The URL can be used to link to this page

Agenda 02-14-17BOYNTOCRA ..""..BEACH CRA Board Meeting Tuesday, February 14, 2017 @ 6:30PM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Revised AGENDA I. Call to Order II. Invocation III. Roll Call IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. Legal A. Memorandum Regarding City/CRA Housing Authority 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. Appreciation from Grant Recipient, Bailey Blendz, Danielle Tarrant B. Movies in the Park C. Music on the Rocks D. Photo Collage from the MLK Event E. Career Expo at Carolyn Sims Center, Thursday, March 23, 2017 from 8:30am — 12:OOpm sponsored by the CRA, City of Boynton Beach and CareerSource VIII. Consent Agenda A. Approval of Period Ended Jan. 31, 2017 Financial Report B. Monthly Purchase Orders C. Approval of CRA Board Meeting Minutes — Dec. 13, 2016 BOYNTOCRA ..""'..BEACH D. Approval of CRA Board Meeting Minutes — Jan. 10, 2017 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 A. None XIII. Old Business A. Status of the Ocean Breeze East Project B. Consideration of Community Benefits Agreement between the CRA and Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) for the Ocean Breeze East Project in the Heart of Boynton Tabled 10/10/16 C. Status of the 2.97 Acre Project Known as MLK, Jr. South D. Consideration of Community Benefits Agreement between the CRA and Heritage at City View Housing Partners, LP (NuRock Development Partners, Inc.) for the 2.97 Acre Project Site Known as MLK, Jr. located in the Heart of Boynton Tabled 10/10/16 E. Consideration of the Design Scope of Services Work Order with Kimley- Horn & Associates, Inc. for the Boynton Beach Boulevard Streetscape Improvement Project, Construction Design Plans from 1-95 to Seacrest F. Request to Amend the Completion Date of 500 East Ocean Project to December 31, 2017 G. Consideration of Purchase and Development Agreement for the CRA Owned Property Located at 222 N. Federal Highway H. Completion of Boynton Harbor Marina, Marina Open Space & Roadway Improvement Project I. Consideration of Purchase and Sale Agreement for Property Located at 1110 N. Federal Highway J. Discussion on the Issuance of a Request for Proposal/Request for Qualifications for the CRA Owned Project Area Located on N. Seacrest Boulevard known as the Cottage District Site XIV. New Business A. Consideration of the Acquisition and Rehabilitation of Foreclosure and Short Sale Single Family Properties for Resale to Affordable and Workforce Eligible Buyers B. Residential Improvement Program �8�.�CRA C. Consideration of the Special Events Grant Submitted by the Community Caring Center for their 2017 Annual Hunger Walk/5k Run XV. CRA Advisory Board A. CRA Advisory Board Agenda — Feb. 2, 2017 B. Minutes from CRAAB Meeting - Jan. 5, 2017 C. Discussion and Procedures for CRAAB Presentations and Reporting Procedures at CRA Board and City Commission Meetings D. Pending Assignments 1. Research for a Potential CRA Grant for Job Creation 2. Discussion and Creation of Draft Community Benefits Agreement 3. Research and Recommendations Regarding DIFA Agreement and the Current Policy Regarding DIFA Agreements E. Reports on Pending Assignments 1. Review the 29 Recommendations made in February 3, 2016 Miami -Dade County Grand Jury Report Concerning Affordable Housing and Mismanagement of CRAs F. New Assignments from January 10, 2017 Meeting 1. None XVI. Future Agenda Items A. Direction Regarding the Disposal of CRA Owned Properties Located at E. MLK, Jr. Blvd. and NE 9th Avenue to St. Paul AME Church of Boynton Beach (appraisals ordered 11/23/16) B. Status of District Clean Program C. Interim Director Position (tabled until June 2017 — 6 mos. From Dec. 13th meeting) XVII. Adjournment 10[.119107 IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. BOYNTO CRA BEACH CRA BOARD MEETING OF: February 14, 2017 Consent Agenda I I Old Business I I New Business I I Legal I I Information Only AGENDA ITEM: VII.B. SUBJECT: Movies in the Park SUMMARY: • On March 3, 2017, the Boynton Beach CRA will feature the movie Willy Wonka and the Chocolate Factory, at the Ocean Avenue Amphitheatre. • The feature film is rated G and is categorized as a fantasy/musical. • Movie Synopsis: The classic family film is about a little boy named Charlie who received a golden ticket to visit Willy Wonka's Chocolate Factory. The plot follows the adventures of Charlie and the other ticket recipients, as they make their way through the bizarre chocolate factory. • This free event will take place at 7:00 P.M. and run until approximately 9:00 P.M. • Benches will be available for seating, but guests are encouraged to bring beach chairs and blankets. • Free parking is available onsite. • A trailer of select CRA district businesses will be shown prior to the start of the film. • Gift cards donated by selected CRA district businesses will be given away to guests through a drawing after the movie. • Food, snacks, and beverages will be available for purchase from vendors. • The next Movies in the Park will be on April 7t'. The feature film will be Hop. • Marketing images (Exhibit A) FISCAL IMPACT: FY 2017-2017 Budget, Line item 02-58500-480 CRA PLANIPROJECTIPROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: NIA CRA BOARD MOTIONIOPTIONS: Unless otherwise offered by the CRA Board, a motion is not required at this time Mercedes Coppin, Special Events Coordinator •xli E ANEW SEASON OF FUN IN BOYNTON w MOVIES utmE PAR Jots n it me Oc"ll UAKI LnioPfRE# WMIISan;'1e I'd Frid.4d 1..r.4WWiim 319 Esu Uw*.w Awrwr_ 6afrtpo Aegrh MOVIES imi PARK Noir 4th Tarr DBC 2nd mmnir Jan 6111 1p" Feb 3rd 7prr Mar 3r(t )PM Apr his OpM May 51h apm Jan 2no Bpm 'mmiL'muponi tYear:,-�.3orM " re BOYN�V AH' CRA CRA BOARD MEETING OF: February 14, 2017 1 Consent Agenda I I Old Business I I New Business I I Legal Information Only AGENDA ITEM: V11.C. SUBJECT: Music on the Rocks SUMMARY: • On Friday, February 17, 2017 the Boynton Beach CRA presents: Music on the Rocks featuring ARTIKaL Sound System, a reggae band that blends Hip -Hop, Dancehall, and R&B into their music. • This FREE event takes place at the Ocean Avenue Amphitheatre, with live music from 7:00 P.M. to 10:00 P.M. • Food Truck Invasion will start selling food and refreshments at 6:00 PM. • Cocktails and beer will be available for purchase from the mobile bar service. • Free parking is available onsite. • The next Music on the Rocks concert coincidences with the 3'd Annual Boynton Beach Blarney Bash which is scheduled for Friday, March 17th. The featured artists will be Clockwork Knotwork and Celtic Mayhem. • Marketing images (Exhibit A) FISCAL IMPACT: FY 2016 — 2017 Budget, Line item 02-58500-480 CRA PLANIPROJECTIPROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: NIA CRA BOARD MOTION/OPTIONS: Unless otherwise offered by the CRA Board, a motion is not required at this time Mercedes Coppin, Special Events 600rdinator •ffig A " A f' ■ rq } � 'F 40 ,0..0 Noir 18m Bee 16« Ian 20th ' 1 Feb 17m MemMI „r. yaligvi4a:h Apr 21st may loth Jun IY1h 6 - lopM Kick Sack AlNor A Lang Day At work! Mi CijJ alft ST111f..S: CC-E+hb AV7,IiU4 AMPHII#1EAME frvrUy Cpcll�litt Mme$ IIhr�PP� iru�:h in��.gn W trir 7Id kid4y 1,1 ry, tl -wr rF atchbo nlon.com t� BOYNT}N BEACH -CRA CRA BOARD MEETING OF: February 14, 20'17 Consent Agenda I I Old Business I I New Business I I Legal I I Information Only I I CIR AGENDA ITEM: VII.D. SUBJECT: Photo Collage Presentation from the MLK Event SUMMARY: Alan Luby Photography will present a photo collage of the MLK Celebration to the CRA Board. FISCAL IMPACT: FY 2016-2017 Budget, Line Item 02-58400-445 CRA PLANIPROJECTIPROGRAM: 2016 CRA Redevelopment Plan CRAAB RECOMMENDATION: NIA CRA BOARD MOTION/OPTIONS: Unless otherwise offered by the CRA Board, a motion is not required at this time it °,BE ° C RA CRA BOARD MEETING OF: February 14, 2017 Consent Agenda J I Old Business I I New Business I I Legal IX I Information Only I I CRAAB AGENDA ITEM: VII.E. SUBJECT: Career Expo at Carolyn Sims Center Thursday, March 23, 2017 from 8:30AM — 12:OOPM sponsored by the CRA and CareerSource SUMMARY: The CRA and CareerSource have been working diligently together on several projects regarding the need for job creation in Boynton Beach. At our meeting with CareerSource on Thursday, January 26th it was determined we would host a Career Expo on March 23`d at the Carolyn Sims Center. The CRA will invite local businesses to come market employment opportunities at the Expo. The CRA started sending email blasts and also going door-to-door to Boynton Beach businesses to recruit their participation. Businesses interested in participating will need to register by contacting the CRA or Michael Corbit at mcorbit@careersourcepbc.com. The Expo will be advertised to the residents of Boynton Beach through flyers (see Attachment 1), local churches/organizations, Veteran organizations, posted on the events calendar at the City, email blasts and expo signs on the day of the event. The opening of the event from 8:30AM — 9:OOAM will be reserved for Veterans only allowing them first priority speaking to businesses. From 9:OOAM — 12:OOPM the Expo will be opened to the general public. FISCAL IMPACT: NIA CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: NIA CRA BOARD MOTION/OPTIONS: NIA Michael Simon, Interim Executive Director Pdl.�n 9Ehf:H C:QLx'FFY 561.3401060 ext. 2368 City of Boyn' Career Wondering where all the jobs went? Come to the and national employers from: Peed interns? We're recruiting! Beach 0] each Career Expo—and meet with local • e a Anyone who requires an auxiliary aid or service for effective communication, or modification of policies or procedures to participate in a City program, service or activity, should contact the ADA Coordinator at 561.742.6241, (TTY) 1.800.955.8771, as soon as possible but no later than 48 hours before the scheduled event. 9 BOYNTON =BEACHI,%,,.,RA CRA BOARD MEETING OF: February 14, 2017 Consent Agenda I I Old Business j I New Business I I Legal IX I Information Only I I CRAAB AGENDA ITEM: VIII.A. SUBJECT: Approval of Period Ending January 31, 2017 Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the preceding month FISCAL IMPACT: NIA CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY 2016-2017 CRA Budget CRAAB RECOMMENDATION: NIA CRA BOARD MOTION/OPTIONS: Approve the monthly Financial Report w Susan Harris, Finance Director i9 10 00 M I w 0 Ln In CO d0 In 0-4 o o o o o0 o �� aM000 ri II a Nhlnoh r!1 H91o0!1loo 0 OC7 Z a1 at 000 rnYYYII; Of In m Li W -wvwapNqw h00 N pp ii h O m W %a N Ln h h h v o h w h o 0 R' � WW 1 Owa OIO m H0 DI O h M N O w 001 ri N O O rn (Q� ODM. -lo m M N M p 1 O OI O N Li L9 OVA M C� O o rn (y� W to m O Q� h C f 1 W rl CO In M w w N W O-0 V0 0 0 wi W W M V MMO O 11 M V IM m n m w w h O M w h N O N ,IC^}fgJ; I:iHOOw rl �f1@N1D M10 MOt 10001mONh �D mMNMW W O to In a.i ri N Ln .4 O H H O/ O N W W of w rn NH V MV Of r wMO W Ln Ln V ri to O N rl ri M h ri N +-i w O N w H II 0 0 0 0 0 o O O O O O O W O O p O 0 o 0 m 11 (1 00000 O00000OH000o0000 *i I�II pG 00000 O A C; C; C;riO V 000000 w 11 uoi � Ir*ii m m I� 1 r•i n r' �a m p w M N A qNP ovwrno N aor40M.-iho"orirnmoo M W in ri w W w00MInln VwoLf) w000 W 1,7 n�rio M M MW wlnlnwhhhoelwMoo r HInInM W InrnowmmwMv riav In IH- I� h W a o w ul�oornrnwo.i rnrna h E H W N M M w M H n 0 N d 0 O P w v I 1 -0 nN � .-Iwo VCM OfN MNh � E .. N .0i E _ _ iiiSSS C. m O ri O w pIn M h M O O v ID w O O N rl In O O h jSa m O M O vO t0 �I h In N O O v O v W O ri W ri O O M w 91 S1 O r: O p O M h i� O N ri io rn �o o r r W O O h 61 H rn v Cf a a M In ri In oI O H NM M W ri ri rn H M Jn m M In M in h W I O N .i Ov NmWmM In M w E II H H ri w � � flp 'OHji II Iq O wo 00r M I o O 1n O O M In o o o vH v o ri M Pkll Ino 0 10 ! Ina ole ohb'000l0 O w II GQ pW E� ri0 w h { wrn Mr om In o ln0 W W ON r r �i Mo m .i I rnriminnNm0 r0 va+ioo�i H %00 w M N M O M M N 0 0 w 0 H r M a H M MO w O MNHNH0c H H Mriw O II r0i 11 .N -I H N Is; a II 1 woo or M ooutiooMln000ariv ori M Ino O w ma O m O h v 00 Ole H H NO w Iy H r10 w h Y wO1MhOwln OlnO W wOnh r 'HMO m r♦ n O1 ri m In NC u0 ON 0I ON H 0, w0 w M I NMOMONOO W OHhMvH M �Hi Mp w O I MNHNHuIO ri ri MHw O L7 O ri N I H N w N H H II r♦ Uz m O W � W tZJ W Oco LO H m o yI is zul W 14 W Ep rNi FiU W W H W b HU fWAIU-10 p 6iW PG F� GL? E rdV HGo [y7x 1i [gi-ia W�P.74 pWy N kI py H1-ICi aJ H QH �HHHO W Wz Exd 104 I p� HE $O H rl WIiAI IgUUavq H H o W F E 0 0 O M rn N rn N N co W O W M H i L9 colO amo.i vo 0 0 ov m Ep-�1 m as goo o m oo co O U' x m m m m 0 m 00 o 0 0 00 OA 00 ONa w Imo Cf at 00 w ■ q oo Orr a mm �-I,-I oo ro � W �O tC O N Lr) co 00 O1 m r- 11 0 ii ul Ln -7Oow In Le) mcn 00 O ulL w�+-!ri OO OO ww L -n Ln CO"rl0 NN mm bb co m 1 mm t• r cow o 00 0000 00 00 0o q o 0 0 0 0 I o 0 0 0 o o v O 0 00 0000 I o0 00 00 0�I H !! z !! pq 00 0 c V V Q1 O1 m 0 OO N 00 ONr UL mm H W OO H W W NN Or," 00 mm 00 m E U .-i .-1 w Om O ILI in N m m m H OI Nr mmrim OO OO w E .-I 'I m OD rl w N N m m m Cq rl I f N H w N C6 �EN 00 � tri �i r0i U l7 co 0 O O O +-I . 3 o O w NO 00 Ln x a m 99 0 o m m o 0 a s v o a (1G P+ N 00 0 0 ,rn m 0 0 0 -0 00 4 i g,�Waj H N N ri i 6H Ua, M 9CO 4D 0000 00 00 L- r, m W Ln Ln Oo 0 00 w a pW pEp�� I! r 0 0 C w w r U' m m 00 0 m OD11 w OO w pq q w O m ,,7Wy7 frA] m to m 0 0 O w w O XHXun 00 Ix IIIIIIII W w 0 0 0 0 00 00 r- r M F+ -� 00 0 1 11 100 r I [CW77 m m co o m m a IUI H 171 tlD HO 001 O I t�0b O II t�W�Si co .i N IIII .i .i ri II I� f» U 61! W U O � HMOM E gg N WW i4 U � W �. � rq H H C H H zUz W H O N (0 H OG ri V7 s- on a ��JJ U] O F o 0 N h7 al rl CII NNN E w��ai! A C9 � WV � V�vO � viand {� .O I'aO N I I H I I I H E I E [� I E I H H. 'i c 63 0 000 Wo OO Eo O P4 Gu 0 H N �o v rn to M �o rn N 0 N In T: 0 N W dl N � ud'ivaioar�- �u�i pHppp OC9 z m.�Na+m mao p rnr ago rnrn dP GO �n o rn r rt ri en mor r Ch X67 [C.1) W Lnarnuo mm N a» -1 W er r MLoO 0� � a 0 0 0 0 0 00 (a O O O O O O O fW� fl 00000 00 N W m m z oa M �c u1�rlN W m0 [1 f*1 v %0 1% N N 00 eH +i.� f rInONN EOi -0 Lo h O E QE V W o 0 0 r r w w -q 060mm wcc SPI i7 Pi 000C�Cm N H H H II�A�7 iq O 00000 00 00000 Ln in M L' In 11 ll r h W"14 G9 n w 0 m Q Ri 00000 00 'n H N�voiaa tW7 ntoa m o p r-1 N z�U H W z� ay �5m H triGi ��` 0 H oyp F 0 pq to W P4 q O H N W 0WLnr-U o W *q OrINN `NNNN 14 W (li Ul .4F N rl r)H HLoH N in in Ln C9 M U�.�rlrl9H Pai.�OF rf o a O 0 0 0 0 90 �o v rn to M �o rn N 0 N In T: 0 N W dl N i7 In m IN b r N O N m W W O O O 00 0 F'Z to loaf rlomolo r 9fn00 W o o N O Q II .ln+i a+Lnmoo QcYino0r oo Ire am+c mmmo W Inmmoor o 9 ,i r1 W H H Pq m om 1-4 CO W ON mNt- 001n o0 0 09m W9H9fr 9Nrr99i 9 N sr o a o In m o w m ,-1 H In o .-I 00 .-I 01 fn C4 9101 VV O.-I 01 In 00Lf) 0 OO -0 am W IliH V'N1 V OQ IONm 00 -0 W N o1 N V N fA If N N IO .i H IO $ N er-I rl H h .i N 000 90000 000000 O O 000 0 0 0 0 0 0 99 0 0 0 O O f{Y•ji O O O O G O O O 000000 O O E rat- m 0 0 0 w amin99ln 00 0 p 7 11 Ci .191999 sir W oo In 99 fp In cnIn Im0000 to W W co fl) 09 W r la v N cn N N o a r P1 O1 M a 9 a� 01 er �FN U m I[IW rI of O 4210 W 190000 W 00 r W A� r t- In H O W O O Oi O O O O fA O O In ,� yI Lr)ow 010090 900000 09 r N N In r N ul m rNkA i (n W Rq 10. E W p Ti V 000 0i 00 LO OOO In O In 09 O W t-0r 0fnC.0fn 00W oIn m 00 I -0 14 W EE�77 NON -w in In In of NN W ION r 00 fT A C7 fO fl'7 O1 Nr NN N N N W ri W I H 'Fi fa W m H H m n N N 1f911 Qi 000 oIn 00 In 000 In O 10 09 O rat- Orn OOm 00W 0Inm OO Ci N O N VI 1n In In m N In W W N t- 00 a C� mcnm C4r SIN NNN m .iH .i m N N m W m m '�I pGryO77 'p�{q_�I H m m i..l $ Ul pUp77l IHS' co gn � w[�4 IrpwpIr��77GG rap��i H O m m 0 W W� u EA, a 5 Q m 6S E �pEyy p W E N Ia W kI UF1 I-a m In H W H O Z7a Ai A O R U a a N W H N W EoInm InWrci[[[,,,�� 9mO.Ino W off No W64 ONNNN MH V In 10 W O £ m Hr1 UNN NN f�Imm Ri cn (yam �qi F iC E I I QI \ 1 1 1 1 I f I 1 1 W 1 H 00aa A0000 a 00009 pgoaI.� F �3j N W N N 1 T, 0 9 N NNN W N N N N N N I W H I H*�[+ W,.1HH H.i .i W HH E �H E U E In L7 u1 un O lLn u7 In In v In In u1 u1 u] Q F Ln O [7 O N 1 I I H U 1 1 1 1 F 1 I I [ 1 E H 11 N H pC H .i .i rl WWW 11 w00 iw70009 00000 o W o La 9 K U 1 O P4 0 pU E 1 F E 5 W W PO la to ae Of O7 rr mm >h ul M M N N nn rn rn O O m m 11 rl O h In MMOL O N In C� h 0 IO OW Wr 0O Cf M N 01 m m 0 W O W N 9 M O H vvr0w0m N InCIN h N ON N O v In Nrvo0 O In h 00000no 0099999 0 0 0 0 0 0 0 0 v W O h C. 01 O Ifi N O M O .-1 In -* *1 O1 +-I O r I nh+nrnlr h rl rl O1 O W 00 0010 O N O O O O l n 0000000 N In M M 0 0 0 0 O 0 0 M O M N O O N NOvwwoo N O u101 rl rl 0000000 In 00N0CD. N N 0 7 m m 0 0 N O In 01 69 G9 LIS F to H O14 U U `Z to U A Od In Wr m O O N N N N `N N N N N N p Iii In Iii In In In E4NNNN NN M M M Mm M .i rl H ri .i 1-I in In In in 0 In I I I I I I E , rl rl rl N .-1 000000 I MMW Ou11n W9"�91 rl O m In O In C• rnr.lorn�n rl Go m O 9 W 0 rWooNN In I+1 , i O P In WN O O m 0 NrINrN0 N rl 000000 0 0 9 0 9 0 0 0 0 0 0 0 N N O O W O N M O O N m 0 w m O r W M rl at m M N M0 In cm N N O CICI 4D IV 0 0 0 a C , C; C; rn ri v R000V0SO OOa V 0MN0 zW H O O F U E as H 0 H OUb+pOgO aHa O O In O In LL r1 v In WW W D1'1 ll1 li l'1 I`1 � N In In in In In N N N N N W M M M m m H .-I 11 rl 11 .i E wmleimminH to O O O O O m 00 00 00 00 00 00 00 00 In In .-I * 010 00 010 E m 0 U H F trJ H M F O H W LO .M-1 F RIO E ta 8 U Q rn M ro rn N N 0 It 0 O 0 M N n 01 a' .i § � Ln § (n 0 j � � / � R § ,L �° §§ Rq jp _m§ §§ § Lf) Lr) QDf $/ k] § 88 � § - §§ k ) Ln Ln � -- § kk j R IN §-J 2q j\ 2§\ §[ R . �k. 2§ko )Lo _q Q� 2cn §§ Sq § _ § \ri E-4 N Ln (el) )� ■ § K to § �§ k @Nt § El El § N e § 2 - § N mu / °§§ to } § 2�� § A0 o� @ § � Ln § (n 0 j � � / � R § ,L ri CD9 a Ln N 0 0 O N N N O O 9 N N N N N z C, O rn ui .4 w Boa In .i to o r A Worn G� NaeLn fn wulN rat W N1io L(1 Ln .i v z°' 14 0 0 0 0 Aw 9999 P4 0 0 .i .i W CM 9 O of L c %0 E W 0 U a z ell <A -00 E tnm -vul U pNi ,7, m o a W u�rr rn m .pi V 0000 O 9 9 9 00 N in Ln U N N 0000 0000 qW O O 9 9 WH [i r O rf1 N l inqWpq li 11 C 0000 O 9 9 O >+ 0090 Ln Nil C7 Q M o .4 .i .i N W to M E GWO U m W p�C E P4 Fgzi OWO 09 }6W➢ W U Fa pppp9y o ,-I a U�UCCi 114C, U NN N .7 E 1 I iPLI W fA W v � N rl rl .i E 1[1 O UI I F +iU W o op 9R a CD9 a Ln N 0 0 O N N N O O 9 N N N N 9 F 96 E m H H 82 0% M 0 0 rr O d v Q OP O O O oor-o o O r d H -1 H O O N O N oompm O O M O M N O N O a m T! Ti 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O m O m 99 0 .99 O a W o Io r r- 0 O O -0 O" O O m O m Ooa0oa 14 Ti 00000 N O O 0 N m'i M M In N 1* T i Ti 0 0 0 0 0 N O o O N m HMM u1 �N aTi .i � O 7a Wi RWiU wato FOGoP4P9�q W a Inwrm N N N N ` N N N N DOOoo GAV�v-0 �.a-I T�iNH F "U11" 1'1 u) if In E 0 OG0H0 0 0 0 0 N r H O o a TirnOdoa N r 0 p p 0 m m m o o m H H N 10 In O O M m1�Hoor .i H 10Oom M 01 r 0 0 m Nr MMln,l Ti N Ti I 0 0 0 0 0 0 999999 0 0 0 0 0 0 my in oOr HNIL OON m m M o 0 0 %VC>w v N Ti N W 010000 m rnmmoor t� 1n In o 0 0 117 r co H N 0 0 0 o d o O O -0 O O <M In CA% MInm H N N 10 0 0 0 0 0 0 00-000.0 u1 m IP M Inm C1 E O F U pa P4� ao HHS� '! HCSmU H U aAi pOq O 1Wa O O In O 117 W Ti a Ln Ic fo W MInAMM p I l l l l to 0 o O 00 07 MH nTi Ti Ti NF � :I 1 I1 11 117 H a Ti TiHTi d 71100 00a m z a H pA H �n ri O N H H ca {iq fri 1� E W fY H IrT7�FJ4j] m O N r-1 r ri O N 1 In N 1 4 IT F U' H ,IM W r-1 mnm W WLO(nmMN r0 W On m m N OExi •Fj r ri ClN m�am Gb m W N I- (n r W V O Co O1 C1 - a r- A 0 0 ri C1m.011m O W m m m H 01 ri riN n W m Ln N P4 i5 0 O .-I N V4 W O m n Of W W 'n IA O v 1(1 W W N W 1 W rl N OI N 1 m CT N��" CW1 ra-I d� .q m .N -I r�•I N I� m 0 0 0 m o 0 m 099a99r•1 c o o 000 m ri ►]�g " O 00+gal014 14 m a 000 ra W u"Ii W ri W r- 14 N m m HOIm*-1Q 'I a rl MW rnrn +-1 W m Ch IM W Nm W n uT O H CIM W wLn PIN In N0C4 •i tpm In r1 Ori OD t- CI LnQ mO1m Orm r W W F I_ n W a o CT er1 V0 W N N N v1 O O o m 0 o CO O O m 0 0 0 m m O m W O W W O a� H W o It r 0 o r N W r rl m o ld m m Io u7 R rI m r -I ri �i H U) 00 000117 " 0 0 0 0 0 C' OO 1n 0OOIli coo 0 o 0 000 In qw 1n G C7 .7F1 m 11) n O 1A Ln 1(T P O1 N W -1 n N V 1!T in O rl rl m In O In W 10 a o o 0 1n v o o O O O v OOIn Op 01n 0 0 0 O o p 000 t 1n a 0 I CQp1 N.7 � mmr-00an n rC1 NN ria 1n1nO shim in O W G � I O U U +sQ fs7 m iC pym IU -1 W 02 0 ii o U g w H 9S a E �j�jC WiE 1+0 >+ m U P4a1 +C U (RH�,o4Ol pr, W P4 U M I R9 W m $ 0 ri u7 m Cf V [7000p0N �i \ N NI N N N N iP^JI'.7m E IHJ aa N P44 WEm W aH 1n W W NN PIj pWmj N p FH ppp��i1i1i1 QQ w u [mgA qHq ►7 H m U' (� I FNi V b 0 iA w p O o 0 0 0 o p WNNNNNNF7 W W W W W W q'i ri r -f 1n uT u1 11T uT O I 1 1 l 1 1 H 0 0 0 0 0 0 00 W NN Fa A•i Ha rWI H F vl M uT u1 O 1 1 �i 00 H W E !�' n U H H p� w p ip F IT F t7 ov rNln ON rnoam W P �-I O.imNm MrrNrnlrl O p H HCko hW r -r- ro-mmr-mn iA O dp ONN�p Ii mMO w Af� ONMNr 01 ri m Mlnr W hl Ori M 100 MN NO N.-1 WLn `TN CI .-i 1n 10100 t- Lf) rnwm+n rm 17 o� r r .ir W v 10 O m T. Nr�in,m1 Ln `Ln 0 0 0 0 0 000000 99999 000000 a P4 00000 000000 O � E o 00Dm10 Ol V0 r 0.0Q ^ E OmW rN Omrir�N �q id h_j O co .i m Q1G r r- V0 n M t� c� Irl ... .O N . M til . N .i H OI V' om1 Ol NN 0 +! 1001 r'� r E N o r i .- .I � ri to -04 iON V m v0Nmo Or Ods Ir110 6whjj .i Om M400 lO 0ooOrm U P'i M ?i O t! N N O M O r 10 10 mpfj H 1f)r.iM M mvm IIAA p H H C O W Pq O oolnoOm W 00M000%D10 10 o � p E� InoaLn rn ul.-Icooln G C7 010 C� .-I m lr1r C 1 7a .i71 Irl r N M M .-I l0 � ri N r r oOlnoln 000ln0m 00In0m 000%voln Fg�yFiiE In oQ in Oriv OO Irl U' Mr NM ri G0 In en n rl r -Ito MSI -1 N rpp r �a [4 z8 a m E4w w rn �m7m 0 C ~00 A hal mi WUH� W ppWG m U ri �+ H 0 U A;i U pe rp-1 U I� OiS V rll W 6 O m .i N U O Ln 10 r m P1 00"V riNNCIA N F] _ `N N N N f�I1 fII Rl (rl I'1 m 0 GEE$ey711 rQaMaoiraim mMm(nmIn�. pq w 10 10 10 w NI CHH rl-11 t"H rl'A ri 11 � '�o N 1 � U 1j1 In In In O r7 In ;Y II7 u1 ItI] E 1 L4 ri ri ri 4 EI PaI 4 a c G p 0000 R7 0 0 0 0 0 0 0 0 O L9 r M O M N H d o �mnu�1 W W � as as � O C7 0 ao cv m o rn rn 0 . 1-r mm a FL Li o 0 0 0 o ri "! 1! vii 1 cn Ln1Nr1m c mrn: CC b cn NN�� %a W 101D d U �W5 rd n1 00000 0 0 00 0 0 0 0 0 0 99 99 O 0 V O 0-0 00 00 -M E Q a N N N O O m O O1 r1 rl s} pi 0001001 D 1D 1D0% mm uQa 000%001 Ln Ln rqvq C- EA CS rnnW v-0 mm a 1n Ol 1n 1D W m 01 .-1 r H N N N m �+ HWµ' pEpffii V O m %4 O OQ<O01 001 001 14 m m 00 00 O m 0 O O O O �]O '.0 E 1A O1 111 !rl cn Q ch {4P��GGQ7q ,7 N m tr) O H h aS 0 W 0 0 0 0 0 0 0 0 0 0 R O C -01 0 0 O O 0 O O w E O O 1n O 0 0 0 0 80180 111 fW! cn'r N1cr mm a,a IG 00000 0 0 00 0 0 0 0 0 0 00 00 O W 00 u10L 00 00 1n H C[�33 U H mNt��na mm o/rn a �o o to y W �11 � mW7 m V} pqpN;; W O E pNp W W H p m �0m a U 1a X00 pUp�� H E m H E p� PQ1i ipq 0 0 1E-1 m U U U W �m7 E H H W_ N m OO-1NU a C, OH go "'1 !"! O .-1 rl N ` N N N .7 Ff fel pq� r O K�4 H Ln Ln W10p m0q', i5 U W n 1U� N H 1L(3 nnnLn ani n� 0 N 1 E Lpp411�E E E .i 0000 pHI oU G .70 m Il.0 C3 § �§ 82 8 o n _§§ � Q�� 0 Q _ 00 99 00 0 9 0 §) cc Ct 0 § 00 Q" 0 Q § N 00 ° �§ § 00 § �� " J-E� § _ 00) 00 / § Rot IK 00 0 to § � 0 0 0 §§ k\ � E-1 00 §o 0 S ED° § SS S rq § �§ .. § § §&� _ u . & m N \ § { k § ©9k § C4ks k § § §}/ / 3 A0 0§ a u § [9 d a ootDo mo n m 0% F) r1 o o RD O H Mm od r-10 tDor a na7moow to %Db 011 OI 0m0mn NmChOOn N 'DSD Owmcmowr mn Maom r a iP�i6i .a 14 ,a 1 ,i I tD to 00MON04DII NOo 00N Ol �1 d Vw a o 1D o O O O n m o Ul O O Cl) v FWD h� O m 0000 r� O 1,7 m n a O N d OO OrinN0Otom mNN00d m OI 9I OOmNglm and Ci Ln NN 0117 Ch of rn to d In ui m ri w M r4 to W M m m m 0 o a a o 0 0 0 0 0 0 0 o a o 0 0 PG 00 00000000 0 0 0 0 0 0 0 o F z dd 00e-1 Om 00Ch m0000m q^ 117117 9 9m90!99N ri9IA00,D u7 [d A� W thm 0O 61 ONO I[Ir rn C4 r 00N GI nn (� U IT d l+1 d in C, W rl OI Q1 O rl HP N N Ch d V� N ri r N pl r E N N m Ch H Py 4WA 1+1 yNE� U w 00 oaLnomOor Ch0000at N 00 00MOMOOM Chom0a-0 rl v7117 00mON00d7 [- ono ON 1` W N H ch Ch M In m c 1D of O .1 E r al U H IA 1:77ppiGG111 O 01 p, 00000000 OOLr) O OIry pi F7m ICIm 0001n 000117 0NN00d In WM rl ri I Ot N a01 ul i�MNOr- 00 m CJ O O w In In N d .-I 1C1 N li .i ks N ChCh 00000000 OO In O 0 L d In 111 OOOln 000111 0 N N 0 0 v 117 F rl 11 O O Ili l N O C C O ICI r lel N o n m IU'S O O to In In IR d ri In N ri rf tD OI (y {J ND tD H H 111 d z I C{{ to U U m mm H H O W O m U H 14 H U m Ipp�� 111YIto %a E4'r4��JO�W7QU ".�mm WOJ A�C7 U C9EF7 dLPW1aU wCHQ]1 y a H .y lz WW pq iv om4 FRoa4 pH La W " O Iii Ri P4 W W� C) Epq l E m u1rq H O� 9H�rE4 H mo4H c7 EO 14 0 N Oo� wmulto[ICh 1DU ooinoln W W 0 P4 rl .l N N N N m A -w Ln lD W L4 m H W UNNNN NN N mM Mmm'f7 r F I PI \ 1 1 1 1 1 1 1 I I I I 1 m H r1 �+ O Q 0000000 O O O O O F 0 �] O mW 0000 60 O 0100000 I[7 i7 H d .7 Q d d d T d d H Q C1 d d d r �ry nr r- r- i+nr Hf-nrrr U N 1 1!1 Nln mmMlnM ICl to inmm O G4 I H U 1 1 I I I I I H l '� Ho G p7o b000000o D00000 W W fir m p UI m� r o o r w o 0 0 0l r r 0 00 1D001- v 0 0 0 m WIO a ] %Dw aoorn W 000 W in in %D rn rn r o o l- In 0001) 00 rl q H H 19999 17o 9 9 N ulrn m P4 W In fn to o o %D .A co O o m V0 " a [d In In Of 000% 10O 1!1 in Ln W 00 W In In W W N NID RIS NN ID y��jy Oi W W N W rl N r1 -1 rl N N H H Ln O O 0 000 00000 00 00 0000 00000 00 17 P4 00 0000 00000 C; C; t� E W mm oo rn A WW E .m-Ioo.mi m000If) 'i ID W I�w rr mOO PI 00 N 0 0 0 In Irl ID 1"11 10 W o N N N II'1 h [- O1 'CD OD co W r N N pa"�C U E � r r O O roOr .-IDooH oO .i m O O O O O O O O O (O W W uj a �+ In In cn (n 00 V m000m a m a mm ch CN r C4 M N . I ri N N In N m m'rST.•�S�O rl rI O OOO 00000 OO rI O OOOO NLn O L- 00 .-I to 14 .i in ln+-1 In r Nmr- OO W Li C�1 r r- Q tD N dl .4 N O O N N QI r W 0000 00000 00 rl E'1 0000 ON In Or 00 H A in In A 1n h N m r. 00 ID iW7 a W {V pf rl N o o O� H N N r 1y� O Fi pay m W� m Y1 E H W GO 0W0 0] m E z W doo Q0 E+ H PI W H Pi H as www HH W 1>4m06 h�7 \ U U W iS E r �{{��177 p� WWW P4 UW Vm 6qd �H�yya�W�gqp�pto GIWpOW 1ra�7 E W W w ODUJ IqH I.� HWI�j N E ri Phi O 6Q W 0 r5 GQ W W i Ln W In U U N N N UNNN O OIn O W .-1 " Ln w pl fn 8 H 0 ��I�yyyj U r I RL t7 \ I 1 I PPII mm 19 1 I I ! rp�� 1 �Vi :J HO W I.�o o GS000 W o 0 0 0 000 W 0 000 W o 0 N H N 1 Irl rEf 09 In ul h rrr E+ W N Irl In In HrrrrE In 11U Ifll 111 111 rn II rF 111 N 7 w CO -1 1 F '1 F 2 h W H W pU� E H o A P40 W o pG00.-I 000 a o o 0 o y d o W W uQ rf q CJ MMMOOT W WOH oO OH NOovriri Oa ON O r-1 O C� xi 1�1 tO m O N 'd� RI O co lP d' ronr W boron r r rr ra rl Ll rd.-I00 W nC,14000N rl OI O O o r m i� 0 1I1 d Or N Cf [+j cr-WO W W Qlddrl oo 0 f7l ri m O r rl a 00 M O n fr1 W a u7NO.-1ft! ovoo h C r1Dv"1A 14N111 NOl N W 11 h RI 117 N W N G 0000000000100 O OOOOOOOOOoO 999999999999 O RWi 000000000000 O Q E z ^ p] rnfaoou7alfnrn000W W O m O D OI N ri N O 1[i O O O C+ m Oh mO .-1 M O Cif O W O M rn F0, i.T ri" -'1 rONW 'I Ch Obi r ri 0 N �WC 10r+r W n 11 ra 14 N N n m n E O E m lT W o 0 0 o N N O O o W UI r. d' W r-1 x aF �7 H . . . . . . . . . 0 0 I O-0 m O O O fn a iri yp�� .YS a V N m M +H E-11f1 E pppZppp777 OGw PO O rA 000 OOO-1 a p 0n �naolnlnv 0sro,- +-1WIt1 ooIli 1io0o0 11 0 La kt7� i�7 Of P N ch 9n 10 `� 50 m m cu �h fJ10000v 00 0" d Q r 0 0 0 W a o v O ri Vr E rl m p 1i1 0 0 1r ri 1 lit O 0 0 a OfmNOWfa timid ma b H ri M m M EaL a N a bU o�"P IMO W Ci [S a1 U m UF1 �U1p��vWWJ LO G U im-1 z7 0 M ~ a W 0 E�WH CSZW {Wp Qj a H 10-1 by Or �l a , it >e k1 N D9 '"1 W ,? �f rlN i�e�In lenmrnOrl o� m u7 1n N 111 vr 1 l 1tl 1n In w p4 W 1-1l rk rl .-I r4 ri H O as n � m w F r1 rl .-I rl FI 1 1 1 I 1 1 i 1 I O W ra O O O O O O p 0 0 0I 01 fL N 0 0 0 0 0 0 0 0 0 0 0 8 00000000000 a I W t7 1i'1 N 111 W N N W 111 1h N W O W WWW lrno�fnOMMO 1� F O N I p' l I I I r F I 1 1 1 1 E m H E 14 ri 0 Wm 00000000000 0 0 0 0 0 0 0 0 0 xLW o o O o o O d o 0 0 0 § E,4 8R\ B' 8 kk ° 2 ri� � 2 | a S _ o $ | / Cw � eq) & LO cm§ I j � | I- ■ § Q a to w -I Ch � §2 0 OD� § § o3 to LDm R r- B § § | § Ba � § Q| § §n 03 0 2 /�� ko � \ /� B | . / kq °8R §f� ]Q � §B / »10 � § §� . § c / � 8§ � / m La // §� / �� C§ /\ 2w \ / B § 2� QQ � Q I| § Go k; 2 § . 2§ § 2 §§k ( k to k E � 22§ f 14 § H k t, N§ ci g 2 2 k R RCA _ 4MJ § 91 N g§ 2 In §?� q m � - 2 § § k m § H N p � z O E o N H H rA -f-f x m H oa�o k'! La �i m h IRN W r Ci 0 N m N W N um W V I O 04 000 m II 0 0 0 l0 Ippl 0 0 o rn I] W � ! II vno a ]n N O N "0 4wN h N In to .-i N r1 r M N m O DI .... im m coo o �! O o 0 0 1 000 0d -0 N O to C IL! N O r A O O .-I W 7 In I N m O O O O II m O O W moC; .n m m II 00 -WLO I�I Ln II r -i ri N N O O a I A 00-P a Ln m rl W 0 o II Om.1N (v Darn m 0104M -I QD II II LO m m !]) ri " W 00 h N N LO W ,-I m Q4 in O] (y Nbv" Of rL�OW %. II N N W N m �I m m O W h N n II ornoa rnu 0%000 w ou]oo is Om o m V O N 1c; m W N r- 14 W m JI N in h IIIAIf! inmrin o I u] rA O� Q1 10 r iu m m w N N m 0 Ch inmWin rn io m o ri to V'm rnN a� II m a p ,IRI O rl O in 4p O m m m O t I aarnm o 4 m N N N ri O V� N m m in ao m of m N w II N ,i Ln m a !I ao in 1I� to rn m o ,-t N N O ]n rl mm 01n N m in ri im p .i cn N rn I�I 0a* oo a {O C� In O rl N N O rl m m0In N M in r! av O I .A V0 N J M O 0 O m Ln O it to C O N W R a in m N h m n a m 0 O m 10 W !o m r �n 0 0 I 00 00 HZ �� 000 ° 00 00 000 a, III a, o 0 0 of � N N a A R u1 N NN 000 H 00 m N a N N C14 Ln Ln w I��t �w�qj Ha NN C6 NN r- I m m O a N W v fP o O N %P Of fQ A o0 00 000 0 II P4 00 00 0 00 0 E E PF• B 0 0 jI�III Ci H R1 u1 N N 0 l� *' I a 00 000 o f H ,ia ads C I 0,N r I N m a rnm M o •' N E � m 00 mm 00 000 WIl � a cooGo o0 000 w m mp o 00 00 (n a a in n H W +C W .Lo•I m N N IH a ry O N N N II�IIJ N w m m 00 00 +n as d I un o Lr)in at�N a H OD N a OH LV a N !! f0 O O N WCA m II W ca yy H Q�fi ppu OOBO O 'y MO H r' O E4 a P4 0 Lo ca itiN H N iE-1WH0i-i11 00, PI N J 1 0 �f {� C� Q .O H a LWAM N Gd 0 HW�.'i ROW: 4 LG o N H� O 0 0 M $ C N i f Nj� H O m 0 .-1 O O O(C7 Om 00%D %D 001 m of m lop'�] I li D 0 0 0 C! tr 1} U cn O-0 ffkjjj O m m O 'i rl N N as ao o r r *I m N N 04 N ,-1 0 m in 00000 0 �a7 P4 00000 0 E m m m H m m m z w 000lnln In 0 0 o 19 In In �U Ott LO 0LlN E - N N It * 1 LL7 E NQ OI%D %D n O N E m 00000 0 OOOOO O a u„lF 00000 0 m 2EX{.i� F N rl m (n E q � 0 0000 0 0 P9 o�no� �a �0��m 0 In m .-I m m raii 0 .m -I Lf)m m fd W m to ix W d1 apym yU�ryTmRW%W9 U aW E 'E'l E 'n - U C4 0 '�y1NmPm U O pFl d` NNNN N N N N O A0000pt o pg0000 a -n Pw4 mmmm Ln In 1n In O F O N I U I I I E R oo w00r,40 4 C N i manoovia W W x v onA .-im0N.0 a tornornrn at dp H fA ao0oom co K®Wl r!OOOI I 6�]1 ao ami Mm 1 to 0 `i U N CO In 10 N N IIIAAA oio�nrm m FWWW4 OOO Ln 111 Ln 00 mm cn OIn 01V It E o .i "o 100-04 Yn 7 !{9 N N N cH+ u C - OI O4 +- m E N +4 a m W r m � N E Ui E o00 .q xam 000(nmmP7 m O O b W m P0 O O 0 O { E m N 1n u7 H U 1*1 m m E p � w� �moaa�r Ln ke mrN' m tn +nrnm ` m .� o Ln n in in n n o o v a Ln mG*D ul E oa Il iC cH40 mchLnmm m O .4 O In r in Ln H rD H �N dl m H U 04 a+ oli C H 6+ ?5 H�umH W p E 2L d RP W W H N rl p9 a E O O O O ��a�V n [Ei� W .1 .1 O 1� N O O O O O a � a qi sCmmroED H N N (� H Ln Ln Lnin0 O E ,I oa a Q f�j NNNNE 0000 i N N W o C4 m n ti O 0 z o 0 a: Its u� 00Lna rn PO W 0 0 0 0 0 Pi oow�o w o o u! !n oa o0 a argt~o 0 0 rF'01O O H N N 0000 O IQ 0000 O PR41 0000 O �Ai E ^� [� O O a1 al a1 U O O R1 N 1fnr1 O E .-I O O !• .i a m rn 0 N F v F Oo0m WWcn pOp U 15 N?I L-1_ FH oornrn N N of N W eNt Q Q a m m m z E W 0000 o Vi H o O In Ln In O O M!LONH H R T1 N N 0 0 0 0 O OO cn aY a H O O In In In 0 00 0 H r N o O C Ln N H s-{ H N N 0 O H m 91E! U W F H W WEPI O rA O yO p a ±�yyyO00000{ H u H NWWWW a-1 p� mD m V0 In H U R 0-0-0 a a W O U .00 N g HLn' I I�mmmE E N I I I I E E O O a rS 000 a W Q i N N M N W 0007Cm1n r Gu O C7 z O q 0 %D ri c4 w Q H O N rl rI ri 00 O O In iLn In qW o a o 0 0 0 0 0000ri,-I ri O O 0l a Q. In N Sr N N HO, ri i3 O O o O o 0 0 aa WW 000000 O oo O� 000 0 E in C4 bM hO 11 N H In In C000N In In O OO 00101 0! h] OOq OmO m l CC.J7 00 0 � L" O IL'1 In In F +-I H m0 N 0 mcq E E a 0000lnln In Irl 0000mm m 0 0 0 O 1D l0 10 H NN N " ' l'1I m FFja: U N N N N F] ,H., W mm p n , kO IYI In Ot ri Ln N i N ri V O1 m �i 0E 800000 O __ UVVWW'" In 01 ul In pCoryf7i N ri n .-t a rn V rn UOJ N P, WWy H H a U W pa N ulwa m HHWER to 7rONN 00 H O1 n V w�DDCnm e�vd�a aop� ~ 00000 iA NN aV 000 go �1 In In In u1 Ln � Nl] I p H Im['1 111017 Iflmy um E E r'40 00000 P4Q M N ea gM o1H w W M rn ,D kn M N n M n a m v O I M tD v 9 e N O O O I rl H E O O O i O O IpI O Oi7Z od o D o II o L1 H O O I O O dP i.7d �I � D II N N N D r N NI [ U N N rn in & A w O O .-I rl rl IIII ri gp y N N N N N 00 WO 0 r� pppwggg 00 D II d o N O E 9 H IryI N O N I N N II til H r 0 r r r ilii � U U N N (+I tp O H .{ rl Q N pa M o o a n o o II o x U w i_I F 00 O O O O WWWf4i� EP A H II 018 —O O O O O N N N m .moi N N N N II JII N d C. D I N O O II III O .^y E N N N N N N N �A N W m pHy W �pWL G .-I H U m FD n rn 7Pi O N t71 PsiH pq C4 1 I IO m 9 W C3 W Ci p7 E P4 § m o 02 B \\ §$pa R| N� QC4 (n § ~" § U -00 0 &| o SR Q§ 7 2 Qo o� � § i 00 ■ ��9 9 §| 00 � 2q co §) | § 00 � ] z ix, °° 00 ® �� Ncq N� B \\ \� § § C4cm N| 00 77 \� N N � � k a �_ k M2 � � § m §§ _§� C4 § § ` a § m1 Vk2 % p 7�0 _§2 I 2 §` § �7§ � 8 9 2 0 k § h 0 N .i h �a O N 1 Ln N 14 yam ERP9 E M HW to 0 o a o 0 0, r 0000000 0 0 0 0 0 0 0 OQ 0000 Qoa O001" O O N O O O N OOhIn InOh oOmmmoln O O .-1 Ot N 1 Ili 1n O O Ln *i O N f1 m N .-I �"1 N 0000000 0 0 0 0 0 0 0 0000000 0 o d 0 0 0 d O O N O O O N O O h O O Q h m m � H 0000000 0000000 0000000 co o Ln u1OO 00 fn CD ON 00 O1 N O N b W to N ~ a N rn M is rl 1 N 0C, 0 0 1 n Ln 010 0 0 11.01, 00 Of N lli 1n O O N O W 10 w In" N m cn +a11 Ti IN N zoaH oQ 00 W 19 N N N N U U m Eq Ogg so W pl r7 P4 RI m [9 .01n0 V 10 0H Isla � MCO NNMC-?Im ppmmmMya AI oo0Qo old mrn rnrnaa wH Iu N 1n u1 1L1 u1 In {4 H 1 1 1 1 1 1 erl m n1 M cn fel 000000 RO N O O O O 0 0 N N H § - B§M j� } § q § k 2 2J p � § k § �| K j� j E§ | � | a p § q m §' � Q| o§ §� � j § o §Htj 4 §§k o | Lf§lop § § § | §� j� "| _ § k � § � q k ` " $ \ § § § § * j 2 § § N § ) § � G 2 § S k ■ § BOYNTON =BEACH�zCRA CRA BOARD MEETING OF: February 14, 2017 X I Consent Agenda I I Old Business I I New Business I I Legal Information Only CRAAB AGENDA ITEM: VIII.B. SUBJECT: Monthly Purchase Orders SUMMARY: Attached is the purchase order report for January 2017 for amounts $10,000 or above FISCAL IMPACT: See Attached CRA PLANIPROJECTIPROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY 2016-2017 CRA Budget CRAAB RECOMMENDATION: NIA CRA BOARD MOTIONIOPTIONS: Approve the monthly Purchase Order Report Susan Harris, Finance Director Boynton Beach CRA Purchase Order Report Month: January 2017 Vendor Amount Funding Source Description Lewis Longman Walker $ 32,000 02-58200-401 Purchase of property: NE 3rd and 9th Ave. Community Caring Center $ 70,000 02-58500-470 Culinary Incubator Program budgeted and approved in FY 16-17 Lewis Longman Walker $ 175,000 02-58200-401urc ase of 1110 N. Federal Highway City of Boynton Beach $ 134,000 02-58500-461 Clean & Safe - Neighborhood Sustainability Outreach Coordinator City of Boynton Beach $ 263,000 02-58500-460 Clean & Safe - Community Policing Program VHB Millersellen $ 10,500 02-58200-404 Marina Open Space Project Engineering Addendum to Contract T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\CRA Board\FY 2016 - 2017 Board MeetingslFeb 20171FINANCE - Monthly Purchase Order Report MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, DECEMBER 13, 2016, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA PRESENT: Steven Grant, Chair Mack McCray, Vice Chair Joe Casello Justin Katz Christina Romelus 1. Call to Order Mike Simon, Interim Executive Director Amy Petrick, CRA Board Counsel Chair Grant called the meeting to order at 6:30 p.m. II. Invocation Chair Grant gave the invocation. Mr. Casello led the Pledge of Allegiance to the Flag. Ill. Roll Call Roll call determined a quorum was present, IV. Legal: None. V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda Chair Grant advised he will add a new assignment, Item 15. C, CRA Advisory Board assignments. B. Adoption of Agenda Motion Vice Chair McCray moved to approve the agenda as amended. Ms. Romelus seconded the motion that unanimously passed. V1. 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 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 Ms. Romelus disclosed she met with Attorney Bonnie Miskel and representatives regarding Ocean One. She expressed her condolences for Officer Joe Crowder and his family. She received a card from the K-9 unit and thanked him for his service. Mr. Casello had no disclosures to make and offered condolences to the Crowder family, his two sons and his fellow officers, noting he was a 14 -year employee. He advised flyers regarding Farm Share, free food distribution will take place on January 28th between 9 and 12 next to St. John Missionary Baptist Church and there are business cards regarding sober homes. If anyone sees something suspicious, they should call the number and the State Attorney will research. He noted the number is a toll-free number. Mr. Katz disclosed he met with the Ocean One team and their counsel last week with Mr. Simon, CRA Interim Executive Director. He offered sympathies to the family and fellow officers of Officer Joe Crowder. Vice Chair McCray also met with Attorney Bonnie Miskel and the Ocean One team. He offered condolences to Officer Crowder's family, friends and the Police Department. Chair Grant attended the Holiday Tree lighting, and the holiday and boat parades. He had met Officer Crowder when his backyard furniture was stolen and praised him as a great officer who would be missed. Chair Grant advised flyers for Tiger Sound Marching Band were available and they will be playing during half time at the Miami versus Golden State game. He advised he planned to attend. B. Informational Announcements VII. Announcements & Awards: A. The 46th Annual Boynton Beach Holiday Tree Lighting & Concert Mercedes Copans, Marketing, Events and Economic Development Assistant, advised the Holiday Tree Lighting and Concert was held on Friday, December 2"d on Ocean Avenue. Approximately 800 to 1,000 people attended. It was a family -friendly event and staff received positive feedback regarding the children's activities and photo opportunities with Santa Claus. Local vendors were on site which she listed. The tree will remain lit until December 30th in front of the Schoolhouse Children's Museum. Vice Chair McCray noted half the lights on the tree were out, and learned Ms. Copans already contacted the company and the matter was rectified. B. The 45th Annual Boynton Beach & Delray Beach Holiday Boat Parade The Boat Parade was held December 9th between Lantana and the C-15 canal. Although the weather did not work in their favor and affected the turnout, staff heard positive feedback. Thirty boats were originally confirmed and 22 participated. About 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 200 people came to the Marina to view the parade, and others viewed it from parks and other areas. Banana Boat and Two Georges were packed and Two Georges confirmed their sales increased 35% from the prior Friday due to the event. Staff calculated all the winners and will pian an award dinner in the near future. The U.S. Marine Corp also expressed appreciation for all who donated a toy to the Toys for Tots program. C. Music on the Rocks Ms. Copans announced the next concert will take place on Friday, December 16th at the Ocean Avenue Amphitheater, featuring the Redeye classic rock band. They will also include holiday tunes. The event, starts at 7 p.m. and the Food Truck Invasion starts at 6 p.m. which will include Veggie Love, Tiperou, Taco Fresh, Coldstone Creamery and the Hurricane Alley Chowder Truck. Beverages will be available from PCI. C. Movies in the Park Movies in the Park will resume on January 6 with The Secret Life of Bees. The film was also part of the month-long MLK Jr. Celebration. The film is rated PG 13, but since it addresses serious issues, viewer discretion is advised. The Hurricane Alley Chowder Truck will be available and a concession vendor will sell candy, popcom and other snacks. A preview of local CRA businesses will be viewed, prior to the start of the film at 7 p.m. At the end of film, raffles for the advertised businesses will be drawn. Mr. Casello praised staff and congratulated them for their work on the Holiday Boat Parade. Ms. Romelus agreed with Mr. Casello's comments. She acknowledged Ms. Copans was new and has done a great job. VIII. Consent Agenda: A. Approval of Period Ended Nov. 30, 2016 Financial Report B. Monthly Purchase Orders C. Approval of CRA Board Meeting Minutes Nov. 9, 2016 Motion Vice Chair McCray moved to approve the Consent Agenda, Ms. Romelus seconded the motion that unanimously passed. IX. Pulled Consent Agenda Items: None. X. Information Only: A. Public Comment Log 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 B. Marketing and Business Development Campaign C. CRA Advisory Board Agenda — Dec. 1, 2016 D. Minutes — CRAAB Meeting —Nov. 3, 20116 E. 2017 CRA Advisory Board Meeting Dates Xl. Public Comments: (Note: comments are limited to three minutes in duration) Chair Grant opened Public Comments. Lisa Browne Banic, 720 E. Ocean Avenue, thanked all for the opportunity to serve as the newest member of the Recreation and Parks Advisory Board. She also works with veterans and had some ideas for the community. Lynn Simmons, Splashdown Divers, commented on the Green Space renovation at the Marina and explained the signs did not work or they are not there. She asked if the Board could find a way to offer financial assistance. She signed a lease which required a security deposit. Ms. Simmons noted she has been at the Marina for 35 years. She requested she be grandfathered in, so she would not have to pay the $800+ security deposit. Attorney Petrick advised she would review the documents to see if the Board had the authority to waive the deposit Chair Grant requested a motion to postpone the security deposit until a review was finished. Vice Chair McCray and Mr. Casello seconded the motion. Motion Vice Chair McCray moved to suspend the $800 until the Board receives final approval from Counsel. Vice Chair McCray asked what happened to the sign indicating businesses were open. Mr. Simon explained the discussion was to recognize access to the tenants' customers where the boats were and advise they were open. Staff placed two signs with arrows to access Two Georges and the marina slips. Chair Grant asked if the sign indicates it was open during construction and learned it did not. He requested said signs be used. Mr. Simon explained where the signs were located. Ms_ Simmons explained she raises the issue because of the loss of advertising because they do not have pedestrian traffic on the dock. Ms. Romelus requested an update. Mr. Simon explained the contractor's estimated schedule was to be entirely finished by January 20th. There was a delay because of 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 helical piles, but they were completed sooner than they thought, but there are still some engineering revisions for the span of the new boardwalk. All of the form and steel work for the seawall is in place. They will meet with the geotechnical engineer contractor for the last two piles which are load bearing. The project should be finished on time and on budget. No one else coming forward, Public Comments was closed. XII. Public Hearing: None XIII. Old Business: A. Status of the Ocean Breeze East Project Mr. Simon explained the meeting backup had a letter regarding Nurock Development and Robby Block, Project and Acquisition Manager. The application was turned in on time, and there were 43 other applications. As of November 30th, all projects were ranked, and this project was not in the top tier of selected projects. There is a challenge window for applicants not selected to point out issues that may have been overlooked or underscored. There are challenges that are won, but Mr. Block did not know how many other applicants were challenging the rankings. NuRock intended to challenge the findings and hopefully, if not selected, they would look for alternate funding. The contract is still in place, which will come back in January or February, which the Board could terminate or learn about alternate funding. Mr. Casello questioned the success rate of the challenges, noting this was the Board's second or third attempt at development through this method. He thought the Board should re-evaluate the matter and formulate a plan as the land was sitting there way too long and the tax credits are not working for this parcel. Vice Chair McCray agreed. Mr. Katz noted the Town Square proposals were received and there are potential sites for the police or fire station. If the application fell through, he wanted to seek holding the spot open for the Town Square or a land swap. Vice Chair McCray inquired if the members were under the cone of silence and learned they were. Chair Grant wanted an update for January. It was noted this was for a SAIL loan which is the 4% tax credits. Mr. Casello commented they were led to believe success was more likely with the 4% credits than the 9%. David Katz, 67 Midwood Lane, commented there were 43 applicants and he did not say what his rank was. He thought it would be prudent to ask NuRock to submit a Notice to Perform within 30 days to see if they have performed what they were tasked to do. He did not see where there was any verifiable data by Nurock in the backup. Usually when funds are awarded, they are given and he thought it was rare to take funds away from another application that was awarded. With SAIL funds and incoming Secretary of 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 Housing and Urban Development, these funds may be cut. He thought NuRock should have been present and this was not what the HOB wants or needs. He thought there should have been a more definitive recommendation from staff and thought the Board should seek a Notice to Perform. Attorney Petrick was not familiar with a Notice to Perform as a legal instrument, but explained it may pertain to an anticipatory breach of contract. She commented the Board may need an update from the applicant to say whether they can perform and under what conditions, so the Board can determine if the agreements are still in compliance. Chair Grant asked an update be prepared. Motion Vice Chair McCray moved to give Legal direction to bring back a report to the Board indicating what NuRock's intentions were for the project known as Ocean Breeze East. Mr. Casello requested a representative from NuRock appear at the next meeting. Mr. Simon explained there were numerous emails sent to NuRock requesting they attend. Staff will ask again. Ms. Romelus seconded the motion. Vote The motion unanimously passed. B. Consideration of Community Benefits Agreement between the CRA and Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) for the Ocean Breeze East Project in the Heart of Boynton Tabled 10/10/16 This item remained on the table. C. Status of the 2.97 Acre Project Site Known as MLK, Jr. South Mr. Simon explained the application deadline was December 81h for the Florida Housing Finance Corporation and was extended to December 301h. Mr. Block described challenges made by potential applicants to remove the benefits of a local governmental support agreement which would be scored higher, which the City has. if the challenges to eliminate it or lower its importance is not decided or changed by the 30th, then the applications would be due and the funding would remain in the application. Vice Chair McCray asked if the challenges are in his favor. Mr. Simon explained lobbying the application rules was initiated by applicants that do not have a significant contribution from the local governmenticommunities. They feel it is unfair to rank an application based on their level of support. He hoped those in charge would keep the priority ranking for those with the local government match or contribution. The City provided $1 million and the land. The application deadline has not passed. Vice Chair L Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 McCray commented the update will not be finalized by the 30th. Mr. Simon explained the applications have not been submitted. The whole process was extended 30 days. Mr. Caseilo understood the contribution would help the ranking, but others say it is not fair. Mr. Simon confirmed the comment as correct. He expected Mr. Block to apprise the Board if it was removed in January. Chair Grant learned the Board would receive an answer regarding the new deadline when Mr. Simon learns of it. D. Consideration of Community Benefits Agreement between the CRA and Heritage at City View Housing Partners, LP (NuRock Development Partners, Inc.) for the 2.97 Acre Project Site Known as MLK, Jr. located in the Heart of Boynton Tabled 10/10116 (This Item remained on the table.) D. Presentation and Consideration of Search Firms for Hiring a CRA Executive Director Mr. Casello commented a lot has happened since Mr. Simon assumed the Executive Director's duties on an interim basis and suggested Mr. Simon should be kept on for six months and then the Board evaluate his performance. He thought the atmosphere had improved and he was satisfied with the information he receives and the dialogue he has with Mr. Simon. He commented he should be able to hire an assistant director to assist him. Colin Benzinger, Beninger and Associates, explained he never worked for Boynton Beach, but has worked for other cities, He noted a resolution in his handout from St. Johns County which was presented to him by the County Commission several years ago. He detailed what should be done to find appropriate candidates in an open and transparent way, and noted it was rare a County Commission passes a resolution thanking a consultant for their services. Comments from the Fernandina Beach City Manager were also included. Mr. Benzinger explained he got into the business 18 years ago. He felt there was an opportunity for a municipal recruiter if he provided services at a reasonable price and provided good candidates. To date, he has worked in 31 states. They handle 70% of city and county manager searches in Florida because of good results and the quality of their work. The firm has the expertise and intuition to find appropriate candidates as they are flexible and will incorporate needed items in the search. He advised Benzinger and Associates is the only firm that checks references. The fees are all inclusive; there are no extra charges and as the expert, they should be able to foresee unforeseen circumstances. The only time a fee is changed is if the search ends quickly or the entity hires an internal candidate. They have been on schedule and never missed a deadline. The results are guaranteed and the firm is customer -service oriented. He invited the Board members to contact him. A flow chart was viewed which encompassed the firm 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 learning what is wanted, what type of person will fit, discuss the community and the challenges they will face. They will also discuss candidate salaries and when finished, put together a brochure, a sample which he distributed. The goal is to be complete and accurate and then put the position in the market place. The firm solicits candidates through outreach, phone, professional organizations, approaching individuals, and advertisements. They have an email data base of 13,200 professionals in local government and they can reach more candidates via email. If recipients are not interested, they may know of someone who is. The process takes about three weeks. The firm collects the resumes which Mr. Benzinger reads. He selects between 6 and 15 applicants, calls each of them and applies a series of 10 basic questions in addition to others and determines if they are good for the position and the community. If so, he turns them over to his staff for background checks. Applicants provide about 20 references, and if they can speak to eight of them, they will have a good idea of the candidate and if there was anything else they need to know. Each reference will be written up for the Board to review and contact. The firm conducts background checks including criminal, civil, credit and bankruptcy, and Department of Motor Vehicles. They check the internet and verify education and experiences for the last 10 years. When the information comes back, applicants complete a five-page questionnaire. The total package is reviewed, he determines who will go forward and sends the package to the Board electronically. After about a week, Mr. Berzinger calls the Board members to discuss the candidates and then meet as a group to select the candidates the Board wants to interview. About 10 days later he brings the candidates for an interview. He also likes the Board to meet the candidates in a public reception as the CRA Director will represent the CRA and interact with people. The firm likes to wait a few days to let the Board contemplate the decision and get input from people at the reception before meeting to select the next CRA Board Director. The price is $24,500 and their guarantee is in the back of the presentation. Vice Chair McCray inquired about the population of St. Johns County and learned it was about 170,000 at the time. He asked if Mr. Benzinger ever hired a CRA Director and learned he had not. Vice Chair McCray commented Mr. Benzinger indicated the Board would indicate what kind of person is wanted, but he thought Mr. Benzinger should tell the Board what kind of person it needs. He thought it was a red flag. Mr. Caseilo asked how Mr. Benzinger would sell Boynton Beach and learned he would describe it as a wonderful city on the southeast coast of Florida. Youth can receive a good education, but there are challenges as the downtown is not as developed as some of the other communities. The City has a strong elected body that wants to go forward. There are wonderful resources with the boat and marina area that needs to be capitalized. A basic question he would ask applicants is why they are interested. Bob Slaven, Slaven Management Consultants, explained the company was formed in 1991 as a local government recruitment firm and they work in 47 of 50 states. He 0 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 worked for a large international search firm and then a smaller company and in 1991 he started Slaven Management Consultants. During his tenure, he has placed about 33 individuals in planning, community development and redevelopment positions. Most of the work was done in Florida, but some of it in large jurisdictions such as the CRA for the City of Los Angeles where they placed three senior managers. Many individuals placed in planning positions are responsible for CRAs as are City Managers. The work they do is targeted, strategic and focused on outcomes. They spend a lot of resources in the beginning finding what the Board is looking for and speak with each Board member getting a clear idea of what is wanted. The firm advertises in professional association journals and websites and finds candidates that meet the criteria. They use a national network. Once the criteria is identified, they contact people they know who may have similar organizations or accomplishments that have succeeded. The work they do results in a comprehensive profile that describes the CRA and develops a recruitment profile which is distributed. Once identified, they contact candidates and talk in confidence. They identify 10 or 12 people on which they conduct background checks, including criminal, credit, educational and others and will Google them and ask candidates questions about their work history. They do not want to put anyone's job in jeopardy. They are reasonably sure when the top three candidates are selected, they will pass scrutiny. When the Board indicates who they are interested in, they do their due diligence, including site visits, speaking with the candidate's coworkers and former employers. If community involvement is wanted, or a different kind of interview is wanted with perhaps staff and City involvement, they will assist. The firm will serve as advisors during the interview process and help negotiate an employment agreement. They want to ensure placement is successful and will help the Board set performance goals. They have a two-year guarantee and have honored it twice in 30 years. Mr. Slaven explained in one instance the individual died and in the second instance, the Mt. Dora City Manager left after a few months on the job. Those individuals were replaced at no additional fee. Mr. Casello asked if they placed anyone closer than in Los Angeles and learned they placed planning directors in Lee County, Florida, that has a CRA. They placed a planning director for the Southwest Florida Regional Planning Agency, the Escambia County Planning Director, and Miami. They placed a City Manager in Ocean City, worked for Pompano, the Boynton Beach City Commission, placing Kurt Bressner in the position as City Manager, and have worked for Ft. Lauderdale. Mr. Casello asked how he would network to attract a candidate other than salary. Mr. Slaven explained the location is fabulous. The GRA was in existence since 1981 and has been very active and highly successful over the last three or four years. The City government is well respected and financially sound. Their fee is $15,160, plus expenses which are capped, including all out of pocket costs, report preparations, advertising, his travel, including his travel for candidate site visits, but not for the candidate to travel to the City. The out of pocket expenses are capped at 55% of $15,160 equaling $8,338. If they do not spend it, it is not charged. 