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Agenda 06-09-15CRA or Meeting Tuesday, June 9, 2015 @ 6:30 put City Commission Chambers 100 E. Boynton each Blvd. Boynton Beach, FL 33435 KxMiNk M1.1 1. Call to Order Il. Invocation and Pledge to the Flag 111. Roll Call V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items VII. Announcements & Awards: 6SM = I LS M �i VHL Consent Agenda: A. Approval of Minutes — CRA Board Meeting, May 12, 2015 D. Approval of Commercial Facade Grant to Health Buddy, LLC — CrossFit at Ca Costa i E. Approval of Commercial Facade Grant to The Boardwalk Italian lee & Creamery, LLC — 209 N. Federal Highway, Boynton Beach, FL G. Approval of Commercial Rent Reimbursement Grant to The Boardwalk Italian Ice & Creamery, LLC — 209 N. Federal Highway, Boynton Beach, FL Approval of Commercial Construction Project Incentive Grant to The Boardwalk Italian Ice & Creamery, LLC — 209 N. Federal Highway, Boynton Beach, FL 1. Approval of Commercial Rent Reimbursement Grant to Amanda James Gallery, LLC — 412 E. Ocean Avenue, Unit #1, Boynton Beach, FL J. Approval of Commercial Interior Build -Out Assistance Program Grant to Brian Macon, a Sole Proprietorship, for a Fitness and Training Company — 1300 W. Industrial Avenue, Suite # 106, Boynton Beach, FL K. Approval of Commercial Rent Reimbursement Grant to Brian Macon, a Sole Proprietorship, for a Fitness and Training Company — 1300 W. Industrial Avenue, Suite #106, Boynton Beach, FL IX. Pulled Consent Agenda Items: X. Information OW2 A. Public Comment Log D. Annual Filing of Statement of Financial Interests XI. Public Commen : (Note: comments are limited to 3 minutes in duration) 1—til 1[m T MM A. Considerationof Purchase and Development Agreementsbetween Ocean Ridge Hospitality w r LLC and the CRAfor B. Consideration of Purchase and Development a `- between Ocean " dg* Hospitality Group, LLC and the CRA for 480 E. Ocean Avenue w w- w w ►w r r w. w ''w w .-'w ' D. Consideration of ww. Temporary Parking Agreementw of Tabernaclefor the Use of '+ Lots forParking XIV. New Business: A. Consideration of ♦ + Hurricane Alleyto Use CRA PropertyFederal Highway on a Temporary Basis for a Food Truck B. Consideration of Letter of Intent from Housing Trust Group for the Ocean Breeze East Site in the Amount of $2.0 Million A. New Businesses in CRA District XV1. Future Agenda to : VII. Adjournment �I":.. 1 � w' R w. "• R !'; I' w I l ;'.. I w R !I *w IS O BE BASED.' . 1 F THE CRA SHALL FURNISH APPROPRIATE AUXILL4LRY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A BY THE CITY. PLEASE CONTACT THE cRA AT (561) 737-3256 AT LEAST TwENTY-FouR HouRS PRIOR TO THE MEETING PROGRAM OR ACIWITY IN ORDER Fw t THE CRA TOREASONABLY ACCw w R YOUR BOYN "w"BE RA 0011110 CRA BOARD MEETING OF: June 09, 200 ............... [��endn Old Business New Business I I Legal IX I Information Only Other • On Friday, May 15th, the Boynton Beach CRA presented Music on the Rocks — Happy Hour Friday featuring Making Faces. • This FREE event took take place at the Ocean Avenue Amphitheatre from 6 P.M. to 9 P.M. • The weather was quite warm and we had approximately 150 people in the audience. • Food and drinks were available for purchase from local vendors. • Free, on-site, parking was available. • The Music on the Rocks series is scheduled to return on October 16'h, with a new lineup of bands. a Photos of the event (Exhibit A) 11 Viii CRA PLAN, PROGRAM OR PROJECT: Downtown Master Plan e7h—ristop- 'er Burdick Special Events Coordinator C:\Users\burdickc\Documents\Agenda IternsUune 20151Music on the Rocks Reccap.docx (Exhibit A) Music on the Rocks T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board MeetingslJune 20151Music on the Rocks Exhibit A.docx T.\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Meetings\june 20151Music on the Rocks Exhibit A.docx ,i wiI c iONUR11 i is 115111 all! 5 1151111 E, 11 15M IZENTI IN= it _ Jerry Taylor, Chair Joseph Casello, Vice Chair James "Buck" Buchanan Michael Fitzpatrick Woodrow Hay Mack McCray David Merker Il M7 I KT#YI 100 iiiiiij 11�1111 IIIIIII I iiiiiiij III 1 111111111 TMEFr,ff-T-rnr-r,T.T,T- IFITIM IFIRI � �lI TOM 11 Ino IMF 3.7mmm IV. Legal None. V. Agenda Approval Vivian Brooks, Executive Director Tara Duhy, Board Counsel Mr. McCray moved to approve the agenda as amended. Mr. Merker seconded thii motion that unanimously passed. Meeting Minutes CRA Board Boynton Beach, FloridaMay 12, 2015 ---------- ---------- 111UM==r-- wl in service as his mother asked him to say a few words. The Memorial and bust of PFC Metcalf was at the Little League Field on Woolbright Road. Th- • • ded On May 5, 2015, he and other Board members attended the ribbon cutting at the Women's Circle and he announced it was a successful event. He hoped all had a Happy Mother's Day iast Sunday. Mr. Fitzpatrick explained he was in 4Tiaine. 1-1hen he returned, he attended the Woman's Club event and then visited his nephew who graduated from boot camp. He received a call from the Chair regarding appraisals. Vice Chair Casello attended the Women's Circle and praised Sister Lorraine and Sister Pat as outstanding individuals. He attended the soft opening of the Copper Top Brewery and urged all to attend the grand opening. Mr. Merker thought education was important for all people to help them learn, accept changes and understand. He spoke about the Jewish religion and to "love thy neighbor." As of April 20, 2006, May is known as Jewish American Heritage Month recognizing the contributions of Jewish people to American culture. Chair Taylor attended the ribbon cutting event and on Friday aftended the Sister Cities art and essay contest at the Woman's Club. Art from Les Cayes, Haiti; QuFu, China, and schools here in Boynton was displayed. He commented on the quality of the art and the essays. Prizes were awarded and one work was selected to continue on to the national level competition. He also attended a Haitian educational and cultural event -all the high school. Many Haitians and school principals discussed what could be done tf� help educate Haan children. A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CIRA Board on Agenda Items 71r-r-7M—TM- FI.InrligT-ilooT. =-, - iq Meeting Minutes CRA Board Boynton Beach, Florida May 12, 2015 A. Movies int Park: Recap - 5/1115 - Paddington Bear. Chris Burdick, CRA Special Events, announced the event was successful. There was a good turnout, and gift cards donated from local businesses were given away. B. Music on the Rocks Recap - 4117/15 - Solid Brass Next Concert - 5/15115 - Making Faces. Mr. Burdick advised this event was also very successful. It was the first time they had people dancing in front of the stage. The next concert would be the last of the season on May 15th featuring Making Faces. The series will return October 16th Vill. Consent Agenda; A- Approval of Minutes - CRA Board Meeting, April 14, 2015 B. Approval of period ended April 30, 2015 Financial Report C. Monthly Purchase Orders D. Approval of Commercial Interior Build -Out Grant to Health Buddy, LLC - C.rossFit located at Casa Costa E. Approval of Commercial Construction Incentive Grant to Health Buddy, LLC - C.rossF!t located at Casa Costa. F. Approval of Commercial Interior Build Out Grant to Gulfstream Auction Gallery, LLC G. Approval of Commercial Rent Reimbursement Grant to Gulfstream Auction Gallery, LLC Motion Mr. Merker moved to approve the Consent Agenda. Mr. Hay seconded the motion that unanimously passed. IX Pulled Consent Agenda Items: None. X. Information Only: KI Meeting i BoardCRA Boynton Beach, Florida May 12,20,16 1111,717. Harry Woodworth, INCA, explained since the U -Haul trucks were gone, the street was like new and he explained the impact of that one change was significant. He thanked the Board members for their help with the matter. He hoped the missing or dead landscaping and litter could be replaced, perhaps next year and that FPL would install the poles.to complete the improvements. No one else coming forward, Chair Taylor closed the public comments. • •' movedA- Notice of Intent to Dispose of Real Property known as Lot 23, Block 1, the Frank Webber Addition to Boynton, Plat Book 9, Page 3, Palm Beach County Motion Mr. Merker to approve. Mr. McCray seconded the motion unanimously Notice of Intent to Dispose of Real Property known a 480 East Ocean Avenue, Boynton Beach t � Mr. Merker moved to approve. Mr. Hay seconded the motion that unanimously passed. Notice of Intent to Dispose of Real Property Known as 211 East Ocean Boynton BeMr. Merker ach, FL moved to approve. the motion. Vice Chair Casello inquired how negotiations were progressing and learned they were going very well. The documents were sent to Lewis Longman and Walker's real estate attorney and Mr. Campanili's attorney. They had added a few items. 1.2 Motion Mr. Merker moved to approve. Mr. Hay seconded the motion. Attorney Duhy requested a motion to extend the time for the contract to come before the Board at the June meeting. Motion Mr. Fitzpatrick so moved. Mr. Hay seconded the motion that unanimously passed. 13, Consideration of Contract to Purchase Vacant Lot from Palm Beach County School District in the Amount of $12,500 for the Model Block Project. Motion Mr. Merker moved to approve. Mr. cCray seconded the motion. Vice Chair Casello noted the land would be used to continue the road and he inquired who would pay for the new road. Ms.. Brooks explained the funding would come from Utilities • Gas Tax funds. This would alleviate traffic queueing when parents pick up students. He thought they were doing something to alleviate a safety issue and he inquired why the School District did not offer funds to help improve the sRuation. Ms, Brooks responded she had not seen that happen, but was aware they do improve their own properties. She also commented the City pursued the matter. Lori LaVerriere, City • explained the School District agreed to sell the land, The sale would also benefit the model block program to alleviate some of the transportation • and stacking issues with the school. The City plans to make it a through street providing better access to the Carolyn Sims Center. They will pay for the improvements through CDBG and Capkal Improvement funds and some of the Utility projects for the cut through. It was noted there is a water, sewer, and stormwater project planned for 11"' Avenue and the City would continue underground improvements. Gas tax revenues will be used for the roadway construction. Mr. McCray explained Development Director Nancy Byrne stated she contacted the property owners on both sides of the subject property, and there will be a buffer. Mr. 0 Meeting Minutes CRA Board Boynton Beach, Florida May 12, 2015 Merker thought it was a good investment. By improving the area, it shows the community the City cares. He hoped it was the beginning of purchasing more property for very little money. Trevor Tarble, 1208 NW 1st Street, explained they have been cleaning the garbage and lifter on the property for years. He has called the School District often to have it mowed and he asserted it was a nuisance property with lots of nighttime activity and, more recently, there was a shooting in front of the apartments by the school. He thought it was a mistake to make it a road and did not see how it would alleviate stacking. , Mr. Tarble explained most parents park at the Sims Center. He went to the CRA and asked them to install a sidewalk, and they did to avoid crossing the roads which helped a little. It is already a problem and cars race up and down the street all the time. Mr. Merkel pointed out the City was improving the property and Ms. LaVerriere commented there would be street lights. Mr. Tarble opined the road will be used for a shortcut. Mr. McCr6y clifterea and explained it will be an enhancement. Mr. Tarble explained the parent -drop off turns right. Ms. LaVerriere explained the School District wants to reroute the parent traffic. They would go through a different gate and remove access on 19th, The road, was a connector to the facilities behind the school. The motion unanimously passed. Ms. Brooks explained the appraisal came in $1,530,000 and she wanted to advertise it on Loop Net, a property listing site where it will receive greater exposure. Ms. Brooks went on the site and could not find any property this size for a multi -family project in Palm Beach County. Iwo EFTe MEIM WW I JIM11OW URW N-1 OE rXI IWIVA-11 11 Meeting Minutes CRA Board Boynton.Seach, Florida May 1 �2, 2016 acre. She also pointed out the actual market does not have a lot of sites this size on urban corridors which riade the site more valuable. Vice Chair Casello likened it to supply and demand, however, cheaper did not always mean better. Mr, Merker moved to follow Ms. Brook's recommendation. Mr. Hay seconded the motion. Mr. McCray commented he expects staff to move expeditiously. Too much time has ,f een wasted. The motion unanimously passed, A. Consideration of Letter of Interest from Neighborhood Renaissance for Tw* CRA Owned Single -Family Lots on the Model Block ....... .. .... MS. f3r00Ks explained sne receiTAR11 Itai on the Model Block from Neighborhood Renaissance. This organ zation had received iwo grants for public improvements within the Model Block Project. They want to put two houses there per the design the City has. The fee was for $10 and the City was selling lots for $10. The house costs more than they would sell for and Neighborhood Renaissance will obtain a subsidy. The Board just approved two lots to the Boynton Beach Faith Based Community Development Corporation for the same amount. Motion Mr. Hay so movecl. Mr. Merker seconded the motion to proceed and sell the property for $10 each to Neighborhood Renaissance. Ms. Brooks explained they will have to wait for me 30 -day notice on one of the properties.to e ' xpire and they will bring back a purchase and development agreement. Attorney Duhy suggested the motion would be to approve and enter into negotiation for the sale of the properties to Neighborhood Renaissance to come back to the Board and both Messrs. Hay and Merker agreed with the amendment. Mr. Fitzpatrick had a problem with taxing people that subsidize' single family homes. He thouR ht s ' ingle-famiiy homes were a luxury in South Florida and a better use would be townhouses. He commented he could not support the request. Vice Chair Casello received confirmation they were assembling land for the Model Block Program. He thought it,would be wiser to wait until they acquired more parcels and then make an informed decision instead of developing it one piece at a time. Mr. Merker would like to see it developed as did Mr. Buchanan. Mr. Fitzpatrick agreed with the Vice Chair and 0 Meeting Minutes CRA Board Boynton each, Florldia May 12, 2016 I l P's O = '11' 14 W 0 1-11 oiTO' WNWmill sm B. Consideration of Change to Policy for Approval of Release of Invitations to Bid, Requests for Qualifications and Requests for Proposals for CRA Board Budgeted Project or Maintenance Items. Ms. Brooks explained this was not a written policy of the CRA, but it was a practice to write an RFP or RFQ for items in the budget or for maintenance which added additional time to the process. They want to emulate the City and write an RFP, Invitation to Bid or an RFQ, and bring the most qualified, responsive bids back to the Board for consideration. This streamlined the process, particularly on maintenance. Mr. Fitzpatrick requested alerting the members through the weekly meetings or the agenda that an RFP, RFQ or Invitation to bid was sent. By consensus, the members agreed to implement the practice. C. - Consideration of Systems Audit and Direct Incentive Funding Agreement (DIFA) Payment Releases to Hart Seabourn Cove, LLC for the properties known as Seabourn Cove — Phases I & 11, Ms. Brooks explained Seabourn Cove was a mufti -family project on South Federal Highway. In order to receive the DIFA payment, Seabourn Cove had to submit the results of a third party random check of units in each building to ensure it functions at ihe energy efficiency level it was supposed to as specified in the agreement. The results are forwarded to the Chief Building Official Andrew Mack for review, and then he sends a letter to CRA whether it meets the guidelines or not. If approved, a DIFA payment of $348,950 for Phase I and $153,070 for Phase 11 would be made. Seabourn Cove met the criteria, but Board had to approve payment. Mr. Merker moved to approve the payment. Mr. Hay seconded the motion thV unanimously passed. I August eand August 6th, at Intracoastal Park Clubhouse was suggested for the Budget Meetings. Mr. Merker commented he was not available on August 5th, Mr. Hay moved to have on the meeting on August 6 �h Mr. Merker seconded the motion that unanimously passed. Meeting Minutes CRA Board Boynton Beach, Florld2 May 12, 2015 At the second meeting, the Board was inundated again by individuals wanting to purchase the property and the audience laughed thinking what was the Board was doing? He felt bad. Mr. McCray commented Ms. Brooks' contract was up in October oT this year and he represents District IL When it comes to the CRA, unless there was a 360 degree turn, he advised he would not vote to renew Ms. Brooks' contract or for a raise foWter. 8-:TTV9]7W1 Ms. Brooks announced there were four now businesses. She announced the Guffstream Auction Gallery in Ocean Plaza, the Georgia Shoe Repair was moving from Delray each to Ocean Plaza and staff was seeing a lot of businesses moving from Delray each and the Downtown to Boynton Beach. XVI. Future Agenda Items I. Adjournment There being no further business before the Board, Chair Taylor properly adjourned the meeting at 7:15 p.m. dQJ-111U-k-euL'-- 0�vo�� J Catherine Cherry lid , Minutes Specialist 0513f 5 INA NO, 0. B 0Y I I T 0 4-1 V "c iti =BEACH- RA CRA BOARD MEETING OF: June 9, 2015 X j Consent Agenda I I Old Business I I New Business I I Legal I I Information Onlyu fir" SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues anf expenses for the month ending May 31, 2015. FISCAL IMPACT: None Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Gompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board MeetingsWune 20151FINANCE - Financial Report.doex I ko Eq z H N CId 0 0 rq In N, o* ch, eq mo q W1 r m II Ln v m ,i tn �p Ln cn v ov v v Ln 001 C4 00 1� V 19 m In Do 1� Ct Ili 1� a, Ln mowmwoovrio IV (q I I Q� I:t I:t Os 11� It Ci CI Ili Oi C� C! 11� M M -0 %D In V r� Lo g w W, 0 in Ln 0 c4 in v o o o C; r-, �0, 4 o o V " n NN Os 4MION"VI,,oc4cqLnmv4 N 0 II 14 0000 Oil MOOOOOWOWOOOOOO MR a 0000 0 W00000%O00000000 C; 1flC� C; C; ; C; r., W; r: C; C; C; 1� 11 11 Ln W v m b F, Rn m w q N ci 11� 11� C� O� -1 rq II m In m 14II r4 C4 II at m 1-1 Ln Hm M LO Ii m m 11 V40owwoova NI-InLn"o 0 fti I. C� Ln ,� I fti Ict Ii It Ili C� 1� 11� 1O " r, 0 w I 01, C� -1 cn M 1, U� C� r: � r, 0 Nr m H w F- w r- 4 Inca -0®N 0 (Ii w o I! 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CRA PLAN, PROGRAM OR PROJECT: Administrative Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetlngWY 2014 - 2015 Board MeetingsWune 20151Fl NANCE - Purchase Order Report.docx Boynton Beach CRA Purchase Order Report Month.- May 2015 =W MY= M INIVA 17.7-MITOMM. Description Design 02-58200-402 Construction Recreation =I T;71 =1 USara Sims Playground INVI= I =W MY= M INIVA 17.7-MITOMM. BOYI N 10: mmBtACrt,,,CRA CRA BOARD MEETING OF: June9,2015 t Agenda I I Old Business I I New Business � J Legal [ I Information O-nlyl I Other AGENDA ITEM #: VIII. D. SUBJECT: Approval of Commercial Facade Improvement Grant application submitted by Health Buddy, LLC (CrossFit) for the property located in Casa Costa, 615 E. Boynton Beach Boulevard, Boynton Beach, FL. SUMMARY: Health Buddy, LLC has applied for the CRA Commercial Fa;;adc Grant for reimbursement of the installation of signage and an additional exit door for the property as required by the City. Both items are eligible under the grant terms. The total cost of the project is $7,528. Signage $3,392.00 Exit Door $4,136.00 The Commercial Fagade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements. $3,764 is the maximum amount of reimbursement to Health Buddy, LLC. CRA PLAN., PROGRAM OR PROJECT: CRA Economic Development Plan RECOMMENDATIONS/OPTIONS: Approve the Commercial Facade Improvement Grant application, in the total amount of $3764.00, submitted by Health Buddy, LLC for eligible exterior improvements at the property located in Casa Costa, 615 E. Boynton Beach Boulevard, Boynton Beach, F L. Michael Simon Assistant Director OW - '.4 Bi : H April 1, 2015 — September 30, 2015 COMMERCL A . �� L NLS .1 -M 0 0 - The Commercial Fagade Improvement Grant Program is designed to provide a finanCi,21 incentive to help facilitate the exterior improvement of existing commercial properties within the CRA District. Commercial property within the CRA District may qualify for up to $25,000 of CRA funding fxterio or approved er improvement projects. The grantmatching, reimbursable grant providing commercial property owners/tenants with a more appealing property. The following rules are intended to inform a potential grant applicant of the extent and, scope of the program. The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to enc -curage businesses to invest in their operations. The result will halt deterioration, stabilize propetly values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following rules are applicable to this program� The program is available only for properties located within the CRA District Note: See attached CRA District Map. 2. Facade improvements must be consistent with the CRA's Design Guidelines. Note: CRA Design Guidelines are available on the CRA website lift-P,//www. catch bovnton, com All proposed exterior improvements using CRA fund's dilu - k be" approved by the CRA Board. The CRA Board may make 'recommendations for exterior improvements based upon the CRA Design Guidelines. 3. The program is for commercial properties and businesses only. ResidentialIV zoned properties and non-profit uses are NOT eligible (this includes multi -family units, apartment buildings and dupleThe property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application and Agreement must be jointly executed by both the owner and the tenant. Page I of 7 710 No Federal Highway, Boynton Beach, FL 33435 —Phone 561-7373256 Fax 561-737-3258 0 0 0 • Painting • Shutters • Awn ings/can o pies • Decorative exterior facade improvements • Exterior doorstwindows • Landscaping around the building • Irrigation • Parking lot re -paving, re -sealing, re -striping • Exterior lighting Patio or decks connected to the building • Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement) • ADA improvements • Signage • Fencing (excluding : chain link, barbed wire, and wood panels) • Demolition of structure and (re)sodding of vacant property 5. All work must be done in compliance with applicable City of Boynton Bea Building Codes and Land Development Regulations. All contractors must l b licensed in Boynton Beach/Palm Beach County. Please contact the City Boynton Beach Development Department regarding the proposed work to performed prior to submitting a fagade grant application. Da 6. Maximum Grant amounts: The CRA will provide, on a reimbursement b si il a 50% matching grant for eligible fagade improvements up to a total of iwlen five thousand dollars ($25,000) of CRA funds. 7. Eligible items for reimbursement under the grant program may not have beer, completed and paid for more than sixty (60) days prior to grant approval by tile CRA Board. 8. The property owner, or tenant if applicable, must complete the fagad(; improvement project and submit for reimbursement within 120 days of the granLIJ award. Failure to complete the farade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the gram reimbursement opportunity. Only one 30 day administrative extension will be permitted. Grant funds will be reimbursed exclusively for approved work and approved change orders. 9. The Commercial Fagade Improvement Grant Program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five (5) years from previous grant approval. An applicant seeking a project grant may secure an application from the Boynton Beach Community Redevelopment Agency (CRA) located at 710 North Federal Highway, Boynton Beach, FL 33435, phone 561-737-3256 or download the application from www. catch boynton. com Page 2 of 7 710 North Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 wwwc .atchboaon.com I -- — .... . . ....... rk! KE. An original application with all materials is to be returned to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications will be •considered on a first-come, first served basis. Applicants must take the necessary steps to ensure that their submitted application is properly time stamped to document receipt by the CRA. 3. CRA staff will present the completed grant application to the CRA Board for their rev,jew and approval. The CRA Board conducts their meetings on the second Tuesday of each month. Applicant will be notified of the date and time their application will be presented to the CRA Board. Applicant is requested to attend the CRA Board Meeting in order to answer any questions the CRA Board may have regarding their application. CRA staff will notify the applicant of grant approval or denial. 4. The CRA will administer the Commercial Fagade Improvement Grant Program and funding. In addition to the appropriate City of Boynton Beach building inspections, the CRA will inspect the work to determine the satisfactory completion of the work 5. Applicants may not have any outstanding City of Boynton Beach liens against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the complete satisfaction of lien. Application to this Program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. HIM 11,11--11-41"T U"U'l r1i47' F1 !1, a, 1"AA111 1*19 117:1111111111IN!" o11111111111 1. Written detailed description of the improvements to be done to the property, 2. W9 Form (attached), 3. Copy of Warranty Deed, 4. Copy of Lease (if applicable), 5. Plans or sketches if applicable, 6. Site plan and plant list for landscape projects, 7. Cost estimate from a licensed contractor for the project, 8. Estimated time line, 9. Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, 10. A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", 11. Signage design with colors & materials proposed if applicable, 12. Project color chips I material samples if applicable, and material specifications. Page 3 of 7 710 No Federal Highway, Boynton -Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 IV. REIMBURSEMENT PROCESS Disbursement of grant funds shall only occur when the following documents ffft CRA has received copies of executed contracts, canceled checks (front and back) and proof that the work has been approved by the City of Boynton Beach Building Department. 2. CRA has received copies of final "paid in full" vendor/contractor invoices along with a letter from each vendor/contractor stating that all invoices for the project have been paid in full and/or a release of lien from each vendor/contractor stating there are no outstanding monies owed for the project. 3. CRA has received copies of. final inspection approvals for all permit required w.,ork. 4. Entire scope of work for eligible items is complete 5. Applicant provides "After" photos. i The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subjee,-f to mny exemptions provided by Florida Law. L qe� •kTJU -IQ 1= Miff =11M 311 K11:2 a M#W11M Mi City/State: f% R '2'& I t=:A _&� Zip Code- . a. 9= �Mkl 3aff 3-15E. 3.31 -Fl Page 4 of 7 716 North Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 M W Legal description of the prope" to be improved: Rame of Tenant: if Different from Property Owner 0 f��Wyj UZ, Number of Employees:Annual -7 Payroll: Page 5 of 7 710 North Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 (Pro, ity owner's signature must be not zed) 4 '< _X ------ * Witness (Date) Property Owner ((; �D��i eoe��)i A STATE COUNTY OFKY(&j��cL�Lj-_ BEFORE ME, an officer authorized hy law to administer oaths and take acknowledgements, perscrially appeared tt C hfLr 4 ;:fA, t J. e ri b t, t q who is personally known to me or produced as identii,ication, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FqgEGOING�fl ha se) my hand and official seal in the State and County aforesaid on this 20 day M(I I I 2Q_1 NOTARY PUBLIC My Commission Expires:17 i_+ I T, 2 M ROBYN SILVEA"'4. myCOM missK EXPIRES Ap,-;, Page 6 of 7 710 No Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 Notary as to Principal/Owner's Signatures. Multiple not pages may be used if signing individually. STATE OF C 0 U N TY 0 F D�d BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgement% personally appearedi� who is/are P Il rsono me or produced I mentioned ir TV E IN WITNESS OF THE FOREGOING, I have set my hand and • seal in the State and County aforesaid on this day of g i at..... . . . . . . AM ............ STATE OF FLORIDA COUNTY OF —at � fi 4_dd*1M' A C personally ucod .0. 10MM I uc ff MA C" 0 identif icatiml-,-Mf Wexecl6ite t- e foregoing Agr&embnt for the use and purposes mentioned in it and that the instrument is his/her act and deed. 011 MMI Pd IN WITNESS OF THE FOREGOING, 41pve set my hand a State and County aforesaid on this day of 20 NOTARY PUBLIC I.MX171-7-71 z INIM" ION -M-171, 11 oil I Improvement Grant Program and to comit ly with its content. Page 7 of 7 710 No Federal Highway, Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 vv%vW.CatChbqyL1t2fl.�LQM - - .................... rCROSS FIT CHR'?WAE BUMANG BROQ�� i # ! r The terms of this Contract include all the documents snecirn�4"si t r F # i; ♦rMUM-Mments incorporate(I # i 1. Architectural Plans (rev. 1) rDrawingsby Design # r LLC dated - R , document.number of pages (01 -A, 02-A, 03-E, 04-E, 06-F, 06-P & 08-S) is hereby incorporated into this 2. Specifications — no separate specification sheet is incorporated # this document. Note (asagreed) a. Client to provide reception counter and counter top. } to provide - # fans, to be installed by the builder. 3. Schedule # ' # r - Items — no separate allowancessheetr# Noteagreea- Vanity d) $1500 .00 including installation Ill. Building - client '# to the builder - soleo #. rightf the plans or has the legal r use the plans.buyer agreesindemnify # hold builder # copyright # #-asserted as result of of The client warrants that the plans are adequateand that the builder on _ buyer will be liable for any damages caused by defects in the plans, including, but not limited to, additional material costs, additional labor costs, pro rata overhead and praft. Assuming all conditions are satis-r and weather I'} - } r I CRO, S FIT CHROME BUILDING c a,,s%,,rRACT 1 OTABOF Virst recognizes the condition giving rise to the This contract is notcontingent+ f buyerf#ITITqa= The client agrees to pay 8 totalPrice Of i interior.53.25 dollars to the builder for construction ! !. f. builder i provide labor, -f f and other services necessary to complete the works. Sjol vor T* V:jave r pinog c:.,r ff ';131 iC , Upon the signing of this contract, the buyer agrees to Pay -122,0_00 dollars to the builder as af deposit. The client will make the following • payments: $20,000.00 deposit required to commence with - building + f - i11 01 due afterdrywall inspection * $20,000.00 — due after plumbing final 1 balance due upon inspection The client agrees to ma- a final payment amount of days of client's final inspection and acceptance of the property. The client is not entitled to possession until after final payment. Allowanceftems contractThis no addiltional allowanceother those f ! in item 11.3 above. not made in a timely fashion shall incur d I rate from e ay t e payment is due. If the client fails to pay the builder within seven days of the date the � �-jmei .... . .. .. .. . it `IiAkie kzA ITwDalider may * + rk and May keep the job idle until such time as payments due to the builder - paid. the builder payment delay, this is not to be construed as a waiver ofhis rightsRStopwork if future payments are delayed. If there are any cancellations to this contract by the client prior to the work being performed, the client shall bear the costs of all materials /merchandise purchased. materials /merchandise .,+`, bereturnedshallbe Cge i shall pay a 30% restocidng /return fee, in addition to an hourly fee of $75.00 f or any and all work performed up to the cancellation date. In additional, there will be a $ 1,000. 00 OR 5% of the original contract (whichever is greater), fee for time invested. Custom _ ! `orders #custom#merchandise! ` be returned or refund - d -d; If ..covenantor architecturalw committee requires specifications, _ be # ! b -es connected with them. Any of the client's agents may sign the change order and that signature will be binding upon all of - The client hereby agree to make all requestsfor orders negotiateinstrUctions to, or otherwise for additional or changed work specifications with, the builder's employees or subcontractors. The builder shall obtain all commercial general liability insurance and comprehensive liability insurance necessary to protect builder from claims for damages due to bodily injury, including _ nd for damages to property that may arise out of and during operations under this contract. The landlord shallpurchase own liabilityinsuranceincluding -and casualty the full insurable value of the property and shall name the builder as an additional insured. U C -k--- -3- X11. Access to the Property Site builder.the .! . �• n �, • . ".. - ' . . ' � _ iii . _ . � i _ .. r the defects have be rM, The builder provide - buyer with an affidavit. that all materials and services for which a lien could be filed hav"� for which a lien could be filed have not been paid, and swearing that such amounts will be paid from the proceeds of the final payment. Occupancy will be granted to the client when the client makes a final inspection of -works,signsl i _ and makes XIV. Warranties All warranties are limited wakmff SkUUM7MUMM and are limited to a period of one year from the date of the issuance of a certificate of occupancy. localbuilding code enforcement• _ 4 express warranty is the only provided . - builder. f -;-+,,, Should any dispute arise relative to the performance of this contract that the parties cannot resolve, the dispute shall be referred to a single arbitrator acceptable to the builder and the client. If the builder and the client cannot agree upon an arbitrator, the dispute shall be referred to the American Arbitration Association for resolution- lill'i 111 11 ��iiii III!! III :. - 0 - - 4 t . vR 4 M - 1. The Governing Law and Assignment 1 consent of all parties. I ME contra Shall not be assigned without the writter RACT XVIL Effective Date and Signature This contract shall become ee date it is signed by both parties, We, the undersigned, have read, understood, and agree to each of the provisions of this contract and hereby acknovAedge receipt of a copy of this contract. 7-,y: Christo Hoyer on behalf of Integrity Renovations, Inc. Signature: 9nal Contract M 1. Plans and Specificatiorl M Delray Beach FIL 33445 0:561.900.0235 F: 561.300.2084 Qa Estimate 0 Concrete - new floor complete 1.0 $0.00 $0-00 $0.00 Source of Project Cost FV�, Miscellaneous 4.0 CROSS FIT BOYNTON BEACH $0.00 $0.D0 $0.00 $0.00 Escape door, trim & hardware (supply & ins TENANT INSTALLATION COSTS $0.00 KDO $0.00 615E Boynton Beach Blvd, Boynton Beach. r -L, Integrity Construction & Design Relocate fire sprinklers 1.0 $0.00 4reaDI5 Revision 3 A PROSECT TASKS UNITS 7- -SLp LABOR MATERIAL VEL ($) OTHERC T ($) TOTAL PER TASK 1.0 a ion mr, 6.0 $1mom $0.00 $0.00 $0.D0 sono Subtotal Insurance 1.0 $0.00 $0.00 $0.00 $0.00 $750.0D $760�00 $550.00 Workman's Comp 1.0 $O.DO S&OD $0.00 $0-W $3,000.00 $3=0.00 7&12$'1 -IF Overhead 3.0 $600.00 3.0 $0.00 $0.00 $0.00 $1,800.00 �'�nma WOO Pormh (design& appOceflon) 1�0 $0.00 Mooring $0.00 $0.00 $600.00 $600.00 $0.00 Subtotal $1,600.00 MOO $o -Do $0.00 S4- .00 m Concrete - new floor complete 1.0 $0.00 $0-00 $0.00 $10,875.00 $10.875-00 Miscellaneous 4.0 $0.00 $0.00 $0.D0 $0.00 $0.00 Escape door, trim & hardware (supply & ins 1.0 $0.00 KDO $0.00 $2,300.00 S2.300.00 Relocate fire sprinklers 1.0 $0.00 $0.00 $0.00 $4,950.DU S4,950.00 Sell denady testing 1.0 S0.00 $0.00 $0.00 $M0.00 $500.00 Subtotal 1.0 $8.011 $0.00 $0.00 $18.WA,00 $550.00 IntoHor doors 4.0 S&OD $0.00 $D.00 $450.00 $1,800.00 Interior windaws 3.0 $0.00 $D.00 WOO S350.00 $1.050.00 Mooring 1.0 XOD $0.00 $0.1)13 $0,D0 MOO Wait frarning & drywall 1.0 $0.00 $0.00 $0.00 $6.800.00 $6,800.0 Ceiling - suspended (over storage & toilets) 1.0 $0.00 $0,00 $0.00 $3.000.00 $3,omoo Cat)j , nets & vanities 2.0 $0.00 $0.00 $0.00 $2.600.00 $5,000,00 Subtotal 0.0 $9.00 $0,00 $0.00 $13„1000 XOD Electrical estimate 1.0 MOD $0.00 $0.00 $11,575.00 311,575M0 Plumbing estimate 1.0 $0.00 $0.00 $0.00 $6.500.00 $6,500.00 Electrical - auto shut off equipment 1.0 $D.00 $D.DD $0.00 $400.00 $400.00 Painting 1.0 $0.00 $0.00 $0.00 $3.750.00 $3,750.00 Ceiling - spray underside ofooncr9ta, 0.0 $0.00 $0.00 $0.00 $4,225.00 $0.00 Glass & mirror 1.0 $0.00 $0.00 $0.D0 $550.00 $550.00 Tile {supply & install floor & wall files) 1M $0.00 $O.OD $0.00 $2,529.00 $2.529.00 ADA grab bars 1.0 $0.00 $040 $0.001 5300.DD $300.00 Reception counter & top (by owner) 0.0 $0.00 $0.00 $0.E0 $0.00 $0.00 Subtotal $0.00 $0, $0.00 $29,822.90 S29.829,00 Margin x cost $12,001325 Punch fist allowance 0.0 $0.00 $0.00 $0.00 $1=0.00 $1,000.00 Miscellaneous 0.0 $0.00 MOD $0.00 $0,00 XOD Subtotal $6.00 $0.00 $OAD $1.00040 Subtotals $91,25425 Risk (Contingency) 0% Total (Schedulled) Ullftlelrbac�, TI[,wa.,,, �, 1� -------------- . 7 --- 7 From: Roman Spencer Fedo <sport679@aol.com> Sent: Tuesday, April 07, 2015 4:46 PM To: Utterback, Theresa Subject; Fwd: Boynton Beach CrossFit - Construction Attachments: image003Jpg; CrossFit-Project budget-rev&pdf, Binder-crossfit-construction-revO.pdf Appreciate your time, Roman S. Fedo World Innovation-PrnAw-tsJJ-C. West Pahn Beach, FL 33414 ----- Original Message ----- From: SSC Design Group To: 'Abe Dababneh; 'Roman Spencer Fedo' Cc: 'Chris Hoyer' Sent: Mon, Apr 6, 2015 03:04 PM Subject: Boynton Beach CrossFit - Construction UMT49- 7-INETIN Second fire escape door $2,300.00 -' Door Additional drywall $1,300.00 F.V074V 74 1 "10 M. r, =- 1 19 1 0=1 I Additional emergency signage $410.00 Workman's compensation $30100.00,-�-1, 19 74 - bmtrcom "el 41" IFUTEYk 1=1I BOYNTON WAMBE RA CRA BOARD MEETING OF: June9,2015 X I Consent Agenda I I Old Business I I New Business I I Legal I I Information Only Other SUBJECT: Approval of Commercial Facade Improvement Grant application submitted by The Boardwalk Italian Ice & Creamery, LLC for the property located at 209 N. Federal Highway, Boynton Beach, FL. SUMMARY: The Boardwalk Italian Ice & Creamery, LLC has applied for the CRA Commercial Fagade Grant for reimbursement of eligible items under the grant terms. See Project Cost Breakdown for the list of exterior improvements. The total cost for the exterior improvements is $63,719.26+ The Commercial Fagade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements up to a maximum grant total of $25,000. Any unused grant funds will be rolled back into the program. FISCAL IMPACT: Maximum of $25,000 - Project Fund 02-58400-444 r 10 ! 1.111 U 1121 '1! 1piq ig-'' 11, ql'� ''i 11 1 111� � 1111 RECOMMENDATIONS/OPTIONS: Approve the Commercial Facade Improvement Grant application for the maximum amount of $25,000 as submitted by The Boardwalk Italian Ice & Creamery, LLC for eligible exterior improvements at the property. located at 209 N. Federal Highway, Boynton Beach, FL. 51 V -Z' 0 Michael Simon Assistant Director ra I • too "a 4' r- —,, E 12 -T Ec) 0 o u W ra 0 = w — 0 u -E E- 0- E m ba L) 'o cu J B = K ca a 10 u LU r w Q_ 0 bo OL cr 0 CL Li - U u CL r2 < r co x u ui • rn 0 11 I- 11 4Eligible improvements for this program includel w' DOWFafte axWor- ::H' improvements Exterir ►' _ ► 4+, Landscaping g ► r the building Irrigatbri ParMn:,► lot nHmving,- -. Exterior S .g _ Pago or docks connected to the buUdIM Exterior wall repairs (e.g. stucco, brick Or WOW Maim and replacement) ! improvmenls Signap Fencing 'b 1 g chain 1=" Ian 1vAre, andwood panels) Demolition of struckft and (re)soddlng of vacant properiy S. All work must be done in compliance with applicable CRY of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed Boynton County.contact Boynton ,I , _:h DevelopmentDepartment proposed .''I, " o be performed prior to submitting a fagade grant application. S. Maximum Grant amounts: The CRA will provide, on -a m1mbLr12Wnt A 1 I! for eligible "' Iimprovements,provided applicant's project budget, UP to 8 total Of WentY five thousand dolla ($25,000) of CRA funds. 7. Grant funding amounts Wit be based on the aPPlicants project at the time �# . .' CRAapproval. budget Eligible - r reimbursementunder- grant program Rhavebeen completed and paid fbr more than sbdy (60) days prior to grant approval by the CRA Board. :r r` Property owner, R r tenant V applicable, must complete the fagade Improvement Ptojed and submit fbr reimbursement within 120 days of the grant award. Failure to complete the fagede improvements in a timely manner V6411 result in the property owner,tenant losing grant reimbursement opportunity. Only one 30 day r I,! All fe ♦ed "R. •r approved work and Commercialapproved change orders. 10. The : (# Improvement R R only be i R one time In any five year period for any one property. Properties may reapply for additional grants any time after five (5) years from previous grant approval. Initial Pop 2 of 7 710 North Fedeml Rjaway, BOYMOn Bawk FL 33435 -737-3 1-737-325 5. Copy of Lease (W applicable), 6. Plans or sketches If applicable, 7 Site plan and plant list I& landscape projects, & Estimated time line, 9. Evidence of financial ability to pay 1br the project (approved loan, casil- M! Include10. A minknum of fbur (4) 3D x W color ubelbrie photos of the project which must / .i 11. Signage design with colors & materials proposed If applicable, Project12. color +material lid CRA has received copies of executed contracts, canceled checks (frord and back) and proof that the work has been approved by ft City of Boynton Beach Building Department 2. CRA has received copies ot final 'paid in fur vendor/contractor invoices along VAth a letter from each vendorlcontractor stating that all Invoices fbr the project have been paid In full and/or a release of lien from each vandorloontractor sfttlng there are no outstanding monies owed 1br the project. 3. CRA has received copies of final Inspection approvals fbr all permit requirei- ! `r Entire scope of work 1br eligible items is completed, Applicant Provides "After" photos. L 01 I Name of Tenant I!j V Dftrent from 7 Propero Omer Email Address: Name of Business: ,o Property Address: MOM !MPMGMGnW are being made. City/State: Zip Code: Years of Operation: D Number of Employees: Annual 6 Payroll.. Number of Employees residing In Boynton Beach, 11A,Aq M Pap 5 of 7 i. Fedwal Highmy, Bea& FL 33435 -Phwf- 561.737-315jV�R�.14A�� Property Owner Pap 6 of 7 710 North Federal Highway. BIN" �T- J34-Ij :1 111''111 IIJI�I v ture must be ndw&ed) ts *ess STATE OF FLORIDA i J Od COUNTY OF BEFORE ME, an officer duly Fi?»>•ii ice;'-"��'� � � f� l�l.'�.# �,. 01 Page 7 of 7 171ST} 1 cry-acona Dr Riviera [leach. 1:133404 hnih.Nolutions I -it %ahoo.con, C(A.' I i-,2345 Micheal %ain 231 5andr4whain Road CherTN, I lilt N j ()S()O' Eslimale No: 5 7 Date: 2 4 21115 0 Demo- Interior wall as spec on plans.bathroom. cut concrete 1.0036,760-00 $6,760,00- / Y '� 3:7. S'O Electrical- sub to electrical contractor done to plans 10028.600.00 jj2B,6Q04)0&- Plumbing— sub to piumW,, r contractor done to plans (you have 10014,250 00 $14250 00' information on plumber) No fixtures build out- New wall layouts for bathroom wall (metal studs with drywall). 1.0013,650 00 S13.6%001 kitchen wall area (metal studs and drywalO install cabinets in service area according to plans with countertops 1 0OB4,290,00 "# !1' outside wall area (Pour new stab and block wall), outside finish of 1.0036.525,00 S6.525.00* existing building and intens in drywall. front door blocked in as according to plans finshed out to match existing and interior drytvall (matching existing texture maybe off a litte) interior ceiling support beams to plans spec 1 .0035,500,00 55 500.00® bathroom door. pass though door (between kitchen and service 1 0055 685.00 $5M5,001 area).Front entry door with glass and rear exit door from kithcen (soild) and customer area with glass painting insidewalls white, pafnt ceiling white. bathroom v;hite kitchen 0055.43TOO $5.437 00* while- office white. paint outside (color to be determined.) (you have person) build out- build deck to plan sns (simple deck est without plans from architect) (you person) 'tuild exterior fence 16' with a 4 gate (you have person) 1 0031.720.00 $1.720.00' Pro I A t I -ATI+ mirl--fLiku I After 2 20 dumpster «w4<«? build will be a extra charge, any missed or change orders will extra charges Lo, fil ijfp"m So I it I 7aI $116-388.111) P--: Customer Informatton Michael Swain 233 Sandringham ad Cherry Hill, New Jersey 1'11 !� �•i ■ �. 6;. ! r R : ► WORK:i BLOCK AND FLAT CONCRETE FLOORS AND WALL COLLIMS, STEEL REBAR, AND STEEL PLATE FOR TIE BEAM Subcontract, ! INTERIOR2. WALL WORK,R. PLAN (METAL OR WOOD STUDS) WITH 5/8 in. DRYWALL TAPED ■ FINISHED TO A LEVEL 3, APPROX 74 LF OF NEW WALL, AND APPROX 100 SF OF NEW DRYWALL WORK ON PA sTE: ADDITIONAL COSTOVER 1 OO Subcontract, 3. ! O. !IO- DOORS: (NO DETAIL ON TYPE OF DOORS) SPEC, EXTERIOR DOORS TO BE SINGLE LITE IMPACT, OR DOORS TO BE S/C FLUSH(SMOOTH) Date 11,000.00 r5stimate# 2/1912015 15,000.00 219156 Customer Job Michael Swain (My RMe Amount 11,000.00 11,000.00 1,000.00 1,000.00 15,000.00 1 ,0 0.0 !«fu ASSOCIATES, INC. 3640 Investment Lane Unit # 16 Riviera c , Florida, 33404 51-4-286 C 037354 ww� 2119/2015 Customer Michael Swain Estimate 210150 Job Material, per 1 3,200.00 3,200.00 Labor, per 1 2,400.00 2,400.00 EXTERIOR4. FEC 15 LF WITH A 3/0 a in. GATE PT SHADOW BOX DESIGN Subcontract, per unit 1 1,000.00 1,000.00 5. EXTERIOR WOOD C X 110 SF,( TIL ON SPEC: 5/4 in. DECKING PT OVER SLEEPER FRAMONG ON CONCRETE ( I IT ) Subcontract, per unit 1 1,300.00 1,300.00 6. I TIL OR SPEC ON PALLOWANCE OF 4000.00 FOR BASECASING I , OR COMBINATION Subcontract, per unit 1 4,000.00 4,000.00 . I TILALLOWANCE F 3.00 PER SO FOR MATERIAL AND 3.00 PER SO FOR INSTALL TTL OF &00 PER SQ LABOR AND MATERIAL APPROX 1075 F Material, per SF 1,075 3.00 3,225.00 Labor, per SF 1,075 3.00 3,225.00 8. PAINTING: f TE I X ICOLORS,1L! WHITE,LL Subcontract, r unit 1 10,000.00 10, 00.00 1. ALL ROUGH AND FINISH, BATHROOM FIXTURES (TOILET, 'I LAV SINK D POU WATER HEATER) INCLUDED, ALL OTHER FIXTURES (EQUIPMENT LIST) SUPPLIED BY CUSTOMER, INSTALL OF BASIN SINKS INCLUDED. per unit 300 AMP SERVICE (50'DISTANCE FROM POL TO METER BOX) (OVER 50' 0 22.00 PER FT) Subcontract, er unit 1 2.INTERIOR WIRING (DEVISES AND INSTALL OF FIXTURES) 11 0V Subcontract, per unit 1 3. EQUIP SERVICE: ( HVAC AND ANY OTHER 22V SRVC EQUIP) 220V SRVC Subcontract, per unit 1 -,AcMAHON & ASSOCIATES, INC. Estimate 4. EXTERVIOR I L TO SINAGE (NO DETAIL ON PLAN) ALLOWANCE FOR SRCE OCATON I Subcontract, per unit 1 1,000.00 1,000.00 5. PARKING LOT LIGHTING (NO DETAIL ON PLAN) ALLOWANCE 2500.00 PER POLE AND LIGHT Subcontract, per unit 1 2,500.00 2,500.00 6. FIXTURES: ALLOWANCE 6400.00 (NO DETAIL ON PLAN) Subcontract, per unit 1 6,400.00 6,400.00 Subcontract, per unit I I 1 10,000.00 1 10,000.00 NOTE: PLANS DO NOT SHOW ANY FINISH ON WALLS,TRIM,FLOORING, SEE ALLOWANCES IN ABOVZ DESCRIPTIONS. 