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Agenda 07-14-15Alk CRA Board Meeting Tuesday, July 14, 2015 @ 6:30 pm City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 AGENDA L Call to Order II. Invocation and Pledge to the Flag III. Roll Call IV. Legal: None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: A. Project Seahorse VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, June 9, 2015 B. Approval of Period Ended June 30, 2015 Financial Report C. Monthly Purchase Orders D. Approval of Commercial Facade Grant to Don Che Bistro, LLC — Casa Costa, 400 N. Federal Highway, Unit 47 IX. Pulled Consent Agenda Items: X. Information Only: A. Public Comment Log B. Marketing and Business Development Campaign XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Public Hearing: None XIII. Old Business: A. Discussion on the Status of Purchase and Development Agreement between the CRA and Gardner Capital Development B. Discussion of the Status of Purchase and Development Agreements between Ocean Ridge Hospitality Group and the CRA for the Properties Located at 211 & 480 E. Ocean Avenue C. Consideration of the Renewal of the Exclusive Listing Agreements with the Brokerage Firm of Prakas & Co. for CRA Owned Properties Located at 211 and 480 E. Ocean Avenue. XIV. New Business: A. Consideration of Selecting a Commercial Broker to Serve as the CRA Broker B. Consideration of a Purchase Agreement between the CRA and White Rose Homes LLC for a Portion of 133 NW 101' Avenue C. Consideration of Letter of Intent from Westbrook Housing Development, LLC for Ocean Breeze East Site XV. Executive Director's Report: A. New Businesses in CRA District XVI. Future Agenda Items: XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S. 286.01 05) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (56I) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. BOYNTO =BEAC RA gr CRA BOARD MEETING OF: July 14, 2015 I Consent Agenda I I Old Business I I New Business I I Legal I I Information Only I X I Other AGENDA ITEM #: VILA A 0 1011 pro • - SUMMARY: The Boynton Beach CRA, City of Boynton Beach Recreation and Parks Department, Palm Beach County Parks and Recreation Department, Drowning Prevention Coalition and Project Seahorse are working in collaboration to send 40+ kids on a very special field trip. Children ages 10 —12 from three of the city's summer camps will learn about snorkeling and the marine resources right off our coast. On these special field trips, children will be working with dive and swim instructors from Project Seahorse at Aquacrest Pool on July 13, 20 and 27. The instructors will assess the skills of each child during the swim/snorkel lessons. On Tuesday, July 28, the kids with strong swimming skills will be taken out in 2 dive boats from the Boat Harbor Marina with certified swim and dive instructors and city staff to dive a shallow (10") reef off of the Boynton Beach coast. The kids with less than strong swimming skills will be brought to Ocean Inlet Park with certified swim and dive instructors and city staff. After the snorkeling experience, the kids will be transported to the Boynton Harbor Marina at 4 pm, where the CRA and Project Seahorse will have a special family barbecue with a presentation about the project with actual footage from the snorkel experience, hot dogs, hamburgers and crafts for the kids. Project Seahorse will show the campers and their families how amazing our beaches and reefs are and why people from all over the world come to Boynton Beach to dive and snorkel. When the children understand and embrace this wonderful, available resource, they will be able to direct their energies toward a better future for themselves and for Boynton Beach. The objective of this event not only teaches children to swim and learn about the ocean but also introduces the public to the Boynton Harbor Marina as a family friendly marina. PROJECT:CRA PLAN, PROGRAM OR All CRA Programs and Projects ZN YJ Tr cy SmithJ6&ey Marketing & Businessevelop T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Meetings\July 201 MProject Seahorse- July.docx M UU11112 D�Ilt Joseph Casello, Vice Chair James"Buck" Buchanan Michael Fitzpatdck Woodrow Hay Mack McCray David Merker Jerry Taylor, Chair Tare Duhy, Board Counsel Vice Chair Casello called the meeting to order at 6:29 p.m. and advised Chair Taylor would not be present. II. Invocation and Pledge to the Flag Mr. Hay gave the invocation. Mr. Fitzpatrick led the Pledge of Allegiance to the Flag. Ill. Roll Call mmna�� Commissioner Merker moved to approve. Mr. McCray seconded the motion th unanimously passed. i Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 9, 2015 MIIIIIIIIIIII M1.1 r1frTirrraT"I A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items Mr. McCray advised he met with Allan Schnier earlier in the day (XIV New Business, Item B.) He noted the BRA meetings are scheduled one year in advance and suggested, in reference to Ms. Brooks' absence due to her husband's medical procedure, that procedures could be rescheduled. 111111071004 =M* =UM Mr. McCray attended a Saturday event at the Hester Center benefitting needy families held in conjunction with the NFL. Mr. Merker advised he received calls from his community inquiring about his political affiliation. After researching whether it was permissible to divulge his affiliation, he explained that although the City Commission has a bipartisan form of government, he is a registered Democrat. Mr. Hay encouraged all to attend the Taste of Boynton on Thursday at Benvenuto. A. Music on the Rocks: Recap— 5/15/15 — Making Faces 1 kyj M- T "M nom A. Approval of Minutes — CRA Board Meeting, May 12, 2015 B. Approval of Period Ended May 31, 2015 Financial Report C. Monthly Purchase Orders D. Approval of Commercial Fagade Grant to Health Buddy, LLC — CrossFit at Casa Costa : ; 0. • 11111111111112yWI: It iM4K*1!W-111--WI111127z- M-nz• =9i no K Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 9, 2015 F. Approval of Commercial Interior Build -Out Grant to The Boardwalk Italian Ice & 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 H. 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 #11, Boynton Beach, FL J. Approval of Commercial Interior Build -Out Assistance Program Grant to Brian Macon, a Sole PropMetorship, 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. Industdal Avenue, Suite #106, Boynton Beach, FL Motion Mr. Hay moved to approve the consent agenda. Mr. Merker seconded the motion that unanimously passed. ® Pulled Consent Agenda Items-, None. X Information Only: Mr. McCray left the meeting at 6:35 p.m. A. Public Comment Log B. Marketing and Business Development Campaign C. CRA Budget Meeting Date D. Annual Filing of Statement of Financial Interests E. Family Dollar Project Progress There were no comments received on the Information items. k7i 1111ke Simon, Assistant CRA Director, reviewed the item. In April, Salvatore Campanile, Ocean Ridge Hospitality Group, was selected to purchase two properties at 211 and 480 E. Ocean Avenue. He offered $255,000, the appraised value of the 211 property for an Italian Restaurant and Grill. Mr. Campanile, the Prakas Group, Attorney Duhy, Ms. Brooks, he and others met several times regarding the agreement. To the best of his knowledge, Mr. Campanile is in agreement vAth the terms as presented in the meeting materials. Mr. Simon reviewed the details and highlighted the closing date was September 30, 2015, with site plan approval, drawings and permit approvals to follow. The completion date was September 1, 2016. Mr. Campanile was eligible for CRA economic development grants which were the Commercial Fagade Grant in the amount of $25,000, $66,000 for a permit incentive, vnd $45,000 in Commercial BuIld-Out Grants. There is also a $200,000 line item In matching funds for improvements for 211 E. Ocean. A first right of refusal and reverter clause was included in the event Mr. Campanile does not meet the timeline or defaults after the contract is signed. The broker fee is 5% and the CRA has first and last design approval for changes to the site. The proceeds of $242,250 at closing would be less the real estate commission amount. Mr. Buchanan wanted a deed restriction or reverter clause added to the contract for both properties that states for at least a minimum of five years, should the property not be used, or not be used as a CRA approved business for three or six months, or Mr. Campanile becomes ill, sells the property, or the property sits idle, the property would revert back to the CRA or the CRA would purchase it back. This would not hurt either party, because the property would be paid at fair market value. He commented they need to be protected in case of receivership. Ell Meeting MI-Inutes Community Redevelopment Agency Board Boynton Beach, FL June 9, 2015 Mr. Merker inquired if the provision was legal and Attorney Duhy responded deed restrictions are not uncommon and are often used in the context of workforce or affordable housing. Mr. Merker commented if it was legal, he would support it. Mr. Hay agreed with Mr. Buchanan especially in light of the building being historic. Mr. Fitzpatrick was concerned about the timeliness. For a restaurant to have the most success, it should open in the beginning of the season. He thought putting in another provision would delay the project for another month. It may be easier if something was prewritten, but it still had to be negotiated. He did not favor a one-month delay. Discussion followed the monies offered to the owner for the build out were the same as would be offered to anyone else. Mr. Buchanan saw no reason to delay the issue for another month. It could be approved contingent on the language Ms. Duhy would add. Vice Chair Casello agreed they do not want two properties to sit dormant on Ocean Avenue for months or years. Mr. Buchanan concurred, but reiterated it was important to protect the property. Attorney Duhy explained the deed restriction would be worded to run with the land and hold over to any future property owner. The CRA is charged with redeveiopment. The property is currently vacant. The Agency is making efforts to find a buyer or tenant, and the reverter clause was a provision that could be invoked. Motion Mr. Buchanan moved to set a period ot six months of dormancy for the next 10 years. Attorney Duhy explained they have an agreed -on contract. A motion to approve the execution of the contract subject to negotiation of a term along the lines of what was proposed should be included. Mr. Merker seconded the motion. 11r. Sino-T-mmTru W&OWN119411 "il IiiWo approving the sale of the property below fair market value. Attorney Duhy recommended if there was a time frame they wanted staff to move forward with, or a range of time the property would lay vacant, that should be stated. Mr. Buchanan added to his motion the negotiation of dormancy was six to nine months and five to 10 years on the length of time. Mr. Campanile, Chapel Hill Boulevard, recommended an addendum be added to the contract so they would not have to change the contract prior to execution. The motion unanimously passed. B. Consideration of Purchase and Development Agreements between Ocean Ridge Hospitality Group, LLC and the BRA for 480 E. Ocean Avenue M Meeting Minutes Community e vl et Agency Board Boynton Beach, FL June 9, 2015 Mr. Buchanan moved for the same motion (as the prior item) for this contract with t reverter clause. Mr. Merker • !-• the motion. Attorney _ recommended approving the contractpresented _ addendum with the deed restriction that states for five to 10 years, if the property is not used as a Rte' approved use forperiod of / nine months'! • between- CRA buyer.and the buyer, the property will revert to the CRA at a fair market value paid to the Mr. Buchanan agreed to the amendment. Mr. Fitzpatrick seconded the motion. Mr. Merker advised he visited Mr. Campanile's Delray Beach restaurant and enjoyed the experience. He requested when the restaurant is opened, they taste his pizza at the first meeting. It was pointed out that would be illegal. C. Consideration of Boynton Woman's Club Request for Change to CRA Grant Match Mr. Simon explained this item would allow the Woman's Club to change grant applications. The Board approved putting $50,000 in the budget for the Woman's Club to use as a match for the Florida Historic Special Category Grant. The Woman's Club submitted the application, but received a low ranking and was unlikely to be funded. The City Lobbyist advised a presentation had been made and the State House and Senate were recommending approval of the Woman's Club application as a Small Matching Grant. It would still require the $50,000 match. Approval of this request would allow the Woman's Club to change applications without losing the funds the CRA set aside. Mr. Hay movea to approve the request. Mr. Merker seconded the motion. Vice Ch Casello inquired if the •. not receive the grant, if the Board could st motiongive the $50,000 to the Woman's Club and learned it would be up to the Board. T ' passed. Consideration of Updating Temporary Parking Agreement with Bride of Chri Tabernacle r Use of CRA Lotsfor 0 Meeting MI-nutes Community Redevelopment Agency Board Boynton Beach, FL June 9, 2015 Mr. Simon explained this item would amend the prior agreement for temporary parking by the Church on CRA lots on NE I 11h Avenue for Sunday services and occasional weeknight services. •IR17117I : 1 1 1 111 111 � I I I � I I I I I 1 1111 I WT Me unancing ana n obtain another loan. After obtaining permit approval, they are on schedule to move forward with the project. The request would amend and extend the dates on the existing parking agreement to approximately December 2015. The insurance coverage is in place. Mr. Fitzpatrick inquired if there was sugar sand. Mr. Simon responded the lot was suitable for parking. If it became unsuitable, they could tenninate the use or ask for assistance to make it stable. He was hopeful it would last for the duration of the project. Motion Mr. McCray moved to approve. Mr. Hay seconded the motion. Mr. McCray inquired how many cars park on the lot. Claude Maxine, Bride of Christ Church, 2020 NE 11th Avenue, responded the parking lot can accommodate 30 cars. The motion unanimously passed. XIV. Now Business: A. Consideration of Allowing Hurricane Alley to Use CRA Property at 222 N. Federal Highway on a Temporary Basis for a Food Truck Mr. Simon explained they received a request from the Hurricane Alley Chowder a Snack Shack food truck to use CRA property on a permanent basis to activate sales. approved, the activity would require a site permit from the City and at this time t aR4licant does not have approval. If the Board wanted, they could approve the reque condlitioned on her obtaining approval from the City. 0 0 41 9 1 did Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL June 9, 2015 the best interests of the CRA and payments could go to a non-profit in the CRA District Lo benefit the CRA's interests. Kim Kelly, Hurricane Allay, advised she completed the paperwork. She spoke with Nancy Byme, Development Director, and site plans have been approved for other food trucks in the City. She requested the Board not table the request as it would delay her one month, and she could be oper-ational by July Vt. She suggested a six-month tftl period and provided a photograph of the truck and a menu for the Board to review. She wanted to stay In the downtown area and has been in the City for over 20 years. She built a 26 -seat restaurant into a 150 -seat operation, employing over 45 people. Her goal was to have a food truck court. Ms. Kelly commented she could satisfy the requirements. She already has insurance required by the City and CRA. She was meeting with the Health Department Inspector, and had passed the plan's review process. Mr. Simon explained a condition of the she permit requires an improved site with improved parking, not a grass field, or one with shell, rock or dirt. He was unaware of 2ny other conditions that may be imposed by the Development Department. The parking requirement does not apply to a food truck rally event, only for a site permit on a permanent site. T-IRINST,yrt MUTOTITUR Me, Mr. McCray was not in favor or tabling the issue. He also favored, if allowing this Retivity, it be geared to Boynton vendors, instead of County vendors. Mr. Merker noted this was a business proposition and use of the site should not be given away for nothing. He thought the proposal was unworthy if there were no financial gain to the City. The subject location was an important property in the City. If Mr. Camalier wanted to do something with his property, it would cause problems. He questioned if lining up trucks, how many would be there. Once that occurred, it would detract developing that portion of the City. He thought approval of the request would be a favor. He thought giving to a charity was good, but thought this was a trade and a political maneuver. He wanted rental income for the use of the property and thought it was not a good business decision for the City. E_ Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL JUne 9, 2015 the terms outlined by Mr. Simon with a provision if there was a need to terminate the use, they have the right to do so with proper notice. Mr. Merker thought the word "donation" was a political buy out. Attorney Duhy recommended if approving, it be approved as a temporary use agreement which is only an agreement to use the property for the requested use. Mr. Buchanan moved to approve the request on a temporary basis of three months, a contribution of $600 a month dedicated to the Schoolhouse Children's Museum and the tally hours of operation as 10 a.m. to dusk to vary with the time of year. Mr. McCray ceconded the motion. Mr. Merker thought the donation should be more as It was a rental of sorts and suggested $2,000. Mr. Hay thought six months was appropriate, and Mr. Buchanar commented they could review the matter in three months and the request wae contingent upon City Commission approval. 8. Consideration of Letter of Intent from Housing Trust Group for the Ocear Breeze East Site in the Amount of $2.0 Million Mr. Simon explained at the May 12'h BRA Board meeting, staff began marketing a 4.48 9cre site appraised under potential zoning for $1,530,000. He received a letter on May 19th and met with representatives of the Housing Trust Group on May 27 th to discuss potential terms. The terms were contained in the meeting backup. * The contract term would be until October 31, 2016, allowing for one application for the 9% tax credits. * Staff recommended a purchase price of $2 million with $1,530,000 due at closing and the CRA hold a $470,000 soft second, payable as a balloon on the refinance or sale of the development. * Allow only one 30 -day closing extension, agreed on by both parties. * Approval of the project design by the CRA prior to submitting to the City for approval. * That no other CRA assistance is requested. * Public improvements such as streetscapes, sidewalks, lighting and landscaping along the street in a pedestrian right-of-way area be financed by the developet and not the CRA as a separate expense. * The Housing Trust Group allows the Board to accept back-up contracts, subjed to their approval orae of the tax credit application. IN Meeting Minutes Community Redevelopment Agency Board Boynton Beach, FL, June 9, 2015 Mr. Fitzpatrick agreed to the amendment recommended by Attorney Duhy. Mr. Merker also agreed to the amendment. The motion unanimously passed 4-2 (Vice Chair Casello and Mr. McCray dissenting.) Mr. Simon announced Beautiful Stuff Inc., and The Hidden Siren, both in Ocean Plaza, recently opened. He advised staff was continuing to market an Breeze East, and were moving forward with the lighting, welcome signage, and parking projects. All were moving forward in a positive manner. ® Future Agenda Items: XVIL Adjournment There being no further business to discuss, Vice Chair Casello properly adjourned the meeting at 8:22 p.m. Catherinelherry Minutes Specialist 061915 W "A B\` OYNTONRA X B E A"C I CRA BOARD MEETING OF: July 14, 2015 X I Consent Agenda I I Old Business I I New Business I I Legal I I Information Only Other SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending June 30, 2015. RECOMMENDATIONS/OPTIONS: Approve monthly financial report. .A I I r. 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NOS ODIm Ui Nr r- eq 10 H N 000 000 C; C; C; 0 0 Ci Ci E-4 Ln Ln lQ t0 Ul -i w W m C, r- co w H 0 E,l '4 '* 'o cn (n Ln El O 94 w C, H E-4 N C4 0 0 -0 C! 0 C-4 N rn CA CI O 000 Ci C� 0 cq 14 H W-1 cn -0 0 Ej PB pa Di U P H H H W H 0 0 C3 0 tn 0 1 wl 0 O7 0 o cq Ln Ln ODw .1 LO U) I H QI N N 00 0 Ps q I I I 1 0 I IV: R H I I I I 11 I I I I 9 I w CRA BOARD MEETING OF: July 14, 2015 rX -jConi-emt Agenda Business I I NewBusiness I I of 1 1 WormationOnly Other tiJECT: Purc)rase Orders FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: Administrative p Susan Harris Finance Director T. AGENDAS, CONSENT AGENDAS, MON-f-HLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board MeetingsWuiy 2015NFINANCE - Purchase Order Report.docx L: Men= 1: NAMN 7, I : TdF in J, FTZ-T M ; H 7j ff I r7r, , TZ -XM!, Boynton Beach CRA Purchase Order Report Month: June 2015 DITT41m. I m. a M 2 �! �s =. I 17,37-T, 511 m, F, F -M almr-m7m = PZ7.1 IMIEETW Commercial Rent Subsidy [i#lolE,',-rM�Com-merciaI Rent Subsidy [I?zl: FEMM 0lll=mff,T3T-FTjT, ,� BOARD MEETING OF: July 14, 2015 X I Consent Agenda I I Old Business I I New Butiness I I Legal I I Information Only Other L�144 D101 by..s SUBJECT: Approval of Commercial Facade Improvement Grant application submitted by Don Chi Bistro, LLC for the property located in Casa Costa, 400 N. Federal Highway, Unit #7, Boynton Beach, FL. SUMMARY: Don Che Bistro, LLC has applied for the CRA Commercial Facade Grant for reimbursement of the installation of signage. The total cost of the project is $3,318.86. The Commercial Fagade Improvement program reimburses 50% of the applicant's expenditures for the eligible improvements. $1,659.43 is the maximum amount of reimbursement to Don Che Bistro, LLC. FISCAL IMPACT: Project Fund line item: 02-58400-444 eligible exterior improvement at the property located in Casa Costa400 , N. Federal Highway, Unit #7, Boynton Beach, FL. 11 I.- . 0040 Assistant Director 4. Eligible improvements for this program include: * Painting * Shutters Awnings r_ , . . Decora9ve exterior Exterior doorsWndows LandsWing around the building Irrigation Parking t , re -sealing, re.,Sbiping 0 Patio or docks connected to the building Exterior wall repairs (e.g, stucco, brick or wood repairs and replacement) + improvements Signage ri . barbed wire. and wood panels) Demolition .f structure a.(re)sodding of ,aproperty All Work Must be done in compliance With applicable of Boynton Building Codes and Land Development Regulations. All contractors M -ug be licensed in !( • County. contact the City! Boynton • ! • Department Proposed • i• R i Performed • • to • ! isF,• grant IS. Maximum Grant amounts:The provide, Leirnbursement basis, M f grant fbreligible_ w! ,M • provided in the applicant's project budget, to totalof 7. Grant funding amounts Will be based on the applic nts project budget specir at the time of the p• ! 8. Eligible items for reimbursement under the grant program may not have been completed and paid for more than sixty (60) CRA Boar. ldays prior to grant grant9. The property owner, or tenant ff applicable, must complete the fagade improvement project and submit fbr reimbursement within 120 days of the award. Failure to complete the fagade improvements in a timely manner Willresult in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. Only one 30 day administrative extension Will be permitted. Grant funds will be reimbursed exclusively for approved work • approved = ke orders. 1 The Commercial• -Improvement Grant Program may only be used one time in any five year period for any one property. Pmperfies may reapply 1of additional grants any time after five (5) years from previous grant approval, If11tta Pap 2 of 7 !F 710 Naith Fedejul Hiemy,o 35 561-737-3256 Fax 1-737- A urs A ga fi g ; seekingAn applicant 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.catchboynton.com An original materials o bereturned to the Boynton Community Redevelopment Agency for review and approval by the CRA Boa Applications will be considered on a first-come, first served basis. Applicants must to the necessary steps to ensure that their submitted application is properly time ' �. document- h' • i. stamp ..•' CRA staff will present the completed grant application to the CRA Board 1br their review and approval. The CRA Board conducts their meetings on the second Tuesday of each month.Applicarit will • i` 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 _ t • their application, notifyCRA staff will •,• of grant approval or •- 4 _ CRA will administer the Commercial. •K. • - Improvement funding. In addition to the appropriateof Boynton satisfactoryCRA will inspect the work to determine the ! • i• of ApplicantsS. • outstanding of Boynton ainst their property. Applicant - outstanding BeachoBoyntonagainst the property, the U grant will notbe awarded until thecomplete satisfaction Application to this Program is not a guarantee of funding. Funding is at the so discretion of Board. 111111. REQUIRED APPLICATION DOCUMENTATION AND PROJECT INFORMATION All Written detailed project budget describing the improvements to be done to the property listing all project costs the applicant is sting for reimbursement. project ! • • w' provide total•+ice• of f • 2. Cost 8stimate(s) from a licensed contractor(s) as specified in the applicant's projectbudget, Form i 4. COPY ofWarrantyDead Initial Page 3 of 7 710 North Fedend Ifthway, i3oynton Beark FL 33435 561-737325 561-737-3258 S. Copy of Lease (if applicable), 6. Plans or sketches If applicable, 7 Site plan and plantfor landscape 'M • 8. ef time line, casl- account, line of credit, —10- A minimum of four (4) 3" x 5" color "before" photos of the project which must include"public Signagedesign ithcolorsrmaterials► TkR`'• if applicable, 12. Project color chips / material sam pies if applicable, and material specifications. CRA has received copies of executed contracts, canceled checks (front and R= proof i - work has been approved by the City of Boynton Building 2. CRA has received copies► vendor/contractor with a letter from each vendor/contractor stating that all invoices for the pmject therehave been paid in full and/or a release of lien from each vendor/contractor stating are no outstanding monies owed for the project. received3. GRA has copiesiRfinal Inspection approvals fbr all permit required work. 4. Entire scope of work for eligible items Is completed. S. Applicantprovides photos. oil Initlal Page 4 f 710 Norffi FedeW Highway, Boynton Beack FL 33435 561-737-325 $61-737-3258 ©fes 2}\ 17*177 , j Name of Property Owner Email Address: R C41state: Zip Code: Phone # Day: 7,,7X- 5Xpor - 7,7oe-2 Evening: lumber of Employees residing .in Beach: Page 5 of 7 710 North Federal H4Gmay, Boynton Beach FL STATE COUNTY OF VC% -k VA Ct BEFORE ME, an offild ly th by la. to administer oaths and take acknowlsdgementa� •- v l�t.r; `#�' opersonallyt or produced ._. 1089 � in IN WITNESS OF THE .ve setiandoffilplaIr seal aforesaid on this day of CuA i NOTARY PUBLI My Commission ! -.. • ill Page e: of 7 710 Worth Federal HiRhwaB. - AM +� w Witness (Date) BEFORE ME, an officer duly autt 2cknowledqemenU. rr-71 Tim, ;,*jjaU, M1 ---------- •ersonally known to me F lit 1*17774157 -7 ME a I Lt *--10 1154114: R M IN WITNESS OF THE FOREGOING, a set my hand an ftial seal in the State an County abresaid n this day of 20 NOTARY PUBLI My Commission Expiras: My COMMISSION FF 0780 EXPIRES. Jxwaq 11, 2018 BmWed Thm Wimy ftk Unbmkm Pop 7 of 7 lit} North Federal Highway, Boynton Beach, FL 33435 -Phone 561-737-3256 Fax 561-737-3258 s 11 .......... IP mateFiadl er FY Total Fabricate and Instaft one set Induded Ti -'2171.00 IV m" plastic face channel letters - W= I mm Third Stmet Sims 561.374.9111 -at Wr.m- UNIT PRICE TOTAL I -GD ricate & install one set of plastic &am channel lefters: Z171.00 2,171.00 .DONCHE :2e V ard cdors s ush mount to vrcdl u ub ff n unflnurn construction L Labeled L L al mh ntemal illumination by LED modules e eft ctrty to within IT of sign by customer d ost of penTMng: [ee 1,0WO to City of B%Von Beach 10MOD 100.00 IL 00 ennit drawings 64-00 64.00 1.00 rmit processing 75.00 75.00 1.00 1 er seal (Require by code) 120-00 120.DD Temx: Pennit costs upon cordract 50% Deposit; on sign upon issuance of penTa 3alance upon delkviry � :a«� � �. /� «.: \ . Third Street Sions 561.374.9111 Date June 04,2016 Job Number: <»yam ter > front »¥o > reard»¥ z> :<_;« « <> ¥* e<»»� /»< +� i l 1 » < \ � 4g#� < SLOOM 7 Z 6% TRK TOW � � <# EK-IR .7. iTa I I CIN Mu. 'Air I ULUUMPTION UNIT PFUCE TOTAL 2.06 7U° x 2-8-1/2" Corrin a soon banner 88.00 176.0 .......... ....... ....... ... . .. ....... .. — ........ .......... W.- 15 ....... RUM .................... .... :.... P. ..... ............ 13ckz Outdoor ... banner e'r' rn aiie—r'ia—1 .................... .......... ......................................................... ..... ....... .................................................... ........................... ...... --l....I.- ....... ................................ ....... . .................... ................ ................. ........ ....... ...... ..................................................................... ................................... ...................... ............... ............... ........ ................. ...... ........................................... .. ............... ......... ............. ................................... ............... ........................... ............... I ...... .... .......... .................... -..— ........... ...... ...... 50% On order ($93.2§).,,. ...... ............... ........................................ ........ ...... ..... .................... ............ 7:::::: .............. . ...... .......... ............. .... ............... ...................................... . ............... ....................... ...................... ........... ........ ............... ....... Accer) e� -54io .. ............ .. .......... ... ....... .. .............. . .... 4. wn N jW ........ am ..... ............... .............................. ......................... .......... Subtotal Tax rate. 6% Tax (MG: Tow, ThI(d Street Signs Contract A) Layout per customer approved drawing B) Aluminum construction C) Intemally illuminated D) Colors per layout E) UL Labeled F) Electricity to within 6' of sign by customer Price: $2171.00, Plus tax & cost of permitting TERr.1 $359.00 Upon Contract— A $1150.00 Upon issuance of permit Balance upon delivery 4A LAD, , Iz% I 10 This agreement shall be binding on the parties, their heirs, successors, executors, administrators and assigns. Tftle ot sold signage shall not pass from Third Street Signs to customer until all amounts due have been oald in full. QustgTW 1 4 WMEMIM, WWi"iiMAIk:M*Id I It 611 1 01 1 a 1.1.11W oeftme a pRW lQ99MMA forwarded by Third Street Signs upon completion. Should permit applications be denied for this project, all monies hold by Third Street Signs will be refunded to customer less the cost of permitting efforts. Should the parmiftinWrocess re2uire a ghan'q�e in the sco!e of wo kwYT-IL:,sTq;�Tf- anypricechangesasa sultvAll become a separate addendum to this contract. -Frird Street Sin-rq vvrLmTtQ Vro iv. A40 " T+—... f— JF 9—Irl =W '771111 , j C�E-- -V - 1111,1111WIM11 Q gig 1141191111114111141 Ma -19 IM 49 N 90 YN R • Z !Pi!'fi�A1 h S h h M R • Z !Pi!'fi�A1 M LU U 0 u < z U oz DO Z z OZ 0, t M LU U 0 u < z U oz DO pul 2 "I plan a lot of local events, but I've never really had the chance to plan a big food event," said Walden during a recent interview. "I wanted to do something that would be different, as well as entertaining. I've seen b battle cornietitions, and I've be to OL rig - si,tij. lg4ouiF t. it lav "W W wiw .�, iiYa cc M1 it; I L�UULM U0111011le VUL11 VIATTiences in a city MaL UUCSHI nave any rooa-lrur lq_ round -ups." Walden did her research and selected what she thought were some of the best food trucks in South Florida. On Saturday, September 12, they'll come together for an epic •• of battle at Old School Square in Delray Beach. All you need to do to be part of the action is purchase a ticket for $35 and get ready to eat. Each ticket will get you two $5 food vouchers to be used at any truck during the event, as well as a cup for unlimited craft beer sampling (participating breweries TBA) and a raffle ticket. Each person also receives a coin that will be used to "vote" for the best food truck at the roundup. Participating food trucks include Bite Gastrotruck, Curbside Gourmet, Munchie's Snack Shack, PS561, Parabas Grill, Best French Fries, and Spring In Roll Out. For the full list, visit the event page. While attendees are participants as voters in the Food Truck Face Off, they will also participate in a worthwhile effort�u�: f_V.