0 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 Mr. Slaven had a map of the redevelopment area and thought a tour would be very beneficial. He did see some parks and housing, some commercial and new residential in the District when he drove through. Vice Mayor McCray commented if recruiting he should have gone to the CRA. He asked if the three candidates placed in Los Angeles were still there, but learned they were placed over 20 years ago. He asked what the overall success rate was and learned all of their assignments have been filled by people they recommend, and they continue to work for the entity until that happens. The average for most public sector executives is five years and their average is 7.5 years. W.D. Higgenbotham with the Mercer Group responded to Vice Mayor McCray's question if he toured the CRA District and learned he had not. Mr. Higgenbotham distributed a handout containing the complete proposals and advised he has been in operation for over 26 years. The main office is in Atlanta. They have offices in 13 states and one in Volusia County. He handles all the recruitment in Florida and has been in public sector management for over 30 years. He was a City Manager for four cities in Florida and Director of Economic Development for the Regional Planning Council of North Central Florida for eight years. He has recruited businesses for the last five years, and would be the project manager to search for a recruit for Boynton Beach. The services they provide were contained in the handout and on the website. Mercer Group provides a position analysis profile inviting potential candidates to apply. They review and screen applications and conduct reference checks including credit, criminal and local, State and Federal background checks. They have a seven -step approach outlined in the handout. The position analysis defines the work relationship and requirements and he would like to meet with the Board if selected. He would draft a position announcement, prepare a brochure and handle solicitations. He would recruit regionally and on the state and national levels. Most clients in Florida want some or only Florida experience_ He would attract candidates through the Florida League of Cities and local professional journals in the State, and review their resumes. He handles the candidate screenings and spends an hour to an hour and a half, at least by phone and if possible, face-to-face with applicants. He would promulgate a list of recommended finalists and meet with the Board to narrow the interview list. When selections are made they conduct their background research, including academics, credit, driving records, reference checks and past performance. This would be presented to the Board before interviewing would occur. If the Board desires, they could coordinate a community meeting for the finalists. The estimated time frame is 10 or 11 weeks to complete the process and he would keep the Board informed on a weekly basis. They charge a flat fee, which is all-inclusive of $15,750. The handout listed all of their guarantees. The firm keeps working until the Board has the candidate it wants. Once a candidate is selected, they will not recruit that candidate from the Board for two years unless the Board gives permission or after some time, the candidate leaves on their own. They do not present the same candidate to more than one agency at the same time to avoid conflicts of interest. If the selected 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 93, 2096 candidate leaves within two years, they will replace the candidate for expenses only which is typically advertising. Vice Chair McCray noted the three prior candidates indicated they will looK Tor what the Board wants and learned Mr. Simon had forwarded a job description to the firms for the CRA Director. Chair Grant noted out of state costs of $600 to $750 per person were listed. Mr. Higgebotham explained if bringing in someone from out of State, they are going to fly in and the cost is for lodging and a stay of one or two nights. The job announcements are helpful, but when meeting, there may be idiosyncrasies the Board is looking for in a candidate. Vice Mayor McCray wanted someone to revitalize and bring growth to the City. If awarded a contract, he will have already spent time touring the community and would have suggestions. Ms. Romelus asked if Mr. Higgenbotham was a veteran and learned he served the Country in three wars, but as a contractor, and more recently, spent seven years in Iraq. He taught transparency in government to provincial councils in IRAQ. Chair Grant opened public comment. Peter Gilio, 305 5th Avenue, commented he was looking to register with the CRA. Chair Grant explained the opening has not been posted. There is a process to go out into the community to get the correct fit. Mr. Gilo asked if a community group could participate. (Mr. Casello left the dais at 8:0'1 p.m.) Lisa Browne Banic asked about the timeframe to select the recruiting firm and about the timeframe to fill the position. Chair Grant responded the Board could select the firm tonight or table it for 30 days. In the meanwhile, the Interim Executive Director will run the Agency. The process tapes about three months. She thought the community should have an opportunity for input similar to a Town Hall or a question and answer session if they hire a firm so they can gather input. No one else coming forward, public comment was closed_ Mr. Katz explained the Board gave the interim position to Mr. Simon and in the two months he assumed the Director's duties he has shown potential. He favored offering a one-year contract to expire in August, but noted Mr. Casello's suggestion to keep him in an interim position to have more time to evaluate him. He acknowledged Mr. Simon has knowledge of Boynton Beach. If a new director came, there is a risk they may remove some employees. He favored a greater time window and thought Mr. Simon should hire an assistant. Vice Chair McCray believed in hiring from within and thought he could use an existing individual to be his assistant and hire another position to fill that position. Interim 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 positions run until such time as the Board feels they should be made permanent. He listened to the presentations and thought Mr. Simon should be given a fair chance. Vice Chair McCray favored letting him serve until the Board feels he should be given a permanent position or they filled the position. Motion Vice Mayor McCray moved to table. Mr. Casello seconded the motion. Mr. Katz thanked the firms and apologized to them as he was looking to table the item. Chair Grant commented they were going to see what opportunities are available and was pleased with the work the Interim Executive Director was doing. Vote The motion passed unanimously. Mr. Katz asked how long the Board wanted to re-evaluate the position. Vice Chair McCray wanted to table the issue for six months and then review. There were no objections noted. Mr. Casello asked if Mr. Simon could hire an assistant. Chair Grant explained it would be heard under New Business as Item 14 F_ Motion Vice Chair McCray moved to amend the agenda to add the Item to New Business, 14. F. Mr. Katz seconded the motion that unanimously passed (place the vote as a separate paragraph. Vice Chair McCray clarified he was discussing hiring an Assistant to the Director, not an Assistant Director. E. Discussion of Request for Proposals and Qualifications for the Cottage District Site Mr. Simon explained the CRA issued a Request for Proposals/Request for Qualifications (RFP/RFQ) for the CRA property known as the Cottage District in the CRA Pian. It is about a 4.5 to 5 acre site. The idea was for the site to be re -platted to accommodate smaller housing, similar to a cottage -styled house and provide for single family homeownership in accordance with the Pian. It creates diversification as varying ages will occupy the smaller houses and they would be similar to the historic homes on 4t having a cottage feel. It was anticipated developers would provide proposals in accordance with the RFP. As of the November 16th deadline, the CRA did not receive any proposals for the project. Mr. Simon noted there are single-family homes being 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 constructed on infill lots on N. and S. Seacrest Boulevard. The subject site is a great piece of land, similar in value to Ocean Breeze. Mr. Simon wanted to meet with some of the single-family housing developers in the area on their vision for the lots and re- evaluate it in six or eight months. Chair Grant researched what a Federal Housing Authority does as the CRA was trying to build single-family homes there using federal money. He wanted to know if the CRA was able to create a housing authority for this and other properties in the CRA using federal and CRA funding as well. The CRA has a $10 million budget every year and he thought the few hundred thousand for Ocean Breeze East and MLK South may not be used this year. it may be up to the Board to decide to build in District 11 and he wanted the Board to consider asking private developers to build something the people want to live in. Ms. Romelus agreed and wanted additional information. Mr. Casello thought it was a great concept and thought the CRA should not acquire more property in that area until further direction is given. Vice Mayor McCray wanted to direct Legal staff to bring back criteria to the Board to proceed to be a housing authority if they want to go that route. He also commented in reference to Ocean Breeze, they can also put single-family homes on the property. Chair Grant thought the CRA, as an agency should see what they can do to help construct buildings. F. Boynton Woman's Club Window & Door Repair Restoration Project and CRA Grant Mr. Simon explained in 201412015, the Woman's Club sought a Historic Preservation Grant from the State for the Woman's Club that needed matching funds. The CRA approved a $50K grant to match the requirement. The Woman's Club was awarded the grant and got the work done under the historic guidelines. Pat Waldron, Woman's Club, explained she and another woman wrote the Special Category Grant two years ago and they appreciated the CRA's support. The grant is ongoing and the project will be finished in January. She gave a brief update and thanked the CRA for their support for recognizing the importance of the building and the City's history. She invited all to the building next year when renovations are complete. Mr. Casello asked how many members the Woman's Club had and learned about 75 members. He asked how the Woman's Club generated revenue to keep the building in good condition. Ms. Waldron explained the building is being managed by an outdoor vendor. The lease will expire in 2017 and then the Woman's Club will resume responsibility for the building again. Mr. Casello thought the CRA would be interested in purchasing the building and preserving it. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 Vice Chair McCray appreciated the newsletter. XIV. New Business: A. Discussion and Direction for the Potential Acquisition of 416 E. MLK, Jr Blvd Tabled 1119116 for 90 days B. 2017 CRA Board Meeting Dates Ms. Romelus noted the Department of Transportation (DOT) was also making a presentation on January 10th. The Board did not have to move its meeting, but she wanted to announce the date. Motion Ms. Romelus moved to approve the CRA meeting dates as presented. Vice Chair McCray seconded the motion that unanimously passed. C. Consideration of Agreement for Services between the CRA and the Community Caring Center for Culinary Business Incubator Services — FY 2016-2017 At the August 17th CRA Budget meeting, the Board approved a request for $70,000 to generate start-up businesses and assist existing business become independent through workshops, training and providing a site to prepare food items on E. Boynton Beach Boulevard. This is a one-year agreement. This year, staff tightened the deliverables to be more measurable, and increased the budget from $50,000 to $70,000. The CRA was looking to see 10 new full-time equivalent jobs and have a quarterly report with an increased focus on marketing, a description of the individuals they are assisting, and providing information where residency is, where the businesses intend to locate, if known, and tie the assistance to job creation with an emphasis on Boynton Beach residents and/or existing businesses. The agreement was approved by the Community Caring Center and is ready for approval. Motion Vice Mayor McCray moved to approve. Mr. Caselio seconded the motion. Chair Grant attended a Secret Garden tasting event ana aavisea the food was delicious. Mr. Simon also explained they participate in the Taste of Boynton each year. Bryan Fitzpatrick, 409 N 1st Street, explained the Community Caring Center does a great job providing services to the community, but thought the CRA should start thinking about the Center relocating from their current office location, which was a duplex. He 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 commented their location is in the Cottage District. They are outgrowing the location and parking is an issue. Mr. Casello noted they are in the process of looking for a new location and they will work to see if they can make it happen. It was an item for a future agenda or budget discussion. Vote The motion unanimously passed. D. Consideration of Revised Credit Card Policy — Human Resources Policies and Procedures Manual Mr. Simon explained there was a change as part of the Human Resource policy, which adds another approval. Mr. Simon clarified the revised policy will make it easier to reconcile monthly credit card receipt forms and it takes away the potential for the loss of receipts between the use of the card and the time when reconciliation takes place It will not inconvenience staff and it affords better accountability. When a card is used for a purchase, it will be approved by Ms. Harris or Mr. Simon prior to the purchase as opposed to the current method. Chair Grant asked what happened if a staff member needs to make a purchase and does not have a card available. Mr. Simon explained they can sign out the card and indicate what the purchase is for. Mr. Casello noted when receipts come in, the employee, Ms. Hill or Ms. Harris reviews the receipts and now Mr. Simon will sign making it three required signatures. There is a $5,000 limit and senior staff has a $10,000 limit. The amounts are consistent as when booking six or seven hotel rooms for a conference, there will be a limit more than $1,500. They explored getting a corporate card, but the bank does not allow a corporate card, so it was left as is under the supervision of the Finance Director. Staff knows when the purchases are coming. Chair Grant thought staff should determine which credit card would be the best for the new policy and could consider another credit card as well. Mr. Simon could provide an analysis at the next meeting. Motion Vice Mayor McCray moved to approve. Mr. Katz seconded the motion that unanimously passed. E. Consideration of Special Events Grant for Boynton Beach Dr, Martin Luther King, Jr. Celebration Committee This item was heard out of order (before item A) 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 Vice Chair McCray explained this event is a signature event in District II. This year, the Committee was working with Congressman Alycee Hastings. He spoke with Mr. Murphy about the $5,000 they were requesting and wanted to ensure all understood what the money could be used for. Mercedes Copans had also advised him what the funds could and could not be used for. Greg Murphy, Co -Chair, 2017 MLK Celebration Committee, explained he serves on the Committee along with Deputy Fire Chief, Latosha Clemons, other community members and the Fire and Police Departments. He thanked the committee members present and the CRA and City for their past support. The event has been around since 1990 and was a self -funding event each year which started with a march from the railroad on MLK Jr. Boulevard to Heritage Park. There is a small community cleanup and a banquet held at Benevenuto. During the past three years, the event upgraded from a march to a parade in conjunction with the CRA sponsored Unity Day. The banquet is now a Gala. The keynote speaker is the new superintendent of Palm Beach County Schools. Last year as part of the event, four houses for senior citizens in the Heart of Boynton were painted. Music on the Rocks was also included in the festivities. The projected budget for this year's event was included and the committee was requesting $5,000.. Vice Chair McCray noted the CRA budgeted $40,000 for Committee events for District 11 because they wanted to make it a signature event, The Committee is indicating they need an additional $5,000 to help offset some of the incurred costs. Vice Chair McCray commented it will not be feasible for this group if they did not approve the request. He asked for a budget to see how much was left and there was a balance of $577. He favored the additional $5,000 for administrative costs in accordance with CRA Guidelines. Chair Grant inquired if they were allowing vendors to participate or had sponsorships from community businesses. Mr. Murphy explained vendors participate on Unity Day and they house the merchandise or the eateries they have. There is no vendor fee. Vice Chair McCray thought there should be a cost and it could go to the CRA Committee to offset other expenses the MLK Committee has. He commented this year the Committee was requesting $5,000, but if their account was larger than $577, they may not have to request $5,000 from the CRA. Mr. Murphy explained it is not supposed to be a fund raising event, it is an open event. Vice Chair McCray explained there is a cost for vendors and if the Committee is not pursuing charging vendors, they are losing revenue for the next event. Chair Grant agreed having sponsorships available and creating tee shirts can help make the event bigger and grander every year. Mr. Murphy explained the vendor event is a CRA sponsor event and the funds go to the CRA. Mr. Simon explained with larger events, vendors pay to attend, but local businesses and vendors are. free. This is not a CRA sponsored event, it is a MLK Committee Event. The suggestions are to the Committee. With Movies in the Park and Music on the Rocks, vendors should be charged a nominal fee because CRA provides tents, tables 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 and chairs. Vice Chair McCray thought they should discuss it as a group. The CRA is trying to assist the MLK Committee generate revenue. Ms. Romelus asked if the program booklets have local businesses advertising and learned they do. The ads pay for the cost of the book. Mr. Casello asked if the police presence for the parade was an in-kind service and learned it was. He asked what the extra $5,000 was for. Susan Harris, Finance Director, explained this grant is a reimbursable grant. Funds are spent and the Committee provides documentation it was spent for the purposes of the grant and then the CRA reimburses them if the Board decides to approve the f6il $5,000. Motion Mr. Casello moved to approve. Vice Chair McCray seconded the motion that unanimously passed. Ms. Romelus commented there were a few issues with the application as they had applied late and there were several documents missing so the Board can approve or disapprove the request. F. Assistant Director Mr. Casello noted the former Director had an Assistant Director which helped with the CRA workload and he thought Mr. Simon should have the same ability to hire someone to assist him. Mr. Casello thought whoever is chosen would be the next one up and they should be kept in the loop as he was surprised how isolated Mr. Simon was from the day-to-day decision making. Whoever is hired as management, should all be on the same page. Vice Chair McCray was not in favor of hiring an assistant director. He commented he could create an Administrator I, 11 or III position and move an employee up the ladder. Mr. Casello asked Mr. Simon what he preferred. Mr. Simon explained if an assistant director is hired, they would attend meetings, meet with developers, handle acquisitions and the period ends in a four or six months . He did not know what kind of security they would have. They could be a consultant or something similar, but there may be personnel shifts. it would also be hard to hire someone that quickly. Another administrator could come from a firm, such as they had with Ms. Bright where they hired someone to help with the Haunted Pirate Fest. Mr. Simon noted the City had hired someone on a temporary basis and he would work with the City to try to find a person to pick up the extra or find a consultant or temporary employee. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 Vice Chair McCray suggested leaving the matter in Mr. Simon's hands and he provide the Board with a report next month. He was not in favor of hiring a consultant. No motion was made. Chair Grant mentioned one thing the CRA has been lacking was an investment professional to sell the CRA to developers. Chair Grant asked who was in favor and learned there were no objections. XV. CRA Advisory Board A. Reports: 1. City Services Survey for the CRA District B. Pending Items: 1. Research for a Potential CRA Grant for Job Creation 2. Review the 29 Recommendations made in February 3, 2016 Miami -Dade County Grand Jury Report Concerning Affordable Housing and Mismanagement of CRAs 3. Draft Community Benefits Agreement C. New Assignments: 1. None Chair Grant thought the Board should contemplate what it would request from developers if they asked for Tax Increment Funding (TIF) and the Advisory Board should study the issue as the funds are taxpayer dollars going to a private developer. Chair Grant also wanted to see workforce housinglaffordable housing and WiFl, and come back with items they can consider when developers ask for TIF. Mr. Casello commented the task was outside of the scope of what the Advisory Board was established to do. They were to look at certain projects in the CRA District that the Board may have a question about The Advisory Board was conducting surveys and others and that was not the initial idea of the Advisory Board. They go through the entire agenda making recommendations and obtain answers the Board may have about a project. Chair Grant agreed they can discuss what the Advisory Board can do rather than reviewing the full agenda. He reiterated the Advisory Board could make recommendations if a developer asks for TIF. Vice Chair McCray agreed. Ms. Romeius thought there was a lot of redundancy and thought they could work on pending items. She thought the Board could revise their role, give suggestions on items, but change their focus and work on the pending items. She thought studying TIF recommendations would be appropriate. There could be a standard policy and reviewing the agenda would not be included. 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 Mr. Katz cautioned implementing additional regulations without considering the CRA is unique within itself. He had no objections with the Board or Advisory Board developing a list of suggested items the Board would like to see in exchange for TIF, as it comes up on a case-by-case basis. Chair Grant agreed with case-by-case and thought it would be helpful to know all the tools that are available for TIF. Linda Cross, 625 Casa Loma Blvd, Chair, CRA Advisory Board, commented the City Services was previously discussed. The Advisory Board has done research on the grant for job creation, and connected Mike Simon with an organization that tries to see how the organization and the CRA can work together. The Advisory Board reviewed all 29 Grand Jury recommendations regarding CRAs. The items relevant to Boynton Beach are receiving a step-by-step review about how the recommendations could be implemented in the City. The draft Community Benefit Agreement (CBA) was a new assignment and staff was asked for information about CBAs used by other CRAs. Developer requests for Direct Investment Funding was an important issue for the Advisory Board and the CRA to work on to determine what benefits the City should obtain. She commented going through the entire agenda was labor intensive which she did not think was appropriate for an Advisory Board. Mr. Simon explained the CRA already has a direct incentive funding policy. It is short and brief, but it lists items to consider. Prior to 2012, staff felt vulnerable to requests and developed the policy to provide the agency with direction and protections as clear guidelines. He thought in addition to the wording of the assignment would be to look at the existing policy and work on that. An unidentified man commented the CRA is designated to develop underdeveloped parts of the City to eliminate blight. He asked what happens to redevelopment of the Boynton Terrace apartments and Cherry Hills. Vice Chair McCray explained the Cherry Hill is a county project and the land is owned by the Housing Authority. The Boynton Terrace area was the NuRock project. The man asked about the process of reaching out to the community on what projects may or may not be approved. There were meetings earlier this year regarding the Consolidated CRA Plan. Vice Chair McCray also commented there is a HOB association and if he gave his name to Mr. Simon, they would notify him about meetings so he can attend. It was noted the City Commission sits as the CRA board and asked if there was a lot of red tape with processes and decisions and learned there was not a lot of red tape. Vice Chair McCray provided the speaker with his phone number. No one else coming, forward public comment was closed. Motion Mr. Katz moved to approve adding a DIFA policy update to the Advisory Board to review. Vice Chair McCray seconded the motion. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida Vote The motion unanimously passed. Motion December 13, 2016 Vice Chair McCray moved to limit the CRA Advisory Board review to pending items and any new projects coming into the City such as purchase and development agreements. Ms. Romelus seconded the motion. This would be limited to certain New Business and Pending Items. Vote The motion passed 4-1 (Mr. Caseilo dissenting.) XVI. Future Agenda Items: A. Direction Regarding the Disposal of CRA Owned Properties Located at E. MLK, Jr. Blvd. and NE 9th Avenue to St. Paul AME Church of Boynton Beach (appraisals ordered 11123116) B. District Clean Program C. Discussion of CRA Owned Property Located at 222 N_ Federal Highway XVII. Adjournment There being no further business to discuss, Vice Mayor McCray moved to adjourn. Ms. Romelus seconded the motion that unanimously passed. The meeting was adjourned at 9:11 P.M. Catherine Cherry Minutes Specialist. 20 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL ON JANUARY 10, 20175 AT 6:30 P.M., 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven Grant, Chair Mack McCray, Vice Chair Christina Romelus Justin Katz Joe Casello 1. Call to Order Mike Simon, interim Executive Director Tara Duhy, Board Counsel Chair Grant called the meeting to order at 6:30 p.m. II. Invocation Vice Chair McCray gave the invocation. Ill. Roll Cali Roll call revealed a quorum was present. IV. Legal: A. Discussion and Review of Addendum for Waiving Splashdown Divers' Security Deposit Required Under Slip Lease Agreement Tara Duhy, Board Attorney, responded to a follow up from the last meeting regarding the Splashdown Lease Agreement and if the Board could waive the security deposit requirement. The Board could do so. Included in the back up was a lease addendum that had to be signed by the CRA Board and the tenant that effect the change. Motion Vice Chair McCray moved to approve. Commissioner Romelus seconded the motion. Mr. Katz asked about the potential implications to other tenants. Attorney Duhy responded legally there were none because each lease is individual. Mr, Simon noted other tenants could potentially make the same request and thought when the CRA Board changes lease or existing agreements or grant applications, others might come forward. Vice Chair McCray explained this was being done because of a hardship the Board created. Ms. Simmons has been a tenant at the Marina since 2007. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida Jan Vote The motion unanimously passed. 10, 2017 Attorney Duhy explained the second issue was to discuss whether the City of Boynton Beach could create a housing authority within its boundaries. Her research showed the City could have its own housing authority and the boundaries would correlate to the City and not the CRA. It has to be created by resolution after a Finding of Necessity. The CRA can partner with and do projects with the housing authority. She offered to draft up a detailed memo that goes through the process, explains what the authority does compared to what the CRA already does. A Housing Authority, in addition to having a broader geographical district, would have an independent board with members that are not members of the CRA Board or the City Commission. The Authority would have its own staff similar to the CRA. They have additional powers the CRA does not have, such as eminent domain and there are a lot of considerations. They are entitled to create non-profit organizations and partner with other non -profits, but their mandate is slightly different than the CRA which encourages private enterprise within a District in the City. Attorney Duhy commented she could provide the memo in advance of the meeting so she could answer Board member questions. Vice Chair McCray asked if the expense for the Authority would come from the City and learned it would. There is no statutorily mandated income source for the Housing Authority. They can apply for and obtain federal, state and local funding. Projects within the CRA could contribute toward and the City could contribute, but the Authority would determine where to obtain the funds to subsidize what they want to do. The person in charge of the Authority would report to the City, but the City would pay the Authority's administrative and start-up costs as determined by the City. . Mr. Casello requested further information about the boundaries and learned geographically, it would be the City's boundaries and 10 miles outside the City, excluding municipalities. It has eminent domain authority. Ms. Romelus and Mr. Katz wanted more details. Chair Grant also inquired how much input can the CRA have forming a Housing Authority and if the CRA or City Attorney could handle the task. Attorney Duhy was certain the CRA could offer assistance to the City Attorney and, by Statute, the CRA is encouraged to coordinate and cooperate with any existing housing authority. Chair Grant wants the CRA to take the lead on the issue for the City. Vice Chair McCray requested she estimate the start-up costs, which Attorney Duhy agreed to do. She noted the CRA partnered with the Housing Authority of Delray, and she wanted to call the Florida Redevelopment Association to obtain examples and obtain further information and detail. Ms. Romelus requested receiving information on accomplishments and a timeframe. Attorney Duhy explained the CRA has the authority to do different projects within its districts that allows it to partner and create affordable housing with non -profits such as Habitat for Humanity and the Urban League. The memo will recite what they can do outside of the projects they have done. It would talk 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida Jan 10, 2017 about how the CRA's existing powers can get projects done a little quicker. Chair Grant asked if the CRA can apply for State or Federal funding when they qualify. A Housing Authority can apply to the federal government for funds for the authority for projects that met the qualifications of the grants. V. Agenda Approval. None. A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion Vice Chair McCray moved to approve. Mr. Casello seconded the motion that unanimously passed. 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 Ms. Romelus attended the memorial for Officer Crowder at Christ Fellowship Church, offering her condolences to the City, the family and the Police Department. She met several K-9 officers who attended to pay their respects. She attended the MLK parade that did not occur due to the weather, but attended the Celebration of Unity, noting it was a great event. She attended the Florida Department of Transportation meeting at the Boynton Beach Library regarding restriping/paving from 1-95 from the C-31 canal. The work will start the summer of 2018 and will last 18 months. The Department will also update lighting starting March 2017 from the Lake ida Canal, north. There will be new lights and poles installed. Mr. Casello attended the non -parade and thought it was terrible the weather did not cooperate. He disclosed he had a phone conversation with Bonnie Miskel, a representative from the Ocean One project. He announced the Farm Share Food Distribution held in partnership with State Representative Lori Berman, taking place on January 281h between 9 a.m. and 12 p.m., next to St. John Missionary Baptist Church on Seacrest. Volunteers were still needed. Mr. Katz met with JKM Development, working on properties behind Target and Best Buy next to Renaissance Commons, and spoke to representatives from Isram Realty. Vice Chair McCray attended the service for Officer Crowder and sent a thank you letter to Stephanie Slater, Public Information Officer for the Police Department, commending 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 the City and the Police Department on an outstanding service. Vice Chair McCray had participated in many other memorials and services and advised he was pleased to be part of something so spectacular as everything fell right in place. It was a heart wrenching, but touching service and he praised her for a job well done. Vice Chair McCray was glad they were trying to bring the trolley back because it was taken away from elderly individuals. He thought it should have never been discontinued, but there was a cost factor. He commented he received a phone call from Bonnie Miskel, but he did not take the call. Chair Grant also attended the service for Officer Crowder, attended the MLK Committee meeting last Thursday and met with the Boynton Beach Mall operator to discuss the trolley for next year's strategic plan. He attended Movies in the Park, the non-MLK Parade and had a great time at the Celebration of Unity. He also attempted the two step on the dance floor. B. Informational Announcements None. VII. Announcements & Awards: A. Movies in the Park Mercedes Copans, Marketing, Events and Economic Development Assistant, advised Movies in the Park resumed last Friday featuring The Secret Life of Sees, to celebrate the month-long celebration of Dr. Martin Luther King Jr. Only about 85 to 100 people attended. The next Movies in the Park is scheduled for February 3'd, featuring Cirque du Soleil Worlds Away from 7 p.m. to 9:30 p.m. Food and beverages will be available from local venders and attendees will be entered in a drawing to win gift certificates to local CRA merchants. B. Celebration of Unity Ms. Copans advised this event took place on Saturday, February 7th, but there was adverse weather with the cancellation of the parade, the turnout was significantly affected and only about 100 people attended. Despite the turnout, the event was successful from the free children's activities and rides, to dynamic musicals, performances and speakers. She invited all to check out the CRA page to view great photos taken by Charlie Crawford. C. Music on the Rocks 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida Ja 10, 2017 The next event will be on Friday January 20th. Music will be provided by Spread the Dub, a reggae band infusing soul, funk and rhythm and blues. Food and beverages are available for purchase from the Food Truck Invasion and Professional Concessions, Inc. The event takes place from 7 p.m. to 10 p.m. D. Kinetic Art Exhibit and Symposium The third biennial International Kinetic Art Exhibit and Symposium will take place on February 4th from 9 a.m. to 6 p.m. and February 5th from 10 a.m. to 6 p.m. The Opening Reception on February 3'd is by invitation only. The event will take place in the City's downtown and cultural districts, Civic Center, City Hall Chambers, and Ocean Avenue will be used to display indoor and outdoor kinetic exhibits, symposium presentations and other types of kinetic art. There will also be live music, a food court and opportunities for attendees to interact with the artist. She invited all to look for information coming to the CRA website, noting it was already on the City's website. VIII. Consent Agenda: A. Approval of Period Ended Dec. 31, 2016 Financial Report B. Monthly Purchase Orders Motion Ms. Romelus moved to approve. Vice Chair McCray seconded the motion that unanimously passed. IX. Pulled Consent Agenda Items: None. X. information Only: A. Public Comment Log None B. Marketing and Business Development Campaign C. CRA Advisory Board Agenda — Jan. 5, 2017 D. Minutes — CRAAB Meeting — Dec. 1, 2016 E. Signage — Marina Businesses Open During Construction Chair Grant wanted an update on this item. Mr. Simon provided pictures representative of the signage developed and placed at the Marina at the Board's request indicating 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 access to slips, Two Georges Restaurant and that businesses were open. Staff placed six Business Open signs on existing poles in the Marina area and under the directional arrow sign. Vice Chair McCray asked Lynn Simmons if it helped. Ms. Simmons responded they were beautiful signs and they exist, but it did not help her. Xl. Public Comments: (Note: comments are limited to 3 minutes in duration) Michael Corbit, Director, Business Development, Career Source, Palm Beach County commented they held a Career Expo in May at the Community Center which was successful. He met with the CRA Advisory Board and the Board and staff and they are beginning to identify projects to work on. The goal is to create jobs for Boynton Beach residents with these project initiatives. They want to hold a Career expo in March at the Sims Center and CRA staff was reviewing dates. Career Source has a youth department and is looking to provide an intern for CRA staff at no charge. They try to find an intern to work with small businesses in Boynton Beach and focus on Social Media as many businesses cannot afford to hire someone to work on a website or social media for them and Career Source is looking to find an intern to handle those tasks and rotate amongst the small businesses in Boynton Beach. Vice Chair McCray asked how the Career Source would be advertising this because there are many amenities in the City and due to poor advertising, results in a poor participation rate. He specifically referenced the event to be held at Sara Sims. Mr. Corbit explained Career Source and the CRA will promote the event jointly and Career Source has an individual that is very effective with social media. They will be able to track individuals coming to the events. The Career Expo held last May had 35 companies and there were 125 job seekers. They placed 60 to 70 people in jobs at the event and they will have flyers. Harry Woodworth, 685 NE 15th Place, asked about the status of the Welcome Boynton sign that was smashed a few months ago. He thought it was embarrassing for the City to have a sign on a major entryway broken. Mr. Simon explained it is City property and the sign was completed by the CRA. They are in the process of finding a contractor through the bid process. Alexandra Wilson, 1202 NW 5th Street, explained last week the community brought forward an initiative for the redevelopment of Sara Sims Park and was told once the illegal bikes stop being ridden in the park, they will get a date. The information was delivered to the community and there have been no bikes in the park for a week to a week and a half. The community wants to know when the City will start redeveloping the park and have been emailing and getting different stories. Recreation and Park indicates it will be redeveloped and the CRA indicated they would not forward. She requested a clarification. Chair Grant commented they will have to get back to her and the CRA does not fund municipal buildings or parks. Public Works was handling the matter. Chair Grant also noted the City was replatting Sara Sims Park to continue to 0 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 NW 2nd Street to build houses and reduce the size of the Park. The Park may or may not be developed. Vice Chair McCray explained the City will reduce the size of the Park, but they cannot yet provide a date. The City Manager will have to contact her to a give a date and time. One reason nothing was occurring at Sara Sims was because of the dirt bikes. When the City is assured the bikes will not be ridden there, there will be some movement on the Park's development. Ms. Wilson advised the community wanted to discuss some type of development so they can ride their bikes in the community. They have reached out to the community to stop riding them in the Park, and they are now riding them in the street. They need some type of control and safe riding area and want to work with the Board to develop a facility where people can ride the bikes. Vice Chair McCray commented he met with the City Manager on the matter and she will meet with the Police Chief. Delray has something in place they will check for Boynton Beach so there Will not be a safety hazard and the City will not be sued. Once it is solved, they will get in touch with her. Vice Chair McCray recommended Ms. Wilson convey to the community the City Manager and Police Chief are investigating what will happen and how to alleviate the problem. When a decision is made, they will contact her and Vice Chair McCray as the representative of the District. Minister Bernard Wright, advocate for the Heart of Boynton, 713 NW 2nd Street, spoke with Mr. Simon about redeveloping Boynton Beach. One priority is the redevelopment of Sara Sims Park. He thought it was not a problem to have three and four wheeler bikes there because it has dirt and when grass is installed, bikers will not ride on it. He commented the Park needs to be developed. He also spoke about the upcoming Robert E. Wells event and wanted to engage the CRA to help with the celebration by doing what he was doing for the fast few years, giving out hamburgers, hotdogs and information about the area's history. He thought there should be a platform for people to come and speak