0 1• M11-alrom 11:3 61 Igo I Iji f wig ff'ovel-o i"q m =2010:1 A V.11:103 a wiv 1 A I 21f -Project Subtotal 121,050.00 10.00% Overhead 1 12,105.00 12,105.00 10.00% Profit 1 13,315.50 13,31&50 *Markup Charges 25,420.50 *Project Total 146,470.50 BRICAR ENTERPRISES, YNC. 3015 Dunlin Road Delray Beach, FL. 33444 Phone. (561) 276-6579 State Licensed Build' !U Contractor CB0059596 Fax: (5611276-6560 Project: BOARDWALK ITALIAN ICE & CREAMERY, Boynton Beach, FL Date: 2/16/2015 GENERAL CONDITIONS Permitprocessing; Project Mobilization; Project supervision; Engineering testing; Rubbish Removal; Temporary Toilets; Casual Labor; Final clean; PermitCharged at Actual cost DEMOLITION Demolition of interior walls and select exterior masonry walls; Demo planters-, Demo plumbing / electric; Cut & remove concrete slab for new plumbing and new watt footer; Excavate for new footer; Place debris in NCRETE / MASONRY/ FOOter for new wall; New masonry wall with tie beam; In -fill masonry at METALS A/C and door removal; Concrete slab at new plumbing and at expanded area at now masonry wall; Steel plate at existing tie beam for masonry wall CARPENTRY Backing in walls for grab bars & cabinets; Wood baseboard on all walls; Wood decks; ence IN =%R1119 I "I Wall caps on low wall at serving area. Cabinets by owner. DOORS / HARDWARE Specifications for doors and hardware are not provided. The an�077_efor exterior doors is $450 each. The allowance for double swing kitchen door with window is $450. Hardware allowance is $1,000. DRYWALL: New drywall partitions with sound insulation per drawing; Furred wall with insulation on new masonry walls only; Framing and new drywall ceiling at Customer Sales / Service Area; New dry -wall over existing ceiling in other areas; FRP on all kitchen walls up to -PAINTING: Exterior and interior, I WON U1 N MM ESnMATE BREAKDOWHIg0 Project:BOARDWALK ITALIAN ICE & CREAMERY, Boynton Beach, FL Date. 2/16/2015 Light Fixtures / equipment provided by Owner. Total Hard Cost: Contractor Overhead / ProfrL-.,m U�� 201510030 ELECTRICAL QUOTATi ", t t .i r, . {{ t cpt� _,t Attention: Michael Swain Date: April 01, 2015 Project Title: The Boardwalk Creamery 209 North Federal Highway Boynton Beach, FI. 33435 Biscot Electric Inc to provide the following: Furnish and install electrical service and interior panel with branch circuit breakers as per plans. Business owner and related staff to provide the following: All materials, labor and workman's compensation insurance for The installation of all interior power wiring, lighting outlets, switches, ceiling fan outlets, lighting fixture installation, fan installation, general purpose outlets, tankless water heater power wiring and connection, a/c power wiring and connection, parking lot lighting underground conduit, pole lighting installation, sign lighting power and connection and related timer device. Biscot Electric Inc will supervise all of the electrical installations provided by the business owner to insure work meets current NEC standards. Exclusions: City permit fee, load calculations, as built drawings, electrical demo work required for new wiring installations. 201510030 ELECTRICAL OUOTATION and related specffications Cost of materials, labor and job supervision Fifteen Thousand Four Hundred Seventy Dollars ($ 15,470,00). Accepted By. m I f }� •� 0 I 1� Fj LU OU D xi a. w < 0 I 1� Fj 0, -i " "TS IGNS, Line Item Total: Page 1 of I ' $450.00 "0 Subtotal: More tst. More than slgns.' Estimate 89-27093 FASTSIGNS $3,354.75 2001 10th Avenue N, Ste 2 Estimate Date: 1/12/2015 11.33.-57AM Lake VVbrth, FL 33461 ph. 561-439-4700 Printed: 1/12/2015 11:36:20AM fax: 561-966-1527 Email: 89stsigns.com Customer: THE BOARDWALK ICE CREAM PARLOR ph: (5 1) 339-3932 Contact: JOSEPH HURTUK Customer: 11834 Description: Monument for the Boardwalk Sales Person: Ken Baxter Clerk: Ken Baxter email: joehurtuk@aol,com Dear JOSEPH: It is always a pleasure to talk with you again and I look forward to serving your current needs. The estimate we discuss- - -. eached at 561-439-4700. —1 2= MONUMENT 1 2 27.25 x 80 $2,790.33 $2,790.33 Description: synthetic stucco monument with wood substrate inside for suport for signs and poles.painted in red border and beige background Color: Red on beige Text: 2 PERMIT Description: Color: White Text: 1 x 1 $400,00 Line Item Total: $3,190.33 Tax Exempt Amt: $450.00 "0 Subtotal: $3,190.33 Taxes- $164.42 $ Total: $3,354.75 Em 0 I -3 tN .Fp 0 I W [a] 6fiiSN,ql sPomaLsvg PiFfil"gil lgigI ITIO'llp'llig''1191 im smmma�fl I --------- ---------- - -------- I cs %D I I Ya- U ::m .» Amt ags All UNRUN EEMS FL 331M I MY LIROINMI Offi) $50.00 Thans :ems w: 63045 ES M FEDERN M5 300 203 If FEDERV FMW BDUYNTRU4 ffin0j, FL Ho (NM $61.74 Tommsmubar: W0017 &S M FSEIL Ku a GBDII !ODI #2 Taud ltlsN$ i TWAp1mg amnt #b. 1. 7A lions GIET 51015 TA9 ONCE ZMEM Florida. m LIME This Loam is made and entered into by and between 209 N. Federal, LLC ("Lessor") ant, The Boardwalk Italian Ice & Creamery, LLC Clbmsee") For mW in consideration of the mutual covenants contained herein, Lessor leases to Lessee and Lessee leases from Lessor the Premises, (as hereinafter defin4, consisting of a buildkg cmtaininq al PrOPC* located at 209 N. Federal Highway in Boynton Beach, FL ("the PMperty) hefeinafter dcfmed) subject to the term and conditions of tl�s Lease, (a) Information (1) Date of Lease-, 2015 (2) Lessor: 209 N. Federal, LLC (3) Lessor's Address: 98D4 S. Witary Trail, Suite E I1 Boynton Beach, FL 33436 (4) Payment Address: 9804 S. Yfflitary Trail. Suite E I I Boynton Beach, FL 33436 (5) Lessee: The Boardwalk Italian Ice & Creamery, LLC (6) Lessee's Address. 209 N. Federal Highway, Boynton Beach, FL 33426, (7) Building Address: 209 N. Federal Highway, Boynton Boack FL 33426, (8) Promises. The building shown on the Site Plan containing amoximately 1,070 square feet.. (9) Propertr 'rho commercial real property shown on the Site Plan consMng of appoximately 14,336 square feet, (10) Use: The Pretniscs slail be used as an Italian lea and Creamery engaged in the sale of seasideloarnival/boardwalk style desserts and treaU for on and off Pramim COnsumpdon and such other similar services as may be necessary or incidental thereto and for no other purpose. The Pretniscs "I not be used for any illegal purposes, nor in any manner to create any nuisance, trespass, nor in any manner in violation of existing laws, codes or ordinanam. (11) Term: Five (5) Years (12) Commencement Date, Upon mutual lease execution. (13) Termination Date-, Sixty (60) months from Rent Commencemen4 provided however that if the Termination Date, as determined herein, does not occur on the last day of a calendar month, the Lease Tenn shall be extended by (14) Initial Deposit: $4,664.00 consisting of a scoutity deposit of $2,332.00 and first months rent of $2,332.00. (includes sales tax) (15) Rent Commencement Date- The earlier of 0) the date Leasce o for business in the Premisw or (H) One Hundred EWq (ISO) days from the delivery of the Promises; from the Lessor. (16) MomNy C=w Reat: Year 1 - $2,200.00 per month commencing on Rent Connne=rnent Date (as defined above) and ending 12 months thereafter Each anniversary thereafter, rent shall increase by 3% over the amount charged in the year immediately preceding. The Gross Rent shell molude any and all Operating Expenses, Insurance charges and Real Estate Taxes incurred by Lessor with respect to its ownership of the Property. (17) To Monthly Gross Rent: $2,332.00 (Monthly Ch-oss Rent until adjusted including applicable Florida sales tax.) (18) Extension Option- Number of Extensions: One (1) Length of Extension: Five (5) Years Rent shall increase annually by 3% over the amount charged in the year immediately Preceding. Option Notice. ISO dw1s written notice prior to lease Wrinfividon, subject to teims of Extension Rider. (19) Broker: Gulfstream Commercial Itealty, LLC (20) Guarantor: Joseph M. & Barbara A. Huth&, Michael Swain & Joseph M. Hurftilt, III (21) Lessee's Allowance. Up to $20,000.00 subject to the provisions of the aftachod Lessee's or Rider. (b) Definitions: In addition to the term that are defined above and elsewhere in th4 liense, the following terms are defined hereinafter. (1) "Additional Rent" means all other sums in addition to Gross Rent and ta c Rent that we due from Lm- A3 Lessor. (2) "Building" mcam the building located on the Land (as hereinafter def in ®e the Premises are situated. med. (3) "Property" means the development consisting of the 1,and and all improvements built on and to the Land including without limitation the Bui1ding. and the parking arm, roadways, pedestrian sidewalks, driveways6 whether open Or ciclivery areas, trash removal areas, landscaped areas and all other arm or improvements (as horcinafter defined), (4) "Lmc" means the body of the ]case together with all exhibits, riders and attachments. (5) "Lease Yeae means each consecutive twelve (12) on period, beghming on the Rem Commencernent Date. (6) 'Tusat"mcans the Monthly Gross Rent and Percentage Rent which shall be paid to Ussor, without any prior demand and without deduction or set-off whatsoever. (7) "Term" means the initial tarra and where applicable shall include the ExUnded Term, if any. 2. 1E_W1 The Term of this Lease is as set forth in the Basic Lem Information, beginning an the Commencement Date and terminating on the Termination Date unless renewed in accozdance with Section I (aXIS) or terminated sooner. 3® RENT: NEMM (1) The Gross Rent shall be due on the first W') day of every calendar month in equal monthly installments C'Monthly Gross Rent'). (2) The Rent shall be paid commencing on the Rent Commencement Date as set forth in the Basic 1Am Information and thereafter on the first day of each calendar month. If the Rent Commencement Date is on other than the first day -of the calendar month p Partial month as well as the Gross Rent and any Additional Rent for the next succeeding calendar month. (3) Lessecs Gross Rent fbr each "LAmse Year" of the Term after the initial licase Year sW1 be adjusted as stated in Section l(a), Basic Lease Information. (4) All checks or negotiable draN for Rent are to be made payable to the i1rder of 209 N. Fodwal, LLC or such other person or entity as designated by HEIMMIM r the preceding lease yaw. At the same time Lessee shall pay to Landlord sucV Perceritage Rent as may be due thereon. The percentage reat for each lease year shall be calculated separately for such lease year based on the Gross Sales of the preceeding year and without reference to the volurne of sales for any piior lease years. (2) Gross Sales Breakpoint. The Gross Sales Breakpoint for each lease yew of the initial tam shall be the sum of Two Hundred Fifty Five Thousawl and 00/100 Dollars ($255,000.00). (3) In the event Tenant exercises its options to extend the tam of this A Amement as hereinabove sum of Two Hundred Fifty Five Tbousand and 00/100 Dollars ($255,000.00). (4) Gross Sales: The tBrm "Gross Sales" as used herein shall nican the aggregske gross sales price, whether for cash or otherwise, of all merchandise phone orders, and other income fivm concessioniures. It is expressly undenitood that the following are not included in the tmm "Gross Sales',.- (1) any sales tax or '9d 7rM.A-(.dIARI kv-M-05 3,47MYTT; t3j aiLLowances or 4ushmats granted to customers; (6) sales made by Tenant at discount to employees; and (7) any irrter� finance charges, service charges or similar charges which may be charged on any credit sales. (5) Rmr&- Lessee shall keep complete and accurate books and records of 11MR, ""'' OWNWA WAIR -V�%q '7X-VXWAEUj io�u "ar, alrnt 7 six (6) months after receipt thereof, shall cause the applicable records to be audited in a manner not to unreasonably interfere with Lessees business by a certified public accountant employed and paid by Lessor. lf such audit shall Mja RZ.7w X Kklu RUIR. knot ro exceed $5,000-00) in addition to the deficiency in percentage Rent� which deficiency shall be payable in any event. C UMMUTYMEO-SIT.- (EL) The Security Deposit shall be paid and delivered to Lessor simultaneously with the delivery by Lessee of this executed Lease. (0) 'Me Security Deposit shall not constitute liquidated damages, CON I X—.ON. AND DELI !Y VEI �GF I'HE PmMiSF, (a) All of Lessee's work shall be constructed at the sole cwt Iixpense of Lessee, SII shall comply with all building, safety, fire and other codes and governmental and insumce requirements. (b) Lessee shall have no right to enter to occupy the Premises until the same are tendered to Lessee by Lessor, (c) Nothing contained in this Lease will be deemed the consent or agreernent of documentation to 0 cc the purposes 0 this Section.. Lessor shall be ontided tD Lessee, it will immediately give Lessor written notice of such notice, At leak fifteen (15) days Prior to the commencement of any work (including but not limited to any maintenance. repairs, alterations, additions, improvements, or installations) in or to the Prcni by or for Lessee, Lessee will give Lessor written notice of the proposed work and the names mW addresses of dw persons supplying labor and materials for the proposed work. In addition to the above, Lessor will halve the right to post notices of non-twponsibUity or similar written notices on the Premises in order to protect the Premises against any such liens. (d) Lessee shall comply with the requirements set forth in the Lessee's Work Rider. (e) Lessee shall open fbr business and continuously conduct business within one Hundred Eighty (180) days from the Commencement Date. 'MAT .j.'aND IRETA IR - (R) Lessee shall, at all times, and at Lessees expense, maintain the Premises and the Property in a clean, orderly, safe and sanitary conditionI Lessee shall be solely responsible for the extermination of pest� termite, rodent and organisms fimn the Premises and the Property and, if needed, WWI hire an extermination service to treat the Premises and the Prol on a regular and periodic basis. If requ ested by Lessor, Lessee shall deliver a copy of the extermination service contract for covering these Periodic services, (b) Lessee shall be obligated to repair, maintain and replace during the Term (i) any glass windows, doors and door hardware, (ii) interior walls, floor cove&gs columns and ii M l. - - - - - - - - - - - - - - - - be made only in the manner and arm from time to time prescribed by Lessor, (e) Lessee shall not be permftwd to store any Vehicles in the palcing area ovemight unless said vehicles are integral to Lessee's permitted business and use. ACACY&S-8 �72 (a) Lessee shall permit Lessor, Lessor's agents and independent contractors, during customary business hours, but in the event Lessor deems the situation to be an emergency, then at any time, to enter the Premises for (i) the purpose of making iWonsanj 6-T24-, JQ WwA, e AW, xmnn 11 nt $V !WLe, Yr (W) exhibiting the Premises for lease, appraisal, sale or moTtpge. (b) In addition to the fbregoing, Lessor sWI have the right within ninety (90) days prior to the end of the Tenn, to post sips indicating the Premises me avaable fbr lease. (c) Nothing herein shall be deemed to make Lessor liab)e for the condition of the L�remises. AMONMER�IQR S�UBLMjXQ.I written W (b) In the event Lessee wishes to HSOM sublet or tnMS&r its interaO, Lessee shall -T -� (1) A COPY Of a fully executed (except for the requirement of Lessors consent) I (3) Any further information concerning the assisr= or sublessee as Lessor diesublease between Lessee, as assignor or sublease and the assignee sublessee, as the cam maybe. (C) In addition to the forepin& Lessee shall pay to Lessor a wW amount equal to One mouth of the then current Monthly Gross Rent, payable in two (2) installments. 7he (d) If Lessee is a corporation, parmership, limited liability company or other lop] Ty 0-�W-ITTOLZ&a ", I in the Entity as of die date Ods Lease is executed by Lessee or the creation of an interest in a patty who does not have any interest in the Entity as of the date this Lem is executed by Lessee, shall be deemed an assignment of this Louse that requires Lessor's written consent in accordance with this Section 9. This provision shall apply whether the issuance or transfer is by sale, exchange, merger, consolidation, operation or law or offierwise or whether it occurs in a single transaction or in a series of related or unrclated tamsactions. (e) Ja the event of a permitted assignment of this Louse, or subletting of the Prornises, Lessee shall remain jointly and severally liable with assignee and sublessec and shall not be released from Lessee's obligations hereunder should any assignee or sublessee fail to fulloand-M in writing by Lessor.. (f) 11w proposed assignee shall execute and deliver to Lessor, prior to the effective date of the assignment, a document in form and substance sa&facto*A joLe ssoIi q, to assume and be responsible for all of the terms of this Lem. (9) BY executing the sublease, the subterrunt sMl be dearned to affea to attom to jgyavT-if due to Lome's default or by operation of law, (h) No assignment or subletting is permitted to another lessee or occupant of the Promises or the any reason in Lessor's sole discretion. (i) If Lessor consents to an assignment or a subletting but the term of the assignment requirements of this Section 9. 0) In addition to the rights described above, Lessor shall have the right to deal dirwfly and exclusively with any proposed assignee or proposed subtenant. (k) After the assigrunent or sublease becomes offmfive, Lessor shall have the right to - &MI �eo'iQIQ notifying or dealing with IA=ee. Lessee waives the right to receive any notice from Lessor from and after the effective date of the assignment. NotMthstanding the foregoing, Lessor will send notices of doWt to both Lessee as well as assignee. (1) In no, event shall Lessee, as a result of any assignment or sublease, receive monies from such aw*nee or subtenant hi excess of the amount due Lessor by Lessee under the term of this Lesse, Any excess amount shall be payable to Lessor as Additional Rent (M) Lessor may refuse its consent to the PfOPI transfer on any grounds in Lessor's sole discrefion, and to such extent as *e L-4.n-tr"q ciaga. o er obligations of Lessee under this Lease; (c) the business reputation, experience, background or character of the proposed transferee is not reasonably acceptable to Lesm*v Q -L—, 177; -e UNNONOWIM of Hazardous Waste as defined in Section 38; (1) [Am" has not received assuranm anceir--Odn tv- Lessir ip its vil,� diKpjti-tjs thit allymt Zza, T. i , 5 Lessor, if any, will be paid and all other defaults on the part of Lessee, if any, will be annual Percentage Rent, if any, Lessor anticipates receiving from the proposed transfm= is less thm the average annual Percentage RXM Lessor has received from Lessee during the two (2) years inimediately prior to the proposed assignment or sublease; (h) the transfer would breach any oovoimt of Lessor respecting radius, location, use or exclusivity relating to the Property, conffla with, be incompatible with or have an adverse impact on the tenant mix of the Property; or Lewor's lend" requires consent to any modffication, assignment or subletting, then it shall be deemed reasonable for Lesw to refuse the transfer if the lender does not consent. (o) Lessor shall not be deemed to have consented to a proposed assignment or sublease or otherwise waive any of Lessor's rights or remedies if Lessor weepts a rent payment, a check or negotiable instrunient from any party other than Lessee. including but not limited to the proposed assignee or sublessee prior to Lessor's written consent to an assignment or sublease being delivered to Lessee (a) Lessee acknowledges that Lessee has inspeacd the Premises and the Property and acknowledges that the condition of the Premises and the Property is in good order and repair as of the Commencement Date mid accepts the Premises and the Property in "AS IS" condition, (b) If Lessor is required to complete certain improvements to the Premises prior to Lessee's oampawy, it shall be deemed that Lessee accepts the Premises and the improvemem "AS IS" at such time as Lessee occupies the Premises or within two (2) days after Lessor notifies Less= that Lessor's work is done, whichever comes firsL (o) If requested by Lessor, Lessee shall execute, acknowledge and deliver a certificate setting forth the Commencemerd Date and the Termination Date of this Lease, as well as Lesseds acknowledgment ffid Lawee has inspected the Premises as of the Commencement Date and accepts the Premises in "AS IS" conditiom (d) Lemee has thoroughly investigated the Property and the Premises, the status of zoning and governmental approvals, and disclaims any reliance on Lessor in its decision to lease the Premises for its intended Use. Lessor makes no repruscittatimis or warranties of any nature whatsoever relative to State or local requirements as they affect Lessee and Lessee's Use of the Premises, including but not limited to zoning and impact fees. BLjUFSANT-)kFLG1J1X11 M: (a) Lessee shall abide by and comply with all rules and regWations now or hereafter pireacribed by Lessor for the Property or the Premises or both, (b) Lessee shall neither permit nor commit any immoral or unlawful practice or act in or upon the Property or the Promises. (a) Lessee shall not permit any noxious, foul or disturbing odors to emanate from the Premises. (d) Lessor shall have no duty to enforce any rules and regulations as againg any other teriant or occupant of the Property. Lessor shall not be liable to Lessee for violation of (f) Lessee shall be solely responsible for compliance with the ADA within the ProDertv and the 1--wg%ps vid too A Ifi (9) Without limiting the generality of the foregoing,Lessee shall be responsible for the Lessee to bring the Property or the Premims into complianm the Lessee shall &MINTMIM 44 *t (a) All additions, fixtures or improvements ("AdditiorW) which may be made by Lessee shall become the property of Lessor, remain upon the Promises and be .-M R 3R f (b) If requested by Ussor, Lessee shall at the termination of the Lease, at Lessee's expense, remove Lessee's all or a portion of the Additions as well as the signage, insignias and the like on the exterior of the Promises and the pylon sign, ff applicable, repair all damages caused either by the installation or the removal of the foregoing and deliver a vanilla shell in Re -new condition. This provision shall survive the termination of the Lease. 13. LQMPLJANUWrI'H LA . KS (a) Lessee shall, at its sole expense, abide by and comply with all laws, ordinartm mid regulations enacted by those governmental entities, whether federal, State or munioipal, having jurisdiction over the Property or the ftemises or the use of the 9 Ott,. (b) Lessee shall pay all ofthe ccsts� liabilities, expenses, fines, penalties and damages vAjob 1g, 41 ij Y"M Pr—VtV--,MffTf,"---FTp1 Or LEE nonce To Lessor and in no event [ater am rive days after receipt by Lessee. 14. 219MNIII-AN22MMANU: attonleys' fees and court costs through trial and on appeal including attorneys' fees k 6 wai" W!i!'Z NOW "I -I -, AVIN —M (As defined in Section on, or about the Premises or the Property. �r aay (b) Lessee shall, at Lessee's expense, take out and maintain throughout the term of this lease (including any renewal terms(s) if any) in the names of the Lessee and the Lessor and naming_IhL AjQ&wv-m ' " .0 V - - -p - - respective hrtei� appear, the fbIlowing insurance - (i) fire and standard extended coverage insusimce including sprinkler flood and collpse. in an Ourd it 'ONA " 6120A i Ala I ulowill is Xe iy name, togeUff MY standard mad jorm boiler and machinery insurance coverage if it applies; business interruption insurance in such amount and for such risks as would be carried by prudent tenants; comprehensive Sweral liability, contractisj liability, noowned automobile liability and owners' and contractors' protective insurance coverage, written + i !r- .1411 1-14. fir injiwy to any one or more persons, or property damage, or such higher limits as the, Lessor requires from time to time, and containing severabty of interests and cross -liability clauses; (iv) pollution and remediation legal liabty insurance to cover the risks associated with the handlin& fftorap, use� disposal, and possible release of Hazardous Substmices at the Premises in the face amount of $1 million, if request by Lessor; (Y) to glass insurance; (A) builder's risk insurance during the coum of construction, so called 'Vram Shoe' insurance if alcoholic beverages are sold by the Lessee for on or off premises consumption; and (viii) any other form of insurance as the Ussor may reasonably request from time to time. (C) Lessee's policies will: (i) contain the Mortgage's standard mortgage clause and , wo"i delivered to the Lessor simultaneously nrocricement Date. (d) (i) If any insurance policy is cancelled or threatened by die insurer to be i6mila;, or fails to remedy the condition giving rise to cancellation, threatened cancellation or -rAI-66*1T nfVnV=r"n U14 WO IM11 "M W _t�%4YJ , (ii) The policies shag be delivered to Lessor within three (3) business days hom the Commencement Date and with respect to cgovw-o.j�- Yjyjgg_gjaj ", jjtj� xmnancz poncics requirea nerem. A401tiOnally, Lessor m -e the right but not the obfig*ion to obtain such policy or policies or such additional coverage if not obtained afler giving Lessee five (5) days' written notice, the cost of which shall be paid by Lessee with. ten (10) days' demand by Lessor, as Additional Rent. (e) Lessee shall also comply in a timely manner with all occupational, professional and licensing requirements applicable to Lessee's use of the Premises. Lessee shall safety and regulatory officials havingiurisdiction over the Property or the Premises. (f) Lessee shall comply with any and all requests made by Lessor's fire or liability insurers with respect to the Property or the PMnises, or both, at Lessee's cost and expense. Lessee &hall pay any increase in Lessor's fire liability or other insurance premiums ever and above the rate in effict ; I I t ----------- a ;�MitTra a4 i -Ar. - 3 -I M." 16. LLISS�,E,S 10IIEJKTy ANj2MJpNIKaS -, �, -10 � ,a) AD of lessee's property placed upon, or moved Wto the Promises shall be at Z7 2ole risk of Lessee, (b) Lessor shaff not be liable (1) fbr any damage to any of Lessee's property or to Lmee or any third Patty, arising &om the bwvtmg or leaking of water pipes, roof; or 17- COMIN AIM: (a) In the event the entire Premises dall be appropriated or taken under the power of =inent domain by any public or quasi -public authority, this Lease dWl terminate and expire as of the date of title vesting in such proceeding, and Lessor End Lessee shall thereupon be released from any further liability hereunder. ........... .......... the original floor ammw and Le r shah. upon recaipt of the award in condemnatiom make all necessary Alm—.AR mie ty&P- t. T A -44 - for the value of the diminished fee. (0) If in the reasonable opinion of the Parties, the tak� renders the Premises untenarriabIC Or the Property commercially not viable, Lessor or Lessee N& by vii-iml, of the nodce. (d) If this Lease is terminated as Provided in this Section 17, the Rent shall be paid up to date that possession is taken by public, authority. (e) Lessee shall not be wtitled to and expressly waives all claim to any condemnation award for 4ar whether the leamhOld Or to the fee although Lesm shall have the right, to the extent that the same shall not reduce Lessor's award, to claim from file condemor, but not from Lessor, such compensation as may be recoverable by Lessee in its own right for damage to Lessee's business, fixtures and improvements (which by the terms of the Lease am to belong to F,W= as of the end of the Term or Extended Term. if any) Installed by Lessee at its exMense. (a) In the event that Lessor is required to do so by any g0VcrnmenW agency or service &VAer, WI- RUNI'4 including but not limited to cleotricity, truh removal, telephone, gas, water, sewage disposal and the like. Installation shall be at Lessee's expense, W MA �Tml MWA Yty N11161 i -I Ni W04MURAIWI ;;i;�fees costs of meterin& repairs to equipmew or any appurtenant parts as well as such charges as may be assessed by the providers. (0) Lessor shall not be liable for any interruption or failure whatsoever in utility services and Lessee agrees to took solely to its business interruption insurance for Mov of an losses or dwn .. wrryx X 19. MEIMICAMENI: Upon payment by Lessee of the Rent herein provided, and upon the observance onnance of all terms i"WOMM, AIN LQ0111VIII (a) Provided that Lessor does not relocate Lessee during the first twenty four months of the initial Lease term, following the Lease,s Rent Commencernent 1),W, Lcssor reserves the right ftom time to time during the Term or any extension thereof, to relocate Lessee to spaw elsewhere on Federal Highway or Ocm Ave in Boynton Beach as &TIned in the attached Relocation Rider, (the "Now Premises') of approximately the Sam size as the Premise& (b) If Lessor elects to relocate Lessm Lessor shall give to Lessee notice not less than ninety (90) days Prior to the date Lessor intends to make the r&imflon- UT,4,n �f 1 it =4110 IMIW 1 1 advaned written notice to Ltasor. (c) If Lessor relocates Lessee to the New Premises, Imsor shall Pay reasonable ditect-out-of-pocket expenses of Lessee in moving from the Premises to the New MIN 'ZI "JIL provided Lessee akealy occupied the Premises. (d) Lessor shall not have any liability to Lessee for loss or damage of LesswIs property or business arising_ in connection with movk t*ut! to the gross negligence of Lessor, or persons acting on 1C of I=sor. (e) If a relocation occurs, this Lease and each and every of its covenants and conditions shall remain in full force and effect and the same shalt be deemed coil, WIN "OK146M, fibq'IIIWM� 21. S131 IN Lessor shall have the unrestrictot! right to convey, transfer, mortgage or otherwise encumA', the Premises. N This Lease is and at all ft(is shall automatically be subject and subordinate to all 1 adaia--S-4r6 &-it iY T; -L q HO which in any way affict the Pranises or any interest therein� and to 0 recastings, renewals, modifications, consolidations, replacements or extensions of any thew 11"146 it i� - (c) Lessee shall execute any an1 all documents or instruments requested 4y Lessor or (d) Also, . if requested by Lessor or by any mortgsgee� Lessee shajI execute an estopoel Certific ARAM ERE MWIT4 VM �—�rk rml ill!:::: 111143 VW, (0 If Lessee fails to comply with tha provisions of this Section 21, it shall be deeml a default in a000rdanoc with Section 23 of this Lem. 22. POSM1,4§11Q-�JU ---------- IMMM 0 form and 9111348110e satls&Mry to Lessor and to the morkpgee, evklencing the modifications, provided, however, dug the modifications do not Increase Lessees ,MOM91Y obligations under this Lease or materially and adversely aftect Lessees fkasehold interest created by this Lease. 23. EMY .QE MDE (a) If Lessee shall' (i) fuils to Pay to Lessor the Gross Rent, Percentage PCnt or Additional Rent I A Proceedings, (Vi) if Lessee is a franeMMsee" ifff defaults under the terms of the filwlise agrmnent, thm Lessee shall be in default under the terms of this Lmse (b) If Lessee shall be in Dcfikult� Lessor will have any jmd all righ" and remedies which the law of Rib RTq fW1 �4 TI 1 4 WIN77'. (c) If Lessor elects to terminate this Lem for Lessee's Dckult and if at such time there remains any unapplied Security Deposit, then Lessor my (without waiver or impairment of Lessors other remedies for Lessee!& Default) retain the Security Deposit as liquidated and agreed upon damages as actual damagas am difficult to ascm-tain as of the execution of this Lowe, and Lessor shall, also have the further right in swh instance to immediate possession of the promises. (d) If Lessor cannot terminate this Lease because of applicable hankVtry law, then Lessee. as a w j-6 (a) Notwithstanding anything in this Lease to the contrary, and without limiting Lessoes other ri is and remdies provided for in thi F and pursue all of Lessor's rights and retnedies under Section 24 hereunder. (f) Lessee may not remain within the Premises after the day the Lease expires without Lemes written approval. With Lessor's approval, Lessee shall become a tenant at will and as such holding over shall not constitate an extension of this Lease. Dining such holding over, Lessee shall pay two hundred percent (200%) of the Rent in effect as of the expiration date. If Lessee holds over without Lessor's written consent� Lessee shall be a tenant at sufferatice and shall pay twice the then effective RM until Lessee surrenders possession. Nothing contained herein shall be interpreted to grant permission to Lessee to holdover or to deprive Less -or of any rights and remedies with respect thereto. (g) All of LeSsee's covenants and obligations contained in this Lem are independent of Lessor's covenants and obligations contained herein. Lessee shall neither be relieved from the performance of any of Lessee's covenants and obligations (mcluding, but not limited to the obligation to pay Rent) nor entitled to terminate this Lease, due to a breach or do&uft by Lessor of any of Lessoes covenants or obligations. 24. REK�—DZA CI&IU J,&UVE (b) The election of any right or remedy by Lessor shall not be deemed a waiver of any Other right Of remedy of Lessor under this Lem or otherwlse, 25. AIIPKNEYUM��: MANOjWjAl �,JENRU, IInAjjrqR M�7,r T'JI41tr (b) If any lawsuit is brought in connection with this Lease or the Promises, th-- non- WIXOM (c) If the non -prevailing party fails to pay any amounts that am due tc) the prevaijjnj� 4arry in accor (a) The f8flum of Lessor to insist on the perfonnance or observance by Lessee of any one (b) If the Lessee ffils to pay Monthly Gcoss Rmt, Percentage Rent or Additional Rent when due, Lessor may bring suit for termination of the Lease and eviction widiout the necessity of a demand or written notice of any nature for payment for such Monthly Gross Rent; Percentage Rent or Additional Rent. 27. M—S Lessee shall look solely to Lessors ownership interest in the Property for the (b) No other Property or asset of Lessor, reid or personal, tangible or intangible, shall be sublect to 28. RKAADON CIAS- Radonnaturally occurring radioactive gas thst� when it has aerumulated in a 29. QEN I) M ; 'Me tenns "Lessor" and "Lessee' shall include the singulu, the pluML the nlmscdinhe feminine, the neuter as well as, the heft., successors, Owcutors, adin Str (a) The Captions of the various paragraphs of this Lease have been inserted for the purpose of convenience o*. 31. QQAJNT1� 32. EF09BRECEEMA&M, (a) Lessor does not warrant that any of the zervices that Lessor may supply will be &ee from interruption. (b) Lessee acknowledges that any one or more of such services may be suspended by reason of accident repair, afterations or improvern", by strikes or lockouts, by reason of opmwflon of law, acts of war, terrorism, and bioterrorism, or other causes beyond the reasonable control of Lessor, No such interruption or discontinuance of service shall ever be deemed an Metion or a disturbance of Lessee's use, enjoyment and possession of LL or any part thereoC or render Lessor liable to Lessee for damages by abatement or reduction of Annual Grrm Rent or any Addonal Rem or relieve Lessee from the performance of any of Lessee's obligations under this Lease. 33. ALTERATL ON&� tbe cOvc=t of Quiet Enjoyment to (i) aher� add to, subtract fimn, or rearrange the rir (b) Notwithstanding mything contained in this Lowe to the contrazy, Lessee qpvcs sum equal to all legal fees. costs6 and disbursements, mcwTed by Lessor in any way related tD, or arising out of, such action or proceeding. (c) Notwithstanding anything contained in this Lease to the contrary, in the event (a) For valuable consideration and as security for the payment of rent and other charges reserved or becoming due hereunder, Lessee hereby grants to Lessor a first security interest in the following described collateral. (1) a:t inventory, equiPment and other Personalty placed in the Premises during the term of this Lam; and (2) all of the proceeds of said inventory, equipment and pwsonalty� (b) Upon the requt*t of Lessor, Lessee sW execute such Unifonn Commercial Codc. Financing or other Statements as may be Mquired to Perfect or maintain such security interest. (c) Said lion shall constitute a first and prior cotitractual. lien and security interest on the callatEMI 0 -f L 35. j1ROKERS � IWO I IM, "MORW", .0100, M PM VIE`] 1 t14QUil I OiPM NI OF1,5i 36. 1ZOIL45,ENT To Fo& ANr) wAyvpR oF jUp ,y TXIA�L (a) The Lessor and Lessee agm to the jurisdiction of any competent Florida or Federal court A in Palm Be --,- CLAIMS OR THIRD PARTY CLAIMs, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS LEASE. (c) Lessee certifies that no repregentative or agent of Lessor 0, its comsel has L representedqV , ex�� or othe -WN 11 -p�� jwt�- seek to enforce this waiver of right to iury trial provision. Lessee acknowledges that Lessor has been induced to enter into this Lease by, inter alia, the provisio= of this Socdon. 37. mo -p 39. (a) Lessee warrants and represents that Lessee will, during its occupancy of the PremisestYx x x t. Emsy, (as defted below). (b) For the purposes of this Section, the term ,Hazardcus Subganon,, shall be interMted broadl. to Include but not be lirr' e ------------- . . . . . . . . . . . IM -T JLEE environment or (11rectly by ingestion through chams, will or may reasonably be anticipated to cause death, disww, behavior abnormalities, cancer andtor genefir, abnormalities, and .A petroleum based derivatives. (c) The Proon$ of this Section shall be in addition to any other obligations or liabilities Lessee this Lease. (d) Lessee shall indemnify and hold Lessor, its shareholders, partners, lenders, employees, or agents harmless from and against any claims, penalties. f a, costs ti k 011 ines, damage WMI indemnities in this Section 38 shall survive the termination of the 39. INQ PAMIN Nothing contained in this Lease Shall constitute or be construed to be or create a the relationship of Lessor and tenant, Any notice, request demand, consent approval, or other communication required or permitted under this lease must be in writing and will be deemed to have been dcliv it is intended at itsaddress set forth harem. in which case, the effective delivery daft WWI be the fifth (P) day aft posting. Eiffiff lAssor or Lessee may add add`ti oual addresses or change its addms for purposes of roccipt of any such communication by giving too (10) days prior written notice of such change to the other party in the manner prescribed in this team. Lessor: 209 N. FoderaL LLC do GuIlimmin Property Managernent, LLC 9804 S. Military Trail, Suite E 11 Boynton Beach, FL 33436 Lessee: The Boardwalk Italian fee Creamery, LLC do Joseph Hurtuk 1401 Estuary Thi] Delray Beach, FL 33483 Attention: Joseph Hurtuk 41. HNIME AGIRE U (a) All understandings and agrBenumts, whether in wift 0, verbal on bet�ween and Lessee am merged into this Lcm which fwiy expreases their agwmenL (b) Ussec has not relied upon any rqmentation not embodied in this Lease. (c) 11is IAWC may be modified only by an agrearnent in writing signed by b Lessor and Lessee. y (d) NO Offer of surrender of the, Promises by Lessee shall be binding unless '=J in writing by Lessor. L pam (c) Lessee acknowledges that this Lease has been ficely negotiated by bbbth and that, in any c0J*OVa8Y Or contest over the meanin& Interpretation, vallidity I enforceability of this Lem or any of its terms or conditions, them shall be no infmm presumption, or conclusion drawn whatsoever against either party by vi e of that having drafted this Lease or any portion thereof. Itu Of (a) This Lease shall be binding upon and inure to the benefit of the heirs, legal representatives and successors of Lessor and Lessee, and the assigns of Lessor and permitted assigns of Lessee. (b) This Lowe shall be construed and enforced in necordance wilb the laws of the State of Florida. (q) Venue for any litigation that may arise in connection with this Lease, the Property Or the Premises shall be in the county wherein the Premises am located. A If Lessee is composed of more than one signatory, be it a natural person or legal entity, each signatory "I be jointly and severally liable for each and every term and condition of this Lease. .43. REyEg&BJ= If any covenant or provision of this Umcor the, application thereof to any person Or CiMumStAnCO, shall to any extent be invalid or unenforceable, the remainder of this Leon or the application of such covenant or provision to persons or circumstances (other than those as to which it is held invalid or unenforucabJe) shall not be affected thereby, and each and every other such covenant and provision of this Lease or portion tharcof shall be valid and bc enforced to the fullest extent permitted by law. 44. S., W-17-51TTIN1171IR 771717717MMIUM It t4y]Q11 41 V . . . . . . . (c) Lessee dwi be liable for all daMaps, both direct and consequential damages �Hsing from a breach of this Section 44. 45, R ',CORDING- k- E�ij If"MV44M 46. A-98,41NDO - W 'E Y.b A -RWC—Zj&-L—PK(j1'- RTY.1.1 IN WITNESS WHEREOF, the parties have executed, or caused to be executed this Lease in duplicate as the day and yew above writim. (Witnew to Lessor) LESSEE; 'Me Boardwalk Italien Ice & Cremary. LLC knt Title: M MIS Lessor hereby grants to L�assee, an allowance of up to Twenty Thousand Doll ($20,000-00) C'Lessee's A.Howancesn. The Lessee's _Allg,��npfiLA - - r o,&:.7 Mr, W"i 11,16 11 Aim F I F 0 4, , ZL 01 Upon reftiving written request fiom Lessee, wfthin 30 calendar days, Lessor reimburse Lessee up Ti $20,000.00, for a expenses incurred by Lessee Petib'Uning the briprovements, provided (i) such request is accompanied by a copy of invoices or draw schedules for s ch■ Rent until such amount is reduced ■$0.00. Lessee shall not make any alterations, additions or improvements (collectivell "Alterations" Vind r1 i F'essor, and (d) Les= shall deliver to LAe oroop! of all requisite permits. approvals an. Wrtificates. Lessee shall' not make any alterations or additions to the Preniiscs, install special mi§ U Upon completion, Lessee shall 3 R.i ■ � 1= 4 i'- r" :�a- 1-.. # r to i � t -.. K F it y� ` d)- ', i �i + i. .i � ,■ w'3^, : e'. fi •Y iR ,k'" ff )�. T t , ��'-=, a a,. � urt � i i,. W:. ,r �� r _ :�� .�'��, rr is y , � s h ` M 4, � � .`Y 1i /., �". A moi, ! 4 .lF Y.; :� r, i r t �r r'� �.� � r,. �, � r s# i F '7 q� k: �.`f :i:.i 1 F ti � 4 i � � f' 3 � Y. $ }' Y � ,A M 3 M o y1 �. � i X� r �.. ! 4#,. i S "�. '�� MM � !Ji it � � �''#4 � � - &i k� t11 � ii ;,,,+«: � :' � cry �' `. 1 : i,,,F 1 t # '� ,� ' v 1, ,� � tk � � d A: j 1 4 r .i� �' e'. � F 1+ ' i i'a .,t �' '', +� �., ,..�r : �� + x i��,X �� . . a � � � � . � i �. R . � �'v a ,. � � M �, i ,. � �! t � , including through bonding, and all sums expended by Lessor for such removal, includinL, attorney's few. "I be paid by Lessee to Lessor on demand and shall he deemed Additional Rent. Lessee "I UISO PRY &0 Percent (5%) of the amount expended to cover Lessor's administration to eflact the removal. Lassoes consent herein shall not be deemed to constitute any consent or permission to do hin, which m a or Y �jVp t, of any claim alleged to constitute su lien or encumbrance, and will hold Lessor and its managing agent harmless and indemaify against the same. Lessee shall give written notice to each contractor of the provisions of this paragraph, consistant with F.S. §713. Lessee hereby agrees to indemnify, defend and save and hold harmless Lessor and its managing agent and employees from sad airlst any and all suits, claims. actiif; & 1pss which was lost or destroyed in ffie performance of the Work. Lessee will remedy at Lessees awn expense all def6cts in all such work, whether the same WWI a&ct the Premises in particular or any parts of the Property in general. In performing the work, LessM Lessee's Agents, and contractors shall not inW*rc with any work to be done by Lessor, Lessor's emploilees or coriftaors or employees or contractors. All work is to be performed Mon&y through Saturday. Any work to be perfmmed at other times shall be perfbrmed only after obtaining the written consent of Lessor. Work. All electrical and power panel balancing shall be maintained during the entire period of All core drilling and concrete cutting shall be performed only between the hours 6:00 LM. and 6:00 p.m. If any shutdown of plumbing, electrical Or air conditioning equipment becomes necessary, Lessee Shall notify Lessor and Lessor will determine in its sole and absolute discretion when su6, "I —ar —F-SEHL -"874 will NimDurso 1"sor for me expense or enr such employee or agent Lessor is under no duty to proceed with any shutdown regardless of Lessee necessity, Lessee shall provide for and pay all costs and expenses of cleaning the work area and any cleanup required in adjacent areas as a result of the Work. Any noise Complaints by odw lessees shall be remedied immediately or the Work shall cease until said noise is abated. Lessor will not be responsible fbr the maintenance or the balancing of any air conditionirm s or mdmw, I ng partitions, doors, haMware, or any other Installations. Any hardware, light fixtures, or any air conditioning installations now installed in the Premiscs which Lessee may upon written conseat and approval of Lessor, remove and not raftwtall, shall, be stored or disposed of by Lessee as directed by Lessor. The provisions herein are for the benefit of Lessor and Lessee only, and no other pmon, including, WitboW limiUdon, other lessees of the Propedy, shall be entitled to benefit thereby. All Lessee improvements which are affixed to the real estate shall become the property of Lessor at the termination of the Lease, unless Lessor requests Lessee to remove &e in which event Le rutn 79,tiWa.4 UMMMEKlim KANO WN I 14 5 1, It, I, f I MIMA "I E&IMN_,'UONRQER �V'OrIWQMW4-15; A M W11W 14 77 'M MID the temis and mclitions of this Icase. NOtwidstmding anYthifig to the watrary, in the event Lessec is in default or has ever been in dehult under the As a fujfher Wucenient to Lessor to nialce and cyner into t1lo Leasa and in consideration Date& J - --c -V - SS#:158-34-5686 Address: 1401 Estuary Trail Delray Beack FL 3341 La W -S, tj j7 C Al SOW Kin dodit" yl�,Z-< Guerentoc Michael Swain BirthDate: z4l1m(, Dfivers LimnwNumber- SS#: Birth Date - Address: Drivers License Number (1) All loading and unloading of goods shall be done only at such times, and in the am, ani? through the entrances, designated for tose purposes by Lessor. (2) The delivery or shipping of merchandise, supplies and fixtures to and fiom the Prcmizw VWMA�!- subjs�t tv jach Y-aNc-, R.T. 6 &%q jv-,k If -T'�-Sslr xa fir *;i proper operation of the leased Premises or Property. (3) All garbage and refuse shall be kept in the kind of container specified by Lessor, and a- Tf any of Lessee's refuse or rubbish. (4) No radio or television or odw similar device shall be installed without Ent obtaining in each instance Lessor's iaj (5) No loud speakem, televisions, phonographs, radios or other devices shall be used in a Lessor. (6) If the Premises am equipped with hewing facilities separate from those in the remainder of the Propaty, Lessee shall keep the Premises at a temperature wfficimitly high to prevent fieMng of water in pipes and fixtures. (7) The outside area immediately adjoining the Promises dWI be kept clean and fim from dut mid rubbah I Jr WfAtru MIS tructions or merchandise in such areas, W (8) The plumbing facilities Shall not be used for any other purpose than that for which they = constructed. and no foreign substance of any kind shall be thrown therein. The oqmm of �n- Le&we, whether the problem was caused by Lemee. its employees, Agents or invitees. (9) Lestm shall not bum any trash or garbage of any ldnd in or abmt the Promises, the Pwperty- (10) Lessee shall not be allowed to display merchandise, place signs, tables, chairs or any other items on the sidewalk or outside the Premises without prior written approval from Lessor. MMIMMM To provide for Em aesthetical pleasing appearance compatible with the architectural design of the ProWty, the follOW14 signagr, standards have been developed. These criteria have been carefully drawn to provide adequate and equitable exposure for Lessee's metChandising purposes, while providing the visual continuity and high level of appearimce conducive to success in the market place. To ensure compliance with the criteria, the Lessor reserves die right to review all S see or f ro 'y r4 , MMU and to tzo,:gall sign, MMOREM I . Those stores designated by the Lessor as "anchor stores" shall be permitted the identification as is shown on their respective drawing& A- Flashing lights and animated signs B. Exposed neon or other unshielded illumination. C. Audible devices D. Box type sips E. Applied plaque signs or painted wall signs. 5. Lessor's approval is required prior to Lessee filing an application to the building department fbr a sign pennit. En :MR13�1&Sgff- U-ntificabon Ali lessees other than those designated as an "anchor store" or "prime lessee" shall comply with the following standards: 1. Only One sign Per each rental SPACO is permitted on the facia, sign band or building facade, 2. The one peruritted sign is limited to the trade name only or may be a descriptivf, word or phrase such as "Law Office" or "Stationers." Advertising as such as "Shoes for the FarniV is not permitted. 