 200$ by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes (hereinafter "CRA ") with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435; and BOYNTON WATERWAYS INVESTEMENT ASSOCIATES, LLC, a Florida limited liability company (hereinafter referred to as the "Developer ") or "Boynton Waterways ", with a business address of 155 South Miami Avenue, Penthouse 2A, Miami, Florida 33310. RECITALS WHEREAS, CRA and Developer entered into that certain Direct Incentive Funding Agreement, with an effective date of April 25, 2005, as modified by that certain First Amendment to Direct Incentive Funding Agreement dated January 9th, 2007 (collectively, the "Agreement') concerning direct incentive funding for the project known as the Promenade; and WHEREAS, CRA and Developer desire to modify certain terms of the Agreement on the terms set forth herein. NOW THEREFORE, for and in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section L Recitals The foregoing recitals are true and correct at the time of the execution of this Second Amendment and are incorporated herein. Section 2. Pledged Pr•ofeet Increment Revenue. Effective May 1, 2008, the Pledged Project Increment Revenue, as defined in the Agreement, due to the Developer in the first year of the ten (10) year term as set forth in Section 6 of the Agreement shall be reduced by an amount equal to the difference between the amount of rent paid by Boynton Waterways pursuant to that certain lease agreement between CRA (as "Landlord ") and Boynton Waterways (as "Tenant ") dated '_ 1, 2008 (the "Sales Trailer Lease ") subtracted from the actual amount of: (i) real estate taxes on the leased property; plus (ii) the insurance premiums paid by the CRA on the leased property from the Effective Date of the Sales Trailer Lease, that is April 1, 200$ until the Sales Trailer Lease is terminated. CRA shall file a reduction in the assessed value of the leased property and/or adjustment to the real estate tax valuation for the leased property for calendar year 2009 and for each year thereafter until the Sales Trailer Lease is terminated. CRA shall purchase only so much insurance as is commercially reasonable under the circumstances, giving due consideration to any insurance purchased by Tenant. No part of any general or umbrella policy of CRA shall be allocated to the leased property. Insurance shall be for areas of coverage that are commercially reasonable under the circumstances. The Landlord acknowledges that Landlord shall not insure the improvement of the sales trailer itself, this being the responsibility of the Tenant to obtain such coverage as Tenant believes is reasonable. Section 3 . Ratification of Agreement. The Agreement is hereby ratified by CRA and Developer, and except as amended herein, shall continue in full force and effect in accordance with its original provisions. This Amendment is part of the Agreement; provided however that in the event that there are any inconsistencies between the terms and provisions of this Amendment and the remaining portions of the Agreement, the terms and provisions of this Amendment shall govern, control and prevail. Section 4. Entire Agreement. The Agreement as amended by this Second Amendment embodies the complete agreement between the parties with respect to the subject matter hereof. This Second Amendment may not be amended, supplemented or modified in whole in part except by an instrument in writing signed by the parties. Section 5. No Default. CRA acknowledges and agrees that there are no defaults or breaches of the Agreement on the part of Developer and that as of the date hereof, no circumstances or state of facts exist which for any reason would give CRA the right to pursue any claims or any other recourse or remedy against Developer provided under the Agreement either at law or equity. As of the date hereof, CRA agrees, acknowledges and understands that Developer has performed: all of its obligations under the Agreement, including but not limited to compliance with Section 4.1 as to application for building permits. Section 6. Amendment Paramount. In the event that any conflict between the terms of the Second Amendment and the terms of the Agreement exist, the terms of the Second Amendment shall control. Except as amended and modified herein, the remaining terms and provisions of the Agreement shall remain in full force and effect and are affirmed as originally set forth therein. IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of the date first written above. BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC, a Florida limited liability company C , C By. PANTHER BOYNTON, LLC, a Witness: - V) - °r? `� Fl id 'mited liability company, as Print name: 'C V. I `' - se I }'I mm ber 7 Witness rrrt® Da lin, ember It 14 Print name: Date; BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY W itne Print name: By: �� 2 - Chi erson Witness: -� : le( .,'µ . i 4. Date: 2 ' �� Print name: STATE OF FLORIDA ,l _ SS: COUNTY OF CH : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared i e I" as of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC, and acknowledged under oath that he /she has executed the foregoing Agreement as the proper official of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of BQYNTWATERWAYS IN ASSOCIATES, LLC. Hef rs personally known to lne or has produced — as Ide n. `.� �. —' IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on thi day of ®, 2008. , sad" Notany State of Florida at Large My commission expires: JERK' Q MILLS N otR p of F Commit" # DD 542M • w + � Apr i9, t0 ed y Na el N ry STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized b law o administer oaths and take cknowledgements, personally appeared as of BOYNTON BEACH COMMUNITY FP—DEVELOPMENT AGENCY, and acknowledged under oath that lie/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH REDEVELOPMENT AGENCY He /she is personally known t o me or has pro cc as fi rdentrfi atfo IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2008. Notary Public, State of Florida at Large My commission expires: SUSAN E. HARRIS 8 + ter ® ® Notary Public • State of Florida • Explr 17, 2011 ' -•;� ®` C lssion all 725926 8 hN N01"Assn. CPU 201102922a7 O BK 24676 PG 0094 CV, R RCCURDED 06/0512011 15:29.-29 gym: Palm Reach County, Ftorida Sharon R. Sock,CLERt: & COMPTROLLER P48 0094 - 97; (4pqg) THIRD AMENDMENT DIRECT INCENTIVE FUNDING AGREEMENT BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter "CRA") and BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC (hereinafter "DEVELOPER"), enter into this Third Amendment of their Direct Incentive Agreement ("DIFA") as follows; WHEREAS, on April 25, 2005, the CRA and Developer entered into a DIFA (twice amendment) which provides for the payment of project incentive revenues by the CRA to the DEVELOPER; and WHEREAS, the Direct Incentive Funding Agreement (hereinafter ("DIFA") required DEVELOPER to provide, by recorded restrict covenants, public parking and public access; and WHEREAS, the DIFA Agreement and public parking and public access of the CRA contemplated the continuous operation of the property as a condominium for term of the DIFA Agreement, and WHEREAS, the required restrictive covenants were contained the Declaration of the Promenade Condominium recorded on April 24, 2010 commencing at Page 1695, Book 23 811 of the public records of Palm Beach County, Florida; and WHEREAS, the parties intend by this Amendment to provide for termination of the DIFA and the payment obligations of the CRA in the event of the termination or conversion of the Promenade Condominium.. Page I of 4 NOW THEREFORF, the parties agree as follows: 1. The WHEREAS clause are true and correct. 2. Section 8.7 of the DTFA is amended to read as follows; 8,7 Termination The obligations of DEVELOPER and the CRA shall terminate upon the earlier of (i) expiration of the project increment revenue payments to DEVELOPER as provided in Section 6 above as a result of the expiration of the agreed upon payment period; or (ii) failure by the DEVELOPER to commence construction of the project on or before Construction Commencement date set forth in Section 4 above, unless extended as provided therein; or iai at the o tion of the CRA following the termination of the Promenade Condominium. A copy of this Amendment of the Direct Incentive Funding Agreement shall be recorded in the Public Records of Palm Beach County, Florida. PAGES SIGNATURES ON FOLLOWING Page 2 of 4 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY B D 2 0 2 Print Name: { � Title: l itnesses: ° a STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH } I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County ores ' o take acknowledgements, the foregoing instrument ;A acknowledged before me by v'' I'1 'f` ` l b' , , freely and voluntarily. yho is personalt known to or who has produced identification. I ESS my hand and official seal in the County and State last aforesaid this day of 2011. NOTARY PUBLIC e or Print Name Commission No. � My i i x Tres: x" POW of fieft C o , ' Jan 11. 14 Edpyoug National lWary ASIR. Page 3 of 4 BOYNTON WATERWAYS INVESTMENT ASSOC. LLC By: NEW BOYNTON PROMENADE LIMITED LIABILITY COMPANY, A MEMBER By: NEW BOSTON PROMENADE LIMITED LIABILITY COMPANY, ITS SOLE MEMBER By: NEW BOSTON FUND TV, INC., ITS SOLE GENERAL PARTNER By: { PRY ELAM, my Authorized Witnesses: STATE OF FLORIDA ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County foresaid to take acknowledgements, the foregoin instrument was acknowledged before me by Is tom} s , freely and voluntarily. o is personally known to me or who has produceh identification. 'ESS my hand and official seal in the County and State last aforesaid this day of 2011. NOTARY PUBLIC a SHERRY ULERIE- BAGSHAW k0f8ry Public - State of Florida y Commission Expires Play f, 2011 2 )� 4or acne F ' Commission # DD 784988 No. My Commission Expires: I H:1200N70473 BBCRA1Third Addendum to Direct incentive Funding Agreement.doc Page 4 of 4 ATTACHMENT 2 PERFORMANCE AUDIT PRH BOYNTON BEACH, LL C 315 South Biscayne Boulevard Miami, FL 33131 February 26, 2014 Vivian L. Brooks Executive Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Hand Delivered Re: Performance Audit for the year ending December 31, 2€11.3 Dear Ms. Brooks: Enclosed is the Performance Audit for the year ending December 31, 2013 as required by section 5.6 of the Direct Incentive Funding Agreement dated April 25, 2005, as amended (the "Agreement " ). Pursuant to section 6.3 of the Agreement, the Pledged Project Increment Revenues shall be disbursed to PRH Boynton Beach, LLC by the latter of April 1, 2011 or 30 days after the Boynton Beach Community Redevelopment Agency's acceptance of the Performance Audit, Regards, Arden M. Karson Vice President Enclosure Acknowled anent of Receip of the erf anance Audits W�J By: Vivian L. Brooks, Exc�`utive Director Date: February 2', 2fl 14 PRH BOYNTON BEACH, LLC INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES Gertified Public Accountants Business Advisors To the Members PRH Boynton Beach, LLC Miami, Florida 33131 We have performed the procedures enumerated below, which were agreed to by the management of PRH Boynton Beach, LLC solely to assist you in the submission of your performance audit to the Boynton Beach Community Redevelopment Agency ( "CRA ") pursuant to the Direct Incentive Funding Agreement dated April 25, 2005. This agreed upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. We performed the following procedures in order to determine that you are offering 10% of the retail space (1,930 square feet) of your property (total retail square foot 19,300), Casa Costa, formerly known as The Promenade, at 400 N. Federal Highway, Boynton Beach, FL, at one -half (1 /2) of the average rental rate of non - program space. As per correspondence dated February 9, 2011 provided to us from the CRA, this rate was determined to be no higher than $12.50 per square foot based upon an analysis of comparable retail rentals in October 2010 and you have confirmed that you have no requirement to update this analysis for purposes of the Direct Incentive Funding Agreement. o We verified that Merin Hunter Codman, Inc., License number B02019746 is a licensed real estate broker in the State of Florida by verifying the license on www.myfloridalicense.com (see Exhibit A): We reviewed the leasing report from CoStancom provided to us by Merin Hunter Codman, Inc. and noted that the listing reflects 2,395 square footage available at the base rental rate of $12.50 per square foot (Suite CU -4) (see Exhibit B). a We inquired if there were any leases executed in 2013 and was advised that there was only one lease executed in 2013. This lease effective on September 23, 2013, was entered into with The Flying Seahorse Cafe, LLC for approximately 2,605 square feet at a base rental rate of $8.00 per square foot. o We received outside verification from Merin Hunter Codman, Inc. (see Exhibit C) that confirms: o Merin Hunter Cadman, Inc. is a Florida licensed real estate broker that has been retained as the exclusive broker for Casa Costa effective January 1, 2013. o A minimum of 10% of the total 19,300 commercial square footage is being offered at the base rental rate of $12.50 per square foot which is one -half of the average market rental rate. Based upon the above procedures performed and our findings, we hereby find that Casa Costa, formerly known as he Promenade, is offering retail space of a minimum of 1,930 square at one -half (1 /2) of the average rental rate of non - program space which has been determined to be no higher than $12.50 per square foot. We were not engaged to and did not conduct an examination, the objective of which would be the expression an opinion on the financial statements of PRH Boynton Beach, LLC, Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. C&O Boca Raton, Florida February 20, 2014 123 IVV 13th Street, Suite 213 Boca Raton FL, 33432 Tel (561) 367 -2960 Fax (561) 367 -2985 Boca Ratan I Long Island I Miami I New York City I N. Palm Beach 'vvvmfirozo". earn DBPR - MERIN HUNTER CODMAN INC, Real Estate Branch Office Page 1 of 1 Exhibit A 2:59:28 PM 211212014 Licensee Details Licensee Information Name: MERIN HUNTER CODMAN INC (primary Name) (DBA Name) Main Address: 1601 FORUM PLACE 200 WEST PALM BCH Florida 33401 County: PALM BEACH License Mailing: LicenseLocation: 951 YAMATO ROAD SUITE 102 BOCA RATON FL 33431 County: PALM BEACH License Information License Type: Real Estate Branch Office Rank: RE Branch Off ic License Number: 802019746 Status: Current,Active Licensure Date: 08/03/2007 Expires: 09/3012014 Special Qualifications Qualification Effective View Related License Information View License_ Complaint 1940 North Monroe street, Tallah7gsCg FL 32399 :: Email: Customer Contagt Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA /EEO employer. Cogyright ZOOZ -2010 State of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released In response to a public- records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mall, It you have any questions, please contact 850,487.1395. *Pursuant to Section 455.275(1 ), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address If they have one. The emads provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Qilpte 4U page to determine If you are affected by this change. httnc // wunumvflnrirlalirancPrnrnlT _irancP.T)etnil acn9 .C1T)= Rrid= 2QITD655F9AT)5PP ?AF7 7 /17 /7flld Exhibit B Page 1 of 2 1 300-474 N Fede ............. I i�• t i 4 €• G (1 f �1 l ur I I v moo• ��, Location: Casa Costa Building Type: Class B Office Boynton /Lantana Cluster Boynton/LantanaSubmarket Status: Built Apr 2009 Palm Beach County Stories: 14 Boynton Beach, FL 33435 RBA: 19,321 SF Typical Floor: 19,300 SF Landlord Rep: NAilMerin Hunter Codman, Inc. Total Avail: 19,321 SF Developer: Coastal Construction Company % Leased: 0% Management: - Recorded Owner: Boynton Waterways lnvstAssocs For Sale: This property has 9 condos that are for sale. The size of the for sale condos range from 660 SF to 3,895 SF, Expenses: 2013 Combined Tax/Ops @ $8.491sf, 20 Est Ops @ $3.241sf Parcel Number: 36 -43-44- 21-75 -096 -0010 Amenities: Bus Line, Restaurant P 1st! Suite CU -1 3,475 3,475 3,475 Yes $15.o01nnn Vacant 5 -10 yrs New NAUMenn Hunter Codman, Inc./ Spencer Gmssman (561) 394 - 5200 /Matthew McAllister (561) 394 -5200 P 1 st /Suite CU -2 2,253 2,263 2,263 Yes $15.007nnn Vacant 5 -20 yrs New NA!/Merin Hunter Codman, Inc. /Spencer Grossman (561) 394 - 5200 /Matthew McAllister (561) 394-5200 P 1 st I Suite CU -3 660 660 660 Yes $15.00Innn Vacant 5 -20 yrs New 9 5200 P 1st! Suite CU-4 2,395 5,000 5,000 Yes $12.507nnn Vacant 5-20 yrs New NAI /Merin Hunter Codman Inc. /S encerGrossman 561 394-5200 /MatthewMcAltister 561 394 -5200 P 1 st /Suite CU -5 2,605 5,000 5,000 Yes $15.001nnn Vacant 5 -20 yrs Direct NAI/Menn Hunter Codman, Inc. / Spencer Grossman (561) 394 -5200 /Matthew McAllister (561) 394 -5200 2nd generation spaces include: hood system, grease trap walk -in 000ler/freezer, wash sinks and built out bathrooms. N � Merrn Hunter This copyrighted report contains research licensed to NAUMerin Hunter Codman, Ina .468233. 2112!2014 Gutman, Inc, Page 'P Exhibit B Page 2 of 2 300-474 N Federal Hwy - Casa Costa(( Of E, r 1 P 1st /Suite CU -6 1,200 -3,695 5,000 5,000 Yes $15.001nna Vacant 5 -20 yrs New NAI /Merin HunterCodman. Inc. /5pencer Grossman (561) 394 - 5200 /Matthew MoAllister(561) 394 -5200 _ P 1st 1 Suite CU -7 1,105 5,000 5,000 Yes $15.00 /nnn Vacant 5 -20 yrs Direct NAMMerin HunterCodman, Inc. /Spencer Grossman (561) 394 - 5200 /Matthew McAfllster(561) 394 -5200 2nd generation spaces include: heod system ,grease trap walk -in caoler/lreeze__r_wash sinks and built out bathrooms. P 1st I Suite CU -8 660 660 660 Yea �$15.001nno Vacant 5 -20 yrs New NAYMedn Hunter Codman, Inc. / Spencer Grossman (5511 394 -5200 /Matthew McAllister (561) 394 -5200 P 1 s /Suite CU -9 2,263 2,263 2,263 Yes $15.00 /nnn Vacant 5 -20 yrs P New NAVMerin Hunter Codman, Inc. lSAencerGrossman (56f) 394 - 5200 1Matthew McAllister(561) 394 -5200 Property Description: Mixed use project consisting of 119,300 SF of retail /office space and +400 condo units. Great second generation restaurant space available. ±1,000 rnndn units within a 114 mile radius. One plus mile from 1 -95. Walking distance to marinas, waterfront shops and restaurants. 2013 operating expenses are estimated at $8.50 psf. Location Description: Superb visibility on Federal Hwy. Located on the hard corner of Federal Hwy and Boynton Beach Blvd in the heart of Downtown Boynton Beach. Merin Hunter This copyrighted report contains research licensed to NAI1Merin Hunter Codman, Inc, - 466233. 2112/2014 Codman.Inc' Page 2 3 Exhibit C PRH Boynton Beach, I,LC 315 South Biscayne Boulevard A4lanri, FL 33131 Janunry 14, 2014 Merin Hunter Codman, Inc. 1601 Forum Place, Suite 240 !Vest Pnlm Beach, FL 33401 Our acceuniants, Fuoco Group, LLC, 123 IV}V 13 Street, Suite 213, Boca Rnton, Florida are conducting all agree upon procedures engagement for us regarding the Affordable Access - Commercial element of the Direct d incentive Agreement with the Boynton Beach Conununity Redevelopmei Agency, Ple ase furnish directly e to them the information requested below regarding your marketing and leasing program of the commercial space a1 our property, The Promenade in Boynton Beach, Florida. Pleaso confirm to them the following information: • You are the exclusive contracted listing broker of ttte property effeclive January 1 , 2013 !}!rough the dale of this letter. Please provide n copy of your current contract. Cc,nt~ t.n�v, a You are n Flo ida licensed real estate broker and ated in any manner with PRH Boynton Beach, LLC. Y are not affili ep • Merin Hunter Codman, Ine.'s license number is Ll cf ] `16 • you ate instructed to lease a miniruum of 1,920 square feet of the co }}mere iaf space at the rate of X12,50 per square foot which is one -half of the avernge market rental rate, � S In addition: • Please provide a schedule of the pertinent inforntatian for nll executed leases from January 1, 2013 to date — Date, tenant name, space nu,nber, term of Iemse, space sqr are footage and the per square foot rate. If there are none, please indicate this In the space below. • Please describe your marketing program of the property including how the Affordable Access Commercial Space Is being publlcized. Please include any print literature Ihnt you might have and provide any web site infonnation promoting the property, Please attach n scparato page if you need more space. 1!�lfee.4r'•�E .�.1 L�b�S i3 (,t � '�ri�(c —r�� -� � �� -, u Plense email your response directly to Donna Seidenber ai d-wWe tber• later than Febmary 15, 2014. g I irxn,com as soon as possible, but no Very truly yours, Ar !Carson , Vice President P H Boynton .13cach, LLC ATTACHMENT 3 INCENTIVE CALCULATION WORKSHEET CASA COSTA (FORMERLY KNOWN AS THE PROMENADE) I INCENTIVE CALCULAT WORKSHEET A s of: September 30, 2013 - Updated for Final Millage by City & County FY 1 - 1 `slue of the I�ro ect prior to edeVelo rrlent ®2 value 119,816 re ate lfalue of all pro ernes �rithin r0 eo oun a Property Appraiser Value of the r0 °ect a er e evelo men - 2 1 ssessed Value 72,042,325 Data as of 711113 re ate Value of all properties within rojec Boun ro'ect Inure ent 71 9 23, TIF Revenue ® 5% of Pr Increment XC City hAilla e +County 'Ila e Ap proved by City City Milla. e ate 7 9117113 — C ity TIF Contribution 95% of ro`ect Increment X City Milla e 539,7 Approved by County Millage Rate 0.0047815 County 9123113 County Contribution ® 5 °!® of Pro °eot Inure ent County ills e 326,705 TIF eVenue create y ro ect 66,437 wa rd Fac or 47 % Incent r to v I r 411 4 Y 4 of 10 Incentive Award = TIF Revenue created by Prqje x Award Factor Total Rema wi th *Millage Rates are set annually by the City and County T:IDEVELOPMENTICasa Costa fka PromenadelD MDIFA Compliance 2014 - Year 41Promenade TiF Calculations - Year 4 'BOYNTO BEAC I'll' BOARD CRA TN : March 12, 2014 1 Consent Agenda J I Old Business I X I New Business Legal Executive Director's Report SUBJECT: Consideration of Purchase Agreement between Ziad Bazyan and Albert Millines and the CRA for the Properties located at 231 NE 9th Avenue and Lots 7 & 8 MLK Blvd. SUMMARY: Ziad Bazyan and Albert Millines are the owners of 231 NE 9 1h Avenue and Lots 7 & 8 on Martin Luther King, Jr. Blvd. These three lots are of interest to the CRA due to their location in proximity to properties already owned by the CRA and their importance to assemblage for fixture multi- family development. See attached map for property locations. The Heart of Boynton Community Redevelopment Plan identifies extensive vacant lots as a major impediment to redevelopment. The plan also identified infill development as a major action to be undertaken to improve the community. Vacant lots add to neighborhood blight by acting as illegal di L'-M ning locations. As can be observed, vacant lots are often not properly maintained and are overgrown. The redevelopment of vacant lots strengthens the neighborhood fabric. Under the HOB Plan, these lots are proposed for multi- family redevelopment. An appraisal on the properties was obtained on February 5, 2014 and is attached. Based on the appraisal and discussions with the owners of the properties, the CRA has made an offer of $57,000 for all three parcels. See attached Purchase Agreement. FISCAL IMPACT: $57,000 Budget Line Item #02 -58200 -401 CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS/OPTIONS: Approve the Purchase Agreement with Ziad Bazyan and 1 xlbert Millines for the properties located at 231 NE 9th Avenue and Lots 7 & 8 MLK Blvd. in the amount of $57,000. Vivian rooks Executive Director 4 r � Zi° � 71 i r . fo N� Fz F'W - i1 _ S�`••,�t y � J - r �Y �i i S j '"� � i j�� + y I 1 � {� '{ 1 � ' ! (s(_ i t S 9 � e ?jS jy5 r� Integra Realty Resources MiaalP7lii /Pa',4 �,,Ie ach Appraisal of Real Property Northeast 9th and 10th Avenue Residential Land Property Boynton Beach, Palm Beach County, Florida 33424 Prepared For: Boynton Beach CRA Effective Date of the Appraisal: February 5, 2014 Report Format: Appraisal Report —Standard Format IRR - Miami /Palm Beach File Number: 169 -2014 -0043 Al .......... .......... ........ .... "�" k1h s � + - 1+ 77 i W, } e, , rC ify�11 g s . I sr s s. ��? f V il �4 Northeast 9th and 10th Avenue Northeast 9th & 10th Avenue Boynton Beach, Florida Integra Realty Resources The Douglas Centre T 305.670.0001 S c =` "- 2600 Douglas Road, Suite 801 F 305.670.2276 Coral Gables, FL 33134 www.lrr.com �1 February 7, 2014 Theresa Utterback Administrative Services Manager Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 SUBJECT: Market Value Appraisal Northeast 9th and 10th Avenue Boynton Beach, Palm Beach County, Florida 33424 1RR - Miami /Palm Beach File No. 169 - 2014 -0043 Dear Ms. Utterback: Integra Realty Resources — Miami /Palm Beach is pleased to submit the accompanying appraisal of the referenced properties. The purpose of the appraisal is to develop an opinion of the market value as is of the fee simple interest in the properties. The client for the assignment is the Boynton Beach CRA, and the intended use is for property acquisition purposes. The appraisal is intended to conform with the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute and applicable state appraisal regulations. To report the assignment results, we use the Appraisal Report option of Standards Rule 2- 2(a) of the 2014 -2015 edition of USPAP. As USPAP gives appraisers the flexibility to vary the level of information in an Appraisal Report depending on the intended use and intended users of the appraisal, we adhere to the Integra Realty Resources internal standards for an Appraisal Report — Standard Format. This type of report has a moderate level of detail. It summarizes the information analyzed, the appraisal methods employed, and the reasoning that supports the analyses, opinions, and conclusions. It meets or exceeds the former Summary Appraisal Report requirements that were contained in the 2012 -2013 edition of USPAP. Theresa Utterback Boynton Beach CRA February 7, 2014 Page 2 The subject is two contiguous lots totaling 15,498 square feet of land area and a non- contiguous 950 square foot single - family home on a 7,518 square foot lot. The single- family improvements were constructed in 1955 and are in poor condition. The improvements do no contribute any economic value to the property. Based on the valuation analysis in the accompanying report, and subject to the definitions, assumptions, and limiting conditions expressed in the report, our opinion of value is as follows: Value Conclusions Property ID Concluded MaketValue 08- 43- 45- 21- 18- 000 -1650 $15,000 08- 43- 45- 21 -04- 000 -0070 $15,000 08- 43- 45- 21 -04- 000 - 0080 $15,000 Total Via Summation $45,000 Extraordinary Assumptions and Hypothetical Conditions The value conclusions are subject to the following extraordinary assumptions that may affect the assignment results. An extraordinary assumption is uncertain information accepted as fact. Ifthe assumption is found to be fa Ise as of the effective date of the appraisal, we reserve the right to modify our value conclusions. N/A- None. The value conclusions are based on the following hypothetical conditions that may affect the assignment results. A hypothetical condition is a condition contra ry to known fact on the effective date of the appraisal but is supposed for the purpose of analysis. N /A- None. If you have any questions or comments, please contact the undersigned. Thank you for the opportunity to be of service. Respectfully submitted, Integra Realty Resources - Miami /Palm Beach ,a ® 7 r Harry C. Newstreet, MAI State Certified General Real Estate Appraiser Florida Certificate # RZ 2278 Director - Broward Telephone: 772 -463 -4131 Ext. 211 Email: hnewstreet @irr.com ®rr Table of Contents Summary of Salient Facts and Conclusions 1 Valuation 24 General information 2 Valuation Methodology 24 Identification of Subject 2 Land Valuation 25 Current Ownership and Sales History 2 Analysis and Adjustment of Sales 29 Purpose of the Appraisal 2 Land Value Conclusion 32 Definition of Market Value 2 Reconciliation and Conclusion of Value 33 Definition of As Is Market Value 3 Exposure and Marketing Times 33 Definition of Property Rights Appraised 3 Certification 34 Intended Use and User 3 Assumptions and Limiting Conditions 36 Applicable Requirements 3 Report Format 4 Addenda Prior Services 4 A. Appraiser Qualifications Scope of Work 4 B. Comparison of Report Formats Economic Analysis 6 C. Property Information Palm Beach County Area Analysis 6 D. Comparable Data Surrounding Area Analysis 11 E. Engagement Letter Property Analysis 14 Land Description and Analysis 14 Improvements Description and Analysis 17 Real Estate Taxes 21 Highest and Best Use 22 Northeast 9th and 14th Avenue ®rr Summary of Salient Facts and Conclusions Summary of Salient Facts and Conclusions Property Name Northeast 9th and 10th Avenue Address Northeast 9th & 10th Avenue Boynton Beach, Palm Beach County, Florida 33424 Property Type Residential Land - Single Family Home Owner of Record Ziad Bayzan and Albert Millines Tax ID 08-43-45-2 1-18-000-1650,08-43-45-21-04-000-0070, and 08-43-45-21-04-000-0080 Land Area 0.53 acres; 23,017 SF Gross Building Area 950 SF Year Built 1955 Zoning Designation R -2, Residential Highest and Best Use - As if Vacant Residential use Highestand Best Use -As Improved Redevelopment Exposure Time; Marketing Period 6 to 9 months; 6 to 9 months Effective Date of the Appraisal February 5, 2014 Date of the Report February 7, 2014 Property I nterest App ra is ed Fee Simpie Value Conclusions Pro er ID Concluded Ma ketVaIue 08- 43- 45 -21 -18 -000 -1650 $15,000 08- 43- 45- 21 -04- 000 -0070 $15,000 08- 43- 45- 21 -04- 000 -0080 $15,000 Total Via Summation $45,000 Extraordinary Assumptions and Hypothetical Conditions The value conclusions are subject to the following extraordinary assumptions that may affect the assignment results. An extraordinary assumption is uncertain information accepted as fact. If the assumption is found to be fa Ise as of the effective date of the appraisal, we reserve the right to modify our value conci usi ons. N/A- None. The value conclusions are based on the following hypothetical conditions that may affect the assignment results, A hypothetical condition is a condition contrary to known fact on the effective date of the appraisal but is supposed for the purpose of analysis. N /A- None. Northeast 9th and 10th Avenue ®rr General Information 2 General Information Identification of Subject The subject is two contiguous lots totaling 15,498 square feet of land area and a non - contiguous 950 square foot single - family home on a 7,518 square foot lot. The single - family improvements were constructed in 1955 and are in poor condition. The improvements do no contribute any economic value to the property. A legal description of the property is in the addenda. Property Identification Property Name Northeast 9th and 10th Avenue Address Northeast 9th & 10th Avenue Boynton Beach, Florida 33424 Tax ID 08-43-45-2 1 - 18-000-1650,08-43-45-21-04-000-0070, and 08-43-45-21-04-000 - 0080 Legal Description In addenda Census Tract Number 61 Current Ownership and Sales History The ownership and sales history is shown in the following table. Ownership and Sales History Parcel ID Current Owner Sale Date Sales Price Seller 08- 43- 45- 21 -18- 000 -1650 Ziad Bazyan and Albert Millines 1/2/2014 $10,000 Pamela H. Patterson 08- 43- 45- 21.04- 000 -0070 Ziad Bazyan and Albert Mill ines 1/2/2014 $3,000 Pamela H. Patterson 08- 43- 45 -21 -04 -000 -0080 Ziad Bazyan and Albert M! Hines 1/2/2014 $3,000 Pamela H. Patterson These are non -arm's length transfers that were not exposed to the open market. According to the owner, the properties were given in exchange for other monies owed by the grantor. To the best of our knowledge, no other sale or transfer of ownership has occurred within the past three years, and as of the effective date of this appraisal, the property is not subject to an agreement of sale or option to buy, nor is it listed for sale. Purpose of the Appraisal The purpose of the appraisal is to develop an opinion of the market value as is of the fee simple interest in the property as of the effective date of the appraisal, February 5, 2014. The date of the report is February 7, 2014. The appraisal is valid only as of the stated effective date or dates. Definition of Market Value Market value is defined as: Northeast 9th and 10th Avenue LIr General Information 3 "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 is the consummation of a safe as of a specified date and the passing of title from seller to buyer under conditions whereby: • Buyer and seller are typically motivated; • Both parties are well informed or well advised, and acting in what they consider their own best interests; • A reasonable time is allowed for exposure in the open market; • Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and • 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." (Source: Code of Federal Regulations, Title 12, Chapter 1, Part 34.42[g]; also Interagency Appraisal and Evaluation Guidelines, Federal Register, 75 FR 77449, December 10, 2010, page 77472) Definition of As Is Market Value As is market value is defined as, "The estimate of the market value of real property in its current physical condition, use, and zoning as of the appraisal's effective date." (Source: The Dictionary of Real Estate Appraisal, Fifth Edition, Appraisal Institute, Chicago, Illinois, 2010; also Interagency Appraisal and Evaluation Guidelines, Federal Register, 75 FR 77449, December 10, 2010, page 77471) Definition of Property Rights Appraised Fee simple estate is defined as, "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." (Source: The Dictionary of Real Estate Appraisal, Fifth Edition, Appraisal Institute, Chicago, Illinois, 2010) Intended Use and User The intended use of the appraisal is for property acquisition purposes. The client and intended user is Boynton Beach CRA. The appraisal is not intended for any other use or user. No party or parties other than Boynton Beach CRA may use or rely on the information, opinions, and conclusions contained in this report. Applicable Requirements This appraisal is intended to conform to the requirements of the following: Northeast 9th and 10th Avenue ®rr General information 4 Uniform Standards of Professional Appraisal Practice (USPAP); Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute; Applicable state appraisal regulations; Report Format This report is prepared under the Appraisal Report option of Standards Rule 2 -2(a) of the 2014 -2015 edition of USPAP. As USPAP gives appraisers the flexibility to vary the level of information in an Appraisal Report depending on the intended use and intended users of the appraisal, we adhere to the Integra Realty Resources internal standards for an Appraisal Report — Standard Format. This type of report has a moderate level of detail. It summarizes the information analyzed, the appraisal methods employed, and the reasoning that supports the analyses, opinions, and conclusions. It meets or exceeds the former Summary Appraisal Report requirements that were contained in the 2012 -2013 edition of USPAP. For additional information, please refer to Addendum B — Comparison of Report Formats. Prior Services USPAP requires appraisers to disclose to the client any other services they have provided in connection with the subject property in the prior three years, including valuation, consulting, property management, brokerage, or any other services. We have not performed any 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. Scope of Work To determine the appropriate scope of work for the assignment, we considered the intended use of the appraisal, the needs of the user, the complexity of the property, and other pertinent factors. Our concluded scope of work is described below. Valuation Methodology Appraisers usually consider the use of three approaches to value when developing a market value opinion for real property. These are the cost approach, sales comparison approach, and income capitalization approach. Use of the approaches in this assignment is summarized as follows: Approaches to Value Approach App I icabi I ity to Subject Use in Assignment Cost Approach Not Appl icable Not Utilized Sales Comparison Approach Applicable Utilized Income Capitalization Approach Not App IIcable Not UtiIized The sales comparison approach is the most reliable valuation method for the subject due to the following: Northeast 9th and 10th Avenue ir. General Information 5 • There is an active market for properties similar to the subject, and sufficient sales data is available for analysis. • This approach directly considers the prices of alternative properties having similar utility. • This approach is typically most relevant for owner -user properties. The income approach is not applicable to the subject because: • This approach does not reflect the primary analysis undertaken by a typical owner - user. • This approach is not applicable because the highest and best use of the property is for redevelopment. The cost approach is not applicable to the subject considering the following: • The age of the property makes estimates of accrued depreciation very subjective. • This approach is not typically used by market participants, except for new properties. Research and Analysis The type and extent of our research and analysis is detailed in individual sections of the report. This includes the steps we took to verify comparable sales, which are disclosed in the comparable sale profile sheets in the addenda to the report. Although we make an effort to confirm the arms - length nature of each sale with a party to the transaction, it is sometimes necessary to rely on secondary verification from sources deemed reliable. Inspection Harry C. Newstreet, MAI, conducted an interior and exterior inspection of the property on February 5, 2014. Northeast 9th and 10th Avenue ®rr Palm Beach County Area Analysis 6 Economic Analysis Palm Beach County Area Analysis Palm Beach County is located in southeastern Florida approximately 70 miles north of Miami. It is 1,970 square miles in size and has a population density of 687 persons per square mile. Palm Beach County is part of the Miami -Fort Lauderdale- Pompano Beach, FL Metropolitan Statistical Area, hereinafter called the Miami VISA, as defined by the U.S. Office of Management and Budget. Area Map &ckhmN Peiit�Ey� Part --awro an�hl:ne 'r , R T� N .a C aF Letr:t fd:..;l 1^- "' , a lrarWOSan r l ^ L,mmvatrt ��o " PnGn E.-h Uwe 1�%IN 9W.Rw � �a4mr r p ; aiePwr o. 403er"" i p a r a � i . - � ✓b ragn o W.at PNm 6rwh 7i1 RF91h Adr 51uE1 oLr P L L M D mYraEan Oexh, R�711v t rrYprnys ceewadh H t N J H h' f L 4 fl �' D A PA%VI R. I hrrMpp I}., ..bmehar asra { rk«n l.�tsncrcr v! L: jrVW eeaeA� ® *n Rr - s , <,n Cwd �'°` - i�wa� ° ecrrlrsid Bceeh Gatxst Creek hmrQldca YtGy'I`.,ltr 7irrr q, �,� i�Pwlµruaeasall R9negemeart [qea ° '7"a "Ca �. ----�� f1:LYbrM Pair t3;Q l;ceii�a�ke +aj7 � P�rLdlaar I. i ° fW LaMferdale C V L L I t BlVikr•�•a r Coage rCMY I I �,°'E� r�..ar.„vr.ta Ncluw P+mkrokoPfnue i. Pr�tave y � 4it El _. ; r t�►>�gl' rlWlvadrlo Baeab ➢.c8e Wear M A H i D ?. eE o C "Cky M7au1 jibrhWon Population Palm Beach County has an estimated 2013 population of 1,353,652, which represents an average annual 0.8% increase over the 2010 census of 1,320,134. Palm Beach County added an average of 11,173 residents per year over the 2010 -2013 period, but its annual growth rate lagged the State of Florida rate of 1.0 %. Northeast 9th and 10th Avenue ®r Palm Beach County Area Analysis 7 Population Trends JE ----. Census 2013 Est 2018 Est 2010 - 2013 2013 - 2018 Ci ty of Boynton Bea ch �9_,0865 72,963 0.6% 01% Pal rn Beach County, rL 1,320,134 1,353,652 1,414,824 0.8% 0.9% Florida 18,801,310 19,356,053 20,322,385 1_0% 1_0% Looking forward, Palm Beach County's population is projected to increase at a 0.9% annual rate from ZO Palm Beach County's growth rate is expected to lag that of Florida, which is projected to be 1.0%. Employment Trends in employment are a key indicator of economic health and strongly correlate with real estate demand. Total employment in Palm Beach County is currently estimated at 498,667 jobs. Between year-end 2002 and the present, employment declined by 23,717 jobs, equivalent to a 4.5% loss over the entire period. There were declines in employment in five out of the past ten years, influenced in part by two national economic downturns during this time. Recently no clear trend has emerged, either positive or negative, but there was a net loss of jobs over the 2011-2012 period. Although many areas suffered drops in employment over the last decade, Palm Beach County underperformed Florida, which experienced a decline in employment of 0.8% or 56,495 jobs over this period. Employment data is shown in the table that follows. Employment Trends Total: Employment Mar End) 7-17, Beach Palm Beach 2002 522,384 7,364,382 6.1% 57% 2010 500,197 -01% 7,260,875 0-75A IL4% 113% overaxchw"arzoau'2o1z '2a -45% �6,495 ~m.o% Avg onemp. Rate zmoa'am1u 7.0% V% Unemployment Rate -August 2013 7.7% zz% -Total emplo data is as of5eptamber 2012� unemplo rate data refle the avera of 12 monttvi of 2012, $*p"w Bureau of Lau"'^w"st/m and s,"=rri°xom.crri*myroa"t fi are *urA tileo"°**o Census *rE=pl"vm°°, and Wages (OCom), Unemplo rates we from the Current Population surve (crs|,memgure are "otsevwna/*adjusted. � Unemployment rate trends are another way of gauging an area's economic health. over the past decade, the Palm Beach County unemployment rate has been consistently higher than that of Florida, / | Northeast 9th and loth Avenue �� Palm Beach County Area Analysis 8 with an average unemployment rate of 7.0% in comparison to a 6.7% rate for Florida. This is another indication of weakness in the Palm Beach County economy over the longer term. Recent data shows that the Palm Beach County unemployment rate is 7.7% in comparison to a 7.1% rate for Florida, a negative sign that is consistent with the fact that Palm Beach County has underperformed Florida in the rate of job growth over the past two years. Major employers in Palm Beach County are shown in the following table. M ajor Employ - Paim Beach County, L -- - Name Number of Errtpl ees 1 Tenet Healthcare Corporation 4,500 2 Hospital Corporation of America 3,411 3 Florida Power & Light 3,250 4 The Breakers 2,300 5 Office Depot 2.180 6 U.S. Sugar Corporation 1,800 7 Florida Crystals 1,800 8 Baca Raton Resort& Club 1,650 9 AT&T 1,300 10 Pratt & Whitney 8acketdyne 850 Souiive; Enterpwl5e 1"arada, Inc. Gross Domestic Product Gross Domestic Product (GDP) is a measure of economic activity based on the total value of goods and services produced in a defined geographic area. Although GDP figures are not available at the county level, data reported for the Miami MSA is considered meaningful when compared to the nation overall, as Palm Beach County is part of the MSA and subject to its influence. Economic growth, as measured by annual changes in GDP, has been somewhat lower in the Miami MSA than the United States overall during the past eight years. The Miami MSA has grown at a 0.5% average annual rate while the United States has grown at a 1.0% rate. As the national economy recovers from the downturn of 2008 -2009, the Miami MSA continues to underperform the United States. GDP for the Miami MSA rose by 0.6% in 2011 while the United States GDP rose by 1.5 %. The Miami MSA has a per capita GDP of $40,804, which is 3% less than the United States GDP of $42,070. This means that Miami MSA industries and employers are adding relatively less value to the economy than their counterparts in the United States overall. Northeast 9th and 10th Avenue t Palm Beach County Area Analysis g Gross Domestic Product Yea r Miami MSA 9F Chat 2 United States %ChaQE�__ 2004 223,630 12,199,532 2005 237,627 63% 12,539,116 2.8% 2006 246,258 3.6% 12,875,816 2-7% 2007 248,613 1.0% 13,103,341 1-8% 2010 229,876 1.4% 12,918,931 3.1% 2011 231,361 0.6% 13,108,674 1.5% GOP Per Capita 2011 $40,804 $42,070 The figures in the table above represent inflation adjusted "real" GDP stated in 2005 dollars. Income, Education and Age Palm Beach County has a higher level of household income than Florida. Median household income for Palm Beach County is $47,875, which is 12.2% greater than the corresponding figure for Florida. Florida Median Household Income - 2013 Median $42,662 Comparison of Palm Beach County, FiLto Florida +12,2% Residents of Palm Beach County have a higher level of educational attainment than those of Florida. An estimated 32% Of Palm Beach County residents are college graduates with four-year degrees, versus 26% of Florida residents. People in Palm Beach County are older than their Florida counterparts. The median age for Palm Beach County is 44 years, while the median age for Florida is 41 years. | Northeast 9th and 1Q¢hAvenue 0 Po|m Bea ch[bunty Area Amukmis 10 Education & Age - 2013 Pe,contc*Vege Graduate Median Age oom 50 70% 45 60% 14WO m% 35 wow X 26% 30 25 30% 20 xmm zs u» 2 011 —IW Al Palm Beach County, pL rmnuo Palm Beach m"m» nmm" FL svonm.omam, Conclusion The national economic downturn of 2008-2009 had a greater impact on Palm Beach County than on many areas of the country, and thus far the recovery is proceeding at a slower pace. Over the long term, Palm Beach County will benefit from a growing population base and higher income and education levels. Palm Beach County experienced a decline in the number of jobs, and had a consistently higher unemployment rate than nodda over the past decade. Considering all positive and negative factors, we anticipate that growth in Palm Beach County will be limited, resulting in a modest level of demand for real estate |ngeneral. � Northeast 9th and 1OthAvenue �� Surrounding Area Analysis 11 Surrounding Area Analysis Location The subject is located in the city of Boynton Beach area of eastern Palm Beach County. Surrounding Area Map g av , I r tr enr,.ra `tRft Art °1 14 12th N Ares •-: E ® : "Li3He - -- _arse Wv1t4 4 ' , II erode Di R . J NE i6[h A4 _J� ' �l 9s&mcr Park ! VI - . Shrro Dr a .. Dr � y NYJ 13.tY "t 14Yt1m Sotth Rd �- �' ,�3 : I' i �.A, 1' '+WntxE —,P -33435 12tYRYa 4Nq) Q Su W/ iithix e 11th - isve s3 4? s" h1v i7th Pva , ' = NE 4Paz _�r I r { II RNt Ohre k 1%L � � yt.i Cva t9- "nth Aua Vir9lh"?Ae 7 FNl1 -hAie { — n` ! PIE aul a � - 1 ' pp ; it I�� iV it fL 1 r ,I �� F� 4 NEFth"Aw € _ - -. 4Net Coq Dr u I NW, EIh 4t eA �'_ ti - -- �!•. 0 =hhN 4 It ?am ] I Nd An ®®8; N Ztid-Ave = end A 1 at A%b: 6 r� NW 1e. tie I �I— Nr 1st, � cna Ash p c000nat L4 c3an 4Eee �} [ W �cEars Av3 b_om Aw —:E C!n aa; �y SE 1 [ llLd ;on 4+'e f t;k . xyl:4iA,FVn .. .{F.7nd :-. I -, f -- --ter 7, Access and Linkages Primary highway access to the area is via Interstate 95, a limited access highway that crosses the Palm, Beach County area in a north /south direction. Access to the subject from 1 -95, is provided by Boynton Beach Boulevard. Local access is provided by Federal Highway and Dixie Highway, which connect the subject neighborhood to Hypoluxo, to the north, and to Delray Beach, to the south. Public bus transportation is provided by Palm Tram and provides access to greater Palm Beach County. Public light passenger rail is provided by Tri -Rail, which connects Miami -Dade, Broward, and Palm Beach Counties, Overall, the primary mode of transportation in the area is the automobile. Demographics A demographic profile of the surrounding area, including population, households, and income data, is presented in the following table. Northeast 9th and 10th Avenue ®rr Surrounding Area Analysis 12 Surrounding Area Demographics Palm Reach 2013 Lsfirnatos 1 Hadlus 3-MileRadius S-Mile Radius County, FL Florida Popul at! on 2010 13,508 81,704 1/fi,?40 1,320,134 18,801 Population 2013 13,726 92,929 179,220 1,353,652 19,356,053 Popul at! on 2018 14,175 85,549 194,727 1,414,824 20,322,385 Households 2010 5,02 34,93 ,5,948 544,22/ 1,*20,80 Households 2013 5,212 35,56) 71,0*0 s56,320 7,631.37* Households 2018 5,508 36,8*7 79.507 580,570 8,010,659 compomme % Change oom,zu13 Lo% 0.6% ma% 017% osm Compound % Chan znua'zom 1.1% 0.7% 0.6m 019m 1.0% Med/pnoousexoij Income ou1a $o*.zra m0.347 $43.931 yw,^a,s $*2.662 wv*,^wow"w,,uo/amz° 2.6 zs 2.3 2.^ z�s Colle Grad"atem 19% zs% z/% soe caw Median A 40 ^o "y «" m Owner Occupied m sme s*% /n% /Im s/% mmte,occ°p/ed % *mw a*% aum zem as% *ma/aw Owner Occupied Housin vm/°, gzze*m *128,073 $1**,045 $175�0e7 51*6,999 Median Year Stmuct","mm/t 1974 zsoo 1*82 zsos 1985 �g, T,*v�nmaxmWm,J�/"wqn, 23 '4 oa z/ ze ------------ As shown above, the current population within a 3-mile radius of the subject is 82,929, and the average household size is 2.3. Population in the area has grown since the 2010 census, and this trend is projected to continue over the next five years. Compared to Palm Beach County overall, the population within a 3-mile radius is projected to grow ata slower rate. Median household income is $40,347, which is lower than the household income for Palm Beach County. Residents within a 3-mile radius have a lower level of educational attainment than those of Palm Beach County, while median owner occupied home values are considerably lower. Land Use The area ix suburban in character and approximately 8O96developed, Land uses immediately surrounding the subject are predominantly residential with typical ages of building 'improvements ranging from 20 to 40 years. Property types adjoining the subject include single family and multifamily residential. Outlook and Conclusions The area is in the stable stage of its life cycle. Recent development activity has been limited due to the national economic downturn. We anticipate that property values will remain stable in the near future. � Northeast 9th and 1OthAvenue I �� Surrounding Area Analysis 13 Boynton Beach Community Redevelopment Agency (CRA) The Boynton Beach CRA is a government agency dedicated to redevelopment of 1,650 acres in Boynton Beach. The agency is funded by Tax Increment Financing (TIF) and is legally accountable to the City Commission of Boynton Beach, the Palm Beach County Commission, the State of Florida Department of Community Affairs, the Palm Beach County Tax Appraiser and the State of Florida Auditor General. The agency intends to provide affordable housing, free special events and small business funding programs, which create a vibrant downtown core and revitalized neighborhoods. A map of the CRA boundaries and the subject's position is shown below. ,a s r. W Northeast 9th and 10th Avenue !�' Land Description and Analysis 14 Property Anallysis Land Description and Analysis The subject consists of two contiguous lots located on Northeast 10 Avenue and an additional non- contiguous lot located on Northeast 9 th Avenue. The two lots located on Northeast 10 Avenue are each 155 feet deep by 50 feet wide. The Northeast 10 Avenue lot is 150 feet deep by 50 feet wide. Each lot can be developed with one single - family home. Land D e s criptio n Land Area (Total) 0.53 acres; 23,017 SF Source of Land Area Public Records Primary Street Frontage 9th & 10th - 50 feet Shape Recta ngular Corner No Topogra phy Level Drainage No problems reported or observed Environmental Hazards None reported or observed. Ground Stability No problems reported or observed Flood Area Panel Number 1201960004C Date 9/31/1982 Zone C Description Areas of minimal flooding Insurance Required? No onin ;Other a ulations Zoning Jurisdiction City of Boyton Beach Zoning Designation R -2 Description Residential Lega I I Conformi ng? Yes Zoning Change Likely? No Permitted Uses single family homes, duplex, type 1 group home, and communitygarden Minimum Lot Area 4,500 SF Mini mum Street Frontage (Feet) 75' Minimum Setbacks (Feet) Front- 25', Rear - 25', Interior Side -10' Corner Side- 25' Maximum Building Height 25' Maximum Floor Area Ratio 0.1 Ut iliti e s Service Provider Water City of Boynton Beach Sewer City of Boynton Beach Electricity Florida Power and Light Local Phone Multiple Providers Northeast 9th and 10th Avenue ®rr Land Description and Analysis 15 Easements, Encroachments and Restrictions We were not provided a current title report to review. We are not aware of any easements, encroachments, or restrictions that would adversely affect value. Our valuation assumes no adverse impacts from easements, encroachments, or restrictions, and further assumes that the subject has clear and marketable title. Conclusion of Land Analysis Overall, the physical characteristics of the sites and the availability of utilities result in functional utility suitable for a variety of uses including those permitted by zoning. We are not aware of any other particular restrictions on development. ® Northeast 9th and 10th Avenue Land description and Analysis 16 Aerial Map i ip�i` — 11 {a 7 1� t L 3 f �l� � •;: i sue '.y t � s�� tl �dkf��t ,`• t 1 � .