about what the CRA is doing and planning. He commented the Celebration of Unity did not have a good turnout, not because of weather, but because there was no communication or respect. He questioned what unity was and asserted there is another state of mind white individuals have about the community. He commented as an advocate, he knows the state of mind of his people and of a historical character. Redevelopment/revitalization is about history. He thanked Vice Chair McCray and explained it is about the people's agenda and he is with the people. He commented the community will see revenue, entertainment, children and adult engagement in the HOB. He thought the HOB was a long neglected area and one of the biggest items was lighting and Sara Sims Park was on the agenda. He advised the City will have a proclamation on February 7th which Mr. Adams was drafting and there would be a celebration the following Saturday. He wanted to coordinate for next year and have something real big. Lynn Simmons, Splashdown Divers, slip 13, thanked all for the consideration and advised Mr. Simon got the signage done quickly, but the weather has been horrible. She understood completion of the Marina should be Janua Doth d ry an asked for an 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 update. Mr. Simon explained the project manager advised there should be substantial completion by the end of January_ They were paving today and the site has really accelerated. Irrigation, lighting and electrical will be underground and then the landscaping will be installed, barring inclement weather or severe storms. Ms. Simmons asserted he had a leak and advised the gossip at the Marina is the work would be completed by Easter. Mr. Caselio asked if the contract was written the contractor could be fined for not completing the work on time and Teamed it was. Susan Oyer, 127 SE 14th Way, asked about cigarette containers on Ocean Avenue and felt there should be some installed. She noted there are garbage cans but no smoker outposts. She thought they were not that expensive and something should be done to alleviate the matter. She recalled there were signs on the comer of Ocean and Seacrest when there was a movie and they could be used again. She is on Twitter and follows the City, but never sees anything about CRA events except Pirate Fest. She questioned why the City was not working with the CRA to publicize events. She noted there were 6,000 followers on Twitter and thousands on Facebook and thought the City and CRA should share publicity for events. She asked if the Movies in the Park and Music on the Rock were on the marquee by City Hall and recalled it had been done in the past. She asked what was being done with the round building with the dolphins on it by the water tower and if it was a catchment basin and if it was completed as it looked like an incomplete art project, noting it was not brought before the Arts Commission. She had heard they may install special lighting on the tower. She commented her favorite piece of art is the Bloomer Tree which was damaged during the Hurricane and is now fixed and back on display. No one else coming forward, Public Audience was closed. Ms. Romelus requested a status report regarding the sign on Federal from the City Manager and Assistant City Manager, Tim Howard. X11. Public Hearing: None XIII. Old Business: A. Status of the Ocean Breeze East Project Robby Block from NuRock, 8794 Boynton Beach Boulevard, gave an update on Ocean Breeze East. He advised the application took a 20% hit in tax credit equity which is what they sell tax credits to investors on, based on the new president and his plan for corporate tax. it has a little effect on the project, but it was something they could overcome. in addition, Steve Auguer, Executive Director for the Florida Housing Finance Corporation (FHFC) for 12 years stepped down unexpectedly over the Christmas/New Year's break so there is some shuffling and turmoil among staff. It is a 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 gubernatorial -appointed position. The application is currently outside of the funding range. They appealed with FHFC and hired an attorney and filed a formal petition against FHFC and their scoring and ranking methodology and will go before a Division of Administrative Hearings (DOAH) judge in February. There are two other appeals filed which could alter the rankings and positioning of the SAIL awardees and the 4% tax credits. Another potential issue for awardees of the tax credits is the financial downturn in the tax credit equity. Some applications were priced at $1.15 and they are now priced at 93 cents in tax credit equity which is over a $3 million equity hit to the project. He anticipated people may withdraw applications and they can get back in the funding. NuRock must address the contract, which has a closing date the end of February, but FHFC won't approved the rank applications until the beginning of February and it will be delayed if the petitions go forward. The initial closing date is February with one, six- month extension. He did not know how to proceed, if they should request an extension on the current contract, or see how it goes in February, and then extend it after February. Mr. Casello asked how many applications were submitted for the 4% tax credits and learned there were three applications in Palm Beach County. His application ranked second based on the new leveraging calculations which FHFC implemented at the last second before applications were due. Previously they would take the top B0 applications, discard the 20% remaining applications and rank them in leveraged order. This time they took four applications at a time, ranked them and put them in different tiers and they came up second. Mr. Casello asked how successful NuRock has been in the appeal process and learned they have appealed in the past. Mr. Block advised they feel very confident. They submitted the application before Christmas, had a pre -meeting with FHFC and their attorneys and they referred NuRock to DOAH because they came in before the other two complaints were filed. He expected to appear before DOAH within the next two or three weeks and the judge has 45 days to make a recommendation. It would also hold up the Board approving the current rankings that are in place. Mr. Casello recalled the 4% tax credits and the rosy picture painted, and now a new President and the economy comes into play, and the application is ranked second and they have to go through an appeal. Mr_ Block commented as far as a rosy picture, he looked at the other applications and their numbers and they are upside, but FHFC's process allows for the allocation of credits and then the developer goes to credit underwriting and have their calculations approved. In this round, a developer can withdraw an application without penalty. In the competitive 9% round, if an application is withdrawn, they lose a $25,000 deposit and points deducted from the developer's experience. Mr. Block believed with the loss in equity, there will be applications pulled placing their application in the funding range. Mr. Casello thought there would 40 or 50 applications competing. Mr. Block explained they requested a lower purchase price than the 9% applicant that made a presentation to keep NuRock's leveraging numbers down. The project that came in had less units to spread the costs across and with the purchase price of land was over $25,000 per unit. Mr. Block conservatively estimated those projects are upside down $3 to $4 million 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach; Florida January 10, 2017 before the tax credit dropped. He did not know how they would make their deal work. Mr. Block explained they fife the motion, go through the process and see what happens if the board wanted them to continue on in the process. Vice Chair McCray noted the contract was to February. He could wait, but wanted to revisit the item then. He commented in the past, it failed each time. Mr. Block explained it is a competitive process and fund a 100 unit deal would not occur. Chair Grant noted if Mr. Block wanted to extend the contract, it is non-refundable $5,000 and asked if he would want to renegotiate it in another month. Mr. Block commented if they do not have confirmation they have financing, they cannot do the closing extension and pay the fee. They would just want to extend the closing date. Chair Grant asked if he wanted to extend a month or three months without paying the extension fee. He thought Mr. Block could appear next month as he would have more information. He agreed the next meeting was in early February and NuRock should have more information where FHFC was going. B. Consideration of Community Benefits Agreement between the CRA and Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc,) for the Ocean Breeze East Project in the Heart of Boynton Tabled 10/10/16 C. Status of the 2.97 Acre Project Site Known as MLK, Jr. South Mr. Block explained the initial deadline was December 8 and FHFC pushed it back to December 30. There are multiple parcels involved in the project and NuRock worked with the sellers. The application was due December 30th and he finally received signed purchase contracts from two landowners on December 20h at 10:30 a.m. They had the full package ready to go and submitted it that night in Tallahassee. Currently the application is in their review cycle. FHFC has not released any information about the applications from the State. Mr. Block was personally aware of six applications from Palm Beach County, but the City's application has the local government preference, which should trump any other deal in Palm Beach County assuming there was no other Local Government Preference contribution. Mr. Block commented the application would go to FHFC in March for scoring and ranking. The timeline for that contract was still valid as the closing date was June 30tH Vice Chair McCray did not feel good giving NuRock the contract for Ocean Breeze East and the MLK, He had two parcels tied up in the district. They were waiting for him to bring something to fruition, but each time he hears from NuRock, something has occurred. He can wait until June 30fn, but after that, if the company cannot produce, he thought the Board should move on. Mr. Block explained it was not NuRock causing the delay, rather it was FHFC with their timing and rules. One requirement was to have site control for a minimum of six months post the application deadline. Vice Chair McCray understood, but it was the company that came before the Board. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 Ms. Romelus recalled discussing whether or not municipality involvement was good or bad. She asked what the result was. Mr. Block explained someone challenged the rule in itself which went through the DOAH. The judge was supposed to rule prior to Christmas and they have not heard anything further. He thought FHFC would prevail because it was done last year in Duvall County and no one challenged it, but he did not have enough data yet. The reason for the tax credit is to build affordable housing. Chair Grant thanked him and looked forward for his being here. D. Consideration of Community Benefits Agreement between the CRA and Heritage at City View Housing Partners, LP (NuRock Development Partners, Inc.) for the 2.97 Acre Project Site Known as MLK, Jr. located in the Heart of Boynton Tabled 10/10/16 F- Presentation of Site Plan and Request for Financial Incentive for the CRA Owned Property Located at 222 N. Federal Highway Mr. Simon explained staff needs approval or direction on the site plan as park of the Agreement for Sale and Purchase, which will come before the Board. It is part of the approval and disposal of property for the CRA. Bonnie Miskel, representing the Ocean One Plan, explained her client owned the site for 20 years and a site plan was prepared just before the crash and equity money was not available, the project was shelved. . An aerial of the property was viewed. The subject site was bounded by Boynton Beach Boulevard on the north, NE 6t" Court on east, Federal Highway on the west and Ocean Avenue on south. The site has two parcels. The CRA owns a strip of property on the north side while the majority of the site is owned by her client. The project would be a two phased project. A master plan was viewed. Phase I was being processed through the site plan approval process and had a lot more detail. Phase I was on the north half of the site which was on CRA land, and was a mixed use project with 231 residential units for apartments and 8,575 square feet of retail which wraps the project on Federal Highway and Boynton Beach Boulevard. Retail space on Federal Highway on the west side of the parking structure has a gym and retail in three other spaces including the northeast corner of NE 6tn Court and Boynton. They are premature to know what other retail will be there other than a gym and had interest from some restaurants and she believed it be one of the key elements as it related to retail. The property is an eight story tower building. Some interest was expressed on a taller building, but if going over 85 feet, a significant cost is incurred. Currently, the market is supportive of the eight story building. The parking structure is on south side of the building, and is wrapped by occupied units, but there are seven floors of parking. The proposal includes a public parking component as well. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January10, 2017 Phase II is primarily on Ocean Avenue and the south portion of the property. Two principal uses they expect was a hotel use and a condo that may be taller than eight stories as there are nice views from the southeast corner of the overall site. There will be a public plaza courtyard component in the center including 50 public parking spaces. There are scrivener's errors on the data sheets, but there are 50 public parking spaces for Phase I that will be located on the ground level and on the lot as depicted on the master pian. They were asked to install on -street parking on Federal Highway and NE 6th Court and they will be used for commercial and public parking. The units are studios with a few three bedroom units with most being one bedroom and one bedrooms with a den. The parking requirement for the entire project is 413 spaces and the 50 spaces for public parking brings the Phase I parking total to 463 spaces. Attorney Miskel advised they have to clean up some of the impacts of the changes made. A graphic to show what ground level parking will be was viewed. The site for the Phase 11 project until construction will be a green open space area. They will be used for commercial uses, and some spaces for residential, but most of the residential units will be located on the upper levels of the parking garage. There is a first level amenity deck with a pool, and there will be a gym and club rooms for the residents. The upper levels are all residential. She reviewed the south elevation from Boynton Beach Boulevard and Federal Highway pointing out there will be a retail restaurant likely to be located on the corner and there will be some sort of artistic amenity on the corner to identify one has arrived at the intersection. The amenity deck was on the ground level. They wrapped the garage so it does not look like a garage. There was a request for a bus shelter, which they incorporated into the side of the building to make it more attractive. Vice Chair McCray noted 50 parking spaces were included in Phase I and asked if Phase it will have 50 parking spaces and learned they would. Attorney Miskel explained they reserve the right to relocate the 50 spaces as they construct phase 11. Chair Grant asked how long between Phase I and 11. Attorney Miskel explained the Code in Boynton was different than other downtown urban Codes. The City's parking rates do not allow the applicant to conduct a study to show how mixed uses generate fewer cars. The goal before Phase fl is to revisit it with staff. They believe there will be empty spaces on the upper residential level of the parking garage. Between Phase I and Phase 11, they would like to move gate on the ramp heading to the second level and move it up in parking garage so when they get to Phase 11 the 50 spaces are always available. Staff acknowledged an urban form that allows them to consider the options were something other cities were doing. They will find a way to have the parking available. Chair Grant asked about the timeline between the different phases and learned Phase I needed to be open and occupied for a while before they start with another residential tower. The hotel may come in sooner because there has been interest. Chair Grant commented he cannot give the land away. He commented he could not do anything about the DIFA without knowing about the hotel and when Phase 11 was coming because there is the possibility it will never occur. Attorney Miskel commented that was Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 the purpose of splitting the project into phases. The developer will include in Phase I public parking and an open space. The CRA parcel on the north side of the site is not large enough to develop a building and park, but staff envisionedit to be a public space. When Phase 11 comes in, the applicant will replace what they take away and give a public courtyard. The project hit the City's targets in several ways addressing public parking, open space and the Transit Oriented Development (TOD). Chris Brown, of Delray Beach, advised he moved to Delray 25 years ago and was the CRA Director between 1991 and 2000 and since then, his farm provides many services to many cities, as well as managing the CRA in West Palm Beach. Mr. Brown had observed that every successful urban city has a street that defines the downtown. Delray has Atlantic Avenue and Ft. Lauderdale has Las Olas. He commented it would be Federal Highway for Boynton Beach. He commented Boynton Beach Boulevard does not define the City and Ocean Avenue does not define it yet. He commented the have a street they are trying to renovate and make a downtown and there is no more important land use than housing. Retail is not needed in the beginning as housing is needed to attract residents to the shops and cafes and create a walkable City and this project represents those attributes. Mr. Brown thought if an applicant was asking for an incentive, they have to meet goals and objectives of CRA which were in the Redevelopment Plan, the Downtown Master Plan and the Federal Highway Corridor Plan. The project meets the goals as they create on -street parking on Federal Highway. He noted Federal Highway is owned by the Department of Transportation (DOT) and they do not want on -street parking, but he negotiated it on Atlantic Avenue from Swinton to 1-95, and they kept on -street parking and it helped retail. They decertified the DOTS road from Federal Highway to Swinton and it saved Delray as it is no longer owned by DOT. He commented they spent a lot of money in making this a walkable project. It is surrounded on all four sides by wide sidewalks, streetlights, and underground electric, which was another objective. There are outdoor plazas, cafes, dining areas and restaurants. He learned that restaurants would be the retail that would make the downtown in Delray. He recruited 20 restaurants, some of which are still there such as DADA, 32 E and City Oyster. When someone comes in to ask about Boynton Beach and Federal Highway, he recommended they consider outdoor dining as he would not want any restaurant on Atlantic Avenue to not have outdoor dining. Those that did not have outdoor dining do not do very well. Structured parking in an urban environment was another fulfillment of the Master Plan. He commented this should be included in every project included in an urban environment, with the exception of a small townhome project. Mr. Brown explained the economic impacts were included in the meeting materials. When both projects are finished, there are 308 permanent jobs which come from the management of the apartments, condos, hotel and the retail. The first phase of retail is over 8,504 square feet. He noted 32 E has 74 employees and restaurants have enormous employment. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 �.., He thought combined with consumers and retail expenditures. The project would add about $40 million into the local economy. Vice Chair McCray asked if they would hire local contractors and workers, noting their slide indicated there would be 815 construction jobs and learned they did this for Pompano Beach. The Pompano Beach CRA has a program where they get local contractors to hire local workers. They sign contracts with them. There was a Marriott Hotel built and they placed 64 workers in jobs. They essentially run an employment so the contractors, subcontractors, property managers, retailers and all else on the property to be local. They have an employee they would send from Pompano to run the program in Boynton Beach. Phase I has 231 residential units and over 8,500 feet of retail. Phase II has more residential units and a hotel and about 5,000 square feet of retail. He noted the extra things involved in the project total $6.5 million, and commented they would like some of the money back which was TIF funds they would request. He commented there would be 50 public parking spaces in the garage and on the surface at a cost of $1.1 million. They would spend about $700 thousand on the perimeter of the site and making it a walkable community. Mr. Brown thought if there was no walkabout community there would not be a successful downtown. He commented Delray Beach does not have a vacancy rate and has a waiting list on nearly every apartment building because people want to walk to where they are going. Millenniais who rent apartments are not about the car, it was about a different lifestyle. He noted Boca Raton developers are moving to Delray. He reviewed a slide depicting they will spend about $700,000 on the perimeter; $293,000 on water/sewer connection fees, $500,000 for FPL relocation; $28,000 for utility relocation; and an upgraded garage exterior facing f=ederal Highway and NE 6th Court costing $500 thousand, a linear retail shell at a cost of $240,000, Florida Green Building design for $500,000; County impact fees at $1,573,622 for the schools, transportation and parks and the City impact fees all of which totaled $6.5 million. The applicant was looking for $4.2 million and provided an 8 -year and a 10 -year model. They preferred to use an 8 -year model. He noted 500 Ocean has a 10 -year model. Mr. Brown explained they were not only providing public parking in the first Phase, but public parking in Phase 11. Mr. Brown explained the Phase II cost to the developer was $5.08 million. He reviewed the various costs as contained in the presentation such as public parking and a public plaza. He commented there is no better use in a downtown than a hotel, as guests want to go out and spend money. They want to build an extraordinary lobby, to attract pedestrians and make it an attraction. He explained they were requesting $3.6 million for the second phase in an 8- or 10 -year payout model. He pointed out funds were based on calculations of what the tax revenues will bring, but the CRA will payout based on what they actually do. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 Vice Chair McCray asked Mr. Simon about the 10 -year model and if they have the funds and learned the CRA did. The funds would come from the Tax Increment Financing (TIF) that is generated from the project itself and there are future TIF revenues they will share. The developer would receive 75 % of the TIF generated for the year and the CRA would get 25% in the future. Mr. Casello understood the developer needed the CRA parcel for the project and asked if Phase II was never developed, it would be turned back into a public park. Attorney Miskel explained if Phase I did not go forward timely, they can craft language which would require the developer to build public plaza enhancements on CRA land. The other possibility, if Phase It did not occur timely, was the developer create an open space in Phase 11 so when Phase 11 is constructed there will be a substantial public plaza and courtyard component. Either way the CRA is covered either on Phase I or II but when Phase I is constructed, it will be on Phase 11 until Phase 11 is constructed Mr. Casello like the design of the garage. Mr. Casello asked about the $125 million economic development benefit. Mr. Brown explained the have a certified Economic Development specialist on staff and they have computer programs that make the calculations. Ms. Romelus asked what the projected revenue on the project property would be and learned Ms. Harris, CRA Finance Director has determined the projected total was $3,951,280. This used the anticipated millage as goes forward through the years over the course of the TIF agreement. In year 10, the total goes to $6,268,623 at about $500,000 and $600,000 per year, would be created for the CRA if the Board obligated itself to a percentage payback over the 8 or 10 years according to the agreement the Board makes. Mr. Simon agreed to provide a copy of Ms. Harris' calculations to Vice Chair McCray. Chair Grant noted the TIF Casa Costa required retail and asked if they would fill the retail. Mr. Brown explained if you build retail, which must be included in mixed use, it takes about one year longer to fill retail than residential. It takes time to make tenant improvements after they receive the Certificate of Occupancy on the building by about a year. Chair Grant noted the Promenade offered retail below market value to get it filled and asked if they would do so. Mr. Simon pointed out this is a condition for receiving TIF. Mr. Brown and Attorney Miskel thought it was unfair. They are willing to offer retail. Mr. Simon explained if retail is not filled at the time of the TIF request to begin receiving TIF. Attorney Miskel asked what constituted filling retail as they had 8,575 square feet and multiple bays. The gym will be open immediately. Chair Grant noted they had four spaces, not including the gym and he would consider it filled if two out of the four spaces were filled. Attorney Misekl agreed to work with staff to see if there was something acceptable to come up. Mr. Brown noted one disadvantage was the Planning Department's request 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 for shallow retail. Chair Grant commented the space of retail does not make sense. Mr. Brown commented they could lease it to the CRA for community exhibits until the project was fully operational. Attorney Duhy received clarification about the table on the slides which indicates the CRA TIF/DIFA and rebate was the amount they would receive and the correlating column of rebate is the percentage and learned it was the percentage the CRA would receive that tax year and the amount the developer would receive. Chair Grant asked if that was an estimate or what the property appraiser would do. Mr. Brown commented it was a conservative estimate. Chair Grant asked about public parking, noting Marina Village has paid public parking at certain times. He asked if there would be paid parking during events. Attorney Miskel explained it was up to the CRA or City, if they wanted a meter roll out. Mayor Grant asked when year one would begin and if it was when the Certificate of Occupancy was received or when the site plan is approved for year one. Mr. Brown explained year one was when they CRA receives a check from the County from the project. There is always a lag. If a Certificate of Occupancy is given in 2018, it is appraised in 2018 and on the tax bill in 2019 and the CRA receives a check in 2020. Mr. Simon explained evidence of that would be required before disbursing payment for that year. Mr. Katz commented Phase I and 11 is an issue and he did not know if there was a way to get more assurances regarding Phase II and a hotel. With regard to TIF, they need some assurances it will be pursued to ensure it is not a two or four year delay between the completion of the first phase is completed to the start of Phase II. Attorney Miskel explained there was interest from two hotel developers and there were no other discussions with a residential developer for the condo. She noted here Delray has the Hyatt downtown, Boca Raton had a soft opening of another Hyatt in their downtown, so other cities are getting hotel site plans approved as did Lake Worth about three or four months ago. The market seems to be stronger today, contingent on availability of money and funding. Attorney Miskel's client is very interested in getting a hotel developer because they believe it is the right use for the site. ft works well with Phase i and Ii. There has been an effort on her client's teams who have real estate experts and brokers who are confident. It was why they separated the incentive package into two packages. They think it is the right use. Chair Grant opened public comments. Linda Cross, 625 Casa Lomb Loma Boulevard, Marina Village, thought there was a discrepancy with the 50 public parking spaces for each Phase 11 totaling 100 spaces. Mr. Brown confirmed it was. She thought when looking at 231 units in Phase I and Phase 11 had about 118 units, the total was 349 units. She commented Marina Village has 349 units and they have over 700 spaces in the garage, 120 of which are devoted to the CRA and they are bursting at the seams. The concept millennials do not drive is untrue and they have more than one car. They have all the on -street parking available, but the Marina Village tenants have two cars, but only permitted one space. She 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 implored them do something about the parking. She noted Phase 1 had 413 parking spaces and she did not know how much parking was included in Phase 11, but adding 100 parking spaces to Phase I was 513, still 300 less than Marina Village has now. She thought there not enough parking and there is a significant parking problem. She also commented the TIF funds were money the CRA would have in the future to spend on other projects. She noted the Board could be giving away other projects for this project. She thought the amounts the developer wants for DIFA was to pay for items every developer has to install. She did not see the developer giving the CRA any more value for the amount of DIFA they are requesting. Harry Woodworth, 685 NE 15th Place, agreed with Ms. Cross about parking. He explained there is not enough parking and it will be a mess. He commented the TIF funds come from Sara Sims and other places and if the CRA provides $500,000 for the next 10 years, it was funds not spent somewhere else. The City has a terrible track record regarding TIF, citing Casa Costa, and all they were told that would happen did not happen. He commented the space will never be rented as 10 years went by and it still has not worked. He emphasized it does not work. The parking did not work at Casa Costa, Las Ventanas or Marina Village, nor did the retail and he questioned why the Board was repeating itself. He asserted the best real estate agents cannot rent un - rentable properties. He thought they should scale the TIF and add deliverables. He thought TIF should be proportionately paid based on the number of retail spaces rented. He explained if performance dollars and time defined in a project, the project does not get done. He inquired if Phase 11 included performance measurements, timeline or costs associated, because if not, the project will not get done. What is rewarded gets done. He urged the Board to determine what it wants because if they do not, the project will not happen. Buck Buchanan, 807 Ocean inlet Drive, discussed a comment made by Mr. Brown which was cities are defined by streets, such as Atlantic Avenue, Delray Beach, Clematis Street, West Palm Beach, and Las Olas in Ft. Lauderdale. He commented Boynton Beach will be defined by Federal Highway, which was not a street. It is a highway that is big, difficult. to cross and one reason why the Woman's Club does not get more action because there is parking across the street. He did not think Federal Highway would be the defining street as it is a defining gateway from the north and south, which should be beautiful because of that. He thought Boynton Beach Boulevard could be more of a defining street unless they made Federal Highway two lanes. He wanted the Board to take the TIF funds and invest it in parts of the City that will work better together. Lisa Browne Banic, 720 E. Ocean Avenue, Coastal Towers, commented she was a newly appointment member of the Recreation and Parks Advisory Board. She is a single mother and wanted to share her opinion on the project and other similar projects. She speaks on behalf of parents of young children. She hoped as the Board makes decisions they consider there are many families with young families who live in a one to two-mile radius of the project, who lives there because they want to be close to nature 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida _ January 10, 2017 or traffic. They do not want more traffic or storefronts or street destinations. They are in Boynton Beach not Delray or Ft. Lauderdale. They like the small neighborhood environment where children can enjoy the beach and park neighborhoods. She requested they consider who lives in the City and why they moved to the City. Residents want what they already have. It needs to be safe. She did not want the Board to look at the opportunity for the wrong reasons because many citizens who want to be here and may not want to if the focus is on this type of development. Linda Cross, 65 Casa Loma, Unit 601, commented there was still a discrepancy with the parking spaces. Attorney Miskel commented the Phase I required parking is 413 spaces per Code which they meet. In Phase I they are adding an additional 50 parking spaces above the required amount. When they develop Phase 11, they have not developed the parking ratio because they do not have the exact square footage or number of units, but whatever it is, the additional parking required by the Code for that Phase could be another 360 parking spaces. When developing Phase 11, they will do what is required for Phase li and add another 50 spaces. It is speculative at this point. They will meet the requirement and add additional parking. As to the 100 total public parking spaces, there is an additional benefit for the City. Some smaller retailers will have the opportunity to have customers use the parking. It enables patrons from surrounding establishments to take advantage of the parking. Ms. Romelus asked about the proposed site plan for Phase 11, noting the required parking was 413 and with 50 additional, would total 439. Attorney Miskel explained it was a Scrivenor's error as there were several changes to the site plan. There will be 413 total parking spaces and there were a number of changes, i.e. retail space on Federal Highway so they are making adjustments, but they will have 463 for Phase 1. No one else coming forward, Public Comments was closed. Mr. Casello agreed with Mr. Woodworth they can install shells which are almost impossible to rent. He noted Ms. Cross' statement about Marina Village, if they could park on the upper floor, it would alleviate parking issues. Ms. Cross had commented that was TIF money and money they do not have for other projects. Mr. Casello pointed the only way money will be generated is by the project coming to fruition. He noted the Board was trying to improve a blighted area. If they do not permit the project, it was $500,000 or $600,000 of funds they do not have to complete some of the projects. Chair Grant looked at the Property Appraisers website, and indicated 10 years ago it was grossing over $130 million, but the project could be left vacant indefinitely. He agreed some of the improvements were normal developer costs including City impact fees and building permits, but Chair Grant commented, if they needed more money for more parking, the Board could probably all agree because they had 80,000 people attend Pirate Fest, and this is future tax money for the CRA. He thought the Board wanted the hotel there, they should get something in writing and what the CRA can help for that aspect. He was aware the project was in a Traffic Concurrency Exception Area 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 (TCEA) and Level I and 11 studies for traffic were needed. The two issues were more parking and ensure a hotel is on the property without leaving it open to the market forces. Vice Chair McCray wanted local contractors or people working on the project. Attorney Miskel explained they could work that into the project and most projects included it. Chair Grant explained workforce housing was one reason to get TIF. Attorney Miskel advised they will look into it as she was unsure how off the mark they are from that number. Mr. Katz asked about the cost for an additional parking level and learned it was about $400,000 with 55 spots. He thought it would be better to get an additional 50 it would be beneficial for the CRA to get the maximum amount of parking. Delray built a parking garage, which is sometimes full as is the courthouse parking. He wanted to keep Boynton Beach a family -friendly town, but noted the area was the Central Business District. Mr. Simon explained this is not an approving body of a site plan. Staff wanted general consensus that the project meets the intent of the CRA plan and the intent of the project they specified in their letter of intent to purchase or use the property the CRA owns. The requirement of the site plan is they hear it at a City Commission meeting and a Development Board meeting. it is not in the purview of this Board authority, only that it meets the intent of the request for the property or their desire to dispose of the property for it. The item for TIF was looking for direction of the Board if the TIF request presented is something the Board is in favor of, or not in favor of to be included in an agreement between the parties. The Board was directing staff and legal to leave the meeting either preparing a TIF document or come before the Board to approve or reject the request. Attorney Tuhy explained the motion is for staff to move forward negotiating and bringing back a purchase and development agreement to the Board and Mr. Simon needs a general consensus that the proposal, not the site plan specific for the property, is something the Board wants negotiated in the purchase agreement. The second motion was to negotiate a DIFA agreement for the TIF requested by the developer based on direction from the Board. Motion Vice Chair McCray moved to negotiate a purchase and sale agreement. Mr. Casello seconded the motion. The garage would be seven stories. Mr. Katz commented he would like to see the hotel be pursued post haste, but in the interest of alleviating parking concerns he would support the motions if the developer could include two additional floors of public parking. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January10, 2017 Attorney Miskel requested clarification if it was one floor per each phase and learned the request was for the initial phase. The building is eight stories, if adding two floors than parking would exceed the height of the main building. Mr. Katz then requested one additional floor per phase at a cost to the developer for TIF. Attorney Miskel explained they were going to consider other alternatives such as mechanical lifts that are being used in other cities. Mr. Katz commented parking was a serious concern and it would deter people from coming to downtown events with regard to taxpayer funds being used for the project. Attorney Miskel thought they may be able to accomplish things, but not necessarily with a floor, such as valet parking and stack cars on the upper deck and double the number of cars stored on the upper level through the valet or commercial purposes. There are other opportunities to free up parking without the expense. They designed their request based on the project costs and the extra parking is about an extra million. She thought they could be creative with staff and include other avenues to include more public parking spaces on the ground levels because the public does not want to go up seven levels to park. They may be able to phrase it as parking spaces as opposed to a parking level to give them an opportunity to create more spaces in a way they can be used and create more public parking on the first level. Ms. Romelus noted each floor on average has about 55 parking spaces, asked how they can add more. Attorney Miskel explained they were standard 10' by 20' parking spaces with a drive aisle. Attorney Miskel was discussing creating a valet program for the commercial and stack cars. She noted a project in Delray Beach and advised they were instituting that parking on the upper level and a half of the parking structure and they added another 100 spaces and valet parking is popular for commercial businesses. Attorney Duhy explained if the Board wants the agreement to have additional parking, it will come back to the Board for approval. The Board can authorize staff to move forward with direction for the developer to propose additional parking solutions beyond what they presented today. Chair Grant commented the motion should be to enter negotiations for TIF and staff to consider the Board comments regarding parking, workforce housing, filling of retail, the Community Benefits Agreements, and the hotel. Motion Vice Chair McCray moved to approve, including the six items. Mr. Katz seconded the motion. Mr. Simon queried if the Board was tying the agreement to two phases or if the Board was considering them individually. The agreement would potentially cover both phases of the project under the same agreement. Chair Grant commented the Board can limit it 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 to the hotel and not necessarily residential. Mr. Simon explained the proposal essentially changes dramatically, if it is just the TIF on the hotel. The payout is tied to the hotel, The motion unanimously passed. XIV. New Business: A. Discussion and Direction for the Potential Acquisition of 416 E. MLK, Jr. Blvd Tabled 1119116 for 90 days Motion Vice Chair McCray moved to remove from the table Ms. Romelus seconded the motion that unanimously passed. Motion Vice Chair McCray moved to direct staff to no longer have a discussion on the above. Mr. Katz seconded the motion that unanimously passed. B. Discussion and Direction for Purchasing the Property Located at 1110 N. Federal Highway Mr. Simon identified the property and advised it is a 1,700 square foot building on .14 acres of land. It is two buildings north of the intersection at Federal Highway and MLK Jr. Boulevard on the east side of Federal Highway as contained in the meeting materials. The owner has agreed to sell the property at the appraised value of $170,000. The CRA has been looking at this property for some time and it is currently not rentable. There is very limited parking at the site, the building needs to be painted and there is clean-up and landscaping needs. Staff can bring back options to keep the building standing or with new code enforcement directives and social media, maybe the CRA can activate the space as a meeting space with businesses or the public as an option. Chair Grant thought the size of the building would be appropriate for the Community Caring Center or even for the CRA to move into. He requested a motion to move forward to purchase the property. Motion Mr. Katz moved to approve. Ms. Romelus seconded the motion. The motion passed 4- 1, (Mr. Caseilo dissenting.) Ms. Romelus explained Mr. Simon was working with Attorney Duhy on processes so the CRA was not forthcoming about properties they are intending to acquire in order to the keep the price down. Mr. Simon asked if the motion included a request to bring the 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 document back for final approval, before signature or if it met the approval of CRA legal, they would execute it without bringing it back. Staff can negotiate the terms with the representative for the owner and bring it back for final approval at the February meeting. Chair Grant commented the motion to approve was for $170,000 as is. C. Consideration of the Purchase and Sales Agreement with Violet Real Estate, Inc. for the property located at NE 3`" Street Mr. Simon identified the property and advised the property is at the end of MLK Jr. Boulevard and Railroad Avenue, adjacent to two properties the City owns. It is zoned general commercial. Staff has a seller executed portion of a contract for the property at $30,000 which he recommended approval. It is appraised for over $55,000. Vice Chair McCray noted the CRA was assembling land. Motion Vice Chair McCray moved to approve. Ms. Romelus seconded the motion that unanimously passed. D. Audited Financial Statements FY 2015-2016, Fiscal Year Ended September 30, 2016 Mr. Simon advised Ms. Harris was out sick, but she was proud to present the financial statements for the year ending September 30, 2016. The CRA continues to be financially sound and fiscally responsible. The oversight of management of public dollars is governed differently than private funds. He noted best practices regarding stewardship of public dollars encompass the safety and liquidity of funds. If government agencies follow best practices, it ensures money is available for projects. Richie Tandoc a principal from the firm was present Richie Tandoc, Sansone Klein Jacomino Tandoc and Gamarra, partner in charge of the CRA audit for the fiscal year ending September 30, 2016, thanked Mr. Simon, Susan Harris and staff for another efficient audit and their continued cooperation. (Mr. Caseifo left the dais 8:57 p.m.) Mr. Tandoc explained the documents are well organized. He reviewed the required communications and issued a clean opinion. Their internal controls had no material weaknesses or non-compliance issues. Both reports are dated December 4, 2016. There were no adjustments made during the year. There was no fraud or illegal acts by employees found that would cause a material misstatement of the financial statements The firm is independent of the agency and its related entities including the City of Boynton Beach. There were no situations that would impede their independence and they have not performed any non -audited services for the Agency during fiscal year ending September 30, 2016. There were no suggestions for improvements. 