4. Signs shall consist of individual channel lettm illuminated with single or double tube 15mm neon. Constructim shall be .040 -gauge aluminum with 118 translucent acrylic fwes. Retainas shall be of jewelite bonding. Retums to be 4 W deep. 5. All indiviR ual letters WWI be mounted flush to the facia, then centered on the storefiunt as required. All wiring and transformers are to be concealed, 6. Letter size shall be, as Lessor shall request. Lessee acknowledges that g:.R- Ra R neminfinurn size will be 18" in height. Only upper case Helvetica, letter style is permitted. 7. The length of the sip is restricted to eight (80) percent of the length of the Storefront 8. Lops, symbols of trademarks are not permitted except Where the Lessor trademark, If permitted, the logo shall immediately fbllow or precede the Lessee's name and shZll not exceed the height of the permitted capital letter. The logo shall be included in calculating the total sign am. 9. Upon removal of the sign, the Lessee shall restore dip, faria to its original condition at Lessee's own expense and to the satisfaction and approval of the Lessor. The sign shall be removed when vacating the Premises. 10. Lessee shall, at Lessee's sole expense, install within thirty (30) days from the date Lessee 010ens for business an eoxd�tc�rior , , in kee?1*—Z fagade as designated by Lessor dud will advertise Lessee's name or type of business. In uniformly chosen by the LessorLessee will be required to install suchsign as required by Lessor within a reasonable time period not to exceed ninety (90) days, If them is no such signage as of the Commorm=ment Date, but Lessor elects to have such signp or signs in reasonable time period not to exceed ninety (90) days. 11. No signs, barmers, placards or oftr advertising shall be perraitted in, on or about the Premises except with the prior written consent of Lessor, in Lessar's sole discretion. 12. All signs shall comply with 0 local regulations as well as the Sign Rider. 13. Lessee shall, at Lessee's expense, maintain any sign, canopy, prior decoration, lettering or advertising matter as approved by Lessor, in good condition and repair. AEHAL%A&7-�RDDRR LOWCO shall use the Premises in a first class manner and shall maintain the Premises in accordance with all lawws rme '11.1 be withhold in Lessor's sole discretion. hiadditiontoth to 5. Lessee shall install. repair, maintain and replace, as necessary grease traps immediately outside the Premises comumfingall lines from the Premises to the main sanitary branch. The grease traps shall he installed in compliance with all local lam and regulations. Any upgrarling to the sanitary or sewer lines necessitated by the installation of the grease traps shall be performed at Lessee's expense. Lessee shall rairwre any paddng or landscape area diambed in connection with the installation of these traps to a condition equal to that existing pr!Dr to the work. Maintain a monthly service contract fivtn a licensed contractor for the maimenance and repair of a grease trap.. 6. LIVE ENTERTAINAENT - Lessee arees that all forms of signI emcrWnmenI sM` cial events 3nd music (incluft 'iiiient music and outside speakers) that will be used in or relating to the Premises shall require Lessor's prior written approval, Lessee shall not permit any loud music or other sounds to emanate from, or occur at the Promises, and shall not use any speakers, televisions or other devices in a manner so as to be heard or seen outside of the Promises. All music must be limited to the inside of the Prcrmscs and shall never exceed the level permitted by local city ordinance. If such entertainment mid music (including ambient music and outside speakers) are deemed at any time to be too loud in Lessor's solo discretion, upon notice from Lessor or its agents, Ussee shall forthwith cause to cease or reduce such entertainment and music (Including ambient music and outside speakers). RELO-CAMI&RI-DER EXHE31T A - DAPROVEMENTS H Warranty 10 This indenture, ma& wis Kalbra Propwfles, Inc, a existing under the laws of the State of Flo", gmater, aw liabinly ""any ton, DC 20006 Subject to restricdoms, reservations and easements of records If any, and taxes subsequent to 2013. wd lhg grattr dm herft full!, m 1k title to said houl. and mill deftiad the swe spinst kwrml c1pim, of all pcnofis whasnava. In Witness. Wbereof, dw FUNIN 110 him -19 w 6a a Und srAl the day and ym Orst abowt wrim, (»»i\ e<7 Page I of -1 Wb=4 to p=W hu Mmwft sa ift had and ad Ow &y and 0 MaIWI4 1�9AWAV'ly) By., Ell i l I. T- 1 17 1 1 . �.j , m tv m Ln UBld ONS OPPOW '40808 UOlUAOS 'ARM461H J9JGP9:.qJ N I 71- -1, fo . E 161 0 ku IL 0' r Jim L L 0 0 f C!. MAU I = u nn L L 0 0 f C!. MAU I = vt Ln kn Lo w) Mid edoospuie-1 8PPOWN0898 UOWAOS'AUMOSIH IIUGPG.4'N 60Z hr Aieweoj3 931 )llBmpjBol3 196i L--- mmwxvaw qmwj - Ilk WNSIMMM 0z I m _0 M. ntit ' 1 Li m _0 M. ntit ' ............. I J I � 11111111111�� 111111�1 117116 MWILVI tit -ON Is Mrmol ON 1) all It -we Rpa. w'-w-IMPRAL SUMMARY: The Commercial Interior Build -Out Assistance Grant provides eligible Jnew 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 will be doing a complete interior build -out. 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 $25,000 in matching, reimbursable funds. The Interior Build -Out Grant is reimbursable once the proper reimbursement documentation is submitted to the CRA staff. FISCAL IWACT: Maximum of $25,000 - Project Fund 02-58400-444 PTECOMMENDATIONS: Approve the Commercial Interior Build -Out Assistance Program Graph not to exceed $25,000 to The Boardwalk Italian lee & Creamery, LLC for the property located at 209 N. Federal Highway, Boynton Beach, FL. 2 -- --------------------------- ---- J Michael Simon Appkarft must rneet all of the following reqLdrements In order to be considered eligible to receive grant funding: I - Property must be located within the CRA DhOct (sea attached rnap). 2. Must provide proof that the business is propedy licensed by all necessary levels of government and professional aswolations or agencies. (Copies of C41y & County licensesor �r. a that the licenses have been applied for.) & A now business Is defined as a company In operation for low than abc months or relocaft to Boynton Beach. 4. An e)dsthg business Is defined as being In operefion within the CRA district lbr a minimum of three years at the time of application. d; -# business9aR otr i more then fifty percent f footage eke. r t# R this thresholdbe ,R R rIe In the application Exceptions to this rule may be made at the discretion of the CRA Board if the tenant Is losing their cunwt space due to redevelopment of the 11ite. f'f Applicants Experlariconsumer report a' - iF !•=.1 v offinancial tS # W to sob discretion of On CRA, as an eligibility requirement for funding. A copy of the consurner report will be provided to the Applicant upon request. 7. Applicarit must either own the Wilding It plans to operate within or It must have a proposed or executed #;multi-year lease ,# year minlmum� The fblowlngbusinessesconsideredIneligiblefor tundert Commercla.1Interior Build-OutAssIstanceProgram: Fkwm Sam Convenience Siam ReltOlous Affillialed Retail Stores ChuMhes Non Pmft Taks4kA Foods O Vapor o Pawn Shops Alcohol xrWW Drug RehaWiladon Centers Any use dohmined by the CRA dW or do GRA Board that vmu(d nd advance the redevelopment of Me CRA * i4A i M711 -- fT. to 12:00 i 10-00 i R R r of seating capacity shall be roR R F.Rpy of the +, ��oyntz)n Beach Locat Business Tax Receipt. R' -r. � ■. iv ■ ii - f � R I - _ t � F' 1 R' F R ■ R with total seating capacity udder 50 a Gouffnet Food Market a Bakery * Bad and 13maldhat R stationery, kitchen vwares Specialty Businesses - asporting goods,personal cam Pilatefifyop studlos, fitness canters and selonsMedical Offices • Real Insurance Offloes Acmunting Offices Marketing Office If thO applicant is a tenant It must have a pmposed or executed muRPyear lease (tvm year rrdnimum). The cornmemiallease mustdeffne_landlord-tenantJ 1 R:'andat minknumprovide the Vlowing # 1R By subffMng fbr reimbursenwant, the aPPI[Wnt vmrf8ft that all bills related to the projed are paid In full Including. btA rat limited to, all CmdrUclOrs. subcontracts, lebor, rnaterials, related fees armi t Ekwoh Courdy or Ow StMe of Florida. hDnor now upenditurgs that haw not bow submitted under other grant program The ommrclW Irderlor BuIld-Out Asolomnice program only be used one time In any No yw Grafteim 811811 allow ft CROk the rWft and use of photos and projeCt applimbon materials. DiwontinuMon 1-17 Mol 7; U , 3 0 , n = Ih ! i IM� il� JA *♦ - t T-7,77, ' 1 F 11 �iL#11'77�t kilt InMC7777 1, -n �kjgl�E*ll I dilcillirni 71k;,777777 Number of Empkym- Hours ar opomflom-A&Z-1-1-2-- 0 t * S INN F- - � ` F.i*.isi,3 ! w a If yes, #st any additional grart sources and smount& - e �♦ n. i1 r a'' - 7 N I I T-� i uiTl ii , I[ . 0 r7W..l 7Wz w1 771 �.,ITM 7 !n• F'" 3 ,. =l�o� t•. 4 i�I Nr ,i # 47 - ■' it rpt. '. i i IR X10 MNM FOftW HIghtar, OwAkIn Dawk FL SM PNM 6 Fax 661.737 aSTATE OF-El6rik &N.COUNTY 4F-7-17 rij .'! ! ! -Z71=77 7,Fi' � i .. f NOTARYPUBUC Landlord's SIgnature DOW Pr!nW Name 7dw STATE OF COUNTY OF ,v 9k Islare pemnally-kno,"or ill `4 as Identificabon, and adcnowledged hefthe executed the foregoing Agmermnt 1br the use and purpceed merffloned In ft and ftt the Instrummt Is his/her act and deed. I � 7 PM111 ,'1 111111111 NOTARY PUBLIC --' = HL, 7ATzj 2, y, -ta, -LT', 3� 40b Fbft 3IM5 43M pw 11 of ii 710 NCO FedwW HtMW, ftpftn Ned% FL MW RmwM-n74MFwW-737,WW WN.901amwamm O C Qj Q .3 4-J m .v O 0 Lh m O. m E C O v O J i a1 a O I- CL CL Article H The Wwt addwss of the principal office of the LimiW Liability Companyis: 620 LAKE SHORE TERR DAVIE, FL. 33325 The Mal� address of the Limited Liability is - 620 . 33325 ,AMde III The na= and Florida s: JOSEPH M HLWFUK HT 620 LAKE SHORE TERR , 33325 proem forthe t .. compaW at 's P e t s a7 I iri 's m l s s my dudes, ind I am fikfliert the aceRegisWad Article The name and address f 8 LLC: "i., MICHAEL 620 LAKE SHORE TERR DAVIE, FL. 33325 Title: AMBR JOSEPH 620 LAKE SHORE TERR DAVIF, FL, 33325 MICHELLE 620 LAKE SHORE TERR DAVIE, s 33325 a1„a JOS E PH M HMTUK 620 LAKE SHORE TERR DAVIE, FL. 33325 Title: BARBARAAHURTUK 620 LAKE SHORE TERR . 23325 The iab Sigriatam of member or an aut1wriwd reprewntative Electronic Signature: JOSEPH M HURTUK 1 455 11L 0 AM ra o 1 am the member or aulhorized ioprosminfive submithiMit f OiZzation and affirm fixt the facts stated h=n no . 1 °ori n f felony e 17.155, m VC filo an annual ma 1 1st . of1he LLC and cvery ycw=='V W maintsin " ve" sfatus. Ise, Mae This Lease is made and entered hft by and between 209 N. Federal, LLC ('Lessor) and The Boardwalk Italian Ice & Creamery, LLC C%cssoe") Per and in consideration Of the mutual covenants contained herein, Lessor leases tj Lessee and Lessee leases from Lessor the Premises, (as hereinafter defined), consisting of a building containing approxiinately, 1,034 rmitable square feet on th&t Oortain commercial real Property located at 209 N. Federal Highway in Boynton Bomb, FL ("the Propertyl as hereinafter defined) subject to the terms and conditions of this Lease. I, BAMC-LF BMA UFO—N: (a) Infarmation (1) Date of Lem: 1 2015 (2) r® 209 N. Federal, LLC (3) Lessor's Address: 9904 S. Military Trail, Suite F- I I Boynton Beach, FL 33436 (4) Payment Address. 9804 S. Wilitary Trail, Suite E 11 Boynton Beach, FL 33436 (5) L = ee.- The Boardwalk Italian [cc & crearuery, LLC (6) I-Acasee's Address: 209 N. Federal Highway, Boynton Beach. FL 33426, (7) Building Address: 209 N. Federal 1-fighway, Boynton Beach, FL 33426, (8) prernises. The building shown an the Site Plan containing approximidely 1,070 square feet. (9) Property: The commercial real property shown on the Site Plan consisting of approximately 14,336 square fiK (10) Um The Promises shall be used as an Italian Ice and Cromnary engaged in the sale of seasidelcarnival/boardwalk style desserts and treats for on and off Premma consumption and such other similar services as may be necessary or incidental thereto and for no other purpose. The Promises shall not be used for any illegal purposes, nor in any manner to create any nuisance, trespass, nor in any mannor in violation of existing laws, codes or ordinances. (11) Torm Five (5) Yom (12) Commencement Data- Upon Mutual lam execution. (13) Termination Date- Sixty (60) months from Rent CmumencemeftLP i ever that if 1he Ternunation Datc, as determined herem, does not occur an the last day of a calendar month, the Lem Term shall bee d y the nuY ber of days necessmy to cause the ,*,f the last calendar month irnmediately Cqecvding such Wension. (14) Initial Depost, $4,664.00 consisting of as security deposit of $2,332.00 and first months rent of 2,332.00® (Includes sales tax) (15) Rent Commenceinent Date., The earlier of (1) the date Lessee opens for business in the Promises or (ii) One Hundred Eighty (190) days from the delivery ofthe Premises from the Lessor. (16) Monthly Gross Rent: Year I - $29200-00 per month commencing on Rent Commencement Date (as deffied above) and ending 12 months thereafter. Each anniversary thereafter, rent shall incmse by 3%o the amount charged in the year immediately preceding, The Gross Rent shall include any and all Operating Expenses, Insurance charges and Real Estate Taxes incurred by Lessor with respect to its ownership of the Property. (17) Total Monthly Gross Rent: $2,332.00 (M0l Gross Rent until adjusted including applicable Florida sales tax.) (18) Extension Option: Number of Extensions-. one (1) Length of Extensi= Five (5) Years Rent sluill increase annually by 3% over the amount charged in the yew immediately preceding. Option Notice: 190 days wrillon notice prior to lease tcanination, subject to terms of Extension Rider. (19) Broker: Gulfstrew Commercial Realty, LLC (20) Guarantor: Joseph M. & Barbara A. Hwt* Michael Swain & Joseph M. HurVA III (21) Lessee's Allowance: Up to $20,000.00 subject to the provisions of the attached Lessee's Work Rider, (b) Definitions: In addition to the tam that arc defined above and elsewhere in this Lease, the following terms are defined hereinafter. W46 W-111malwal M Ft kil tKy'r- or quusi- governmental authorities assessed against the Property, late charges� direct Lessor. (2) "'Building" meana the building located on tire Land (as hercinafter defined) in which the Promises am situated. (3) 'Troparty" means the development consisting of die Land and all improvements built on and to the Land including without limitation the Building, and the parking areas, roadways, pedestrian sidewalks, driveways, whether open or closed, delivery areas, trash removW areas, landscaped areas and all other areas Or iMMOvemants (as heremacT defhicd) (4) 'Lease" means the body of the Icass together with all exhibits, riders and attachments. (5) "Lease Yew" moms each consecutive twelve (12) month period, beginning on the Rent Cominencement Date. (6) 'Rent" means the; Montlily Gross Rzat and Percentage Rent which shall be paid to Lessor, without any prior demand and without deduction or sat -off whatsoaver. (7) "rwm" means the initial term and where applicable shall include the Extended Term, if any. 2. The Term of this Lease is as set forth in the Basic Lease fiffirrination, beginaing an the Commencement Date and ternmenting on the Termination Date unless renewed in SCOOTdOnce with Section 1( )(18) or terminated soonen 3. RENT - MEN= (1) The Gross Rent shall be due on the fast (1'� day of every calendar month in equal monthly insWIments ("Monthly Gross Renf). (2) The Rent shall be paid commencing on the Rent Commencement Date as (3) Lessees Gmss Rtnt for each "Ume Yee of the Term after the britial Lease Year shall be adjusted as stated in Section I (a), Basic Lease Wormation. (4) All checks or negotiable drafts for Rent are to be made payable to the order of 209 N. Federal, LLC of such other person or entity as designated by go= dcrived from the IA=ed Premises during any lease you in excoss of the aPPlicable Gross Sales REW40int, as hereinafter Specified, for such lease year - d I IWA ft-Igmi =tt IiIIxT-1jagMM- Mmr�4=-y the preceding lease year. Al the same time Lessee shall pay to Landlord such Percentage Rent as may be due thereon. The perCentage rent for each lease year shall 41 ................ ...... years. (2) Gross Sales Bresikpoint: The Gross Sales Breakpoint for each lease year of the initial term shall be the surn of Two Hundred Fifty Five Thousand and 00/100 Dollars ($255,000-00) (3) In the event Tenant exercises its Options to extend the term of Agreement as hereinabove rvided- the W — o il" sum of Two Hundred Fifty Five Thousand and 001100 Doflars ($255,000.00). (4) Gross Wes: The term "Gross Sales" as used herdn shall mean the aggregate gross sales price, whether for cash or otherwise, of all merchandise sold and erass charaes for &e 'IT Austments granted to customers; (6) sales made by Tenant at discount to emR;oyees; and (7) any interest finance charges, service chargm or similar charges which may be charged on any credit sales. (5) Records. Lessee shall keep complete and accurate books and rec� of itr Cross qalw� ,e I ii I " J six (6) months after receipt thereof, shall cause the applicable record's to be audited in a manner not to unreasonably interfere with Lessee's business by a certified public accountant employed and paid by Lessor. If such audit shall diselvae *,at T4,-, 4r,,-,� *1 Tk%wi all "I, PQ jI—qW,4MiWWMI "Iffil"a''I'MAW , W �:xoeed $5,000-00) in addition to die deficiency in Percentage Rent, which leficiency shall be payable in any event. 4. - -ECS -L )LL E T. I!Q,SL (a) The Security Deposit shall be paid and delivered to Lessor simultaneously with the delivery by Lessee of this executed Lease. (b) The Security Deposit shall be retained by Lessor as security for the payment by Lessee of fig Rwt.*T,", XV WN-ArW A performance of Lessm's obligations under this Lease or all of the foregoing, In such event, Lr�awe- 0—Mil x"Y tt Le"ir *X zcxw�%I tkt--M-Imat &SS" rwtvfe thc Security Deposit to its original amount. (q) The Security Deposit shall not constitute liquidated damages. (e) If Lessor sells the Property, Lessor shall deliver the Security Deposit or the unaPPHOd Portion thereof to the now owner. If Lessor delivers the Security Deposit or Az wwji-4 wili"IrfAw., be liable for the return of any portion of the Security Dcposi% except to the extent neamlly received by the mortgagee. (a) If Lessor does not receive full payment of the Rent within five (5) days from the dft the Rent is gtank illipill MIMI I Of A Kent be m the tonn of cashier's checks or money orders. litnitation. collection agency fm and aaonleys' few through all appellate actions and proceedings, if any, 6. C-C—INASIM-107-1CMAND QFLn/ERY QF _'PHE 11U�jp % I Q SLIP (a) All of Lense's work shall be construcftd at the sole cost and expense of Lessee, and shall comply with all building, safety, fire and other codes and governmental and insumce requirements. (b) Lessee shall have, no right to enter to oecupy dka premises until the sam am tendered to Lessee by Lessor. (c) Notbiug contained in this Lease will be deemed the consent or agreement of Lessor to documentation to offectuate the purposes of this Section. Lessor shall be entitled tc) L70Ll-,I-kJ�f,*;IL-Mikfit�i-i�tlettii,41tl,��gf) 1#111, A t 4 W.ts grVe ICSSOr WrItIfen nonce 01 the proposed L and the names and addresses of the Pemm sUPPlYing labor and materials for the proposed work, In addition to the above, Lesser win have the rIgW to post notices of non -responsibility or similar written notices on the Premises in order to protect tbe Premises against any such Hens, (d) Lessee shall comply with the requirements set forth in the Lessee's Work Rider. W Lessee shall open for business and continuously oonduet business within Ow Hundred EightY (180) days from the Commencement Date. IMAI IN-11MEENAI (a) Lessee shall, at all times, and at Lessee's expense, maintain the Premises and the Property in a clean, orderly, safe and sanitary condition,. Ussee shall be solely responsible for the extermination of pest, termite, rodent and organism from the Premises and the Pro_wIty an Premises and the Property on a regalar and periodic; basis. If requested by Lessor, Lessee (c) Lessor ShWl not be responsible to make any improvements or repairs to the Premises or Pro M (d) Lessee shall not at any time leave the Premises vacant, but "I in good faith WM and in an efficient high clan and reputable manner. Lessee shall not permit any 'Mama 8. A Q C, F-,%';- 11 Q P R E M IS E, S: (a) Lessee shall permit Lessor, I&Ssor's agents and independerd contmdors, during customary bushtess hours, but in the event Lessor deems the Situation to be an emergency, then at any time, to enter the Premises for (i) the purpose of making inspections and repairs, (ii) remova fixwa ons, additi lilp-I' P 11 I wil 1 1411,61" P� ill�llillil��", 11111! 1,1111 M 11 111 111111111 9. A-A'3-S-I-Cj-N'MENTOR SUB (1) A copy of a fully executed (owept for the requirement of Lessor's 411 LIV "I i ihe sublease; between Lesses, as assignor or sublease and the assignee or sublesseei, as the case may be. (d) If Lessee is a corporattion, partnership, limited liability company or other legal on or M a senes Me or urge transactions, (a) In the event of a permitted assignment of this Lease, or subletting of the premises, Lessee gh, , �� - , 11 -ITII- iit. wyMOWN@ MPAR in writing by Lessor.. M The Proposed assignee shall execute and deliver to Lessor, prior to the effective date of the assigrmu4-; to assume and be responsible fbr all of the terms of this Lease. Yoe - (9) 13Y executing the sublease, the subtenant shall be deemed to Les sagree to aftom to or -tujt WWI 2 due to Lessee's default or by operation of law. (h) 'No assigantent or subletting is pennitted to another lessee or occupant of the Promises or the 41W, any reason in Lessor's sole discretion. Ussor consents to an assignment or a subletting but the term of the assignment or sublease has not begun within sixty (61 days after Lgorl cogj;"g�,ii rfed uiremmas of this Section 9. 0) In addition to the rights described above, Lessor shall have the right to deal directly and exclusively with any proposed assignee or proposed subterrant (k) After the assignment or sublease becomes effective, Lessor shall have the right to deal directly with Lessee's assignee in all matters pertaining in any way to the Premises or this Lease, including but not limited to, modifications, extensions and defaults without no ng or dealing with Lessee. Lessee waives the right to receive any notice from Lessor from and after the effbotive date of s Notwithstanding the foregoing, Lessor will send notices of default to both Lessee as well as assignee. I �1) In no event shall Lessee, as a result of any assignment or sublease, receive monies f1com, such assignee or subtenant in excess of the amount due Lessor by Lessee under the term of this Lease. Any excess amount shall be payable to Lessor as Additional Rent (m) Lessor may rdUse its consent to the proposed vander on any grounds in Lessor's sole 1 N -MW 0 er obligations of LesseewxL-r tdffihiis Least, the business reputation, experience, backgMund or character of the proposed transferee is not reasonably acceptable to lU\ annual Percentage Rent, if any, Lessor anticipsles receiving fixnn the proposed tmnsfam is less than the average annual Percentage Rent Lessor has received from Lessee during the two (2) years immediately prior to the proposed assignment or suble&%; (h) the transfer would breach any covamt of Lasisor respecting radius, location, use or exclusivity relating to the Property, conflict with, be incompatible with or have an adverse impact on the temat mix of the Property; or (1) if Lessor's lender requires consent to any modificatioN assignment or subletting, then it shall be deemed reasonable for Lessor to refiisc the transfer if the leader does not consent (o) Lessor shall not be deemed to have consented to a proposed assignment or subleasc or otherwise waive any of Lessor's rights or remedies if Lessor accepts a rent payment, a check or negotiable instrument from any party other than Lessee, including but not limited to the proposed assignee or sublessw prior to Lessor's written consent to an assignment or sublease being delivered to Lessve (a) Lessee acknowledges that Lessee has inspected the Premises and the Property and a0knowlCE19M that the condition of the Premises and the Property is in good order and repair as of the Commencement Date and accepts the Premises and the Property in "AS W, condition. N If Lessor is required to complete certain improvements to the Premises prior to Lessee's occupancy, it shall be deemed that Lessee ace" the Premises and the improvements "AS 18" at such time as Lessee occupies the pmonsw or within two (2) days aft Lessor notifies Lessee that Lemor's work is done, whichever comes fulL (c) If requested by Lessor, Lessee shall cxccute� acknowledge and deliver a certificate setting forth the Commencement Data and the Termination Date of this Lease, as well as Lessees acknowledgment that Lessee bas inispected the Premises as of the Commencement Date and awepts the Premises in "AS IS" condition. (d) Lessee has thoroughly investigated the Property and the Premises, the status of zoning and governmental approvals, and disclaims any reliance on Lessor in its decision to lease the Premises for its intended Use. Lessor makes no representations or warranties of any nature whatsoever relative to State or local requirements as they affect Lessee and Lessee's Use of the Premises, including but not limited to zoning and impact fees. ll. R—L&B&AND RE (a) Lessee shall abide by and comply with all rules and regulations now or hereafler prescribed by Lessor for the Property or the Premises or both. (b) Lessee SWI neither permit nor commit any immoral or unlawful practice or act in or upon the Property or the Premises, (c) Lessee shall not permit any noxious, foul or disturbing odors to emanate from the (d) Lessor shall have no duty to enfbrce any rules and regulations as against any other tenant or occupant of the Property. Lmor shall not be liable to Lessee for violation of (t) Lessee shall be solely responsible for compliance with the ADA within dl--- Proixrtv ad the Premises andigme". �a MIMIM iii uWosuce WIUI m P R11 W =IxW I Allxlntj g IvI:jMW 1essee-S non - the ADA. I jJFTMxr=-q=ITMI, Ir-Mr-MITNIM, ,W F T. TOO 0 may be necessary in order to enhance the level of pliance and, in that event, the Lessee shall Pay the Lessor, within fifteen (15) days of demand by the Lessor, a sum s T .................. A 12. LESSEE YN (IME52 jP - 9 (a) All additions, fixtures or improvements CAdditions') which may be made by Lessee shall become the property of Lessor, remain upon the Promises and be too . (b) If requested by Lessor, Lessee shall at the termination of the Lease, at see 9 exDense. remove Lessee's 0 or a portion of the Additions as well as the sigaage, insignias and the like on the waffior of the Premises and the pylon sip, if applicable, repair all damages caused either by the installation or the removal of the foregoing and deliver a vanilla shell in like -new condition. Ibis provision shall survive the termination of the Lease. 13. f,01QUANCE -- YFH LAV�I (a) Lessee shall, at its sole expense, abide by and comply with all laws, ordinsnee6 xftd regulations enacted bY those governmental onfities, whether federal, State oi municipal, having jurisdiction over the Property or the Premises or the Use of the WNW, 1,1110MINOWINIM W W (b) Lesser "I pay all of the costs, liabilities, expenses, fines, penalties and damps F1,11f, 'I INRE-MNITY AND AIM A X ump 43q it o WOZROYS� fees and court costs through trial and on appeal including orneys' fees WIRER, i CIWI on, or about the Premises or the Property. (b) Lessee shall, at Lessee's expense-, take out and maintain throughout the terrn, of this lease (including any renewal termgs� if any) in the names of the Lessee and the =,', N -.4 -UN, WIJ&UIVYXM-MM ICAM respecave inta�appear, the following insurance - (i) fire and standard extended coverage insurance including sprinid-er leakaR, boiler and machinery instzrance coverage if it applies; (ii) business interruption insurance in such amount and for such risks as would be carried by prudent tenants; comprehensive general liability, contractual liability, non -owned automobile liability and owners' and contractors' tnotectivS insurance coveMLYe. clauses; Confaming severalnury or mZ-37ts end cross-flabi ity (iv) pollution and remediation legal liability insurance, to cover the risks iated with the handlin (y) plate glass insurance; (vi) builder's risk insurance during the course of construction, (vii) so called "Dram Shop!' insurance if alcoholic beverages am sold by the Lessee for on or off premises consumption; and (Viii) any other form of insurance as the Lessor may reasonably request fiom. time to ti1e. the Laqsor and the Mortgagee by resson of any breach or violation of any warranties, represoMtions, declarations or conditions onnWried in the policies, and (y) contain an undertaking by the insurers to notify the Lessor and the Mortgagee in not less than thirty (30) days prior to any materiel change, cancellation or terminIiiion. The certificates of insurarxe shall be in a form reasonably acceptable to the Lessor and will be delivered to the Lessor simultaneously with the Cornmenceinent Date. (d) (i) If any insurance policy is cancelled of threatened by the insurer to be (ii) The policies shad be delivered to Lessor within ffiree (3) business days ftom the Commenement Date and with respect to coy Lessee UVC (3) days' M-4he cost of which shall be paid by Ussee with ten (10) days' demand by Lessor, as Additional Rent (e) Lessee SMI also comply in a timely manner with all occupational, professional and licensing requirements applicable to Lessee's use of the Premisn. Lessee shaft V 7 Date caused by Lessee's use or occupancy of the Premises' 15. �,,&Gffi- 144Vkx;1I 4 lirtla (b) If only a part of the promises shall be destroyed, Lessee shal] pay 11 portion of the 2x, - as determined by Lessor, in Lessces sole discretion. 16. LESSE,—E,S.. . . .. .......... .. (a) All of Lwam's property placed upon, or moved into the Promises shall bc at the sole risk of Lessee. )IRIS] I&W NaKmal, W -M 7 IT -QQW)EN- TIQ � EA_X� (3) In, the event the entite PrMnises shall be appropriated or taken undw ffic power Of eminent do the orishud floor area rc�te�f and Lessor Shall, Upon receipt of the award in condenmatirw- mal�,,p --- --- LUMI-I UMAI-W LiT Q IWAI, for the value ofthe diminished fee. TOUT 01 (c) If in the reasonable opinion of the Parties, the taking renders the Premises untenantable or the Property commercial not viable, Lessor or LessM rj&j. bvi "—w-ij f k MV M, of the notice. k 1 1=71 —=- (d) If this Lease is terminated as provided in this Section 17, the Rent shall be paid up to date that possession is taken by public authority. (a) Lessee shall not be entitled to and exptusly waives all claim to any condarnmition r— ial� ,Yaaffk� the Icasehold or to the fee although Lessee shall have the right to the extent that the same shaH not reduce Lessor's award, tio claim from the condemnor, but not fTom Lessor, such compensation as may be recoverable by Lessee in its own right fbr damage. to Lessee's business, fixtures and improvements (which by the terms of the Lease am to belong to Lessee as of the end of the Term or Extended Term, if any) installed by Lessee at its expense. Is.1112L"C'.UGHS. L— (a) In the event that Lessor is required to do so by any goveramenw agency or (b) If Lessor installs this equipment, Lessee shut] pay Lessor for Lessee's measured usage, unless Lessee is directly charged a mvvider other than Lesslcomrr. MY (c) Lewr shall not be liable for my interruption or Mure whowever in utility smim arid Lessee agrees to look solely to its business interruption insurance for recaa of OW Wila .4 9w2l rj mi6" lawaW aluipment which exceeds or overloads the Capacity of the utility facilities serving the Premises. 19. Q ,UIEI_F_NNj,QYIIAMaQ: 20- Upon payment by Lessee of the Rent herein provided, and Won the observance and rformance of all terms -11. � I � 11 . I r,' W1, (a) Provided dw Lessor does not relocate Ussee during the first twenty four months of the initial Lease twit, following the Lewe's Rent Commencement Dam, IA*wr reserves: the �ImlkrG # JirQ _ Lessee to space elsewhere on Federal Highway or Ocean Ave in Boynton Beach as defin8d in the attached Relocation Rider, (the "New Premises') of approximately the same size as ffic Premises. (b) If Lessor elects to relocate Lessee, Lessor shall give to Lessee notice riot less than niraq (90) days prior to the date Lessor intends to make the relocation. Upon receipt of notice from Lessor, Lessee shall have tM right to inspect the New Prernlses;--fs D-mmeos advanced written notice to Lessor. (a) If Lessor relocates Lessee to the Now Premises, Lessor shall pay remonable direct,out-of-pocket expenses of Lessee in moving from the kremises to the Now Premises, and Ilms,611 i -war, Qr provided Lessee already occupied the Premises. (d) Lessor shall not have any liability to Lessee for loss or damage of Uss"Is . I property or business ans Wn in connection with to the Ng moving Ises. (e) If a relocation occurs, this Lem and each and every of its covenants and 21. INATI (a) Lessor shall have the unrestricted right to convey, transfer, mortgage or otherwise encumber the Premises. RM I MWIR ON 47M 1 1 1 IIM am=, which in MY Way affect the Premises or any interest therein, and to all recastings� LMOWS, modifications, corisolidations, replacements or extensions of any then AUA..U2� (c) Lessee shall execute any and all documents or insturnents requested by Lessor or &GNU Z�= (d) Also, if requested by Lessor or by any rnoftgagoe� Lessee shall execute an OstMPel certificate as grovided jQJEW" vo&4POj Lej59f1r is UOT In default and such other matters as are set foah on the estoppel certificate. (e) Lessee shall deliver the subordination docurnent and the estoppel certificate within ton (10) days from the date Lessor sends dme documents to Lessee. M If Lessee fails to comply with the provisions of this Section 2 1, it shall be deemed a defindt in accordance with Section 23 of this Lease. will aftom to such mortgagee, In such event, Lessee will not be entitled to a credit for Rent paid in advance. (b) If any mortgagee "I request reasonable modifications to this Lease as s condition em ent in form and the mo�ffiflx " MR9 Lesseds Monetary obligations wxkT this Lease or materially and adversely affcvt LesseeT lewhold interest "Wed by this Lem. 23. AYTNTS, Q �17J)E' (a) If Lessee shall- Cl) fidis to pay to Lessor the Gross Rent, Percentage Rent or Additional Rent late this L&M, or (ii) files a voluntary petition in bankruptcy or reorganizefion, make any proceedings, (vi) if Le sace is a ffimd�ne, if Lesse Its under the tems of the franchise agreement, then Lessee shall be in default under the tems of this Lease (Tefaulf). (b) If Lessee shall be in Defauft, Lessor will have any and all rights and remedies (c) If Lessor elects to teminate this Lem for Lessees Default and if at such time there remains any unapplied Security Deposit, then Lessor may (without waiver or impairment of Lessts other remedies foDefault) retain the Security Deposit as liquidated and agived upon damages as actual damages we difficult to ascertain as of the execution of this Lease, and Lessor shall also have the further right in such instance to immediate possession of the Premises. (d) If Lessor cannot terminate this Lease because of applicable bankruptcy law, then Lessee, as a debtor in possession or on behalf of any trustee for Less -or, shall; (i) within the S4, surrenders possession. Nothing contame erew shall be interpreted to grant pemission to Lessee to holdover or to deprive Lessor of any rights and remedies with respect thereto. (g) All of Lessee's covenants and obligations contained in this Lem are independent k. of Lessor's covenants and obligations contained heraim Lessee shall neither be relieved frorn the pnformance of any of Lessee's covenants and oblizatkin,"i , R5 Q- UMAM =121823MIT 24. REMEMES CUMMAy - -- (b) The election of any right or remedy by Lessor shall not be deemed a waiver of any other right or remedy of Lessor under this Lease or otherwise. 21 AiroltNLYS, FEF,,-9,AMLjNjEgL,%T- OWMINA111M, "AM K I 1 1, 14 TV' 11771 "If GAX V Mal =171T -RA 6) #fL�rjqR jaiyjr�,�4L4:jug Ig Qk ;; (b) If any lawsuit is brousht in colMection with this Lease or the Premises. the non- 11 HgiE, A waill (0) If the nOn-Prevalling Party fails to Pay any amounts that are due to the prevailing " in accorAw f ANCA 3 26. NNO WAIVER - (91) The failure of Lessor to insist on the pedormance or observance by Lessee of any K ne or more T.4" .4-f- I ON 27. LESSM'S PROPF (a) Lessee shall look solely to Lessojes ownasMp interest in the Property for the j satisfaction of 1 . *iIIJ 11 uQ OWMAN, LM 28, jA M Radon is a nattlrally occurring mdioactive gas that, when it has accumulated in a huildin The terms "Lessor" and "Lussm?' shall include the singular, the plural, the Masculine. the feminine, the neuter as well as, the heirs, successor$, executors, administratow, winToCi (a) The captions of the various parvVephs of this Lease have been inwrted for the purpose of convenience only. Rk I IF �M- pL"N �jr 31. f;"%— N ° ; %— is Lease has been executed in several counterparts, but all counterparts sWj conslitute one and the same instrument 32.FORCE , ............. -1111 Nwu (a) Lessor does not warrant dw any of the services that Lessor may supply wifl be free fi-om interruption. (b) Less= acknowledges that any one or more of such servioes may be suspended by reason of aceideM repair, alterations or finprovements, by strikes or lockouts, by reason of operation of law, acts of war, terrorism, and bioterrorism, or other causes beyond the reasonable control of Lessor. No such interruption or discontinuance of service shall ever be deemed an eviction or a dishubance of LesseB's use, enjoyment and possession of the Premises or any part thereof, or render Lessor liable to Lessee fbr damages by abatement or reduction of Annual Chass Rent or any Additional Rent or relieve Lessee from the performance of any of Lessee!s obligations under this Lease. 33. AkaT�hT (2N a L _- MIJIF-JIUD 11�73 U11MIMM.MR7,11 if R (c) Notwithstanding anything contained in this Lease to the contrary, in the event 144- I tv'11JIM -,!1 4- 0 film" 34. LE U11—RQUILMi. As finther security for the Pefformance of LessWs obligations under this Lease, and in addition to all Other rights Provided herein end by law, Less= hereby grants to Lessor a security interest in all of Lessees personal property at the Premim as follows. In addition to g"T Anw - WW (a) For valuable consideration and as security for die payment of rent and othel charges reserved or becoming due hereunder, Lessee hereby grants to Lessor a firej security interest in the following described collateral. (1) UU inventory, equipment and other personaity placed in the hern!ses Y; ring the tam ofthis Lease; and Pill 111�11114�p�11'Iqi (b) Upon the request of Lessor, Lessee sW execute such Uniform COHMemial Code Ci 41 (c) Said lien shall constitute a first and prior contractual lien and security interest oa.) the —11. .............. IBM;- NO I ME f"'COOM10 INMIN-11 MIJIM I Ik"Fal UOMMOZ CLAIMS OR TR[RD PARTY CLAIMS. ARISING OUT OF, UNDER OR IN CONNECTION WFTH TIHS LEASE. (c) Lessee certifies flud no representative or agent of Lessor or ift CIDUUSel has represented, ex%M& or offierwise, seek to Onkree this waiver of right to jury trial provision. Lessee om acknowledps that Lessor has been induced to enter into this Lease by, inter alij, the provisions of this sectiom 37. !NL OF T`FSS : Time is of the essence in has agreement, 38. HAZAPJ,) (a) Lessec warrants and rMeseiM that Lessee will, during its occupancy of the Promises, comply %ith all federal, state and local lavi& reLmil .......... A 3,F -7 -Til 117 U-M-Cjr*777-kon or A=, Vus Nubstances (a defined below), (b) For the purposes of this Section, the term '11azardous Substances" shaft be i W".#,/ to in n OW 11 a i N Rkt�A-- WIJU� chains, will or may reasonably be anticipated to cam deadi, disease, behavior abnormalities, cancer and/or genetic abnormalities, and oil and petroleum based derivatives, W The Provisions of this Section shall be in addition to any other obligations or liabilities Lessee mayhave to Lcworat4ww�fd this Lease. (d) Lessee shall indemnify and hold Lessor, its shareholders, partners, lenders, employees, or agents harmless from and against any claims, penalties, fines, damages, costs, expenses, liabilities or actions, including but not limited to attomeys' fees and fees for consultants, ;1 Met", 39. NO U M n M Nothing contained in this Lane Shall constitute or be construed to he or create a Oil u2nomffig W .......... it is intended at its address set forth hersin. in which case, the effective delivery date "I be the fift (P) daY after Pofitin& Either Lessor or Lessee may add additional addresses or change its address for purposes of receipt of any such ccation by giving ten (10) days prior written notice of such change to the other party in the manner prescribed in this lease. Lessor- 209 R Federal, LLC c/o GulfSUVOm Property Management, LLC 98D4 S. Military Trail, Suite E 11 Boynton Beach, FL 33436 Lessee: The Boardwalk Itelian lee & Creamery, LLC c/o Joseph Hurfirk 1401 Estuary Trail Delmy Beach, FL 33483 Attention: Joseph Hurtuk 41. ENIIgE_eta REE�: (a) All understandings and agreements, whether in writing or verbal between Lues and Lessee are merged into this Leon which Uly expresses their agreement (b) Lessee has not relied upon any representation not embodied in this Lem. (c) This Lease may be modified only by an agreement in writing signed by b Lessor mid Lessee. (d) No offm of surrender of the Premims by Lessee shall ba binding unless acco in writing by Lessor. (e) Lessee acknowledges that this Lease has been ficely negotiated by both pMm* and that in any controversy or contest ever the meaning, interpretation, validity enforceability of this Lease or any of its terms or conditions, there shall be no infebren presumption, or conclusion dwhatso rawn ever against cither party by virtue of that having drafted this Lease or any portion thereof. I 42. i1aL1 AND 13yr)1r(3 1.,pFECF b (a) This L=@ shall be binding upon and inure to the benefit of the heirs, loge representatives and successors of Lessor and Lessee, and the assigns of Lessor and permitted assigns of Lessee. (b) This Lease shall be construed and enforced in accordance with the laws of the State of Florida. (0) Venue for say litigation that may arise in connection with this Leascthe Property Or the Premises shall be in the county wherein the Premises am located, (d) If Lessee is composed of more than one signatory, be it a natural person or legal entity, each signatory shall be jointly and severally liable for each and every term and condition of this Lease. 43. BEY�� ff any covenant or provision of this Lease, or the application thereof to any person or clrcmstance� shall to any extent be invalid or unenforceable, the remainder of this Lease or the application of such covenant or provision to perams or circurnstanoes (other than those as to which it is held invalid or unenforceable) shall not be affwW thereby, and each and every other such covenant and prevision of this Lease or portion thereof shall be valid and be enforced to the fullest extent permitted by law. 44. Avyl ONE f 43HUFFT"PuRN 1,1111 Iwo APIPPRIP-1 (b) Lessee acknowledges that such disclosure will result in a material injury to Lesso W Lossm shall be liable for a darnages, both di red and consequerAiM damages arising from a breach of this Section 44, 45a RECODTN YQ 46. ---------- ess to Lessor) LESSOR. 209 Na FT&ral, LLC Y. By: Namc ED@.vi:s Cay nAli rr Ttia, . LESSEE: The Boardwalk Italian lee & Crewmry. LLC ry.y- ftZ,—n, �30SW�All� Title: W, "E R SLE Ej W QZ K RU LLE ■ 1 1 M.W.M.1, M wr 411 Rent until such amount is reduced to $0,00. Lessee shall not make any altemtions, additions or improvements (collectively, "Altzratians" and sometimes heraina, iii f> Lessee shall' not make 8DY shm-ations or additions to the Pr&Wses, install special electrical lunib*-- Ujxm completion, Lessee, shall deliver au ":::::::::::: , 1 �i� Ms s r r� :rf a fI �� x r^� � ��;: � xf � � +. i.. . „. f f" �f Y' f i" ,l ! f ys��l .I 4 ' � � f' !!` i la-�. i ,M ,t'f"! � fey i' � f /f L i xr � fl" � 'It � f it f: t M. # .; � V A � f Wi � f .. :±1, "I 'i ,. ♦ ¥ F �}! k a;- 1 .1 ,wt K f= f' �;� Sof. '. eta �� "`M f f �, j i6 �, f, 1'r l'' ,M ',i R I f� l„ .. i... / `ft } { i k f i f ! f Y i f R 1"4+'W fi, �� '-s Af � f'# ,,#f ! t�l��'f .�'-K '1 fd i 'I f': 1 f !!, {#" Sf1 f;. .. I f ! t - 'Ff 7 �.a f i" f ::#' f'F �. # ,fi �., !^ � fi `h M' f.^ '� ." � YM I� t+; f ?!':.. F", Ff M' 4/ {, i„' ii" f. iA # ! f f ! }�* "f �, ,r ,„ r f 3 I`+�c .. a. - � ": * -s f.: f I �:�, .ft f fit, �M f li�'.l f' i i t, '#' "� �#' # i r�» "l, i I � f a 1 Y ,, 1 ! i '� ! M 1 � f i t s F f',: i f X." i C ill : C' �, f it � `+, t ! .`[ ,f S f r f f' f i#f 11 5. C { f ifi�.r f !, i� M ♦ i,« f f t i --„ f I l I� f- X M: l i t, t� I f �� . NJ-,757O=r-xxwzm� ;1 jr, "' a St t7t Nalmonai � to a L— Rant. Lesser shall also Pay five percent (5/o) of the amount expended to cover Lessor's administration to eflret the removal. Lessoes consent herein shall not W deemed to constitute any consent or permission to do WW each �Orwcioronffi-e Provisions of this paragraph, consistent with F.S. §713. Lassm hereby agrees to indammly, defend and save and hold hiumiless Lessor and its managing agent and employees frorn and a and all suit claims, or po prop dam ed by 1, see's Work, or which was lost or destroyed in the perflDrmance of the Work. Lessee will remody at Lessces own expense all defects in all such work, whether the same shall af&ct the Premises in particular or any parts of the Property in general, In peHomling the work. Lesse% Lesser's Agents, and contractors shall not interfere with any work to be done by Lessor, Lessor's employers or contractors or by any other lessee, its employees or contractors. All work is to be performed Monday through Saturday, Any work to be pedbrmed at other times shall be performed only after obtaining the written consent of Lessor. Work. All electrical and power panel balancing sW be mainteined during the entire period of All cm drilling and conertte cutting WWI be performed only between the hours 6:00 aim and 6:00 p.m. If any shutdown of plumbing, electrical or air conditioning equipment becomes necessary, Lesser shall notify Lessor and Lessor will determine in its sole and absolute discretion wh W==- 1 mg a jTZ �,_ Nothing coaWned herein ar by mason of Lessor's consent to Lessee's Work &Wl amstaml 0 to AWTMA mmy" LAMORaMMAKEMR R ill�iiiiiiii�illillill WIN! M"' RIDER Provided Lessee is not in default either at the time Lessee exercises Lessee's option to extend the Term oX w. n� MAI Not"thstanding anYthiAg-tOth-e DOMMY, in the event Lessee is in default or has ever been in Mault under the k" MirM As a furdier inducement to Lessor to make and enter into the Lease and in consideration Date& SWISS -34-5686 Address: 14,01 Estuay Trail Delray Beach, FL 33483 Datock � \ ® y� � � � � , �. SS#. 3 7 4 7 Address: .Ypl__e Datc&, -- SS#- ..p7j647,-... 