-,WNA. benefit the Give N Go Project, a nonprofit organization founded by former collegiate soccer players to help create a team atmosphere for children without families. The local soccer charity donates soccer gear and conducts clinics at orphanages and foster homes for kids around the world in both developinT countries and U.S. inner cities. Tickets for the Food Truck Face Off go on sale at 10 a.m. on July 1. There is a limited number of tickets available. To purchase, visit the link online at exit52events.com the day ticket sales begin. The inauguralFood Truck Face Offwill takeplace Saturday, SepternberI2,frorn 4 to 8p.nL atOld School Square, located at 51 K Swinton A ve., Delray Beach Nicole Danna is afood writer covering Broward and Palm Beach counties. To get the latest infood and drink news in South F7orida, follow her @&SoMoNicole orfind her latestfoodpics on the BPB New 7Yrnes Food & DrinkInstagrarn. I AROUND THE WEB 1 2015 Toyota Tundra Sponsor Content Commissioner Merker compared my food truck to Garbage..If you disagree with this please share and comment..It is time to let our City really know what we think!! the only way for change is to make a stand..Are you with me? Restaurant owner pushes for allowing food -truck hub in downtown Boynton Beach Fotf Wcks are mrmv ? entiXg u;p cv&E�le k1tc%e;%s ax -1 selliNg iel1q4,ys-ft,3i4s at satiaringsTir. larger cifles'downtowns, from New York City to... WWW.SUN-SENTINEL.COMIBY SOUTH FLORIDA SUN -SENTINEL Like - Comment Share 3090•r� Leonard Bryant, Linda Antenuccl Kheshlboun, Jon C. Schmittand 286 others like this. Carol I Mercado No one says " Hey let's go eat in Boynton Beach" It just doesn't happen unless you live here. My brother owns 2 food trucks and my kids work on them. We used to serve food at Oyster Park in Boynton on Wednesdays with 8 other trucks. People loved it, f .. See More Like ply Yesterday at 9:67arn Hurricane Alley Thanks:) Like 20 hra Regina Petrace a I hope you are considering a facebook petition as well as a signature one. I love Hurricane Alley Kim. Keep fighting Kim. Like Reply - 3 - June 29 at 2:51 pm 0 Hurricane Alley How do you start a FBI petition? Like - June 29 at 3:42pm o View more replies Jesse Robert Feldman Please start a petrdon, I will sign it and promote the heck out of it. Boynton needs to embrace food park a few years back were amazing. Something this town is sorely missing. Ike - Rep6 - June 28 at 11: 1 5.prri iris lall;W Mum= they were dumps at one time also, but a good plan made them exciting c ... See More Like Reply - 14 - June 29 at 9:44am U= � Pat Inturrisl We love your restaurant and are looking forward to have Your food truck help bring West Palm and figure put why our downtown is dying and other cities are not. We need to vote out these dinosaurs if they cannot figure out how to revitalize this city. Like - Reply - 13, June 29 at 6-36am Scott Borden Ah, so food trucks will make downtown Boynton an eyesore. Got it. Not the pawn shops, gun stores and bars all over the Chinese Restaurants. Food trucks will be the culprit. Wow. Keep up thf; great work though, we LOVE your restaurant! Like Reply - 3 - June 29 at 8:11 pm • Aprl Is Arts Alparone We love your restaurant and the quality of the food. Would love to have some "food truck" nights. It's a shame Federal Hwy and the area around Ocean Ave still have not come around to building an area we can go to and enjoy a night out. We would love ... See More Like Reply • 6 - June 29 at 6:55am Anita Moeder Food trucks offer great food and support businesses in the areas they serve. Win for consumers, non nom nom! Win for food trucks! Win for local businesses! Like Reply - 3 - Juno 28 at 11:49prn Gilds Kuprian They have to realize it's 2015111 Food trucks are part of all big cities! What do they think, Boynton is too good? Don't think so! Besides, this Marker Is an elected official. Get someone more qualified to run against him and get rid of him next time around!!! Out with the old, in with the new! Like - Reply - 7 - June 28 i", 11:51 pm Joyce Saunders Good luck Kim! We visit every year, the whole month of April! Your food is dellsh and your staff is great! Your food truck Is an asset to Boynton Beachl Keep on trucking, you will make It happen, I have no doubtl I Like - Reply • 3 - June 29 at 1: 1 29m Vickie Grimes We are moving to the area in September, and we can't wait to visit your food truck! We love Hurricane Alley, and I'm sure we will love your food truck as well] Food trucks are very popular in Atlanta and hungry customers flock to them! Good luck! Like - Reply - 2 - June 29 at 7:34am Ma ureen to Love your restaurant's food and would love to see your truck in BB tool Like , Reply 2 , J u ne 28 at 11:52 m Bob Colonna Garcia Love the food at Hurricane Alley! Whenever guests come to visit, thats who they want to gol Like Reply- 2 - June 2gatg.Olsm i • F Paul Zito When construction begins in the field across from the Alley, the truck will be a boon to the hard hats. Have they no vision ? Like Reply - 1 • June 29 at 8:1 lam Lori Cohen The Commissioner doesn't know what he's talking about! Start a petition. Like , Reply - 6, June 28 at 10:34pm P'. Arnone Just look at downtown ...does anyone think the commissioners are making good decisions? Like, Reply ° June 29 at 9:27am Susanne Novie BermanKim I was with you with when a certain old time Boyntonite was against you serving beer & wine. I'm so glad we had a city manager who was pushng for you and he was right as I once again saw how crowded Hurricane Alley was last week. David & I loved it .... you are a true fighter and enterpreneur. Love you, you go girl heart emoticon Like ° Reply 4 . June 29 at 1:03pm Kenneth c t The commissioner should step down and let progress move forwardl Like • Reply - 4 • June 28 at 11:48pm I Edithn Landl Boo, City of Boynton wake up! Like ° Reply 3 June 28 at 1 0.57pra Debbie r Brookes Kim, I for one Know the problem s that go with trying to do business in Boyton, after having my business there for 7112 years I moved to Delray, along with Babs Barbara Lentz, we both are doing so very well we wish we moved out of Boyton sooner, you know Ed and I love your food, we eat there at least once a week, but think about another location for your truck, I know other towns would be happy to have you Deb Like _Reply 2 • June 29 at ',17wn i . S Oilda Kuprian These guys forget they work for you, the tax payer, and shouldn't work against you[ If they do, fire them. Vote for someone else! Like Reply ° 2 ° June 28 at 11:55p r Jeanette ill n I will sign, but u know me I want a tshirt with the truck logo .... rotlmao... yes Kim, this is Ricky's crzy birdi0000 mom Like • Reply • 1 - June 28 at 10:36pm Joshua Leibowitz We have a commissioner? Like Reply • 1 ° June 29 at 9:5 am Ann Circosta Lena I used to drive down to Hollywoods Youngs Circle every Monday night for the food trucks.Not only is It fun,but its also a happening. I think its a great idea for Boynton. Just pick one early evening a week.It will bring in a wave of people to downtown ...See More Like eply • 1 - June 29 at 1:46am • Edited • Damian I love Jenn Dumont and Haney Carvajal at Hurricane Alley Like ° Reply • 1 Yesterday at 1:29prn ° I— 5_ Chuck k is A trip of a thousand miles starts with the first step. The revitalization of downtown Boynton starts with Kim°s food truck. LikeReply - 1 June 29 at 4:m Jeanette MilianteSeriously?!?!?P??? Wtf .....ur truck nd food r one of the best in Boynton .... ur restaurant is the best ... ur food truck well I can't say but I can I can say the truck is great, so I am sure the food is as good ... that°s total b.s. Of Boynton whomeved!!I Like Reply - 7 • June 28 at 10:29pm rt z • Lori Cowell I am a Delray resident. I recently attended Boynton Beach commission meetings to support a friend who was trying to start a business there. I felt like they are lacking vision. Food trucks compared to garbage trucks??? GET WITH THE TIMESII! Ever ... See o Like Reply - 5 hrs Jonathan Ard I think ltd be great ! Boynton Beach downtown is boring. ... bring in the business! Like Reply, Yesterday at 12:40pm Susan McCabe I'm with youli If Boynton wants to start competing with Delray, they need to do something different and the "Food Truck Rodeo"was one great way. °II also sign any petition that goes around. LikeReply • 2 • June 29 at 12:32pm • Glovanne DIPasqualeFood trucks a must In BBI these food trucks actually have loyal customers who will travel to that particular truck's location. They are regulars. Talk to any such "regular" food truck customer, and they will tell you they follow them. Talk about brining people into downtown Boyntonl A no -brainier if you ask me! Like, Reply • 1 hr Mark Wilson The commissioners of Boynton Beach have made all the right decisions so far. Ocean Ave looks like a ghost town other than Hurricane Alley. Like Reply- 2 - June 2 t 11:11 pm John i in City of Boynton Beach, moving at the speed of fall ... again Like Reply l June 2J at % 5am • Marilu Guzman ! love the food at the restaurant, looking forward to try the food truck Like Reply June 29 at 7:4Opm Judy Whittaker Commissioner Merker please get with the times. This is not any restaurant a er , This is one that has had a land mark restaurant in Boynton for YEARS. 1, IkeReply • 2 hrs on Glll s I'm on your side Kim. Make a Statement, park your BEAUTIFUL FOOD TRUCK I FRONT OF HER HOUSEMfl ❑❑❑❑❑ Like'Reply • 1 ° June 29 at 11:31 am k Andrew r If not Downtown Boynton, have it along High Ridge near the breweries or along Industrial in the arts district. This Is why nobody comes to Boynton to hang out, you have to leave the city to find anything interesting or different. Like Reply • 1 • June 29 at 4:30pm Regina etr cc Sounds to me like someone is getting paid off to hinder downtown Boynton progress. Something is seriously wrong here! Like Reply ° 3 • June 29 at 3:33am o L Joe C s llo Kim Kelly runs a first class operation both in food & service ...thank you 1 Like Reply • Yesterday at 9:31am Jesse Robert Feldman With all the new breweries, underground art scene, and general feel of being the underdog, Boynton has more of a Portland feel to it (albeit on a much smaller scale) than it does a Delray feel. They need to embrace that movement. If you look at Portl... See More Like Reply °w' eiFcl t 11:46am Clark r "For heavens sake let's never do anything different in this town" . What happened to free enterprise and creative spirits? Its all about control! There is nothing wrong with creating a safe zone for food trucks! Every city in America Is doing this. ��LIke • Reply • Yesterday at 7:1gem WWI - Doan Ledsworth Jr. 1 LOVE FOOD TRUCKSM City of Boynton Beach is backwards most of the timel Like Reply • 22 hrs A, Mackenzie Leigh ri Garbage?????????? i dont understand???????????? both my roommates work there and live NEVER had bad service and every meal (! try to get something d° rent every time) has always been AWESOME Like Reply ° 1 June 29 at 10:20am N Kurt Lewis It's a great idea Kim!! Like Reply - I June 29 at 9.44arn • Melinda M Deutsch Merker is Garbage... Like, Reply, 1 - June 29 at 9.23am Joe Matthews I haven't had a bad plate yet! C'mon Mane! Like - Reply - Yesterday at 11:08am Ellsha Morrow Hey, if Ws "garbage" we won't come! Let the people eating it give it a Like - Reply, 1 hr Pete Broody I like food Like, Reply - June 29 at 10: 1 9pm on Wang Deng This is my Goal. I will own a BBQ food truck soon. Good luck and keep on fighting Like - Reply - June 29 at 10.1 bpm E. , I rig Gwen Hammar Love food trucks. Like - Reply - June 29 at 6:40pm • Jeff Falke Garbage Is an inflammatory word for a leader. It's not a fixture it's mobile and a service to the common people of a community. I'm sure such an elitist description was unintended. Maybe a re review is in order Like - Reply ° June 29 at 2.11 prn Steve Mulholland Damn narrow minded politicians!! Like, Reply, 19 hrs Veronica Anepete I'm totally with you, my friendl What the hell is wrong with them? tj�;e Reply • 17 hrs Laura Serrano I am with you to. Make a petition I'd sign itl Like Reply • June 29 at2:10pm • Glenn Smith I believe Comm. Merker needs to br recalled. Who the heck keepsting for him. He needs to catch up with the times and the needs of the city merchants. Like , Reply • 1 June 29 at 10,28am Jerry Lang He wouldn't know good food if it sat on his face. Like ° Reply, 1 . June 29 at 0:24ari M, Shakne Howard There is nothing wrong with that idea. I support you guys loo%!! Like Reply June 29 at 6:37pm Pavones Goodilme Shit try doing anything in Lake Worth ya wanna talk about permits to better a deteriating community? Nah let all the immigrants run freely and Destroy the society 1st. But slowly of course. Goodluck I enjoy hurricane food... Like Reply Yesterday at 1:06am Write a comment... BOYN 111"BE t, RA CRA BOARD MEETING OF: July 14, 2015 l Consent Agenda I I Old Business I I New Business I I Legal t I Information Oniv I I Other I I 1 111111111, 1111 1,32 SUMMARY: Boynton Forum- As part of the ongoing marketing efforts to assist local merchants in an advertising campaign, the CRA staff allocated funds in the budget for a monthly double page spread in the Boynton Foram. 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 a destination. With summer approaching, the June ad (Exhibit A) featured the Boynton Harbor Marina. The double page spread highlighted the fishing charters, drift fishing, scuba diving charters, boat rentals, Intracoastal pleasure cruise, and jet-ski rentals. Boynton Harbor Marina Marketing Campaign — This campaign continues with a 1/2 page ad in the Pineapple Newspaper (Exhibit B) showcasing the marina. The Pineapple Newspaper prints 20,000 papers distributed to 500 locations in Delray & Boca marketing the marina to South County communities. Neighborhood News- Working with Neighborhood News to reach out to the western Boynton communities, this marketing strategy will continue to promote downtown Boynton Beach. Staff has committed to running a fall page ad (Exhibit C) along with editorial coverage of the waterway parks. June's ad featured the Boynton Harbor Marina with an editorial on Pete's Pond and Promenade Park spotlighting the many amenities the park has to offer. (Exhibit D) Special Events Marketing- Working in partnership with the City of Boynton Beach Recreation & Parks Department, the CRA created a fall page ad for 2015 Pirate Fest in the Funfare Magazine published by Recreation & Parks and distributed to all the local schools. (Exhibit E ) 11 rilli .1F log prl i'llp q jr-111 FF1111111i�l I 111 1! T:IAGENDAS, CONSENT AGENDAS, MONTHLY REIPORTSNCompleted Agenda Item Request Forms by MeetinI 2014 - 2015 Board Meetings) lully 20151Marketing & Business Development Advertising Campaign Jull i f RORMT-5 .9 CATCH SOME SUMMER, FUN CRA BOARD ', Consent r+; I X I Old BusinessInformation Only Agenda Item: XIII. A. SUBJECT: Discussion on the Status of the Purchase and Development Agreement between the CRA and Gardner Capital Development for CRA Owned Property along the Martin Luther King, Jr. Blvd. Corridor SUMMARY: At the February 10, 2015 CRA Board meeting the Board voted to approve the Purchase and Development Agreement (Attachment 1) with Gardener Capital for CRA owned properties along the south side of Martin Luther King, Jr. Boulevard. The Agreement was negotiated after receiving a Letter of Intent as a result of the issuance of a Notice of Intent to Dispose of Real Property. The Notice of Intent was published in December 2014 and no other interested party came forward with a proposal. In the Purchase and Development agreement, Gardner Capital agreed to pay the CRA $600,000 for the properties at construction loan closing. This price is based upon the potential number of housing units that can be built on the land and Gardner Capital was interested in pursuing tax credits for the 2015 cycle to fund the future redevelopment project. As part of the Purchase and Development Agreement, the developer would be taking the property through the land use and zoning entitlement process as soon as possible after execution of the Purchase and Development Agreement. Since the execution of the Purchase and Development Agreement, Gardner Capital has failed to fulfill several obligations set forth in the contract Agreement and is in default under the terms specified in the Notice of Default and Termination letter sent to them on June 1, 2015, by the CRA Board's legal counsel (Attachment 11). Staff is working with City staff to change the land use and zoning to be consistent with the Heart of Boynton Plan thus making it easier to market the site. FISCAL IMPACT: NIA PROJECT:CRA PLAN, PROGRAM OR Heart of Boynton Community Redevelopment Plan Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board MeetingsWuly 20151Status of Purchase & Sale Agrmnt with Gardner-MLK.doc t � PURCHASE AND DEVELOPMENT AGREEMENT Twi,71,477 WiTil Aj,jq Mel W,I,iA,9E AGREEMWrIGARDNER PAp2 of 1 .1 _._ folio anidays the c ' Agmimmt lei repot studies f � cls � °' 1, W9111mbig, borings and SELLEWS pion or conftol with phygIcal condmflon of ft Proportyg ifa n MEM PURCIIA9B ArTREEmENr/a,,oADNBR Page4 of I I 9-0 Do4a4MMyg 11C OLLM wil I Pmvi&, MMVOI of the desCW of the projcct ftm its BORM Oor to Of at the time of applicWon for any zoning or site, pJau OPIR'Ovels. 9. C The SELLER &hall prepam, or caum to be pregid, ffic Closins Doci=qcmts set fordh in this Saction. except for domneub propmd by the 'fltla Ccrmpsny- At Clo-9fij& SELLER shWI exomite aud deliver, or cause to be exemited and deliverod to PURCHASER the Mowing documents and initr=e&a. 9,1 Pa -L A Wm=ty DeW (ffic 'Veed") c�mvayjkp to PIJRCHASER, VKK 9NA madmIable aW fnwnmble fee IhDT& title to the Ptupwty frez and clear of all fims, encumbrmccs and othff, OODMons of 1111c offier than the Pemfimd Exeepdon& 93 aH A closing statement satfi ffing forth the Pmbase Pnce, mvts Owents and prontions betwem PURCIIASER and SMJ�R, all co.,u end ,� a4L Wrfflm tO be PAid at, Clookwo. and tbe -net procceds due SELLER, which SELLEII sWI aLw cxc=c and deliver at Closing. 9A QzgOjxL Dm-mucap& Documentation required to clear fffie, to tlie Propexty of all hens, eneumbianc= wd c%ccpdoxL% if any, other than Pm-mitted Exapt on& 9.5 AddftI:9aW—D2,j1jme&I—s Such other documents as PLTRCHASER or the Tide COMMIly may ramnably icqimst IJW SELLM mxmutc and dchver, and Lmy otlzr dwiments mquired by this Agrewma or rmwnably weemmy in order to clase thb bwm-,fian and Oleose the twms of Ws Agtr==t, WOW ,IRC kM : AG"TIGARD. .1 ! of 111 10 7� I) rt",�i ........Ut ,� tl, tw itk t,et �''. ��al c j h _ 102 Clom ig—CoigL SELLER sban pay for dmmeutuy xwmps on the deed and mording the dead. Pmcbmer shell pay W adw closing e 11. lY ji 4' } }4 4. SS i } l U c 1�j.. ..: t ` 11.1SELLER hereby mpments, COwuant-I and waradnts t c r, 11.3 w is and mill be on ft Closing Date, the ow= of valid, maAetable and msurable The simpic tit . w i t do of rwmd wbich will be &,charged at Close PUT] !SM A10 NO Y OARDNER PW 6'af "i I 112 In the cvmt tbAt SELLER %9 M tD fullY and thnelY toperfom my of iU obligation mid commft hareun&r or if any of sellem reFewntations including Otha %W noWithsUmding aqyfliing to the conmy coida1 , at its opfion doe]= SELLER in dafmalt andex thLs Agramumt In which avent PURCHMER may tamunaU tbz agmament and mtber pmty sball 1mve my Ruffier rights hereunda 12-4 SMEAMN—al, The pmvidons of this Section 12 shaU nn-vive the teminsfim of this Agmempit, 13, MWEI All notim requimd in dds Agr=mcntmusit br, in vniftg and 9hWj be, Cmidered delivemd when received by caffied mail, reh= remipt requcated, orpmwna Mivmp to the following addrems: If tD SCHerBoynton Bermh Commumty Ite&-mlopment Agercy Execulive Dhrx-�, Vivian L. Brooks 710 N. Federel Fflgbway BOYDWn Bmch, Florida 33435 With a Oppy to- Kenneth Dodge, En. Lewis, Lonpm & wam, P.A. 1700 PoJm Be"- Lakes Boulevard, Suite 1000 West Palm 13ca* Florida 33401 PH ge 7 off:" ), I If tD Buyer. GO DcvaI=4 UC -Tee Chambem, Manapr for 205E. Centml Baulcvwd SWte 304 Orlardo, FL 32901 is. SFJLER and PURCHASER ackmwlcdge ftt the PrDP" if' being sold tu PURCHASER for the sok- purpose of developing mWti-faaffly development PURCMASH AUR.F YGARD ?W,, a M"! I 18.2 Dei velo L. The fallowrig evwts must bc documa&d in wrrdng and provided to the SELLER upan compledon of ewh. C) Certificate of Completimi to be pn-yvided wifti 15 mcmLbs of Building Permit imuence, 19A WPURCHASERisunsucmsfid in obtaining 2015 Flonda 1-knoing Fftmcc Tax Credits or other fonn, of fimn*g for the Frojed, the Sallorand Purcbawsr may agm W renew this Agreement for andher year. PURCHASE AGREEMENT/GARDNER pop q of 11 FURCHAUSSE A(IARI--.rLN4'1NfiGA'LtDN-'14;PL PSV 10 of w. I 19.9 AAgrne, s Fem. ("Ms. Should it be nmewary to brhig an action, to ,y mfom any of dw pmvisions of dis Ag==A irmonable aftonrcys" few wd costs, liarJufty, thow at the apX11aft level, aball be awukW w ft pwaffing party. 19 9 &A�L�Au�&m Each party herelty repregents and wwatts to flie other ftt ewh person cxecuting dils &mmmmt on behaff of &a CRA aM SELLER has full right and lawfd mTffimty to execute this Agm-c-ment and to bind and obligate the pa* for whom or on Whose bebalf he or the is signing with mopm to all pwybions contained in this Agreement, 19-10 Rmp—r&& This Agmement may be xc=xW in dw Public Palm Reach County� Florid& 19-11 A8V—A—VkI-, no wvenaftts, ww=Om reprowntations, talw=''fies md undawbnp of SELLER set forth in this Agm-ment, sbafl =,Ove the Closfi�& tbc, deHvixy and Motding of the SELLE, R Phipexty Dead and PURCHASEWS poswasion of tin Pmperty, 19.12 SELLER acknowledges and ag=s flut SELLER shffdl be responsible for its own allorneys' fees and all costs, if any, incurred hy SELLER, in connection wfth dw twmakm conw=p1sted by this Agmmcut, 19,13 hhIk_&gg&. SElel ERjs public agency subject to Chapter 119, 1rda Stdutes. The PURCHASER shaU comply with Florida's Public Records law. SpocificzHy, ffie PURCHASER shall: a. Kwp and mainlain publie records that ordininply and necemanly would be mquired by the SELLER in order to parfonn the smvice. b. Provide the public with access tosuch public records on the sune to wid condidem that the SELLER would provide the rwoi* and a a cost that does not exceed tboa provided in chapwr 119, Fla. Stat., or as otherwim pmvided by law, 0. Ehmra that public remxk flW an exempt or that am confidential and exempt fiam public reowd reqW=nents we not dMosed except as authorized by law; end & Med all requirementsfor retAwfing public rw*Ws and trawla to ffie SELLEP, at no cos% all public reeor& in possmsion of the PURCHASER upon termination of the contwt &-ad destwy any du ll public. rwards 11at am exempt or confidential and exempt All rwords suited ell ll must be provided to the SELLER in a format that Is c*mpWbIv with the iuformation tecimology syst=s of dw SELLM e, The WIvre of PURCHASER to camply %ith the provisions mt forth in tids AgremerA sbaH consfiftite a Defaidt and Brewh of this Agmment. If PURCHASER Ma to cine the default withm wven (7) days" nodec ftm the MIXER the SHMER my tonoinate the, Agmw.=t MR7547'i FURCHME AGMAMENMIARDNER Pap I I orl I IN WITNESS WBFMF, dw Pardes have cxectftd this Agreamew as of the Effective m BUYER SELLER BOYNTON BEACH COMMUNrjrY 6# !d?© kGENCY By, e4w. ss. iewcrx ame: ,M--' M-T,,Jm ommulTm me . : CRA OWNED PROPERTY CONTROL NUMBERS 08x43- 5-21-110-005-00 50 08-43-45-21-10-005-0090 OS -43-45-21 -10-005-0100 08-43-45-21-04-000-0202 08-43-45-21-10-004-0130 08-4.1-45-21-10-004-0100 08-43-45-21-10-004-0090 08-43,-45-21-10-,004-0080 08-43-45-21 -1 O-OD4-0060 08-43-45-21-10-004-0050 LEWIS LONGMAN & WALKER I PA. A T T 0 R N E Y S A 1 L A W GC1 Development, LLC On Joe 9AWJ.1M=1 -r WITAff wmm- pi MIT MT7MV61M W" Orlando, Florida 32801 rol-TrJUVWXr. TIMTIT 71iis firm represents the Boynton Beach Community Redevelopment Agency C'CRA!", and is writing to you in regards to the above referenced contract. Please accept this as the CRA Notice of Default to Purchaser pursuant to Section 12.3 of said contract. 7be events of defaw-h-i are as follows: 1. Purchaser has failed to obtain a title insurance commitment within 10 days of the Agreement as required by Section 7.2 of same. 2. As a result of the breach set forth above, the title review period, title objection period and opportunities to cure are all untimely. 3. The opportunity for Purchaser to obtain a survey, and object to any conditions show -r, thereon (very likely critical for this project) are tied to the time period set forth above and thus expired. 4. Pursuant to Section 8.5 of the contract, P=haser was to enter into agreements or otherwise obtain sufficient ownership and control of adjacent property to allow the CRA to rezone these parcels (referred to as "Combined Property" in the contract) on or before 120 days from the Effective Date of the Agreement. Purchaser has not obtained such ownership or control and therefore cannot move forward with the project contemplated by the Parties as set forth in the Agreement. TAMPA SAY 101 Riverfront Boulevard a ilk Bradenton, Florida 34205 P 1941-708-4040 a f 1941-708-4024 JACKSONVILLE TALLAHASSEE 245 Riverside Avenue 315 South Calhoun Street Suite 150 Suits 830 Jacksonville, Florida 32202 Tallahassee, Florida 32301 P 1904-353-6410 * 11904-353-7619 P 1850-222-5702 * f1850-224-9242 www.ilw-law.com WEST PALM BEACH 515 North Flegler Drive Suits ISM West Palm Beach, Florida 33401 p 1561-640-0820 0 f 1561-640-8202 GO Development, LLC June 17,2015 Page 2 Please note that if the above items are not cured within the time period set forth in Section 12. 3 of the agreement, the CRA will consider this agreement terminated and take such action required to finalize same. Note that the CRA would be entitled to its reasonable attorney's fees and costs should it be required to enforce the provisions of this termination. If you have any questions or require any additional information, please do not hesitate to contact my office. ,M= OMME. FTII-U� CRA BOARD MEETING OF: July 14,2015 Consent Agenda Old Business New BusinessLegal Information Only Other AGENDA ITEM: XII 1. B SUBJECT: Discussion of the status of the Purchase and Development Agreements between Ocean Ridge Hospitality Group, LLC and the Boynton Beach CRA for the properties located at 211 & 480 E. Ocean Avenue. SUMMARY: In April 2015, the CRA Board selected Salvatore Campanile of Ocean Ridge Hospitality Group, LLC to purchase two CRA owned properties located at 480 and 211 E. Ocean Avenue. At their June 10, 2015 meeting, the CRA Board approved the Purchase and Development Agreement with Ocean Ridge Hospitality Group, LLC in the amount of $255,000 for 211 E. Ocean Avenue as well as the Purchase and Development Agreement with Ocean Ridge Hospitality Group, LLC in the amount of $325,000 for the property located at 480 E. Ocean Avenue. The Purchase and Development Agreements for both properties were fully executed by both parties on June 26, 2015 (Attachment 1). Under the terms of the Purchase and Development Agreement, a deposit in the amount of ten (10) percent of the purchase price was to be delivered to the CRA Board's legal counsel at Lewis, Longman & Walker, P.A. within five (5) days of the Agreement's Effective Date which was determined to be July 3, 2015. As of today, CRA legal counsel has not received the deposit required under either agreement. In addition, CRA staff received the attached email sent by Mr. Campanile providing notice that due to personal matters his investment group has withdrawn the funding for both projects (Attachment II). Mr. Campanile goes on to state that he is confident he can secure alternate funding but will need four to six weeks in order to do so. Both contract agreements are currently in default for not timely providing the required deposits and both agreements would require an amendment in order to provide a timeline extension under Section 18.3 of the contract. The contract agreements do provide the Purchaser a ninety day due diligence period during which time they may terminate the contract for any or no reason and obtain their deposit. Options for the Board to consider: 1. Require immediate delivery of the required deposit per the agreement and amend the development timeline to accommodate the request made by Ocean Ridge Hospitality Group, LLC. . Terminate the Purchase and Development Agreements for being in default of the Deposit Provision. PROJECT:CRA PLAN, PROGRAM OR Downtown Vision and Master Plan, Ocean District Plan RECOMMENDATIONS/OPTIONS: Termi- the Purchase and Development - - - nts with Ocean Ridge Hospitality Group, LLC and the Boynton Beach CRA for the properties located at 211 & 47 A f r being in default of the Deposit Provision of the agreements. — 7 o Vivian L. Brooks, Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board MeetingsWuly 20150scussion of PBD agrmnts with Ocean Ridge Hospitality Group LLC.docx CRA BOARD MEETING OF: March 10, AgendaBusiness WBJECT: Consideration of Proposals for 480 and 211 East Ocean Avenue SUMMARY: In order to help activate Ocean Avenue through its own properties, the CRA Board opted to hire a well-known restaurant broker, Tom Prakas of Prakas & Co. The CRA Board entered into two listing agreements for the CRA owned properties at 480 and 211 E. Ocean Avenue on November 12, 2014 (See Attached Listing Agreements). The listing agreement ended on 2110115. All interested parties had to have submitted a proposal by that date to the broker. To date, the broker received five proposals from interested parties on the 480 East Ocean Avenue property, four from businesses and one from a developer interested in buying and putting a tenant in the space. Additionally, the broker received two proposals on 211 East Ocean Avenue, both to purchase, one from a developer and one for a Bed and Breakfast concept. The attached spreadsheet shows all of the parties that have shown interest in the properties. Those highlighted in yellow met most of the minimum criteria set by the Board as reflected in Exhibit "A" of the Listing Agreement. Based on review of the proposals with the broker, staff supports entering into negotiation with Mr. Bruce Kaplan to sell 211 and 480 East Ocean. Mr. Kaplan has offered $550,000 for both properties. However, staff feels that this number can be negotiated higher. Furthermore, Mr. Kaplan has indicated he will lease to tenants listed on the spreadsheet and that are acceptable to the CRA as soon as an agreement is reached between himself and the CRA. Regarding the 211 E. Ocean property, Mr. Kaplan will take the property through the land use and rezoning changes and the build -out necessary for the chosen tenant that is acceptable to the CRA. Additionally, a right of first refusal to remove both historic structures can be included in the Purchase and Development Agreement to the benefit of the CRA if the properties ever become redevelopment sites and the Agency desires to save the historic structures. FISCAL To be determined, based on the decision and -., _ o z PROGRAM PROJECT: RECOMMENDATIONSIOPTIONS: Staff supports negotiating selling the two parcels for several reasons: 1. The developer will work to get qualified retail tenants in the spaces based on the Purchase and Development Agreement. . The properties will go on the tax rolls and generate TIF revenue. Currently, there is no TIF revenue generated by these properties. . The developer will conduct with the necessary land us, rezoning and build -out for 211. T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2014 - 2015 Board Meetings\March 2015/480 and 211 E. Ocean Proposals.doc Jan r Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORT=ompleted Agenda Item Request Forms by MeetingTY 2014 - 2015 Board Meetings%March 2015/480 and 211 E. Ocean Proposals.doc PURCHASE AND DEVELOPMENT AGREEMENT In consideration of the mutual covenants and agreements herein set forth, the Parties Xrcto agree as follows: 2. EU.P-CHA.SE P.RICE AND P.AYM.ENT. The Purchase Price to be paid for the Property shall be TWO HUNDRED FOW FIVE THOUSAND 00/100 ($ $255,000.00). The parties agree that SELLER is off, nveying the Property to PURCHASER for the construction of a fiW service restaurant serving alcoholic beverages and ha having live entertaimment. SELLER s complied with Section 38 o 163.0, Flrida Statutes, in proceeding with the sale of the Property to PURCHASER - N -AggAwmism" 5. CIA)SING. The purchase and sale transaction oontemplated herein &hall cl()&; within two weeks of SELLER's submission to the City of its Major Site Plan Modification w Construction Permit Application whichever is sooner for the restaurant (the "Closingunless zxtended by other provisions of this Agreement or by written agreement, signed by both parties, -xtending the Closing, 6. TO BE C At Closing, SELLER sbaE convey to PURCHASER, by Warranty Deed complying with the requirera,ii ts of the Title Comnlitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, ftee and clear of any and all liens, encumbrances, conditions, casements, assessments, restrictions and other conditions e=pt only the following (collectively, the "Permitted M]675&1 awroak, 400 FMCH*SEA ND DEVELOPUM AGRFI&ffiW/CwnpauUe Page 2 of 16 7.1 Se r' Documents. SELLER shall deliver to PURCHASER the following documents and instnunents within live (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineerin& smeys, soil bmings and ot1w physical reports) in SELLER"S possession or control with respect to the physicul conchtion of the Property, if any. PURCHASE AND + d Page 3 of 16 PURCHASE AND DEVELOPMENT Page 4 of 16 PURCHASP AND DEVELOPMEN r AGREEMEM /Campanile Page 5 of 16 1. l d i s4At Closing SELLER shall obtaill, or cause to be obudn4 satisfaction or release of record of all mortgaps, liens and judgments applicable to and encumbering the Property, 11. REPRESENTATIONS COVENANTS AND WARRANHES. 11.1 _and Warranties, SELLER hereby represmts, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.3 Title, SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fm simple title to the Propierty, free and clear of all liens, encumbrances and resItictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be dayday l �wged at Closing), 12.2 &_�LLEIVSDefaqlt. in, the event that SELLER shall fail to fully and timely perfbrm any of its obliptions or covenants hereunder or if any of ELLE V' rMosentations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this PURCHASE AND DEVELOPMENTAGREEMENT/Campamle Pap 6 of 1 AFwment by notice delivered to SELLER, in whichmay terminate this Agreanent and be entitledf its deposit or seek specific perforniance. 12A Survival. The provisions of this Section 12 shall survive the termination f this Agreement. 1. NOTICES, All notices required in this Agreernent must be in writing mid AWI b consideredliarered when remved by cartified mail, remm receipt roquest4 dcHvery to the following addresses: If to Sellen Boynton Bm& Co=imityRedevelopment Agency Executive it t r, Vivian L Brooks 1 . Federal Highway Beach,Boynton Florida 33435 With a copy tea- Tom Duhy, Esq, Lewis, Longman & Walker, P.A. 15 North FlaglarDrive, Suite 1500 West Palm b, Florida 33401 If tCampanile 3725 Diane DTive Boynton Beach, FL 33435 15. RISK OF LOSS, In the event the condition of the Property, or any part theiwt is materially ally alt by an act of God or other natural force beyond the control of SELLER, PURCHASER l its sole option, to tmminatcs Agreement t.e parties shall bave no obligations tl-fis s. t� or PLIRCHASER may accept the Property wiWout any reduction in the value of the Property and the Development 'fills set fo-rth in �ONURWTAU* —firl Paga 7 of 16 Section 18.3 below shall be reasonably adj utual agreement of p3 ft accommodate same.. 16. BROKER FEES. k hereby confirms that it has dealt with Prakas & Co. as broker in connection with the tmnsaction shall be responsible for paying Prakas & Co. a five percent (50A) commission on the purchase price at the closing of the Property 17. EWIRONMENTAL CONDMONS. 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, licetim, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE pROpERTye SELLER and PURCHASER adajowledep that the of developing a fall service restaurant. 18.1 SELLM 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 tc) PURCHASER at its next regularly scheduled Board meeting. 