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 Mr. Simon noted this is the eighth consecutive year of a clean audit and staff did a great job. Motion Vice Chair McCray moved to approve. Ms. Romelus seconded the motion that unanimously passed (Mr. Casello not present for the vote.) Ms. Romelus praised staff. (Mr. Casello retumed to the dais at 9:01 p.m.) E. Review and Discussion of ILA for the Funding of the Neighborhood Sustainability — Community Standards Outreach Coordinator Mr. Simon explained the item contains the draft Interlocal Agreement (ILA) to go to the City and the budget and backup for 2016/2017 fiscal year regarding the employment of a Community Outreach Coordinator under revision. In partnership with the City, the CRA will pay for the position and the person will be hired by the City to focus entirely on the CRA District area and initiate items the CRA wants to promote, such as business and commercial areas, items with special attention with that corridor and outreach to residential property owners. It is a kinder, gentler, more informative effort than prior Code Enforcement methodologies. Staff needs approval of the item before it can go to the City. The City is currently short listing candidates and interviews will be completed by the next day. Motion Ms. Romelus moved to approve. She thought the position will assist businesses to flourish. Vice Chair McCray inquired about the salary of $134K and learned it included the salary and benefits, health insurance, pension, FICA, a laptop, cellphone, a tablet and a leased vehicle. The City will bill the CRA quarterly and Finance will provide the backup regarding the position costs. The CRA will only pay up to $134,000 and a breakdown of the costs was reviewed for the benefit of the audience. Ms. Romelus asked about the $25,000 allotment and learned it would change because the Officer will use a leased vehicle which could be about $110 or $115 a month. It is a one-year agreement that can be extended. Additionally the position would be less because the fiscal year had already started and the employee will not have worked a full year Ms. Romelus inquired if the employee would receive a 2% overall raise, and learned they would and it would come from the CRA budget because CRA is paying for the position Vice Chair McCray asked if the employee would wear a City uniform and learned he would. This employee will also meet with Chief Joseph and Mr. Simon on a weekly 23 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 basis. It is a partnership and they will work with the grant program managers to disseminate information about infractions or making property improvements to avoid violations. This was the first time the CRA hired a community standards officer. Mr. Casello asked why the CRA was paying for the position and learned the City was a million into reserves. Mr. Simon explained the thought was it is over and above the existing Code Enforcement or Police Officer level of service. The CRA was paying for an additional dedicated position to educate citizens along commercial or residential corridors about Codes. Instead of just issuing a violation and the recipient not understanding the effect it has on redevelopment and opportunities for individuals to invest, the Officer would explain the CRA programs and consequences of non- compliance. He would work through the Office and promote other types of grants in addition to regular code compliance. Vice Chair McCray commented it was very important the program is done correctly as the Police forgot to turn things in on a timely manner regarding the Neighborhood Officer Program. Mr. Howard agreed, but commented everything regarding the program would be handled on the City side. There will be quantifiable results. Ms. Romelus asked about uniforms and thought the employee should not look like every other code officer and his/her uniform should be more appealing. Chair Grant commented he saw the new shirt today. They have a similar gray shirt to the Fire Marshall. Mr. Simon also thought they could have a two-sided card. Mr. Howard once explained once the uniform is finalized, Mr. Simon can return to the Board. Mr. Casello explained he favored the program, but was never told the position would be totally funded by the CRA and he did not recall Ms. LaVerriere telling him this. The changing of the name was City-wide. They will all be called Outreach Coordinators under Code Enforcement Department. Vice Chair McCray recalled during the CRA budget, they budgeted for a dedicated Community Standard Officer. They all voted on it. Lori LaVerriere explained how the position evolved. Outreach is a new position. The City re -slotted eight or nine officers and created a career path. The organization chart was included in the meeting backup. Vice Chair McCray asked, although the position was a CRA officer, who had authority to fire him and learned only Ms. LaVerriere has the authority to hire and fire. Bryan Fitzpatrick, 409 NE 1St Street, asked if he would be dealing with the Outreach Coordinator and a Community Standards Officer. Mr. Fitzpatrick thought it would be interesting, going forward, how the City uses its CDBGH funds as some cities are more flexible with those funds regarding housing. Boynton Beach is very rigid about those funds. Ms. LaVerriere explained one goal is to develop funding assistance programs and the City used to have them where they can assist. The City will find out the reason they are struggling and what they can do to help and connect to resources or self -fund to develop some sort of assistance programs. Mr. Simon commented they can partner on 24 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 items to identify programs. One coordinator for the whole district is not productive so it is a combination of activity by both. Irwin Cineus, 315 SW 15th Lane, asked about the coordinator's job description and learned it was similar to a regular outreach coordinator with a CRA focus. The Coordinator will have knowledge of CRA grants and programs and will be aware of the CRA's goals and projects. He will have a broader vision for the community other than what rules and codes are being violated. They will meet with Mr. Simon and encourage community policing through environment design. He/she will implement the codes of the City and he/she is still responsible to enforce the rules and regulations. Vice Chair McCray added he is responsible for the 1108 and CRA. He is not a sworn officer and they will identify homeowners or renters, addressing abandoned homes and absentee landlords. Vice Chair McCray explained they changed the name to specialist and re-established the Code to make them more community friendly. They want to educate and offer assistance. It is educating the public. Motion Ms. Romelus moved to approve. Vice Chair McCray seconded the motion that unanimously passed. F. Consideration of the Design Scope of Services Work Order with Kimley-Horn & Associates, Inc. for the Boynton Beach Boulevard Streetscape Improvement Project, Construction Design Plans Chair Grant asked if staff issued an RFP. Mr. Simon responded Request for Qualifications (RFQ) was not issued. Under the CCAA regulations, the investigation of costs cannot be done in a bidding process like a contractor would or other material goods. Under State regulations, staff issued an RFQ in 2007, 2008 and 2009 and Kimley Horn was a service provider approved by the Board that is under continuing contract with the Board. Mr. Simon reviewed the item was for improvements contained in the approved plan for the Boynton Beach Boulevard streetscape and road enhancement project. The CRA approved $600,410 which is a slight narrowing of the roadway and additional sidewalk square footage in preparation for development on Boynton Beach Boulevard in the future and if they are eligible and able to obtain grant funding to move forward with the grant project on their own. The drawings will be ready for the project. It involves coordination with FDOT and FPL and the county (Ms. Romelus left the dais of 9:29 p.m.) Marwan Mufley, Project Manager, Kimley Horn, made a presentation and explained Boynton Beach Boulevard was an important street for the City. The first few slides were taken from the CRA Master Plan. The CRA created a district from 1-95 to US 1 along Boynton Beach. Boulevard to revitalize the street. It is in the heart of the business 25 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 district as envisioned. A slide was shown of what they would like Boynton Beach Boulevard to look like, paying attention to pedestrians and cyclists. Two diagrams from the Master Plan were viewed in two sections, from 1-95 to Seacrest and Seacrest to US 1, which adds on -street parking to that section. A view of the existing roadway was viewed and he noted there are four through -traffic lanes, 11 feet wide, and an 11 foot two-way left turn lane in the median area. There are skinny small trees, and large FPL power poles and lines that detract from the landscape of the streets. (Ms. Romelus retumed to the dais at 9:32 p.m.) The road is proposed to have the same number of through lanes but it narrows the lanes to help calm traffic. It designates bike lanes with pavement markings and widens the sidewalks to 10 feet. The sidewalks are nine feet in the existing right of way and the additional one foot was for a sidewalk easement from the adjacent property owners. The intent is to have a wider 10 foot sidewalk and install underground power lines to have a pedestrian zone along the sidewalk curb and have a street furniture zone along the curb. This would de-emphasize vehicular traffic and emphasize the pedestrian and bike traffic, providing shade trees and making the environment different. The improvements can be done in two phases from Seacrest Boulevard to U.S. 1 which was more prime development or add the segment from 1-95 to Seacrest Boulevard. The proposal gave both options. The biggest challenge is dealing with FPL as it takes time to install the power -lines underground and working with DOT as Boynton Beach Boulevard is a State Road and the CRA has to go through the permitting process. The process takes some time and they have to have data collection and develop concept plans which are 30% complete and then they move into the design development stage which are 60% plans and the permit stage requires 90% complete plans and then the final stage. The intent is to have the design ready so any future development or on - street parking added can be incorporated. This plan takes advantage of the available opportunity and lays the first cornerstone towards improving the Boynton Beach Boulevard Corridor. There will he two lanes in each direction. Mr. Casello asked if the Board was getting ahead of itself. he recalled voting for $300,000 for a study for the same thing which was never done and the Board used the $300,000 for other purposes. He noted $600,000 was needed for a design and asked if the design would be obsolete in 10 or 15 years. Mr. Mufley explained this was not a study, rather it was construction plans that will be bid on. They will not be obsolete and the plans will be ready if funding or grants come along. if developers come along they can take advantage of the fact the CRA already shortens the time it takes to have an approved DOT design. If all stayed the same with the right-of-way and roadway widths, the plans would still apply. Codes that change regarding roadways are minimal, and it can always be updated. Mr. Mufley commented the proposed design would not be impacted and can always be updated. The DOT, when they tried to create work stimulus work, realized they did not have plans ready to issue when money came along and many cities lost out on grants because the grants awarded went to projects that K-1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida .January 10, 2017 were ready and could put people to work. Mr. Casello thought it was a great concept and hoped it would be implemented soon. Mr. Simon explained there are some large-scale projects having chunks and blocks at a time developed in front of this area spilling onto Boynton Beach Boulevard which could come to fruition in the next 18 months to two years. It would also have to be coordinated with FPL on other improvements. Construction drawings would put all on the same page because construction drawings detail how it would be constructed and it obtains the approvals for what 500 Ocean or Ocean One would need to secure the project. They could obtain a cost per block depending on the phase and there could be grants available from the CRA or other agency. These half block projects, without an overall themed plan for the roadway are not as supportable. Vice Chair McCray thought it was a waste of time and money at this point, as they did so in Ft. Lauderdale and it was a mess. Chair Grant agreed, but would want to table the item until the RFQs came back to see what would develop. He noted some countries include bike lanes on sidewalks which he felt was much safer. Mr. Mufley commented there are areas for cycle tracks, with the right-of-way. There is not enough width on the sidewalk for the cycle tracks and pedestrian zone as the corridor is narrow with the shade trees and the street furniture zone. Chair Grant was not ready to approve. Susan Oyer, 140 SW 27th Way, had several ideas and commented Brightline is supposed to pay for the median in that general area as they are redoing the railroad tracks and they are waiting for money from Brightline and asked if the money could be used to make the improvements from the railroad tracks to US 1. She had also commented she suggested wildflowers be used in the median and the Wildflower Society was willing to plant everything and maintain the flowers. She questioned why not take advantage of free plants and free maintenance. It is beautiful using very little water, leaving only the upkeep and payments when people run their car through it. She wanted the Board to consider using the biggest shade trees possible and look at the median strips. She noted Yamato has all native plantings and thought the City should make streets coming off 1-95 such as Boynton Beach Boulevard, Woolbright and Gateway distinctive and Boynton Beach Boulevard plantings separate from Woolright and Gateway. She lilted seating as long as no one could sleep on the seating. Iceland has great water fountains and she thought they should be incorporated into the sidewalks, perhaps every other block. She thought if people were walking dogs or strolling with children, there is a little pipe at the top where water gurgles out, which would be cool and it would attract active participation and be more pedestrian friendly. She asked at what point would businesses have input on the design plans and would there be public art on the street. Mr. Katz understood the concern with the initial outlay regarding the plans for the road, but thought it was very important to enhance the road that leads to the downtown. In 27 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 Delray Beach, the roads east of 95 and before Atlantic Avenue have been enhanced in anticipation of future development and extending their style west towards 95. He thought with the Town Square development and potential for Ocean One, next to the Marina, they should not build it and have an undesirable entryway. He thought it would be better to plan to enhance the street from 95 down to the future development or it does a disservice to what they were planning on developing. He did not think there was majority support, but if not moving in this direction, it should be a priority and have something to enhance Boynton Beach Boulevard in preparation of the development. Mr. Mufley commented on the cycle track on the sidewalk noting Kimley Horn prepared the Broward County MPO complete streets and was assisting the Palm Beach County MPO to develop that. The firm has a local expert who is familiar with Europe, but what is shown had been based on prior discussion. He noted what they developed is not tied to that idea, but part of the concept development to review such concepts. They could look at the cycle tracks and if it was not doable at this to point, it could be if the sidewalk is widened. Chair Grant noted the two proposals are 95 to Seacrest or Seacrest to US 1. Chair Grant favored 95 to Seacrest as there were establishments. Vice Chair McCray thought with the traffic on Boynton Beach Boulevard, it will not be viable from 95 to Seacrest. Chair Grant favored an engineering study to improve circulation. Vice Chair McCray thought a study was a waste of time. Ms. Romelus thought they should address 1-95 to Seacrest because it is the namesake street that leads to the City, but the road, in its current state is atrocious. There are no lights and people are crossing in the median. She thought it was an embarrassment with the many different development projects. The City's namesake street should be attractive and viable to attract individuals to the City Motion Ms. Romelus moved to go forward with the plan and address the 1-95 to Seacrest strip or at least have a plan and have it implemented in the City. Chair Grant asked Mr. Mufley if he could come back with a price and plan. Mr. Katz seconded the motion that passed 4-1, (Vice Chair McCray dissenting.) Mr. Simon will come back with a quote. Vice Chair McCray suggested contacting the stakeholders who own property there. He represents that area and thought the Board made a mistake. Mr. Simon explained the meeting backup was from the 2016 CRA Redevelopment Plan that was recently approved in August and the drawings were from the approved plan. It 28 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 was not something Mr. Mufley developed himself or that they met to present it to the Board. It is the pian presented to developers and the community when meeting with them to show the commitment the Board has to improve the Boulevard. The Codes and Land Development Regulations were used in formulating the plan presented. Ms. Romelus thought if Vice Chair McCray was dissatisfied, he could make a suggestion what he would like to see. Vice Chair McCray explained he disagreed with the Plan. He works in Ft. Lauderdale and has seen what occurred on 6th Street and it does not work. It was a heck of a way to get from one place to another. There are more people being added that will drive. He has to drive to work. XV. CRA Advisory Board A. Reports: 1. None B. Pending Items: 1. Research for a Potential CRA Grant for Job Creation 2. Review the 29 Recommendations made in February 3, 2016 Miami -Dade County Grand Jury Report Concerning Affordable Housing and Mismanagement of CRAB 3. Discussion and Creation of Draft Community Benefits Agreement C. New Assignments: 1. Research and recommendations regarding DIFA agreements and the current policy regarding DIFA agreements XVI. Future Agenda Items: A. Direction Regarding the Disposal of CRA Owned Properties Located at E. MLK, Jr. Blvd. and NE 9th Avenue to St. Paul AME Church of Boynton Beach (appraisals ordered 11123116) B. District Clean Program C. Discussion of CRA doing projects in house Re: Cottage District Site (Advice from Legal) D. Interim Director Position (tabled until June 2017 - 6 mos. from Dec. 13th meeting) XVII. Adjournment Motion 29 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 Mr. Casello moved to adjourn. Ms. Romelus seconded the motion that unanimously passed. The meeting was adjourned at 9:59 p.m. �E _d t"'t Catherine Cherry Minutes Specialist kill 2017 CRA COMMENT LOG Date Method of Comment Comment Responsel Follow Up NONE B w NOW WNBEACH CRA BOARD MEETING OF: February 14, 2017 I Consent Agenda I I Ofd Business I + New Business I I Legal J X I Information Only AGENDA ITEM: X.B. SUBJECT: Marketing & Business Development Campaign SUMMARY: Boynton Forum- As part of the ongoing marketing efforts to showcase Boynton Beach as a destination, the CRA staff allocated funds in the budget for a monthly double page spread in the Boynton Forum. Every month the double page spread has a different theme to support the overall mission to promote downtown Boynton Beach. The month of January's ad highlighted the International Kinetic Exhibit & Symposium showcasing the artists and artwork that was featured at the event February 4 & 5. (Exhibit A) Neighborhood News- Working with Neighborhood News to reach out to the western Boynton communities, this marketing strategy will continue to promote downtown Boynton Beach. The January ad featured Boynton Beach Celebrates MLK with an editorial on the MLK events. (Exhibit B) Billboard -The billboard location is Gateway & 1-95, this billboard showcased the Boynton Beach Celebrates MLK event. (Exhibit C) Delray Beach Newspaper- A full page ad for Boynton Beach Celebrates MLK was featured in the January issue of the Delray Newspaper. (Exhibit D) Posters & Postcards - Marketing material was created in January for Blarney Bash and was distributed to businesses and city buildings the second week in February. This marketing tool keeps the businesses informed of our local events and also allows the community to take the postcard home as a reminder of the upcoming events. (Exhibit E) Street Signs - Street signs were created and installed to promote the upcoming International Kinetic Art Exhibit & Symposium. (Exhibit F) r� BOYNTC)N ; =B'ACH Boynton Harbor Marina Marketing Campaign — An ad in the Marina Life Magazine featuring the Boynton Harbor Marina Boynton Beach an Ocean of Possibilities highlighting the Marina. (Exhibit G) Restaurant Guide Downtown Boynton Beach- A restaurant guide brochure was created to promote the restaurants in Downtown Boynton Beach. This guide will be handed out at the events, distributed throughout Boynton Beach, the hotel concierges, the HOA's in the area and inserted in the Boynton Forum and Sun Sentinel. (Exhibit H) Neighborhood Officer Policing Program Community Meeting- CRA staff designed a postcard for the February 8th Neighborhood Officer Policing Program Community Meeting held at the Carolyn Sims Center. The postcard was mailed out to property owners in Heart of Boynton inviting them to attend the meeting and posters were also created and distributed throughout the community. (Exhibit 1) Banners- Wayfinding banners assist the public in differentiating unique areas that mark a district and to add color to the City's streetscape. Cultural District banners were created and installed along Ocean Ave. between the railroad tracks and Seacrest Blvd. The banners include the name of the district that facilitates identification of the area. (Exhibit J) FISCAL IMPACT: FY 2016-2017 Budget, Line Item 02-58400-445 CRA PLANIPROJECTIPROGRAM: 2016 CRA Redevelopment Plan (pages 128 —131) CRAAB RECOMMENDATION: NIA CRA BOARD MOTION/OPTIONS: Unless otherwise offered by the CRA Board, a motion is not required at this time S { F'1f.; Ips, !ni ] 0 C=OORflNDCDAFXK RTS -EDUCAT1ON4_PKSVhTAT-VNS - VaTTRARMIS 22 0J W V �r 15 t I � ":t IrriT.rSntid iLr gra. -.f ;r174.5T.L81r iy, What are you doing for others?" .YAH i' • 7 pp I .ird M1ettsi�I r.i Aking �oaur.� IIIwI. lrr.7wor�� 4n r� i�Yr. X M1}L� Illvp �dlloiulne irti. airmlr �wLli 7pm'4.rn #drh• iMwt, � 7G4 NLu Rllr ir. JM 15 ` Ss5LJ �1•YILXI+IV Ilutir,,r nni � i 79p M Iedwlwl Hry. i11F117A* Y30 aq M FFtwrnr t ---6.V Cnn rpe * 1491 Af Saoei�r.r Il ltrl. AAIB 1!1 • p . •n Aodra.l I&H L=4NCLII: Gtem Awm tnyihj'bWfw * 1 Y4 t VrxrnrrML`. wr+w,Carlri113a7nin�t.[unL • mlkt bu ruwln t ._ ?^TM VI2,. .g aSl BOYNTON BlEACH CELEBRATES MLK JR. JANUARY MLK PARADE • 2 FSM CELEBRATION OF UNITY • 3 P • CATCHBOlfNTON.COM 201 K 4e What are you doing for WAM others?„ JAN • t Fin "Ve" #vn. R flft■ Ierd r'P rrc,rnd,. Irn74 7pm . 5.bn, Sim■ Mask-70gM1M 911k KI 1"35- 6r77 pn, C . it l.-i:7'"I - h. niin7J Surmomp, 10', r....... - 1 790 N F80arW llwj. JAl! 1p- jr0a" calk m- C4nr,NH,l r1 r�ri� * Iqp� M 1eq�ira{ I#k70 • pin :a.-rir Z fl, �A+r�l.{a-f911-1 71^-.r:; ++rww,CnR#,E4flrnrnu. n - relakgYaJr n,aik.rayl�, }}'�}}�11 StaLl+i �A.A4Y FRIDAY MAR� v, 2017 6PM-10PM T20 E oCU,NAV£ f 8 .V GD& JM (Arf BEER lAay AN WKNIA41S & O M,,Ni tC VE Lltf-of-J;L M611 FPMAY WC�17.207 6Ph - IOPA 123 E Nam Ave. �TAC'�iRA LIE Augle ()iGoi"woF { 1QD'8ACxMjFZ fT)OD.a, CC 1(rAffZ ow,BKER FAMLYFO B 4 & 5 CELEBRATE ART IN MOTION INTERNATIONAL KINETIC EXH181fand ARTS N OCEAN Of POSSIBILITIES Boynton eari'nar raM Fnd Dock & slips X17CIIBOYNTON,CoM 301-73.5-79.5,5 Tr YF,. rayr.ltll ,F17FNl�ra51 •■. iM1 Y�rF�r�7ye IIG ia[FI YY{� '�"t �eA rW Ip10.1FY� Yi4r.+'rtirPr JrLur�.,.� i•� r�trF ' 1�llt[ �#F..1Jr►ff YIFF,y; M7M Jt.w� �+' rL i�`arr �' r Yt� +t iFrLM+1,Fr3 Uil k tYFaM IMI If/tl Yn}T{F Ir14#N,rl1 �� +�u� w•. �L �+ LLa . •. 0_ I.: , k.. �iJf �,R �^ �ftl+y`LFw IMI-m-yF; rPw ,R I k r'wea..a, eaee�w,. w � �. ,ar, J■IIP ii ra n- YI I.Yrr eP tr. �Jrruw I rryr•M,IYI IW I ,'iJ•Itnu Yw 11r Tr• r _ RESTAURANT fd"-"�>+'Mddr I , w ° �-, "" GUIDE UP AP Yr I�r:rinxkr I+M1 :7SF;� DOWNTOWN IF#Fh Jra.,r Fr �:•�. Lx' �ILxru�l4{d YGi11iHIF IVFI 1t •atar ret I=Lww ww kWI RYFY,� �r"r AtLl lr,rl.LNUIUM:illw �wiw[• cul ��''T�1FIr]# mu- ..Fti�,4-•-tTW i... r 7rt +r �IrruLll J yM1r l{ill w h■r IIP {,{� BE 1C. I■rLL� BEACH �}y N Ir+,�.iP ff �[r Ir L�wwr FF 1,..�yPP a'r.,wa '4kYS CIF i,IIFarI iris. IL�eYyq ITalilr tiwry■f �'b'+'+«Purr+ IWFML7Mf rY�lMrrl„r N'r 1�.aI+.F.JFrN+ .+-Faxr a.r +•••I.i•.II �I{f#JM[ 1�11awrx.r ti.rNr �a.mrr. FrLi r .YIr ix rP ;a■a.rL I.. I,w ,Ir ■• Ilw la ih[1 �.,�r�fr�yFP kl/ri 77F FF,! r+,+.ra L... �Yii lJaYai l"'.. 4- ra IrA,A 4L=. raw'- 7LR PF— rI,,M w; tea. WCL:�i�rer�rlfr !w 4 mlw rJ�iw h i�iwit7ffFJir}� �"*'■++rxxrra .x 14111.wa xtra +KFYaI JJ i. Ia nY, Ian ur 11 �II'l.tl 1N.,rIr 'dCT Cfj VvYl4C01Y J�je�h ilpai�I{IFJ,TFyyay, Jswq L axt 11.•i•I�•M'+A.aa. I.n M FYa IFM a„ txl P. ria hl.w rrr ,IFis•r1,,�� .�Lr�w. ua .u..r.r •a �. �rw. 4NIL. I,�LI xl•7FLiL w*... �F.. rF Ir JLJIr ., JF *II IM1I �.♦IIFP�#1 .. elm IrPrq'w+x TS x.,7a'FY.urMlny iY4+lr 1JP 4&,,ill�l■.III buar,y rr.r ■rFraxw.aw». NoN F„5'l L Iir�l.eFl =111111 1. J�fFs rLrrxw IIhl„M,7lr J„4��rwt..y Ir ll+y#ay7,K M.rP sa,ix 4! l.Mr,� �Li •+'w'.n•wi... Jr ■{y Fr>., {tJa4}F!h .4i � Y IN �LTINY!FIIrIIrF�1My�II 4 •'�Pr IYr* �F �r rY JFA IMMM< grF�jjM ,.111W �P iM17F'I.71� rM1 iia.er♦ JrP JLWrrl 1....n �rt'�■r*�iliR.-J1F'IMI+�1 IF+Yw YP Fr{'�� WJ17F�11 OWN il'47 C„�FY �IIwt+T� Im u l; Ilil'<L• +f VWWerri�� ■rw reuP iJlre P� IiYIwji. #.Nw,klMfra iia �r,a.r xrZ�+�,VM fAr4,w�ier1#1#+iI�F� fa,•pr,[xF,lIY wa II�J'le~i17MF► r# Iu il.�uur, ■� ur. 4FarYmw #ts' F•''�.' YYi4 IVIYM11TM� !r„r jjj 14_P'.rmw IIF IFwP PF Ilri ualw rP r1Yr ri„•I /, iMr kn�IM1ti,r11F •—+'�+F+irr 1F9,1[YJIaL IxIJI�PF ILiJ xaiFraN[I YraL� rl.r.�lpy 11M fi�1�{kilMYnw I,RII T,VJISr '":LI ULf�J i r� � rP + ,I IFF'I .+wrraLh[,a.I I�w'PiY.riJN�,M Il.trcr_.,■ Ix,L F1LiY Al U. Ya rrr �M1'rFr � alrFar.iP i.t,r.. F. +....•• JY11 1f1'rF .':•IIInVI r,, T A=j Frr JV lJ J•�r 7l� �111.r1M 1 y■Y NFC �~�V♦•iw t �+r� :L CAI= III.'_ IilllkraYl, rLVl41 r iP r I I T7} 11wr ~ IR j! iM f ry,llpr Bili �a 7011 # II•Pa Y.r Jrir, � I+r NN MYr�� _ FIF j'1�1 Fr,.r +.r 4 rrr Ittrt Y.,. �. t. FI..JJa Iwr. Yw I,F ■P +a'L IN. FLY r4 i,F�P •1■ Exhibit I I COMMUNITY MEETING RrYii�ii TWE nEn F01k THE 69-.* n-1 irF Bo NTo"I WEDNESDAY FEB STH, 2017 6:0opm CAROLYN SIMS CENTER 225 NW 12TH AVE, BOYNTON BEACH, 33435 HOSTED BY YOUR NEIGHBORHOOD OFFICERS Sgt. Henry Diehl Oft. Terrance Paramore FOR MORE INFORMATION, CONTACT SERGEANT HENRY�jDIEHL AT 561-402-3197 MOCRA O �5 COMMUNITY MEETING roemao morrm" roa "m of ao+uTm WEDNESDAY FEB 8TH, 2017 Woopm a CAROLYN SIMS CENTER NS mr urn wa, OMMOX MUCK s» xeaTaDavYOufr NEIeXaDRM00D OFFICERS L �• lfenry Diehl Ofo- TerrenCO Paramore POfI af011a INFORNIA71p/,, COIiRAOT WlibARaOtANT XiNRy DIEML AY Ni•�OiA1e7 7wx.Mvr.aoyanoweL%ai•assne }i•ti'',� io -o Y N �� T 0 B E ■� A � " - -�� BOY SEACH RA CRA BOARD MEETING OF: February 14, 2017 1 Consent Agenda I X I Old Business I + New Business I I Legal j information Only AGENDA ITEM: XIII.A. SUBJECT: Status of the Ocean Breeze East Project SUMMARY: At the December 13, 2016 CRA Board meeting, the CRA staff presented the Board with an update on the NuRock Development Partners d/b/a Ocean Breeze Housing Partners, LP, redevelopment project known as Ocean Breeze East. During the January 10, 2017 CRA Board meeting, Robby Block, project representative from of NuRock Development Partners presented an update on their attempt to challenge the Florida Housing Finance Corporation's final ranking of the projects as submitted to them under the 4% SAIL program. Mr. Block explained that a formal ruling concerning their challenge had not yet been determined but he expected it before the CRA Board's February 14, 2017 meeting (see Attachment 1). In the time period since the January 10, 2017 meeting, Mr. Block has informed CRA staff that NuRock's challenge was not upheld and the Ocean Breeze East project will not be awarded 4% SAIL funding under the 2016 application round (see Attachment 11). Under the terms of the Purchase and Development Agreement, NuRock was provided a time period ending on February 28, 2017, to obtain a funding allocation and an invitation from the Florida Housing Finance Corporation to proceed to credit underwriting. As confirmed, NuRock did not receive this invitation to advance, therefore the Agreement provides NuRock the opportunity to withdraw from the purchase contract and have their entire deposit returned, or request a one (1) time, six (6) month closing extension for a non-refundable sum of Fifty Thousand Dollars and 00/100 ($50,000) allowing NuRock the opportunity to pursue other sources of financing in order to move forward with the project (see Attachment 111). FISCAL IMPACT: To be determined CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton (pages105-117) CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS/MOTION: 1) Move to approve NuRock's request for a one (1) time, six (6) month closing extension to pursue other forms of project financing. 2) Move not to approve the request for a one (1) time, six (6) month closing extension and release NuRock's deposit. Michael Simon, Interim Executive Director ATTACHMENT I c CRA BOARD MEETING OF: January 10, 2017 1 Consent Agenda I X I Old Business I I Neter Businow + Legal information Onty AGENDA ITEM; XIII.A. SUBJECT: Status of the Ocean Breeze East Project SUMMARY: At the December 13, 2016 CRA Board meeting, the CRA staff presented the Board with an update on the NuRock Development Partners d/b/a Ocean Breeze Housing Partners, LP, redevelopment project known as Ocean Breeze East (see attached). The CRA Board requested an update from a representative of NuRock Development Partners at their January meeting. CRA staff has reached oust to NuRock and requested their attendance at this meeting, see attached email. FISCAL IMPACT: NIA CRAAB RECOMMENDATION: NIA CRA BOARD OPTIONS/MOTION: Unless otherwise offered by the CRA Board, a motion is not required at this time Michael Simon, Interim Executive Director Simon, Michael From: Robby Block <rblock@nurock com> Sent: Thursday, January 5, 201710:14 AM To: Simon, Michael CG 'allanschnierOgmail.com' Subject: RE: CRA Board rntg - January 10, 2017 Good Morning Michael, Happy New Year to you as weiil We are trying to determine a route for Ocean Breeze which will be the upcoming revitalization RFA due in early February. We are analyzing the RFA and will need to look at the contract again to make sure it works and doesn't need changes. I thought the meeting was goFng to be next Tuesday. I have 2 conflicting meetings that afternoon already and have talked to Allan about giving the update as a representative for Nurock. Do you think that will bean issue with the CRA? I doubt FN will release the list of applicants for the 6 large counties by next Tuesday, but the only update on that project is that we are In the State agency process. There stlil hasn't been a ruling from the developer challenge on the local government contribution, but its anticipated that FHFC will prevail. Let me know your thoughts? Thanks Robby From: Simon, Michael [mailto:S[monM@bbfl.us] Sen#: Thursday, January 5, 2017 9:56 AM To: Robby Block Cc: 'allarischnier@gmall.com'; Lara Heck; 'tduhy@llw-law.com'; Utterback, Theresa; Harris, Susan Subject: CRA Hoard mtg - January 10, 2017 Hello Robby and happy new year. 1 wanted to reach out to you again regarding the CRA Board's request to have someone from NuRock Development attend their January 10, 2017 meeting to discuss the status of both project applications. Can you please confirm that someone will be there? I'm wishing the MLK1R South project good luck as it begins Its journey through the lottery process. Good luckll Thank you. Michael Simon, Interim Executive Director Baynton Beach Community Redevelopment Agency 710 N. Federal. Hwy. I Boynton Beach, Florida 33435 0: 561-600-9091 I f: 561-737-3258 SlrnonMttrbfl.us I www.catchboyntoo.com B TC N r B EACH CRA BOARD MEETING OF: December 13, 2016 Garment Agan I X I Olid Business j I NQw Ekninasa L&jpj I I lr kwmafifyn Only AGENDA ITEM: XIII.A. SUBJECT: Status of the Ocean Breeze East Project SUMMARY: At the August 0, 2016 CRA Board Meeting the CRA Board selected NuRock Development Partners operating as Ocean Brae9 Hauling Partners, LP to redevelop the CRA -owned property known as Ocean Breeze EaaL Ocean Breeze Housing Partnere is offedng the CRA $800,000 for the 4.5+1- acne vacant site located at 700 N. Seacrest Boulevard. The CRA Board has committed $100,000 as a local govemment match if the project is successful In obtaining project funding. NuRock Devoelopmmnt Partners submitted their application to the Florida Housing Finance Corperattom's (FHPC) 4% low-inoome housing tax credits program along with a Stdo Apartment Incentive Loan (SAIL) In October 7A1 e. Acoording to defaft provided by Mr. Robby Block, Fl rlda Housing staff scored and ranked all projects on Novw*w 30m and pffleerrted that findings to the Board of Directors for final ranking and fhandel leveraging calculations (we Attachment 1). Mr Black provides greater details In his memo oancerning their appilcation the status but in sum nary, 48 applications were submitted and NuR*Ws proposed project fell outside of the range to recelim fanding. There is a process In place for applicants to protest the Florida Housing Board's findings which Is currently bekV contemplated by NuRock and updates on their progress will be provided in the future. FISCAL. IMPACT: To be determined CRA ADVISORY BOARD RECOMMENDATION: wA CRA BOARD OPTIONSIMOTION: Uniess otherwise ofrersd by the CRA Board, a mrotlon Is not required at tris arra Mlohael Sinwn, Interim hcswUve Director ATTACHMENT Agenda item: XIII.A. OCEAN BREEZE HOUSING PARTNERS, LP 87941soyahm Beach Blvdn Saute 219 Boynton Beach, Florida 334772 (PH) (561) 9M M14 MM) (679) 21&1520 December 7, 2016 Mr. Michael Simon, 111tahn Bmecutive Dkoctor The BoyWon Hench Community Rodm1ornent AgenY 710 N. Federal Highway Boyatan Brach, Fladda 33435 RE: RuMences at Qcean Braaao and MWk§ge at [3qr Yfan Florida Booming Flimee Corperntlos Update Dear Mr. Sloven: The kmea is being written in eennection with the two projects under contmat with tin CRA, Rosidancos at Ocean Breen and He ritage at fly View. I gp0jogiaae for not basing able to attend the nee ft& ens I have a prior cornmitamut. Please accept this lour ea as update to the currant ado of both projects. The Residences at Mesa Brmse application wast submitted book in October Florida HO=ing staff scored and all MOM an Novernbra 30a' in Boder to present to the Board of Dbeckn for approval De conber 0. Poor to the Inst version of the Request for Appli ,Woms "RFA" being released, Fri made sono dumps to dw $nal ranlang and leveraM calculations, We still felt that amu mWlicatim would be competitive based an our conservative undmWriting. Then w re 43 applieatians submitted for this particular RFA dnauom the State. As we stand today, Ocean Bt+eeae falls outside of de funding romp Once the Board approves elms rccor:mendations for approval on 1219, applicants have 72 ]ours to Mo a Notice to Protest. It is our intention to file a pretest atm we have altudy engage legal counsel. We will be looking at dBs etW MPIWAti ms sad aughrb b to detenniue if guy Of thane et hoations have bsues. There is 0 tat of unc fi* in the Affordable Hmaipg kWUWy foilow6Mg ths premidentiel election. Tax Craft equity Pricing has Wm a hit and the: Bill to fix the 4% Housing Credits has stalled. We anticipated this in our Mica, but other applicents ovelohera did not and thevkrc thery may be more SAIL f sols rowined tine to deals not basing fimdly fastble. We feel that tban+e IN stili an appartunity to get back into finding range and we intend to continue to challenge. We will k"P you Pmed trough" the Pr icess. OCEAN BREEZE HOUSJNG PARTNERS, LP 07% Bvyntun Beach Diva, Suite 19 Boynton Brach, Finrida 33472 (PM (5561) 990.2614 (Fax) (69M 218-1520 As for 1100 tags at City View, Florida Hawing delayed the original subxnission date of December IP to Decaanber 30 due to challenges that were filed against FH based an technicg issues with tho RFA. I believe dmt all but one of the challenges hiss been resolved and as of today the current submission RFA duo date is still December 3&. One of the chgUanges that were filed was OlM*MtlU6 the Local Clovernam t Preference, which gave City View a priority finding pace over other Palm Beach Cotmly applications. This challenge has no been resolved as of yet, but we feel tbat Florida Housing will p wail ami therefore keep Ocean Breen the top application in Palm Beach County, We are contusuing to finalize our application and exhibits and will be ready to submit a complete application by the deadline. This delay ,does oat currently affect the scoring and final Board approval in early 2017. It is aur intention to work *rough the renWaing wirmr details of dw Community Benefits Agreement once our application is submitted to the fie. 'bank you for the opporq dW to give this update ad agW I apologize for not being able W attend m person. I will cODhMW to give you Wdabos throughout the process. sinocrely Yom, d P 9&a Robby D. Block, Aukianrized Agent for Partnership ATTACHMENT II Simon, Michael From: Robby Block <rblock@nurock.com> Sent: Monday, February 6, 2017 9:16 AM To: Simon, Michael Subject: RE: Florida Finance mtg results Good Morning Michael, Hope you had a nice weekend. MILK site - Florida Housing confirmed that the lawsuit was settled and the Corporation prevailed. The petitioner had 10 days to file exceptions and/or waive the right. They did not do so in time to get on the Board agenda for Friday. Once the 10 days are up, the Board will have a telephonic meeting to approve the ruling and be able to proceed with the RFA. Staff has not been able to even open the boxes with the applications. Once staff gets approval, they will open and provide a summary spreadsheet of all of the apps, but 1 don't think this will happen before next Tuesday evening. Ocean Breeze—we have been reviewing the revitalization RFA and requirements. Can you go ahead and see if you can schedule some meetings with the commission for this Thursday and Friday? I am pretty open both days in order to give a summary update and work on the contract extension for Ocean Breeze. I don't know if we need to meet everyone, but its at your discretion. I am trying to catch up this morning from last week, if you want to talk later today or tomorrow let me know? Thank you. Robby From: Simon, Michael [mailto:SimonM@bbfl.us] Sent: Friday, February 3, 2017 2:45 PM To: Robby Block Subject: Florida Finance mtg results Hello Robby: I wanted to get the update after your meeting yesterday/last night. What happened as it relates to your two projects? I'm working on the CRA board agenda and would like to add it to my status. Thank you. Michael Simon Interim Executive Director C.R.A. Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 561-600-9091 561-737-3258 SimonM@bbfl.us http://www.boynton-beach.org/ ATTACHMENT III dome Qm= Owl,? A D Asrmont PURCHASE AND DRVBLOPMNT AGREEMENT This Purchase aDd DevelWmtt Agricaa nt LjM&Mflbr +`.,djW12MIM0 is =de and e *MNI into as of the EBwtfvo Dale OUTO —ar die, by and betwom BOYNTON BRACH COI+dlWiiiMY RBDBVMOPAUW AGENCY, a public agency created passant to C9aaptex 163, Part 11L oftW Florida Stmftft (b=Waftw "SELd,BR") and OCRANT BREM HOUSUG PARTNEU, LP, ar ire WSIiated ass118aea ONViflafter "PURCHASER", and lbp&w with the SELLIM. the wow-). Tn OmddmW*n of TENT DOLLAM AND 001100 DOLLARS (SIO.OD) and the mutual Covenants and ag omenta .hMvIft "thft, tip rac d# and sufficiency of which is herebysokaowIWPd dile Partes herew agree as f Xon: I` MIRMBEL„LER agrees to Self and convey to PURCUUM and PURCHA.$�y�$1�q�l� re to �and �, uire �rn SE11M on qua tem � ofthe "per"). The Parti&0 fed FT01fY �}es Intend dW the purchase and sale wW ensuing Property will be a in order to reduce slum wd blight and to enablo ate croMMMthm of a now h COMMAdly ov Troect"j on the site of flee ftrnor housing pmj wt kMM as Oeew Breese East. I . The PatdMw puce far tit& Pr Pc* shall be WORT E UMRBD THOUSAND AND 001100 DOLLARS 0800 00) so be psfd in tun at Closing M LM has complied with Seaton 163.380, Florida S%h tea, In puxWlag With Me sale ofthe Pmpertyto PURCHASER. 3. DRUKUS. An Initial Deposit in the amount of TW13MI Y -RIVE THOUSAND AND W100 (8,25,000.00) doll be deposited wit& LCM9, LMV= do Ws&wp p.A. awdafter -Snow Aged") wifhia two CZ) buainves days follicowing eanution b6W by the 1't#rties. The Ia#tid l:lepoait shall be My nftndable to PURtnASBR, if prior to the MTjFq&w of the Faaeibility 1'etiod (as hwdnaflw de bm% tlw FMCHASM wises BELLSR is writing that it does not iatand to oomple#e the purcbase ofthe pmperty, 3.1 AMMd DOM11 An edditional doposit in the aww t of TWgNTY FIVE THOUSAND AND 00/100 5PG.00) which ftwdw with do Ittitid Deposit stall be rehaul to as ft "Deposit" shall be deposited with the BMW A,gent, at the and of the Iaspeadon P rkd. The Deposit shall be non-rafhttdable to PURCHA413R, a=xV upon (1) Mm by SF,LLER to adSefy emY saodi0on int to alosing; (ii) Adfure by FMCHASER, to obtain an allocation of State Aparlmeatt hwend a Loan "SAIL", alloaattart of 4% lousing Mft and Palm Beach C 0LWV Tax Exempt Bond (as described in Pargmph 6bal0w); Off) upon do ttk by SBYLR he*tmder; or (iv) faihM of PURCHAM 10 obtain the ItCrIM daac *W in aftuvareplts 5(a) and (d) below. All intro* wMaingon the Dcposi4 if any, aWbeMvdiWt0ftPa1tywHded to nein the Deponit M the" event of rite caucellaiiom or tatmivadon hereof, At closing: the Purchase Price shall be payable in cash, less the Deposit; and aubject to pwrafl= and adjusbmts set fioath herein. aWW4 PURCHASE AOIkEM&MT/NU aWw Pada 2 of 15 4. EUEGIM pATIL The daft of this AFMketrt (410 "Effecdve Data" shall be the date when the hest one of the NELLER and PURCHASER has signed this Ag<eat mt PMP"is 'IU PURCHASER'S obligation to alone on the pmobaw of the inged an the JbIlmdug: a) PURCHASER ohtnitdng alto plan Wp wd ftm the City of Boynton Beach, Florida (the "City") to bund 100 *ddwigai unify an the Properly for campamy by low lm mehoa &olds. h) Ptitrr to the Whadon of the "SAM" A iooadon POW (as hmWn dw definad), PURCHARM rwdvfg an fnvitagm to credit undavwriting for an award of State AP2dm9at hu ffm LOW (,SAIL") €ram the EhIda Housing Finance Cmxpmhen (aMorxk Houmn and Q) SaUM *&af MWWtablo title to the PftWty a*Cd only to &W@ title ea ceptidm aecgftbla to the PURCHA5iBR, AU an more Rpecdfically get forth herein. 6. STATEAPAATLONT na'fwhrrrVU IF n A M A7 ifl/%ARRrnr m" A&& •W—..,..�.. MR WMAU&I Prior to tba last 6" of &a applfcable lgod& Housing Ralumt for. AIViimdot% in iseeponae to which tine PURCHASER sabn fts an applit aam far "Allocation" `that iacludca this Ap mnw% wbirh is estirnated to be not Iatar than Offer 31, 2016 (the Alloos ion Application PWod'). 7. . PURCHMER aSltiell have mttii F4rmry 2B, 2017, in wNa to obt do the AllocOUM The A1ioostion shall be evidenced by an iuWtatioa to Nadir undwwxldng Issued by Florida Hous4 in the ev" PURCplAgER does not raaddvg the Allocation and does not wish to pmwed witb the aoquisitim of the property, the Deponit shall be My rdu&blo to PURClriid, IER within five (5) hWnm days aftw PURCIJASBR pwvldcv written mtke to BSI.L1i$, that it has foiled to t►bWn the Allooadom 8. CLOSi M DAT. 'jam C IONing shall tape Place on Mary 28, 2417 at a►ich location to whfolt the partfm may nw#aally agree In wrffing, g.1. goLlw ad=dmL PURCFMSER ftU have the option to purehme, fim SELLER at any tinm prior to the Clmhi g Date, one (1) afx mcmth extou cion of tluc Closing Dote Mloaing MONSIOd') for the Rum of Fft 7boumnd Dollars and 00/100 (150►000.0 X Which shalt be non -ref d c to PMCHASSBR DKOW for SELLER'S defimit of which paymer►tR ,ball be applicable to tho Purchaw Price at C.jasiug, -9 MU 70—BE COHMM. At Closing, RMLER e>sa11 Convoy W PURCHAS M by SSPedal Wammty Dead ft with the nequirem" of the Title Commitment Uwainaft defined), valid, Scrod, makakle and ffim able title in fee simple to the Prop atY, free and dicer of any and an Bess, et mabrm=, MANN s, emments, � assenan►w% restdodow and affiw oonditiow except only the following (donadvely► the wvml PURamu AGRSMM/NURocrio 313 Pegs 3 of Z5 "?smutted RoWtions"jr (a) genera! real estate taxes and spcoial afasaotents for the year of Cloalttg and Subsequent )sera not yet due and payable; (b) covcna % conditians, Mss.% dediesdow, riS1u-of way and matters of reoaad in luded on rho ntle Con cnt or shown" tbo Survey (defined in Section 10.3,1, to which PURCHASER AM to object, or which PURCHASER agrees to weer, 10• F TnR ELQEM=. For a parlod until October 31, 7016 (Tudbility Perlod'v, PURCHASER and PURC HMER'S agents, emptoysm dear, C•ouraotipre, `*YomM211IMB. amhi mb6 anomer sad other consultants (aalkwv ly, "Ageals'), shall hags the ri^ at PURMAM-3 expense, to rake inquiries of, and moat with rnambena of Clove wuental Authaaitiss regaang no pmpa ty and to enter 14n the FtVatty, at my time and f M bbtse to time wit Masonsb[e Drift to S13IJM and So long sa said investi,gsfions do not result in a. budness intenuoun, to paw any and all phy$fesl tom, insAec iats, and fnveatiptians of do Property, kdud%g but not limited to Plisse I and Phase 11 essviWmarltal 10"istigations, which PURCHASER mW do= nwmay• DuMg the Feaaftky P64 PURCHAM MIVY dock in PURCHAMR'S sole and absolute &Qmhon, to to minete this At;mear mt. If PURCHASER e1e98 to Wmivft this A.groa mt k acroarriaiaoe with fide Seetiaa, PURCHASER shall: (0 leave flue PrWWW in s antrally the oonditian Wdeft an tlL- HSWW Date, sub -foot m auoh disturbat w as way reasombly ,nee mum or convag i in the ruing aid inv�tlou of &C 1'ropmty; (f 1) to the etctent prncHeablo, " repair and restore any damBMJIM- emod to to ftVwty at no eget Mab PURCHASERI tmdn�g and ia�w,- and (iii) uJaaw to b stud othm work gmmded as a rcauit of the BR'S tafg and investigation, PMNASM hereby a8taas to uW mfy and hold SELLER bannIeas fr(= and against aii vlaims, IONSM, oxponses, drmands and liaflitie4 inoiuding, but not Bolted ta. nm able atDorney's lbes, far noAPaymeat far aarvkes MWWW to PURCHASER Cmcluding, wiihaut lfmitatfan. MY mon Now rasuhting a nef+am) or for damage to PUR usCHA&� S ' eubjug to the IhWtWm on praoticsbility provided above) arfeittg oui of ' tigadon of the Prapmiy, FURCHASER S Obligations undue this Section stall survive rho t0m2fuatfan, mon or Closing oftbis Agmernent. 10.1 WW's IZoCnmNk. SEUM dta11 4011w to PURCHA ML the hollowing domougs and iastruoutauta within five (5) dep of fi0 13f " Data of thio AWemsat: WW exiatfng title policies, spluadeala, 000" of MY rqnft or studies (Wbding envlto=Ontal, er&eer% s nwA soil borings and other pksfasl rePara) m SELLER'S poasemion or oontml with respect to the physical wndithmt of rho Property►, cedes of all permits, authorizations and BWWDV s rued by 0MwMw 1 AuOw dtm for rho property ad army ==VoWw e v koh dimgom shims, allWtfe M or advmse inibrmation reSatding the Property or SELLER with rospoot to &a Prop uty. 14.2 Mg_�. Witbin MMy (30)dqgof the Efla ive Date, PURCHASER'& wu nsd. as eliaBing agent .fbr ft tatnuation opiated herein (ft "CloAW Agatt') shall abtaia, at the PURC HASiM'S acpaW, Opera s TWa COMPwW e1w�, by PURCHASER (h�na ,17ftle Comppmy-I a TYtle ew n hnmt eoYerfng *v pwpaty and AwpoWn to insat+e PURCHASER in &a amount of the Pnrebase Price sWeot only to the Permitted &wVtfo,%, together wkb oomph% and legible oopies of oil Juatrumaats klm*fied ae oozWWOM or meptlow in StdtedWe B of duet Tithe Wit. PURCHASER alwa amino PLIRCff I$E.j3RWM8Wfig(JR4CK/0f3A Pago4 of 15 the Title Cammitmad and deliver written note to SEU2R, no Inter than twelty (20) days alter m*Pt of the Title Qmmitnwt wgffg SELLER of arty objections PURCHASER has to the coedit= of We (bereinaft 'TURCHASEXIS Title Obje+tions"� If P'URCHAWL fails to deliver PURCHA$ER'S Title Objestiow to SELLER within the afto rid reviow period, title shell be dewed accepted subject to the condig= set ft& in the Title Commit t. If PURCHASER timely delivcn the PURCHAiSER•S Title objections, Om SELIM droll hm ddrty (30) drA to diligently and in Food fly undit*e all neoessa y aevid" to corn and mmavn 'die PURCHASER 3 Title 0W1ione ftdmb a "Cmc Peciod"). Notwithstanding atg+tiung to the oomtrary in this Samoan, SELIM dell have an aMm a ive duly to aati* all title rocluimcecnnts whirls afro Iigaideted dshn4 outstanding motWom, judgmeaW, taxes (other than taxes which ere slnbject to 84ugbnw Pummd to this Agreeaamtj, or ens adw wiss ramble by the P$3mcm of money widnat rears# to ]ltigation (coilectivdy, tine 'WanddW 011lecdonn, �vhiclr may, et SELIM'B election, be done st Closing by the Closing Agmes wiihlWldina Of to applicable aunt ttom the prods of eels In the +went that Sur.LER ig unable to core and remove, or cavae to be cured and ramovcd, the FURC HAMR'S Tittle OWeetiom why ane not Mmul" Objects= within *a Cbm Period to the satidwfi ec of PURCHASER, thele PURCHASER, in PUW.HAMVS sole and ahs UID dkmv*m, shell have the opflcm of (i) arctendirtg Ihe Care Period and the Closing for oma additional O ty (30) day period at no cost to PURCHASHR, or (ti) gocgopg the Title to the pmpmlyes of the time of ClQdQB or (iii) PU cart 13 and � 'm aha i whftgm ich mc� my DgxWts sWI be wed to thoss exp�sly p ovidea harm to survive *miaetion Ofthis Agroom� mer' Pxkmr to Owfin' PURCHASER shall have the right to cause the T;do Compatry do lsman t daed Title Cammnitme nt (°This U,pdE te'') covering the Pmpaty. If any Title Update cont= any cam H*m whirls did not apperr in the TWO CQmmitmecd, and items rmkr title unanar10*61o, PURMASM daU have tho right to object to such new or dirt camdit m in writing Pry to Closing. All dibu and objections of the Pasties with respect to oWeotioas arising km t11e 'lith Update sial] be the; acute: u objections to items aPparjug in fife Title Commitomt, sabjeot to the provisions of mil Section. 10.3 PUP -CHASM at PU>iCHAS$R'S ONmnm may obtain a cumaW=dW ffinwy (tom " eY") of tics Propecia, indieaft sire number of aum OOMF'*9 the PrOPK'y to the nearest 11100th Of as acm If the Owmy discloses on the Property or that iznprovemearis Ioceied thimm encroach an o9back Iine% eases, Ianda of othens or violate any ushiodans, op of this Agmenel, cur applicable lPvmmonW regalat 00, the lanae shall cametit&ft a titls dem and shall be Sovecrned by the FVWdOnB of 8ecdonl0.2 oonmning Sale objeeticuns. 11. QQNDMM_Tp Omma PURCHASER shell not be o the pw�dcaee of the bh8�d to close on I'ropsrty unim each of the following omWitinms (aoilm"VAY, the "ConRMOns to musing ane eldrer fidfffiad or waived by PURCHASER in wddag: 11.1 and All of the representations and wenwade:a Of SELLIOR contained in this Agteaur t shall be true and earnest w of Closing. PURCHASE ADRB13t1WTft4UWCK/OM sof]3 11.2 gait1'roceedfn.n At Closing, them $hall be no litiption or 0414 uish'stive agency or other governmerntal proceedins of any kind whatsoever involving me Pmperly ar the SELLER, ling or tln'ealand, which hes not been disclosed, prior to cueing, and accepted by Pte. 11.3—COOMM-wila 7M and RennlafiM MW Property NMI be in canmplNnoc with all applicable fedaral, stats and local lays, ord bum, rules, reg sin, codm requamente, 1100MMM,1Cndtg and K*Qd=tb= as of the date of fig, 11.4 'fire ta''BE,I,E,R will. cooperate with tiro PURCHASER with regard to 4BAing and proom8inrg wW apdicatians and lbrms mffi W by the City or other anthoarNes having judedledon over ire PROPERTY to obtain b lldhgg permit approval acrd such other design and mon doc umeuts as may be reasonably rggnired by PURCHASER to permit the Project to be condor ded and opera W. The PURCHASM will bo z+esponedble fbr all soft associated with the ihrmuWon of ft Pmjwrs desip and ooneftc&m dacmrmate as well MY and aII applioablo permit fma associated with tha Prgor.L 12.MORM DOCIJMMM The SELLER 013211 prgmM or aquae to be pMatvd, the Closing Memo* * sat &dh in this Sem except for doh prgwed by lira TJW (Ompany. At Closing, MLEBR sl4dl execote and deliver, or cause to be eaocmted and delivered to FURCHASM the following doaUnaerrte and ingn mearta: 12.1 Deed eW Author_m Reaalutinn_wshall fi . SELija md8h a Wumnnty Deed (ft `Daed'5 cmv"* to FuRcHAS$R mdK good, moble and kwmbie fee simple tilde to dw Pmperty free and cigar of all lions, anoumbranoea and other cwditions of t& other tvan the Permitted Exceptions, together INA such reaolub me or other applicable mutlwd� doovmgnta evW=chxg approval of the trwmwthm by the SELL13R'a governing body as the Closing A$eext and dxe title ComM may regnim. 