1 3 Addresq: &, t L&LA6en P?a37 w Guarantor: Michael Swain Birth Date: '71m&11fd,,& Drivers License Nt6ber- 0 Ar 3 h M. Flurtuk III B 67 irth Date: Drvher,q License 'r4umbcr: Birth Doe: Drivers License Number. LU&&AW-HKG_U'L 'ITONS L_ (1) All loading and unloading of goods shall be done only at such times, and in the am., and through the entrances, designated fbr those putposes by Lessor. (2) The delivery or shipp A ing of merchandise, supplies mid fixtares to and from the Premises shall e aft -ug Proper Operation of the leased Premises or Property. (3) All garbage . and refuse slid] be kept in the kind of container specified by Lessor, and shall be QIM MM"C rM jj%g 41 any of Lessee% refuse or rubbish. (4) No radio or television or other similar device shall be installed without firat obtaining in each instance Lessor' (5) No loud speakers, televisions, Phonographs, radios or other devices shall be used in a m=HT so as to be heard or seen outside of the Premises without the prior written consent of Lessor, (6) If the Premises we equipped with heating facties separate ftm thaw in the remainder of the Property, Lessee shall keep the Premises at a temperature sufficiently high to prevent fiw2ing of witter in pipes and fixtures. (7) The outside areas immediately adjoining the Promises shall be kept clean and fme fium dirt and rubbish W Lessee to the satisfactiA 7i obstructions or inmehandise in such arm. (8) Ihe plumbing facilities shall not be used for any other purpose &an that for which they am constructed, and no foreign substance of Siy kind shall be thrown therein. The expense of any breakage, slopipage, or damage resulting from a violation of this provision sWl lic borne by Lessee, whether the problem was caused by Lessee, its employees, agents or invitees. (9) Lessee shall not bum any tMsh or garbage of any kind in or about the Premises, the Property. (10) Lessee shall not he allowed to display merchnndiplace sigbles, chah or any other items an the sidewalk or outside the Premises without prior written approval fiwn Lessor. To provide for an aesthedcal pleasing appearance compatible with the architeetural design of the Ploperty, the following signage standards have been developed. These critmis have been carefidly drawn to provide adequate and equitable WAPOsure for Lessee's merchandising purposes, while providing the visual continuity and high level of appearanee conducive to success in the market place. To ensure compliance with the criteria, ffie Lcmr reserves the right to review all pro sc s criteriftd M WIN' 111111111WI-111"I'41, -TM I . Those stores designated by the Lessor as "anchor stores" shall be permitted the identification as is shown an their respective draMngs. A. Flashing lights and animated signs B. Exposed noon or other unshicided illumination. C. Audible devices D. 130K type sips F- Applied plaque sips or painted wall signs, U k . I � i ggggg-W6,", �1 z 3. The quantity, location, construction and appearance of all extedor sipage shall be as set forth in these guidelines. 4. In CMOs Of conflict with the IOW Ordinance, the local ordinance shall prevail and tA ese critmia "I be MO&flcd only as needed to achieve compliance. The spirit and intent of these standards shall be followed in such cases to the extent possible. 5Lessor's approval is required Prior to Lessee filing an application to the buildial, departmeW for a sign r' Ir v -w -1de-nfdficq All lessees other than those designated as an "anchor store" or "prime lessee" shall comply With the following standards: I . Only One sign Per each rental space is permitted on the facia, sign band oi- building facade. 2. The One permitted sign is limited to l name, only or may be a descriptive word or phrase such as 'TAW Office" or "Stationers." Advertising copy such as "Shoes for the Family" is not permitted. 4. Signs shall consist of individual channel letters illuminated with shWe or double tube 15mni neon. Const-ucrtion shall be .040 -gauge, aluminum with 1/8" trairslucent acrylic faces, Retainers " be ofjewellte bonding. Returns to be 4 V? deep. 5. All individual letters shall he mounted flush to the facia, then centered on storefront as required. All wiring and transformers are to be concealed. 6. Letter size shall be, as Lessor shall request Lessee acknowledges that go the minimwn size will be 19" in height. Only upper caw Helvetica. letter style is pamitted. 7. The length of the sign is restrionxi to eight (80) perc-ent of the length of storefilonL 8. Logos, symboh of trademarks am not pern-dued exec" what tthe determines that such if ft Laise.-Aa UzT�6�jks Q tradernark. V permitted, the logo shall immediately follow or precede the Lessee's namme shall not exceed the height of the permitted capital letter. The logo shall be included Calculating the total Sign aregL 9. Upon removal of the sip, the Lessee shall restore the facia to its MV condition at Lessee's own expense and to the satisfaction and approval of the Lessor. The i shall be removed when vacating the Premises, M Lessee shall, at Lessee's sole expense, install within thirty (30) d&ays from the Lessee a ens for business an exterior s reasonable time period not to exceed ninety (90) days. M No signs, banners, placards or other advertising shall be permitted in, on or a the Premises exoept with the prior written conserd of Lessor, in Lessor's sole discrefion. 12. All signs shall comply with all local regulations as well as the Sign Rider. 13. Lessee shall, at Lessee's expense, maintain any sign, canopy. prior decorraltai rmUering or advertising matter as approved by Lessor. in good condition and repair. RMADW—T-K, be withheld in Lessor's sole discretion, In addition to the finAQ"lot Vv MIMICOXAM 1der, I. Be solely responsible for maintaining trash meptacIrs in an arca designated by L=sor. which shall be kept clean at all times. All trash shall be removed on a regular basis and appropriate post control shall be maintained: and I hutall and maintain a UL Listed 02 Grease Guard N..ftop Defirnse Systems (or similar product as is approved in writing by Lessor) on the roof of the Premises around the entire exhaust fan or fiuis, by a contractor or contractors approved in writing by Lessor. 3. If alcoholic beverages am served, maintain liquor flability insurame in such amounts, form and type of coverage as Lessor "I request in its sole discretion, naming Lessor and Gulfatream Property Management as additional rasureds on a pAmary basis. If Lessee preparm food in the Premises, Lessee shall install repair, maintain and replace as neccssary� a fire extinguishing systent and grease fifters within the hood and duct of the cooking facility which satisfies the requirernents now and hereaftex established by municipal codes and Lewr's property insurer and to provide Lessor with appropriate documentation evidencing that this system has been installed. Imme Wmowledges that grease can damage the roof Therefore, Lessee. Shall regularly clean and maintain the cooking exhaust system and ductwork consistent with industry standards and manufhaurers recommendations in order to avoid offensive odors and to prevent darmige to the rooC Additionally, Lessee shall install and mainWn and replace as necessary any additional equipment necessary to protect Lessor's roof system from grease (e.g. a sand pan) - 5. Lessee shall fitstall, repair, maintain and replace, as necessary grease traps immediately outside the Premises connecting all lines from the Premises to the main sanitary branch. The groase traps shaU be installed in compliance with a loical laws and regulations. Any upgrading to the Sanitary Or sewer lines necessitated by oof the grease traps "I be performed at Lessee's expense. Lessm shall rwtore any parking or landscape am disturted in connection with the insWladon of these taps to a condition equal to that existing prior to the work. Maintain a monthly service contract Brom a licensed Contractor for the maintenance and repair of a grease trap- UVE ENTERTADIMFNT - Lessee agmes that all forms of signage, entertainment, special events and music (including ambient music and outside spmkws) that will be used in or relating to the Premises shall require Lessor's prior written approval. Lessec shall not permit any loud music or other sounds to emanaft from, or occur at the Ile - Premises and shall never exceed the level permitteA by local city ordinance. Y such Xts;AFIT , Ir 11-11 ZgEn-7-1, Lessee shall forthwith cause to cease or reduce such entertainment and music (including ambient music and outside speakers). IIQh'RE,LQCAA= ��a l 7 1) 1 cmdocutta 1jr Riviem Rvach. F13 3 halh-qOlutions Ildyahoo.rani Mick -at S%Nain 233 Smidtint/ lam Road CII [fill NJ DOW-1 " A ff FGII nave o'On 7 plumber) No fixtures iiiiiiij IF 11111RII11111111 ��Iii�1111111 . . . . . . . . . . . according to plans finshed out to match existing and interior drywalL (matching existing texture maybe off g litte) interior ceiling support beams to plans spec bathroom door. pass though door (between kitchen and service and customer area wfth glass painting inside walls white. paint caffing white, bathroom white kitchen white, office white. paint outside (color to be determined,) (you have person) build out- bufld deck to plan dimesions (simple deck est without plans from architect) (you person) P� ,, Estimate No- 57 f ]etc:242015 0 Ilk I UM='fi ° M 0#00�-' 0 M1, I ffr ht 6I mm-lauhle as 3 mrgm �tqw Ilmffm-� I lax (Migplo StI.1m) Tolal $116- .( 201610030 ELECTRICAL QUOTATION "K �' "efa, �w" , r .... .. . . . . . '! � . . . . . . . . , — (� � "P�W' 'M" ma, xx""�"l "k 11 . . . .. . . . . r r mw tr r r r r r ...... . . . BU COT ELECTRIC INC DELRAY BEACH, 11- 33445 501-265-1177 OFRCE Tfflf CR I W i 7' 711 no -I MX IT 1. 7 :17#51 a --* raw r*1114-1 -90-M flcriyl a 17711411 ". Trl -1. T V T 75 t'7 i=d a 117 1 t; I IFT K-*� ILYJ uJ10:1- MmIness owner and mbtad atErif to provide the folloMng-. All rnaterft, labor and mrkwls compensafim insuranee for The Installation of all interior power Wring, Ighting outkb, evvkhes, coiling lim otAhm. lighting fixture hatallabon, fan Installation, general purpose outlets, taridess wWm healer power wiring and o"ecdon, a/c pmw Wdng and connaaflon. parldng fat lighting underground condult, pole lighting Installation, sign lighting power and connection and raked timar device. Biscot a I Lei' • I.T 0 i r1 rs r11 94 201610030 ELECTRICAL QUOTATION uji Mrs Irv"", M Wq-; I 1 0 d Emm Dated 1413 �jguwma' 10.7 rT7z:r-rr;'PRI 4 State Licensed HuiMnx Connwtor CBC0595.96 Phow. (561) 276-6579 60 ESnMATE BREAKDOWN Project BOARDWALK rrALL4LN ICE& CREAMERY, Boynton Beach, FL DEde, 2JI612015 GENERAL CONDMONS CONCRETE/ MASONRY Fwtcr fOr n0w WaIL NOW mas=y WaR -with tic beam; In-fdlmuum-yaX STUCCO / METALS AIC and dam rmmval; Conwete WA at new p1mbing and at ejqmnded — am at now nwonry vak Stal plate at exkting tie bamn for nawnry wall m Continued an Ncxl PW Prciect 130ARDWALK rrALUN ICE & CREAMERY, Boynton Beach, FL 2/16/2015 MECHANICAL I ME SPRINKLEM: ELECTRIC |G !FWhim I eqWpmont vmvided by Owner, I= Lomz�� lum flmm� ASSOCIATES, INC. Customer Irftrmation T 01, 233 Sandringham Road Cherry Hill, N Jersey 08003 JOB: THE BOARDWALKITAUAN ICS & CREAMERY, 209 NORTH FEDERAL HIGHWAY, BOYNTON BEACH, FL., 33435 CUSTOMER: ILII L SWAIN, CTS 0 1 1 WORK:SCOPE OF INTERIOR IIILT ASPER 10 10-31-14 E . D1, 1, ,L 1, 1, g 1, g i (NOTE: PLANSARE PRELIMINARY BIDONLY) INTERIOR I E sed!r at Oty I Rate . 1 11,000.00 11,000-00 11 1,000.00 1,000.00 1 cus1 .. cto �_ ,. ....... .... ... Mil t ae dvv all ,,,,,,-1 ..... --------- _,...,..:� Oty I Rate . 1 11,000.00 11,000-00 11 1,000.00 1,000.00 1 15,000-00 1 X .00 4,600.00 g FIXTURES1. ALL ROUGH AND FINISH, BATHROOM LAV SINK AND POU WATER .-- D, ALL F (EQUIPMENTFIXTURES INSTALL OF BASIN SINKS INCLUDED. Subcontract, per unit 1 1, ELECTRICAL: PLAN 071 that ASSOCIATES, INC. 3640 Investmert Lane Date s 0Irrm' Unit# 16 .. RMem Beach, l ri , 33404 VI OI9 l ,...., �,.u.,,., 1-842-8266 J& DOC 037354 Mchael Swain Material, per 1 3.200X0 3,200.00 Labor, per 1 2,400.002,400.00 . EXTERIOR FENCE- AS PER PLAN APPROX 15 LF WITH A 310 X 60 i. GATE PT SHADOW 13OX DESIGN Subcontract per unit 1 1,000-00 1.000m EXTERIORS. 110 SF, PLANS) In. DECKING PT OVER SLEEPER 2X4 FRAMONG ON CONCRETE I r unit 1 1,3DO-00 1,300m . TRIM PKG: NO DETAIL OR SPEC ON PLANS: CASINGOF 4000-00 FOR BASE AND I , OR COMBINATION Subcontract, r unft 1 4,000.00 . FLOORING. IALLOWANCE OF 3.00 PER SO FOR MATERIALFOR INSTALL MATERIAL 1076 TOTALSF gi p� Material, q r 1,075 &00 3,225.00 Labor, per SF 1,075 3,221100 a. PAINTING: I 1 I , CEILINGS WHITE, ALLOWANCE r unk 1 10.000.00 10, FIXTURES1. ALL ROUGH AND FINISH, BATHROOM LAV SINK AND POU WATER .-- D, ALL F (EQUIPMENTFIXTURES INSTALL OF BASIN SINKS INCLUDED. Subcontract, per unit 1 1, ELECTRICAL: PLAN 071 114 1& Hil 1, Lt*l �01 TJ NNY IT, Wig lljy S3 1� W LIN TOA limumm E f m ao I Lil 9 12) —1- Z-7 219156 .. . ... .. . . Am=M 1 1,000.00 1,00moo 1 2,500.00 2,500.00 1 6,400.00 6,400.00 1 1114111 12,105.00 1U16.50 25,420.W M,Mr� couhrm-w—miLmuNsm for use. throuiftut Palm Mach County and FBC l . P Accepted i ion R _. ApPlIcatlaftw. .,.., Ros l"W Ross NOTARY REQUIRED IF $ 2,WD O BUILDERS REGARDLESS OF $ VALUE $7ATE OF nWRIDA COUNTY OF Pres Beach Sworn to r subscribed ,. me this 221 $a e uNaWy pabjjCffi M , 2015 CqMrgeolon # EE 14,M08 Sworn r sus and subscribed % me this day 1 (Print, 12, r rnl st � Notary Pam 1 asan nRjW a.�Y�gk¢��8s36ff6S§'d ., y ma,�yy,g�.. pa pp��§g .�ef 2 o ar � 36c 6 state W Ft rldl MY COW. EXPifes Aalk 17,2D IS g �""wssl s 160425 ES32M The East 1/2 of Lot 12, Lot 13 and Lot 14, Less the 10 feet thereof, Block 1, Original Town of Boynton Beach, according to the plat recorded in Plat Book 1, Page 23, ill the PUblic Records of Palm Beach County, Florida. I 19' Iff Q C 4 MDU aco;i v Itum tr-m I E w r CL J: , w Van - w M EL CL %%7 3 yt t, 4, ` ' i I In an"a'sk „ :; - for this facility. (Please see equipment list for more details) This drawing also shows the deffned space and Its use. Please see Landscape Drawing for outd#, i; Drawing L51, Life Safety Plan, Identifies evacuation plan tD exit the building along with emergency I INIONEEnrom., �a � EJB nffi-tl� IJill O 4 6 IG Site Data lite m TOM "Am AMBF UIAQ MM lip 0.19 Ac . .._ _ .�_ ... ,129 6 As ?A% --Mm AsIft 4 CR' -. a'1t _ .A ffiF L13AG 4U% fi" BF 020 At 7$ AM RF an At lam U. Parking- Px iO 9s Ef i�s4ffi b$� 5 @y FLUIZoni ubm U. PM El EME .. r �Jw 4 'V cc 29 HANDICAPAIG —_ .�.. [SERAYI. JUW: 14E3 . r.F. BAT['® 12:10A4 216.1# P.67. 15 #.28. M5 IAV — 1' 71 NOTE5 1 .- YY h C I G ®—'" i.'T_fl®� I ° GVWSnU Rkasval mill k 9 rrrk. d wisArnrvesk rearm m n &ten frta . !N en` !3 F'd ' '., A,fl9hmSk 9ah'�MJ'mora 's6^d d t, 9 Y d — , 4- 07& t. 65r W�9 ry' 6.R9KNLW*. MILM $*r*&1.'.... i-1+�-f PXA4'�.Rh`. Y._w®. i 1_, YAN.� PlAiIYfs". I _® � _ i-Gt d',i� �'" q utl IWM4N4 YL�GM1�ii9 _ �d LpUY6F _- . ✓�L '' gyp *� 'rvca_ M9'✓tt+MBAUN4A . ,a { 4&S.' 0 �SASk'a §K` �RdkWY i i 3.6�. MS a� i � � uyv � 4 W 9AWO tt&Y � �rP6t4_„It9 U5 t WY, # 1, 5OUTHBOUND Cn8EP AND # RD'S DMA Wa ROMNMUM n tmv b YPGWm Edd d mA1Gh. re�xe S� 2` �'s+r m wn#.W. N6 u— J Niun MI re MACM v �YMa ,,% N 1 P1 4�czAs , . 'V74di larRn '.+uwn�yak�n b¢ Ge I i b p+j ragrw mY�mwY REvc §.er Imtwn, _. _ PL U*T edl1 65r W�9 ry' 6.R9KNLW*. MILM $*r*&1.'.... i-1+�-f PXA4'�.Rh`. Y._w®. i 1_, YAN.� PlAiIYfs". I _® � _ i-Gt d',i� �'" q utl IWM4N4 YL�GM1�ii9 _ �d LpUY6F _- . ✓�L '' gyp *� 'rvca_ M9'✓tt+MBAUN4A . ,a { 4&S.' 0 �SASk'a §K` �RdkWY i i 3.6�. MS a� i � � uyv � 4 W 9AWO tt&Y � �rP6t4_„It9 U5 t WY, # 1, 5OUTHBOUND Cn8EP AND !�W'E�-ATVM POUTH ELEVArJqN NN -1 -11MUMM nI.T.V"-. ------------- a 'i , i `' f ° uva. cs.:r we,-ate. u a:.�ays urea a s eml ill!l M Mill 11 ROM 'III 1 11111Ili! III i� 1 i LIT" DWI at Agenda I I Old Business I I New Business I I Legal I I Other P pill fit 1 9 S 4, TT-W-FIAZY: 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. The Boardwalk Italian Ice & Creamery, LLC entered into a 5 year lease on April 3, 2015 as an Italian ice/ice cream shop located at 209 N. Federal Highway, Boynton Beach, FL 33435 with a base rent is $2,200.00 per month. The Boardwalk Italian Ice & Creamery, LLC falls under the category of a Tier 2 business (as outlined in the grant application). If approved, the applicant is entitled to half of its monthly rent not to exceed $900.00 per month for a 12 month period. The maximum total reimbursement for this business is $10,800. The applicant meets the eligibility requirements under program guidelines and will be reimbursed on a quarterly basis with proof of rent payments. N1 IVI W I it I 1 171 RECOMMENDATIONS: Approve the Rent Reimbursement Grant not to exceed a total of $10,800 to The Boardwalk Italian Ice & Creamery, LLC for the property Located at 209 N. Federal Highway, Boynton Beach, FL. C Michael Simon Assistant Director - Applicenre E)pmienr _;t • _ N an acceptable level of finarWal 1. R ewithinN discretion of the CRA, r a. n eligibility requirement fbr funding. A COPY Of the consumer report wig be provided to the Applicant upon request. 7. Applicant proposed SublOtting Ow propertygranth ► prohibited. Violationconstitute i = yynaW of grant funding. 7iT t ri f z �: ! i�.'WS GOrnmerclaF,7-7R Reimbursernent Program: • Owwankuwa swes I i' . - t ;, + r r. • Owwhw r, • Mancini Services duck cmhkV '1'. Tak94XA Fooft .1 LlqwrSkx= AkdW andfora Rehabibilon Any un ddwmined by the CRA OW or go CRA Board 00 would not whwm the . ..,' _ 4 Of the CRA 0 I 1' d .,r , BOYMOU Bank FL 33435 OnlY U WAW restaurantstotal ( a 1 ig capacity of 5o 99ft are elIg"e. The restaurant must how hours cwiducive flor the MCINSIOPment of the dowribivn. IVOrating hours Include but are not rimited to 12:00 p.m. — I O. -W p.m. Restaurants with total smung capwft under So Gourmet Food Bakery ■ and Breakfast Clothing Boutique - CbNng, shoes & accessories HMO D6=AMdgn - home ftmishings, ad galleries. WWW Wares SWIM fitness centers and salorts !: ♦ ` e Offices * Reef Estate f F? Insurance 4.'fi" Marketing Office ! ►lO- ! or GamAed MuN.Mr yeat ! Minimum provide the lblkmft InIbffnadon: drawing of the Space. D&KApUon of utilitles that am the j9rwfS responsibility. Rental rate and deP08ft "long Vdh terms Of 191089 end methodology for ROWMI90 PwtY for kftdojr and exterior repairs and/or Impiowwvda, Insurance requimmerft, Ablifty to terminate. ♦ _ ► hw of deftuft► 1;epaq. Rent reimbursements All not be paid until all construcUon has ended, My and County !o a ...... r� obtained :' ► 11 ► 1 ► _the business 0 P . 3 of 11 710N.FednWEWmay ! Bw.AdwBew%PL33435 w kr;� . r" R -' • r' a ! 177 ! r7, 7, 1 The rWdpt r - payments guarantee to dleconlinuo' rent reimbursement payments at any time acmdlng to ft sole and abookde 4 ,- t`I '�_ �� .• i i +DF AiJ t ' # ► _ _+ �_ ! t: . t • x-:11 e October 1, 2014 — September 30, 2015 Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Program Application "Please Type or Print Only — Use Additional Sheets If Necessary) AUSINESS INFORMATION. Busin S, Name (D/B/A if applicable Current BuWnea MM Phone- 00 Fax-, goo/. M Now Business Address (must be Mthin CM District): 40,7 1 Square footage of existing location -2D -Square footage of now location 10'2 Type of Business: I '5 re Operation. Number of Empoyees: Hou of Pop 7 of 11 7 10 M. Fed=W Highway Boynton Bwch, FL 33435 - T PIRM ERINFORMATION: r-MMIL. Fd IF Mc FWrM'VGF W101 Veir-1cro rn0n@:FF. row 0 2k rineIle- 4 v Data A3 pew Cune rywee- 3. Prind paVOwnerNa e: :�e R>"4rca-ii 4 U r AV'K Date of Birth-. D? 13 Y Current ss.0 isU an -r-Ool"W'I Pig ona#.- 4. PrincipaVOwner Name: Date of Birth: Current Address: Emis — -#- "- - -------------- ---- - - - I V 117139NOTOIF-111W It I ; Z I -- 0 1 - Businesses only), Yea_� No ff yes, what additional programs are you appl�lng Pr Are you receiving grant assistance from any other governmental agencies: Yes— NO -X If yes, list any additional grantsources and amounts: 1, the undersigned, applicant(s) certify 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 Akels Pap 8 of 11 710 N. Federal Highway Boynton Bewh, FL 33435 Phone 561-737-3256 Pax 561-737-3258 EmmLcatchbowtonxom 'o' T 771'"M r7lmr till" 41*11%1' 1 STATE OF Y 0 CXXJNT F�J� "Fir 7 � n� �41AL-mayrp =. �ma w 1 1. itnw, 21.1 -1 Pmgrarn's RukWRequirements and Appiloation. e4er- no Landiord's Signatum Date Pdnted Narne Me STATE OF c6l COUNTY DIF AL 77-17,74Mi 7:771 wboVare produoed Identificatlon, ancl acknovAedged hefshe wwcuted the braping Agreement for to use a purposes mentioned In N and that the Iniftment Is hWftr not and deed. III Jill j7 777' X=lt I - M7 bog pap 11 of 11 710 N. Fedud HWm" Boynton Bai* FL 33435 w N m C N MA a �3 a, �U O Ln LA m CL m E C O c� U O J L N O ClL Article 11 The stred address of the principal office of 1he Limited Liu biI4 Company is: 620 LAKE SHORE TERR DAVIE, f -T,, 33325 The mailing address of the Mmited Liability Company fis: 620 LAKESHORE TESJZR DAVIE, FL. 33325 Article III The name and Florida shwt address of" the registered agent is: JOSEPH M HURTUK Irf 620 LAKE SHORE TERR DAWE, FL. 33325 Title: AMBR. JOSEP 14 M HUKFUK M 620 LAKE SHORF, TERR DAVIE, FL. 33325 Title: AMBR MICHELLE HUR'ILIK 620 LAK' SHORE TERR DAME, FL. 33325 Title: AMBR EP . M IIMTUK 620 LAKE SHORE TE RR DAVIE� FL. 33325 Tide: AMBR BARBARA A HURTUK 620 LAKE SHORE TERR DAVIE, FL. 33325 Article V The effective to for 1his Limited Liability Company shall be: 09/0312014 Signature of member or an auffiarized representative Eleeftmic Sipahze: 10SEPH M HUR.TUK III I am tw member or audxxdzed repromftfive submian 1hew Arficlas of 0 =don wid affiM te file futs stated bmvin aretrue. I am awam &at Use infonfia-fion subm ' ro....,# Dh, Depufte& of StaWamsftbs a third degm felony as provided for in s-917..155, F�S 'I undentand the requrement to file annual I an be�tween January 1 st mW May Is in dw odendar year following formi of the LLC andevoryy =ereaftertomaintaifi "active" statu& irqpl�l !��Iylll��Ijpllj�plgp I FTM MUMVIO MEN Aftwb=L Loom's Work Rider Lessm's Work Rider E)dmgon Rider GM—Ifty Rules and Ragubtions Sign Rider Restaurant Rider site plam Relocation Rider MM This Tease is made and entered into by and bawwn 209 N. Federal, LLC C'Lessorlj and The Boardwalk Italian Ice & Creamery, LLC C -Lessee-) For and in consideration of the mutual covenants contained hereK Umor leases to Lmsee and Lessee leases fmm Lessor the Premise as hereinafter defineF. 4121119IMMAM MANG I (a) information (1) (2) (3) Date of Lease: i*11111" _, 2015 Lessor: 209 N. Federal, LLC (4) Payment Address: (5) Lwow: (6) Lmsee's Address: (7) Building Address: (8) Pxculises: (9) Property-, (10) Use: (11) Term-, (12) Commencement Datc: (13) Termination Date: Boynton Beach, FL 33436 802, 9. 1-fility'-V The Boardwalk Italian lee & Creamery, LLC 209 N. Federal 111ghway, Boynton Beach, FL 33426, 'The building shown on the Site Plan containi and Creamery engaged in the sale of scasidalcarnival/boardwalk style desserts and treats for on and off Premisca as may be necessary or incidental thereto and for no other purpDac. The Premiscs dmil not be used for any illegal purposes, nR,. in any manner to create any nuisance, treW, nor in Sixty (60) months from Rag Commmeement, provided however that it the Termination Date� as determined herein, . . . . . . . . . . the last calendar morith of the Leaw= T Tenant shall pay Gross Rtn% Percentage of the last calendar month immediately preceding such odonsion. (14) Initial Deposit: $4,664.00 consisting of a sci;urity deposit of $2332-00 and first months rent of $2,332.00. (includes sales tax) (15) Rent CommancementDate.- The earlier of (i) the date Lessee opens for business in the Promises or (ii) One Hundred Eighty (I 8D) days from the delivery of the Premises fi-om the Lessor, (16) Monthly Gross Rent: Year I - $2,200.00 per mon6 commencing on Rent Comnusticemort Dew (as defined above) and ending 12 months thereafter. Each anniversary thereafter, rent shall increase by 3% over the amount charged in the year immediately preceding. The Gross RrA WWI include any and all Operating Expeuses, Insumuce charges and Real Estate Taxes incurred by Lemr with respect to its owneraMp of the Property. (1 7) Total Monthly Gross Rent: $2,332.00 (Monthly Gross Rent it adjusted including applicable Florida sales ta)L) (13) Extension Option: Number of Extrnsions: one (1) Length of Extension: Five (5) Years Rent shall increase annually by 3% over the amount charged in die year immediately preceding. Option Notice, 180 days written notice prior to lease termination, subject to terms of Extension Rider. (19) Broker: Gulfstroam Commercial Realty, LLC (20) Guarantor: Joseph M. & Bubars A. Hurtuk Hchacl Swain & Joseph M. Hurtuk III (21) Lessee's Allowance. Up to $20,000.00 subject to the provisions of the attached Lessee's Work Rhier. (b) Definitions- In addition to the ternis that are defined above and elsewhere in this Lease, the following terms aand r herehlafter. Lessor, (2) "Building" means the building located on the Land (w howirtafter defined) in which the Premises am situated. (3) "Property' means the development consisting of the Land and all insIrovements built on and to the Land including without limitation the Building, and do patiring areas, roadways, pedestrian sidewalks, driveways, whether open or closed, delivery area-% trash removal areas, landscaped areas and all other areas or improvements (as hereinafter defined). (4) "Lease"means; the body of the lease together with all exhibits, riders and attachments, (5) "Lease YwY' means each consecutive twelve (12) month period, beginning on the Rent Conmicnocnient Date. (6) the Monthly Ciross Rent and Percentage Rent which shall be paid to Lessor, without any prior dernand and without deduction or set-off Whatsoever. (7) "Term" means the initial tenn and where applicable shall include the Extended Tenn, if any. 2. 3JRM- The Term of this Lesse is as set Rwffi in the Basic Lease Information, beginning an t1w Commenoment Daft and terminating on the Termination Daft unless renewed in accordance with Section I (a)(18) or tormiriated sooner. 3. REI_,4T: No"= (1) 1he Cross Rent shall be due on the flrst (P) day of every calendar moatth in equal monthly installments ("Monthly Gross Renf). (2) The Rent shall be paid commencing on the Pont Commencement Date as 1W- 11NOW110, RAI Pam Partial month as well as the Gross Rent and any Additional Rard for the next succeeding calendar month. (3) Lessee's Gross Rent for each "Uaso Year" of the Term after the initial Lease Year shall be adjusted as stated in Section l(a), Basic Lease Information. (4) All checks or negotiable draft for Rent am to bv me& payable to the W IMEMERM (1) In addition to the Gross Rent provided for herein, Lessee shall pay ova T-. TWM terI of this Lease and any renewal tems or extensions th=4 Le;�Ce— AN W-4 "Wail", the preceding tout year. At the same time Lessee dA pay to Landlord such P=wtW Rent as may be due thereon. The percentage rent for each lease yeak years. (2) Gross Sales Breakpoint: The Gross Sales Breakpoint for each lease year of the initial term shall be the sum of Two Hundred Fifty Five Thousand and 00/100 Dollars ($255,000.00). (3) In the event Tcnant exercises its options to extend the term of this areement as herein 0, - 4 1 1"Nsma &LO sum of Two Hundred Fifty Five Thousand and 00/100 Dollars ($255,000.00). (4) Gross SO= The term "Gross Sales" as uwd herein shall mean the PMM Ccoss smales 'Cz- for en.6 or Ath*M;q-- 17CIIIII CUTY-3171-1 kj) tult)Wtuams or adjustments granted to customem; (6) sales made by Tenant at discount to employees; and (7) any Jnt=94 finance charges, service dwges or similar charges which may be charged on any credit salw. (5) Rmords., Lessee shall keop cornplete and accurate booh and records of kept by Lessee at its principal accounting office. All statements of sales shall be Icate-I 1!!? C07"- hy lh-- LP—qs-,qr 2j�l rIAl '-m 2&iqlmzive mless Lowvr, "ANA six (6) months n'ter receipt thereof, shall cause the applicable records to be audited in a manner not to unreasonably interten with Lessas 'business by a cortified public accountant employed and paid by Lessor. If such audit shall ilis�-415e- A -t Ltwilse, 5 SZ12s �mvff Izen w0w-zqj�*=I-sw *1, percent (101/1a) or more on an annual basis, Lessee shall pay to Ussor as Al-Riti'mod Ae:rt VA'AYU t= (11) &*Y,. %Aw- &V . !he c-r-st If nit 1yBt (11vt tq exceed $5,000-00) in addition to the defirieney in Percentage Rent, which deficiency shall be payable in any event. (a) The Security Deposit "I be paid and delivered to Lessor simultaneously with the delivery by Lessee of this executed Lease. 7 ormance. of Lessee's obligations der this or all of the foregoing, In such PRIAM IVILIN I U71 IF -151 (c) Nothing wntsined l Lease will be demned the consent or atri; rnerd of Hen law. Further, and mom specifically, absent Lessoes specific writtm consent, no wwf All, '41 wl""� documentation tu effectuate the purposes of this Section. Lessor dmill be entitled to U i days prior to the commencement of any work (Including but not limited to any maintenance. revairs. alterations. addifiaTs. kaTir covanentv- ew i. WON ,f,as^i' 1WDEK. In affkluon to"Lle above, Lessor will nave the right to post notices of non -responsibility or sMIar written notices on the Premises in MtW to pmtect the Premises against any such liens. (c) Lessee shall open for business and continuously conduct business within Om Hundred Eighty (180) days from the Commencement Deft, 7. M&PUSO ME AP ZL,A�TRz .1-- (2) Lessee shall, at all times, and at Lessee's expense, maintain the Premises and thp Property in a clean, orderly, sale and asaiftary condition,. Lessee shall be solely responsible for the extermination of post, termite, rodent and organisms from the Premises mid Pr" and, if ded, s6ll 4-11 TI—OU UZYMN177ion Service conlram 1:or covff4ng ilese palodle services. (b) Lessee shall be obligated to repair, maintain and replace during the Term (i) any Wass windows doors and do oil"M ANIMMINNOww"gM, I IL pilm-14 at all times, and (vii) any and all other appurtenances of the Premises. Lessee shall maiC tain an annual service contract an the headnS, ventilating and air-conditioning "— w "' d ww"'Qkq— w'�L'A%-" Wh' A foil"lIl but not limited to the curb on which the air-conditioning unit is placed. (c) Lessor shall not be responsible to make any improvements or repairs to the Wo "A Will , W1 Oih Swis WMAN to Lessor the costs of same as Additional Rent. Lesm shall not be obligated to commence repairs until Lessee notifies Lessor in writing of disrepair. (d) Lessee shall nut at any time leave the Promises vacant, but shall in good thiffi applicable Laws ine of full selection 9. AQUK" -PK=W,: (a) Lessee shall permit Lessor, Lessors agents and independent contractors, during -ustomary business hours, but in the event Lesser deems the situation to be an zrocrgency, then at any time, to enter the Premises for (i) the purpose of maki%, FITIS ons and 'I JiQ removig b �,1! � 111 i 111 W 111", I I ift Log A tol At TwWo'giffa, I gaEg via a (C) Nothing herein shall be deemed to make Lessor liable for the condition of th7 [Vir.mises. Mw prior written consent of Lessor, which Lessor may withhold for any reason in Lessor's sole discretion. Consent by Lessor to one or more assignments, sublettings or traitafers shall not operate as a consent to any subsequent assigomen� subletting or tranaft each of which shall require Lessor's separate wdftn consent. W1„Xy004r,IMMISIM-1 AIXI�W;M, Ift, IX- RA 12 �A (1) A copy of a fully executed (exoept for the requirement of Lessoes 1 04*01 IIg-X,wr,w,j I fit ml, -W I W, - "A .slim r tho sublease between Lessee, as assignor or sublease and the assignee or sublessee, as the caw may be. I �,d) If Leasee is a corporation, partrimhip, limited liability company or other legal . . . . . . . . . . . (e) In the evaut of a permitted assignment of this Lease, or subletting of the Premises, due tD Lessee's d t or by operation of law. (h) No assignment or subletting is permitted to another lessee or occupant of thc any reason in Lessor's sole discretion. Lessor consents to an assignment or a subletting but the term ofthe assignment or sublease has not be the two (2) years immediately prior to the proposed mignment or sublease, (h) Lhe transfer would breach any covenant of Lessor respecting radius, location, use or exclusivity relating to the Property, conflict with, be incompatible with or have an adverse impact an the tenant mLx of the Property; or (i) if Lessor's lender requires for Lessor to refuse the transfer if the lender dow not cm&-ifut, (b) Lessor shall not be deemed to have consented to a proposed awgument or (a) Lessee shall abide by end comply with all rules and regulations now or hereafter pmoribed by Lessor for the Property or the Premism or both. (b) Lessee shall neither permit nor commit any immoral or unlawful practim or act in or upon the Noperty or the promises. (c) Lessee shall not permit any noxious, foul or disftubing odors to emanate from the Premism (d) Lessor shall have no duty to enforce any rules and regulations as against any other tenant or occupant of the Property. Lessor shall not be liable to Lessee for violation of F -Y 1 4 M"M M Lessee shall be solely responsible for compliance with the ADA within the TI, 11:ALUTI the Propetty or the Pren-dacs are not in compliance with ADA, th�n, in the everd, upon the Lessee to bring the Pwpmly or the Premises into compliance, the Lessee shall effitutuate such repairs or alterations as may be required to effectuate such compliance Lewes consent to alterations), and Lessee's failure to accomplish such repairs or (a) All additions, fixtums or improvements ("Additions') which may be mads - by Lessoc shalt become the property of Lessor, remain upon the Prernises and be (b) Y requested by Lessor, Lessee shall at the termimfion of the Lease, at Lessee's expense, remove Lessee's all or a portion of the Additions as well as the signage, insignias and the like on the exterior of the Premises and the pylon sign, if applicable, repair all damages caused either by the installation or die removal of the foregoing and deliver a vanilla shell in like -new condition. Ibis provision shall survive *e termination of Ov LmQr, 13. fOMPLIA ' '��LA�S: NU the manner or conduct of Lessee's business or operation, or is relative to Lessees I (Ya Imsee shall pay all of the costs, liabilities, expenses, fines, penalties and damages and Promptly comply with and observe the provisionsof this Section. (c) In the event Lessee receives any notice alleging violation of any laws or any rwtiae of regulatory action or invead"ion instituted in connection therewith, Lessee -It"i A411-I"v 96liver i W. if *11, M111M q,[,4*xq*g@ I U a 14, jt�TDFWINNY AND IVISURANCE: "RA, jl I'll "AWDIA1101411i'""i'l.. " t -00, 1 66 1 attorneys' fees and COW costs through trial and on appeal including attorneys' fees any acts, omissions, neglect or fauft of Lessee, or any of Lessas agents, invium, licensees, r"ePsentativm successors or mi s. ingud-in; but,j.1 "r -i to. cQ 11-fejit M on, or about dw Premises or the Property. (b) Ussce sha1l, at Lessco's expense, take out mid maintain throughout the term of r-*P,RU PURI IMAX14 UJU HIUFJ��dSCC ".��4jj!uonaj InSurea, ir any, as joss payee as 3"icir respective interests appear; the following insurance - (i) fire and standard extended coverage insurance including sprinkicr &JKg -imawas., Iwo Ww"41-WI boiler and machinery insurance coverage if it applies; (fi) business interruption insurance in such mount and for such rislrs as would be carried by prudent (IH) comprehensive general liability, contractu:al liability, noowned , XLz ................ clauses; (tv) pollution and ramediation legal liability insurance to cover the ridm A intod with the handlin Q;qa al, n IIIIIA17ml,it-M*C,4$4l't'*�;At,I 6" (y) plate glass insurance; (vi) builder's. risk insu=cc during the course of construction-, (vii) so called "Dram Shop!' insurance if alcoholic beverages an sold by the F essee for an or off promises cornsumption; and (viii) any other fim of insurance as the Lessor may reasonably request from time to time. (c) Lessee's policies will. (i) contain the Mortgap's standard mortpge clause and the Lessor and those for whom the Lessor is in law rcuponsibiq (ii) be t*m out with WAN the Lasso— Vie TM delivered to the Lessor simultaneously with the Commencement Deft, (d) 0 N any itUnuance policy is cancelled or threatened by the insurer to be Coma fn ewe UzMM,17M"* mkjl -1 ', Myl M 4 r! (ii) The policies shall be delivered to Lt9sor within dim (3) businem days from ffic Commencement Date and with to LT policies as required by this Article 14, an amount equal to five Percent (501a) of the A" jasjm�w;c f-mmus mail have the right but not the obligation to obtain such policy or policies or such additional coverage if not obtained afkT giving Lesser five (5) days, written notice, the cost of which shall be paid by Lessee with ten (10) days' demand by Lessor, as Additional Rent (e) Lessee shall also comply in a timely matmer with all occupational, pro&ssional and licensing requirements applicable to Lesses use of the Promises. Lessee shall .9=.nUv, W epA safety and regulatory officials havingjurisdiction over the Property or the Premises. (f) Lessee shall comply with any and all requests made by Lessoes fire or liability insurers with respect to the Property or the Pmnises, or both, at Lowers cost and expense. Ussee shall pay any increase in Lessor's fre liability or other insurance premiums over and above the rate in effect inunediately prior to the Commencement Date caused by Lessees use or occupancy of the Premises and 'r 1. rent shall be abated. If e Premises are riot tenantable within such time, either Lessor cc Lessee shall have the option to terminate this Lease, V either = OMWW7, the time of the casualty, and all prepaid rent and any unapplied security deposit shall be returned to Lessee. (b) If only a part of the prendses shall be destroyed, Lessee shall pay a portion of the aw;l "T. wwhj k---sk4w r&A, Nwrv��, 16. LLSSE9a!RQ=.-A'ND B IRATOIJ: -USINESIDEF —j – (a) Ali of Lessee's property placed upon, or moved into the Premises shall be at the ,vale risk of Lessee. structum by mason of the elements, including but not limited to rain, wind, lightning, flood, or Brorn any other act whether by Lessor or by a third person, or (H) for the U011f 'W'JorINNO Lassoes agents, independent contractors, representatives, successors and assigns, nor foregoin& With respect to laixtnt or patent defects in the Promises or in the building, Lessor's liability shall not extend beyond one (1) year for the date of substantial 0 17. j;QEDjJjdNA.TTO-N- 1 *114140 NO 11�rai the, original floor area rentod and Lessor shall, upon receipt of the award in condenmation. make -nmi-nw altzwbarpe tc Aq-. ��j? T Pe,,,�r qV.W irw5ur VI ��, LY 0011ccuou IFY Mortgagoe, WNWAN �11'1'101161'0 for the value of the diminished fee. (C) If in the reasonable opinion of the Parties, the taking renders the Prarnises untemtable or the Property commerciaQ not viabI& i"r or Le Sri of the notim (d) If this Lem is taratinated as provided in this Section 17, the Rent shall be paid up to date that possession is taken by public authority, (e) Lessee shall not be entitled to and expressly waives all claim to any condemnation award 6 3r I:L- Jyjx--�.-r} Ra# IX -t � M-17 ve-g-EWIVa-) including but not limited to electricity. trash removal, telephone, ps, water, sewage disposal and the like. Installation shall be at Lessees expense. 9 FOR, W. ;. W. i, - 1 MS., LIV4Uk6 el AS.-MVII 1,0001, other charges as may be assessed by the providers. (o) Lessor "I not be liable for any intermption or failure whatsoever in utility services and Lessee agrees to look solely to its business interruption insurance for recover of an lo seg W, 10-ott "mVid ; 4 �f W 19. Qt -Tit observed and rerformed, Lessee shall. subimt to all of the tenns provipions ;t4, Tenn hereby demised. (a) Provided that Lessor does not relocate Lessee during the ffist twenV four months of the initial N -we term, following the I-Aase's Rent Commencement Date, Lessor ti V47- R dM41.,g tx T0ITa--*r Losee to space elsewhere on Federal Highway or Ocean Ave in Boynton Beach as defined in the attached RelocaVon Rider, (the "New Pmnises'j of approximately the same Sim as the Premisas (b) If Lessor elects to relacm Lessee, Lessor shalt give to Lessee notice not less than ninety (90) days prior to the daft Lessor intends to make the relocation. Upon receipt of notice from Lessor. Lessee shall have the r! advanced written notice to Lessor. (o) If Lessor relocates Lessee to the Now Premises, Lessor shall pay reasonable direct -out-of-pocket expenses of Lessee in moving fbin the Premises to the New provided Lessee already occupied the Premises. (d) Lessor shall not have any liability to Lessee for loss or damage of Lessee's to the gross negligence of Lessor, or persons acting on behalf of I&ssor. (a) If a relocation occurs, this Lease and each. and every of its covenants and of this Lee= with respect thereto, Nonetheless, ff Lessor requests an amendment to reflect the confirmation, Lessee shall execute and deliver such amendment (a) Lessor shall have the unrestricted right w convoy, transfer, mortgage or otherwise encumber the Prentises. (c) Lessee shell executo any and all documents or instruments requested by Lessor or S�4zM deftult and such other matters as me r, on the esloppel certificate. (e) Lessee sball deliver the subordination document and tile estoppet cerfircate within ton. (10) days fiorn the date, Lessor sends these documents to Lessee. M If LAMee f8ih to Comply with the provisions of this Section 21, it shall be deemed a default in accordanoe with Section 23 of this Lem. 22. POSSE3S (it) If any mortgagee comes into possession or ownership of the Premises or of the PfflriuV, or &cqaum- will atiorn to such mortgagee. In such cvcnl� Lessee will not be antitled to a credit for Rent paid in advance. MGM 11 1 1" 1 i W . . ............ form and substance satiActory to Lessor and to the mortgagm, evidencing the modifications; provided. however, tliat die modifications do not hwrease Lances monetary obligations under this Lease or materially and adversely affect Lessees leasehold interest created by Us Lease. 23. FeYj� LT - (a) If Lessee shall' (1) falls to pay to Lessor the Gross Rent, Percentage Rent or izatior4 make my to 4 within five (5) days artar Lessor mails notice of such dAult to Lessee� or if the Proceedings, (vi) if Lessee is a ftanchisee, if Lessee defaults under the terms of the fiWichise agreement, thm Lessee shall be in default under the torras of this Lease ("Defladr). (b) ff Lessee sitall be in Definik Lessor will have any and all rights and remedies W1 (c) If Lessor elects to terminate this Lease for Le 's Delimit and if at such time 510 ilfiQ'11 11�0& immediate lit' sessionn 0 the Premises. (d) Jf Lessor cannot terminate this Lease because of applicable hanlauptcy law, then (a) Notwithstanding anything in this Lease to the contrary, and without limiting itH 4jj M 'kjVjLqj1*j 17TRUMM! necessary to protect its interests, provided that such amount does not exceed four (4) MttaatkS*f VxCF-Aez VIAly Qz- ics 111"zit; tr (H) 04--c!n-0 er-waw-, UmMe XCE4XIt and pursue all of Lessor's rights and remedies under Section 24 hereunder. M LCSSOe may not remain within the Premises dber the day the, Lease expires without Lessor's written approval. With Lessor's approval, Lessee shall become a twant at will and as such of the expiration date, If Lessee holds over without Lessor's written consent, Lessee sunwders possession. Nothing contained herein shall be interpreted to grant permission to Lessee to holdover or to deprive Lessor of any rights and remedies with respect therato. (g) All of Lessee's covenants and obligations contained in this Lease are independent of Lessor's covenants and obligations contained herein. Lessee shall neither be relieved finm the rmance o any of Lessee's covenants and oblig—ab U A (b) The election of any right or remedy by Lessor shall not be deemed m waiver of ny other right or remedy of Lessor under this Laase or otherwise. 25. A AND Livrij (a) If, by mason of eidw parVs Defitult, either party employs an attorney to COme rights under this Leas U.- KAI (b) If any lawsuit is brought in connection with this Lease or the Premises, the non- U1411 A I Raw a 111-!! 11 11 - 11 "ay'la,60MA41,4006 161 NO date due to di of full payment, 26. hNT-0 W—AIVEII: (a) TU failure of Lessor to insist on the performance or observance by Lessee of any i oi 'Ae, i necessity of a dernand or written notice of any nature for payment for such Monthly Gross Rtnt, Percentage Rent or Additional Rad. 27. 11 WW"I'S "I- WINWiMA, (b) No other property or and of Lessor, reA or personal, tangible or intarigible, shall Sim'* 28, RA—DOIj 6AS: j_ 'AAVIIt &KIT'JIT P11741, with a copy of any Radon Report issued to Lessor. X. MEMN 0 17he terms "Lessor" and "Lessee' &hall include ffie singular, the plural, the masculine� the fleminine, the neuter as well as, the helrs� successors, cxemitors, adrn strators sorW re=qontqti v4fsngjer th"njtv.--e��c XM 11 1411111, �ljji�11111111111�111 11piIIIIIII! 31.JjQW ,J�4,RT`: This Lem has been executed in several counterparts, but all counterpsM shall constitute one and the same instrument. 32. FO EPER—CIE',A&U-1-10 (a) Lessor does not warrant that any of the services that Lessor may supply will he free fforn interruption. (b) Lessee acknowledges ffiat any one or more of such services may be suspended by reason of aeciderd, repair, afterutions or improvements, by strikes or lockouts, by mason of operation of law, arts of wa; terrorism, and bioterrorism, or other causes beyond the reasonable control of Lessor. No such interruption or discontinuance of service shall ever be deaned an eviction or a dimubance of Lessee's use, enjoyment and possession of the Promises or any put thereof or render Lessor liable to Lessee fDr damages by abatement or reduction of Annual Gross Rent or any Additional Rent or relieve Lessee from the performance of any of Lessee's obligations under this Lzase. 33. ALI modify, d terniinate easements and other agreements pertaining to the use and 0 on 9 the pro" @j U24 44 W-I-,MTAFJiTtli fIT 4 3; MVZ:77M sum equal to all legal fm, co and disbursements, hw� by Lessor in any way related to, or arising out of, such action or proceeding. Lessee will have the absolute right to terminate Us Lowe with one (1) year's written c,iotice to the other. tf, As further security for the Performance of Lessee's obligations under this Lem, and in addition to all other rights provided hetein and by law, Lessee hereby gramg to Lessor a security interest in all of Lessees personal property at the Promises as follows. In addition to all other remedies available hereunder, upon the occurrence of an event of defauh-- Lw �J Commercial Code, as now or hereafter adopted i (a) For valuable consideration and as security for the payment of rent and other charges reserved or becomin-j!! security interest in the fbilowing described collateral - (1) 0 inventory, equipment and odw pemamlty placed in the Premises during the telm oftbis Lease; and (b) Upon the request of Lessor, Leswe shaH execuft such Uniform Commercial Codi, - I Aamqi,"i"11 (c) Said lien shall constitute a first and prior contnictual lien and samnity interest on W-'— Wz..— breach by LaLwe of this Section 35. 36. M—NS � UM AND I& OFJURY TRIAL! (a) The Imsor and Lessee agree to the jurisdiction of any competent Florida or CLAMIS OR 11MD PARTY CLAIMS. ARISING OUT OF, UNDER OR IN CONNECTION Wrffl TfHS LEASE. (c) Lessee certifies that no representative of agent of Lessor or its cotmsel has seek to en&rm this waiver of right to jwy trial provision. Lessee acknowledges dw Lessor has been induced to enter into thig Lease by, inter alia, the provisions of this Scoction. 37. JIME 01-1 TIM ES Time is of the essence in this agreement, 3 9. JUA-Z (a) Lessee warrants and represents that Lessee will, during its occupancy of the Premises, comPly with all federal state and 11ral WEwilattill-il .Yi !i . ;'r rl"+',: "nC"q �f� ut (as defted below). (b) For the purposes of this Section, the tenn "Hazardous Substances" shall be aftgr release into the envi ent mid upon exposur% ingestion, on or Ir7+1L "Lie ly ViAzAn-m 11�rl c4utins, will or may reasonably be anticipaled to cause death, disease, behavior abnormalities, cancer andfor genetio abnormalities, and oil arid petroleum based detivatives. (c) The provisions of this Section shall be in addition to any o1her obligations or 14WIN-el this Lease. (d) Lessee shall indemnify and hold Lessor, its shimholders, Partners, lenders, employees, or agents harmless froin and against any claims, penalties, fines, damages, costs, ses, lia'Fil "-I,--- M-0 UGHFUjiurs scat arise out Cyr any breach of this Sectiox 39. , Nf**OtNM for next day delivery with any nationally recognized overnight carrier that routinely it is intended at its address set forth herein, in which cas% the effective delivery date shall be the fifth (50) day after posting. Either Lessor or Lessee may add additional addresses or change its address for purposes of receipt of any such communication by giving ton (10) days prior written notice of such change to the other patty in the insaner proscribed in this Iowa. Lessor. 209 N. Federal, LLC c/o GulfLLC 9804 S. Military Trail, Suite E ll Boynton Beach, FL 33436 Lessee: Tbo Boardwalk Italian toe & Creamery, LLC c/o Joseph Hurtak 1401 Estuary Trail Delray Reach, FL 33483 Atterdion: Joseph Hurmk 41. hNTT-RF AG A1E,,E,,,MF 'L: �,N (a) All understandings and agreements, whether in writing or verbal between Lessor and Lessee are merged into this Lease which fully expresses their agreement (b) Lessee has not relied upon any reprmemilon not embodied in this Lease. (c) This Lease may be modified only by an agreement in writing signed by both Lessor and Lessee, (d) No offer of surrender of the Promises by Lessee shall be binding unless acceplad in writing by Lessor. (c) Lessee acknowledges that this Lease has bew freely negotiated by both parties; and flint, in any controversy or contest over the mewjn& interpretation, validity or crifbwesbifity of this Lease or any of its terms or conditions, them shall be, no inference, presumption, or conclusion drawn whatsoever against either party by virtue of that party having drafted this Lease or any portion thereof. 