18.2 Economic DgyelgLxnent Coat Incentives and Funding, The SELLER shall provide the PURCHASER with the following Boynton Beach Community Kedevelopment Agency Economic Development Grants if needed, to induce the enhancement TT,d1or impansion of the restaurant: a. Commercial Fagade Grant - Purchaser shall be reimbursed up to maximum amount of $25,0W with a $25,000 match by Purchass Is Said fimds to be reimbursed witbin thirty (30) days of receiving I Certificate of Occupancy providing Purchaser has timely submil all required construction cost documentation. b. Commercial ConsVuetion Projed Incentive Program — shall be reimbursed the building permit fee of 2.3% if the proj cost is less than t $250,000 in construction value (as stated on construction permit application) and 3.3% if the construction exceeds $250,000. Said funds to be reimbursed within Jdrty (3 days of receiving a Certificate of Occupancy providing has timely submitted all required construction cost documentati Maximum Reimbursement not to exceed $66,000. C. Interior Build -Out Grant - Purchaser to be reimbursed anwanj 0 up to $45,000, to be paid on a reimbursement basis within ' (30) days of the Property receiving a Certificate of 0 pan PM bu( Providing Purdhaser has timely submitted TI construed Z11=4 PURCHASE ANDDFVriLOPMWJ',kCrRE'FIAENT/Cmi paidle, Page 8 of 16 cost documentation. A $45,000 match is required by the PURCHASER. SELLER hereby agrees that PURCHASER is not required to apply fbr and fill out all CRA program forms applicableto each Economic Development Grant program. However, all of the rules of the grant program must be adhered to, N the CRA Economic Development C=nt progrms change fi-om the time of this Agreernent and the time that the Seller accesses the Economic Development Grant funding, the, funding amounts shall remain as stated above. 18.3 PgyelopmentTimeline. lu order to ensure that the public purpose is being mt� the following events must be &cumented in writing and provided to dw SELLER upon completion of each. Time is calculated from the Effective Date. PURCHASER the it marketv , asd t d t ddM party appraisal. In addition, PURCHASER qhaH execute a reverter agreement in the form set fbith on � "� " L SELLEWS PURCHASER hereby grants SELLER a right of first refusal Property In accortlance withbelow: a- If at any time, PURCHASER receives either a bona fide written offer by a willing third paly to purchase all or part of the Property whichASE d to accept, or a agreementpurchase which PURCHASER intendsto enter into C` % PURCHASER shall give written notice to SELLERt the addressbelow ammpanied by a copy of such Offer at least tbirty (30) days befbre the date of contemplatede. m If SELLERl its Right of Fimt Refusal within e time stated above, the Right of First Refusal shall have no more force and effect. . MISCELLANEOUS, 22.1 General,This Agreement, and any amendment hereto,be executed In any nwnber of counterpaTts, h of which shall be d=ned to be an criginald all of which shall, together, constitute one and the same instrument. The section and paragraph headnip herew contained are for the purposes of identification only and shall not be considered in ffayrsvy PURCHASE AND DEVELOP AUM AGREENIENT/Companite Page 10 of 16 22.5 Sfferability. If any provision of this Agreement or the application thereof shall, for any reason and to any eatent, be invadid or unenforceable, neither the remainder of this Agreenrent not the application of the provision to other persons, entities or circumstances shall be aff-eated thereby, but instead shall be enforced to the maxftnum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 22.6 ffmandwrritten Provisions. Handwritten pruvisions imerted in this AgIvearent and initialed by CPA and SELLER shall control all pdrned provisions in contlid thawMth. 22.7 MMA"ver of M agreeing to enter ,LhMLjdph As an inckicement to PURCHAW PURCHASE AND DENS LtiPMF,.VI'AC-iRFT]�fL,NT/Carr.pwmlo Far, I I of 16 e. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute >D ,Gd\ and Breach of this Agrmment If PURCHASER fails to cum the defitult within se»»«(7\days' notice from the SELLER the SELLER may temn;«<« ee£ < 1,1III !III 11111�11111;, jipjii�111 :11�111�1111111111 4,111! 1 M I I , 4, � L',Iljk!.d 14 I D I www"=�ffiw A P14"dM NA)z I WN W Mu 01 IT W Title:Title: Chair Date: at/ice MLL .747 1' , '0 Vol Zq�q . - MO 6711 =.-, 0 4 1 r- M. Mil=,9 '*),,A fol, k7i QLi;WTT,' FIQ AFAL IVE s4lPj7.T*=7Mr,'r77=T 7fi-Mml. I ovll:kzflwA ill*) ulrfIT-3 rA-.171777"T.7777177! P-7'MIT74771710 FT -V. MI�M M= 777-711 Exhibit "A" Legal Dese i don rip Lot 1, 3 & 14, Block 4, ORIGINAL TOWN OF BOYNTON BEACH, according to the Plat thereof, recorded in Plat Book I. Page 23, of the Public Records of Palm Beach County, Florida PCN #08-43-45-28-03-004-0130 00516750-1 CvMpVac400 MCI M1 IrshFA IV ZINT40*14:0M M LIN 1 zM1119:3 "'IV W ZWWO 10100 ky, 10 Nla A. The SELLER has conveyed to the PURCHASER that certain real estate dwmbed on Exhibit attached hereto (the "ProperW) pursuant to a Deed of even date herewith between the SELLER and PURCHASER. B. The PURCHASER has agreed to construct certain Improvements on the Prop m aocordanoe with the giddefines and criteria set forth on in the Purchase and Develo Agreen=t. C. The Deed shall provide that if the PURCHASER does not construct Improvements as set forth in this Agreement, then the Property shall revert to the SELLER. D. Further, the Deed 9WI provide that if the PURCHASER fails to keep - 1 is — CRA approved use as set forth in Exhibit "C" hereto, the Property shall revert to the SELLEI L NOW THEREFORE, in consideration of the transfer of the Property to PURCHASER and other the parties agree as follows: 1 . PURCHASER agrees at its sole cost and expense to complete conmetion of the Improvements in wcordance with the term of the Purchase Development Agreement attached hereto by no later than September 1, 2016, (the "Compl Date"). 2. In the event the Improvements are not completed by the Completion D the Pro,=. -A shall revert to and themfter become fee simple real estate owned bo the SEL .......... Within 30 days of the written request of the SELLER, the PURCHASER will provide a gencr warranty deed to the Property in form and substance amaptable to the SELLER evidencing reconveyance of F 3. During the construction of the Improvements, PURCHASER will n place any additional liens or encumbrances on the Property except as consented to by SELLER. I1 that regard, the SELLER agrees not to unreasonably withhold i to , 1111 , 11 y.VI 11, 11 1 IIIIA1511 1� I r,11) 6 11 111 r construction loan financcd with a commercial bank or similar lender intended to fimd the construction and development of the Improvements. In such an event, the SELLER will enter into a Subordination Agremnent in form and satisfiictory to such lender. Upon completion of the Improvemmts satisfactory to the SELLER, the SELLER agrees to issue a letter acknowledging the release of the reverter rights described li=in. 4. Following the completion of improvements and issuance of the Certificate of Occupancy, the PURCHASER must ensure the restaurant facties, or other approved CRA uses as set forth in Exhibit "C", or as approved 'by the CRAjamain open for business during normal business hours and for not law than 40 hours a week. Failure to do so for any nine month period shall authorize the SELLER to exercise the Teverter provision within the Deed. Should tIl' SELLER exercise this right by providing 30 days written notice to PURCHASER, it will reimburse PURCHASER the fair market value of the property, as determined by an independent third party apprwjW. Thereaft, PURCHASER will provide a general warranty deed to the Property in form and substance acceptable to the SELLER evidencing the reconveyance, of the Property to SELLER. This reverter provision shall automatically expire ten years from the Effective Date of the Agreement. This Agreement shall be binding upon the parties hereto and shall be binding upori and rnure to the benefit of their successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Fl1 This Agreement may only be modified or amended by a written agreemerit signed by horized representatives of the parties hereto. T,111117,71 MW 0 PURCHASE AND DEVELOPMENT AGREEMENT In consideration of the muftW covenants and agreements herein wt forth, the Parues hereto agree as follows-. Ball 3. 2E -POSIT. PURCHASER shall deposit ten percent (10%) of ffic purchase 7i,rice within five days of the Effedive Date with the SELLER'S escrow agent Lewis, Longard and Walker� P.A. 4. EFF CTIVE DATE. The date of this Agreernent (the "Effective DaW) shall. be the date when the last one of the SELLER and PURCHASER has signed the Agreement. I 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 Modif=tion or Constnwtion Permit Application whichever is sooner for the restaurant (the "Closingunless zxtended by other =*sions of this A-i-trec ITRAVOR , 6. TrILE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed OMPIY1119 with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fm simple to the Property, free and clear of any and all liens, encumbrances, conditions, easeirrents, assessments, restrictions and other conditions excqA only the following (collectivelY, the "Permitted W50"n-I C=Van&,40 PURCH.ASE AND DEVELOPMENT AGREEMENT/Campmae Pap 2 of 1 f accep� pursuant to Section 7.1 and Swtion 7.2 r 7.1 SeAer's Locuments. SELLER shall deliver to PURCHASER documentsfollowing .. insh=ents within !!!11111 ill 11 IF lillif PTIRCIUSE AND D IDPAOR-E,,--,MPN''' Page 4 of 16 1pmile PURCHASE AND DEVELOPMENT AGRFE-MENIT/Carnpanfle Page 5 of 16 10.4 At Closing, SELLER shall obtain, or cause to be obtained, satisfacdon or release of rec*rd of all molthouges, liens and judgments applicable to and encumbering the Froperty 11.1 SES LERhembyrqreamts, covenant& and warrants to PURCMASER, as of the Effective Date and as of the Closing Date, as follows: 113 Title. SELLER is and -will be on the Closing Datm the owner of valid, good, marketable and insurable fee simple title to the Property, fiw and clear of all liens, encrtmbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be disdutrged at Closing). 11 DEFAUI 17. L 12.2 5ELI!R:LRghWI in the event that SELLER shall fail to fully and t1Y Perform any of its obligations or covemnis hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the oontrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which evtmt PURCI-IASER may tanninate this on= PURCIUSE AND DEVELOPALENTREEML JkC /C .1e, Page 6 of 16 Ageement and be entitled to a return of its deposit or seek specific performance, 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13- NOK—Es. All nOtiCCs required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return rezeipt requested, or personal defiverY to the fbIlowing addresses: If to Seller: Boynton Beach Community Redevelopment Agency Execative Directok, Vivian L. Brooks 710 N, Federal Highway Boynton Beach, Florida 33435 With a copy to Tara Duhy, Esq. Lewis, Longman & Walker, P.A. 5 15 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to Buyer- Salvatore Campanile 3725 Diane Drive Boynton Bcwh, FL 33435 17. ENVIRONMENTAL CONDInONS. To ffie best of SELLER'S lmowledge, the Property and the use and opez-&on themof am in compliance with an applicable county and governmenW laws, ordimces, mgWations, licensm, pemts and auIli ruMons, mclu&n& without limitation, applicable zonmg and environmental laws and regulations. 18. PEMIDPhMa AND SALE OF THE PROPERTY, SELLER and PURE CHASR m! 41 that the Properti,,_Ls beinq sod tfP7 _lIL of developing a fiffi service restaurant serving alcoholic beverages and having el 18.1 SELLER Desigg Anrg3W. r 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 fx)r review. SELLER sluffl provide comments to PURCHASER at its next regularly scheduled Board mwflng. 18.2 Eommic Develppment Grant Lncentives and Funding The SELLF R shall provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency Economic Development Gmts and funding if needed, to induce the enhancement and/or expansion of the restaurant: a, Commercial FaWe Grant - Purchaser shall be reimbursed up to maximum amount of $25,000 with a $25,000 nudch by Pumh Said %nds to be reimbursed within thirty (30) days of receiving 1 Certificate of Occupancy providing Pin-chasez- has timely submiJ4 all required construction cost documentation. b. Commercial Construction ProJed IaOmtive Program — Purchaser shall be reimbursed the building permit o 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 fiinds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely subnAtted all required construction cost dw=entation. Maximum Budding Permit fee Reimbursement not to exox $66,000. C. Interior Build -Out Grant — Purchaser to be reimbursed an amo up to $45,000, to be paid on a reimbursement basis within (30) days of the Property receiving a Certificaft of Occupan 11 j providing Purchaser has timely submitted 1ll required constructi PURCHASE AND DEVELOPMENT AGR ".. N -f l Page 9 of 16 cost documentation. A $45,000 match is aquired by the PURCHASER. herebySELLER agrees that PURCHASER is not required to applyfor and fill out an CRA program fonns applicableeach Economic Development Grant progmm. However, rules of the i progrmns must be adhered to.' time CRA Economicever t Grant programs change from the time s Agreement and the time that the Seller acomsesthe Economic l t Grant fimdin&the funding amounts shall rmnain as stated above. 18.3 Icy t Timelizie. Ln order to ensure that the t blit purpose is being met, the "mm is must be documentedin wifting and provided to the SELLERu pon compledon of each. Time is calculated fi=n time Effective Date. PURCHASE ANT) 13.riVELOP?v'g.,,W,ACTRI.-,,EMY!,,Nl'/Canipanire Paw. 9 Of 16 Within the tilmeframes set forth above, but PURCHASER and SELLER agreethat time is of the essence. 21. SEULER'S FIRST RIGHT OF REFUSAL 719'0 P1,11,101ASE PROPEItTY. I-'UR(,'HASL'7.R hereby grants, S, ER a r - fit o ., first refusal to purchase the Pro�wy—in accord-=ce with the terms below. & If at any time, PURCHASER receives either a bona fide written offer by a willing third pwty to purchase all or put of the Property which PURCHASER intends to accept, or a purchase agreement which PURCHASER intends to enter into (-Offieej, PURC14ASER dWI give written notice to SELLER at the address provided below accompanied by a copy of such Offer at least thirty (30) days before the date of contemplated sale. C. If SELLER fails to exercise its Right of First Refusal within the time stated above., the Right of First Refusal shall have no more form and effect, 22. I�fflSCMLLLk 14 E OU S MMMMM PURCHASE AND DEVELOPMIM'AGRP-EMENT/Cunpawe Page 10 of 16 mosism FURCHME AND DENTLOPMENT AGRIMIMENUXampanfle Page, I I of 16 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 term 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. Enswe that public records that are exempt or that are confidential and exempt fi-om public record requirements are not disclosed except as authorized by law; and v. The fidlure, of PURCHASER to oomply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to ewe the default within seven (7) days" notice from the SELLER the SELLER may terrainate the Agreement THIS SECTION LFFT BLANI.' COM324 ± « « *: >*f»z � � 2 *2 >» ? « « � WE JIVOIZI yJa2mum4pli 7 I'l Mti ;r D oil IM 11 E =51 I Exhibit "A" Legal Description Lot I and 2, Block 8, BOYNTON, according to the Plat thereof, recorded in Plat Book 1, Page 23, Public Records of Palm Beach. County, Florida W50"3Z.1 campmant QO I. I I , ;' b inn I"- "-. E IFM a * LMV'j—M4ef' "Militl This REVERTER AGREEMENT is dated as of this day of 2015 by and between the Boynton Beach Connnunity Redevelopment Agency (the "SELLT and Ocean Ridge Hospitality Gmup, LLC, having an address of (t he "PURCHASER"). A. The SELLER has conveyed to the PURCHASER that certain red wtate described on Exhibit attached hereto (the "Property") pursuant to a Deed of evmi 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. C. The Deed shall provide that if the PURCHASER does not construct the Improvements as set forth in this Agreement, then the Property shall revert to the SELLER. D. Further, the Deed shall provide that if the PURCHASER fails to keep the CRA approved use as set forth in Exhibit "C" hm-eto, the Property shall revert to the SELLER - NOW THEREFORE, in consideration of the transfer of the Property to the PURCHASER and other consideration, the receipt and sufficiency of which am acknowledged, 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 term of the Purchase and Develo - oient A!.,,eenient attached hereto bp no later fim Fcbru:wiou�016 Aie "CoMdetion Date"). 2. In the event the Improvements am not completed by the Completion Date, tI':" Property in form and substance acceptable to the SELLER evidencing the reconveyance of the Propeaty. EL-IMAMI W1 Page 15 of 15 3. During the construction of the Improvements, PURCHASER will place any additional hens or encumbrances on the Property except as consented to by SELLER. f'.1 regard, the SELLER agrees not to unrmonably withhold its consent to construction loan firtanced with a commercial bank or similar lender intended to fimd construction and development of the Impruvernents. In such an evenhe SELLER will en into a Subordination Agreement in form and satisfactory to such lender. Upon compled on tI' Improvements satishwtory to the SELLER, the SELLER agrees to issue a lett acknowledging the reIeme of the rcvmter rights described herein. 4. Following the completion of improvements and issuance of the Certcate as set fortli in Exhibit or as approved by the CRA4unain open for busi=s d&umming business hours and ►for not less d= 40 hours a week Failure to do so for any nine month perio, shall authorize the SELLER to exercise the reverter provision within the DeW. Should SELLER exercise this right by providing 30 days written notice to PURCHASER, it wi reirdbume PURCHASER the fair maket value of the property, as determined by an ind third party appraisal. Ttereafter, PURCHASER will provide a general warranty deed to ff-roperty to SELLER. Tbis revcrter provision shall automatically expire ten yem finm th Effixfive Date of the Agreement i This Agreement shall be binding upon the parties hereto and "I be binding upon and fmure to the benefit of th.L* successors and assigns. o I i, I I ff T - r-111277 117 '161 74 FrOT77=70 9-10 "1. TWs Agreement may only be modified or amended by a written agreement signed by authorized representatives of the parties hereto. Y T or, Ch - or, che Tr Simon, Michael From: Salvatore Campanile <unaverapizza@aol.com> Sent: Monday, July 06, 2015 8:19 AM To: Simon, Michael; Brooks, Vivian Subject: 480 and 211 / have received very bad news from my investors. Apparently due to personal matters they are withdrawing from this project. I am baffled to say the least. I am confident I can find new investors but I will need 4 to 6 weeks time. Please advise ...... From:Simon, Michael Simon, Michael Monday, July 06, 2015 5:42 PM 'Salvatore Campanile'; Brooks, Vivian Subject: RE: 480 and 211 Hello Sal: In response to your email below, any amendment to the fully executed purchase contracts can only be made at the direction and approval of the CRA Board. Due to these new and unfortunate circumstances, CRA staff will be presenting the current condition of the purchase contracts as well as your request for a time extension to seek alternate financing to the Board at next Tuesday's meeting. Your attendance at this meeting is recommended if you want the opportunity to speak to the Board regarding your request. If you have any questions, please don't hesitate to contact me. From: Salvatore Campanile fmailto:unaveragizza@aol.com Sent: Monday, July 06, 2015 8:19 AM To: Simon, Michael; Brooks, Vivian Subject: 480 and 211 Good Morning, 1 have received very bad news from my investors Apparently due to personal matters they are withdrawing from this project. 1 am baffled to say the least . 1 am confident 1 can find new investors, but 1 will need 4 to 6 weeks time. Please advise ...... Michael Simon, assistant Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 o: 561-600-9091 ¢ f: 561-737-3258 Si o bf1.us I www.catchbonton.corn L i RA Like us Y h ' 1 l Consent Agenda I X I Old Business I I New Business I I Legal I I Information SUBJECT: Consideration of the Renewal of the Exclusive Listing Agreements with the Brokerage firm of Prakas & Co. for the CRA Owned Properties located at 480 E. Ocean Avenue and 211 E. Ocean Avenue. SUMMARY: At the November 11, 2014 meeting, the CRA Board approved entering into an Exclusive Listing Agreements to enlist the commercial real estate brokerage services of Prakas & Co. for the leasing and or sale of the CRA owned properties located at 480 E. Ocean Avenue and 211 E. Ocean Avenue (Attachment 1). The current Exclusive Listing Agreements expired on February 10, 2015, but under the terms of the agreement Prakas & Co. has continued to be actively involved in representing the CRA during the proposal evaluation and selection process as well as assisting in the development of the Purchase and Development Agreements with the Ocean Ridge Hospitality Group, LLC for the purchase and redevelopment of both the 480 and 211 E. Ocean Avenue properties. CRA staff would like to recommend the renewal of the Exclusive Listing Agreements with the brokerage firm of Prakas & Co. for the CRA owned properties located at 480 E. Ocean Avenue and 211 E. Ocean Avenue for a period of six months in order to continue the solicitation of offers to lease or purchase these properties (Attachment 11). CRA staff has amended the list of required documentation section of Exhibit "A" of the agreements to include a credit report, copies of the last two years tax returns, audited financials (if a corporation) and a portfolio of current development projects or commercial properties, owned by the proposer including photographs and property descriptions. CRA staff has made revisions to Exhibit "A" of the listing agreements to provide additional language consistent with the Request for Proposal documents and to modify the list of required documentation that must be submitted to the Broker. PROJECT:CRA PLAN, PROGRAM OR Downtown Vision and Master Plan Ocean_nue and 211 E. OceanAvenue. BrooksVivian L. Executive - ■ T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board MeetingslJuly 20151Renewal of Prakas Agreements 480 & 211.doc 1 t I q 1W UL;1J11;q i 1;,�I; I , a 1PI 1800 NW ls' Court : ANj FUMULTALMA-32- (561) 368-0003 RON 6 i FAIM 01 W V.3'. M AWArm"WOMALMIN In consideration of the services of Broker, Owner exclusively lists with Broker for a perio! commencing November 12, 2014 and terminating at midnight February2015 the following property, 490 E. Ocean Avenue, Boynton Beach, FL 33435 (herein after PROPERTY), on the following terms. Broker is given the sole and exclusive right to sell or lease the Property on the terms and conditions outlined in Exhibit attached hereto and made a part hereof Broker shall be responsible to obtain documents from potential l! A Uf 7j-1UYrUP-QTq7a17j0D- WWR Unu 0011glu1ns or Ms agreemeni WIT NuMmaucaly extenct Iftrough the date of the actual closing of the sales contract. In consideration of the efforts of Broker in securing an offer to purchase or lease the Property, Owner agrees as seller or lessor to pay a professional so -vice fee to PRAKAS & CO Broker as follows: 101" T = W, =7 Ml lis I . In the event of a lease of the Property by Broker or by anyone, including the Owner, Owner agrees to pay Broker a commission computed at the Broker's minimum rates as follows. (a) The commission on the rental shall be equal to 5% of the ban lew rental amount for the fiffl term of the initial lease or five thousand dollars ($5,000.00) whichever is greater. If the lease is co -brokered the commission shall be 6% of is lease rental amount for the fidl term of the initial lease. M11 2. In the event of a sale of the Property (which may include inventory of the Owner and/or assets of the business, as applicable) at a Selling Price acceptable to Owner, to a purchaser presented to Owner or found Price. The sales commission shall be due and payable at the consummation of the sale transaction, except T-T117Y16-L otherwise provided in this agreement Minimum commission payable to Broker is ten thousand dollars ($10,000.00). As used herein, "Selling Price" shall mean the gross consideration to be paid by the purchaser to or on behalf of Owner as and for the sale of the Property (which may include inventory of the Owner and/or assets of the business, as applicable). Commission Rights 3. All commission amounts indicated herein shall be paid to Broker in the event of a sale, lease, exchange, or transfer of any interest in the Property, including stocks or shares in the Property, or the entity owning such Property. If the Property is sold or leased by Owner or for Owner, within six (6) months after termination of this agreement, to a purchaser or lessee with whom either Owner, Broker or any other real estate licensee communicated regarding the Property during the period of Broker's exclusive agency, Broker shall be entitled to the full sale or lease commission, as the case may be, as set forth above. 10, ml� 4. Owner represents that Owner is lawfully in possession of the Property and has the power and authority to make a sale or enter into a lease on the terms and conditions recited above. Owner represents Vag the title to the Property is marketable and the Property can be sold or leased by Owner on the terms and conditions recited above. In the event of a sale- OR= i_tlrr -, W , F&,yrAqQer Log"fl, (a) All inquiries from any source whatsoever shall be referred by Owner to Broker, and all offers submitted to Owner by anyone other than Broker shall immediately be brought to Broker's attention, before acceptance orrejection by Owner. (b) Owner shall provide keys to Broker and make the Property available for Broker to show during reasonable times or access to said Property if vacant, occupied or otherwise. (c) Owner shall notify Broker prior to leasing, mortgaging or otherwise encumbering the Property. (d) Owner shall perform any act reasonably necessary to comply with Federal investment Red Property Tax Act "FIRPTX' (Internal Revenue Code Section 1445). (e) Owner will make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer or lessee. Owner represents there are no material facts (pending code citations, building code violations, latent defects, etc.) other than the following: Underlying property must be transfernd from the City to the CRA if a sale is approved by the CRA to a potential buyer. Owner ®1 immediately inform Broker of any material facts that arise a&r execution of this agreement Page 2 of 5 (GOwner will consult with appropriate professionals for specialized advice such as foreign NMIF reporting requirements� legal, tax and environmental matters. (h) Owner warrants the accuracy of the information set forth in this agreement, including the attachments and addenda hereto and agrees to indemnify and hold harmless Broker and those parties relying thereon for any damages as a result of such errors. (a) to use diligence in obtaining a purchaser ot tenant who meets the requirements set forth in Exhibit "A," however, this agreement does not guarantee the sale or lease of the Property. (b) to present all offers and counter-offers in a timely manner regardless of whether thij Property is subject to a contract for sale. (c) to take reasonable measures to prevent damage to the Property while the Property is ftbeing viewed by others, however, Broker shall have no liability for any loss, vandalism, theor damage of any nature to the Property. Advertising & Marketing 7. Broker may erect appropriate signs on the Property and advertise the Property for sale or lease in newspapers, trade periodicals, the Internet, and any other appropriate media that Broker may deem advisable. Broker may prepare and distribute brochures if Broker deems the Property suitable for this type of promotion. Broker may place the Property in a multiple listing service (MLS). Owner authorizes Broker to report to the MLIS/Association ofRealtors this listing infbrmation and price, terms and fmancing information on any resulting sale. Owner authorizes Broker, the NffiS, and/or Association of Realtors to use, license or sell the 2ctive listing and sold data. Broker may provide objective comparative market arialysis information to potential buyers or lessees. 8. If deposit money paid on account of a proposed purchaser or lessee is forfeited by such purchaser or lessee, half (1/2) of the deposit money shall be retained by/paid to Broker, provided the amount does not exceed Broker's commission due hereunder. This sum shall be deemed to be full payment to Broker for services rendered under this agreement in connection with that particular transaction. The other half of the deposit money shall be paid to Owner. V 9. Discrimination in the selection of potential tenant and purchaser because of race, creed, religiol handicap, color, national origin, sex, marital status or any other factor protected by federal, state or local law rerohibited. Successors and Assigns I III ��111 Jill I'' ;1111�l 1�11 111111 1111=1 6 1"11 1 T IT I! I I Wif;RWI YkC- - 11. Owner warrants that it has audwrized this exclusive -listing agreement by and through a -v authorized agent or if unincorporated, Owner has authority to act for all parties in interest. Escrow Requirements 12. All money paid on account of the real estate tramaction to Broker, regardless of the payment form shall be retained by Broker, Owner's attorney, or a third party as agreed upon by the applicable parties in an escrow or trust account for the benefit of the parties to the transaction. Receipt ,o;1,. 13. Owner acknowledges receipt of a copy of this exclusive listing agreement and accepts the terms and conditions contained in this agreement. Any modifications to this agreement shall be in writing and signed by both parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be original, and all of which logether shalt constitute one and the same Agreement. A signature delivered by facsimile shall be deemed to be an original signature and shall be effective upon receipt thereof by the other rrarty. Lien Rights W-70MM-PUMMIM I low 1AML against your net sales proceeds for the broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. Indemnification 15. Owner agrees to indemnify Broker and hold Broker harmless from losses, damages, costs or e es of anv nature. includina attornev's fees. and from liabili 1a3-&.=V7jW1 "Irl, wig I== 1T3M lot No 1 Il &irA;1hYVja 1XI-1 a 1&Ur Nno -1-ans7c1ion is entitled to compensation from Broker. =- ,M, ►i I I � % A I I t v I 1 11 11 1 WTjr,MWj'M0r4 "V.JrKATZ. 1 6 4. =F, ft parties have sipW tWs Agreement this —&— day of S 2014. (mv.3nim) DhO B RS. dW/b/a PMRAKAS & CO. C Z les C. w S CPrmakas OEM" 1 1 Y 11 1 1 1 1 ■ 1 =5 F 1 1 1 1; C Desired Hours of Operation: aminimum i l l 1 lii Monday through Sundayor additionalhours of operation p1 1 `# by Owner. Parties interested1 submitting an offer to lease or purchase must provide - IN [ 1. interested partyhas owned #i operated a bar or - pleaseod' proof of management & of another type of business. & A detailed description of prior or currently owned or operated restaurant and/or bar establisbments. 9 A detailed description of the proposed restaurant and/or bar concept, menu, hours or operation for the proposed . I and/or bar. ".. @ Three references from vendors that supply(ied) goods or services to the current or prior restaurant and/or bar operated restaurant and/or bar. a Evidence of the fmancial capacity of proposer to fulfill the obligation to either lease or purchase the, property .1#t financially#fit ongoing use 4 the ■ ##_` Name of 1rporatia 1. Boynton Beachx.11 m` ` k Redevelopment m, 1,°Agency Beach Contact person: Michael Simon 11561-737-3258- ° c simonim@bbMus Business i ss: sets: sea mets Included In Sale; Furnishings B Fixtures & Equipment- See Exhibit "B"– Purchase/ SALE Price: –T]3D– Down Payment: _ TBD_ Gross Sales; — N/A Owner's Comp: Year— N/A - Lease Rate: S Per Mo. rGross- GOMP47-1 Real Estate Taxes: _AO64 (annual) _ Insurance: _S4,637 I — l) FloridaBasic Expense Items: Electric: X-F?L Gas: X — .i LeaseafDeed0ranchise R+estrictlons/Exclusivea: Deed restriction on tearing building dawn or resale without the Ownees, approval or consent Advertising / Property Signs: Yes Shaiwing Instructions. Will provide key and alarm code. Comments: None 17MF =71fl N9 --0 A A W oil Florida's Premier Restaurant Broker !'ICourt BOCA RATON.- FLORIDA 33432 i68-0003 OF !PROPERTY rr � �� Lot P ' 11r.1111" ' ♦ E ► t i ■ ► i► 1 , ►iWIN ► *, the date of the actual closing of the sales contract. In consideration of the efforts of Broker in securing an offer to purchase or lease the Property, Owner 2grees, as seller or ► 1 pay a professional service fee t► Broker ► 1+ Lease ssi I , In the event of a lease of the Property by Broker or by anyone, including the Owner, Owner agrees to pay Broker a commission computed at the Broker's minimum rates as follows. Sale Commission I . In the event of a sale of the Property (which may include inventory ofthe Owner and/or assets of the business, as applicable) at a Selling Price acceptable to Owner, to a purchaser presented to Owner or found by Broker or by anyone, including Owner, Owner agrees to pay Broker a sales commission of 5% of the Selling Price. The sales commission shall be due and payable at the consummation of the sale transaction, except otherwise provided in this agreement, Minimum commission payable to Broker is ten thousand dollars ($10,000-00). As used herein, "Selling Price" shall mean the gross consideration to be paid by the purchaser to or on behalf of Owner as and for the sale of the Property (which may include inventory of the Owner and/or assets of the business, as applicable). Commission Rights 3. All commission amounts indicated herein shall be paid to Broker in the event of a sale, lease, .