12.2 Seller's Aftft SET LM aimn Amfleht to PURC[jAgn an Ow en's affidavit attaft that, to the best of its hwwledge, no individual or entity hes any dift against the Pmpe* user the applicable emmtruction lien law, that the SELLER will not reoW or liter into docnxments affecting the PrVery after the last effective date cn the asitia Commamed, and that these aro no parties in possession of the Paoperiy other bran SMJ ML SELL -AR da also firmish to PURCHASER a nw-forelp affidavit with respect to an Propfty. In the oval SELLER is ,enable to dedivrr its atiidwAs meed above, the same shall bg dermod an uncured Title Objection. 12.3 Closing St�nent. A ciosing statement salting forth the Purcdrase price, all eredi�, atushueaxts and pro A&w betvreen PURCHASER and SM1,ER, all costs and gccpetrses to be paid at Cleaizlg, and the not proceeds dus anLI.131t, which SEI.I shall also execute and deliver at Closing, 12A CMGMM Documeuts. Docummentaffm required to clear title t:c fire Property of all ]sena, M=bmroes and eecoeptions, tf sny, other thsn Permitted Exce0ons. PURCHAU AGRESUHI+ITINURdC WBE Page b of is 12.5 Additional DOMMUNO, Such othw documea* as PURC,HAMR or the Title Company may ROMMbly request that SEYLM eorwAto and dofim, end any otluu' documents required by this Agmemew try nimbly neoessary in order to clone this truwaWon end effectuate the twmm of No A.growww. 13.1 ZMMILOW" Taxers for the Property shall be prorated Mwuglt the day WANG CloWn& Cash at Closing shall be intaemmed or decreased ar may be retluired by proradona to be made through the day prior to Closing. Tam mhxll be prorated based upon the, trurr+erttt yeax" s tRx %M due Allowance e matte ft maximum alllomble diaeount, If Claming ocoum at a date when the cunvnt yea's inillaga is notfixad and =mat Yes aosesom t is available, taxes w41 be prorated based upon mush assessment and prior yea o aatllage. If a year's aeae OMt is not mm&ble. thou tames will be, propted on pw ym ea tax. A tax puaiion based on an esfiaaate Awll, at nqtwd of eltber party, be readjusW upon =a* of tax hill whith disobsev an achwl diffom o In tho snout t of the taxes eatimated at aw:gg UW exceeds $1,040. 13.2-9—Oft CM,SsJZR shall ply 1br doawwtary etas on The deed, ring ft deed and any cost earodWed with oudag title, pwdmw WWI }my uH oibxr closing expWA=. Ewh psrtj► shall be reVwdble far *bar re espective a 13.3 QadVgjkMgdM PURCHAM shah &W the Putuhm prise O&Ja t to the coedits, offsets and p mMdons set tbrth herds. SELLER and PURCHASER (as applionble) 811811 recons and delivery to flit: Clow Awn dam CIoaicig Dom. no Closing Agmxt shall, at C16* g: (1) dieburee the sate pmcacda to SHU BR; (ii) deliver the Closing Dw=enb and it "marked -up" 11fle Commitment to PURCHAM R. and prr=ptly th n1des, mmir i the Deed and other xeaoYdable ClO&S Do==* In the a propriate public recap. 13.+4.1w it hfift= AW Oft Uens- At CiosW& SBLLER shall obtain, or cause to be obtained, extMe .01, or release of record of an martgages, liens and Judgan&* "HOWS to and enaumbeaitag the pmpwty, 19. CDMMNnMM AND WARRAMM SELLER �, covata IS sad warrants to PURCHAMR, as of 00 Efladva Date and as fe Cloning Data as fellows: 14.1 At . The CXGMtlon sad ddiverir of *him Agtoai Mt by Mff L ,R and the cuummm ion by BEUM of ft transsadasn cont=Vltted by this AVwmt are wigs S HUXR'S cnpaelty nod all rnyuWte a0don has been taken* to make this Agreement valid and binding on S in accordance with its terms, The Penne Ou uting this Agent oar. behalf of sxusR has beam duly erlathmind to net on behalf of and to bind SELLER, and thiai Agrmnant its a valid and bindtag obligatiau of SSLEML 142 M& SELLBR is acid W01 be on tiro Closing Date, the Mmer of valid, good, nwketsble and tnaurable fee simple IWO to the PMerty, iim and deer of all liens, ww".1 PURC HASS AGR> Wfti cKME Pop? Cris a mambrances sad r kddiOms of anykind, CROW the Permitted Exogdl ms (and enmamibrancea ofxecord wldch will be discharged at Closing). 14.3 There are no actions, Suits, proceedings or investip ions pending or threahmed Apirld 5ellcr or the Property► ai%mr►g any pordon of the Property, including but not ]fmited. to condemnation Wgon& 14A Pim in Pole im Tim ere no parties Otber than Sffi'LER in possession or with a d&to pOsmsefon of any pmtfan offt Property. 14A Aca AffiggM EM Hoax and after tits Effective Date, SHiLLEIt will rettafa ft=(a) pig any fin& umveft, consftuotion, or making my aft change or impravemont upwr or abm>t the Property; mutt or is sailarxg go UK mW mm%"O, fiat, Pledim OF other � in � muting *a prop,pe y odd d= the Permitted Ex p (including the mm4pgm, liens, Pledges, ad OdW u=mbraaoes attisting on the EflbGtive Data) and (c) outing mW waste or ndgaam upon the Property. IS. DEFAULT, 15-1 . in the ovemi drat ft tt^aamobn hila to close due to it wrangfal NAOMI to ohm or default an ft pert of PURCHASER, SELLER Shall be entitled to re6sin Rio Deposit, and raeithet PURCHASER nor SELLER droll have any further OM*ti m or liabilities aider this Anent, except for thnsa ex uNly provided to AUVIve fire tmudnatim of this Agreement; p iddK however, that PURCHAER shall elm be regxnalble fur the Grp( Of any WE ASME +ed against the Property by perms dairnirtg by, flum4b or 'PURCHASER 15.2 MUZER29 Dafm*. In the event fbat SBLI ER faire to My and timely to P&Ibrm erg► of its oblig OWS and coveaaats hWW der ar If SELIM is in bivm* of any rRr"OW'dona herram, PURM&SHR may, at its option () dealm a SELLER in daft* ander fibs Ag ant in whkh overxt PuRClI m may tannate " Agmmat receive back to Depm t end rteitlter Party shall have any fiuthm rights bmamdor or VQ seek arpeciilc paamea 15.3 bkdw ofLWfWft- Prior to decladng a deft* and marching the remedies described herein, the Wn-deftlting Party "ll low a nWw of da&uh to the daWtfqg Pty describing the event or couadithm of default in sett detail to coaWa a atonable persoa to dch" im the cation ne wuq to cure the deihtttt. Tate doff ping Party &hall have fifteen (15) days fmrn delivery of the notice during which to cure the default, provided, hawmper, that as to a failnra tO 0108% the time pedad shall only be three (3) business days fin the delivery of notice, Both Patties ague► that if an extension is requoted, Oath aottmsian OW not be xmrmumubly widi%M, If the default hag not bath +sued within the afm=aid period, dxe non-defaultitxg Parly may exercise the renwMes described above. a WW.3 PURCHASE AGREE MENTMMOOKME Page S of ]S ISA S_mvlvel• The PwAsions of this Secdion 15 shall mvive flue terminstinn of this Agremrinunt. 16. NOMM' All notions regi fn this Agreammnt moat be in writing and shall be nonsMered ddhaed when mdwd by mtHW m4il, Munn reoedpt reguCAW, or pmwal delivery to the %1lowfng aft eros: ifto Seller: Boynton Beach CbmmuWtyRedd Agmcy BlOct tive Dimdor, Vivien L Brooks 710 N. Fed*W Highway BMiou Bow% Florida 33435 With a Owy to: Kamdh Dodge, gquire IAnW', Longman & Walker, PA. 515 North Flsgler Drive, Suite 1500 Went Palm Bmeb, Florida 33401 lfto purchaser. ocean Braem Housfngpatttells, LP Attnatm: Rubby A Block, Andmizod Agent fax Part aimp 8794 Boynton Bcwh Blvd., Nte 219 Boynton Bouch, FL 33472 Telephm.- (361) 990-2614 Facsimile: (678) 218-1520 Email: rblook@mwock.com If to POCOhOW. no NuRQck Companies Aftmdon: Robert Hoakins 800 N. Point Parkway, Suite 125 Alpbareita, GA 30005 Tbltec {770) 552-8070 Faaaimile: MO) 552-8748 Emil: Wfth a Ow to: AnmA Golden Cfragoxy Mention: Marls Obuld Suite 2100 171 Sevmab=& St. NW AIWft, QA 30363-1031 Tdepb xw (404) 873-8782 Rambnile: (404) M4783 mail: 17• BINDWO oBLj IA 1 4 . The terms sad conditimis of tMs .UM" FUtiMSE AGRE MBNPMMCKIM Foye s cif is Ag=nant are Hereby made binding cm, and "I kwo to the benotit of, the meemors and permitted assigns of the Patties hereto. SELLER may not aaip its inter in this A,gmaement withmri Ills p dor written cont of PUR.CHASM which ah911 not be unreasataably withheld. This Agreement may be ficely assigped by PURCHAS,EIt to an aflYliatod assignee of PUP-QUOM and threader PURCHASER'S sasignee shall be obligated to alone the ttatmciion contemplated herein as if much mdgnee wm ere original party to this fit. Any assignment by PURMASM to an UIVOIAW party shall be subject to on w&tm approval of SELLER, which shall not be unteesom* withheld. IS- RU OF IASg. In the event the condition of #be Ptr *mty, or any pot thwe4 is maim i,ally altered by an act of God or otbar natural foe beyond the control of SM IM FMCHAMM may elect, as its sole aptiaa, to terminate dila Agreement and receive a mfimd of the► Dgtmait and the patt#es SW jkm no further obligatim m9a this agmneat, or PURCIUM may acoept the Property without any roduodon In the value of the ftVa ty. In the event of the irmebWm of any proaetiinge by any Govanmental Autharlty whdah shall relate to the proposed taking of any pofon of tits pwpcq by omit dmuin prior to 00ft or in five VVW of tha tokitrg of my pea fion of the Property by cminett domain prior to C mhtg, SELLER shall prompay mw* PURL ER and PURMASER aha11 drexeafter bm the right and oP3M tD ftnf de No Agremant by giviflg SELLER wdttm notice of PURCHASBR's election to t a*ute within fiflemt (15) days after reoelpt by PURCHASER of the notion &mm 913M g, MIER hereby ogees to &mhh PURCHASER with written nonce of a proposed court. within. twit (2) %WOM days aftar S8LL13R's receipt of such notijqcation. Shculd PURCHASER terminate this Apmnem4 the I%PO it sha11 immedlctely be retained to PURCHASER and thereafter &e Portree shall be t+eivaaed from Salr reepeedvo obligatione and liabilities bwamder. Should PMCKASER elect not to Carminate, the parties humto shall proceed to toeing and SRUML shall assign an of its sight, titin acrd interest in all awards in ommccdon with zilch laking to PURCHASER. 19. BROI{13R l?Si3g_ Tho Partles hereby ooifirm that jidther of thenar has dealt witbt any broker in cesawtton with the transaction conteutplatod by this Agmmetat. Each Party shall inden nIN dcAW and hold harmless the other Partin flmm and against soy and all claims, losses, damages, costa or eacpenew (including, without litnWots, Dior We fees) of any loud or mbar dw arbing out of or ro mking fmm any agreement, arrsngenrant or gademUlaft dozed to have been trade by wither Party or on its behelf with any broker or Hader in owncotion with this fit. Howem, SEALS mdetmtitic&Gm obl*dm shall not ameeed the Antawy limits provided within Section 768.28, Itlorida Statutes,, and CRA dace not otherwise waive its wMagn qty tests. The pmvisions of titin Section shall em -&D Closing or termination of No A,gnent, 20. OIqTAL MMMM.lb the tart of SELLER'S laaowledp, the Property and Cha use and. operation thereof arse in oontplianoe with 811 applicable couarty and qDvanmettal laws, euros, reWadons, licmas, pamits and aeon% indudigL without limitation, applicable Zoning and environmm" laws and regu<Stions. AUCiASH AGRBHiVIDTITMMOCKME Pie 10 of 13 21' MOM&MSMIM and FURCHAM aeiumowledp that time Property is be4 acid to PURCHASER for the sole pwPose of developing a multi family aiiurdable development. 21.1 The PURCHASER agneas that the SBIIR Mall hwo the right to reaso mably approve time dedign of the Projeet. PURCHA ER owl submit plan to the SEIJER far review prior to submission to Elie City for appronl. $BLUM shall prov.Ide cMaaeomts or app wrg of the design to PURCHASER at its noon regularly scheduled Eoaa d Meeting after PURCIMER submits plans hr appmauval. 21.2EUIRSD PRC_ rr IMPRtXyg►nt, PURCHASER shall ino mwde the fallowing lea p itWovenmanta into the Project: a) Ifrequestea or regnired by the SHUM, the Project may be da*W to be a gated community to enhance tlm W&W of the Pmaoperty. A de emattm fenas may be installed around the building comprising the Project to create an aatcioaed space. Ifrepegbd or required by dw SHUM4 a kcal gale may be installed at the and exit of the Project Mq*bg pncof ofresidency fiw entry. b) The: Neat shall have It S' side°valk 0mobucted around the entirety of dw project within time public right-cf-way. c). The Project abrA have sttaeetlights approved in dap by the SELLER and cit); placed outside rho pedmieter of the Project in 60 [qty gsht: of -way at h&XV61B according tea the City code. d). The Project shall have trees in Species and caliper approved by the City and SELUR installed ouWde the perimeter of to beat within the City d& -0,f -Way at immtearvals acc q table to the City and 9EI. ER. 21.3 Lfinholon an Use of Pn* rty. SELLER 84mowledgm that the Ptaopeaty will be rOMOd to Mored Use Low 2. 22. P The %M witig VMIs must be documented in man. ptaravided to the SELLER upon completion of each MUM (colleedveiy rtes "Nvot a) $abmiWQn of application to tM City for sitsa plan approval within ninety HM (9F fiollovtiW roocipt of It binding cammitament for SAIL and 4% tax credit allocWon $oro b) Achie►v&aent of site plan approval froom fire City by October 3(, 2017 c) Approval of fanoing for the Pmjed including the conattuettemrt loan and PCMMWA ftwcing COMUMOt in an amount eaafcient to develop the Project by December 31, 2017. PURCHASER shall provide SELLEXpronf of financing for the Project. aaroWU FIURCHASN A.( RMomaM Roc=M Page 11 of 15 d) Submissicu► of constModw dowments to the city for a budding permit by January 51, ?Al S. Proof ofpenudt application fees paid will be provided to the SELLER upon sebmisai an to the City. Upon City issuance of the building Vomit a Copp will be provided to SELLBIL d) Croimdkwkbg Ocranony alad commenimnent ofwastrudiam shell occur within two (2) months fbllowlng,the ismanea of a bufldfng pennit. SELLER will be in attendance at the ow nmW and parde7 to in its plannin& f) TwnPMw or pwnanew oolfioate of occupancy to be P.rovww wimp + &m (18) montbs following bOdiogpennit fsaUMoe, 22.1 N ono or more of the required Project Mets is not moved as required in tills Section and/or if the timellm outlined he�raln is not atrietlp me4 and PURCHASM has not psoWdcd SELLER with a written notice agJninfng the rum or ciremna mm got utadet the control of PURCEYA$El;, that have prevented PURCHASER fixmc mooting &a timdinei and SELLER has not agreed in wrltfng to the same area which approval shell not be reasonably withheld, them (a) if such events aro contemplated to oocar f dlawing the Closing but thil to occo r as regpi 4 theca the PLMMAMM $frill be required to reMvay the Property to the SEIJAR, dfm Agrom int shat/ be tmminatedi, and SELLER shall be roleamedl f oro any and all abl*dcros under We Agmeawnt and (b) if such events are cmttatnplated to occur prior to Closing but fafl to 000ror as nquired, then ft shall be a de&dt heremtdw and treated as provided in Section 15, above. 'The pwttw undmhod and qM OW is xwh instame SELLER shall be antttled to the Deposit in M and final satinhotion of PURCHASER's obligsttons hmunder REL LER agrees to wa k nwanably with PURCHASER in wodmtg withk the thne6mnes eat forth above, but PURCHASER and SELLER agt+eo that time is ofthe cum= F s11ti _' , : 41 :+ 23.1 QWML This ApoemeA and any amemiment hereto, mw be eaccuted in auy aanabrm Of cougtetparts„ each of whM shall be dee ned to be an mint and an of whioh shall, together, constitute one and the same instrum&t 'Phe seatkm and pared heaftV hwa9n contained ala far the pmposes of Identification only and alba// riot be consldared in oomtnft this Agreement. Reference to it Section shall ba deemed to be a re le e. to the care Section, Wass otherwise speoifW. No modi8OA&M of ame+nttmertt of this Agracnawt shall be Of ark► force Qs effect unless in wrift evte m ted by Pantos. This Axwomemnt gets fiords the antire agreement bdween the Parties relating to the Property and alI subject matter herein and saw all Pte' and contarapora sous nag Aiations, undeaatan ftgs and agreeirnents, written or oral, between do PKtles, This Amt shall be intarprated in accordance with the laws of the State of Florida. The Parties hansby ROM that jurisdiction of any 1#lpatim brought arising M of this Armnant shall be in the Fifteenth Judicial Circuit in and Ibr Palm Boob emnly, Florida, or, should any cause of action be Hauled to federal,jurieactiom only, in like Uww Stat= Dfsttiat Court or the.Scuthem Dist id Coapt Of Florida. PURCHAsRACR13MMINUROMADB s Pap 12 of is 23.2 CMButadon of,Thm Any rderence herein to the pedods which are not measeu+od in budnm days and which are lase than six (6) days, shall exclude Saturdays, Sundays and leg*1 holidays in the oompntatlon thereof. Any time period provided for in this Agrownent which ands on it Satutday, Sunday or legal holiday shall erxtand to 5:oo p.m. an #0 next full busluess day, Tim* is of the essenm in the pertbrmamce of all oblip&= ua tat this AgrMnent. Time periods. comumaing with thea Motive bate shalt not is." the infective Data in the oalaulatinn thereof 23.3 Wear. Neither the Miura of a party to !Waist upon strict pwfigma= of MY nfthe to=% provisietns, wvwants, agree mis and conditions beneo& = the acceptance of any item by a party with howledpe of a baesoh of this Agt+oeatumt by the other party in the perFosmance of their eve oblioorta herearnder, AA be deeated a waiver of any tights or ns. OMOB that it party may have or a waiver of any subsequent breach or default in any of such terms, FOvieions, +cove mmts, agtemmmis or auditions. This pa wiWh mall survive: temineson of this Agit and the Closing. 23.4 QM=10 of AUMMUL The parties' to this Apemen, through eoenraet, have P"doipated freely in the negatiatkm and preparation heaw& Neither this .Agreement nur any m Wdment hereto aba'll be mane striody can Krad against any of the parties. As used in this Agmcmeat, or aWy smandateut hereto, this maacwline shall include the Aaninine, the singular shalt include thin plena], and the plural shall i wh& the akSular, as the c NTM may rKWm Provisions of this Agreement that e.xpready p wWo that they survive go Closing stutll not merge into the Deed. 23.5 li if any pr+oviaion of this Agreement or tiro application thereof shall, for any reason and to any axient, be invalid or u eabis, neither the mmalndw of this Agreement nor the spplicadon of tim provision to other pm rson% eertlties or circumatum shall be affeated thereby, but instead ahali be ontbnoed to the maximm extent permitted by haw. Thep=wisions of this Section shall apply to RAY amaximeatvff eA,greemm. 23.6 ROMMEnddans Hnndwrlttan ptovis = inserted in this Agrmemettt rad fnitialad by iSHL,I.ER and PURCHASER shall control all printed pr»vW= in cm&d therowiL 23.7 Narver af:fi y TrIaL As sainducemeatto PURCHASER aSmcing to eater into this Agmemant, PURE and SELLER lady waive trial by jury in any sales or mpg btoug& by either party agalm ft ohher party pertaining to any matter whataoaver arising out of or in any way coed with this Ate, 23.5 MQMM ZM. md QW, Should it be necessary to bring an action to cuf m any of the proidnlcros of tbis.Agc made membra attameye fees atrci coats, including those at the appellate level, shall ba awamded to the pmavaift patty. 23.9 BUM Each party herft represents and warrants to the other that each poreon executing this Agrement on beltalfoftho PURCHASER and SELLBR bas Hell A& and lawful authoQity to execute this Agreement and to bind and obligate: the party for whom PURCHASE AGREEMENTMUROCKIOAE Pop 13 orts or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 23.10 No Recording. This Agreement shall not be accorded in the Public Records of Palm Beach County, Mrida. 23.11 Surviyal. The covenants, wKMn(ios, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording ofthe Deed and PURCHASER'S possession of the Property. 23.12 SELLER Attomeys' Peas :And C&jk SELLER acknowledges and agrees that SELLER shall be responsible for its own attorna)W thea and all costs, if any, Incurred by SELLER In connection with the transaction contemplated by this Agreernent. 23.13 Publig Blggdl. SELLRkis public agency subject to C1uipter 119, Florida Statutes. lire PURCHASER shall comply with Florida's Public Records Law. Speaitically, the PURCHASER shall. a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in connection with this Agreement; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a coat that does not exceed that provided in chapter 119. Fla. Stat., or as otherwise provided by law; c. Ensu, that public records that ane exempt or tint are confidential and exempt !Seto public r000rd requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining and providing public records and transfer to the SELLER, at no cost, all public reoords in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER In a format that is compatible with tite information technology systems of the SELLER. SELLER shall, upon request, provide guidance to PURCHASER as to the public records keeping mid reporting duties that are imposed upon PURCHASER as provided above and shitil take all steps reasonably required to assist PURCHASER in not violating them. The failure of PURCHASER to comply with the provisions set forlh in this Agmement shall constitute a Default and Breach of ibis Agreement. if PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may temiinata the Agreement. 23.1 . PURCHASER understands and agrees that SELLER's obligation to close is contingent on PURCHASER's execution of a Cornmtmity Benefit Agreement at closing, in such form as required by SELLER. SIGNATURES APPEAR ON FOLLOWING PAGES OWXMS .: PURCHASE AQREEMMMUROCKA)DE 11*p 14 of 15 IN WMM3 WHEMOF, the Parties have atww od this AgtmAnamt as of the Bf cwvo dale. PURCHASER CCRAN BREM HOUSING PARTNERS, LP PrintNama: Robby D. Block T itis. Antkolzed Agemt for Part md* Date: -!f f Approved as to thrm and legal SELLER HGYN X)N BEACH COMMUNITY REJ)BVEWPMBNTAGENCY Titic Chair J PURCHAMA0R8MENrjNUR0CKJ0B]R Page is oris 1113171r d.A„ LEGAL QHst vrjC W Parcel I.- PCN- : PCN- 08.43-45,21-10-001-x010 LOU 3 tbmugh 12 inelusfve; in Block 1, LOU 1 and 2, in Black 1, LMS all that por#im of Data 1 40d 2 Iytng Wed of the EWd rigs -of -way lige for "Sena S BoulevaW as d1own an Road Plat Baal€ 5, at Page 182 and less a 20 toot ntm carve area Ru read g& -Of way. PALM BEACH C4UN" y CLUB ESTATES, according to thn Plat d=004 as recmded is Plat Book 11, at Page 43, of the Publio Reoords of Palm Hench Cm*, Florida. Paroal 2: PCN — 0843-45-21-OMOM021 The Souk Half of Oe But Halfof Lot of SuMvisim of tba Went Half of the Soudwmt Quartw of Secy 21, Township 45 South, Range 43 Balt, Lcsa tho South 125 feet they; Lm pwds wave* to the City of Hayman Bach by WOW Records Book 852, Pap 642 and LESS the rfgbtrof--way AV "Seamvd Boulevard" as shmm on Road Plot Book 5, Page IV, according to the Plat thereof, as arccord+od in Plat Hook 1, at Page 4, Pubfic Rom& of palm Heath County, Plamida. I r� B VYN E o CRA I �BEH CRA BOARD MEETING OF: February 14,2017- Tabled 10/10/16 Consent Agenda IX I Old Business I I New Business I I Legal J I Information Only I I CRAAB AGENDA ITEM: XIII.B. SUBJECT: Consideration of Community Benefits Agreement between the CRA and Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) for the Ocean Breeze East Project in the Heart of Boynton SUMMARY: At the August 9, 2016 CRA Board meeting the CRA Board selected NuRock Development Partners doing business as the single asset entity, Ocean Breeze Housing Partners, LP to redevelop the CRA -owned property known as Ocean Breeze East. Ocean Breeze Housing Partners is offering the CRA $800,000 for the 4.5+/- acre vacant site at N.E. 7th Avenue and Seacrest. The property appraised at $1,440,000 in July 2016. The project is dependent upon receiving funding from Florida Housing Finance Corporation in mid- December. The CRA Board has requested that any development or sale of CRA property include a Community Benefits Agreement. In general, a Community Benefits Agreement is a contract between community groups and a real estate developer that requires the developer to provide specific amenities and/or mitigations to the local community or neighborhood. The attached Community Benefits Agreement between the CRA and Ocean Breeze Housing Partners requires that Ocean Breeze Housing Partners: • Work in partnership with the Boynton Beach Coalition of Clergy, acting as the designated Community Liaison • Hold a job fair in partnership with the Coalition and local contractors prior to the start of construction of the project to encourage Boynton Beach residents to work on the project The developer shall give preference to Boynton Beach contractors for the construction work • 20% of the permanent jobs created by the project shall be required to go to local residents The developer or the developer's general contractor shall pay Boynton Beach residents working on the project the current Palm Beach County living wage of $11.64. FISCAL IMPACT: If the project is funded and moves to the construction phase Ocean Breeze Housing Partners in partnership with the Coalition of Clergy will be creating job opportunities for residents of Boynton Beach adding money to the local economy. BOYNTON BEACR CRA CRAAB RECOMMENDATION: Option 2 — Recommend approval of the Community Benefits Agreement for the Ocean Breeze Project and Recommend having the Coalition of Clergy work together with the Boynton Beach Faith Based CDC to better ensure the terms and conditions of the CBA are accomplished. CRA BOARD OPTIONS/MOTION: Option 1) Approve the Community Benefits Agreement for the Ocean Breeze Project as presented Option 2) Approve the Community Benefits Agreement for the Ocean Breeze Project with revisions Option 3) Do not approve the Community Benefits Agreement for the Ocean Breeze Project F Michael Simon, n erim Executive Director ! ! 4 1- DIRECT INCENTIVE FUNDING QMT This is an agreement (hereinafter "Agreement') entered into as of the clay of 2015, by and between: BOYNTON BEACH C0MMUNITY REDEVELOPMENT AGENCY, a public agencycreated pursuant to Chapter 163, Part M of the Florida Statutes, (hereinafter referred to as "CRA"), with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435. and MORGAN BOYNTON BRACK LLC, a Florida limited liability company, with abusiness address of 1201 Ponce de Leon Blvd. Coral Gables, Florida 33134 (hereinafter collectively referred to as the "Developer"}. RXCITALS: WHEREAS, the CRA has determined that entering into pubho/pnvate partnerships for the purpoge of eliminating slum and blight, encouraging economic development, creating affordable housing and other goals within the adopted CRA plan is beneficial to the public; and WHEREAS, this Agreement pertains to Direct Incentive funding for the 500 Ocean Project, City File No. NWSP 14-002, (hereinafter the "project l located on property described on Exlnl "A" within the CRA boundaries (hereinafter the "Property"); and WHEREAS, the CRA has dete mined that the Project is advancing the goals of the CRA plan by meeting the ICC 700-2012 National Grew Building Standard Silver and by adding 6,600 sq. ft. of office space; and WHEREAS, at the October 14, 2014 meeting, the CRA Board of Directors {hereinafter "CRA Board'), by appropriate action, made the Project eligible for a pelage of the Tax Increment revenue Pursuant to this Direct Incentive Funding Agreement gumnafkr "Agreement-); and WHEREAS, this Direct Incentive Funding Agreement is not intended to be a `Development Agreement" within the meaning of Florida Statutes, Section 1633221; and WHEREAS. the CRA Board approved this Agreement to its form at its November 12, 2014 meeting; NOW. THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section I. Recitals. The foregoing recitals are true and correct and incorporated herein. Sewon 2. Definitions, As used in this Agreement, the following terms shall have the following meanings; 0XIB 4 Page 1 of 17 "Agreement" means this Direct Inert ive Funding Agreement and all Exhibits and attachments hereto, as any of the same may hereafter be amended fnm time to time. `Base Value" means the assessed value of the Property as determined by the .palm Beach County Property Appraiser prior to constriction of the improvements as reflected in Exhibit "B" attached hereto. "Certificate of Occupancy" means the eefificate issued by the City pursuant to the City of Boynton Beach Building and Zoning Code indicating that a building or structure complies with applicable City of Boynton Beach Building and Zoning Code requirements and that the same may be used for the purposes stated therein. "Certrfic"Ou" means National Green Building Certification issued by the National Association of Home Builders Research Center to developments that meet the criteria of the ICC 700-2012 National Green Building Standard. "City" means the City of Boynton Beach, Florida. "Commence Construction" or "Commencement of Construction" means the issuance by the City of the permit required for the commencement of vertical construction and the actual commencement of such vertical conshmetion pursuant to and in accordance with such permit. "Constmetion Loan Documents" means the documents evidmcmg financing of the construction of the Project. "Direct Incentive Funding" means an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the terms of this Agreement. "Designer's Report" means a report to be submitted to the CRA by Developer outlining all of the elements of the Project to be constructed to obtain the Silver Rating National Green Building Standard as more fully described in Exhibit "C." "Developer" means Morgan Boynton Beach, LLC, as described in the attached Exhibit "G". "Elechic Vehicle or EV Charging Station" means an electric recharging point, charging point and the EVSE (Electric Vehicle Supply Equipment), that supplies electric energy for the recharging of electric vehicles or plug-in hybrid electric -gasoline vehicles. "Silver Rating National Green Building Standard" the standard of the National Association of Home Builders' (NAHB) Green Building Program based upon American National Standard Institute approved ICC 700-2012 National Green Building Standard. The Standard defines green building for single- and multifamily homes, residential remodeling projects, and site development pmjec� while still allowing for the flexibility required for regionally -appropriate best go= practices. To comply with the Standard, a builder or remodeler must incorporate a minimum number of features in the following aiveas: lot and site development; energy, water, and resource efficiency; indoor environmental quality; and home owner education. The Silver Rating requires 349 Performance Points. "Office Space" means the 6,600 sq. It. of office space to be constructed as part of the Project as depicted on the site approved site plan City Pile No. NWSP 14002, which is attached hereto as Ezhrbit "E" ONIS021-4 Page 2 of 17 ` ledged Project Increment Revenues" means the variable disbursement of revenue to the Developer that equate to a age of the Project Increment Revenues as set forth. in Section b of this Agreement. The example of the Pledged Project Increment Revenues calculated over the tern of the Agreement is shown in Exhibit "D". "Project" means that certain land development project cuMntly referred to as 500 Ocean, Ci ty File No. NWSP 14402, attached harto as Exhibit "E" located on "A" within the CRA boundaries. p described on Exhibit "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project. "Property" means the real property described on Exhibit "A." "Redevelopment Area" means those areas within the limits of the City which have been declared blighted and established by the City in accordance with the provisions of Florida Statutes, Chapter 163, Part III. "Redevelopment Trust Ind" means the trust find established pursuant to Section 163.387, Florida Statutes for the deposit of increment revenues attributable to development within the Redevelopment Area. "Site Plan" means the site plan for the Project approved by the City of Boynton Beach on July 1, 2014, a copy of which is attached hereto as Exhibit "E." "Systems Audit°' means a review performed by an independent auditor approved by the CRA and paid for by Developer of the Project according to the 2412 ICC -700 National Grew Building checklist including original inspections and certification of the residential units to confirm ongoing compliance with the standards, subsequent blower door testing to confirm compliance with original tusting. (F"bit "F") "SubstateW Completion" or "Substantially Complete" means the completion of 90'of the Project's units, as evidenced by issuance of certificates of occupancy for such units, "Successor or Assignee" means a subsequent owner of the Project, as approved of by the CRA, pursuant to this agreement, other than the original Developer, Morgan Boynton Beach, LLC. "Tax Collector" means the duly elected tax collector for Palm Beach County, Florida. "Tag Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Unit" means a single residential dwelling within the Project. " [Jnit Type" means Al, 131, Cl, C2, C3, and Dl designation based on the unit floor plan approved in the Site Plan. Section 3. Effemtive Date, This Agreement shall be effective as of the date of the execution of the Construction Loan Documents for the Project as evidenced by the submission by Developer of copies of same to the CRA. W419M14 Page 3 of 17 Section 4. Developer's Obli tl — Constru on ofdw fro'ett. 441 As part of the Project, Developer agrees to construct the units for the Project as described in the Site Plan and to obtain the Silver Rating National Green Building Standard. The Site Plan may be modified from time to time by Developer in accordance with and pumuant to the Code of Ordinances of the City of Boynton Beach provided that the Developer shall not have the right to reduce the number of residential units, reduce the energy efficiency of the units, eliminate the EV Charging Stations or to male any other change which would substantially reduce the usable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification frmm the City of Boynton Beach. 43 As part of the Project, Developer agrees to construct the 6,600 sq. ft. of office space as reflected in City File NWSP 14002, attached hereto as Exb1b1t "E." 4_3 Convicted Vendor List. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in Rutherance hereof, Developer certifies that it, and all of its affiliates, contractors, sub -contractors and/or agents who perform any work on the Project, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the Effective Date. Section S. Certification RMulrement:. The Project has been modeled to attain the Silver Rating National Green Building Standard, As a condition precedent to its receipt of any funds pursuant to this agreement, the Developer shall provide evidence that the all units, once constructed have received a Silver Rating National Green Building Standard using third party verification. The Developer shall provide third party verification that the constructed units comply with the standards for the Silver Rating National Green Building Standard for the duration of Direct Incentive Funding Agreement. Implementation of this Certification requirement shall be as follows: 5.1 Certification and Occupant Education 5.1.1 UhMer ALthis Standard- Developer shall conform to the Designer's Report attached hereto as Exhibit `°C" outlining components of the Project necessary for compliance to receive a Silver Rating ICC -700 National Green Baffling 2012 Standard. This will require a level of Silver for each section inclusive of 75 "Additional Points" available under the program. Certification that this standard has been met will be accomplished at the Developer's expense through the National Association of Home Builders Resource Center as overseer of the program. 5.1.2 Initial Certification, The Developer will provide evidence of Certification meeting the Silver Rating National Green Budding Standard based on two inspections for each apartment including a pre -drywall and final inspection. A detailed checklist will be created and all the components and practices will be listed to show individual unit compliance with the Silver Rating National Green Building Standard. The checklists and reports shall be submitted to the City's Development Services Department within fifteen (15) days of completion of the inspection of the Project, 5.1.3 Occumint Manuals and Training. The Developer shall produce and distribute to all of the Projects occupants a manual identifying the green attributes of each unit and the overall Project. This manual shall also include any manufacturer's information or product data for equipment, fixtures, and appliances. Through the manual, occupants will be familiarized with the green building practices implemented and the impact of occupants' activities on costs of operating the building. The manual shall include a narrative detailing the importance of constructing a green building, including a list of green building attributes included in the building, the green building program certificate (copy of 90978021-4 Page 4 of 17 the National Green Building Standard that is sometimes referred to as the "NGBS") with measures achieved and the warranty, operation, & maintenance instructions for all equipment, fixtures, appliances, & finishes as per requirements of Chapter 10 of the Designers Report of NOBS. Training will also be provided to the building management company regarding all equipment operation and control systemis at the cost of the Developer. 5.1A Io,tailatton and Mamienaaee of Elechie Vehicle Charm¢ Station,. The Developer shall install at the Project the following three Electric Vehicle Charging Stations: one in the Commercial parking Area and two m the residental parlang area, Proof of installation of the EV Stations shall be submitted to the City's Development Department upon completion of the Project. Developer car its assigns shall be responsible for the dectncal expense and maintenance of the EV charging stations throughout the term of this Agreement. 5l2 Nors-Discr121in8110n, The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in the lease of any Units provided for in this Agreement. Should such discrimination occur, the CRA, will provide notice to the Developer of a breach of this condition and thereafter, Developer has 15 days to daund arbitration as to the claim of disc ijininadom The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being Wm by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be- relied upon by the CRA as conclusive proof of a breach of this provision, if Developer does not demand arbitration within fiftcen (I5) days, or if arbitration is conducted and it is determined by the arbitaator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non -prevailing Party. Such non -prevailing party shall be determined by the arbitrator. 543 S tens udi Prior to receiving any annual allotment of any Direct incentive Funding pursuant to this Agreement. Developer shall provide written evidence, at its sole cost and expense, that is satisfactory to the CRA in its sole discretion, of continued compliance in all material respects by the Developer to the terms of this Agreement and with all agreed upon Silver Rating National Green Building Standards set forth in this Agreement. on an annual basis, the Developer will pe*M a systems audit on at least thirty-four (34) Units each year .for the next ten (I0) years as evidence that the Units continue to meet the Silver Rating National Green Building Standard and to ensure that the EV Charging stations are constructed and in working order. This systems auditing process is based on the schedule attached and Contained within ExMbit "F". The Developer shall provide the Systems Audit Report to the City's Development Services Department on an annual basis, beginning April 30th in the year in which funding begins pursuant Section 6.2 and no later than April 30th of each year thereafter for duration of this Agreement indicating the units' compliance with the Silver Rating of the National Green Building Standard. 33.1 This systems audit shall be conducted by an independent auditor, selected and paid for by the Developer with the approval of the CRA. 53.2 The examinations and opinions included in the systems audit required under this Section must be conducted in accordance with the definition of systems auditing contained in Section 2 of this Agreement, 5.33 The Developer shall provide the Systems Audit Report to the City,s Development Services Department on an annual basis, beginning April 30th in the year in which funding begins pursuant Section 6.2 and no later than April 30th of each year thereafter for duration of this W419M14 Page 5 of 17 Agreement indicating the units' compliance with the Silver Rating of the National Green Building Standard. Each annual performance audit must be submitted to the City's Development Sc ervies Department no later than the last day of April for the preceding year. The City shall either accept the audit as sufficient or make the determination that the audit and/or documentation far the audit are deficient, and shall so notify the CRA in writing, within twenty (20) days of receipt of Systems Audit Report. In the event of notification of deficiencies by the City to the CRA, the CRA shall notify the Developer of such deficiencies and distribution of Direct Ince itive fimding shall be suspended until resolution of the deficiencies. If deficiencies are not resolved to the CRA's satisfaction and a sufficient Systems Audit Report is not submitted to the CRA within 90 days of receipt ofnotice by the CRA that the submitted Systems Audit Report is deficient, the Developer shall be in breach of this Agreement and the CRA may pursue all remedies available to it under this Agreement and at law and in equity. 5.3A Disbursement of Direct Incentive Funding shall occur upon (1) the CRA's acceptance of a properly documented and sufficient Systems Audit Report by the CRA Board demonstrating compliance with the provisions of this Agreement, (2) final certification of tax assessments within the GRA District by the Palm Beach County property Appraiser. for the year documents evidencing payment by the Developer of all ad valorem taxes for the S' and {3) preceding year. L4 Incueetlon. Upon providing Developer ten (10) business days prior written notice at any time during normal business hours and as often as the CRA deems necessary the Developer shall make available to the CRA for examination, all of its records pertaining to the Systems Audits of the units at Developer's offece with respect to all matters covered by this Agreement. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the DeveIoper's records regarding this Agreement at any time for any period covered by this Agreement, allat the CRA's cost and expense. Any delay in the production of documents requested by the CRA shall to the CRA's time for review of a request for distribution of funds. M5Nan-Conn liance. In any year in which the Systems Audit Report discloses that Developer is in non -Compliance in any material respect with the requirements of the Silver Rating National Crreen Building Standard, the Developer may be deemed in default of this Agreement and after the exhaustion of all opportunities to Cure the Default available to Developer as set forth in Section g, the CRA will be entitled to all appropriate remedies at law and equity, including but not limited to the remedies set forth in Section 9 below and the CRA, may cease making any further the Direct incentive Funding to the Developer. Exceeding the agreed upon requirements of the Gold Rating National (gym= Building Standard in any given subject year shall not entitle the Developer to additional r e Agreement und this eement or to a credit or setoff against any reduction in funds due to failure to meet the G Rating National Green Building Standard hereunder. Section 6 Direct Incentiie Fndin,& The Direct Incentive Funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the Developer's cost of creating and maintaining the energy efficiency improvements, including the improvements necessary to attain the Silver Rating National Green Building Standard and of constructing the 6,600 sq. A. of office space within the Project. 6.1 Dh*ct Incentive F din¢ FOrM_8b and Term. The CRA hereby agues to provide Direct Incentive Funding, that i®, to pledge and assign to Developer pursuant to the terms of this Agreement for a period of tela (10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the terms of this o Direct Incentive Funding payments shall be made if the Developer is in default under the terms of this Nagr'eement and Developer has failed to sufficiently cure the default as provided herein. 041SD214 Page 6 of 17 The amount of the Direct incentive Funding is based on the following formula: Project Increment Revenue times the agreed upon peroentage factor paid to Developer each year for a ten year period. Ile CRA has agreed to pay the Developer the following annual percentage factors: Years One — Four: Seventy -Five Percent of the Pledged Project Increment Revenues Years Five —Seven: Filly Percent of the Pledged Project Indent Revenues Years Eight Ten: Twerrty-Five Percent of the Pledged Project Indent Rues ! Commencement and Conditionsof Fun i The ten (10) year term for the payment Of Direct Incentive Funding to Developer by the CRA shall commence on the last day of year that the following ,coed{lions are met: A. The 6,600 square feet of Class A Office Space is at a minimum shell complete and the residential portion of the Project is Substantially Complete; B• The completed improvements of the Project have been placed on the Tax Roil; C. The CRA has received Project Increment Revenues from such improvements; D. The Systems Audit Report is received and found to be sufficient by the City and CRA, and E. Developer is in compliance with the terms of this Agreement F. Proof of installation and ongoing effic stations iency of the three (3) FV charging 63 Disbursement of Funds. Subject to the CRA finding that the conditions in Section 6.2 have been meet and determining that the Developer is not in breach of the terms of this Agreement, the CRA sliali begin annual disbursement of the Direct Incentive Funding upon (1) the CRA Board's acceptance of a sufficient annual Systems Audit Report, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the documents evidencing payment by the Developer of ad valorem taxes for the ��8 , and (n) obligation by the CRA to disburse the Direct Incentive during an curse eding year. is no Developer is in default of this Agreement. Funding g y period or in the event the ¢gid No Prior Mfteof Pled ed EMIOct Yncrement Revenges. The CRA wart�nts and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated oz secured by the CRA for the period covered by term of this Agreement. 6_55 Subordination. Any pledge of Pledged Project 111CMment Revenue pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA,s Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6, 2004, as amended and supplemented. WCW21a Page 7 of 17 5ection 7. ftltri issuance of v C venent. Upon completion Of the Project and prior to the final Certificates of Occupancy by the Ci the Developer pr shall prepare a Restrictive Covenant Agreement meeting the requirements outlined in this Agreement. The Restrictive Covenants shall be approved by - the CRA which approval shall not be unreasonably withheld or delayed or conditioned. The Restrictive Covenant Agreement shall be recorded and shall contain restrictive covenants including, at least, the following temps: 7`1 Restrictive Covenants. The restrictive covenants governing Certification shall include the following: 7.1.1 All Units shall be certified to achieve the Silver Rating National Green Heng Standard and no restrictions shall be adopted which prohibit or limit the ability to achieve or en maintain said standard. The Restrictiye Covenants shall also provide that three EV Chai shall also be placed on site and maintained as reflected on Exhibit "E"; ging Stations 7.1.2 regarding the Reference to the Occupant Manuals and availability of Training green attributes of each unit and the Project as required above in Section 5; 1-1.3 The Restrictive Covenants shall terminate at such time as this Agreement terminates as provided herein, including but not limited to Sections 4 and S; 7.1.4 The Restrictive Covenants shall reference the required annual Systems Audit set forth in Section 5 above and provide the CRA the right to access the units during normal business hours after providing seasonable notice to be audited for the duration of this Agreement. Sectio g• Limitation an the Assi ent of ect Otyners Assignment of the Project ownership to any other entity or personnel, including those listed on the Florida State Division of Department of issuance ofthe Certificate of spcc�� Repart filed �'p� 2q'' 214 as evidenced in Exhibit prior to the void. In this event, the CRA shall nowt be liable forfor the te afthe Project shall make this Agreement null and the - In of this payment of any of the Direct Incentive Funding under Agreement. Notwithstanding the foregoing, assignment of ownership pursuant to the exercise Of foreclosure by Developers mortgagee shall be permitted. Section Events of Def 1 Remedies and Tenni nation. L. Default Upon the occurrence of any one or more of the following events, the CRA may. at its sole di on, temlinate this Agent and any and all Direct Incentive Funding under this Agreement upon occurrence of any one or more of the following events of default. The CRA may, at its sole Option, continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for farther payment. The following shall constitute events of default: 1.1 Any inacmmte, incomplete, false or misleading statements made by Developer or its agents Or representatives to the CRA with regard to the negotiation, drafting and representations in this Agreement or any associated Direct Incentive Program Applications or documents; 9.1.2 Prior to the issuance of the Certificate of Occupancy Morgan Boynton Be for the entire Project, if ach, LLC, the Deeveloper, is vacated, abandoned, or closed or otherwise ceases to exist except for a pennitted assignment or transfer of such limited liability entity;. ONIS021 4 Page 8 of 17 .1.3 Any breach by or failure of the Developer to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect and the Developer's failure to cure the same for a period exceeding thirty (90) days after receipt of written notice from the CRA of the breach of failure to perform. If the CRA determines that the nature of Developer's default is such that more than ninety (90) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said Mday period and thereafter diligently pursues such cute to completion; 9.1,4 The making by Developer of nay general assigomen4 or genes arrangement for the benefit of creditors; 9.1.5 The Sling by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against the Developer, the same is not dismissed within one hundred twenty (120) days; 9.1.6 Appointment of a trustee or receiver to take possession of substantially all of Developer's assets, where possession is not restored to Developer within ane hundred twenty (120) days; 9.1.7 The attachment, execution or other judicial seizure of substantially an of Developer's assets when such seizure is not discharged within ane hundred twenty (120) Gays; 9.1.8 Should the Site Plan, building or any other necessary permit expire at any time, and should Developer fail to apply for a renewal or extension within sixty (60) days of the expiration of the permit or Site Plan, then this Agreement shall terminate and be of no further force and effect. 