Agenda 08-12-14 BOYNTON
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CRA Board Meeting
August 12, 2014 @ 6 :30 pm
City Commission Chambers
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
AGENDA
I. Call to Order
II. Invocation and Pledge to the Flag
III. Roll Call
IV. Legal:
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: None
VIII. Consent Agenda:
A. Approval of Minutes — CRA Board Meeting, July 8, 2014
B. Approval of Period Ended July 31, 2014 Financial Report
C. Monthly Purchase Orders
D. Approval of Interior Build -Out Grant to Oceano Realty, Inc. d/b /a Ocean East Properties
E. Approval of Rent Reimbursement Grant to Oceano Realty, Inc. d/b/a Ocean East Properties
IX. Pulled Consent Agenda Items:
X. Information Only:
A. Public Comment Log
B. CRA Development Project Update: Boynton Harbor Marina Harbor Master Building Project
C. CRA Development Project Update: Parking Lot Project on NE 1st Ave. & NE 1st Street and &
Sidewalk Connector located at 208 NE 1 st Avenue
X. Public Comments: (Note: comments are limited to 3 minutes in duration)
XII. Public Hearing:
XIII. Old Business:
A. Report by Lyman Reynolds on the Status of the Lisa Bright vs. CRA Case
B. Consideration of Action on the RFP /RFQ for Ocean Breeze East Site
C. Presentation on Business Development Advertising Campaign
XIV. New Business:
A. Consideration of Safety Assessment Services Proposal and Contract for Ken Stapleton & Associates
for Safety Assessment Services in the Amount of $19,000 — TABLED 718114
B. Consideration of Purchase Agreement between the CRA and Nathaniel Robinson for Property
Located at 517 NE 1 St Street in the Amount of $74,000 (purchase price) & $15,000 (relocation
assistance)
XV.. Executive Director's Report:
A. New Businesses in CRA District
B. Property Acquisition Report
C. Development Projects Update
XVI. Future Agenda Items: None
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 MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 286.0105)
THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL
OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA
AT (561) 737 -3256 AT LEAST TWENTY -FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY
ACCOMMODATE YOUR REQUEST.
BOYNTO
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B EAC ,CRA
CRA. BOARD MEETING OF: August 12, 2u I4
Consent Agenda Old Business I I New Business I x I Legal Other
LEGAL: THERE IS NO BACKUP MATERIAL FOR
THIS ITEM.
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board
MeetingslAugust 201418.12.141Legal -No Backup.doc
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLvD.
BOYNTON BEACH, FLORIDA ON JULY 8, 2014, AT 6:30 PX
PRESENT:
Jerry Taylor, it Vivian Brooks, Executive Director
Joe Casello, Vice Chair Ken Spillias, Board Counsel
Buck Buchanan
Michael Fitzpatrick
Woodrow Hay
Mack McCray
David Merker
1. Call to Order
Chair Taylor called the meeting to order at 6:30 p.m.
II. Invocation and Pledge to the Flag
Mr. Hay gave the invocation followed by the Pledge of Allegiance to the Flag, led by
Vice Chair Ilia®
III. Roll Call
Roll call established a quorum was present.
IV. Legal: None
V. Agenda Approval:
A. Additions, Deletions, Corrections to the Agenda
Vice Chair Casello pulled Consent Agenda It D.
B. Adoption of Agenda
Motion
Mr. McCray moved to approve as amended. Mr. Mer seconded the motion that
unanimously passed.
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida July 8, 2014
V1. Informational Its 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
Mr. Buchanan had no disclosures to make and commented on a great 4 to O f J
display.
Mr. McCray disclosed he spoke with Ken Stapleton regarding New Business, Item B.
He announced he was sorry he missed the 4 of July celebration.
Mr. Merker disclosed he spoke with Ken Stapleton regarding Item B, New Business.
is Chair Casello thought the 4 of July celebration was outstanding. He had no
disclosures.
Mr. Fitzpatrick advised last month he voted against the three CRA lot purchases
primarily because he believed they were overpriced. After further review, he changed
his mind regarding the Girtman property which was being purchased for over $BOOK per
acre. The Family Dollar Store land was also purchased for over $800,000 per acre. He
understood the lots were corner lots on a high visibility road and he expressed if a
private for profit entity pays real money, his issues with the appraisal were settled.
He noted there were two other properties he took issue with, but after discussion with
Ms. Brooks, he understood her point of view. He expressed if the CRA did not overpay,
nothing would happen and this would reward bad behavior. He felt there must be other
tools to use. He believes the City should support the CRA's efforts through stronger
Code Enforcement options. He understood there had never been a sustained effort to
get bad owners to come into compliance, He spoke with Attorney Cherof and there are
several legal avenues to pursue, but the question was whether the City Commission
would use them.
Another reason why he voted against the acquisition was contained in the meeting
backup. All the information was there, but if not uniformly presented it appeared to hide
something. He suggested a more basic and uniform presentation be made for these
issues.
Mr. Hay attended the 4�' of July and he agreed with Mr. Fitzpatrick's comments.
Mike Simon, Assistant Director, attended a meeting with Kimley Horn on the
Greenway/Blueway Plan update. City staff attended and input was received. It was a
successful kickoff meeting. There would be meetings with the Agency and City
Commissioners in the near future.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida July 8, 2014
Chair Taylor agreed the 0'of July was fantastic. He recognized a Boy Scout present to
observe the meeting to earn his citizenship badge. He welcomed him and thanked him
for attending.
B. Informational Announcements
V11. Announcements & Awards. None
VIIL Consent Agenda:
A. Approval of Minutes — CRA Board Meeting, June 10, 2014
B. Approval of Period Ended June 30, 2014 Financial Report
C. Monthly Purchase Orders
D. Approval of Commercial Construction Project Incentive Program to White Elk
Enterprises, LLC (Healing Heart, Inc.)
E. Approval of Commercial Fagade Improvement Grant to it Elk Enterprises,
LLC (Healing Heart, Inc.)
IX. Pulled Consent Agenda Items:
F. Approval of Commercial Construction Project Incentive Program to White Elk
Enterprises, LLC (Healing Heart, Inc.)
Vice Chair Casello asked if the owner was present. The applicant, Bridget Keller,
presented herself, Vice Chair Casello inquired if approval of the grants would expedite
construction. Ms. Keller responded it would.
Motion
Mr. McCray moved to approve. Mr. Casello seconded the motion that unanimously
passed.
X. Information Only.
A. Public Comment Log - None
B. Business Development Advertising Campaign
C. CRA Development Project Update: Boynton Harbor Marina Harbor Master
Building Project
3
Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida July 8, 2014
- — — --------- - --------- ERRRO�—
D. CRA Development Project Update: Parking Lot Project on NE list Ave. NE
1 st Street and & Sidewalk Connector located at 208 N E 1 st Avenue
E. CRA Budget Meeting Information
The meeting will take place on Thursday, August 7, at 6 p.m. at Intracoastal Park
F. Movies in the Park: Update
June 27 — The Lego Movie
X1. Public Comments: (Note. comments are limited to 3 minutes in duration)
Bernard Wright, 713 NW 2n Street, was concerned about the building plans for the
Heart of Boynton. He commented he and business owners should have a voice. He
lived on the MLK corridor for years and liked its heritage. He commented the Carolyn
Sims Park is small. There was grassy land that was not being used and the baseball
diamond had been removed. The diving boards were removed from the pool and there
was a toddler pool. The cost to use the pool was $2 for adults and $1 for children. He
believed the Heart of Boynton children could not enjoy the pool under the current
economic circumstances. The Hester Center was not in the Heart of Boynton. He wants
the heritage in the Heart of Boynton to remain and asked when they would install
something the Heart of Boynton youth could enjoy. He wanted to attend the Sara Sims
and Heart of Boynton discussions.
Mr. Wright asserted no one from the Board had ever come to the corridor and associate
with the residents and business owners there. His ancestors were slaves. They have a
historic process in Boynton and he wanted to have those living in the HOB be part of the
discussion. A native of Boynton knows what they need. The have to have a cultural
center. He requested the Board consider his comments.
Chair Taylor explained there is a baseball field at Hester Center and a Little League
program that won the championship and had been ongoing for years. The City has
spent a lot of money to it the pool and the Sims Center. They had not undertaken
anything in the Heart of Boynton that was not discussed with the residents at meetings.
He did not understand why Mr. Wright was unaware of the meetings and emphasized
the City had not done anything the community did not want.
Mr. Wright commented there are people that would like to see the HOB gone, and he
did not know who represented the HOB. Chair Taylor has served with Mr. McCray and
commented he has done an excellent job, as does Mr. Hay. He noted Mr. McCray
represents the HOB area.
Mr. Mc Cray explained the Heart of Boynton plan has been ongoing fry time,
There were meetings at the Sara Sims and Carolyn Sims Centers, St. John Missionary
Baptist Church and the community advised what they wanted. The CRA has records of
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Meeting routes
Community Redevelopment Agency Board
Boynton Beach, Florida July 8, 2014
those meetings Mr. Wright could read. Things would not happen overnight. Mr. McCray
fought for the name of the Denson pool. The Carolyn Sims Center would have been
caCI ed the Wilson Complex had he not intervened. He suggested Mr. Wright read the
records. As far as not visiting 1 O th Avenue, Mr. McCray advised he goes there. He
represents District 11 and the HOB. When things go wrong they call him. His family was
always involved in activism and he wants to be in HOB discussion because it is his
heritage. Mr. McCray commented Mr. Wright would be invited.
No one else coming forward, it Taylor closed public comments.
X11. Public Hearing: None
X111. Old Business: None
XIV. New Business:
A. Consideration of Short Sale Terms for HAP Recipients Stephen & Nyasha
Wright
Mr. Simon presented the it to accept the term of the short sale negotiations with
HSBC Bank. The policies in the cover sheet were approved by the CRA Board on
February 12 The list of documents needed were submitted and reviewed by legal
counsel. They modeled the City's and County's policies. On March 11, 2008, the CRA
approved a homebuyer assistance grant to the Wrights for $50,000 purchase a home at
1726 NE 6 Street in the Preserve. They applied and worked with the bank for a short
saI e. On June 11, 2014, the Bank approved the short sale conditions.
The original purchase price of the property was $239,990 and the short sale offer the
bank approved was for $100,000. The first mortgage was $186,350 and the bank will
accept a repayment of $85,063.50. The CRA second mortgage was $50K and was
consistent with the CRA's policies. The repayment amount is $4,000.
Vice Chair Casello inquired about the other $15,000. -Mr. Simon explained there was a
settlement charge of $6,000. The commission was about $9,000 and the CRA was
$4,000. The HAP program was discontinued. Vice Chair Casello commented about 19
HAP loans were given and the CRA was rubber stamping them. He read from the
meeting materials, the requesters were not in a position financially to cover two homes.
He asked why the CRA was losing out, when the requestor had two homes. He inquired
why the requestor would not sell the other home and keep the one in the Preserve.
Steven and Nyasha Wright, 235 Rosetta Way, West Palm Beach, explained they
purchased the home in West Palm Beach after they purchased in the Preserve. Mr.
Wright explained there was Chinese drywall and disease there and they could not live
there any longer. The drywall was rectified and the home was habitable now.
5
Meeting minutes
Community Redevelopment Agency Board
Boynton Beach, Florida July 8, 2014
is Chair Casello questioned why the Wrights would not want to go back to their
original home. Ms. Wright explained they did not want to return because they had
already purchased a home that was a single-story home and Mr. Wright's health was
not the best. Walking up and down a ti -level was difficult.
Mr. McCray explained hardships affect all and he sympathized with the Wrights. He
was sorry they left Boynton Beach.
Motion
Mr. Mc Cray moved to approve. Mr. Buchanan seconded the motion that passed 6-1
(Vice Chair Casello dissenting.)
B. Consideration of Safety Assessment Services Proposal and Contract for Ken
Stapleton & Associates for Safety Assessment Services in the Amount of
$19,000
Ms. Brooks explained there was a missing component in their branding and marketing
efforts,
is was, what does the outside world think of Boynton Beach. The CRA has
two major projects that are not using the name Boynton Beach in the downtown area.
Developers may not be candid with the CRA about their impressions if asked, but may
with a third-party consultant.
The other component was people have perceptions the City that as unsafe. The reality
is Boynton Beach was safe, but it may appear unsafe due to lighting or some other
issues. If approved, the consultant will review those items, chart the paths people
travel, document why the public feels safe or not, look at the crime statistics, and
address them. He could speak with stakeholders and non-stakeholders to determine
why they do or do not invest in Boynton Beach. Ms. Brooks explained the CRA needs
answers to these types of questions.
Chair Taylor did not understand why staff would pay $20,000 when they could talk to
people themselves. Chair Taylor would be glad to meet with anyone and had not
received this kind of feedback.
is Chair Casello commented the Police Chief has all the crime statistics. It was up to
the City to promote the City and there is a marketing budget. He agreed with Chair
Taylor the CRA did not need to pay $20,000 for the study and commented the City has
a closet full of surveys from consultants.
Mr. Hay asked for case studies from the consultant, what they have done in the past,
and how it helped those cities, He understood the prior comments and asked for further
information. It was noted the consultant, Ken Stapleton was present and he had been
conducting research for Riviera Beach.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida July 8, 2014
Mr. Mc Cray inquired about marketing. Ms. Brooks explained the CRA was marketing
heavily. Next year, the proposed marketing budget was $120,000. He commented the
study was not marketing, but it was a component.
Mr. Marker spoke about perception and agreed the information was important for the
real estate market and developers when looking to develop. The perception of safety is
important. If a City is not perceived to be safe, developers and business owners would
be hesitant to locate to Boynton Beach. He thought it was an opportunity and an
investment. He would like it in the papers that Boynton Beach was safe and secure.
He thought this was a smart investment for the City which could provide a positive
result.
Mr. Buchanan thought the study could look at areas where there are deficiencies and
the task goes beyond talking to one or two people, The information would be in a report
and in the Sunshine. For the amount of work, the report was a good deal
Mr. Fitzpatrick was not opposed to the consultants, but would like to table the it to
review some past reports, like Cleveland, South Beach, Hollywood and others they had
studied. He wanted to see what some of the past performance reviews were.
Motion
Mr. Fitzpatrick moved to table. Mr. Buchanan seconded the motion.
Chair Taylor opened public comment.
David Katz, 67 Midwood Lane, Boynton Beach, commented anything held downtown
at night is well attended with little police presence. To his knowledge, there have been
no incidents. He agreed with is Chair Casello, when residential projects come, it will
be much safer. The Pirate Fest draws 5,000 to 6,000 people and not all of them from
Boynton Beach. He thought comparing studies from other cities that were not similar to
Boynton Beach was crazy. Basically, the downtown was safe. Boynton Beach does not
have an area to walk like Lake Worth, Atlantic Avenue, Clematis, but what they do have
is safe.
Ms. Brooks clarified they will look at police statistics. It was about whether people
perceive the City to be safe and if not, why, It may be just physical things, such as
lighting. Other cities have the same problem. The economic study recently conducted
showed the No I concern in the City was crime. Now they have to find out why and
tailor their marketing and branding efforts to address it. The study was done by the
Economic Development Department from a stakeholder meeting. The number one
issue was crime and the lack of a vibrant downtown.
Chair Taylor commented he speaks to a lot of people and he does not hear that
perception.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida July 8, 2014
Mr. Merker commented everyone has perceptions and he knew image was important.
Part of image was safety. Everyone has different information and he thought it should
be determined who was right. The report was not $50, 000 or $100,000 to prove to the
people that this is a wonderful City in is to live and work. Since it is an issue and
they want to invest in trying to build up the City, this was an asset.
Mr. McCray spoke to crime and advised crime is perceived in every city, and very city is
concerned about crime. Boynton Beach was not the lone ranger.
Mr. Buchanan liked Mr. Fitzpatrick's idea to table the item and see the work product.
Mr. Stapleton explained he was not here to judge if the City is safe. It is about the first
step to manage the perception of safety that impacts buying, investing and use patterns.
The
in step is to determine whether there is even a problem. They take the pulse as
an initial step. Part of the report would review surveys already conducted and talk face-
to-face with the public because many people have difficulty admitting safety issues.
Mr. Stapleton explained most purchases are made after 6 p.m. and 80% of them are
made by women. Women, as a target market, have a very different perception of safety
than men do, Boynton Beach is unique.
Vice Chair Casello asked what groups of people he would talk to and questioned why
staff would not be able to learn of these perceptions. It was Mr. Stapleton's experience
most City and CRA staff are overwhelmed with the work they have and are not as
versed how to weed out what the issues are. Most surveys about safety are done
poorly and even the national surveys only ask about one's own neighborhood or
evaluate decisions whether to go downtown for dinner. Usually, it is the female member
of the household. Drilling down into the details, if one markets to a group, they have to
understand that group. Many aspects come into play. If the question is not asked
carefully, the correct information would be obtained.
If a full survey is done, at least 2,000 people, not necessarily from Boynton Beach,
wouI d need to be interviewed. Vice Chair Casello pointed out there was a charette held
and the questions could have been asked there.
Mr. Stapelton would review surveys done in the past and interview a group of key
stakeholders identified in categories. These would be municipal and business leaders,
residents, the Police Chief, the CRA and other city staff, and realtors would be the focus
group. Vice Chair Casello inquired if the interview would be better directed to the
general public as that would be a more accurate perception. Mr. Stapleton explained he
asks insightful questions, but the survey done indicated there may be a problem. There
is a series of is involved including it work.
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Meeting Minutes
Community Redevelopment Agency Board
Boynton Beach, Florida July 8, 2014
Mr. McCray commented the City and CRA were working together for a downtown. He
thought it was too soon to discuss and thought it should be tabled until more information
was received.
Motion
Mr. McCray moved to table the item until more information was received, Mr. Marker
seconded the motion.
Mr. Hay inquired what cities other than West Palm Beach and Riviera Beach had been
anaI yzed and how long the task would take. Mr. Stapleton explained they have studied
10 other cities, but each study was not the same and they customize every report. It
wouI d be a different kind of assessment than was done in other places.
The motion unanimously passed.
Mr. Fitzpatrick inquired when Ms. Brooks would forward the report and if they could
discuss the item at the next meeting. Attorney Spillias explained the motion did not
include a specific date so there should be no discussion of it. Staff can put the item on
the agenda, but it could not be discussed until a motion was made to remove it from the
table.
® Executive Director's Report:
A. New Businesses in CRA District
There were no comments on this item.
B. Property Acquisition Report
Ms. Brooks commented staff sought to acquire six properties, but the price was too
high.
C. Development Projects Update
Mr. Fitzpatrick commented there is a home being bulldozed at 918 0 Street to make
room for the Women's Circle expansion. The home is from the 1920's and the owner
indicated to him they could not find anyone to move it. He was aware the CRA moved a
cottage in the past and he requested Ms. Brooks look at the property to see if it could be
moved.
I. Future Agenda Items
None.
9
Meeting minutes
Community Redevelopment Agency Board
Boynton i ri ,
XVII. Adjournment
There i r business to discuss, it Taylor adjourned the i at
Catherine u
Minutes iiit
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BOYNTON""
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Wwom'"""BEACH 1 ',
-,RA
CRA BOARD MEETING OF'* Au 12, 2014
Consent Agenda Old Business New Business Public Hearing t)t er
SUBJECT: Monthly Financial Report
SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for
the month ending July 31, 2014.
FISCAL IMPACT: None
CRA PLAN, PROGRAM OR PROJECT: NIA
RECOMMENDATIONS Approve monthly financial report.
Susan Harris
Finance Director
T:'AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board
MeetingslAugust 201418.12.141Financial Report.docx
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BOYNTO
B E AG ii RA
CRA BOARD MEETING OF: August 12 2014
Consent Agenda I I Old mess ( ( New Business Public Hearing Other
SUBJECT: Purchase Orders
SUMMARY:
Attached is the purchase order report for July 2014.
FISCAL IMPACT: See attached
CRA PLAN, PROGRAM OR PROJECT: None
RECOMMENDATIONS: Approve the purchase order report.
Susan Harris
Finance Director
Boynton Beach CRA
Purchase Order Report
Month July 2014
Vendor Amount Funding Source escri i
White Elk Enterprises (Healing Commercial str sti
H eart) -5 Project Incentive Pr r
White I k Enterprises ( eali 15,000 Commercial Fagade Grant
e
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPO RTSICompleted Agenda Item Request Forms by
Meeting\FY 2013 - 2014 Board Meetings\August 201418.12.141Monthly Purchase Order Report
jt �sltY t �� 2 rri ���f �S4
BOYNTO
4 _. RA
CRA BOARD MEETING OF: August 12, 2014
I Con-sent A I ld Business I I New Business I Legal Other
Approval of Commercial Interior Build -Out Assistance Program Grant to Oceano
Properties, Inc. d/b /a Ocean East Properties.
SUMMARY: The Commercial Interior Build -Out Assistance Grant provides eligible (new or
existing) businesses with assistance for the initial costs associated with the construction, repair, and/or
rehabilitation of building interior improvements. The grant is in accordance with the CRA Community
Redevelopment Plan. Improvements must be permanent and stay with the building. Applicant is
applying for interior paint, new lighting fixtures, new flooring & countertops.
The applicant meets the eligibility requirements under program guidelines and is considered a Tier 2
business (as outlined in the grant application). If approved, the applicant is entitled to a maximum of
$7,500 in matching, reimbursable funds based on maintaining two (2) full time employees over a one
year period.
The Interior Build -Out Grant is reimbursable on a quarterly basis. If the applicant does not meet all of
the requirements for reimbursement (during any given quarter) they do not receive reimbursement for
that quarter.
FISCAL IMPACT: Project Fund Line Item 02- 58400 - 440/444
CRA PLAN PROGRAM OR PROJECT: 2008 CRA Economic Development Plan
RECOMMENDATIONS Approve the Commercial Interior Build -Out Assistance Program Grant
to Oceano Properties, Inc. d/b /a Ocean East Properties not to exceed $7,500.00.
- e-e_
Michael Simon
Assistant Director
July 30, 2014
Boynton each Community Redevelopment Agency
710 N Federal Highway
Boynton Beach, FL 33435
Dear CRA Members,
Enclosed please find my application for the Commercial Interior Build-Out Assistance
Program for your review and approval.
Thank you for the opportunity tot e a dated, ugly office and transform it into beautiful
professional offices for which the city and I may be proud.
The leased premises already were built-out to accommodate a real estate sales office,
which is great news! The problem is the very shabby 1970's look complete with dark
fake wood paneling, horrible carpet and a drop ceiling with broken and stained ceiling
tiles. I believe that businesses in Boynton Beach should reflect the beauty and vibrancy
of the city with a fresh upscale look. Your help with the "face lift" for this wonderful
Boynton each location is greatly appreciated.
I thank the CRA board members for this opportunity.
Sincerely,
Judy Zoll
Barbara Heiss
B T
OYN ON4
-B E HT(C R A
8 0YJV
October 1, 2013 — September 30,2014 "ON
Boynton Beach Community Redevelopment Agency aleA CH CR
Commercial t Assistance Program it
SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING
It Is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant
Rules/Requirements I .
exterior All proposed improvements
The CRA Board may make recommendations fbr exterior Improvements based upon the CRA
Design Guidelines,
Commercial The Interior Build- si is I facilitate
establishment of new businesses i in the io of ' ti bu sinesses 'thin the
B o y nton c Community Redevelopment n ( ") district. The program
designed to ovi financ a ssistance to new a e xisting businesses in the form of
subsidy intended to reduce the initial ci repair and rehabilitation o
build or other impr ovements in r the uni ty Redevelopmen
Pla Improvements must be permanent and stay w ith building.
The CRA reserves the right to approve or deny any Comme rcial Interior B Assis
Program lic do discontinue is at a i, in its so le of
discretion, i e ins that the business will not advance the o! and i
established for the economic development of isri .
I ® F r ,
The Commercial Int rior Build-Out Assi r financial assistance in the form
of i u I in (50%) grant to the landlord or business owner for elig
expens a sscit 'th the ion or renovation of h interior elements of the
commercial operating space. Items eligible for funding r the r limited to:
Interior walls ✓
Interior plumbing
Interior electrical system including lighting
HVAC system
Flooring �—
Hood & fire suppression system
Page 1 of 1
71 H , FL 33435 Phone 561-737-3256 1-737 -
Y�.
The Commercial Interior Build i r am funding may be budgeted annuall
the , first-serve bas first— All applica are subje to
CRA Board approval. i ti ti is T a guarantee of fund
Eligibility
Applicants must meet all of the following requirements in r to r ed eligi
receive i
1. Employ a m inimum full ti r _ of this grant,
time iv I t I i fi working minimum f thirty-five r
week t t 1 availing _ Federal i i — UM wage.
2. Must be I ocated %vithin the CRA - � District .
provide 3. Must that is licensed by all necessary levels of
government and professional ci i r agencies. (
licenses or rece ipts that the licenses i .)
business Is in in r i less tha s ix months or,,/
re;oca to Boynton Bea
ex i s ting is i ned as be ing in ope r a tion fbr a mi t hree
the time li -
ex isting i x to c y mo re than fifty percent %) of it
current square size. Verification this threshold must be prov' in h
application .
7. The Applicant's ri consumer report I level of financial
stability, within the sole discretion an eligibility requirement for funding.
A copy of the oonsumer report Will be provided the li request.
8. Applicant the uil i it l n to r within r it r
exe cuted or I i- r f year minimum),
. fnelicoible Busi nesses
The following businesses are considered ineligible r assistance under t I
Interior Build-Out Assistance Build- .
• Firearm I
• Convenience Stores
• Religious Affiliated it Sto
• Churches
Profits
• 7 attoo Shops/Body Piercin
Fina Services (banking & check i ng s tor
Take-Out Foods
Adult Entertainment
Liquor Stores
Page t ' f
2 of 12
710 North Federal Highway, Boyftn Reach, FL 3U35 Phone 1 -737- 1 -737
IV. Grant lerms,,and Conditions
This is i' into three tiers. Each tier consists of dfferent types of businesses that
are I'i! e and the amount of funding available to i minimum full time
employees is uir ed regardless of which it a business falls into.
Tier One Businesses
Tier One Businesses are i i l for the t of grant funding which is .
The funding is based on job creation. Each II -ti ui t job created is
. Three full time s are required in r r to rewive the tint
of the grant; $22,500. Tier Businesses f the following
businesses:
Restaurant
0 Gourmet Food Market
0 Bakery
Clothing o ti - clothing, s & accessories
0 Home rl - home furnishings, 1 ri , kitchen wares
Specialty Businesses - stationery, i f care Pilates/yoga
studios, fitness centers
Tier Two Businesses
Tier Two Businesses are liii for a maximum o of $7,500. The funding is n
job creation. c full-time iv lent job t is 3, fit time
employees required in order to receive u t of the grant; $7,500. Ti r
Two Businesses must be one of the following types, of businesses:
Medical
Offices Law
Real Estate
Insurance
Accounting i s
Marketing i
Tier Three Businesses
Tier Three Businesses are liil for a maximum t of $5,000. The funding is
on job creation. Each full-time iv created is full time
employees are required in r r to i ve the maximum amount of the grant; $5,000. Tier
Three u i may consist of any other eligible business not listed in Tier One or Tier
Two listed above.
I r "
>I
Page 3 of 1
710 North Fedeml FE y, SayntDn Owch, FL 3W5 Phone 561 -7$7- Fox 561-737-3258
Lease Te
If the applicant ! it v or executed multi-year ! (two year 4 ,
minimum). The commercial lease must i iandiord-tenant relationship and at
minimum r i the it information:
description the i rented includ
of the ''
space.
Description f utilities that are the tenant's responsibility.
�.
future rent Rental rate and i I with lease and methodo r,
increases.
Respons r interior and exte repa l imp rovements .
Insurance i .
Ability to terminate. —
a Consequences of default can the lease.,.
f! rocaduMs for Applicaflon r
Application
A ll appUcants are strongly r to t with CRA staff in r r to determine !` i ili
before submitting an appli ti i requests will not be considered until all required
documentation is the s ce. Application packets must include it i
do
vt . A nonrefundable f ee of $100.00 is required to i r report on the
business ini l! n ers of the business. Make check I t:
Boynton Beach CRA
t, °" 2- Completed and signed application.
„., , 3. Completed and i r' i Credit Check for the business
and each principaVowner of the business c i ti —
multiple forms r principal/owners of the business).
4. Spe lit breaking down the use of the funds and providing total cost of
the act.
5. Copy of build r i receipt.
(attached W9 Form r t app lication).
""T Resume fo r each principal/owne of the bus iness.
, of the corporate documents for the applying u i s entity,
of executed multi-year commercial l r t.
1 Two ( of corporate tax r eturns (for existing i onl )
,111, l tax returns for the principal/owners of a new
business.
1. If an exis bus iness, located within District, is i ng withi
CRA i', it to r i its
current squa i this r ! vi
Floor plans outlining u t of each location are accepa I
Page 4of12
710 North Federal Highmy. Boynion Ekiach, FL 33435 Phone 1 -737 Fox 561-737- t
13. Copy of design t i n plans associated with the r
improvements.
14. List jobs to be created and filled including job desc r ipti ons,
range an
weekly schedule. For existing businesses, provide list of all current positions
including job descriptions, pay range and weekly schedule.
it ( 4) co d igital " f the project.
Approval t
Once elig is ve rified n all required n ti will
present the i request to r approval. The CRA Board meets on the
second Tuesday of each month. Applicant will be notified of the t time it
application 'l presented . It is i t attend
the i in r to answe any quest ions
regarding the appl ica tion. CRA staff will notify the app licant [ or denial in i i .
Site Visits
CRA staff will conduct a site visit prior t o the i t of the grant application
Board and once the `n is ready to open for operation.
unannounced site visits ri ll in r r to r compliance it the terms of the grant
V1. Procedures r Reimbursement
Init
This is i ma tc h ing (50%) grant which is reimbursed
basis. That i, all work must be completed i t by the applicant, prior t the CRA
being funds released. The CRA will provide quarterly reimbursements to i
submittal f a complete reimbursement request package. Gr i will be divided into
payments four equal released i following the it'I Reimbursement
Request.
appl icable l l
:0 �11V a cart
t _ t ton ch and s for
i r i itl ... r r tena I
sioDl icable. Ir I
adm iniltrative I
Initial
Once the work is I it l Re imbursemen t t summarized
i r t I .
Page 5 of 12
710 Noith Federal H y, Boynton Beach, PL 33435 Phone 561 - 737 Fax 561 737 - 3258
t
Project accounfing:
Invoices, receipts or other acceptable evidence of payment from suppliers and
licensed contractor(s) that have been marked "paid in fulln. Proposals for UWork
to be completed" or "bids" are not considered proper documentation.
Each Rem Mill be suippoggrtcl by a cancelled check gho%ving the face of the
check. as well as the back of the cancelled check.
2. A "release of lien" signed by each f icensed contractor(s).
3. Copy of City and County business licenses.
4. Applicant shall provide color digital "during" and "after" photos of the project.
Photos should be from approximately the same position as the "before" photos
submitted in the application
5. For W-2 eligible employees, Florida Department of Revenue Employers
Quarterly Report for each consecutive quarter must be submitted.
For sole proprietorships, partnerships, S-=porations and 1099-MISC eligible
employees, copies of all cancelled salary checks or proof of direct deposits for
each full time/full time equivalent employee for each month within that specific
quarter.
By submitting for reimbursement, the applicant warrants that all bills related tot project are
paid in full including, but not limfted to, all contractors, subcontracts, labor, materials, related
fees and permits.
Quarterly Reimbursement Requests
By accepting the grant, the applicant agrees to comply with the quarterly reporting
requirement of providing the CRA with proof of employee wage reporting for three (3)
consecutive quarters. Each report shall be made within ten (10) days of the start of the next
applicable quarter beginning on January 1, April 1, July 1, and October I following the Initial
Reimbursement Request.
If
guarterly RT-6 fdrm wf&1qALft_L3PJ_dn_y_z h1jowIM Lhg end gLft guarter In which
relimbUrl2ment agglLqgnt guartees
MMMMIZIMIL
This is to verify that the required job positions are properly fulfilled and maintained. In order
to receive quarterly funding after the Initial Reimbursement Request grant applicant must
submit a wdften request for that quarter's r mbursernent payment along with:
gals
Pap 6 of 12
710 North Federal Highway, Boynton Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258
MM.—Ce- to - �
For W-2 eligible employees, Florida Department of Revenue Quarterly
Report r each consecutive r must be submitted.
Or
For sole r t a i, - or i s and 1099-MISC li i
employees; r` II cancelled salary checks or proof of direct its for
each II timeflull firne equivalent l r each month ` i c` c
r,
Grant funds will be reimbursed exclusively ► approved approved orders
only for work that has been performed and for after the r antee has received notification
that the grant application has been approved by the CRA. Any completed
receiving r t approval is ineligible for reimbursement.
Grantees r improvements for reimbursement is as
reimbursement requests in any other grant program offered by the , City
Palm Beach or the t of Ira . The Commercial Interior Build-Out
Assistance program ill only honor now expenditures that v not been submitted under
other grant programs.
The rci Interior Build-Out Assistance Build- r y only be used one time in any five
year period for one specific erci nit or business entity.
Grantees s Il allow the CRA the rights and use of photos and j application materials.
01scontinuation of Payment
The receipt f past payments is no guarantee of future payments. The CRA retains right
to is tin interior it -out reimbursement is at any time r i its sole
and I t e discretion.
SUBMISSION OF AN APPUCATION IS NOT A GUARANTEE OF FUNDING
It Is the i ` all aspects of the Grant
Program's Application.
PRO 7 of 1
710 North Federal Highway. Boynton Beach, FL 3M35 Phon 1 -737- Fax 1- 737 -3
t ton.