42, 1 SA�NDB i"J GE�FFECT: (a) This Lease shall be binding upon and inure to the benefit of the heirs, legal representatives and successors of Lessor and Lessee, and the assigns of Lessor and permitted assigns of Lessee. (b) This Lease shall be construed and enforced in accordance witb the laws of the State of Florida. (c) Venue for any litigation that may arise in connection with this Lease, the Property or the Premises shall be in the county wherein the Premises at located, (d) If Lessee is composed of more than one signatory, be it a natural person or legal entity, each signatory shall be jointly and severally liable for each and every term and condition of this Lease. 43. NEY -ER. A B I ILTY: If any covenant or provision of this Lesse, or the application thereof to any Person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Lease or the application of such covenant or provision to persons or circumstances (other than those as to which it is hold invalid or unenforceable) shall not be affected thereby, and each and every is such covenant and provision of this Lease or portion thereof shall be valid and be enforced to the fifflest extent permitted by law. 44. NQX-PCSQW§jW. QF—r i - EKhff (b) Lessee acknowledges that such disclosure will result in a material Wury to Ussor's business and adversely affect the lessees and prospective leswes of the Property. 4& AD IN WITNESS WREREOF, the parties have executed, or caused to be executed. this Lasse in duplicate as the day and yew above written. LESSOR: 209 N. Federal, LLC My (Witness to Lessor) LESSEE. The Boardwalk Italian Ice & Cremnery. LLC /456 ....... . .... .... ...... By.&d/w ' ,Z- -Print Nam - s Ael- Title: J/' 'd. IMMEEMMMEMB Lessor hereby grants to Lessee, an allowance of up to Twenty Thousand Dollars ($20,000.00) ("Lcssee's Allowanoes"). The Lessee's M UPOn r=MW Written request from Lessee, wiNn 30 calendar days, Lessor sh9ill reimburw Lessee up to $20,000.00, for the out-of-pocket axpgnaeg incunvd by Lessee Performing the IRIPTOvements, Provided Ct) such request is accompanied by a copy of MW - "M WIMW��Mw yu .L TIT J f - itO- any security intem9t, lien or encumbrance fully M accordance with dw Lease and wMA It Lessee sWI not make any alterations, additions or improvements (collectively, submit to Lessor for its approval plans and specificafions in detail. reasonably satisfactory to Lessor as well ag a F RMW of M, M NOWWO'di WWWWWAN _VP rV,0VWA.ML a. ,au — work: specW 110 1. buWi der's risk insurance in the amount of the replacement cost of the 140i U I WNW limits not less than the amount necessary tQ redo contractor's work with insurance carrier(s) dat lip , I Art 117 Lessor, and (d) Lessee shall deliver to Lmor copies of all requisite permits, approvals and certificates. Lessee shall' not make any alterations or additions to the Prerwscs, install special clectricaL plumbinvmx�"tpp-v of the exterior of the PM WW 16 9 AMI Iq P PS70"Irl IMIRT". affidavits and built drawings and a list and description of all work performed by the Contractor. No amendments of additions to Lessees plans and specifications WWI be made without Lossor's Mrior written consent. The standards of alterations shall c4mform to the then standards fi)r the Property. All work shall be done in accordance with the plans specifications in a good and workmanlike nianner applicable laws, codes. ordinances, rules and regulations then in effect and with the least possible disturbance to other occupants of the Property. Lessee will reimburse Lessor upon demand, as Additional Rent, for any expenses incurred on account of Lessees failure to comply with any of the foregoing. Lessee shall promptly pay all costs and expenses of such alterations and sball not do or fail to dio act which Maj render the WtVa P"iftir a jig - remove the of record within ten (10) days after notice of such filing. Lessee agrees to indemnify and save Lessor hanniess against all claims, attorneys' fees tdhurou BI UP-. , n -Pi v Lf At all times during the nuking of Alterations, Lessor shall be entitled to have its representatives present on the site for inspection purposes and the representatives shall have unrestricted access to all parts of the Premises, Such presence and/or inspection, however, shall not im 71"M ,, 1171,7101 1 TA 1"'WWI -4 1'r LNO :kxau cream Ity VAth other labor then engaged by Lessef� Lessor or others in the coristruction, operation or maintenance of the Property or any pad thereof. Lessor makes no representations as to the design, feasibility or efficiency of Lessee's work or whether L4!ssee will be able to obtain the III --- shall promptly remove the cause thereof. 1he Premises shall not be liable for or subject to any mechaftic's, matedalmens, or laborer's Hons for improvements or work made by or for Lessee. whether or Lessee shall be placed upon notice of this provision. if such a lien is filed or threatened to be filed, it shall be deemed a Default under the term of the Lease. ' If any mechanic's lien or other lien, or order for the payment of money, should be filed aeamst f ke-Nviiiag& cir h costs, damages, suits and liabilities, including but not limited to attorneys' fees incurred in the enformnent of this indemnity. If Lessee does not remove any mechanic's lien or other lien, or order for the payment of filed; ar the Premises. or &Y im qfi'v rE-. W;,.A na I rjrgxmzl f'NUM On J1W1Avr-j0 - 0 including through bonding, and all sum expended by Lessor for such removal, includin��,'4 tA the Promises or the Ptopeny. At any thne as requested by Lessor, Lessee will, at Lessees expense, and as Lessor requires, provide and furnish to Lessor either. (a) waivers of Hen such liens or encumbrances which may be filed. Lessee shall secure the release and/or discharge of any claim alleged to constialte such lien or encumbrance, and will hold Lessor and its mansging agent harmlm and indemnify against ttx some. Lessee shall give written notice to each contractor of the prorvisiow of this paragraph, coWstent with F.S. 6713. Lessee hereby agrees to indemnify, defend and save and hold hm:tliless Lessor and its managing agent and employees from and against any itl which was lost or risswo in the pefformance of the W�rk. Lessee will remedy at Lessees own expense all defects in all such work, whether the same shall affwt the Premises in pardoular or any parts of the Property in general. U1 --ELM t� Mal 10 161-1 IJ110. IIIA4. k"A JLF I 1 .0 Lessee necessity. Mi PluuCru Willi any shuRown regardless Lessee "I provide for and pay all costs and expenses of cleaning the work area awaid cleanup required in adjacent areas as a result of the Work. Any noise complaints by offiff lessees shall be remedied immediately or the Work s coase, until said noise is abated. Lessor will not be responsible for the maintenance or the balancing of any conditioninR s= or maintenance of the electrical Or IDlMRbWs& work ij!!ralled by I'Ag"VAIMA w4wmf--11"f�ks' UM 111'r or 119UNim TMO-11M, paralions, doors, nardwRe, or any installations. Any hardware, light fixtures, or any air conditioning installations now installed in Premises which Lessee may upon written consent and approval of Lessor, remove and reinstall, shall, be stored or disposed f'...3 dh=W by Lessor. All Lessee improvetnents which are affbxed to the wal estate shall become the property of Lessor at the termination of the Lease. unless Lessor requests Ussee to remove dw Wv -1, g Lessap-s7i) %ents jj vhie �P' Nothing contained herein or by reason of Lessor's consent to Lzmee's Work &hill be 11— O.� 1 A—P-J-1— I 11, W a WO Mi A OW 1A SMS92I RK RIDER. lillillimpi Lessor has no obligation tg--,crfonn anv EX'Sj'0V'DMWV Provided Lessee is not in default either at the time Lessee exercises Lessee's option to extend the Term or Extended Tam of this Lease or at the time an Extended Term commences, Lessee will have the option to ottand the Term in accordance with Section I(a), Basic Lease Lessee will exercise its option, if at all, by giving Lessor written notice C'Opdon Notice'l by die date set forth in the Basic Lem<: nformaton. Unless Les" receives the Option Notice in 27 A -.*-WMT and void. Time is of the essence. f Dated.- SS#:158-34-5686 Address. 1401 Eshioxy Trafi Deftay Beech, FL 33483 BMW T Alt P t I5 IG=�s S• 9�. ;a .9 �+ . ,+`ry5�i+ n rw. S,� � �.,x, kms'«=k,r,�.:r � w,w v. •�Y� : µ y _ �'' na'. ... Guarantov Michael Swain BirthDate- 71-8111fik Dxivers License Number- ()'uarmitov Michelle Himmik SP: BirlhDaft-Address; Drivers Lictme Number: tz�m- hlj;�AATDv (1) All loading and unloading of goods Shall be done only at such times, and in the areas, and through the entrances, designated for those purposes by Lessor. (2) The delivery or shipping of merchandise, supplies and fixtures to and fi-orn the Premiws (5) No laud speakers, televisions, phonographs., radios or other devi= shall be used inn Lessor. (6) If the Premises an equipped with heating facilities separate finm those in the rem of the Property, Lessee shall keep the Preinises at a temperature sufficiently high to fitezing; of water in pipes and fixtures. (7) The outside arm iturnediately adjoining the Premises WWI be, kept clean and fiee din and rubbish by Lessee to the Satisfaction of w,-�txtl obstructions or merchandise in such areas. (8) The plumbing fiLcilities Shall not be used for any other purpose than that for whi th am constructed, and no foreign substance of any kind Shall be thrown therein. The exp Lessee, whether the problem was caused by Lessee, its employees, agents or invitees. (9) Lessee shall not bum any trash or garbage of any kind in or about the Premises, Property - (10) Lessce, shall not be allowed to display merchandise, place signs, tables, chairs or other itms on the sidewalk or outside the Promises without prior written approval fi-orn Lessc To provide for an "sthetical pleasing appearance compatible with the architectural design of the Property, the following signage standards have been developed. These criteria have been carefidly drawn to pvvide adequate and equitable exposure for Lessee's merchandising purposes, while providing the visual continuity and high level of appearance coriducive to success in the market place. To ensure compliance With the criteria, the Lessor reserves the right to review all comply. The Lessee shall submit scaled drawings to the Lessor or Lessor's designated consultant or agent for this purpose, Lessor reserves the final right to interpret these swwar& and to approve all signs and graphics at the Property. I . Those stores designated by the Lessor as "anchor stores" shall be permitted tim identification as is shown on their respective drawings, A. Flashing I*U and animated signs T.L. Exposed nwn or other unsWelded illumination, C. Audible devices Box type signs r1% Applied plaque signs or painted wall sips. V. Vacuum formed I r 4. In cases of conflict with the local ordinance, the local ordinance shall prevail and these critcria shall be modified only as needed to achieve compliance. The spirit and intent of these standards shall be followed in such cmes to the extent possible. 5. Lemaor's approval is required prior to Lessee filing an application to the building department for a sign permit. hnLmAr-y Lamm -Identificadon Ali lessees other than those designated as an "anchor store" or "prime lessee" shall comY ly with the following standards: 1 . Only One Sign Per each rental Spam is permitted on the facia, sign hand or building facade. 2. The one permitted sign is limited to the trade name only or may be a descriptive word or plimse such as "Law Office" or "Stationers." Advertising copy such as "Shoes for tha Family" is not permitted. 5. All individual letters shall be mounted flush to the facia, then centered on the storeDIY t as required. All wiring and transformers am to be concealed. 6. Letter size shall be, as Lessor shall request. Lessee acknowledges that generally the minimum size will be 18" in height Only upper case Helvetica letter style is permitted. 7, The length of the sign is restricted to eight (80) percent of the length of the storefront 8. Logos, symbols of trademarks are not permitted except where the Lessor ry fhaq*me designated by Lessor that will vC 'se ssec's name or e of business. In additio reasonable time period not to exooed ninety (90) days, 11. No signs, banners, placards or other advertising shall be permitted in, on or about the Promises except with the prior written consent of Lessor, in Lessor's sole discretion. 12. All signs SM11 comply with all local regulations as well as the Sign Rider. 13. Lessee shall, at Lessee's expense, mahtain any sign, canopy, prior decoration, lettering or advertising matter as approved by Lessor, in good condition and repair. ZMAIMANIMM Lessee shall use the premises in a first class manner and shall maintain the Premises in accordance be withheld in Lessor's sole discretion. In addition to the j r'.j ;0 11m,xT Rider: t. Be solely responsible for maintaining trash receptacles in an area designated by Lessor. which shall be kept clean at all times. All trash shall be removed on a regular basis and appropdate pest control shall be maintained; and 2. Install and maintain a UL Listed G2 Grem Guard Rooftop Defouc Systems (or similar product as is approved in writing by Lessor) on the roof of the Promises around the entire exhaust fin or fEms, by a contractor or contractors approved in writing by Lessor. alcoholic beverages are served, maintain liquor liabty insurance in such amounts, form and type of coverage as Lessor shall request in its sole discretiori, naming Lessor and Gulfstrearn Property Management as additional insureds on a primary bads. Lessee prepares food in the Premises, Lessee shall install repair, maintain and replace as nOWS98TY, a fire extinguishing system and grew filters within die hood and duct of the cooking facty which satisfies the requirements now and hereafter established by municipal codes and Lessor's property insurer and to provide Lessor with appropriate documentation evidencing that this system has boon installed, Lmsee acknowledges that grease can damage the roof. Therzfbre, Lessee shall regularly clean and maintain the cooldrig exhaust system and ductmrk consistent with industry standards and manufacturers recommendations in order to avoid offensive odors and to prevent damage to the root Additionally, Lessee shall install and maintain and replace as necessary any additional equipment necessary to protect Lessor's roof system from grease (eg. a. sand pan). 5. Lessee shall install, repair, maintain and replace, as necessary green tMps immedi outside the Promises connecting all lines ftm the Premises to the main sanitary bran The greasc traps shall be installed in compliance with all local laws and regulations. A upgrading to tho sanitary or sewer lines necessitated by the installation of the ggrease shaft be performed at Lessee's expense. Lessee shall restore any patting or Ian am& distuited in connection with the installation of these taps to a condition equal that existing prior to the work. Maintain a ,,YTthly service contrwt fmm a lican contractor fbr the maintenance and repair of a grease trap.. 6. LIVE ENTERTAINNMNT - Lessee agrees that all (bruis of signaga, entortainme-1 special events and music (including ambient music and outside speakers) tffihat will used in or relating to the Promises shall require Lessor's prior written approval. Lem Wall not permit any loud music or other sounds to ernaniate fimn, or occur at Premises, and shall not use any speakeM televisions or other devices in a manner so as be heard or am outside of the Premises. All music must be limited in the inside of Prernises and shall never exceed the level permitted by local city ordinance. If su, entertainment and music (including ambient music and outside speakcra) are deemed any time to he too loud in Lessor's sole discretion, upon notice fi-om Lessor or its age Lessee shall forthwith cause to cease or reduce such entertainment awnd music ambient music and outside speaker%). EUDCAIMM-ER NI L ftA- i Q111 j=►:,til .► I� Y ;ted �:� ��,•-a II ►Iwi I :I+ s;I I llll►: t;. 1i 1 � 1' I 1 �. 1 ! 1 MAi `'. 11 =: � 1 � 11E1 ;:1 I 11 � +^: 1 ! "". li i11 A . i 1 •I! A 1 •i3 1 iIII I and y • .•,: 1 I.. Our RD ocatsimally yieldsInl o:Ik ► c without inputftorn custorners or n markeom. Ourproduct selection cutenat many : I I icases are asfollows, ' A low cost requmments,yields 1.i ' 1 profit, fi 11 1 +ti eFIIl pricingstrategy,*asWty of development 11 ill 1 II1 o1 1 frelatviely►'nsk,titne to see mtendedresuhs and l 17 1 ', 11 I11 I 1 1 1 h: M E `, great OurRDwill requirear ► 11 l %Presourcm in the future.This will include additional I I i7 ° 1 Y ( 11 and equipment to wipand our productsand brand. a k6lt 1 I 1 4' 1 4► i1. I 1 � li: ;11 4 •:• :11 :11 1 I I f �' � ! A is 4 : � Ill' II ! �.' I A :/ 1 1 I I; 4; 1 1 I l 131 l A I I I 7! : I t i 1 1 1 it =11p1 7 ' 1' 1..'.1 I *.1 ►.:" I' 1 1 671 -La _ I '.f - = I ' 1 ff t, 1 c :111 ,.I '1 el � r)•: 1 I ti The 1 X111 1 1> m511rate as ofJuly 2014 for the 1 I 111 Beachwaslisted at,'overalland for the LeisureandHospitality ..c13fwag 5.6%. This could 1 ►'= I I 1 ► be ➢ disadvantegein hiring } [ +S 11L/ 1 �k.. ppt) y t 4Y y [ST t� ill x•:111 1'�:. 11 l 1 � It' 11 II ��4 +�7 I!i I 11 ! ;�11 �,3: I' 1.. 1: 1MM �1. ! �' ►'+I'f 11 1 :f I'7 I :II �'1 I i II ff, :11 I 1 II >rl t: I R` 1 ia combmed 7 yearsof managementeRmence,1years of employment 611 f 11 ii' a1 l years in culinary arm,and ova 30 :1 Icustomer MichRel _SwRin, Upkerience 1.i o %i 1 1 1I a1 &Mauntmaineebervfte, -August 4 • oPresenL Founder 4 r and of a. :III iFm f ile mWovernent 4iAl lll' Company. 1 nI: I 1►' Cost StoneEast by . f Vice President Operations Manager,Wat w I I, r^a I IfI_,,,2008.Ia1Fl I' r+' :11+ coordinated thedaily plant operations oan Architeowraipro-ow ooncremmurfficturerand mwntoned theproductionschedulesfor I lip 1 Mmtored s 1;1t► I 1levelsand theuseof # +l" 1 1 1 k*mented L :fl approach. Worighoe• =1ni :11 ! 1 ' . i =Ci' t annual budget. Continuouslydeveloped new wayso ! 1 3 I I` 1 I I}] I III ;[ 11 r l l i' ♦ +11 1 I I i 1 7 l 1' ! III �' :I ;N I 11 11 I ln4, 11 ?l l n ll 1 :11 1 ► A I 1 '+t 111!. 111: Il • w11 1 1 I -A 1 n III A I'i I1 :1 IF tl ;y 1 n :11.+ 1 11 11�' I + . 1 1 1 z l 1 ,1 11� +1 1 E u; I# c r l � 1 ,r' 1 :u :1 111 I_ I _ r !0',.o which included ;nadditional 9,000 sq. ofproduction capacity. L r 1 I r I,! I #777.7177jrUi 77777W_f . 111 li 1 1 Lyr 1 7,-STMDI W flm CIZAPUNCE & AMMS 1 Bwlwound Clemmice Clem-ance for Customs Sed gi 1 ort 1 91 Aircraft Operations Area . m at Commemal and G==1 Aviation Anports School m HS Diploma,r J 1999 Anti Of -Advisorls We have also swured the asmLance and support of the following to help `W the dedsion process;8LTcWgi2iUg and opportunity pouncing JOR11 M. - H RLeVonsible for decision making on police opavion,% personnal a�dou% budg4 policy, C4Dnft&Ct nagofiWons and admini&abon. Represent the department at locat, s-ftft Federal and national mwtings conceming law mfomement and aviation related activities. Education Rutgers Univm-dty, Now Bnmwi* NJ (1 979) Bachelor of Science, CYbninal Jasticc Union College, Cranford, NJ (1976), Associate of Arts, Polim Science Training Ofaduate FBI National AoWarny -179th Session -1994 Graduate Police Fxeezhve Cannuand College -John Jay Cofto of Criminal Jushce - NYC MM TNA -Time Off Award MMMM= I'M United States Air Fom 1963-1967 Honamble Msduwge CrwbffljrrM=MC e company has authorized 100 Shms of common stockwhich 13 am esued and outdanding. the following pawns or Org&&f the company; R X I Consent Agenda Old Business Now Business Legal Information O�nly � � A SUBJECT: Approval of Commercial Construction Project Incentive Grant to The Boardwalk Italian Ice & Creamery, LLC for the project located at 209 N. Federal Highway, Boynton Beach, FL. SUMMARY: The Commercial Construction Project Incentive Program is designed to assist businesses with permit costs associated with the renovation and/or new construction projects. Approved applicants are eligible for the reimbursement of City of Boynton Beach building permit fees in the amount of 2.3% of the project's permitted valuation if their project cost is under $250,000 and 3.3% of the project's permitted valuation if their project cost is over $250,000 with a maximum grant of $66,000. The Boardwalk Italian Ice & Creamery, LLC is a tenant of the property located at 209 N. Federal Highway, Boynton Beach, and on April 15, 2015, The Boardwalk Italian Ice & Creamery, LLC submitted its application for a building permit to the City of Boynton Beach for their proposed interior build -out project (see attached). The Boardwalk Italian Ice & Creamery, LLC has a project value of $167,020 as indicated on the City of Boynton Beach building permit application. Under the terms of this program, the applicant is eligible to receive 2.3% of the project's construction value which equals $3,841.46. Grant funding is not disbursed until the project is completed and the Certificate of Occupancy has been issued by the City of Boynton Beach. FISCAL IMPACT: Maximum amount of $3,841.46 -Project Fund line item: 02-58400-444 71 liniq,iii RECOMMENDATIONS/OPTIONS: Approve the Commercial Construction Project Incentive Program application submitted by The Boardwalk Italian Ice & Creamery, LLC for reimbursement of 1' --s - ... $3,841.46 f '..- projectlocated .09 FederalHighway, Boynton Beach, FL. Michael Simon Assistant Director N t� C O1 CLO Q t as cv �U O Ln kn m 0- m m E G O m U O J CL O L underFunding is disbursed on a reimbursement basis only. Reimbursement is provided after th-. completion of the project and the CRA Board approved applicant submits all documentation listed !n V. Procedures fiorReimbursement of this application. 11. Effalbillity Reguilrements ProjecW must be located vvithin the CRA District (see attached CRA Distdcl: Map). Application fbr the Commercial Construction Project Incentive Program may be made vAthin three months of final permit approval by the City of Boynton Beach. 111. InelialbWOusinesses • Firearm Sales • Convenience Stores • Religious ■Retail Stores Churches• Non !.. F. cashingTattoo Shops/Body Plercing/Body Art Shops Check stores Foods Adult Liquor I!. ; Adult Arcades Vapor Cigarette, Electronic Cigarette, E Cigarette Stores Kava Tea Bars Pow Shops •„ district* Alcohol and/or Drug Rehabilitation Facilities * Any other use that the CRA staff or CRA Board determines does not support the redevelopment of the CRA r ..U771777M. r. III 1. Completed and signed Incentive Program application. 2. 4 ofLease,applicable. ■ 3. Copy of Palm Beach County-WidelMunicipal Building Permit Applicatiori Form as submitted tT- 4 Boynton Beach. 4. Copy of paid receipt for approved final building permit. 4(attached to grant r 4 r 4 6. Copy of elevations, site plan and floor plans as submitted to the City of Boynton Beach. 7. A minimum of four (4) color digital nbelbW photos of the project. 710 N: t\(}.2$}/- September 31, 2015 Boynton Beach Community Redevelopment Agency Commercial Construction Project Incentive Program Email: Phone #- & F2- I t IQTVALUE OF PR ECT: --7 BUSINESS INFORMATION: V; 144 &7=0 , Pop 4 of 6 710 North FedwW Hinhway, Bo1,TWQij;. F = M 1 --Z 37 A'� Date Tice STATE OF COUNTY BEFORE ME, an r duly authorized by law to administer oaths and take acknovAedgements, personally appeared wh.. Srsonalk! known tD me or produced as identification, and acknovAedged IS e foregoing Agreement for the use and purposes mentioned In it and that to Instrument Is hWher act and dead. IN WITNESS OF THE F012GOING, I have set hand and official seal In the State and County aftressid on this day of Av I R 14 TOTARY PUB�LI'C� My Commission Expires: Printed Name Title STATE OF PL COUNTY BEFORE ME, an officer duly thorized by raw to administer oaths and take acknovAedgements, personally appears ------- - — ------------------------------------------- who Isla O"• knowrL,' , T 4 - IN WITNESS OF THE FOREGOING, I have set my hand and day of 20J_6 LZ 7TV to,we ave included the Landscape Plan, Site Plan wMi Sign Elevation drawing along with the parking lot light III u mination Plan. I I We are p roviding you with a synopsis of work to be completed for each A' As we begin with drawing D1, Demolition Plan, you will see the General notes which will Identify areas of demolition, new framin& remaining structure and CMU in -fill. In brief, all interior walls to include both restrooms. and closets, cutting of existing floor as specified for plumbing modifications, masonry wells asspecified to open and addto existing},o: print for ADA rooand to allow for o:`. traffic flow f M,removedIvIdInjF wall inNorthwest ":W.to createaffice s P"or identifydrawing also includes new doors,wood decking leadingfront E: r a';. for this facility. (Please ?«d»> 2: Sectlon Elevations, provides details m<62 l Exterior walls, Interior walls, sanitary M WSW steel plate were CMU wall will be removed to allow for customer traffic flow, Soffit (Bulkhead) at sales/service am and door buck detail. *-'VW41'%AjW VIVITPWAg-11 obtain an approval. Sincerely Yours, The Boardwalk Italian Ice & Creamery Michael J. Swain Joseph M. Hurtuk, III Joseph M. Hurtuk I bi uOld 9doospuB-I *,minino � UPPOW 140900 UOMAWAIRM461H IRJGPGA'N GOZ Ajowsej:D eal illempmaoil jy i0i; 5,�vl tu II oil L 7 TY F 9 91 1111� I �ilil .10 0 .4 . .1 -C t i lifif9f &f N � ME. Pal - 'al E L, hi 1 1-4 `ip o a, Pit 1121 RAS -vim MU R z �2 ffl� I -:�� HMSBQU$Ulfiw VMS" - -,:_—avvkanw ® I r t "Ot 0 T ME 1 T- ......... 2nN2AV IS I ;N NN'lli, ALI! W'- tw w .4 ® I r t "Ot 0 T ME 1 T- ......... 2nN2AV IS I ;N NN'lli, 9 1 d �y„ "atia4l td aft s1l -' I g s $ _ F 1 d �y„ "atia4l td aft s1l -' I q A M �t 1 �r ,�+ ^4 ` J L v 0 0 CL S � u M w ,�+ ^4 ` J L v 0 0 CL � u V CL 4i �ar arM- „ FBC Vicn.-_ ".rrnit Typea , ar vel _l c tion Data: EMEME The East 1/2 of Lot '12, Lot 13 and Lot 14, Less the 10 feet thereof, Block 1, Original Town of Boynton Beach, according to the plat recorded in Plat Book 1, Page. 23, in the Public Rem.rds of Pa3m Beach County, Florida. Cll� e -TIfy iaa! -'PENT. P 4f Tbiw, v n int 83y'ra'Dw lkluq 9 f4taff, LM a: MUTT b 4!1 Tbtal rV ' Paoaav'rFee- MRINTMI.M. Search Reriults Detail Vlgw Pronexty Record Owners 209 N FEDERAL LLC Property detail Location 209 N FEDERAL HM Municipality BOYNTON BEACH Partel N& 09434523030010121 Subdivielon BOYNTON TOWN OF IN Book 26638 Page 879 SW* Date FEB -2014 1629 K ST NW Mailing Address WASHINGTON DC 20QD5 1602 Use Type 1700 - OFFICE ONE STORY Total Square 1035 Feet Sales Information Sales Date Price, FFR-7nlA 44%nnn Tools Layers Print Messages Instructional Videos I I A * " W�., : !,Lj . . ; -1 , IN IT 1 ®f 1 611/2015 1:51 PM II X I -Consent Agenda I I Old Business I I New Business - __ I _ I Legal I I Otheir ::77 AGENDA ITEM #: VIII. I. SUBJECT: Approval of Commercial Rent Reimbursement Grant to Amanda James Gallery, LLC for the property located at 412 E. Ocean Avenue, Unit #1. 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. Amanda James Gallery, LLC entered into a 2 year lease on March 12, 2015 as an art gallery located at 412 East Ocean Avenue, Unit #1, Boynton Beach, FL 33435 with a base rent is $775.00 per month. Amanda James Gallery, LLC falls under the category of a Tier 2 business (as outlined in the grant application). If approved, the applicant is entitled to half of its monthly rent not to exceed $387.50 per month for a 12 month period. The maximum total reimbursement for this business is $4,650. The applicant meets the eligibility requirements under program guidelines and will be reimbursed on a quarterly basis with proof of rent payments. 11111iinsr., �01 RF,COMMENDATIONS: Approve the Rent Reimbursement Grant to Amanda James Gallery, LLC not to exceed a total of $4,650. Michael Simon Subletting of the property by grant recipient is prohibited. Violation will Constitute repaymnt o. CRA grant funding. e •�:• * • -W WiVE7F 4 -if 17 !ReimR - ins • • �i • Firearm Sales • Convenience • Religious Millated Retail Stores • Churches • Non Prorits • Taftoo Shops/Body Piercin y Art Shops • Financial Servs (banking k cashing stores) • Take -Out Foods lAdult Entertainment • Liquor Vapor Cigarette, Electronic Cigarette, i s Shwes •Kava Too Bare •Pawn Shops • Alcohol andfor ®rug Rehabilitation Centers • Any use determined by the CRA staff or the CRA Board that would not advance the redevelopment of the district. This grant isdivided into twotars. Each terconsists of differenttypes R• usinesses that art eligible and the amount of funding available to the business. Tier One Restaurants BusinessesTier One w R. fbir up to R the business's base monthly• ' per • of grant 00 Page 2 of 11 i N. FedeW BDyneDn BwwA4 hoursOnly full service restaurants with a minimum total seating capacity of 50 seats are The restaurant must have forredevelopment til the downtown. Operating hoursinclude!limited to �� f 3 • Tier Two Businesses IN1111111 III'' r• f 1 1 f 11 total• Restaurants with ♦ capacity under1 • Gourmet• 1 R Market • Bakery • Bedand Breakfast OfficesClothing Boutique - clothing, shoes & accessories Home D600r/Design - home furnishings, art galleries, kitchen wares Specialty Businems - stationery, gifts, sporting goods, personal care Pilates/yoge studios, fitness centers and salons Medical Offices Law Real Estate Offices Jnsurance Offims =71 Applicant must be a tenant and have a proposed or executed mufti -year lease (two year minimum). The commercial lease must define the landlord -tenant relationshipand at minimum provide the following Information: A description of the space being renW Including square fbotage and a drawing (!the space. AbilityDescription of utilities that are the tenant's responsibility. Rental rate and deposits along with terms of lease and me#iodology for future rent Increases. Responsible party for interior and exterior repairs and/or improvements. Insurance requirements. ended,Consequences of delault on the lease. Rent reimbursements vAll not be paid until all construction has and County licenses are obtained and the business in open lbr operation. Pop 3 of i N. FadcndHighway Boyftm Bwdi,33435 0177777.1 The receipt of past payments is no guarantee of future payments. The CRA retains the rig to discontinue rent reimbursement payments at any time to Its sole and absiol �' * according underThe Boynton Beach CRA Is a public agency and is govemed by the "Florida Public Records Florida State Statutes, Chapter `T documents may be subjed to production by the CRA upon receipt of a public records request, subject to --ny exemptions provided d 1 Florida ':•• • • _ !f ! !'I !' N Program's RulesRequirements and Application. pp 8 Pogo 6 of I 10 N. FedeW ffighwiLy BOYMMBewk FL 33435 Phme 561-737-3256 Fix 561-737-325 April 1. 2015 — September 30, 2015 Boynton Beach Community Redevelopment Agency Commercial Rent Reimbumement Program Application (Please T�! z or Print Oniv — MIT-U1119-T111M TO Business Name (D/B/A N applicable) - Current Business Address: ExistingBusiness: Yes— No/ Nu of years in existence: New Business to Boynton Beach: Yes 7M'n o Time at Current Location:—EnWL—sl.�\ Do you have an executed lease agreement: YealL No If so, monthly rent -115 - - - -------- In Number of Employees..—:,--,---. Hours of Pap 7 of 11 710 N. Federal Highway BOYnton Bewh, FL 33435 0 Z—W,tW— W. i- 0 Date of Bft. Current Addrwa: ------------------------------------------------------- 1: hone P 4. PrincipaVOwner Name. Date of Birth: Current Address: Phone I V ! Zq I al 9 *A, ; -j Landiord Narne. i Landlord's Mailing V= =71 Busiriesses only): �L yes 0--_r_ It yes, what additional programs are you apWng R3 Are you receiving grant assistance from any other governmental agencies: Yes— NOY If M list any additional grant sources and amounts; YU52 I . . - . ji--Tuon, and an ot JR. Information furnished in support of the application, is ghan for the purpose of obtaining a grant under I�tsnWab Pup 8 of n 710 N. Fedmml Highway BOYMOn Beach, FL 33435 ' - _ _ •'. SW A - Yom. !� i= J'�f is f i' Wife w A 1,11711777V T z, I give permission to the CRA or its agents ib take photos of myself and business to be used promote ! i V I understand that ff this application and the lnfbrrnagon fumished in support of the application ar-- found to be incomplete, it vAll not be processed. t v Program's and Application. PrintedTitle _a No rrincipal/Owner's Signature Date Printed Title PdncOaMwners Pap of 11 710 N. Fa&n-d Highmy ! i o i Bewh, FL 33435 WE Notary * Principal/Owner's COUNTYOF BEFORE ME, an officer duly authon d by law to administer oaths and talc acknowledgemerds, personally appeared 7z0N*k:?- -nx\\ o personally or produced . Z Identification, and acknowledged halshe executed the foregoing Agreement fbrih-a use and purposes mentioned in it and that the instrument is his/her act and d. IN WITNESS OF THE FOREGOING, I have set my r and official seal in the State and Countyi ii on this day r 1 =NICOLE Ral 0100Jul 2. 1Y .. Pageloofil 710 N. FedmW Highway Boyntm Buich, FL 33435 Notary 4 ! f OSignatures. � E f identification, and acknowledged he/she execut6d'Itlie foragoingAreerl- purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF !" !!I have set y hand and • " ; County aforesaid on this day of i�a Page 10 of 0 N. dm Program's Rules/Requirements and Application. f IN WITNESS OF THE FOREGOING, i have set m ha M and oftiai seat its the State and County aforesaid on tNs day o , 20 T iC My Commission SALLY *Y VIDE EE 7 Expirm March $, 2017 •,�we� Bomkd TivoTmy Fw lawme DMOng Pap 11'Ofit 710N.F "y b, F1: 33435 PhM 561:737-3256 Fax 561-737-3259 WY W ►1-k I ,r' 1 ili�-LIAT15P7j-7j-R&7.t"Viti.--i-y-�-;-i�.-w-t?"ej-olI light regardless of the subject matter depicted. Amanda's creative aptitude flourished from early childhood and she has developed her innate talent into a refined understanding of composon with a repertoire of work ranging from portraiture to costume design, While her formal education focused primafily on pang, her love of fashion and self expression led her to a career in film. and television production where she was a successful costume designer and makeup artist, A-maida qh—ry&� ri tT —1 �a��,,edgw W 0�,Ieegw. -zU- of Delray Beach, Florida which she now calls home. It is here that she continues her work with portrait and landscapes. She is involved with dw Artist Guild of Palm Beach. Amanda Jo"n is a native of Baltimore and attended Baltimore High School for the Arts graduating with honors and a continuing education scholarship. She earned her BFA and Fine Arts diploma from the School of the Museum of Fine Arts at Boston and the Tufts School. Soon thereafter she majored in Portrait Painting, continuing her education in Museum Studies at the Harvard Extension School. Miss Johnson then traveled to Greece and studied the history of art, finther broadening her formal academic foundation. 11 Amanda Johnson (443) 823-5057 Amanda Johnson (443) 823-5957 Education • BFA with Diploma 1996, School of the Mmum of Fine Arts/Affibated with Tufts University, Hoshm� Massachuwtts; • Harvard EkUnsion School 1995, Museum St"es • Study Abrcmd in Greece 1995, Two Months with SMFA Teacher sup Nfillwn • High School Diploma in Fine Art 199 «: School for the Am Scholarships I 1991 Baltimore School for The Arts Continuing Education Scholapjhip Gallery Representation 0 2012 -Present, Rosenbaum Fine Art Gallery, Boca Raton, Florida Selected Solo FiliMbitions 0 2012 In 71he Shadows, 7he Beat Cup, Ddray Beach 0 2011 Secret Garde.% Antreasiark Gallery, Baltimore, Maryland a 2010 Amand2 JohwoY4 Saschas 527 Gallery, Baltimore, Maryland 0 2008 Circus Life, Ime Gallery, Baltimore, Maryland 0 2007 Yhe Voyage Craig Fluma Gallery, Baltimore Maryland Selected Group RxIdbRions a 2012 The Baltimore Museuni of Art "Made in Marykne Six hand painted kqWS in show a 2011 VAIWEVwmion, 110 Gallelmy Beach, Florida (Curator Grace Greenberg) a 2011 Altered Dolls, 1448 Gallery, l3altimore, Maryland (CmVor LuAnn Zobak) 0 2011 Freedomfrom Bondage, Veterans Park Center, Delmy Beach, Florida a 2010 Armory SdWol, Student Show, West Pam Beach, Florida 0 2007 Street Art, The Spot Gallery, Baftmwe, Maryland (Curator Jill Sell) 2006 Horizons, Synapse Gallery, l3altimoM Maryland (CmUor Jesma Hurly) 1991-1996 Annuat Student Skons, School of the Museum of Fine Arts, Bostai4 Massachusetts Publications 6i 2JI I' AllanticMagmine, January -Not So Sensible Shoes - 2012 Ilm Palm Beach Post December 'Me Scene Art TV 2012 7he Swt Sentential June -on the W jeature article 2008 Style Magazine October, 12 paintings Featured Ti it III A i ' r"-7t7;�x . * N118-2013 Lee BoaghtwrigK Private Collection many works Coll I * 2007 Film Director Agmeszka HoIW4 private Collwhon 1997 Capital Funding OffiM Building Entrance 1993 Good Samaritan Hospital, Frout Fhftwwetained Glass 1990 Miaxad's Restaurant, Interior, Multiple Watw Colaffs IRAJ' 1 7 VII 'BIT 4 1 M AmandaChristabelJohnson .captivating, sensual,artistIi is masterfulin communicating emotion, !r ! r ! and life blood in matter depicted. Amanda's creative aptitude flourished from early childhood and she has developed her imate talent into a refined understanding of composition. with a repertoire ofwork ranging from f! ! ! costume design. her formal education of primarily . on painting,! - of fashionand self expression led her to a career in film and television production where she was a successful costume designer and makeup artist. Amanda !a garners lovably quirky nature of Delray Beach, Florida, which she now calls home. It is r_ that #r portrait and landscapes. involved with the Artist Guild of Palm Beach, and works as a fashion stylist and iCosmetics. =#72" lilt MI - • rel; earned her BFA and fine arts di Ionia from the School of the Museum of Fine IP Arts at Boston and the Tufts School.thereafterPaintin', continuing her education ir Museum Studies Sch!!, !! ! traveled to Greece and studied the history of finther broadening her formal academic foundation. other notable studies include - 1 1 blowing i !+ ! #'rschool, MA. NotagbleskfdmaApyig� Hairticide.Life rasa the Sts ')— Anistant Cogurne Desigaeg 45 Eoiso&s city of Masks (Ibe Film Workshop) — Miss Traci up Ardst The Comer ) — Assisw Cwtume Designer Shot in the t- )— Assistwt Costunie Dasigwr The Wire (HP -O)— )-- si t e Designer, All Seasons Broin Wftch.0( east)— AddelM' ist V Spring Fashion Show, .Bos —Assish= Mit and Ran art rks) — Costunw resigner G,Q. Mamnue, 3taaae 2000 — Mr. Jcdm wai ,ria sneer rs as M ass " e { ) — 2- up for Misses Miss t hats Hca ink time pi scam et Wet °,. a_. _ SO= Makup "Alist on S"Mal of his James Knill is both a painter and a photographer. As an oil painter, using color theory and composition, Knill's paintings play with the viewer's optical and mental senses. Knill describes his painting style as color field, abstract expressionist, color theory, and optical art. Knill's paintings evoke a sense of humor, creating playful, optical illusions. In one glance, the viewer ma * erce what he/she is looking at isn't necessarily so; therefore pushing or suggesting the observer to question reality. Knill describes his painting style as, color field, abstract expressionist, color theory, optical art. James Knill has exhibited in the Boca Raton Museum of Art, in Boca Raton FL. Knill has five paintings permanently hanging in Lynn University in Boca Raton, FL Many of James Knill's paintings have been purchased by highley recognized Architectural Firms, including Studio Daniel -he?LAa- Wcaftf-fryvww-, James Knill also has an extensive body of work in 35mm photography and digital photography. His award winning photography has graced the cover of legendary surf magazine ESM. Jarnes Knill's photography has appeared in many different publications. His past subjects have included iconic 11x world champion surfer Kelly Slater and the notorious Gracle family who founded the martial arts known as Brazfflan Au Jitsu. James Knill's photography has been the recipient of a variety of awards as well as featured in an assortment of publications. Visit James Knill's we4page- h9E.&v 1 s i o n a aLa rtc o n 02Ls - _cp m and Facebook: Education High School Diploma: Basic coumes, 1995 Spanish River - Boca Raton, FL, USA N no - Descriptionsl - W�IPZ . 1) Artist: I Amanda James Gallery 412 East Onpm.Aw-tu Boynton Beach, FL 33435 - Creates and sells her own Paintings, Prints, Lamps, Textiles and and other items, - Makes customized paintings and textiles for clients. Hosts and Ieads workshops 3) Advertising and Social Media Director 4) Sales Person 5) Manager 6) Administrator 1) ArUst: -Creates and sells his own paintings and photography - Makes customized paintings for clients 3) Advertising and Social Media Director 4) Sales Person 5) Manager 6) Administrator 7) Hang Art in the Gallery Currently the gallery is operating in Summer hours and has two employees., 4manda Johnson and James Knill. We currently are both working at other jobs to help support ourselves and anticipate extending our hours at Amanda James Gallery in the VAnter season of 2015. Our summer hours are: Thurday 10-5. James Knill Friday 10-6 Amanda Johnson Saturday 10-6 Amanda Johnson Sunday 10-3 James Knill and Amanda Johnson We are working with our nei�ihbom with the ArwUU009m, -Fn •,i'to make it a cultural destination with food, art and music. We are currently using a freelance web designer, a weekip window cleanerAm'-F-WgIT.WgZU-wq—IqI, We anticipate needing one or two Part-time employees to heri, vAth seasow.A�� wIT'RWlUPR7�WPf9-n-6n bnngFn-g- in —additional help for our gallery openings and for our social media reach out. Article 11 The street address of the principal office of the Limited Liability Company 412 E OCEAN AVE UNIT I BOYNTON BEACH, FL. US 3341 =MI Article III The name and Florida street address of the reL-dlered a wn I 11119'rei'14 0 Article IV The name and address of person(s) aathorized to Manage LLC: Title: AR JAMES KNILL MR. 1157 WILLARD WAY BOYNTON BEACH, FL. 33435 US Title: AR AMANDA C JOHNSON MRS. 1157 WILLARD WAY BOYNTON BEACH, FL. 33435 US Article V The effective date for this Limited Liability Company shall be: 03/15/2015 10.11011ing Milan— ol the I car ereafter main ill active" status. i r -,,t {` f j-, Ac: Z+a Y't\ tt,`iY,,4 it,= i lv�,, mm 77-0 MPT : T, 44 m of the Prmiscs wW& due to &P- amo of area MOD bD the part left undamw zallow 1 ; - �r9 ♦ !•:e K, 1-:..;+r \ i 1 1 t 1 1 s 1 l ! ■ 1 41 =.r c ;{' f�'. _ =-! a / 1. 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C—OMMEMIYAL—Ily- Lessee owled and agm flut except as pvnded covenants and agreemenft of ibis we ti AYWIVIMKOUZY n RM -7-17, = =11, 11=1 �=Ml SjCMTUM.HEC"&N7MFOLWffWGPAGE w � �� } 1s �Y s„ Y�� , �. � �; �_ ,:- '� "� � ,r � � i, g 1 7,111lyl PY t,J,9i 'il '_ �f ! r Boynton City ti << y ynit i, 7 1{ f t, 6 i a c BUSINESS TAX RECEIPT RECEIPT O; 15 00013575 CONTROL DATEISSUED: 411311A BUSINESS TAX FEE: 50.011 DELINQUENT FEE: TRANSFER FEE, j' OTAL AMOUNTD.50,00 w : w ----------------------------------------------- City !• f of Boynton Beach Business 100 E. oynton Beach Blvd. Boynton +0 f l FI.To-Wi, 1 �..' M ANNE M. GANN 0 X CO.LL CONSTITUTIONAL TAX COLLECT Serving Palm Beach Caitnty Serving you. 45-9G53 MISC MERCHANDISE SALES P.O. Box 3353, West Palm Beach, FL 2- 53 "LOCATED AT" www.pbatax.com Tel: (561) 355-2264 412 East OCEAN AVE #1 BOYNTON BEACH, FL 33435 ER CERTIFICATION# RECEIPT VDATE PAID Awr PAID MLL# AMANDA JAMES GALLERY LLG This document Is valid only when receipted by the Tax Collector's Office. AMANDA JAMES GALLERY LLC AMANDA JAMES GALLERY LLC 1157 WILLARD WAY BOYNTON BEACH, FL 33435 I I I I I I I I I I I I 191 11 1 If I I oil STATE OF FLORIDA PALM BEACH COUNTY -A ROX v a This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. 11 X I Consent Agenda I I Old Business I I New Business I I Legal I I Other SUBJECT: Approval of Commercial Interior Build -Out Assistance Program Grant to Brian Macon, a Sole Proprietorship, for a Fitness and Training Company to be located at 1300 W. Industrial Avenue, Suite 4 106, Boynton Beach, FL. 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 will be doing a complete interior build -out. 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 $25,000 in matching, reimbursable funds. The Interior Build -Out Grant is reimbursable once the proper reimbursement documentation is submitted to the CRA staff. FISCAL IMPACT: Maximum of $25,000 - Project Fund 02-58400-444 RECOMMENDATIONS: Approve the Commercial Interior Build -Out Assistance Progm raGrant to Brian Macon, a Sole Proprietorship, not to exceed $25,000 for the property located at 1300 W. Industrial Avenue, Suite # 106, Boynton Beach, FL. Michael Simon \ � \ C \. :m» y- a>, \�»: A APFfl I , r 30v 2015 COMMUNITYBOYNTON BEACH L COMMERCIAL IL Program RWn And RDquirments pqp ! of!! O Nw1h F,!mi, * F ■m . 7 r z� 7 w wk9& L. —E-119M&LB29mb—Mastal pap Isou"is PtWW &M-737-9250 Fox Mi-731'-WM a Tier Two Dualnewn Iler T�w Businesses are WOW fm reimbumajinwd of 60% Of ft 8PPkA(W8 projad buftet as SubmWed at the time of ORA Board Wm*ml UP b a Maxim= amount of $25,000 In grant funding Tier Two Businams Rmt be one o(ON fo]Wng types of buBln*mw,- Rental rate and depoeb alongr • RasPolvAble party for WrIor and ate4or and/or • Ability • Cormequenoes of default an the Mae. In ~ to dMrmineI submitting an m PundkV faqueft WN W be oonsidered until submitted tD the CRA Was. Appilwflon k APPfaval at Funding Request OnN 91191blifty Is varffied 8W all required 4 the funding request to the ORA Board for gpprovaj. Thq CRA Bogfd M"ta on t Tuesdav of � f { CRA Board. It Is rewmn-mndad that the applioant affend #0 ORA &)" ffoang in. (Irder tD Brower d MY iquadors to CM Board may have mprding their appRoatlon, CRA daff wil noft the applicant of appnmml or denial In wrlUng. CRA daff Ml conduct a aft Aeft pdor to. the submifial,of the gmnt applicsibn to th, a CRA Board and orm Ow business Is mady to open lbr operaffon, Staff w" gbo OwAud unannounced *ft *to PWtdkW1Y In order W er%ure compliance Wth'the twme of the gmW agreemard. MLZMWAVML&d%kWAVM2= Ewnse RMMbUrsoment This Pmorem Is derjWned as a nv*hing (50%) grant. M vmrk must be cowpkftd and paid for by &D RPPk&K pftrto the CRA funds being released. 7he CRA wil provide r9jmbumgmeW to the aPPIcmd upon submMW of a mnple% rsknbumemeit request pacMga, ReImbumem, ent Documerftflan Once the %wrk is completed,the j&&jhVLjAMgDL5&q" lihall be Bummedzed In a rw"rt and accompanied by the IbIlovAng documente0on: I. PrV1W a0munfing.. Invalces. rwWpto or athw acceptable 8MGM9 Of PaYrnent fmm suppliers and lbwmd contracbr(s) that have been Madod )mW In full". Propmle fbr I'mrk to be =nplebdu or 131W are not considered proper dooumentegan. PRP a of 11 '110 N0Hh Fad" 19dimy, Sapbq PaRk FLASUMPhwSM-137-3M Fax 661-7374M BY submIUng for reimbumement, #w appliant vmrraft thgl aM bIlls fUll d w IsbOr, l The receipt of pmt paymWe 19 ro guarw*m of fiftm pgyment's. 'The ORA MWIns the right to dkaWbm The BWftn Beach ORA 18 a li under Flodda State ftt&i% Chapter 119. Any dwmerds provid9d by ths ApplbenKe) may bepmvided by FloNa Law. SUMMON OF AN APPLICAVON M NOT A GUARANTEE Of FUNDING all mapeft at thq,3rent %Z=Pb2Hv- 43 ImuWammWham BOYN "0 BEACN ArAl 'l, 2015 - So-ptember 30,2015 BOW40n Beach COMMUnIj. Redsveiopment Agency Cw"Amerclal laterfor Build -Out AsWatence Program Applicadon I 14 E S S]INF 0 IMI A T 1 Q N �L*, in ass Nerne (Dffi-VA, if appikabire,)'—brAlja-JMACa&—LA-44nwa_4^AAS�m ........ ... Curmnt WaI_ s s4�4",vl #uja Cis? ;-,*171! 1 Ey Fox 1. Cut're /1* Square footage d now lowdon 0 0 Cow WA Type of Busirwss,_ *4AL fi rtvm4wot Nurnber of Employan.—oCy 0 Houm f Opwafion.__.,-,Ip tpo A4 M PeincipsVONrner Dede of I A ) - MM a a m : Date of -. ...,.. Date of BlAft tI ,nI Landlord kknie: 1, the undersigried, applicent(s) cet* that all WrIbrmetion presented In ift application, and all of the Gle Boynton ♦" # a " zFdsupporti« •� 1k r ghon purpose �,under I� f�I SII 1 givo permission to the CRA or Its agerds to take photos of myself and business to be used to promote to Mwram. I undefetand that If this application and Me Information fumished In support of ft application are found tD be inempleft, It vAll not be processed. 