9.1.9 Should the Developer modify the Site Plan in a material manner, as determined by the CRA, with regard to the Silver Rating National Greco Building Standard elements of the project and/or the square footage of office space without approval from the CRA then this Agreement shall terminate and be of no further fame and effect. 9_2 Rees wiles. Upon the occurrence of any one or more of the foregoing events of default as set fortis in Section 9.1, CRA shall at its option, give notice in writing to the Developer to cure its breach or failure of performance if such failure may be cured. Developer shall not be entitled to any Direct Incentive Funding disbursements until the default is cured. - The CRA retains the sole discretion as to whether to disperse any DkwtIncentive Funding withheld as a result of the Developer's breach or failure to perform until Developer cures the some pursuant to this Agreement. Upon the failure of Developer to tune within (90) days or such longer reasonable period determined by the CRA if Developer is diligently pursing a ante, the CRA may exercise any one or more of the following remedies: .2.1 Terminate this Agreement upon not lees than fifteen (15) days notice by certified letter to the Developer at the address specified in Section 9.5 of this Agreement, such notice to take effect when delivered to the Developer. 9.2.2 Commence a legal action for the judicial enforcement of this Agreement. 9.23 Temporarily air permanently withhold the disbursement of any Dissect Incentive Funding disbursement or any portion of a disbursement and discontinue any futthcr disbursements. M419M14 Page 9 of 17 2" Take any other remedial actions available at law and in equity. 9_3 Attorne 's Fees smd Cosft, In any judicial action arising from this Agreement the Prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, to be Paid by the non -prevailing party. 2 _Law and Remedy. This Agreement shall be governed by the laws of the State of Florida. Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any oilier remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by nay party of any right, power, or remedy hereunder, shall preclude any other or farther exercise thereof. 9 Strict Performance- No failure by either party to insist upon strict performance Of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance (or with CRA's knowledge Of the Occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and even, 00YOUsIlt, Weement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, Provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. 996 Remedies ilnder Bankruptev sad Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other no becomes effective against Developer Or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. 2_7. Termination. The obligations of Developer and CRA shall terminate upon the earlier of (i) expiration of the Direct Incentive Funding payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods; or (ii) failure by the Developer to complete the Project before July 30, 2017, unless extended as provided by written agreement of the parties. M41K214 Page 10 of 17 Sec^ tion W. General Cnnditiaas 10.1 CRA's Maintenance of Re r and Annual Account FMdjnL,, Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect the terms of this Agreement. Such records shall clearly document for the benefit of the GRA and the Developer, the Base Year amount and the annual Vraject Increment Revenues collected by the CRA attributable to the Protect and the annual Direct incentive Funding payments owing and paid to Developer under this Agement. 1 —2 SROUsars and Assl&- The CRA and Developer each binds itself and its Partners, successors,administrators and executors, administratand assigns to the other party and to the partners, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion, this Agreement may be transferred by the Developer, 1?ded, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this A.greentent. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA., nor shall it be construed as VvMg'MY rights or benefits hereunder to anyone outer than the CRA and the Developer. In the event that the CRA determines that the Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the DeveloW Notwithstanding anything to the contrary contained in this secti of Occupancy, Developer may asst this � prier to the issuance of the Certificate assign Agreement to an atiiiiate of Developer with the consent of CRA, such consent not to be unreasonably withheld. Such assignment shall not relieve the Developer of any of its obligations or duties as set forth herein, After the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer without the consent of but with at least 10 days notice to CRA. dealt with 1IM No_ Broom CRA and Developer each represents to the other that it has not any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage co wnissions, fees, or other compensaticm by any pmson alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 10—A Indene>iication and Hold Harmless. The Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, and causes of every kind liability, expenses, losses, costs, fines anddamages, including attorney's fees, and character (sometimes colvy "Liability") against and from the CRA which arise out of this Agreement, except to the cadent that any of ]Ceti el the Liability results from the negligence or willful misconduct of the CRA. The Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acktrowlodges the receipt of good and valuable consideration provided by the CRA in ant and e this clause h accordance with the Haws of the State of Florida. This paragraph shall survive the pport termination of the Agreement. 145 Notices and other Commnnieat'-0M- Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served Upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desirses to give or serve upon the other any notice, demand, request, consent, communication with respect hereto or to the Project, each such notice,demand ue approval p other or other communication ' � � cO�� (referred to in this Section 9.5 as a ` Notice'l shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served 009160214 Page 11 of 17 by(,) certified or registered United Mates Mai], postage prepaid, return receipt requested, {ii delivery with a signed receipt or (iii) a recognized national courier nervi ) personal service, addressed as follows: If to Developer: Tom Hayden Morgan Boynton Beach, LLC 650 S. Northlake Boulevard Suite 450 Altamonte Springs, FL 32701 With a copy to: Gerald Blendo MMai Wald Biondo & Moreno, P.A. 1200 Ponce de Leon Blvd. Coral Gables, FL 33134 ff to CRA: Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N Federal .Highway Boynton Beach, Florida 33435 With a copy to: Ken Spfllias Lewis, Longman & Walker, P. A. 515 N. Flagler Drive, #1500 West Palm Beach, FL 33401 10.5.1. Any Notice may be given in a manner provided in this eit er party's behalf by its attorneys designated b such moment on e7' gn y party by Notice hereunder. 10.5.2. Every Notice shall be effective on the date actually received, as indicated On the receipt therefore, or on the date delivery thereof is refused by the intended recipient. 1.0.6 Time is of the Essence. The patties acknowledge that time is of the essence in the Performance of the Provisions in this ,went. A.Z. Entire ement. The CIA and Developer agree that this Agreement $eta forth the entire agreement between the parties and that there are no those stated herein. None of the Promises or understandings other than prxmslons, terms and conditions contained in this Agreement may added to, modified, superseded, or otherwise altered, except by written .instrument executed by the parties hereto. 1W Exhibits. Each Exhibit referred to in this partof this Agreement foruns an essential Agreement. Any Exhibit not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 10'4 103MhUhL If any provision of this Agreement or application thereof to any Person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement and the application of such provisions to persons or wtugtions other than those as to which it shall have been held invalid or tmenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ONIS 214 Page 12 of 17 10.10 Priority of lnterorefetion. In the event of any conflict between the terms and conditions of this Agreement and the Direct, Incentive Program, the terms and conditions of this Agreement shall prevail. 10.11 Heaton s. Headings hewn are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 1012 'Murl - All parties hereto understand and agree that the CRA does not intend to purchase property insuxancc in connection with this Project. 10.13 Bfnding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this ,Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement, Section 11, Recording, 111 This Agreement may be recorded in the Public Records of Palm Beach County, , 11.2 Any obligation so created by this Agreement shall be, effective as a lien only upon the recording of such lien and shall be subordinate to any mortgage applicable to such property. Notwithstanding the foregoing, nothing herein contained shall be construed as creating an obligation hereunder upon any mortgagee or holder of other swmty interest including deed of trust prior to said Mortgagee or holder acquiring title by foreclosure or otherwise, This agreement and the rights and obligations hcrcunder, including without limiting the generality of the foregoing, the Restrictive Covenant, are subordinate in all respects to any first mortgage lien now or hereafter placed on the Property. 11.3 Nothing contained in this Amendment shall be deemed to be a right in favor af, or a duty to, the general public or any tenant occupant, invite, trespass or person or entity of any other status or cIassifcation for any reason, use or purpose whatsoever, whether public or private, it being the intention of the parties hereto that nothing m this Agreement, expressed or implied, shall confer upon any Person or entity any such right or duty. Rights granted to, or duty in favor of a third party beneficiary are neither intended nor granted. ilA CRA Specifically grants to Developer the right to obtain a mortgage for the development, construction and ownership of the Project. CRA understands, acicxowledges axil agrees that this Agreement, including but not limited to the Restrictive Covenant Agreement contempld by Section 7, and each and every other obligation, term and condition of this Agreement is subordinate to such mortgage, its modifications and amendments, changes or replacements, and for all mortgage shaIl be, and treated as or in right purposes, such lm ght and time to this Agreement. CRA shall, if requested, execute such additional documents in recordable form as may be necessary or convenient to evidence this Promise and provision. NeWon 12. PubTc Lmords The Boynton Beach Community Redevelopment Agency is public agency subject to Chapter 119, Florida Statutes. To the extent the Developer generates or maintains documents considered ONIM1-4 Page 13 of 17 public records pursuant to Florida Statutes as a resclt of this agreement, Developer shall comply with Florida.'s Public Records Law. Specifically, the Developer shall: Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; Provide the public with access to such public records by providing the same to the CRA upon request on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla Stat., or as otherwise provided by law; Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the Developer upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of Developer to comply with the provisions set forth in this agreement/contract shall constitute a default and breach of this Agreement. If Developer fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement. Section 13. Total or Partial Destruction. 13.1 If the Project shall be damaged by fire, the elements, unavoidable accident or other casualty, so that compliance in any material respects by the Developer with the agreed upon Silver Rating National Green Building Standards as set forth in this Agreement is impossible, interrupted or frustrated, or if as a result of such damage by fine, the elements, unavoidable accident or other casualty, the obligations, terms and conditions of this Agreement cannot be carried out by the Developer, the Agreement shall nonetheless remain in full force and effect so long as the Developer commences within thirty (30) days of the event the obtaining of building permits for the restoration and repairs and once issued diligently pursues such repair and/or restoration until completion. If Developer has not commenced repairs and restoration within ninety (90) days, the CRA may terminate this Agreement. It is understood, acknowledged and agreed that in the event of damage that exceed the normal and customary insurance deductible of the Developer that Developer must apply for and then receive insurance proceeds in order to commence restoration and repair. So long as the Developer timely applies for and is diligently pursuing the receipt of such insurance proceeds, Developer shall have complied with the preceding regwrernent provided such repairs and restoration are completed within six (6) months of the dates of the event. In the event of a natural disaster, Act of God or similar major catastrophe the parties acknowledge, understand and agree that performance as to repair or restoration may not be possible within the time frames stated above and the Developer shall be given such time as is reasonable to commence n7airs and restoration and to complete same. During the period that the Project is being repaired and restored, the CRA shall have no obligation to disburse Direct Incentive Funding to Developer. If repairs and restoration have not been completed within one (1) year of the event of natural disaster, Act or God or major catastrophe, the CRA may terminate this Agreement. 13.2 This Section 11 shall be paramount to all other provisions of this Agreement, including but not limited to Section 4 and Section 8. W41W214 Page 14 of 17 )SIGNATURES ON FOLLOWING PAGES) W410MI-4 Page 15 of 17 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES MORGAN BOYNTON BEACH, LLC a Florida limited liability, company Print Name: Print Name: Title: Print Name; STATE OF FLORIDA j COUNTY OF SS: BEFORE ME, ars officer duly authorized by law to administer oaths and take aclmowledgramta Personally appeared asof GULFSTREAM GARDENS, LLC, and acknowledged under oath that helshe has executed the foregoing Agreement as the proper official of MORGAN BOYNTON BEACH, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of MORGAN BOYNTON BEACH, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF TBE FOREGOING, I have set my hand and official sea, at in the State and County afnmmaid on this day of 2014. My Commission Expires: Notary Public, State of Florida at Large [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) [CITY SIGNATURE ON FOLLOWING PAGE] W419MI.4 Page 16 of 17 WITNESSES STATE OF FLORIDA COUNTY OF PALM BEACH BOYNTON BEACH COSY REDEVELOPMENT A CY By: Tayl SS: B PQrSonallyEFOn M14 an officer deal authorized by law to terZoVhskayndl�lLake aclmowledgmentsCOI�IlVI[INITY REDof BOYNTON executed the P AGENCY, and acknowledged ender oath that he/she has foregoes Agreement aS the ,proper official of BOYNTON BEACH COMMUN1Try RaDEVEI.4Pk�NT AGENCY, for the use and purposes mentioned h� and that the BEACH COWA'Mrly REDEVELOPMENT AGENCY is the Y wn to me or has duced identificatiaQn. is County aforesaid an this uW&y of My Commission Elcpires: I have sat rjy hand and Notary Seal at in the State and at Large Ki. mme Tmb=Lt Z10419M14 Page 17 of 17 BABE VAWE 60 AL I"46* 1�1t1t10�id Wagon Ad&m 1013 (1E! R& Um mwopft somal Na Orldd ReuxdJs IN& 24000 lris mv Sdo Dots 9'Lr2011 TE1MYN OF WNW ALL OF OU 7 012 W M pn, ALL OF TOM 09 W1nandpon IOYWM11VPLCFNX121MPalSM1iAPTOFAMDM2 DAUL cown meso 'S'A1'S'TOt� if®!1� LtrC PD ROK 1:50ia SFMINNE MMM 0 00225 5M SON 1m Vft ONMOWNP to lop Owew immi 1 $SAO 24000 / 0027 CST OF T"m CAP,1MB NBM LLiC M*QW $950AM 1!074 / Da69 Yi WAMY NED SDYN10N VEI WRIS 1 LLC M&IN" $100 0i55a/=7 CMroFTmE DtK'r1 m 6100 Oji / 0515 CERT OF TTRE wFl 094 $100 0067/01% CUT OF TITLE 1a NOR" I I Rim - Mb left AVWh ts, MmAwr of uNts a "1'99 Sq=m ftS 2937 Aam 4.5171 UN Cads I M - CRUM ONE "M AWN M 41- Mural We 100b L MO MIDN UACft 792 Y WIN 2012 1e+PtVa!■ MdVdists $51.404 (29.590 579,471 Lod IPAW 55.017.533 $$.54117 $3.541.7N vow Mbiwvdm $a.OG0,017 i3.S6S.370 $315B5,250 To Year AaNM Vdae lmMWll;eAwWM Tow"Mon Tial You Ad Vetm m Nan Ad Worm Toed to All vW= ete w dje my ist reds ym =4 all's 1i�021.91ti S9„594,J' 7a to 00 �J.p21,!!1 ti $9,585,971 W4 2019 $97.304 $r :> ; : . $1.065 .SM $a1,t120 =M WiSASS $9 M.58,25a alta No" 3011 581.071 EXHIBIT "C" rip 2022 7032 �is.R�rrr�nr5rcrw-_ •�•••M+w..wrw..��w.��.�.... i�.r..r.�rww. �7b�1�.0arrq/A�O6MNr �aNrW OM�SRONaai FafuIMO.� Mw�Obrr<ve AY111R 4raY/ues Ode wYirw ��ti� W Ora OOMMaYYr �R� .alb rsa a.•• ev r•r�MarLLa`illa t. re.. aYI W arl/.iKlsur l.Yf reGa�ri. as �.1W pbYnaiiLLlS.Kd.yd,.SaY 1rr1a��Y..rr W.tlwnvrm YNIQtli.dt<•YP+m4rlKWYe.as.: " l.etpY{Yry.aea ']aS-Sb�re.lts ILL.lY11m�M aa3wMtlideawinmapm.lYar.W..l eraarlra. Taal IIYliaws rsr a.aa11.r3Y rr� p�yfblYe b m1r1 Yyy1 y11 fLL.anmC fOLLlI a.l aYaa a.l rraS raa a>LYi1raYY'eaaMY.aa.awd��wy NM lYW- Oep.YLL.YaMwYYla rm LLmSVLLiO �r aaasf sw.w.�am W Oaap.iY ti YYriOa lr.4r1` S1w aoul�laa aaSia Yaalah1W49araa4aYYill..idb LranY1 ISrI m3aawa+arYrra..r Yder. Y.+.mYaanmYenY wnpMrnre.lrryawr>w.rlyd.l Y.YreYaaaaY lY�. Ys�al.�wwlMb rFe.Y Ili 4 � aY W a.P�.3YgANwaYlbaaarYlbwriva. laaup Mellwe bray feria.Ym4'S.'waeitMnNaaYYirArKgn.�Y � orranwrrm..Y.l+mwYamwpa.riw. lYuaa anaYa. rrap. Yfam aesaxniwrmbra.uaira.waiawu/.a.a.+wa lr+rr .la aaaan msmayurbm®la.N.Ya MaMYvlheW MLiar.wwYrrleaiwrm..ml..r.�wre�,.eos+s rar,w re aou Y+a.r Anrl YMYYbr Ale Wa M hl WA .r.lrYwpaaarra,mnya. rer..rraraararaapis nlc a.ai r.r.w.aeai r.rpT Yar A 1!w ara w•m a iYl3-iwrww:rrn.waYuyarr..r,..lrir.ti.v.sarro. Ir W1ra�lYaA.naa Wmayaiiie1M 1519p}aY. WL.Y..ir rd3wnbW raaw..c a. YawwYrYOYaYeaWs✓,�o.i3 I.PYwYOalrabl.YiapaS.TaalpYBm.rlo�a tIIa.e.�/rt aan..r.YrKY.O.aSlY Wiapw'raat MiY®11 wraw CoiuMlrfll baLLVe • pry fans;YaAi.OHiNw14S8` ¢3100r�Y� an>iYlb�lra.yre.r.a era is YYlamaiaK �Y..r.ids aYaraYa ss a .ar .rrm a r a ias a 1A.r.ar. .nYp. Yar ae Y e � r a an. .rr Isla Uelr aYbMe .nf hrManAf3YaAr11uY{Iwamm.marY1►�.awYrwYwwY�e.YO wlarYl rYA ai �Y3/Adfabp.MA iYw{IIMIa.bavrs�MTYYfgA4.1LW1a IYb eiarl�r. Tdr rbwlaewr a a iOVS p.yxWnPwAraaiwLal..fiawe.m bYarAlaii.aa arllfa.iymy.vr..m.npm.abra.wprrrYMlrYaea. S.ia.R.arwararYab.rariiveaibb.l� na}.rbw. v.tl.tlanaaCbwMRR S 3LLaan..a wVRYpaaalaebY .tlfaY• ]1SSlIL 163.An-ol- Q. rl.apr TamTaLLYII� 701M.1N3>Ie.r Tf T*b7om AiY7Y1.S7(A fa<'l1Map� anb.y e uaw linin a a uaar ivaas __ � y oumr � .uas 1 f Vae .uear� � u sA _ r r.rsaawcm. r w.�rnw. . .wr.rar.smvr IM ao�ep as >s i.dua! u s n roln.r.ra . ■ aua, n.mrn . o,w orrrrwr :darrm.sw.a..aaer. a malr ■ rw.rwwrra r ..a.rnn .rM wrrr •� ------ MbrwdYr.r.p.r..bYi.r.�i >t r W MAMM h.dN.YWWfrttllr�. r.rw.R4.lY raaM■ Rts Mandnrr,n r ra•nw�r.lwr.rw.rd• ■mfrs. aem.a � YM muwerrewe.arir�l.r�.anw.neiMrr�ae,t rrisir t+rwaafp�i. aYe�Wr3w trrw,am. .rYeau�p. trroaayq �saimpr.rrrr .. rr...a...nr.niraw. s "�.J Pr.lrl.f.. YrYrib ✓dr. W■AJI.i.CAar.l. e.YYI 1WIai.WYh1Y. fICC1.�a.a/,O�ir.. Mlmail. 1 .W Wa W lra(e W IVY�+�Y.riRirrbi+nlsi•W1.rM14 emu v.a n u a r irLLa .rm,.n rr rasri.r IR,II.wflu eYlre>01r x...r.R ` > �r.ri.rrarrewa.wa.ar.rr.r..■e,a.anu a +aat W. rr.nrsarw4wMr1Ne1■..ui�i..er„,wa.y a ...Mwb Wn Sar��prrrWi.MIdlwla�aw.rr�Y •wi..M 1.■Y. 1. am..xrr f sir. a .Maren. =.+r a +.,aarwa■er rr■.rrrY.rrrrwarir.r.r.... . 1saa Yid�d.■.. Warm Yerrra.a..,ri.�p � nrr..r.r.y� nr rarera r.... rd.rd.wr.r Yww....yraa.r e1Nle.e� paw.w.�Yrrri�.rnwwr.,■av,ra r Dai ..9is�errars N�r.K..wlwws s ��iwrif4 .■arrseeWMr r ' 1.rr.} wwra y Wn,.rrr rr..rwairrnr a rwlr..ulrrr.wY er�...Itl..Yd.(r.Y YrMia +rrw�seww.rk.M.rrn arrr.r.. w... r w+.....rr•d ra rrr^rnr w. ..M■r..rillY.r, yanrrw r aan■.rwu4radw+r.,rw.r+r:r.r w..rrw.�r....rrrrm y Marr■w d,.r.r G.q r.r rYr,�r e,.rw.�r ■.rams■urnaam.mru A ..r.rs.r a r.w.r rwen.enaar, � lovia.4�weomwwmwo wnrgMyrdw. r■r a 1 each.�u.��oknwwmwm:eaar.,wr.�r.ww...+4 w++� r�ww�r.�rYnrrr�.iY+ti �.r�w.�}w.�aMwrr �mri��r� W �nae.nmrom�u�r.rwww.w��a��wrw �r�..,�wir.a.wFw^'wN�sm�.�5s�aywwisu IIV aaM..YrrrrnwvAr W �rrwreleyr.M►im�dM r ilr F.rr.rw rm.r rrYF.+W...r � ow wr.cr .iY.r..r�WW fwa91 wr�rr4P......i mr�bAipwNNAC w � + Fdo.wwstAY4�lairs� 4 •.fpnmM r..Fye nYllw Y.i4Y1. brY. NA ✓•r.. ri rr.Far r1,10Y m..rrrr! MEN o•aprl[M.. ! AYwYVrwrl�rebnY .nrrY�.r MM.• W►tafMeorh.NNW.MrY1.tbY�xdihaatls.den Wl/d�rrWljtllrimyl�/psY..srYr,.ppR .}.m.Wb..rb•.� WArnr..W W Yprlr.r.iyApiedr a wW.irkors..e...r�r..r.rF.w.mmM W.rmrvs Rdri ! Ar�rYmw.um..yrw.rWfw.rr•svri�rM ti"r4.� Mlbvirw•ewls ArrrrrAlMwn..M�.i..�ie1q II�vIA W NI[1n111.R1r+vawOlR Fre/w(Ow � W a(r.r p.ldr.W .MnYiWY Y Wrern M rL1Mb.iR.m�iIAR]ewW.PYrRO�YIbYYAY1AM 1Y.M�F r4 nl..i.111Mr.lt NOLYwAM.en a. V r1Y bei �wy.�.. f a�rdmMwNn r Y >d,W44Mmrb rr.e4irWi4wagr.[.r u AMr r m am.ioyAam.�rmrr,Y.w,d.Yrre.rsstrrr. m m s<ip41rn.1.rier.iei IaW.�imi.vYYI .ry m �wWr ��4w.idr.inlellr .Tran m w.r r.r wsggW ��rre. .n. wwriir Y.rlr m ar.aY.m�rownwryrewrx rd.ti m iomYW.i.owremWrMbprtWm6bus bwrww u �{G�IOY.WrmwyYe+drWriM FYI.1.yiiYrf m YwuDi.b i bem/FYiairoa aL4Sa.r.r.bneY6nrrW..ra�P.Y r..bmr m m 141.ipgA rrr.rw gr.rar 1.i N61wM.Yav��reA..om'i..rm.n mib{ Y FrYrmm... rrrdm r rwrrrrur rr W rrl+4rr ...r.r^r� W q.mArrirnr 1e�r.mi.RmY.irl.NYw.airY1.....eY��n.lYrnYr. wr.cr ww.r.r wrww.e�rr W.r.rrrsWre.rr ■rrr ...mrrirwi..rwme iei=..miwr.ner.t+aar 4.ndgaa�Ym.oniFel..by�rrrA�nr.diMMtli.W n Yer rhrr.�.arr.nr rn. YrY��m awrwr r er.r. w.rAtieYe F.rm'.rr�rimi.ar.do.ea wrwaeWNaewearWaus rre..rnr.rwr+riWi�. �i��` Aalwviasriea.vAAaur aCZ, Yr+rinw rw•i a A iYpr.s miC.11el./ar Mrrrr/ W N� Alri..r Y�nram..rYr.r.s..yq. ernrrs.raprrlrrrr�.rr.ayx.Fars N•rrry W WWllNbyR.rbnrrWm br..p.gOYrq �! _ rwr rn i1A�Agd4wrdF.IbtrYNrowrrrryY.�p.F.M/ m W m W IOILY9AwA..re�M�iY.�y�eh�r+.rsrrmrWr m MM R AYy1r r nWyF Yna =N\f11MI.r.virYWr rIWYi.YI�F�m At/.�pbb 1.MAnr YYrA m •_'-___- Y In..Y mlvrYprr WwAr(AoeYa(iM9tlo11aLY¢ yptll�y 3 ww>fnA�.n.. i raW.KifrY.M.)I.nrrn Rrr .aarmrrrr w.Wy RA. rlgy MYniemnYSu/ir.iMr�lw1W�Y rrMYFi W m W drAw4w.OnmgpuYW rp.i.q .n�YrprllNr .rbMi..Im.p.rb.wiYYnr�Plwrb`NbYailmb6 m 1/k 1rnWr.aer.l..lrri Irarrwrr.rrr,r �s.mr4e.�Narr4nairWe.eWYrrYrs..r u Yee uei m m�QMrIMdWMelb.ilMTmwpplswmMykWe4l@�v Y la+ ma�hm.rxn.nMh.�waerw e.. h..hwrer Y h.+4.an+e..o>for�+4h++um1►�ew� Y ue wwr.r ef.nwrw, � h o. YwiMW��Y�Mr�werwii.hsw..wb4iL AWhAflIO�JI�KA�iTTWHIR YYW otl! S %MiM��11trd��MlnlwAR.�Y11YAh/�nMp�h•Tif� �yf W YYp�htt wV.'sli� ihr �.sw�R..k rri.�ee�.ww.wMwi.na.or..ndWwma u hht hlry� ur#hy,rarro di. W MMacNw IMY.ande�0.in WMeImY� MYN�ar M�.r.e� M^rrr�11� YYMIItYtwwmhr.ir i!r .�h1W .� Y h4 hd�Wpwb.Ws.P.Rtm4eL7.4�aiAweNW.FaP.� sll Nrc m�N/�.hvb�1�Y�IFr�.iiir�u.rdhT.r.! Y RK �.b M. I.Y.I.hll.1/le Y Mt ■h.srwrNf+dtluY.eglhh.kYihihrr� Y 11. wuM�.+rrrt ...�whge.hr��.•wmwrwwa Y U.1 ern.ua..eap�.nruraxwMwsiurie.r alnesi.rd+re.u�r� pkmMesad�wioYMl.wilaw hrw.meY an �+o�ha�ill�stlh. wu pns.e��homMe[ �AluaeehnbMenhM�wWn Minh Yi. W M W W W C) CL .a uuj CL Ul F - o SaA In F1 A � � y y M i LO mm � O !li W O iA F IL r m O g Cl M N g c ti v i I SaA In F1 A � � y y M i LO mm � O c. O iA F IL r m O g Cl � y I SaA In F1 I � L F R7 y y po LO mm � O c. O ai F IL r m O Cl � y N g c ti v i N �qy a $ L F R7 F c. O ai F IL r F is Go ��py 1�pyj FLL o AL Fm y � � iN O '80 v ' F ,r a ER L _ +� 40a+ f 5� moo' F , I.MIN _ M64' admp aim VAN 'EMN1111% A. ! I AF . # ti . i i EKNI rrNFW M 04m Snnoi monftwit Pbri GmmftNftM are HlarlPAIdse UndI d 7ha Ifadawft Ween b mewsures wID be madam annwNy Jn coram a ams mnd mdduaW unb Inamordanm wJth the unitompfirpi plan. daahhhhahh Ams!toes f FurallonofEVdmgftla.",I; Vm*thet lrr(gatbn system fa flamesft as dm jpW (nowJes and =ray hmds,sard W +� Vertfy that Wriff moron sahaeront NO fUrA*ardthe N1entdJ Nrdtkwu d VhW JmPwdon of WWI am elape. The falkn*n g we cmWked, pWmiK mother SO4W til, a MW4 pwwtratbu m Mndowa„ doom *+tis am aaulferalAt flw had, soled mpproprislafV m QperhhW betuman wWm and door amembft jambs, iUama If Va!8fy alhowo hood: and bumbremain InMlbd as dashed in"w Wftj adsj ✓ Chs* caftan monoudda derma Check that MERV 8 ffbm we AN bdthg used DW aMOW aonerdan Is swIn and Kitchen +admm head fwrctom pnspeiy '� tat w�mterheatkaR plpa fnsulai7on + taowW oaorTiem d Lem behind an andvoti ml hrochum dot MnF ' Jim bWWkig ftmms and enagW wnwmNon tips, tlrersieostar canard sort pmlehhz o hmnaAt of btrrrng I� ail gram OWWO mame e s ille mammon Plan Tach rest 6UNI unit will be vedW In amwr&g= with tom, mon plan outlined in the table below. ExRlaff NG! 2M4 - LWKMDMVMM now OOWMEMMMOpg6 M7 ERft MMMMOMW BOYNTON BEACH. LLC Cumm Pry POI Phme of aunt s : :BOO PONOS Me LEON BLVD 0OwQAwJqL R 83184 CIAMM MWllrb A dd ism; 1200 PONCE DE LEON BLVD 0ORAL L , FL =134 US FS MWd wr.414505 M NB end Addmw of wR4er+ d Reabiwed MwV11YAlDaMWMQwW&PEA@ PA. CORAL MAMM FL UM LE Rim Apr 24, M4 SMy of Ss c .1lla+ria afst" Dambitfifes TDtdowmmwm miAaar*k , - orMia�ivpurpwsol �gp�d � d a►w iotlslfierrflS�RN skmirum. swum* abat" d PAIMMad Ap d AAdtmdmd Papson(k)VWW: �• 41aRp NMne MORWkROBSRT Ad&= 1= PtlTTBP= VIOM RD PnTSFWO W UU4 Tmm VP wou HAIVOWITUM Adehn W s NORTHLAHB BLVD IM 490 ChNN404: ALTAR WR94®B FL 3FM 70 Mom Nom LSOMM UMADUR P Aden. SM a WORTMAM BLYD ME 40 ow *ftb0 x ALTAIIWL WMU FL MMI 7a VPS Nmw ORiOWK FRAW Aos MaNORMLMMBLVD VE400 Ck%8MW ft ALTAMONTA BPIMMM 1-L Uoi 1 iiEltRbW�I�e111FaAdar �aRL�r�aoaYwdNlKqrMran6�WRri�IMrih�rwlrb/rloirir wM; tr�� p+�yAp1'RM�O M1��1C� F4w4w mA0wl M/M�Ol�dbiurYlle.l�ljm MAaq'-wp� own% ---00A *mw ni►epllvtll��1 �F�IiYAyira7q lG4i�� SIGMTU : SAN. ROW RT MU RP o4r 112014 �.ohodo $�. d Bldg AuR�w�d PMlanpe) DMrr Orae Meeting Minutes Community Redevelopment Board Boynton. Beach, Florida February 10, 2075 A. Consideration of Direct Incentive Funding Agreement for the 500 paean Project between Morgan Boynton Beach, LLC and the Boynton Beach Community Redevelopment Agency - Tabled 12/9/14 Motion Mr. McCray moved to remove. Mr. Hay seconded the motion that unanimously passed. Ms. Brooks explained they had been waiting for two items. One was the proposed green elements from the developer, and the other was how they would be monitored over a 10 -year period. When they were received, she worked with Andrew Mack, Chief Building Inspector, who was LEED certified to ensure the project met the green building criteria. Morgan Boynton Beach, LLC, had requested $3 million upfront and a 15 -year TIF agreement. After negotiations, the request was for a 10 -year TIF agreement and no upfront funds. Ms. Brooks emphasized for the benefit of the public, there was no upfront money from the CRA, and they would only be paid when the project was constructed and on the tax rolls. The CRA and the developer would share the TIF created by the project. She recommended approval of the development, Tom Hayden, Morgan Boynton Beach, LLC, confirmed Ms. Brook's comments and advised it took some time to reach agreement. From a personal perspective, he found Ms. Brooks to be extremely professional and to always have the City's best interest in mind when they negotiated. He did not find anything other than her representing the City in a fashion which the Board would be proud of. Mr. Hayden explained they hoped to commence in April provided approval was given. The plans for the garage and site will be submitted at the end of the month, followed by the building plans the following month. Vice Chair Casello had also met with Mr. Hayden, He commended him on his patience and Ms. Brooks for making the project work. Mr. Hayden explained their faith in Boynton Beach had not wavered. They believe in Boynton Beach and were looking forward to get started. Mr. McCray inquired if Mr. Hayden was in agreement with no upfront funds and the 10- year TIF plan, and Mr. Hayden responded he was. Mr. Fitzpatrick inquired about Section 8 limitations and read a provision of the agreement. He inquired if the project changed ownership if the TIF would go away and Ms. Brooks confirmed it would. Daniel Spotty, 805 N. federal Highway, wanted to ensure Mr. Hayden was aware the Florida East Coast (FEC) Railroad would be running 30 freight trains per day within a 9 Meeting Minutes Community Redevelopment Board Boynton Beach, Florida February 10, 2016 few yards of the project's apartments. If All Aboard Florida was approved, 32 more passenger trains would be traveling between 80 to 100 miles per hour a few yards from the retail stores. He commented the project was laid out with the main entrance and exit next to the Ocean Avenue railroad crossing, and he should expect 60 or more closings per day, backing up traffic for tenants. Mr. Spotts explained the quiet zones were not guaranteed. He inquired if Mr. Hayden was prepared to assume the moral, if not legal responsibility, in writing, about the plans for the railroad and asked if there were any tenants lined up. He asked the Commission what the $4.4 million was for and understood at first, it was described as an investment incentive. Then it was called rental support. Now, it was described as a green incentive and they would be required to install three electric vehicle charging stations. He asked why the CRA was paying for this and asked how the $4.4 million benefitted the existing businesses and residents of the CRA District. He thought it looked pathetic the CRA was paying WalMart $2.3 million to locate to the area and now another developer $4.4 million for this project. He asked if limited liability corporations have guaranteed tenants. He explained anyone could hire a crew to build empty retail spaces and offices, but believed a developer comes with guaranteed tenants. Mr. Spotts indicated Ms. Brooks claims there is a shortage of retail space in the downtown area, and pointed out that half of las Ventanas, Marina Village, and Ocean Walk were empty, and 100% of Casa Costa retail space was empty. Over 21 businesses left the downtown and Mr. Spotts believed if the CRA subsidized the building of more empty retail office space, it further decreased the rental and property values of those who own business property. He did not believe in the "build it and they will come perception," and asserted downtown Boynton could never reach its full potential while 60 trains a day pass by without stopping. He commented the CRA would continue to waste money with this and he wanted to know if there would be guaranteed tenants. Chair Taylor commented the TIF funds do what they are supposed to do, which was attract businesses to an area that would otherwise not be developed. They have been working very hard to develop a downtown for Boynton Beach for years. In order to have a downtown, one must attract businesses and have a population to support the businesses. That was the purpose of mixed uses. Mr. Merker commented Ms. Brooks spent a lot of time and effort to make the development successful, and he gave her kudos. He understood about the trains, but pointed out other cities face the same issue and it would not stop the City from moving forward. He strongly believed in Mr. Hayden's project and wanted it to be successful, so the City would be successful. He wished Mr. Hayden success and urged all to be optimistic. Vice Chair Caseilo addressed Mr. Spotts' comments made each week about the train and explained the train was coming and they will live within the parameters. The project, which proposed 341 apartments, would bring people and residents to the area, which 10 Meeting Minutes Community Redevelopment Board Boynton. Beach, Florida February 10, 2015 hopefully would be a catalyst for businesses to occupy the empty store fronts. He recommended trying to be more understanding. Ms. Brooks clarified the non-credit worthy businesses were leaving, and credit worthy businesses were coming in. One example was Sunshine Square. They tilled the entire plaza with credit worthy businesses. Casa Costa just signed a lease with an Argentinian Steak House and another restaurant. The CRA is changing and rents were increasing. As a result, businesses that were not credit worthy, could not afford the increase and were leaving. Ms. Brooks explained this was her second CRA position and she never worked as a receptionist. Las Ventanas was currently working on lease arrangements. She thanked Mr. Hayden for his patience, and she was glad he was investing in the downtown. She hoped many of his tenants would use the commuter train, when it arrived, to go to Miami, Orlando, or wherever they wanted. Motion Mr. Hay moved to approve the Direct Incentive Funding Agreement for the 500 Ocean Project between the CRA and Morgan Boynton Beach LLC. Mr. Merker seconded the motion that unanimously passed. Mr. McCray explained an individual made comments about a receptionist and an individual .responded. He thought it was redundant and comments and personal attacks bothered him. He urged all to move on with the business at hand. B. Update on Marina Village Parking Garage Management Mike Simon, Assistant CRA Director, updated the Board the Marina Village Master Board voted to institute fees. The fees will be in effect Fridays through Sundays from 7 and 9 p.m. between February 13th and June 14th, which was the height of season. Mr. Simon also advised he and Ms. Brooks had been working on the agreement for parking at the former Bank of America site. The CRA was contemplating other sites for parking and were working to make them available through the same process as Bank of America, Vice Chair Casello inquired if CRA tenants received passes so they would not be charged to park and Mr. Simon responded each of them was given one pass to park in the garage for free. In response to a question from Mr. McCray, Mr. Simon explained the parking fee was instituted by Marina Village Board, not the tenants or CRA. Mr. Hay inquired if CRA counsel should be apprised of the changes. Mr. Simon explained staff sent the agreement that was used in the past for special events to Bank of America so they had something to work with and respond. They tweaked it for long - 11 W� � r`� BOY �E 1 ON CRA #y BEA H CRA BOARD MEETING OF: January 10, 2017 -- Tabled 10/10116 Consent Agenda I X I Old Business I I New Business I I Le al I I Informadon Only AGENDA ITEM: YJII.B. SUBJECT: Consideration of Community Benefits Agreement between the CRA and Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) for the Ocean Breeze East Project in the Heart of Boynton SUMMARY: At the August 9, 2016 CRA Board meeting the CRA Board selected NuRock Development Partners doing business as the single asset entity, Ocean Breeze Housing Partner;, LP to redevelop the CRA -owned property known as Ocean Breeze East. Ocean Breeze Housing Partners is offering the CRA $800,000 for the 4.5f/- acre vacant site at N.E. 7t' Avenue and Seacrest. The property appraised at $1,440,000 in July 2016. The project is dependent upon receiving funding from Florida Housing Finance Corporation in mid- December. The CRA Board has requested that any development or sale of CRA property include a Community Benefits Agreement. In general, a Community Benefits Agreement is a contract between community groups and a real estate developer that requires the developer to provide specific amenities and/or mitigations to the local community or neighborhood. The attached Community Benefits Agreement between the CRA and Ocean Breeze Housing Partners requires that Ocean Breeze Housing Partners: • Work in partnership with the Boynton Beach Coalition of Clergy, acting as the designated Community Liaison • Hold a job fair in partnership with the Coalition and local contractors prior to the start of construction of the project to encourage Boynton Beach residents to work on the project The developer shall gine preference to Boynton Beach contractors for the construction work + 20% of the permanent jobs created by the project shall be required to go to local residents • The developer or the developer's general contractor shall pay Boynton Beach residents working on the project the current Palm Beach County living wage of $11.64. FISCAL IMPACT: If the project is funded and moves to the construction phase Ocean Breeze Housing Partners In partnership with the Coalition of Clergy will be creating job opportunities for residents of Boynton Beach adding money to the local economy. CRAAB RECOMMENDATION: Option 2 Recommend approval of the Community Benefits Agreement for the Ocean Breeze Project and Recommend having the Coalition of Clergy work together with the Boynton Beach Faith Based CDC to better ensure the terms and conditions of the CBA are accomplished. CRA BOARD OPTIONS/MOTION: Option 1) Approve the Community Benefits Agreement for the Ocean Breeze Project as presented Option 2) Approve the Community Benefits Agreement for the Ocean Breeze Project with revisions Option 3) Do not approve the Community Benefits Agreement far the Ocean Breeze Project Mich el Simon, Interim Executive Director CONDAUNITY BENEFITS ACREEMENT For OCEAN BREFM EAST PROJECT WHEREAS, the Boyatan BOB& Camm>mity Redwdquient Amy (CPA) was mimed PxMw& tD Chapter 163, FAw& S1 patu*s, to &Wd the khobilitedon, wagaivx&u, and mdevelopmcmt of cNim shun or bb&W at+ees wltbia fic City of Boyndon Beeth; and WHERRAS, dw CRA operates is fkutwaxw of the Boyar w Beach Cc,mmu2ity Re � Plan (Plan); and *EERBAS, the CRA ie audD ized in own and conveypmpaty in iiw&gmna of the Plan; and SEA$, the CRA inbaads to omvey CRA property to OCcan Bra= Housing Pmbwre, LP ( � to iacaadvize the developme# of the Qoeaa BM= East Project (Project), as dam -bad is "Exhibit NO hen+em, in ftuthemnce of the Pica; and h= anallSg:dMP the co �j of WI RLU the Parties to this C=Maly Benefits Ageement dwite tao ansura that the Project benaEts the City of Bayntaa Beach =dsbant wiflt the Plan; and WHMUW the Project will reanit is taospawy aad P=MwW jobs within the C=om=ity Rede'+re gMMW Area (CRA Arra) in A tha w ofgw Plan, and WHEREAS, the Patio desire to set forth their agceemaft and rmderstmdkW in wift NOW TE REFO'RR, far and in crosidermion of the mutual penises eortai�ued henaia, &a mfSdmy of whish both Parties hereby aelmawlede, the Parties agree as follows: I- Reeais. The recitals above are hereby incorporated as if fully set fork herein. 2. Dem. As used in this Agreemeak the Ubwn cgdalized terms shah have the fblbWkg mcaninp (all defUdow inclu both the siagalm and plural ft.): e) "Agwem='" means this Communhy Beneffi Agvemmt 20"[SUM b) 'AXRCaat" means a City mtd M tater Md in worlvag tier 1]e�.clopSr or a Subcontractor on the Prejeo, eftci amity rasidemb fiftmeted in in perinonaltpositions sn"r on the pm Verty maaagd-eat teem atter the completion of eonsmich m. This term abnll raft to sash Chy reWdmb bei'ame and after tb-y are hirW f ar jobs r,eiat-d to tb- Project. G) "qty" meamst the QtYofBoynton Sem. d} "Community Lmiaon" means a formol or tnfiommal OgW..t an ,sadly %Voiated by the CRA Board tbet ea" in co mudmg City residents wah j b acs. num the Boymon Beach Commmty R,edevolopme-tAgen,y, fl `FORA Arca" meas the land within the boundaries of the CRA,I a®. _% MM" a suffitmol h)&__ `FCom&actot" means NuRodr Co on SwYlus, LLC DOW I AL .,.TeveloW meansghalRr 1 r-aert F IFAM&QO Construction Services LLC Hausin P dividua 1 d cell gy, Lm on wit ailiat cam areas reel eat art- th at or ill be substan ' involvedwith the ve to bed i Tho tem also iaaludea MY Property IVM-ager hnod by ll r' *D_ dant ObRgstinae we= those obligsh. dated in pu4pq*s *1 Nal 6(b).and 6(c) of ft Agteemamt, wbich are un kudood to be ObHpdwo of the Developm E� �tbat at coatingert on the pWftMa= of the qty Lwmon as d-am*W in this Agremmt abag wlth ony Offiw djd cannot memo- Wy be pWfarmed bUt f`ot ttpa *cmmw ofthe CityrjRiS, W,x_._"Clood Faith Effort" mems the resp -diva MUM will mffimW 91 mammWe mans to aatnply with the assocuftd dinctivea andlor provisions. m)k—"L m% wage" mems a mk mt m wage to match that deft ---' by the palm ,Basch County Code of Okbanaes MqAw 2. Article N, Division 3. At time of thio Agip the Palm Ewwh County living w#V is $11.64. "I.oeat SSubcout udOr- e� a means any Subcoubuter Aguamm"#hat is wbogy owned by individuate wbo reside in th- City. if the SuboomrsaWs business is owned by a catpomli m, than the coxparadon meat be a ao»a wholly owned by m&wkiaw who amide in am City. If the Subco=w or busime is'owned by a parMoribip or limited liabilitj► companY, d= at least 20% of its partam or membcn must reside in the City. m) NDP �,_sM Inc. e}gI—"Ownw" shat! mesa Ooean Bmw Housing pa.t mM Lp t)_1__"Par W" mesas ft signatories to this Agreement The term "Party" MGM any individual signptory to this AgromwaL 40—^ „ means the °Porefive COMMity Riedevelopmxw Plans or Plans of the CRA. ')2L—"Pqecf ` me= the 00ean Breeze Bast Project that Devdoper shalt cause to be cOndructod at 700 NorlL Seaeced Boulevard, Boyce BeackFladda, as i° descOW in &U A.M atb dwd hereto and =o porded her cm. kLg"FMod PrQparty" me=dx propertytheCRA iaite to aanvey to Dovdoper Al— "P[nl hese and Devdopment Agoema " means the Age ktwom the Owns Dvv@hVw4wd the CRA lbr die purchase of gw Project p wpwty. am IM or tam TO UMdww Jude L art 9MUKE 9l1� 0-0- 3. Nedees. All nodees required Mder this Agreomm, shell be in writing and shalt be WhNsed to the apprap!te party at the patty's addieas mot forte below. Natio shall be sant by oaf" moA MUM recoiPt requested, and shall be: doomed delivered three days atter deposit 'a 'k United States mad, Altera Awdy. notice may be Laud donvured and scull be deemed aeoolved on the data of delivery, as ovideaaad by tbo written report or of do oatinier se Ww, AEr Forty may change its address or the nate and address orits aftmmWs by 8ivimg a twenty M day notice to Lha other parties of the Agreement. Tho addresses of the Parties far purposes of this Agreement are: De"dopw. Ocean Broew Housing , LF Robert Hoskins, manager of tier General partner 800 N. Feint Parkway, Suite 125 Alpharetta, GA 30005 s oansAjz., CRA: Exeewtivo Dirocter 710 N Federal Highway Boynton Bea* FL 33+435 msoltia8 fuel W Prey lomgo to fill teanporary and permanent job positions bj Pn' oven job Applimus to dine drills and WWff WIM of AppU.,t�, Proms .lob ode+ wrs to Ap * m* and where ressa®able„ p.W& ftming to Applicants to prepare the Applicants filar the available pwffio a; a) WbM nectaaary and MaXWdr, pvvide wft wJJh APPUcA b Kv hired for Jobe owdated with the Pnojecti and d) Act as a liaison betwem Developer and qty mMiW= far the mewl bene& of the Developer and such woMim= y off• . ,Pr*i* t Caauhuatiw Jobs. The Dowbpw will maim a Dowd pw& E brt to: a) Hav a minimum of three qualified Loca1$uboo a that will hire and train qualffiod APPl =& to wort on the Projak and wgWre those LAwW SubeGomftokzw to Provide PM*f that they have hired Appy, b) Refer and bine tw work under the eupmvidm of Subc�aa sWd2o*oM. Developer will Mke a Good Faith B$hzt to match the AFP�caut'a dulls fm lh as PlU0*iII& 1=h=PiAL labor, etc.) tw pcveloper needs gr Lo a Suboontackir dud can use those skills on the Prrrjor L In evaluating Ate, nevdopea shell not disquW* an Appiiasat on &a a that the Applicant was pmviously iwmcgnftd on swWfi_misdenxww charts howam, Developer may regmm any Appy til submit to ding testing st my ftc dwring the Project and may rofsre to him or may fine any Ando t who fells a drag teat• aaonM2a Tmitt APPIWtaft to work oil the Project in L mammathat will allow *M Applicants to use such hvinbg in fifte wcdc in the 0M*uction kftwtry. Inxv fulfill tf -LL�_ 1) , -4nd —el",L11"119 tJiat _Subcojjjr7act(-)i-s " NLICII IIILII-,Ntll -alk.WV.1hose Apph�:ai)ls lo tl,,,e such w-orky-In 111C couslitiction Indusiriuturc d) ROW= ati ftbaoutad= tD MEN PaYrOUS of hued Apphcwft to the DwAdoW every, mix Mcuds. Such psymIls Mu cd to work On 90 PIIDje4 AM with the number of holm eachApplicoas Ihs, werc hired imb'd the Hams and addras of any Appliew vrollmd and the SM0011mt avA A146cma vM I)SM& DOWOM @hall lujim this uaW the Cardfimtka of Quoethm is issued for So ptejaM 10) Ocaft a succassM pwMM MOM for joaphqg and hhu% AWhMWS *X M serve as it model Ibr fbbm dwdopmeft in t1w CRY Of Boynton Ban& Any such FIVE= dIdl W be mvidend POPdatary and Dombpw win shaw the opmuicg ddWb Of ORY Rich Pmgmm wish Iha CRA uPM zoiltust by the CRA. t) ContW IAwd Suboonhadmx evdude Lwd abffity to PMfiM work an tho Ptcdclia"L. AW iiiiiiiiii, �� tiijij�, Su%Mftcwry and tow Nw! E*doW WIU SiVa PMfireg= to LOCId Subwntwim &&M&Laggg am propedy &MMe4 nommMly as ftjeoL 4aqmUyDR"IODfMftmmgtbemmmd& &7 mmlfj 0blkwkw r Dc�rtlopetR$tt= to AIIOW a tninimunaf foMrfug FkOgmm for P61munat Jobs. fi= the PIcded lo qualffied ApphcamL 20mj% Of &V Pwmaaftjob pasifts rawitipS Ptr&w, Dwd0Pw mpm that whin hjung for jobs sawaimed wilh the Project, the DavdoM will. a) Provide a IW of job desmipfims ad pwpariy numagmnat Poddons, includingP"OhMs for a PMpoty mawW, 10 &a datneed npucaWw of the Cammlinky Lwm3nl. b)A �iji�ijpkA A! _q!2gd.y ",, I U%—rtt0 Mwdvely nw* qwHfiad Applicants ffirot%h the C0MMua* LIa4m by iWp- eating lift of AA&aaft that mate it job's speefficadoIll. c) Givv Pvftum y to qmRfW md lap 1 Im Cmmunity LW113M wWand–Appftamw refiaed fimm tic 4) T=& and MvdtDr, on a MMA-aMwd bads, the progam of App that M hired, and PwvWc additional RWW mud t&muW to bned Anlimtm if y, and G) hwdde all employees CM SID PrDPMIY MMSgeqWW team, ind� those hireda rank of due Agracmwt with the same benefits. so Dcva,Ww will wt PnM& eR,I0YM Wed OvWda of this Agre=at with any benedts not vNa" Coto AppHcatas hhW a a result of d& Apmaa Sonsmi 5 ;t;. wage. Developer will Pay (and will require su subOamftwfts to w40 to ail Appliaa� Wed. to wctic �B tM c�aram of the � a Living hided to a peat poaificn resui " firna the Project and do Applioatrta �S Pmject and/or Developer's nar"bk for ensuing a saving qV p�yoY City DeveAloper aball not be respo mddmb hiral by third patty cetitim iior jobs that ares curly �y the result of the Project ad over W& Davelopa has uo co ttnl. a) DevelaPar will, and wM regains an SVbCOnftCtDn io, main aia panel, reomtda for Applies diet are hired and WJM Prell ve diem and melee than res ft available to the CRA far a period of no leas fhan dnee of ion no Develonew 3WHI, to the- cmkmff's aml Suboontt mem pasma]l mtsim flee nOM06 address, hoots waded, and pay earned, for each emPIoYM living witbdt► the City. b) Binning at the dato of iaenanoe of die Notice to proceed through MC the i of the Certifies of O cy, , DevOlopw wilt pttnvide a report to the CRA evwy six mondm that canftab the mon and af the Con(ractor_anl_ ice - , :�L-rru::f t:"x3;r dewed in robsectIon (a) of this PMBMpb. 8:9.Prof Oct tis far Pmt; The Partied agree and acknowledge that Bra Projecg is `lm proW and fi Out WS Agt�ent shall mat be cronstrued s# Wto unOaonably binder the c sallOdy of the Pmct. � jethe Parties agree: a) Tbis meat is and shell be anb=hn ft to mmWwua :rrraucang. b) This Ag wma, t is and Ad be subru dinate to the requirments, of the Tax Exempt Bond pmgram c] This Agreement ie and dmR be subordinate to say rogtdrEt Of the LDW Income Housing Tent Croft MHM-n pmpm d) We Ageema t is and shall be aabordinate to any rug...t imps by the Department of Hausmg sad Urban DwWop..g MXTD") on lhia pmjeat: e) If thmV is a foraclosm of fire Project pmpwiy, fire fares o ft knder or the 0130000M in 0130' en#ar iatoo shall not be bomi by tip AVemm hd may elect to Agreement ander the idemticel tee. end coaditic. herein. P If as � leader Acer the Project derma any portion of this Agt+aem.0 11� er shall make a Good Faith Effort to camvhm eke bender will net ccept the ideas of this Agreamenk Ifdre tonal tint a porttom ofthe Agmamenk that pardon of this Agremamt shall be ineffeethm and deemed deleted. 