BOYNTON
= C
BEA Ht RA
October 1, 2013 — September 30, 2014
Boynton Beach Community Redevelopment Agency
Commercial Interior Build-Out Asshance Program Application
(Please Type or Print Only — Use Additional Sheets If Necessary)
BUSINESS IMMOBIVAD N:
Business Name (0/13/A d applicable): &'Lf"""d1ej
Current Business Address:
Fed ID#
Phone - ter° Fax:--�iio( 4o* - 455i
®
Website. i6r oD iru ctio
a c eS g jA aj �0�
Existing Business: Yes No Number of years in existence:
New Business to Boynton Beach. Yes No_
Time at Current Location:
Do you have an executed lease agreement: Yes No
If so, month ly rent: 1,q Sh
New Business Addre
Square footage of eAsting location tMt�
Square footage of new location
Type of Business: N4ril-j- -4
Number of Employees:_ Hours of Operation: ---r—
j
Page 8 of 12
710 Nor% Federal Mghway. Boynton Beach, FL 33435 Phone 561-737-3256 Fox 561-7373258
PR INCIPALJOWNER I NFORMATI ON:
If r rt ° Is�o rs ition I s is v us
f. inci n r m 1 , I C iq
Da of Birth:
Curren r _ J
Emi Ctj k h n l -
P rincipaVOwner Name. AAr6a'S
t o i I
C urr e nt Addr : I c r " '
3. rin if n r ®.._.a_ _ .__
Da te f Birth:
C urrent Addr
Ema Pho
4. Principal/Owner Name:
Da te f Birth:
Curre s: -
Email: n
LANULORD INFORMATION;
Landlord's aili sa �
Land . hors $ i -
app l y ing for grant assistance under any other program offered the CRA (Tier On
Bu sinesses only):
Yes No If yes, what additional programs are you appl for:
A re you recei r nt assistance from any other governmental agencies: o
If yes, list any additional grant sou amounts:
CER TIFICATION AN� I„ PR IVACY:
I, the undersigned applicant(s) certify that all informatio presented In this application, a a ll of the
information fumished in support of the application, is given for the purpose of obtaining a grant under
the Boynton Beach C v to en nc Commercial Interior Build-Out Assistance Build—
Program, and it is true and I o the best of the applicant(s) k ) knowledge and bell !0a
Pap 12
710 North Federal Highwa Boyn ton Beach, FL 33435 Phone 1 -737 Fax www.o.1Gh-boA
The applicant(s) further certities that he/She is aware of the tact that h"he can be penalized by fine
and/or imprisonment for making false statements or presenting false information. I further
acknowledge that I have read and understand the terms and conditions set forth and described in the
Boynton Beach Community Redevelopment Agency Commercial Interior Build-Out Assistance
Program Rules and Requirements.
I understand that this application is not a guarantee of grant assistance. Should my application be
approved, I understand that the CRA may at its sole discretion discontinue subsidy payments at any
time if in its sole and absolute determination it feels such assistance no longer meets the program
criteria or is no longer benefiting the furtherance of the CRA mission.
I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to
the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any
confidential Information given herein. I further grant permission, and authorize any bank, employer or
other public or private agency to disclose information deemed necessary to complete this application.
I give permission to the CRA or its agents to take photos of myself and business to be used to
promote the program.
I understand that if this application and the information furnished in support of the application are
found to be incomplete, it will not be processed.
SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING
It is the responsibility of the appHeant to READ AND UNDERSTAND all aspects of the Grant
Program's RulesiRequirements and Application.
Pri pal ee Signature D t
' "71) CV to 6
o17
Printed Name Tifle
P r 1 n'c I wn re" s S' ure Date
Printed Name Title
Princlipal/Owner's Signature Date
i Name Title
Pdncipal/Owner's Signature Date
Printed Name Title
Page 10 of 12
710 North Federal H"y, Boyntw BeacK FL 33436 Phone 661-737,VSS Fax 561-737-3258
wwwmatcht��. �
Notary as to Principal/Owners Signatures.
Multiple notary pages may be used if signing individually.
;
STATE OF I
COUNTY 6F
,47
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknow4edgements, personally appeared
A
who is/are personally known to me or produced.,_ as
identification, and acknowtedged he/she executed the fbr ng Agreement for the use and
purposes mentioned in it and that the instrument is his/her act and dead.
IN WITNESS OF THE FOREGOING, have set my hand and official seal in the State and
County aforesaid on this day of 1 20
NOTARY PUBLIC
My Commission Expires:
4 y- P -Nb CARL A. CASCIO
My COMMISSION I EE 17M4
EXPIRES: February 26, 2016
Page 11 of 12
710 North Federal Highway. Boyakon Beach, FL 33435 Phone 561-737-3256 Fax 561-737-3258
www.ojq��n. Mrh
SUBMISSION OF AN APPUCATION IS NOT A GUARANTEE OF FUNDING
It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant
Program's Rules/Requirements and Application.
7 AA 1
Land s Signature Date
Printed Name Title
Landlord's Signature Date
Printed Name T!W
STATE OF
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknovAedgements, personally
who istare personally known to me or produced L D as
identification, and acknowledged he/she executed the foregoing Agreement for the use and
purposes mentioned in it and that t is his/her act and deed.
IN WITNESS OF THE FOREGOING. I have set7m=yh nd and o"friciall seal in the State and
County aforesaid on this day
20 14--
JACQUEUNE X LACKEY
State gj Florida N
et I)OC 16. 2015 MyCommission Expires: id - 1 6-1(- 1
m No "U"
atafy Pub - State 0 Florida NOTARY BLIC
E 50615
M
,nm, Expiret oec m 2ci5
g
Cornwftsiori 0 EE 050.615
Pop 12 of 12
710 Nardi FedoW Hkghvmy, Boynim Beach, FL 3M36 Pharm 661-737-3256 Fax 501-M-3258
rNW-Mkh§9W1Q0MM
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I f you would like to be apart o f the Ocean
P laza a nd th n ew redevelopment of dow rq
. 7
., .e_.
Boynton Beach, now is the time!
Boynton Beach CRA grant incentives may be
available
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OCEAN PLAZA LEASE
INDEX
ARTICLE PAGE
I Basic Lease Provisions 2
11 Rent 3
III Construction of Leased Premises 7
IV Conduct of Business by Tenant 7
V Security Deposit 8
VI Signs, Merchandise Display, Alterations and Liens 9
VII Repairs, Maintenance and Access by Landlord 10
Vill Indemnity and Exculpation: Insurance 12
Ix Quiet enjoyment 13
X Assignment and Subletting 13
XI Utilities 14
X11 Default 15
X11 Waiver and Estoppel 17
XIV Attornment and Subrogation 17
Xv Condemnation 18
XVI Miscellaneous 18
xvil. Environmental 20
OCEAN PLAZA LEASE AGREEMENT
THIS LEASE, dated this 16 day of July 2014 by and between High Ridge Properties, LC (the
"Landlord"), whose address is 640 East Ocean Avenue, Suite 1 Beach, FIL 33435, and
Judy Mollica, individually, whose address is 4400 N. Ocean Blvd. #4, Gulfstream, FIL 33463 and
Barbara Heiss, individually, whose address is 455 NE 5 1h Avenue "D" 176, Delray Beach, FL
33483 and Oceano Realty Inc. (the "Tenants).
ARTICLE I- BASIC LEASE PROVISIONS
WITNESSETH:
Section 1.01 Leased Premises
(A) in consideration of the rents, covenants, conaitions an agreements hereafter reserved
and contained on the part of the Tenant to be observed and performed, the Landlord demises
and lets to the tenant, and Tenant rents from the Landlord, those certain premises now existing or
hereafter to be erected in Ocean Plaza, 640 at Ocean Avenue, Boynton Beach, FL 33435 and
more specifically described as Unit 10.
(B) The premises extend to the exterior faces of all exterior walls and to the center
line (CIL) of wells separating the premises in the same building (complex) not demised under this
lease.
(C) Together with the appurtenances specifically granted in this lease, including the non-
exclusive use in common with others of the Common Areas as herein more fully provided, but
reserving and excepting to the Landlord (i) the use of (a) the exterior faces of the exterior walls,
(b) the roof, (c) the lower surface of the floor slab of any higher floor, and (ii) the right to install,
maintain, use, repair and replace pipes, ducts, conduits and wires leading through the premises
in locations which will not materially interfere with Tenant's use thereof, and serving other parts of
the building (complex) containing the demised premises.
Section 1.02 Length of Term
The to of this lease shall be for 2 (two) years and zero months- Tenant shall have the option to
renew for an additional 2 (two) year term at a monthly rental amount described in Article 11,
Section 2.01 below, with the same terms and conditions of this lease. In order to exercise the
option to renew, tenant must give the landlord written notice of its intent to exercise the option no
later than 60 days prior to the expiration of the initial lease term to Landlord via Certified Mail,
Return Receipt Requested. Landlord may refuse to renew if any rent or other expenses payable
by the Tenant is in arrears, or if Tenant is in violation of any covenant contained in this iease.
Section 1.03 Commence of Term
The term of this lease shall commence on August 1, 2014 and end on July 31, 2016. Uniess
sooner terminated.
ARTICLE _ RENT
Section 2A1 -Fixed Minimum Annual Rent
Tenant agrees to pay to Landlord throughout the full term of this lease, without demand, set -off or
deduction, as hereinafter set forth, an annual guaranteed minimum (base rent) of $11,199.96
payable in equal monthly installments (the "Basic Monthly Rent") of $933.33 plus sales taxes
payable in advance on the first (1 day of each calendar month of the first year, beginning
August 1, 2014 and ending July 31, 2015 the annual (base rent) amount shall increase to
$11,535.96 papble in equal monthly installments of $961.33, plus sales tax payable in advance
on the first (1 day of each calendar month of the term, beginning August 1, 2015 and ending
July 31, 2016. Rent shall be increased annually by 3 (three) %. Said increases shall apply to
each year and of each year of the renewal term. All rent payments shall be paid to the Landlord at
640 East Ocean Avenue, Suite 18, Boynton Beach, FI_ 33435 (payable to High Ridge
Properties, LLC), or at such other place Landlord may from time to time designate in writing_
Tenant agrees to pay to Landlord each installment of base rental in advance on the first day of
each month of the term with the rent for the first month last month and the security de osit to
be paid upon the execution of this lease.
Any change in the amount of the Monthly Rent shall carry with it a corresponding recomputation
of sales tax.
In the event Tenant fails to pay when due the Monthly Rent or any other amount payable by
Tenant hereunder, within 7 days of its due date, Landlord shall be entitled to receive and Tenant
shall pay a 10.0% penalty plus interest on such unpaid amount, from the date such payment was
due, at the rate of 18.0% per annum. In the event tenant is late more than three times in any
calendar year, landlord shall have the right to terminate this lease.
Section 2.02 Cease Year
The term "lease year" as used herein shall mean consecutive twelve -month periods.
Section 2.03 Taxes
(A) Tenant agrees to pay to Landlord any sales or use tax or excise tax imposed or levied
against rent or any other charge or payment required hereunder to be made by Tenant which has
been imposed or may be levied by any governmental agency having jurisdiction there over.
(B) Tenant shall pay as additional rent hereunder, during the original term hereof and any
extension thereof, a pro rata share of all ad valorem and real estate taxes levied or assessed
against, and of all assessments for public improvements benefiting the site containing the
demised premises. Upon receipt of each tax bill (disregarding any discounts or penalties) for any
tax or assessment against the property, Landlord shall advise Tenant in writing of the amount of
such tax or assessment, and Tenant's pro rata portion there of payable by Tenant to Landlord,
and Tenant shall pay such portion to Landlord together with and as a part of the monthly
installment of BMR next becoming due. If the term of this lease does not commence on the first
day of the calendar year and end on the last day of a calendar year, Tenant's share of any such
tax or assessment for the year in which the lease term commences shall be prorated from the
Commencement Date, and the Tenant's share of any such tax or assessment for the year in
which the lease term ends shall be prorated to the date upon which the lease term ends.
Reasonable expenses incurred by Landlord in obtaining or attempting to obtain a reduction of any
3
real estate taxes shall be added to and included in the amount of such real estate taxes. Such
taxes as are being contested by Landlord shall nevertheless be included for purposes of the
computation of the liability of the Tenant, provided however that in the event that Tenant shall
have paid any amount of additional rent pursuant to this section and the Landlord shall thereafter
receive a refund of any portion of any real estate taxes on is such payment shall have been
based, Landlord shall pay to Tenant, Tenant's proportionate share of such refund within 30 days
of Landlord receiving a refund and Landlord shall have no obligation to contest, object or litigate
the levying or imposition of any real estate taxes and may settle, compromise, consent to waive
or otherwise determine in its sole discretion any real estate taxes without consent or approval of
Tenant.
Section 2.04 Insurance Premiums
During the original term and any extensions or renewals thereof. Tenant shall pay to Landlord, as
additional rent hereunder, Tenant's proportionate share of all reasonable costs and expenses of
Landlord, in maintaining insurance on the buildings and the land (including all improvements
thereto) such as, but not limited to, fire and extended coverage, rent interruptions and such other
insurance covering all hazards and perils 'included within customary "all risks" coverage, said
insurance to be on a full value repair or replacement basis, as determined by Landlor ood
insurance, rent insurance and such other insurance as may be required by Landlord's mortgagee
comprehensive general liability in an amount to be determined by Landlord but not to less than
$1,000,000.00 per occurrence. Tenant shall also pay to Landlord, in addition to and together with
TenanVs pro rata share of normal insurance costs and expenses, the entire amount of any
extraordinary or additional premium for insurance occasioned by or resulting from Tenant's use of
the premises.
Section 2.05 Shopping Center Operating Costs
During the original term and any extensions or renewals thereof, Tenant snail pay to Landlord, as
additional rent, Ten s pro to share of all reasonable costs paid or incurred by Landlord in
managing, operating, maintaining and repairing the buildings, and any addition thereto, and in
managing, operating and maintaining the land, including without limitation, water, sewer,
dumpster1refuse removal, parking areas, driveways, walkways, lighting, landscaping, irrigation,
drainage, and security in the Ocean Plaza Shopping Center Complex-
The Tenant's pro rata share of all costs and expenses plus sales tax referred to in this Article
shall be as indicated in Section 2.06 below- Tenant shalt pay to Landlord with each installment of
Basic Monthly Rent, additional rent equal to 1112 of Tenant's annual pro rata share of the
estimated costs and expenses. Landlord may modify costs and expenses at its sole discretion
quarterly during each calendar year on January V t , April 1 July 1 and October I s ', to reflect
Landlord's experience and reasonably anticipated costs and the actual costs of such items in past
quarters and, provided Landlord has given Tenant written notice at least five (6) days prior to the
effective date, which shall be the first day of the quarter. Tenant shall pay its pro rata share
monthly, beginning on the first day of such quarter, together with Basic Monthly Rent and sales
tax.
Section 2.06 Tenant's Pro rata or Proportionate Share
Tenant and Landlord hereby agree that the gross leasable square footage of the premises is
approximately 700 square feet and the gross leasable area of the building is 16,880 square feet.
As used in this lease the term "Tenant's Pro Rata or Proportionate Share" shall mean current
additional rent of J!j.95 per square foot.
Tenant shall initially pay to the landlord, together with the monthly rent installments, the sum
estimated to be Tenant's pro rata share of the direct expenses and direct tax expenses, as
4
additional rent hereunder. Within sixty (60) days after the end of the lease term, Landlord shall
furnish Tenant with a statement covering the term just expired, certified as correct by an
authorized representative of the Landlord, showing the actual direct expenses and direct tax
expenses and the amount of Tenant's pro rata share of such expenses for such term and the
payments made by Tenant with respect to such term- Such statement shall include true and
correct copies of all bills evidencing such costs. If tenant's additional rental payable under this
lease is greater or less than the total amounts actually billed to and paid by Tenant pursuant to
the estimate during the year, a payment shall be made by Landlord or Tenant, whichever the
case may be, within 20 days,
Even though the to has expired or terminated and Tenant has vacated the premises when the
final determination is made of Tenant's pro rata share of direct expenses and direct tax expenses
for the year in which this lease expires or terminates, Tenant shall immediately pay any increase
due over the estimate, and, conversely, any overpayment made in the event such expenses
decrease shall be immediately refunded by Landlord to Tenant.
Section 2.07 Parking and Common Areas
In addition to the demised premises, Tenant shall have the right to non-exclusive use of all
facilities furnished by Landlord in Ocean Plaza and designated for the general use, in common,
with Landlord, other tenants, and the guests, employees and invitees of same, subject to the
terms and conditions of this lease and to reasonable rules and regulations for the use thereof as
prescribed from time to time by Landlord. The parking area shall be provided with adequate
lightingand shall be maintained in good condition by Landlord, and Landlord shall have the right
at any time to change or mod4 the design and layout of the parking are (s).
The common areas shall be subject to the exclusive control and management of Landlord, who
shall have the right to establish, modify, change and enforce from time to time rules and
regulations with respect to the common areas so long as such rules are not discriminatory against
Tenant; and Tenant agrees to abide and conform with such rules and regulations, Tenant further
agrees that it and officers and employees will park their vehicles only in such areas as Landlord
may from time to time designate f o r e mployee parking, which areas may be within or without the
area adjacent to the demised premises. Tenant agrees that it will, within five (5) days after
written request by Landlord, furnish to Landlord the state automobile license numbers assigned to
its vehicles and those of its employees. Vehicles belonging to Tenant or Tenant's employees
who violate a restriction to park in designated areas may be towed away by Landlord at the cost
of Tenant or Landlord may charge Tenant a daily rate of $10.00 per day for any such vehicle
parked in the common areas other than the designated employee parking area.
In the event that Landlord deems it necessary to prevent the acquisition of public rights in and to
the site, Landlord may from time to time temporarily close portions of the common areas, and
may erect private boundary markers to take such stems as deemed appropriate for that purpose.
Such action shall not constitute or be considered an eviction or disturbance of Tenant's quiet
possession of the premises. Neither the parking area nor any other part of the common areas
shall be used by Tenant, or any agent or employee of Tenant, for any advertising, political
campaigning or other similar use, including, without limitation, the dissemination of advertising or
campaign leafl ets for flyers.
Section 2.08 License
All common areas and facilities not within the leased premises, which Tenant may be permitted to
use and occupy, are to be used and occupied under a revocable license, and if such license were
revoked, or if the amounts of such areas are diminished, Landlord shall not be subject to any
liability nor shall Tenant be entitled to any compensation of diminution or abatement of rent, nor
shall such revocation or diminution of such areas be deemed constructive or actual eviction,
5
Section 2.09Additional Rent
In order to give Landlord a lien of equal priority with Landlord's lien for rent, and for no other
purpose, any and all sums of money or charges required to be paid by tenant under this lease,
whether or not the same be so designated, shall be considered "Additional Renr- If such
amounts or charges are not paid at the time provided in this lease, they shall nevertheless, if not
paid when due, be collectible as additional rent with the next installment of rent thereafter failing
due hereunder, but nothing herein contained shall be deemed to suspend or delay the payment of
any amount of money or charges as the same become due and payable hereunder, or limit any
other remedy of the Landlord.
ARTICLE III ® CONSTRUCTION OF LEASED PREMISES
Section 3.01 Landlord's Work and Tenant's Work
Landlord agrees that it will supply, units 10 in "as is" condition. Landlord will deliver this space to
Tenant with air conditioning unit in good working order. Thereafter, Tenant ill maintain and
service air conditioning unit at its expense-
Tenant agrees, at its own cost and expense, to perform all other work.
Section 3.02 Changes and Additions to Buildings
Landlord hereby reserves the right at any time to build additional stores onto an for perform
alterations tote building and/or site property in is the premises are contained, and to build
adjoining the same. Landlord also reserves the right to construct other buildings of
improvements, including, but not limited to, structures for motor vehicle parking, and Tenant
agrees to cooperate with Landlord in permitting Landlord to accomplish such construction, if any.
ARTICLE IV — CONDUCT OF BUSINESS BY TENANT
Section 4.01 Use of Premises
Tenant, its successors and assigns, shall use the premises exclusively for the purpose of
operating a real estate office , and for no other uses or purpose whatsoever, and further agrees to
conduct its business in the premises under the name of or trade name of QgLe�anoR ItY, Inc.
and no other name except as may be first approved by Landlord in writing, which approval cannot
be unreasonably withheld.
Tenant will operate the leased premises and have them fully open and available for business
during the usual business hours, a minimum of 40 hours weekly. During the time that Tenant is
open for business, Tenant will provide adequate personnel and sales force to service the
customers of the business; provided however if Tenant is unable to comply by reason of shortage
of materials, strikes, acts of God, destruction of the premises by fire, or any other reason or cause
beyond Tenant's control, financial inability of Tenant excepted, Tenant shall not be deemed to be
in default under this lease.
Section 4.02 Tenant 119 alt Not
Tenant shall comply with all laws, ordinances, rules and regulations of governmental authority
respecting the use, operation and activities of the premises (including sidewalks, street
approaches, drives, entrances and other common areas serving the premises); maintain the
show windows, if any, in a neat and clean condition and shall keep the walkways adjacent to the
premises clean and free from rubbish.
6
Tenant shall not permit any unlawful, improper or offensive us of the premises, common areas, or
such other areas, or any part thereof, nor permit any nuisance thereon make any use of the
premises which would make void or void able any policy of insurance covering the premises or
common areas; burn any trash of any kind in or about the premises permit rubbish, refuse or
garbage to accumulate; permit any fire or health hazard to exist, upon or about the premises;
leave premises vacant or suffer or permit any waste or mistreatment thereof.
ARTICLE V — SECURITY DEPOSIT
Section 5.01 Amount of Deposit
Tenant, contemporaneously with the execution of this lease, has deposited with Landlord, and
Landlord hereby acknowledges receipt of $933.33 (if by check, subject to collection), which shall
be held by Landlord, without accrual of interest, as security for the faithful performance by Tenant
of all the terms of the lease. Said deposit shall not be mortgaged, assigned, transferred or
encumbered by Tenant without the express prior written consent of Landlord, and any such act
on the part of the Tenant shall be without force and effect and shall not be binding upon the
Landlord.
Section 5.02 Use and Return of Deposit
If any of the rents herein reserved or any other sum payable by Tenant to Landlord hereunder
shall be overdue or unpaid, or should Landlord make payments on behalf of the Tenant, or if
Tenant shall fail to perform any of the terms of this lease, then Landlord, at its option and without
prejudice to any other remedy which Landlord may have on account thereof, may appropriate and
apply said entire deposit, or so much thereof as may be necessary to compensate Landlord,
toward the payment of any rent or additional sum due hereunder or to any loss or damage
sustained by Landlord due to such breach on the part of the Ten n; and Tenant shall forthwith
upon demand restore said security deposit to the original sums deposited. Should Tenant comply
with all of the terms and promptly pay all of the rentals and all other sums payable by Tenant to
Landlord as they become due, said deposit shall be returned in full to Tenant at the end of the
term, In the event of Bankruptcy or other creditor debt proceedings against tenant, the security
deposit shall be deemed to be first applied to the payment of rent and other charges due Landlord
for all periods prior to the filing of such proceedings.
ARTICLE VI — SIGNS, MERCHANDISE DISPLAY, ALTERATIONS & LIENS
Section 6.01 Signs
Tenant shall not place or suffer to be placed or maintained upon any exterior door, roof, waif of
window of the premises any sign, awning, canopy or advertising matter or any thing of any kind,
and will not place or maintain any freestanding standard within or upon the common area or the
premises immediately adjacent thereto, without first obtaining Landlord's express prior written
consent. Signage shall include a standard sign showing business hours. Tenant also agrees to
maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as
may be approved by Landlord in good condition and repair at all times and to remove the same at
the end of this lease, as and if requested by Landlord. Upon removal thereof, Tenant agrees to
repair any damage caused by such installation and/or removal. Tenant shall provide Landlord
with a copy of a bon ' a fide contract for signs ge over his/her space, complying with Landlord's sign
specifications and prior approval, within 60 days after the commenc e ment date of this lease or
the effective date of any approved assignment of sub-lease requiring a change in signage.
Landlord agrees that all existing storefront sign age is acceptable.
7
Section 6.02 Merchandise Display
Tenant shall not have the right to display any merchandise in showcases or other installations on
the exterior of the premises, nor shall Tenant maintain any loud speaker, voice making or other
sound projection device in such a manner as to be audible to anyone outside of the premises. In
addition, Landlord shall have the right to approve or disapprove any merchandise display,
whether within or without the premises, which is visible from the exterior of the premises.
Section 6.03 Alterations
Tenant shall not make any alterations or addition to the premises, including the installation of air-
conditioning, plumbing fixtures, or the installation of any floor covering, without Landlord's prior
written consent. Any alteration or addition made shall remain on and be surrendered with the
premises on expiration or termination of the lease, except the Landlord can elect within thirty (30)
days before, or within ten (10) days after expiration or termination of the term of the lease, to
require Tenant to remove any alterations or addition that Tenant or its assignor has made to the
premises.
If Landlord so elects, Tenant at its own cost shall restore the premises to the original condition of
the space as it was at the time Tenant took position, before the last day of the term, or within
thirty (30) days after notice of election is given, whichever is later.
Section 6.04 Liens
Tenant agrees that it will make full and prompt payment of all sums necessary to pay for the cost
of repairs, alterations, improvements, changes or other work done by Tenant to the premises and
further agrees to indemnify and hold harmless the Landlord from and against any and all such
costs and liabilities incurred by tenant, and against any and all mechanic's, material man's or
laborer's liens arising out of or from such work or the cost thereof which may be asserted,
claimed or charged against the premises or the principals of Ocean Plaza. Notwithstanding
anything to the contrary in the lease, the interest of Landlord in the premises shall not be subject
to liens for improvements made by or for Tenant, whether or not the same shall be made or done
in accordance with an agreement between Landlord and Tenant, and it is specifi cally understood
and agreed that in no event shall Landlord or the interest of the Landlord in the premises be liable
for or subjected to any mechanic's, material man's or laborer's liens for improvements made by
Tenant or for which Tenant is responsible for payment under terms of this agreement. All
persons dealing with Tenant are hereupon placed upon notice of this provision. In the event any
notice or claim of lien shall be asserted of record against the interest of Landlord in the premises
or Ocean Plaza on account of or growing out of improvement or work done by or for Tenant, or
any person claiming by, through or under Tenant, or for improvements or work the cost of which
is the responsibility of Tenant, Tenant agrees to have such notice of claim of lien cancelled and
discharged of record as a claim against the interest of Landlord in the premises or Ocean Plaza
(either by law) within ten (10) days aft er notice to tenant by Landlord, and in the event Tenant
shall fail to do so, Tenant shall be considered in default under this lease. Upon execution of this
agreement, Landlord and Tenant shall execute a Memorandum of this lease (at ' the option of the
Landlord), said Memorandum to be recorded in the public records of Palm each County, State
of Florida, setting forth the provisions of this Section 6.04.
ARTICLE V11 — REPAIRS, MAINTENANCE AND ACCESS BY LANDLORD
Section 7.01 Resp(?nsibility of Landlord
Landlord shall not be called upon and shall have no obligation to make any repairs,
improvements or alterations whatsoever to the premises. Landlord shall maintain the exterior
walls (but not glass, plate glass, windows, front entry door and closers, interior doors, or painting)
in good repair, and shall keep the roof of the buildings water tight; provided, however, that
Landlord shall not be required to make any repairs to the roof or any other part of the premises
until notice of the need for such repairs to the roof or any other part of the premises is given to the
Landlord by Tenant, and it is understood and agreed that Landlord shall not be responsible to the
Tenant for any damage Tenant may sustain by a leak in the roof, windows, walls or pipes or for
any damage on account of windstorm, hurricane, fire or otherwise, unless damage is caused by
Landlords negligence- Also, Landlord shall not be liable for or required to make any repairs, or
perform any maintenance to or upon the premises, which are required by, related to, or which
arise out of negligence, fault, misfeasance or malfeasance of and by Tenant, its employees,
agents, invitees, licensees or customers, in which event Tenant shall be responsible therefore.
Section 7.02 Responsibifity of Tenant
Tenant shall service, keep and maintain the interior of the premises including all plumbing and
plumbing fixtures, wiring, air conditioning, piping, light fixtures, interior doors, front entry door
(including closers), windows, equipment and appurtenances, in good and substantial repair
during the entire term of this lease and shall replace all glass in the windows and doors broken
during the lease term, but such agreement of Tenant shall not apply to any damage caused by
Landlord or Landlord's agent, fire or other casualty which is covered (except for any applicable
deductible, which will be the Tenant's responsibility to pay) by standard fire, extended coverage
and other perils insurance. Tenant agrees to make repairs promptly as they may be needed at its
own expense, and at the end of the term of this lease Tenant shall deliver up the premises in a
broom-clean condition with all glass and all windows and doors intact. Tenant shall maintain the
air-conditioning filter by replacing the filter with new filter a minimum of on every 30 days- At all
times, the Landlord shall give the Tenant the benefit of any warranties from workmen and
suppliers who have performed or delivered work, services or material to the complex.
In the event Tenant does not keep and maintain the premises to Landlord's satisfaction or make
the said repairs or replacements within a ten (t D) day period after notice from Landlord, or in case
of repair which, for use beyond Tenant's control, cannot with due diligence be cured within said
allotted period of ten days, if tenant shall not have promptly after notice commenced such repairs
and thereafter diligently prosecuted same to completion, within a reasonable time, then Landlord
may, in addition to any other remedies it may have under law or this lease, enter upon the
premises and maintain the premises and/or make the said repairs or replacements itself, as the
case may be, and charge - the cost thereof to Tenant plus 20% for overhead as additional rent
hereunder together with interest at the to of 18% from the date of expenditure by Landlord to
the date of payment by Tenant
Section 743 Access by Landlord
Landlord or its representatives shall have the right to enter upon the premises, at times which will
not unreasonably interfere with business of Tenant, for the purpose of inspection and to make or
use to be made any repairs or otherwise to protect its interest, but the right of the Landlord to
enter, repair or do anything else to protect its interest, or the exercise or failure to exercise said
right, shall in no way diminish Tenant's obligations or enlarge Landlord's obligations under this
lease, or affect any right of Landlord, or create any duty or liability by Landlord to Tenant or any
third party. Landlord may, within sixty (60) days next preceding the expiration of the term, enter
to place and maintain notices, for ietting, free from hindrance or control of Tenant, and to show
the premises to prospective tenants thereof at times which will not unreasonably interfere with
business of Tenant. If Tenant shall vacate the premises during the last month of the term of this
lease, Landlord shall have the unrestricted right to enter same after Tenant's moving to
commence preparation for the succeeding tenant or for any other purpose whatsoever, without
affecting Tenants obligations to pay rent for the full term.
ARTICLE VIll — INDEMNITY AND EXCULPATIONS; INSURANCE
Section 8.01 Exculpation and Indemnity of Landlord
Landlord shall not be liable to tenant for any damage to tenant or Tenant's property, and tenant
waives all claims against landlord for damage to person or property from any cause- Tenant shall
hold Landlord harmless from all damages arising out of any damage to any person or property
occurring in, on, or about the premises and the building, unless said damages are caused by
Landlord's willful misconduct or gross negligence, A party's obligation under this Article to
indemnify and hold the other party harmless shall be limited to the sum that exceeds the amount
of insurance proceeds, if any, received by the party being indemnified-
Section 8.02 Public Liability and Property Damage Insurance
Tenant at its cost shall maintain public liability and property damage insurance with liability limits
of not less than $2,000,000-00 aggregate and $1,000,000-00 per occurrence insuring against all
liability of tenant and its authorized representatives arising out of and in connection with tenant's
use or occupancy of the premises.
All public liability insurance and property damage insurance shall insure performance by tenant of
the indemnity provision of Article Vill Section 8.01. Both parties shall ben e s additional
insureds; the policy shall contain cross-liability endorsements, and shall be primary insurance as
far as landlord is concerned.
All the insurance required under this lease shall:
Be issued by insurance companies authorized to do business in the State of Florida, with
financial rating of A.
Be issued as a primary policy.
Contain an endorsement requiring 30 days written notice from the insurance company to
both parties and Landlord's lender before cancellation or change in the coverage, scope, or
amount of any policy.
Be renewed not less than 30 days before expiration of the term of the policy.
Each policy, or a certificate of the policy, together with evidence of payment of premiums, shall be
deposited with Landlord at the commencement of the term and on each renewal of the policy.
Section 8.03 Increase in Amount of Public Liability and Property Damage Insurance
Not more frequently than every three years, it, in the reasonable opinion of Landlord's lender or of
the insurance broker retained by Landlord, the amount of public liability and property damage
insurance coverage at that time is not adequate, tenant shall increase the insurance coverage as
reasonably required by either Landlord's lender or Landlord's insurance broker. The cost of said
increased coverage shall not be greater than 10% of the cost of coverage at the beginning of the
lease term or at the beginning of any renewal period.
Section 8.04 Waiver of Subrogation
The parties release each other, and their respective authorized representatives, from any claims
for damage to any person or to the premises and the building and other improvements in which
the premises are located, and to the fixtures, personal property, tenant's improvements, and
alterations of either landlord or tenant in or on the premises and the building and other
improvements in which the premises are located that are caused by or result from risks insured
against under any fire and extended coverage insurance policies carried by. the parties and in
10
force at the time of any such damage. Tenant shall cause each insurance policy obtained by it to
provide that the insurance company waives all right of recovery by way of subrogation against
Landlord in connection with any damage covered by any policy.
ARTICLE IX — QUIET ENJOYMENT
Section 9.01 Quiet Enjoyment
Landlord covenants that so long as Tenant pays the rent reserved in this lease and performs its
agreements hereunder, Tenant shall have the right to quietly enjoy and use the premises for the
term hereof, subject only to the provisions of this agreement.
ARTICLE X — ASSIGNMENT AND SUBLETTING
Section 10,01 Assignment and Subletting
Tenant shall not assign this lease not any rights nereunaer, nor let or sublet all or any part of the
premises, nor suffer or permit any person or corporation to use any part of the premises, without
fi rst obtaining the express prior written consent of Landlord, which consent Landlord, may
arbitrarily withhold. A copy of any proposed assignment or sub-lease must be submitted to
Landlord. Should Landlord consent to such assignment or to a sub-lease of all or any part of the
premises, Tenant does hereby guarantee payment of all rent herein served until the expiration of
the term hereof, and no failure of the Landlord to promptly collect from any assignee or sub-
tenant, or any extension of the time for the payment of such rents, shall release or relieve Tenant
from its guaranty or obligation of payment of such rents. No acceptance by the Landlord from
other than the Tenant of any payment due hereunder shall be construed a consent by Landlord to
any assignment or subletting by the Tenant, or give the Tenant any right to permit another to
occupy any portion of the premises except as herein expressly provided.
ARTICLE XI — UTILITIES
Section 11.01 Utilities
Tenant shall pay all costs and expenses for gas, electricity, pest control, phone and internet,
alarm, and any and all other utilities furnished to or used in connection with the premises for any
purpose whatsoever during the term of this lease, promptly as each thereof shall become due
and payable.