11=, Hj;-r 11:1111 1 11:111 , 114-4- Fnev"s. Sirinaturs Diate BMW ftM*M-,m=, 4r';na,.,-)aVOwnees Signature - Signature, IM EM Date him '6191,10t - Date lr.:',,ed Name Tftle STATE OF COUNTYOF� have set mhand and oMdal mal In ft State and day of A 20 -LT. Page 10 of 11 710 N. Fodad Highway Boyntm Bm* FL 33435 Landlord's .0 e Date Landlord's Signsfum Date STATE OF GOUh" OF -fa l < <t 1 my hand} i eforesaJd on this ___ day of 20 NOTARY PUBLIC My Commission [y Project Budpt For Brain Mwon (A ftma emur aw wmq bmim Finiddup: SPM Cad PIONIM9 MR* SOM wh WAM*Mmt COW TBD. hdWftuudbwbpM. DIAM.bam a0m 14hd"cl. iWuft , WWWOR firJuded TIT; 7' rrT7,-3 F77777 =7 & 72 IIA RM* E4" -4"M" WA rafthaft wau PWI W&Hmptarcowu HVAC STm unk inrAuft &(ft w0it ad hmWlm&ns Pdfift of Bvfidbg —,, kJT&,J C)r Aklmdor Loft MOM FUM!Vft md F*IPMOK V4125M 1,1440.0- -.t2llsm— y � Tqw coK 76M.00 DATE: WWI 5 AREA MGR. SpertScape Name Brain Macon Suildors Address City State/Zip Synergistic Solutions for Facilities and Families Phone (H) (W) 800-858-5446 ® (M) (F) E -Mail Home of Sport Court Products and More PROPOSAL GOOD FOR 30 DAYS OPTION 1 0 2 48 x 50 48 x50 SQ Emma 2400 2400 PRODUCT PROOUC`T DESOWTION ort Court Flooring Mapla Selact with underlaymoK colors TBD, Including undedayawd V/$29,146.00 Sport Court Flooring Defense, base option, Including uretarlayment ######## Painting lines Lines are painted and included as per layout, I full court 2 ads Ramp Edges doorways, and transons """i 125.00 125. 245t 11 Pads 2x W installed x 3 hoops x 12 each hoop, so 36 linear feet of pads 2 Main Hoops for couns 6' overhang, non adjustable well mourn, rag. glass bkbwr&, backboard pad $2,36 5'-'0'-0 $2,385.00 Side Hoops W overhangs, adjustable, wfth baciftard pads, Wl backboard glass „$11, f�j �44 $4,400.00 III OTHER ITEMS 7 Beam Pads Cleaning Package Approved cleaning machine with battery operations, start up cleaning kit rip and Roll Bleschem 3 raw, IN long x 4 Team Benches IS long, no back, self irtanding x 4 Volleyball Equipment ry Giant M11 Munol 11' 2'200.00 $2,200,00 Divi.,rNets Floor Lagos PRODUCT& $39,696.00 ######a Im NOT INCLUDED UNTIL TOTAL PACKAGE IS IDENTIFIED $198.48 ME04 ., . -t 1@12ELM& (if not already included) $0.00 LWALL&MM (if not already induded) $0.00 TOTAL PROPOSAI—' 539,894.48 Please send agreements, to and conditions to proceed with project. Customer Signawe: Dable Terms and Conditions must be agreed upon in addition to agreement. All variables PAII be listed on agreem beflore project is started. Prices Include tax, freight, and installation by component unless othervAse noted. I §tel }�\ 1 of 1 012015 3-04 FM i17,7=71Z ftn1m,WQWftdnAcca" I MYF*vwNw I RQ I Qdw8WW& emorm 60%00" W*11 mmsm- G 1.888.568.0279 MUR , L#an-Fd(7M=-&GUpmC9M � 'L , � r"J, I - � V% Sj, EwykaWkSon I LonkGuawdes 8110P BY GATWORY CREXrE YOUR OVM HOWTO COOLEXAMPLES FORWAINEGIS FOR DEWNERS MY CART The Danca Mural A*mkbyDwmTWwm I SKU DT1013 Ufa zmm AM to FWOMW DwmdpWn M*"Is SNXft Irmbftim POM by Dwo TWmn to Irm Gmum wN mW tm NWnft VbwWaywAl mck! a db*Wmkmah to =Wffwm CHOOSE YOUR SIZE, CHOOSE YOUR MATERIAM AND EVEN CHOOSE TO PERSONALIZE YOUR MURAL[ Cwftm, Panbm; Mura�r for 40* Vows mgh ouORIV conw-newaf Gmde maw%14 vvAd c3ut, okawmar SwWft $$ft aftum showFla Fm Gmad ShopirV in Con4uo" US Faef Tumommd, EKpWftd,0ph"mq 4 Rw4 Samm Avalab* Murab You Might Abo Lft 602m Price: $416.30 1. Choose Sin I", i.5f) cumm an WkM-. In Haight m hi Smid. F -7W KT4rH (I pume Meftm 17-YW x' (3 pmak) LmW Ir -WW x 4-7-H (4 piumb) & Choom Options ame) r Pwm*in (was form*ftem bwor we GFtw# Price: $416.30 2gmABmft 1 of 6/2/2015 5:04 FM The Dance - Image View J murals Your Way 5129115, 2., S4 p Mural The Dance SKU UT1013 Artist Dane Image Type Arhvork I htt,o: t jwww.mur lsyou rway-com Ilar ev[ e spx r— MMIADTI013j Page 1 of 1 WALLEN SERVICE CORP, INC;z WALLEN -A C 1470 N. Congress Avenue, West Palm Beach, FL 33409 Phone (561) 684- 5555 Florida State License #. CACA A15692 We hereby proposed to do the followinig work m 9 rmme s 8,o-v,� Dollars. I / This Bid Proposal with a general description of the project and cost. If the Bid is iie etailtermsand by Palm Beach County, Florida. This proposal maybe withdrawn by us if not accepted within 30 days. Utter of Intent Property Description: Boynton Beach, F1 334 Subjectto the proposed of mutually acceptable agreement to lease ("Lease Agreement") wiflim thirty days after execution of this f Intent (the "lease Negotiation Period"), the undersigned offm to lease the subject property in accaulance with the following tenus and conditions: company in which he is the controlling party or to any other third party without approval. 3. Leasing Amount: ($ 1900-00 ) Plus Taxes Plus sales tax for $ 108.00 for a total of $1908.00 per month. 4. Opening of Escrow: Escrow ("the Leming Escrow") shall be opened at —TBD Real Estate Office /Ti tie Company within three (3) business days from cxec–uTi;� �f -1---is-letter of IntcnL The lease Agreement and Mutual Escrow (-3 is of execution by both parties of this Letter of Intent to lease (the "Contract Negotiation i. 11 - * 0 - j=-1 1117 Kj 1 17101 1� P., - i i MMMUDWO'. I I I 01 l Mmly 19 07 R1 z each and every covenant1 condkion hereunder. r r i<s,.!�.( m7 Vii, M-1 1 C49 '' se, snaii-77 considered as rentbue and shail he hciuded in any lion for rent. Wt C, j' 4;r _ PROPERTY TA,ti,, & INSURANCF- Property taxes and property insurance o be wA b the landlord. ME- E. -S -151M m IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein wwressed, the day and year above written. M to Lessew. affiffim '2 LLC, By: - Name. Rµ,mmmmmmmmmmmmmmm..................... ' : X 4 5 .��..��..... .............. .......................n � mm, m,,,m, m...m ..,................... i """I'v.° b;�I -, �� ...... ....._...... _............. TENANT TO ATrACH A COPY OF THEIRITHIS LEASE AGREEMENT M COMMERCIAL. MOISTURE MD MOLD PREVEIMON GUIDEUNES 1. Report any maintenance problems involVing water, moist conditions, or mold to the Lessor promptly and conduct its required activities in a manner, which prevents unusual moisture conditions or mold growth. 2. Do not block or inhibit the flow of reWm or make-up air into the HVAC system. Maintain the suite as a consistent temperature and humidity level In accordance with the Lessor's ln&uctlons. 3. Regularly conduct junitoHal activities. especially in bathrooms, kitchens. and Janitorial spaces to remove mildew and prevent or cormd moist conditions. 4. Maintain water in all drain traps at all firnes. LesseWs Signature'. Date. in 11 -1; 1 .1". TA =� =0� 0 M, Gaty R. NOWIM CrA -ad E HornesL xemption , pf- rtef r LocationAddress 1300WINDUSTRIALAVE101 Municipality BOYNTON BEACH Parcel Control Number 08-43-45-20-20-000-0140 Subdivision BOYNTON BEACH INDUSTRIAL PARK NORTH Official Records Book 25624 Page 416 Sale Date NOV-2012 BOYNTON REACH INDUSTRIAL PARK NORTH IT 14 21-45-43, NLY 70.04 Legal Description FT OF SLY 921.3 7 FT OF WLY 269.54 FT OF Owners M ailing address BOYNTON BUSINESS PARK LLC 1680 MICHIGAN AVE STE 700 MIAMI BEACH FL 33139 2551 Saks Date Price OR Book/Page Sale Type Owner NOV-2012 $3.073.3SO 25624 /-0416 WARRANTY DEED BOYNTON BUSINESS PARK LLC NOV-2011 $7,481,764 241368 /131 S WARRANTY DEED JPMCC 2007 C1 BOYNTON INDUSTPJAL LLC APR -2006 $8,700,000 20255/0243 WARRANTYDEED 1300 WEST INDUSTRIAL LLC J -1985 $6611,500 04565/0665 WARRANTY DEED UN AUG -1 982 $312,000 0377811988 WARRANTY DEED No Exemption Infbrimation Available. Number of Units 0 'Total Square Feet 61310 Acres 5.0601 Use Code 4800 - WAREH/DISTTERM Zoning M I - Light Industrial (08 -BO YNTON BEACH) Tax Year 2014 2013 2012 Improvement Value 32.033,596 $1,917,486 $2,941.085 Land Value $1,011.709 $1,102,080 $1,357,787 Total Me-,rketVWue $3,045,305 $3,019,566 $3,500,000 All values areas of'January 1 st each year Tax Year 2014 201s 2012 Assessed Value $3.045,305 $3,019,566 S3,500,000 Exem pdon Amount $o $0 so Taxable Value $3,045,305 $3,019.566 $3,500,000 li Tax Year 2014 2013 2012 Ad Valorr-ni $69,946 $68,542 $97,514 Ron Ad Valorem $21,385 $21,466 $21,466 Toud = $90,331 $90,003 S118,980 1 Of 1 &2/2015 2:56 PM Brin Macon E 1499 S Federal High *518, Boynton React, Florida 33435 718-406-2325 Smac-fiveogmalixom rOTM + building, customer service and operation MperVISIOAL Exceptional performance record in revenue growth and building market presence. Adept at cultivating ties with all employees, providing mentorship and motivation in order to maintain a high level of employeeand efficiency In the workplace. 'i4 rleader who� responds in challenges with confidence, determination and focus. Davos -Blum nton BeaCh, FL Sports coordinator Y1}07-12/12 Slintaluces Summer Basketball Camp, Lantana, FL instructor OEM { MA, ' ,`r i i, j� s t a� .� Boston University, Boston, MA B.S.; nlajor. Psychology. Mlarld Dade College, Miami, FL A.S. Major: Psychology. Boynton h High School,ynton Beech, FL January 2011 Employee of the Month ListenFirst Customer Service training S Office capable First idCertified f -� Brain Macon & fimess cenwr md Wahift =ter) 17) Acconipaky injumd athleles to hospftals. 18) Perform wiii- support duties such as running errands, maintaining equipment,and stoc!Ang suppfle& M l Lead stretching exer6sas for team mem bers prior to games and praclice& 'nie NwqWY schedule of this career varies depending on the needs of theell emats and level ofservices provided. em (C Certified Personal Trainer Job Description Campus Recreation and Wellness consists of three program areas: Recreation Center, Intramurals and Sport Clubs, and Fitness and Wellness. There are three types of Positions: Entry Level, Manager, and Supervisor. Comideration for employment is based on the review of a 0, WA '" lic-afian an4�61tervipew, and �TWWWU7 �-' �xAfij-&effiqqsLjbfljties, Enhance Imowledge through continuing educatiok etc to build skills Maintain awurate paperwork for clients and sessions Enforcement of rules and regulations Communicate any equipment problems, member concerm, or suggestions to the Coordinator of Fitness and Wellness or CR%IT-DirmW-r-.- Brain Macon to BOOSS COSOV and twoulWAR C=pany. The arVet Wnau stmtwmb 'behalf ` X I Consent Agenda Old Business New Business Legal Other SUBJECT: Approval of Commercial Rent Reimbursement Grant to Brian Macon, a Sole Proprietorship, for a Fitness and Training Company to be Located at 1300 W. Industrial Avenue, Suite # 106, Boynton Beach, FL 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. Brian Macon, a Sole Proprietorship, submitted a Letter of Intent to the owner of the property based on a proposed Lease for the property located at 1300 W. Industrial Avenue, Suite # 106, Boynton Beach, FL. Base rent is $1,800 per month. Brian Macon, a Sole Proprietorship, for a Fitness and Training Company falls under the terms of a Tier 2 business (as outlined in the grant application). If approved, the applicant is entitled to half of its monthly rent not to exceed $900.00 per month for a 12 month period. The maximum total reimbursement for this business is $10,800. The applicant meets the eligibility requirements -under program guidelines and will be reimbursed on a quarterly basis with proof of rent payments. FISCAL IMPACT: Maximum of $10,800 - Project Fund 02-58400-444 LJ UT, =1-1 0 EZECOMMENDATIONS: Approve the Rent Reimbursement Grant to Brian Macon, a Sole Proprietorship, for a Fitness and Training Company not to exceed a total of $10,800 for the property located at 209 N. Federal Highway, Boynton Beach, FL. �7 Michael on Assistant Director Boynton - Beach C y t wi. y volop « . ut: .« :.< >y� .., Cornmerclal Rint} «2>M dablily, wkh&n the We dlemidan of the cRA, as an GlIgIbUity requifielinsird A OOPY of the wnswer Mwft will be MAW to r , e . SUMMIng of the propeft by grant rwiplent is m Of ORA grant fundhig. �` m r WNW" fin nukWOPMMI or f Tier Oft Buslinsin (pun aw�l Rulaurants only) Tier One Sualnewn am 91WIblerbtWinmi't ban t $1,260 per month, whichever is jess, (mwftum RnmuM of thg gmt k $16=.) Pqw2dII Phim 561-737-8256 FoL 361-737,W$ LI f Rentreftmemeft mAll not be paid untl 6Hcombuctlanhoe . City and Cowdy lims" WO ObImh9d dnd the buSkmss In open fbr oparagon. *U) 710 BwpfanBwLFL3343S Phm 561- Poll &M TbS CRA WE Issue fturament an it quaftmy basis diredy to the apMmnt for the MmIthlY rent PeMent made to ft Landlord upon reWpt and vedftWn fti," paymard has been cbwW by 1he bank. I P&M*nts by any party. The Commerdal Rom RWaftmemot PmgF= May only be und Ons Orne by any one r kminen The CRA rmmn the Oght to approve or deny WIV COMMardal Rot Rombumerrorit JI eftblMhed for tM WonOMIC development of the CRA DIMOt. The malppt AN apploarft are dmngly enwuruW to MW Mft ORA Staff In Orftr to determine before submifflng an appftmw, Funding w 1 Pops of!! 710 N. FO&W!. BwjMftDofiAFL3l0M f ....\"A3« Fox 561-737-3252 CRA staff § conduct a eke vlak before m1mbumement PSYMNft boon In order lo vwKY that ft buidnese Is ` Staff WMY | S! order a . ! \agrwnent DIM-OrMnuadan of Payment The moelpt of Past ,nO quamnbe of fuWre papnerib. Ite CRA mkme the / tD ! . ! ! O !' dWwMlbn The a Beach CRA Is u ' o 'Flaft Puble uWar Flodde Stift StWaw, Chapter !! Q. Any documerds provided b ) my be subject to prodwtbn by the CRA upon rwelpt of a pUbHo mwids mqued,subj9d any womptbm Muvided by FlorldaLow. 18 NOT A GUMAWME OF FUNDING BOBI�TCq April 1, 2015 — Sapternber 30, 2015 Bo- o , 'ri l¢ , a ,Community, e+,, . Agency Commercial Rent Reimbursement Program Application �A red i �� -w:- aAsfing m Yes No Number of years in ariste,ne 2. Pdnc#:)aVG,.4ne,r Name: i%oala of Birth. Ct AddresCll .3. PritwipaUeNvner Dale of Blrth 4-1 4, FdridpalOwner Nam.,—_ Doloof Egr2h: Curmt Address., . ...... . . ....... LMIX.Q INFORMATlgj4-: OUDINQUIQLUALIMMAI-VER -=A= Q_F I 1,7711 M# lat =Z1. . . . . . . . . . . i7MMI'm 7iff7417 . . . . . . . . . . AMUM I give permlselon to the CRA or ft agents to take photos of MYWN and busirum to bs usw to T;Mmote the latram. I undanstand UW 9 Ne application and to Irdonnation furnished In support of ft application are found to be incomplet% it vAl not be procesaW. i = 177 J IN614; 77 NF77-M=777, ME=' rur-7,177; 411111111 im S h@ �Onah,vmw Oafs ad Hem 11,1VI4 F'Onted Name T-dia ItindpaVOwnert, Skmallyure PJrftd Nam "Affle g, frime. Data §2W (T } \\ OFTI-M FOREPING. I have set m;end and offlacial seal In the State aiq,,i� Couniy Abresuld +\I day c ir` r 1 'F` t 1* t= 1 P - Landkwd s Signature mm Landlord's STATE OF COUNTY OF BEFORE ME, an aftor duty auMfted by low to administer oethe and Mm who Is/am perionally know to me or produoed Ilks ldenMcWon, and wkrKMAW90d he/she executed tim foregoing Agreement 1br the use and purposes • 4i f•i'In It and the lastrurnentIs hWher act and+' d.. IN VWTNESS OF THE FOREGOING, I have set my hand and offdal seal In the State and County aforesaid on this of NOTARY LE My at . PIN�r ti it.�.%'6tiauuW '� M aauuuwnrr..:." �u. fiu W' l.nA�` L ';� •._f � k „^fry ' Letter of Intent Property Description: Wid OIJBIM, M MIAT, IFTyri-00 I =11 Boynton Beach, F1 33426 Subject to the proposed of muturJ`y acceptable agreement to lease ("Lease Agreement", within thirty days after execution of this Letter of Intent (the "lease Negotiation Period"), the undersigned offers to lease the subject property in accordance with the following terms and conditions: 1. Lessor (s): Boynton Business Park, LLC rvith co 3 Leasing Amount: ($ 1800.00 ) Plus Taxes Plus sales tax for $108.00 for a total $1908.00 per month. I C , Opening of Escrow: Escrow ("the Leasing Escrow") shall be opened at TBD Real Estate Office / Tide Comparty within thme (3) business days -fi�m execution -of this Letter 'i The lease Agreement and Mutual Escrow C_3_) days of execution by both parties of this Letter of Intent to lease (the "Contract Negotiation PariocP). -F' P.% R P -W- MrWPIP OF -We" PV." ILI IMETUTM-141WIA115 =MV(41041*7115 - Zoo M111PIM4, V I -oqq;) q W W 0 WIN md, condons outlined in this Letter of Intent. Lessor understands the purpose of this Letter of Intent is to allow further investigation by both parties into the feasibility of zutering into a formal agreement. This Letter of Intent is only bmding on the parties ce1tX1ec!oV,9torr -rp--rnd- If the is.Tr 4llu 0.1 VA IMI'Vis I I - - 1 -14 [;;.1- A, Mgiz w Lessee: Dated-, 11111 � I I I I 11 111!1 � ip I jiijii� I of the terms, covenants and conditions of this lease. 4, A WII ":1 1 WISIT a IF *I Off M be included in any lien for rent. TWENTY-SECOND. PROPERTY TAXES & INSURANCE Property taxes and property insuranos, are to be the responsibility of the landlord. m INF-111,11TRIESS VVH,rte OF, the parties hereto have executed this instrument fbr the purpose herein expressed, the day and year above wMWn. In Witnesses Lesson 'Z,zT._,r„m By: mw3 Title- a .., 2 m " By,,.........................a.��w��a��.d,�n �. .,..mmmmmmmmmmmmmmmmmmmmmmmmmmmm..mmmm. Dete," a a .................. —-....................................F....�� Nwr'rw Acldmss,— --------------------------- TENANT TO ATTACH A COPY OF THEIR DRIVERS LICENSE TO THIS LEASE AGREEMENT so COMMERCIAL MOISTURE AND MOLD PREVENT10N GUIDELINES 1. Report any maintenance problems involving water, moist conditions, or mold to the Lessor promptly and conduct its required actlAes in a manner, wtfich prevents unusual moisture conditions or mold growth. 2. Do not block or inhibit the flow of return or make-up air into the HVAC system. Maintain the suite as a consistent temperature and humidity level In accordance with the Lessor's instrucdons. 3. Regularly conduct janitorial activities, especially in bathrooms, kitchens, and janitodal spaces to remove mildew and prevent or correct moist conditions. 4. Maintain water in all drain traps at all times. Lessee's Signature: . . . . . . . . . . . . . . . . . . . . . . . ..... . .................................... "I'll Date: MR Fi5 I " , - ---- - fwu R. MWIM CFA Homestew. T P-rq*rty A LocadonAddriess; 1300 W INDUSTRIAL AVE 101 Municipality BOYNTON BEACH Parcel Control Number 08-43-45-20-20-000-0140 Subdivision BOYNTON BEACH INDUSTRIAL PARK NORTH Official Records Rook 25624 Page 416 Me Da sie NOV-2012 Legal Description BOYNTON BEACH INDUSTRIAL PARK NORTH LT 14 21-4S-43, NLY 70.04 FT OF SLY 921.37 FT OF WLY269.54 FTOF Owners M alling address 1 BOYNTON BUSINESS PARK LLC 690 M IC70 HI GAN AVE STE 0 MIAMI BEACH FL 33139 2551 Sales to Prica OR Boo Sale Type Owner NOV-2012 $3.073,350 25624 [0416 WARRANTYDEED BOYNTON BUSINESS PARK LLC NOV-2011 $7.481,764 24868/1315 WARRANTY DEED Ji' M CC 2007 C1 BOYNTON INDUSTRIAL LLC APR -2006 $8,700,000 20255/0243 WAREED 1300 WEST INDUSTRIAL LLC JUN -1 985 $668,500 04565/0565 WARRANTY DEED AUG -1982 $312,000 0377B/1988 WARRANTY DEED Na Exemption lnfbrmadon Available. Number of Units 0 "Total Square rmt 81310 Acres 5.0601 Use Code 4800-WAREN/DIST7UM Zoning M1 - Light Industrial (08-BOYNTON REACH) Tax Year 2014 2013 2'012 Improvement Value $2,033,596 $1,917,486 12,941,085 Land Value $1.011.709 $1,102,080 $1,357,787 Total MarketValue 53,045,305 $3,019.566 $3,500,000 All values are as of January I st each year 71an Year 2014 2013 2012 Assessed value $3,045,305 $3,019,566 $3,500,000 Exen, pdon Amount $o $0 $o Taxable Value $3,045,305 $3,019.566 $3,500.000 Tax Ycrr 2014 2013 2012 Ad Valorem $68,946 S68,542 $97,514 Non Ad Valomn, $21,385 $21,466 $21,466 Total tax $90,331 $90,008 S118,980 1 Of 1 6/2/2015 2:56 PM Brain Macon (P o BrAin NSCOA is A ftm CeMW Md CPAUDg COrapany. The Camant btgnea ftradura it a sole PrtiprielcrvWp.HefskwmminftcommunityasBMC w Brak Is sedftg rchn4urfemg�g for sports fluo'dog, SWange.i i MW l relmbumumt I r yvur cumUerallon and revLaw of this projam if there is EW 9d"Guml mbr=00a �Or WOOM that OW to be answerud, please feel fte to con= Trfnm W YoegppjjmtOfor Brian Macon 1499 9 FederalHighway #510, Boynton Reach, Florida 3343S 71.8-496-2323 to challenges with confidence, determination and focus, Coordinated and oversaw day to day Operations Generated $70,000 In revenue per year Performedduties and payroll CR Negotiate agreements with facilities and corporate sponsors Santaluces Summer Basketball Camp, Lantana, FL rnstractur � ryw Psychology. Miami Dade txG:« waw.I Boynton Beach Hig# h tynBeach, R Achievements and Certifications January 2!!poly of the Month Listen Fit Customer Service Trak, 5 Office2 k CPR & FirstAide certified aw�my � Brain Maco [a f1mess center and trainial center) I 17) Accompany in tend athlotes to hospitals. 18) Perfarin tearn-support duties such as running, errands, maintains ig equipment, and stoc!Ang supplies. G� 19) Lead stretching exercises fbr team members prior to Pares and practices. Tbe wm—kly schedUle of this carrar varies dep-onling on the niveds of the c'pients and Jevel of services provided, NN ' . . . . . . . . . Certified Personal Trainer Job Description Campus Recreation and Wellness consists of three program areas: Recreation Center, Intramorals and Sport Clubs, and Fitness and Wellness. There are three types of Positions: Entry Level, Manager, and Supervisor. Consideration for employment is based on the review of a completed CRW job application and interview, and may very based upon position and program arm as'—weirle &O-I&II-412iti—lides OL .. ...... .. ... . ..... . . . Mal: a=e vs1i al! ,1WnkKg�o?-?'TA'S the, rzat fcioi'sn Idea I have ever seen. �ets speed a r"tn Of,"Ars and r:p do in a petfeclty pod buidling Is create a g-eev space? Ycu `lad a UIoank green space en the corner of Gceaq and P—edera', 7ftfe ctlzeas need -rwa conlroi *,oe" these dec'SSOOris, t1ve CPJ, t comp M&Af o�.fl Of tO,;JChi W,4�'h reafty, 7 liat bUldlig Is not. an Tye Sorel Y is a r%ecesaj--y p*ce c,1 acture for a wsri:,,a. I wrould lave to heaT 'Mrn any lozrd u., stalk rne-rbe,7 as to wthy this Is a good Idea? RooEatonpts approval W tear down &NT shop Wth the Palm Beach County Commission's blessing. Boynton Beach can tear down an old dive shop at the MOOM ft Mate a glean SPOO& sh'ava (� a -,i,,,e Prird r' • Re: • f RAW] Green i r comingsoon! From: Chris Montague (notification+z,_•fcc@facebookmaii.com 11 f -. h ..[l• R i, _ r^.fi4 "- Datta: Thursday, June 4, 2015 11:16 AM T M. Brake 10:27am Jun 4 SpalshDown Divers spent a lot of time and money fighting it. Even to the point of going before the Palm Beach County Commissioners to say please dont allow it. The CRA needed the county's permission because there was a previous agreement that didnt not allow the cra to tear the building down as part of receiving grant money to buy the marina. 3effrey Sciarra10:24am Jun 4 Mow do the guys at the Sea Mist feel or the previous dive shop? I think they would have the greatest voice in the matter. They are part of Boynton Beachhistory. 10:21am Jun 4 The last time this came before the community redevelopment agency for a vote 6 people from marina village came and expressed their interest in seeing it gone and how their view would be better and the marina would be better with it gone. WE will all need to show the city commission that there more people that wish to keep it than remove it and how preserving it will enhance the marina feel way more than removing it ever will. 3arnes M. Brake 10:02am Jun 4 In my opinion ii?s never too late until its gone. Each interested person can email each of the city commissioners and mayor and tell them why you think it should be saved and maintained. Kim your voice is going to be very important. As a neighboring property owner you can express how you see it from your terrace and would hate to see it go. Babs Barbara 9:58am Jun 4 I'm not sure of the process of their decisions but maybe we all should have paid attention when it mattered. This is another reason why we have this page. We must connect to the City to voice our opinions, to volunteer and to make a difference. Is it to late for this decision to be dhanged? hMaJius-mg5.maii.? -s .r lscnsgkhftk3 1/2 V4(2D15 Print Original Poi Green Space coming soon! p f; i f 'i 1 3} tear down � d\ r ,�d k Boynton i)1 f approval i at pbpo With the Palm Beach County Commission's blessing, Boynton Beach can tear down an old dive shop at th... MIT ,"Mrs] 7!111111�111 ht4x-l/Ls-mg5.maii.yahomeorn/�eafiaLmh?.pmtw=sbo&rard--lscnsWtftk3 2/2 CRA BOMW MEETING OF: June 9,2015 1 Consent Agenda I I Old Business I � New Business I I Legal I X I Informalion Only[ I Other 0 0 is FIJI Boynton Forum- As part of the ongoing marketing efforts to assist local merchants in advertising campaign, the CRA staff allocated funds in the budget for a monthly double page spread in the Boynton Forum. Every month the double page spread has a different theme in which the businesses are rotated to support the overall mission to promote downtown Boynton Beach as is destination. With summer approaching, the May ad (Exhibit A) featured 12 restaurants with a "Summer Dining Deal" theme to promote the restaurants during the slow months during the summer. I Boynton Harbor Marina Marketing Campaign — This campaign continues with a multifaceted advertising campaign of internet presence on Dozier's Waterway Guide - The Cruising Authority website under "Featured Marina" ( Exhibit B) httD://www.waterwavg-yuide.com/w,eJfeatured-ma-rina/boMton-harbor-matina The campaign also includes a V2page ad in the Waterway Guide hard copy and a V2. page ad in the magazine along with a "Marina Close -Up" spotlighting the Boynton Harbor Marina with comprehensive information. (Exhibit Q erm. IN M11 I I 020�!= 'PRI MIT11 =Ms Q 8 loon I I I with an editorial on Jaycee Park spotlighting the many amenities the park has to offer. (Exhibit E) N -141"M 1m- 03TIV11M. An �MMICRA Amwa � � � :� . AV� u..| Featured Marina BoYNToN HARBOR MARINA Intracoastal Waterway/Boynton inlet ICW Mile, 1035 735 Cass Loma Bivd. 4 4 Boynton Beach, FL. 33435 MI; boyntonhaibarmarina.com Im catchboynton.00m KI, IlTro �.. ,..1__,[.... i. d,i,- BOYNTO =BEACH.,C,RA CRA BOARD MEETING OF: June 9, 2015 1 C nsent Agenda I I Old Business I I New Business I I Legal I X � Informadon Only Other 61111 1.11 Brim TIM • CRA Budget Meeting • Thursday, August 6, 2015 • Time: 6:00 pm until 9:00 pm (or until close of business) • Location: Intracoastal Park P 0 11 N I I lki-B FW 07ift 10) 1 Meeting Minutes A Board Boynton Beach, Florida May 12, 2015 The motion passed - (Vice Chair Casello and Mr. Fitzpatrick dissenting.) Al Consideration of Change to Policy for Approval of Release of Invitatio s t Bid, Requests for Qualifications and Requests for Proposals for CRA Board Budgeted Project or Ms. Brooks explained this was not a written policy of the CRA, but it was a practice to write an RFP or RFQ for items in the budget or for maintenance which added additional time to the process. They want to emulate the City and write an RFP, Invitation to Bid or an RFQ, and bring the most qualified, responsive bids back to the Board for consideration. This streamlined the process, particularly on maintenance. Mr. Fitzpatrick requested alerting the members through the weekly meetings or the agenda that an RFP, RFQ or Invitation to bid was sent. By consensus, the members agreed to implement the practice. :ConsiderationC. of Systems Audit and Direct Incentive Funding A(DIFA) Payment Releases to Hart Seabourn Cove, LLC for the properties greement Ms. Brooks explained Seabourn Cove was a multi -family project on South Federal Highway. In order to receive the DIFA payment, Seabourn Cove had to submit the - of party random checkof each building • ensure it functions ihe energy effi- - supposed `•- -• in the agreement.The results are forwarded to the Chief Building Official Andrew Mack for review, and then he sends a lefter to CRA whether it meets the guidelines or not. If approved, a DIFA payment of $348,950 for Phase I - • $153,070 • Phase 11 would be made.- •' the criteria, but Board had to approve payment. Mr. Merker moved to approve the payment. Mr. Hay seconded the motion that unanimously passed. D. Consideration of Dates for CRA Budget Meeting August 5t�' and August 6th , at Intracoastal Park Clubhouse was suggested for the Budget Meetings. Mr. Merker commented he was not available on August 5 th, Mr. Hay moved to have on the meeting on August 6th,Mr. Merker seconded the motion that unanimously passed. E•' CRA BOARD MEETING OF: June 9,2015 Agenda I I Old Business, rs Information Other Annual Filing of Statement of Financial Interests SUMMARY: By July 1" of each year CRA Board Members and the Executive Director are required to file "Full and Public Disclosure of Financial Interests" (form attached). The form is mailed directly to the mailing address of the CRA Board Members and the Executive Director. If the form is not filed when due, non-compliant members are subject to fines as imposed according to Florida Statutes (the 2014 Florida Statutes and Filing Information is attached). This is an Information Only item to remind the Board that the attached form is due no later than July 1, 2015. FISCAL IMPACT: NIA RECOMMENDATIONWOPTIONS: None Information Only T:rAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board MeetingsWune 20151Annual Filing of Financial Interests.docx 6=15 •I'll 1 Select Year: �, 2014 v Go Title X Chapter 112 View Enti PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chatftr AND RECORDS GENERAL PROVISIONS 112.3145 Disclosure of financial interests and clients represented before agencies.— (1) For purposes of this section, unless the context otherwise requires, the term: (a) "Local officer" means: 1. Every person who is elected to office in any political subdivision of the state, and every person who is appointed to fill a vacancy for an unexpired term in such an elective office. 2. Any appointed member of any of the following boards, councils, commissions, authorities, or other bodies of any county, municipality, school district, independent special district, or other political subdivision of the state: a. The governing body of the political subdivision, if appointed; b. A community college or junior college district board of trustees; c. A board having the power to enforce Local code provisions; 1. A planning or zoning board, board of adjustment, board of appeals, community redevelopment agency board, or other board having the power to recommend, create, or modify Land planning or zoning within the !Dt for citizen advisory committees. technical coordina ine committees. and such 11111111, k1mr!14 W 1q, MR,"11", - "1111611111CONIto WIT; =111150= - power to make a binding determination of one's entitlement to or amount of a pension or other retirement benefit; or f. Any other appointed member of a local government board who is required to file a statement of financial interests by the appointing authority or the enabling legislation, ordinance, or resolution creating the board. 3. Any person holding one or more of the following positions: mayor; county or city manager; chief administrative employee of a county, municipality, or other political subdivision; county or municipal atto-itW finance director of a counN�o mu I . . . . . . . . or other !�clitical subdivision.-, chief countij or munici�rL building code inspector; county or municipal water resources coordinator; county or municipal pollution control director, county or municipal environmental control director; county or municipal administrator, with power to grant or deny a (and development permit; chief of police; fire chief; municipal clerk; district schoot superintendent; community college president; district medical examiner; or purchasing agent having the authority to make any purchase exceeding the threshold amount provided for in s. 287.017 for CATEGORY ONE, on behalf of arry political subdivision of the state or any entity thereof. (b) "Specified state employee-*' means: 1, Public counsel created by chapter 350, an assistant state attomey, an assistant public defender, a criminal conflict and civil regional counsel, an assistant criminal conf tict and civil regional counsel, a f ull- time state empLayee who serves as counsel or assistant counsel to any state agency, the Deputy Chief Judge tftlAvww,log,stMe.fl,motMeWWrOwdm?App_pode=Display-AWub&Swrch-String-&URLmOlDD-0lMOI 12/SWAQM/01 12-3145AMI 117 6l MIS of Compensation Claims, a judge of compensation claims, an administrative law judge, or a hearing officer. 2. Any person employed in the office of the Governor or in the office of any member of the Cabinet if that person is exempt from the Career Service System, except persons employed in clerical, secretarial, or similar positions. 3. The State Surgeon General or each appointed secretary, assistant secretary, deputy secretary, executive director, assistant executive director, or deputy executive director of each state department, commission, board, or council; unless otherwise provided, the division director, assistant division director, deputy director, bureau chief, and assistant bureau chief of any state department or division; or any person having the power normally conferred upon such persons, by whatever title. 4. The superintendent or institute director of a state mental health institute established for training and research in the mental health field or the warden or director of any major state institution or facility established for corrections, training, treatment, or rehabilitation. 5. Business managers, purchasing agents having the power to make any purchase exceeding the threshold amount provided for in s. 287.017 for CATEGORY ONE, finance and accounting directors, personnel officers, or grants coordinators for any state agency. 6. Any person, other than a legislative assistant exempted by the presiding officer of the house by which the legislative assistant is employed, who is employed in the legislative branch of government, except persons employed in maintenance, clerical, secretarial, or similar positions. 7. Each employee of the Commission on Ethics. (c) "State officer" means: 1. Any elected public officer, excluding those elected to the United States Senate and House of inexpired term in such an elective office. 2. An appointed member of each board, commission, authority, or council having statewide jurisdiction, 3. A member of the Board of Governors of the State University System or a state university board of trustees, the Chancellor and Vice Chancellors of the State University System, and the president of a state 4. A member of the judicial nominating commission for any district court of appeal or any judicial (2)(a) A person seeking nomination or election to a state or Local elective office shalt file a statement of financial interests together with, and at the same time he or she flies, qualifying papers. When a candidate has qualified for office prior to the deadline to file an annual statement of financial interests, the statement of financial interests that is filed with the candidate's qualifying papers shalt be deemed to satisfy the annuaL disclosure requirement of this section. The qualifying officer must record that the statement of financial interests was timely flied. However, if a candidate does not qualify until after the annual statement of financial interests has been filed, the candidate may file a copy of his or her statement with the qualifying (b) Each state or Local, officer and each specified state employee shalt file a statement of financiaL interests no later than July 1 of each year. Each state officer, local officer, and specified state employee shalt file a final statement of - # days or public position f! period between January 1 of person leaves and the Last day of office or employment, unless within the 60 -day period the person takes another public position requiring financial disclosure under this section or s. 8, Art, 11 of the State Constitution or otherwise is required to file full and public disclosure or a statement of financiat interests for the final disclosure period. Each state or local officer who is appointed MOIMvm,inp:Bt@.I.usImotesArdw.c[m?AM_maL—Display Stalae&Swrcl Strim&URL-o10D-019MI121SerAcml0112.3W.ItmE 217 6!212015 157-Wri 11 and each specified state employee who is employed shall file a statement of financial interests within 30 days from the date of appointment or, in the case of a specified state employee, from the date on which the employment begins, except that any person whose appointment is subject to confirmation by the Senate shall file prior to confirmation hearings or within 30 days from the date of appointment, whichever comes fiat. (c) State officers and specified state employees shall file their statements of financial interests with the Commission on Ethics. Local officers shalt file their statements of financial interests with the supervisor of elections of the county in which they permanently reside. Local officers who do not permanently reside in any county in the state shalt file their statements of financial interests with the supervisor of elections of the county in which their agency maintains its headquarters. Persons seeking to qualify as candidates for local public office shall file their statements of financial interests with the officer before whom they qualify. (3) The statement of financial interests for state officers, specified state employees, local officers, and persons seeking to qualify as candidates for state or local office shall be filed even if the reporting person holds no financial interests requiring disclosure, in which case the statement shall be marked "not applicable." Otherwise, the statement of financial interests shall include, at the filer's option, either: (a)1. All sources of income in excess of 5 percent of the gross income received during the disclosure period by the person in his or her own name or by arty other person for his or her use or benefit, excluding public salary. However, this shall not be construed to require disclosure of a business partner's sources of income. The person reporting shall list such sources in descending order of value with the lamest source first; 2. All sources of income to a business entity in excess of 10 percent of the gross income of a business entity in which the reporting person held a material interest and from which he or she received an amount which was in excess of 10 percent of his or her gross income during the disclosure period and which exceeds $1,500. The period for computing the gross income of the business entity is the fiscal year of the business entity which ended on, or immediately prior to, the end of the disclosure period of the person reporting; 3. The location or description of real property in this state, except for residences and vacation homes, owned directly or indirectly by the person reporting, when such person owns in excess of 5 percent of the value of such real property, and a general description of any intangible personal property worth in excess of 10 percent of such person's total assets. For the purposes of this paragraph, indirect ownership does not include ownership by a spouse or minor child; and 4. Every individual liability that equals more than the reporting person's net worth; or (b)1. All sources of gross income in excess of $2,500 received during the disclosure period by the person in his or her own name or by any other person for his or her use or benefit, excluding public salary. However, this shall not be construed to require disclosure of a business partner's sources of income. The person reporting shall list such sources in descending order of value with the largest source first; 2. All sources of income to a business entity in excess of 10 percent of the gross income of a business entity in which the reporting person held a material interest and from which he or she received gross income exceeding $5,000 during the disclosure period. The period for computing the gross income of the business entity is the fiscal year of the business entity which ended on, or immediately prior to, the end of the disclosure period of the person reporting; 3. The location or description of real prDperty in this state, except for residence and vacation Fomes, owned directly or indirectly by the person reporting, when such person owns in excess of 5 percent of the value of such real property, and a general description of arty intangible personal property worth in excess of $10,000. For the purpose of this paragraph, indirect ownership does not include ownership by a spouse or minor child; and 4. Every liability in excess o $10,000, fWJMvw,1@9WftJ./fndmxh?AWjnod@=Display_S1afu"Search Stringm&URL=0100-0198/01121Seciions/0112.3145,rr N 3rr 6r2M15 Slaktm & ConsMon:View S1*Aw - Orgine Sunshne the method specified in paragraph (a) or paragraph (b). (4) Beginning January 1, 2015, an officer who is required to complete annual ethics training pursuant to s. 11 L31LZ must certify on his or her statement of financial interests that he or she has completed the required training. (5) Each elected constitutional officer-, state officer, local officer, and specified state employee shall file a quarterly report of the names of clients represented for a fee or commission, except for appearances in ministerial matters, before agencies at his or her level of government, For the purposes of this part, agencies of government shall be classified as state -level agencies or agencies below state level. Each local officer shalt file such report with the supervisor of elections of the county in which the officer is principally employed or is a resident. Each state officer, elected constitutional officer, and specified state employee shall file such report with the commission. The report shalt be filed only when a reportable representation is made during the calendar quarter and shall be filed no later than the last day of each calendar quarter, for the previous calendar quarter. Representation before any agency shall be deemed to include representation by such officer or specified state employee or by any partner or associate of the professional firm of which he or she is a member and of which he or she has actual knowledge. For the purposes of this subsection, the term of Compensation Claims or judges of compensation claims or representations on behalf of one's agency in one's official capacity. Such term does not include the preparation and filing of forms and applications a license or operation permit to engage in a profession, business, or occupation, so long as the issuance or granting of such license, permit, or transfer does not require substantial discretion, a variance, a special consideration, or a certificate of public convenience and necessity. (6) Each elected constitutional officer and each candidate for such office, any other public officer required pursuant to s. 8, Art. 11 of the State Constitution to file a full and public disclosure of his or her financial interests, and each state officer, local officer, specified state employee, and candidate for elective public office who is or was during the disclosure period an officer, director, partner, proprietor, or agent, other than a resident agent solely for service of process, of, or owns or owned during the disclosure period a material interest in, any business entity which is granted a privilege to operate in this state shall disclose such facts as a pan of the disclosure form filed pursuant to s. 8, Art. 11 of the State Constitution or this section, as applicable. The statement shalt give the name, address, and principal business activity of the ji,.*�urfitetf owned and the nature of that interest. (7) Forms for compliance with the disclosure requirements of this section and a current list of persons subject to disclosure shalt be created by the commission and provided to each supervisor of elections. The commission and each supervisor of elections shall give notice of disclosure deadlines and delinquencies and distribute forms in the following manner: (a)1. Not Later than May I of each year, the commission shall prepare a current list of the names and addresses of, and the offices or positions held by, every state officer, local officer, and specified employee. In compiling the list, the commission shalt be assisted by each unit of government in providing, at the request of the commission, the name, address, and name of agency of, and the office or position held by, each state officer, local officer, or specified state employee within the respective unit of government. 