-Xchange, or transfer of any interest in the Property, including stocks or shares in the Property, or the entity s such Property. If the Property is sold or ]eased by Owner or for Owner, within six (6) months after termination of this agreement, to a purchaser or lessee with whom either Owner, Broker or any other real estate licensee communicated regarding the Property during the period of Broker's exclusive agency, Broker shall be entitled to the full sale or lease commission, as the cme may be, as set forth above. Marketable Title 4. Owner represents that Owner is lawfully in possession of the Property and has the power and authority to make a sale or enter into a lease on the terms and conditions recited above. Owner represents that the title to the Property is marketable and the Property can be sold or leased by Owner on the terms and conditions recited above. In the event of a sale, Owner agrees to furnish the purchaser a good and sufficient bill of sale. 5. Owner agrees to the following-, (a) All inquiries from any source whatsoever shall be referred by Owner to Broker, and all offers submitted to Owner by anyone other than Broker shall immediately be brought to Broker's attention, before acceptance or rejection by Owner. (b) Owner shall provide keys to Broker and make the Property available for Broker to show durinn, reasonable times or access to said Property if vacant, occupied or otherwise. (c) Owner shall notify Broker prior to leasing, mortgaging or otherwise encumbering the Property. (d) Owner shall perform any act reasonably necessary to comply with Federal Investment in Real Property Tax Act "FIRPTA" (Internal Revenue Code Section 1445). (e) Owner will make all legally required disclosures, including all facts that materially affect thi-, Property's value and are not readily observable or known by the buyer or lessee. Owner represents there are no material facts (pending code citations, building code violations, latent defects, etc.) other than the following: Underlying property must be transferred from the City to the CRA if a sale is approved by the CRA to a potential buyer. (f) Owner will immediately inform Broker of any material facts that arise after execution of this agreement. NADW,33-1 2 (g) Owner will consult witb appropriate professionals for specialized advice such as foreign reporting requirements, leg tax and enud matters. (h) Owner warrants the accuracy of the information set forth in this agreement, including the attachments and addenda hereto and agrees to indemnify and hold harmless Broker and those parties relying thereon for any ,.l' as a result of such errors. Advertising & Marketing 7. Broker may erect appropriate signs on the Property and advertise the Property for sale or lease in newspapers, trade periodicals, the, Internet, and any other appropriate media that Broker may deem advisable. Broker may prepare and distribute brochures if Broker deems the Property suitable for this type of promotion. Broker may place the Property in a multiple listing service (MLS). Owner authorizes Broker to report to th,-; MLS/Association of Realtors this listing information and price, terms and financing infort-nation on any resulting sale, Owner authorizes Broker, the MLS, and/or Association of Realtors to use, license or sell the active listing and sold data. Broker may provide objective comparative market analysis information to potential buyers or lessees. 8. If deposit money paid on account of a proposed purchaser or lessee is forfeited by such purchaser or lessee, half (1/2) of the deposit money shall be retained by/paid to Broker, provided the amount does not exceed Broker's commission due hereunder. This sum shall be deemed to be full payment to Broker for services rendered under this agreement in connection with that particular transaction. The other half of the deposit money shall be paid to Owner. 9. Discrimination in the selection of potential tenant and purchaser because of race, creed, religion, handican i color, national orlalm sex, marital status or anv other factor grotected by federal. state or local law Is 61140HOU-01M Successors and Assigns 10. This agreement shall be binding on the successors and assigns of Owner and Broker. 0"09933.1 3 T, T, T, T, T, PSIMMIT"rWrl, I MI'l ffT I mr M1089,13.1 costs incurred in connection with the arbitration and the enforcement of any such decision, including reasonable �ttorney's fees. IN WITNESS WHEREOF, the parties have signed this ±Ire 2 2uA E014. FM" -3 Q. 0 v I OWNER: BOYNTON BEACH COMMUNITY REDEVELOPB",T AGEN, By. j7r�-T 7ayi 'r, CbAir DMP BR E. d/Abgla PRAKAS & CO. By: r les C. Prakes I III ! I IFIRIIIII 5J T ., Ipr'I =277 M operation if approved by Owner. Parties interested in submittina an offer to lease or purchase must provide: Proof of current or prior ownership and/or operation of business being proposed. A portfolio or resurne of current development projects or commercial properties, owned by the proposer including photographs and property descriptions. A detailed description of all prior or currently owned or operated restaurant and/or bar establishments, if available. A detailed description of the proposed business use, overall concept, products or services, and hours of operation. Evidence of the financial capacity of proposer to fulfill the obligation to either lease or purchase the property and financially support the ongoing use of the property. Current Credit Report Past two years of personal or corporate tax returns, whichever is applicable. Audited financials if a corporation. z MM i it 1� I 1! f - . I i. I I, I K - I , ' I I I prium K�" -.1 Inwas W1 r1-1 BUT, N S�i- M I I i C. Iriir! r !111111 R. n. nw- Twnxczx��i 1211111 IT111m, %fro IM iT M.W.'r. I— 1 10 'a M 71�1 0 0 is 0 . r1a il I III I I I �I 11 MI ^ I I Mn I MITM M "I, I 1 11 us Fax: 561-737-3258 E-nuff: brookvi(& ,bbfl.us or simonm(&bbfLus Sale: Business— Licenses: Assets: Property: X Lease: X ro MJrM1T!5r1=: 1111� 11 16 1 Purchase/Sale Price: TBD Down Payment: TBD Gross Sales: N/A Owner's Comp,: Year: N/A Sguare FegL(aPACE): Overall 1,505; Interior 765; Exterior patio 470; West end cooler 445 Interior i i3 permitted by the City Lot Size: 0.2876 I91M 1' i 1 t 1' 1, 1: 1 1. i' 1� li R), Real EstateTaxes: r e e:$4,848 (annual) Basic emFlorida of Boynton Beach Waste: X -City of Boynton Beach Other: Lease/Deed/Franchise Restrictions/Exclusives: ili restriction on tearing building down or resale without approval o' v `s` / s• Yes Instructions: ` provide key and alarm code. Comments: None Directions: to Boynton Beach Blvd. dSouth it on Ocean Avenue (which is 2 d left off Seacrest); proceed East over railroad tracks & building is at 4 way stop at Easti I + South side A 1 #F ■ II NW I" Court BOCA RAT.0- 1, FLORIDA 368-0003 i M a N INS, Wol U WID I -, (Nei K MIN 111 W—WD 1 .1, RV i 1 II I I is • I.. ' :.� ! � " ,. " • 1 '. 1 ' / • +' i • ..''�1305 and made a part hereof Broker shall be responsible to obtain documents from potential Lessees/Buyers evident compliance with the requirements of Exhibit "A." Upon full execution of a contract for sale and fi,urchase of the Property, all rights and obligations of this agreement will automatically extend through the date 1 the actual closing of • In consideration of the efforts of Broker in securing an offer to purchase or lease the Property, Owner agrees as seller or lessorto pay professional service fee t• PRAKAS is CO Broker • # Lease o 'ssl leaseI . In the event of a lease of the Property by Broker or by anyone, including the Owner, Owner zgrees to pay Broker a commission computed at the Broker's minimum rates as follows. (a) The commission on the rental shall be equal to 5% of the base lease rental amount for the full term of the initial lease or five thousand dollars ($5,000.00) whichever is greater. If the is co -brokered the commissionshallbe 6 r% of the base leaserental amount for the full term of the initial lease. Sale o 'ssi• 2. In the event of a sale of the Property (which may include inventory of the Owner and/or assets of N75111MMUMMUM M -Ne 1.1114100.11,Fll—ol;lzoilliwlllto—orltyr.1',,W.lmlg,iRW§li RMIN � I I# - 0}408436-1 ArturiMT-01INDIANQ of"'CRTA171 . 1 MIIN I-OP111-Ir-1 thousand dollars ($10,000.00). As used herein, "Selling Price" shall mean the gross consideration to be paid by the purchaser to or on behalf of Owner as and for the sale of the Property (which may include inventory of the Owner and/or assets of the business, as applicable). 3. All commission amounts indicated herein shall be paid to Broker in the event of a sale, lease, exchange, or transfer of any interest in the Property, including stocks or shares in the Property, or the entity owning such Property. If the Property is sold or leased by Owner or for Owner, within six (6) months after termination of this agreement, to a purchaser or lessee with whom either Owner, Broker or any other real estate licensee communicated regarding the Property during the period of Broker's exclusive agency, Broker shall be entitled to the full sale or lease commission, as the case may be, as set forth above. Marketable Title: 4. Owner represents that Owner is lawfully in possession of the Property and has the power and authority to make a sale or enter into a lease on the terms and conditions recited above. Owner represents that the title to the Property is marketable and the Property can be sold or leased by Owner on the terms and conditions recited above. In the event of a sale, Owner agrees to furnish the purchaser a good and sufficient bill of sale. 5. Owner agrees to the following: (a) All inquiries from any source whatsoever shall be referred by Owner to Broker, and all offers submitted to Owner by anyone other than Broker shall immediately be brought to Broker's attention, before acceptance or rejection by Owner. (b) Owner shall provide keys to Broker and make the Property available for Broker to show during reasonable times or access to said Property if vacant, occupied or otherwise. (c) Owner shall notify Broker prior to leasing, mortgaging or otherwise encumbering the Property. (d) Owner shall perform any act reasonably necessary to comply with Federal Investment Real Property Tax Act "F TA" (Internal Revenue Code Section 1445). (e) Owner will make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer or lessee. Owner represents there are no material facts (pending code citations, building code violations, latent defects, etc.) other than the following: Underlying property must be transferred from the City to the CRA if a sale is approved by the CRA to a potential buyer. (f)Owner will immediately inform Broker of any material facts that arise after execution of this agreement. (g) Owner will consult with appropriate professionals for specialized advice such as foreign reporting requirements, legal, tax and environmental matters. kh) Owner warrants the accuracy of the information set forth in this agreement, including the attachments and addenda hereto and agrees to indemnify and hold harmless Broker and those parties relying thereon for any damages as a result of such errors. Broker's Duties: 6. In consideration of the foregoing listing and agreement, Broker agrees to the following: (a) to use diligence in obtaining a purchaser or tenant who meets the requirements set forth in Exhibit "A," however, this agreement does not guarantee the sale or lease of the Property. (b) to present all ofIers and counter-offers in a timely manner regardless of whether the Property is subject to a contract for sale. (c) to take reasonable measures to prevent damage to the Property while the Property is being viewed by others, however, Broker shall have no liability for any loss, vandalism, theft or damage of any nature to the Property. 7. Broker may erect appropriate signs on the Property and advertise the Property for sale or lease in newspapers, trade periodicals, the Internet, and any other appropriate media that Broker may deem advisable. Broker may prepare and distribute brochures if Broker deems the Property suitable for this type of promotion. Broker may place the Property in a multiple listing service (MLS). Owner authorizes Broker to report to the MLS/Association of Realtors this listing information and price, terms and financing information on any resulting sale. Owner authorizes Broker, the MLS, and/or Association of Realtors to use, license or sell the active listing and sold data. Broker may provide objective comparative market analysis information to potential buyers or lessees. P.............. 8. If deposit money paid on account of a proposed purchaser or lessee is forfeited by such purchaser or lessee, half (1/2) of the deposit money shall be retained by/paid to Broker, provided the amount does not exceed Broker's commission due hereunder. This sum shall be deemed to be fall payment to Broker for services rendered under this agreement in connection with that particular transaction. The other half of the deposit money shall be paid to Owner. 9. Discrimination in the selection of potential tenant and purchaser because of race, creed, religion, handicap, color, national origin, sex, marital status or any other factor protected by federal, state or local law is prohibited. Successors and Owner Warranties. 8 41 us's I in I 11CR vig $91414 Mi, ��I Escrow Heco uj:rements: 12. All money paid on account of the real estate transaction to Broker, regardless of the payment form shall be retained by Broker, Owner's attorney, or a third party as agreed upon by the applicable parties in an escrow or trust account for the benefit of the parties to the transaction. e e ve on receipt thereof by the other party. MMIRMM 1,1011 !-WY-)1DVTTL0N LIU-V-;;YX-V a 6TUMET nus MI -371 IT U117-MMMUIT u:T purioliTTig licensea services ux brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. Indenmification: 15. Owner agrees to indemnify Broker and hold Broker harmless from losses, damages, costs or expenses of any nature, including attorney's fees, and from liability to any person, that Broker incurs because of (a) Owner's negligence, representations, misrepresentations, actions or inactions, (b) the existence of undisclosed material facts about the Property, (c) Owner's failure to comply with the terms and conditions of this agreement, (d) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker. 16. This agreement will be construed in accordance with Florida law. All claims, controversies and other matters in question between the parties arising out of or relating to this agreement or an alleged breach hereof shall be decided by binding mandatory arbitration in accordance with the Florida Arbitration Code, Chapter 682 of the Florida Statutes. Each party shall select an arbitrator and the two (2) arbitrators shall select a third arbitrator. The three (3) arbitrators chosen shall hear and determine the matter. This provision to arbitrate shall be enforceable under the Florida Arbitration Code. Any judgment entered by the arbitrators may be entered by a Court having proper jurisdiction. The prevailing party shall be entitled to recover all fees and costs incurred in connection with the arbitration and the enforcement of any such decision, including reasonable attorney's fees. MiTam IN WITNESS WHEREOF, the parties have signed this Agreement this- ............................. day of 2015. WITNESS: OWNER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Jerry Taylor, Chair F%ETIT: BROKER: M Charles C. Prakas R1, t N ► 1� 1 ► ► 11� ►►': ► r+ ►►��1►1 1i► 1�1� ► ► ► I[I. t �•• ►►. a ► operation if approved by - interestedParties ► submitting s ► offer to lease orpurchase must provide: Proof of or prior ownership and/or operation of business being proposed. • A portfolio or resume of current development projects or commercial properties, owned by the proposer including photographs and property descriptions. • A detailed description of all prior or currently owned or operated restaurant and/or bar establishments, if available. Credit• A detailed description of the proposed business use, overall concept, products or services, and hours of • Evidence of the financial capacity of proposer to fulfill the obligation to either lease or purchase the property and financially support the ongoing use of the property. Current "•!; Past two years of personal or corporate tax returns, whichever is applicable. Audited financials if a corporation. '� • ii! 1 �f 11' ti �I11 • 1;r I 1 i ( I,.1I i I MEN Lots I : 2, Blk :. Original► + 1 , Boynton, I Beach County 1 l 1 r i i ' 1 I i •. I 1 iIIIIIWI i ELVA FMIM 1"1, � � ► ► l i � I IM ► ► r: ►i '►►► ► ► "1►I' ► ► 1► ► I ► I. ►► ► $ Is ,M Fax: 561-737-3258 E-mail:hLookvi@bbfl.us or simonm b Mus Business Licenses: Assets: r Lease: Cross Sales: 1.Ai {I 1 (SPACQ:InteriorI5; Exterior patio 470; Ir cooler44 i 1'Interior seating and Sidewalk .` . 1 g forpermitted by the Lot 0.2876 Parkin Building has its own parking lot w/ 13 spaceson street parking also available. 11 i Basic Expense I 11 Florida 3PublicXCity 1 i l` 1 I l Beach r) Boynton 1 i 1 Other: Lease/Deed/Franchise11 D''1; restriction on tearing building I1 1'' or res without1.....•Owner'sapprovalor consent. �, ,. 1 1 �" 1 1 � 1 ii • 1 ! I 1 " 1 oil ' I i 1 �. I 11 l' 1 y 1 1 i 0 8447-1 Florida's Premier Restaurant Broker IICourt 1 61) 368-000 OF COMMERCUL PROPERTY ♦ ' L: ■ IN ON I R 1 consideration of of Broker,Broker forperiod 1 11 11: g July 14, 2015 and terminating at midnight January 15, 2016 the following property, 211 E. Ocean Avenue, Boynton Beach, IFL 33435 (herein after PROPERTY), on the following terms. Broker is given the sole and exclusive right to sell or lease the Property on the terms and conditions outlined in Exhibit "A", attached hereto and made a part hereof Broker shall be responsible to obtain documents from potential Lessees/Buyers evident compliance with the r1 of 1 :Upon fall execution of a contractfor 1 purchase of the Property, all rights and obligations of this agreement will automatically extend through the date of the actual closingof • 1 . Lease Co `ssi : I . In the event of it lease of the Property by Broker or by anyone, including the Owner, Owner 9-grees to pay Broker a commission computed at the Broker's minimum rates as follows. (a) The conunission on the rental shall be equal to 5% of the base lease rental amount for tIM- of ^- or five thousand C • 1 greater. the lease is co -brokered • # : be • " , of base lease rental amoumnt• the full term of „1. event of a sale of the Property1" inventory of Owner and/or transaction, except otherwise provided in this agreement. Minimum commission payable to Broker is ten thF'. sand dollars ($10,000.00). As used herein, "Selling Price" shall mean the gross consideration to be paid by the purchaser to or on behalf of Owner as and for the sale of the Property (which may include inventory of the Owner and/or assets of the business, as applicable). Commission 3. All commission amounts indicated herein shall be paid to Broker in the event of a sale, lease, exchange, or transfer of any interest in the Property, including stocks or shares in the Property, or the entity owning such Property. If the Property is sold or leased by Owner or for Owner, within six (6) months after termination of this agreement, to a purchaser or lessee with whom either Owner, Broker or any other real estate licensee communicated regarding the Property during the period of Broker's exclusive agency, Broker shall be entitled to the full sale or lease commission, as the case may be, as set forth above. Marketable Title: 4. Owner represents that Owner is lawfully in possession of the Property and has the power and authority to make a sale or enter into a lease on the terms and conditions recited above. Owner the terms and conditions recited above. In the event of a sale, Owner agrees to furnish the purchaser a good and sufficient bill of sale. (a) All inquiries from any source whatsoever shall be referred by Owner to Broker, and all offers submitted to Owner by anyone other than Broker shall immediately be brought to Broker's attention, before acceptance or rejection by Owner. (b) Owner shall provide keys to Broker and make the Property available for Broker to show during reasonable times or access to said Property if vacant, occupied or otherwise. (c) Owner shall notify Broker prior to leasing, mortgaging or otherwise encumbering the Property. (d) Owner shall perform any act reasonably necessary to comply with Federal Investment Real Property Tax Act "FIRPTA" (Internal Revenue Code Section 1445). (e) Owner will make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer or lessee. Owner represents there are no material facts (pending code citations, building code violations, latent defects, etc.) other than the following: Underlying property must be transferred from the City to the CRA if a sale is approved by the CRA to a potential buyer. (1) Owner will immediately inform Broker of any material facts that arise after execution of this agreement. Page 2 of 5 (g) Owner will consult with appropriate professionals for specialized advice such as foreign reporting requirements, legal, tax and environmental matters. (h) Owner warrants the accuracy of the information set forth in this agreement, including th-. attachments and addenda hereto and agrees to indemnify and hold harmless Broker ani those parties relying thereon for any damages as a result of such errors. (a) to use diligence in obtaining a purchaser or tenant who meets the requirements set forth in Exhibit "A," however, this agreement does not guarantee the sale or lease of the Property. (b) to present all offers and counter-offers in a timely manner regardless of whether the Property is subject to a contract for sale. (c) to take reasonable measures to prevent damage to the Property while the Property is being viewed by others, however, Broker shall have no liability for any loss, vandalism, theft or damage of any nature to the Property. 7. Broker may erect appropriate signs on the Property and advertise the Property for sale or lease in newspapers, trade periodicals, the Internet, and any other appropriate media that Broker may deem advisable. Broker may prepare and distribute brochures if Broker deems the Property suitable for this type of promotion. Broker may place the Property in a multiple listing service (MLS). Owner authorizes Broker to report to the MLS/Association of Realtors this listing information and price, terms and financing information on any resulting sale. Owner authorizes Broker, the MLS, and/or Association of Realtors to use, license or sell the active listing and sold data. Broker may provide objective comparative market analysis information to potential buyers or lessees. 8. If deposit money paid on account of a proposed purchaser or lessee is forfeited by such purchaser or lessee, half (1/2) of the deposit money shall be retained by/paid to Broker, provided the amount does not exceed Broker's commission due hereunder. This sum shall be deemed to be full payment to Broker for services rendered under this agreement in connection with that particular transaction. The other half of the deposit money shall be paid to Owner. is ONLVC-1614 INS JIUM 1111111WWO, - 4AJJr 011a I 1D.Li(A-lunp, L;IVIUI-, HULIUML Ul-lYn, SCA, IWAL 5rUr, or HTCW law is prohibited. Successors and Assis. gn 1111111111!11111 1 1 1 ir;iri lrl�� I NZ11rt, I'll, ,, l Owner Warranties: 11. Owner warrants that it has authorized this exclusive -listing agreement by and through an authorized agent or if unincorporated, Owner has authority to act for all parties in interest. Escrow 12. All money paid on account of the real estate transaction to Broker, regardless of the payment form shall be retained by Broker, Owner's attorney, or a third party as agreed upon by the applicable parties in an escrow or trust account for the benefit of the parties to the transaction. KkU01 M 1IM14 Bois$ iy MaMe =eemea to be onginal, and all ot-w c together shall constitute one and the same Agreement. A s signature delivered by facsimile shall be deemed to be an original signature and shall be effective upon receipt thereof by the other party. 14. Commercial Sales Lien Act Disclosure: The Florida Commercial Real Estate Sales Commission Lien Act provides that when a broker has eamed a commission by performing licensed services under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. Indemniflication: 15. Owner agrees to indemnify Broker and hold Broker harmless from losses, damages, costs or expenses of any nature, including attorney's fees, and firom liability to any person, that Broker incurs because of (a) Owner's negligence, representations, misrepresentations, actions or inactions, (b) tha� existence of undisclosed material facts about the Property, (c) Owner's failure to comply with the terms 2nd conditions of this agreement, (d) a court or arbitration decision that a broker who was noi compensated in connection with a transaction is entitled to compensation from Broker. kMMI#311�11M= 16. This agreement will be construed in accordance with Florida law. All claims, controversies and other matters in question between the parties arising out of or relating to this agreement or an alleged breach hereof shall be decided by binding mandatory arbitration in accordance with the Florida Arbitration Code, Chapter 682 of the Florida Statutes. Each party shall select an arbitrator and the two (2) arbitrators shall select a third arbitrator. The three (3) arbitrators chosen shall hear and determine the matter. This provision to arbitrate shall be enforceable under the Florida Arbitration Code. Any judgment entered by the arbitrators may be entered by a Court having proper jurisdiction. The prevailing party shall be entitled to recover all fees and costs incurred in connection with the arbitration and the enforcement 1f any such decision, including reasonable attorney's fees. IN WITNESS WHEREOF, the parties have signed this Agreement this,- day of 2015. WITNESS: OWNER: BOYNTON BEACH COMMUNITY By:_ Jerry Taylor, Chair AGENT: BROKER: M Charles C. Prakas NOMEM-1 1 • ! I ! ! i 4 ! ! ! l I 11 l,, l ! moil 1.'. S 1 ^ t. 11 DesiredDaysof Operation: 1 12pm, Monday throughSunday or additional hours of operation approved by Owner. Parties interested in subndtting an offer to lease or I: - must provide: Proof ownership and/or operation of business being proposed. portfolio or resume of current development projects or commercial- -d by po including photographs property descriptions. A detailed description of all prior or currently owned or operated restaurant and/or bar establishments, if available. detailed operation. * Evidence of the financial capacity of proposer to fulfill the obligation to either lease or purchase the property 1 financially supportongoing • i!' Current iReport. • Past 1 years of personal or corporateapplicable. • Audited itcorporation. t CA Phone: 5l ►° Cell Phone: Viviai Brooks: 3 or MichaelSimon: f! k 1 561-737-3258 E-mail:i ! 1 bi or simonm(&,bbflus Sale: Business Licenses: Assets: Property: X Lease: X Purchase/Sale Price: TBD Down Pament: TBD Gross Owner'sComp: 14ii-Tf MIZIM re Feet : 1736 Seating: TBD - Based on conceptuals; seating for up to 112, gardenr up to 44, fJ—a total seating count Lot Size: 0.3154 ' to 1" Ave & I" St with lighted public walkway next to the property. Rate:Lease .: TBD Gross/ NNN: TBD Terms !Years: TBD TBD Real Estate Taxes: $5,693 (annual at present time) Insurance: TBD CAM: TBD Basli Ex nse Items: ge Electric: -FPL Gas: X -Florida Public Utilities Water: X - City t - City of Boyntonr: I withoutOwner'sapproval I1 consent. Showine Instructions: Seller will provide keyalarm code. Conunents: None Directions: 1 1 Boynton Beach Blvd. 57) 1 Seacrest Blvd.; South on on Owner/SellerOcean Avenue (which is 2 d left off Seacrest); 211 is on the North side after stop sign at NE 1"t Avenue. Date % iAgent ;. M1�•Zi�I#1 BOYNTO=BEACH RA � i. #� �� • it ��,' �i� � ;t�: i SUBJECT: Consideration of Selecting a Commercial Real Estate Broker to Serve the CRA with Selling and Buying Properties SUMMARY: At the Strategic Planning Session held on June 16 and 17t', 2015, the CRA Board discussed retaining the services of a commercial real estate broker to market and sell CRA owned properties as well as assisting with the acquisition of designated parcels as needed. Staff supports the Board's direction to retain a broker. Staff agrees that this will result in greater exposure for CRA properties and faster acquisitions at better prices. Staff contacted commercial brokers who have experience working in CRA's. Two brokers responded to staffs calls with proposals; Paul Snitkin with Anderson and Carr and Federico Rochwerger, CCIM with Keyes Commercial. The breakdown of fees is as follows: �. • Sale of CRA property 6% Purchase of Property for CRA 3% (minimum transaction fee of $10,000) Advisory Services $175 per hour Snitkin Sale of CRA property 5% Purchase of property for CRA 5% Advisory Services $250.00 per hour Staff is familiar with both brokers and knows them to be professional and effective in the field of commercial real estate. Either broker would be a great choice to serve the CRA Board in procuring and disposing of property. T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetingTY 2014 - 2015 Board MeetingsWuly 20151Commercial Broker.docx _WCOMMENDATIONS/OPTIONS: Select one of the two brokers to enter into a professional services agreement for a one year term with two additional one year terms at the discretion of both paffies. Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSkCompleted Agenda Item Request Forms by MeetingkFY 2014 - 2015 Board MeetingsUuly 20151Commercial BrDker.docx Jeffrey H. Brite — Gensler - New York, NY 1 i11 11111111111!1111111 '':��Ijjjj ► # # !i I. Introduction Why Federico Rochwerger? 111. Why The Keyes Company? IV. Why a Broker? V. Representative Transaction2 VI. CRNs Transactions VII. Testimonial Letters Vill. Fee Schedule IX. What is a CCIM? 11MM 1 1 le Nejeb ,-,P1njpdn j, driu i-euenco &ocrmerge-rs for Real Estate Brokerage and Advisory Services. Our unparalleled experience, resources and vast network of contacts will help to achieve the results you are searching for. We are not only committed to successfully giving you the services you are looking for, we are also uniquely positioned in the marketplace to accomplish that goal. The Keyes Company's success, having represented all types of properties in our almost 90 years ir South Florida, is our most valuable asset to help you accomplish your real estate goals. We Pledge to you our 100% commitment to the total success of this project. We look forward to 2 successful relationship. Sincerely, Federico Rochwerger, P , CCIM ye. Commercial Director — es Commercial A In Real Estate since 1982 involved D' Construction, Brokerage and Advisory • A Civil Engineer, a State of Florida Certified General Contractor, and a CCIM, belonging to the elite 6% of the Commercial Real Estate practitioners in the US that hold the designation. • Experience in transactions with governmental entities (Boynton Beach CRA, Delray Beach CRA, Broward County School Board). • Worked in Residential and Commercial Real Estatel in Multifamily, Office, Retail, Industrial and Business Opportunities, Sales and Leasing, representing Developers, Business Owners, Medical Doctors, Accountants, Investors, Banks, etc. • Experience in dealing with Larger National clients and the Small Individual Property Owner, sometimes in the same transaction. Have the ability to adapt to the client to learn the client's goals, objectives and motivation to help all the parties achieve what they desire. • Provided Broker Opinions of Value (including to the BBCRA), Business Site Selection Analysis, Demographic Research, Supply & Demand Business Analysis Data, etc. F I I I IIIII I I �� I III IT 7 11 � III I 11`1111121111 11 ft2 Why Federico Rochwerger? Attended courses on Marketing and Advanced Negotiation from University of California at Berkeley. He is part of a 4,000+ agents National Network where he attends events 3-4 times a year t improve his selling, negotiating and interpersonal skills to serve his clients better by excelling in Customer Service. Multicultural & ngual (English & Spanish). ij� �114' ;11� 9 Why The Keyes CompanyL I he team at The &eyes Company is the go -to resource for all things real estate. Family-owned and in business since 1926, The Keyes Company has grown across the state of Florida and we have been ranked 31st Best Real Estate Company in the Nation and 9th in Florida amongst other Commercial Real Estate Companies. Keyes has more than 2,300 associates in over 35 branch offices located throughout Miami Dade, Broward, Palm Beach, Martin and Volusia counties. Full-service company, including title, mortgage, insurance and property management. We will not only supply you with objective data and research about properties, but also empl technology at the forefront of real estate that only the most innovative companies will ha while providing unrivaled customer service. In short, these are the best tools and software platforms to help our clients reach excellent results. We are a Founding Member of Leading Real Estate Companies of the World, a global network of more than 500 premier real estate firms, encompassing 4,000 offices and over 120,000 sales associates in 40+ countries around the world. We have every resource available to make your real estate story one worth telling. 1200 Yamato RdSuite B-1, Boca Raton, Florida 33431 * Direct: 561-988-2266 Why does the BBCRA need a Broker like us? • To assist in all real estate transactions in a transactional fee basis. • To approach Property Owners on behalf of the BBCRA without having to disclose who we represent. • To use proven negotiating techniques to allow the BBCRA the most optimal use of public funds in a purchase or maximizing the proceeds in a sale or lease. • To advise with experience and market data research in decisions such as development proposals, grants, leasing alternatives, site selection. etc. (e.g. when a •usiness requests a grant we can advise whether there's real demand for the product or service being offered by the business to ensure the public funds will be successfully allocated). • To be an extension of the BBCRA in Real Estate matters, helping avoid the need of extra staff members, which in turn saves in budgeting and FIR matters. Representative Transactions a 2300 Glades Rd, Boca Raton Office Sub -Lease a 915 S Dixie Hwy, Lake Worth Hospitality Sale 0 4023 Windsor Ave, W. Palm Beach Duplex Sale 0 2880 NE 71h Ave, Pompano Beach Industrial Sale 0 1701 Mabbette St, Kissimmee Multifamily Sale & 602 McNab Rd, Pompano Beach Office Sale 0 202 Lucerne Ave, Lake Worth Multifamily Sale 949 Clint Moore Rd, Boca Raton Office Sale 2240 NW 19th St #612, Boca Raton Business Sale 8998 SE Bridge Rd, Hobe Sound Office/Retail Mixed Use Sale a 929 NE 17th Way, Fort Lauderdale Land Sale 0 632 57th St, West Palm Beach Triplex Sale 0 1521 Forest Hill Blvd, Lake Clark Shores Office Sale 0 16244 S Military Trail, Delray Beach Office Lease k 208 NE 15t Street (plus vacant lot) — Shaffer Property — 04/2007 and 201 NE 1st Avenue — Jones Property — 07/2007 After successfully brokering the transaction between the BBCRA and Mr. Shaffer and learning that the BBCRA was planning on converting that property to a parking lot, I realized how critical the remaining piece —the corner- would be. I then approached Mrs. Jones and had several conversations with her in order to learn what her goals and motivation were. She had been living there for decadesl raised her children there and her attachment to the house was not allowing her to move on and enjoy life. I engaged her daughter and together we were able to demonstrate to her how moving to a senior community like Leisureville would allow to create new relationships with people with similar goals, while living in the Boynton Beach she loved. With the help of the BBCRA we helped her accomplish what she wanted, while the BBCRA was able to obtain the key piece they were looking for and at the same time the house —of historical value- was preserved. 