The cost of trash and/or garbage collection shall be paid indirectly by Tenant through the
common area maintenance fees to the person or entity performing such removal service
("Removal Contractor"), or Landlord may, at its of option, elect to contract for trash and/or
garbage removal for an individual Tenant, several Tenants, or all Tenants (hereunder called
"Participants"). If Landlord so elects, the Participants shall pay a 'fair share" of the costs thereof,
such "fair share" to be determined as follows
The Removal Contractor, based on its expertise, shall make a determination as to the
requirements for disposal for each individual Participant and the cost thereof. The "fair share"
shall be.-the percentage (%) that each Participant's cost bears to,the total cost of all Participants,
11
multiplied times the actual cost of the contract. Such amounts shall be payable under the terms of
this lease, a n d s hall be in addition to common area maintenance expense,
It shall be the Tenants sole responsibility to place all garbage and trash from their respective
premises in a dumpster or trash bin, if any, provided by Landlord or Removal Contractor which
has been designated for use by Tenant. Otherwise, it is to be placed on appropriate days for
pick-up in approved containers as required by Removal Contractor. No trash or garbage shall be
allowed to collect upon or about the premises except in a dumpster or other approved receptacles
on scheduled pick-up days. No dumpster or other receptacles shall be placed on parking or other
common areas, except at authorized designated places on scheduled days, without prior written
approval of Landlord. In the event Tenant should place any refuse material in an unapproved
area or outside the approved receptacle, Landlord may, two (2) days after verbally notifying
Tenant, have said refuse removed and Tenant shall make prompt payment for al the costs of said
removal.
ARTICLE XII — DEFAULT OF TENANT
Section 12.01 Default of Tenant
In the event Tenant shall (a) it to make any rental or other payment due hereunder within ten
(1 0) days after the same shall become due, or in the event: (b) a petition in bankruptcy (including
Chapter X and Chapter A bankruptcy proceeding or any other reorganization proceedings under
the Bankruptcy Act) be filed by the Tenant, or be filed against the Tenant, and such petition is not
dismissed within thirty (30) days from the filing thereof, or in the event Tenant is adjudged a
bankrupt; or , (c) an assignment for the benefit of creditors is made by Tenant; or, (d) of an
appointment by any court of a receiver or other court officer of Tenant's property and such
receivership is not dismissed within thirty (3) days from such appointment or (e) Tenant removed,
attempts to remove, or permits to be removed from the leased premises, except in the usual
course of trade, the goods, furniture, effects or other property of the Tenant brought thereon; or,
(f) Tenant before the expiration of the to hereof and without the written consent of the Landlord,
vacates the leased premises or abandons the possession thereof, or uses the same for purposes
other than the purpose for which the same are leased, or ceases to use the leased premises for
the purposes herein expressed; or, (g) an execution or other legal process is levied upon the
goods, furniture, effects or other property of Tenant brought on the leased premises, or upon the
interest of Tenant in this lease, and the same is not satisfied or dismissed within ten (10) days
from such levy or process; or, (h) breach or failure to perform any of the agreements herein other
than the agreement to pay rent, and shall fall to cure such breach within ten (10) days after
written notice from Landlord, then Landlord in any such event shall have the options as follows:
Section 12.02 Remedies of Landlord
Landlord shall have the immediate right to re-enter the leased premises, either by summary
proceedings and to dispossess Tenant and all other occupants therefrom and remove and
dispose of all property therein in the manner provided in the third paragraph of this Section, with
resort to legal process. Landlord shall also have the right, at its option, to terminate this lease
upon ten (10) days prior written notice to Tenant, and to thereupon re-enter and take possession
of the said premises with legal process. In the event on any such default or breach, Landlord shall
have the right, at its option, from time to time, without terminating this lease, to re-enter and re-let
the premises, or any part thereof, with legal process, as the agent and for the account of Tenant
upon such terms and conditions as Landlord may deem advisable or satisfactory, in which event
the rents received on such re-letting shall be applied first to the expense of such re-letting and
collection including, but not limited to, necessary renovation and alterations of the leased
premises, reasonable attorney's fees, any real estate commissions paid, and thereafter toward
payment of all sums due or to become due Landlord hereunder, and if a sufficient sum shall not
be thus realized or secured to pay such sums and other charges, (1) at Landlord's option, Tenant
shall pay Landlord any deficiency monthly, notwithstanding Landl9rd may have received rental in
12
excess of the rental stipulated in this lease in previous or subsequent months, and Landlord may
bring an action therefore as such monthly deficiency shall adse, or (11) at Landlord's option, the
entire deficiency, which is subject to ascertainment for the remaining term of this lease, shall be
immediately due and payable by Tenant- Nothing herein, however, shall be construed to require
Landlord to re-enter and re-let in any event. The Landlord shall not, in any event, be required to
pay Tenant any surplus of any sums received by Landlord on a re-letting of said premises in
excess of the rent provided in this lease.
In the event of any such default or breach, the Landlord shall have the right, at its option to
declare the rents for the entire remaining term an other indebtedness, if any, immediately due and
payable without regard to whether or not possession shall have been surrendered to or taken by
Landlord, and may commence action immediately thereupon and recover judg men t therefore.
The Landlord, in addition to other rights and remedies it may have, shall have the right to remove
all or any part of the Tenant's property from said premises and any property removed may be
stored in any public warehouse or elsewhere at the cost of, and for the account of Tenant and the
Landlord shall not be responsible for the care of safekeeping thereof, and the Tenant hereby
waives any and all loss, destruction and/or damage or injury which may be occasioned by any of
the aforesaid acts, as long as Landlord complies with all la s-
such entry or taking possession of said [eased premises by Landlord shall be construed as an
election on Landlord's part to terminate this lease unless a written notice of such intention is given
to Tenant- Notwithstanding any such re-letting without termination, Landlord may at all times
thereafter, elect to terminate this lease for such previous default or breach. Tenant shall allow
any such re-entry without hindrance, and Landlord shall not be liable in damages for any such re-
entry, or guilty of trespass or forcible entry, as long as Landlord complies with all laws. The
delivery of keys to Landlord or any employees of Landlord or the Landlord's agent of any
employee thereof, shall not operate as a termination of this lease or surrender of the premises,
Any and all sums due under this lease from Tenant to Landlord and not paid on the date due shall
bear interest from the date due at the to of eighteen percent (18%) per annum until fully paid.
The remedies for which provision is made in this Article X11 shall not be exclusive and any and all
rights, remedies and options given in this lease to Landlord shall be cumulative and in addition to
and without waiver of or in derogation of any right or remedy given to it under any law now or
hereafter in effect. In any event, and irrespective of any option exercised by Landlord, Tenant
agrees to pay and the Landlord shall be entitled to recover all costs and expenses incurred by
Landlord, including reasonable attorney's fees, in connection with collection of rent or damages or
enforcing other rights of Landlord in event of a breach or abandonment by Tenant. Tenant
hereby expressly waives any and all rights of redemption, if any granted by or under any present
or future law in the event Tenant shall be evicted or dispossessed for any cause, or event
Landlord shall obtain possession of the premises by virtue of the provisions of this lease, or
otherwise-
ARTICLE X111 — WAIVER OR ESTOPPEL
Section 13.01 Waiver or Estoppel
The failure of Landlord to insist, in any one or more instances, upon strict performance of any
covenants or agreements of this lease, or exercise any option of Landlord herein contained, shall
not be construed as a waiver or relinquishment for the future of such covenant, agreement or
option, but the Same shall continue and remain in full force and effect. Receipt of rent by
Landlord, with knowledge of the breach of any covenant or agreement hereof, shall not be
deemed to have been made unless expressed in writing and signed by Landlord. Any
acceptance of rent or other such payment in a lesser amount than is herein required to be paid by
the Tenant, regardless of any endorsement of any check or any statement in any letter
accompanying the payment of the same shall not be construed as an accord and satisfaction or
in any manner or other than as a payment on account by the Tenant. No waiver by the Landlord
in respect to any other Tenant shall constitute a similar waiver in favor of Tenant.
ARTICLE XIV — ATTORNMENT AND SUBORDINATION
Section 14.01 A ttornment and Subordination
All rights and interests of Tenant hereunder are and shall be and remain subject, subordinate and
inferior to all mortgages, heretofore or hereafter given and encumbering the premises, or any part
thereof, and shall likewise be subordinate and inferior to all renewals, modifications,
consolidations, replacements and extensions of any such mortgage, and the right of the holder of
any such mortgage shall at it times be and remain prior and superior to all rights and interests of
Tenant. This provision shall operate as a subordination agreement with respect to all such
mortgages and all renewals, modifications, consolidation, replacements and extensions thereof.
If the holder of any such mortgage or any person, firm or corporation agreeing to make a loan
secured by a mcitgage on the premises shall require confi rmation of any subordination for which
provision is herein made or a separate subordination agreement with respect to any mortgage
transaction, Tenant shall execute such agreement in the form required by such mortgage holder
or other person, firm or corporation agreeing to make a loan secured by a mortgage on the
premises, and the execution of the same shall not diminish or affect the liability of Tenant
hereunder or of any other party responsible for or guaranteeing the obligations of Tenant under
this lease.
ARTICLE XV — CONDEMNATION
Section 15.01 Condemnation
All compensation awarded for any sucn taking by, or conveyance to, any public or quasi-public
authority by reason of any act of such authority for which damages are payable, shall be the
property of the Landlord, whether such damage shall be awarded as compensation for diminution
in the value or the leasehold or to the fee oft a demised premises, and Tenant hereby assigns to
Landlord all of Tenant's right, title and interest in and to any and all such compensation. Tenant
shall be entitled to claim, prove and receive in the condemnation proceeding such awards as may
be allowed for trade fixtures or for loss of business "good will", depreciation or injury to and cost
of removal of stock in trade, but only if such awards shall be made by the condemnation court or
by the condemner in addition to, and shall not result in a reduction of, the award for the land and
buildings so taken.
ARTICLE XVI — MISCELLANEOUS
Section 16.01 Notices
All notices shall be in writing and any notice by I` enant to Lan(vord must be served by certified or
registered mail, postage prepaid, addressed to Landlord or the agent of Landlord at the address
first hereinabove given or at such other address as Landlord or its agent may designate by written
notice.
After commencement of the term hereof any notice by Landlord to Tenant shall be served by first
class mail, postage prepaid, addressed to Tenant at the leased premises or at such other
address as Tenant shall designate by written notice or by delivery by Landlord to the leased
premises or to such other address.
14
Notice shall be deemed to be properly given if addressed to Tenant at its last known address, if
such first class mail is refused or otherwise not delivered.
Section 16,02 Deposits and Advances
Any funds paid by Tenant to Landlord as a deposit or advance pursuant to the terms of this lease,
or any exhibit, addendum or modifiGation hereto, may be commingled with other funds of
Landlord and need not be placed in trust, deposited in escrow or otherwise held in a segregated
account. Ina diion, if any sums of money shall become payable by Tenant to Landlord pursuant
to the terms of agreement, or any exhibit, addendum or modification hereto, or by a law,
ordinance or regulation affecting this agreement, Landlord shall have the right to apply any
deposits or advances theretofore made by Tenant against sums due by Tenant to Landlord.
Section 16.03 Captions and Section Numbers
The captions, section numbers, articles numbers and index appearing in this lease are inserted
only as a matter of convenience and in no way define, limit construe, or describe the scope or
intent of such sections or articles of this lease nor in any way aff ect this lease.
Section 16.04 Brokerage
Tenant warrants and represents that it has not dealt with any broker in connection with this lease
or the premises, and agrees to defend, indemnify and hold the Landlord harmless from and
against any and all claims for brokerage fees and commissions by any broker claiming to have
dealt with him in connection with this lease. Landlord warrants and represents that not dealt with
any broker in connection with this lease or the premises and agrees to defend, indemnify and
hold the Tenant harmless from and against any and all claims for brokerage fees and
commissions by any other broker claiming to have dealt with it in connections with this lease.
Section 16.05 Recording
Tenant shall not record this lease, but upon the request t)y the Landlord, both parties shall
execute and deliver a notice of memorandum of lease, in a for satisfactory to Landlord and
appropriate for recording', the costs of such notices of memorandum shall be borne by the
Landlord.
Section 16.06 Infestations and Fumigation
If necessary to vacate the premises for fumigation or other similar treatment for termites, insects,
etc., Tenant, after a minimum of 14 days prior written notice, shall vacate the premises for the
required time for such treatment to be performed. If such treatment does not exeteedl 3 days and
4 nights (excluding any preparation time performed on the common areas, and not materially
interfering with the business operations of Tenant), it shall be without any rent abatement. Any
longer period shall abate the current tent for such additional period on a pro rata per them basis.
Tenant shall permit exterminator access to premises as required by law or regulations regarding
such treatment.
Section 16.07 Entire Agreements
Tenant agrees that Landlord has not made any statement, promise or agreement, or taken upon
itself any engagement whatsoever, verbally or in writing in conflict with the terms of this lease, or
15
which in any way modifies, varies, alters, enlarges or invalidates any of its provisions. This lease
sets forth the entire understanding between Landlord and Tenant, and shall not be changed,
modifi ed or amended except by an instrument in writing signed by the party against whom the
enforcement of any such change, modification or amendment is sought. The covenants and
agreements herein contained shall bind, and the benefits and advantages hereof shall inure to,
the respective heirs, legal representatives, successors and assigns of Landlord and Tenant.
Whenever used, the singular number shall include the plural, the plural shall include the singular,
and the use of any gender shall include all genders. The headings set forth in this lease are for
ease of reference only, and shall not be interpreted to modify or limit the provision hereof. This
agreement shall be construed in accordance with the laws of the State of Flonda- Should any
provisions of this lease and/or its conditions be illegal or not enforceable under the laws of said
State, it or they shall be considered severable, and the lease and its conditions shall remain in
force and be binding upon the parties as thought said provisions had never been included.
Section 16.08 Radon and Other
Florida Statutes, Section 404.056(8) requires the following aisciosure:
Radon is a naturally occurring radioactive as that, when it is accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels
of radon that exceed federal a n d s tate guidelines have been found in buildings in Florida.
Additional information regarding radon testing may be obtained from a county public health unit.
ARTICLE XVII - ENVIRONMENTAL
Section 17.01 Environmental
Tenant represents and warrants to Landlord that Tenant's use and activities on the premises shall
be conducted in compliance with all applicable environmental ordinances, rules, regulation,
statutes, orders, and laws of all local, state, or federal agencies or bodies with jurisdiction over
the premises or the activities conducted on the premises (hereinafter collectively revered to as
the "Environmental Laws')- in the event any of the Tenant activities require the use of
"hazardous" or "toxic" substances, as such terms are defined by any of the Environmental Laws,
then Tenant represents and warrants to Landlord that Tenant has received all permits and
approvals required under the Environmental laws with respect to such toxic or hazardous
substances. Tenant covenants and agrees to maintain the Premises in a 'clean" condition during
the term of this lease. As used in this paragraph, the term "clean' shall can that the Premises
are in material compliance with the standards set tbrth under the Environmental Laws and any
standards set forth in this lease.
In the event Tenant breaches any of its material representations, warranties, or covenants and
agreements contained in this Section or fails to notify Landlord of the release of any hazardous or
toxic substances from the Premises, then such breach or failure to notify shall be deemed a
default under this Lease and Landlord shall have all rights and remedies available to it, including,
but not limited to, the right to initiate a clean up of the Premises, in which case Landlord shall be
reimbursed by Tenant for, and in connection with such clean up of the Premises and to fully
indemnify and hold Landlord harmless from any and all losses, liabilities, expenses (including but
not limited to reasonable attorneys' and paralegals' fees at trial and all appellate levels) incurred
by Landlord as a result of any contamination of the Premises due to Tenant's use of hazardous or
toxic substances on the Premises.
If Tenant's operations require the ongoing use of hazardous or toxic substances, then Tenant
shall upon written request by Landlord supply Landlord within ten (10) days receipt of such
request with copies of reports and any other monitoring information required by the
Environmental Laws, and any failure by Tenant to do so shall be, at Landlord's option, constitute
and Event of Default under this Lease.
16
.,.� Executed Tenant on the � allay of 2014 .� ...�.,,.t
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�Z to a ' - S " to T rf n
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tness as to Tenant
Executed by Landlord on the / day ___ ......,.,.. , 2014
t -
LANDLORD:
W .Y
`s' tc Larsdlord i i Midge Properties LL
17
Application has been made to the city of Boynton Bear occupational
License for Ocean as Properties, for Judy Mollica Broker and for Barbara
Heiss Realtor.
Receipt is attached.
Upon approval from city, and after satisfactory inspection of business
premises, city and county license can be obtained.
7 '-
CITY OF BOYNTON BEACH
100 F. BOYNTON BEACH BL
BOYNTON BEACH, FL 33435
VZ'2014 1531
, ff. 00000003 11D 054Q2I
1094177300
CREDIT CARD
AMEX SALE
`ARD XXXVXXXXXX2008
NVOICE 0001
000031
w uyal Code] 523864
Aty Me icd Svod
fade: OnIhe
;AIE AMOUNT 0.26
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CUSTOMER COPY
ro
Flori Profit pM2iLatlon
O CEANO REALTY, INC.
EiHn9jnkM@#
Document Number P14000046805
FE Number NONE
Date Filed 05/27/2014
State L
AC Status
Effective Date 05/27/2014
PrincipgI Aldress
4400 N OCEAN BLVD
GU LF STREAM, FL 33483
Mailing_ r
4400 N OCEAN BLVD
GU LF STREAM, FL 33
e Isere end a e �
LLIC , JUDY
4400 N OCEAN BLVD 4
GU LF STREAM, FL 334
QfficerlDirector Q t li
Name & Address
Title PVST
LLICA, J UDY
4400 N OCEAN L
GU LF STREAM, FL 33
Title
LLIC , J UDY
4400 N OCEAN BLVD
GU LF STREAM, FL 33
i
APPLICATION FOR REGISTRATION OF FICTIT NAME
REGISTRAT G1 4000075660
Fictitious a to : OCEAN EAST PROPERTIES
Mailing Address of Business: 4400 N OCEAN BLVD 4
GULF STREAM, FL 334133
Florida County of Principal Place of Business. MULTIPLE FILED
.Iul 22,2014
Fl Number: Secretary of State
Owner(s) o f Fi Name:
OCEAN REA LTY, IN
4400 N OCEAN BLVD 4
G ULF STREAM, FL 33483 US
Florida Document Number: P14000046805
F I Number 47-0980863
1 the undersigned, being an owner in the above fictitious name, certify that the information indicated on this form is true and
accurate. I further certify that the fictitious name to be registered has been advertised at least once in a newspaper as defined
in Chapter 50, Florida Statutes, in the county where the principal place of business is located. 1 understand that the electronic
signature below shall have the same legal effect as if made under oath and I am aware that false information submitted in a
document to the Department of State constitutes a third degree felony as provided for in s. 817.155, Florida Statutes.
,.J UDY MOL 079 N20
t�lrtrr,��ir ;igr�sture�s�
- Date,
Certi f Status Requested Cettified Copy Requested }
Electronic A ficles of Incorporation P14000046805
IIFILED
For May 27 to
. Fif Sta
sgilbert
OCE-ANO REALTY INC.
The undersigned incorporator, for the puq)ose of forming a Florida
profit corporation hereby adopts the following Mides of Incorporation:
Article I
The name of the corporation is:
OCEANO REALTY. INC -
Article 11
The principal place of business address:
4400 N OCEAIN BLVD - h - 14
GULF STREAM. F1,- US 33483
11 mailing address of the corpondtion IS.
4400 N OCEAN BLVD - #A
GULF STILE I, FL. US 33483
Article III
The purpose for xxhich this corporation is organized is:
REAL ESTATE SALES AND RENTALS
Article IV
The number of shares the conPoraLion is authorized to issue is:
100
Article V
name and Florida street address of the registered agent is:
JUDY MOLLICA
4400 N OCEAN BLVD «4
GULF STREAM, FL, 33483
1 certiftr that I and familiar with and accept the responsibilities of
registered agent.
Registerod AP I
eni Signattirv-: JUDY MOLLICA
P14000046805
FILED
May 27 2014
Article V1 Sec. Of State
The name and address of the incorporator is.' sgilbert
AJDY MOLLICA
4400 NT OCEAN BLVD 44
6ULF STREAM FL, 33483
Electronic Signature o `I corporator: JUDY MOLLICA
I ain the incorporator submitting these Articles OfIncor oration and affuni that the facts stated herein are
true. I am aware that false information submitted in a Tocurnent to the Departnient of to constitutes a
third degree felony as provided for in s.817.155, F.S. I understand the requirement to file an arinual report
between January I st and May I st in the calendar year following formation of this corporation and every
vear th ere afler to maintain "active" status.
Article V11
The initial officer(s) and/or director(s) oft e corporation is/are:
Title: PVST
JUDY MOLLICA
4400 N OCEAN Ian' I3 f - 44
GULF STREAM, FL. 33493 1.7S
Title-- D
JIJDY MOLLICA
4400 NOCEAN BLVD 44
GULF STREAM, I'L. 33483 US
Article V111
The effective date f o r t his corporation shall be
05/27/2014
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Building Permit
Building Permit was not needed. Work is cosmetic only including replacing carpet, paint
with knock down finish, removing drop ceiling and replacing ceiling fixtures.
Specific List Breaking Down the Use of Funds
Remove Drop Ceiling and Disposal 800.00
Application of knock down and Paint 5000.00
New Lighting Fixtures 1619J5
Replace Counter tops 500.00
Replace Carpet 1300,00
Trim Finish or 3360.00
Total Estimated Cost $12,578.15
0 CAPITOL LIGHTING - ATN
73 N Federal
Boca an, L 334 7 Quote Order
I I Phone: 561 - 994 -9570
1 -80o tG TING. Fax; 561- 994 -9573 70230499 -
Sc Date Qrder . ate
CONFIRMA QUOTE 7/25/14 7/25/14
Sold To 2765179 - Ship T o Page 1
AL OYSE DESIGN CAPITOL LIGHTING - B BOCA RATON
455 NE 5TH AVE 7301 I\1 Federal H
D EL RAY EA ,FL 33446 Boca Raton,FL 33487
5616999077
Store Location Salesperson Customer Stare 1
. BO CA RATON 343 Dave Ake 2765179 507
Order Type Printed 7/25114 14:37:
P P ic kup
Line /O Item Vendor Description LD Price Amo
1 P 6 9003049 WAC LIGHTING 47.00 282.00
HT8 -BK 0,69x1.3 x96.001-
8FT TRACK SECTION BLACK
Pickup at ordering store
2 P 1 9005115 WAC L I G H T I N G 19.80 19.80
HT2 -K 0.69Hx1.38Wx24.00L
2FT TRACK SECTION BLACK
I CkUp a# ordering Store
P 6 9005106 C LIGHTING 9.90 59.40
HI -BK 0,75Hx1.38Wx3.131-
LIVE TRACK CONNECTORS
4 P 2 8861791 WAC LIGHTING Pickup at ordering stare 9.45 18.90
L -BK 0.75Hx1.38 x4.251_
LIVE END FEED
Pickup at orderi store
6 P 12 1290752 AC LIGHTING 16.20 194.40
HTK- 178 -K 4.00Hx2.00L
Track Head
7 P 12 1771722 SATCO PRODUCTS INC. Pickup at ordering store 10.48 125.76
54969 90W 130V 131OLx
PAR38 Clear Halogen Bulb
Pickup at ordering store
9 P 6 1291039 WAC LIGHTING 137 70 826.20
HTK -F4 -454 -BK 11.75Hx5.13
ax 5 "Mini Pendant 1 @100W(M)
Balance Due:
W s is a sal s uote onl Prices quoted are t po t`or 3 days from qte of`luote. C>�ice r uate is turned into a sale, Ca itol
t t n rs es t f c� at; sa eS at der_ you wis to convert 's qu e, to a a te, e s con ke ct yo ,,ate persan r
vi rt �it www, 00 ig Mi .ca or er an rater your quote nutn er an zip co e to eo p etc your or er on i e.
CaWitol CAPITOL LIGHTING - OCA AT0
730 N F era I uote Order
Boca Raton, L 334 7
L [ Phone: 561-994-9570
1- 0OLIG TING. Fax: 551- 994 -9573 70230499 -
Scheduled ate Order Date
QUOTE CO NFIRMAT ION 7/25/14 7/25/14
S old 2765174 Ship To P age 2
AL YSE DESIGN CAPITOL LIGHTING - BOCA RATON
455 NE 5TH ,AVE 7301 N Federal Hwy
DELRAY BEACH,FL 33446 B oca RatonFL. 33487
5616999077
Store Location Salesperson Customer Store I
BOCA RATON 343 Dave Ake 2765179 507
Order Type Printed 7/25114 1
Pic
Line Y P QTY B/O Item Vendor Description LD Price Amount
Pickup at ordering store
Material Total: 1,526.46
Tax: 91.54
Subtotal: 1,618.45
Totat Quote.: 1,
hi s s is a s cote onl Prices queried are od f60 days fro akteg f cote. ee u ®te is turned into a sale, Ca itol
vr�it �'i P: /? Q i itrn c eorr an nter yUtrr qua H er an zip co y t® c�rrrp contact t y o® gs l�ne son r
H Track Sections
Designed for nearly every application and interior environment our extensive
120V Track collection offers hundres of luminaires that integrate cutting edge
design and aerospace detailing with designer glass and metal finishes.
Versatile yet sturdy, the track systems can be surface mounted or suspended
from the ceiling, liberating luminaires from the constraints of rigid mountings
and enabling the lighting design to adopt to changing styles and spaces.
Power per Circuit: 120V, 1420W max
Operating Current: Rated 20A max
May be field cut and easily installed on a variety of surfaces
Available extension accessories
Use compatible Quick Connect`" pendants and fixtures with each system
End caps and mounting hardware included
Retrofits into many popluar track systems on the market today.
BK BN DB
here to buy?
WT
System Model / length Finish Order Number
H T2- 2 feet BK
T4- 4 feet BN- Brushed Nickel Add to Wish List
T6- 6 feet DB -Dark Bronze
T8 l `^ ^t WT -White
Includestwo m atclin'g end caps
f
O 178 WAC LIGHTING
120VTrack Line Voltage Lum Respons Li i
Fixture Type
4 "
rr
at
Catalog Number:
��.
it 2 1r
t
Location.
P RODUCT DESCRIPTION
Line voltage luminaire offered in black, brushed nickel or white finishes and can be used with various iamp options.
PEA UBES SPECIFICATIONS
A vailable with LED la ping ion._.____. —_ Construction: Farmed metal track head with die -cast locking knob for
Fixed position socket aiming and polycarbonate track adapter. Medium base 250V porcelain
350° horizontal rotation and 90° lockable vertical alming socket with nickel- plated copper screw shell.
Available barn door accessory for glare control Finish: Available in Black {BK), Brushed Nickel (BN) and White (WT).
Accepts 1 lens with the use of a lens clip Lamp: Order lamps separately. Uses LED BR20/30140, LED PAR20 /30138,
5 year WAC product warranty or Halogen SOW max PAR20/BR20, 75W max PAR30/BR30, 150W max
PAR38/11R40.
Dimming: Dim to 5% with Triac dimmer. LED lamp dims to 10% with
electronic low voltage (ELV) dimmer,
Standards: UL & CUL Listed.
ORDER NUMBER FINISHES
System Model Flni RK BN WT
LTK L Track R Black - --
HT
K N Track 17 &rushed Nickel
R J /J2 Track WT 4�Jhite
Example: WK- 179-BN
LED LAMPS Finish BARN DOOR ACCESSORY tp
PA GLED- ION30 PAR20 BK PAR20BO J BK Slack cl `
P 3DLE - L14 B PAR30 T PA 3D D BN 8rushedNicke7
PARBLE 17N3 PAR38 PD While
0LED -7 27 8R20 T _ (
DLED-11 27 8830
WAC Lighting Headquarters /Eastern Distribution Center Western Distribution Center
www.waclighting.com 44 Harbor Park Drive • Port Washington, NY 11050 1750 Archibald Avenue • Ontario, CA 91760
Phone (800) 526.2568 • Fax (800) 526.2585 Phone (516) 515,5000 • Fax (516) 515.5050 Phone (800) 526.2588 • Fax (800) 526.2585
WAC Lightingretoinstherighttomodifythedesignofourproductsatanytimeaspart oft hecompany 'sconrinuousimprovementprogrom. JUL2014
7125M14 Satco 54969 90 Watt 130 Volt PAR38 PAR38 Clear Halogen t3db I Capild Ughting 1-8WigMnq.com
54969 The &tco Halogen Light Bulb
k
Product Specifications & Details
Dark : Not Dark Sky Conpliant
l k
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http: Uwmuw. 1800lighting .co"Satcoritemcfm?itemslai= -54969 111
DAX - model: G454
Cosmopolitan Collection
Fixture Type:
72" ma
Catalog Number.
-------- -- .....................................................
...............
3 /4"
5Y8"
PRODUCT DESCRIPTION CONSTRUCTION
Stimulate the aesthetic sense of your room with simple and understated cased white glass Shade, Art Glass, available in 2 colors
cylinders finished in white and amber acid etched colors. Socket Sets: Die-cast aluminum with plated socket housing
Canopies: Plated steel
FEATURES Adapters for rail and track systems: Polycarbonate
Line voltage or LED pendant
• Can be used with energy efficient LED, compact fluorescent or standard incandescent lamps.
Mounting hardware available in three different styles and multiple finishes.
Socket set includes 72" wire that may be cut in the field.
5 year WAC Lighting product warranty.
UL & CUL Listed.
ORDER NUMBER SHADE COLORS
System Model Type Model 4 Lamping Shade Color Socket Set Finish AM Amber WT-White
------
r
SK Block
PLD-F4 Canopy BN Brushed Nickel Ll
WT White
HM1_F4 Flexraill 454LED LEDmedbase AM Amber DO Dark Bronze SOCKET SET FINISHES
454 l00WmaxAI91G30 WT White PT Platinum
BN Brushed Nickel
BK Black
_HTK-F4 BK-Black
LTK-F4 L Track BN Brushed Nickel
1TK-F4 J Track White
Off-Dark Bronze PT-Platinum WT-White
.� l 1 �._.. _�
Example: PLD-F4-454AMlOK
..................
WAC Lighting Headquarters/Eastern Distribution Center Western Distribution Center
www.waclighting-com 44 Harbor Park Drive • Port Washington, NY 11050 1750 Archibald Avenue • Ontario, CA 91760
Phone (800) 526.2588 • Fax (800) 526-2585 Phone IS 16) 515.5000 - Fax (S 16) 515.5050 Phone (800) 526.2588 • Fax (800) 526,2585
WAC Lighting retains the fight to modify the design of our products at any time as port of the company's continuous improvement program. APR 2014
101.81
Ix�n
:Fi
GREENGUARD
. A LOW CHEMICAL PRaMAR 200
r
LOW CMEMIfJ1L EMISSIONS
uL.CDM /GG
SHERWIN DL2AI. Zero VQC
II UILLIAMS o � S � In terior Latex
OTC
A 1 1d m i wAh: W V r D Fla}
Yes LEEDS 09 CI Yes G 1 �+
SCAM . Y YLIS L D. 0.9 NC Yes
AR8 B30 -2600 Series
EQ$ Y
ARB SCM 2007 Yes NGSS 09 H & 5 Yes , j V 6e d-
,� r ,__
MR - NGSS Yes T� t'1 f' t.f
CHARACTERISTICS SPECIFICATIONS SURFACE PREPARATION
ProMar 200 Zero VOC Interior Latex Block WARNING! Removal of old paint by
Flat is a durable, professional quality, 1 ct. PrepRite Block Filler* sanding, scraping or other means may
washable, interior vinyl acrylic finish for 2 cts. ProMar 200 Zero VOC Interior generate dust or fumes that contain lead.
use on walls and ceilings of primed plas- Latex Exposure to lead dust or fumes may
ter, wallboard, wood, masonry, and cause brain damage or other adverse
primed metal. Drywall health effects, especially in children or
Color: Most colors 1 ct. ProMar 200 Zero VOC Interior pregnant women. Controlling exposure to
Latex Primer lead or other hazardous substances re-
To optimize hide and color development, always use of proper protective equip -
s the use
the recommended P -Shade primer 2 cts. ProMar 200 Zero VOC Interior quires
such use
Coverage: 350 - 400 sq ft/gal Latex ent, a properly fitted respirator
s s
@ 4 mils wet; 1.6 mils dry { approved) } and proper contain -
Drying Time, @ 77 °F, MrA RH: Masonry ment and cleanup. For more information,
Touch: 1 hour 1 ct. Loxon Concrete & Masonry call the National Lead Information Center
Recoat: 4 hours at 1- 800 - 424 -LEAD (in US) or contact
Drying and recoat times are temperature, humidity, Primer` your local health authority,
and film thickness dependent 2 cts. ProMar 200 Zero VOC Interior
Finish: 1 -3 units @ 85° Latex Remove all surface contamination by
Flash Point; NIA washing with an appropriate cleaner,
Tinting with CCE only: Plaster rinse thoroughly and allow to dry. Existing
Base ozlgal Strength 1 ct. Premium Wall & Wood Primer* peeled or checked paint should be
High Ref White 0 -5 100% 2 cts. ProMar 200 Zero VOC Interior scraped and sanded to a sound surface.
Extra White 0 -6 125% Latex Glossy surfaces should be sanded dull.
Deep Base 4 -12 100% Stains from water, smoke, ink, pencil,
Ultradeep 4 -12 100% Wood grease, etc. should be sealed with the
Real Red 4 -12 100% 1 ct. Premium Wall & Wood Primer* appropriate primertsealer.
Bright Yellow 4 -12 100% 2 cts. ProMar 200 Zero VOC Interior
Dover White do not tint Latex Drywall
Vehicle Type: Vinyl Acrylic Fill cracks and hales with patching pastel
Extra White B30WO2651 These primers contain relatively low spackle and sand smooth. Joint com-
VOC (less exempt solvents): amounts of VOCs, but could result in Pounds must be cured and sanded
X50 g1L; 0.42 lb/gal minor, noticeable odors. smooth. Remove all sanding dust.
As per 40 CFR 59.406 and SOR/2009 -264, s.12
Volume Solids: 41 t 2% Other primers may be appropriate. Masonry, Concrete, Cement, Block
Weight Solids: 57 ± 2% All new surfaces must be cured according
Weight per Gallon: 111 lb When repainting involves a drastic color to the supplier's recommendations —
WVP Perms (US) 10.1 change, a coat of primer will improve the usually about 30 days. Remove all form
grains/ft ft in Hg) hiding performance of the topcoat color, release and curing agents. Rough sur-
faces can be filled to provide a smooth
Anti - microbial surface. If painting cannot wait 30 days,
This product contains agents which inhibit allow the surface to cure 7 days and
the growth of microbes on the surface of prime the surface with Loxon Concrete &
this paint film. Masonry Primer.
3i2014 www.sherwin- williams.00m continued on back
101-81
PROMAR 200
SHERWIN Zero VOC
WILLIAMS. Interior Latex
Flat
B30-2600 Series
SURFACE PREPARATION APPLICATION CAUTIONS
Plaster Apply at temperatures above 50 °F. For interior use only
Bare plaster must be cured and hard. No reduction needed. Protect from freezing.