� � ��rr tF �ni �y �, �il �ip�� " fir s 4 7 11 r It Northeast 9th and 10th Avenue Improvements Description and Analysis 17 Improvements Description and Analysis The subject is two contiguous lots totaling 15,498 square feet of land area and a non - contiguous 950 square foot single - family home on a 7,518 square foot lot. The single - family improvements were constructed in 1955 and are in poor condition. The improvements do no contribute any economic value to the property. Construction Details Foundation Concrete slab Structural Frame Concrete block Exterior Walls Painted stucco Roof Flat Air Conditioning Window units Improvements Analysis Quality and Condition The quality and condition of the subject is considered to be inferior to that of competing properties. Functional Utility The improvements appear to be adequately suited to their current use, and there do not appear to be any significant items of functional obsolescence. Deferred Maintenance The subject suffers from significant deferred maintenance. The main areas of concern are plumbing, restrooms and kitchen. We were not provided with estimated costs to cure the current deferred maintenance. The costs are estimated to exceed the contributory value of the current improvements. ADA Compliance Based on our inspection and information provided, we are not aware of any ADA issues. However, we are not expert in ADA matters, and further study by an appropriately qualified professional would be recommended to assess ADA compliance. Hazardous Substances An environmental assessment report was not provided for review and environmental issues are beyond our scope of expertise. No hazardous substances were observed during our inspection of the improvements; however, we are not qualified to detect such substances. Unless otherwise stated, we assume no hazardous conditions exist on or near the subject. Personal Property No personal property items were observed that would have any material contribution to market value. ir. Northeast 9th and 10th Avenue Improvements Description and Analysis 18 Conclusion of Improvements Analysis In comparison to other competitive properties in the region, the subject improvements are rated as follows: Improvements tin s Design and Appearance Bel ow Average Age /Condition Bel ow Average Room Sizes and Layouts Average Bathrooms Below Average Kitchens Below Average Landscaping Bel ow Average G arages Below Average Overall, the quality, condition, and functional utility of the improvements are below average for their age and location. Northeast 9th and 70th Avenue ir. Improvements Description and Analysis 19 a� '4 �s ,�7� � 1 View of front exterior View of rear exterior (Photo Taken on February 5, 2014) (Photo Taken on February 5, 2014) t View of living room View of bedroom (Photo Taken on February 5, 2014) (Photo Taken on February 5, 2014) MM �Ctis t i rs € t View of bedroom View of restroom (Photo Taken on February 5, 2014) (Photo Taken on February 5, 2014) Northeast 9th and 10th Avenue Improvements Description and Analysis 20 Wl , f i5 Sf ONE } t {tt:'.! +SSf View looking west on NE 9` Avenue View looking east on NE 9 Avenue (Photo Taken on February 5, 2014) (Photo Taken on February 5, 2014) f . f� f View of site on NE loth Avenue View of site on NE 10 Avenue (Photo Taken on February 5, 2014) (Photo Taken on February 5, 2014) l i t i V t s 1 t,' +t �G f E t�ft4l qtr }��y�t +. View looking east on NE lo Avenue View looking west on NE lo Avenue (Photo Taken on February 5, 2014) (Photo Taken on February 5, 2014) Northeast 9th and 10th Avenue i Real Estate Taxes 21 Real E state s Real estate tax assessments are administered by Broward County. heal estate taxes in this state and this jurisdiction represent ad valorem taxes, meaning a tax applied in proportion to value. The real estate taxes for an individual property may be determined by dividing the assessed value for a property by 100, then multiplying this amount by the millage rate. Real estate taxes and assessments for the current tax year are shown in the following table. Taxes and Assessments - 2418 Assessed Value Taxes and Assessments Ad Valorem lax ID Land Improvements Total Tax Rate Taxes Direct Assessments Total 08- 43- 45- 21- 18- 000 -16S0 $7,800 $24,561 $32,361 1.915818% $620 $262 $882 08- 43- 45 -21 -04 -000 -0070 $7,800 $0 $7,800 1.915818% $149 $0 $149 08- 43- 45 -21- 04-000 -0080 $7,800 $0 $7,800 1.915818% $149 $0 $149 $23,400 $24,561 $47,961 $919 $262 $1,181 The millage rate is generally finalized in October of each year, and tax bills are received in late October or early November. If the taxes are paid prior to November 30 the State of Florida allows a 4% discount. The discount is reduced to 3% if the taxes are paid in December, 2% if paid in January of the following year, 1% if paid in February, and the gross taxes are due before March 31 of the following year. After March 31 the taxes are subject to interest. For reference purposes, the subject has been assigned the tax identification number indicated in the chart above. The millage in the most recent tax year is 1.915818 %. For the most recent tax year, 2013, the estimated real estate taxes for the subject are the combined assessed value of $47,961, divided by 100, then multiplied by the millage rate of 1.915818% for a total of $919. In addition to real estate taxes the subject property was assessed non ad- valorem taxes in the amount of $262. The total tax liability for the subject property is $1,181. According to the Palm Beach County Tax Collectors Office, there are no delinquent taxes for the subject property, however the 2013 taxes have not been paid and are due by March 31. Historical real estate taxes and assessments for the current tax year are shown in the following table. Tax History Total Assessed Ad Valorem Direct Tax Year Value Tax Rate Taxes Assessments Total %Change 2011 $111,527 2.27100% $2,533 $262 $2,795 2012 $38,754 2.26830% $879 $262 $1,141 -59.2% 2013 $43,829 2.35691% $1,033 $262 $1,295 13.5% Based on the concluded market value of the subject, the assessed value appears reasonable. Northeast 9th and 10th Avenue i e� Highest and Best Use 22 Highest and Best Use Process Before a property can be valued, an opinion of highest and best use must be developed for the subject site, both as if vacant, and as improved or proposed. By definition, the highest and best use must be: • Physically possible. • Legally permissible under the zoning regulations and other restrictions that apply to the site. • Financially feasible. • Maximally productive, i.e., capable of producing the highest value from among the permissible, possible, and financially feasible uses. As If Vacant Physically Possible The physical characteristics of the site do not appear to impose any unusual restrictions on development. Overall, the physical characteristics of the site and the availability of utilities result in functional utility suitable for a variety of uses. Legally Permissible The site is zoned R -2, Residential . Permitted uses include single family homes, duplex, type 1 group home, and community garden. To our knowledge, there are no legal restrictions such as easements or deed restrictions that would effectively limit the use of the property. Given prevailing land use patterns in the area, only residential use is given further consideration in determining highest and best use of the site, as though vacant. Financially Feasible Based on our analysis of the market, there is limited demand for additional residential development at the current time. It appears that a newly developed residential use on the site would not have a value commensurate with its cost; therefore, residential use is not considered to be financially feasible. Nevertheless, we expect an eventual recovery of the market accompanied by a rise in property values to a level that will justify the cost of new construction. Thus, it is anticipated that residential development will become financially feasible in the future. Maximally Productive There does not appear to be any reasonably probable use of the site that would generate a higher residual land value than holding the property for future development of a residential use. Accordingly, it is our opinion that holding the property for future residential use, based on the normal market density level permitted by zoning, is the maximally productive use of the property. Conclusion Holding the property for future development of a residential use is the only use that meets the four tests of highest and best use. Therefore, holding the property for the future development of a single - ® Northeast 9th and 10th Avenue Highest and Best Use 23 family home on each of the three lots is concluded to be the highest and best use of the property as if vacant. As Improved The subject site located on Northeast 9 1h Avenue is developed with a 950 square foot single family residence. The residence was constructed in 1955 and suffers from significant deferred maintenance. We researched comparable improved properties, and found similar properties sold ranging from $23,000 to $32,000. These properties were in livable condition. Our estimated deferred maintenance and entrepreneurial incentive to return the subject improvements to a livable condition plus the value of the land exceeds the range of values of similar improved properties. For these reasons, razing the current improvements and redevelopment of the property is concluded to be maximally productive and the highest and best use of the property as improved. Most Probable Buyer Taking into account the size and characteristics of the property and its single tenant occupancy, the likely buyer is an owner -user. Northeast 9th and 10th Avenue ir. Valuation Methodology 24 Valuation Valuation Methodology Appraisers usually consider three approaches to estimating the market value of real property. These are the cost approach, sales comparison approach and the income capitalization approach. The cost approach assumes that the informed purchaser would pay no more than the cost of producing a substitute property with the same utility. This approach is particularly applicable when the improvements being appraised are relatively new and represent the highest and best use of the land or when the property has unique or specialized improvements for which there is little or no sales data from comparable properties. The sales comparison approach assumes that an informed purchaser would pay no more for a property than the cost of acquiring another existing property with the same utility. This approach is especially appropriate when an active market provides sufficient reliable data. The sales comparison approach is less reliable in an inactive market or when estimating the value of properties for which no directly comparable sales data is available. The sales comparison approach is often relied upon for owner -user properties. The income capitalization approach reflects the market's perception of a relationship between a property's potential income and its market value. This approach converts the anticipated net income from ownership of a property into a value indication through capitalization. The primary methods are direct capitalization and discounted cash flow analysis, with one or both methods applied, as appropriate. This approach is widely used in appraising income- producing properties. Reconciliation of the various indications into a conclusion of value is based on an evaluation of the quantity and quality of available data in each approach and the applicability of each approach to the property type. The methodology employed in this assignment is summarized as follows: Approaches to Value Approach Applicability to Subject Use in Assignment Cost Approach Not Applica ble. Not Util!zed Sales Comparison Approach Applicable Utilized Income Capita IizationAppro Not Applicable Not Utilized Northeast 9th and 10th Avenue 1 ' Land Valuation 25 Land Valuation To develop an opinion of the subject's land value, as if vacant and available to be developed to its highest and best use, we utilize the sales comparison approach. Our search for comparable sales focused on transactions within the following parameters: • Location: City of Boynton Beach • Size: Less than 0.5 acres • Use: Residential • Transaction Date: June 1, 2012 to present. For this analysis, we use price per lot as the appropriate unit of comparison because market participants typically compare sale prices and property values on this basis. The most relevant sales are summarized in the following table. Northeast 9th and 10th Avenue i Land Valuation 26 Summary of Comparable Sales Sale Lots; Date; Effective Sale SF; Density $ /SF No. Name /Address Status Price Acres (Lots /Ac.) $ /Lot Land 1 106 NE 3rd Avenue Jan -14 $19,900 11,439 2 $9,950 $1.74 106 NE. 3rd Avenue Closed 0.26 7.6 Boynton Beach Palm Beach County Tax I D: 08-43-45-21-30-001-0110;08-43-45-21-30-001-0120 Grantor: Sunshine Events, Inc. Grantee: Capital Partners of Palm Beach, LLC. Comments: This site is located on the southeast corner of North Seacrest Boulevard and NE 3rd Avenue, in Boynton Beach. The properties sold on January 15, 2014 for$19,900, or$1.74 /SF of land. 2 S Seacrest Boulevard Jun -13 $40,000 12,406 2 $20,000 $3.22 S. Seacrest Blvd. Closed 0.28 7.0 Boynton Beach Palm Beach County Tax ID: 08- 43- 45 -28 -12 -002 -0140 Grantor: Strock Enterprises, LLC, Grantee: HH Community Investment Fund III, L-C. Comments: This site is located on the north side of SE 3rd Avenue, just east of South Seacrest Boulevard, in Boynton Beach. The property sold on June 25, 2013 for$40,000, or$3.22 /SF of land. 3 407 SW 2nd Avenue May -13 $25,000 7,980 1 $25,000 $3.13 407 SW. 2nd Ave. Closed 0.18 5.6 Boynton Beach Palm Beach County Tax ID: 08-43-45-28-11-000-0480 Grantor: Larann, LLC. Grantee: Joseph Pha nor Comments: This site is located on north side of SW 2nd Avenue, just west of SE 3rd Street in Boynton Beach. The property sold on May 17th, 2013 for$25,000, or$3.13 /SF. 4 518 NW 11th Avenue Aug -12 $5,000 4,243 1 $5,000 $1.18 518 NW. 11th Ave. Closed 0.10 10.3 Boynton Beach P a l m Beach County Tax ID: 08- 43- 45 -24 -14 -000 -2910 Grantor: The Bank of New York Mellon Grantee: Eugalyn Wilson Comments: This site is located on the south side of NW 11th Avenue, just west of NW 4th Street, in Boynton Beach. The property sold on August 1, 2012 for$5,000, or$1.18 1SF. This was an REO sale. Subject 23,017 3 Northeast 9th and 10th 0.53 5.7 Avenue Boynton Beach, FL Northeast 9th and 10th Avenue ir. Land Valuation 27 Comparable Land Sales Map J� Ir c� rR i Seavlew'Circle ark Ridge Blvd 16th � ! E i� ` r 4 K � ,Sth. PI WW .14tii. Ave 14tp. Ave' :7777= : I Shnre Dr ccnvwaw sale 4 1 1 - ' 5 18 Brynton t v Beach,FL 33435 I , h " L t A.e.. W orth Iv Zfh. - - - 13th Ave s ;{ A a en E 12Sh:Ave Subleot Manners Way M1 E 11 C1 Ave- z Boym Beach, FL 33435 ME 12th T®rrae, 0 NW .10th 10th-Ave �� l -- M 70th Ava - a I MN -41h Ave., - - L' — ' "�'NE9th Ave_ g i ME 9th ;4+re rn -- � L� Bth Ave , : _ i — - _ L ° NE Bth AvA - - 3 ' NE- 7th Ave- i€ tai to My th A ._ car : ve anaahk 1 sak = - �! 1 �y. ', Io6 F1E 3rdAVa �� m I I 4 S L.� I . I sit, G1 Boynton Beach, FL 33435 "u3 l� Ija. L 41K AA' r t¢E p y II Al b I i�� _ 71 �L6. 2nd' Ave I" ` I.... NW 2 Ave I let Ave' A NE 1st..A I I Co nparahle sab 3 n I i 407 5w zrld Ave ° �� - Ocean..7iy2 -- - Boynton Beach, rL 33435 - -� � .. - -f �- I Comparable soh2 1 -� !- _ - E 0 Ocean Are South newest Boulevard '- W 1st Ct let Ave ocean MOO* SVY 1'st :Aye fl Boynton Beech FL S 2nd Ave u sun Ave - -- _�- r 4 - SW. Ava..� Avg � - - -- 1 SW 9rd Ave I �$E "3rd Avq f -4 SW ;3rd Ave € c yl 1 i s Are 514th Ave m i -S'ltJ 4th Ave ' � � j I� al SE 4tf� � 5w 6th Ava m . S 51h PVP f J i SHIN 5th Lr { ._ v m'' SE F.1h'Ave SE 64 Ave = SW tith Ave - t Q i I T S1M 7th Aw r � i -_:_ $E.7th Aye f _ 1. SE Sth .AVd I I Northeast 9th and 10th Avenue Land Valuation Zg I aF Ih Sale 1 Safe 2 106 NE 3rd Aw+ nrwe S SP-4,rrev Omilevnrd "i� P I ` zy �a ' J)Atvrt6. f ' ! S ) "I , �� t �i �t a l � t 1 �I�'IIS' t Sale 3 _ Sale 4 407 SW 2nd Avenue 51$ NW 11th Avenue Northeast 9th and 10th Avenue ' ° Land Valuation 29 Analysis and Adjustment of Sales The sales are compared to the subject and adjusted to account for material differences that affect value. Adjustments are considered for the following factors, in the sequence shown below. Adjustment c tor AccountsFor Comments Effective Sale Price Atypical economics of a transaction, No adjustments are required. such as demolition cost or expenditures by buyer at time of purchase. Real Property Rights Fee simple, leased fee, leasehold, No adjustments are required. partial interest, etc. Financing Terms Seller financing, or assumption of No adjustments are required, existing financing, at non - market terms. Conditions of Sale Extraordinary motivation of buyer Sale 4 was an RED and is adjusted or seller, assemblage, forced sale. upward 25 %. No other adjustments are required. Market Conditions Changes in the economic The residential market has been environment over time that affect steadily getting stronger since 2012; the appreciation and depreciation therefore we have applied an 8% of real estate. per year adjustment to account for the strengthening market. Location Market or submarket area Sales 2 and 3 are located south of influences on sale price; Boynton Beach Boulevard, are rated surrounding land use influences. superior, and are adjusted upward 20 %. No other adjustments are required. Access /Exposure Convenience to transportation No adjustments are required. facilities; ease of site access; visibility; traffic counts. Size Inverse relationship that often The average lot size of the subject is exists between parcel size and unit 0.176 acres versus the comparables value. at 0.13, 0.14, 0.18, and 0.097 acres respectively. Sale 4 is rated inferior for size and is adjusted upward 10 %. All other sales are rated similar. Shape and Primary physical factors that affect No adjustments are required. Topography the utility of a site for its highest and best use. Northeast 9th and 10th Avenue ir. Land Valuation 30 Adjustment Factor AccountsFor Comments Zoning Government regulations that affect No adjustments are required. the types and intensities of uses allowable on a site. Entitlements The specific level of governmental No adjustments are required. approvals attained pertaining to development of a site. Ir Northeast 9th and 10th Avenue Land Valuation 31 The following table summarizes the adjustments we make to each sale. Land Sales Adjustment Grid Subject Comparable) Comparable Comparable3 Comparable4 Name Northeast 9th and 106 NE 3rd Avenue SSeacrest 4075W 2nd 518 NW 11th 10th Avenue Boulevard Avenue Avenue Address Northeast9th & 106 NE, 3rd Avenue S. Seacrest Blvd. 407 SW. 2nd Ave. 518 NW. 11th Ave. 10th Avenue City Boynton Beach Boynton Beach Boynton Beach Boynton Beach Boynton Beach County Palm Beach Palm Beach Palm Beach Palm Beach Palm Beach State Florida FL FL FL FL Sale Date Jan -14 Jun -13 May -13 Aug -12 Sale Status Closed Closed Closed Closed Sale Price $19,900 $40,000 $25,000 $5,000 Square Feet 23,017 11,439 12,406 7,980 4,243 Acres 0.53 0.26 0.28 0.18 0.10 Number of Lots 13 2 2 1 1 Price per Lot $9,950 $20,000 $25,000 $5,000 Property Rights Fee Simple Fee Simple Fee Simple Fee Simple Financing Terms Cash to seller Cash toselIer Cash to seller Cash to seller Conditions of Sale Arm's - length Arm's - length Arm's - length REO Sale % Adjustment — — — 25% Market Conditions 2/5/2014 Jan -14 Jun -13 May -13 Aug -12 Annual %Adjustment 8% — 5% 6% 12% Cumulative Adjusted Price $9,950 $21,000 $26,500 $7,000 Location — -20% -20% — Access /Exposure — — — _ Size — — — 10% Shape and Topography — Zoning — _ _ _ Entitlements — Net$Adjustment $0 - $4,200 - $5,300 $700 Net % Adj ustment 0% -20% -20% 10% Final Adjusted Price $9,950 $16,800 $21,200 $7,700 Overall Adjustment 0% -16% -15% 54% Range of Adjusted Prices $7,700 - $21,200 Ave rage 1$13,913 Indicated Value 1$15,000 IIt: Northeast 9th and 10th Avenue Land Valuation 32 Land Value Conclusion Prior to adjustment, the sales reflect u range nf$5,8UU'$Z5 per lot. After adjustment, the range is narrowed to$7'7OO $21,Z0O per lot, with un average of$1] per lot. VVe give equal weight to all sales, and arrive ata land value conclusion aofollows: Value Conclusions 08 $15,000 08'43 $15 08-43-45-21-04-000-0080 _q 1 S 000 Total Via Summation $45,000 Northeast 9th and 1OthAvenue I �� Reconciliation and Conclusion ofValue 33 Reconciliation and Conclusion of Value The values indicated by our analyses are as foUnxvy: Value Conclusions 08-43-45-21-18-000-16SO $15,000 08-43-45-21-04-000-0070 $15,000 Total Via Summation $45,000 Extraordinary Assumptions d Hypothetical Conditions The value conclusions are subject to the fol lowing extraordinary assumptions that may affect the assignment results. An extraordinary assumption is uncertain information accepted as fact. if the assumption is found to be false as of the effective date of the appraisal, we reserve the right to modif our value conclusions. N/A - None. The va|ue conclusions are based nn the following hypothetical conditions that may affect the assignment results, Ahypothetical condition is a condition contrary to known fact nn the effective date of the appraisal but i, supposed for the purpose of analysis. N/A None. Exposure and Marketing Times Our estimates of exposure and marketing times are asfollows: Exposure rime and Marketing Period Exposure Time (Months) 6 to 9 Marketing Period (Months) 6uo9 Northeast 9th and 10th Avenue �� Certification 34 Certification We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We 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. 4. We have not performed any 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. 5. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. Our 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. 8. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice as well as applicable state appraisal regulations. 9. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 10. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 11. Harry C. Newstreet, MAI, made a personal inspection of the property that is the subject of this report. 12. No one provided significant real property appraisal assistance to the person(s) signing this certification. We have experience in appraising properties similar to the subject and are in compliance with the Competency Rule of USPAP. 13. As of the date of this report, Harry C. Newstreet, MAI have completed the continuing education program for Designated Members of the Appraisal Institute. Northeast 9th and 10th Avenue i. Certification 35 14. As of the date of this report, Harry C. Newstreet, MAI have completed the Standards and Ethics Education Requirements for Candidates /Practicing Affiliates of the Appraisal Institute. Harry C. Newstreet, MAI State Certified General Real Estate Appraiser Florida Certificate # RZ 2278 Director - Broward Telephone: 772 -463 -4131 Ext. 211 Email: hnewstreet @irr.com Northeast 9th and 10th Avenue ir. Assumptions and Limiting Conditions 36 Assumptions and Limiting Conditions This appraisal and any other work product related to this engagement are limited by the following standard assumptions, except as otherwise noted in the report: 1. The title is marketable and free and clear of all liens, encumbrances, encroachments, easements and restrictions. The property is under responsible ownership and competent management and is available for its highest and best use. 2. There are no existing judgments or pending or threatened litigation that could affect the value of the property. 3. There are no hidden or undisclosed conditions of the land or of the improvements that would render the property more or less valuable. Furthermore, there is no asbestos in the property. 4. The revenue stamps placed on any deed referenced herein to indicate the sale price are in correct relation to the actual dollar amount of the transaction. 5. The property is in compliance with all applicable building, environmental, zoning, and other federal, state and local laws, regulations and codes. 6. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy. This appraisal and any other work product related to this engagement are subject to the following limiting conditions, except as otherwise noted in the report: 1. An appraisal is inherently subjective and represents our opinion as to the value of the property appraised. 2. The conclusions stated in our appraisal apply only as of the effective date of the appraisal, and no representation is made as to the effect of subsequent events. 3. No changes in any federal, state or local laws, regulations or codes (including, without limitation, the Internal Revenue Code) are anticipated. 4. No environmental impact studies were either requested or made in conjunction with this appraisal, and we reserve the right to revise or rescind any of the value opinions based upon any subsequent environmental impact studies. If any environmental impact statement is required by law, the appraisal assumes that such statement will be favorable and will be approved by the appropriate regulatory bodies. 5. Unless otherwise agreed to in writing, we are not required to give testimony, respond to any subpoena or attend any court, governmental or other hearing with reference to the property without compensation relative to such additional employment. 6. We have made no survey of the property and assume no responsibility in connection with such matters. Any sketch or survey of the property included in this report is for illustrative purposes only and should not be considered to be scaled accurately for size. The appraisal Northeast 9th and 10th Avenue i® Assumptions and Limiting Conditions 37 covers the property as described in this report, and the areas and dimensions set forth are assumed to be correct. 7. No opinion is expressed as to the value of subsurface oil, gas or mineral rights, if any, and we have assumed that the property is not subject to surface entry for the exploration or removal of such materials, unless otherwise noted in our appraisal. 8. We accept no responsibility for considerations requiring expertise in other fields. Such considerations include, but are not limited to, legal descriptions and other legal matters such as legal title, geologic considerations such as soils and seismic stability; and civil, mechanical, electrical, structural and other engineering and environmental matters. Such considerations may also include determinations of compliance with zoning and other federal, state, and local laws, regulations and codes. 9. The distribution of the total valuation in the report between land and improvements applies only under the reported highest and best use of the property. The allocations of value for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. The appraisal report shall be considered only in its entirety. No part of the appraisal report shall be utilized separately or out of context. 10. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraisers, or any reference to the Appraisal Institute) shall be disseminated through advertising media, public relations media, news media or any other means of communication (including without limitation prospectuses, private offering memoranda and other offering material provided to prospective investors) without the prior written consent of the persons signing the report. 11. Information, estimates and opinions contained in the report and obtained from third -party sources are assumed to be reliable and have not been independently verified. 12. Any income and expense estimates contained in the appraisal report are used only for the purpose of estimating value and do not constitute predictions of future operating results. 13. If the property is subject to one or more leases, any estimate of residual value contained in the appraisal may be particularly affected by significant changes in the condition of the economy, of the real estate industry, or of the appraised property at the time these leases expire or otherwise terminate. 14. Unless otherwise stated in the report, no consideration has been given to personal property located on the premises or to the cost of moving or relocating such personal property; only the real property has been considered. 15. The current purchasing power of the dollar is the basis for the values stated in the appraisal; we have assumed that no extreme fluctuations in economic cycles will occur. 16. The values found herein is subject to these and to any other assumptions or conditions set forth in the body of this report but which may have been omitted from this list of Assumptions and Limiting Conditions. 17. The analyses contained in the report necessarily incorporate numerous estimates and assumptions regarding property performance, general and local business and economic IG Northeast 9th and 10th Avenue Assumptions and Limiting Conditions 38 conditions, the absence of material changes in the competitive environment and other matters. Some estimates or assumptions, however, inevitably will not materialize, and unanticipated events and circumstances may occur; therefore, actual results achieved during the period covered by our analysis will vary from our estimates, and the variations may be material. 18. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific survey or analysis of the property to determine whether the physical aspects of the improvements meet the ADA accessibility guidelines. We claim no expertise in ADA issues, and render no opinion regarding compliance of the subject with ADA regulations. Inasmuch as compliance matches each owner's financial ability with the cost to cure the non- conforming physical characteristics of a property, a specific study of both the owner's financial ability and the cost to cure any deficiencies would be needed for the Department of Justice to determine compliance. 19. The appraisal report is prepared for the exclusive benefit of the Client, its subsidiaries and /or affiliates. It may not be used or relied upon by any other party. All parties who use or rely upon any information in the report without our written consent do so at their own risk. 20. No studies have been provided to us indicating the presence or absence of hazardous materials on the subject property or in the improvements, and our valuation is predicated upon the assumption that the subject property is free and clear of any environment hazards including, without limitation, hazardous wastes, toxic substances and mold. No representations or warranties are made regarding the environmental condition of the subject property. Integra Realty Resources— Miami /Palm Beach, Integra Realty Resources, Inc., Integra Strategic Ventures, Inc. and /or any of their respective officers, owners, managers, directors, agents, subcontractors or employees (the "Integra Parties"), shall not be responsible for any such environmental conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because we are not experts in the field of environmental conditions, the appraisal report cannot be considered as an environmental assessment of the subject property. 21. The persons signing the report may have reviewed available flood maps and may have noted in the appraisal report whether the subject property is located in an identified Special Flood Hazard Area. We are not qualified to detect such areas and therefore do not guarantee such determinations. The presence of flood plain areas and /or wetlands may affect the value of the property, and the value conclusion is predicated on the assumption that wetlands are non- existent or minimal. 22. Integra Realty Resources — Miami /Palm Beach is not a building or environmental inspector. Integra Miami /Palm Beach does not guarantee that the subject property is free of defects or environmental problems. Mold may be present in the subject property and a professional inspection is recommended. 23. The appraisal report and value conclusions for an appraisal assume the satisfactory completion of construction, repairs or alterations in a workmanlike manner. 24. It is expressly acknowledged that in any action which may be brought against any of the Integra Parties, arising out of, relating to, or in any way pertaining to this engagement, the Northeast 9th and 10th Avenue ir. Assumptions and Limiting Conditions 39 appraisal reports, and /or any other related work product, the Integra Parties shall not be responsible or liable for any incidental or consequential damages or losses, unless the appraisal was fraudulent or prepared with intentional misconduct. it is further acknowledged that the collective liability of the Integra Parties in any such action shall not exceed the fees paid for the preparation of the appraisal report unless the appraisal was fraudulent or prepared with intentional misconduct. Finally, it is acknowledged that the fees charged herein are in reliance upon the foregoing limitations of liability. 25. Integra Realty Resources — Miami /Palm Beach, an independently owned and operated company, has prepared the appraisal for the specific intended use stated elsewhere in the report. The use of the appraisal report by anyone other than the Client is prohibited except as otherwise provided. Accordingly, the appraisal report is addressed to and shall be solely for the Client's use and benefit unless we provide our prior written consent. We expressly reserve the unrestricted right to withhold our consent to your disclosure of the appraisal report or any other work product related to the engagement (or any part thereof including, without limitation, conclusions of value and our identity), to any third parties. Stated again for clarification, unless our prior written consent is obtained, no third party may rely on the appraisal report (even if their reliance was foreseeable). 26. The conclusions of this report are estimates based on known current trends and reasonably foreseeable future occurrences. These estimates are based partly on property information, data obtained in public records, interviews, existing trends, buyer- seller decision criteria in the current market, and research conducted by third parties, and such data are not always completely reliable. The Integra Parties are not responsible for these and other future occurrences that could not have reasonably been foreseen on the effective date of this assignment. Furthermore, it is inevitable that some assumptions will not materialize and that unanticipated events may occur that will likely affect actual performance. While we are of the opinion that our findings are reasonable based on current market conditions, we do not represent that these estimates will actually be achieved, as they are subject to considerable risk and uncertainty. Moreover, we assume competent and effective management and marketing for the duration of the projected holding period of this property. 27. All prospective value opinions presented in this report are estimates and forecasts which are prospective in nature and are subject to considerable risk and uncertainty. In addition to the contingencies noted in the preceding paragraph, several events may occur that could substantially alter the outcome of our estimates such as, but not limited to changes in the economy, interest rates, and capitalization rates, behavior of consumers, investors and lenders, fire and other physical destruction, changes in title or conveyances of easements and deed restrictions, etc. It is assumed that conditions reasonably foreseeable at the present time are consistent or similar with the future. 28. The appraisal is also subject to the following: Northeast 9th and 10th Avenue it Assumptions and Limiting Conditions 40 Extraordinary Assumptions and Hypothetical Conditions The value conclusions are subject to the following extraordinary assumptions that may affect the assignment results. An extraordinary assumption is uncertain information accepted as fact. If the assumption is found to be false as of the effective date of the appraisal, we reserve the right to modify our value conclusions. N/A - None. The value conclusions are based on the following hypothetical conditions that may affect the assignment results. A hypothetical condition is a condition contrary to known fact on the effective date of the appraisal but is supposed for the purpose of analysis. N /A- None. Northeast 9th and 10th Avenue irr. Addenda Addendum A Appraiser Qualifications Northeast 9th and 10th Avenue irr. Harry Integra Realty Resources C . , s'�f s. Experience Mr. Newstreet takes pride in his recognition for prompt preparation and timely delivery of well- documented appraisals. His commitment to excellence ensures in his clients the confidence 819 S. Federal Highway, Suite 201 that their unique requirements will be handled in an expeditious, professional and accurate manner. Stuart, FL 34994 Mr. Newstreet can perform a wide variety of real estate services that cover the entire spectrum of T 772.463.4131 the real estate appraisal field including property appraisal, acquisition, feasibility, development and F 772.463.4097 counseling, as well as in specialized areas such as expert witness testimony in condemnation for irr.com right -of -way, valuation, tax problems, professional standards and other real estate matters. Mr. Newstreet has testified in a wide variety of real estate matters and has been qualified as an expert witness in both state and federal courts. Mr. Newstreet has completed both form and narrative appraisals of nearly every variety of residential and commercial property. 1993 - 1994 — Pederson & Trask 1995 - Rex Consulting 1996 -1998 — Real Property Analysts, Inc. 1998 - 2004 — Newstreet - Miller & Associates 2005 - 2011— Harry C. Newstreet & Associates • 2011 - Present — Integra Realty Resources -Miami /Palm Beach Professional Activities & Affiliations Member. MAI, Appraisal Institute #12441 Member: Association of Eminent Domain Professionals L icenses Florida, State Certified General, RZ2278 Edu Florida State University— Bachelor of Science, December 1989 Numerous appraisal related seminars and classes Certified by the Appraisal Institute for Continuing Education Instructor: • Former Adjunct Professor: Florida Atlantic University, College of Business, Real Estate Section Lecturer: * The Development Timeline — SFWMD Seminar, May 2004 • Appraisal Issues in CRA's — FAR Convention, September 2004 Arti and Publicat Smoothing Wrinkles in the Spread: Special Assessment Issues, Appraisal Journal, April 2000 Qual i f ied Befo 11 r i I s Qualified as an Expert Witness in Federal and State Courts i r hnewstreet @irr.com - 772.463.4131 x211 4'+ C r i Cry f� i e i r, CA rA co RA i N k V3 OW �� rl om ko fn 2 in a � V. to > V N IGH �i p H U ri Integra Realty Resources . Corporate Prof lie Integra Realty Resources, Inc. offers the most comprehensive property valuation and counseling coverage in the United States with 62 independently owned and operated offices in 34 states and the Caribbean. Integra was created for the purpose of combining the intimate knowledge of well- established local firms with the powerful resources and capabilities of a national company. Integra offers integrated technology, national data and information systems, as well as standardized valuation models and report formats for ease of client review and analysis. Integra's local offices have an average of 25 years of service in the local market, and all but one are headed by a Senior Managing Director who is an MAI member of the Appraisal Institute. A listing of IRR's local offices and their Senior Managing Directors follows: ATLANTA, GA Sherry L. Watkins., MAI, FRICS M1AM1 1PALM BEACH, FL- Anthony M. Graziano, MAI, CRE, FRICS AUSTIN, TX - Randy A. Williams, MAI, SR/WA, FRICS MINNEAPOLIS, MN - Michael F. Amundsen, MAI, CCIM, FRICS BALTIMORE, MD - G. Edward Kerr, MAI, MRICS NAPLES, FL - Carlton J. Lloyd, MAI, FRICS BIRMINGHAM, AL - Rusty Rich, MAI, MRICS NASHVILLE, TN - R. Paul Perutellf, MAI, SRA, FRICS BOISE, ID - Bradford T. Knipe, MAI, ARA, CCIM, CRE, FRICS NEWJERSEY COASTAL - HalvorJ. Egeland, MAI BOSTON, MA - David L. Cory, Jr., MAI, MRICS NEW JERSEY NORTHERN - Barry J. Krauser, MAI, CRE FRICS CHARLESTON, SC - Cleveland "Bud' Wright Jr., MAI NEW YORK, NY - Raymond T. Circ, MAI, CRE, FRICS CHARLOTTE, NC - Fitzhugh L. Stout MAI, CRE, FRICS ORANGE COUNTY, CA - Larry D. Webb, MAI, FRICS CHICAGO, IL - Eric L. Enloe, MAI, FRICS ORLANDO, FL - Christopher Starkey, MAI, MRICS CINCINNATI, OH- Gary S. Wright MAI, FRICS, SRA PHILADELPHIA, PA- Joseph D. Pasquarella, MAI, CRE, FRICS CLEVELAND, OH - Douglas P. Sloan, MAI PHOENIX, AZ - Walter 'Tres' Winius Ill, MAI, FRICS COLUMBIA, SC- Michael B. Dodds, MAI, CCIM PITTSBURGH, PA- Paul 0. Griffith, MAI, CRE, FRICS COLUMBUS, OH - Bruce A. Daubner, MAI, FRICS PORTLAND, OR - Brian A. Glanville, MAI, CRE, FRICS DALLAS, TX - Mark R. Lamb, MAI, CPA, FRICS PROVIDENCE, RI - Gerard H. McDonough, MAI, FRICS DAYTON, OH - Gary S. Wright MAI, FRICS, SRA RALEIGH, NC - Chris R. Morris, MAI, FRICS DENVER, CO- Brad A. Weiman, MAI, FRICS RICHMOND, VA - Kenneth L. Brawn, MAI, CCIM, FRICS DETROfT, M! -Anthony Sanna, MAI, CRE, FRICS SACRAMENTO, CA -Scott Beebe, MAI, FRICS FORT WORTH, TX - Gregory B. Cook, SR1WA ST. LOUIS, MO - P. Ryon McDonald, MAI, FRICS GREENSBORO, NC - Nancy Tritt, MAI, SRA, FRICS SALT LAKE CITY, UT- Darrin W. Liddell, MAI, CCIM, FRICS GREENVILLE, SC - Michael B. Dodds, MAI, CCIM SAN ANTONIO, TX - Mortyn C Glen, MAI, CRE, FRICS HARTFORD, CT - Mark F. Bates, MAI, CAE, FRICS SAN DIEGO, CA - Jeff A. Greenwald, MAI, SRA, FRICS HOUSTON, TX - David R. Dominy, MAI, CRE, FRICS SAN FRANCISCO, CA - Jan Kleczewski, MAI, FRICS INDIANAPOLIS, IN - Michael C. Lady, MAI, SRA, CCIM, FRICS SARASOTA, FL - Carlton J. Lloyd, MAI, FRICS JACKSON, MS - J. Walter Allen, MAI, FRICS SAVANNAH, GA - J. Carl Schultz, Jr., MAI, FRICS, CRE, SRA JACKSONVILLE FL - Robert Crenshaw, MAI, FRICS SEATTLE, WA -Allen N. Safer, MAI, MRICS KANSAS CITY, MO /KS - Kenneth Joggers, MAI, FRICS SYRACUSE, NY- William J. Kimball, MAI, FRICS LAS VEGAS, NV - Charles E. Jack IV, MAI TAMPA, FL - Bradford L. Johnson, MAI, MRICS LOS ANGELES, CA -John G. Ellis, MAI, CRE, FRICS TULSA, OK - Robert E. Gray, MAI, FRICS LOSANGELES, CA - Matthew J. Swanson, MAI WASHINGTON, DC- Patrick C. Kerr, MAI, SRA, FRICS LOUISVILLE, KY- Stacey Nicholas, MAI, MRICS WILMINGTON, DE - Douglas L. Nickel, MAI, FRICS MEMPHIS, TN -J. Walter Allen, MAI, FRICS CARIBBEAN /CAYMAN ISLANDS -James Andrews, MAI, FRICS MIAMI /PALM BEACH, FL - Scott M. Powell, MAI, FRICS Corporate Office 1133 Avenue of the Americas, 27th Floor, New York, New York 10036 Telephone: (212) 255 -7858; Fax: (646) 424 -1869; E -mail info @irr.com Website: www.irr.com irr �I!!� Addenda Comparison Addendum B Northeast 9th and 10th Avenue ®rr .0 ut N 0 0 CL a o t Q a o oa cL cLn w e� 7 O p iQ 41 c m CL m w W ix m O Q a in Q c M o �, c n c ¢ = a Q. o c ?" E Z a �n N O cu 7 co ` N V E E E 00 U N Ln Ln c cc R E O LL 41 2 E E c o E LL to C1 :3 + -C - v1 !'I L L £ O a u CL N E c c o0) U. U Ln U t O p CL Q C o. a n CL cc it � < Y R 4i CL a a E 1 W a a a U° C2 w m L n O N v W N � c � d ® O O CL N O. 1 d N 7m rq C *' d cc CL O 0 O a t H c o ( 'i Q C lrl �. ° s CL 4's Q w in 0 o u < w ° z Addenda USPAP Reporting Options The 2014 -2015 edition of USPAP requires that all written appraisal reports be prepared under one of the following options: Appraisal Report or Restricted Appraisal Report. An Appraisal Report summarizes the information analyzed, the appraisal methods employed, and the reasoning that supports the analyses, opinions, and conclusions. The requirements for an Appraisal Report are set forth in Standards Rule 2 -2 (a) of USPAP. A Restricted Appraisal Report states the appraisal methods employed and the conclusions reached but is not required to include the data and reasoning that supports the analyses, opinions, and conclusions. Because the supporting information may not be included, the use of the report is restricted to the client, and further, the appraiser must maintain a work file that contains sufficient information for the appraiser to produce an Appraisal Report if required. The requirements for a Restricted Appraisal Report are set forth in Standards Rule 2 -2 (b). Integra Reporting Formats under the Appraisal Report Option USPAP gives appraisers the flexibility to vary the level of information in an Appraisal Report depending on the intended use and intended users of the appraisal. Accordingly, Integra Realty Resources has established internal standards for three alternative reporting formats that differ in depth and detail yet comply with the USPAP requirements for an Appraisal Report. The three Integra formats are: • Appraisal Report — Comprehensive Format • Appraisal Report — Standard Format • Appraisal Report —Concise Summary Format An Appraisal Report — Comprehensive Format has the greatest depth and detail of the three report types. It describes and explains the information analyzed, the appraisal methods employed, and the reasoning that supports the analyses, opinions, and conclusions. This format meets or exceeds the former Self- Contained Appraisal Report requirements that were contained in the 2012 -2013 edition of USPAP. An Appraisal Report — Standard Format has a moderate level of detail. It summarizes the information analyzed, the appraisal methods employed, and the reasoning that supports the analyses, opinions, and conclusions. This format meets or exceeds the former Summary Appraisal Report requirements that were contained in the 2012 -2013 edition of USPAP. An Appraisal Report - Concise Summary Format has less depth and detail than the Appraisal Report — Standard Format. It briefly summarizes the data, reasoning, and analyses used in the appraisal process while additional supporting documentation is retained in the work file. This format meets the minimum requirements of the former Summary Appraisal Report that were contained in the 2012- 2013 edition of USPAP. On occasion, clients will request, and Integra will agree to provide, a report that is labelled a Self - Contained Appraisal Report. Other than the label, there is no difference between a Self- Contained Appraisal Report and an Appraisal Report - Comprehensive Format. Both types of reports meet or Northeast 9th and 10th Avenue ®r Addenda exceed the former Self- Contained Appraisal Report requirements set forth in the 2012 -2013 edition of USPAP. Integra Reporting Format under Restricted Appraisal Report Option Integra provides a Restricted Appraisal Report format under the USPAP Restricted Appraisal Report option. This format meets the requirements of the former Restricted Use Appraisal Report that were contained in the 2012 -2013 edition of USPAP- Northeast 9th and 10th Avenue l®r Addenda Information Addendum C Property ® Northeast 9th and 10th Avenue Addenda Page 1 O` 1 Pm;*ny J"ralsw ,h Cmitv Lceerten Address NE IOTH AVE 9 :y BOMTON @EACH Pare§ Caantml Nv mbQf 0843 A5.21-04�000.0080 4aalt&14$ laq WELLS ROBERT SVII IN O PICIA PeComs Book 26552 Pa3e 1629 Sale Dale JAN-2014 E,es1111 T, 0,crips ion ROBERT WELLS SUB L? 8 (LESS N 10 F7 RD RIW) G*mors MaHmg address RA?k'Atv'O,)& I UI1 N AL WVC1 C ALBER BS7YNTON UACH FL 3347'2 � Sales Vale PFE[a OR gook/Page Sale Type Owner JAN 014 't3 Vor] 26552 ,' 1629 4tARIZANT� MR) BAZYAN 2IAD y LIC€ 20i }k 51 r 22974 ,' 1336 WARR+APxn DEFI'Q PATTEk50N C1 MELA H ALK- G f'1 L' 12060 f 0S'S t QUIT CLAIM DFA ROSE IA I No Exemption InformaLlon Available, j °slumber W Urim Tutal 5s1ujN Fvesl 0 Acts C.1 779 C se Ci'de 0000 - VACAN7 Zoning R2 - Duplex i 08 BOYNTON BEACH 1 Tax Year 2013 2012 2011 Wptovement Valtte RO 50 SO Lasses "vakm 57,800 SG 528,81 L Total Maeket VaN,&. $7,800 $6,000 $26,81 '. Ali values are as af)aruar} 1st each year Tax °Maas 201 20112 ztT11 Asr'A5Se11 *ltlup $8,600 SG,000 S28,81 f. fxemp Oran>rmomw so $0 so Taxable %Wue S6,600 55,000 S28.81C Tax Year 1013 30122 2011 A.d ' Si 59 5136 $6S4 Pore Ad VA-mem SO Sa 50 Total ux S159 $136 y65A Nip: d /Awvv.pbagov.ocnVpapa/ Aspsl FYooertyDe (61)Ptoperty0elail.aspx ?parcel = 08434521040000080& 2 IAMM L Northeast 9th and 10th Avenue Addenda Page I of I Property' Appraiser i€lFS, �t t Ey e. Laacituo t Address 231 NE 9TH AVE Pa iln!t'3pa BOYNTON BEACH P,ircel cotil9ol Ntatan"r 0843.45- 21- 18 =(joo -165@ Subrli0tion ARDEN PARK ADD IN Official Records Book 26552 Page: 1606 5ale Date JAN 201$ LNOM r" Cn rtarah ARDEN PARK Ll 16S Ckwaors Mailing address SA ?. SAN ZJAD s 102 5f AC REST CT MAJJN1.4 ALUM COYNTON B(ACil EL 33435 Safe$ umo Place On ll"kIplry Sale Type Owner JAN 2014 510,000 26s5:- ,,' 606 WARRANTY DEED RAZYAN 21AD & MAY-2U08 5W ' 0792 L91ESTATF .uATI'fFd"5ON PAM VjAf. No Exemption Infnt -mauon AvailaWe- Nurr bet of units I 'Fatal 4clu.are teal 9SO Acr @s 0.1726 Use Code 0100 „ SINGLE FAMILY 20"ing R2 Duplex i 08- EOYPNTGN REACGti i TSN Year 2013 2012 2011 'tat? rov2.r:m9grlT Valut $24,561 S20,754 S2S,USS Land Vacae S7,PO() 56,000 S27,952 Taal Market VaWa S32,36) 526.754 SS3,907 All values are as of January 1 st each year Tax Year 201: 2012 2011 As5es.wd %laim -, ;29,429 526,754 553,907 Exe }mpiion ,user un: 50 5o SO ItiN able daWe 529.429 S26,T54 553,ft77 Tax Year 2D13 2UiZ 201 Ad Vatns errs 5690 S607 51124 Non Ad Vaiorern 5262 5262 $262 TSat aN tax 5952 $869 $1,4815 I 1ttll: ,'ftau��.plxgo�.ronlrpupar;�sps Propel't1'Uetai[ Prt�pert�Detail.atiFx:''r.IrLe1 11R43�53I1 2:4 2014 Northeast 9th and 10th Avenue ir. Addenda 1'a -e 1 of l Property Appralser t ��et�Ptu'T Location Address NE 1 OTH AVE uniclpality BOYNTON BEACH P"4r el Conmrol Nur bai 0$.43.45 °21.04.000 °0070 Snilaslmlrion WELLS ROBERT SUB IN o iciai R.ecoids RGA 26552 Eage 1623 Salty More JF.N-2014 Legal ov ROBERT WELLS SUB LT 7 (LESS N 10 PT RD RlW1 Owners Mailbag iiddress BAZYA', 2IAD & I OM N SL.Af RE$T 8i VD KUL LINES Al,B T GUYN t0IJ ELACHt L3347'2 sales Dale Price OR gook/pA Sol& Typf 0woner .JAN 2014 53,000 21;..552 { I G23 WARRANTY MED BAZYAN MID & 0( 2008 510 22974 :' 1331 WARRANTY P1 f > lATTF,REON PAME$ A H ALIC 2000 S l 0 : 2060 1 0571 QL117 CLAIM tDrAN W)SE TTA SEF 1965 17,1 so 04659 ,` 0681 WAR€ AM1V M..04 No Exemptiun Information Available. Number of Emits 0 "TcAal Squam Fee3 0 Acres 0.1775 lsse Code 0000 - VACANT Zr mng R2 - Duplex [ 08-80YNTON BEACH) Tax Year 7013 201Z 241 t nt1DS r Herat Velue 50 s0 SC Land Valm 17,900 sr-OU0 528,810 Total Mavket'°,alue ®7,,800 £6,000 $28,810 All values are as of January 1 st each year To Yeaar 2413 2012 2011 Assassad Value 56,600 sl , 5'28,830 E,yvt«rnpluan Ara'ioung so SO SIG TZ Xalslt VAIU,e $ $�S,000 $28,810 Tax Year 2m 2014' 2091 Ad Va[orcan S 15 5136 5654 Nor, Ad V al[a terl) $0 $0 50 Total kax SI51 SI36 5654 I1til ) :"(wu�u %Vs?Pror.f_1 P1•operl }Detail.aspx' ?parcei =08434 52 1 04... 2A`=1r?0 14 i , Northeast 9th and 10th Avenue Addenda r 2 FIX 26552 PG 1629 GS WMUMENT P Ids 9"1612614 jDa5ft3fi Palo Imemb county, rlorldA 8 7 3, 81 '5 JOG RD SPE 204 Doc Stamp 230 hOfhVN BEACH FL 'P ar a COMPTEGUM (Mb) N 3.1541 is f may 2 md 61 Y Of JIMM7 by FAMELA HARVEY 1EATIVIRSOK A 7 lo am w WITNZ9S I TIL 9w, bar 90 is 9cQ9dMLi0Q of t1 AND i Ig com ys 04 WaStas am &a Sname wl aw mom% kw ha.L, Un PAIN BEACH Cmty. Saeo ° Eft $4 R~ Walk AAA&0mo So do ., T b tic IN had iar Y, R, Pat '"*TM JS NOT NOW NOR HAS Mw T= nomurum ADumn Olp wE GRANTM 13 196 WMET ROYAL IrALN SSACH FL 3MI I.... TO HAVE ANDTO ROM on no" in - r° IN WMM e & c ®f sll e I #a a➢I pro 3T.a�14. e on WA & dq wW 7w fret 61W -- . . . L� IBtog. l i te ia6a 4t F FY, �tl;'d9,9 �8.3341f KUM WALmOmP iz, WW FOAM ARAM rt 3Um W A PA L&I REACH Mk horimi a fire = Zmd daya INWW, 2DJ4 by PAMELA HARVky tATTERWN who 6 PnmqnULk0axLm, me ON ' S EAL g ' NFkA N awy Nam fife lWa: d.7 ook26552 /Pa e1629 Rage 1 of ® Northeast 9th and 10th Avenue Addenda CFN 20140011043 Oft UK 26552 pG 1.623 TIES INSMUMENT PREPARED BYAND WIW2814 lftbi&49 Palo Beach Comfy. rlorldo AFFVCffTMESERVXM[NC ART 3,400.00 8I9iSJWRDSM2W Due Stoop 21 OOMN REACH FL 33472 I'awan I. 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PROM ft day and y"T Em ohm Wfiftn' wi I PATWIZIMISON 0) Imm 02 nun Iffi9 now, ROYAL PALM SLUX m 3m I I STAIR OF PLORIDA COUNITOPPAIMgMCH The lmwm iwxw=l w" adwwmw b RA, d& 2014 Pry PAMELA H AR RAUEox" FliMed NaA;j N%. Fk NO; 13-M 800k26552IPage1623 Page 1 of 1 Northeast 9th and 10th Avenue ®r Addenda CFN 20140011036 TH IS IK U ny m ReTuRN To. OR EX 26652 PO 3606 UMUM 8011V21114 16 , 53103 AR"rrY TITLE SERVICES ENC Palo County, ylw 1b S] s ,. WkftON BEACH F1.33472 Due stunp 7 jAW ° )N ° -�1 -1 1.43 soft ► 9' - dap afJoammaT, 2914 by PAMaA HARVLV PATIERSM A EE—w— k3w o Pm 177 I SS2TB. Tku 1 * VmOw JDF Rod in of MN THOUSAND AND MqGn d51 PALM BEACH Cawy. Swan of F", Lak Zs 15 NOW NOMOMIS ABDRW OF ME GRANTOR. GRAWFOR'S AIRDRM IS 0161 WALPGAF nVIff ROYAL PALM REACH FL 33411.... "F S udoHly W WE RRd COMW OW lands W Ors l mw-V owbaW io Docembe 31,201A. I N VMNESS WHEREOF, 91e day OM ym fin Rom m SkAQ4. saw "A defiverw in the of: r ] t4 9 �' a� e�,� sr.r�rxxtr �s�asa 9261* ST, ROYAL PALM F,3 11 STAIM V w COUNTY OF P ALM PA 7 N sl ` to . 3[114 by P AMELA ,of SEAL ; ow y , Flublic Flk Nn: 13494 Book265521Page1606 Page 1 of 1 11'f: Northeast 9th and 10th Avenue Addenda Comparable Addendum D Northeast 9th and 10th Avenue ®r Land Sale Profile Sale No. 1 1 on Property Identificati Property Name: 106 NE 3rd Avenue Sub-Property Type: Y e: Land: Multi-Family �`, P Address: 106 NE. 3rd Avenue. City /State /Zip: Boynton Beach, FL 33435 County: Palm Beach Market Orientation: Suburban a Property Location: SE corner of N Seacrest p u b Boulevard and NE 3rd Avenue (¢141J. IRR Event ID { 735607 ) MSA: Miami -Fort Lauderdale -Miami Sa le Informati Beach, FL Metropolitan Sale Price: $19,900 Statistical Area cff. R.E. Sale Price: $19,900 Legal/Tax /Parcel ID: 08-43-45-21-30- 003.