1200 Yarnato Rd,, Suite B-1, Boca Raton, Florida 33431 e Direct: 561-988-2266 11 4tiljO nrrxxrrrr,.l� ,tyt r �`irar '41k, AUAWIriom DelraVBeach„l SW Corner of AtlanticAveHargrove. i+ 08/2008 endedMr. Hargrove owned this property since 1978. It was time for him to let go and after realizing the property was part of the City's Master Plan, I presented the opportunity to the DBCRA who up acquiring it. Yesterday• • . � R`: 3jr, LSA— DLUM0 nna Executive p um, MWMIM 11 Yamato Rd,Raton,od. Direct:• 561-988-2266 Testimonial Letters w. a cnn w ao MARGATE GATE CRA M"M""UMA", July 1, 2815 Bill Efichladman Z l�rip Sml� ger c Y Diane Colonna 12MYwroua Rd, Saba B -I BOUR&IMPL3M] I:uAWwpri&wwWpACaMrgate Dw W. Ridwdoon, Executivei r ector 1 hdd 'firm of Executive D4Mr of tbo Delmy Beacli Cminnoity Raialopmarij AgmaY (CRA) fixon 2000 — 2814. During tww yn gutta a faw - InCPA rA for W'WkM da how ] a aqmi.W with PMdorIOoR-JWaW, FnAodco was the brokar for SMId of the kffnftdi.. and waa alwaya 1� le bel in his with our was not ai —aec i olyad a UCWWW hWmic buiWing and soMbor waa a v2Mt proof OW had bam al by a IOCW fWM2Y f0f Many Yom FrodaW was mumMve to odl pieflao tavol ont dta ne 8uida the vaniouglans to aloft He would be an wet ffi MY finn that he woem fir. 3jr, LSA— DLUM0 nna Executive p um, MWMIM 11 Yamato Rd,Raton,od. Direct:• 561-988-2266 FMM Gran Hallam <grsqhdlarnoharbomhcmro SINE Friday, Piny 2b. 2013 1.43 AM Ta hillrielwrdion®keyes.wm ft. Fedeft Rarhwerger, Pa aim Qed hiptyahoo.c " KE Federico Radtwargar NO-Jwanted to write ymr toboth thank andeangraulawyourazzodate, Fedariee Rachwerger, rM the outstanding job he did for usdn wiling one of our properties, Federicowsawwy knouladjaabla about this property and his prafesiand demeanor, perdeterm and patience paid afffor uswhm we were able to sell wr building on the fourth attempt to the same buyer. As bankeray we know a Oat of commrdal brakerswe could hmegiwan this aWgnment to WCraveryploasedwechose Federico and Reyesand we won't hesitate to seek his assistance again. sinaenely, Greg Hallam 7222 Colonial Road, Suite 100 Fat Flerce, FL 34950 772.409.2353 772.461.7310 fax 239.851.9057 cell S-STAll fuer Rated r"rxa'tas a,s, m - 7w. cuz„. Ej a%ta Greg Hallam Special 11;�11111;1��Iijp�ij iiiiiiiiiiiiijilli�iii 11 IN 111111 Ilk,[ 111' 111 iij 1 1> R; • 1 s • • 7 s Fededw Rochwerger, PA. CCIM From: Rochm-ger. Faded- sent.r 26,2lo Walmesday. Odobe= m TAm O: hW*DdHMy2hD04OM subt@W FVP Federica RodumuMer From -i Silverman, Michael Easel Wadhasda Dutcher 25, 200d 10.-03�16 hP fl Subjeett M, Federico Rochwergez Auto for.arded by a Rule Great lttter. Thanks Michael -----original message -- TV= 'Taffrey Brite NY Sent: Tuesday, octeUer 24, 2006 3!39 PH roz Silverman, Michael Subject. Vaderica Rochwarger Deer Mr. ") .. ram. It's not often I make the time to ovagratalate o anlesman for saking a sale, as by the nature of his Pref—jan commissions speak voluous. This is an aXOCPti*n. I've been personally ixival'—d in =my years of real estate puxone as® sales and deSelopment projects. I have pl.azo true an relationships with am. OfNmwSYo�k'2 So%e noteworthy comsercial rowl estate brokoxe. Mona could work — diligently than Fsdericc, This was a very dwalX trahsactiec, which he managed very tightly. Your fortunate to have bin washing ter you and will be my pleasure to ren end him going r.rward. Jeffrey a. Brite Genal r Dire::tor, ?rodsct Development 212A52.Id00 P 212.492.1472 F 'The iftfOcnation in this elect is sell mahaage is the Sandar'a business confidential and may be legally privileged. It Is lAtGAdhnL Solely for the add resasffiods) . Access to thin internet electronic mail message by anyone else is unauthorised, -E YOU are not the intended reciplant, any disclosure, CoPyingo distribution or any action taken or emitted to be taken in reliance an it Is Prohibited and may be unlawful.- 'TheSander believed that this E-mail and any attachments were fees of any Virus, we—, Trojan hexap, and/Or delicious code when sent. This meoudge and its attachments could have dean IsEacted during transaidniom. By reading the message and spening any attachments, the racil"e't accepts full XesPon0iblLitY for taking Pkbtfttiva and remedial action about Viruses and other defects, The sendar®s employer is nat liable for any less ofdamage driving in any way faux this A@omaga or Its atteduvents. 'leer ; \Vffigqfl��% I ) W" ��' 11 IM, WIf ti 10 Jeffrey Brit... Investor RtSpeCtfUlly, PhyliliGreen Prisident .................... KOMMOM190 Schedule �i ✓Sale of BBCRA owned property(Listing): 6% ✓ Purchase of property for the BBCRA 3% (Listed by a broker or unlisted — If listed, any fee earned from the Seller will be deducted) (All transactional business to have a minimum fee of $1.0,000) •Advisory Services ✓ Hourly services $175/hour (If advisory services result in a transaction then hourly fees collected will be deducted from any transactional fees, up to the amount of the transactional fee) Retainer None , A LUM (Lertitiea LOMmercial Investment Member) is a recognized expert in the commercial and investment real estate industry. The designation helps CCIMs and their clients: • Minimize risk • Boost credibility • Make informed decisions • Close more deals The COM lapel pin is earned after successfully completing a designation process that ensures CCIMS are proficient not only in theory, but also in practice. Taught by established practitioners, the program provides a real-world education in: • Financial analysis • Market analysis • Investment analysis • Negotiations CCIM members close thousands of transactions annually, totaling more than $200 billion in value. 67% of COM • hold the title •' owner, partner, principal, president, vice president, or broker. 13,000 CCIM members are based in more than 1,000 markets in 30 countries around the world. -Realtors 521 South Olive Avenue West Palm Beach, Florida 33401-5907 www.andersoncarr.00m Telephone (561) 833-1661 Fax (561) 833-0234 July 1, 2015 Vivian Brooks Executive Director Boynton Beach CRA Re: Real Estate Brokerage Services QMOv &f Wco &ce 1947 The Boynton Beach CRA is an extremely important contributor to the quality of life and successes of the Boynton Beach market. Anderson & Carr, Inc., understands this and intends to partner with the CRA for brokerage services for betterment of the district. Our company is the leader in representing community redevelopment agencies/local governments in the acquisition and disposition of real estate. Recently, we have represented the Delray Beach Community Redevelopment Agency, as the exclusive broker in the West Atlantic Redevelopment District. Anderson & Carr, Inc. has also represented the City of Lake Worth as its exclusive broker for The Lake Worth Casino. Paul Snitkin, who heads Anderson & Carr's Real Estate Sales/Leasing Division, is a seasoned, award-winning expert in both the residential and commercial markets. With brokerage and leasing experience in Florida since 1982, Paul joined Anderson & Carr in 1985 and developed a comprehensive background in property appraisal before spearheading the company's thriving sales force in 2004. In that inaugural year, Paul received the "Commercial Rookie of the Year" Award from the Realtors Commercial Society of Palm Beach County. Paul has earned a top reputation for his ability to represent a broad spectrum of clients, including buyers and sellers from across the United States. He has overseen dozens of successful transactions totaling nearly a quarter of a billion dollars in gross sales. Recognized as an expert witness in commercial real estate, Paul has been retained as a consultant for numerous lending institutions, attorneys, and government organizations. The uniqueness of East Ocean Avenue and Federal Highway are extremely important to the sustainability of the entire city and its surrounding businesses and residents. We believe that by partnering with the Boynton Beach CRA, we will be able to foster long term growth and economic stability in Boynton Beach. With the help of Anderson & Carr, Inc. the CRA will be able to focus on programs that foster growth in the community, while Anderson & Carr focus on acquisitions, dispositions and marketing of real estate. Sincerely, ✓ A41 I V PAUL H. SNITKIN .GENERAL INFORMATION Licensed Real Estate Broker - State of Florida (No. BK538943) EDUCATION AND SPECIAL TRAINING Graduate of East Lyme High School, East Lyme, Connecticut Graduate of Thames Valley State Technical College, Certificate in Architectural Drafting Technology Graduate of Palm Beach Community College, Associate Science Degree ........ ....... ...... .... FREC - 101: Florida Real Estate Commission, Salesmen Course FREC — Brokers: Florida Real Estate Commission, Broker's Course SREA - 101: Principles Residential Property Valuation SREA - 102: Applied Residential Property Valuation Al - 310: Basic Income Capitalization Al - 410 "Core Law" for Appraisers Al — 511: Florida State Law and USPAP AI — 520: Highest and Best Use and Market Analysis SPP -A: Standards of Professional Practice Part A SPP - B: Standards of Professional Practice Part B Seminar: Residential Building Construction Engaged in appraising and consulting assignments including market research, rental studies, feasibility analysis, expert witness testimony for real estate in the State of Florida since 1988. Have been involved with brokerage of all types of real estate since 1983. Have held a State of Florida Real Estate License since 1982. Qualified as an Expert Witness providing testimony in matters of property disputes, bankruptcy court, foreclosures, and other issues of real property valuation. Presently working as Broker and Head of Sales/Leasing with Anderson & Carr, Inc., Reattors/Appraisers. TYPES OF PROPERTIES ApartmentBuildings Boat f Schools ClubsNight Restaurants Mobile HomeParks- Warehouses Adult! , -,, ! 1,. PAST PERFORMANCES Banks Office Buildings Churches Department St Child Day Care Facilities Cell tower Residences All i,, Dealerships Shopping Centers Hotels Motels BuildingsStore 11 Buildings Medical Buildings Vacant Lots & Acreage ResidentialProjects GrovesCitrus Condominiums - Residential & Office Have been full time in the Commercial Brokerage business since 1997. Joined the Realtors Commercial Alliance of Palm Beach County in 2004. Since this - I have won the following awards; II• Rookie of f 2006 Top Deal of the Year, Deal Maker Awmi 2007 I! Deal Maker of the Year 2009 Industrial Deal of 01' Hospitality Deal Maker of 2010 #r - Deal Maker of 1 2011 Hospitality Deal of 2011 1 Beach CountyRealtor of the Year 2011 National Commercial Realtor of the Year 2012 Land Deal i' the Year 2012 Top Deal of the Year 2013 IndustrialDeal of the Year 2014 Industrial Deal .; 2014 Special Purpose Deal of the Year r Recent projects Patm Beach: Bankers 'r Bradley ' , 300 Clematis Street, West Palm Beach, Florida Took on this project in approximately 2007. The building was totally vacant, approximately 21,OOOSF. Since this time I have leased up the entire building with excellent tenants. The building now consists of a Restaurant, Retail users, and Professional users on the upper floors. 303 Gardenia Avenue & 501 South Olive Avenue, West Palm Beach, Florida Took on this project in approximately 2009. The buildings were approximately 50% vacant. I went into the market place and found the tenants for all the different types of use. Retail, office and designers. The buildings are now 100% occupied. 314 Clematis Street, West Palm Beach, Florida This space was vacant for many years, as well as most of the 300 Block of Clematis Street. In 2008 1 concentrated on bringing new upbeat type of restaurants/lounges to the area. Since this time I have places four restaurants/lounges in this area totaling approximately 30,000 sf. I currently have contracts on three more additional spaces in the Comeau Building. I have basically single handedly changed the look of the 300 Block of Clematis Street in Downtown West Palm Beach. Lake Worth Casino As the broker we were responsible for soliciting and obtaining offers to lease the Casino Retail and Restaurant spaces. Anderson & Carr, Inc. successfully leased the entire first floor of the Lake Worth Casino. Our roles was to solicit local, regional and national retailers and work hand in hand with the City Staff. We currently are in the process of leasing up the rest of the building, including the 2nd floor. Delray Beach Community Redevelopment Authority I represented the Delray Beach CRA for three years for real estate brokerage services. These services included: leasing, acquisitions, opinions of value and appraisal revisal- I was successful in acquiring 25 plus properties for the CRA. The properties ranged from blighted residential properties, to parcels of vacant pieces of land along Atlantic Avenue. I consciously aided residents in improving their way of life, by assisting them in acquisition process. Due to my effort, the western expansion of Atlantic is Avenue is thriving. Downtown West Palm Beach Assemblage's 2013 1 successful negotiated and closed two assemblages in Downtown West Palm Beach for Billionaire Jeff Green. One is located within the 300 block of Datura Street in West Palm Beach, Florida and the other is in the 300 Block of Clematis Street, West Palm Beach, Florida. The two assemblages total approximately $15 Million. Additional Real Estate dealings I currently work for many bank in the marketing of REO properties throughout the county. I also have listings in excess of $30 Million. I'm very involved with the DDA of West Palm Beach, Commercial Alliance of Palm Beach County, Chamber of Commerce, and Palm Beach County Historical Society. As a company, we are involved in many projects with Palm Beach County. We have been doing Right of Way work for many years. I have not been involved in a publicly owned property similar to the Casino project, but I have been involved in many privately held ones. When most people in the county think Real Estate, they think Anderson & Carr. PROFESSIONAL DESIGNATIONS - YEAR RECEIVED Member Appraisal Institute - 1984 SRA - Senior Residential Appraiser, Appraisal Institute - 1977 SRPA - Senior Real Property Appraiser, Appraisal Institute - 1980 State -Certified General Real Estate _"p raiser, State of Florida, License No. RZ4 - 1991 Jan OWERMIr Mfg Graduate, University of Florida, College of Business Administration, BSBA (Major - Real Estate & Urban Land Studies) 1973 Successfully completed and passed the following Society of Real Estate Appraisers (SREA) and American Institute of Real Estate Appraisers (AIREA) courses and/or exams: Note: the SREA & AIREA merged in 1991 to form the Appraisal Institute. SREA R2: Case Study of Single Family Residence SREA 201: Principles of Income Property Appraising SREA: Single Family Residence Demonstration Report SREA: Income Property Demonstration Report AIREA 1B: Capitalization Theory and Techniques SREA 101: Introduction to Appraising Real Property AIREA: Case Studies in Real Estate Valuation AIREA: Standards of Professional Practice AIREA; Introduction to Real Estate Investment Analysis AIREA 2-2: Valuation Analysis and Report Writing AIREA: Comprehensive Examination AIREA: Litigation Valuation AIREA: Standards of Professional Practice Part C The Internet and Appraising Golf Course Valuation Discounting Condominiums & Subdivisions Narrative Report Writing Appraising for Condemnation Condemnation: Legal Rules & Appraisal Practices Condominium Appraisal Reviewing Appraisals Analyzing Commercial Lease Clauses Eminent Domain Trials Tax Considerations in Real Estate Testing Reasonableness/Discounted Cash Flow Mortgage Equity Analysis Partnerships & Syndications Hotel and Motel Valuation Advanced Appraisal Techniques Federal Appraisal Requirements Analytic Uses of Computer in the Appraisal Shop Valuation of Leases and Lcaseholds Valuation Litigation Mock Trial Residential Construction From The Inside Out Rates, Ratios, and Reasonableness Analyzing Income Producing Properties Development of Major/Large Residential Projects Standards of Professional Practice Regression Analysis In Appraisal Practice Federal Appraisal Requirements Engaged in appraising and consulting assignments including market research, rental studies, feasibility analysis, expert witness testimony, cash flow analysis, settlement conferences, and brokerage covering all types of real estate since 1972. President of Anderson & Carr, Inc., Realtors and Appraisers, established 1947 Past President Palm Beach County Chapter, Society of Real Estate Appraisers (SREA) Realtor Member of Central Palm Beach County Association of Realtors Special Master for Palm Beach County Property Appraisal Adjustment Board Qualified as an Expert Witness providing testimony in matters of condemnation, property disputes, bankruptcy court, foreclosures, and other issues of real property valuation. Member of Admissions Committee, Appraisal Institute - South Florida Chapter Member of Review and Counseling Committee, Appraisal Institute - South Florida Chapter Approved appraiser for State of Florida, Department of Transportation and Department Natural Resources. Instructor of seminars, sponsored by the West Palm Beach Board of Realtors. Authored articles for The Palm Beach Post and Realtor newsletter. Real Estate Advisory Board Member, University of Florida. Air Rights Medical Buildings Apartment Buildings Amusement Parks Department Stores Hotels - Motels Condominiums Industrial Buildings Office Buildings Mobile Home Parks Service Stations Special Purpose Buildings Auto Dealerships Vacant Lots - Acreage Residential Projects Shopping Centers Leasehold Interests Financial Institutions 1 am currently certified under the continuing education program of the Appraisal Institute.' Churches Marinas Residences - All Types Restaurants Golf Courses Easements UMM��-M As the broker we will be responsible for soliciting and obtaining offers to assist the CRA with acquisition/disposition of real property, which may include: vacant or undeveloped land, developed sites, or existing facilities for purchase/sale. Anderson & Carr, Inc. has extensive brokerage experience in acquisition, disposition, leasing, marketing, etc. Our ongoing roles with an unmatched base of local, regional, and national property owners provide us the knowledge regarding Our company has been in business since 1947. Since this time we have been involved in appraising and brokering real estate in Palm Beach County. Therefore, we have the unsurpassed ability to research properties, short sales, foreclosure and tax deed sales of residential and commercial properties. Our attorney Peter Ray of Cohen, Norris et al. is part of our team and assists us in the research of these documents. This in the long run saves us time and money on acquiring properties that are in a foreclosure type of scenario. The depth of local market knowledge and advanced market research technologies allow us to get the job done in a short period of time and most efficient way possible We have expertise in marketing all types of property from residential to retail space and have worked closely with the professional services community and the political leadership of our city. We also have a strong understanding of development and construction matters, and can aid the CRA and tenant in the process between development and occupancy. Anderson & Carr, Inc.'s goal is to turn a typically difficult process, into a seamless process by being the liaison between the CRA and Property Owners. We have been extremely successful in the past with tl-�s process and are confident that this will continue with the Boynton Beach CRA. Our professionals know your intentions and deliver real estate solutions and increase speed to acquisitions. All of this adds up to helping decrease internal operating expenses. Scope of Services Acquisitions: After establishing our target sub -markets, we will focus our efforts on conducting further market research in each identified region. We will look at the various types of properties eligible for acquisition, targeting foreclosures, short sales, tax deeds, vacant land and potential commercial developments. There are various strategies associated with each. For example, when targeting foreclosed properties, we will avoid those, that still maintain an equitable right of redemption. Also, it will be to our advantage to avoid properties with excessive liens. Our experienced team of both appraisers and brokers will prove to be a valuable asset in the research process. After compiling a diverse list of potential properties, in multiple target regions, we will utilize the vast knowledge of our appraisal team in the selection process. We believe the site selection process is the most crucial step in this project. This is where our company's long rooted history and expertise will prove to be very valuable in implementing the CRA's goals. With the help of our appraisal team, we will individually analyze and appraise each property. Based on our appraisal analysis, we will present our target properties to the CRA board for their review. After discussions and review by the CRA, we will fully facilitate the negotiations process and begin acquiring property. In this process we will act as the liaison between the banks, property owners and the CRA. One of our firm's best strengths is our constant attentiveness to former and current clients. Our relationships and closing experience speaks for itself. In the past seven years, we have closed and sold in excess of $300 million in property. We will represent the City of Boynton Beach with professionalism and confidence as we work to accomplish the extensive goals of the CRA. Marketing/Management. Once we have identified, valued and acquired key properties, our firm will work with the City to immediately implement the necessary course of action for each property. If we need to nationally market the property for sale or development, we will handle everything. We use the latest technology in the process, from email blasts to remarketing; Anderson & Carr is the leader in digital marketing. Appraisal meets brokerage: We recognize the power of our combined strengths in appraisal and brokerage. This is what generates a competitive advantage for our company. Unlike most brokerage firms, we have the best of both worlds. Our team works together to deliver innovation and "market right" assistance, through constant and open communication. I � 51 Anderson & Carr, Inc. will be compensated FIVE PERCENT (5%) of the Sale Price/Purchase Price/Initial Lease Term. If there is a co -brokerage deal, we will split the rate and pay the cooperating broker 2.5%. Robert B. Banting, Broker $250.00/hour Paul H. Snitkin, Broker/Associate $200.00/hour Clerical services $50-00/hour 1� i 1 ko a • t WEST PALM Otm k14"01W Wednesday, June 24, 2015 Re: Reference for Paul Snitkin To Whom It may Concern: I have had the pleasure of working with Paul Snitkin over the past nine years in Downtown West Palm Beach. Mr. Snitkin has contributed significantly to the revitalization of Downtown West Palm Beach and has been an important partner in bringing new businesses and invesUnent into the Downtown area. M r. Snitkins knowledge of urban neighborhoods and redevelopment areas is extensive. Furthermore, he is creative, knowledgeable, and delivers what is promised. I recommend Mr. Snitkin to you as a real estate professional. Should you have any questions or require additional information plaiise fetal free to contact me. 301 Clematis Street, Suite 200, West Palm Beach, FL 33401 Phone. 561.83&8673 Fox. 561.833.5870 ww-wwesty-almheachc1dacom I MS. Vivian Brooks, AICP Executive Director Boynton Beach CRA 710 N Federal Highway 80.%Ttoy �eact, rl, 33 Ra: Letter of Recommendation for Paul Snitkin of Anderson and Carr, Inc. it is my pleasore to write this letter recommending Paui Snitkin, f3roker with AnclerSon ano Carr, Inc. to provide land acquisition seMces for the Boynton Beach CRA. Anderson and Carr, Inc. was the successful respondent to a Request for Qualifications (RFOJ fGr Real Estate. Brokerage Services to assist the Defray Reach CRA in identifying properties for purchase and development within the redevelopment area. Paul managed the Agreement with the CRA for Anderson and Carr, Inc. The scope of services included: conducting research to identify properties offered through short sales, foreclosure and tax deed sales; reporting and updating property information in a spreadsheet/data base format- conduLting site sO.ection and transaction negotiations for commercial and residential property acquisitions; serving as a liaison between the CRA and property owners through the negotiation and acquisition processes; and providing broker's price opinions on various properties. Paul was always professional and thorough in the execution of these services. He was always accessible and responsive, providing a quick turnaround time an requests. He worked well with Delray's diverse population, ensuring tNt the CRA was represented as fair and honest in property negotiations. He playel an increasingly important role in furthering the agency's land assembly efforts along West Atlantic Avenue, including properties associated wJith the recently approved uptown Atlantic mixed-use project. I highly recornmend Paul for your land acquisition project without hesitation. if you need additional information or have any questions please contact me at (561) 276-8640 or bV email at: T 10 Of-`! P-5achtprn. Best wishes for a successful redevelopment effort. Sincerely, 61, J g A 4 tello, AICP Executi,re Director 2 2 0, North Swinton Avenue OV00Y 1300ch. Floedo 33:144 J�Phona: 5611276--8440 OF FOX: 561/276-6558 > www.delrcjyci�o.or!�- 9 Mm- , W.0"M STATE OF FLORIDA 'S .4; X -M =11; R. i U , oi,1'7�11 �17 tEA-11141i 12111M 141 22 1-2 STATE OF PLOM, DA DEPAMMENT OF HUPANESS AMP. PROFESSIOML- REGULATION IK530943 ERi", MVOW013 XEAL FESTM-DR610ER, - SNITIM, PAV(PA-� IS LICENSED, andel the pfiaylalono of ChATO Pg. 51110917115 L13210=143 The Departenent of State IS icling the comms mil of Florldallis 5DOrli. awiii lir in 2413_ Formom inforl please go to www.VivaFlol owq. vVinmal DETACH HERE Jill 4 W-1 I lZM7, rt7,, 77, =W RICK SCOTT ISSUED: 09MM013 SEQ# L13102030001403 KEN LAWSOP; GOVERNOR DkSPLAY'AS REQUIRED BY LAW SECRUARY RICK SCC'TF, GOVERNOR, K I.R ETA i ... STATE OF FLORIDA , , •f 1 t , i DEPARTMENT F B I AND PROFESSIONAL TIO w ®• � „ ISI. SI H O R Is. ESTA� E ®® The BROKER i NartkO bef6w,,18 LICENSED . Jnderthe pro It3n5:of Cho ar a76 FS ExpltaWn data MAR 31,,2 IS s , s .�NTiND, ROBERT Ww V ST I"# Ft 33401 n ` •' : - ak we .,y ;` Mwd .., .. .'`..aa..,_... _...,,. .,n _.._.,.: "'a' V<, •.�.z ., ,•V,...:,..?'t_ „_.., e.,. ,..,.�<.,,, ;rx.,_. .... _ e?_.,.,'�'�3: �.. _.'�.. �s...... ,«m. q.. �_`��:;=... �....<,.1._. �:..._�-..F...«i:. ....3.. .�..<.�:... 16GU 074 660# 47403 841 DISPLAY AS REQUIRED BYLAW 57=7= Agency Sranch Prefix "icy Number 1. NAMED INSURED AND MAILINQ ADDRESS - Anderson & Carr, Inc. 521 South Olive Avenue West Palm Beach, FL 33401 Real Estateftfesftnals Enur8 and, Omissions Po3ey hnwranw iu providelil by Contirtantal: Gasuaity Company 333 S Waltash Ave CKrAgo, IL 4M.34, A Stock Irtauranoo Comparty NOTICE TO POLICYHOLDER& basis, Piesse review the policy carefully and diricuss this coverage with yoix insurance agent or broker, 2. POLICYPER1101): Inception: O9M312014 Expiration, 09123QOIS 9� 12:01 XK StandaW Timast the address shown above. ... ....... . .... 3. ERRORS AND OMISSIONS UABILITY: . . . . ..... . ......... ..... A. Limits of Liabillity: Each, clmim; $1,000,000 Aggrega-M, $1,000,000 R Discrimination Limb of Uabdity: $2%00D C. neau=We Each Claimt $20,000 D, First Coverage Daly; OW23120GS E. PriorActs Dale., OW2311097 . .. 4, PREMIUM: . . ... . ........................................... ..... ...... . .. . . .. ... .... $9,599.00 DISCRIMINATION (Optional $250,000 Saab It); $0.00 TOTAL PREMIUW $9,509-00 Flosaa Ca shah Hurricane Fund $124.79 CNA657BOXX E. 05-2012 1145604-054'141 R�WWN)V#J- L4 DOCUMENT# 150824 Entity Nam ANDERSON & CARR. II Currmt PiIncipal Place of Wmfolliww, 521 3OUT" II A"M WW PALM BEACH, FL 33401 F8 Number 99-05683il Nwne and Ad&omm of Curmnit Registowd Paent 2IGNATURE: FILED Mar 28, 2014 Elamnlic ftmtwodRvo'mWvd AginAt DOW offlcorlDinictor Det*11: via PT Nam GANT ING. RORFRT 8 Al 143469 ATLANTIC DMVI 044talaZIi, LANTANA FL 2X52 lu, II am NI SAI DONNA 9 Addroo 1434 SE ATLANM DRIVE City-:8lwoZp: LANTANA K ILU62 1XIIIIII III, SIGNATURE- RDSERT B BANTING PRESIDENT 0%4220144 I rwIll Signature ! ♦ BOARD , 2014 Consent Agenda Old Business IX I New Business I I Legal I I Information Only Other SUBJECT: Consideration of Purchase Agreement between the CRA and White Rose Homes, LLC for a Portion of 133 NW 10th Avenue SUMMARY: The Model Block project is included as a priority project in the Heart of Boynton CRA Plan Update. The project is located between NW. 10th and 11th Avenues. The goals of the project are to increase the rate of home ownership in the neighborhood, improve the housing stock, the utilities and the public right-of-way. The attached purchase agreement is for a 10' City right-of-way to create an enhanced streetscape. See attached map for property location. FISCAL IMPACT: $9,900 for the right-of-way acquisition and survey. RECOMMENDATIONS/OPTIONS: Approve the Purchase Agreement for the creation of new City right-of-way. 24�4v-- Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Meetings\July 2015/133 NW 10th.docx Far) t1a Lx 'A 3 This Purchase Agreement (hereinafter "Agreemenf') is made and entered into as of the Effective Da (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, rcublic agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA") and WHIJI, ROSE HOMES, LLC (hereinafter "SELLER"). I En consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to CRA and CRA agrees to purchase and acquire from SELLER a portion of SELLER'S property for the purposq of creating a City right-of-way to install streetscape improvements, on the terms and conditions hereinafter set forth, said property (hereinafter "Property") more particularly described as follows: "The south 10 feet of Lots 20 and 21, Block 1, The Frank Webber Addition, according to the plat thereof as recorded in Plat Book 9, Page 3, of the public records of Palm Beach County, Florida." 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall Nine Thousand Nine Hundred Dollars ($9,900.00), payable in cash, by wire transfer of United States Dollars the Closing. 3.1 Earnest Mona Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both Purchaser and Seller CRA shall deliver to Lewis, Longman & Walker, PA ("Escrow Agent") a deposit in the amount of One Thousand Dollars ($1,000.00) the "Deposit"). 3.2 Application/Disbursement of DWosit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the CRA shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If this Agreement is terminated due to a default, pursuant to Section 14, the Deposit shall be delivered to (or retained by, as applicable) the non -defaulting Party, and the non -defaulting Party shall have such additional rights, if any, as are provided in Section 14. 3.3 Escrow Agent. CRA and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to CRA and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 00524530-1 4. EFFECTIVE DATE. The Effective Date of the Purchase Agreement is the date that the Escrow Agent receives the Escrow Deposit and Escrow Agent executes the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before August 28, 2015 (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to CRA, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. The CRA, and its designees shall have fourteen (14) days from the Effective Date of this Agreement ("Feasibility Period"), at CRA's expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase 11 investigations, which CRA may deem necessary. During this Feasibility Period, CRA may elect, in CRA's sole and absolute discretion, to terminate this contract and receive back all Deposits hereunder. If CRA elects to terminate this Agreement in accordance with this Section, CRA shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property, (ii) to the extent practicable, shall repair and restore any damage caused to the Property by CRA's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA's testing and investigation. CRA hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. However, CRA's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and CRA does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. The obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Title Review. Within twenty (20) days of the Effective Date, CRA shall obtain, at the CRA's expense, from a Title Company chosen by CRA (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure CRA in an amount not less than the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller's proceeds. CRA shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections CRA has to M524530-1 the condition of title (hereinafter "CRA Title Objections"). If CRA fails to deliver the CRA Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If CRA timely delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the CRA Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of CRA, then CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the title as it then is but using such portion of the Purchase Price as may be necessary to pay and satisfy any mortgages, outstanding utility charges, delinquent property taxes and/or code enforcement and contractors' liens or other recorded claims of lien upon the property, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to CRA and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, CRA shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, CRA shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.2. Survey Review. CRA, at CRA's expense, shall obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. 