Textured, soft, porous, or powdery plaster Brush Non-photochemically reactive.
should be treated with a solution of I pint Use a nylon /polyester brush.
household vinegar to 1 gallon of water. Roller LABEL CAUTIONS
Repeat until the surface is hard, rinse Use a 3/8" - 3/4" nap synthetic cover. Use only with adequate ventilation. To
with clear water and allow to dry. Spray—Airless avoid overexposure, open windows and
Pressure ..... ........................... 2000 psi doors or use other means to ensure fresh
Wood Tip. ....... ..........................017' - .021" ... air entry during application and drying. If
Sand any exposed wood to a fresh sur- you experience eye watering, headaches,
face. Patch all holes and imperfections or dizziness, increase fresh air, or wear
with a wood filler or putty and sand CLEANUP INFORMATION respiratory protection (NIOSH approved)
Smooth. or leave the area. Avoid contact with eyes
Clean spills, spatters, hands and tools and skin. Wash hands after using. Keep
Mildew immediately after use with soap and container closed when not in use. Do not
Remove before painting by washing with warm water. After cleaning, flush spray transfer contents to other containers for
a solution of 1 part liquid bleach and 3 equipment with mineral spirits to prevent storage. FIRST AID. In case of eye con-
parts water. Apply the solution and scrub rusting of the equipment. Follow manu tact, flush thoroughly with large amounts
the mildewed area. Allow the solution to facturer's safety recommendations when of water. Get medical attention if irritation
remain on the surface for 10 minutes. using mineral spirits, persists. If swallowed, call Poison Con-
Rinse thoroughly with water and allow the trol Center, hospital emergency room, or
surface to dry before painting. Wear pro- physician immediately. WARNING. This
tective eyewear, waterproof gloves, and product contains chemicals known to the
protective clothing. Quickly wash off any State of California to cause cancer and
of the mixture that comes in contact with birth defects or other reproductive harm.
your skin. Do not add detergents or am- DO NOT TAKE INTERNALLY, KEEP
monia to the bleach/water solution. OUT OF THE REACH OF CHILDREN,
Caulking HOTW 03/2512014 B30WO2651 2300
Gaps between Walls, ceilings, crown
moldings, and other interior trim cars be
filled with the appropriate caulk after
priming the surface.
The information and recommendations set forth in
this Product Data Sheet are based upon tests con-
ducted by or on behalf of The Sherwin-Williams Corn-
pany. Such information and recommendations set
forth herein are subject to change and pertain to the
product offered at the time of publication. Consult
your Sherwin-Williams representative to obtain the
MoFt Tecerrl PrMuc� Vlta stleet.
v ,
e1
COVER
A "
iARTN
GREENGUARD
PRODUCT
•
LOW CERTIFIED
EMISSIONS SHERWIN lJLasla Zero VOC
UL xais
GOLD
Interior Latex
I As of 0wolt 01 co"Ijius will]:
Flat
OTC Y LEEDS'090 Yes
A MO Yes LEED "r09 Y Yes
CARB Y LE B30 -4600 Series
E .,r
CARB SCM 2007 Yes LEED H ond S Y
MR # NGBS Yes
CHARACTERISTICS SPECIFICATIONS SURFACE PREPARATION
ProMar 400 Zero VOC Interior Latex is Block WARNING! Removal of old paint by
a durable, professional quality, interior 1 ct. Loxon Block Surfacer' sanding, scraping or other means may
vinyl acrylic finish for use on walls, ceil- 2 cis. ProMar 400 Zero VOC Interior generate dust or fumes that contain lead,
ings, and trim of primed plaster, wall- Latex Exposure to lead dust or fumes may
board, wood, masonry, and primed metal. cause brain damage or other adverse
Dr all health effects, especially in children or
Color: Most colors 1 ct. ProMar 400 Zero VOC Primer pregnant women. Controlling exposure to
To optimize hide and color development. always use lead or other hazardous substances re-
the recommended P -Shade primer 2 cis. ProMar 400 Zero VOC Interior
Coverage: 350 - 400 sq ft/gal Latex quires the use of proper protective equip-
mils dry ment, such as a properly fitted respirator
@ 4 mils wet; 00
Drying Time, @ 77 °F, 50% RH: Plaster (NIOSH approved) and proper contain
Touch: 1 hour 1 ct. Premium Wall & Wood Primer ment and cleanup. For more information,
Recoat: 4 hours 2 cis. ProMar 400 Zero VOC Interior call the National Lead Information Center
Drying and retool limes are temperature, humidity, Latex at 1 -800- 424 -LEAD (in US) or contact
and film ihicknessdependent your local health authority.
Finish: 0 -5 units @ B5°
Flash Point: NIA Masonry Remove all surface contamination by
Tinting with CCE only; 1 ct. Loxon Concrete & Masonry washing with an appropriate cleaner,
Base oz/gal Strength Primer' rinse thoroughly and allow to dry, Existing
Extra White 0 -5 i00% 2 cts. ProMar 400 Zero VOC Interior peeled or checked paint should be
Deep Base 4 -12 100% Latex scraped and sanded to a sound surface.
Vehicle Type: Vinyl Acrylic Glossy surfaces should be sanded dull,
B30WO4651 Wood Stains from water, smoke, ink, pencil,
VOC (less exempt solvents): 1 ct. Premium Wall & Wood Primer` grease, etc, should be sealed with the
<50 g /L; 0.42 Iblgal 2 cts. ProMar 400 Zero VOC Interior appropriate primer /sealer.
As per 40 CF R 59.406 and SOR12009 -264, s.12 Latex
Volume Solids: 29 ± 2% Drywall
Weight Solids: 48 f 2% • These primers contain relatively low Fill cracks and holes with patching pastel
Weight per Gallon: 11.3 lb amounts of VOCs. but could result in spackle and sand smooth. Joint com-
WVP Perms (US) 25.5 minor, noticeable odors, pounds must be cured and sanded
grains /(hr 11 in Hg) smooth. Remove all sanding dust.
Other primers may be appropriate.
Masonry, Concrete, Cement, Block
When repainting involves a drastic color All new surfaces must be cured according
change, a coat of primer will improve the to the supplier's recommendations —
hiding performance of the topcoat color. usually about 30 days, Remove all form
release and curing agents. Rough sur-
faces can be filled to provide a smooth
surface. If painting cannot wait 30 days,
allow the surface to cure 7 days and
prime the surface with Loxon Concrete &
Masonry Primer.
7%2013 www.sherwin- Miliams.com continued on back
101-90
rovalf
ME
PROMAR 400
SHERWIN Zero VOC
WILLIAMS. Interior Latex
Flat
B30-4600 Series
SURFACE PREPARATION APPLICATION CAurlQNS
Plaster Apply at temperatures above 50 °F. For interior use only.
Bare plaster must be cured and hard. No reduction needed. Protect from freezing.
Textured, soft, porous, or powdery plaster Brush Non-photochemically reactive.
should be treated with a solution of 1 pint Use a nylon/polyester brush. CAUTION contains CRYSTALLINE SILICA. Use onl
household vinegar to 1 gallon of water. Roller y
with adequate ventilation. To avoid overexposure,
Repeat until the surface is hard, rinse Use a 3/8" - 314" nap synthetic cover. open windows and doors or use other means to
with clear water and allow to dry. Spray—Airless ensure fresh air entry during application and drying. if
you expeirlence eye watering, headaches, w dizzi-
Wood Pressure ......... ............... __. 2000 psi ness, increase fresh air, or wear respiratory protec-
T1p.____ ... .................... .017"-.021 tion (NIOSH approved) or leave the area, Adequate
Sand any exposed wood to a fresh sur- ventilation required when sanding or abrading the
Face. Patch all holes and irnpedeCtiDns dried film. If adequate ventilation cannot be provided
with a wood filler or putty and sand CLEANUP INFORMATION wear an approved particulate respirator (NIOSH
approved}, Follow respirator manufacturer's direc-
smooth. tions for respirator use. Avoid contact with eyes and
Clean spills, spatters, hands and tools skirr. Wash hands after using. Keep container closed
Mildew immediately after use with soap and when not in use. Do not transfer contents to other
Remove before painting by washing with warm water, After cleaning, flush Spray containers for storage. FIRST AID: In case of eye
contact, flush thoroughly with large amounts of water.
a solution of I part liquid bleach and 3 equipment with mineral spirits to prevent Get medical attention if irritation persists. if swal-
parts water. Apply the solution and sc ru b rusting of the equipment. Follow manu- towed, call Poison Control Center, hospital emer-
the mildewed area. Allow the solution to facturer's safety recommendations when gency room, or physician immediately. DELAYED
EFFECTS FROM LONG TERM OVEREXPOSURE.
remain on the surface for 10 minutes. using mineral spirits. Abrading or sanding of the dry film may release crys-
Rinse thoroughly with water and allow the zalline silica which has been shown to cause lung
surface to dry before painting. Wear pro- damage and cancer under long term exposure.
tective eyewear, waterproof gloves, and WARNING: This product contains chemicals known
to the State Of California to cause cancer and birth
protective clothing. Quickly wash off any defects or other reproductive harm. DO NOT TAKE
of the mixture that comes in contact with INTERNALLY. KEEP OUT OF THE REACH OF
your skin. Do not add detergents or am- CHILOREN,
monia to the bleach/water solution. HOTW 03/2542013 630wod651 1000
Caulking
Gaps between walls, ceilings, crown
moldings, and other interior trim can be
filled with the appropriate caulk after
priming the surface.
The information and recommendations set forth in
this Product Data Sheet are based upon tests con-
ducted by or on behalf of The Sherwin - Williams Corti -
parry. Such information and recommendations set
forth herein are subject to change and pertain to the
product offered at the time of publication. Consull
your Sherwin-Williams representative to obtain the
most recent Product Data Shee,
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FASTBO FASTOD FIXA LAMPLIG
wall panel wall panel diffusion harrier chopping board
$14.99 $14.99 $6.99 $9.99
Need FW p Me lKEA store Tfis is WEA WaddrAgattive WEA Gnmp
CoMaki us. Rod ta IKEA Ston The MEA C acepk m ar h ca re-e rs
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Chkren ; Produd, I Kf- A CwfF Card Pe, Vigil. & Pla ncl
Press R,)rm
AN lkl' A E'��rvces Read ow Ma�eriatL,
&*ng Gk-ide," IKL-Arbuxidakm
Defive Temy, & Comdbcm,
Judy Mollica
Cell 561.309.1656 4400 N Ocean Blvd #4
FAInne 561.265,53185 Gulf `n'lrea n. Florida 33483
SUMMARY
Real estate sales career highlighted by outstanding personal production with branded developments
Accomplished in cross-functional disciplines including relationship sales mastery, marketing, strategic planning and
administrative organization
Formulated successful start-ups with sales comparative analysis, unique selling proposition, and planned sales presentation
Extensive experience and sales skills combining enthusiasm with product knowledge and a planned presentation
Consistent sales and volume leader of high-end properties earning the confidence and trust to steward affluent,
sophisticated clients through complex transactions
SALES HISTORY
The Corcoran Group 2010-2014
Real Estate Sales focusing on high end properties as well as First time home buyers
Luxury Real Estate Group, International 2006-2009
,o- Joined start up real estate fi rm focusing on high end properties
Listings leader
)o Onsite broker for new developments in Jupiter: Tierra del Sol and Waterpointe; devised marketing and broker programs,
Planned and implemented broker and public launch; hired and trained staff
The Ritz-Carlton Golf Club & Spa, Jupiter (L.L.P. of Marriott International & Jack Nicklaus) 2002-2005
Sales Executive- Licensed salesperson — Jupiter, Florida
Promoted to sales executive for private golf club offering multi-mil lion dollar Estate Homes, Luxury
Fractionals, golf & spa memberships
Achieved consistent sales production leadership in The Ritz-Carlton sales organization,
Received "Outstanding Sales Executive Award" — 2003 & 2004, Sales Volume
The Ritz-Carlton Golf Club & Spa, Jupiter (L.L.P. of Marriott International & Jack Nicklaus)
Marketing Coordinator —Jupiter, Florida 2001-2002
Developed position for maximizing performance of Sales Executives in managing prospect contacts
Drafted client sales correspondence adopted throughout The Ritz-Carlton Clubs
Devised and implemented systematic sales follow-up procedures and protocols
ERA Daniel & Wohlwender-Longwood, Florida 1990-2001
Sales Associate
Perennial top producer in a 30 agent office focusing on luxury, single family home sales in Orlando, Florida.
Developed and managed all personal sales & marketing programs
Consistently met or exceeded company performance objectives
Calico Jacks, Orlando, Florida 1986-1990
Director of Marketing and Promotions
Devised and implemented all marketing and public relations programs for high volume restaurants and
nightclubs established in several major markets in Florida
EDUCATION
Seminole Community College — Sanford, Florida
A.A. degree, General Studies
University of Central Florida — Oviedo, Florida
Matriculated toward B.A_ Psychology
Barbara Aloyse Heiss
OBJECTIVE Real Estate Services
EXPERTISE Property & Project Management
Interior Design & Construction Consultant
Real Estate
EXPERIENCE Professional Designer / Real E state Development / Realtor
B&T Land Company Devehyper Frontenar, MO 2003-2005
Attached Housing Project, Co-Owner Conceptual Development with Architects and
Engineers, Contract Administration with Lawyers, acted as both Bnver and Seller
Zoning and Ordinance with Lawyers and Alderman, accomplished zoning change
Edward L. Bakewell, Inc. Realtor CIETton, MO 2004-2007
Keller Williams Realtor Austin, TX 2007-2009
Collins Est Realty Realtor Boca Raton, FL 2011-2014
Ocean East Properties Realtor Boynton Beach, FL 2014 to date
Aloyse Design, LLC Seniot-Dewgner St. Louis, MO 2000-2007
Commercial and private residence design and consulting for all phases and aspects of'
projects: Real Estate, architecture, contract negotiations, facilitating vendors, all as-
pects of F`F&E and OS&E, Construction Consulting, Job site coordination & supervi-
sion, Major achievements: use Stadium for the Louis Redevelopment Corporation
Commercial, HospitaliV & Exclusive Residences for High Profile Clients
EDUCATION Bennett College, AAS Pace University New York, NY
NationalCouncil for Interior Design Qualifications INCIDQ#015713
INTERESTS Golfing &Fishing
personal & professional recommendations upon request
S
561.699.9077
Jobs to be created and filled by can East Properties
There is an immediate need for 2 full time employees with one more full
time employee to be added after I month from opening business and one full
time employee to be added after 6 months from opening business.
Jobs to be created: Licensed Real Estate Broker-
Licensed Real Estate Associate
After one month I more Licensed Real Estate Associate
After maximum of 6 months: Secretary/Receptionist
Licensed Real Estate Broker-
Job Description oversee all aspects of business including, contract
supervision, bookkeeping, escrow accounts maintenance, schedule
showings, schedule listing appointments, created and oversee marketing
plan. Trouble shoot any problems that may arise with agents, customers and
clients.
fay Range-This is a commission based position that will pay approximately
$45,000 annually for the first year.
Weekly Schedule-Monday through Friday 10:00 am-6:00 pm. Occasional
weekend and evenings may be required for client appointments.
Licensed Real Estate Associate-
Job Description Show prospective buyers real estate opportunities,
Schedule appointments for listing presentations to offer sellers services to
sell their home. Follow up on leads provided. Remain Real Estate experts in
the areas of. y each and surrounding cities. Farm neighborhoods to
identi:fy prospective clients.
Pay Range- This is a commissioned based position that will pay $40,000
annually.
Week!X,�chedule-Monday through Friday 10 am — 6 pm. Occasional
weekend and evenings may be required for client appointments.
Secretary/Receptionist-
Job D t i reet guests and answer incoming calls. Track contract
deadlines and maintain client files. Support licensed Real Estate Brokers
and Associates.
a Ran e Hourly rate of $14.00 per cur® Forty Hour Work week from
9:30 am 530 pm.
� - AY
N
Q a w B E A C7
CRA BOARD MEETING OF: August 12, 2014
it Agenda I w Old Business I I New Business I I Legal Other
SUBJECT: Approval of Commercial Rent Reimbursement Grant to Oceano Properties, Inc. d/b /a
Ocean East Properties.
SUMMARY The Commercial Rent Reimbursement Grant Application and Guidelines provide
eligible new or existing businesses with rent payment assistance for a maximum period of twelve
months within the first eighteen months of a multi -year lease. Oceano Properties, Inc. d/b /a Ocean East
Properties entered into a Lease on August 1, 2014 as a real estate office located at 640 East Ocean
Avenue, Ste. #10, Boynton Beach, FL 33435. Oceano Properties, Inc. d/b /a Ocean East Properties falls
under the terms of a Tier 2 business (as outlined in the grant application). If approved, the applicant is
entitled to a maximum of $500.00 per month for a 12 month period. The maximum total reimbursement
per business is $6,000.00. The applicant meets the eligibility requirements under program guidelines.
The Rent Reimbursement Grant is reimbursable on a quarterly basis. If the applicant does not meet all
of the requirements for reimbursement (during any given quarter) they do not receive reimbursement for
that quarter.
FISCAL IMPACT: Project Fund Line Item 02- 58400- 4401444
CRA PLAN, PROGRAM OR PROJECT: 2008 CRA Economic Development Plan
RECOMMENDATIONS: Approve the Rent Reimbursement Grant for Oceano Properties, Inc. d/b /a
Ocean East Properties not to exceed $6,000.00.
Michael Simon
Assistant Director
July 30, 2014
Boynton Beach Community Redevelopment Agency
710 N Federal Highway
Boynton Beach, FL 33435
Dear CRA Members,
Enclosed please find my application for the Commercial Rent Reimbursement Program
for your review and your approval.
I am thrilled at the opportunity to open a new business in Boynton Beach and with this
program feel that I have partnership with the city and not just a location.
I remain confident that the enterprise will succeed financially providing profits to the
company, and tax revenues and job growth for Boynton Beach.
It is the first year assistance program grants that confirmed my commitment to open my
own business. This is a dream come true and I thank the CRA board members for this
opportunity.
Thank you for your continued courtesy and support.
Very truly yours,
Y dyy Mollica
-1 6
Barbara Heiss
BOYNTO
6"BE C CRA
October 1, 2013 — September 30, 2014 Soylv"
Boynton Beach Community Redevelopment Agency C/1 C/?4
Commercial Rent Reimbursement Program Rules and Requirements
SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING
It is ft responsIbility of the applicant
Program's
All proposed eoderior Improvements using
The CRA Board may make recommendations for exterior improvements based! upon the CRA
Design Guidelines.
The Commercial Rent Reimbursement Program I
establishment i in t
Redevelopment Boynton Beach Community " 1
designed to provide financial i i i ng businesses in the form of rent
reimbursement I I first year of operation in r
to 1 1 y promote new businesses vAthin thereby
conditions i to l blight.
. ELOQLram
The Commercial Rent Reimbursement Program affers financial assistance in
quarterly rent reimbursement. time ll I ili
from issuance of the City of Boynton
Commercial The t Reimbursement Program funding annually
CRA Board t rst-come, first-serve basis. All applications
approval. CRA Board Making application to r is i.
Il. ii i "t Reguirements
Applicants t all of the folloviring requirements in r to be considered iii I
receive gr i s
1. full time I r fti r it
time I I ovee is'd0ned as working a minimum
weeK at the ill ng Federal minMUM
Page r°
1 Of 11
N . Fadval lEemy
Boynton BeRd, FL 3
Pbone 1-737-325 561-737-3259
2. Must be located within the CRA District .
provide 3. Must t the business i levels of
government and professional associations
licenses or i Il i r (Copies i
business is in less than six months or
relocating
5. An existing business Is defined as being in operation for a minimum
the fi ti .
existing
Verification current square footage size. this r in the
application .
7. The Applicant's report must reflect an acceptable level of financial
stability, i n the sole discretion eligibility i
A copy of the consumer report will
8. Applicant multi-year r minimum). ®
Subletting of the property by grant recipient .d
is i bited. Violation will t
of CRA grant funding.
it Is not lis 21012—nt,RXner, car or director of said
The follomAng i l t
businesses i ineligible for assistance under the Commercial t
Reimbursement
* Firearm Sales
* Convenience Stores
Religious iii ! Stores
* Churches
Non Profits
Tattoo Shops/Body Piercing /Body Art Shops
Financial Services (banking i stores)
Take-Out Foods
Entertainment Adult
Liquor Stores
of 1
710 N. FadaW lEghway
Boynton Beack FL 33435
Phone 561-737-3256 Fax 561-737-3258
IV. rant erms and G
This is into l tier i t types of businesses that are
eligible t of funding available ! minimum I time
employees is it ed regardless of which tier a business falls into.
Tier One Businesses
Tier One Businesses are I° i for up to half of the business's
whichever is less. ( ! tt Is .
Tier One Businesses must be one of the following businesses:
Restaurant
Gourmet Food Market
Bakery
Clothing Boutique clothing,
Home i - home furnishings, galleries,
Businesses Specialty - stationery, gifts. I I care - PlIates/yoga
studios, I
Tier Two Businesses
Tier Two Businesses i i or per
rnonth, whichever is I t of the grant ' .) Tier Two Businesses
other may consist of any lilt e business not listed in it One above.
Lease Terms
Applicant t be a tenant and have a proposed or executed multi-year !
minimum). The commercial i landlord-tenant rlti i t
minimum v i r .
description of the space i rented including t footage
drawing .
Description til' i are the t' s responsibility.
Rental rate and deposits along terms of lease and methodology for
future nt increases.
Responsible for i t ri r and exterior repairs and/or i t.
requirements. insurance
Ability r I .
Consequences of default on the lease.
Paw 3 of rl
710
Boyntm Sawh, FL 33435
Phmc 561-737-3256 561-737-3258
Rent reimbursements I not be paid until all construction has ended, City and County
licenses are obtained in t' .
The CRA will issue reimbursement on a quarterly basis directly applicant for the
monthly # payment made to the Landlord i t that
has been the payment
cleared the .
The responsibility r all rental payments is i the lease, as
such the tenant and the landlord. grantor, r accepts
responsibUity for payment of rent at any time, nor penalties incurred arrival of
Commercial payments by any party.
The i l time
spe,cific business entity or business owner.
The CRA reserves the right to r deny any Commerciail Rent Reimbursement
Program
application to i in isole and absolute
discretion I All not advance the goals objeolves
established 1 the CRA District. The receipt of past payments
Is not a guarantee of future payments.
V. Prom gyrej for Aonlicat and
Appillcaflon
ll li t l order t i eligibility
before submitting application. ! requests will considered it all required documentation is submitted to the CRA office.
Application include I
.4. A nonrefundable fee of $100.00 is it to l report
business i of the business.
Completed Boynton Beach CRA
i gned application.
signed y-3. Completed and tr` for the r
and each i t i (forms attached to _
multiple forms may be needed for principal/owners of the business).
W9 Form (affachad to r ant application).
V5. Copy of City and County business licenses,
• Resume for r of the business.
k ,7. Copy of the corporate r the applying 'r
VIS. Copy of executed or proposed multi-year commercial lease agreement.
corporate returns (for exisfing i I.
1,40. I tax returns for the i t of a new
business.
Page 4 of I I
710N. Federal ifighway
Phmw 561- 737 -3254 fti $61-737-3258
List of jobs to be created and filled including i , pay range and
schedule, weeldy i positions
descriptions, including job pay range and weekly
12. If an existing business, i is i within
CRA District, '
cunrent square footage size. Verification t be provided.
acceptable. Floor plans outlining square footage of each location are Approval at Funding Request
Once
eligibility Is vefffied and all reqi .I
present the B Board
Applicant second Tuesday of each month. °I it
application will be presented to the CRA Board. It is that the applicant
the CRA Board Meeting in
regarding it will i l or denial i i i .
i t r I t
award is terminated.
V11. PEMeAunm for Reimbursement
Quarterly Rent Reimbursement Payments
Rent reimbursement payments vAll to i# on a quarterly basis
beginning r is to
approval. A maximum of twelve rent payments will be reimbursed
to the approved applicant.
By accepting the grant, the applicant to i reporting
requirement r vi i reporting for four
consecutive quarters.
Each report shall be made within t en (10) days of &m start of the next applicabl
beginning d April l: July 1. and October 3 following the Initial Reimbursement
In order to receive quarterly rent reimbursement the grant appli it the
fbilovving
1. Written request for reimbursement
2. Proof of rent payment (1,e., copies of the front & back of cancelled for
quarter's that i or proof of direct deposit).
3. For W-2 eligible employees, i '
Report (RT-6) for each consecutive quarter must be submitted.
Pap 3 of 11
710 N. FedmW Hi&my
Boptcn Be&* FL 33435
561-737-3256 Fox 561-737-3259
or
For sole prooetorships, partnerships, i -MISC
eligible employees, copies
deposits i ll time equivalent r each month
within t specific quarter.
CT
tl
i to
uss
a lica
she visits
CRA staff l conduct a sle visit in r to verify that
the business is in l so conduct unannounced site visitsperiodically In
order to i' ance with the terms of the r t
Discontinuatton of Payment
The receipt t payments is t t future t
to i i reimbursement t any time i to its ! absolute
dimetion.
SUBMISSION
t is the responsibility applicant
Rules/Requirements
t $ In
Page 6 of 11
71 N. FedmW Highway
33435
Phom 561-737-3256 561-737-3258
'ZI
BOYNT10" N
A I EACH.
AMM CRA
October 1, 2013 - September 30, 2014
Boynton Beach Community Redevelopment Agency
Commercial Rent Reimbursement Program Application
(Please Type or Print Only - Use Additional Shoots ff Necessary)
8 - INFPIRMATION:
Business Name (D/B/A if appl4ble)
! i
4�
Current Business Address- V
V
Fed
Fax. j-
Webslte
Existing Business. Yes No Number of years in existence'
New Business to Boynton Beach Yes V - No
Time at Current Locatbn, sw
Do you have an executed lease agreement- Yes No
If so, monthly rent: 3
New Business Address (m = t be within CRA Dlstrict): f &zRJ-17
Square footage of existing location
Sq uare footage of new location -Z
Type of
ref Employees: Hours of Operation:
36 - 520 k
jp
Page 7 of 11
714 N. Fedmi Hishway
RMtca Beach, FL 33435
Phone 561-737-3256 Fax 561-737-3258
I ?
PRINCIPAUM—NER INFORM6IDIft
1. Prindpal/Owner Name:_ - OP M611" ro
Date of Birth i
Current Addr
Email. i ft ELM'r L-MA-
2. lorind Pal/Owner Name 1�or ' burn
Date of Birttv
Current Address
Ernall"' 1 '1 11K 011 Phone *7 C
3- PrincipaVOwner Name:
Date of Birth
Cun'ent Address:
. ....... . . . .................................... ...... . ................. .
N. - - - - -------------- -
...............
4. PjincipallOwner
Date of Birth:
Current Address"
Email: -.--,. Phone M.
LANPIOEQ INEK)SM&TION.
n
Landlord Name: I Kidu 1 OAA Ae�u UUJU
Landlord's Mallirkwg Add ss
Landlord Phone
C
Are you applying for grant assistance under any other program offered by the CRA (Tier One
Businesses ordy):
Yes No If yes, what additional programs are you applying for:
Are you receiving grant assistance from any other governmental agencies: Yes Nq
It yes, list any additional grant sources end amounts:
CERTIFICATION
I D WAIVER 0
1. the undersigned. applicant(s) certffy that all information presented in this application, and all of the
information furnished in support of the application, is given for the purpose of obtaining a grant under
Page 8 of 1 1
710 M FedeW Ilighmy
Boynton B=14 FL 33435
Phone 561-737-3256 Fox 561-737-3259
Community the Boynton UeaW I I Rent Reimbumement ,
and it is true and complete to t of the appl icangs) I' I° t( )
further certifies that helshe Is r that penalized n and/or
imprisonment for making false information.
1 understand ftt this application n# mistance. Shou l'r ti
approved understand tha the CRA may a t ' l e disczation discontinue t reimbursement
payments at any time ff In its sole and absofute i t[ n it feels such assistance no longer meets
the r[t or is r benefiting the f the CRA mission.
I hereby waive under the privacy confidentiality i t to
Agency, the Boynton Beach Community Redevelopment Its agents exam
confiden i [ I n herein, I further grant permission, any I or
other pub or private agency to disclose information deemed necessary to compl this ! .
I glVe permission to r its agents to take photos of myself and business to be used to
promote the program.
1 understand that N th li tin and the information furn ished in r
found to be incomplete, A will not be processed.
SUBMISS !
It is responsibi of the applicant to READ AND UNDERSTAND al! mWects of the Gr ant
Program f ! r` .
I I t
_rInt
I SZ)�4 1 - ------ - -------
rirt
N a me it
P ri nc ipal/Owner' s Si t r _._._ .._.......... t .�. ................ °.. �...
ring....._ .......... ____ ... .._�.......
_..
Pr incipal/Owner' s m i nature ._.. Date
Printed Name Title
Paw 9 if
7
Boynton Bawk FL s
Phme 561 -737- 3256 Fax 561-737-32
Notary as to Pr
Mul tiple signing i l ,
administer STATE OF
COUNTY OF
BEFORE ME, an officer duly authorized by low to
personal t-
who Ware personally known tD °r
°" r produced as
Identification, A greemen t for the use and
purposes mentioned In It and that the instrument is his/her act and deed.
IN C @ i have set my hand and offl ' in the State and
County aforesaid on this �_.. day of ►
NOTARY PUBLIC
My Comm ission it
�`►�;•:�;� CARL � CA�IO
* * W COMMISSION M 174934
EXPIRES: RbMmy 26,
Pop 10 of lI
7 1 N. Fedual Highway
33
Phone 2- 737 -3 256 Fox 561-
SUBMISSION OF AN APPUCATION IS NOT A GUARANTEE OF FUNDING
it is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant
Program's RuleaRequirements and Applicati1on.
�
nature Date
La lord's S ig
A-V
Printed Name Title
Landlord's Signature Date
Printed Name Title
STATE OF
COUNTY OF
eacA,
BEFORE
® an officer duly authorized by law to administer oaths and take
acknowledgements, personally appeared d e V
who islare personally known to me or produced as
fdentiff cation, and acknowledged he/she execut�d — theforegoing Agree for the use and
purposes mentioned In it and that the instrument is hWher act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal M the State and
County aforesaid on this day of
"k JACQUELINE A LACKEY NOTARY PUBLIC
y Css Es:
Nola,y Pblj, - State 01 Florida m ommi ion xpire
y Comm. Expiret Dee 16, 2016
�. * " °6 01¢ a Cm
omi EE 658615 ssion #
Page 11 of 11
710 N. Fedeivil Highway
Boyntm Bev* FL 33435
Phone 561-737-3256 Fax 561-737-3258
Application has been rnade to the city of Boynton Beach for occupational
License for Ocean East Properties, for Judy Mollice Broker and for Barbara
Heiss Realtor.
Receipt is attached.
Upon approval from city, and after satisfactory inspection of business
premises, city and county license can be obtained.
QrY OF BOYNTON BEACH
100 E. BOYNTON BEACH 8L
BOYNTON BEACH FL 33435
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OCEAN PLAZA LEASE
INDEX
ARTICLE PAGE
Basic Lease Provisions 2
Rent 3
Construction of Leased Premises 7
IV Conduct of Business by Tenant 7
V Security Deposit 8
VI Signs, Merchandise Display, Alterations and Liens 9
VII Repairs, Maintenance and Access by Landlord 10
Vill Indemnity and Exculpation: Insurance 12
Ix Quiet enjoyment 13
X Assignment and Subletting 13
XI Utilities 14
X11 Default 15
X11 Waiver and Estoppel 17
XIV Affornment and Subrogation 17
XV Condemnation 18
XVI Miscellaneous 18
XV11 Environmental 20
OCEAN PLAZA LEASE AGREEMENT
THIS LEASE, dated this 16 day of July 2014 by and between High Ridge Properties, LL C (the
"Landlord"), whose address is 640 East Ocean Avenue, Suite 1 Beach, FL 33435, and
Judy Mollica, individually, whose address is 4400 N. Ocean Blvd. #4, Gulfstream, FIL 33483 and
Barbara Hiss, individually, whose address is 455 NE 5th Avenue "Ei" 176, Delray Beach, FL
33483 and Oceano Realty Inc. (the 'Tenants).
ARTICLE I — BASIC LEASE PROVISIONS
WITNESSETH:
Section 1.01 Leased Premises
(A) In consideration of the rents, covenants, conditions and agreements hereafter reserved
and contained on the part of the Tenant to bease e and performed, the Landlord demises
and lets to the tenant, and Tenant rents from the Landlord, those certain premises now existing or
hereafter to be erected in Ocean Plaza, 640 East Ocean Avenue, Boynton Beach, FL 33435 and
mores eci c lly described as Unit 10.
(B) The premises extend to the exterior faces of all exterior walls and to the center
line (C/L) of walls separating the premises in the same building (complex) not demised under this
lease.
(C) Together with the appurtenances specifically granted in this lease, including the non-
exclusive use in common with others of the Common Areas as herein more fully provided, but
reserving and excepting to the Landlord (i) the use of (a) the exterior faces of the exterior walls,
(b) the roof, (c) the lower surface of the floor slab of any higher floor, and (ii) the right to install,
maintain, use, repair and replace pipes, ducts, conduits and wires leading through the premises
in locations which will not materially interfere with Tenant's use thereof, and serving other parts of
the building (complex) containing the dernised premises.
Section 1.02 Length of Term
The to of this lease shall be for 2 (two) years ana zero montns- Tenant shall have the option to
renew for an additional 2 (two) year term at a monthly rental amount described in Article 11,
Section 2,01 below, with the same terms and conditions of this lease. In order to exercise the
option to renew, tenant must give the landlord written notice of its intent to exercise the option no
later than 60 days prior to the expiration of the initial lease term to Landlord via Certified Mail,
Return Receipt Requested. Landlord may refuse to renew if any rent or other expenses payable
by the Tenant is in arrears, or if Tenant is in violation of any covenant contained in this lease.
Section 1.03 Commence of Term
The term of this lease shall commence on August 1, 2014 and end on July 31, 2016. Unless
sooner terminated.
ARTICLE Il mm RENT
Section 2.01 -Fixed Minimum Annual Rent
Tenant agrees to pay to Landlord throughout the full term of this lease, without demand, set-off or
deduction, as hereinafter set forth an annual guaranteed minimum (base rent) of $11,199.96
payable in equal monthly installments (the "Basic Monthly Rent') of $933.33 plus sales taxes
payable in advance on the first (1 s `) day of each calendar month of the first year, beginning
August 1, 2014 and ending July 31, 2015 the annual (base rent) amount shall increase to
311,535.96 parable in equal monthly installments of $961.33, plus sales tax payable in advance
on the first (1 day of each calendar month of the term, beginning August 1, 2015 and ending
July 31, 2016. Rent shall be increased annually by 3 (three) %. Said increases shall apply to
each year and of each year of the renewal term. All rent payments shall be paid to the Landlord at
640 East Ocean Avenue, Suite 18, Boynton Beach, FL 33435 (payable to High Ridge
Properties, LLC), or at such other place Landlord may from time to time designate in writing.