91 if a ptacha er of the U HTCs for the Project dmm my portion of thio went sm"Saw objectionable§ Developer shall melee aF ' Meffixt to convince the purr to acvt the teams of this A$eenent if the put+ehw will not accept a portion ofthe Agrceenem, that portion ofthis Agreem= shall be i>AeffeCtive and de=gd deleted, h) The Parties WM not Mcord this Agmeruent or any memarandurn tbaeaf in the Pum reconls. It is the Pwdw intent that this Agmmcnt dwH got be conshued m ae the cloud the We of the Property, i) Payment of a Livigg Wage to any tempmwy or pamawe nt enqgoym hired as a result of this Ap, t eball not be considwed to mmsombly hinder the economic ibastbility of mho Prc*L j) Aliaartion of the Pa mtago of tMUPOMY or Pamummt jobs to City PuMant to this Agrerment shill not be consi&n d to uMMOQUY him the economic feag% ity of the Project k) asof tis fill "M00yaw on the ply rnane ieam, inkwHU Agreement, with the soma bGwdts shoji not be � d u8neonably hinder the economic fdasZ`6ft of the projact. In the= event of a couffict between tins pmWVh and any other paragraph, term, or obligation in this AArewumt; tills passamph &ball controL 9.10. Deveieper's obopsaw (jemqagmt. Doper's WeDIMMUCe of the Agent Developer is obligated ' P f°�ace as demlbed t ext obligations, bnt to #ba ant the Effort to all of its ofIWDependent Obligations ' �� LSaisoa's failure to pex�rm, �� any l�m relieved ofd ub • rmposea"ble Cw fable to ac uwq, Developer Shall be Nortp oe b nmD P tW of the Dependent Obligations ttat w� I shell onlyrelieve Developer of that portion mm's moons that ware sot � �� on the °� of t Community 41NI 1 • A=ud alCeporls to CRA MmA The CRA staf shall prgMM as moat RePW) on them on of this AM=uW for review by the CSA B I(Aanual AnuuW Report will 'include as assessment of Dovelcrpet's acihMMM to this Agreeaneg4 including a d ptinn of all rode l acaiOns Developer has tlkM or MW tD taix to implement rad °0mP1yWith this mart. I%c Aamal Report will include deW suficlent for &a Board tD defWmiu wbethrer Developer Jw coraPlied with this AffeemwL Upon mutest fiiam the �� shall puede rade �Snb� to Provide) the CRA with any on requested that is relevant to the Annual Report. Dever wM WMde, and will roque tra OTO to pn+ovide; CPA with say npo rt, MxA or infozmMm that tyre CRA dam n wonably necesawy to monitor comphance wth. this ASraanent, unclepublic sand will convey to Subwattactors that say infomadon provided to the CRA ais i 44-_L2. _Bahl, Suecam% Sara Ai4pa. Z~�eoept as aQSexY'bad in Parageaq*= 9,41i! 1 onn"32-1 7 will make a Good Faith Effort to nequife Developer's Weirs, succesYsom, and assigns to be bound by the tis of this Ate, X13. $![eedw Date wad Twminartiva. This Agee nt ala become CMetive an the date of the lest signature tin this Amt, and &boll automatically terminate three Yom atm immmm of the cestific.ate of °ompWon for the Project 48t14. Mae&gm. Commencing at the etre dobe of this A,grvemen% a zep ve of the Developer and GRA shall mora quartmly, unless both Parties agree is v nft that lcwe fi+equent meetings are MMMate. i . eats. This Agr mcmt may not be altered, amended or mo&fied, except by wntW iamnament signed by the each of the ftfw. id. F�for eemaL &Mpatty may file a written rnot= with the obbar Party Conaemmigg the other Party's Peru Wider this Apmai , Each Party agrees to invsigate say issues dersc,tr'bed in the wfittm notion filed by the other Party relating to the imple memation and adhe sim to this Ageemt, The Parties shall °oopuabe fully and i>Wtly with gay such uvea on and sball make amWable all requested records and izAtmation reasonably de mad rahmant to the invwdpdM manibozing of aamplieace or with this fit, wthe Awmal Report, a) The Parties agree that Wpam written, notice f a forbore to abide by the terms of this Agrmm,ent, and prior to any defiaait Patty shall have thirty (30) bmineas days ba CM any declared deficiency w& b) day 21d9d in Pam fogs to curve a dat3eY tlrc 3U business the Parties agree to tlipge in mandatory m°dzation Fdor to filing anY l4wsuit Concerning tills Agreenimt or 'm � t1>ar mda. Ami _Party has &a demand mee**ft to resolve a digxft by pvvxftg written notice tra the other Party as provided for in this Agrammt UPM written notice demar dmg mediation, the Parties &ball Wee on a thW-Party, neat A ce bfwd mfr -110"m.., both Padiee at a mediaiaon that will accar at mudrally agreed Wm time and Place, The Parties must use Good Faith Ef R is to try to resolve the dim at tlra mediation. This p=FaPh shall not be construed so as to raluimP rty to eh.W its positim The cost of the mnediataen sad medietordM be divW evenly atrticatag the Patties, but each Party sba11 bear the cont of its ovum atbormeYs' foes and coo. °) Any Rgremwl reaCzed at mediation shall be reduced to writing and become a binding and CRI& aewbla agreemcmt betweeii the, Parties. d) The 8silmre of a Party to abide by dim pmeas; to Participate is the selection of a modiato4 mediation date or time, mediation location; or to use Oood Faith R1 aft to resolve the dispute at the medindon shall be coneldexed a breech of this IMMI 8 '"he Parties are unable to resolve the dispute at mediation, the aggrieved Party or Parties maypurMe any legal action to sake this Ageemcmt or any provision thenwf and avarl d m dvcs of any available legal or cquiiuble remedy The Parties agree that it is impossible to PMC y calculate the am unt of dm*M that I will be Sustained by the CRA in tiro a out Developer hall to me d its obligations under f thin AS'ee"nrmt, Qf9HMMk9LhVjmHgjkMand both Parties wish to obviate say question cr ftate cmeenung the amount of such damages. Thadme, the Parties Wee that if Dvvelop w falls to meet its obligations under this Agreemeart, Devdoper shall Pay g in ligW&ded damages to the CRA.- AIL—AmruranceRqprdbmgPreexisting Com. Hach Party warnscsts that as of the date Of execution of diis Agnman, it has not exec ated any othw AgMCmMt that, would violate any provision of than Affmnoat, 44L:M_Ceamp%a= with I&ws. to its performance under this Develop.. W Ply in all matmid, nop m* with all applimble *dud and she ]maws Md reguW;k= and age le Palm Beate Counter, City of Boynton Beed, and CRA offices and rergati 4'12---Au&oz ` to BR& dPOWEY to tivs 49MCment conEmzs and w=mtj fat he or she is duly autimized to sign on behalf of the entity each elms to reprow, and dud he or she is nut mLwd to eater into fhis Agteememt. W4,—Entlre Agreem ut This Agr+eemew r+rpeusenu the Cestuis and sato agropga 9 and underateading between the Peuties concerning the s*ast matter aMasseed hetero. No terms herein maybe olkmd, ereoept m writing and then only if signed by all the "Gs pair and owtearTmzn o a agreo�g, unde�rs��, coneStians or c P ham• All MPENOARtkoffi, of my ommuaic�iaas, kind or nature, aW or wnfttm, omeaming go exposed bercip, are meuged into AH Sash Other agroe nteatfs. No Oxtra Mus khmution may be used to alter the terms of this AgreameaL =4-1- Waim. The CRA may, in its sole and absolute discratir, waive any rarimmW of bevdgW walo d in this Agreemal , The waiver of any prOmon or team of this Agroamft shad not be deemed a waiver of any other provision or team of this Agmen mg,. not BW MY waiver of any provision be deenW a Oon6nuing waiver unloss aapresely agreed to in writing. 24--WWb'. If SW team, provision, cwenant, or condition Of this A,gmeuient is held by a court of competont jurisdiction to be invalid, void, or unenforceable, tlm remdoder of the q%ccme w shall mmaia in illi force and ems. 2241---cOv"IdIS IAWP J61dodledon, said Vann&& The tame and pim►isiou of this Agreement shall be governed by, and construed and edDrCW in -.,dn. witty, the laws of the State of Florida and the United States of America, without regard to conflict of lav PrindFlea Venae and Jurisdiction shall be Palm Heath Courtly, Fkdda, for all purposes, to smzimn&a 9 which the Pmtim =P=IIY agree and submit. 2a-44. City Nota Party. The Patties to this Agtoemmt md=WW and ig not a Party to this Agtament and no w0on may be t against &aCity to entW d thie Agm avant or ratty Pevc aim &rad ]NVMMMS WEMEOP, a* PO&M Iavto have caused this Agmemad to be mwmftd on the day and year written below. �-- Date: 've for Print Name: Hy: Date: Au&mind RW=mtaf n for CRA Pant Nems: =ears i 10 Purchase and Development Contract for ocean Breeze East Project MLKPiD PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement") is made and entered Into as of the Effective Date thereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 153, Part III, of the Florida Statutes (herefnafter "SELLER") and HERITAGE AT CiTY VIEW HOUSING PARTNERS, LP, or its wholly owned affiliate assignee (hereinafter "PURCHASER", and together with the SELLER, the `Parties'°). In consideration of TEN AND 00/100 DOLLARS ($10.00) and the mutual covenants and agreements herein set forth, the receipt and suffldency of which Is hereby acknowledged the Parties hereto agree as follows: 1. PURCHASE D SALE OF PROPE it is PURCHASEWs Intention to acquire all pads as listed and depicted In the attached Exhibit "A" (hereinafter the "Project Area"] in order to construct a new mixed use housing community development on the south side of Martin Luther long, Jr Boulevard in the Heart of Boynton community. Seller Is the owner of the highlighted parcels within the Project Area as set faith In the attached Exhibit "A" and agrees to sell and convey to PURCHASER said parcels on the terms and conditions set forth herein. The Parcels owned by CRA within the Project Area shown on Ihdribit "A" shall be known as the aftoperw. 2. PURCHASE PIKE AND PA ME . PURCHASER and SELLER have agreed W an overall land acquisition budget of Two Million and 00/1W Dollars ($2,00o,000.00) for the purchase of all parcels within the Project Area. PURCHASER shall provide to SELLER purchase agreements for all parcels within the Project Area not owned by SELLER (hereinafter "Third Party Parcels") and a Purchase Price for the SELLER awned parcels In Exhibit 'A" shall be calculated by subtracting the sum of ail fully executed and binding Third Party Parcel contracts from the Two Million Dollar ($2,OODA .W) acquisition budget, The Parties acknowledge that thls could result In a nominal purchase price for the Seller owned parcels. PURCHASER understands and agrees that this calculation shag be utilized notwithstanding PURCHASER'S failure to acquire all parcels within the Project Area. 3. E'PDS An Initial Deposit In the amount of TWENTY-FIVE THOUSAND AND 001100 ($25,000.00) shall be deposited with Lewis, Longman & walker, P.A. (hereinafter "Escrow Agent") within five (S) business days hollowing execution hereof by the Parties. The initial Deposit shall be fully refundable to PURCHASER, If prior to the expiration of the Feasibility Period (as hereinafter defined), the PURCHASER advises SELLER in writing that It does not Intend to complete the purchase of the Property. Sal! Deposit shall be credited to Purchaser at Closing assuming Section 2 Purchase Price and Payment Is met. 3.1 Second Deposit. An additional deposit in the amount of TWENTY-FIVE THOUSAND AND 00/1W ($25,000.00) which together with the Inlital Deposit shall be referred N416$351 rl 303644= OC7157W PURCHASE AGREEMENT/ NUROCK/MLK South Page 2 0117 to as the "Deposit" shall be deposited with the Escrow Agent, at the end of the Inspection Period. The Deposit shall be non-refundable to PURCHASER, except upon (1) failure by SELLER to satisfy any conditions precedent to dosing; (ii) failure by PURCHASER to obtain a tax credit allocation fas described in Paragraph 7 below); (iii} upon default by SEi.LER hereunder, or (iv) failure of PURCHASER to obtain the items described in subparagraphs 5(a) and (c) below, Ali interest accruing on the Depos7t shall be credited to the Party entitled to retain the Deposit in the event of the cancellation or termination hereof. At closing, the Purchase Price shall be Payable in cash, less the Deposl% and subJect to Prorations and adjustments set forth herein. Said "Deposit" shall be credited to purchaser at Ciosing assuming Section 2 Purchase Prig and Payment is met. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Dater) shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. S. BASING. The PURCHASER'S obligation to close on the purchase of the Property Is contingent on the following: a) PURCHASER obtaining site pian approval from the City of Boynton Beach, Florida (the "City') to build up to 75 residwtial units for occupancy by low income households along with commarcial retail space on on the first floor on the Property. b) Prior to the expiration of the Mine Percent (9%) Tax Credit Allocation Period (as hereinafter defined), PURCHASER receiving an irritation to underwriting for an award of low-income housing tax credits ("LIHTC°) from the Florida Housing Finance Corporation ("Florlda Housing"); and C) Seller delivering marketable title to the Property subjectt only to hose title exceptions acceptable to the PURCHASER, all as more specifically set forth herein. d) closing is contingent upon Purchasees successful closing on the Third Party parcels. Closing Is also contingent upon Seller receiving copies of all fully executed Thlyd Party parcel contracts within 5 business days of executing the Third Party Purchase Agreements. 6. NINE PgKENT"j2MqEDITAOPLjC—A71ON PirRIQD, Prior to the last date of the applicable Florida Housing Request for Applications, In -resp onse to which the PURCHASER submits an application far LIHTC's that includes this Agreement, which is estimated to be not lager than December 8, 2016 (the "Tax Credit Application Period*), the PURCHASER shall apply for an alloci tian of 9% UHTCS from Florida Housing (the "Allocation'). 7• AlRG&T-11M. PURCHASER shall have until June 30, 2017 in which to obtain the Allocation. The Allocation shall be evidenced by an Invitation to credit underwriting issued by Florida Housing. In the event PURCHASER does not receive the Allocation and does not wish to xV1 "WOOM ow,w" PUKI ASE AGREEMENT/ NURaCK/ "south Page 3 of 17 Proceed with the acquisition of the Property, the Deposit shall be fully refundable to PURCHASER within rive (5) business days after PURCHASER provides written notice to SELLER that It has failed to obtain the Allocation. 8. CL051N6 DATE. The Closing shall take place on June 30, 2017 at such location to which the parties may mutually agree In writing. 8.L C an ons. PURGIASER shall have the option to purchase from SELLER one six (6) month extension of the Closing Date ("Closing Extension") fur the sum of Twenty Five Thousand Dollars and 00/100 ($25,000.00), which shall be non-refundable to PURCHASER except for SELLER'S default. 9. TETLE TO BE CAIWEYED At Closing, SELLER shall convey to PURCHASER, by Warranty Deed aomplylng with the requirements of the Title C deommitment (hereinafter fined), 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 posing 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 10.3), to which PURC14ASER fails to object, or which PURCHASER agrees to accept. 10. INVESTIGAiIOAi —0F.THE M-OPERTY, For a period until January 31, 2017 ("Feaslbillty Period -j, PURCHASER and PURCHASER'S agents, employee, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents'), shall have the right, at PURCHASER'S expense, to make Inqulrles of, and meet with members of Govern marital Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said Investigations do not remit in a business interruption, to perform any and all physical tests, Inspections, and investigations of the Property, including but not limited to Phase I and Phase 11 environmental Investigations, which PURCHASER may deem necessary. During the Feasibility Period, PURCHASER may elect, In PURCHASER`S sole and absolute discretion, to terminate this Agreement. If PURCHASER elects to terminate this Agreement in accordance with this Section,, PURCHASER shall: (i) leave the Property in substantiallV the conditionexisting on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and Investigation of the Property; 01) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (III) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and Investigation. PURCHASER hereby agrees to Indemnify and hold SELLER harmless firm and against all claims, losses, expenses, demands and Ilabllities, including but not limited to, reasonable attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or far damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER'S ""MI51VI 3CM44M OMMW 4 PURCHASE AGREEMENT/ NUROOVmLK SCUM Page 4 of 17 investigation of the Property. PURCHASE'R'S obligations under this Section shell survive the termination, expiration or Closing of this Agreement. 10.1 19ler's Doeurngnf_s. SELLER shall deliver to PURCHASER the following documents and instruments within rive (5) days of the Effective pate of this Agreement: any existing title policies, appraisals, copies Of any reports or studies (including environmental, engineering, surveys, soli borings and other physical reportsj in SELLER'S possession or control with respect to the physical condition of the Property, copies of all permits, authorizations and approvals issued by Governmental Authorities for the Property and any correspondence which discloses claims, allegations or adverse Information regarding the Property or SELLER with respect to the Property. S 10.2 Titi vl . Within ninety, (90) days of the Effective !late, PURCHASER cortnse(, as closing agent for the transaction contemplated hereln (the Closing Agent'shall Obtain, at the PURCHASER'S expense, from a Title Company chosen ) by PURCHASER (hereinafter u "`Title Company'), a Title Commitment covering the Property PURCHASER In the amount of the Purchase Price subject only to the Permitted options, post together with complete and legible copies of all instruments identified as conditions or exceptions In Schedule B of the Title Commitment PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after receipt Of the Title Cammltment notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter'PURCHASER'S Title Objections'). if PURCHASER fails to deliver PuRCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth In the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). Notwithstanding anything to the contrary in this Section, SELLER shall have an affirmative duty to satisfy all title requirements which are liquidated claims, outstanding mortgages, judgments, taxes (other than taxes which are subject to adjustment pursuant to this Agreement), or are otherwise curable by the payment of money without resort to litigation (collectively, the 'Mandatory Objections'), which may, at SELLER'5 election, be done at Closing by the Closing Agent's withholding of the applicable amount from the proceeds of sale. In the event that SELLER Is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections which are not Mandatory Objectionswithin the Ek S sole and Cure Period to the satisfaction of PURCHASER, then PURCHASIn PURCHASER' absolute discretion, shall have the option of (l) extending the Cure Period and the Closing for one additional thirty (30) day period at no cost to PURCHASER, or (lI] accepting the Title to the Property as of the time of Losing or 011) canceling and terminating this Agreement, In which case, any Deposits shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except far those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company 0946Wi v1 W"4 -WW ovum" PURCHASE AGREEMENT/ NURM"LK South Piga 5 of 17 to Issue an updated Title Commitment (""Tftle Update) covering the property. If any Title Update contains any conditions which did not appear In the 'Title Commitment, and such items render title unmarketable, PURCHASER shall have the right conditions in writing prior to Closing. All ri to object to such new or different objections arising from the Title Update shall be the same as objections to items ons Of the Parties ap �p� to the Title Commitment, subject to the prvvlslons of this Section. appearing In 10.3 1 IN -110 Revle. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey#) of the Aropeft indicating the number of acres comprising the Property to the nearest a 1Jlflpth of an acre. If the survey discloses encroachments on the Property rty or that Improvements on encroach on setback Located there lines, easements„ lands of others or violate any restrictions, adthe covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 1tk2 concerning title objections. 11• COiNDMON5 TO C[OSiNG. PURCHASER shall not be obligated to dose on the purchase of the Properly unless each of the following conditions (collectively, the "Conditions to Closine) are either fulfilled or waived by PURCHASER In writing: 11.1 Re n i d nifes. All of the re warranties of SELLER contalned representations and in this Agreement shall be true and correct as of Cl�sing. 11.2 Pends ILPrCOWInAmAt Closing, there shall be no liH gati administrative on or agency or other governmental proceeding of any ldnd whatsoever Involving the Property or the SELLER, pending pr threatener!, which has not been disclosed, prior to dosing and aoaepted by PURCHASER. 11.9 -Comellana with Laws and8111111110MIL The Property compliance with ail applicable federal, state and local laws, ordinances, rules, regulation codes, requirements, licenses, permits and authorizations as of the date of Closing. 11.4 Canatrurtlan Permit AonEMIL The SELLER WIN cooperate with the PURCHASER with regard to signing and processing any applications and forms required by the City or other authorities having Jurisdiction ober the PROPERTY to obtain build, approval and such other design and constniction documents as may be reasonably repe quired ng it PURCHASER to permit the Project to be constructed and operated. The PURCHAre will be responsible for all costs associated with the formulation at the Pia and construction documents as well any and rill applicable permit fees associated veldt thee gn 11.5 Community R®d�►elonw ., AeAncv Cantrfbution. The community Redevelopment agennton Beach cy (GRA) agreed to commit $1 m11170n toward the acquisition and development of Heritage City View, mixed use senior development along Martin Luther long Boulevard, in the Heart of Boynton. Said contribution will be In the form of a Grant to #446 t K _Ww" nn gaff" PURCHASE AGREEMENT/ NUROCK/MLK South Page 6 of 17 meet Florida Housing Finance Corporation Local Government Contribution Preference, 12. 11.DSING Og"EII!'CS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Sectlon, except for documents prepared by the Tide Company. At Closing„ SELLER ,shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and Instruments; 12.1 ��a d uthorixine R jolutiions. SELLER shall furnish a Warranty Deed (the 'Deed") conveying to PURCHASER valid, good, marketable and Insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions, together with such resolutions or other applicableng authorizi documents evidencing approval of the transaction by the SELLER's governing body or the Closing Agent and the title Company may require. 12.2 A2U@eL Affidavits. SELLER shair furnish to PURCHASER an owner's affidavit attesting that, to the best of Its knowledge, no individual or entity has any claim against the Property under the applicable construction Ifen law, that the SELLER will not record or enter Into documents affecting the Property after the last effective dere on the Idle Commitment, and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER anon -foreign affidavit with respect to the Property. In the event SELLER Is unable to deliver its affidavits referenced above, the same shall be deemed On uncured We Objection. 12.3 Cine A dosing statement setting forth the purchase Price, all credits, adjustments and proration between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at posing. tive DIUMM Property of all s, encumbrances and exceptions, if any, other required erth np Permitted Exceptions. to the o ens. 12.5 Additions) Documrfts. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary In order to close this transaction and effectuate the terms of this Agreement. 13. PlQRATIONS. rinelmr. AND CLOOSING PRQCEDUR . 13.1 Proration. Taxes for the Property shall be prorated through the day before Clawing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. N Closing Occurs at a date when the current year's mlllage Is not flared and current year's assessment Is available, 4++62391 v1 some-ww amsmi4 PURWASE AGREEMENT/ NUrtOWMLK South Page 7 of 17 taxes will be prorated based upon such assessment and prior year's millage. if current years assessment is not available, then taxes will be prorated on prior years tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill which discloses an actual difference In the amount of the taxes estimated at Closing that exceeds $1,000. 13.2 CJosi s. SELLER shall pay far documentary stamps on the deed, recording the deed and any cost associated with curing title. Purchaser shall pay all other closing expenses. Each party shall be responsible fortheir respective attorneys' fees. 13.3 gsl rasa re. PURCHASER shall fund the Purchase Price subject to the credits, affsets and proratlonsset forth herein. SELLER and PURCHASER las applicable) shall execute and deliver to the Closing Agent the Closing Documents. The ClOtmg Agent shad, at Closing: (i) disburse the sale proceeds to SELLER; (11) deliver the Closing Documents and a 'marked -up" This Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents In the appropriate public records. 13.4 Erdsti es end M r LieAs. 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. 14. REPRESLUA OATS. CQVMAWS AMMM.RANINS. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 14.1 Auth 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 requlilte action has been taken to make this Agreement valid and binding an SELLER in accordance with Its terms. The person executing this Agreement an behalf of SELLER has been duly authorized to act on behalf of end to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 14.2 Me.. SELLER is and will be an the Closing Date, the owner of valid, good, marketable and Insurable he simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at posing}. 14.3 Udmtj2n. There are no actions, suits, proceedings or investigations pending or threatened against Sager or the Property affecting any portion of the Property, including but not limited to condemnation actions. 14.4 PArtles In Ea_eSe1QO. There are no parties other than SELLER In possession or with a right to possession of any portion of the Land. #44623stvs M§644 coo 89106" PURCHASE AGREEMENT/ NUROCKIMLK South Page 5 of 17 L4.4 Acts Affecting Proaerty. From and after the Effective Date, SELLER will refrain from (a) performing any grading, excavation, construction, or making any other change or improvement upon or about the Property; (b) creating or incurring or suffering to exist, any mortgage, lien, pledge, or other encumbrances in any way affecting the Property other than the Permitted Exceptions (including the mortgages, liens, pledges, and other encumbrances existing on the Effective Date) and (c) committing any waste or nuisance upon the Property. 15. DEFAULT. 15.1 PURCHASER'S Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, SELLER shall be entitled to retain the Deposit, and neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER. 15.2 SELLER'S Default. In the event that SELLER fails to fully and timely to perform any of its obligations and covenants hereunder or If SELLER Is in breach of any representations herein, PURCHASER may, at Its option (1) declare SELLER In default under this Agreement in which event PURCHASER may terminate this Agreement, receive back Its Deposit and neither party shall have any further rights hereunder or (Ii) seek specific performance. 15.3 "oleo ofof Default, Prior to declaring a default and exercising the remedies :described herein, the non -defaulting Party shall Issue a notice of default to the defaulting Party describing the event or condition of default In sufficient detail to enable a seasonable person to determine die action necessary to cure the default. The defaulting Party shall have fifteen (1S) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to dose, the cure period shall only be three (3) business days from the delivery of notice. Both Parties agree that If an extension is requested, such extension shall not be unreasonably withheld. if the default has not been cured within the aforesaid period, the non -defaulting Party may exercise the remedies described above. 15.4 Survival. The provisions of this Section 15 shall survive the termination of th is Agreement. 16. NOTICES. All notices required in this Agreement must be In writing and shall be considered delivered when received by certified matt, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Executive Director, Michael Simon 51 V1 9aae4-a000 ewux&i PURCHASE AGREEMENT/ NUROCK/MLK South Page 9 of 17 710 N. Federal Highway Boynton Beech, Florida 33435 With a copy to: Kenneth Dodge, Esquire Lewls, Longman & Walker, P.A. 515 North Flagler Drive, Sufte 2500 West Palm Beach, Florida 33401 If to Purchaser. heritage at City View Housing Partners, LP Attention: Robby D. Block, Authorized Agent 8794 Boynton Bead Blvd., Suite 219 Boynton Beach, FL 33472 Telephone: (561) 990-2514 Facsimile: (678) 218-1520 Email: rblock@nurock.00m If to Purchaser: The NuRock Companies Attention: Robert Hoskins 800 N. Point Parkway, Suite 125 Alpharetta, GA 30005 Telephone: (770) 552,8070 Facsimile: (770) 552-8748 Email: With a copy to: Arnall Golden Gregory Attention: Mark Gould Suite 2100 171 Seventeenth St. NW Atlanta, GA 30363-1031 Telephone: (404) 873-8782 Facsimile: (404) 873-8783 Email: 17. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign Its Interest In this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. This Agreement may be freely assigned by PURCHASER to a wholly owned affiliate assignee of PURCHASER, and thereafter PURCHASER'S assignee shall be obligated to close the transaction contemplated herein as if such assignee were the original party to this Agreement, Any assignment by PURCHASER to an unrelated party shall be subject to the written approval of SELLER, which shall not be unreasonably withheld. N44fiMiv1 SO1364 = oma�a PURCHASE AGREEMENT/ NUROCK/MLKSouth 1 "of 17 18. RISK OF LOSS. In the event the condition of the Property, or any part thereof, Is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and receive a refund of the Deposit and the parties shall have no further obligations under this agreement, or PURCHASER may accept the Property without any reduction In the value of the Property. In the event of the Institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closkt& or In the event of the taking of any portion of the Property by eminent domain prior to Closing, SELLER shall promptly notify PURCHASER and PURCHASER shall thereafter have the right and option to terminate this Agreement by giving SELLER written notice of PURCHASER's election to terminate within fifteen (15) days after receipt by PURCHASER of the notice from SELLER. SELLER hereby agrees to furnish PURCHASER with written notice of a proposed condemnation within two (2) business days after SELLER's receipt of such notification. Should PURCHASER terminate this Agreement, the Deposit shall immediately be returned to PURCHASER and thereafter the Parties shall be released from their respective obligations and liabilities hereunder: Should PURCHASER elect not to terminate, the parties hereto shall proceed to [losing and SELLER shall assign all of Its right, title and Interest In all awards In connection with such taking to PURCHASER. 19. —BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker In connection with the transaction contemplated by this Agreement Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorneys fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder In connection with this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.26, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 20. EWIRONMENTAL CONDITIONS. To the bast 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 authorisations, including, without Ilmitatlon, applicable zoning and environmental laws and regulations. 21. DEVELOPMENT -AND. SWE OF THE PROPERTIP. SELLER and PURCHASER acknowledge that the Property Is being sold to PURCHASER for the sole purpose of developing a multi -family development. 21.1 eller Degan roval. The PURCHASER agrees that the SELLER shall have the right to reasonably approve the design of the Project. PURCHASER shall submit plans to the SELLER for review prior to submission to the Qty for approval. SELLER shall provide +sx,a ao®e+a000 s PURCHASE AGREEMENT/ NUROCK/MLK South Page 11 of 17 comments or approval of the design to PURCHASER at its next regularly scheduled Board meeting atter PURCHASER submits plans for approval. 21.2 Required Project ImnroveMents . PURCHASER shall Incorporate the followllrg design improvements into the Project: a) If requested or required by the SELLER, the Project may be designed to be a gated community to enhance the value of the Property. A decorative fence may be installed around the buildings comprising the PROJECT to create an enclosed space. If requested or required by the SELLER, a mechanical gate may be Installed at the entry and exit of the Project requiring proof of residency for entry. b) The Project shall have a W sidewalk constructed around the entirety of the Project within the public right-of-way. c). The Project shall Install streetlights approved In design by the SELLER and City, placed outside the perimeter of the Project In the City rlght-of-way at Intervals according to the City code. d). The Project shall have trees In spedes and caliper approved by the City and SELLER installed outside the perimeter of the project within the City right-of-iAny at intervals acceptable to the City and SELLER. 21.3 Limitation on Use of Property. SELLER acknowledges that the property will be rezoned to Mbred-Use Low 2. 22. DEVELOPMENT TIMELINE. The following events must be documented In writing and provided to the SELLER upon completion of each action (collectively the "Project Elements"). 2017. a) Submission of application to the City for site plan approval by June 30, b) Achievement of site plan approval by the City by december 8, 2017. c) Approval of financing for the Project Including the construction loan and permanent financing commitment In an amount sufficient to develop the Project no later tMn twenty four (24) months following the Effective Date. PURCHASER shall provide SELLER proof of financing for the Project within this timeframe. d) Submission of construction documents to the City for a building permit within seven (7) months following reeerpt of a binding commitment for the syndication or sale of LIHTCs. Proof of permit application files paid will be provided to the SELLER upon submission to the City. Upon City Issuance of the building permit a copy will be provided to SELLER. 444F= vi aosrr-MO VMS"" PURCHASE AGREEMENT/ NURQCK&LKSouth Page 12 of 17 e) Groundbreaking ceremony and commencement of Construction Shall occur within two (2) months following the Issuance of a building permit. SELLER will be in attendance at the ceremony and participate in its planning, f) Temporary or permanent Certificate of occupancy to be provided within eighteen (18) months following building permit Issuance. 22.1 D Wit vvIth rd to Mect Elements. If one or more of the required Project Elements is not achieved as required in this Section anchor if the timeline outlined herein Is not strlCtly met, and PURCHASER has not provided SELLER with a written notice explaining the reason or circumstances not under the control of PURCHASER that have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the some and which approval shall not be reasonably withheld, then (a) If such events are contemplated to occur following the Closing but fail to occur as required, then the PURCHASER shall be required to reconweV the Property to the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement and (b) if such events are contemplated to occur prior to Closing but fail to occur as required, then It shall be a default hereunder and treated as provided In Section 15, above, The parties understand and agree that in such Instance SELLER shall be entitled to the Deposit in full and final satisfaction of PURCHASER's obligations hereunder. SELLER agrees to work reasonably with PURCHASER In working within the timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence. 23. VMISCE"bIEQU5. 23.1 Generral. This Agreement, and any amendment hereto, may be executed In any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, cmWItute one and the some Instrument. The section and paragraph headings herein contained are for the purposes of Identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless In writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted In accordance w1th the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circult In and for Palm Beach County, Florida, or, should any muse of action be limited to federal jurisdiction only, In the United States District Court for the Southern District Court of Florida. 23.2 Com utatlon of Ti . Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof Any time period provided for In this O"Unsxvi 30364-M Wn167/41 PURCHASE AGREEMENT/ N URO WM LK South Page 13 of 17 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. 23.3 ilHalver. Neither the failure of a party to Insist upon 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. 23.4 CMLtrucdan of A . The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used In this Agreement, or any amendment hereto, the masculine shall Include the feminine, the singular shall Include the plural, and the plural shall Include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge Into the Deed. 23.5 Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be Invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entitles or circumstances shall be affected thereby, but Instead shall be enforced to the maximum extern permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 23.6 flIlindwritten Provisions. Handwritten provisions Inserted In this Agreement and initialed by SELLER and PURCHASER shall control all printed provisions In conflict therewith. 23.7 deer of Jury Trial. As an inducement to PURCHASER agreeing to enter Into this Agreement, PURCHASER and SELLER hereby waive trial by jury In any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or In any way connected with this Agreement 23.8 Attomm Fam and. 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. 23.9 Binding Whorl horny, Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has 0402951A XOSIHM CW157M PURCHASE AGREEMENT/ NUROCKAMLK South Page 14 of 17 full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained In this Agreement. 23.10 No Recording. This Agreement shall not be recorded In the Public Records of Palm Beach County, Florida. 23.11 Surylval. The covenants, warranties, representatiorts, Indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the Deed and PURCHASER'S possession of the Property. 23.12 SELLER Attorneve Fees oft-Cosm SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, Incurred by SELLER In connection with the transaction contemplated by this Agreement. 23.13 Public Raoards. SELLER_is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall. a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in connection with this Agreement; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cast that does not exceed that provided In chapter 119, Fla. Stat., or as otherwise provided by law; G Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining and providing public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that Is compatible with the Information technology systems of the SELLER. SELLER shall, upon request, provide guidance to PURCHASER w to the public records keeping and reporting duties that are Imposed upon PURCHASER as provided above and shall take all steps reasonably required to assist PURCHASER in not violating them. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. if PURCHASER falls to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. an4wssx1d mow-= OVIL -1 PURCHASE AGREEMENT[ NUROCKJMLK South Pegs is of 17 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PORQHASER: HERITAGE AT CITY VIEW HOUSING P ERS, LP 4t Printed Name: Robby D. Block Title: Authorized Agent for Partnership Date: WITNESS: Prated Name: iiY //CLS4;j r SELLER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Marne: Steven B Grant CM • Title: ek i rnca�c�', Date: 0 0 ESCROW AGENT Lewis, Longman & Wallmr, P.A. Printed Name:, - Date: f"MMA SOX44 aae �s WITNESS: ff7l.l' r �1tA PURCHASE AGREEMENT/ NUROOC/MLK 5" Pete 16 of 17 EXHIBIT °`A" LEGAL DESMPTION SL:LLER Owngd Pa * 118 E. Martin Luther KingJr. Bhrd.-W4345-21-104i15.O050 - Lot S, Blk .% PB GouniryCl b Eft * E. Martin Luther King Jr. Blvd. - OBA 4&21-10.005.0= - Lot 9, Block 5 of Palm Beach Country Club Eats * E. Martin Luther 1Gng Jr. Blvd. - OB -43.45 -10-005.03W - Lot 10, 11„ 12 & 33, Block 5 of Palm Beach Country dub Ests * 206 E. MOTOR Luther Klrrg Jr. Blvd. - 08^43-45-214)4-000.0222 - South 100 ft. of the West 5 ft. of Lot 20,21 & 22, Robert wags SubdWAon * 117 NE 9v' Ave. -0543.45-2110OX-0050 -1At 5, Blk4, PB Country Club Ests M 123 NE SP Ave. - 0545-45-21-UNWOM - Lot 4 Blk 46 PB Courter Club Ests * 129 NE 9P*Ave. - OB4345-21-10484-M - Lot 8, Blk 4, PS County Club Eats * NE 9P' Ave. - W 43-45-21-10004-0090 - Lot 9, BBC 4, PB COW4 Club Eats * 341 NE 50 Ave. - 08 -045 -21 -10404 -OM - Lot tq B1k 4, PB Goofy Club Esta * 151 NE SM Ave. - D&U 45 -21 -100X -M30 - Lot 13, Block 4, Palm Beach Country Club Eats iHMD RM PARCELS: « Mar tla Luther K1mg Blw:L — OB -4J -45.2i 104D5 -0m — I.Dt fi, Block $, PB Coulttty Club EM ■ 130 E Martfi Luther' KIS h Bhrd. - 08.434&,21 � - Lots y & � libek 5� PB Country Club Ems NF SP Ave. - 0843.45 21IOW4-WW - W 4, Block j, PLi Country club t * NE 90 Ave. - 0845 -a -22r10404 -907D - Lbt 7F 111rak-4, PB Country pub Es% * 143 NE 0 Ave. -08494&41-10404-0110 - Lot 11, Bkrdc 4, PB CmM Chili Est, * NE 90' Ave. - 08.4345-21,10.004-0= - 4g, Bk N* 4, PB CDun" bub Esta a"6235i4 BM64-0MO a�ws PURCHASE AGRMENT/ NUROCK/MIX South Par 17 of 17 EXHMff "A" LEGAL DESCWFnON NbMmlmHErllgb&."§milt 14opa+edo aotAfm—III ACIFview-L 'Mom r.IP ZIP �!b r t « — WAQMW 1 •. r 1 I i Tr' 3 { ,I �•, i � � � Niy r1 1�: a� cif �y'r . _ Ip *1F f 11TLIr 1 y 4p OMGMIVI 30966-M OgNOM BOYNNk k4 TO ""'BEACH CRA BOARD MEETING OF: February 14, 2017 I Consent Agenda I X I Old Business I I New Business I I Legal I I Information Only AGENDA ITEM: XIII.C. SUBJECT: Status of the 2.97 Acre Project Site known as MLK, Jr. South SUMMARY: At the December 13, 2016 CRA Board meeting, CRA staff presented the CRA Board with an update on the NuRock Development Partners d/b/a, Heritage at City View Housing Partners, LP, redevelopment project of the 2.97 acre site partially owned by the CRA known as the MLK, Jr. South Project. The CRA Board requested an update from a representative of NuRock Development Partners at their January meeting. CRA staff has reached out to NuRock and requested their attendance at this meeting, see attached email. NuRock's application was submitted to the Low Income Housing Tax Credit Program by the December 30, 2016 deadline (see Attachment 1). As of Mr. Block's February 6, 2017 email to CRA staff, he confirmed that the Florida Housing Finance Corporation prevailed in keeping the "local government support" preference a part of the application review and scoring. During the challenge process, applications and the review process was placed on hold. Now that the local contribution preference has been resolved, the application review process can begin. Mr. Block anticipates a summary spreadsheet of the applications received by Florida Housing Finance will be forthcoming in the next week to ten days. This summary will identify where NuRock's application fell in the ranking (see Attachment 11). Under the terms of the Purchase and Development Agreement, NuRock has until June 30, 2017 to obtain approval of an allocation. If an allocation is not awarded, NuRock may request termination of the current agreement or request a six (6) month extension for an additional nonrefundable deposit (see Attachment 111). FISCAL IMPACT: NIA CRA PLANIPROJECTIPROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton (pages105-117) CRAAB RECOMMENDATION: NIA CRA BOARD OPTIONS/MOTION: Unless otherwise offered by the CRA Board, a motion is not required at this time Michael Simon, Interim Executive Director ATTACHMENT I AL CRA BOARD MEETING OF: January 10, 2017 I Consent Agenda I X I Old Businow New Business I I Legal I I infonnation Only AGENDA ITEM: XIII.C. SUBJECT: Status of the 2.97 Acre Project Site known as MLK, Jr. South SUMMARY: At the December 13, .2018 CRA Board meeting, CRA staff presented the CRA Board with an update on the NuRock Development Partners dAVa, Herttage at City View Housing Partners, LP, redevelopment project of the 2.97 acre site partially owned by the CRA known as the MLK, Jr. South Project (see attached). The CRA Board requested an update from a representative of NuRock Development Partners at their January meeting. CRA staff has reached out to NuRock and requested their attendance at this meeting, see attached email. NuRocWs application was submitted. to the Low Income Housing Tax Credit Program by the December 3, 2016 deadline. FISCAL IMPACT: NIA CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONSIMOTION: Unless otherwise offered by the CRA Board, a motion is not required at this time Michael Simon, Interim Executive Director Sirnon, Michael From: Robby Block <rblock@nurockcoms Sent Thursday, January 5, 201710:14 AM Ta: Simon, Michael cc: 'allanschn€er@gmail.com' Subject: RE: CRA Board mtg - January 10, 2017 Good Morning Michael, Happy New Year to you as well We are trying to determine a route for Ocean Breeze which will be the upcoming revitalization RFA due In early February. We are analyzing the RFA and will need to look at the contract again to make sure rt works and doesn't need changes. I thought the meeting was going to be next Tuesday. I have 2 conflicting meetings that afternoon already and have talked to Allan about giving the update as a representative for Numck. Do you think that will be an Issue with the CRA? I doubt FH will release the list of applicants for the 6 large counties by next Tuesday, but the only update on that project Is that we are In the State agency process. There still hasn't been a ruling from the developer challenge on the local government contribution, but its anticipated that FHFC will prevail. Let me know your thoughts? Thanks Robby From: Simon, Mdmel [mallfJo:SimonM@bbfl.us] Sent: Thursday, January 5, 2017 9:58 AM To: Robby Block Cc: 'allanschnier@gmaU.cnm; Lara Heft; 'bduhy@lhvAaw.eom; Utterback, Theresa; Harris, Susan: SuibJeM CRA Board mtg - January 10, 2017 Hello Robby and happy new year. I wanted to reach out to you again regarding the CRA Board's request to have someone from NuRock Development attend their January 10, 2017 meeting to discuss the status of both project applications. Can you please confirm that someone will be there? l'm wishing the MLK1R South project good luck as it begins its journey through the lottery process. Good luckl I Thank you. Michael Simon, interim Executim Director Baynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Baynton Beach, Florida 33435 o: 561.600-9091 I f. 561-737-3258 Si_mmMbbfLus I .com 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 m 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. CRA BOARD MEETING OF: December X13, 2016 I Consont Apn& I X I Old Business I j New Business Information only AGENDA ITEM: XULC. SUBJECT: Stratus of the 2.97 Acre Project Sibs I== as MM Jr. South SUMMARY: At the August 9, 2018 CRA Board meeting, the CRA Board selected NuRock Development Partners ftfa. Heritage at City View Housing Partnere,. LP, based on their proposal to redevelop the 2.97 acre site partlally owned by the CRA Wwwn as the MLK, Jr. South Project. The Heritage at City View Housing Partners, LP was the result of an RFO/RFP for proposals io redevelopment Is proposing to constmt a Owes story, 75 unit senior mental housing development and has applied to the State of Florida Tor a 9% Lowancome Housing Tax Credit Program for funding. The project Is dependent upon beim awarded funds from Florida Housing Finance Corporation. Based on their previous mwlence, NuRocic Development Partners anticipated a December 8, 2018, as the deadline for application submittal with scoring completed In February 207 7 and approval of a project In Manch 2017. However, due to oranges and challenges vrith the program, the application date has been extended until December 30, 2018. Please sas the project update memo submitted by Mr. nobby Block of NuRocic Development Partners, for additional status details (see Adachment 1 j. FISCAL IMPACT: ff the project Is funded by FHFC and developed, the CRA will provide a local government match contribution In the amount of $1,000,000 and the complewd pm1W will have: an esthuded taxable value of approximately $20,000,000 creating Tax Increment Funding In the amount of $254,000. CRAAB RECOMMENDATION: NIA CRA BOARD OPTIONS/MOTION: Unless owe offered by the CRA Board, a motion is not required at this time INicheel Simon, Interim Executive Din mWr^ ATTACHMENT Agenda !tern: Xill.C. OCEAN BREEZE HOUSING PARTNERS, LP 87% )Boymbit Beach Blvd., sate 219 Boynton Beach, Florida 33472 (PH) (561) 990, 614 (Fax) (678) 21B -IM As for Heritage at Chy i►iew, Mmida Hauaittg dolayad the original submission date of Dacamber a to Deoetnber 36& dw to challenges that w= filed agWnd Flt based on tinicel issues with the RFA. I believe that all but one of the oimllenges hes been resolved and as of today Hie ourrettt subm inion RFA due date is still December 30. One of &a 6olknow ibet were filed was eliminating rho Laoai Government Preftrm c, which gave City View a pr=ty funding prance over other Palm Beach Count}► applioati ms. This 6WUnp has eat been resolved as of yet, but we feel that Flerida Housing will prevail and *ae&m beep Ooean tine top applicadw in Palm Beach CmAy. We am owing to finalize our aMlicadm and cAWft cad will be ready to aab9mit a complete application by the derdiiae. This delay does not currently effect the scaring and Seal Board agp mval is awly 2017. It is our intention to work throigb dw t+au htiag minor details of the Cmm unity Benefits Agreement once our application is submitted to flee fie. Thank you tem the opportunity to glue this update and again I apologise for not befog able to Wend in person. I will due to give you updaw duoughout the per• Shmral3r Yours, A&)�. 