2. Not later than May 15 orf each year, the commission shall provide each supervisor of elections with a current mailing list of all local officers required to file with such supervisor of elections. (b) Not later than 30 days before July I of each year, the commission and each supervisor of elections, as appropriate, shalt mail a copy of the form prescribed for compliance with subsection (3) and a notice of aU WAII applicable disclosure forms and filing deadlines to each person required to file a statement of financial interests. (c) Not later than 30 days after July 1 of each year, the commission and each supervisor of elections shall determine which persons required to file a statement of financial interests in their respective offices have failed to do so and shall send delinquency notices by certified mail, return receipt requested, to these persons. Each notice shall state that a grace period is in effect until September 1 of the current year; that no investigative or disciplinary action based upon the delinquency will be taken by the agency head or commission if the statement is filed by September 1 of the current year; that, if the statement is not filed by September 1 of the current year, a fine of $25 for each day late will be imposed, up to a maximum penalty of $1,500; for notices sent by a supervisor of elections, that he or she is required by law to notify the commission of the delinquency; and that, if upon the filing of a sworn complaint the commission finds that the person has failed to timely file the statement within 60 days after September 1 of the current year, such person will also be subject to the penalties provided in s. 112.31 . (d) No later than November 15 of each year, the supervisor of elections in each county shall certify to the commission a list of the names and addresses of, and the offices or positions held by, all persons who have failed to timely file the required statements of financial interests. The certification must include the earliest of the dates described in subparagraph (f)1. The certification shall be on a form prescribed by the commission and shall indicate whether the supervisor of elections has provided the disclosure forms and notice as required by this subsection to all persons named on the delinquency list. (e) Statements must be filed not later than 5 p.m. of the due date. However, any statement that is postmarked by the United States Postal Service by midnight of the due date is deemed to have been filed in a timely manner, and a certificate of mailing obtained from and dated by the United States postal Service at the time of the mailing, or a receipt from an established courier company which bears a date on or before the due date, constitutes proof of mailing in a timely manner. (f) Any person who is required to file a statement of financial interests and whose name is on the commission's mailing list but who fails to timely file is assessed a fine of $25 per day for each day late up to a maximum of $1,500; however, this $1,500 limitation on automatic fines does not limit the civil penalty that may be imposed if the statement is filed more than 60 days after the deadline and a complaint is filed, as provided in s. 11_12 324.. The commission must provide by rule the grounds for waiving the fine and procedures by which each person whose name is on the mailing list and who is determined to have not filed in a timely manner will be notified of assessed fines and may appeal. The rule must provide for and make specific the following: 1. The amount of the fine due is based upon the earliest of the followin a. When a statement is actually received by the office. b. When the statement is postmarked. d f" from an estab[ished courier companydated. receipt2. For a specified state employee or a state officer, upon receipt of the disclosure statement by the commission or upon accruaL of the maximum penalty, whichever occurs first, and for a local officer upon 3 the commissionof the certificationom the locat officer'ssupervisor of ! pursuant to paragraph 3 commission . determineamount of the fine which is due and shall notify delinquent person. The notice must include an explanation of the appeal procedure under subparagraph 3. The fine must be paid within 30 days after the notice of payment due is transmitted, unless appeal. is made to the commission pursuant to subparagraph 3. The moneys are to be deposited into the GeneraL Revenue Fund. 3. Any reporting person may appeal or dispute a fine, based upon unusuat circumstances surrounding the hftp.lMvw,log,oWe,P,us/SWAesArKox,c*n?App_Mode-Disoay_PWA&Swr,h I &URL=01 01 11 112,3145, I W failure to file on the designated due date, and may request and is entitled to a hearing before the commission, which may waive the fine in whole or in part for good cause shown. Any such request must be made within 30 days after the notice of payment due is transmitted. in such a case, the reporting person must, within the 30 -day period, notify the person designated to review the timeliness of reports in writing of his or her intention to bring the matter before the commission. (g) Any state officer, local officer, or specified employee whose name is not on the mailing list of persons required to file an annual statement of financial interests is not subject to the penalties provided in s. 112.317 or the fine provided in this section for failure to timely file a statement of financial interests in any year in which the omission occurred, but nevertheless is required to file the disclosure statement. (h) The notification requirements and fines of this subsection do not apply to candidates or to the first or final filing required of any state officer, specified employee, or local officer as provided in paragraph (2)(b). (i) Notwithstanding any provision of chapter 120, any fine imposed under this subsection which is not waived by final order of the commission and which remains unpaid more than 60 days after the notice of payment due or more than 60 days after the commission renders a final order on the appeal must be submitted to the Department of Financial Services as a claim, debt, or other obligation owed to the state, and the department shall assign the collection of such a fine to a collection agent as provided in s. 17.20. (8)(a) The appointing official or body shall notify each newly appointed local officer, state officer, or specified state employee, not later than the date of appointment, of the officer's or employee's duty to comply with the disclosure requirements of this section. The agency head of each employing agency shall notify each newly employed local officer or specified state employee, not later than the day of employment, of the officer's or employee's duty to comply with the disclosure requirements of this section. The appointing official or body or employing agency head may designate a person to be responsible for the notification requirements of this paragraph. (b) The agency head of the agency of each Local officer, state officer, or specified state employee who is required to file a statement of financial interests for the final disclosure period shall notify such persons of their obligation to file the final disclosure and may designate a person to be responsible for the notification requirements of this paragraph. (c) if a person holding public office or public employment fails or refuses to file an annual statement of financial interests for any year in which the person received notice from the commission regarding the failure to file and has accrued the maximum automatic fine authorized under this section, regardless of whether the fine imposed was paid or collected, the commission shall initiate an investigation and conduct a public hearing without receipt of a complaint to determine whether the person's failure to file is willful. Such investigation and hearing must be conducted in accordance with s. 112.324. Except as provided in s. 112.324(4), if the commission determines that the person willfully failed to file a statement of financial interests, the commission shall enter an order recommending that the officer or employee be removed from his or her public office or public employment. (9) A public officer who has filed a disclosure for any calendar or fiscal year shall not be required to file a second disclosure for the same year or any part thereof, notwithstanding any requirement of this act, except that any public officer who qualifies as a candidate for public office shall file a copy of the disclosure with the officer before whom he or she qualifies as a candidate at the time of qualification. (10)(a) The commission shall treat an amended annual statement of financial interests which is filed fore September 1 of the year in which the statement is due as the original filing, regardless of whether a complaint has been filed. if a complaint alleges only an immaterial, inconsequential, or de minimis error or omission, the commission may not take any action on the complaint other than notifying the filer of the complaint. The filer mast be given 30 days to file an amended statement of financial interests correcting any .l .stote.A. f ? m Display_ rch Suri BURL=01 01 121 10112.3145, i k MI LT1 7T4OFM, 4 k I a., -,w errors. If the filer does not file an amended statement of financial interests within 30 days after the ccmmission sends notice of the complaint, the commission may continue with proceedings pursuant to s. 112.324. (b) For purposes of the final statement of financial interests, the commission shall treat a new final statement of financial interests as the original filing, if filed within 60 days of the original filing regardless of whether a complaint has been filed, if, more than 60 days after a final statement of financial interests is filen, a complaint is filed alleging a complete omission of any information required to be disclosed by this section, the commission may immediately follow the complaint procedures in s. 112.324. However, if the complaint alleges an immaterial, inconsequential, or de minimis error or omission, the commission may not take any action on the complaint other than notifying the filer of the complaint. The filer must be given 30 days to file a new final statement of financial interests correcting any errors. If the filer does not file a new final statement of financial interests within 30 days after the commission sends notice of the complaint, the commission may continue with proceedings pursuant to s. 112.324. (c) For purposes of this section, an error or omission is immaterial, inconsequential, or de minimis if the original filing provided sufficient information for the public to identify potential conflicts of interest. However, failure to certify completion of annual ethics training required under s. 112.3142 does not constitute an immaterial, inconsequential, or de minimis error or omission. (11)(a) An individual required to file a disclosure pursuant to this section may have the disclosure prepared by an attorney in good standing with The Florida Bar or by a certified public accountant licensed under chapter 473. After preparing a disclosure form, the attorney or certified public accountant must sign the form indicating that he or she prepared the form in accordance with this section and the instructions for completing and filing the disclosure forms and that, upon his or her reasonable knowledge and beliefs the disclosure is true and correct. If a complaint is filed alleging a failure to disclose information required by this section, the commission shall determine whether the information was disclosed to the attorney or certified public accountant. The failure of the attorney or certified public accountant to accurately transcribe information provided by the individual who is required to file the disclosure does not constitute a violation of this section. (b) An elected officer or candidate who chooses to use an attorney or a certified public accountant to prepare his or her disclosure may pay for the services of the attorney or certified public accountant from funds in an office account created pursuant to s. 1 141 or, during a year that the individual qualifies for election to public office, the candidate's campaign depository pursuant to s. lQ6,021. (12) The commission shall adopt rules and forms specifying how a state officer, local officer, or specified state employee may amend his or her statement of financial interests to report information that was not included on the form as originally filed. If the amendment is the subject of a complaint filed under this part, the commission and the proper disciplinary official or body shall consider as a mitigating factor when considering appropriate disciplinary action the fact that the amendment was filers before any complaint or other inquiry or proceeding, while recognizing that the public was deprived of access to information to which it was entitled. His .Js. 5, ch. 74-177; ss. 2, 6, ch. 75-196; s. 2, ch. 76-18; s. 1, ch. 77-174; s. 63, ch. 77-175; s. 54, ch. 79-40; s. 3, ch. 82- 98; s. 2, ch. 83428; ss. 2, 5, cls. 83-282; s. 3, ch. 84-318; s. 1, ch. 88-316; s. 1, ch. 90-169; s. 5, ch. 90-502; s. 27, ch. 91-46; s. 6, ch. 91-85; s. 6, ch, 91-Z92; ss. 5, 13, ch. 94-277; s. 3, ch. 94340; s. 1410, ch. 95-147; s. 14, ch. 96-410; s. 31, ch. 97-286; s. 17, ch. 99-399; s. 2, ch. 2000-161; s. 3, ch, 2000-243; s. 31, ch. 2000-255; s. 23, ch. 2000-372; s. 3, ch. 2001-91; s. 2, ch. 2001-282; s. 128, ch. 2003-261; s. 4, ch. 2006-275; s. 12, ch. 7-217; s. 7, ch. 2008-6; s. 9, ch. 2013-36; s. 4, ch. 2014-183. Mp;i ww,l .s1 .fl. d .cirn7AW mode-Display_SMLft&Searth StririrBURL =010a0199V01121Secfior AI12.3145.htmI 717 6=15 Florida Commisslon on EtH cs - Filirg InIbrmabon FILING INFORMATION Statement of Financial interests (Form 1) WHO FILES WHEN FILED WHERE FILED Local Officers as defined in Section Within 30 days of appointment or Supervisor of Elections in county where 112.3145(1)(a), F.S. employment and then annually by July local officer permanently resides. I of each year. Specified State Employees as defined in Within 30 days of appointment or Florida Commission on Ethics Section 112.31451 F.S. _LjLbj� employment and then annually by July P. O. Drawer 15709 I of each year. Tallahassee, Florida 32317 OR 325 John Knox Road, Bldg E, Ste 200 Tallahassee, Florida 32303 State Officer (other than those required Within 30 days of appointment or Florida Commission on Ethics to file CE Form 6) as defined in Section employment and then annually by July P. 0. Drawer 15709 1 of each year. Tallahassee, Florida 32317 OR 325 John Knox Road, Bldg E, Ste 200 Tallahassee, Florida 32303 'Candidates For local elective office (other At the same time qualifying papers are With officer berbre who they qualify. than those required to file CE Form 6) filed. inal Statement of Financial Interests (Form IF) Local Officers as defined in Sedbn Within 60 days after leaving 112.3145(l)(a), F.S. and candidates for such office. position that requires financial disclosure (Form 1 or Form 6). Specified State Empbyees as defined in Within 60 days after Leaving Section 112.3145(l)(b), F.S. position that requires financial disclosure (Form 1 or Form 6). State Officer (other than those required Within 60 days after leaving to file CE Form 6) as defined in Section 112.3145(1)f position that requires financial disclosure (Form I or Form 6). local officer permanently resides. Florida Commission on Ethics P. 0. Drawer 15709 Tallahassee, Florida 32317 OR 325 John Knox Road, Bldg E, Ste 200 Tallahassee, Florida 32303 Florida Commission on Ethics P. 0. Drawer 15709 Tallahassee, Florida 32317 OR 325 John Knox Road, Bldg E, Ste 200 Tallahassee, Florida 32303 1/5 NUOTIRM nrqli Me g- - 111 1* . ag-, 6-1—OkCiTIMINVAKICIR 10, Florida Commission an Ethics - Filing ktormallon WHEN FILED I WHERE FILED 1.... Y'ren"IMP filed Form 1, Statement of Financial Interests. filed Form 1, Statement of Financial Interests. 10102111111 'll1-MAIL-111MIUKA" " Florida Commission on Ethics P. 0. Drawer 15709 Tallahassee, Florida 32317 OR 325 John Knox Road, Bldg E, Ste 2 Tallahassee, Florida 32303 1 When seeking to amend a previously- Florida Commission on Ethics to file CE Form 6) as defined in Section filed Form 1, Statement of Financial P. 0. Drawer 15709 112.3145(l)(c). F.S. Interests. Tallahassee, Florida 32317 OR 'Tallahassee, Florida 32-303 7-011 and Public Disclosure of Financial Interests (Form 6) ------------------- All elected constitutional officers and Incumbent officials must file annually Florida Commission on Ethics, candidates for such offilce, plus: by July 1. P. 0, Drawer 15709 Jacksonville mayor and City Council position that requires full and public Tallahassee, Florida 32317 members, Duval County School Qindidates must file at the time of OR Superintendent, Appellate Court Judges 1 qualifying. 325 John Knox Road, Bldg E, Ste 200 and Judges of Compensation Claims; 11i ;Tallahassee, Florida 32303 Florida Housing Finance Corporation; issw Candidates file with the officer before whom they qualify. authorities and toll authorities. Anal Ful and Pubk Disclosure of Financial Interests (Form 6F) vnrtain expressway authorities, 2utharities. Amendment to Full and Public Disclosure of Financial Intemsts (Form 6X) AX-UMce:: Florida Commission on Ethics or employment, unless taking another P. 0. Drawer 15709 position that requires full and public Tallahassee, Florida 32317 financial disclosure using Form 6. OR 1'325 John Knox Road, Bldg E, Ste 200 11i Tallahassee, Florida 32303 vnrtain expressway authorities, 2utharities. Amendment to Full and Public Disclosure of Financial Intemsts (Form 6X) 1-IjKli0l LYI: [@I a i I All elected constitutional officers and candidates for such office, plus: Jacksonville mayor and City Council members, Duval County School Sur_rIxtem-fex.t,-A-pXml!?te Cilut Jutwy:s and Judges of Compensation Claims; Florida Housing Finance Corporation; Florida Prepaid College Board; and certain expressway authorities, transportation authorities and toll authorities. Florida Commission on Ehcs - Filing Information VPYEV YLED I rrf Financial Interests. Florida Commission on Ethics P. 0. Drawer 15709 Tallahassee, Florida 32317 OR 325 30v K-irox Rx_sLd, Mftft E, Ste 2 Tallahassee, Florida 32303 1 411emorandum of Vating Conflict for State Officers (Form SA) i IRW . . �VYEV FILED I State -level Public Officers faced with a i Within 15 days after vote occurs With person responsible for recording voting conflict of interest under Section minutes of meeting 112-3143(21, F.S. Additional requirements for appointed Within 15 days after "participating' in With person responsible for recording public officers (see Section matter minutes of meeting ILZ. 11 U -111i IL101*1111 r9qq41L, 11�rqsl . IrIT1111M.1t) WHERE FILED County, municipal, or other local public :'Within 15 days after vote occurs With person responsible fbT recording officers minutes of meeting Additional requirements for appointed i'Within 15 days after "participating" in With person responsible fbr recording public officers (see Sqqion matter minutes of meeting 112.31A3 41,L.S. WHEN FILED "Reporting Individual' means any On the last day of the calendar quarter Florida Commission on Ethics individual who is required to file CE (March 31, June 30, Sept. 30, Dec. 31) P. 0. Drawer 15709 Form 6 (except Judges); any individual for gifts received during the previous Tallahassee, Fboida 32317 who is required to file CE Form I i2leiviar j;yartzr anj! Trateef, in z-xciis e. OR $100 325 John Knox Road, Bldg E, Ste 200 "Procurement employee" means state- I 1�1 Tallahassee, Florida 32303 level employee who participates in the No reporting required if no gifts were procurement of contractual services or received. 1 commodities if the cost exceeds or is I expected to exceed $10,000 in any fiscal year. 6QM15 Related Expenses (Fonn 10) i4 ME 0 E M irl Mi 03 FE -1 M 11 M 3 2 Z = imm rf-,m .1 F. M 7 17 WHEN FILED "Reporting Individual" means any ---------------------- - July I if a reportable gift or honorarium Florida Commission on Ethics individual who is required to file CE event -related expenses received during P. 0. Drawer 15709 Form 6 (except Judges); any individual the preceding calendar year Tallahassee, Florida 32317 who is required to file CE Form 1 for the previous calendar OR professional firm) has represented a client quarter in which a reportable 325 John Knox Road, Bldg E, Ste 200 Procurement employee" means state representation occurred. Tallahassee, Florida 32303 level employee who participates in the 'Florida Commission on Ethics procurement of contractual services or P. 0. Drawer 15709 commodities if the cost exceeds or is Tallahassee, Florida 32317 expected to exceed $10,000 in any OR fiscal year. 325 John Knox Road, Bldg E, Ste 200 Donoes Quarterly Gift Disclosure (Gifts Between $25 and $100) (Form 30) rWHERE FILED A vendor doing business with a reporting individual or procurement (March 31, June 30, Sept. 30, Dec. 31) wFT.-Ta im employee's agency, or lobbyist or the for the previous calendar quarter in of Legislative Information Services, which a reportable gift is made. Room G-68, Claude Pepper Bldg., I 11 lobbyist who makes or directs another W. Madison St., Tallahassee, FL 32399 - to make a gift with a value in excess of 1425. $25, but not in excess of $100. For gifts given to non-legisWtive reporting individuals and procuremen employees file with: Florida Commission on Ethics P. 0. Drawer 15709 Tallahassee, Florida 32317 OR 325 John Knox Road, Bldg E, Ste 200 — Tallahassee, Florida 32303 ---------------------------- imm rf-,m .1 F. M 7 17 Any elected constitutional officer, state On the last day of eacft A Local Officer should file with the Supervisor of officer, local officer, or specified state calendar quarter (March 31f Elections of the county where he or she resides or is employee [i.e., persons required to file June 30, Sept. 30, Dec. 31) principally employed. either Form 6 or Form 1] who (or whose for the previous calendar professional firm) has represented a client quarter in which a reportable All others felected constitutional officers, state officers - for a fee or commission before an agency representation occurred. and specified state employees) should file with: at his or her level of govemment, with 'Florida Commission on Ethics certain exceptions. P. 0. Drawer 15709 Tallahassee, Florida 32317 OR 325 John Knox Road, Bldg E, Ste 200 Tallahassee, Florida 32303 imm rf-,m .1 F. M 7 17 602015 Florida Gornmission on Ethics - Filing Inibrmation Interest in Compeve Bid for Public Business (Form 3A) A public officer or public employee who (or whose firm or employer) seeks to Prior to or at L . IM: rlrlem yN JUE,31TE-Fre do business with his or her agency through a system of sealed, Competitive the time of the I- file this form with thenorida by the appointing authority after disclosure of the transaction submission of Commission on Ethics Code of Ethics as provided in Sec. 112.313(12)(b), Fla. Stat. the bid. P. 0. Drawer 15709 112.313(12), Fla. Stat. Also, certain conflicts of interest purchase, rental, sale, Tallahassee, Florida 32317 arising from transactions involving a sole source of supply may leasing, or other business OR wa*vedjUyAid7,• n -at dmsQT-sU-t7. gf tYe wri-f7owt is -ff a7et, usi-tp being transacted. H 325 John Knox Road, Bldg E. Ste 200 Tallahassee, Florida 3 2303 An officer or employee of a politica I subdivision •,.. this state should file this form with the Supervisor of Elections of the county in which the agency in its principal office. Disclosure of Business Transaction, Relationship, or Interest (Forrn 4A) !!I 111111':1 No=. I . I * a CC. the prohibitions of the Code of Ethics. A member of an prior to the waiver. WHERE FILED advisory board may have his or her conflict or interest waived Within 5 business days after qualified the individual to the board. by the appointing authority after disclosure of the transaction For persons seeking a sole P. 0, Drawer 15709 or relationship using this form, as provided in Sec. source waiver, prior to the For sow- soutre transactions, with 112.313(12), Fla. Stat. Also, certain conflicts of interest purchase, rental, sale, OR arising from transactions involving a sole source of supply may leasing, or other business subdivision of the officer or wa*vedjUyAid7,• n -at dmsQT-sU-t7. gf tYe wri-f7owt is -ff a7et, usi-tp being transacted. employee seeking the exemption. I Rn IMIGM MT M- LEMMET WHO MILES WHEN FILED WHERE FILED The trustee appointed by a public officer Within 5 business days after qualified Florida Commission on Ethics who created a qualified blind trust blind trust agreement is executed. P. 0, Drawer 15709 pursuant to Sec. 112.31425, Fla. Stat. Tallahassee, Florida 32317 OR 325 John no Road, Bldg E, Ste 200 Tallahassee, Florida 32303 h*YMww.e1Mcs.aUft.&us1MMcsftm thimloforrTLI 65 Ifterback, Theresa Victor Rodriguez • - , •.. f- -f - ' f Wednesday, Utterback, Theresa Brooks, • Subject: Dollar Development Agreement - Hi Theresa, I missed that requirement. We commented construction in 3/30, well within the 8 week mark from picking up our permit in February. The building pad has been poured as of Saturday morning. Our storm drain and :.ewer work has begun, and we are looking at Monday for our building materials to arrive. Please let me know if you need any further information. Thank you, Victor H. Rodriguez I Development Project Manager, South Florida BOOS DEVELOPMENT GROUP, INC 5789 NW 151st Street, Suite B From: Utterback, Theresa [ ailto-Qtterb b fl.us] Sent: Wednesday, May 13, 2015 3:21 PM To: Victor Rodriguez Cc: Brooks, Vivian; Simon, Michael Subject: Family Dollar Development Agreement Hi Victor: This is a reminder that pursuant to section 18.3 d. Development Timeline of the Purchase and Development Agreement, the following is due to the CRA: d. Commencement of construction within eight (8) weeks of PURCHASER'S receipt of construction permit (photographs of site and/or written description of progress to be provided to SELLER). 0 - c. - .111 - . ... f - . - . -�MVAI ... Thank you, la,1' Ikl MOM Boimton '! �1 710 N. Federal Hwy. I Boynton Beach, Florida 3343.31 o 561-600-9094 America's Gateway to the Gulfstream The information contained in this transmission maybe legally privileged and confidential. It is intended only for the use of the recipient(s) named above. if the reader of this message is not the intended recipient, you are hereby notified thatyou received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. if you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. : � � � � � /� . »,,��§ >� ¥��2 ` ��:v . ��.2 :. »:c>. «� —® .«. .� . / . x >:% .><: � v. a a ? � 9 � �� % ... � y �: wt�.»� © «: Cilf� BOARD MEETING OF: June 9, 2015 I Consent Agenda IX I Old Business I I New Business I I Legal I I Information Only Other AGENDA ITEM: XIII. A. SUBJECT: Consideration of Purchase and Development Agreements between Ocean Ridge Hospitality Group, LLC and the CRA for 211 E. Ocean Avenue 0'a =*. MM MM"s a. Mffsl 0 k J Since the CRA Board selected Mr. Campanile, staff and CRA legal counsel has been negotiating thz terms of the Purchase and Development Agreement. The pertinent terms of the Agreement are as follows: 1 . Purchase Price: $255,000 2. Deposit: $25,500- Due on June 22, 2016 (five days after Effective Date), 3. Closing Date: on or about September 30, 2015 4. Submission of Site Plan Approval: September 15, 2015 5. Completion of Project —September 1, 2016 6. CRA Economic Grants- Commercial Fagade- $25,000, Commercial Construction Incentive — approximately $66,000, Interior Build -out — up to $45,000 7. CRA Budget Funding for Project - $200,000 to be paid out in four installments during construction of project upon receipt of cancelled checks to contractors. Reverter Clause — In the event, the Purchaser fails to timely construct the improvements without both parties agreeing to a time extension, Property shall automatically revert to Seller. Seller's First Right of Refusal — If Purchaser receives a bona fide offer to purchase the Property, Seller has the First Right of Refusal to purchase the Property. 10. Broker Fee — Seller shall be responsible for the 5% sales commission to be paid at the closing of the Property 11. Seller Design Approval — The CRA shall have first and last design approval for any and all changes to the site. FISCAL IMPACT: The CRA shall receive net total proceeds of $242,250 (less the broker commission of $12,750) from the sale of the property at the closing. These funds may be used for future projects. CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan, Ocean District Plan T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board MeetingsWune 20151Campanile 211 revsd.docx MAE ----- --- ------- Vivian . rooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSXCompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Meefings\June 20151Campanile 211 revsd.docx In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SEL R agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property which consists of one parcel located in Palm Beach County, Florida (the "Property") having an address of 211 E. Ocean Avenue, Boynton Beach and more particularly described as follows: See Attached Exhibit "A". 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for th(; Property shall be TWO HUNDRED FIFTY FIVE THOUSAND 00/100 ($ $255,000.00). The parties agree that SELLER is conveying the Property to PURCHASER for the construction of a full service restaurant serving alcoholic beverages and having live entertainment. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. S pTIVE7,11 IT frIETTys K TIE 5 escrow' 11VMg,01111L 1�11L;wis, JL,0nzV11&11 and Walker, P.A. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed the Agreement. However, no party shall execute the Agreement any later than one week after the first executing party or the Agreement shall become null and void. 5. CLOSING. The purchase and sale transaction contemplated herein shall close within two weeks of SELLER's submission to the City of its Major Site Plan Modification or Construction Permit Application whichever is sooner for the restaurant (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, casements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted 065 0-1 Campanile480 PURCHASE AND DEVELOPMENT AGREEMENT/Campanile Page 2 of 15 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 PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. INVESTIGATION OF THE PROPERTY. Purchaser shall have ninety (90) days from Effective Date ("Feasibility Period"), for PURCHASER, and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase 11 investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this contract and have reimbursed its Deposit. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Seller's Documents. SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within twenty (20) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. SELLER shall examine the Title Commitment and d h 7 r anite Page 3 of 15 PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURHCASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, casements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. ` I 1 11 , , �� , w W 8.2 Condition of P"ggy. PROPERTY is being purchased in as is condition. SELLER makes no warranty about the condition of the structure or any of the appurtenances on the Pro-nertv. PURCHASER, underst th t, 8.3 Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. LU IMOLUM M"1111 ORA Page 4 of 15 8.4 Compliance with Laws and RegWations. The Property shall be in compliance with all applicable federal state and local I X�l I le P V -00110-J 11(i�0J4,W1 Poll 114ano 110tolvoll ms MIXONDIF41 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instr=ents: 9.1 Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall fin-nish to PURCHASER an owner's affidavit attesting that to the best of its knowledge, no iidivi 9.3 Closing osin Statement. A closing statement setting forth the Purchase Price, , all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. oril 114 Ki!K4[M;1 10 [a) elm I p[.JoN I I tIllizilf" M I Wke IN 0.4" W M111 9.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other focuments required by this Agreement or reasonably necessary in order to close this transaction md effectuate the terms of this Agreement. 10.1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through l prior to Closing. Taxes shall be prorated based upon th* current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. tM19M- �Alk �11 iff Page 5 of 15 recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, 10.3 Closigg Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent designated by SELLER, the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 Existing Movaggs and Other Liens. At Closing, SELLER shall obtai ai or cause to be obtained, satisfaction or release of record of all appmortgages, liens and judgrn�nl licable to and encumbering the Property. 11.1 Seller's Remesentations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER. as of the Effective Date and as of fte On 11 T'! 11.2 Authodly. The execution and delivery of this Agreement by SELLER the consummation by SELLER of the transaction contemplated by this Agreement are wi SELLER'S capacity and all requisite action has been taken to make this Agreement valid binding on SELLER in accordance with its terms. The person executing this Agreement 'I behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and th- Agreement represents a valid and binding obligation of SELLER. 11.3 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 vf record which will be discharged at Closing). 12. DEFAULT. 12.1 PURCHASER'S Default. In the event that this transaction fails to clo due to a wrongftd refusal to close or default on the part of PURCHASER, subject to provisions of Paragraph 12.3 below, Seller shall have, at its option, the right to decl Purchaser in default under this Agreement by Notice delivered to Purchaser, in which ev Seller shall be entitled to retain deposit (which shall not constitute a penalty). PURCHASE shall also be responsible for the removal of any liens asserted against the Property by perso claiming by, through or under PURCHASER, but not otherwise. I 12.2 SELLER'S Default. In the event that SELLER shall fail t 'ly timely perform any of its obligations or covenants hereunder or if any of SELLER' representations are untrue or inaccurate, then, notwithstanding anything to the contrary contain in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under RUMMINS Page .M 15 Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and be entitled to a return of its deposit or seek specific performance. 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non -defaulting P Miv, 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 Lnay exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. Alt notices required in this Agreement must be in writing and shall considered delivered when received by certified mail, return receipt requested, or person III felivery to the following addresses. If to Seller: Boynton Beach Community Redevelopment Agency Executive Director, Vivian L. Brooks 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Tara Duhy, Esq. Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to Buyer: Salvatore Campanile 3725 Diane Drive Boynton Beach, FL 3343,1 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of th Agreement are hereby made binding on, and shall inure to the benefit of, the successors permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreem. without the prior written consent of PURCHASER, which shall not be unreasonably withheil PURCHASER may not assign this Agreement to any other party without the prior writt approval of SELLER. 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property and the Development Timelines set forth in [Irl.,;,.:..1. AN 9 Section 18.3 below shall be reasonably adjusted by mutual agreement of the parties accomw odate saTce.. 16. BROKER FEES. The PURCHASER hereby confirms that it has dealt with Prakas & Co. as broker in connection with the transaction contemplated by this Agreement and shall be responsible for paying Prakas & Co. a five percent (5%) commission on the purchase price at the closing of the Property. 17. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowled Purpo��___ of developing a full service restaurant. 18.1 SELLER DesigLa AMroval. The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND SALE AGREEMENT. PURCHASER shall submit plans to the SELLER for review. SELLER shall provide comments to PURCHASER at its next regularly scheduled Board meeting. 18.2 Economic Development Grant Incentives and Funding. The SELLER shall provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency Economic Development Grants if needed, to induce the enhancement and/or expansion of the restaurant: Commercial Fa4;ade Grant - Purchaser shall be reimbursed up to a maximum amount of $25,000 with a $25,000 match by Purchaser. Said funds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation. b. Commercial Construction Project Incentive Program — Purchaser shall be reimbursed the building permit fee of 2.3% if the project cost is less than t $250,000 in construction value (as stated on the construction permit application) and 3.3% if the construction value exceeds $250,000. Said funds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation. Maximum Reimbursement not to exceed $66,000. C. Interior Build -Out Grant - Purchaser to be reimbursed an amount up to S45,000, to be paid on a reimbursement basis within thirty (30) days of the Property receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction 00504*W-1 Lul Page8 of15 cost documentation. A $45,000 match is required by thi PURCHASER. d. $200,000 to be paid out in four installments tothe PURCHASE over construction of the project. Reimbursement process wi require PURCHASER to present SELLER with receipts cancelled checks to contractors. Reimbursement to PURCHAS 'E shall occur within fifteen (15) days of receipt of legible JE f eligible expenses. Eligible expenses are those that are f construction of the project only. Soft costs will not be reimburs I The final installment will not be reimbursed prior to Puurchas receiving its Certificate of Occupancy. SELLER hereby agrees that PURCHASER is not required to apply for and fill out all CRA program forms applicable to each Economic Development Grant program. However, all of the rules of the grant programs must be adhered to. If the CRA Economic Development Grant programs change from the time of this Agreement and the time that the Seller accesses the Economic Development Grant funding, the funding amounts shall remain as stated above. 18.3 Development Timeline. In order to ensure that the public purpose is being met, the following events must be documented in writing and provided to the SELLER upon completion of each. Time is calculated from the Effective Date. a. Submission of Major Site Plan documents to the City of Boynton Beach within Ninety (90) days of Effective Date (if applicable). b. Submission of Construction Permit Application to the City of Boynton Beach within sixty (60) days of the Major Site Plan approval date (if applicable). C. Commencement of construction within sixty (60) days of the Building Permit approval date. d. Certificate of Completion to be provided within Two Hundred Forty (240) days from the Commencement of Construction Date. 19. PROPERTY REVERTER CLAUSE. The deed of conveyance shall contain 9 reverter clause requiring the Property to be reconveyed to SELLER by it claim deed shoult PURCHASER default in not timely constructing the restaurant per Section 18.3 excepting� TIN V6 -d circumstances beyond the PURCHASERS control. In addition, PURCHASER shall execute reverter agreement in the form set forth on Exhibit i- ,1 Ire MR1-MW 7017=m—p—am—re Vlage 9 of 15 notificatiA n as to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same, then the Property shall automatically revert back to the SELLER, this Agreement shall *kUJ-261t161' under this Agreement. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence. 21. SELLER'S FIRST RIGHT OF REFUSAL TO PURCHASE PROPERTY. PURCHASER hereby grants SELLER a right of first refusal to purchase the Property in accordance with the terms below: b. Within fifteen (15) business days after receipt of the written notice, SELLER shall have the right tonotify PURCHASER that it is exercising its Right of First Refusal and will purchase the Property pursuant to a purchase agreement which incorporates the terms and conditions of the Offer. Notwithstanding the terms of the Offer, however, the purchase price of the ProjcMALs a-= a �hall be �cnfirm iraisal eable to both th: ELLER the PURCHASER. C. If SELLER fails to exercise its Right of First Reflisal within the time stated above, the Right of First Refusal shall have no more force and effect. of the Purchase Price as Ernest Money. If the sale is closed, the Ernest money shall be applied toward the Purchase Price. If SELLER decides not to purchase Property in violation of the Purchase Agreement, PURCHASER shall retain the Ernest Money and shall be free to retain or convey the property in his sole discretion. 22.1 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 I erein contained are for the purposes of identification only and shall not be considered io 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 *f any force or effect unless in writing executed by Parties. This Agreement sets forth the entire ?greement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written IT oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of OQ50440-1 S M-71,5771TE-1 RX -777, EINT-MMME177 EAT7C M—pan-,77 Page 10 of 15 M.MjM1WM=- I - - I T I 1 2 s 11p 22.2 Computation of Time. Any reference herein to time periods which not measured in Business Days and which are less than six (6) days, shall exclude Saturday] Sundays and legal holidays in the computation thereof. Any time period provided for in Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on next full Business Day. Time is of the essence in the performance of all obligations undeffr tj Agreement. Time periods commencing with the Effective Date shall not include the Effec Date in the calculation thereof. 22.3 Waiver. Neither the thilure of a party to insist upon a strict perfornmna� of ao, of the I ions covenants greements and conditions 1+f of any itern by a party with knowledge of a breach of this Agreement by the other party in performance of their respective obligations hereunder, shall be deemed a waiver of any rights remedies that a party may have or a waiver of any subsequent breach or default in any of su terms, provisions, covenants, agreements or conditions. This paragraph shall survive tenninati of this Agreement and the Closing. 11 22.4 Construction of Aggeement. The Parties to this Agreement, oug M. counsel, have participated freely in the negotiation and preparation hereof. Neither Agreement nor anN amendment hereto shall be more strictlki construed a I As used in this Agreement, or any amendment hereto, the masculine shall include the feminin the singular shall include the plural, and the plural shall include the singular, as the context m I require. Provisions of this Agreement that expressly provide that they survive the Closing sh not merge into the Deed. 22.5 Severability. If any provision of this Agreement or the applicati _r thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remaind of s Ageement nor the application of tdffihie sion to other Dersons. es r i 0 IM "M I OMMMIMMM. MOM 22.7 Waiver of JM Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or foroceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 22.8 AttornM 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, includin2 —01MMY-IM 1'rl"KI&TIVE�JP J�1�1 P! age 11 of 15 22.9 Binding Authodty. 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. 22.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 22.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and PURCHASER'S possession of the Property. 22.12 SELLER Aggrneys' 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. 22.13 Public Records. SELLER is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records th are exempt or confidential and exempt. All records stored electronically be provided to the SELLER in a fonnat that is compatible with the information technology systems of the SELLER. I e. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. '17M—m—pa—M F-CAMAXSF-7 Page 12 of 15 fiff ��" �-wm �a I IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLER VON GROUP, LLC. By: _ Print Name: Title: Date: Witnesses: BON BEACH COMMUNITY REDEVELOMENT AGENCY By: Print Name: Jerry Taylor Title: Chair Date: Witnesses: Exhibit Legal 4' 1 .Ili Lot 4 BlockORIGINAL according to the Plat thereof, recorded in Plat Book 1, Page 23, of ths Public Records # P, Beach 1 Florida 00504440-1 Campaaeasy Page 14 of 15 I—V IMIM I . ....... ... . 2015 bv and between the Boynton Beach Community Redevelopment Agency (the "SELLER") and Ocean Ridge Hospitality Group, LLC, having an address of (the "PURCHASER"). I on Exhibit "A" attached hereto (the "Property") pursuant to a Deed of even date herewith between the SELLER and PURCHASER. B. The PURCHASER has agreed to construct certain Improvements on the Property in accordance with the guidelines and criteria set forth on in the Purchase and Development Agreement. rel M M WN ; 7 M -97M wl r. fflow, as set forth in this Agreement, then the Property shall revert to the SELLER. the parties agree as follows: 1. PURCHASER agrees at its sole cost and expense to complete the construction of the Improvements in accordance with the terms of the Purchase and Development Agreement attached hereto by no later than September 1, 2016, (the "Completion Date"). 2. In the event the hnprovements are not completed by the Completion Date, the Property shall revert to and thereafter become fee simple real estate owned by the SELLER. Upon the request of the SELLER, the PURCHASER will provide a general warranty deed to the Property in form and substance acceptable to the SELLER evidencing the reconveyance of the Property. f�lace any additional liens or encumbrances on the Property except as consented to by the SELLER. In that regard, the SELLER agrees not to unreasonably withhold its consent to anj construction loan financed with a commercial bank or similar lender intended to fund the construction and development of the Iraprovements. In such an event, the SELLER will ent into a Subordination Agreement in form and satisfactory to such lender. Upon completion o. PURCHASE AND DEVELOPMENT AGREEMENT/Campanile Flage 15 of 15 the hnprovements satisfactory to the SELLER, the SELLER agrees to issue a letter acknowledging the release of the reverter rights described herein. This Agreement shall be binding upon the parties hereto and shall be binding upon and in -are to the benefit of their successors and assigns. 44 Me I 1 111111 1� illi�ill 1111�11 !III I 111111II111 Ocean Ridge Hospitality Group, LLC By:_ Print Name: Title: By: Jerry Taylor, Chair E.T.Inizutive Director c �rBOYNTO`CRA=BEAC ! BOARD •D _ • , 2016 i= �: I r pizzeria.SUBJECT: Consideration of Purchase and Development Agreements between Ocean Ridg�-, Hospitality Group, LLC and the CRA for 480 E. Ocean Avenue SUMMARY: In April 2015, the CRA Board selected Salvatore Campanile of Ocean Ridge Hospitality Group, LLC to purchase both CRA owned properties located at 480 and 211 E. Ocean Avenue. Mr. Campanile offered the CRA $325,000 for the 480 E. Ocean Avenue property, $10,000 below the appraised value. Mr. Campanile's concept for this property is for a casual wood burning Since the CRA Board selected Mr. Campanile, staff and CRA legal has been negotiating the terms of the Purchase and Development Agreement. The pertinent terms of the Agreement are as follows: 1. Purchase Price: $325,000 2. Deposit: $32,500- Due on June 22, 2015 (five days after Effective Date) 3. Closing Date: on or about September 30, 2015 4. Submission of Site Plan Approval: September 15, 2015 5. Completion of Project — February 10, 2016 6. CRA Economic Grants- Commercial Facade- $25,000, Commercial Construction Incentive— approximately $35,000, Interior Build -out — up to $45,000 7. Reverter Clause — In the event, the Purchaser falls to timely construct the improvements without both parties agreeing to a time extension, Property shall automatically revert to Seller. 8. Seller's First Right of Refusal — If Purchaser receives a bona fide offer to purchase the Property, Seller has the First Right of Refusal to purchase the Property. 9. Broker Fee — Seller shall be responsible for the 5% sales commission to be paid at the closing of the Property 10. Seller Design Approval — The CRA shall have first and last design approval for any and all changes to the site. IMPACT:FISCAL The CRA shall receive net total proceeds of $308,750 (less the broker commission Rf $16,250) from the sale - property at g.- fundsT y be used forfuture projects. CRA PLAN, PROGRAM OR PROJEC - : Downtown Vision and Master Plan, Ocean District Plan T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSIComplated Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board MeetingsWrne 201 MCampanile 480 revsd.docx I lot 11.1110 WLIKIL01WILIM911 Mml Vivian L. Brooks Executive Director TftAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetingkFY 2014 - 2015 Board MeefingsU une 201 5ACampanile 480 revsd.docx I an Maj 06 COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chaptu 163, Part III, of the Florida Statutes (hereinafter "SELLER") and OCEAN RIDGE HOSPITALITY GROUP, LLC (hereinafter "PURCHASER"). In consideration of the mutual covenants and agreements herein set forth, the Parti hereto agree as follows: i See Attached Exhibit "A". 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for Property shall be THREE HUNDRED TWENTY FIVE 00/100 ( $325,000). The parties agril that SELLER is conveying the Property to PURCHASER for the construction of a full servi restaurant serving alcoholic beverages and having •live entertainment. SELLER •has compli, with Section 163.380, Florida Statutes, in proceeding with the sale of the Property PURCHASER. 3. DEPOSIT. PURCHASER shall deposit ten percent (10%) of the purrchal price within five days of the Effective Date with the SELLER ; 'S escrow agent Lewis, Lon n and Walker, P.A. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall bi the date when the last one of the SELLER and PURCHASER has signed the Agreement. However, no party shall execute the Agreement any later than one week after the first executin,,2 party or the Agreement shall become null and void. 5. CLOSING. The purchase and sale transaction contemplated herein shall clos(-. within two weeks of SELLER's submission to the City of its Major Site Plan Modification or Construction Permit Application whichever is sooner for the restaurant (the "Closing"), unless extended er rovisions of this Aereement or bv written a 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey PURCHASER, by Warranty Deed complying with the requirements of the Title Commitin (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Propert I] free and clear of any and all liens, encumbrances, conditions, easements, assessment restrictions and other conditions except only the following (collectively, the "Permitt 00504432-1 Campanile 480 TGA �Y-k Page 3 of 3 deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional the Titlr-4re_VZi Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURHCASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Spn Ue Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/1 00th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. We =41MIMS rIM] 8.2 Condition of P=qfty. PROPERTY is being purchased in as is condition. SELLER makes no warranty about the condition of the structure or any of the appurtenances on the Property. PURCHASER understands that the Property is in need of major renovation in ordei to be utilized as a full-service restaurant 8.3 Pending PEggggdj� At Closing, there shall be no litigation administrative agency or other governmental proceeding of any kind whatsoever, pending threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. I 00504432-1 Flage 4 of 4 8.4 C2=liance with Laws and Regulations. The Property shall be in co7all ap licable federal state and local laws, ordinances rules regulations. codes. whance with P. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed. A Warranty Deed (the "Deed") conveying to 1URC14ASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall ftu-nish to PURCHASER an owner affidavit attesting that, to the best of its knowledge, no individual or entity has any claim again, the Property under the applicable construction lien law; and that there are no parties possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER non -foreign affidavit with respect to the Property. In the event SELLER is unable to deliver 11 affidavits referenced above, the same shall be deemed an uncured Title Objection. I 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title to the I croperty- of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other focuments rwuired byihisAgreement or reason yw�e_ md effectuate the terms of this Agreement. I 10.1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by ro,rorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's zssessment is not available, then taxes will be prorated on prior year's tax. A tax proration based *n an estimate shall, at request of either party, be readjusted upon receipt of tax bill. 10.2 Closing Costs. SELLER shall pay for documentary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight Page 5 of 5 packages, 10.