Tenant agrees to pay to Landlord each installment of base rental in advance on the first day of
each month of the terra with the rent for the first month last month and the security deposit to
be paid upon the execution of this lease.
Any change in the amount of the Monthly Rent shall carry with it a corresponding recomputation
of sales tax.
In the event Tenant fails to pay when due the Monthly Rent or any other amount payable by
Tenant hereunder, within 7 days of its due date, Landlord shall be entitled to receive and Tenant
shall pay a 10.0% penalty plus interest on such unpaid amount, from the date such payment was
due, at the rate of 18.0% per annum. In the event tenant is late more than three times in any
calendar year, landlord shall have the right to terminate this lease.
Section 2.02 Lease Year
The term "lease year" as used herein shall mean consecutive twelve -month periods.
Section 2.03 Taxes
(A) Tenant agrees to pay to Landlord any sales or use tax or excise tax imposed or levied
against rent or any other charge or payment required hereunder to be made by Tenant which has
been imposed or may be levied by any governmental agency having jurisdiction there over.
(B) Tenant shall pay as additional rent hereunder, during the original term hereof and any
extension thereof, a pro rata share of all ad valorem and real estate taxes levied or assessed
against, and of all assessments for public improvements benefiting the site containing the
demised premises, upon receipt of each tax bill (disregarding any discounts or penalties) for any
tax or assessment against the property, Landlord shall advise Tenant in writing of the amount of
such tax or assessment, and Tenant's pro rata portion there of payable by Tenant to Landlord,
and Tenant shall pay such portion to Landlord together with and as a part of the monthly
installment of BMR next becoming due. If the term of this lease does not commence on the first
day of the calendar year and end on the last day of a calendar year, Tenant's share of any such
tax or assessment for the year in which the lease term commences shall be prorated from the
Commencement Date, and the Tenant's share of any such tax or assessment for the year in
which the tease term ends shall be prorated to the date upon which the lease term ends_
Reasonable expenses incurred by Landlord in obtaining or attempting to obtain a reduction of any
3
real estate taxes shall be added to and included in the amount of such real estate taxes. Such
taxes as are being contested by Landlord shall nevertheless be included for purposes of the
computation of the liability of the Tenant, provided however that in the event that Tenant shall
have paid any amount of additional rent pursuant to this section and the Landlord shall thereafter
receive a refund of any portion of any real estate taxes on which such payment shall have been
based, Landlord shall pay to Tenant, Tenant's proportionate share of such refund within 30 days
of Landlord receiving a refund and Landlord shall have no obligation to contest, object or litigate
the levying or imposition of any real estate taxes and may settle, compromise, consent to, waive
or otherwise determine in its sole discretion any real estate taxes without consent or approval of
Tenant.
Section 2.04 Insurance Premiums
During the original term and any extensions or renewals thereot, I enant Shall pay to Landlord, as
additional rent hereunder, Tenant's proportionate share of all reasonable costs and expenses of
Landlord, in maintaining insurance on the buildings and the land (including all improvements
thereto) such as, but not limited to; fire and extended coverage, rent interruptions and such other
insurance covering all hazards and perils included within customary "all risks" coverage, said
insurance to be on a full value repair or replacement basis, as determined by Landlord; flood
insurance, rent insurance and such other insurance as may be required by Landlord's mortgagee;
comprehensive general liability in an amount to be determined by Landlord but not to less than
$1,000,000-00 per occurrence. Tenant shall also pay to Landlord, in addition to and together with
Tenants pro rata share of normal insurance costs and expenses, the entire amount of any
extraordinary or additional premium for insurance occasioned by or resulting from Tenant's use of
the premises.
Section 2.05 Shopping Center Operating Costs
During the original term and any extensions or renewals thereof, Tenant shall pay to Landlord, as
additional rent, Tenant's pro rata share of all reasonable costs paid or incurred by Landlord in
managing, operating, maintaining and repairing the buildings, and any addition thereto, and in
managing, operating and maintaining the land, including without limitation, water, sewer,
dumpster/refuse removal, parking areas, driveways, walkways, lighting, landscaping, irrigation,
drainage, and security in the Ocean Plaza Shopping Center Complex.
The Tenant's pro rata share of all costs and expenses plus sales tax referred to in this Article
shall be as indicated in Section 2.06 below. Tenant shall pay to Landlord with each installment of
Basic Monthly Rent, additional rent equal to 1112 of Tenants annual pro rata share of the
estimated costs and expenses. Landlord may modify costs and expenses at its sole discretion
quarterly during each calendar year on January V�, April 1", July 1"' and October 1 to reflect
Landlord's experience and reasonably anticipated costs and the actual costs of such items in past
quarters and, provided Landlord has given Tenant written notice at least five (5) days prior to the
effective date, which shall be the first day of the quarter. Tenant shall pay its pro rata share
monthly, beginning on the first day of such quarter, together with Basic Monthly Rent and sales
tax.
Section 2.06 Tenant's Pro rata or Proportionate Share
Tenant and Landlord hereby agree that the gross leasable square footage of the premises is
approximately 700 square feet and the gross leasable area of the building is 16,880 square feet.
As used in this lease the term "Tenant's Pro Rata or Proportionate Share" shall mean current
additional rent of JA.95 per square foot.
Tenant shall initially pay to the landlord, together with the monthly rent installments, the sum
estimated to be Tenant's pro rata share of the direct expenses and direct tax expenses, as
4
additional rent hereunder. Within sixty (60) days after the end of the lease term, Landlord shall
furnish Tenant with a statement covering the term just expired, certified as correct by an
authorized representative of the Landlord, showing the actual direct expenses and direct tax
expenses and the amount of Tenanfs pro rata share of such expenses for such term and the
payments made by Tenant with respect to such term- Such statement shall include true and
correct copies of all bills evidencing such costs. If tenant's additional rental payable under this
lease is greater or less than the total amounts actually billed to and paid by Tenant pursuant to
the estimate during the year, a payment shall be made by Landlord or Tenant, whichever the
case may be, within 20 days.
Even though the term has expired or terminated and Tenant has vacated the premises when the
final determination is made of Tenant's pro to share of direct expenses and direct tax expenses
for the year in which this lease expires or terminates, Tenant shall immediately pay any increase
due over the estimate, and, conversely, any overpayment made in the event such expenses
decrease shall be immediately refunded by Landlord to Tenant.
Section 2.07 Parking and Common Areas
In addition to the demised premises, Tenant shall have the right to non-exclusive use of ail
facilities furnished by Landlord in Ocean Plaza and designated for the general use, in common,
with Landlord, other tenants, and the guests, employees and invitees of same, subject to the
terms and conditions of this lease and to reasonable rules and regulations for the use thereof as
prescribed from time to time by Landlord. The parking area shall be provided with adequate
lighting and shall be maintained in good condition by Landlord, and Landlord shall have the right
at any time to change or modify the design and layout of the parking area(s).
The common areas shall be subject to the exclusive control and management of Landlord, who
shall have the right to establish, modify, change and enforce from time to time rules and
regulations with respect to the common areas so long as such rules are not discriminatory against
Tenant; and Tenant agrees to abide and conform with such rules and regulations. Tenant further
agrees that it and officers and employees will park their vehicles only in such areas as Landlord
may from time to time designate for employee parking, which areas may be within or without the
area adjacent to the demised premises. Tenant agrees that it will, within five (5) days after
written request by Landlord, furnish to Landlord the state automobile license numbers assigned to
its vehicles and those of its employees. Vehicles belonging to Tenant or Tenant's employees
who violate a restriction to park in designated areas may be towed away by Landlord at the cost
of Tenant or Landlord may charge Tenant a daily to of $10.00 per day for any such vehicle
parked in the common areas other than the designated employee parking area.
In the event that Landlord deems it necessary to prevent the acquisition of public rights in and to
the site, Landlord may from time to time temporarily close portions of the common areas, and
may erect private boundary markers to take such stems as deemed appropriate for that purpose-
Such action shall not constitute or be considered an eviction or disturbance of Tenant's quiet
possession of the premises. Neither the parking area nor any other part of the common areas
shall be used by Tenant, or any agent ore ployee of Tenant, for any advertising, political
campaigning or other similar use, including, without limitation, the dissemination of advertising or
campaign leafl ets for flyers.
Section 2.08 License
All common areas and facilities not within the leased premises, which Tenant may be permitted to
use and occupy, are to be used and occupied under a revocable license, and if such license were
revoked, or if the amounts of such areas are diminished, Landlord shall not be subject to any
liability nor shall Tenant be entitled to any compensation -of diminution or abatement of rent, nor
shall such revocation or diminution of such areas be deemed con§tructive or actual eviction,
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Section 2.09Addlitional Rent
In order to give Landlord a lien of equal priority with Landlord's lien for rent, and for no other
purpose, any and all sums of on or charges required to be paid by tenant under this lease,
wNether or not the same be so designated, shall be considered "Additional Rent". If such
amounts or charges are not paid at the time provided in this lease, they shall nevertheless, if not
paid when due, be collectible as additional rent with the next installment of rent thereafter failing
due hereunder, but nothing herein contained shall be deemed to suspend or delay the payment of
any amount of money or charges as the same become due and payable hereunder, or limit any
other remedy of the Landlord.
ARTICLE III — CONSTRUCTION OF LEASED PREMISES
Section 3.01 Landlord's Work and Tenant's Work
Landlord agrees that it will supply, units 10 in "as is" condition. Landlord will deliver this space to
Tenant with it conditioning unit in good working order. Thereafter, Tenant will maintain and
service it conditioning unit at its expense.
Tenant agrees, at its own cost and expense, to perform all other work.
Section 3.02 Changes and Additions to Buildings
Landlord hereby reserves the right at any time to build additional stores onto and/or perform
alterations tot building an for site property in which the premises are contained, and to it
adjoining the same. Landlord also reserves the right to construct other buildings of
improvements, including, but not limited to, structures for motor vehicle parking, and Tenant
agrees to cooperate with Landlord in permitting Landlord to accomplish such construction, if any,
ARTICLE IV — CONDUCT OF BUSINESS BY TENANT
Section 4.01 Use of Premises
Tenant, its successors and assigns, shall use the premises exclusively for the purpose of
operating a real estate office , and for no other uses or purpose whatsoever, and further agrees to
conduct its business in the premises under t h e n ame of or trade name of Oceano Realty, Inc.
and no other name except as may be first approved by Landlord in writing, which approval cannot
be unreasonably withheld.
Tenant will operate the leased premises and have the fully open and available for business
during the usual business hours, a minimum of 40 hours weekly. During the time that Tenant is
open for business, Tenant will provide adequate personnel and sales force to service the
customers of the business; provided however if Tenant is unable to comply by reason of shortage
of materials, strikes, acts of God, destruction of the premises by fire, or any other reason or cause
beyond Tenant's control, financial inability of Tenant excepted, Tenant shall not be deemed to be
in default under this lease.
Section 4.02 Tenant ShaillShall Not
Tenant shall comply with all laws, ordinances, rules and regulations of governmental authority
respecting the use, operation and activities of the premises (including sidewalks, street
approaches, drivei, entrances and other common areas serving the premises); maintain the
show windows, if any, in a neat and clean condition and shall keep the walkways adjacent to the
premises clean and free from rubbish.
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Tenant shall not permit any unlawful, improper or offensive us of the premises, common areas, or
such other areas, or any part thereof, nor permit any nuisance thereon; make any use of the
premises which of make void or void able any policy of insurance covering the premises or
common areas; burn any trash of any kind in or about the premises permit rubbish, refuse or
garbage to accumulate; permit any fire or health hazard to exist, upon or about the premises;
leave premises vacant or suffer or permit any waste or mistreatment thereof.
ARTICLE V — SECURITY DEPOSIT
Section 5.01 Amount of Deposit
Tenant, contemporaneously with the execution of this lease, has deposited with Landlord, and
Landlord hereby acknowledges receipt of $§33.33 if by check, subject to collection), which shall
be held by Landlord, without accrual of interest, as security for the faithful performance by Tenant
of all the terms of the lease. Said deposit shall not be mortgaged, assigned, transferred or
encumbered by Tenant without the express prior written consent of Landlord, and any such act
on the part of the Tenant shall be without force and effect and shall not be binding upon the
Landlord.
Section 5.02 Use and Return of Deposit
If any of the rents herein reserved or any other sum payable by Tenant to Landlord hereunder
shall be overdue or unpaid, or should Landlord make payments on behalf of the Tenant, or if
Tenant shall fail to perform any of the terms of this lease, then Landlord, at its option and without
prejudice to any other remedy which Landlord may have on account thereof, may appropriate and
apply said entire deposit, or so much thereof as may be necessary to compensate Landlord,
toward the payment of any rent or additional sum due hereunder or to any loss or damage
sustained by Landlord due to such breach on the part of the Tenant; and Tenant shall forthwith
upon demand restore said security deposit to the original sums deposited, Should Tenant comply
with all of the terms and promptly pay all of the rentals and all other sums payable by Tenant to
Landlord as they become due, said deposit shall be returned in full to Tenant at the end of the
term. In the event of Bankruptcy or other creditor debt proceedings against tenant, the security
deposit shall be deemed be first applied to the payment of rent and other charges due Landlord
for all periods prior to the filing of such proceedings-
ARTICLE V1 — SIGNS, MERCHANDISE DISPLAY, ALTERATIONS & LIENS
Section 6.01 Signs
Tenant shall not place or suffer to be placed or maintained upon any exterior door, roof, wall 'or
window of the premises any sign, awning, canopy or advertising matter Or any thing of any kind,
and will not place or maintain any freestanding standard within or upon the common area or the
premises immediately adjacent thereto, without first obtaining Landlord's express prior written
consent. Signage shall include a standard sign showing business hours. Tenant also agrees to
maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as
may be approved by Landlord in good condition and repair at all times and to remove the same at
the end of this lease, as and if requested by Landlord- Upon removal thereof, Tenant agrees to
repair any damage caused by such installation and/or removal. Tenant shall provide Landlord
with a copy of a bona fide contract for signage over his/her space, complying with Landlord's sign
specifications and prior approval, within 60 days after the cornmencernent date of this lease or
the effective date of any approved assignment of sub-lease requiring a change in sign e.
Landlord agrees that all existing storefront signage is acceptable.
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Section 6.02 Merchandise Display
Tenant shall not have the right to display any merchandise in showcases or other installations on
the exterior of the premises, nor shall Tenant maintain any laud speaker, voice making or other
sound projection device in such a manner as to be audible to anyone outside of the premises. In
addition, Landlord shall have the right to approve or disapprove any merchandise display,
whether within or without the premises, which is visible from the exterior of the premises.
Section 6.03 Alterations
Tenant shall not make any alterations or addition to the premises, including the installation of air-
conditioning, plumbing fixtures, or the installation of any floor covering, without Landlord's prior
written consent. Any alteration or addition made shall remain on and be surrendered with the
premises on expiration or termination of the lease, except the Landlord can elect within thirty (30)
days before, or within ten (10) days after expiration or termination of the term of the lease, to
require Tenant to remove any alterations or addition that Tenant or its assignor has made to the
premises.
If Landlord so elects, Tenant at its own cost shall restore the premises to the original condition of
the space as it was at the time Tenant took position, before the last day of the term, or within
thirty (30) days after notice of election is given, whichever is later.
Section 6.04 Liens
Tenant agrees that it will make full and prompt payment of all sums necessary to pay forte cost
of repairs, alterations, improvements, changes or other work done by Tenant to the premises and
further agrees to indemnify and hold harmless the Landlord from and against any and all such
costs and liabilities incurred by tenant, and against any and all mechanic's, material man's or
laborer's liens arising out of or from such work or the cost thereof which may be asserted,
claimed or charged against the premises or the principals of Ocean Plaza. Notwithstanding
anything to the contrary in the lease, the interest of Landlord in the premises shall not be subject
to liens for improvements made by or for Tenant, whether or not the same shall be made or done
in accordance with an agreement between Landlord and Tenant, and it is specifically understood
and agreed that in no event shall Landlord or the interest of the Landlord in the premises be liable
for or subjected to any mechanic's, material man's or laborers liens for improvements made by
Tenant or for which Tenant is responsible for payment under terms of this agreement. All
persons dealing with Tenant are hereupon placed upon notice of this provision. In the event any
notice or claim of lien shall be asserted of record against the interest of Landlord in the premises
or Ocean Plaza on account of or growing out of improvement or work done by or for Tenant, or
any person claiming by, through or under Tenant or for improvements or work the cost of which
is the responsibility of Tenant, Tenant agrees to have such notice of claim of lien cancelled and
discharged of record as a claim against the interest of Landlord in the premises or Ocean Plaza
(either by law) within ten (10) days after notice to tenant by Landlord, and in the event Tenant
shall fail to do so, Tenant shall be considered in default under this lease. Upon execution of this
agreement, Landlord and Tenant shall execute a Memorandum of this lease (at the option of the
Landlord), said Memorandum to be recorded in the public records of Palm each County, State
of Florida, setting forth the provisions of this Section 6.04.
ARTICLE Vil — REPAIRS, MAINTENANCE AND ACCESS BY LANDLORD
Section 7.01 Responsibility of Landlord
Landlord shall not be called upon and shall have no obligation to make any repairs,
improvements or alterations whatsoever to the premises. Landlord shall maintain the exterior
walls (but not glass, plate glass, windows, front entry door and closers, interior doors, or painting)
in good repair, and shall keep the roof of the buildings water tight', provided, however, that
Landlord shall not be required to make any repairs to the roof or any other part of the premises
until notice of the need for such repairs to the roof or any other part of the premises is given to the
Landlord by Tenant, and it is understood and agreed that Landlord shall not be responsible to the
Tenant for any damage Tenant may Bust in by a leak in the roof, windows, walls or pipes or for
any damage on account of windstorm, hurricane, fire or otherwise, unless damage is caused by
Landlords negligence. Also, Landlord shall not be liable for or required to make any repairs, or
perform any maintenance to or upon the premises, which are required by, related to, or which
arise out of negligence, fault, misfeasance or malfeasance of and by Tenant, its employees,
agents, invitees, licensees or customers, in which event Tenant shall be responsible therefore.
Section 7.02 Responsibiffty of Tenant
Tenant shall service, keep and maintain the interior of the premises including all plumbing and
plumbing fi xtures, wiring, air conditioning, piping, light fixtures, interior doors, front entry door
(including closers), windows, equipment and appurtenances, in good and substantial repair
during the entire term of this lease and shall replace all glass in the windows and doors broken
during the lease term, but such agreement of Tenant shall not apply to any damage caused by
Landlord or Landlord's agent, fire or other casualty which is covered (except for any applicable
deductible, which will be the Tenanfs responsibility to pay) by standard fire, extended coverage
and other perils insurance. Tenant agrees to make repairs promptly as they may be needed at its
own expense, and at the end of the to of this lease Tenant shall deliver up the premises in a
broom-clean condition with all glass and all windows and doors intact. Tenant shall maintain the
air-conditioning filter by replacing the filter with new filter a minimum of once every 30 days- At all
times, the Landlord shall give the Tenant the benefit of any warranties from workmen and
suppliers who have perforrned or delivered work, services or material to the complex.
In the event Tenant does not keep and maintain the premises to Landlord's satisfaction of make
the said repairs or replacements within a ten (t 0) day period after notice from Landlord, or in case
of repair which, for cause beyond Tenant's control, cannot with due diligence be cured within said
allotted period of ten days, if tenant shall not have promptly after notice commenced such repairs
and thereafter diligently prosecuted same to completion, within 2 reasonable time, then Landlord
may, in addition to any other remedies it may have under law or this lease, enter upon the
premises and maintain the premises and/or make the said repairs or replacements itself, as the
case may be, and charge'the cost thereof to Tenant plus 20% for overhead as additional rent
hereunder together with interest at the rate of 18% from the date of expenditure by Landlord to
the date of payment by Tenant
Section 7.03 Access by Landlord
Landlord or its representatives shall have the right to enter upon the premises, at times which will
not unreasonably interfere with business of Tenant, for the purpose of inspection and to make or
cause to be made any repairs or otherwise to protect its interest, but the right of the Landlord to
enter, repair or do anything else to protect its interest, or the exercise or failure to exercise said
right, shall in no way diminish Tenant's obligations or enlarge Landlord's obligations under this
lease, or affect any right of Landlord, or create any duty or liability by Landlord to Tenant or any
third party- Landlord may, within sixty (60) days next preceding the expiration of the term, enter
to place and maintain notices, for letting, free from hindrance or control of Tenant, and to show
the premises to prospective tenants thereof at times which will not unreasonably interfere with
business of Tenant. If Tenant shall vacate the premises during the last month of the term of this
lease, Landlord shall have the unrestricted right to enter same after Tenant's moving to
commence preparation for the succeeding tenant or for any other purpose whatsoever, without
affecting Tenant's obligations to pay rent for the full term.
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ARTICLE Vill — INDEMNITY AND EXCULPATIONS; INSURANCE
Section 8.01 Exculpation and Indemnity of Landlord
Landlord shall not be liable to tenant for any damage to Tenant or Tenant's property, and tenant
waives all claims against landlord for damage to person or property from any cause. Tenant shall
hold Landlord harmless from all damages arising out of any damage to any person or property
occurring in, on, or about the premises and the building, unless said damages are caused by
Landlord's willful misconduct or gross negligence. A party's obligation under this Article to
indemnify and hold the other party harmless shall be limited to the sum that exceeds the amount
of insurance proceeds, if any, received by the party being indemnified-
Section 8.02 Public Liability and Property Damage Insurance
Tenant at its cost shall maintain public liability and property damage insurance with liability limits
of not less than $2,000,000.00 aggregate and $1,000,000.00 per occurrence insuring against all
liability of tenant and its authorized representatives arising out of and in connection with tenant's
use or occupancy of the premises.
All public liability insurance and property damage insurance shall insure performance by tenant of
the indemnity provision of Article V111 Section 8.01. Both parties shall be named as additional
insureds; the policy shall contain cross-liability endorsements, and shall be primary insurance as
far as landlord is concerned.
All the insurance required under this lease shall:
Be issued by insurance companies authorized to do business in the State of Florida, with
financial rating of A.
Be issued as a primary policy.
Contain an endorsement requiring 30 days written notice from the insurance company to
both parties and Landlord's lender before cancellation or change in the coverage, scope, or
amount of any policy.
Be renewed not less than 30 days before expiration of the term of the policy.
Each policy, or a certificate the policy, together with evidence of payment of premiums, shall be
deposited with Landlord at the commencement of the to and on each renewal of the policy.
Section 8.03 Increase in Amount of Public Liability and Property Damage Insurance
Not more frequently than every three years, if, in the reasonable opinion of Landlord's lender or of
the insurance broker retained by Landlord, the amount of public liability and property damage
insurance coverage at that time is not adequate, tenant shall increase the insurance coverage as
reasonably required by either Landlord's lender or Landlord's insurance broker. The cost of said
increased coverage shalt not be greater than 10% of the cost of coverage at the beginning of the
lease term or at the beginning of any renewal period.
Section 8.04 Waiver of Subrogation
The parties release each other, and their respective authorized representatives, from any claims
for damage to any person or to the premises and the building and other improvements in which
the premises are located, and to the fixtures, personal property, tenant's improvements, and
alterations of either landlord or tenant in or on the premises and the building and other
improvements in which the premises are located that are caused by or result from risks insured
against under any fire and extended coverage insurance policies carried by the parties and in
10
force at the time of any such damage. Tenant shall use each insurance policy obtained by it to
provide that the insurance company waives all right of recovery by way of subrogation against
Landlord in connection with any damage covered by any policy.
ARTICLE IX — QUIET ENJOYMENT
Section 9.01 Quiet Enjoyment
Landlord covenants that so long as Tenant pays the rent reserved in this lease and performs its
agreements hereunder, Tenant shall have the right to quietly enjoy and use the premises for the
term hereof, subject only to the provisions of this agreement.
ARTICLE X — ASSIGNMENT AND SUBLETTING
Section 10.01 Assignment and Subletting
Tenant shall not assign this lease not any rights hereunder, nor let or sublet all or any part of the
premises, nor suffer or permit any person or corporation to use any part of the premises, without
first obtaining the express prior written consent of Landlord, which consent Landlord, may
arbitrarily withhold. A copy of any proposed assignment or sub-lease must be submitted to
Landlord. Should Landlord consent to such assignment or to a sub-lease of all or any part of the
premises, Tenant does hereby guarantee payment of all rent herein served until the expiration of
the term hereof, and no failure of the Landlord to promptly collect from any assignee or sub-
tenant, or any extension of the time for the payment of such rents, shall release or relieve Tenant
from its guaranty or obligation of payment of such rents- No acceptance by the Landlord from
other than the Tenant of any payment due hereunder shall be construed a consent by Landlord to
any assignment or subletting by the Tenant, or give the Tenant any right to permit another to
occupy any portion of the premises except as herein expressly provided.
ARTICLE XI — UTILITIES
Section 11.01 Utilities
Tenant shall pay all costs and expenses for gas, electricity, pest control, phone and internet,
alarm, and any and all other utilities furnished to or used in connection with the premises for any
purpose whatsoever during the term of this lease, promptly as each thereof shall become due
and payable.
The cost of trash and/or garbage collection shalt be paid indirectly by Tenant through the
common area maintenance fees to the person or entity performing such removal service
("Removal Contractor'), or Landlord may, at its sole option, elect to contract for trash and/or
garbage removal for an individual Tenant, several Tenants, or all Tenants (hereunder called
"Participants")- If Landlord so elects, the Participants shall pay a "fair share" of the costs thereof,
such "fair share" to be determined as follows.
The Removal Contractor, based on its expertise, shall make a determination as to the
requirements for disposal for each individual Participant and the cost thereof. The "fair share"
shall bgirth e percentage (%) that each Participant's cost bears to the total cost of all Participants,
I I I
multiplied times the actual cost of the contract. Such amounts shall be payable under the terms of
this lease, and shall be in addition to common area maintenance expense.
It shall be the Tenants sole responsibility to place all garbage and trash from their respective
premises in a dumpster or trash bin, if any, provided by Landlord or Removal Contractor which
has been designated for use by Tenant. Otherwise, it is to be placed on appropriate days for
pick-up in approved containers as required by Removal Contractor. No trash or garbage shall be
allowed to collect upon or about the premises except in a dumpster or other approved receptacles
on scheduled pick-up days. No dumpster or other receptacles shall be placed on parking or other
common areas, except at authorized designated places on scheduled days, without prior written
approval of Landlord. In the event Tenant should place any refuse material in an unapproved
area or outside the approved receptacle, Landlord may, two (2) days after verbally notifying
Tenant, have said refuse removed and Tenant shall make prompt payment for al the costs of said
removal.
ARTICLE X11 — DEFAULT OF TENANT
Section 12.01 Default of Tenant
in the event Tenant shall (a) fail to make any rental or other payment due hereunder within ten
(10) days after the same shall become due, or in the event: (b) a petition in bankruptcy (including
Chapter X and Chapter XI bankruptcy proceeding or any other reorganization proceedings under
the Bankruptcy Act) be filed by the Tenant, or be filed against the Tenant, and such petition is not
dismissed within thirty (30) days from the filing thereof, or in the event Tenant is adjudged a
bankrupt; or , (c) an assignment for the benefit of creditors is made by Tenant; or, (d) of an
appointment by any court of a receiver or other court officer of Tenant's property and such
receivership is not dismissed within thirty (3) days from such appointment; or (e) Tenant removed,
attempts to remove, or its to be removed from the leased premises, except in the usual
course of trade, the goods, furniture, effects or other property of the Tenant brought thereon o
( Tenant before the expiration of the term hereof and without the written consent of the Landlord,
vacates the leased premises or abandons the possession thereof, of uses the same for purposes
other than the purpose for which the same are leased, or ceases to use the leased premises for
the purposes herein expressed; or, (g) an execution or other legal process is levied upon the
goods, furniture, effects or other property of Tenant brought on the leased premises, or upon the
interest of Tenant in this lease, and the same is not satisfied or dismissed within ten (10) days
from such levy or process; - or, (h) breach or failure to perform any of the agreements herein other
than the agreement to pay rent, and shall fail to cure such breach within ten (1 0) days after
written notice from Landlord, then Landlord in any such event shall have the options as follows
Section 12.02 Remedies of Landlord
Landlord shall have the immediate right to re-enter the leased premises, either by summary
proceedings and to dispossess Tenant and all other occupants therefrom and remove and
dispose of all property therein in the manner provided in the third paragraph of this Section, with
resort to legal process. Landlord shall also have the right, at its option, to terminate this lease
upon ten (10) days prior written notice to Tenant, and to thereupon re-enter and take possession
of the said premises with legal process. In the event on any such default or breach, Landlord shall
have the right, at its option, from time to time, without terminating this lease, to re-enter and re-let
the premises, or any part thereof, with legal process, as the agent and for the account of Tenant
upon such terms and conditions as Landlord may deem advisable or satisfactory, in which event
the rents received on such re-letting shall be applied first to the expense of such re-letting and
collection including, but not limited to, necessary renovation and alterations of the leased
premises, reasonable attorney's fees, any real estate commissions paid, and thereafter toward
payment of all sums due or to become due Landlord hereunder, and if a sufficient sum shall not
be thus realized or secured to pay such sums and other charges, (1) at Landlord's option, Tenant
shall pay Landlord any deficiency monthly, notwithstanding Landl9rd may have received rental in
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excess of the rental stipulated in this lease in previous or subsequent months, and Landlord may
bring an action therefore as such monthly deficiency shall arise, or (11) at Landlord's option, the
entire deficiency, which is subject to ascertainment for the remaining term of this lease, shall be
immediately due and payable by Tenant. Nothing herein, however, shall be construed to require
Landlord to re-enter and re-let in any event The Landlord shall not, in any event, be required to
pay Tenant any surplus of any sums received by Landlord on a re-letting of said premises in
excess of the rent provided in this lease,
In the event of any such default or breach, the Landlord shall have the right, at its option to
declare the rents for the entire remaining term an other indebtedness, if any, immediately due and
payable without regard to whether or not possession shall have been surrendered to or taken by
Landlord, and may commence action immediately thereupon and recover jug ment therefore,
The Landlord, in addition to other rights and remedies it may have, shall have the right to remove
all or any part of the Tenants property from said premises and any property removed may be
stored in any public warehouse or elsewhere at the cost of, and for the account of Tenant and the
Landlord shall not be responsible for the care of safekeeping thereof, and the Tenant hereby
waives any and all loss, destruction and/or damage or injury which may be occasioned by any of
the aforesaid acts, as long as Landlord complies with all laws.
No such entry or taking possession of said leased premises by Landlord shall be construed as an
election on Landlord's part to terminate this lease unless a written notice of such intention is given
to Tenant. Notwithstanding any such re-letting without termination, Landlord may at all times
thereafter, elect to terminate this lease for such previous default or breach. Tenant shall allow
any such re-entry without hindrance, and Landlord shall not be liable in damages for any such re-
entry, or guilty of trespass or forcible entry, as long as Landlord complies with all laws- The
delivery of keys to Landlord or any employees of Landlord or the Landlord's agent of any
employee thereof, shall not operate as a termination of this lease or surrender of the premises.
Any and all sums due under this lease from Tenant to Landlord and not paid on the date due shall
bear interest from the date due at the rate of eighteen percent (18%) per annum until fully paid.
The remedies for which provision is made in this Article XII shall not be exclusive and any and all
rights, remedies and options given in this lease to Landlord shall be cumulative and in addition to
and without waiver of or in derogation of any right or remedy given to it under any law now or
hereafter in effect. In any event, and irrespective of any option exercised by Landlord, Tenant
agrees to pay and the Landlord shall be entitled to recover all costs and expenses incurred by
Landlord, including reasonable attorney's fees, in connection with collection of rent or damages or
enforcing other rights of Landlord in event of a breach or abandonment by Tenant. Tenant
hereby expressly waives any and all rights of redemption, if any granted by or under any present
or future law in the event Tenant shall be evicted or dispossessed for any cause, or event
Landlord shall obtain possession of the premises by virtue of the provisions of this lease, or
otherwise.
ARTICLE 111 — WAIVER OR ESTOPPEL
Section 13.01 Waiver or Estoppel
The failure of Landlord to insist, in any one or more instances, upon strict performance of any
covenants or agreements of this lease, or exercise any option of Landlord herein contained, shall
not be construed as a waiver or relinquishment for the future of such covenant, agreement or
option, but the same shall continue and remain in full force and effect. Receipt of rent by
Landlord, with knowledge of the breach of any covenant or agreement hereof, shall not be
deemed to have been made unless expressed in writing and signed by Landlord. Any
acceptance of rent or other such payment in a lesser amount than is herein required to be paid by
the Tenant, regardless of any endorsement of any check or any statement in any letter
accompanying the payment of the same shall not be construed as an accord and satisfaction or
in any manner or other than as a payment on account by the Tenant. No waiver by the Landlord
in respect to any other Tenant shall constitute a similar waiver in favor of Tenant.
ARTICLE XIV — ATTORNMENT AND SUBORDINATION
Section 14.01 A tfornment and Subordination
All rights and interests of Tenant hereunder are and shall be and remain subject, subordinate and
inferior to all mortgages, heretofore or hereafter given and encumbering the premises, or any part
thereof, and shall likewise be subordinate and inferior to all renewals, modifications,
consolidations, replacements and extensions of any such mortgage, and the d of the holder of
any such mortgage shall at all times be and remain prior and superior to all rights and interests of
Tenant. This provision shall operate as a subordination agreement with respect to all such
mortgages and all renewals, modifications, consolidation, replacements and extensions thereof.
If the holder of any such mortgage or any person, fi rm or corporation agreeing to make a loan
secured by a mortgage on the premises shall require confi rmation of any subordination for which
provision is herein made or a separate subordination agreement with respect to any mortgage
transaction, Tenant shall execute such agreement in the for required by such mortgage holder
or other person, firm or corporation agreeing to make a loan secured by a mortgage on the
premises, and the execution of the same shall not diminish or affect the liability of Tenant
hereunder or of any other party responsible for or guaranteeing the obligations of Tenant under
this lease-
ARTICLE XV — CONDEMNATION
Section 16.01 Condemnation
All compensation awarded for any such taking by, or conveyance to, any public or quasi-public
authority by reason of any act of such authority for which damages are payable, shall be the
property of the Landlord, whether such damage shall be awarded as compensation for diminution
in the value or the leasehold or to the fee of the demised premises, and Tenant hereby assigns to
Landlord all of Tenant's right, title and interest in and to any and all such compensation. Tenant
shall be entitled to claim, prove and receive in the condemnation proceeding such awards as may
be allowed for trade fixtures or for loss of business "good will", depreciation or injury to and cost
of removal of stock in trade, but only if such awards shall be made by the condemnation court or
by the condemner in addition to, and shall not result in a reduction of, the award for the land and
buildings so taken.