7.3 Survey. CRA shall provide to SELLER a stamped, original survey of the Property at no cost to the SELLER. 7.3 SELLER Deliveries. SELLER shall deliver to CRA the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER' possession or control with respect to the physical condition or operation of the Property, if any. 7.3.2 Copies of all licenses, variances, waivers, permits, authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over and affecting the Property, if any. 7.3.3 Prior to the Closing Date, SELLER shall execute and deliver to CRA any and all documents and instruments required by CRA, in CRA's sole and absolute discretion, which effectuate the transfer to CRA of the items referenced in 7.3.2 above, or portions thereof which are applicable to the Property, that CRA desires to have assigned to it. 00524530-1 8. RIGHT TO ASSIGN. This Agreement may be assigned by CRA to the City of Boynton Beach and all rights, privileges and responsibilities under this Agreement will be assigned and Buyer will be relieved of same except that the CRA shall be responsible for the payment of the Deposit, Purchase Price and expenses related to the closing. 9. UTILITY EASEMENT. At or prior to Closing, Seller shall grant a 10 utility easement to the City of Boynton Beach along the south 10' of the Seller's remaining property as depicted in the survey which is attached hereto as Exhibit "A" by instrument approved by Utility. 10. —CONDITIONS TO CLOSING. CRA shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by CRA in writing: Remesentations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 10.2. Condition of Propg1ty. The physical condition of the Property shall be the same on thc. date of Closing as on the Effective Date, reasonable wear and tear excepted. 10.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by CRA. 10.4. Compliance with Laws and RegWatinns. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 11. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the Closing Documents set forth in this Section. At Closin SELLER shall execute and ddhrqr�.,�, delivered to CRA the following documents and instruments: 11. 1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 11.2 Seller's Affidavits. SELLER shall furnish to CRA an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicablf; construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also fimiish to CRA a non-forei -1 affidavit with r MOMM deliver its affidavits referenced above, the same shall be deemed an uncured title objection. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between CRA and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute and deliver at Closing. 11.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Pennitted Exceptions. 11,524530-1 11.5. Additional Documents. Such other documents as CRA or the Title Company may MWIAOX6 ;i* 'KAN I - 1014 A 4 12. 1. Prorations. PURCHASER agrees to pay all costs associated with the purchase transaction with the exception of ad valorem tax liens, municipal code violation liens, mechanic's liens, mortgage liens, any and all utility balances whether or not they have been incurred by the SELLER or SELLER's tenants or other costs unrelated to standard real estate closing costs. 12.2 Closing Procedure. CRA shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and CRA (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing- (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 12.3 Existing Mortagges and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. I , , Seller's Representations and Warranties. To induce CRA to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, CRA shall be provided immediate notice as to the change to the following representations: 1, 1 01 �1. I I 1 111111110 1 - - �__ __ - I III I IMMINIM.2imm MM71"LY ONTO 'fir UYLOT UOMMMMY(MLig) Tee SIIU eueec 01 any mecnamc-s or materiatmen-s Hens tor work or naterials fin-nished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER 4mll indemniN. defend and hold CRA harmless from and against all expense and liability in connection therewith Oncludin� without limitation, court costs and reasonable attorneys fees). 13.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceedin& actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, clain-4 action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Land. 13.3 SELLER has fi:dl power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any liff- MOM=- III&CULL11r., -L-WE3111CM UIFJ purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 00524530.1 P C I Tne Mae or TTR Agreement, and -715 -F -C -losing take any action to terminate or matenatly, amend or alter any existing leases presently in existence, without the prior consent of CRA, which consent shall not be unreasonably withheld or delayed. 13.5 SELLER represents that there are no parties other than SELLER in possession of Property or any portion of the Property as a lessee. I 13.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the Inspection Period to the Closing Date. 13.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigatio claim, action or proceeding, actual or threatened, against SELLER or the Land by any organization, perso individual or govemmental agency which would affect (as to any threatened litigation, claim, action proceeding, in a materially adverse fashion) the use, occupancy or value of the Land or any part thereof which would otherwise relate to the Land. 13.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Land has been, is presently or is contemplated to be utilized as a reservoir of hazardous material, As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local govemment authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). 13.9 SELLER represents to CRA that the Land is not subject to any deed restrictions declaration of restrictions running with the Land which would affect the use of the Land except tho constituting Permitted Exceptions as defined above. I 13. 10 Between the date of this Agreement and the it of closing, SELLER will not file any -7-pplication for a change of the present zoning classification of the Land. 13.11 Authoritv. 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. 13.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good mark tab � s and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restri i Onr fE kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 00524530-1 13.13 Additional Warranties and Remesentations of SELLER. As a material inducement to CRA entering into this Agreement, SELLER, to the best of SELLER'S information and belief, hereby represents and warrants the following: 13.13.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi -governmental authority, including but not limited to, CRA, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Pro i i M_ , ortion thereof and SELLER has not -granted or is �,aU anW the Property to any of the foregoing entities. 13.13.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to CPA herein, including but not limited to unrecorded instruments or defects in the condition of the Prp--r . P dp-whi-1;h-7wW impair the use or operation of the Property in any manner. 13.13.3 To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 14. 1. CRA's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph 14.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither CRA nor SELLER shall have any finther obligation or liabilities under this Agreement, exce-r,t for those expressIg provided to survive the termination of this Agreement*1 1 '..1 - 1 ,�. - ■ r, shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Devosit being. compensate SELLER. CRA and SELLER agree that this is a bona fide liquidated damages provision and not a 11,enalty or forfeiture provision. 14.2. Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, CRA may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event CRA may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, without waiving any action for damages. 14.3. Notice of Default. Prior to declaring a default and exercising the remedies describcm IF-erein, the non -defaulting Patty shall issue a notice of default to the defaulting Party describing the event I condition of default in sufficient detail to enable a reasonable person to determine the action necessary to the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to c the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business D)Ja 't from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not 00524510-1 unreasonably withheld. If the default has not been cured within the aforesaid period, the non -defaulting Party may exercise the remedies described above. 14.4. Survival. The provisions of this Section 14 shall survive the termination of this M�� 15. NOTICES. All notices required in this Agreement must be in writing and shall be considerd? delivered when received by certified mail, return receipt requested, or personal delivery to the followinp addresses: If to Seller: Charles White White Rose Homes, LLC 22 Country Lake Circle Boynton Beach, FL 33436 If to Purchaser: Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 With a copy to: Kenneth W. Dodge Lewis, Longman & Walker, PA CRA Attorney 515 North Flagler Drive Suite 1500 West Palm Beach, FL 33401 15. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of CRA, which shall not be unreasonably withheld. CRA shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the CRA shall be released from any fin-ffier obligations and liabilities under this Agreement. The CRA may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA has been dissolved as an entity while this Agreement is in effect, the provisions of section 163.357(l), Florida Statutes, (as it may be amended from time to time), shall apply. 16. BROKER FEES. The SELLER and BUYER hereby state that they have not dealt with a rem estate broker in connection with the transaction contemplated by this Agreement and are not liable for a sal commission. SELLER shall indemnijj�e defend and hold harmless the CRA from and fosses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or charact ?-rising out of or resulting from any agreement, arrangement or understanding alleged to have been made 10. SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of th Cection shall survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CONDITIONS. 16.1. For purposes of this Agreement pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant petroleum, petroleum product or 00524530-1 petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to CRA entering into this Agreement SELLER hereby wan -ants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER'S knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for an clgIM,, I I M WM '113 PAW I go a I RM a W vrUly rAWL-,Pr0&QJMT ILUL0 CTCIILh5,-&#InUIUIVIIN, is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER'S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS. CRA is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the CRA is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted b;j SELLE-P�-- either directlki or as a fliird to ju� or No-hibit li� J I documents involving this Agreement or the transaction set forth m the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that CRA may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged documents into the court. In either event, SELLER agrees to pay CRA's reasonable attorneys' fees and costs, both trial and appellate. 18. MISCELLANEOUS. 18.1. General This Agreement, and any amendment hereto, maybe 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 identi-fication only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes alI 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. ThePartieshereb a ee that 'urisdiction of any litig-akwLhmughLa AMR ip Mryrr ILMY." 18.2. Computation of Time. Any reference herein to time periods which are not measured in 00524530-1 Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 18.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 18-4. Construction of Agreement. The Parties to this Agreement have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 18.5. Severabilfty. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initial by CRA and SELLER shall control all printed provisions in conflict therewith. i 18.7 Waiver of Lujy Trial. As an inducement to CRA agreeing to enter into this Agreemer 'A k1w. &.k A 0 Bills) 6'#) oil UTZAIN In Aggrne Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 18.9 Binding Autho . Each party hereby represents and warrants to the other that ea person executing this Agreement on behalf of the CRA and SELLER has full right and lawful authority execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is si with respect to all provisions contained in this Agreement. 18-10 Recording. This Agreement may be recorded in the Public Records of Palm Bea County, Florida. I 18.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER'S Property Deed and CRA's possession of the Property. XWMIM 18.12 SELLER Attornevs' Fees and Costs. SELLER acknowledges and agrees that SELLER shall R e responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. II!1111 I 1 1151 1 N J! III 111111111111111" I1IIIIIP1I Pill 1!111 , 11111 r, -M —W1 I I'm M'. F, OEM 1 ■ DI U AVA 01 IM UrTA 131 ON wilt 114 31 of a Printed Name: Jerry Taylor Title: Chair I= WITNESS: WITNESS: L-e—wis, ngman & '1Mdk-P—r.&A- Printed Name: Printed Name: Charles White Title: Manager WITNESS: WITNESS: "BOYNTO' Yat,. BEACH!'��",CRA. `° ♦ 1 MEETING OF: July 14,2015 1 Consent Agenda I J Old Business IX I New Business I I Legal I I Information Only Other SUBJECT: Consideration of Letter of Intent from Westbrook Housing Development, LLC for Ocear Breeze East Site 1 r - - -r - -• - • - �; • - r •• - 1. Purchase Price: $1.7M . Deposits: $10,000 initially with an additional $20,000 within five days of approved reservation of allocation of Tax Credits 3. Balance to be paid in cash at closing 4. 90 day inspection period from the execution of the contract 5. Closing date shall occur ninety days after the issuance of the award of allocation of tax credits but no later than August 31, 2016. Two thirty day closing extensions may be allowed for the sum of $15,000 each 6. Proposed Project: 120 units of senior housing in 3 to 4 story buildings. Attached is the LOI and information on the developer and projects they have developed. CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment In Update IkECOMMENDATIONS/OPTIONS: Staff recommends that the Board have presentations I rom all parties interested in the property party to - r a Purchase and Development. Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board Meetings\July 20151Westbrooks LOI.doex MAU &M-9 *3 ON 9 DI Oka R July 7, 2015 Ms. Vivian BrI Executive Director 710 N. Federal Highway Boynton Beach, FL 33435 "S O"t "14 M, In. a 1 r - M I I TDMANN 6 ION II 11fiII ijq-7q j M a LO III to R I Westbrook G. -f -i ter- LLC -an-r-mme. ta ViIJURLUU-M TO 5 11c MU 1I acceg-tHole w me parties, as evidenced by this "Letter of Intent": I R DescripiLon of : The propedy C'EpppW) consists of approximately — 4.391+/- acres of land located on N. Seacrest Boulevard, Boynton Beach, Florid.o-z and further shown in Exhibit A. 4. Purchase Price.* The purchase price C'Purchase Price") for the Pro perty shall be One Million Seven Hundred Dollars ($1,700,000.00), payable as follows: a. Ten Thousand Dollars ($10,000.00) in eamest money deposit CEame MpnMo shall be deposited with Foley & Lardner LLP CEscrow Agenf). b. Twenty Thousand Dollars (S20,000.00) as additional Earnest Money shall be deposited with Escrow Agent within five (5) business days of the approved Resm-ation of AlloI of Tax Credits from the Flonda Housing Finance Corporation. Upon deposit of the additional Earnest Money deposit, the ent= Earnest Money shaLl become non-refimdable to Purchaser. In the absence of such additional deposit, by the aforementioned deadline, the Agreement will automatically terminate and all previous Deposits will be returned to Purchaser in accordance with the Agreement Notwithstanding any of the above, all Deposits shall immediately be returned to the Purchaser and the Agreement will automatically terminate upon Default by the Seller. c.The balance is to be paid to Seller in cash at Closing. 5. kappAgn Period: Purchaser shall have Ninety days (90) days from the date of the mutual execution of a Cont -act for the Inspection Period. The Inspection Period is to allow Purchaser to (i) make a physical examination of the Property, including environmental audit of the Property and the improvements th�f'= 1n, and (ii) inspect documents relating to the Property. G. Closing: The closing C'Closing') of the sale and purchase of the Property shall take place: Ninety (90) days after the issuance of an Award of an Allocation of Low Income Tax CWdits from the Florida Housing Finance Corporation, but no later than August 31, 2016.Notwithstanding the forgoing, Purchaser, at Purchasers option shall have the right to purchase from Seller two thirty (30) day extensions to the Closing date C'Closing ]Extensions) for the sum of Fifteen Thousand dollars ($15,000.00) each, which shall be non-refundable to purchaser, except for Sellers default. 7. Conftct: Within five (5) business days following the date upon which Seller accepts this Letter of Intent, Purchaser WWI deliver to Seller a draft of a proposed Conb-M. The parties agree that the Conhuct will be negotiated in good faith and executed within ten (10) business days Is. Seller's receipt of the draft and shall include the term set forth in this Letter of Intmt- Zoing: Wesbrook will Cooperate and assist Boynton Beach CRA in maldng and Processing application required to obtain rezoning and site plan approval that will allow the projected project to be constructed and operated. New zoning to allow for mulmokily housing must be finah=d before due date of RFA to FHFC. 9. Non -Binding: This Letter of Intent is not intended to be a binding commitment with respect to the proposed sale and purchase. The obligation of both parties to proceed will only be evidenced by the Contract that is satisfactory in forni and substance to each of the parties. Until the ConftW is executed and delivered, there will be no legal obligations of any kind whatsoever of either party to the proposed transaction. Name: Craig i Title: Mornk-w By: Name: Vivian Bmoks Title: Executive -F;i;�kpr 11111 1 - • A Joint Venture between: JPM Development LLC 0 Westbrook Housing Development LLC Overview: The Seacrest Boulevard Development will be a 120 -unit new construction rental community located at 700 N. Seacrest Boulevard, Boynton Beach, Florida. The community will consist of 120 units located within one three- four story building, along with associated community amenities. The development will be designed to meet all architectural requirements of the City of Boynton Beach. All units within the community will be targeted and restricted to tenants aged 55 years and older per Federal regulations. The community will be constructed utilizing the Federal Low Income Housing Tax Credit program administered by the Florida Housing Finance Corporation (FHFC). Per the FHFC 2014- 115 Request for Application, there is a Local Government Contribution required for all applicants seeking tax credit award in the amount of $75,000. This one time local contribution requirement can be in the form of SHIP funds, grant, fee waiver or loan. Even though not yet finalized by Florida Housing, it's anticipated the contribution amount will remain unchanged for the 2015 cycle. The development site consists of approximately 4.39 acres of vacant land fronting Seacrest Boulevard. The overall density will be within the new limits set by the re- zoning of the property in Boynton Beach. In keeping the total development at 120 units, we feel that we are keeping the production of new affordable units at a level consistent with the market demand within the City and its surroundings. The unit and common area designs will be of the highest quality, thereby creating a positive impact to the neighborhood. The single building will have secured access and full time property management. The location of the site is optimal for the targeted senior population of the development. Within a short distance are a bus stop, which serves multiple routes, North Center of General Medicine, CVS Pharmacy, Grocery Stores, public parks, and public library. Also within close proximity is the Boynton Beach Senior Center. The community will consist of a combination of one and two bedroom units. Unit amenities will include fully equipped kitchens, with range, refrigerator, dishwasher, garbage disposal, central A/C, ceiling fans, porch/patios, window treatments, cable hookups, and washer/dryer hookups. Community amenities will include an exercise room, community clubhouse, and recreation area. The community will also provide resident programs targeted towards assisting tenants through educational programs, activities, health screenings and community events. All units in the development will be targeted towards low-income tenants earning less than 60% of median income. Additionally, 10% of the units will be set-aside for tenants earning less than 35% of the area median income. Rents will be below comparable market rate properties in the area, and will provide the senior citizens of the Boynton Beach community with high quality, well-managed housing alternates that will be an asset to the community. The new development will bring to the community approximately $15,000,000 in capital investment from federal and private equity sources. Significant construction employment opportunities brought on during construction and by permanent property management jobs will positively impact the local economy. The development will pay standard property taxes and utility connection fees that will be a significant benefit to the local government. !_ E-IMMA Y-7711 primary development team consists of JPM Development LLC and Westbrook Housing Development LLC and their principals. JPM Development, LLC and Westbrook Housing Development, LLC have been developing and building projects as a team for over 15 years. The combination of the construction expertise and development expertise has proven to greatly reduce conflicts that are typical in any project, which significantly reduces the inherent risk of developing projects. JPM and Westbrook have successfully developed and operate 10 Affordable Housing projects, with three new Affordable Developments currently under construction. Both JPM and Westbrook have been active in the development and construction of multifamily communities across many parts of the U.S. Please see the attached qualification statement that lists in detail some of our past tax credit developments. JIM Partners: Brian Stadler Lynn Wolgast Patrick Wolgast History: Westbrook Housing Development, LLC was established in 2005 with a single purpose of developing affordable housing. The partners have been developing and building projects as a team for over twenty years. The com- bination of the construction expertise and development expertise has proven to greatly reduce conflicts that are typical in any project, which significantly reduces the inherent risk of developing projects. Having served solely as a General Contractor on Affordable Housing projects, we quickly saw the benefits to the syndication partners if we could serve both roles, which greatly enhanced the probability of delivering a successful project within budget and on schedule and was a natural fit considering our extensive development experience. Westbrook Place Apartments ,- 2006 Battle Creek, Michigan - $7,400,000 Tax Credit Syndicator - John Nunnery, PNC Bank In a Co -Developer role with JPM Group, we successfully scored and syndicated Federal Tax Credits to refurbish a shuttered Community Hospital that included 7 stories and 69 units to serve seniors 55 and older. This was a complex project, which included maintaining the exterior character of the building while getting the interior to create a high quality living experience for the new tenants. The project was completed on schedule and budget. Residences at Westbrook Place - 2008 Battle Creek - $7,100,000 Tax Credit Syndicator - John Nunnery, PNC Bank This project was another partnership with JPM Group and included the demolition of a 6 story shuttered Community Hospital. Forty-eight multi -family units were created in six separate buildings. Each building was delivered separately, so that lease up could be phased in to maximize credit de- livery. This project was delivered on schedule and budget. *Please see the attached resumes for the Partners of Westbrook Housing Development, LLC. Wickes Park Homes - 2011 Saginaw, Michigan - $3,400,000 Funding - 1602 In a co -development role with JPM Development, we success- fully obtained 1602 funding to complete this 25 -unit single family project. The family project was delivered on time and was fully leased in 90 days. Our partnership with the City of Saginaw and MSHDA made this project possible in very difficult times in the industry. Journet Place - 2011 Port Richey, Florida - $10,500,000 Funding 0 4% Tax Credits, Bords, and 1602 In a co -development role with JPM Development, we successfully obtained the financing for this project in July 2010, started con- struction in January 2011 and finished in November 2011. This fast-track project included 108 senior apartments delivered in two phases. • Place 108 units JPM Group LLC was lead developer in the development of the Journet Place Senior Apartments in Port Richey, Florida. Journet consists of 108 units within one single building set-aside for occupants 55 and older. Generous community spaces and amenity areas were incorporated into the building providing an enhanced residential environment. till c. �� Irg' Community Club Area 'Uestbrook Place Apartments 68 units • restricted to Senior Residents 55 and • Baffle Creek, • I - i ii n entrance to the building IF7=IF-,'partment interior Typical Now Building Keown• Rock,34 units Little Ito 0 subdivision developed in accordance with Section 42 LIHTC requirements. At the conclusion of the initial compliance period all homes•- sold '• low income families creating an owner occupied community. ire Typical four unit building Typical sixteen unit building wr nan Stadler Development Te■ Principal/Guarantor Westbrook a w Development, Wolgast Corporation Served many roles during his career including the following: President & CEO 2006 - Present President 2001 -2006 Vice President of Construction 1998-2001 Vice President Restaurant Division 1996- 1998 Project Manager/Estimator 1990- 1996 Director of Business Development 1990- 1994 Ownership interest in a development company: Partner - Westbrook Housing Development, LLC i=A-11 s + During his more than twenty years with Wolgast Corporation, f3rion has served many roles. Many of the development projects were assigned as a Project Manager/Estimator. As a man- ager of Wolgast Corporation, Brian has transformed Wolgast Corporation into a profession- ally managed organization that is process oriented and provides clients with superior service. Today, Wolgast Corporation produces yearly revenues of 30-60 million dollars every year. In place construction averages in excess of 75 million dollars annually. Furthermore, Wolgast Corporation delivers projects of various sizes in several states including Illinois, New Jersey, South Carolina, Florida, Ohio, Indiana, and Wisconsin. In 2003, Brian lead an effort to enter the Tax Credit Housing industry as a Developer and Contractor after building projects for other developers. Combining Wolgast's development experience and contracting capabilities lead to the establishment of Westbrook Housing De- velopment, LLC and the hiring of industry expert John Dupont along with a partnership with JPM Group of Jacksonville, Florida. 4835 Towne Centre Road, Suite 203 Saginaw, MI 48604 O) 989.790.9120 C) 989.233.4656 91MITA 00R&A ailsr s . WESTBROOK PLACE APARTMENTS, Battle Creek, MI Tota I S. F: 90,000 Owned by: Westbrook LDHA Total Cost: $8,200,000 RESIDENCES AT WESTBROOK, Battle Creek, MI Total S. F: 68,000 Owned by: Residences at Westbrook LDHA Total Cost: $7,200,000 WICKES PARK HOMES, Saginaw, MI Total S.F: 28,800 Owned by: Wickes Park LDHALP Total Cost: $3,400,000 JOURNET PLACE, Port Richey, FL Total S. F.: 124,000 Owned by: Journet Place LP Total Cost: $10,500,000 Building Use: Tax Credit Housing (69 Units) Year Built: 2005 Building Use: Tax Credit Housing (48 Units) Year Built: 2008 Building Use: 24 Single Family Homes Year Built: 20111 Building Use: Tax Credit Housing (108 SeniorApts) Year Built: 2011 Lynn Wolgast Development • Principal/Guarantor 'Westbrook Housing Development oymer�t HUtory Wolgast Corporation Served many roles during 1975 - Present his career including the following: Board Member current CEO 1999-2006 President & CEO 1986- 1998 wnership kr erest in many deveiopm-ent companies including: Westbrook Housing Development Wolgast Development Towne Centre Development Bombay Group Riverfront Development Blue Group Investors Towne Centre Hospitality *See attached listing of projects that have been developed Experience/Roles During his thirty-five years with Wolgast Corporation, Lynn lead the company to many firsts in the Mid -Michigan area. Wolgast was the first contractor to employ an Architect in 1987 starting the Design/Build era at the company. Wolgast continues to be a leading Design/ Builder of Medical, Housing, Manufacturing, Hospitality, and Commercial projects. In 1996, Wolgast Corporation added Construction Management as another delivery method for its clients. Since that time, Wolgast Corporation has built over 1 billion dollars of projects using the CM delivery method for Schools, Medical, and Commercial projects. In 1998, Lynn and his brother Pat established and ESOP so that the employees of Wolgast Corporation could buy the company that so many of them helped build over the years. The final sale of the remaining stock was sold in 2006 and today Wolgast Corporation is ❑ 100% Employee -Owned Company. In addition to the 35 years of experience in managing Wolgast Corporation, Lynn has served as the lead in developing most of the projects listed on the attached list. His primary roles included; securing commercial tenants, securing financing, managing the development pro- cess, and directing the property management of the office developments. Contact Information 4835 Towne Centre Road, Suite 203 Saginaw, MI 48604 Oy 989.790.9120 C) 989.233.4669 EXECUTIVE Il BUILDING, Saginaw, MI Total S.F.: 30,000 Owned by: Towne Centre Development Total Cost: $3,000,000 EXECUTIVE I BUILDING, Saginaw, MI Total S.F.: 20,000 + 5,000 basement Owned by: Towne Centre Development Total Cost: $2,000,000 MEDICAL ARTS I, II, & II BUILDING, Saginaw, MI Building Use: Office Occupancy: 100% Year Built: 2001 Building Use: Office Occupancy: 100% Year Built: 1987 Total S.F: 33,000, 33,000, & 45,000 Building Use: Medical Office Owned by: Now owned by its occupants Year Built: 1987-1995 Total Cost: $3,000,000, $3,000,000, & $4,500,000 FEDERAL BANKRUPTCY COURT, Bay City Total S.F.: 17,000 Building Use: Courthouse/Office Owned by: Riverfront Development Occupancy. 