- 0110;08- Sale Date: 01/15/2014 43- 45 -21 -30 -001 -0120 Sale Status: Closed Acres(Usable /Gross): 0.26/0.26 $ /Acre(Gross): $75,781 Land- SF(Usable /Gross): 11,438/11,438 $ /Land SF(Gross): $1.74 Usable /Gross Ratio: 1.00 $ /Acre(Usable): $75,781 Shape: Rectangular $ /Land SF(Usable): $1.74 Topography: Case Study Type: none Corner Lot: Yes Grantor /Seller: Sunshine Events, Inc. Frontage Feet: 140 Grantee /Buyer: Capital Partners of Palm Frontage Desc.: N Seacrest Boulevard Beach, LLC. Traffic Count: 10900 Assets Sold: Real estate only Zoning Code: R -2 Property Rights: Fee Simple Zoning Desc.: Residential Low Density % of Interest Conveyed: 100.00 Easements: No Financing: Cash to seller Environmental Issues: No Document Type: Warranty Deed Source of Land Info.: Public Records Recording No.: OR Book 26564 Page 898 Verification Source: MLS and public records Comments Verification Type: Secondary Verification This site is located on the southeast corner of North Seacrest Imp r ovement Boulevard and NE 3rd Avenue, in Boynton Beach. The properties sold on January 15, 2014 for $19,900, or $1.74/SF of land. This property consists of two parcels located on NE 3rd Avenue. 106 NE r l y Ir Land Sale Profile Sale No. 1 Comments (Cont'd) 106 NE 3rd Avenue ..r,r.` Land Sale Prof Ile Sale No. 2 Location & P r operty I I ti ��)lni °� nare �ua� of \t(1k Y7 s 7 ia� Property Name: S Seacrest Boulevard Sub - Property Type: Land Address: S. Seacrest Blvd. i City /State /Zip: Boynton Beach, FL 33435 E County: Palm Beach .11 011 Market Orientation: Suburban Property Location: N Side of 3rd Avenue just east of the intersection of SW 3rd Avenue and S Seacrest IVA Boulevard IRR Event ID ( 735634 i MSA: Miami -Fort Lauderdale -Miami Sa le Informati Beach, FL Metropolitan Sale Price: $40,000 Statistical Area Eff. R.E. Sale Price: $40,000 Legal/Tax /Parcel ID: 08- 43- 45 -28 -12 -002 -0140 Sale Date: 06/25/2013 Acres(Usable /Gross): 0.28/0.28 Sale Status: Closed Land - SF(Usable /Gross): 12,405/12,405 $ /Acre(Gross): $140,449 Usable /Gross Ratio: 1.00 $ /Land SF(Gross): $3.22 Shape: Rectangular $ /Acre(Usable): $140,449 $ /Land SF(Usable): $3,22 Topography: Level Corner Lot: No Case Study Type: none Frontage Feet: 80 Grantor /Seller: 5trock Enterprises, I.I.C. Frontage Desc.: SE 3rd Avenue Grantee /Buyer: HH Community Investment Fund Ifl, LLC. Easements: No Assets Sold: Real estate only Environmental Issues: No Source of Land Info.: Public Records Property Rights: Fee Simple of Interest Conveyed: 100.00 Comments Financing: Cash to seller Document Type: Warranty Deed This site is located on the north side of SE 3rd Avenue, just Recording No.: Or Book 26160 page 60 east of South Seacrest Boulevard. The property sold on June Verification Source: MLS and public records 25, 2013 for $40,000, or $3.22/SF of land. Verification Type: Secondary Verification Improvement and Site Data Seacr r ' 1" irrl Identificati 1�� Land Sale Profile Sale No. 3 Locat r Property Name: 407 SW 2nd Avenue � Sub- Property Type: Land Address: 407 SW. 2nd Ave. City /State /Zip: Boynton Beach, FL 33435 County: Palm Beach�� Market Orientation: Suburban° Property Location: North side of 2nd SW 2nd Avenue J ust west of the intersection of SW 2nd��`�`' AVenue and SW 3rd Street IRR Event ID (735641) MSA: Miami -Fort Lauderdale -Miami Sale Informat Beach, FL Metropolitan Sale rice: $25,O00 Statistical Area Eff . R.E. Sale Price: $25,000 Legal/Tax/Parcel ID: 08- 43- 45- 28 -11- 000 -0480 Sale Date: 05/17/2013 Acres(Usable /Gross): 0.18/0.18 Sale Status: Closed Land- SF(Usable /Gross): 7,980/7,980 $ /Acre(Gross): $138,889 Usable /Gross Ratio: 1.00 $ /Land SF(Gross): $3.13 Shape: Rectangular $ /Acre(Usable): $138,889 Topography: Level $ /Land SF(Usable): $3.13 Corner Lot: No Case Study Type: none Frontage Feet: 60 Grantor /Seller: Larann, LLC. Frontage Desc.: SW 2nd Avenue Grantee /Buyer: Joseph Phanor Easements: No Assets Sold: Real estate only Environmental Issues: No Property Rights: Fee Simple Source of Land Info.: Public Records of Interest Conveyed: 100.00 Financing: Cash to seller Comments Document Type: Warranty Deed Recording No.: OR Book 26029 Page 114 This site is located on north side of SW 2nd Avenue, just west Verification Source: MILS and public records of SE 3rd Street, in Boynton Beach. The property sold on May Verification Type: Secondary Verification 17th, 2013 for $25,000, or $3.13 /SF: Improvement and S Data 407 SW 2nd Avenue �t Loca tion r Identification J J 1 1 Land Sale Profile Sale No. 4 Property Name: 518 NW 11th Avenue Sub- Property Type: q rt r � e: Land: Multi - Family { Address: 518 NW. 11th Ave. i �U �`'.S', a N 4 ft{ x "tI44 ,44 City /State /zip: Boynton Beach, FL 33435 � County: Palm Beach ,w 'tdt7 fi *4�Iq� Market Orientation: Suburban Property Location: South side of NW 11th Avenue just west of the , '' , ' ° :' � �'�` ,� 44',4t 4 II � intersection of NW 11th 44 €t��tr� ��ati� 11' °` Avenue and NW 4th Street Lat. /Long.: 26.536894/ - 80.070686 IRR Event ID ( 735649 ) MSA: Miami -Fort Lauderdale -Miami Sale Info rmati on Beach, FL Metropolitan Sale Price: $5,000 Statistical Area Eff. R.E. Sale Price: $5,000 Legal/Tax /Parcel ID: 08- 43- 45 -24 -14 -000 -2910 Sale Date: 08/01/2012 Acres (Usable /Gross): 0.10/0.10 Sale Status: Closed Land- SF(Usable /Gross): 4,242/4,242 $ /Acre(Gross): $51,335 Usable /Gross Ratio: 1.00 $ /Land SF(Gross): $1.18 $ /Acre(Usable): $51,335 Shape: Rectangular Topography: Level $ /Land SF(Usable): $1.18 Corner Lot: No Case Study Type: none Frontage Feet: 40 Grantor /Seller: The Bank of New York Mellon Frontage Desc.: NW 11th Avenue Grantee /Buyer: Eugalyn Wilson Zoning Code: R -2 Assets Sold: Real estate only zoning Desc.: Multi Family Low Density Property Rights: Fee Simple Easements: No % of Interest Conveyed: 100.00 Environmental Issues: No Financing: Cash to seller Utilities: Electricity, Water Public, Telephone Document Type: Warranty Deed Source of Land Info.: Public Records Recording No.: OR Book 25438 Page 161 Verification Source: MLS and public records Comments Verification Type: Secondary Verification This site is located on the south side of NW 11th Avenue, just Improvement and S ite west of NW 4th Street, in Boynton Beach. The property sold on August 1, 2012 for $5,000, or $1.18/SF. SIB NW 11th Avenue Addenda Addendum E Engagement Letter Northeast 9th and 10th Avenue r Addenda �:o-6e�,�. kr�6:yke,"arrce =. PmC .a..o tlsrn�s.r" '4:wox °e �r�e u'. ` }au3rp�rd 63�a3_ Y3;�w "fin 'Rew�i,rR C�rrte,yyu 1z3_n �ediknf yway, x' rle;•9;r•Ye 3, trk. ft "3�PoA;� Se. rc^^ �a� MrsM4a, FL 33L$f, a ; a�Yi, rk. 8A55�� www.��ccoro i3c5, 6eu 67ml ;3'418k7 1 - 'aM° {1'871 ✓a3C31 January 30, 2014 Theresa Utterback Administrative Services Manager Boynton Beach CAA 710 North Federal Highway Boynton Beach, FL 33495 Re: City of Boynton Beath CRA 231 Northeast 9"' Avenue Lot 7, Northeast 10 Avenue Lot B. Northeast 10' Avenue Appraisal Proposal pear Ms. Utterback: Thank you for the opportunity to submit the following proposal. The properties being appraised are located on Northeast 9`" and 10"' Avenues, Boynton Beach, Florida. Our proposed fee for the appraisal of this property is $1,675. We have estimated that we can have this assignment completed in approximately one week from your notice to proceed. The properties will be appraised within one narrative report, with the various values allocated to the individual properties. The effective date of the appraisal wRI be as of the current date. The client will be the City of Boynton Beach CRA and the intended use is for a potential acquisition. Accordingly, the appraisal report will be addressed to the Boynton Beach CRA and will conform with the Uniform Standards of Professional Appraisal Practice {USPAP], the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute and applicable state appraisal regulations. The appraisal report shall be soWy for the use and purposes described In this paragraph unless we provide our prior written consent. We also agree to be bound by the specific terms as required by Boynton Beach as detailed on the following page. If this proposal is acceptable, please authorize us to proceed by executing this letter agreement where noted below and returning one copy to the undersigned, should you have any additional questions, please do not hesitate 10 contact me. Thank you for considering this firm for your appraisal needs. Sincerely, Harry C. Newstreet, MAI State- Certified General REA #822278 Director - Broward Phnne:772- 463 -4131 Email: hnewstreet @irr.com , '' 1I Accepted. - Date: .. I. Northeast 9th and 10th Avenue Addenda QnteFc� �ese2Y r`esoa�tes M�,�ui r.nwr� 4a�art 44WI Ra k�and'�rio-�i. 533dW W—K,j ct='te' 0, a,95 rede'd1I y PH i M, orhv:J atach rt �?442 Ua XI r,` +Z— 't33k35 5tLat', f6349 4 www nr com 4,:$ 41�T. Public Records The Boynton Beach Community Redevelopment Agency is public agency subject to Chapter 119, Florida Statutes- The Contractor shall comply with Florida's Public Records law. Specifically, the Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost ihat does not exceed that provided in chapter 119, Fla. 5tat., or as otherwise provided by law; I Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this agreement/contract shall constitute a Default and Breach of this Agreement. if Contractor fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement. Northeast 9th and 10th Avenue i PURCHASE AGREEMENT Page 1 of 14 PURCHASE This Purchase Agreement (hereinafter "Agreement ") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA ") and ZIAD BAZYAN and ALBERT MILLINES (hereinafter "SELLER "). 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 CRA and CRA 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: PNC #08- 43- 45- 21 -18- 000 -1650 — Lot 165, of Arden Park Addition to Boynton Beach, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, as recorded in Plat Book 2, Page 96. PNC #08- 43- 45 -21 -04 -000 -0070 — Lot 7, less the North 10 feet, of Robert Wells Addition to the Town of Boynton, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, as recorded in Plat Book 11, page 66. PNC #08- 43- 45 -21 -04 -000 -0080 — Lot 8 of Robert Wells Addition to the Town of Boynton, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, as recorded in Plat Book 11, Page 66. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Fifty Seven Thousand and 001100 ($57,000.00) Dollars, 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 Purchaser and Seller CRA shall deliver to Lewis, Longman Ziad /Millines -231 NE 9'h Ave PURCHASE AGREEMENT Page 2 of 14 & Walker, PA ( "Escrow Agent ") a deposit in the amount of One Thousand Dollars ($1,000.00) Dollars (the "Deposit "). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: T he Deposit shall be delivered to SELLER at Closing and the CRA 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 CRA. 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. CRA 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 CRA 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, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs 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 effective date of the Purchase Agreement is the date that the Escrow Agent receives the Escrow Deposit and Escrow Agent executes the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before Twenty (20) 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 CRA, by General Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions "): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights -of -way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. The CRA, and its designees shall have up to forty -five Ziad /Millines -231 NE 9 1h Ave PURCHASE AGREEMENT Page 3 of I4 (45) days from the Effective Date of this Agreement ( "Feasibility Period "), at CRA'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 CRA may deem necessary. During this Feasibility Period, CRA may elect, in CRA's sole and absolute discretion, to terminate this contract and receive back all Deposits hereunder. If CRA elects to terminate this Agreement in accordance with this Section, CRA 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 CRA's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA's testing and investigation. CRA 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 CRA (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 CRA's investigation of the Property. However, CRA's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and CRA does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold CRA 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 SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Title Review Within twenty (20) days of the Effective Date, CRA shall obtain, at the CRA's expense, from a Title Company chosen by CRA (hereinafter "Title Company "), a Title Commitment covering the Property and proposing to insure CRA 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. CRA 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 CRA has to the condition of title (hereinafter "CRA Title Objections "). If CRA fails to deliver the CRA 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 CRA timely delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the CRA Title Objections (hereinafter "Cure Period "). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of CRA, then CRA, in CRA'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, or (ii) accepting the Title Ziad/Millines -231 NE 4 th Ave PURCHASE AGREEMENT Page 4 of 14 to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to CRA and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, CRA 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, CPA 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. CRA, at LRA'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 DELVEIES SELLER shall deliver to CRA 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' possession or control with respect to the physical condition or operation of the Property, if any. 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 CRA any and all documents and instruments required by CRA, in CRA's sole and absolute discretion, which: (i) effectuate the transfer to CRA of those Governmental Approvals, or portions thereof which are applicable to the Property, that CRA desires to have assigned to it, and/or (ii) cause the Ziad /Millines -231 NE 9 Ave PURCHASE AGREEMENT Page 5 of 14 Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the Governmental Approvals (including but not limited to any and all portions of the surface water management system, mitigation areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. 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. 8. CONDITIONS TO CLOSING. CRA 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 CRA 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. 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 CRA. 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 CRA at time of closing unoccupied. The SELLER hereby warrants that there are no tenants on the property. 9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to CRA the following documents and instruments: 9.1. Deed. A Warranty Deed (the "Deed ") conveying to CRA 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 CRA 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 CRA a non - foreign affidavit Ziad /Millines -231 NE 9 Ave PURCHASE AGREEMENT Page 6 of 14 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 CRA and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which CRA 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 CRA or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRO RATIONS, 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. CRA 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 CRA. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes CRA 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 CRA. 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. CRA shall be responsible for all documentary stamps on the deed, recording the deed and half of all general closing expenses (settlement fee, courier fees, Ziad/Millines -231 NE 9 1h Ave PURCHASE AGREEMENT Page 7 of 14 overnight package, etc.). SELLER is responsible for their own legal fees. All other costs of closing shall be borne by CRA. 10.5 Closin2 Procedure. CRA shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and CRA (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 CRA, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 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. Seller's Representations and Warranties. To induce CRA 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, CRA 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 CRA 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 Land. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or Ziad /Millines -231 NE 9 1h Ave PURCHASE AGREEMENT Page 8 of 14 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 CRA'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 CRA, which consent shall not be unreasonably withheld or delayed. 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_ 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 forty-five (45) day Inspection 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 Land 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 Land or any part thereof or which would otherwise relate to the Land. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Land 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 SELLER represents to CRA that the Land is not subject to any deed restrictions or declaration of restrictions running with the Land which would affect the use of the Land and all title matters to which SELLER's property is subject to is set forth on Exhibit 11.10 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 Land. Ziad/Millines -231 NE 9 th Ave PURCHASE AGREEMENT Page 9 of 14 11.11 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. 11.12 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). 11.13 Additional Warranties and Representations of SELLER. As a material inducement to CRA entering into this Agreement, SELLER, to the best of SELLER'S information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi- governmental authority, including but not limited to, CRA, 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. 11.13.2 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 CRA herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11. 13.3 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. L CRA's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of CRA, 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 CRA 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 CRA shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults, Ziad/Millines -231 NE 9 th Ave PURCHASE AGREEMENT Page 10 of 14 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. CRA and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 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 untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, CRA may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event CRA 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 12 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: Ziad Bazyan and Albert Millines 1005 N. Seacrest Blvd. Boynton Beach, FL 33435 If to Buyer: Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 With a copy to: Kenneth Spillias Lewis, Longman & Walker, PA Ziad /Millines -231 NE 9 1h Ave PURCHASE AGREEMENT Page 11 of 14 CRA Attorney 515 North Flagler Drive Suite 1500 West Palm Beach, FL 33401 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 CRA, which shall not be unreasonably withheld. CRA shall have the right to assign this Agreement to the City of Boynton Beach (the "City ") without the prior consent of SELLER and the CRA shall be released from any further obligations and liabilities under this Agreement. The CRA may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 15. BROKER FEES The SELLER and BUYER hereby state that they have not dealt with a real estate broker in connection with the transaction contemplated by this Agreement and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the CRA 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 any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16. 1.1 As a material inducement to CRA 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 regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER'S knowledge. Ziad /Millines -231 NE 9'h Ave PURCHASE AGREEMENT Page 12 of 14 (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. CRA 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 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. Ziad/Millines -231 NE 9 th Ave PURCHASE AGREEMENT Page 13 of 14 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 A reement. 1'he 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. 18.6 Handwritten Provisions Handwritten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver of Jury Trial As an inducement to CRA agreeing to enter into this Agreement, CRA 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. Ziad/Millines -231 NE 9 th Ave PURCHASE AGREEMENT Page 14 of 14 18.9 Binding Authority Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA 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 be recorded in the Public Records of Palm Beach County, Florida. 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 CRA'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. Ziad/Miilines -231 NE 9 Ave PURCHASE AGREEMENT Page 15 of 14 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BOYNTON BEACH COMMUNITY REDEVELOPMENT SELLER AGENCY Icy: Print Name: Jerry Taylor Print Name: Ziad Bazyan Title: Chair Date: Date: Witnesses: Witnesses: Witnesses: Witnesses: 11K94PU LI F Print Name. Albert Millines Date: Witnesses: d itesss: f ESCROW AGENT Lewis, Longman & Walker, PA By: Print Name: Ziad/Millines -231 NE 9 Ave F � v tS t�2 " , I 1 ,: l _.. s N r t ' CRA BOARD MEETING OF March 12, 2014 L erns t� n I I 1 usin s� I� s s` cgs I Legal I I Exec utive Director's Report SUBJECT Consideration of Purchase Agreement between Louis Massry and the CRA for the Property located at 913 N. Seacrest Blvd, SUMMARY Louis Massry is the owner of 913 N. Seacrest Blvd. This lot is located at SE corner of the Sara Sims Park. See attached map. If the CRA Board approves the purchase of this property, the CRA will demolish the existing building and transfer title to the City so that it can become part of Sara Sims Park. An appraisal on the property was obtained on January 27, 2014 and is attached. Based on the appraisal and discussions with the Seller's attorney, James C. Brady, the CRA has made an offer of $45,000. Seller's attorney has verbally confirmed the acceptance of the offer and if the CRA Board approves the Purchase Agreement he will have it executed by the Seller. See attached Purchase Agreement. SA : $45,000 Budget Line Item #02 -58200 -401 CRA LAN, PROGRAM OR PRO Heart of Boynton Community Redevelopment Plan RECOMMENDATIONS /OPTIONS: Approve the Purchase Agreement between Louis Massry and the CRA for the Property located at 913 N. Seacrest Blvd. in the amount of $45,000.00 Vivian Brooks Executive Director lls Vv o 1p- �r _ p - ll$ s nt v zo; 1 ` cc i G r �t j r sr � I t t. APPRAISAL T (APPRAISER FILE, 14-0060) F RESIDENTIAL LAND FORMER FARM STORE PROPERTY 913 N SEACREST BLVD BOYNTON BEACH, FLORIDA FOR Boynton Beach Community Redevelopment Agency Boynton Beach, FL AS OF January 27, 2014 AUCAMP, DELLENBACK APPRAISERS & CONSULTANT February 10, 2014 Ms. Vivian Brooks Boynton Beach Community Redevelopment Agency 710 N Federal Highway Boynton Beach, FL 33435 Appraisal of Real Property Former Farm Store Property 913 N Seac rest Blvd Boynton Beach, Florida 33435 (Appraiser File: 14 -0050) Dear Ms. Brooks: As you requested, I made the necessary investigation and analysis to form an opinion of value for the above referenced real property. This report is an appraisal of the property. To assist Boynton Beach CRA in to assist in making business decisions regarding this property, this appraisal provides an estimate of market value for the fee simple interest in the subject real property in its "as is" condition. This report is written in APPRAISAL REPORT format. As of January 1, 2014, USPAP permits appraisers to provide an Appraisal Report format for this type of assignment and no longer contains provisions for a Self - contained Report or Summary Report format. This appraisal assignment and report have been prepared in accordance with requirements of the Uniform Standards of Professional Appraisal Practice ( USPAP) developed by the Appraisal Standards Board of the Appraisal Foundation, with the appraisal requirements of Title XI of the Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), with the Interagency Appraisal and Evaluation Guidelines of 2010, with the Appraisal Institute's Code of Professional Ethics and Standards of Professional Appraisal Practice, and with requirements of the State of Florida for state - certified general real estate appraisers. The subject is located N Seacrest Blvd within the municipality of Boynton Beach, Palm Beach County, Florida. The site consists of 10,215 square feet (SF), or 0.23 acres, and is zoned for residential uses, and the zoning regulations permit one single- family unit on this site. In 1964, the subject was improved with a one -story commercial building containing 408 SF. The building resembles a Farm Store type of building with a covered car drive -thru lane on the east and west sides of the building. The building has been vacant for an amount of time that disqualifies it for continued commercial use, per a planning and zoning official with the City of Boynton Beach. A commercial use of the property is no longer permitted. The subject's site size is sufficient to allow a single - family home to be built on the site under the current zoning regulations. 