ARTICLE XVI — MISCELLANEOUS
Section 16.01 vatices
All notices shall be in writing and any notice by tenant to Landlord must be served by certified or
registered mail, postage prepaid, addressed to Landlord or the agent of Landlord at the address
first he reins bove given or at such other address as Landlord or its agent may designate by written
notice.
After commencement of the term hereof any notice by Landlord to Tenant shall be served by first
class mail, postage prepaid, addressed to Tenant at the [eased premises or at such other
address as Tenant shall designate by written notice or by delivery by Landlord to the leased
premises or to such other address.
14
Notice shall be deemed to be properly given if addressed to Tenant at its last known address, if
such first class mail is refused or otherwise not delivered.
Section 16.02 Deposits and Advances
Any funds paid by Tenant to Landlord as a deposit or advance pursuant to the terms of this lease,
or any exhibit, addendum or modification hereto, may be commingled with other funds of
Landlord and need not be placed in trust, deposited in escrow or otherwise held in a segregated
account. In addition, if any sums of one shall become payable by Tenant to Landlord pursuant
to the terms of agreement, or any exhibit, addendum or modification hereto, or by a law,
ordinance or regulation affecting this agreement, Landlord shall have the right to apply any
deposits or advances theretofore made by Tenant against sums due by Tenant to Landlord-
Section 16.03 Captions and Section Numbers
The captions, section numbers, articles numbers and index appearing in this lease are inserted
only as a matter of convenience and in no way define, limit construe, or describe the scope or
intent of such sections or articles of this lease nor in any way affect this lease-
Section 16.04 Brokerage
Tenant warrants and represents that it has not dealt with any broker in connection with this lease
or the premises, and agrees to defend, indemnify and hold the Landlord harmless from and
against any and all claims for brokerage fees and commissions by any broker claiming to have
dealt with him in connection with this lease. Landlord warrants and represents that not dealt with
any broker in connection with this lease or the premises and agrees to defend, indemnify and
hold the Tenant harmless from and against any and all claims for brokerage fees and
commissions by any other broker claiming to have dealt with it in connections with this lease.
Section 16.05 Recording
Tenant shall not record this lease, but upon the request oy the Landlord, both parties shall
execute and deliver a notice of memorandum of lease, in a for satisfactory to Landlord and
appropriate for recording; the costs of such notices of memorandum shall be borne by the
Landlord.
Section 16.06 Infestations and Fumigation
If necessary to vacate the premises for fumigation or other similar treatment for termites, insects,
etc-, Tenant, after a minimum of 14 days prior written notice, shall vacate the premises for the
required time for such treatment to be performed. If such treatment does not eximed 3 days and
4 nights (excluding any preparation time performed on the common areas, and not materially
interfering with the business operations of Tenant), it shall be without any rent abatement. Any
longer period shall abate the current tent for such additional period on a pro rata per them basis.
Tenant shall permit exterminator access to premises as required by law or regulations regarding
such treatment.
Section 16.07 Entire Agreements
Tenant agrees that Landlord has not made any statement, promise or agreement, or taken upon
itself any engagement whatsoever, verbally or in writing in conflict with the terms of this lease, or
15
which in any way modifies, varies, alters, enlarges or invalidates any of its provisions. This lease
sets forth the entire understanding between Landlord and Tenant, and shall not be changed,
modified or amended except by an instrument in writing signed by the party against whom the
enforcement of any such change, modification or amendment is sought. The covenants and
agreements herein contained shall in the n fits and advantages hereof shall inure to,
the respective heirs, legal representatives, successors and assigns of Landlord and Tenant.
Whenever used, the singular number shall include the plural, the plural shall include the singular,
and the use of any gender shall include all genders. The headings set forth in this lease are for
ease of reference only, and shall not be interpreted to modify or limit the provision hereof This
agreement shall be construed in accordance with the laws of the State of Florida, Should any
provisions of this lease and/or its conditions be illegal or not enforceable under the laws of said
State, it or they shall be considered severable, and the lease and its conditions shall remain in
force and be binding upon the parties as thought said provisions had never been included.
Section 16.08 Radon and Other
Florida Statutes, Section 404.056(8) requires the following disclosure:
Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time- Levels
of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon testing may be obtained from a county public health unit.
ARTICLE XVII - ENVIRONMENTAL
Section 17.01 Environmental
Tenant represents and warrants to Landlord that Tenant's use and activities on the premises shall
be conducted in compliance with all applicable environmental ordinances, rules, regulation,
statutes, orders, and laws of all local, state, or federal agencies or bodies with jurisdiction over
the premises or the activities conducted on the premises (hereinafter collectively revered to as
the "Environmental Laws"), In the event any of the Tenant activities require the use of
"hazardous" or "toxic" substances, as such to are defined by any of the Environmental Laws,
then Tenant represents and warrants to Landlord that Tenant has received all permits and
approvals required under the Environmental laws with respect to such toxic or hazardous
substances- Tenant covenants and agrees to maintain the Premises in a "Clean" condition during
the to of this lease. As used in this paragraph, the term "clean" shall can that the Premises
are in material compliance with the standards set forth under the Environmental Laws and any
standards set forth in this lease.
In the event Tenant breaches any of its material representations, warranties, or covenants and
agreements contained in this Section or fails to notify Landlord of the release of any hazardous or
toxic substances from the Premises, then such breach or failure to not shall be deemed a
default under this Lease and Landlord shall have all rights and remedies available to it, including,
but not limited to, the right to initiate a clean up of the Premises, in which case Landlord shall be
reimbursed by Tenant for, and in connection with such clean up of the Premises and to fully
indemnify and hold Landlord harmless from any and all losses, liabilities, expenses (including but
not limited to reasonable attorneys' and paralegals' fees at trial and all appellate levels) 'incurred
by Landlord as a result of any contamination of the Premises due to Tenant's use of hazardous or
toxic substances on the Premises.
If Tenant's operations require the ongoing use of hazardous or toxic substances, then Tenant
shall upon written request by Landlord supply Landlord within ten (10) days receipt of such
request with copies of reports and any other monitoring information required by the
Environmental Laws, and any failure by Tenant to do so shall be, at Landlord's option, constitute
and Event of Default under this Leases
16
r u,
Executed b y m,Pt: on the _ .._y of
2014
`ENAP
Witness as to, "Ien'Ant
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Executed by Landlord on the of ...... ..........._:-------- .- ___-_-_. _____._____ -, 201
LANDLORD
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17
Florid Fro nt Cr 0i
C EANO REALTY, I .
Filing nt r sting
Document Number P14000046805
FEI/EIN Number NONE
Date i 05/27/2014
State FL
Status ACTIVE
Effective Date 05/27/2014
rind I r s
4400 N OCEAN BLVD
GULF STREAM, FL 33483
ailin rs
4400 N OCEAN BLVD
GULF STREAM, FL 334
e Isere ent erne Tess
MOLLICA, J Y 6
4400 N OCEAN BLVD
GULF STREAM, FL 33483
a fficei-IDL rector _ et ail
Name & Address
Title PVST
LLICA, JUDY
4400 N OCEAN BLVD
GULF STREAM, FL 33483
Title
LLIC , JUDY
4400 N OCEAN BLVD
GULF STREAM, FL 334
�m A PP LIC ATION �m............ � _ REG I S T RATIO N
.mm... R µ . m....... FICTIT µ
REGISTRATION# G1
Fict itious a to be Registered: OCEAN EAST PROPERTI
M ailing dress of Business: 4400 N OCEAN BLVD 4
GULF STREAM, FL 33403
F lorida County of Principal Place of Business: MULTIPLE FILED
I Number: Secretar o State
O wner( s ) of F ictitious e:
OCEA REALTY, IN
4400 N OCEAN BLVD 4
GULF STREAM, FL 33483 U
Florida Document Number: P 14000046805
F I Number: 47
1 the undersigned, being an owner in the above fictitious name, certify that the information indicated on this form is true and
accurate. 1 further certify that the fictitious name to be registered has been advertised at least once in a news paper as defined
in Chapter 50, Florida Statutes, in the county where the principal place of business is located. I understand that the electronic
.signature below shall have the same legal effect as if made under oath and I am aware that false information submitted in it
document to the Department of State constitutes a third degree felony as provided for in s. 317.155, Florida Statutes,
jUDY MOLl�l,'-, 0 7122J2014
I trrarr ""ig- na fu re(s ) Data
Certificate of Status R equested Certified Copy Requested )
Electronic Articles orincorporation P14000046805
FILED
For May 27 2014
Sec. Of State
OCEANO REALTY. 1\,,.C- sgilbert
The undersigned incorporator-, for the Purpose of fonning a Florida
profit corporation, hereby adopts the folloNving Articles of Incorporation
Article I
The Dame of the corporation IS",
OCEANO REALT'i". INC.
Article 11
The principal place of business address
4400 N OCEAN BLVD #4
GULF STRFAIA, FL. US 33483
! mailing address oft he corporation is
4400 OCEAN BLVD #4
GULF STREAK FL. US 33483
Article III
The purpose for which this corporation is orgtinized is
RtAL ESTATE SALES AND RENTALS
Article IV
The number of shares the corporation is authorized to issue is:
loo
Article V
The name and Florida street address of the registered agent is:
JUDY MOLLICA
4400 N OCE.AINIT BLVD m44
GUILF STREAM, FL, 33483
1 certify! that I am familiar Nvith and accept the responsibilities of'
registered agent.
Registered Agent Signalure: JUDA'11\101,11C,,�
P14000046805
FILED
May 27 2014
Article V1 Sec. Of State
The name and address of the incorporator is- sgilbert
JUDY MOLLICA
4400 N OCEAN BLVD 94
GULF STREANI FL, 33483
Electronic SignalUre of Incorporator: JUDY MOLLICA
I am the incorporator submiffing. these Articles of Incor oration and of 7i that the facts stated herein are
true. I am aware drat false infon-nation submitted in a Tocument to the Dcparhnent of State constitutes a
it degree 'elong as provided for in s.81T 155. FmS. I understand the reqUiTenlent to file an a nnual report
between January I'st and May I st .i the calendar' year following or nation of this corporation and every
near thereafter to maintain "active®" status.
Article V11
The initial offileer(s) and/or director(s) oft e corporation is/are:
'Title: PVST
JUDY MOLLICA
44001\7 OCEAN BLVD - tM
GULF STREAM, L. 33483 1 - IS
Title: D
JUDY MOLLICA
4400N OCEAN BLVD 44
GULF STREAM, L. 33483 US
Article VIH
The effective date for this corporation shall be:
05/27/2014
Judy Mollica
Cell 561.309.1656 4400 N Occim Blvd 44
Horne 561.265.5385 Cell' trews. Florida 33483
SUMMARY
Real estate sales career highlighted by outstanding personal production with branded developments
Accomplished in cross - functional disciplines including relationship sales mastery, marketing, strategic planning and
administrative organization
Formulated successful start-ups with sales comparative analysis, unique selling proposition, and planned sales presentation
Extensive experience and sales skills combining enthusiasm with product knowledge and a planned presentation
Consistent sales and volume leader of high-end properties earning the confidence and trust to steward affluent,
sophisticated clients through complex transactions
SALES HISTORY
The Corcoran Group 2010-2014
Real Estate Sales focusing on high end properties as well as First time home buyers
Luxury Real Estate Group, International
1006-2009
Joined start up real estate firm focusing on high end properties
Listings leader
Onsite broker for new developments in Jupiter; Tierra del Sol and Waterpointe; devised marketing and broker programs,
Planned and implemented broker and public launch; hired and trained staff
The Ritz-Carlton of Club & Spa, Jupiter (L. . of Marriott International & Jack Nicklaus) 2002-2005
Sal e-v Executive- Licensed salesperson —.l piter, Florida
Promoted to sales executive for private golf club offering multi- million dollar Estate Homes, Luxury
ractionals, golf & spa memberships
Achieved consistent sales production leadership in The Ritz-Carlton sales organization.
Received "Outstanding Sales Executive Award" — 2003 & 2004, Sales Volume
The Ritz-Carlton colraub & Spa, Jupiter (L.L.P. of Marriott International & Jack Nicklaus)
Marketing Coordinator — Jupiter, Florida 2001-2002
Developed position for maximizing performance of Sales Executives in managing prospect contacts
Drafted client sales correspondence adopted throughout The Ritz-Carlton Clubs
Devised and implemented systematic sales follow-up procedures and protocols
ERA Daniel & Wohlwender-Longwood, Florida 1990-2001
Sales Associate
Perennial top producer in a30 agent office focusing on luxury, single family home sales in Orlando, Florida.
Developed and managed all personal sales & marketing programs
Consistently met or exceeded company performance objectives
Calico jacks, Orlando, Florida 1986_19!0
Director of Marketing and Promotions
Devised and implemented all marketing and public relations programs for high volume restaurants and
nightclubs established in several major markets in Florida
EDUCATION
Seminole Community College — Sanford, Florida
A.A. degree, General Studies
University of Central Florida — Oviedo, Florida
Matriculated toward B.A., Psychology
Barbara Aloyse Heiss
OBJECTIVE Real E state Services
EXPERTISE Propert & Project Management
Interior Design & Construction Consultant
Real Estate
EXPERIENCE Professional Designer / Real E state Development / Realtor
B&T Land Company
eve rarer" Frontenac, MO 2003-2005
Attached Housing Project, Co-Owner Conceptual Development with Architects and
Engineers, Contract Administration with Law
yers, acted as both Buver and Seller
Zoning and Ordinance with Lawyers and Alderman, accomplished zoning change
Edward L. Bakewell, Inc. Ree&or Clayton, MO 2004-2007
Keller Williams Realtor Austin, TX 2007-2009
Collins lst Realty Reall Boca Raton, FL 2011-2014
Ocean East Properties Realtor Boynton Beach, FL 2014 to date
Alctyse Design, LLC. Senior Dwt ner St. Louis, MO 2000-2007
Commercial, and private residence design and consulting for all phases and aspects of
projects: Real Estate, architecWre, contract negotiations, facilitating vendors, all as-
pects of FF&E and OS &E, Construction Consulting, Job site coordination & supervi-
sion, Major achievements: Busch Stadium for the St Louis Redevelopment Corporation
Commercial, Hospitality & Exclusive Residences for High Profile Clients
EDUCATION Bennett College, AAS Pace University New York, NY
National Council for Interior Design Qualifications 1XCID0#015713
INTERESTS Golfi ng &Fishing
personal & professional recommendations upon request
561.699.9077
Jobs to be created and filled by Ocean East Properties
There is an immediate need for 2 full time employees with one more full
time employee to be added after I month from opening business and one full
time employee to be added after 6 months from opening business.
Jobs to be created: Licensed Real Estate Broker-
Licensed Real Estate Associate
After one month I more Licensed Real Estate Associate
After maximum of 6 months: Secretary/Receptionist
Licensed Real Estate Broker-
Job DescEiption oversee all aspects of business including, contract
supervision, bookkeeping, escrow accounts maintenance, schedule
showings, schedule listing appointments, created and oversee marketing
plan. Trouble shoot any problems that may arise with agents, customers and
clients.
Eay_ganye-This is a commission based position that will . pay approximately
$45,000 annually for the first year.
Weeh!j..5chedule-Monday through Friday 10:00 am-6:00 pm. Occasional
weekend and evenings may be required for client appointments.
Licensed Real Estate Associate-
Job DescriDtiOn Show prospective buyers real estate opportunities,
Schedule appointments for listing presentations to offer sellers services to
sell their home. Follow up on leads provided. Remain Real Estate experts in
the areas of Boynton Beach and surrounding cities. Farm neighborhoods to
identify prospective clients.
Pay Rgnje-This is a commissioned based position that will pay $40,000
annually.
Weekly Schedule-Monday through Friday 10 am -- 6 pm. Occasional
weekend and evenings may be required for client appointments.
Secretary/Receptionist-
Job DEE6gjj2g Greet guests and answer incoming calls. Track contract
deadlines and maintain client files. Support licensed Real Estate Brokers
and Associates.
Pa,y Range Hourly rate of $14.00 per hour. Forty our Work week from
9:30 am -- 5 30 pm.
2014 CRA COMMENT LOG
Date Name Comment
-= -
CRA responded to all M CRA issues r
Lawn maintenance crew has been
contaced to review their duties.
Banner will be repaired and/or
No Name Given- The comments regarding removed. The City has been
Marina Village CRA property were about contacted on the issues which
7/8/2014 Letter Resident landscaping & banners. pertain to City property.
Filthy Disgusting Entrance to Marina. Oil, Food, Animal Waste, Dead Fish Waste, Smelly, Repulsive
Often Huge Gallons of Red Fish Blood and Flies. Very Attractive!
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Exposed Sprinker Hoses Everywhere Around Boynton Harbor Marina and Building. Everywhere.
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Filthy Moldy Disguting Awnings (Have Never Been Pressure Cleaned in Years) on Walkway to Pier. If
someone wants to talk a romantic walk down these "Broken weed strewn brick pavers "... they will Gag
or Puke by Looking Above (if they don't have an allergic seizure from the Mold).
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Duck, Bird and Animal Feces Everywhere. This View of Duck Feces which Cover the Railing Around Pond.
Very Nice Place to take a walk. Just make sure not to look at the rails and don't lean to the left or right
unless you want duck crap all over! YUMN
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This mr$& nice. AHanging Banner thatsl2wa o« mewl with aBent Sign Underneath. What
Neglect! Shame on the (RAH
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Nice all along the broken and week infested pavers down the pier walk under the mold filled awning are
Spot Lights on the Ground. Quite a few them. Most of which All Are Broken Fire Hazzards, Non -
Functional and Very Attractive!!!
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Nice way to get injured on this exposed hole on the pier in the dirty broken pavers.
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Beautiful Cockeyed Broken Umbrella makes a Really Warm Statement to Guests coming to the marina or
passing by. I guess someone can't afford $10 for a new one.. perhaps this is the new style?
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Well Maintained Palm Trees by the Marina. These few have like 2 palm fronts each (plant hasn't been
fed or manicured since it was planted a year or 2 ago)
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BY EAR THE FItTMEST DISCGUSTING PART, Why is it the landscaper takes care of the property in front
of the entrance... but in front of the Dive Shop there are MORE WEEDS than plants. The Plants are Dead.
The Weeds are 2 to 3 feet tall. Can't imagine how a Business Owner Could have a Storefront like that.
Imagine what their home must look like?
What kind of CRA doesn't regulate. monitor and make sure the landscaper is pulling weeds and feeding
plants?
This looks like a Refugee camp!
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CRA BOA" MEETING OF'o August 12, 2014
Consent Agenda Old Business I New Business Public Hearing I Information Only
SUBJECT: CRA Development Project Update: Boynton Harbor Marina Harbor Master Building &
Fuel Dock Site Improvement Project.
SUMMARY: The CRA Board approved the funding in the FY 2013 -2014 budget for the
construction of the Boynton Harbor Marina Harbor Master Building & Fuel Dock Site Improvement
Project. The scope of work for the project consists of the construction of a new 1,500 square foot
Harbor Master building with shop store and public restrooms, enhanced lighting, landscape and
hardscape improvements and signage.
At their February 11, 2014 meeting, the CRA Board approved entering into a construction contract with
The Collage Companies for the construction of the project for the contract price of $974,545 plus a 15%
contingency $146,182 for a total of $1,120,727.00. The Notice to Proceed was issued on February 26
with a final completion date of January 8, 2015.
As you area aware, the project site is small and located in the most heavily trafficked area of the marina.
Collage's Project Manager, David Trindade continues to do a wonderful job far of managing the site and
coordinating material deliveries so as not to interfere with operation of the Two Georges restaurant.
Since the July Board meeting, the contractor has completed the building's stucco, porch wood ceiling
installation, interior insulation, metal roof installation, painting of the building's exterior, formation and
concrete pour of the decorative hardscape seat wall and the site's underground drainage systems.
Progress pictures are attached.
FISCAL IMPACT: Construction Cost of $974,545 plus 15% contingency $146,182 for a total of
$1,120,727 budgeted in Account # 02 -58200 -404
CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision &
Master Plan, Boynton Harbor Marina Master Redevelopment Plan.
RECOMMENDATIONS: None.
- f
Michael Simon, Assistant Director
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingstAugust 201418.12.14 \Marina Project
Update -Aug 2014.docx
Harbormaster Building & Site Improvement Project
July I - August 8th Progress Update
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Boyntar7 Beach Harbor marina Dale: 07€24114
Dockmasters Building �3�'La.�;2s.s2aisa- .853929
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CRA BOA" MEETING OF** August 12, 2014
C onsent Agenda I I Old Business I � New Business I I Public Hearing ( n io my
SUBJECT: CRA Development Project Update: 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 1 st Street.
The CRA Board approved the release of the Invitation to Bid (ITB) on December 6, 2013 with a
submission deadline of January 16, 2014.
As a result of the ITB process, cost proposals were submitted from ten contracting firms. 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.
On March 12, 2014, the CRA Board approved entering into a contract with Rosso Site Development,
Inc. for the construction of the project.
T he Notice to Proceed was issued to Rosso Site Development, Inc. with a start date to be on or before
April 4, 2014 with a final completion date of October 31, 2014. On March 31 Rosso Site
Development, Inc. was on the property ready to begin the demolition site work. Progress in the past 3 -4
weeks has included placement of the light pole foundations, rough electrical plumbing and irrigation
lines, as well as meetings with the landscape subcontractor, architect and City staff for the selection of
the plant material. Project Progress pictures are attached.
FISCAL IMPACT: Contract price of $510,435.24 plus 10% contingency $51,044 for a total of
$561,480 budgeted in Account # 02 -58200 -404
CRA P LAN , : CRA Redevelopment Plan, Downtown Vision &
Master Plan.
RE COMME NDATIONS: None
a
Michael Simon, Assistant Director
TAAGENDAS, CONSENT AGENDAS, MONTHLY REPORT&Completed Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingsAugust 2014181 2.141Parking Prj update
Aug2014.docx
NE 1St Street & NE 1St Avenue Parking Lot and Sidewalk Connector Project
July 1St - August 8th Progress Update
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CRA BOARD MEETING OF' August 12, 2014
Consent Agenda I x ( Old Business ( I New ( ( Legal ( Other
Report y Lyman Reynolds on e Status of the Lisa Bright vs. CRA Case
THERE IS NO BACKUP MATERIAL FOR THIS ITEM.
TaAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board
MeetingslAugust 201418.12.141Lyman Renolds report-No Backup.doc
I
= BEACH--[[ , ii��,,CRA
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CRA BOARD MEETING OF* Au 12, 2014
Consent Agenda IX I Old Business New Business I Legal Information Omy
SUBJECT: Consideration of Action on the RFPIRFQ for Ocean Breeze East Site
SUMMARY Due to a ambiguity in the language concerning process, Staff is requesting direction
from the Board on how to proceed.
FISCAL IMPACT: NIA
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment
Plan
RECOMMENDATIONSIOPTIONS: Provide direction to staff.
lei
14 4 1 �
V106-1f. Brooks
Executive Director
00374e4o -i T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2013 - 2014
Board MeetingslAugust 201418.12.141Ocean Breeze 1.doc
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1 WON
CRA BOARD MEETING OF: August 12, 2014 — TABLED on July 8, 2014
Consent Agenda I I Old Business �X I New Business � ( Legal I I Information Only
SUBJECT: Consideration of Safety Assessment Services Proposal and Contract for Ken
Stapleton & Associates for Safety Assessment Services in the Amount of $19,000
SUMMARY The redevelopment of downtown Boynton Beach is named as one of the top five
goals of the City's recently adopted Strategic Plan. However, public perception about downtown may
prevent investment from businesses and residents due to concerns about safety whether perceived or
real. This was revealed in the City's Economic Development Manager's recent survey of stakeholders
who expressed continued concern about safety of the area.
it Is, ii portant t0 . - A — taiid aS a puviii; entity h ow ii investment community views downtown Boynton
Beach relative to other coastal communities and why we are viewed this way to help guide the
Agency's funding decisions.
Deliverables of the Safety Assessment include:
• Preliminary assessment of the physical environment including day and night time visits,
weekday and weekends including important travel paths and parking areas
• Evaluation of current Safety Perception Measurements and initial assessments of perceptions
of key groups
• Evaluation of other progress metrics related to safety including crime statistics and maps,
community policing efforts and pedestrian counts
• An invite -only presentation for key stakeholders and staff regarding importance of
real /perceived safety and our innovative Safedesign approach and strategies.
• A preliminary Safedesign review of current plans for the TOD district, including day and night
site visits, review of any drawings and descriptions, meetings with the project planning team,
and preliminary guidance about the next steps.
FISCAL IMPACT: $19,000 from line item 01- 51420 -200
CRA PLAN, PROGRAM OR PROJECT Downtown Vision and Master Plan and the Heart
of Boynton Community Redevelopment Plan
RECOMMENDATIONS /OPTIONS Approve the proposal and contract for Ken Stapleton &
Associates to perform the Safety Assessment Services in the amount of $19,000.
4 vVin �Br . ook
Executive Director
T'`,AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board
MeetingslAugust 201418.12.141Safety Assessment.doc
1
Ken Stapleton
& Associates
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The !2yflI2fl_ftAgh_OA
Background
Prosperous downtowns and surrounding urban neighborhoods bring enormous vibrancy to cities. Their energy
and visitors help create additional retail buying, job creation, educational and entrepreneurial opportunities,
residential and hotel demand, business and talent attraction/ retention, tax revenues, and "place brand"
enhancements. Because of these impacts, cities throughout North America have worked hard to revitalize or
enhance their downtown areas.
But for many if not most downtowns in North America, negative perceptions about safety have persisted even
after actual crime rates have drop significantly from their peak in the early 1990's. This has slowed progress,
and many civic leaders and downtown businesses lament continued negative media coverage of crime incidents,
panhandling, and homeless camping. These leaders recognize several important market realities:
1. Safety is a threshold issue for potential downtown visitors, residents, and employees and different
target markets have different requirements for acceptable safety levels. The best downtowns recognize
these differences and pay special attention to women because they typically have higher requirements
for safety than their male counterparts — and because they make most retail /entertainment purchase
decisions. Successful downtowns also recognize that perceptions are just as important as real safety.
2. Vibrant downtowns require people to be out of the safety of their cars for extended periods. People -
watching is the glue that holds downtowns together, and the best people- watching involves a variety of
people from all backgrounds, at all times of the day or night. Accordingly, the best downtowns pay
careful attention to the complete travel path of their customers from the time they reach downtown
until they leave downtown, and particularly after they park their cars and walk around after dark.
3. Competition for entertainment and retail spending is fierce. Suburban Lifestyle Centers are the latest
competitors, but even traditional malls are changing formats to attract local and regional customers
with new food and entertainment format tenants.
4. Downtowns have unique challenges because there is more than one property owner. Unlike the malls
and suburban lifestyle centers, places like the Downtown Boynton Beach cannot easily control tenant
mix, common area maintenance charges, coordinated security, or careful marketing and public relations
for the entire area. Even more complex is the fact that the spaces between tenants are public and it is
more difficult to control who can be there, and to manage what kinds of behaviors, environment, and
operating procedures are acceptable. The best Downtowns have developed a variety of creative
strategies and solutions to overcome these competitive disadvantages.
_... � ................_. mm.. .._.._.._...................... -� �m _.._m_.. � _....._ _ .�_............._._
Ken Stapleton & Associates Boynton B each CRA .safety Serv ices Chi, iffillw*%
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Boynton Beach has made strong progress in recent years to
attract investment and improve duality of life in and around the
downtown area. A number of significant private projects have >>
been completed and more are planned or underway. Significant` E ,
improvements to the public realm have resulted in a series of
quality public spaces. The Boynton Beach CRA also recently
received an award from the Florida Redevelopment Association ��� _°� � k
for its work on "The Little House" project. As a result of all these��"
efforts, Tax Increment revenues are once again increasing and
providing needed resources to accelerate revitalization.._
At the same time, a number of stakeholders have expressed {
continued concern about real and perceived safety and its impact
on both duality of life and the ability to attract investors and
customers. This was most recently highlighted by survey results
regarding the economic development conditions and strategies in the area. Such concerns are very important
given the "threshold" nature of safety to place brand development and place avoidance behavior.
Fundamentally, this means that people will not visit or emotionally connect in positive ways with places they
feel are not safe enough. Of course this threshold level varies for different groups of people, and it is not yet
clear whether strategic groups consider Downtown Boynton Beach CRA safe enough.
These general concerns and survey results, however, do not provide clear enough insights about safety,
perceptions, and place avoidance behaviors to allow for strategic actions and investments. There is still a need
for more accurate insights about the following questions
Are safety perceptions keeping important potential customers and residents away from downtown?
'.• Does the realtor community think safety is an issue? (and what do they tell their clients ?)
Are business and community leaders making the connection between safety perceptions and
reinvestment?
Are various sub - districts being designed /developed with real and perceived safety as a top priority?
What is the real nature of the Boynton Beach Place -Brand for business and development investors?
Accordingly, the Boynton Beach CRA wants to avoid using anecdotal evidence or the personal opinions of a few
to guide policies and investments. They understand this will lead to poor insights about safety and ineffective
strategies for change. For safety in particular, poor perception survey design and analysis complicates an
already complex psychological issue. A thorough and systematic assessment is needed to help guide strategy,
policy, financial investments, marketing initiatives, and urban design detalls, among otherthings.
Given this need to improve insights and strategies related to real and perceived safety in support of economic
development and prosperity initiatives, several initial efforts are needed:
Preliminary assessment of the physical environment, including: day and night -time visits weekday and
weekend; identification of important travel paths and their current features impacting perceptions and
safety; and a general review of current and planned public parking facilities /programs.
Evaluation of current Safety Perception Measurements, and initial assessments of perceptions of key
groups. This will include: a review and evaluation of past surveys from the City or others that provide
insights about safety perceptions and place avoidance behaviors; a series of one -on -one interviews with
variou stakeholder regarding safety concerns and solutions; a focus group of realtors to gain more in-
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Stapleton Associates Boynton e�ec CPA Soey Se
Copyright ,2014
depth understanding about their safety concerns; and recommendations about whether additional
surveys and focus groups are warranted.
Evaluation of other Progress Metrics rebated to safety, including: crime statistics and maps, community
policing efforts; pedestrian counts; and other related measures.
An invite -only presentation for key stakeholders and staff regarding importance of real /perceived safety
and our innovative Safedesign' approach and strategies.
k A preliminary Safedesign'M review of current plans for the TOD District, including: day and night site
visits, review of any drawings and descriptions, meetings with the project planning team, and
preliminary guidance about next steps.
These initial steps will help to clarify the true extent of current concerns about real and perceived safety, will
begin to educate stakeholders and staff about ways to integrate safety, will suggest initial steps to address
current concerns, and will identify whether more detailed analysis and strategic planning are really needed.
unique Our
We are economic development and urban revitalization professionals. Our expertise in urban areas provides an
intimate understanding of urban economic development challenges and strategies and how to link them directly
with brand enhancement and repositioning strategies, including the safety aspects of place - brands.
With over 30 years of community and economic development experience, including over 20 years managing
progressive safety initiatives with a special focus on perceptions, we are uniquely qualified to help the Boynton
Beach CRA create new prosperity by innovatively addressing real and perceived safety. Ken Stapleton,
President, will provide all of the services, including all assessments of past surveys, stakeholder interviews,
physical environment scans, and recommendations about priority next steps.
Ken has provided community safety training to State and local governments, local /state /national non - profits,
regional planning groups, universities, and professional associations like the Urban Land Institute, International
CPTED Association, and American Planning Association. He holds Crime Prevention Through Environmental
Design (CPTED) certificates from both NCPI and the Florida Crime Prevention Institute and has completed
5afedesign and CPTED reviews of over 100 projects and neighborhood plans in Florida, Ohio, Kentucky, Illinois,
and Georgia. As an urban revitalization executive, Ken has also designed and implemented a variety of
successful safety programs and initiatives including work with homeless, ambassadors, public art, wayfinding,
streetscaping, landlord /tenant issues, marketing programs, and design guidelines that were all specifically and
intentionally developed to address both real and perceived safety.
Investments Ken has helped attract include billions of dollars for the neighborhoods and downtowns where he
served. His work has included serving as a project manager for the Miami Beach Safe Neighborhoods program,
Executive Director of the Hollywood CRA, Senior Vice President for Planning Safety and Design at the Downtown
Cleveland Alliance, the first professional planner for the City of Palm Beach Gardens, Executive Director with
Akron's University Park Alliance, and Senior Economic Development Advisor at the University of Akron's Office
of the President. Ken was also responsible for strategic communications and fundraising initiatives related to
safety in multiple settings in Florida and Ohio, and he helped substantially improve media coverage regarding
safety in Cleveland, Akron, and Hollywood. For more details about Ken's experience, training, and successes,
please see Appendix A.
Ken Stapleton & Associates Boynton S each CRA SOfety Services
Copyright 20.14
Our Safedesign' approach has been developed throughout 20 years of working directly with economic and
downtown development initiatives, including strong partnerships with police, private security, urban designers,
citizen groups, students, engineers, and others. Safedesign' is a comprehensive approach that uses
improvements to the physical environment, programs /patrols, and strategic communications. The fundamental
strength and uniqueness of our approach stems from a purposeful focus on BOTH real and perceived safety in
ways that measurably improve community engagement, social capital, cohesiveness, sustainability, community
health, Economic development, and private investment. This 51's System" differs from most community safety
approaches as follows:
intentional— we avoid the "if you build new they will feel safer" paradox by directly connecting each of
our detailed recommendations to a proven crime prevention approach, not just generalized "eyes on
the street" or "better lighting" concepts found in most plans.
integrated — our cost- effective "More Than Just Polices' approach helps clients utilize many other
existing resources and programs in their efforts to improve real and perceived safety.
innovative — because our work combines CPTED, urban design, program management, real estate
master planning, social capital development, perception metrics, disorder crime management, and
strategic communications at every step, our solutions go far beyond others that focus almost exclusively
on technology, patrols, and target hardening. Innovative concepts include Safety Thresholds, Total
Travel Path"" Analyses, positive - indirect messaging, and Informal Social Interaction enhancements to
change fundamental dynamics and accelerate progress.
'A impactful — we focus on impacts and measure real progress, not just efforts (eg. pounds of trash picked
up) or generalized crime statistics.
investors — the communities we serve need new investors — from homeowners to small businesses to
developers. We provide solutions to improve investor confidence replacing investor fears about safety
and place avoidance by potential customers and employees.