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent designated by SELLER, the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 Existing Mortgages and Other Liens. At Closing, SELLER shall obtai or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgm applicable to and encumbering the Property. I 11.1 Seller's ReDresentations and Warranties. SELLER hereby represen'l covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, follows: 11.2 Authori1y. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of vali good, marketable and insurable fee simple title to the Property, free and clear of all lien encumbrances and restrictions of any kind, except the Permitted Exceptions (and encurnbranc of record which will be discharged at Closing). I 12. DEFAULT. 12.1 PURCHASER'S Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the [P)rovisions of Paragraph 12.3 below, Seller shall have, at its option, the right to declare Purchaser in default under this Agreement bv Notice delivered to Purchaser, in which event Seller shall be entitled to retain the deposit (which shall not constitute a penalty). PURCHASER shall also be fresponsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. 12.2 SELLER'S Default. In the event that SELLER shall fail to fully timely perform any of its obligations or covenants hereunder or if any of EL s ons are un tj"j" I di Q M M 00504432-1 M Page 6 of 6 T1178111111 Iff"i ff .1 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non -defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) dkmk from deliverrA of the notice ditiiitg failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non -defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the tcrininatil tf this Agreement. M 13. NOTICES. All notices required in this Agreement must be in writing and shall TT considered delivered when received by certified mail, return receipt requested, or person delivery to the following addresses: I If to Seller: Boynton Beach Community Redevelopment Agency Executive Director, Vivian L. Brooks 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Tara Duhy, Esq. Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to Buyer: Salvatore Campanile 3725 Diane Drive Boynton Beach, FL 33435 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, f materially altered by an act of God or other natural force beyond the control of SELLJE PURCHASER may elect, as its sole option, to terminate this Agreement and the parties sh have no ftuther obligations under this agreement, or PURCHASER may accept the Prop op r without any reduction in the value of the Property and the Development Timelines set forth Section 18.3 below shall be reasonably adjusted by mutual agreement 1f the parties M11MOTAORRYNI-4 �_# �#, Page 7 of 7 16. BROKER FEES. The PURC14ASER hereby confirms that it has dealt with Prakas & Co. as broker in connection with the transaction contemplated by this Agreement and shall be responsible for paying Prakas & Co. a five percent (5%) commission on the purchase price at the closing of the Pr#1- :: pe 8DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Pro ertW is bein,4 sold to PURC iAQFA�� of developing a full service restaurant serving alcoholic beverages and having live entertainment. 18.1 SELLER Design Approval. The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND SALE AGREEMENT. PURCHASER shall submit plans to the SELLER for review. SELLER shall provide comments to PURCHASER at its next regularly scheduled Board meeting. 18.2 Economic Develppment Grant Incentives and Ejmding. The SELLER shall provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency Economic Development Grants and funding if needed, to induce the enhancement and/or expansion of the restaurant: a. Commercial Fagade Grant - Purchaser shall be reimbursed up to a maximum amount of $25,000 with a $25,000 match by Purchaser. Said funds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation. b. Commercial Construction Project Incentive Program — Purchaser shall be reimbursed the building permit fee of 2.3% if the project is less than $250,000 in construction value (as stated on the construction permit application) and 3.3% if the construction value exceeds $250,000. Said funds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation. Maximum Building Permit fee Reimbursement not to exceed $66,000. C. Interior Build -Out Grant — Purchaser to be reimbursed an amount up to $45,000, to be paid on a reimbursement basis within thirty (30) days of the Property receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction 00504432-1 ........... cost documentation. A $45,000 match is required by the PURCHASER. SELLER hereby agrees that PURCHASER is not required to apply for and fill out all CRA fi)rogram. forms applicable to each Economic Development Grant program. However, all of the rules of the grant programs must be adhered to. If the CRA Economic Development Grant f 1r1gra1s change from the time of this Agreement and the time that the Seller accesses the Economic Development Grant funding, the funding amounts shall remain as stated above. 18.3 Development Timeline. In order to ensure that the public purpose is being met, the following events must be documented in writing and provided to the SELLER upon completion of each. Time is calculated from the Effwtive Date. a. Submission of Major Site Plan documents to the City of Bo t Beach within Ninety (90) days of Effective Date (if applicable). b. Submission of Construction Permit to the City of Boynton Be within One Hundred Twenty (120) days of Effective Date. C.. Commencement of construction within One Hundred Eighty (Is days of Effective Date. d. Certificate of Completion to be provided within Two Hun Forty (240) days of Effective Date. I 19. PROPERTY REVERTER CLAUSE. The deed of conveyance shall contain IP reverter clause requiring the Property to be reconveyed to SELLER by quit claim deed shoJ PURCHASER default in not timely constructing the restaurant per Section 18.3 excep 'A Section 15 whereby both parties may agree to extend the time to construct the restaurant due i circumstances beyond the PURCHASERS control. In addition, PURCHASER shall execute,. reverter agreement in the form set forth on Exhibit "B". 20. TERMINATION OF AGREEMENT. If the timeline outlined in Section 18.4 above is not strictly met, and PURCHASER has not provided SELLER with a written notification as to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same, then the Property shall automatically revert back to the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence. 21. SELLER'S FIRST RIGHT OF REFUSAL TO PURCHASE PROPERT PURCHASER hereby grants SELLER a right of first refusal to purchase the Property accordance with the terms below: I OD504432-1 U-21-70 TTETT i 7(73-mpamfe- Page 9 of 9 a. If at any time, 11 U RCHASEk receives either a bona fide written offer by a willing third party to purchase all or part of the Property which PURCHASER intends to accept, or a [o,urchase agreement which PURCHASER intends to enter into C'Offer"), PURCHASER shall give written notice to SELLER at the address provided below accompanied by a copy of such *ffer at least thirty (30) days before the date of contemplated sale. b. Within fifteen (15) business days after receipt of the written notice, SELLER shall have the right to notify PURCHASER that it is exercising its Right of First Refusal and will purchase the Property pursuant to a purchase agreement which incorporates the terms and conditions of the Offer. Notwithstanding the terms of the Offer, however, the purchase price of the Property shall be confirmed by an independent appraisal agreeable to both the SELLER and the PURCHASER. C. If SELLER fails to exercise its Right of First Refusal within the time stati above, the Right of First Refusal shall have no more force and effect. d. Within five (5) days after the effective date (the date of complete execution and delivery of a Purchase Agreement), SELLER shall deposit with PURCHAS ER ten percent (10%) of the Purchase Price as Ernest Money. If the sale is closed, the Emest money shall be applied toward the Purchase Price. If SELLER decides not to purchase Property in violation of the Purchase Agreement PURCHASER shall retain the Ernest Money and shall be free to retain or convey the property in his sole discretion. fflnnv�� 22.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 22.2 CoWutation 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 00504432-1 PURCHASE AND DEVELOPMENT AGREEMENT/Cainpanile Page 10 of 10 22.3 Waiver. Neither the failure of a party to insist upon a strict performanci of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptanoi of any item by a party with knowledge of a breach of this Agreement by the other party in thi f!ierformance 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 0 this Agreement and the Closing - 22.4 Construction of Agreement. The Parties tothis Agreement, throu counsel, have participated freely in the negotiation and preparation hereof Neither Aueement noLaWI amendment hereto shall be more strictIp construed wmwou Jimu As used in this Agreement, or any amendment hereto, the masculine shall includethe feminin il the singular shall include the plural, and the plural shall include the singular, as the context require. Provisions of this Agreement that expressly provide that they survive the Closing sTh not merge into the Deed. 22.5 Severabilfty. If any provision of this Agreement or the application thereof shal . for anv reason and to any e-yte,-f Lbe i-rvalid or urtow forceable- t'� 97;7. 7 t =wf- a I • L� . ]L!qJ=q.IwX%— 22.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement znd initialed by CRA and SELLER shall control all printed provisions in conflict therewith. 22.7 Waiver of LUEY Trial. As an inducement to PURCHASER agreeing to ent into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action v] proceeding brought by either party against the other party pertaining to any malterr whatsoe arising out of or in any way connected with this Agreement. 22.8 AttomM 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. 22.10 RecoLding. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 10360"NYIN W T Ov" U-V!UV A,74 wiWoumpm"n- Page 11 of 11 T4 MOO Noma, R OMAN] a RMPTOT-OOT I 1=4 22.12 SELLER Attomeys' 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. 22.13 Public Records. _.S_ELLER is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. e. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. N I I I fz&i X" OW 611 1102sawmpm- Page 12 of 12 =0 rfTi - �p �9 GROUP, LLC. By: _ Print Name: Title: Date: Witnesses: 0050052-1 l�illillill�iiii 111111plillipiIIIIIII 11111111111111111111111 11 1 -tr-j- By: _ Print Name: Jerry Taylor Title: Chair Date: Lot I and 2, Block 8, BOYNTON, according to the Plat thereo recorded in Plat Boo rag_ 23, PublicRecords of Palm Bea County, ! : ! . 00504432-1 CaWanfla 48D PURCHME AND DEVELOPMENT /C le Page 14 of 14 Iwo; 13 9kTj a 11,411 a !Xw zli 91005 1 WN i This REVERTER AGREEMENT is dated as of this . ................ day of Jill Iliplill 1111111 111 1 11 Jill! I ^ I IIIIIIIIIJ111 Mi mmwkaz"� A. The SELLER has conveyed to the PURCHASER that certain real estate described on Exhibit "A" attached hereto (the "Property") pursuant to a Deed of even date herewith between the SELLER and PURCHASER. B. The PURCHASER has agreed to construct certain Improvements on the Property in accordance with the guidelines and criteria set forth on in the Purchase and Development Agreement. as set forth in this Agreement, then the Property shall revert to the SELLER. NOW THEREFORE, in consideration of the transfer of the Property to the PURCHASER and other consideration. the receint and sufficienev of ylrVid� are ackTom+-.? ii the parties agree as follows: 1. PURCHASER agrees at its sole cost and expense to complete the construction of the Improvements in accordance with the terms of the Purchase and Development Agreement attached hereto by no later than February 10th, 2016 (the "Completion Date"). ;11111:1; 11 1 llplp��I!llp•l J E, t rel -Fit Yo MM=aiter decoine Yee simlle MY estate olm"7117 Upon the request of the SELLER, the PURCHASER will provide a general warranty deed to thLi Property in form and substance acceptable to the SELLER evidencing the reconveyance of the Property. place any additional liens or encumbrances on the Property except as consented to by the SELLER. In that regard, the SELLER agrees not to unreasonably withhold its consent to any construction loan financed with a commercial bank or similar lender intended to fund the construction and development of the Improvements. In such an event, the SELLER will enter 04504432-1 Lug Page 15 of 15 into a Subordination Agreement in form and satisfactory to such lender. Upon completion of the Improvements satisfactory to the SELLER, the SELLER agrees to issue a letter acknowledging the release of the reverter rights described herein. This Agreement shall be binding upon the parties hereto and shall be binding upon and inure to the benefit of their successors and assigns. This Agreement may only be modified or amended by a written agreement signed authorized representatives of the parties hereto. I 1 1 1 re RM 1 q EMMMO By............ Print Name: Title: lovu-nmum M-mWIT-UTMOTITY Redevelopment Agency By: IJeny Taylor, Ch E�,T-=Wve Dir• CRA * _ . I Consent Agenda IX I Old Business I I New Business I I Legal I I Information Only Other AGENDA ITEM: xl I i c. 1111111 1 1 11111 1112 111 1 ., SUMMARY: In September of 2014, the CRA Board approved the Boynton Woman's Club for $50,000 in funding as a match for a Florida Historic Special Category Grant. Their project was ranked number 29 in the State and thus not likely to receive funding. Therefore, the Club decided to apply for the Small Matching Grant. This grant still requires the same match of $50,000 and has the same timeline of funding and project completion (See Attached Letter from the Woman's Club). FISCAL IMPACT: None, the funding remains in the CRA budget. PROJECT:CRA PLAN, PROGRAM OR Downtown Vision and Master Plan and Federal Highway I lz�� Vivian r Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetingWY 2014 - 2015 Board Meetings\June 20151Woman's Club Grant.doex ZMTAN- sup Ms. Vivian Brooks, Executive Director Boynton Beach CRA 710 North Federal Highway Boynton Beach, Florida 33435 BOYNTON WOMAWS CLUB 1010 S. Federal Highway P.O. Box 1135 Boynton Beach, FL 33425 Phone: 561-369-2300 Fax: 561-369-8745 e-mail: bwcl9O9@bellsouth.net website: www.boyntonwomansclub.com V80 HOS 38 NOiNA09 AWN1 03AI3038 As we discussed, the status of the Special Category Grant submitted in October, 2014 is still uncertain. our grant was ranked 29 in the state to receive funds. To date, the state budget has not been approvea I - Me—dtlt-d�lif , _ - - - - - 5TRWIMiT fo 69—suomittea Dy-Riay 31. The grant provides a matching share equal to the grant award which is $50,000. The $100,000 would enable WII urgent concern. If approved, the Small Matching Grant recipients would be ranked in August and the budget should be signed in May -June 2016. Grant monies would be available July 1, 2016 and work is to be completed by July 1, 2017, the same completion date as the Special Category Grant specifies. If we should receive the Special Category Grant, the Small Matching Grant would be withdrawn. F9 �!M ",A N BOYNTo�'I; =BEACH 11 C RA R BOARD 9,2015 ---------- Consent Agendad Business New Business Legaliii m, oi Only Other S ECT: Consideration of Updating Temporary Parking Agreement with Bride of Christ Tabernacle Church for the Use of CRA Lots for Parking SUMMARY: On June 10, 2014, the CRA Board approved the request from the Bride of Christ Tabernacle Church for the temporary use of two CRA owned lots for church service parking during the construction of their new church facility (see Attachment 1). The two CRA lots are located on NE 11th Avenue and NE I& Avenue and are adjacent to the church located at 202 NE 11a' Avenue (see map Attachment Ii). The CRA lots will be used for church service parking on Tuesday & Thursday 7:30pm — 9:30pm and Sundays 8:00am — 10:00am & 7:30pm — 9:30pm as outlined in updated Temporary Parking Agreement (Attachment III). The church has agreed to maintain the lots and provide proper liability insurance (see Attachment IV) for the duration of their use of the lots. Originally, the agreement was to begin July 15, 2014 and continue until the completion of the project, approximately January 2015. There was a significant delay in the church receiving funding. Now that the financial matters have been resolved, a building permit was issued for the project on 4/16115 (see Attachment V). The Bride of Christ Church is requesting that the term of the Temporary Parking Agreement be effective from May 1, 2015 to the completion of the project, approximately December 2015. FISCAL : NIA 1 1 ' ! 1- .4, :e .I . �. .., .. � t7 �" 4 12� Michael Simon Assistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetingTY 2014 - 2015 Board MeetingsWune 20151Bride of Chdst.docx O: MICHAEL SIMON, ASSISTANTDIRECTOR,O BOYNTON BEACH, FLORIDA i 1 • Boynton 1, , E SIGNED AGREEMENT FOR TEMP USE OF AGENCY LOTS FOR PARKIVG Dear As you requested I am forwarding the signed agreement with an explanation of why we were unable to proceed with the Agreement attached according to the dates Indicated. loanapproved I constructionii thenew churchbuilding November Id !1 defaulted at the closing table after the church paid In $9,900 for expenses to proceed with the closing. The matter was still not addressed as late as March 2015 so the church applied to a local bank First United Bank, aIs now• l. bank expeditedtheloan as all the• " umentshad been in r -dace and u WPPR�&L for a closing In November so all up to date documents were ready to close when presented to Valley National Bank. The church pulled the final permit (see attached) after receiving approval from this bank and we are pleased to attach the final permit allowing us to begin construction. ,Prescribed in the policy Atheclient. Today !another! were immed lately able to secure the endorsement as prescribed with coverage to begin this date, May 6, 2015. See Attached. The church is requesting that the endorsement be amended with the date to begin as of May 6, 2015 and will terminate upon the earlier November 31, 2015 or the completion of construction as evidenced bya Certificateof Grateful for your kind assistance in helping this church build their beautiful new facility, ThankVoul P V. Marle Verna, Proj. Mgr., A Z02 NE IbeachPhAv*Exuy�Mrij69 Attachment I Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida June 10, 2014 G. Consideration of Approval for The Bride of Christ Tabernacle Church's Request for Temporary Use of CRA Lots for Parking Motion Mr. McCray moved to approve. Mr. Marker seconded the motion Vice Chair Casello asked if the CRA has its own insurance. Mr. Simon explained the CRA has its own General Liability on the lot and had requested the Church name the CRA as additionally insured. The Contractor can be asked to do so as well. Mr. Hay asked what the difference was between allowing this for the Church and not Clifford Bell, on 10th Avenue. Mr. Simon explained one was a temporary request for a non-commercial use and the other was for a convenience store that had a lot. This is a goodwill gesture to a neighbor. Mr. Hay favored the request. Mr. Fitzpatrick asked if the lot was sugar sand. Mr. Simon had not Inspected the soil, but stated the CRA would not be responsible for anything that may occur such as developing ruts. Staff could monitor the lot and if needed, would work with the Church to ensure there was suitable parking. JjTM mm�-:@ The site was easy to navigate. Much of the traffic to the Site would be for event listing grants and the Boarb ynton Hor Marina. There Is a drop down specifically for what w , 1, available at the Marina including fuel and the price of fuel, activities and waterfro dining. The site was designed in a way to alert individuals that Boynton Beach w open for business and encourages business. Connect was about theOut arti, W I I I LIT -44 !4 D1 D10 1 NO wall) "Ay D10 W01 A.11 klya ILI DKII write] picMd FLU IR"I 43111 ta This Agreement for the Temporary Use of Boynton Beach Community Redevelopment Agency Lots for Parking (hereinafter, "Agreement") is made by and between the Bride of Christ Tabernacle Church located at 202 N.E. 1 lth Avenue, Boynton Beach, Florida 33435 (hereinafter, the "Church") and the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Florida Statutes, located at 7 10 N. Federal Highway, Boynton Beach, Florida 33425 (hereinafter, the "CRA") (collectively the'Tarties"). MMM -0 8RqVK%j Oil 10i Is Ir -l" 114 Kylw- pain ITIRVITIM511 - WHEREAS, the Church has agreed to provide liability insurance and indemnify the CRA for the use of the Parcels; 7418"AMME Po [;gg) ton 1014mg Iii MM MARS an, M-0721MOIRFIg U."Wasi"'I ITo 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Term of the Agreement. This Agreement will become effective June 15, 2015, so long as the last party has signed this Agreement on or prior to that date. This Agreement will automatically terminate upon the earlier of December 31, 2015 or the completion of construction as evidenced by a Certificate of Occupancy issued by the City of Boynton Beach. As used in this Agreement, "Tenn of the Agreement" refers to the period of time between June 15, 2015 and the termination or expiration of the Agreement. 3) Use of Parcels; Days and Times. The Church will be allowed to use the Parcels as parking facilities during the following times during the Term of the Agreement: Tuesdays: 7:30 p.m. through 9:30 p.m. Thursdays: 7:30 p.m. through 930 p.m. Sundays: 8:00 a.m. though 10:00 a.m.; 7:30 p.m. through 9:30 p.m. 4) Extension of the Term of the Agreement. The Term of the Agreement may be extendgi only by a written agreement signed by both Parties. 5) Maintenance of Parcels. The Church will maintain the Parcels during the Term of the Agreement, and specifically agrees to keep the Parcels free from trash and refuse. The Church will leave the Parcels in a condition equal to or better than that prior to the Term of the Agreement. The CRA will not be responsible for any personal property left on • at any time. 6) Insurance. The Church will obtain all insurance required by the CRA and provide proof thereof at least 5 days prior to July 15, 2014. The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Church's use of the Parcels as a parking facility or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of the Church's use of the Parcels as a parking facility or acts or omission of the Church in connection with the Church's use of the Parcels as a parking facility pursuant to this Agreement. The Certificate must include the following additional insured language: rpenw�ygiw-vy, 710 N. Federal Highway Boynton Beach, Florida 33425 7) Indemniflication. The Church will indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the Church's use of the Parcels as a parking facility. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the Church to indemnify the CRA for its own negligence or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 8) Waiver. The CRA will not be responsible for any property damages or personal injury sustained by the Church or its attendees from any cause whatsoever related to the Church's use of the Parcels as a parking facility, whether such damage or injury occurs before, during, or after the event. The Church hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Church or its attendees. This waiver, discharge, and release specifically includes negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. 9) No Transfer. The Church will not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity. 10) No Discrimination. The Church shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital statues, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement or the Church's use of the Parcels as a parking facility. 13MYR Owl 12) Health and Safety. The Church will take the proper safety and health precautions to protect Church attendees that use the Parcels as a parking facility, the CRA, the Church and the Church's personnel, the public, the property and products of others, and will be responsible for all damage to persons and/or property that occur as a result of the Church's negligence or misconduct. The Church will exercise its own judgment in matters of safety for itself and the Church's attendees that use the Parcels as a parking facility. 13) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14) Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 15) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity fbun� to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 16) Governing Law, Jurisdiction, and Venue. The terms and proons of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 17) Independent Advice. 'The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal docutnent, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 00353714-1 18) Severability. If any part ofthis Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the Parties. 19) PubHc Records. The CRA is a public agency subject to Chapter 119, Florida Sta tes. Th Church shall comply with Florida's Public Records Law. Specifically, the Church�shall: a. Keep and maintain public records that ordinarily and necessarily would required by the CRA in order to use or allow another entity to use the Parcels as parking facility as referenced herein; I b. Provide the public with access to such public records on the same terms an U1 conditions that the CRA would provide the records and at a cost that does ni exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided law; c. Ensure that public records that are exempt or that are confidential and exempt from public -record requirements are not disclosed except as authorized by law; and L Meet all requirements for retaining public records and transfer to the CRA, at cost, all public records in possession of the Church upon termination of Agreement and destroy any duplicate public records that are exempt confidential and exempt. All records stored electronically must be provided to CRA in a forinat that is compatible with the information technology systems the CRA- I The Church also understands that CRA may disclose any document in connection with the Church or the Church's use of the Parcels as a parking facility pursuant to this Agreement, so long as the document is not exempt or confidential and exempt from f!,ublic records requirements. I JORF-0-MI I LON"OOMIRD11 milli Oki I 1lv� 00353714-1 1 111, 11,413111 I:ii 11 � I q� '�� 1 111 I'll I I I i i 1� 1111111 1 By: Date: Print: Authorized Representative for Bride of Christ Tabernacle Church Phone Number: Email Address: By: Date: Print: Authorized Representative for Boynton Beach Community Redevelopment Agency By: _ Print: Agency Counsel 00353714.1 i it'll: Mi 'i.. Id11A i INSURED ,,e of Christ r 202 ln MR u , k . . I� t n. CLAIAS-MDE OCCUR r MED EKE GEWL AGGREGATE UWAPPLIES PEW, GENERAL AGGREGATE t t MR Loc t OTHER t C AU LIAMLITY ANY AUTO r ALL OVYNED LE SCHWU 0 t tAUTOS WN -0 E � t t t t r t 4 r r r r t r r r t r r r r s t i J , Attachment V r It y° PIN 1728393 919464 BRIDE F CHRIST 202 NE IITH AVE BOYNTON BEACH FL 3343 CONSTRUCT NEW CHURCH -- U1 .01. -.-.,. r1aI! F ....._.!._..___-___._ ................... 11A _.m .._,. ....m m A Schedule of Fee PAID 2,932.50 1/29113 BY82VEB 115 1300000266 SIM EEKS & ANDREWS ADD LT 10 BL HRW INC GENERAL CONTRACTORS 5550 PORTO FINO DRIVE BOCA RATONFL 33433 561 -203 CGC04 227 WC00363924 680,000 r"6 F C AL BUILDING, EW ..S_u.PE'RNIT FEE IST..REFUNDABLE ., [TATE- 1129/13 RECEIPT- 0130615 OTHER FEES: TYPE- PERMIT APPL. EXT. -IST 50.00 January 29, 2013 11:29:11 AM by TYPE- DBPR BLDG CODE ADM & INS t DEPT C014HUN AFFAIRS SURC 234.60 June 18, 2013 11:21:51 AN byb2c TYPE- FIRE AND LIFE SAFETY FEE 302 .40 *** PLANS RETURNED TO OWNER'S, RE T Y P E - FIRE PENALTY 50 .00 BOTH SETS OF RE -SUBMITTED PLANS TYPE -TYPE- TYPE- PSC PUBLIC BUILDINGS FEE 105.99 RE -SUBMIT CG PLANNING & ZONING REVIEW 44.85 February 20, 2014 8:25:08 AM by TYPE- PERMIT REINSTATEMENT s dl TYPE- RESUBMITTAL 50.00 tki TYPE- 3,673.46 .S 4:05:04 PM TYPE- PUBLIC ART 30Z FEE 2,040.00 PERMIT APPLICTION EXTENDED UNTIL TYPE- PLAN CHECK FEES 00 June 3, 2014 6:43:20 AM bybZcsm t xt £ Any char$& in building plans or specRications must be recorded w1h this alike. Any wark not covered above. must have a vaid of ft pennit, the owner and buEider agree to erect Wig structure tn fua compriance with ft Widing and Zoning Godez of ft C 1�,.�-TW!s permit s is riot I I %� I § I Ps �N f BOYNTON MEACHR �4 Irr CRA BOARD MEETING OF: June r, 2015 I Consent Agenda I I Old Business IX I New Business I I Legal I I Information Only Other AGENDA ITEM: XIV A. SUBJECT: Consideration of Allowing Hurricane Alley to Use CRA Property at 222 N. Federal Highway on a Temporary Basis for a Food Truck SUMMARY: in January of 2015, the City revised its food truck ordinance to encourage more food truck vendors in the City. Kim Kelly of Hurricane Alley has purchased a food truck and is interested in parking it daily on CRA owned property at 222 N. Federal Highway (the SE corner of Boynton Beach Blvd. and Federal Highway). City ordinances would allow the truck to be parked on the site daily but it must be removed at night. If approved, Ms. Kelly would be responsible for trash removal and supplying the CRA with mandated liability insurance. Ms. Kelly has offered to pay the CRA to use the property. However, if the CRA accepts rent for the site, it will become subject to ad valorem taxes. In the past when the CRA rented the site for $600 a month to the developer of Casa Costa for a sales trailer the value of the property shot up to over $1M. Therefore, if the Board decides to allow Ms. Kelly to use the site, staff recommends they do so at no rent to avoid the property becoming taxable. Also, staff recommends if the Board decides to go ahead, to do so on a trial basis of three months to see if the situation works for both parties. IMPACT:FISCAL To be determined. RECOMMENDATIONS/OPTIONS: Provide direction to staff. BrooksVivian L. Executive Director T;IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board MeeiingsUune 20151Hurricane Alley Food Truck.docx City Applirations and CoesdAccened CITY OF BOYNTON BEACH Via WeWte PLANNING & ZONING DIVISION 100 East Boynton Beach Boulevard 10 Boynton Beach, FL 33435 07-13-2010 Phone: (561) 742-6260 E 1. GENERAL INFORMATION: This application must be filled out completely, accurately, and submitted as an original to the Planning and Zoning Division; an incomplete application will not be processed. Print legibr, or -Wye all information. In addition lo vrVLA heA)hgi$� 4e 4 W.VK11qW rr 'x i urt-111W m 7, the submittal, and pay the applicable fee as adopted by the City Conmission. This process is further described in Chapter 2, Article IT, Section 6.0 of the Land Development Regulations. P A. APPLICANT INFORMATION: �(-Ac-K M 9104CT &L-7-11�-000 / 27AJC ActName:AA. Phone:Email: q 0 6erMC er/ majla-1 6��q C. SITE AND PROJECT INFORMATION: 149-9j�0— W� 1. Location (check all which apply): Public Property*: 171 Private Property., 7 * Public property includes sidewalks and fight -of -ways. The name and addr- r r butting propeirty owner(s) should be listed in addition to the primary site ff Public property is included in this site request. Name: U-4 or ��4ev Address: M W Zip Code: 2. Zoning District (from Official Zoning Map): E ft is the obligadon of the property ownerlmanagement company to coordinate MVU actfvity with their tenants. Please indicate your understanding of this statement by initialing here�-"A`—CL 4. Will there be entertainment, as described in Part III (LDR), Chapter 3 Article V, Section 10, LAA? 11). MOBILE VENDING UNIT INFORMATION: **Each Mobile Vending Unit must be registered and inspected by the City of Boynton Beach prior to participating in events on this site. ** 2 ttswml) A/av M Type of Mobile Vending Unit (MVU)*: Class A Class B V * Please indicate type and number of each class of MW. jNQS -kM4&Ae C I etsyoler 0--) Z), i -A I I 341,P- OeA6 1�� CERTIFICATION: (1) (We) understand that this application and all papers and plans submitted herewith become part of the permanent records of the Planning and Zoning Division- (1) (We) hereby certify that the above statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Property Owner or Owner's Agent, if property is owned/managed by corporation or other business entity- �/im- --S�ie of a6pheant. 0 M,R —IRg W D,IA-t-L-b- .1 5d ('m99 SM A/M i I vl Jig; lilt, L o iMj■w ig C gif fig [fig gilli MCMg s ##I� gypg R � v > ego 4 JR `4 +9 9F w 6 0 ® .1 5d ('m99 SM A/M i I vl Jig; lilt, L o iMj■w ig C gif fig [fig gilli MCMg s ##I� gypg R � v > ego 4 JR .1 5d ('m99 SM A/M i a S& W i - - - V !4 2 %1 SIM' �P 3K" '&301- h�tmtFi IFH lV�S3E333 — 5 'ON avow 3lvls IN Jig; lilt, o iMj■w ig C gif fig [fig gilli MCMg s ##I� gypg R � v > ggg�g� �1 C a S& W i - - - V !4 2 %1 SIM' �P 3K" '&301- h�tmtFi IFH lV�S3E333 — 5 'ON avow 3lvls z w 9 > �F 4 JR w 0 a S& W i - - - V !4 2 %1 SIM' �P 3K" '&301- h�tmtFi IFH lV�S3E333 — 5 'ON avow 3lvls mm ME =1 CA 2 -alp r� BOYN =BE RA CRA BOARD MEETING OF: June 9, 2015 I Consent [da I I Old Business I X I New Business InformationOnly lith` Consideration of Letter of Intent from Housing Trust Group for the Ocean Breeze East Site in the Amount of $2.0 Million SUMMARY: At the May 12, 2015 CRA Board meeting the Board directed staff to begin marketing the CRA owned 4.4 acre parcel known as Ocean Breeze East. The appraised value of the site is $1 5 million (minutes attached). The CRA received a letter of intent from Housing Trust Group on May 19, 2015 (see attached letter). Staff met with a representative of Housing Trust on May 27th to discuss potential terms for the Board's consideration. The terms being offered by Housing Trust are: 1. Purchase Price - $2.0 million with $1.4 million to be paid at closing of the Limited Partnership Agreement. The balance of $600,000 to be a second mortgage held by the CRA in the form of a 15 year cash flow mortgage. . Housing Trust to submit for Florida Housing Finance Corporation Tax Credits which are due October or November of 2015. 3. Inspection Period: starting at execution of an agreement and ending at 1) five business days after receipt of invitation to credit underwriting from Florida Housing Finance Corporation or 2) September 30, 2016. 4. Closing: At the latest, per requested terms, December 30, 2016. 5. Closing Extensions: Housing Trust desires to have, at its sole option, three (3) thirty day extensions of the Closing Date. For each extension, Housing Trust will pay $15,000, non- refundable, credited towards the purchase price. 6. Zoning and Site Plan Approval: Housing Trust will cooperate with the CRA with any and all applications required by the City to obtain rezoning and land use changes necessary to build the project consistent with the Heart of Boynton plan. 7. Time of Offer: Offer expires June 30, 2015 at 5:00 pm 8. The Developer desires to contract the property until December 2017 to allow two changes to apply for tax credits. If the Board desires to enter into an agreement with Housing Trust, staff recommends the following terms for the Board's and the public's protection: 1. Allow a contract term until October 31, 2016 allowing only one application to Florida Housing Finance. If Housing Trust is unsuccessful at obtaining 9% tax credits in 2015 it shall be at the CRA's sole discretion to enter into another term with Housing Trust for the next round in 2016. . If the Board desires to enter into an agreement with Housing Trust in 2016, the purchase price shall be at the appraised value at the time of the agreement. T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSIComplated Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Me@4ngsWune 20151Housing Trust LOI.doex 3. Purchase Price in 2015: $2.0 million with $1,530,000 (appraised value) due at closing and a $470,000 mortgage held by the CRA which shall be due upon refinance or sale of the property. 4. Allow only one 30 day closing extension that is mutually agreed upon by both parties. 5. Approval of project design prior to submission to the City for approvals. 6. No other financial assistance from the CRA will be requested. 7. Public improvements such as streetscapes will be financially covered by the developer. 8. Backup contracts shall be permitted by the Purchaser. FISCAL IMPACT: To be determined by Board action and whether or not the project is awarded 3% Housing Tax Credits. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan Update RECOMMENDATIONS/OPTIONS: Provide direction to staff as to how the Board wants to proceed. Vivian L. Brooks Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeelJnglFY 2014 - 2015 Board Meetings\June 20151Housing Trust LOI.docx Meeting Minutes CRA Board Boynton Beach, Florida May 12, 2015 Merker thought it was a good investment. By improving the area, it shows the community the City cares. He hoped it was the beginning of purchasing more property for very little money. Trevor Tarble, 1208 NW Vt Street, explained they have been cleaning the garbage and litter on the property for years. He has called the School District often to have it mowed and he asserted it was a nuisance property with lots of nighttime activity and, more recently, there was a shooting in front of the apartments by the school. He thought it was a mistake to make it a road and did not see how it would alleviate stacking. Mr. Tarble explained most parents park at the Sims Center. He went to the CRA and asked them to install a sidewalk, and they did to avoid crossing the roads which helped a little. It is already a problem and cars race up and down the street all the time. Mr. Merker pointed out the City was improving the property and Ms. LaVerriere commented there would be street lights. Mr. Tarble opined the road will be used for 2 shoitcut. Mr. McCray differed and explained it will be an enhancement. Mr. Tarble explained the parent -drop off turns right. Ms. LaVerriere explained the School District wants to reroute the parent traffic, They would go through a different gate and remove access on 11 th. The road was a connector to the facilities behind the school. 3= U."117,14117OM! 11. 11,111 042!'! 111! 1 J � =_ j= Ms. Brooks explained the appraisal came in $1,530,000 and she wanted to advertise it on Loop Net, a property listing site where it will receive greater exposure. Ms. Brooks went on the site and could not find any property this size for a multi -family project in Palm Beach County. Mr. Merker inquired if the property could be listed on Loop Net and the GRA issue an RFP and ' learned they could reference the property and the RFP process on Loop Net. Ms. Brooks counseled the RFP process was longer. By law, the CRA could only dispose of property via the RFP process or by a Notice of Intent to Dispose of Real Property. Ms. Brooks explained they issued many RFPs but they have yet to obtain a development from it. She explained that process was not working for developers. Developers want to come and talk to see what is wanted and what kind of deal can be made. Staff would then bring all of the pertinent information back to the Board. INN, it irg RM9411 i'MANIIIIIIII16EM A I Meeting Minutes CRA .. • Boynton'Beach, Florida May 12, 201 acre. She also pointed out the actual market does not have a lot of sites this size on urban corridors which made the site more valuable. Vice Chair Casello likened it to supply and demand, however, cheaper did not always mean better- Mr. - - Mr. Merker moved to follow Ms. Brook's recommendation. Mr.. Hay seconded the motion. Mr. McCray commented he expects staff to move expeditiously. Too much time has been wasted. The motion unanimously passed. A. Consideration of Letter of Interest from Neighborhood Renaissance for Two CRA Owned Single -Family Lots on the Model Block Ms. Brooks explained she received letter of interest to purchase two lots the CRA owns on the Model Block from Neighborhood Renaissance. This organization had received two grants for public improvements within the Model Block Project. They want to put two houses there per the design the City has. The fee was for $10 and the City was selling lots for $10. The house costs more than they would sell for and Neighborhood Renaissance will obtain a subsidy. The Board just approved two lots to the Boynton Beach Faith Based Community Development Corporation for the same amount. ►qj•_ • Mr. Hay • moved, Mr. Merker seconded the motion to proceed • sell the property for $10 each to Neighborhood Renaissance. Ms. Brooks explained they will have to wait for the 30 -day notice on one of the properties.to expire and they will bring back a purchase and development agreement. Attorney Duhy suggested the motion would be to approve and enter into negotiation for the sale of the properties to Neighborhood Renaissance to come back to the Board and both Messrs. Hay and Merker agreed with the amendment. Mr. Fitzpatrick had a problem with taxing people that subsidize ' single family homes. He thought s. 'ingle-family homes were a luxury in South Florida and a better use would be townhouses. he could not supportrequest.-'I received confirmation they were assembling land for the Model Block Program. He thought itewould be wiser to wait until they acquired more parcels and then make an informed decision instead of developing it one piece at a time. Mr. Merker would like to see it developed as did Mr. Buchanan. Mr. Fitzpatrick agreed with the Vice Chair and VA Housing Trust Group 3225 Aviation Avenue, Suite 602 Coconut Grove, Florida 33133 ZM%Wpwp *�.�KTrtw Ms. Vivian Brooks, Executive Director fcK&My 710 N. Federal Highway Boynton Beach FL 33435 Subject: Ocean Breeze East Site / 4.39 Vacant Acres 700 N Seacrest Boulevard / Boynton Beach This letter of intent shall outline the general terms and conditions pursuant to which Housing Trust Group, LLC, a Florida limited liability company or its assignee ("HTG") would be interested in entering into an Agreement for Purchase and Sale (the "Agr6ement") upon the terms and conditions generally described below. Upon agreement of the terms and conditions generally outlined below, HTG will immediately prepare the Agreement for review and execution. 1. THE PROPERTY: 4.39 acres of vacant land owned by the Boynton Beach Community Redevelopment Agency ("BBCRA"). 2. PURCHASE PRICE: $2,000,000 HTG herein offers to pay the BBCRA $2,000,000 for the above subject property. We propose to pay the BBCRA $1,400,000 at closing of the Limited Partnership Agreement. The balance or $600,000 will paid over a 15 year period from available cash flow of the proR erty. The cash flow mortgage will be subordinate to the first mortgage. 3. FINANCING PLAN: BBCRA acknowledges that HTG is an experienced tax credit developer in the State of Florida who intends to submit an application for allocation of competitive Low-income Housing Tax Credits ("Tax Credits") from the Florida Housing Finance Corporation 4. INSPECTION PERIOD: HTG shall have an Inspection Period commencing upon execution of the Agreement and ending the earlier of: a) five (5) business days after receipt of invitation to credit underwriting from FHFC for Tax Credits; or b) September 30, 2016. HTG shall be allowed to perform on-site investigations L both during and after the Page] of Inspection Period, so long as the Agreement remains in effect. 5. CLOSING., Four Months (4) months after the expiration of the Inspection Period. 6. 'CLOSING EXTENSIONS: HTG shall, at its sole option, be entitled to three (3) thirty (30) day extensions of the Closing Date (each a "Closing Date Extension"). For each Closing Date Extension, HTG shall pay the sum of $15,000, non-refundable, credited towards the Purchase Price. 7ZONING AND SITE PLAN APPROVAL: HTG will cooperate with the BBCRA in making and processing any applications and forms required by the City of Boynton Beach or other authorities having jurisdiction over the Property to obtain rezoning and approval of a site plan in a manner that will allow the project to be constructed and operated. HTG will be responsible for all costs associated with the rezoning and site plan approval. The BBCRA shall reimburse HTG for documented rezoning and site plan approval expenses excepting those relating to overhead and legal expenses of HTG. 8. NATURE OF THIS LE77ER OF INTENT: This Letter of Intent is a non-binding expression of interest. It is understood and agreed that neither party shall be legally bound to the other, unless and until, the terms and conditions relating to this transaction are negotiated and incorporated into the Agreement, as signed by both parties. 9. REVOCATION OF OFFER: The offer contained herein shall be deemed to be null and void unless an executed copy of it is returned (via email, fax, or original) to HousingTrust Group on or before 5:1OPM, June 30, 2015. If you have any questions on this matter, please contact Allan Schnier at (561) 289-4096. AGREED TO AND ACCEPTED this day of .2015. K I Name: Jerry Taylor Title- Chair Page 2 of 2 Meeting Minutes CRA Board Boynton each, Florida May 12, 2016 Merker thought it was a good investment. By improving the area, it shows the community the City cares. He hoped it was the beginning of purchasing more property for very little money. Trevor Tarble, 1208 NW 1"t Street, explained they have been cleaning the garbage and litter -on the property for years. He has called the School District often to have ii mowed and he asserted it was a nuisance property with lots of nighttime activity and, more recently, there was a shooting in front of the apartments by the school. He thought it was a mistake to make it a road and did not see how it would alleviate stacking. , Mr. Tarble explained most parents park at the Sims Center. He went to the CRA and asked them to install a sidewalk, and they did to avoid crossing the roads which helped a little. It is already a problem and cars race up and down the street all the time. Mr. Merker pointed out the City was improving the property and Ms. LaVerriere commented there would be street lights. Mr. Tarble opined the road will be used for a shortcut. Mr. McC(ay differed and explained it will be an enhancement. Mr. Tarble explained the parent -drop off turns right. Ms. LaVerriere explained the School District wants to reroute the parent traffic. They would go through a different gate and remove access on 11 th, The road -Was a connector to the facilities behind the school. Ms. Brooks explained the appraisal came in $1,530,000 and she wanted to advertise it on Loop Net, a property listing site where it will receive greater exposure. Ms. Brooks went on the site and could not find any property this size for a multi-farrifly project in Palm Beach County. iota to *I Mr. Hay commented in April 2014, the property was appraised for about $235,000 and was now at $1.53 million. He asked why it increased. Ms. Brooks explained the Heart of Boynton Plan supported a greater density and the multi -family market was very strong. The density increased from 10.8 dwelling units per acre (dus) to 40 dus per 1.1 Meeting Minutes CRA Board Boyntori,Beach, Florida May 12, 2016 acre. She also pointed out the actual market does not have a lot of sites this size on urban corridors which made the site more valuable. Vice Chair Casello likened it to supply and demand, however, cheaper did not alwaym. mean better. Mr. Merker moved to follow Ms. Brook's recommendation. Mr. Hay seconded thz Motio.T. Mr. McGray commented he expects staff to move expeditiously. Too much time has been wasted. The motion unanimously passed. XIV. New Business A. Consideration of Letter of Interest from Neighborhood Renaissance for Tw-i CRA Owned Single -Family Lots on the Model Block Mr. Hay so moved. Mr. Merker seconded the motion to proceed and sell the property for $10 each to Neighborhood Renaissance. Ms. Brooks explained they wifi nave to wait for the 30 -day notice on one of the properties.to expire and they will bring back a purchase and development agreement. Attorney Duhy suggested the motion would be to approve and enter into negotiation for the sale of the properties to Neighborhood Renaissance to come back to the Board and both Messrs. Hay and Merker agreed with the amendment. 19 A CRA BOARD MEETING OF: June 9,2015 I Consent Agenda I I Old Business I I New Business I I Legal Information Only I X I Other SUMNURY: The CRA district welcomes two new businesses to the area. Staff will reach out to the fiew businesses and introduce the grant incentive programs and marketing efforts. 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