100% Total Cost: $1,800,000 Year Built: 1998 US ATTORNEYS OFFICE, Bay City, MI Total S.F.: 17,000 Owned by: Riverfront Development Total Cost: $2,000,000 FEDERAL BUREAU OF INVESTIGATION, Bay City, MI Tota I S. F.: 8,500 Owned by: Riverfront Development Total Cost: $1,000,000 FAMILY INDEPENDENCE AGENCY, Big Rapids, MI Total S.F: 18,000 Owned by: Wolgast Development Total Cost: $1,600,000 MACHINING ENTERPRISES, Saginaw, MI Total S.F: 73,800 Owned by: Bombay Group Total Cost: $3,200,000 BLUE GROUP INVESTMENTS, Saginaw, MI Total S.F.: 48,163 Owned Bay: Blue Group Investors, LLC Building Use: Office WESTBROOK PLACE APARTMENTS, Battle Creek, MI Total S.F.: 90,000 Owned by: Westbrook LDHA Total Cost: $8,200,000 Building Use: Office Occupancy: 100% Year Built: 2000 Building Use: Office Occupancy: 100% Year Built: 2008 Building Use: Office Occupancy: 100% Year Built: 1997 Building Use: Manufacturing Occupancy: Year Built: 2001 Building Use: Tax Credit Housing (69 Units) Year Built: 2005 RESIDENCES AT WESTBROOK, Battle Creek, Ml Total S.F.: 68,000 Owned by: Residences at Westbrook LDHA Total Cost: $7,200,000 WICKES PARK HOMES, Saginaw, Ml Total S.F: 28,800 Owned by: Wickes Park LDHALP Total Cost: $3,400,000 JOURNET PLACE, Port Richey, FL Total S.F.: 124,000 Owned by: Journet Place LP Total Cost: $10,500,000 CONSOLIDATED FREIGHTWAYS, Flint, MI Total S.F: 15,000 Owned by: Sold Total Cost: $750,000 CONSOLIDATED FREIGHTWAYS, Bryan, OH Total S.F: 3,950 Owned by: Sold Total Cost: $325,000 HOOTER'S, Bay City, MI Total S.F: 4,500 Owned by: Sold Total Cost: $785,000 Building Use: Tax Credit Housing (48 Units) Year Built: 2008 Building Use: 24 Single Family Homes Year Built: 2011 Building Use: Tax Credit Housing (108 SeniorApts) Year Built: 201-1 Year Built: 1993 Year Built: 1995 Building Use: Restaurant Year Built: 1994 WOLVERINE JUVENILE SECURE TREATMENT FACILITY, Saginaw, MI Total S.F.: 72,000 Building Use: Juvenile Facility Owned by: Sold Year Built: 1997 Total Cost: $6,800,000 OAK MEADOWS CONDOMINIUMS, Saginaw, MI Total S.F.: 35 units at 1,600 - 1,800 s.f. Owned by: Units are owned by occupants Total Cost: $205,000 - $220,000 HOLIDAY INN EXPRESS, Saginaw, MI Total S.F.: 52,000 - 98 Rooms Owned by: Sold Total Cost: $5,500,00 FOUR POINTS BY SHERATON, Saginaw, MI Total S.F.: 6 Floors Owned by: Sold Total Cost: $2,750,000 PROCARE SYSTEMS, Big Rapids, MI Tota 5,923 Owned by: Sold Total Cost:$850,000 Building Use: Market Rate Housing Year Built: 1984 & 1997 Building Use: Hotel Year Built: 2001 Building Use: Hotel Year Built: 2006 Building Use: Medical Office Year Built: 2004 Pat Wbigalst Development Westbrook Housing Development, LIC Employment E.istory Wolgast Corporation 1970 - Present Served many roles during his career including the following: Board Member current coo 1986-2006 Vice President & COO 1986- 1999 President & COO 1999-2001 Ownership interest in many development companies including: Westbrook Housing Development Wolgast Development Towne Centre Development Bombay Group Riverfront Development Blue Group Investors Towne Centre Hospitality *See attached listing of projects that have been developed Experience/Roles During his forty years with Wolgast Corporation, Pat lead the operations of the company which is today best known for its ability to design and build projects quicker and with better quality that any of its competition. During Pat's time as President, the company undertook an unprecedented task of systemizing the company enabling it to provide the unmatched performance to its clients' predictably time after time. In 1998, Pat and his brother Lynn established and ESOP so that the employees of Wolgast Corporation could buy the company that so many of them helped build over the years. The final sale of the remaining stock was sold in 2006 and today Wolgast Corporation is a 100% Employee -Owned Company. In addition to the 35 years of experience in managing Wolgast Corporation, Pat has served as the lead in building and maintaining most of the projects listed on the attached list. His primary roles include; overseeing design, developing project construction strategies, over- seeing construction, and maintaining real estate. Contact Information 4835 Towne Centre Road, Suite 203 Saginaw, MI 48604 O) 989.790.9120 C) 989.233.4669 EXECUTIVE II BUILDING, Saginaw, MI Total S.F.: 30,000 Owned by: Towne Centre Development Total Cost: $3,000,000 EXECUTIVE I BUILDING, Saginaw, MI Total S.F: 20,000 + 5,000 basement Owned by: Towne Centre Development Total Cost: $2,000,000 MEDICAL ARTS I, II, & If BUILDING, Saginaw, MI Building Use: Office Occupancy: 100% Year Built: 2001 Building Use: Office Occupancy: 100% Year Built: 1987 Total S.F: 33,000, 33,000, & 45,000 Building Use: Medical Office Owned by: Now owned by its occupants Year Built: 1987- 1995 Total Cost: $3,000,000, $3,000,000, & $4,500,000 FEDERAL BANKRUPTCY COURT, Bay City Total S.F: 17,000 Building Use: Courthouse/Office Owned by: Riverfront Development Occupancy: 100% Total Cost: $1,800,000 Year Built: 1998 US ATTORNEYS OFFICE, Bay City, MI Tota I S.F: 17,000 Owned by: Riverfront Development Total Cost: $2,000,000 FEDERAL BUREAU OF INVESTIGATION, Bay City, MI Total S.F.: 8,500 Owned by: Riverfront Development Total Cost: $1,000,000 FAMILY INDEPENDENCE AGENCY, Big Rapids, MI Total S.F: 18,000 Owned by: Wolgast Development Total Cost: $1,600,000 MACHINING ENTERPRISES, Saginaw, MI Total S.F: 73,800 Owned by: Bombay Group Total Cost: $3,200,000 BLUE GROUP INVESTMENTS, Saginaw, MI Total S.F: 48,163 Owned Bay: Blue Group Investors, LLC Building Use: Office WESTBROOK PLACE APARTMENTS, Battle Creek, MI Tota I S.F.: 90,000 Owned by: Westbrook LDHA Total Cost: $8,200,000 Building Use: Office Occupancy: 100% Year Built: 2000 Building Use: Office Occupancy: 100% Year Built: 2008 Building Use: Office Occupancy: 100% Year Built: 1997 Building Use: Manufacturing Occupancy: Year Built: 2001 Building Use: Tax Credit Housing (69 Units) Year Built: 2005 RESIDENCES AT WESTBROOK, Battle Creek, MI Total S.F: 68,000 Owned by: Residences at Westbrook LDHA Total Cost: $7,200,000 WICKES PARK HOMES, Saginaw, MI Total S. F: 28,800 Owned by: Wickes Park LDHALP Total Cost: $3,400,000 JOURNET PLACE, Port Richey, FL Total S.F.: 124,000 Owned by: Journet Place LP Total Cost: $10,500,000 CONSOLIDATED FREIGHTWAYS, Flint, MI Total S.F.: 15,000 Owned by: Sold Total Cost: $750,000 CONSOLIDATED FREIGHTWAYS, Bryan, OH Total S.F.: 3,950 Owned by: Sold Total Cost: $325,000 HOOTER'S, Bay City, MI Total S. F: 4,500 Owned by: Sold Total Cost: $785,000 2008Building Use: Tax Credit Housing (48 Units) Year Built: Building Use: 24 Single Family Homes Year Built: 2011 Building Use: Tax Credit Housing (108 SeniorApts) Year Built: 2011 Year Built: 1993 Year Built: 1995 Building Use: Restaurant Year Built: 1994 WOLVERINE JUVENILE SECURE TREATMENT FACILITY, Saginaw, MI Total S.F.: 72,000 Building Use: Juvenile Facility Owned by: Sold Year Built: 1997 Total Cost: $6,800,000 OAK MEADOWS CONDOMINIUMS, Saginaw, MI Total S.F.: 35 units at 1,600 - 1,800 s.f. Owned by: Units are owned by occupants Total Cost: $205,000 - $220,000 HOLIDAY INN EXPRESS, Saginaw, MI Total S.F.: 52,000 - 98 Rooms Owned by: Sold Total Cost: $5,500,00 FOUR POINTS BY SHERATON, Saginaw, MI Total S.F.: 6 Floors Owned by: Sold Total Cost: $2,750,000 Rt O CA R SYSTEMS, R . Rapids, •♦1. • !. Owned • y: Sold Total Cost: $850,000 Building Use: Market Rate Housing Year Built: 1984 & 1997 Building Use: Hotel Year Built: 2001 Building Use: Hotel Year Built: 2006 Building Use: Medical Office Year Built: 2004 JPM Development, LLc Creating Quality Affordable Housing JPM Development LLC .............. -,""I'll" ............... 1 Brian Parent and Craig Jeup established JPM Group LLC and its affiliated companies in 2002 for the purpose of developing high quality affordable housing in select markets. Sunsequently, JPM Development LLC was formed in 2090 to continue as the primary development company new JPM developments. JPM develops and operates high quality affordable multi -family housing communities in the Southeastern and Midwestern Unites States. JPM strives to provide safe, high quality, comfortable, amenity laden units for families and senior residents who otherwise are limited in their ability to afford the high quality market rate units in their community. JPM is dedicated to providing a living environment that enhances the lifestyle of its residents, and provides community services and amenities that will help its residents further improve their lives and create a sense of community within each development. JPM provides a full-scale effort at finding and developing high quality communities. Depending on the nature of the local market, we often creates partnerships with local non-profit groups and other development groups to enable us to best meet the needs of each individual development. This strategy allows us to further enhance the strengths of the management team, to leverage our internal resources and to build local relationships to promote and develop affordable housing on a regional and national basis. Brian Parent has been involved in the residential development industry for the past 95 years. In that time, Brian has overseen development of both singe family for sale housing, as well as multi -family apartment communities. As partner in JPM, he has been instrumental in developing communities in Michigan, Arkansas, and Florida. Brian holds a Masters in City and Regional Planning from Clemson University, as well as Bachelor of Science from Florida State University. CRAIG T. JEUP Craig Jeup spent the first six years of his career in the investment banking industry as a fixed income trader in Chicago and with First Union Bank in Charlotte. His subsequent eight years of real estate sales experience include proven expertise in negotiations, market/project analysis, site selection, and marketing. Overall, Craig has been involved in the real estate industry for over 20 years. For the past thirteen years, Craig has been involved in developing affordable housing communities on a national level. Since forming JPM with Brian Parent, he has been instrumental in the development of many new communities, as well as the formation of joint venture partnerships with local non-profit groups. Craig holds a Bachelor's Degree in Business Administration from Western Illinois University and is a licensed real estate broker. "I UIRMALF121, "111 1 G J �! Principals: Brian J. Parent Craig T. Jeup Name and Location # Units Project Type Status Stonewood Apartments 52 units multifamily LIHTC new construction complete Little Rock, Arkansas Westbrook Place 68 units Historic Adaptive Re -use complete Battle Creek, Michigan Senior LIHTC Residences at Westbrook 48 units Multi -family LIHTC new construction complete Battle Creek, Michigan 2850 Riverside 2 units historic renovation complete Jacksonville, Florida Keown Homes 34 units Single Family LIHTC rental community complete Little Rock, Arkansas Wickes Park Homes 24 units Single Family LIHTC rental community complete Saginaw, MI Journet Place 108 units Senior LIHTC apartment community complete Port Richey, Florida Magnolia Place 80 units Senior LIHTC apartment community in development New Port Richey, Florida West End Village 30 units Single Family LIHTC rental community in development Russellville, Arkansas City of New Port Richey, Florida Ms, Lisa Fierce -Development Director Telephone -(727) 853-1038 fiercel c (ofn y Lwportriche.or City of New Port Richey, Florida Mr. Michael German -Building official Telephone -(727) 853-1045 germanmO cit ofne pg ric ev.o City of Saginaw, Michigan Mr. John Stemple -Chief Building Inspector Telephone- (9 9) 759-1304 Je ole _ saeina - l.co City of Saginaw, Michigan Dr. Odail Thorns -Director of Community and Economic Development (Ret) Telephone -(989) 239-1864 Battle Creek Unlimited, Michigan Ms. Cheryl Beard -Director Telephone -(269) 968-1622 City of Russellville, AR Mayor Bill Eaton Telephone- (479) 968-2358 II ankof (J Merrill rSslsd S ynch 461 East Las Olas Blvd, 9°e floor FL6-812-19-05 Ft Lauderdale, FI 33306 Diane L. Roar Senior Vice President 954-765-2188 April 14, 2014 To whom it may concern: This letter will serve to confirm our banking relationship with JPM Development. We have enjoyed working with this entity over the past several years, and during that time have had a satisfactory experience with both lending and deposit relationships handled as agreed. We value our relationship with JPM, and will be available to provide additional information or details upon request. Please feel free to contact me at 954-765-2188 if I may of assistance. Sincerely, Bank of America Merrill Lynch `. Gf: 4 N S incomeunit single family development in Russellville, AR. This project was awarded section 42 low •using tax creditsby Development r serves as the constructiond- n/ limited partner an • Development, LLC and Westbrook Housing Development, LLC own the general partner entity and have managed the day to day development duties for the project. Since construction commencement in November of 2012 the project is now complete and every unit has been leased. To date, all business has been handled as agreed. if you have any questions about our bank's experience with these entities, please call me at (601) 790-8269 or email me at davidn.payne@regions.com Regards, David N. Payne Vice PresideTt JPM Development, LLc Craig Jeup Brian Parent and Craig Jeup established JPM Group LLC and its affiliated companies in 2002 for the purpose of developing high quality affordable housing in select markets. Sunsequently, JPM Development LLC was formed in 2010 to continue as the primary development company new JPM developments. JPM develops and operates high quality affordable multi -family housing communities in the Southeastern and Midwestern Unites States. JPM strives to provide safe, high quality, comfortable, amenity laden units for families and senior residents who otherwise are limited in their ability to afford the high quality market rate units in their community. JPM is dedicated to providing a living environment that enhances the lifestyle of its residents, and provides community services and amenities that will help its residents further improve their lives and create a sense of community within each development. JPM provides a full-scale effort at finding and developing high quality communities. Depending on the nature of the local market, we often creates partnerships with local non-profit groups and other development groups to enable us to best meet the needs of each individual development. This strategy allows us to further enhance the strengths of the management team, to leverage our internal resources and to build local relationships to promote and develop affordable housing on a regional and national basis. Management Team BRIAN PARENT Brian Parent has been involved in the residential development industry for the past 15 years. In that time, Brian has overseen development of both singe family for sale housing, as well as multi -family apartment communities. As partner in JPM, he has been instrumental in developing communities in Michigan, Arkansas, and Florida. Brian holds a Masters in City and Regional Planning from Clemson University, as well as a Bachelor of Science from Florida State University. Craig Jeup spent the first six years of his career in the investment banking industry as a fixed income trader in Chicago and with First Union Bank in Charlotte. His subsequent eight years of real estate sales experience include proven expertise in negotiations, markettproject analysis, site selection, and marketing. Overall, Craig has been involved in the real estate industry for over 20 years. For the past thirteen years, Craig has been involved in developing affordable housing communities on a national level. Since forming JPM with Brian Parent, he has been instrumental in the development of many new communities, as well as the formation of joint venture partnerships with local non-profit groups. Craig holds a Bachelor's Degree in Business Administration from Western Illinois University and is a licensed real estate broker. Principals: Brian J. Parent Craig T. Jeup Stonewood Apartments 52 units multifamily LIHTC new construction complete Little Rock, Arkansas Westbrook Place 68 units Historic Adaptive Re -use complete Battle Creek, Michigan Senior LIHTC Residences at Westbrook 48 units Multi -family LIHTC new construction complete Battle Creek, Michigan 2850 Riverside 2 units historic renovation complete Jacksonville, Florida Keown Homes 34 units Single Family LIHTC rental community complete Little Rock, Arkansas Wickes Park Homes 24 units Single Family LIHTC rental community complete Saginaw, MI Journet Place 108 units Senior LIHTC apartment community complete Port Richey, Florida Magnolia Place 80 units Senior LIHTC apartment community complete New Port Richey, Florida West End Village 30 units Single Family LIHTC rental community complete Russellville, Arkansas Millwood Place 48 units Multi -family LIHTC new construction under - Clarksville, Arkansas construction West Helena Village 48 units Multi -family LIHTC new construction under - West Helena, Arkansas construction Liberty Place 80 units Multi -family LIHTC new construction under- Hinesville, GA construction Journet Place 1: units Port Richey, Florida JPM Group LLC was lead developer in the development of the Journet Place Senior Apartments in Port Richey, Florida. Journet consists of 108 units within one single building set-aside for occupants 55 and older. Generous community spaces and amenity areas were incorporated into the building providing an enhanced residential environment. - Front ii iEntry Community f Magnolia Place TO units New Port Richey, Florida JPM Group LLC was lead developer in the development of the Magnolia Place Senior Apartments in New Port Richey, Florida. Magnolia Place consists of 80 units within one single building set-aside for occupants 55 and older. Generous community spaces and amenity areas were incorporated into the building providing an enhanced residential environment. Pommunity Gathering Area Westbrook Place Apartments 68 units Age restricted to Senior Residents 55 and ov Battle Creek, Michigan I Current main entrance to the building Typical Apartmentinterior unitsa MichiganBattle Creek, JPM Group LLC was the lead developer in the redevelopment of the non -historic Battle Creek Community Hospital site, located in Battle Creek, Michigan. The project consists of the demolition of the vacant 220,000 square foot hospital building and subsequent construction of 48 new townhome rental units. The site is adjacent to the previously redeveloped historic hospital site and is the culmination of a $20,000,000 redevelopment resulting in the two Westbrook communities. Typical New Building Typical homes within the community JPM Group LLC was the lead developer in the development of the Keown Homes single-family community in Little Rock, Arkansas. Keown Homes consists of thirty-four newly constructed single-family homes within a contiguous subdivision developed in accordance with Section 42 LIHTC requirements. At the conclusion of the initial compliance period all homes will be sold to low income families creating an owner occupied community. r Typical four unit building Typical sixteen unit building BoYNTONF BEACH '!!11""C'RA BOARD MEETING OF: July 14,2015 AGENDA ITEM #: XV. A. 1. Beyoutiful Boutique- 322 Boynton Beach Blvd. 2. Le Petit Pain- 410 Boynton Beach Blvd. 3. Seacrest Recovery Center LLC- 638 Ocean Ave. 4. Souvlaki Fast- 305 Woolbright Rd. FISCAL IMPACT: N/A TAAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2014 - 2015 Board MeefingM.July 201MNew Business agenda Item July.docx 30ynfon I?eads Getting Hooked On Books! Partners: July 14, 2015 Barnes & Noble Boynton Beach City Library Dear City of Boynton Beach Redevelopment Agency, Boynton Beach Fire and Rescue Department Boynton Beach/Lantana Boynton Reads is a Boynton Beach community effort to improve literacy in Boynton Rotary Club Beach. Our goal is to increase literacy among adults and children in our community and help to Boynton Beach Youth Empowerment Center ensure that they receive necessary materials to achieve this. Children's Services Council As a representative of Boynton Reads, I'd like to invite you to join our partnership and Forest Park Elementary work together to increase literacy in Boynton Beach, FL. As a group of community partnerships, we School Galaxy Elementary School are working on two specific goals this year. Rolling Green Elementary Our first goal is to increase attendance and punctuality in our low performing Boynton Literacy Coalition of Palm Beach schools. Our second goal is increase literacy among the adults and children in our Beach County community. This goal is extremely important so children and their families find the joy in reading Pathways to Prosperity and see it as an important time for the entire family. On October 3, 2015 we are having an event "Falling in Love with Reading" to bring reading resources to the families in the community. Boynton Reads will be a great asset for the community and its future of citizens who enjoy reading. We have already organized several book drives and have put new books in the hands of students in three under privileged elementary schools. We would love to have you join us in this effort as we begin to increase literacy in Boynton Beach, FL. Please let me know if you have any questions and if you are able to participate in this community event. Please join us at our next meeting on August 4 at 4:OOpm at the Children Service Council, 2300 High Ridge Rd, Boynton Beach, 33426. Off Gateway Blvd and High Ridge Rd. Thank you for your consideration, Nadia Stewart Rolling Green Elem. Teacher /Boynton Reads Member 561-371-7247 angels mti@yahoo.com Increasing literacy among adults and children in our community. Brooks, Vivian From: Brooks, Vivian Sent: Tuesday, July 14, 2015 1:11 PM To: Taylor, Jerry; Casello, Joseph; Fitzpatrick, Mike; Merker, David; McCray, Mack Cc: tduhy@llw-law.com Subject: FW: Request for resume Importance: High See information below regarding Mr. Schniers employment history as requested by Board Member McCray through the CRA attorney. Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 o: 561-600-9090 1 f: 561-737-3258 BrooksViObbfl.us I www.catchboynton.com BOYNTON BEACH CRA Like us on Fare book © America's Gateway to the Gulfstream The information contained in this transmission may be 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 that you 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. From: Allan Schnier [mailto:allans@htgf.com] Sent: Thursday, June 18, 2015 12:04 PM To: Tara Duhy Cc: Brooks, Vivian Subject: Re: Request for resume Tara, Has this request been made of other developers/people doing business with the CRA? While I'm out of town, I'll do my best to answer your query. I have nothing to hide or be ashamed of. I've been in the business for over 35 years and have been responsible for either financing or developing thousands of affordable rental units for low and moderate income families. Prior to 2009 1 was a lender and syndicator of Low Income Housing Tax Credits. In 2009 when the economy went south, Hudson Housing out of New York and a syndicator of Low Income Housing Tax Credits closed down their Florida office. The tax credit business dried up and it took the stimulus bill in 2009 to save it. Many syndicating shops either closed or down sized. I was subsequently hired by the Auburn Group where I secured the financing and development of the Village of Delray, a 144 unit affordable rental community and the repositioning/refinancing of the Groves of Delray, a senior community in Delray Beach. Due to Mr. Hinners declaring bankruptcy the opportunity to help grow the company dissipated and the opportunity to become a minor partner with a Texas based developer (Realtex Development) presented itself. We were able to secure 9% tax credits on a property in St. Petersburg, Florida. The property, Campbell Landings is 100% occupied and 96 elderly families have a beautiful place to call home. The next property that I worked on is La Joya Villages in Lake Worth. This 55 unit community is 100% occupied. I suggest your Board Members visit the property. I also suggest you contact Joan Oliva the CRA Director at Lake Worth. I'm confident she has good things to say about me. In our last conversation you had asked about the Gardner Company and Housing Trust Group. I have no problem with you contacting them. I was a consultant for the Gardner Group for about 8 months. The Gardner Group decided not renew consultant contracts, which included me. I began my employ with Housing Trust Group in May. I've known the principals for over 10 years. I do not know what else to say, except that Housing Trust Group looks forward to working with the CRA in developing a beautiful rental community in the Heart of Boynton. Thank you and I'm available to speak to you or anyone else. I have nothing to be ashamed of or hide. Regards. Allan Sent from my iPhone On Jun 18, 2015, at 10:26 AM, Tara Duhy <tduhy@llw-law.com> wrote: Mr. Schnier— In follow-up to our discussion earlier this week, I would like to request a copy of your current resume that includes past and all present employment and all current and examples of previous projects that I can forward to the CRA Board members. Please let me know if you can provide such a document. Many thanks, Tara W. Duhy Shareholder Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 tduhyC@Ilw-law.com (t) 561.640.0820 (f) 561.640.8202 vCard I Website I Bio loin us online The information contained in this transmission may be 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 that you 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. I . 2- 3 5. 6- 7 8 Vacant Land Contract 0, Florid(Aealtors- 1. Sale and Purchase: BOYNTON BEACH CRA ("Seller") and Centennial Management Corp or an entity formed, owned or controlled by Centennial ("Buyer") (the "parties") agree to sell and buy on the terms and conditions specified below the property ("Property") described as: Address: 700 North Seacrest Blvd Legal Description: FOLIOS: #08434521000000021 & #08434521100010010consisting of approx. 4.39 acres 10 11. SEC _/TWP _/RNG _ of Palm Beach County, Florida. Real Property ID No.: 12. including all improvements existing on the Property and the following additional property: NONE 13 14. 2. Purchase Price: (U.S. currency)............................................................................................... 15 All deposits will be made payable to "Escrow Agent" named below and held in escrow by: 16. Escrow Agent's Name: Becker & Poliakoff 17• Escrow Agent's Contact Person: Jennifer Drake 18. Escrow Agent's Address: 1 East Broward Blvd. Suite #1800 Ft. Lauderdale, FL 33301 19. Escrow Agent's Phone: 954-987-7550 20. Escrow Agent's Email: 21 (a) Initial deposit ($0 if left blank) (Check if applicable) 22. ❑ accompanies offer 23• ❑ will be delivered to Escrow Agent within days (3 days if left blank) 24. after Effective Date................................................................................................................ 25 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable) 26• ❑ within days (10 days if left blank) after Effective Date 27. ❑ within days (3 days if left blank) after expiration of Feasibility Study Period ....... 28. (c) Total Financing (see Paragraph 5) (express as a dollar amount or percentage) .................. 29• (d) Other. Within 24 hours of contract approval ............ 30 (e) Balance to close (not including Buyer's closing costs, prepaid items, and prorations) 31• to be paid at closing by wire transfer or other Collected funds ............................................. 32. (f) 33- 34- 35 3•34R35 36 37- 1,800,000.00 $ $ $ 200,000.00 1,600,000.00 ❑ (Complete only if purchase price will be determined based on a per unit cost instead of a fixed price.) The unit used to determine the purchase price is ❑ lot ❑ acre ❑ square foot ❑ other (specify): prorating areas of less than a full unit. The purchase price will be $ per unit based on a Calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in accordance with Paragraph 7(c). The following rights of way and other areas will be excluded from the calculation.- 38 alculation: 38 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 39• delivered to all parties on or before July 17, 2015 , this offer will be withdrawn and Buyer's deposit, if 40 any, will be returned. The time for acceptance of any counter offer will be 3 days after the date the counter offer is 41 delivered. The "Effective Date" of this contract is the date on which the last one of the Seller and Buyer 42 has signed or initialed and delivered this offer or the final counter offer. 43, 4. Closing Date: This transaction will close on Refer to Page #7 ('Closing Date"), unless specifically 44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including, 45 but not limited to, Financing and Feasibility Study periods. However, if the Closing Date occurs on a Saturday, 46 Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business 47 day. In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property 48 insurance, Buyer may postpone closing for tip to 5 days after the insurance underwriting suspension is lifted. If 49 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and 50 other items. Buyer ��) and Seller acknowledge receipt of a copy of this page, which is 1 of 7 pages. VAC -10 Rev 8114 ® Florida Association of Realtors` $Olaf#. 098919.800141-5134996 fill 111"irnplicity 51 5. Financing: (Check as applicable) 52. (a) ❑ Buyer will pay cash for the Property with no financing contingency. 53. (b) ❑ This contract is contingent on Buffer qualifying for and obtaining the commitment(s) or approval(s) 54. specified below ("Financing") wit p - I dys after Effective Date (Closing Date or 30 days after Effective 55. Date, whichever occurs first, if left b(a ` financing Period"). Buyer will apply for Financing within N/A 56 days after Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial, 57 and other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the 58 Financing within the Financing Period, either party may terminate this contract and Buyer's deposit(s) will be 59 returned. 60. (1) ❑ New Financing: Buyer will secure a commitment for new third party financing for $ 61. or % of the purchase price at (Check one) ❑ a fixed rate not exceeding % ❑ an 62. adjustable interest rate not exceeding % at origination (a fixed rate at the prevailing interest rate 63 based on Buyer's creditworthiness if neither choice is selected). Buyer will keep Seller and Broker fully 64 informed of the loan application status and progress and authorizes the lender or mortgage broker to 65 disclose all such information to Seller and Broker. 66 • (2) ❑ Seller Financing: Buyer will execute a ❑ first ❑ second purchase money note and mortgage to 67. Seller in the amount of $ bearing annual interest at % and payable as ss, follows: 69 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow 70 forms generally accepted in the county where the Property is located; will provide for a late payment fee 71 and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without 72 penalty all or part of the principal at any time(s) with interest only to date of payment: will be due on 73 conveyance or sale; will provide for release of contiguous parcels, if applicable; and will require Buyer to 74 keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller 75 to obtain credit, employment, and other necessary information to determine creditworthiness for the 76 financing. Seller will, within 10 days after Effective Date, give Buyer written notice of whether or not 77 Seller will make the loan. 78. (3) ❑ Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to 79- 80- LN# in the approximate amount of $ currently payable at 81- $ per month, including principal, interest, ❑ taxes and insurance, and having a 82. ❑ fixed ❑ other (describe) 83' interest rate of % which ❑ will ❑ will not escalate upon assumption. Any variance in the 84 mortgage will be adjusted in the balance due at closing with no adjustment to purchase price. Buyer will 85 • purchase Seller's escrow account dollar for dollar. If the interest rate upon transfer exceeds % or 86. the assumption/transfer fee exceeds $ , either party may elect to pay the excess, 87 failing which this contract will terminate; and Buyer's deposit(s) will be returned. If the lender disapproves 88 Buyer, this contract will terminate; and Buyer's deposit(s) will be returned. 89. 6. Assignability: (Check one) Buyer ❑ may assign and thereby be released from any further liability under this go- contract, O may assign but not be released from liability under this contract, or ❑ may not assign this contract. 91. 7. Title: Seller has the legal capacity to and will convey marketable title to the Property by O statutory warranty 92 • deed ❑ special warranty deed ❑ other (specify) , free of liens, easements, 93 and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 94 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any 95. other matters to which title will be subject) 96 provided there exists at closing no violation of the foregoing. 97 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and 98 pay for the title search, including tax and lien search if performed, and all other fees charged by closing agent. 99 Seller will deliver to Buyer, at 100, (Check one) ❑ Seller's O Buyer's expense and 101. (Check one) ❑ within days after Effective Date O at least 20 days before Closing Date, 102 (Check one) to3 • (1) N a title insurance commitment by a Florida licensed title insurer setting forth those matters to be 104 discharged by Seller at or before closing and, upon Buyer recording the deed, an owner's policy in the 105 amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is 106 paying for the owner's title insurance policy and Seller has an owner's policy. Seller will deliver a copy to 107 B u ver within 15 days after Effective Date. Buyer and Seller U (—) acknowledge receipt of a copy of this page, which is 2 of 7 pages. VAC -10 Rev 8/14 © Florida Association of Realtors' Sena'#. 09891980014 -604996 form sit t7plicity 108 • (2) ❑ an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 109 existing firm. However, if such an abstract is not available to Seller, then a prior owner's title policy 110 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy 111 will include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy 112 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents 113 recited in the prior policy and in the update. If such an abstract or prior policy is not available to Seller, 114 then (1) above will be the title evidence. 115. (b) Title Examination: After receipt of the title evidence, Buyer will, within 15 days (10 days if left blank) 116 but no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable 117 to Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and 118. Seller cures the defects within days (30 days if left blank) ("Cure Period") after receipt of the notice. If 119 the defects are cured within the Cure Period, closing will occur within 10 days after receipt by Buyer of notice 120 of such cure. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured 121 within the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after 122 receipt of notice of Seller's inability to cure the defects to elect whether to terminate this contract or accept 123 title subject to existing defects and close the transaction without reduction in purchase price. 124 (c) Survey: Buyer may, at Buyer's expense, have the Property surveyed and must deliver written notice to 125 Seller, within 5 days after receiving survey but not later than 5 days before Closing Date, of any 126 encroachments on the Property, encroachments by the Property's improvements on other lands, or deed 127 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a 128 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 7(b). 129 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 130 8. Property Condition: Seller will deliver the Property to Buyer at closing in its present "as is" condition, with 131 conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will not engage in or 132 permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. 133 (a) Inspections: (Check (1) or (2)) 134. (1) p Feasibility Study: Buyer will, at Buyer's expense and within days (30 days if left blank) 135 ("Feasibility Study Period") after Effective Date and in Buyer's sole and absolute discretion, determine 136 whether the Property is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer 137 may conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and 138 investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the 139 Property's engineering, architectural, and environmental properties; zoning and zoning restrictions; 140 subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; 141 consistency with local, slate, and regional growth management plans; availability of permits, government 142 approvals, and licenses; and other inspections that Buyer deems appropriate. If the Property must be 143 rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all 144 documents Buyer is required to file in connection with development or rezoning approvals. Seller gives 145 Buyer, its agents, contractors, and assigns, the right to enter the Property at any time during the 146 Feasibility Study Period for the purpose of conducting Inspections, provided, however, that Buyer, its 147 agents, contractors, and assigns enter the Property and conduct Inspections at their own risk. Buyer will 148 indemnify and hold Seller harmless from losses, damages, costs, claims, and expenses of any nature, 149 including attorneys' fees, expenses, and liability incurred in application for rezoning or related 150 proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any 151 work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien 152 being filed against the Property without Seller's prior written consent. If this transaction does not close, 153 Buyer will, at Buyer's expense, (i) repair all damages to the Property resulting from the Inspections and 154 return the Property to the condition it was in before conducting the Inspections and (ii) release to Seller 155 all reports and other work generated as a result of the Inspections. 