Finally, while we recognize the value of valiant efforts to improve safety, we maintain a laser focus on
measurable Impacts. Once carefully implemented over the initial 3 -year phase, our system of improvements to
physical environment, programs /patrols, and strategic communications will result in a number of measurable
benefits. These include:
improved safety perceptions (both residents and potential visitors /customers),
reduced crime rates,
increased property values,
increased pedestrian counts,
reduced policing and private security costs,
y` increased sales, property, and income tax revenues, and
increased private development and business investment.
Sample past successes include the following:
Downtown Hollywood - Anniversary Park was transformed using the Safedesign`m approach. it changed
from a drunk/addict space to a family space and has remained that way for over 20 years. we used
.. ._._....�.,..�..� .............. ........... ........................
Ken Stapleton & Associates Boynton Beach CRA .safety Se fces
'opyr� ht 2 n{ �
physical design changes, special events for children, community donations and participation in the
rebuilding, and careful communications to create lasting positive impacts beyond the park site.
Downtown Cleveland — strategic communications, police training partnerships, and non - police
interventions reduced panhandling by over 80% in targeted areas and improved perceptions that led to
major reinvestment along Euclid Avenue and near the Gateway sports complex.
Downtown Cleveland — careful design review, design guidelines, physical improvements, and
communications strategies helped substantially improve real and perceived safety related to housing in
the Warehouse, Theater, and Gateway districts, leading to major investments in new housing and
hotels, with over 2000 rooms /units constructed over 5 years.
South (Beach — a series of physical improvements to Lincoln Road improved perceptions and decreased
panhandling, providing the beginning of the resurgence.
University Park Akron — a comprehensive group of activities including events, public art, physical
improvements, GIS crime analysis, homeless outreach, regular focus groups, careful place -brand
development, Safedesign' project reviews, streetlight monitoring, and university police partnerships
substantially improved safety perceptions and attracted major reinvestment in housing and retail.
Property values rose 15% in 4 years while the rest of the City remained stagnant.
As mentioned above, our approach focuses on how various "investors" respond to the place brand, with the
ultimate goal of improving investor confidence to a level that results in the commitment of time, resources,
energy, and endorsement of and in Boynton Beach. Investors include homeowners, small business people, teal
estate developers and commercial property owners, state and federal governments, foundations, non - profit
groups, institutions, and more. Less directly, we also evaluate key transient consumer groups like shoppers,
renters, and visitors because of their importance to business and property investors.
We also use a Master Developer perspective as we evaluate opportunities and develop strategies.
Fundamentally, we imagine how to maximize value and prosperity for the entire downtown or district by
thinking of it as a single development controlled by one developer. Most places in Florida were actually created
this way by visionary developers who thought about the fundamental character of the community, the positive
natural features, the defining entrances, the vistas created by streets and waterways, real and perceived safety,
and of course the best way to maximize value and profits. Our modern models are places like PGA National,
Stapleton in Denver, Disney's Celebration, and Crocker Park near Cleveland. All these places have carefully
developed and managed place brands, and older communities can learn much from them.
K en Staple Associates Boynton Beach CRS Safety Services �
Copyriql
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ach
While we carefully customize our approach for each community, a careful sequence of activities provides the
best results. Typically, this involves a number of distinct efforts as follows:
1. Assessment phase — In addition to review of past studies, plans, crime statistics, media coverage, past
CPTED reviews, and a wide variety of program descriptions or progress reports, this work typically
includes an evaluation of physical conditions (level of detail varies), interviews of key stakeholders,
community meetings, and reviews of media coverage and marketing plans, among other items. More
detailed assessments of physical environments, focus groups, or crime statistics are provided as extra
services depending on the exact nature of the current conditions and project goals. We begin this phase
with a kickoff meeting with client staff members.
2. Educational hase — Because our approach is designed in part to change people's perspective about
addressing real and perceived safety, there is often a need to convey new concepts and techniques in
the form of public training sessions, facilitated discussions with leadership, field training exercises, and
even feedback loops. Such sessions are customized to each client /situation, and can vary from a 20
minute PowerPoint presentation to multi -day training sessions.
3. Recommendations phase — Given the comprehensive nature of our approach, our recommendations
can be quite extensive and often take the form of an action plan. The level of detail for each plan will
vary depending on the needs of the client and the specifics of our assignment.
4. Guidance and monitoring phase — Many of our recommendations require new ways of thinking and
managing real and perceived safety. As staff members work to implement these concepts, it often helps
to have additional guidance available in the form of regular tails /meetings or in the form of regular
monitoring of progress.
Given our understanding of current conditions and client requirements, we are proposing an initial engagement
with Boynton Beach CRA that includes a general assessment as follows:
w�� Review of an extensive array of background materials and statistics (see detailed list in Appendix B).
Our goal here is to better understand the shared community vision, market dynamics related to safety,
current efforts to measure and manage real and perceived safety, and current efforts that may be
inadvertently or unintentionally impacting safety perceptions.
A series of key stakeholder andstaff interviews about both real and perceived safety issues and current
efforts by various partners (see list in Appendix C) At least 20 interviews.
A 1 -hour invitation -only presentation for up to 25 people highlighting:
• the connection between safety perceptions and investor /customer place avoidance
• key metrics for managing real and perceived safety
• fundamentals of the Safedesign' approach
One initial focus group to better assess existing perceptions of realtors or a client - selected group. This
will help provide insights that survey instruments cannot, as we carefully navigate the challenges of
people admitting fear and place- avoidance behaviors. The group will contain only women because
. ................... ____ ....................... r ... m.
Ken S tap l eton & Associates B oynton Be CRA Safety services
Co . 2014 �� iF
women make the vast majority of purchase and place decisions, and because — as a group - they almost
always have a higher safety threshold than men.
A general scan of environmental conditions throughout the downtown. This will include both daytime
and late night visits, identification of both positive features and trouble spots, and general guidance
about needed improvements or additional community safety audits.
A preliminary Safedesign' review of the available TOD District plans or draft documents — with initial
feedback presented to the design /planning team;
f � 'i A minimum of 5 meetings with BBCRA staff as we develop and refine our recommendations;
Draft and final reports highlighting opportunities to improve programs /projects and ROI related to real
and perceived safety, improved metrics for perceptions, recommended additional assessments, and
immediate next steps; and
One public presentation to the BBCRA Board or another client- selected group regarding our findings and
recommendations.
Deliverables
Stakeholder interviews feedback report
Focus group report
Training presentation and handouts
Assessment report and recommendations (draft and final)
Public presentation of our findings and recommendations
For clarity, it is important to note that this phase of work will not include these optional services:
In -depth Safedesign training for staff, designers, and community members (4 —20 hours)
Participation in any public community feedback meetings, discussions, or safety audits
Detailed recommendations about perception surveys (general suggestions will be included)
Detailed evaluation and recommendations about current or proposed programs
Detailed communications recommendations (general suggestions will be included)
Full assessment of place -brand and development of repositioning strategies
Strategic update of 2009 Downtown Vision and Master Plan
Total Travel Path' Analyses (key pathways will be identified and general suggestions made)
& Detailed recommendations about design guidelines, lighting standards, clean /safe operations, or
homeless /panhandling solutions. (general suggestions will be included)
Community Safety Audits facilitation
Strategic Communications for Safety Pla n — including crisis communications plan
si Detailed Safedesign'"° reviews of specific projects (public or private) (e.g. Town Square plan)
-t A comprehensive Safedesign' Action Plan.
Ongoing monitoring, progress assessments, and guidance.
Fees for any optional services depend on the scope of work, and the timing for completion.
.- ....__ ....... _ . � ..........._.. -.
Ken Stapleton too Associates Boynton Beach CRA Safety Sei ices
Copyrip 20 4 111 "' �,
C lient s �contract
e Provfor sery ices that attaches this proposal. Contracting entity is Safedesign Institute dba
Ken Stapleton & Associates.
Provide background materials, reports, and other information in a timely manner.
Recruit interview, presentation, and focus group participants and manage all logistics of those meetings,
Including video recording equipment for the focus group.
Provide location and audio visual equipment for the 1 -hour training presentation.
Provide feedback on draft reports in a timely manner.
Provide timely notification of meetings scheduled.
Schedule and Fees
Work will start upon execution of a contract and will be concluded by September 30, 2014 as long as
background information and meeting logistics are provided in a timely manner by the client. A project kick -off
meeting will be held within 10 business days of contract execution, and the exact schedule of other tasks will be
determined at that meeting.
A lump sum fee for services of $19,000 will be payable as follows:
$3,000 at time of kick off meeting,
$5,000 upon receipt of the Stakeholder and Focus group reports, and
$5,000 upon receipt of the draft Assessment report,
$1,000 upon completion of the training session, and
$5,000 upon acceptance of the final report and completion of the public presentation.
No travel or indirect costs will be billed for this project. Any costs for required additional insurance coverage will
be billed to the client without markup. Any costs for GIS crime mapping subconsultant will be billed to the client
along with a 10% administrative fee.
The initial payment of $3,000 is payable the day of the kick off meeting. Other payments are due within 30 days
of invoice. Payments beyond the 30 day period will include a 5% late fee. Payments later than 60 days will
include a 20% late fee.
This proposal is valid through July 8, 2014.
t `n, President June 4, 2014
Ken =aple
Ken Stapleton Associates B oynton Sea A Safety y e ices 0' � o r fit I ,,, I � f
Ken Stapleton
& Associates
Appendix - Qualifications
Pres Ken Stapleton,
With over 29 years of urban revitalization and economic development experience, Ken most recently served as
Senior Economic Development Advisor and Executive Director of the award - winning University Park Alliance for
The University of Akron (UA). Reporting directly to University President Luis M. Proenza, Ken was responsible
for the revitalization of the neighborhoods surrounding this prominent urban university. He also provided
strategic guidance for UA's local and regional economic development initiatives, and helped attract over $15
million in grants for UPA and UA initiatives.
Previously, Ken served as Senior Vice President of the Downtown Cleveland Partnership (DCP) where he initiated
and led their efforts to revitalize lower Euclid Avenue, Cleveland's Main Street, resulting in over $400 million in
real estate investment in only six years. Ken's other projects at DCP included management of DCP's advocacy
efforts on over $1 billion in major infrastructure projects, and management of all safety initiatives.
Prior to his tenure in Cleveland, Ken worked as a redevelopment expert in several South Florida cities, including
work in Downtown Miami and South Beach. He is also an expert in urban safety programs and holds a master's
degree in Urban and Regional Planning from the University of Illinois.
Other recent engagements have included:
a& Creating a Clean and Safe Action Plan to address real and perceived safety for the Riviera Beach CRA;
J Leading a technical advisory team to provide guidance for the Duluth Creative Corridor;
Assisting with a strategic action plan for the Near East Neighborhood in Columbus, Ohio;
Providing guidance for the development of the UniversityCity Alliance, a partnership between Florida
International University(FIU), the City of Sweetwater, and others. The group is working to transform the
areas surrounding FIU's main campus into Miami's next urban revitalization success story;
Leading a team project in Macon, Georgia, to help reorganize and reposition the College Hill Corridor
initiative. The CHC was able to use the team's business plan to attract an additional $5 million grant to
support the effort and attracted two new development projects within a year of the team's report; and
Providing recommendations about anchor institution partnerships to the Ohio Board of Regents.
Ken is a 2004 University of Miami Fellow of the Knight Program in Community Building, a member of the Urban
Land Institute, a member of the International CPTED Association, and a graduate of Leadership Akron Class XX.
He has served on the boards of the Downtown Akron Partnership, Rebuilding Together of Summit County, and a
number of other urban revitalization non - profits.
_.._ __ ... _ ... _ ......................... _. ... _ .................... _...._ .__ ... _ ... _...................... .
Ken Stapleton & Associates Boynton Beach CA S Se ices -
Co r o
Relevan Pas Clients and Prniprt
Riviera Beach CRA Florida International University
Clean & Safe Action Plan
Columbus Near East Initiative (PACT)
Mercer University
Downtown Cleveland Housing Initiatives
The College Hill Corridor Commission
Spicer Village Townhomes, Akron
Lincoln Road Development Corporation
City of Miami Beach
Cleveland Neighborhood Development Coalition
Health Line BRT, Cleveland
The University of Akron /University Park Alliance
Cleveland Wayfinding Signage Program
DDA Miami
Safe Neighborhoods Plans — Miami Beach
Euclid Avenue Revitalization initiative,
Downtown Cleveland City of Sweetwater, Florida
Ohio Board of Regents University of Miami
Florida Crime Prevention Institute Duluth Creative Corridor
R R elevant Serv
.
BOMA Cleveland Safety Task Force Mayor's Streetscape Advisory Committee — Cleveland
University of Akron Safety Task Force and Clery Act Subcommittee
Downtown Cleveland Partnership Safety Committee Cleveland Public Square Advisory Group
Brooklyn Centre Safe Neighborhoods Steering Committee Downtown Akron Partnership Board
Relevant Publ ication s
Contributor— Safety Section — The language of Towns and Cities D hiruThadani, editor. 2010.
"Safe Main Streets, a More Than Just Police Approach" in Disco ver Downtown: Ra rence i Down t
Revitalization Downtown Ohio, Inc.
"Social Capital Theory and the Metropolitan University: Reframing Ideas about Neighborhood Interactions" with
Gregory K. Plagens in Metrovoliton U niversities ! rn 1 . Vol 21 No. 3. July 2011.
- ......... �....... is
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KENNETH C. STAPLETON
2555 Collins Avenue, #1406
Miami Beach, FL 331
216.849.6494 - KenStap1eton2012@grnai1.com
EXPERIENCE
Urban Revitalization Consultant 1955 P resent
Provide variety of strategic planning, real estate, sustainability, policy research, fundraising, urban
safety, and organizational development consulting services to redevelopment agencies, universities, non-
profits, and governments such as Florida International University, Riviera Beach CRA, Mercer
University,, Kent State University, City of Miami Beach, & Centre City McMurray.
Regular training presentations at national and regional professional development conferences and
seminars — Urban Land Institute, Florida Redevelopment Assoc., Florida APA, UEDA, Coalition of
Urban Serving Universities, and International Economic Development Council.
Senior Economic Development AdviVr
Executive erector, U 've i Par ce. io Feb 2003 -lung 201
Office of the President, The University of Alcron
Reported directly to University President Luis M. Proenza, providing expertise for the
University's real estate, sustainability, and economic development initiatives.
Accomplishments included:
Expanding community partnerships in the Alliance to include: Greater Akron Chamber, City of
Akron, several Health Systems, the Akron Beacon journal, and Akron Public Schools.
Attracting and managing more than $13 million in national and local funding for these land use
and revitalization development initiatives, including over $500,000 for parks.
Representing the University of Akron in National, State, and Regional Economic Development and
Urban Policy coalitions, including work in Washington, D.C.
Leading a parks improvement initiative in partnership with the City, Schools, and University
students and staff, including a comprehensive analysis and improvements plan for the neighborhood,
specific improvements to several parks, and expert advice regarding safety.
Leading highly - successful revitalization efforts for mixed -use neighborhoods in a 50 -block area
surrounding the University, including managing multi - disciplinary teams composed of
members from multiple organizations and governments.
Developing and managing major marketing and Public Relations initiatives that resulted in extensive
positive media coverage throughout Ohio and the United States.
'en Stapleton & Assoclotes Boynton Beach CRS Safety Services
Copyright -
Kenn . Sfailleton nn e
Senior Vice President- Downtown Cleveland Partnersbi - 1995-2003
■ Leadership of planning, public realm, and real estate development efforts, including management
of multi- disciplinary consultant teams. Served as organizational spokesperson for transit,
housing, and safety initiatives and actively participated in media management efforts. Point
person for multiple parks and open space initiatives.
■ Supervised creation and implementation of district revitalization strategic plan that resulted in
over $400 million of investment within 6 years; investment now exceeds $2 billion, including
the Health Line BRT and related TOD projects.
■ Secured & directed the strategic investment of $500,000+ in grants & funding for economic and
real estate development projects that leveraged over $30 million of private investment in Iess
than 2 years.
Executive Director Brooklyn Cerntye 2 -1994
■ Managed community -based non -profit in one of Cleveland's most historic and challenged neighborhoods.
Coordinated LIWOHistoric tax credits housing project involvement, created special safety plan,
improved marketing and events efforts, and strengthened partnerships with several churches and other
non -profit organizations.
Executive Director it od Florida — RA 1990-1991
■ Managed major downtown revitalization program, including site acquisition and disposition, innovative
marketing and arts /culture programs, and the transformation of a ' "nuisance" urban park into a
major downtown asset — with only $20,000 in cash.
Urban Land Use Plan rnirn Fit xi a 1983-198
West Palm Beach, Palm Beach Gardens, Miami Beach
■ Provided professional guidance on variety of land use issues and projects, including environmental
impacts, open space development, and waterfront development issues. Managed public
discussion and approval processes for major development projects.
EDUCATION
■ Knight Fellow in Community BuiIdin& University of Miami, Class of 2004
a Master's of Urban Planning, University of Illinois at Urbana — Champaign.
■ Bachelor of Arts - Biology, Magna Cum Laude, Thomas More College, KY,
AF
• Full Member, The Urban Land Institute - Sustainabiiity Committee SE Florida
• Member, International CPTED Association
• Member, International Downtown Association
• Member, Florida Redevelopment Association
Ken Stapleton & _
Associates _ ________ Boynton Beach eA di S_qfetyService s
Copyright ht , 2014
Ken Stapleton
L f} Assodates
Append ri Revi ewed
(Note: This is an initial list. Other information e requested s our assessment proceeds)
Consumer survey results for past three years (access to raw data is requested so we can evaluate
additional crass - tabs). if possible, this should also include student /parent feedback about downtown
from various higher education partners. Also, any consumersurveys related to downtown parking and
transit facilities.
a Overall redevelopment and economic development plans and programs
Part 1 crime statistics for the district /downtown for the last 5 years
GIS /Pin maps of Part 1 crimes by quarter for the last 2 years (if available)
Program descriptions of any current or planned public security camera systems, including locations
Program descriptions, evaluation reports, and management details for any Clean and Safe programs
Previous reports related to homeless and panhandling, including current Continuum of Care plans
Plans and market studies related to public parking
Latest ava1lable studies for retail, office, housing
Current design guidelines, land use regulations, and design review procedures
Current minimum lighting and landscaping standards for various uses and locations within downtown
Downtown media coverage records /stories for the past 15 months (both crime and non - crime)
Current marketing plans, including descriptions of planned and past events
Pedestrian count reports for the past 5 years
Current regulations governing panhandling, camping, and drinking in public places
Current programs and regulations related to street vendors
Plans for any new wayfinding signs, banners, or street name signs
Program descriptions for any district hospitality management efforts related to late -night bars
Plans for other public realm improvements like public art, planters, benches, bus shelters, etc.
Other progress metrics currently in use
Site plans and elevations for any new private developments
e Any CPTEb reviews /reports in the last 3 years
any`
..n._...................
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C2mmunity&overnment
B usiness owners
Residents
Police chlef and o fficers 3
Planning director
Developers
Private security managers
h rnberof Co rn m�erce Exec, 1
°isitors Bureau Exec, 1
6tV PR !cation 1
Events secur manager
C ity ED Director 1
Parking Director
Residential Property ev/Owners R
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Executive Director 1
B usiness Development
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Asst. Director 1
Marketing
Board Chair
B oard em er �
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Real Estate Brokers — Retail/Housin
Suburban women — upper income
Medical employees —women
Ken st ,,t�r
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Ken Stapleton
C lient/P rofessi onal
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Primary Contact: D Michael Bloom, Associate Vice President
Kent State University
(216) 225 -3528
mbloomllftent,edu
r i t !g!tyI
Primary Contact. Tom Gustafson
Florida International University
(954) 661 -7848
Thcsmt�cr,
Riviera Beach CRA
P rimary - Annetta Jenkins
(305) 284 -4019
aki��
IVIJB Cons
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P rimary Mike Berne
(917) 816-8367
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Ken Sta & Associotes Boynton Beach CRA Safety Se ices
LIN 'opyr°i 14
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into between Ken Stapleton & Associates hereinafter
referred to as "Ken Stapleton" and the Boynton Beach Community Redevelopment Agency,
a municipal corporation, hereinafter referred to as "CRA," whose address is 710 N. Federal
Highway, Boynton Beach, Florida 33435.
WHEREAS, the CRA is in need of professional services to provide Safety Assessment Services
hereinafter referred to as "Safety Assessment".
WHEREAS, Ken Stapleton has the unique knowledge and ability to provide the Safety
Assessment Services as outlined in the Safety Assessment Services Proposal attached hereto
as Exhibit "A".
THEREFORE, and in consideration of the mutual covenants and promises set forth herein, the
parties to this mutual understanding do hereby agree as follows:
1. The CRA shall not be responsible for any property damage or personal injury sustained by
Ken Stapleton from any cause whatsoever, prior, during or subsequent to the period of
time during which this mutual understanding is in effect. Ken Stapleton hereby waives
discharges and releases the CRA, its agents and employees from liability for the negligent
acts of CRA or its employees and agents.
2. Ken Stapleton shall indemnify, save and hold harmless the GRA, its agents and
employees from any claim, demand, suit, loss, cost of, expense or damage which may be
asserted, claimed or recovered against or from CRA or CA's agents or employees, by
reason of any damage to property or person, including death, sustained by any person
whomsoever, which damage is incidental to, occurs as a result of, or arises out of the
negligent or wrongful act(s) of Ken Stapleton.
3. Ken Stapleton shall not subcontract or transfer this understanding to any individual, group,
agency, government, non-profit or profit corporation.
4. Ken Stapleton shall obtain all insurance required by the CRA and include, along with the
executed agreement, a Certificate of Insurance of at least $1,000,000 liability limits. The
CRA is to be included as "Additional Insured" with respect to liability arising out of services
performed by Ken Stapleton by or on behalf of the CRA or acts or omissions of Ken
Stapleton in connection with such services. The insurance must remain in force
throughout the term of this Agreement.
5. Ken Stapleton shall not discriminate against any person on the basis of race, color,
religion, ancestry, national origin, age, sex, martial status, sexual orientation or disability in
its hiring or contracting practices for any reason associated with this Agreement.
6. This Agreement alone sets forth all the covenants, promises, mutual understandings,
conditions and understandings between the parties hereto. There are no covenants,
promises, mutual understandings, conditions or understandings, either oral or written
between the parties other than those herein set forth. No Agreement shall be binding
upon the parties unless and until it is reduced to writing and signed by both Ken Stapleton
and the CRA.
7. If any term or provision of this Agreement shall, to any extent, be deemed
invalid or unenforceable, the remainder of this Agreement shall be valid and
shall be enforced to the fullest extent oft the law.
8. Ken Stapleton will be paid as follows:
a. $3,000 at the time of the kick -off meeting
b. $5,000 upon receipt of the Stakeholder and Focus group reports
c. $5,000 upon receipt of the draft Assessment report
d. $1 ,000 upon completion of the training session
e. $5,000 upon acceptance of the final report and completion of the public
presentation
9. Ken Stapleton agrees nothing contained in the Agreement shall be deemed or construed
as creating a partnership, joint venture, or employee relationship. Ken Stapleton is acting
as an independent contractor. Ken Stapleton attests that he/she possesses a current
personal accident/health insurance policy. Ken Stapleton agrees that photographs and /or
video taken are the property of the CRA and could be used in promotional material.
10. The CRA is public agency subject to Chapter 119, Florida Statutes. Ken Stapleton shall
complywith Florida's Public Records Law. Specifically, Ken Stapleton 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 Ken Stapleton upon termination of the
Agreement 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.
The failure of Ken Stapleton to comply with the provisions set forth in this Agreement shall
constitute a default and breach of this Agreement. If Ken Stapleton fails to cure the default
within seven (7) days' notice from the CRA, the CRA may terminate the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year written below.
Signed and agreed on this the day of 2014.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
....,r....._ ............. .
Gerald Taylor, Chair
KEN
ST TI & ASSOCIATES
Ken Stapleton, President
k o
A
BOYNTON
CRA BOARD MEETING OF: August 12, 2014
si ess J Legal ( I Executive Director's Re art
SUBJECT: Consideration of Purchase Agreement between Nathaniel Robinson and the CRA for the
Property Located at 517 NE I" Street (Cottage District).
SUMMARY: Nathaniel Robinson is the owner and occupant of 517 NE I" Street. This property is
of interest to the CRA due to its location. This particular property is in proximity to properties already
owned by the CRA and their importance to assemblage for future single - family development to be
known as "The Cottage District ". See attached map for property location.
An appraisal on the property was obtained on February 5, 2014 and is attached. The appraised value is
562,000. Based on the appraisal and discussions with the owner of the property, the CRA has made an
offer of $74,000 for the property or 16% above the appraised value. See attached Purchase Agreement.
In addition, the Seller has requested help with relocation assistance in the amount of $15,000 and
requested to occupy the residence for a maximum of ninety (90) days after closing. See Post Closing
Occupancy Agreement. In the past, the CRA Board has agreed to relocation assistance and post closing
occupancy (Purchase of the Ruth .tones Cottage).
FISCAL IMPACT: $89,000 Budget Line Item #02 -58200 -401
CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan
COENDATIONSIOPTIONS: Approve the Purchase Agreement with Nathaniel
Robinson and the CRA for the Property Located at 517 NE 1S Street (Cottage District) in the amount of
$89,000 ($74,000 - Purchase Price & $15,000- Relocation Assistance).
Vivian L. Broo ks
Executive Director
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Location 517 NE 1ST ST
Municipality BOYNTON BEACH
Parcel No, 08434521290030011
Subdivision
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517 NE 1STST ,
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Address BOYNTON BEACH FLT,
33435 3814
Use Type 0100 - SINGLE FAMILY
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Integra Realty Resources
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Appraisal of Real Property
517 (Northeast 1st Street
Single - Family Property
517 Northeast 1st Street
Boynton Beach, Palm Beach County, Florida 33435
1 .
Prepared For:
Boynton Beach CRA
Effectiwe Date of the Appraisal:
February 5, 2014
Report Format:Ir
Appraisal Report —Standard Format
9888 - Miami/Palm Beach
File Number: 169 - 2014 -0044
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517 Northeast 1St Street
517 Northeast 1st Street
Boynton Beach, Florida
Integra Realty Resources The Douglas Centre Newport Business Center Royal Palm Financial Center
2600 Douglas Road, Suite 801 1324 W Newport Center Dr. 819 S. Federal Hwy, Suite 201
Coral Gables, FL 33143 Deerfield Beach, FL 33442 Stuart, FL 34994
w ww,irr.com (305) 670 -0001 {954} 857 -2100 (772) 463 -4131
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February 20, 2014
Theresa Utterback
Administrative Services Manager
Boynton Beach CRA
710 North Federal Highway
Boynton Beach, FL 33435
SUBJECT: Market Value Appraisal
517 Northeast 1st Street
Boynton Beach, Palm Beach County, Florida 33435
IRR - Miami /Palm Beach File No. 169- 2014 -0044
Dear Ms. Utterback:
Integra Realty Resources — Miami /Palm Beach is pleased to submit the accompanying
appraisal of the referenced property. The purpose of the appraisal is to develop an opinion
of the market value of the fee simple interest in the property. The client for the assignment
is 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, applicable state appraisal regulations, and the appraisal
guidelines of Boynton Beach CRA.
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 Appraise! 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 20, 2014
Page 2
The subject is an existing single family property. The improvements were constructed in
1947, total 1,237 square feet of rentable area, and are in fair condition as of the effective
appraisal date. The site area is 0.23 acres or 10,014 square feet.
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 Conclusion
Appraisal Premise Interest Appraised Date of Value Value Conclusion
MarketVaiue Fee Simple February S, 2014 $62,000
Extraordinary Assumptions and Hypothetical Conditions
Thevalue 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.
Thevalue 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.
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
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
L
Table of Contents
Summary of Salient Facts and Conclusions 1 Valuation 24
General Information 2 Valuation Methodology 24
Identification of Subject 2 Sales Comparison Approach 25
Current Ownership and Sales History 2 Value Indication 29
Purpose of the Appraisal 2 Reconciliation and Conclusion of Value 30
Definition of Market Value 2 Exposure and Marketing Times 30
Definition of As Is Market Value 3 Certification 31
Definition of Property Rights Appraised 3 Assumptions and Limiting Conditions 33
Intended Use and User 3
Applicable Requirements 3 Addenda
Report Format 4 A. Appraiser Qualifications
Prior Services 4 B. Comparison of Report Formats
Scope of Work 4 C. Property Information
Economic Analysis 6 D. Engagement Letter
Palm Beach County Area Analysis 6
Surrounding Area 11
Property Analysis 14
Land Description and Analysis 14
Improvements Description and Analysis 16
Real Estate Taxes 21
Highest and Best Use 22
517 Northeast 1st Street Ilrt'
Summary of Salient Facts and Conclusions 1
Summary of Salient Facts, and Conclusions
i
Property Name 517 Northeast 1st Street
Address 517 Northeast 1st Street
Boynton Beach, Palm Beach County, Florida 33435
Owner of Record Nathaniel Robinson
Tax ID 0843-45-21-29-003-0011
Land Area 0.23 acres; 10,014 SF
Gross Building Area 2,051 SF
Rentable Floor Area 1,237 SF
Year Built 1947
Zoning Designation R -2, Residential
Highest and Best Use - As if Vacant Residential use
Highestand Best Use -As improved Continued residential use
Exposu re Ti me; Marketing Period 3 to 6 months; 3 to 6 months
Effective Date of the Appraisal February 5, 2014
Date of the Report February 20, 2014
Property Interest Appra ised Fee Si mple
Market Value Indications
Cost Approach Not Used
Sales Comparison Approach $62,000 ($62,000 /Unit)
Income Capitalization Approach Not Used
Ma r ket Va I ue Concl us i on $62,000 ($ 62,000 /Unit)
The va lues reported above are subject to the defi nitions, assumptions, a nd limiting conditions set forth in the accompa nying report of which this
summary is a pa rt. No pa rty other than Boynton Beach CRA may use or rely on the information, opinions, a nd conciusions contained In the
report, It is assumed that the users of the report have read the entire report, includinga11 of the definitions, assumptions, and limiting
conditions contained therein.
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 follow! ng 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.
517 Northeast 1st Street ®r
General Information 2
General Information
Identification of Subject
The subject is an existing single family property. The improvements were constructed in 1947, total
1,237 square feet of rentable area, and are in fair condition as of the effective appraisal date. The site
area is 0.23 acres or 10,014 square feet. A legal description of the property is in the table below.
Property Identification
Property Name 517 Northeast 1st Street
Address 517 Northeast 1st Street
Boynton Beach, Florida 33435
Tax ID 08- 43- 45 -21 -29 -003 -0011
Legal Description SHEPARD ADD N 100 FT OF LT 1 BLK 3
Census Tract Numbe 61
Current Ownership and Sales History
The owner of record is Nathaniel Robinson. This party acquired the property from Arline Robinson on
August 6, 2004 for a price of $10. The transaction is recorded in OR Book 17545 Page 1697 of the Palm
Beach County public records.
To the best of our knowledge, no 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 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 20, 2014. The appraisal is valid only as of the stated effective date or dates.
Definition of Market Value
Market value is defined as:
"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 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;
r
517 Northeast 1st Street
General Information 3
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(8); also Interagency Appraisal and
Evaluation Guidelines, Federal Register, 75 FR 77449, December 10, 2010, page 77472)
Definition
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 s 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.
Requirements Applicable
This appraisal is intended to conform to the requirements of the following:
• 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;
Interagency Appraisal and Evaluation Guidelines issued December 10, 2010;
Appraisal guidelines of Boynton Beach CRA.
517 Northeast 1st Street I
General Information 4
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 cs
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 Applicability to Subject Use in Assignment
host Approach Applicable Utilized
Sales comparison Approach Applicable Utilized
Income C Approach Applicable Utilized
The sales comparison approach is the most reliable valuation method for the subject due to the
following:
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:
® 517 Northeast 1st Street
General Information
This approach does not reflect the primary analysis undertaken by a typical owner -user.
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 tookto 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 Newstreet, MAI, conducted an interior and exterior inspection of the property on February 5,
2014.
517 Northeast 1st Street ®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 MSA, as defined by the U.S. Office of Management and Budget.
Surrounding Area Map
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Population
Palm Beach County has an estimated 2013 population of 1,353,652, which represents an average
annual 0.84 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 %.
Population Trend
__ .---- Population Compound Aran,
2010 Ce nsus 2013 Est, 2018 Est- 2010-2013 2013 2018
City of Boynton Beach 69,086 70,352 72,863 0.6% 0.7%
Palm Beach County, FL 1,320,134 1,353,652 1,414,824 0.89 0.9
Florida 18,801310 19,356,053 20,322,385 1.0% 1.0%
.......................................................... ...............................
517 Northeast 1st Street tl�
Palm Beach County Area Analysis 7
Looking forward, Palm Beach County's population is projected to increase at a 0.9% annual rate from
2013 -2018, equivalent to the addition of an average of 12,234 residents per year. Palm Beach
County's growth rate is expected to lag that of Florida, which is projected to be 1.0%.
Emp
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.
E mploymen t "tom nds
- - - Total EmployrraerstlY�ar €rrd) l9r�ernpltam�nt
Paint Beach Palm Beach
dear Czzurrty °6 Change 1lssri a 96 harge ivS9tr f Hcsrlda
2067 522,354 7,364,382 6.1% 5.7%
2003 525,201 0.5% 7,453,831 1.2% 5.7% 5.3%
2004 546,324 4,0% 7,726,652 3.7% 51% 4,6%
2005 566,649 3.7% 7,990,613 3.4;6 4.2% 3.846
2006 578,835 2.2% 8,126,237 1.7% 3.6% 3.3%
2007 567,730 -1.9% 8,014,408 -1A% 4.2% 4_0%
200$ 526,983 -7.2% 7,58S,913 -53% 5.5% 63%
2009 500,832 -5.0% 7,209,010 -5.0% 105% 10.4%
2010 500,197 -0,1% 7,260,875 0.7% 11.4% 11.3%
2011 511,718 2.3% 7,364,075 1.4% 10.7% 10.3%
2012" 498,667 -24% 7,307,887 -0.8% 9 -0% 84%
Overall Change 2002.2012 - 23,717 -4.5% - 56,495 -0.8%
Avg Unemp. Ram 2002 -2012 7 _0% 6.7%
Unemployment Rate - November 2013 6-4% 6.3%
"Tara# employment data is as &Septeml er 2012, unemployment rste data reflects the avesa,ge of 12 rriont4ts of 2012. - -
Source: Buresu oflabor5tatistks and Eeonomy.com, Employment figures are from the Quarterly Census of Employment and Wagrt {QCEW).