3998 FCC?'BOULEVARD, SUITE 3 0 0, E OCA RATON, FLORIDA 3343 561 -998 -9325, FAX 561- 241-4759 Ms. Vivian Brooks February 10, 2014 A significant contribution was provided by Michael Brubeck, State - certified Residential Appraiser RD6862. He researched and verified, as much as possible, the residential lot sales and listing. After careful and thorough investigation and analysis, I estimate market value for the fee simple interest in the subject real property in its "as is" condition, subject to assumptions and contingent and limiting conditions as well as any extraordinary assumptions and hypothetical conditions, as explained in this report, as of January 27, 2014, is: EIGHTEEN THOUSAND DOLLARS ($98,000) Aucamp Dellenback & Whitney not performed services concerning this property during the past three years, Thank you for this opportunity to assist in meeting your appraisal needs. Respectfully submitted, A Douglas Whitney, MAI State- certified General Reel Estate Appraiser RZ1062 A DELLENBACK WHITNEY File x'14 -0464 C)PI"i NI'ENTS . . ......................... ................................. - - - - - - ------------------------------------------ TABLE OF CONTENTS PART 1- INTRODUCTION I TITLE PAGE • LETTER OF TRANSMITTAL 2 TABLE OF CONTENTS 4 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS 5 LOCATION MAP 7 SUBJECT PHOTOGRAPHS 8 SCOPE OF WORK 10 NS 12 NEIGHBORHOOD 12 SUBJECT PROPERTY 14 HIGHEST AND BEST USE 18 VALUATION PROCESS 19 SALES COMPARISON APPROACH ERROR! BOOKMARK NOT DEFINED.20 RECONCILIATION AND FI NAL VALUE CONCLUSION 30 NORMAL MARKETING PERIOD AND REASONABLE EXPOSURE TIME 31 PART 3: ADDENDUM 32 CERTIFICATION 32 CONTINGENT AND LIMITING CONDITIONS 34 HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS 37 DEFINITIONS 38 ENGAGEMENT LETTER 41 APPRAISER QUALIFICATIONS AND LICENSE 42 AUCAMP, ELLEN C". & WHITNEY 4 File 414-0060 SUMMARY OF WPORTANT FACIS AND CONCLUSIONS SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS REPORT TYPE Appraisal Report PROPERTY TYPE Land LOCATION 913 eacrest Blvd, Boynton Beach, Florida 33435 REPORT DATE February 10, 2014 VALUATION DATE January 27, 2014 INTENDED USER Boynton each CRA INTENDED USE To assist in to assist in making business decisions regarding this propsrty SITE 10,215 SF or 0.23 acres IMPROVEMENTS Commercial building with 408 SF constructed in 1964 OCCUPANCY Vacated ZONING Multi-family Residential (R3) by Boynton each CENSUS TRACT 61 FLOOD ZONE C, insurance is typically not required in this zone HIGHEST AND BEST USE As Vacant: Immediate development of a single-family home As Improved: Immediate redevelopment of a single-family home NORMAL MARKETING PERIOD Twelve months or less REASONABLE EXPOSURE TIME Twelve months or less ASSIGNMENT OVERVIEW The current improvements are not permitted and are not allowed to be utilized. The only permitted use of this site is a single-family residence. The sales comparison approach provides the only indication of market value, AUCAAIP DEIA.ENBACK & W`T11TNEY 5 File #14-0060 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS VALUE INDICA71ONS J�nal sis I Cost N/A Sales Comparison $18 Income Capitalization N/A Reconciled Market Value $18,000 ACA & WHITNEY 6 File #14-0060 _ __ ----- .___ ---------- — ----- ___ ----- , . -------- ._- ----- -------- _ ________________ .._. ---- 9_ A ON MA LOCAT MAP 0 F Lak, Pla ml I Port St Lucre HlcaJ,a to au :;ka�Llvrb:n I Stuart 3`�S' aretkrru3J R�d4r. 5 , HoGc SwuJ I ?9e tB lod.ait:ucvu .harlotte t td nAut:c Palk Jupiter a: rS 75L MULt1L H vess G,,tlukeu P.lm Beach Gardens d3 L,I CcUL ar; Cli•N'iy[UI, YOU Rvlera Beach North la t Myers AN, Royal Palm Beach West Palm Beacr 001. Oddr 9 s ' a 1ort Myers n t L�II�uLHLS�s SUBJECT `i . Lake Warm Cape Coral k „ Boy Beach Sur. Ca,kn Park "0 iuyrh, rennukalcL • ?Delray Beach tlunl4 409 Sp.slys 4HOca Raton " Coral Springs oeer{ield Beacn Tamarac Pompano Beach Lauderdale Lakes Naules e ' ` 27 Plantation i Fork Lauderdale Cociper City paver Dame 21 Hollywood t;larcu Muama• HaRandare Beare r W • ,� s � et Dann +a. lral. E sar Care: City No;•IRlan+' aca:4, Hialeah ,, mlarkil Coral Gables Kendall a v.s Cutler iircige 1 axt Homestead i .. ................ m _. A UCA M P , WHITNEY 7 File #14 -0060 SUBJECT PHOT OGRAPH S SUB t ii yyc' S rr t ,7 } , i y4 r,' t.;a 1} �� t111�1 41l ``. r S irh)ilf t r Il aVP i1a11��y � knd J hiy,si� it VV II ti { yr� ;•f)" U�'*�s �� > sir{ � �• ; � � e } 4� �'. t l �t�� ; r ,r �! ��a" � 4'4v y ly `` „� ; � r � Bird's eye view of subject (outlined) ,g tt t n Facing subject's east (front) and south elevations from N Seacrest Boulevard AUC 8 P, UELLENBACK ITEM File #14 -0060 6 tl f � 1 x t it SUBJECT PHOTOGRAPHS .�M 1 Facing subject's west (rear) and north elevations momm 14, Yy „f z f£ 4 s , � uo «,� r �M am M ( � � r � - �7 5 }�£}� �tifi � t •'a£�£ }�� £ ft t(( �is�, �} � 1 � }t 1�I 4 Facing north along N Seacrest Boulevard with subject at left AUCAMP DELLENBACK & WHITNEy 9 File Al 4 -0060 ........... .. --- ............... S "' 0 P E - 1 'C' FVV0 R K ---------- . .. . . ................ SCOPE OF WORK Appraisal Purpose, To estimate market value in "as is" condition Interest Appraised: Fee simple interest Client. Boynton each Community Redevelopment Agency Intended User: Boynton each C Intended Use: To assist in making business decisions regarding this property Report Format. Appraisal Report Inspection Date: January 27, 2014 Effective Date. January 27, 2014 Report Date: February 10, 2014 Competency Rule: I had the knowledge and experience necessary to complete this assignment competently at the time of its acceptance Definitions. Shown in the addendum of this report Hypothetical Conditions: None Extraordinary Assumptions: one Valuation Approaches: The sales comparison approach provides an estimate of market value based on an analysis of comparable property sales. Other: Douglas Whitney inspected the readily accessible areas of the subject site and improvements, performed the research and analysis, and wrote this report. SU fte–GUEME Name: Former Farm Store Property Address: 913 N Seacrest Blvd, Boynton Beach, Florida 33435 Location: The subject is located along the west side of N Seacrest Blvd and north of Boynton each Blvd within Boynton Beach, Palm each County, Florida Legal Description Lots 132-134, less 20' return curve area road right-of-way, and Lots 135 to AIJCAMP, DELLL K & WHITNEY 10 File 914-0060 . . . . ........................... . ............ ___ . ................................. . . ...................... . ............ a. .... I . ........................... 138, Block D, Plat Book 4, Page 51 (Source. Palm each County Property Appraiser) Current Owner: Louis Massry (source: Palm each County Property Appraiser records and Tax Deed) Ownership History: The subject was purchased via a Tax Deed on June 1, 2008, by Lojus Massry for $35,000. The property does not appear to be listed on the open market for sale. Items Received: I requested but did not receive a survey or any other pertinent information. Market Data Sources: CoStar Realty (subscription service), LoopNet.com (subscription service), Multiple Listing Service (subscription service), PwC Real Estate Investor Survey (subscription service), published reports from national brokerage Firms, Real Quest (subscription service), Site-To-Do-Business (subscription service), Floodmaps.com (subscription service), RealtyRates.com (subscription service), Marshall Valuation Service (subscription service), local county property appraiser's records (public records), Circuit Court recordings (public records), and appraisal files in this office Types of Data: Residential lot sales and listings as well as single-family home prices Geographic Area Primary: Boynton Beach; secondary: Palm Beach County tertiary: South Florida Verification: Sales were verified by a party to each transaction, unless otherwise noted AUCAMP, DELLENBACK & W1111E NE-Y Re #14-0060 PART 2. DESCRIPTIONS ANALYSES AND VALUE CONCLUSIONS . .......... . .... ................. __ .................... . . . . ......... _ ............. . .................. .", ............... 111111111-11 ...... . . ........ 11111111-11", ............ . . - . ............. ''-" ............... 11-1-1-1111 ................. ................... __ - - — __-_ - . ................ NEIGHBORHOOD The subject is located along the west side of N Seacrest Boulevard, between NW 8 Avenue and NW 9" Avenue within the City Limits of Boynton Beach, Florida. The subject neighborhood is the N. Seacrest Boulevard corridor extending north from Boynton each Boulevard to the Boynton Beach Canal above NW 13 Avenue. The neighborhood had been fully developed, but older buildings have been razed and the neighborhood is currently about 80% built -out. It is in a revitalization phase of a typical neighborhood life cycle. The subject neighborhood has good transportation links, Boynton each Boulevard is an east- west arterial road with linkage to Interstate-95 (1-95) and the Florida Turnpike. N. Seacrest Boulevard is a north-south collector road in Boynton Beach. Martin Luther King Jr. Boulevard is an east-west collector road in the neighborhood. Uses along the subject corridor include religious facilities, a child care facility, single-family homes, a barber shop and a convenience store. Development within the neighborhood was generally built between the 1940s through the 1960s. Properties are generally maintained in fair to average condition. Several blocks have vacant lots. Habitat for Humanity is building single-family homes on a block of vacant lots in the neighborhood along N Seacrest Boulevard. A retail store is considering a location in this neighborhood. The neighborhood is part of a large Boynton each Community Redevelopment Agency (C RA) area The CRA has been active in purchasing properties and encouraging redevelopment activity. The neighborhood is also part of the Transportation Concurrency Exception Area (TCEA) for which the City departs from conventional transportation planning and engineering requirements so as to favor redevelopment. The subject neighborhood had begun to exhibit some evidence of revitalization until the downturn in the local economy. Several properfies in the neighborhood are improved with buildings that are nearing the end of their economic lives or they are under-utilized by existing buildings; they are candidates for redevelopment once local market conditions improve. Most of the residential uses in the immediate area consist of single-family homes with sale prices during the past 12 months ranging from $23,500 to $230,000, per MLS. The average price is $90,806 and the can price is $77,750. Average days-on-market have been less than four months, and mean days-on-market have been less than two months. For homes built in 2000 or after, the prices have ranged from $89,000 to $179,000, the mean has been $126,200 and the median has been $100,000. Demographic data within a 1 -mile, 3-mile, and 5-mile radius of the subject property, as well as the county and state are summarized in the following chart. The data suggest residents within one mile are mostly low-income families in low-priced homes. Population growth is expected to be minimal. AlUCAMP, DFLLENBACK & W11ITNEY 12 File 14 -0060 NEiGHBORHOOD DEMOGRAP Source. ESRI, 2013 figures Item 0.5 Mile 3 Miles 5 Miles PB County 15 rl a Population 3,844 86,329 183,679 1,341,583 19,203,613 Projected Ann. Rate ('13 -'18) 0.37% 1.06% 0.89% 0.97% 0.99% Median HH income $25,982 $42,174 $44,804 $50,748 $44,894 Households (HH) 1,153 36,892 78,421 670,419 9,147,028 Average HH Size 3.02 2.31 2.32 2.40 2.48 Median Age 35.4 43.2 45.5 44.5 41.5 Owner Occupied Units 44.3% 49.9% 54.4% 56.2% 53.3% Median Home Value $101,112 $133,695 $149,725 $180,939 $146,723 NEIGHBORHOOD AERIAL M i ' ! 4��, � �- � F � � � �� a �.1` 1 ;r 1 • i f y r n i r r I . a 2— 1�r� �g�� 1 �l� 1 7 I i ^ T A� ` a mn, U CT 00 X 0, s 0 �7 mp�� to rGV i��l��s ppp �IaG ms 1? � M �`d-J , ii s1�.�" K �e + Mir to xlv r ; No- �I gill 09 U "" ° ➢ �' x' (, A a o- s 1, r i AUCAMP, DELLENBACK & WHITNEY 13 File 14 -0060 E3,J E C T IP' 11�1 11 1 F?' i�D P E "', I .......................... . SUBJECT PROPERTY This section addresses physical characteristics of the site and improvements plus other factors, such as zoning and taxes. Our analysis and conclusions for these features are included at the end of this section. Site Features Adjacent Uses: North: Vacant lot East: Church across N Seacrest Blvd West: Vacant land South, Vacant lot Size: 10,215 SF or 0.23 acres (source: Palm each County Property Appraiser) Shape: Generally square Dimensions: 92' frontage by 101'depth Frontage: N Seacrest Blvd Topography: Generally flat and above street grade Surface: Vacated building Soils: No soils analysis report was available. Soils appear to be sandy typical of the area; I assume the site has no adverse conditions. Hazards: An environmental site assessment report was not provided, I assume the site has no adverse environmental conditions, Utilities: Public water and sewer service as well as electricity and communication services Easements: A survey was not available drainage and-or utility easements likely are located along the perimeter, typical of the area; no easements appear to unusually restrict development, Encroachments: A survey was not available no encroachments were readily apparent during the site inspection; I assume the site has no encroachments, Census: 61 (source: floodmaps.com) Flood Zone: C, Community-Panel: 120196-00040, dated September 30, 1982; insurance is typically not required in this zone (source: floodmaps.com) Land Use Plan High Density Residential (H DR) by Boynton Beach AITC -AMP, DELLENBACK & WFII'I'NEY 14' He 914-OG60 'FR SUBMECI PROPE Mtr' . .... . ................... ... . .. . . ......... Zoning Multi-family Residential (R3) by Boynton Beach. This district permits residential improvements at a density of three units per acre. The minimum lot size is 4=0 SF, and the minimum lot frontage is 100'. A single-family home is permitted on the subject lot. The subject is improved with a commercial building that has been vacated. The City's zoning code prevents such non conforming commercial uses from continuing if vacated for an extended period of time. A City official reported the subject's improvements are now illegal and only residential use is permitted. ?axes: The County's Property Appraiser establishes assessments annually. The millage rate is the amount paid to each taxing body for every $1,000 of assessed value. Millage rates applied to properties in this neighborhood are for the state, county, city, and special districts. In addition, property owners are obligated to pay non-ad valorem taxes. The 2013 millage rate was 22,6922. The subject's assessed value is much more than the value conclusion in this report. The property was conveyed via a tax deed in June 2008 to the current owner. Certificates for unpaid taxes have been issued for 2012 and 2013 taxes. The following chart shows the assessments and taxes during 2012 and 2013, Pro ert Year: 2013 Year, 2012 Parcel ID or orient ssessment Taxes Assessment I axes 08-43-45-21-07-004-1330 Land $30,639 $30,639 Improvements $25,063 $24,010 Total $55,702 $1,814 $54,649 $1,787 Site Irrigrovements Access: The site has access along N Seacrest Blvd, a curbed median has a break in front of the subject property Parking: Asphalt- and concrete-paved vehicular drive and parking areas Curbing: one Walkways: Concrete Drainage: Positive drainage away from improvements; site drains to street right-of- way AUCAMP, LL C, & IVHII'NEy 15 File #14 -0060 3UBJE—T PROPERTN' .. . ................. "-"-. .............. Landscaping: Minimal with trees, shrubs, and grass Lighting: None Enclosures: None Street Right-of-Way: Concrete sidewalks, concrete curbing, storm water catchment basins, and overhead lighting Bufld1ng_LmnLQyements In 1964, the subject was improved with a one-story commercial building containing 408 F. The building appears to have been used most recently as a Farm Store type of building. It has an enclosed central section with 408 SF and a covered drive-thru lane on the east (front) and west elevations. The building structure appears to have concrete block walls, concrete columns, and a wood truss roof system. The exterior walls have painted brick. The doors and windows are boarded and access was not available. The building has been vacated. The following chart shows life expectancy estimations for the subject property. The total useful life estimation is based on the guidelines provided via Marshall Valuation Service (MVS). The building has reached the end of its economic life. SUBJECT LIFE EXPECTANCY Source: M VS MVS Building Type Convenient e - Store MVS Building Class C MVS Building Quality Average Year Built 1964 Actual Age 50 Effective Age 25 Total Useful Life 40 Remaining Useful Life 15 Remaining Economic Life 0 ALTCAMP, DELLENHACK & WHITNEY 16 He #14-0060 AER Subject r5 outlined m It � L I ll : �,E` nf 1 tl I 4 W N1 INN t,a� 4 � � r iMV N o e AUCAMP, _ 17 File #14 -0060 .............. _-1-111111 ............... ...................... FilGHE"51 AND Pf-ST 2 ")SE, .. . .......................... . . ............. HIGHEST AND BEST USE The concept of highest and best use has the following definition. The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. Appraisal Institute, The Di - .tionary of Real Estate Agpraisal, Fifth Edition (2010), p. 91 The highest and best use concept takes into account contribution of a specific use to the community and community development goals as well as benefits of that use to individual property owners. An additional aspect is the use determined from this analysis represents an opinion, not a fact to be found. The concept of highest and best use represents the premise upon which value is based. The highest and best use must meet four tests or criteria. Legally permissible: What uses are permitted or have reasonable probability of being permitted by zoning and deed restrictions on the site in question? Physically possible: What uses are possible based upon the site's physical constraints such as size, shape, area, terrain, soil conditions, topography, and access to utilities? Financially feasible: Which possible and permissible uses will produce a net return to the owner of the site? Maximally productive: Among the feasible uses, which one is most probable and will produce the highest net return and highest present worth? Analysis of highest and best use for a property typically involves analyzing the site as though it were vacant and available for development, as well as analyzing the site as improved and proposed to be improved. In the subject's case, this analysis focuses on highest and best use as vacant and as improved. Based on its physical attributes, the subject site is well suited for a residential use. Concerning legally permissible uses, the subject site is zoned for multifamily Improvements, For financial feasibility, several new single-family homes are being built in the neighborhood by Habitat for Humanity. No other new construction is evident. Without assistance from Habitat for Humanity, new construction is likely not financially feasible. Only an owner user uninterested in financial feasibility would construct improvements under these market conditions. The highest and best use as vacant is hold for future development of a single-family home or immediate development of a single-family home for an owner user uninterested in financial feasibility. The subject is improved for a commercial use, but continued commercial use is illegal. The highest and best use as improved is hold for future redevelopment of a single-family home or immediate redevelopment of a single-family home for an owner user uninterested in financial feasibility. The most probable purchaser of the subject is an investor or owner user, AUCAMP, DELLENBACK & WHI17NEY 18 File #14-0060 VALA A1 PROCESS VALUATION PROCESS The previous sections contain identification and analysis of the area including the neighborhood and local market as well as data and analysis of the subject site as a basis for determining the highest and best use of the property. Estimating market value for property under its highest and best use typically involves analysis of three separate approaches cost approach, sales comparison approach, and income capitalization approach. The cost approach is based on the principle of substitution that states an informed purchaser will not pay more for a property than the cost of reproducing a property with identical improvements having the same utility. This approach consists of estimating value for the site as vacant, adding direct and indirect costs of construction, deducting an estimate of accrued depreciation, and adding an appropriate entrepreneurial profit. The cost approach is not applicable for estimating market value of vacant land. The sales comparison approach is also based upon the principle of substitution whereby similar properties within competitive markets will realize similar prices- An informed purchaser would not pay more for the subject property than the cost to acquire another property with the same amenities and utility. Market data are readily available for estimating market value in the sales comparison approach.. The income capitalization approach is based on the principle of anticipation whereby an investor expects benefits to be derived in the future. In evaluating future benefits, an informed purchaser will analyze income as well as how change affects income - producing characteristics of the property. This approach consists of analyzing a property's income and deducting appropriate expenses as well as evaluating appropriate capitalization methods. Residential land is not typically leased within the subject's market, therefore, the income capitalization approach is not applicable. The final step in the valuation process is reconciliation of the value indications into a single final value by analyzing the appropriateness, accuracy and quantity of evidence in each approach, In this case, only the sales comparison approach is utilized. AuCAMP, DELLENBACK & 'WHITNEY 19 File #14-0060 SALES CONIPARISON APPROACH .................... SALES COMPARISON APPROACH The sales comparison approach is a method for estimating the subject's value by analyzing sales of similar properties. The underlying theory is that a prudent buyer would not buy one property at a price any higher than the cost to acquire a comparable, competitive property. This approach provides a reliable indication of market value when properties are bought and sold regularly, A search of the local market for recent sales, contracts, and current listings (co parables) of similar properties provided four sales and one listing. These comparables are summarized in the following chart, shown in a following map, and explained in the subsequent detailed descriptions. The sales are evaluated on the basis of the most relevant unit of comparison which, in this case, is price per land SF as well as price per developable/permitted unit. The unadjusted prices range from $1.74 to $3,55/SF and $19,900 to $40,000/lot; the listing price is $1.93/SF and $15,000/lot. Each comparable property and the subject is permitted one unit, and price per unit is used as the only unit of comparison. AUCAMP, DELLENBACK &UrH1'rNTEV 20 File #14-0060 SALES COMPARISON AP SUMMARY OF COMPARABLE LAND SALES Former Farm Store Property, 913 N Seac rest SlaJ, Boynton Beach, Florida t14=0060) SUBJECT COMPI C COMP3 CD 4 COMP5 ADW Property ID 370 373 381 378 379 383 Property Name Farm Store Lot Sunshine Events Lot Rarnudo Lot Stack Enterprises LaRann, LLC Lo! Wright Lot Address 913 N Seacrest 106 NE 3rd A* 306 SW 7th Ave 109 SE 3rd St 407 SW 2nd A* 219 NE 11th Ave Bird City Boynton Beach Boynton Beach Boynton Beach Boynton Beach Boynton Beach Boynton Beach Sale: Sale Price N/A $19,900 $32,500 $40,000 $25,000 $15,000 Sale Status N/A Closed Closed Closed Closed Listing Market Period N/A I month 12 months 2 months 8 months 1 month Date of Sale N/A Jan-14 Jul-13 Jun-13 May-13 Price ISF of Land NIA $1.74 $3.55 $3.22 $3.19 $1,93 PricelUnit NIA $19,900 $32,500 $40,000 $25,000 $15,000 Site: Property Type Land Land Land Land Land Land Site Size Acres 0.23 0.26 0.21 0.28 0.18 018 Site Size SF 10,215 11,438 9,148 12,405 7,840 7,758 ZONN R3 R2 R-1 -A R2 R-1 -A R2 Land Use Plan HDR HDR LDR HDR LDR MDR Surface Vacant bldg Cleared Cleared Cleared Cleared Mostiycleared Develop Permitted Units 1 1 Approvals None None None None None None . ................ . ..... ............ . ..... . . L1 P, I)ELLENBACK & WHITNEY 2 . 1 F He #14-0060 Y �:1 SALES COMPARISON APPROACH MAP OF COMPARABLE PROPERTIES YJ A AUCAMP, DELLENBACK & VMITNEY .. 22 File #14 -0060 SALES COKI PAR I SON APPROACH COMPARABLE 'I i i � �t •�� ttal a General �Jatd Property Name: Sunshine Events Lot Property Type: Land Address: 106 NE 3rd Ave, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08- 43- 45- 21 -30- 001 -0110 & -0120 Legal Description: Lots 11 & 12, Block 1, Shepard Funk Addition to Town of Boynton (2- 15) Sale Da Sale Status: Closed Price: $19,900 Price /SF of Land: $1.74 Sale Date: January 2014 O.R. Book -Page: 26564 -898 Grantor: Sunshine Events. Inc. Grantee: Capital Partners of Palm Beach, Inc. Property Rights: Fee simple Financing: No recorded mortgage Marketing Period: 1 month Prior Transactions: None in prior 3 years Verification Source: Al Stall, listing broker, 561- 734 -6000 (Mike Brubeck) - ..._ -.a ... ...................._.......... Isite Data Site Size: 0.26 acres or 11,438 SF Zoning: R2, Duplex Land Use Plan: HDR Surface: Cleared AUCAMP D ELLENBACK - I. Y 23 File 14 -0060 SAILES CQMFAR|SONAM COMPARABLE 2 Property Name: RmmuduLu4 Property Type'. Land Address: 3OhBVV 7th Ave, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08'43'45'28'22-008'0031 Legal Description: Lot 3 less E10'. Lot 4.