156 Before expiration of the Feasibility Study Period, Buyer must deliver written notice to Seller of Buyer's 157 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice 158 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" 159 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 160 Seller, this contract will be deemed terminated, and Buyer's deposit(s) will be returned. 161. (2) ❑ No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including 162 being satisfied that either public sewerage and water are available to the Property or the Property will be 163 approved for the installation of a well and/or private sewerage disposal system and that existing zoning Buyer and Seller U (___j acknowledge receipt of a copy of this page, which is 3 of 7 pages. VAC -10 Rev 8114 ® Florida Association of Realtors• Safew. OM9194M141.6154996 furulsitly)lic;it 164 and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, 165 growth management, and environmental conditions, are acceptable to Buyer. This contract is not 166 contingent on Buyer conducting any further investigations. 167 (b) Government Regulations: Changes in government regulations and levels of service which affect Buyer's 168 intended use of the Property will not be grounds for terminating this contract if the Feasibility Study Period has 169 expired or if Paragraph 8(a)(2) is selected. 170 (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government 171 agencies which flood zone the Property is in, whether flood insurance is required, and what restrictions apply 172 to improving the Property and rebuilding in the event of casualty. 173 (d) Coastal Construction Control Line ("CCCL"): If any part of the Property lies seaward of the CCCL as 174 defined in Section 161.053, Florida Statutes, Seller will provide Buyer with an affidavit or survey as required 175 by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The 176 Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that 177 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach 178 nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida 179 Department of Environmental Protection, including whether there are significant erosion conditions associated 180 with the shore line of the Properly being purchased. 181- ❑ Buyer waives the right to receive a CCCL affidavit or survey. 182 9. Closing Procedure; Costs: Closing will take place in the county where the Properly is located and may be 183 conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title 184 binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds 185 to Seller (in local cashier's check if Seller requests in writing at least 5 days before closing) and brokerage fees to 186 Broker as per Paragraph 19. In addition to other expenses provided in this contract, Seller and Buyer will pay the 187 costs indicated below. 188 (a) Seller Costs: 189 Taxes on deed 190 Recording fees for documents needed to cure title 191 Title evidence (if applicable under Paragraph 7) 192. Other: 193 (b) Buyer Costs: 194 Taxes and recording fees on notes and mortgages 195 Recording fees on the deed and financing staternents 196 Loan expenses 197 Title evidence (if applicable under Paragraph 7) 198 Lender's title policy at the simultaneous issue rate 199 Inspections 200 Survey 201 Insurance 202. Other. 203 (c) Prorations: The following items will be made current and prorated as of the day before Closing Date: real 204 estate taxes (including special benefit tax liens imposed by a CDD), interest, bonds, assessments, leases, 205 and other Property expenses and revenues. If taxes and assessments for the current year cannot be 206 determined, the previous year's rates will be used with adjustment for any exemptions. 207 (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller 208 will pay (i) the full amount of liens that are certified, confirmed, and ratified before closing and (ii) the amount 209 of the last estimate of the assessment if an improvement is substantially completed as of Effective Date but 210 has not resulted in a lien before closing; and Buyer will pay all other arnounts. If special assessments may be 211. paid in installments, OSeller ❑Buyer (Buyer if left blank) will pay installments due after closing. If Seller is 212 checked, Seller will pay the assessment in full before or at the time of closing. Public body does not include a 213 Homeowners' or Condominium Association. 214 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 215 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO 216 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 217 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN 218 HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT 219 THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. Buyer (;, j (� and Seller (� �) acknowledge receipt of a copy of this page, which is 4 of 7 pages. VAC -10 ev8114 ® Florida Association or Realtors` SerW#. 0869194WI141.615/996 fclrtrtsit 111)1ic: tlN, 220 (f) Foreign Investment in Real Property Tax Act ("FIRPTA"): If Seller is a "foreign person" as defined by 221 FIRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at 222 closing. 223 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with 224 closing or after) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party will 225 cooperate in all reasonable respects to effectuate the Exchange including executing documents, provided, 226 however, that the cooperating party will incur no liability or cost related to the Exchange and that the closing 227 will not be contingent upon, extended, or delayed by the Exchange. 228 10. Computation of Time: Calendar days will be used when computing time periods, except time periods of 5 days 229 or less. Time periods of 5 days or less will be cornputed without including Saturday, Sunday, or national legal 230 holidays specified in 5 U.S.C. 6103(a). Any time period ending on a Saturday, Sunday, or national legal holiday 231 will extend until 5:00 p.m. (where the Property is located) of the next business day. Time is of the essence in 232 this contract. 233 11. Risk of Loss; Eminent Domain: If any portion of the Property is materially damaged by casualty before closing 234 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain 235 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may 236 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification, 237 and Buyer's deposit(s) will be returned, failing which Buyer will close in accordance with this contract and 238 receive all payments made by the governmental authority or insurance company, if any. 239 12. Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to 240 each other for damages so long as the performance or non-performance of the obligation is delayed, caused, or 241 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes, 242 earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably 243 within the control of Seller or Buyer and which by the exercise of due diligence the non-performing party is 244 unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will be extended for 245 the period that the act of God or force majeure is in place. However, in the event that such act of God or force 246 majeure event continues beyond 30 days, either party may terminate this contract by delivering written notice to 247 the other; and Buyer's deposit(s) will be returned. 248 13. Notices: All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or 249 electronic means. Buyer's failure to timely deliver written notice to Seller, when such notice is required by 250 this contract, regarding any contingency will render that contingency null and void, and this contract will 251 be construed as if the contingency did not exist. Any notice, document, or item delivered to or received 252 by an attorney or licensee (including a transactions broker) representing a party will be as effective as if 253 delivered to or received by that party. 254 14. Complete Agreement; Persons Bound: This contract is the entire agreement between Seller and Buyer. 255 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker 256 unless incorporated into this contract. Modifications of this contract will not be binding unless in writing, signed 257 or initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This 258 contract, signatures, initials, dOCUrnentS referenced in this contract, counterparts, and written modifications 259 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be 260 binding. Handwritten or typewritten terms inserted in or attached to this contract prevail over preprinted terms. If 261 any provision of this contract is or becomes invalid or unenforceable, all remaining provisions will continue to be 262 fully effective. Seller and Buyer will use diligence and good faith in performing all obligations under this contract. 263 This contract will not be recorded in any public record. The terms "Seller," "Buyer," and "Broker" may be singular 264 or plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if 265 permitted, of Seller, Buyer, and Broker. 266 15. Default and Dispute Resolution: This contract will be construed under Florida law. This Paragraph will survive 267 closing or termination of this contract. 268 (a) Seller Default: If Seller fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer 269 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting 270 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also 271 be liable for the full amount of the brokerage fee. Buyer and Seller acknowledge receipt of a copy of this page, which is 5 of 7 pages. VAC -10 Rev 8114 © Florida Association of Realtors' SOW: 099919-M141.9134996 t'tu-lrtsiutj)iic:ity 272 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract, 273 including payment of deposit(s), within the times) specified, Seller may elect to recover and retain the 274 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages, 275 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer 276 will be relieved frorn all further obligations under this contract; or Seller, at Seller's option, may proceed in 277 equity to enforce Seller's rights under this contract. 278 16. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively 279 "Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 280 upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing 281 brokerage fees. "Collection" or "Collected" means any checks tendered or received have becorne actually and 282 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any 283 person for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful 284 breach of this contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay 285 the filing fees and costs frorn the deposit and will recover reasonable attorneys' fees and costs to be paid from the 286 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. 287 17. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 288 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting 289 this contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 290 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, 291 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 292 in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller 293 representations or public records. Buyer agrees to rely solely on Seller, professional inspectors, and 294 government agencies for verification of the Property condition and facts that materially affect Property 295 value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all 296 levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising 297 frorn Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold 298 harmless and release Broker and Broker's officers, directors, agents, and employees from all liability for loss or 299 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations; (ii) the use or 300 display of listing data by third parties, including, but not limited to, photographs, images, graphics, video 301 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's 302 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, 303 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor; (iv) 304 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each 305 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 306 Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract. 307 This Paragraph will survive closing 308 18. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by 309 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales 310 Commission Lien Act provides that when a broker has earned a commission by performing licensed services 311 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the 312 broker's commission. The broker's lien rights under the act cannot be waived before the cornmission is earned. 313 19. Brokers: The brokers named below are collectively referred to as "Broker." Instruction to closing agent: 314 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in 315 separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the 316 extent Broker has retained such fees from the escrowed funds. This Paragraph will not be used to modify any 317 MLS or other offer of compensation made by Seller or Seller's Broker to Buyer's Broker. 318• (a) NONE (Seller's Broker) 319. will be compensated by ❑ Seller ❑ Buyer ❑ both parties pursuant to ❑ a listing agreement ❑ other 320. (specify): 321, (b) NONE (Buyer's Broker) 322. will be compensated by ❑ Seller ❑ Buyer ❑ both parties ❑Seller's Broker pursuant to ❑ a MLS offer of 323. compensation ❑ other (specify): Buyer C' ) C__) and Seller acknowledge receipt of a copy of this page, which is 6 of 7 pages. VAC -10 Rev 8/14 O Florida Association of Realtors' $enalk 098919-8001416134999 324- 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343- 344- 345- 346- 347 43•344•345• 346•347 348- 349* 350- 351. 352- 353- 354 52• 353•354 355- 356* 357• 358 20. Additional Terms: This contract is specifically contingent upon buyer obtaining satisfactory financing approval for low income housing by December 31, 2016. In the event that buyer Is unable to obtain such satisfactory financing y t e ate specified erein, buyer shall notify seller and terminate this contract and all deposits shall e returned an the parties shall ave no further duties or obligations. In the event Florida Housing Finance Corporation board approval is is obtained as we as t e req u i red underwriting approvals, bUyer shall notify seller and the closing shall occur within 30 days after such notification. Buyer shall exert ue I igence in pursuing, applying for, and obtaining o talning un Ing approval. This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney before signing. Buyer: Date: Print na Buyer: Date: Print name: Buyer's address for purpose of notice: Address: 7735 NW 146 STREET SUITE #306 MIAMI LAKES, FL 33016 Phone: 305-821-0330 Fax: 305-821-0402 Email: Seller: Print name: Seller: Print name: Seller's address for purpose of notice: Address: Phone: Fax: Email: Date: Date: Effective Date: (The date on which the last party signed or initialed and delivered the final offer or counter offer.) Florida Association of REALTORS" and local Board/Association of REALTORS' make no representation as to the legal validity or adequacy of any provision of this form in any specific transaction This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTORS. REALTOR' is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of REALTORS' and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms. Buyer (__j and Seller L� L_) acknowledge receipt of a copy of this page, which is 7 of 7 pages. VAC -10 Rev 8/14 O Florida Association of Realtors' Sena"#. 098919-800141.5134996 Illi 111'�II111)lli:il\' EXPERIENCE OF DEVELOPER Centennial Management Corp. Lewis V. Swezy, President Name of Development Address New Construction or Rehabilitation Design Type Total No. of Units Development Blgs Cost GC Date of Completion Current status Chateaux Apartments 231 East 2nd Street, Hialeah, F133010 Rehabilitation Garden 3 28 $900,000 RS Constr 1989 Complete Vizcaya Villas 8005 NW 8 Street, Miami, Fl 33126 New Construction Mid -rise 2 174 $12,000,000 RS Constr 1996 Complete Southwinds Apartments 149 East 3rd Street, Hialeah, F133010 New Construction Mid -rise 1 68 $6,000,000 RS Constr 1996 Complete Naranja Villas 14015 SW 264 Street, Naranja, F133032 New Constr./Rehab. Garden 18 90 $6,000,000 RS Constr 1997 Complete Royal Palm Gardens 1110 East Mowry Drive, Homestead, F133032 New Construction Garden 14 145 $10,000,000 RS Constr 1997 Complete Pembroke Park Apts 3700 SW 52nd Ave, Pembroke Park Fl 33023 New Construction Garden 16 244 $17,400,000 RS Constr 1999 Complete Pembroke Gardens 3701 SW 52nd Ave, Pembroke Park Fl 33023 New Construction Garden 13 198 $16,000,000 RS Constr 2000 Complete Country Club Villas 18231 NW 73rd Ave, Miami, Fl 33015 New Construction Garden 9 216 $17,700,000 RS Constr 2001 Complete Chaves Lake Apts 201 NW 8th Ave, Hallandale Beach, F133009 New Construction Garden 10 238 $22,000,000 RS Constr 2002 Complete Pembroke Villas 4801 SW 41 Street, Pembroke Park, Fl 33023 New Construction Garden 12 180 $16,300,000 RS Constr 2003 Complete Country Club Villas II 6861 NW 179 Street, Miami, Fl 33015 New Construction Garden 9 214 $17,500,000 RS Constr 2003 Complete Miami Stadium Apts 2625 NW 10 Ave, Miami, F133127 New Construction Garden 14 336 $27,500,000 RS Constr 2003 Complete Banyan Club 1850 NE 48 Street, Pompano Beach, F133084 Rehabilitation Garden 3 147 $682,500 RS Constr 2009 Complete Cielo Apartments 1930 Marseilles Drive, Miami Beach, Fl 33139 Rehabilitation Garden 2 18 $288,620 RS Constr 2012 Complete El Jardin 3300 El Jardin Drive, Davie, Fl 33024 Rehabilitation Garden 28 236 $2,250,987 RS Constr 2012 Complete La Joya Apartments 26700 SW 142 Ave, Naranja, Fl 33032 New Construction Garden 6 150 $23,306,973 Design Mgt 2015 Under Constr Orchid Estates SW Comer SW 264 St/146 Ct, Naranja, F133032 New Construction Garden 3 74 $14,087,164 RS Constr Est. 2017 In Underwriting La Joya Estates NE Comer SW 143 Av/267 St, Naranja, Fl 33032 New Construction Garden 5 100 $16,754,000 RS Constr Est. 2017 In Underwriting Totals: 168 2,856 $226,670,244 Note: Some smaller projects not listed. 1 Experience of General Contractor. R.S Construction of Dade, Inc. Lewis V. Swezy, Pres./Qualifier Name of Development Location (City and State) New Construction or Rehabilitation Development Tvpe Total Number of Units Construction Cost Project Completion Date Chateaux Apartments Hialeah, Fl Rehabilitation Garden 28 840,000 1989 Southwinds Apartments Hialeah, Fl New Construction Mid -rise w/ Elevator 68 4,080,000 1996 Naranja Villas Naranja, Fl New Constr./Rehab. Garden 90 4,050,000 1997 Royal Palm Gardens Homestead, Fl New Construction Garden 145 8,700,000 1997 Pembroke Park Apartments Pembroke Park, Fl New Construction Garden 244 14,640,000 1999 Pembroke Gardens Pembroke Park, Fl New Construction Garden 198 11,880,000 2000 Country Club Villas Miami, Fl New Construction Garden 216 12,960,000 2001 Chaves Lake Apartments Hallandale Beach, Fl New Construction Garden 238 14,280,000 2002 Pembroke Villas Pembroke Park, Fl New Construction Garden 180 10,800,000 2003 Country Club Villas II Miami, Fl New Construction Garden 214 12,840,000 2003 Miami Stadium Apartments Miami, Fl New Construction Garden 336 20,160,000 2003 Banyan Club East Pompano Beach, Fl Rehabilitation Garden 147 682,500 2009 Cielo Apartments Miami Beach, Fl Rehabilitation Garden 18 290,000 2012 El Jardin Davie, Fl Rehabilitation Garden, Mid -Rise w/ Elevator 236 800,180 2012 Total: 2,358 7/14/2015 MANAGEMENT EXPERIENCE CENTENNIAL MANAGEMENT CORP 1/1/15 LEWIS V. SWEZY Currently or Formerly How Family or Development Address Managed Long Elderly Residential Units Swezy Properties 5-35 E 37 Street, Hialeah, F133010 16 Currently 32 Years Family Swezy Properties 55 E 3 Street, Hialeah, F133010 3 Currently 32 Years Family Swezy Properties 187 W 10 Street, Hialeah, F133010 4 Currently 32 Years Family Swezy Properties 261 E 2 Street, Hialeah, F133010 4 Currently 32 Years Family Swezy Properties 310 E 16 Street, Hialeah, F133010 2 Currently 32 Years Family Swezy Properties 344 W 15 Street, Hialeah, F133010 1 Currently 32 Years Family Swezy Properties 462 E 18 Street, Hialeah, F133010 2 Currently 32 Years Family Swezy Properties 474 E 18 Street, Hialeah, 17133010 4 Currently 32 Years Family Swezy Properties 541 Minola, Miami Springs, F133166 1 Currently 32 Years Family Swezy Properties 1000 NW 27 Street, Miami, F133127 8 Currently 32 Years Elderly Swezy Properties 1485 W 28 Street, Hialeah, Fl 4 Currently 32 Years Family Swezy Properties 6645 NW 39 Street, Miami, Fl 1 Currently 32 Years Family Swezy Partnership 1005-1025 W 76 Street, Hialeah, Fl 76 Currently 32 Years Elderly Swezy Holdings 130 W 26 Street, Hialeah, F133010 8 Currently 32 Years Elderly Swezy Holdings 476 E 28 Street, Hialeah, F133010 13 Currently 32 Years Family Swezy Holdings 995 W 74 Street, Hialeah, Fl 30 Currently 32 Years Family Alma Apartments 110 E 10 Street, Hialeah, F133010 26 Currently 32 Years Family Chateaux Apartments 231 East 2nd Street, Hialeah, FL 33010 20 Currently 23 Years Elderly R & L Apartments 130 West 26th Street, Hialeah, FL 33010 10 Currently 23 Years Family El Jardin Apartments 3300 El Jardin Drive, Davie, FL 33024 236 Currently 23 Years Family Oasis Villas 7470 - 7490 SW 152 Ave, Miami, F133193 47 Currently 21 Years Family Florence Manor 1946 Marseilles Drive, Miami Beach, FL 33141 16 Currently 18 Years Family Swezy Apartments 1220 Pennsylvania Ave., Miami Beach, FL 33139 10 Currently 18 Years Family Southwinds Apartments 149 East 3rd Street, Hialeah, FL 33010 68 Currently 17 Years Family Royal Palm Gardens 1110 E. Mowry Drive, Homestead, FL 33032 145 Currently 17 Years Family Vizcaya Villas 8005 NW 8th Street, Miami, FL 33312 174 Currently 17 Years Family Naranja Villas 14015 SW 264th Street, Naranja, FL 33032 90 Currently 17 Years Family Pembroke Park Apartments 3700 SW 52nd Ave., Pembroke Park, FL 33023 244 Currently 15 Years Family Pembroke Gardens 3701 SW 52nd Ave., Pembroke Park, FL 33023 198 Currently 14 Years Family Country Club Villas 18231 NW 73rd Ave., Miami, FL 33015 216 Currently 13 Years Family Pembroke Villas 4801 SW 41 Street, Pembroke Park, F133023 180 Currently 12 Years Family Country Club Villas II 8855 NW 179 Street, Miami, F133015 214 Currently 12 Years Family Chaves Lake Apartments 201 NW 8 Avenue, Hallandale Beach, F133009 238 Currently 12 Years Family Miami Stadium Apartments 2625 NW 10 Ave., Miami, 17133127 336 Currently 12 Years Family Swezy Properties 103 Beaumont Lane, Palm Beach County, FI 1 Currently 7 Years Family Swezy Properties 10217 Sleepy Brook Way, Boca Raton, F133498 1 Currently 7 Years Family Banyan Club 1850 NE 48 Street, Pompano Beach, F133064 147 Currently 7 Years Family Cielo Apartments 1930 Marseilles Drive, Miami Beach, FL 33141 18 Currently 4 Years Family La Joya Apartments 26700 SW 142 Ave, Naranja, F133032 150 Currently New Family Total Residential Units 2,962 CommerciaUOffice/[ndustrial Square Ft Swezy Realty 168-170 Hialeah Drive, Hialeah, F133010 1,313 Currently 32 Years Swezy Properties 356-398 Palm Ave, Hialeah, 17133010 9,921 Currently 31 Years 7700 Industrial 7700 NW 74 Ave, Medley, F133166 54,869 Currently 10 Years 7800 Industrial 9800 NW 78 Ave, Hialeah Gardens, F133016 52,425 Currently 9 Years LVS Medley Industrial 7781 NW 73 Court, Medley, F133166 27,518 Currently 9 Years 7600 Medley Industrial 7600 NW 69 Ave, Medley, 17133166 116,323 Currently 8 Years LVS Hialeah Industrial 250 W 24 Street, Hialeah, F133010 10,500 Currently 8 Years 185 Industrial 18500 NE 4 Court, Miami Gardens, F133179 128,136 Currently 8 Years 2950 Sterling 2950 Sterling Road, Hollywood, Fl 75,809 Currently 6 Years 2678 Industrial 2678 W 77 Place, Hialeah, Fl 48,000 Currently 5 Years 2699 Industrial 2699 W 79 Street, Hialeah, F133016 54,000 Currently 4 Years Palmetto Industrial 16600 NW 54 Ave, Miami, Fl 59072 Currently 4 Years Country Club Condos LLC 5931 NW 173 Dr, Miami, Fl 2,741 Currently 4 Years 5111 NW 159 St 5111 NW 159 Street, Miami, Fl 389043 Currently 2 Years TOB Centennial 4702 NW 165 Street, Miami, Fl 88,364 Currently 2 Years Ludlum Industrial 4709-4797 NW 72 Ave, Miami, Fl 169,000 Currently 2 Years Total Square Feet - Commercial 870,800 7/14/2015 Ot SudhusT June 26, 2015 ' I Re: Lewis Swezy To whom it may concern: Lewis Swezy has been banking with SunTrust since 1994. As of June 26, 2015, Mr. Swezy has in excess of $23,000,000.00 deposited at SunTrust in various personal and business accounts.' t Please contact me at 305-579-7213 should you have any questions c i Sincerely, Leslie Ann Maduro First Vice President F . i i( Brown & Brown of Florida, Inc. 220 South Ridgewood Avenue. (32114) P.O. Box 2412 • Daytona Beach, FT. 32115 386/252-9601 • FAX 386/239-5729 INSURANCE, February lb, 2015 Re: R. S. Construction of Dade, Inc..- Lewis Swezy Bondability Letter Gentlemen: It is our understanding that you are considering R.S. Construction of Dade, Inc. as the contractor for your construction project. Based on their level of experience and financial capacity R.S. Construction of Dade, Inc. has secured aggregate bonding capacity in excess of $100,000,000.00. Brown & Brown, Inc. has had the privilege of doing business with Mr. Lewis Swe y and R.S. Construction of Dade, Inc. for many years and consider them to be one of our more valued clients. We offer our highest recommendations on the use of their services and invite and future inquiries you may direct our way. Please note that the decision to issue.performance and payment bonds is a matter between R.S. Construction of Dade, Inc. and their surety, and will be subject to their standard underwriting at the time of the final bond request, which will include but not be limited to the acceptability of the contract documents, bond forms and financing. We assume no liability to third parties or to you if for any reason they do not execute said bonds. Sincerely, Tyler D D CU Bond Manager BOSTON FINANCIAL „rte. TiNTV1STA-1 'NT A4A11\,At ?-7;v1 NT February 12, 2015 Miami -Dade County Public Housing and Community Development 701 NW 111 Court, 141h Floor Miami, FL 33136 Re: REP794C Liberty Square Rising — Developer Pool Dear Sirs: Boston Financial lnveshnent Management. LP a Limited Partnership 101 Arch Street Boston, Massachusetts 02110 T: 617.439.3911 F: 617.439.9978 w%yw.bfiim.com Boston Financial Investment Management, LP is a national leader in syndication and portfolio and asset management. Over the course of its 43 year history, Boston Financial Investment Management has syndicated in excess of $10 billion in assets and currently asset manages a significant portion of that portfolio, almost a $1 billion of which consists of properties in Florida. We have over the past twenty years provided equity through joint venture partnerships with Lewis Swezy, Centennial Management Corp. and affiliated entities to complete development projects valued at about $190 million. Every development we have done with Mr. Swezy was completed successfully, and we look forward to the opportunity to do deals together in the future as well. We have capital available for investment in projects like Liberty Square Rising and would appreciate being considered as an equity partner for that development. Feel free to contact me should you have any questions at 502-212-3819. Sincerely, Bob G. Courtney Senior Vice President BankUnited, N.A. eli 3, iM BankUnit®d March 6, 2015 Kristina Guillen Procurement Contracting Officer Miami Dade County 111 NW 1'r Street, Suite 1300 Miami, FI 33120 Re: Libe(ty Square Rising Development Dear Ms. Guillen: BankUnited is glad to write this letter of reference to Lewis Swezy, Centennial Management Corp and its affiliates. We have provided lending services to Mr. Swezy and his group since 2013, although I have done business with M r.Sweezy at previous Institutions for over 20 years. Mr. Swezy has the financial strength and development expertise you would look for in a development partner. He is a very good client of ours who has always met his obligations. We would be happy to consider financing to Centennial Management Corp for Liberty Square Rising Development. Feel free to contact me at 305-231-6511 should you have any questions. Sincerely, Robert E, Hummel Executive Vice President REH/mc E= Commercial Real Estate Banking 21845 Powerline Road, 2nd Flr Boca Raton, Florida 33433 February 5, 2015 Miami -Dade County Public Housing and Community Development 701 NW I" Court Miami, F133136 Re: RFP794C Liberty Square Rising -- Developer Pool To Whom it May Concern: TD Bank, N.A. is happy to provide this letter of reference. I have personally known and have provided banking, including lending services, to Lewis Swezy, Centennial Management Corp and its affiliates since 1994. I have had the pleasure of financing numerous projects developed and constructed by Lewis Swezy, Centennial Management Corp and its affiliates. I find Mr. Swezy and the team he has built extremely knowledgeable, well capitalized and very capable in all aspects of their business. They have handled all accounts with me over the years as agreed and I consider Mr. Swezy an excellent client. We look forward to providing construction and permanent financing to Centennial Management Corp for this project. Feel free to contact me should you have any questions Sincerely, Mario Facella Senior Lender 06 Si)Afl,'RIJST February 17, 2015 Miami -Dade County Public Housing and Community Development 701 NW 1st Court Miami, fl. 33136 Re: RFP794C Liberty Square Rising -- Developer Pool To whom it may concern: SunTrust has over the years provided both equity and debt money to fund multiple development projects for Lewis Swezy, Centennial Management and its affiliates. Mr. Swezy and his development group have demonstrated that they have the expertise and capital to complete developments in a timely manner. All transactions involving Mr. Swezy and his group have been conducted and finalized to our complete satisfaction. We would most certainly entertain further lending opportunities with Mr. Swezy and Centennial Management. Please contact me at 305-579-7213 should you have any questions Sincerely, Leslie Ann Madero First Vice President T-Hiij :uf Ainmi, Kljaribn 4 Op� Z TDM/LS P. REGALADO F MAYOR * onu ntn t lORV February 13, 2015 Miami -Dade County Public Housing and Community Development 701 NW 1�rCourt Miami, FL 33136 Re. RFQ MCRA 2015-03 MRCA City Center Development 3500 PAN AMERICAN DRIVE MIAMI, FLORIDA 33133 (306) 26o-5300 FAX (3oB) e54-4001 Centennial Management Corp and its President, Lewis Swezy, are valued partners of the City of Miami. The Booby Maduro Baseball Stadium, then located on City of Miami Property, was in the 1990s a j blighted, dilapidated eyesore. The City sought a developer partner who could provide both the financial capacity and development experience needed to take on the task of demolishing the stadlum and building affordable rental housing as envisioned by the City. Mr. Swezy and his team acquired the property from the City and went on to develop 336 beautiful rental apartments called Miami Stadium Apartments. Centennial Management Corp continues to mage the property, and Miami Stadium Apartments has been awarded the City's Special Certificate of Appreciation proclamation three years running. Lewis Swezy and his team are accomplished developers, contractors and property managers. Surely the ON of Margate wbbld benefit as we did from working with Mr. Swezy. Feel free to contact me should you have any questions Sincerely, r Tomds Regalado I February 12, 2015 OFFICE OF COMMUNITY DEVELOPMENT 4700 SW 64TH AVENUE- SUITE D D"iB, FLORIDA 33314 PHONE: (954) 797-1173 FAx: (954) 797-2058 www.DAVR&-FL.GOv Miami Dade County PHCD 701 NW 1 st Court Miami, F133136 v Re: UP794C Liberty Square Rising,- Developer Pool To Whom It May Concern: The Town's Office of Community Development and Centennial Management Corp recently completed the rehabilitation of a 236 unit apartment community called El Jardin Apartments located in the Town of Davie. Mr. Swezy, the President of Centennial Management Corp provided the development and construction expertise and the Town provided funding for the project which was successfully completed as planned. Centennial Management Corp is currently managing the property and maintains it in excellent condition. Lewis Swezy and Centennial Management Corp have extensive real estate development, construction and property management experience and we believe they are well qualified to work with the Miami -Dade County in its development endeavors. Please contact me should you have any questions. Sincerely, Giovanni Moss, Community Development Director TEE CrfY OF bfflAMI Certificate of Appreciation Presented to e, qazm= Manager, Stadium Apartments It is our pleasure, on behalf of our citizens to honor your wonderful commitment to civic responsibility and communal welfare through generous donations and supportfor neighbor hood projects in the City of Miami by a community partner whose philanthropy serves as a source; of inspiration. On this third day of December, 2014 Tomas P. Reg fto, .Mayor " Gort, Commission Chair ao }�j'opupBa� su,uo,9 CUL j0 4.,,C,JO by val ap 1.91 U0 M uay�in �o aamos n sd sa�,as klarN�� asoya� ,rauywd ��,unu,u,ai n �9 uurn}�y fo �� aye u� spafad pooyco9�a„ dof }►ons pro suapxrop sna,aua6 ya aro�ja�K ppuun►uuca� pun i��q o gnu o; prampru,uro p apuo,w a ( .OUR) ,62 umipn�s'�a$nua) 2liJ72��/II �72121/d ao! 11011upAy fo alw1f 1pa) 7 � � cera f irate of A reciation for' 3cliq c, cuaniall Manager, Stadium Apts, (flonorbl a wo►►�e d roum►ih►►eru to Ci k IYPIA Y ar►d cvnrnrlu welfare { N1,160f er►erous 40r4iom (W support for jlc h ►flood prujecfis ur the 9(iarrri 6y a mmmund? partner AMC p hlfhrvN sQrves as a sou►W of uopir bn On lk� the hwih dal of jnAwj of Zaz or "Go, CommWows, , ' �a*..,-tri dD 5'�i�' i�x1': > r � r. '. ,• �' � .. 4 . _ - f _ . -. _ - - - - - _ - �� , f . _ _ - ., - -; T of ,'F ro;$t� �'• t �s�r .,�.. `' _ j � Y �� '�� ... _ �,. �, a ;;;;yy - } e, �q �,, i f-- -S F T � ".�l � _'F � -' r �,�} �, �s+� 's �._ - � . Pr!.. s J t t