Unemployment rates are from the Current Population Survey (CPS), The figures are not seasonally 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,
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 6.4% in comparison to a 6.3%
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.
i
517 Northeast 1st Street
Palm Beach County Area Analysis 8
M ajor Employers - Pala Beach County, F
Narne Number of Fm le vees
1 Tenet Health Corpotation 4,500
2 Hospital Corporation of America 3,411
3 Florida Power & Light 3,250
4 The Breakers 2,300
5 OfficeDepot 2,180
6 U.S. Sup r Corporation 1,800
7 Florida Crystals 1,800
8 Boca Raton Resort & Club 1,630
9 AT &T 1,300
10 Pratt& Whitney Rackodyne 850
Source, €rrterprtse i°iorida, ins.
G ross Domestic Produc
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.
Gross Domestic Product
__._...._...._..._......._.. _ ........ ....... _ ................... ........ ...— .. ..... _._.__ .. ... _ ........... _...
l' Iiui l iii
Ye a .r_ .............._ _... P u ra's r 5 .... ............................... ....._ Uni t 5 #a t _____________- - - - ---- a
2004 223,630 12,199,532____
2005 237,627 6.3% 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%
2008 242,771 -23% 13,016,791 -03%
2009 225,797 -5.6% 12,527,057 -3.8%
2010 229,876 1A% 12,918,931 3.1%
2011 231,361 0.6% 13,108,674 1.5%
Compound %Chg (2004 -2011) 0.5% 1.0%
GDP Per Capita 2011 $40,804 $42,070
50UrCC- et9'eaL9 of Economic Anal and fcoronwy coma daat,a o lui mil yyts13 The releasc cf atute and lof aV �50P
dma has a Vssruger lagtVme Own aaat=M data
try
517 Northeast 1st Street
Palm Beach County Area Analysis 9
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.
M edian Household Inco - 2013
Median
Palm Beach County, FL $47,875
Florida $42,662
Comparison of Palm Beach County, FLto Flo +12,2%
So urce: Cia ritas
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.
EducWon & fte - 2013
Percent College Graduate Median Age
$09b _a__m_ �._ Q ,
45'
f
60% i ' „ qp
35
3D
25
3896
20% 15
10% 10
Palm Beach County, FL Florida Palen Beach Couray, Florida
FL
Source: Clarita s
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
consistently higher unemployment rate than Florida over the past decade. Considering all positive
517 Northeast 1st Street 10
Palm Beach County Area Analysis 10
and negative factors, we anticipate that growth in Palm Beach County will be limited, resulting in a
modest level of demand for real estate in general.
517 Northeast 1st Street I
Surrounding Area 11
Surrounding
Location
The subject is located in the Boynton Beach area of eastern Palm Beach County.
Surrounding Area Map
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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.
i.
517 Northeast 1st Street
Surrounding Area 12
Surrounding Area Demographics
PAm Beach
2013 Bti metes I-Mile Radius 3-MileRadius 5-Mile Radius Couq�y, Fl- Horlda
Population 2010 13,19* 78,20* 17b,003 1,320,134 18,801,310
Population 2013 13,3*6 79,439 177,650 1 19,356,053
Population 2018 13,911 82/32 183/392 1,414,824 20,322.385
Compound %Change 2010-202: &zm 0.5m o�%. UK 110m
Compo mnpnge2o13-zmsu uam oeu 0,6m u��% 1»e
Households 2010 5,009 33./^, 15.319 544,:2, /,420.802
Households 2023 5,205 34,395 74575 556,320 7^31.375
Households 2018 5'507 ,s 79 580,570 8.010.659
Comp mcho"mcmmm/3 1.3m o.»m 0,5% 0.7m 119m
Compound m Chan m/*zn10 1.1e *.,% 03% omm 1.0m
Median Household mm~,/uzs o5/20 w0,211 m3.813 v"r $42.662
Avera Household Size 2.6 23 2.3 z^ 2�5
College Graduate m zm* 25w urw m% 26m
Median A *o m 45 ** Al
Owner Occupied % 63% 6596 mm /1m s/m
Renter Occupied m 31% aw oum mw sam
Median Owner Occupied Housing vu/vc o130,123 $127,150 ,ma.raa $1/5,097 $1+6,9*9
Median Year Structure Built m,, zvov `vna mo, zou^
Av I ,mwmnnw to Work wwxn. za �* u m
--~----- —
As shown above, the current population within a 3-mile radius of the subject is 79,439, 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 togrow at a slower rate.
Median household income is $40,211, 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 io suburban in character and approximately 8Dy6developed.
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. VVe anticipate that property values will remain stable in the near future.
517 Northeast 1stStreet ®
Surrounding Area 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.
Boynton Beach CRA
at
le
517 Northeast 1st Street i
Land Description and Analysis 14
Property Analysis
Land Description and Analysis
Land Description
Land Area 0.23 acres; 10,014 SF
Source of Land Area Public Records
Primary Street Frontage 1st Ave. - 60 feet
Shape Square
Corner No
Topography 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 September 30, 1982
Zone C
Description Areas of minimal flooding
Insurance Required? No
Zoning; Other Regulations
Zoning Jurisdiction City of Boynton Beach
Zoning Designation R -2
Description Residential
Legally Conforming? Yes
Zoning Change Likely? No
Permitted Uses Single family homes, duplex, type 1 group home, and communitygarden
Minimum Lot Area 4,500 SF
Minimum Street Frontage {Feet) 75'
Minimum Lot Width (Feet) Front - 25', Rear - 25', Interior side - 10', Corner side -10'
Maximum Building Height 25'
Maximum Floor Area Ratio 0.1
ilities
Service Provider
Water City of Boynton Beach
Sewer City of Boynton Beach
Electricity Florida Power and Light
Local Phone Multiie Providers
517 Northeast 1st Street 10
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 site 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.
Trial Map
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517 Northeast 1st 5t-r-eet ��
Improvements Description and Analysis 16
Improvements Description i
The subject is an existing single family property. The improvements were constructed in 1947, total
1,237 square feet of rentable area, and are in fair condition as of the effective appraisal date. The site
area is 0.23 acres or 10,014 square feet.
Construction Detail
Foundation Concrete slab
Structural Frame Wood frame
Exterior Walls Painted stucco
Roof Gable and flat
Air Conditioning Centra I
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
Deferred maintenance is identified based on our inspection our inspection of the property. The
deferred maintenance did not appear structural and no cost to cure the deferred maintenance was
provided. For these reasons we consider the condition to be below average but do not specifically
deduct for deferred maintenance.
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.
517 Northeast 1st Street r
Improvements Description and Analysis 17
Conclusion f Improvements Analysis
In comparison to other competitive properties in the region, the subject improvements are rated as
follows:
Improvements Ratings
[design and Appearance Average
Age /Condition Below Average
Room Sizes and Layouts Average
Bathrooms Average
Kitchens Average
Landscaping Bel ow Average
Garages Average
Overall, the quality and functional utility of the improvements are average for their age and location.
As noted previously, the condition is considered below average.
517 Northeast 1st Street rr'
Improvements Description and Analysis 18
7
w t
J `''
View of subject exterior View of subject rear exterior
(Photo Taken on February 5, 2014) (Photo Taken on February 5, 2014)
t
l r Y1w „
r,
View of subject side exterior View of subject side exterior
(Photo Taken on February 5, 2014) (Photo Taken on February 5, 2014)
View of living room View of bedroom
(Photo Taken on February 5, 2014) (Photo Taken on February 5, 2014)
517 Northeast 1st Street
Improvements Description and Analysis 19
r
d, u
i
View of bedroom View of kitchen
(Photo Taken on February 5, 2014) (Photo Taken on February 5, 2014)
g
r y
t
View of restroom View of laundry
(Photo Taken on February 5, 2014) (Photo Taken on February 5, 2014)
,
t >
` 6 �m;f s <,
, .
y
,
F I
View of garage View of deferred maintenance
(Photo Taken on February 5, 2014) (Photo Taken on February 5, 2014)
517 Northeast 1st Street
Improvements Description and Analysis 20
Floor Plan
S,
I
7
21�
9 13
FA �r — !ea j ] Area
it
L rea
517 Northeast 1st Street r
Real Estate Taxes 21
Real Estate
Real estate tax assessments are administered by Broward County. Real 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 - 2013
Assessed Value Taxes and Assessments
Ad Valorem
Tax ID Land Improvements Exemptions Total Tax Rate Taxes Exemptions Direct Assessments Total
08- 43- 45- 21 -29- 003 -0011 $7,800 $42,058 $25,000 $24,858 2.269870% $395 $2s,s00 $262 $657
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 2.269870 %. For the most recent tax year, 2013,
the estimated real estate taxes for the subject are the combined assessed value of $42,901 less
$25,000 in homestead exemptions, divided by 100, then multiplied by the millage rate of 2.269870%
for a total of $262. 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 $657.
According to the Palm Beach County Tax Collectors Office, taxes for 2010 and 2012 have not been paid
for subject property, additionally; the 2013 taxes have not been paid and are due by March 31. The
total remaining unpaid tax liability is $2,787.85, $2,137.40 of which is past due.
Historical real estate taxes and assessments for the current tax year are shown in the following table.
Tax H1 story
Total Assessed Ad VaIorem Direct
Tax Year Value Tax Rate Taxes Assessments Exemptions Total %Change
2010 $78,818 0.69290% $546 $234 $75,500 $780
2011 $80,000 0.71223% $570 $262 $75,500 5832 6.6%
2012 $42,184 0.89714% $378 $262 $25,500 $640 -23.0%
2013 $42,901 032068% $395 $262 $25,500 $657 2.6%
Based on the concluded market value of the subject, the assessed value appears reasonable
considering an 80% assessment ratio.
517 Northeast 1st Street 10
Highest and Best Use 22
Highest
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.
517 Northeast 1st Street 1
Highest and Best Use 23
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, it is concluded to be the highest and hest use of the property
as if vacant.
As Improved
The subject site is developed with a single- family house, which is consistent with the highest and best
use of the site as if it were vacant.
Based on our analysis, there does not appear to be any alternative use that could reasonably be
expected to provide a higher present value than the current use, and the value of the existing
improved property exceeds the value of the site, as if vacant. For these reasons, continued residential
use 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 owner occupancy, the likely
buyer is an owner -user.
irr.
517 Northeast 1st Street
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 toSLIbject Use inAssignment
Cost Approach Applicable Utilized
Sales Comparison Approach Applicable vzilirzea
income Capita lizationApproach Applicable Utilized
517 Northeast 1st Street 0
Sales Comparison Approach 25
Comparison Sales
The sales comparison approach develops an indication of value by comparing the subject to sales of
similar properties. The steps taken to apply this approach are:
• Identify relevant property sales;
• Research, assemble, and verify pertinent data for the most relevant sales;
• Analyze the sales for material differences in comparison to the subject;
• Reconcile the analysis of the sales into a value indication for the subject.
To apply the sales comparison approach, we searched for sale transactions within the following
parameters:
• Property Type: Single family home
• Location: Boynton Beach
• Size: Three bedrooms, two bathrooms
• Age /Quality: As similar to the subject as possible
• Transaction Date: January 1, 2013 to present.
For this analysis, we use price per unit 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 and analyzed in the following table.
!fit`
517 Northeast 1st Street
Sales Comparison Approach 26
Analysis of Comparable unproved Sales
Dveral I
Size in SF, So le Date; Effective Prop. Adjustment
No. Name/Address, year 8u It Status Sale Price Rights .Applied Adjustment Comments
Subject 1,237 ree Si mpi e
517 Northeast 1st Street 1947
517 Northeast lst Street
Boynton Beach
Pal m Beach County, FL
1 302 NE 14th Avenue 1,034 Jan -14 $78,000 Fee Simple Down Sale 1 was built in 1959 and is rated similar forage, is
302 NE 14th Avenue 1959 Closed 203 square feet smal ler and is rated inferior for size, and
Boynton Beach is in above average condition and is rated greatly
Palm Beach County, rL superior
-
2 401 NE 14th Avenue 1,200 Jul -13 $65,000 Fee Simple None Sale2 was builtin 1956 and is rated similar forage, is
401 NE 14th Avenue 1956 Closed rated similar for size and condition.
Boynton Beach
Palm Beach County, FL
3 1481 3rd Street 988 Mar -13 $60,000 Fee Simple Lip Sale3 was built in 1959 and is rated similar forage, is
1481 3rd Street 1959 Closed 249 square feet smaller and is rated inferior for size, and
Boynton Beach is rated slightly superior for condition.
Palm Beach County, FL
4 1414 North Seacrest Bouleva rd 1,200 Feb -13 $75,000 Fee Simple Down Sale4 was built in 1956 and is rated similar for age, is
1414 North Seacrest Boulevard 1956 Closed rated similar for size, and is in above average condition
Boynton Beach and is rated greatly superior for condition.
Palm Beach County, FL
Indicated Value $65,000
Total Ad}ustments - $3,000
Rounded $62,000
517 Northeast 1st Street I
Sales Comparison Approach 27
Comparable improved Sales Map
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DLYA - h, v 411 W 14 air.
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517 Northeast 1st Street
Sales Comparison Approach 28
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a
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1 .....0 :S �li�f� u�? ,r�.� - � ' „t " _ _ .'• „
Sale 1 Sale 2
302 NE 14 Avenue 401 NE 14 Avenue
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11
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Sale 3 Sale 4
14813 rd Street 1414 N Seacrest Boulevard
517 Northeast 1st Street
Sales Comparison Approach 29
Value Indication
We arrive at ava|um indication as follows:
Value Indication by Sales Comparison
Stabilized
As Is
Stabilized Value Indication $ss
Adjustments
Unpaid taxes
/ndicamdva|ue $e2/000
Rounded $62
517 Northeast 1st Street �®
Reconciliation and Conclusion ofValue ]U
Reconciliation and Conclusion of Value
The values indicated by our analyses are asfollows:
Summary of Value Indications
CostApproach Not Used
Sales Comparison Approach $62
Income Capitalization Approach Not Used
Value Conclusion
Appraisal Premise Interest Appraised Dateof Value Value Conclusion
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 val ue concl usions are based on the following hypothetical conditions that may affect the assignment
results. Ahvpnth,ticx| condition is a condition contrary vu known fact on the effective date nf the appraioa|
but is supposed for the purpose of analysis. N/A None.
Exposure and Marketing Times
Our estimates uf exposure and marketing times are aofollows:
Exposure Time and Marketing Period
Exposure Time (Months) 3 to 6
Marketing Period (Months) 3 to
517 Northeast IstStreet 0
Certification 31
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 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.
13. We have experience in appraising properties similar to the subject and are in compliance with
the Competency Rule of USPAP,
517 Northeast 1st Street 10
Certification 32
14. As of the date of this report, Harry Newstreet, MAI has completed the continuing education
program for Designated Members of the Appraisal Institute.
Jn
- t
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
517 Northeast 1st Street 10
Assumptions and Limiting Conditions 33
Assumptions and Limiting
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
517 Northeast 1st Street 0
Assumptions and Limiting Conditions 34
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
517 Northeast 1st Street
Assumptions and Limiting Conditions 35
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
517 Northeast 1st Street IC
Assumptions and Limiting Conditions 36
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:
r�
517 Northeast 1st Street
Assumptions and Limiting Conditions 37
Extraordinary Assumptions and Hypothetical Conditions
The va I ue concl us ions are subject to the fol I owing extraordinary assumptions that may affect the assignment
resu I ts. An extraordinary a ssumpti on is uncertain information accepted as fact, If the ass umpti on is found to
be fa Ise as of the effective date of the a pprais a I, we reserve the right to mod ifyour va I ue con cl us ions. N/A-
None.
Thevalue conclusions arebased on the following hypothetical conditions that may affect the assignment
r*su|ts. A hypothetic a I condition is a con diti on contrary to known fact on the effective date of the a pprais a I
but is supposed for the purpose ofana|ygs.N/A None.
517 Northeast 1st Street ®
Addenda
Addendum A
Appraiser Qual 4 fications
517 Northeast 1st Street r
Harry C. Integra Realty Resources
Newstreet,,
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 772.4614097
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
m 1995 - Rex Consulting
1996 - 1998 — Real Property Analysts, Inc.
1998 - 2004 — Newstreet - Miller & Associates
0 2005 - 2011— Harry C. Newstreet & Associates
0 2011- Present — Integra Realty Resources -Miami /Palm Beach
Professional 1 es & Affiliati
Member: MAI, Appraisal Institute #12441
Member: Association of Eminent Domain Professionals
Licenses
Florida, State Certified General, RZ2278
Education
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:
o The Development Timeline — SFWMDSeminar, May 2004
a Appraisal Issues in CRA's — FAR Convention, September 2004
Articles i i
Smoothing Wrinkles in the Spread: Special Assessment Issues, Appraisal Journal, April 2000
Qualified r Administrative i
Qualified as an Expert Witness in Federal and State Courts
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Integra Realty Resources, .,
Corporate Profile
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. Amundson, 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 Perutelli, MAI, SRA, FRICS
BOISE, ID - Bradford T. Knipe, MAI, ARA, CCIM, CRE, FRICS NEWJERSEY COASTAL - Halvor). Egeland, MAI
BOSTON, MA - David L. Cary, Jr., MAI, MRICS NEW JERSEY NORTHERN - Barry J. Krauser, MAI, CRE FRICS
CHARLESTON, SC- Cleveland "Bud" Wright Jr., MAI NEW YORK, NY- Raymond T. Cirz, 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 - Gory S. Wright MAI, FRICS, SRA PHILADELPHIA, PA - Joseph D. Posquarella, MAI, CRE, FRICS
CLEVELAND) OH - Douglas P. Sloan, MAI PHOENIX, AZ - Walter Tres' Winius III, MAI, FRICS
COLUMBIA, SC- Michael B. Dodds, MAI, CCIM PITTSBURGH, PA- Paul D. Griffith, MAI, CRE FRICS
COLUMBUS, OH - Bruce A. Doubner, MAI, FRICS PORTLAND, OR - Brian A. Glanville, MAI, CRE, FR1C5
DALLAS, TX -Mork 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. Welman, MAI, FRICS RICHMOND, VA - Kenneth L. Brown, MAI, CCIM, FRICS
DETROIT, Ml - Anthony Sanna, MAI, CRE, FRICS SACRAMENTO, CA - Scott Beebe, MAI, FRICS
FORT WORTH, TX - Gregory B. Cook, SR/WA ST. LOUIS, MO - P. Ryon McDonald, MAI, FRICS
GREENSBORO, NC - Nancy Trio, MAI, SRA, FRICS SALT LAKE CITY, UT - Darrin W. Liddell, MAI, CCIM, FRICS
GREENVILLE, SC- Michael B. Dodds, MAI, CCIM SAN ANTONIO, TX - Martyn C. Glen, MAI, CRE, FRICS
HARTFORD, CT - Mark F. Bates, MAI, CRE, 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 -1. 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 Jaggers, 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
LOS ANGELES, 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 -1. Walter Allen, MAI, FRICS CARIBBEAN /CAYMAN ISLANDS - James Andrews, MAI, FRICS
MIAM1 1PALM 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
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Addenda
Comparison Addendum B
517 Northeast 1st Street ®rr
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Addenda
Reporting USPAP i
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 fife 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 e o i 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
517 Northeast 1st Street er;
Addenda
exceed the former Self- Contained Appraisal Report requirements set forth in the 2012 -2013 edition of
USPAP.
Integra i 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,
517 Northeast 1st Street 1 ®r
Addenda
Information Addendum C
Property
517 Northeast 1st Street 1
Addenda
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Mumcipatity BOYNTDO BEACH
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SiLatatiavlsion SHFPARD ADC TO TOWN OF 14OYNTON IN G
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1.ard 57,80() 1 "000 541,356
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517 Northeast 1st Street
Addenda
COUNTY OF PALM MCH: NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
MKMCWfMjjO I TM I CMC EI"PIlON(5)APfU80
TO MIS PROPERTY
B-4 -1 -2 11 2013 98 101356185 sae SHEPARD ADD N 100 FT OF L7 I
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ROBINSON NATHANIEL
517 NE IST ST ANNE W GANNON
BOYNTON BEACH FL 33435 - 3814 . t . CONSTITUTIONAL TAX COLLECTOR
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20 ESTATE PROPERTY TAX BILL
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TAKINGAUTHORITY TEL NE ASSESSSED FXEMFTION TAXAGU 1AXILAGE TAN AMOUNT
COUNTY 561 42.901 28,WG 17,401 4.7815 0,20
COUNTY DEBT 561-355-39K 42,901 25,500 17,401 0.2037 3.54
CITY OF BOYNTON BEACH 561-742.6310 42,901 25, 5W 17,01 7.90w 137A7
CHILDREN$ SERVICES COUNCIL 56t•740-7 ODO 42,901 25 17,401 0,7025 12-22
FAIN 0. 56 7= 42,201 25, 5M 17,401 0.0345 0160
PSCHEALTH CARE DIMICT 601-M-1270 42,901 25,5w 17,401 1, 18.79
=-- SCHOOLLOCAL 561 31 4Z B01 25, 500 17,4@1 2AM 43.47
SCHOOL STATE 561-424-M7 42,901 26.5W 17,401 5.080D 88.64
SF MD EVERGLADES CONST PROJECT 561-6wta)o 42.901 25,SM 17,401 0.0507 1.02
SO FLA WATER MANAGE NT DIST. 561 496-SM 42S0I 25.501) 17,401 0,1585 2.93
SO FLA WATER MGMT - OKEE BASIN 561-m-mm 42,901 25,500 I7,401 0.1839 3.20
TOTAL AD VALOREM 3".98
NOW-AD VALOINUM ASSISSIMENTS MORMWOKWORIlicillum
LEVYING AUTHORITY TELEPHONE RATE AMOUNT
SOLID WASTE AUTHORITY 561-07470D 174.00 174,00
BOYNTON FIRE RESCUE ASSESSMENT 561-742-6310 O&OU 8800
TOTAL NON AD VALOREM 262.00
TOTAL AD VALOREM AND NON40 VALOREM COMBINED
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517 Northeast 1st Street 10
Addenda
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RECORDS OF PALM REACH C009Y,11LORMA, MOU ?ARTjCuLA;tLV vEsCmEp As
FOLLOWS: BEG AT A )OROV 200 FEET NORTF1 OF THE A6 AST CORNER 4DF
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517 Northeast 1st Street
Addenda
Addendum D
Engagement Letter
517 Northeast 1st Street It'
Addenda
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January 27, 2414
Theresa Utterback
Administrative Servkes Manager
Boynton Beach CRA
711D North Federal Highway
Boynton Beach. FL 33435
Re: City of Boynton Beach CRA
517 Northeast lst Street
Appraisal Proposal
Oear Ms. Utterback:
Thank you for the opportunity to submit the following proposal. The property being appraised is located at
517 Northeast 1st Street, Boynton Beach Florida.
Our proposed fee for the appraisal of this property is $600. We have estimated that we can have this
assignment completed fn approximately three weeks from your notice to proceed. The effective date of the
appraisal will 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 wil( be addressed to the Boynton Beach CRA
and will conform with the Uniform Standards of Professional Appraisal Practice (t1SPAP), the Code of
Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal institute and applicable
state appraisal regulations. The appraisal report shelf be solely for the use and purposes described in this
paragraph unless we provide out prior written consent. We also agree to be bound by the specific terms as
required by Boynton Reach 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 to contact me.
Thank you for considering this firm far your appraisal needs.
Sincerely,
�-7 C,
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Harry C. Newstreet, MAI
State•Certified General REA PR22278
Director • BrowaM
Phone; 772 - 463 -4133
Email: hrewstreet@in,c
Accepted: ,. Date:
517 Northeast 1st Street Irk
Addenda
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Public Records
The Boynton Beach Community Redevelopment Agency is public agency subject to Chaplef 199, Florida
Statutes. The Contractor shall comply with Florida's Public Records taw. 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 condiiwns that the CRA
would provide the records and at a Cost that d"5 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 pubiic record
requirements are rrn disclosed except as authodzed 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
retards that are exempt or confidential and exempt. All records stared 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.
517 Northeast 1st Street 10
PURCHASE AGREEMENT
Page 1 of 13
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
ivAIHANIEL ROBINSON (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 located in Palm Beach County, Florida (the " Property ") and more particularly
described as follows:
PNC #08- 43- 45 -21 -29 -003 -0011
Part of Lot 1, Block 3, Sheppard Addition to Boynton Beach, according to the
Plat thereof, as recorded in Plat Book 2, at Page 58, of the Public Records of Palm
Beach County, Florida, more particularly described as follows. Beginning at a
point 200 feet north of the southeast corner of said lot for a point of beginning;
thence running due west 100 feet; thence running due north 50 feet; thence
running due east 100; thence running due south 50 feet to the point of beginning.
The north 50 feet of Lot 1, Block 3, Sheppard Addition to Boynton, Boynton
Beach, Palm Beach County, Florida, according to the PIat thereof, as recorded in
Plat Book2, at Page 59.
aWa 517 NE 1 St Street, Boynton Beach, FL 33435
2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be
Seventy Four Thousand and 001100 ($74,000.00) Dollars, payable in cash, by wire transfer of United States
Dollars at the Closing. Additionally, at closing, CRA shall provide SELLER with Fifteen Thousand and 001100
($15,000.00) Dollars in relocation assistance.
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/Disbrsement of Deposit. The Deposit shall be applied and disbursed as
follows:
00308089 -2
Robinson
517 NE I" Street
PURCHASE AGREEMENT
Page 2 of 13
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 13, 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 13.
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 ") 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. POST CLOSING OCCUPANCY. The parties agree that SELLER may reside in the premises
following the closing for a term not to exceed ninety (90) days after the Closing. The terms of this tenancy shall
be as set forth in that certain Post Closing Occupancy Agreement of even date herewith.
7. 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 8.1 and Section 8.2 hereof.
8. FEASIBILITY PERIOD. The CRA, and its designees shall have up to 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
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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.
8.1 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
t-he 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.
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8.2 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 8.1 concerning title objections.
8.3 Seller Delveries 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:
8.3.1 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.
8.3.2 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.
833 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 CPA 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.
9. 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:
9.1 Representations and Warranties All of the representations and warranties
of SELLER contained in this Agreement shall be true and correct as of Closing.
9.2 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.
9.3 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.
9.4 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.
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9.5 Occu ancy. 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.
10. 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:
10.1 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.
10.2 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.
10.3 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.
10.4 Corrective Documents. Documentation required to clear title to the Property of all liens,
encumbrances and exceptions, if any, other than Permitted Exceptions.
10.5 Additional Documents. Such other documents as 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.
11. PRORATI DURES.
11.1 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.
11.2 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
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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.
11.3 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.
11.4 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.
11.5 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 appropriate public records.
11.6 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.
12. RE COVENANTS AND WARRANTI
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:
12.1 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).
12.2 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.
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12.3 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.
12.4 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.
12.5 SELLER represents that there are no parties other than SELLER in possession of the
Property or any portion of the Property as a lessee.
12.6 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.
12.7 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.
12.8 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 teen "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) ").
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12.9 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 " "
12.10 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.
12.11 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.
12.12 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).
12.13 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:
12.13.1 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.
12.13.2 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 CPA
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.
12.13.3 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.
13. DEFAULT.
13.1 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 13.3 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
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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.
13.2 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 farther rights hereunder, or (2) seek specific performance of this
Agreement, without waiving any action for damages.
13.3 Notice of Default. Prior to declaring a default and exercising the remedies described
herein, the non- defaulting Party shall issue a notice of deefault 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.
13.4 Survival. The provisions of this Section 13 shall survive the termination of this
Agreement.
14. NOTICES. All notices required in this Agreement must be in writing and shall be considered
delivered when received by certified mail, return receipt requested, or personal delivery to the following
addresses:
If to Seller: Nathaniel Robinson
517 NE 0 Street
Boynton Beach, FL 33435
If to Buyer: Vivian Brooks, Executive Director
Boynton Beach Community Redevelopment Agency
710 N. Federal Highway
Boynton Beach, FL 33435
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With a copy to: Kenneth Spillias
Lewis, Longman & Walker, PA
CRA Attorney
515 North Flagler Drive
Suite 1500
West Palm Beach, FL 33401
15. BINDING OBLIGATION /ASSIGNMENT. The terms and conditions of this Agreement are
hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties
hereto. SELLER may not assign its interest in this Agreement without the prior written consent of 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.
16. 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.
17. ENVIRONMENTAL CONDITIONS.
17.1 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.
17.1.1 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.
(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,
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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.
18. 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.
19. MISCELLANEOUS.
19.1 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.
19.2 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.
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19.3 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.
19.4 Construction of Agreement. The Parties to this Agreement, through counsel, have
participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto
shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment
hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall
include the singular, as the context may require. Provisions of this Agreement that expressly provide that they
survive the Closing shall not merge into the Deed.
19.5 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.
19.6 Handwritten Provisions Handwritten provisions inserted in this Agreement and initialed
by CRA and SELLER shall control all printed provisions in conflict therewith.
19.7 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.
19.8 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.
199 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.
19.10 Recordist This Agreement may be recorded in the Public Records of Palm Beach
County, Florida.
19.11 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.
00308089 -2
Robinson
517 NE 0 Street
PURCHASE AGREEMENT
Page 13 of 13
19.12 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.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date.
BOYNTON BEACH
COMMUNITY REDEVELOPMENT SELLER
AGENCY
r P "
By: By: ---
Print Name: .Terry Taylor Print - ame: Nathaniel R obi son
Title: Chair
Date: Date: ✓
Witnesses: Witnesses:
Witnesses: Witnesse . �f
ESCROW AGENT
Lewis, Longman & Walker, PA
By:
Print Name:
00308089 -2
Robinson
517 NE V Street
Post Closing Occupancy Agreement
Seller: Nathaniel Robinson
Buyer: Boynton Beach Community Redevelopment Agency
This Post Closing Occupancy Agreement represents a part of the Contract for Sale and
Purchase of Real Property with the Effective Date of The
provisions of this Agreement shall survive closing.
Legal Description and/or Address:
PNC #08- 43- 45 -21 -29 -003 -0011
Part of Lot 1, Block 3, Sheppard Addition to Boynton Beach, according to
the Plat thereof, as recorded in Plat Book 2, at Page 58, of the Public
Records of Palm Beach County, Florida, more particularly described as
follows: Beginning at a point 200 feet north of the southeast corner of
said lot for a point of beginning; thence running due west 100 feet; thence
running due north 50 feet; thence running due east 100; thence running
due south 50 feet to the point of beginning. The north 50 feet of Lot 1,
Block 3, Sheppard Addition to Boynton, Boynton Beach, Palm Beach
County, Florida, according to the Plat thereof, as recorded in Plat Book2,
at Page 59.
a/k/a 517 NE 1" Street, Boynton Beach, FL 33435
In the event of inconsistencies between this Agreement and the Contract for Sale and
Purchase of Real Property, the provisions contained in this Agreement shall prevail and are
intended to supersede anything in the Contract for Sale and Purchase of Real Property
inconsistent with this Agreement.
1. Seller may remain in possession and occupancy of the subject premises for a term not to
exceed ninety (90) days after closing for the purposeof residing upon the subject premises.
2. Buyer assumes no liability for any damages, injury or loss to Seller or Seller's personal
property
as a result of said post
occupancy.
3. Seller hereby indemnifies and holds Buyer harmless for any liability as a result of said
posture and occupancy.
4. The parties agree that Seller pay an occupancy fee in a set amount of Ten Dollars
($10.00)
payable in advance for the period of possession at the time of closing.
5. Sellers agree to maintain the gas, electric and water services in Seller's name while in
occupancy and to pay the bills for such utilities as they become due. Seller agrees
to pay all home Owner Association fees, costs and assessments during the period of
possession, if any.
b. It is agreed that no changes, improvements or additions shall be made without the express
written consent of the Buyer. Seller shall be responsible for any damage to the premises,
other than ordinary wear and tear.
7. This Agreement is intended only to give the Seller the right of possession for a period of
ninety (90) days from the date of closing and NOT establish a Landlord/Tenant relationship.
8. Seller shall maintain hazard insurance on the property. It is specifically understood
that should the premises be destroyed by fire or other occurrence during the time that the
Seller is in possession, risk of loss of both personal and real property shall be borne by the
Seller.
9, This Agreement may be executed in any number of counterparts, each of which when
executed and delivered shall be an original, with all counterparts constituting a single
instrument.
BUYER: Boynton Beach Community Redevelopment Agency
By:
Jerry Taylor, Chairman
Date:
SELLER: Nathaniel Robinson
Y:
Nathaniel Robinson
Date:
4 :
BOYNTON""""""
0""WMBEACH'4111""'CRA
CRA BOARD MEETING OF: August 12, 2014
Consent Agenda J I Old Business I j New Business Legal I X Other
SUBJECT: New Businesses in the CRA District
SUMMARY: No information available from the City.
FISCAL IMPACT: NIA
CRA PLAN, PROGRAM OR PROJECT: Business Development Program
t
Tr mith Cof ey
Marketing & Business Development
C:\ Users \smith- coPfeyt\Documents \New Businesses Agenda Item August.dooz
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C,`,
CRA BOARD MEETING OF'. August 12, 2014
Consent Agenda I I Old Business I I New Business Legal I X Information C► nly
SUBJECT Development Projects Update
500 Ocean (SE Corner of Ocean /Federal) — The site plan, land use and zoning change were
approved unanimously on second reading at the Commission meeting on 711114. CRA staff continues
to dialogue with the LeCesse team on possible CRA financial incentives. LeCessee has not applied for
utility or construction permits as of the date of this report.
Family Dollar (MLKISeacrest — The site plan, land use and zoning were approved at the Planning
and Development Board. This will go before the Commission on August 19
National Full Service Grocery Store — Staff has met with a local grocery store chain but they wanted
the land for free and the CRA to build the store. Staff declined the offer. Staff continues to work with a
national chain.
Ocean Breeze East RFP — Two proposals received. The CRA Board will provide direction to staff at
the August 12 meeting.
Casa del Mar - (2632 N. Federal Highway) — This 4.5 acre waterfront site is under contract to K.
Hovnanian for a for -sale residential development. Two pre - application meetings have been held.
Hovnanian plans on building 88 for -sale units on the site. They will be formally submitting to the City
for site plan and zoning next month.
Former Denny's Site/ 2201 S. Federal Hwy. — Contractor looking to buy and redevelop into office
space and retail. City passed the code lien reduction program which will allow the purchaser to close
on the property and renovate it.
Healino Heart /220 -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. Two CRA economic grants are being
applied for on the July 8 agenda.
Seaview Park Club- 1630 N. Federal Hwy. — 1 acre site purchased by Olin to add to adjacent
Manatee Bay Apartments. Construction is 90% complete.
O cean — The project is complete.
Cottage District — Staff has an additional property under contract for Board consideration on the
August 12 T board meeting. Currently the CRA has 15 of the 21 parcels in the block under ownership.
Vivian L. Brooks
Executive Director
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board
Meetings\August 201418.12.141Development Project Update.doc