&E2O'Lnt5.B|kQ. McDonald Park (12'09) Sale Status: Closed Price: $32.500 Price/SF nyLand: $3.55 Se|* Date: July 2013 O.R.Book'Pmga: 26189'1727 Gmntoc A|bartoRmmudo Grantee: Spencer Luxury Homes, Inc Property Rights: Fee simple Financing: No recorded mortgage Marketing Period: 12 months Prior Transactions: %14.00O via Warranty Deed in May 3O12 Verification Source: K4LG (K8|keBmbeok) Site Size: 0.21 acres orA.148BF Zoning: R'1`A. Single-family Residential District Land Use Plan: LDR Surface: Cleared AUCAMP,DELLENBACK & WHITNEY 24 File #14-0080 SALES COMPARISON APPROACH COMPARABLE 3 ; 94r u , sly r l , 4 � f�e ner'all�afa Property Name: Strock Enterprises Lot Property Type: Land Address: 109 SE 3rd St, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08- 43- 45- 28 -12- 002 -0140 Legal Description: Lots 14 & 15, Blk 2, Bowers Park (11 -57) Sale Data Sale Status: Closed Price: $40.000 Price /SF of Land: $3.22 Sale Date: July 2013 O.R. Book -Page: 26160 -60 Grantor: StrockEnterprises 1, LLC Grantee: HH Community Investment Fund III, LLC Property Rights: Fee simple Financing: No recorded mortgage Marketing Period: 2 months Prior Transactions: None in prior three years Verification Source. MLS (Mike Brubeck) Sale Remarks: Arm's - length transaction. i1r= �aa Site Size: 0.28 acres or 12,405 SF Zoning: R2, Duplex Land Use Plan: HDR Surface; Cleared AUCAMP, DELI,ENBACK & WHITNEY 25 File #14 -0060 SALES COMP ARISON APPROACH COMPARABLE 4 '77777 T S It I ll A �a4 a 4 r 1 1 s � ' , i4k + 1 sir �A General Grata Property Name: LaRann, LLC Lot Property Type. Land Address: 407 SW 2nd Ave, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08- 43- 45- 28 -11- 000 -0480 Legal Description: Lot 48, Addition 1 to Boynton Heights (4 -7) Sale Status: Closed Price: $25,000 Price /SF of Land: $3.19 Sale Date: May 2013 O.R. Book -Page: 26029 -114 Grantor: LaRann, LLC Grantee: Joseph Phanor Property Rights: Fee simple Financing. No recorded mortgage Marketing Period: 8 months Prior Transactions: No arm's - length sales in prior three years Verification Source: MLS (Mike Brubeck) site Date Site Size: 0.18 acres or 7,840 SF Zoning: R -1 -A, Single - family Residential District Land Use Plan: LDR Surface: Cleared AUCAM P, DELLENBACK & WHITNEY 26 File #14 -0060 SALES PARIS N APP ROACH COMPARABLE G � .suwvF - I 11 1 r R N" f H eneral Data Property Name: Wright Lot Property Type: Land Address: 219 NF 11 th Ave, Boynton Beach, Florida 33435 County: Palm Beach Parcel ID: 08434521220020060 Legal Description: Lot 6, Bilk 9, Meeks and Andrews (12 -46) C Sae Data Sale Status: Listing Price: $15,000 Price /SF of Land: $1.93 Grantor: Ramona B. Wright Grantee: NIA Property Rights. Fee simple Financing: Not applicable Marketing Period: 1 month Prior Transactions: None in prior 3 years Verification Source: Mary Law, listing broker, 561- 699 -1252 (Mike Brubeck) Site Data _..._ m..m.....m� ................... Site Size: 0.18 acres or 7,758 SF Zoning: R2, Duplex Land Use Plan: MDR Surface: Mostly cleared AUC WHITNEY 27 File 14 -0060 SALES COMF'ARISON APPROACH Adjustments are appropriate and necessary based on differences in elements of comparison, The following elements of comparison are characteristics of properties and sale transactions causing variations in prices. The first five elements of comparison are considered transactional adjustments; each of the transactional adjustments is made prior to making further adjustments. The remaining five elements of comparison are referred to as property adjustments and the total net adjustment is applied at the end. 1. Real property rights conveyed 2. Financing terms 3. Conditions of sale 4. Expenditures immediately after purchase 5. Market conditions 6. Location 7. Physical characteristics 8. Economic characteristics 9. Use 10. Non-realty components of sale The sales are adjusted quantitatively. The adjustments are based on our knowledge of the local market, discussions with market participants and reviewing market data. A chart on a following page shows comparison of the sales with the subject, and contains adjustments as explained in the following items and summarized on a following chart. 1 Real Pro p erty �hts Conveyed. No differences are noted. 2. Financing Terms. No differences are noted. 3. Conditions of Sale. No differences are noted, 4. Expenditures Immediately After Purchase. No differences are noted. 5. Market Conditions. No differences are noted. 6. Location. Comps 2 — 4 are located south of Boynton each Boulevard in areas with superior demographics and better home quality/condition. A comparison of lot prices as well as home prices indicate significant adjustments of -$12,000 to -$18,500, or approximately 45%, are appropriate for these three sales. 7. Physical Characteristics, Differences in lot sizes are evident. Comps 2, 4 and 5 have smaller lots and upward adjustments of $1,500 and $3,500 are estimated. Comps I and 3 have larger lots and downward adjustments of $2,000 and $3,600 are estimated. 8. Economic Characteristics. No differences are noted. 9, Use. No differences are noted. 10. Non - r ealty Components of Sale- No differences are noted. AUCAMP, DEI,LENBACK & WHITNEY 28 File #1 4-0060 SALES COMPARISON APPROACH The comparable sales have an adjusted price range of $16,500 to $20,000/unit, and their mean is $18,100/ unit; the listing has an adjusted price of $18,500/unit. Comparable 1 is located along N Seacrest Boulevard, it has the smallest gross adjustment of $2,000, and it provides the best indication of market value at $17,900/unit. This analysis indicates a reasonable value for the subject is $18,000/unit. The subject property is allowed to have one unit. I conclude the subject's value is $18 00 via the sales comparison approach, ADJUSTMENTS TO COMPARABLE LANE) SALES Former Farm Store Property, 913 N Seacrest Blvd, Boynton Beach, Florida (14-0060) SUBJECT 1COMP I COMP 2 COMP 3 COMP 4 COMP 5 Surface Vacated building Cleared Cleared Cleared Cleared Mostly cleared Site Size Acres 0.23 0.26 0-21 028 0,18 OA8 Site Size SF 10,215 11,438 9,148 12,405 7,840 7,758 Planned Units One N/A NIA N/A N/A N/A Approvals No None No None None None Sale Status NIA Closed Closed Closed Closed Listing Sale Date N/A Jan-14 Jul-13 Jun -1 May-13 U nadjusted Price/ /A $1.74 $3.5S $3.22 $3.19 $1. 3 Unadjusted Price)U nit NIA $19,900 $32,500 $40,000 $25,000 $15,000 Location SIMILAR SUPERIOR SUPERIOR SUPERIOR SIMILAR Adjustment $0 -$14,000 -$18,500 -$12,000 $0 Lot Size LARGER SMALLER LARGER SMALLER SMALLER Adjustment -$2,000 $1,500 -$3,500 $3,500 $3,500 Net Adjustment -$2,000 -$12,500 -$22,000 -$8,500 $3,500 Adjusted PricelUnit NIA $17,900 $20,000 $18,000 $16,500 $18,500 (3ross Adjustment $2,000 $15500 $22,000 $15,500 $3,500 AUj�AMP, D ' E - L - LEN " B , ACK & WHITNEY 29 File # 1 4-0060 RECONCILIATION AND FINAL VALUE CONCLUSION RECONCILIATION I L VALUE CONCLUSION The approaches provided the following value estimations for the subject property. INDICATIONS VALUE Ana lysis ti Cost N/A Sales Comparison $18,000 Income Capitalization N/A Reconciled Market Value $18,000 The quality of market data in the sales comparison approach is good, and the method of analysis is appropriate and reasonable. This approach is most useful to a most probable purchaser. After careful and thorough investigation and analysis, I estimate market value for the fee simple interest in the subject real property in its "as is" condition, subject to assumptions and contingent and limiting conditions as well as any extraordinary assumptions and hypothetical conditions, as explained in this report, as of January 27, 2014, is: EIGHTEEN U DOLLARS ($18,000) AUCAMP, DELLENBACK & WHITNEY 30 File #14 -0060 NORMAL MARKETING PERIOD.AND REASONABLE EXPQSURE TIME NORMAL MARKETING PERIOD AND REASONABLE EXPOSURE TIME Normal marketing period is the most probable amount of time necessary to expose a property, in its entirety, to the open market in order to achieve a sale. Implicit in this definition are the following characteristics. 1. The property will be actively exposed and aggressively marketed to potential purchasers through marketing channels commonly used by sellers of similar type properties, 2. The property will be offered at a price reflecting the most probable markup over market value used by sellers of similar type properties, 3. A sale will be consummated under the terms and conditions of the definition of market value. Marketing times for the four comparable sales in the Sales Comparison Approach section were 1 month, 2 months, 8 months and 12 months. I conclude a reasonable marketing time for sale of the subject property in its "as is" condition and at a price similar to the estimate of market value is 12 months or less. Exposure time is the amount of time likely to have been experienced for sale of the subject property on the valuation date. I estimate a reasonable exposure time is 12 months or less based on these same market data. AUCAMP, DELLENBACK & WHITNEY 31 File #14-0060 PART 3: ADDENDUM CERTIFICATION I certify that, to the best of my knowledge and belief: The statements of fact 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, impartial, and unbiased professional analyses, opinions, and conclusions, 1 have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved, I have no bias with respect to any 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, a specific valuation, or the approval of a loan. * 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 ap praisal. * 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 Standards of Professional Appraisal Practice of the Appraisal Institute. * The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice, * The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the State of Florida. * The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. * Douglas Whitney made a personal, visual inspection of the readily accessible areas of the property that is the subject of this appraisal. * A significant contribution was provided by Michael BrubeGk, State-certified Residential Appraiser P06862. He researched and verified, as much as possible, the residential lot sales and listing. * No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification, AUCAMP, DELLENBACK & WHITNEY 32 File #14-0060 CERT ff1 TICO ■ As of the date of this report, I have completed the continuing education program of the State of Florida. As of the date of this report, Douglas Whitney has completed the continuing education program of the Appraisal Institute. Aucamp Dellenback & Whitney has not provided services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three -year period preceding acceptance of this assignment. G R February 10, 2014 Douglas $ ;: hitney, MAI State - certified General Real Estate Appraiser RZ1062 AC "P, DELLENBACK WHITNEY 33 File #14 -0060 CONTINGENT AND LIMITING CONDITIONS . ............ CONTINGENT AND LIMITING CONDITIONS This appraisal is subject to the following contingent and limiting conditions: 1. The legal description and maps are assumed to be correct. 2. No responsibility is assumed for matters which are legal in character, nor is any opinion rendered as to title, which is assumed to be good and marketable. Any existing liens or encumbrances have been disregarded, and the property is appraised as free and clear. This appraisal is made, assuming that all public improvements of any kind affecting the property appraised are fully paid for, unless otherwise specifically set forth in the property description. 3. No survey has been made of the property on behalf of the appraisers and no responsibility is assumed in connection with such Matters. The sketches contained in this report are for illustrative purposes only and are included to assist the reader to better visualize the property. The information furnished by others is believed to be reliable and no responsibility is assumed for its accuracy. 4. In this report, the distribution of the total valuation between land and improvements applies only under the existing program of utilization. The separate valuations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. 5. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by any but the recipient without written consent of the appraiser. 6. The contract for appraisal, consultation, or analytical service is fulfilled and total fee is payable upon completion of the report. The appraisers will not be required to give testimony in court or hearing because of having made the appraisal in full or in part, nor engage in post- appraisal consultation with the client or third parties, except under separate and special arrangement and at additional fee. 7. The appraisers may not divulge material contents of the report, analytical findings or conclusions or give a copy of the report to anyone other than the client or his designee as specified in writing, except as may be required by the Appraisal Institute as it may request in confidence for ethics enforcement or by a court of law of body with the power of subpoena. 8. Liability of Aucamp, Dellenback & Whitney is restricted to the client. Aucamp, Dellenback & Whitney has no accountability or liability to any third party. 9. It is assumed there are no hidden or unapparent conditions of the property, subsoil or structures which make it more or less valuable. The appraiser assumes no responsibility for such conditions or engineering which might be required to cover these facts. No topographical survey was provided. 10. No environmental impact study, special market study or analysis, highest and best use analysis or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. The appraiser reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates or XlJb�WP, DELLENBACK & V%FHITNEY 34 File #14-0060 CONTINGENT AND UMITING3 CONDMONS conclusions upon any subsequent such study or analysis or previous study or analysis subsequently becoming known to him. 11. The market value estimated and the cost used are as of the date of the estimate of value. All dollar amounts are based on the purchasing power and price of the dollar as of the date of the value estimate. 12. This appraisal expresses our opinion and employment to make this appraisal was in no way contingent upon reporting a predetermined value or conclusion. The fee for this appraisal or study is for the service rendered and not for time spent on the physical report, 13. The value estimated in this appraisal report is gross without consideration given to any encumbrance, restriction, or question of title unless specifically defined. The estimate of value in the appraisal report is not based in whole or in part upon race, color or national origin of the present owners or occupants of properties in the vicinity of the property appraised. 14. Responsible ownership and competent property management are assumed. 15. It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws, unless noncompliance is stated, defined and considered in the appraisal report. 16. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a non-conformity has been stated, defined and considered in the appraisal report. 17. It is assumed that all required licenses, certificates of occupancy and consents or other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 18, it is assumed that the utilization of the land and improvements is within the boundaries of the property lines, that the property described in that there is no encroachment or trespass unless noted in the report. 19. Authentic copies of this report are signed in ink. 20, Unless otherwise stated in this report, the existence of hazardous substances, including without limitation asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions may affect the value of the property, the value estimated is predicated on the assumption that there is no such condition on or in the property or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. AUCAMP, DELLENBA& & Wi11TN Y' 35 File #14-0060 CONTINGENT AND LIMITING CONDITlONS 21 . The Americans with Disabilities Art (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. 22. The report may contain estimates of prospective value for the subject property. Forecasts and prospective values are based upon current market conditions and trends. Aucamp, Dellenback & Whitney cannot be held responsible for unforeseeable events that alter market conditions prior to the prospective dates. 23. Acceptance and/or use of this appraisal report constitutes acceptance of the preceding conditions, AUCAMP, DELLENBACK & WHITNEY 36 File #14-0060 HYPOTHEDCAL CONDITIONS AND EXTRAORDMRY ASSUMPTIONS . ................ ...... . . ...................... . .......................... . .............. HYPOTHETICAL CONDITIONS AND EXTRAORDINARY ASSUMPTIONS HvDot hetical Conditions This appraisal is subject to the following hypothetical conditions: None Extraordinary scum ptions This appraisal is subject to the following extraordinary assumptions: one AUCAMP, DELI.ENBACK & WHFFNEY 37 File #14-0060 DE F5 N 1 011 S ............... "I'll'I'l.'ll" '.11,11111"I ......................... ... - ---------------------- - -------------- ................ - - --------- ---- .......... .............. ....... DEFINITIONS Market Value The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently 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 whereby: * buyer and seller are typically motivated; * both parties are well informed or well advised, and acting in what they consider their own best interests: * a reasonable time is allowed for exposure in the open market; * payment is made in terms of cash in U. S. dollars or in forms of financial arrangements comparable thereto; and 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, (Source: Department of the Treasury, Office of Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Office of Thrift Supervision and National Credit Union Administration under 12 CFR Part 34, Real Estate Appraisal and Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA"); and the Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No, 237, December 10, 2010) Prospective ORInion of Value A value opinion effective as of a specified future date- The term does not define a type of value. Instead, it identifies a value opinion as being effective at some specific future date. An opinion of value as of a prospective date is frequently sought in connection with projects that are proposed, under construction, or under conversion to a new use, or those that have not yet achieved sellout or a stabilized level of long-term occupancy. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 2010, page 153) RRetrospective Value 02i ion A value opinion effective as of a specified historical date. The term does not define a type of value. instead, it identifies a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax appeals, damage models., lease renegotiation, deficiencyjudgments, estate tax, and condemnation. (Source: Appraisa[ Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 2010, page 171) Investment Value The value of a property interest to a particular investor or class of investors based on the investor's specific requirements- Investment value may be different from market value because it depends on a set of investment criteria that are not necessarily typical of the market. (Source. Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 2010, page 105) AIMAMP, DELLENBAWK & WHITNEY 38 File #14-0060 DE.3-- J1,,flTp%tJS ................. ........... 11 ........... ------------------------------------------------- ..................... ................... -------- ............. L,iguidation Value The most probable price that a specified interest in real property should bring under the following conditions: 1. Consummation of a sale within a short time period, 2, The property is subjected to market conditions prevailing as of the date of valuation, 3. Both the buyer and seller are acting prudently and knowledgeably. 4. The seller is under extreme compulsion to sell. 5. The buyer is typically motivated. 6. of parties are acting in what they consider to be their best interests. 7. A normal marketing effort is not possible due to the brief exposure time. 8. Payment will be made in cash in U S. dollars or in terms of financial arrangements comparable thereto. 9. 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, (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 2010, page 116) Use Value In real estate appraisal, the value a specific property has for a specific use; may be the highest and best use of the property or some other use specified as a condition of the appraisal. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 2010, page 204) insurable Value A type of value for insurance purposes. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 2010, page 102) Limi ed- M arket Pro erty A property or property right that has relatively few potential buyers, (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal. Fifth Edition, Chicago, 2010, page 114) Special-Purpose Property A property with a unique physical design, special construction materials, or a layout that particularly adapts its utility to the use for which it was built, also called a special-design property. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 2010, page 184) Fee Simple Estate Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (Source: Appraisal Institute, The Dictionary of Rea/ Estate Appraisal, Fifth Edition, Chicago, 2010, page 78) Leased Fee Interest A freehold (ownership interest) where the possessory interest has been granted to another party by creation of a contractual landlord-tenant relationship (i.e., a lease). (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 2010, page 111) AUCAMP, DELLEN BACK & WHITNEY 39 Hie #14-0060 DEF'U .............. ................. Leasehold Interest The tenant's possessory interest created by a lease. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 201 page 111) Real PropeLty The interests, benefits, and rights inherent in the ownership of real estate. (Source• Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 201 page 161) Personal Property 1J Identifiable tangible objects that are considered by the general public as being "personal"— for example, furnishings, artwork, antiques, gems and jewelry, collectibles, machinery and equipment; all tangible property that is not classified as real estate. 2.) Consists of every kind of property that is not real property; movable without damage to itself of the real estate; subdivided into tangible and intangible. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 2010, pages 145-146) Intended Use The manner in which the intended users expect to employ the information contained in a report. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 2010, page 102) Intended User IJ The client and any other party as identified, by name or type, as users of the appraisal, appraisal review, or appraisal consulting report by the appraiser on the basis of communication with the client at the time of the assignment. 2.) A patty who the appraiser intends will employ the information contained in a report. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 2010, pages 102-103) Hypothetical Condition That which is contrary to what exists but is supposed for the purpose of analysis, Hypothetical conditions assume conditions contrary to known facts about physical, legal or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 201 page 97) Extraordinary Assump�fion An assumption, directly related to a specific assignment, which, if found to be false, could after the appraiser's opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 2010, page 73) Competence The state of having the requisite or adequate ability or qualities to perform the specific assignment and produce credible assignment results, (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, Fifth Edition, Chicago, 201 page 39) AUCAMP, DELLE NBACK & WH ITNEY 40 File #1 4-0060 ENGAGEMENT LETTER ENGAGEMENT LETTER AUCAMP APPRAISERS & CONSULTANTS January 27, 2014 The Boynton Beach Community Redevelopment Agency CIO Ms Vivian 13ronks 710 N Federal Highway Boynton Beach, FL 33435 : Appraisal of Beal Property 913 N Seacrest Boulevard Boynton Basch, FL 33435 Dear Ms. Brooks: At your request, I am pleased to submit this engagement letter for Aucamp. ®ellenback & Whitney to provide appraisal services consisting of estimating market vahha for the fee simple interest in the above• referenced real property in its 'as is' condition. The results of this assignment are intended to assist the Boynton Beach CRA in making business decisions concerning the property, and the results will be presented in a narrative Appraisal Report formal. We will utilize the most relevathl valuation approaches, which in this case will consist solely of the sales comparison approach, This appraisal assignment and report win be prepared in accordance with requrements of the Uniform Standards of Professional Appraisal Practice (USPAP) devefopad by the Appraisal Standards Board of the Appraisal Foundation, with the appraisal requirements of Title XI of the Federal Financial InsGlutions Refomt, Recovery, and Enforcement Act of 1988 (rIRREA), with the Inleragericy Appraisal and Evaluation Ouidelines of 2010, with the Appraisal Institute's Code of Professional Ethics and Standards of Professional Appraisal Practice, and with the requirements of the Slate of Florida for siate--certified general real estate appraisers This engagement letter is subject to conditions in the attached page entitled Public Re The total lee for performing this assignment is $900 payable upon completion of the report. The assignment will be completed within two weeks of our receipt of this leher with your signature. upon completion, we will deliver three original copies v +a courier to the above address and a pol copy via email to All costs, including couf1 costs, associated with non - payment of the full appraisal fee win be paid by the Boynton Beach CRA, We took forward to working with you on this assignment. Phase contact me, If you have any questions Res Hull ?ki j dough . , d State Alfred General praiser RZ1052 ICN hk NT ANP&QREE M NT My signature indicates acknowledgement and agreement with Ole above terms and conditions for performing dais assignment. V46' n Brooks Dal ;yyf3 rAli tif)tll,fi!'AHI), Slil'fIi 300, H(][:A 1t tT J, FIAE2IDA 339: ;a 561 498 93 FAX j61- 241 - 475 4 4 AUCAMP, DELLENBACK & WHITNEY 41 File #14 -0060 APPRAISE"R QUALIFICATIONS AND UCENSE APPRAISER QUALIFICATIONS AND LICENSE DOUGLAS S. WHITNEY, MAI State-certified General Real Estate Appraiser RZ 1062 Professional Affiliations And Activities Member of Appraisal Institute (MAI) Florida State-certified General Real Estate Appraiser RZ 1062 Board of Directors, South Florida Chapter of the Appraisal Institute, 2005 to 2008 Special Master, Palm each County Value Adj. Board, 1994 to 2010 Member of Admissions Committee for S. Fl./Caribbean Chapter of the Appraisal Institute, 1993 to 1998 National instructor for Robert Morris & Associates, 1996 to 1997 S. Florida/Caribbean Ch. Rep. to Appraisal Institute Region X, 1994 Chairman of the Financial Institution Employed Appraisers Committee of S. FL/Caribbean Chapter of the Appraisal Institute, 1993 Work E2ip rience 1994-Present Principal, Aucamp Dell enback & Whitney, Boca Raton, FL (COMMERCIAL FEE APPRAISER). 1991-1994 Staff Appraiser, Barnett Banks, Inc,, Miami, Delray each & West Palm Beach, FL (COMMERCIAL REVIEW APPRAISER), 1989-1991 V. P., Commercial R. E. Lending Dept., Barnett an of S. FL, Miami, FL. 1987-1989 Staff Appraiser, M.R. Ford & Associates, Palm each Gardens (COMMERCIAL FEE APPRAISER), and AppraisalFirst, Inc., West Palm Beach, FL (COMMERCIAL AND RESIDENTIAL FEE APPRAISER), 1979-1987 V.P, and A.V.P. in Commercial Real Estate Lending at three South Florida financial institutions: Southeast Bank, AmeriFirst Federal, and First National Bank of Palm Beach, 1973-1979 City Planner in Boca Raton and St. Petersburg, FL, Lexington, MA, and Burlington, VT Tvioes Of Appraisal AEEjqaMMLs Real estate appraisal assignments have involved a wide variety of property types such as industrial properties, warehouses, mini-warehouses, office buildings, retail centers, restaurants, ACLFs, child-care/preschools, hotels/motels, apartments, condominiums, single-family homes, subdivisions, and vacant land. Other assignments have been feasibility studies, market studies, commercial appraisal reviews, and courtroom testimony. AUCAMP, DELLENBACK & WHITNEY 42 File # 14-0060 APPRAISER QUALIFICATiONS AND LICENSE Education Master in City Planning, Harvard University, 1974 Bachelor of Science, University of Massachusetts, 1971 Appraisal Institute Courses during the past five years: Business Practices & Ethics, 2012 Fundamentals of Separating Real Property, Personal Property, and Intangible Business Assets, 2012 National USPAP Update Course, 2012 Florida Appraisal Law, 2012 Lessons from the Old Economy, 2012 Agreement for Services - Instructions for Use, 2011 Appraisal Curriculum Overview, 2011 Understanding and Using Investor Surveys Effectively, 2011 Common Errors, Issues & Workfiles, 2010 National USPAP Update, 2010 Florida Appraisal Law, 2010 Supervisor trainee Roles and Rules, 2010 Real Estate Market, 2009 New Government Regulations and Their Effect on Real Estate Appraising, 2009 Valuation for Financial Reporting, 2009 Introduction to Valuing Green Buildings, 2009 Supervisor Trainee Roles and Rules, 2008 Florida Law for Real Estate Appraisers, 2008 National USPAP Update, 2008 Business Practices and Ethics, 2008 CLIENTS Appraisal assignments are performed for institutional lenders, particularly financial institutions, as well as for estates, government entities, private companies and individuals. Financial institution clients include: Bank of America Bank of Florida BankUnited B B & T City National Bank Comerica Commercial Bank of Broward Enterprise National Equitable Bank Fifth Third Bank 1" United Bank First Southern Bank Florida Shores Bank Gibraltar Private Bank Great Florida Bank Gulfslream Business HSBC Iberia Bank Legacy Bank Northern Trust Ocean Bank Paradise Bank PNC Regent Bank Regions Bank Seacoast National Bank SunTrust Bank TD Bank TransCapital Bank Wells Fargo AG# 6 2 4 8 7 2 7 STATE OF FLORIDA DBPARTMSNT OF BUSINESS AND 'PROFESSIONAL REGULATION FLORIDA REAL ESTATE A PRAISAL BID SEQ# L12099'10S324 12 125006346 R11062 The CERTIFIED GENERAL "PRAISER a NAmed below IS CERTIFIED Deader the provvialona of Chapter 475 F0. i Expiration datem NOV 30, 2014 WHITNEY, ,DOUGLAS S 3996 P A U BOULEVARD, SUITE 300 BOCA RATON FL 33431 RICK SCOTT KEN LAWSON f GOVERNOR DISPLAY AS REOUIRED BY LAIN SECRETARY AL CAMP, AC iTNEY 43 File 14 -0060 PURCHASE AGREEMENT Page I of 14 PURCHASE AGREEMENT This Purchase Agreement (hereinafter "Agreement ") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA ") and LOUIS MASSRY(hereinafter "SELLER "). 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 CRA and CRA agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property is located in Palm Beach County, Florida (the "Property ") and more particularly described as follows: PNC 408- 43- 45 -21 -07 -004 -1330 — LT 133 & 134 (Less 20 ft. return curve area rd rlw) BLK D 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Forty Five Thousand and 001100 ($45,000.00) Dollars, 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 Purchaser and Seller CRA shall deliver to Lewis, Longman & Walker, PA ( "Escrow Agent ") a deposit in the amount of One Thousand Dollars ($1,000.00) Dollars (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 CRA 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 CRA. 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. CRA 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 CRA 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, PURCHASE AGREEMENT Page 2 of 14 Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs 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 effective date of the Purchase Agreement is the date that the Escrow Agent receives the Escrow Deposit and Escrow Agent executes the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before Twenty (20) days from the Effective Date (the "Closing ") or from the conclusion of the Feasibility Period as set forth in Section 8 below, whichever is later, 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 CRA, by General Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions "): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights -of -way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof 7. FEASIBILITY PERIOD. The CRA, and its designees shall have five (5) days from the Effective Date of this Agreement ( "Feasibility Period "), at CRA'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 CRA may deem necessary. During this Feasibility Period, CRA may elect, in CRA's sole and absolute discretion, to terminate this contract and receive back all Deposits hereunder. If CRA elects to terminate this Agreement in accordance with this Section, CRA 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 CRA's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA's testing and investigation. CRA 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 CRA (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 CRA's investigation of the Property. However, CRA's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and CRA does not waive its sovereign immunity rights. SELLER PURCHASE AGREEMENT Page 3 of 14 hereby agrees to indemnify and hold CRA 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 SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Title Review Within twenty (20) days of the Effective Date, CRA shall obtain, at the CRA's expense, from a Title Company chosen by CRA (hereinafter "Title Company "), a Title Commitment covering the Property and proposing to insure CRA 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. CRA 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 CRA has to the condition of title (hereinafter "CRA Title Objections "). If CRA fails to deliver the CRA 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 CRA timely delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the CRA Title Objections (hereinafter "Cure Period "). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of CRA, then CRA, in CRA'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, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to CRA and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, CRA 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, CRA 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. CRA, at CRA's expense, shall obtain a current boundary survey (the "Survey ") of the Property, indicating the number of acres comprising the Property to the nearest 11100th 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 concerning title objections. PURCHASE AGREEMENT Page 4 of 14 7.3 SELLER Deliveries SELLER shall deliver to CRA 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' possession or control with respect to the physical condition or operation of the Property, if any. 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 CRA any and all documents and instruments required by CRA, in CRA's sole and absolute discretion, which: (i) effectuate the transfer to CRA of those Governmental Approvals, or portions thereof which are applicable to the Property, that CRA desires to have assigned to it, and /or (ii) cause the Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the Governmental Approvals (including but not limited to any and all portions of the surface water management system, mitigation areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. 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. 8. CONDITIONS TO CLOSING. CRA 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 CRA 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. 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 CRA. 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. PURCHASE AGREEMENT Page 5 of 14 8.5. Occupancy. The property shall be conveyed to the CRA at time of closing unoccupied. The SELLER hereby warrants that the current tenants are on a month -to- month basis, were given proper notice to vacate and there are no leases on the property. 9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the CRA'S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to CRA the following documents and instruments: 9.1. Deed. A Warranty Deed (the "Deed ") conveying to CRA 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 CRA 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 CRA 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 CRA and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which CRA 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 CRA or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 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. CRA 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 CRA. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. PURCHASE AGREEMENT Page 6 of 14 10.2 Ad Valorem Taxes CRA 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 CRA. 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. CRA shall be responsible for all documentary stamps on the deed, recording the deed and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.). SELLER is responsible for their own legal fees. All other costs of closing shall be borne by CRA. 10.5 Closing Procedure. CRA shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and CRA (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 CRA, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropri ate public records. 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. Seller's Representations and Warranties. To induce CRA to enter into this Agreement, SELLER makes the following representations, all of which, to the best of it's 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, CRA 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 CRA harmless from and PURCHASE AGREEMENT Page 7ofI4 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 Land. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; 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 CRA'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 CRA, which consent shall not be unreasonably withheld or delayed. 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. 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 five (5) day Inspection 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 Land 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 Land or any part thereof or which would otherwise relate to the Land. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Land has been, is presently or is contemplated to be utilized as a reservoir of PURCHASE AGREEMENT Page 8of14 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 SELLER represents to CRA that the Land is not subject to any deed restrictions or declaration of restrictions running with the Land which would affect the use of the Land and all title matters to which SELLER's property is subject to are set forth on Exhibit 11.10 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 Land. 11.11 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. 11.12 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). 11.13 Additional Warranties and Representations of SELLER. As a material inducement to CRA entering into this Agreement, SELLER, to the best of SELLER' information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi - governmental authority, including but not limited to, CRA, 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. 11.13.2 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 CRA herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11. 13.3 To the best of SELLER' knowledge, the Property and the use and PURCHASE AGREEMENT Page 4 of 14 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. CRA's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of CRA, 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 CRA 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 CRA shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA 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. CRA and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 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 untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, CRA may, at its option: (1) declare SELLER' in default under this Agreement by notice delivered to SELLER, in which event CRA 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 12 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: PURCHASE AGREEMENT Page 10 of 14 If to Seller: Louis Massry P. O. Box 820 Hallandale, FL 33008 With a copy to: James C. Brady Arnstein & Lehr, LLP 200 East Las Olas Blvd. Suite 1700 Fort Lauderdale, FL 33301 If to Buyer: Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 With a copy to: Ken Spillias Lewis, Longman & Walker, PA CRA Attorney 515 North Flagler Drive Suite 1500 West Palm Beach, FL 33401 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 CRA, which shall not be unreasonably withheld. CRA shall have the right to assign this Agreement to the City of Boynton Beach (the "City ") without the prior consent of SELLER and the CRA shall be released from any further obligations and liabilities under this Agreement. The CRA may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 15. BROKER FEES hhe SELLER and BUYER hereby state that they have not dealt with a real estate broker in connection with the transaction contemplated by this Agreement and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the CRA 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. PURCHASE AGREEMENT Page 11 of 14 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 any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to CRA 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 regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER' 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 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. CRA is public agency subject to Chapter 119, Florida Statutes. The SELLER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; (2) Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; (3) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and PURCHASE AGREEMENT Page 12 of 14 (4) Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the SELLER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the CRA. (5) The failure of SELLER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If SELLER fails to cure the default within seven (7) days' notice from the CRA the CRA may terminate the Agreement. 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 shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 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 PURCHASE AGREEMENT Page 13 of 14 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. 18.6 Handwritten Provisions Handwritten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver of Jury Trial As an inducement to CRA agreeing to enter into this Agreement, CRA 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 Bindiniz Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA 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 be recorded in the Public Records of Palm Beach County, Florida. 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 Property Deed and CRA'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. PURCHASE AGREEMENT Page 14 of 14 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BOYNTON BEACH COMMUNITY REDEVELOPMENT SELLER AGENCY By , Print Name: Jerry Taylor Print Name: Louis Massry Title: Chair Date: Date: Witnesses: Witnesses: Witnesses: Witnesses: ESCROW AGENT Lewis, Longman & Walker, PA By: Print Name: {i{ t toy s t }u lists + t ��{ IS �t�k1�h N ,t tt�: OYNTO B tr�ht r /1V t 4S; RA CRA BOARD MEETING OF: March 12, 2014 Consent Agenda f Old Business New Business Legal I X I Information Only SUBJECT: New Bus inesses i isric SUMMARY The CRA district welcomes 5 new businesses to the area. Staff will reach out to the new businesses and introduce the grant incentive programs and marketing efforts. 1. Big Dog's Customs & Collision - 609 N Federal Hwy. 2. Briza Salon & Spa LLC - 100 NE 6TH ST 3. Olde Time Kettle Corn Inc. - 410 E Boynton Beach Blvd. 4. Precision Labs LLC - 411 S Federal Hwy 5. Reef Auto Sales LLC - 517 Industrial Ave. FISCAL IMPACT: NIA CRA PLAN, PROGRAM OR PROJECT: Business Development Program RECOMMENDATIONS: Information only T ax cy Smith Voo4ey U Marketing & Business Development T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingslMarch 20141New Businesses Agenda Item March 12, 2014.docx s t I BoYNTON"! ps`s'' CRA MISSION CRA BOARD MEETING OF March 12, 2014 I Consent Agenda I ld Business I I New Business Legal I X In Only SUBJECT: Development Projects Update SUMMARY: 500 Ocean (SE Corner of Ocean /Federal) — LeCesse Development resubmitted their site plan to the City on Monday, March 10th. LeCessee will be coming to the CRA requesting TIF funds at a future date. Family Dollar (MLK/Seacrest — Boos Development has completed soil samples on the site. The church building has been demolished. The Purchase and Development Agreement has been executed. National Full Service rocs for — Several national chains are looking for a 2 acre site in HOB. Senior Livina Facility — A developer is looking for a 3 acre site for a full - service senior living facility along Federal Highway. One Boynton — CRA staff met with Bonnie Miskel and Davis Camalier to create a marketing campaign and an incentive package for the site. No update.. Limited Service Hotel — Meeting with a developer looking for a site for a limited service national chain hotel. No update. Former Denny's Site/ 2201 S. Federal Hwy. - - Contractor looking to buy and redevelop into office space and retail. Needs City cooperation to significantly reduce code liens in order to make the project happen. Healing Heart 1220 -226 W. Boynton Beach Blvd. — A 4,000 sq. ft. new veterinary clinic and holistic spa for people. Proposed to be completed by the end of 2014. Seaview Park Club -1630 N. Federal Hwy. — 1 acre site purchased by Olin to add to adjacent Manatee Bay Apartments. Construction is 80% complete. Boynton Harbor Marina Harbor Master Building Project — Pre - construction meetings were held with the contractor, The Collage Companies, and the adjacent property owners, dock master and Building Department staff. Temporary construction water meter installed, utility locates have taken place and the construction fence is in place. Ocean Breeze West — A "roof raising" event for the final house was held on Monday, March 3, 2014. The project is nearing completion as this final house is being built. T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board MeetingsWarch 20141Development Project Update.doc. f RA FISCAL IMPACT: TBD CRA PLAN, PROGRAM OR PROJECT: Federal Highway Community Redevelopment Plan and the Heart of Boynton Community Redevelopment Plan, Downtown Vision and Master Plan RECOMMENDATIONS /OPTIONS: Information Only. Vivian L. Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\March 20140evelopment Project Update.doc • LeCee DEVELOPMENT SSCORP March 4, 2014 Chair Jerry Taylor Vice Chair Woodrow Hay Commissioner David Merker Commissioner Joe Casello Commissioner Michael Fitzpatrick Commissioner James "Buck" Buchanan Commissioner Mark Karageorge Boynton Beach Community Redevelopment Agency ( "CRA ") 710 N. Federal Highway Boynton Beach FL 33435 Dear CRA Board Members: Our real estate development firm, LeCesse Development Corporation ( "LeCesse "), has developed over 15,000 multifamily apartments, including over 5,000 multifamily residences in Florida. Our Partner in this project, Morgan Management LLC ( "Morgan ") has developed over 10,000 residential units and manages in excess of 20,000 units. Together, LeCesse/Morgan has contracted to purchase a 4.7 acre parcel of land on US 1 and Ocean Boulevard through a special purpose development entity called Morgan Boynton Beach, LLC. We have met with City staff to discuss the vision for this location, and we believe, our plan reflects the City's Vision. Our intention is to develop the site with 341 luxury apartments, with community amenities and approximately 12,000 square feet of retail. The Project will be supported by a parking structure as well surface parking in close proximity to the retail spaces. The community will seta tone of quality for the Boynton Beach downtown. To date, we have submitted a Site Plan for approval, and are addressing the comments made by City staff. We anticipate that comment responses will be submitted the week of March 10 Numerous challenges remain to gaining final approvals and resolving issues relating to the site, project economics and financing. We anticipate securing financing of approximately $60,000,000. Based upon our current projections of cost and the expected rental rates in the market place, the Project will have a gap of about $7,000,000. We are requesting an incentive from the CRA in order to fill the gap so that we may secure project financing. We recognize the positive impact this project will have on the community and are willing to continue to expend up front development costs as we seek to resolve the challenges. However, we will not be able to proceed with construction until our construction financing is secured and therefore need to determine your level of interest in providing an incentive. We would appreciate if your CRA Executive Director would meet with Chris Brown to begin a preliminary discussion of the incentive. Mr. Brown and I will then follow up with a more formal meeting with a signed proposal and associated justification for the incentive. Thank you for the warm welcome by your City staff, which have been very helpful. We look forward to meeting each of you at the appropriate time to discuss the Project in detail. Respectfully yours, homas . Hay. .n, Vice ' 'esident Morgan Boynton Beach, LLC cc: Vivian Brooks, Executive Director 650 S. Northlake Blvd., Suite 450 ■ Altamonte Springs, FL 32701 • Phone:407.645.5575 • Fax:407.645.0553 ■ www.lecesse.com I i h , ' w, Boynton Beach is a great place for ` Bo nty Beach is quic kly becoming o one of P Bch Co's mst poa warnt d esti progra na tions. tatt As act the w , T ' de grows for pul the "Boynton terf Lifestyl the alm Boynton ea ` e ms o r '. ' \� �,, ' " -=' commercial CRA has developed investmentsevral grant . 1 - ' 1., ' /, ' 1: i } • 1 , ( d ;'c ' i /• `- ':4 } j t '° : ~ s. f. ` " li Fa Location i Trd e city al Cn wi , 4, a he population of 68,996 (201m 1 Beach US Department ou ty of 1 i �� Commerce thi Census st t i �I'v. , , t j < The City is 16.4 larg square in miles „\ -, The CRA district is 1,650 acres along the eastern :��' , 4 ' edge of the City of Boynton Beach � G� * `" e "" - ' - � w Boynton Beach's locat provides easy access to 195 fl 5, .. " N 1{" ;; '- - , _ --� Three exits off of 195 within 2.5 miles ... 1 OPT: „ arm, i. ""' Less than one mile off 195 to Federal Highway -lire gip 0/111 ' . , n a Direct access to the Intracoastal Waterway ;1/rr 0 " - with an inlet to international waters . w }gyp 1" , 17. " is �� R. . _ , ket of over 6.5 m+llio people "' within a 100 -mile radius ��"�an° .• n � � • w•, `j • s - � A �1 t °. _ 1111 Boynton eac as a mar '1 ` °- ° � . <- a ; _ �- 1111 11"!71 -• t+ ... = �, Future commuter rail stop planned �� - 01 1 ' - .:: s , Equidistant Palm Beach Internati `�. ' ' - - _ and ort Lau erdale al p its . F d 'r o __,t.- . ffi = ,-': - - „ 4 ! k!? ,'' , - Weather conditions: yea round climate continue Wit' = r . - S i l + ' fi _ !ter �s ><- � — ��;� -� _:. + -. .*-�� 7 �,� "` R -"`�-- ;' !� / T-741 . to attract new residents and tourists -{� ..- ,' _ ,i :,)� - _ r fir* ,. ' Dev elopment Opportu � _ — — — Favorable land use and zapproning codes f E i * ° ; -. -- �, # ` x� Quick site plan approvals I. ;, m g - ;", Quick building permit ovals '" `' Beneficial Ian ices relative to location ; �;,x ` ' " � k Housing and mixed use developments in process , y .„�. ' — r is .sue #,► -rt r V. I V t y _ -7- ' !-. - '"' 4L - BOYNTON BEACH RA ,..,......,, :).._ . \ 4. . ... 4 i , m■ Ns , k ,., 7-..,„ ,_,---oarawgiworgsggiwM*aa..„,„ ., ,j, ii !'.ii.4 i.C K„.... , ,A ', ,r-,_ -----,:: - + ■ ,., .' -, ".7= - , 17 0 , " 1 =i,"..- - - , 7?" .. ..;, ,,-;‘,1, ____..., -- _,, : - ..-„,......--74 -4. - --- _ _ ...,=---..-..it.t.--_-1-: 4 ...,.... .....4,1,„. . , ...;„:54:.:,e...... ...;..............4,....____, .k...,„ ,....„ ,..,:a..,._ .. .,... ..4 ......, , I ... $ i \ -S 4 - , 4 1 1014Ak. - I s i t r 4 4 , 4 4 " I f.'llif* 11.40,00 117 - t: S "11 , HER i WILL/ � .- '! 'L I 1 4 1 r e' F . . a , b ` r ,, - Alit ' Sherwinvvii4iarr7sr;�er k Sherwin Williams Before Commercial Construction Grant Commercial Construction Grant I 1 Commercial Interior Build -Out Assistance Program everal The Commercial Interior Build -Out Assistance Program is designed to help facilitate the establishment of new businesses and aid in the expansion of siness to existing businesses within the Boynton Beach Community Redevelopment Boynton Agency (the "CRA") district. The program is designed to provide financial assistance to new and existing businesses in the form of a subsidy intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the CRA Community Redevelopment Plan. The Commercial Interior Build Out Assistance Program offers financial ograrr=, assistance in the form of a reimbursable, matching (50%) grant to the was created to landlord or business owner for eligible expenses associated with the rnr,ctri,c_tion orrenovation ofthe interior elements of the commercial :C f r ' - t " : q. I 111011110 1 Commercial Facade Improvement Grant Program ied to The Commercial Facade Improvement Grant Program is designed to lid in the provide a financial incentive to help facilitate the exterior improvement ch Community of existing commercial properties within the CRA district. Commercial n is designed to property within the CRA district may qualify for up to $15,000 of CRA es in the form of funding for approved exterior improvement projects. The grant is a the critical first matching, reimbursable grant providing commercial property owners/ sinesses within tenants with a more visually appealing property. vhich lead to The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external nancial appearance of their businesses and to encourage businesses to invest The time period in their operations. The result will halt deterioration, stabilize property ci innra of 1 unli inc imnrnun nnrl 1 inarnrlo onnn ronrn of tho orcn nnrl fnrili +n +c nnrl