2p 8&4 Robby D. Block, Autheied Agent for Parmerahip OCEAN BREEZE HOUSING PARTNERS, LP 5794 EWnton Reach Blvd., Sprite 219 Boynton Beach, Florida 33472 (Pit) (561) 990-3614 (Fax) i4 318-1520 Deicamber 7, 2016 Mr. Mkhsel Simon, Incur Executive Director The Boymon Beach Conm=ity RedQvefop nw Agency 710 W. Federal Highway Boynton Bea* Florida 33435 RE: Residences at Ocaan Brame and EU rkepe at City View Florida Housfug Finance Corporation Update Dear Mr. Simon: Mw letter is being written in conned wilh the two projects under contract with the CRA, Resideacos at paean Bmca and Heritage at City Vow. I apologise lbr not being able to attwd the tmeating, as 11m a prior commitment. Plow adept this low as an update to the cmment status ofboth pcojects. The, Ra Wleaves at Oexan Brow application was submitted back is October. Florida Housing staff scmW and ranked all projects on November 30* in ardor to present to the Board of Directors fm app wal Dumber 06 Prior to the last version of dw Request for Applications "RFA" being released, FH made some changes to the fzaal ratkdng and leveraging calculations_ We still felt that our application would be compa'titive boo an our conmva*m tmdewriting. Them were 43 applications submitted for this particular RFA twughout the State. As we stand today, Oman Btacee fins mwde of the handing range. Once the Board appenvea staff's mcommesidat3oms for approval on 12/9. applicants have 72 bocce to fie a ?Notice to Ptotes . It is our i andon to file it protest as we have already cupp legal counsel. We will be kxWng at the other applications acrd eshr'WlW to determine if any of %ow applications have issues. Theon is a lot of tmcertainty m the Af milable Housing industry following the pry kkntud cle tiom. Tax Credit equdy pricing has taken a hit end the Bill to fix the 4% Housing Credits has stalled. We anticipated this in our uWawri ft but other applicents/d evelvpers did not and thawfine there may be more SAIL ferric wtunued due to deals not being Pnically feasible. We feel that timrc is still an ogpmUmity to gent back into funding nop and we intend to continue to cballenge. We will keep you posted throughout the prod. ATTACHMENT II Simon, Michael From: Robby Block <rblock@nurock.com> Sent: Monday, February 6, 2017 12:54 PM To: Simon, Michael Subject: RE: Florida Finance mtg results OB 4% application is essentially dead. That is why we discussed the other RFA that is a quick turnaround. If the commission isn't interested in going into the other RFA, it makes more sense to terminate the contract. There wouldn't be enough time for the City to do a RFP in order to meet the application deadline. I am pretty much open Monday and Tuesday if we can schedule meetings. Unfortunately, I don't have any other update on MLK until the State releases the initial list of applications to see our competition. Thanks Robby From: Simon, Michael [ma ilto:SimonM@bbfl.us] Sent: Monday, February 6, 2017 11:56 AM To: Robby Block Subject: RE: Florida Finance mtg results Thank you Robby. I'll see how their schedules are but next Monday and Tuesday will most likely be better since they have standing meetings with me on those two days. Please let me know if that will work for you. Regarding Ocean Breeze, is it fair to say that NuRock did not win the appeal/challenge against where you fell in the "rankings" and any connection to the 4% SAIL application submission is dead? I want to be very clear on this item myself so I can answer a Board member's question when asked. Will you be attending next Tuesday's CRA Board meeting? A few have asked me to find out. Michael Simon Interim Executive Director C.R.A. Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. j Boynton Beach, Florida 33435 561-600-9491 561-737-3258 SimonM@bbfl.us http://www.boynton-beach.org/ El 91 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Robby Block [maiito:rblock@nurock.com] Sent: Monday, February 6, 2017 9:16 AM To: Simon, Michael <SimonM@bbfl.us> Subject: RE: Florida Finance mtg results Good Morning Michael, Hope you had a nice weekend. MLK site Florida Housing confirmed that the lawsuit was settled and the Corporation prevailed. The petitioner had 10 days to file exceptions and/or waive the right. They did not do so in time to get on the Board agenda for Friday. Once the 10 days are up, the Board will have a telephonic meeting to approve the ruling and be able to proceed with the RFA. Staff has not been able to even open the boxes with the applications. Once staff gets approval, they will open and provide a summary spreadsheet of all of the apps, but I don't think this will happen before next Tuesday evening. Ocean Breeze—we have been reviewing the revitalization RFA and requirements. Can you go ahead and see if you can schedule some meetings with the commission for this Thursday and Friday? I am pretty open both days in order to give a summary update and work on the contract extension for Ocean Breeze. I don't know if we need to meet everyone, but its at your discretion. I am trying to catch up this morning from last week, if you want to talk later today or tomorrow let me know? Thank you. Robby From: Simon, Michael fmailto:Simon M(&bbfi.us] Sent: Friday, February 3, 2017 2:45 PM To: Robby Block Subject: Florida Finance mtg results Hello Robby: I wanted to get the update after your meeting yesterday/last night. What happened as it relates to your two projects? I'm working on the CRA board agenda and would like to add it to my status. Thank you. Michael Simon Interim Executive Director C.R.A. Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 561-600-9091 is 561-737-3258 EJ SimonM@bbfl.us 1 0 http://www.boynton-beach.org/ 0 91 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. ATTACHMENT III MLKP&D PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (Hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 153, Part III, of the Florida Statutes (hereinafter "SELLER") and HERITAGE AT CITY VIEW HOUSING PARTNERS, LP, or its wholly owned affiliate assignee (hereinafter "PURCHASER", and together with the SELLER, the "Parties"). In consideration of TEN AND 00/100 DOLLARS ($10.00) and the mutual covenants and agreements herein set forth, the receipt and sufficiency of which is hereby acknowledged the Parties hereto agree as follows: 1. PURCHASE AND SALE OF PROPERTY. It is PURCHASER's Intention to acquire all parcels as listed and depicted in the attached Exhibit "A" (hereinafter the "Project Area") in order to construct a new mixed use housing community development on the south side of Martin Luther King, Jr. Boulevard in the Heart of Boynton community. Seller is the owner of the highlighted parcels within the Project Area as set forth in the attached Exhibit "A" and agrees to sell and convey to PURCHASER said parcels on the terms and conditions set forth herein. The Parcels owned by CRA within the Project Area shown on Exhibit "A" shall be known as the "Property". 2. PURCHASE PRICE AND PAYMENT. PURCHASER and SELLER have agreed to an overall land acquisition budget of Two Million and 00/100 Dollars ($2,000,000.00) for the purchase of all parcels within the Project Area. PURCHASER shall provide to SELLER purchase agreements for all parcels within the Project Area not awned by SELLER (hereinafter "Third Party Parcels") and a Purchase Price for the SELLER owned parcels in Exhibit "A" shall be calculated by subtracting the sum of all fully executed and binding Third Party Parcel contracts from the Two Million Dollar ($2,000,000.00) acquisition budget. The Parties acknowledge that this could result in a nominal purchase price for the Seller owned parcels. PURCHASER understands and agrees that this calculation shall be utilized notwithstanding PURCHASER's failure to acquire all parcels within the Project Area. 3. DEPOSITS. An Initial Deposit in the amount of TWENTY-FIVE THOUSAND AND 00/100 ($25,000.00) shall be deposited with Lewis, Longman & Walker, P.A. (hereinafter "Escrow Agent") within five (5) business days following execution hereof by the Parties. The Initial Deposit shall be fully refundable to PURCHASER, if prior to the expiration of the Feasibility Period (as hereinafter defined), the PURCHASER advises SELLER in writing that it does not intend to complete the purchase of the Property. Said Deposit shall be credited to Purchaser at Closing assuming Section 2 Purchase Price and Payment is met. 3.1 Second Deposit. An additional deposit In the amount of TWENTY-FNE THOUSAND AND 00/100 ($25,000.00) which together with the Initial Deposit shall be referred #W2351 v1 3036"ON 00715764-I PURCHASE AGREEMENT/ NUROCK/MLK South Page 2 of 17 to as the "Deposle shall be deposited with the Escrow Agent, at the end of the inspection Period. The Deposit shall be non-refundable to PURCHASER, except upon (1) failure by SELLER to satisfy any conditions precedent to closing; (ii) failure by PURCHASER to obtain a tax credit allocation (as described in Paragraph 7 below); (iii) upon default by SELLER hereunder; or (iv) failure of PURCHASER to obtain the items described in subparagraphs 5(a) and (c) below. All Interest accruing on the Deposit shall be credited to the Party entitled to retain the Deposit in the event of the cancellation or termination hereof. At closing, the Purchase Price shall be payable in cash, less the Deposit, and subject to prorations and adjustments set forth herein. Said "Deposit" shall be credited to Purchaser at Closing assuming Section 2 Purchase Price and Payment is met. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. S. CLOSING, The PURCHASER'S obligation to close on the purchase of the Property is contingent on the following: a) PURCHASER obtaining site plan approval from the City of Boynton Beach, Florida (the "City") to build up to 75 residential units for occupancy by low income households along with commercial retail space on on the first floor on the Property. b) Prior to the expiration of the Nine Percent (9%) Tax Credit Allocation Period (as hereinafter defined), PURCHASER receiving an invitation to underwriting for an award of low-income housing tax credits ("LIHTC") from the Florida Housing Finance Corporation ("Florida Housing"); and c) Seller delivering marketable title to the Property subject only to those title exceptions acceptable to the PURCHASER, all as more specifically set forth herein. d) Closing is contingent upon Purchaser's successful closing on the Third Party parcels. Closing is also contingent upon Seller receiving copies of all fully executed Third Party parcel contracts within S business days of executing the Third Party Purchase Agreements. 6. NiNE PERCENT (9%) -TAX CREDIT APPLICATION PERIOD. Prior to the last date of the applicable Florida Housing Request for Applications, in response to which the PURCHASER submits an application for LIHTCs that includes this Agreement, which is estimated to be not later than December 8, 2016 (the "Tax Credit Application Period"), the PURCHASER shall apply for an allocation of 9% LIHTCs from Florida Housing (the "Allocation"). 7. ALLOCATION. PURCHASER shall have until lune 30, 2417 in which to obtain the Allocation. The Allocation shall be evidenced by an invitation to credit underwriting issued by Florida Housing. In the event PURCHASER does not receive the Allocation and does not wish to W62351 v1 3M640000 UUM75na PURCHASE AGREEMENT/ NURQCK/MLK South Page 3 of 17 proceed with the acquisition of the Property, the Deposit shall be fully refundable to PURCHASER within five (5) business days after PURCHASER provides written notice to SELLER that it has failed to obtain the Allocation. 8. CLOSING DATE. The Closing shall take plate on June 30, 2017 at such location to which the parties may mutually agree in writing. 8.1. Closing Extensions. PURCHASER shall have the option to purchase from SELLER one six (6) month extension of the Closing Date ("Closing Extension") for the sum of Twenty Five Thousand Dollars and 00/100 ($25,000.00), which shall be nom -refundable to PURCHASER except for SELLER'S default. 9. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in tee 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 an the Survey (defined in Section 10.3), to which PURCHASER fails to object, or which PURCHASER agrees to accept. 10. INVESTIGATION OF THE PROPERTY. For a period until January 31, 2017 ("Feasibility Period"), PURCHASER and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II environmental investigations, which PURCHASER may deem necessary. During the Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this Agreement. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, reasonable attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER'S #4462351 w1 303644=0 0ayss7644 PURCHASE AGREEMENT/ NUROCK/MLK south Page 4of17 Investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 10.1 Seller's Documents. SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement. any existing title policies, appraisals, copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, copies of all permits, authorizations and approvals issued by Governmental Authorities for the Property and any correspondence which discloses claims, allegations or adverse information regarding the Property or SELLER with respect to the Property. 10.2 Title Review. Within ninety (90) days of the Effective Date, PURCHASER 'S counsel, as closing agent for the transaction contemplated herein (the "Closing Agent") shall obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER In the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after receipt of the Title Commitment notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"). If PURCHASER falls to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). Notwithstanding anything to the contrary in this Section, SELLER shall have an affirmative duty to satisfy all title requirements which are liquidated claims, outstanding mortgages, judgments, taxes (other than taxes which are subject to adjustment pursuant to this Agreement), or are otherwise curable by the payment of money without resort to litigation (collectively, the "Mandatory Objections"), which may, at SELLER'S election, be done at Closing by the Closing Agent's withholding of the applicable amount from the proceeds of sale. In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections which are not Mandatory Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period at no cost to PURCHASER, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, any Deposits shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company 94462351 v1 3D36"Ma omssWA-1 PURCHASE AGREEMENT/ NUROCK/MLK South Page 5 of 17 to issue an updated Title Commitment ("Title Update) covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 10.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, 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 10.2 concerning title objections. 11. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to dose on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 11.1 Representations and Warrantles. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 11.2 Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever involving the Property or the SELLER, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 11.3 Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 11.4 Construction Permit Approval. The SELLER will cooperate with the PURCHASER with regard to signing and processing any applications and forms required by the City or other authorities having jurisdiction over the PROPERTY to obtain building permit approval and such other design and construction documents as may be reasonably required by PURCHASER to permit the Project to be constructed and operated. The PURCHASER will be responsible for all costs associated with the formulation of the Project's design and construction documents as well any and all applicable permit fees associated with the Project. 11.5 Community Redevelopment Agency Contribution. The Boynton Beach Community Redevelopment Agency (CRA) agreed to commit $1 million toward the acquisition and development of Heritage City View, mixed use senior development along Martin Luther King Boulevard, in the Heart of Boynton. Said contribution will be in the form of a Grant to #4462351%a 30364 -MM W71M¢1 PURCHASE AGREEMENT/ NURQCK/MLK South Page 6 of 17 meet Florida Housing Finance Corporation Local Government Contribution Preference. 12. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 12.1 Deed and Authorizing Resolutions. SELLER shall furnish a Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions, together with such resolutions or other applicable authorizing documents evidencing approval of the transaction by the SELLER's governing body as the Closing Agent and the title Company may require. 12.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law, that the SELLER will not record or enter into documents affecting the Property after the last effective date on the Title Commitment, and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non -foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured Title Objection. 12.3 Closina Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 12.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 12.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 13. PRORATIONS CLOSING COSTS AND CLOSING PROCEDURES. 13.1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, #"62351 vi 30364-00Da 907MM4 PURCHASE AGREEMENT/ NUROCK/MLK South Page 7 of 17 taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill which discloses an actual difference in the amount of the taxes estimated at Closing that exceeds $1,000. 13.2 Closing Costs. SELLER shall pay for documentary stamps on the deed, recording the deed and any cost associated with curing title, Purchaser shall pay all other closing expenses. Each party shall be responsible fortheir respective attorneys' fees. 13.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (1) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 13.4 Existing Mo es 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. 14. REPRESENTATIONS, COVENANTS AND WARRANTIES. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 14.1 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 14.2 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 14.3 kTIlatign. There are no actions, suits, proceedings or investigations pending or threatened against Seller or the Property affecting any portion of the Property, including but not limited to condemnation actions. 14.4 Parties in Possession. There are no parties other than SELLER in possession or with a right to possession of any portion of the Land. OUO3s1 v1 30364-OD00 OMS764.1 PURCHASE AGREEMENT/ NUROCK/MLK South Page B of 17 14.4 Acts Affecting properly, From and after the Effective Date, SELLER will refrain from (a) performing any grading, excavation, construction, or making any other change or improvement upon or about the Property; (b) creating or incurring, or suffering to exist, any mortgage, lien, pledge, or other encumbrances in any way affecting the Property other than the Permitted Exceptions (including the mortgages, liens, pledges, and other encumbrances existing on the Effective Date) and (c) committing any waste or nuisance upon the Property. 15. DEFAULT. 15.1 PURCHASER'S Default. In the event that this transaction falls to close due to a wrongFul refusal to close or default on the part of PURCHASER, SELLER shall be entitled to retain the Deposit, and neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER. 15.2 SELLER'S Defaultin the event that SELLER fails to fully and timely to perform any of its obligations and covenants hereunder or if SELLER Is in breach of any representations herein, PURCHASER may, at its option (i) declare SELLER in default under this Agreement in which event PURCHASER may terminate this Agreement, receive back its Deposit and neither party shall have any further rights hereunder or (ii) seek specific performance. 15.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non -defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) business days from the delivery of notice. Both Parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non -defaulting Party may exercise the remedies described above. 15.4 Survival. The provisions of this Section 15 shall survive the termination of this Agreement. 16. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Executive Director, Michael Simon #4462351 v1 30364-OWO W1576hi PURCHASE AGREEMENT/ NUROCK/MLK South Page 9 of 17 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Kenneth Dodge, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Dave, Suite 1500 West Palm Beach, Florida 33401 If to Purchaser: Heritage at City View Housing Partners, LP Attention: Robby D. Block, Authorized Agent 8794 Boynton Beach Blvd., Suite 219 Boynton Beach, FL 33472 Telephone: (561) 990-2614 Facsimile: (678) 218-1520 Email: rblock@nurock.com If to Purchaser: The NuRock Companies Attention: Robert Hoskins 800 N. Point Parkway, Suite 125 Alpharetta, GA 30005 Telephone: (770) 552-8070 Facsimile: (770) 552-8748 Email: With a copy to: Arnall Golden Gregory Attention: Mark Gould Suite 2100 171 Seventeenth St. NW Atlanta, GA 30363-1031 Telephone: (404) 873-8782 Facsimile: (404) 873-8783 Email: 17. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld, This Agreement may be freely assigned by PURCHASER to a wholly owned affiliate assignee of PURCHASER, and thereafter PURCHASER'S assignee shall be obligated to close the transaction contemplated herein as if such assignee were the original party to this Agreement, Any assignment by PURCHASER to an unrelated party shall be subject to the written approval of SELLER, which shall not be unreasonably withheld. X1""51 v1 30364-0000 00715764.1 PURCHASE AGREEMENT/ NUROCK/MLK South Page 10 of 17 18. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materiafly altered by an act of God or other natural farce beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and receive a refund of the Deposit and the parties shall have no further obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, SELLER shall promptly notify PURCHASER and PURCHASER shall thereafter have the right and option to terminate this Agreement by giving SELLER written notice of PURCHASER's election to terminate within fifteen (15) days after receipt by PURCHASER of the notice from SELLER. SELLER hereby agrees to furnish PURCHASER with written notice of a proposed condemnation within two (2) business days after SELLER's receipt of such notification. Should PURCHASER terminate this Agreement, the Deposit shall immediately be returned to PURCHASER and thereafter the Parties shall be released from their respective obligations and liabilities hereunder: Should PURCHASER elect not to terminate, the parties hereto shall proceed to Closing and SELLER shall assign all of its right, title and interest in all awards in connection with such takingto PURCHASER. 19. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (Including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 20. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 21. DEVELOPMENT AND SALT: OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sola purpose of developing a multi -family development. 21.1 Seller Design Approval. The PURCHASER agrees that the SELLER shall have the right to reasonably approve the design of the Project. PURCHASER shall submit plans to the SELLER for review prior to submission to the City for approval. SELLER shall provide #4482351 vi 3M64-= DOM764-1 PURCHASE AGREEMENT/ NUROCK(MLKSouth Page 11 of 17 comments or approval of the design to PURCHASER at its next regularly scheduled Board meeting after PURCHASER submits plans for approval. 21.2 Required Protect Improvements. . PURCHASER shall incorporate the following design improvements into the Project: a) If requested or required by the SELLER, the Project may be designed to be a gated community to enhance the value of the Property. A decorative fence may be installed around the buildings comprising the PROJECT to create an enclosed space. If requested or required by the SELLER, a mechanical gate may be installed at the entry and exit of the Project requiring proof of residency for entry. b) The Project shall have a 8' sidewalk constructed around the entirety of the Project within the public right-of-way. c). The Project shall install streetlights approved in design by the SELLER and City, placed outside the perimeter of the Project in the City right-of-way at intervals according to the City code. d). The Project shall have trees in species and caliper approved by the City and SELLER installed outside the perimeter of the izroject within the City right-of-way at intervals acceptable to the City and SELLER. 21.3 Limitation on Use of Property. SELLER acknowledges that the Property Will be rezoned to Mixed -Use Low 2. 22. DEVELOPMENT TIMELINE. The following events must be documented in writing and provided to the SELLER upon completion of each action (collectively the "Project Elements"). a) Submission of application to the City for site plan approval by June 30, 2017 b) Achievement of site plan approval by the City by December 8, 2017. C) Approval of financing for the Project including the construction loan and permanent financing commitment in an amount sufficient to develop the Project no later than twenty four (24) months following the Effective Date. PURCHASER shall provide SELLER proof of financing for the Project within this timeframe. d) Submission of construction documents to the City for a building permit within seven (7) months following receipt of a binding commitment for the syndication or sale of LIHTC's. Proof of permit application fees paid will be provided to the SELLER upon submission to the City. Upon City issuance of the building permit a copy will be provided to SELLER. #4462351 V1 30364-0000 OD7357"A PURCi1ASE AGREEMENT/ NUROCK/MLK South Page 12 of 17 ej Groundbreaking ceremony and commencement of construction shall occur within two (2) months following the issuance cf a building permit. SELLER will be in attendance at the ceremony and participate in its planning. fa Temporary or permanent certificate of occupancy to be provided within eighteen (18) months following building permit issuance. 22.1 Default with Regard to Pro`ect Elements. If one or more of the required Project Elements is not achieved as required in this Section and/or if the timellne outlined herein is not strictly met, and PURCHASER has not provided SELLER with a written notice explaining the reason or circumstances not under the control of PURCHASER that have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same and which approval shall not be reasonably withheld, then (a) if such events are contemplated to occur following the Closing but fail to occur as required, then the PURCHASER shall be required to reconvey the Property to the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement and (b) if such events are contemplated to occur prior to Closing but fail to occur as required, then it shall be a default hereunder and treated as provided in Section 15, above. The parties understand and agree that in such instance SELLER shall be entitled to the Deposit in full and final satisfaction of PURCHASER's obligations hereunder. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence. 23. MISCELLANEOUS. 23.1 General. This Agreement and any amendment hereto, may be executed In any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, In the United States District Court for the Southern District Court of Florida. 23.2 Computation of ,Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this #4462351 A 30364-0000 007!5764.1 PURCHASE AGREEMENT/ NUROCK/MLK South Page 13 of 17 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. 23.3 Wainer. Neither the failure of a party to insist upon 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. 23.4 Construction of Astreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall Include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 23.5 Severability. if any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 23.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by SELLER and PURCHASER shall control all printed provisions in conflict therewith. 23.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 23.8 Attorneys Fees and Costs, Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 23.9 Bindina Authors . Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has #44V351 v1 30354-= Oom7wl PURCHASE AGREEMENT/ NUROCKJMLK South Page 14 of 17 full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 23.10 No Record[ . This Agreement shall not be recorded in the Public Records of Palm Beach County, Florida. 23.11 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 Deed and PURCHASER'S possession of the Property. 23.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. 23.13 Public Records. SELLEkis public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in connection with this Agreement; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law, and d. Meet all requirements for retaining and providing public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. SELLER shall, upon request, provide guidance to PURCHASER as to the public records keeping and reporting duties that are imposed upon PURCHASER as provided above and shall take all steps reasonably required to assist PURCHASER in not violating them. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. if PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. #446z3s1vi 303640000 avluas4-1 PURCHASE AGREEMENT/ NUROCK/MLK South Page 15 of 17 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: HERITAGE AT CITY VIEW HOUSING Printed Name: Robby D. Block Title: Authorized Agent for Partnership Date: WITNESS.- Printed ITNESS:Printed Name:b'i'z ESCROW AGENT Lewis, Longman & Walker, P.A. Printed Date: 14462351 v1 30364-0000 ODM764-1 SELLER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name: Stev en B. Grant Title: Date• d _/6 `/ Printed Name: ��ifs WITNESS: Printed Name: j PURCHASE AGREEMENT/ NUROCK/MLK South Page 16 of 17 EXHIBIT 'W LEGAL DESCRIPTION SELLER Owned Parcels: • 118 E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0050 -Lot 5, Blk 5, PB Country Club Ests • E. Martin Luther King Jr. Blvd. - 06.43-45-21-10-0054)090 - Lot 9, Block 5 of Palm Beach Country Club Ests • E. Martin Luther King Jr. Blvd. - 08-43-45-21-10-005-0100 - Lot 10,11,12 & 13, Block 5 of Palm Beach Country Club Ests + 206 E. Martin Luther King Jr. Blvd. - 08-43-45 21-04-000-0202 - South 100 ft. of the West 5 ft. of Lot 20, 21 & 22, Robert Wells Subdivision • 117 NE 9th Ave. - 0843-45-21-10-004-0050 - Lot 5, Blk 4, PB Country Club Ests * 123 NE 9th Ave. - 0843-45-21-10-004-0060 - Lot 6, Blk 4, PB Country Club Ests + 129 NE VwAve. - 08-43-45-21-10-004-0080 - Lot 8, Rik 4, PB County Club Ests • NE 9th Ave. - 08-43-45-21-10-004-0090 - Lot 9, Blk 4, PB County Club Ests • 141 NE 9th Ave. - 08-43.45-21-10404-0100 - Lot 10, Blk 4, PB County Club Ests • 151 NE 9th Ave. - 08-43-45-21-10404-0130 - Lot 13, Block 4, Palm Beach Country Club Ests THIRD PARTY PARCELS: + Martin Luther King Blvd. — 08 -43 -45 -21 -10 -OM -0068 — Lot 6, Block 5, PB Country Club Ests • 130 E Martin Luther King Jr Blvd. - 011-43-45-2110-005-0060 - Lots 7 & 8, Block 5, PB Country Club Ests • N6: 90 Ave. - 0$43-45-2110-004-0040 - I.Pt 4, Block 4, PB Country Club Ests • NE 96 Ave. - 09.43-45-21-10-004-0070 - Lot 7, Block 4, PB Country Club Ests, • 14:3 NE 9a' Ave. - 09-43-45-21-10-0040110 - Lot 11, Block 4, PB Country Club Ests • NE 0 Ave. - 08.4345-27-10-004-W70 - Lot, Block 4, PB Country Club Ests #4462351 vi 30364-0006 00713764.1 PURCHASE AGREEMENT/ NUROCK/MLK South Page 17 of 17 #446Z351vi M64 -UM 00775764-L EXHIBIT "A" LEGAL DESCRIPTION F� BO YIN N �BEAOCJ H CRA CRA BOARD MEETING OF: February 14,2017- Tabled 10/10/16 Consent Agenda I X1 Old Business I I New Business I I Legal I I Information Only j I CRAAB AGENDA ITEM: XIII.D. SUBJECT: Consideration of Community Benefits Agreement between the CRA and Heritage at City View Housing Partners, LP (NuRock Development Partners, Inc.) for the 2.97 Acre Site known as MLK,Jr. South Project located in the Heart of Boynton SUMMARY: At the August 9, 2016 CRA Board meeting the CRA Board selected NuRock Development Partners doing business as the single asset entity, Heritage at City View Housing Partners, LP to redevelop the 2.97 acre site partially owned by the CRA known as the MLK, Jr. South Project. Heritage at City View Housing Partners, LP is proposing to construct a three story, 75 unit senior rental housing development and they will be applying to the State of Florida for 9% Low -Income Tax Credits for funding. The project is dependent upon receiving funding from Florida Housing Finance Corporation in mid-December. The CRA Board has requested that any development or sale of CRA property include a Community Benefits Agreement. In general, a Community Benefits Agreement is a contract between community groups and a real estate developer that requires the developer to provide specific amenities and/or mitigations to the local community or neighborhood. The attached Community Benefits Agreement between the CRA and Heritage at City View Housing Partners, LP make a Good Faith Effort to fulfill the following conditions: • Work in partnership with the Boynton Beach Coalition of Clergy, acting as the designated Community Liaison • Hold a job fair in partnership with the Coalition and local contractors prior to the start of construction of the project to encourage Boynton Beach residents to work on the project • The developer shall give preference to Boynton Beach contractors for the construction work • 20% of the permanent jobs created by the project shall be required to go to local residents • The developer or the developer's general contractor shall pay Boynton Beach residents working on the project the current Palm Beach County hourly living wage of $11.64 FISCAL IMPACT: if the project is funded and moves forward to the construction phase, Heritage at City View Housing Partners, in partnership with the Coalition of Clergy will be creating job opportunities for residents of Boynton Beach thereby adding money to the local economy. CRAAB RECOMMENDATION: Option 2 — Recommend approval of the Community Benefits Agreement for the Ocean Breeze Project and Recommend having the Coalition of BOYNTC)i'�BEAC~ NQWM H Clergy work together with the Boynton Beach Faith Based CDC to better ensure the terms and conditions of the CBA are accomplished. CRA BOARD OPTIONS/MOTION: Option 1) Approve the Community Benefits Agreement for the MLK Jr Blvd South Project as presented Option 2) Approve the Community Benefits Agreement for the MLK Jr Blvd South Project with revisions Option 3) Do not approve the Community Benefits Agreement for the MLK Jr Blvd South Project Michael Simon, Interim Executive Director BOYN TON CRA =BEAC. CRA BOARD MEETING OF: January 10, 2017 - Tabled 10/10116 Consent Agenda I X I Did Business I f New Business I I Legal I I Information Only AGENDA ITEM: X1II.D. SUBJECT: Consideration of Community Benefits Agreement between the CRA and Heritage at City View Housing Partners, LP (NuRock Development Partners, Inc.) for the 2.97 Acre Site known as MLK,Jr. South Project located in the Heart of Boynton SUMMARY: At the August 9, 2016 CRA Board meeting the CRA, Board selected NuRock Development Partners doing business as the single asset entity, Heritage at City View Housing Partners, LP to redevelop the 2.97 acre site partially owned by the CRA known as the MLK, Jr. South Project, Heritage at City View Housing Partners, LP is proposing to construct a three story, 75 unit senior rental housing development and they will be applying to the State of Florida for 9% Low -Income Tax Credits for funding. The project is dependent upon receiving funding from Florida Housing Finance Corporation in mid-December. The CRA Board has requested that any development or sale of CRA properly include a Community Benefits Agreement. In general, a Community Benefits Agreement is a contract between community groups and a real estate developer that requires the developer to provide specific amenities and/or mitigations to the local community or neighborhood. The attached Community Benefits Agreement between the CRA and Heritage at City View Housing Partners, LP make a Good Faith Effort to fulfill the following conditions: Work in partnership with the Boynton Beach Coalition of Clergy, acting as the designated Community Liaison • Hold a job fair in partnership with the Coalition and local contractors prior to the start of construction of the project to encourage Boynton Beach residents to work on the project • The developer shall give preference to Boynton Beach contractors for the construction work 20% of the permanent jobs created by the project shall be required to go to local residents • The developer or the developer's general contractor shall pay Boynton Beach residents working on the project the current Palm Beach County hourly living wage of $11.64 FISCAL IIIA PACT: If the project is funded and moves forward to the construction phase, Heritage at City View Housing Partners, in partnership with the Coalition of Clergy will be creating job opportunities for residents of Boynton Beach thereby adding money to the local economy. CRAAB RECOMMENDATION: Option 2 Recommend approval of the Community Benefits Agreement for the Ocean Breeze Project and Recommend having the Coalition of For HffiuTAGE AT CITY VIEW SENIOR HOUSING PROJECT WHBRSAS, the Boynton Beach Community Rcdcvelopnw,ut Ageoay (CRA) was tvmaed PMOW to Chapter 163, FloMda &awi, to address ills rrdaebilitat n, consenmdon, ad sudcval�opmart of certain alums or blighted areae mtbim tho City of Boynton Bego* and WHERRA the CRA operates in fu pe of &C Boynton Bwh C===ity Redevelop mwt Plan (Plan); and WH OAS thea Project will result in tampoW and pmt jobs withm the Comfy RedevatoPmag Area (CRA Arca) in fm*wmm of the pian and WHEREAS, the Parties desire to sat %th their agnoemueswbg and undasstndiags in vvzi&S NOW 719WJ FORK for and in aonsideradw of the mutual proMises cantaiued her* the m imwy ofwhich both Paries hweby aclaaovdodjn the Patties Mw as Wows: I. Rwfth. The tedtals above aro hereby fimmporated as if fully set froth herein. 2. DalufthmL As used in this Agwoment: ffic Rowing rap bHzed terns shall ban the fi)Uowmg age (all deli itim incdude both the siltgular and plural foam) a) "Ag:+eamecir means this Coffimuuity Beaufts 30"law b) "Applicamd" means a MY feidemt intenWted in worldng for D c c ] ()p c r or a 3ubeaniracWr an the Pmje 4 HWWdOMdSW mWeats interesiad—iin worlpng m Pa't PMt= and/or on the property mamWanert team after the eomPletm of c onWac hm 7bis tccm shad refer to such City residents before and AAW they are bhW Stir jobs related to the Project. c) "City" meati the City of Boyson Bead "Commm34 Lwison" meas a formal or inftitmal oEORnWhon or entity appoisJtod by the CRA Board dug asdWs m counwAing City residents wig job 0) "CRA" means the Boynton Beach Community R edevaloqui t may. f) "CRA Araa" mins the land wi9tin the boundaries ofthe CItA juris&ction. h)A)L.._ `atm" means NuRock Cow tuctkm Ser Wove, u c -- j•}--"DmreloPn" ala 1i7t, ]E�o, :�IuRcrck {:onstruction Services LLC and l;r ita�:? a; C;;t; }i#e:Y Hqusin Rarhyers LP. individuafly and collectively. along with any affiliate cowpaniesat development partners that Are or will be subst"tially involved with the ro'ect and have ei uta a des_ated.: ; The term ahn itwlttdas any Pimply ManW birad by Davelopar_ k)b--"Dqpendent Obftstic=" means those obWons dean d fn parrtgnq* 5(cJ 6(b), and 6(a) of this Agmoeman% whfch are tmdar Wd to be oblfgatiooa of the Dev+elagter ate eomt agent on the pwformMM of the Community LisiM as deswRW m NA Agn+eemem% along wfth any other obligtrtIMs of E� r {�,r-U �'�+lcr,�cr that eaaaol reasonably be perfmaned but for the gaifnrmanuoe of the Commnn{ty f hdson Oil "Good Fafth Effort' mesas the ; egocdve parties w1E =haunt g jt xasonable meams to comply with the assodwbad dlrectivu and/or pt<ovisfo s. m)kL—"Iiving wage" MOM a minimum war to match tint d�od by the Palm Beaeb Comity Code of Ordinanoas Chapter 2, Article IV, Divfsjow3. At time of this AgMMCK the Palm Based Cavaty living wage is $11.64. ENJ---"ImW SubaoDftctar-QH&s9W Mearns any Stibcontuctor(aa dka% in tltis ARMUM tbat is wholly owned by inndIw&xls who Md& in &a City. Tf the Smear's WAX= is owned by a oorporIOCA, thea Sc corporation must be 8 aaLMz1 CRA Clergy work together with the Boynton Beach Faith Based CDC to better ensure the terms and conditions of the CBA are accomplished. CRA BOARD OPTIONSIMOTION: Option 1) Approve the Community Benefits Agreement for the MLK Jr Blvd South Project as presented Option 2) Approve the Community Benefits Agreement for the MLK Jr Blvd South Project with revisions Option 3) Do not approve the Community Benefits Agreement for the MLK Jr Blvd South Project Michael Simon, Interim Executive Director wholly owned by individuals who reside in the City. If the SubconbUtpr bussnM is awned by a p ip or limited liabilit3' company, thin at least 20% of its pwtaers ormombm must reside in the City. MM XuRa D '�?►_., ' Shall masa Heritage at City View Housing Partners, LP p} �"PatttCS" mem the sipatw mS to this Agra meat, The term "Party" means gay fix iVkd Ml signatory to this Agrcemeat. t)W- ,."Plan" moans the operative Ca==ty Rodevelopment Plans or Plana of the CRA. E)9L_"Prqw' means dw Heuitage at City Vaew 3erni0r Honsing Project that Deirelopw shall Gauss to be caatsttvcted within the 2.97 acre site edea locatod as E. Martin Luther King Jr. BonlevuxL Baynton Beach, Fbada. as da mbad is "Exht'bit A,," alta hW hereto and inoorporated hatim W -L— .. "PrItect PfOPW means the property the CRA mtW In convey to Developer for the project. �I X 3. Nous. All noticao r *died under d6 Agremeot shall be in whiting and shell be a wow to the appn+opriate Party at the Partys address sd fiorth below. Notice® shall be sent by certi$ad mail, retmn receipt regaest4 and shall be deoaned delivewd three days a$ear dapaait is the United Stems mail. Alteeaatively, nadoe may be hand delivered and shall be deemed received on the date of delivery, as evidenced by flee written repent or racaipt of gm courier samea. Any Party may chmp its address or the name and addraw of its aftmmWa by giving a Wo ty (20) day native to fire other partes of the Agamont. The addresses of t#te Putties for p uWsm of this Agreama t are~ Domkp r: Heritage at City View Hmis ng Parb=86 Lp Robert Hoaldne, mamaW of the Gama l parbW 800 N. Point Padcway, Suite 125 Alpha, GA 30005 aaPu&N-i CRA: <, Executive DirWtor 710 N. Federal Highway 13Oyntan Beacom, FL 33435 a) Rmu t qualified Applicants to Bill teaapo my and pamatmmi job positlosms mff4ltmg fiom tb8 Pmjaotf b) Pnmsomen yob Applicants to det =me skills mad mulific ebm of AlVhc Puede job qua to Applicata, and where t+e momMe, provide OnWmfwd fthft to App1icmats to Pr's ft AppUmAs for the available positk ms; C) Whem wary and mumble, p W4& App&w* With afli, Applicaft aria hind for jobs asmoiated with the Project; amd d) Act as a liaison between Developer mad commmnity erg mi sdm for the mutual booefiit of the Dwelopm and sash comity moons. -54JNOjeet Coushmethm Jobs, The Developer will males a Good Faith Effort to: a) Wzt a minimum of three qualified Lscl sub=*wtws Oat will him and train gaalifcod Applicants to wwk on the Project, and ragWm those Local SubcContracdms to provide p wf that tbey hive hired ApVhcm L b) Refer and hire to worm ander the supGrvis = of subs Wd Develong aper will make a Good Faith Effort to watch the APpli DOfs dills (such as Plumbing, laadscatpimg, labor, etc) to Demdo cr's geeds or to a Subconttthat can use those skills On the Project. L In evelmOug Applicata, Doper &W not disqualify an Applicator on the gro►mmIs tbat the Applicant was ptxcviou dy hxwccnbod on saki,$ mJmkmc nam ; howum Developer may require any Appli=W to submit to chub ming at any time ding the Project and may rafuse to hire or may fire achy Applicant who &N a drug test. SWINVU4 4 C) 'linin Applies tD work on the Project in a meaner that will allow those Applicants to use Such inedning in future work in the comstnicacm iiid E>! velL er uatryr.__ ._- [r]av fulf It this obligation -by _recur t� and ensurir7 that.. Subcontriclors train tii.�f.h A��licant4 in a manner that will ,if]ow lhoc c Appiicani� to U",(:su4ii_tFa.n;n� �i3 tutur� wort~ in the c•cu-5t►vc;tion ir_..__..n&Sfry d) Requwe all sub rs to Submit payrolls of bund Applfes to the DeVWopm Sunny six months. Such payrolls must inchrde the name and address of any Applies that werte hired to work an the Pwjc4 along with the numbw of louts each Applicant worked and the armors=dh Applicant was paid. Developer shall acquire this uuh'l %e Catifirati(a of CkMplat M is iasaed far dw Project. e) Chate a stoaaestial prngtram modd for la oft and hirigg ,Applicants tbat am Dwn w a model for futmm deveilopm'S in %a CYty of Boynton Basler, Any such prop= shall not be eoneadered proprietary and Dwdoper will ohm the opatrational details of any suds progreni with the CRA upon ragaea by rho CRA. 5.7 s Qllips far P=P= for Pwmaneot Jobs. Developca agrees to aIla� a mImdmum of II% of tine permanent job positi me raglting froom the Projed to qudMW Applicants„ F rffiw, Deva open agmes that whom hiring for jobs associated with the liojut, fibs Developer will: a) ftovida a list of job motions and pmpaty maoageommt pokfwns„ including qty MWWW, to to domed rqmwaWfive of the Community LWaq, b) hWw a MW Faft Effba to ftcdvdy r i - rait qmd fwd AMHcata filmouh the Conimmity Liaison by requesting lisle of Apphicsints #hat mairh a job's c) Clive rdwmw y to quddod and wqwWwW-AXhcanft rafinrred from tha Community Lidwa; d) Tfwk and monitor, an a sesni-annual baais, dm prog<+ess of Applicanb that are hued, end provide additw[W support and training to hnvd Applicants if and e) Provide all =*yvas ori the property manaSoxft tom, including those bred as a recruit of this Agree®mot, with the sante benef la. DeFvaloper will not provide eanploYM hired outside of thin Agreenkwt with any benefits not available to Applicants Hired as a r+ea dt of this Aginemea t sea 5 M. hho Wage. Developer will pay (wa ww all Suboan= torn to pay) a Living Wags to all Applicants hired to woik dming the COndructim of the Project and to Applicants hired to a petznanent position Ming fi m the Projed and/or Developwls Bmpmty manag==e team. Developer shall not be responsWe for acsudng a Living W is paid to City rewdunt8 hived by third party mdt%a far jobs t hd are only incidentally the result of the Project and over which Dever has no control. a) Developer will, and will require all Subconbraotors to, maw payr,og ro=& ft APACOBW that are Iu vd and will preserve dl= and make therm nay available to the CRA Jbr a period of no leve than three yms f M-�.MQI�will. to the best of :lily _ x„e conamesad ubcoatracboes payroll rwords-�ntain amname, addt+eev, hours w dwd. and pay earned for each � living within the G oro b) BeSkmag at the date of imcanoo of flu Notice to Proceed through M year afk r the issuance of dw Ccatificatos of occupmy. Dev&per wtil provide a report m the CRA every six months that ocaoWO the fnSormat= andrecorb of de Lon wLor and.,. U -.�-�aCo de mInd in sr ton (a) of US pwagm* WrOj®et is for Proiat. The Parties agave and admowledge that the Project is -for profe and that tLis Agreement ahall not be aanftW ao ae to MMSO ably hind the eeeaomic AM''h ty of the ProjeM Therefore. the Parts agrw a) This Age+eemnut is and shall be subordinate ID in sl ftu ing, b) 'This A r=ment is and shad be aubcadfnste to the requimte of the Tax Excimpt Bond program C) IMS Agreement is and droll be sdbm inete to any acquirement of the Low Income Housing Tax GwO ("IUM") program d) This Agreemed is and sball be subordinite to say requfremag imposed by the Department of Housing and Urban Devdbpnw t C%LjD") on this project. C) If dle[t0 is a foreclosure of the Project pxopwr % the £oredwing leader or the MOceaaer in ownership shall not be bound by this Agr+eemmt, but may eded to bind aster fain this Agi=a d under the Weahmml. terms and motions heroin. t) If an institutional lender for the Ptrgad dww any portion oflhk Ag ewwW objectfanab* Developer shall mobs a Clood Fdth Effort to convince am iwdtU iGW Imler to accept the tams of this Ap amnent. if the mstituihwd leader will not accept a portion of fire Apart, that portion of this Agreement shall be eve and deemed delded, gj If a purchaser of rim LIHM for the Project deem any portion of flys Aglemnent a«I 6 objectionable, Developer sha in a to convinces the purchaser to accept the term ofd* Agmement, If the p=hww will not accept a portion of the Amt; that paetian of this Agreement small be ineffective and donned deleted. h) The Parties will not rommd this Agreement or any mean I thCMf in the public records. It is the parties intent that this Agrncame M shall not be c=stived so as the loud the We of the Propedy, J) Payment of a Living Wqp to any temporary or pmnmmt boy= hired as a fm* of this Ag gement shall not be considered to memon ft hinder the 000nomic feasibility of the Project. jj Cott ofihe pmmtapoftmVmvzyerpmnzmmtjobstoCityrmidkmb pursuant to this went shall not be considered to fly birder the economic feaas�ity oftba Project. k) Providing all employees On the ftanI6 mcdndiag thm hired re a result of this Agreement, with the same bme is shall not be considered to unreasonably binder the economic feasibility of the Project. In the event of a conflict betwean this paragraph and any other paragraph, term, or obligation in this Agreeznen� this paragraph shall control. 'dam IvIoPes''s DbJigaSM COndn9Mat Dei►+ IOPe 's perfarma= of flus Dependent Obligations are Contin on the Cammmity Lidisoz's performmm as des nlxd in this Asmdineut. DoWepar is obligated to mWw it [toad Faith Effort to pelican all of its obligations, but to the the Community Liaison's Ware to peribm tenders my portion of tdw Dependent Obligations moble or uneessonable to achie°vr, Developer shall be reHaved of its obligation to pest that portion -of the Dependent ObHgdIoaL i!Toiope1- 6R. enc 1 by the Coromanity bison sball only rchave Developer of The portion of Dependent Obliphow that were Sc tuadly dependent on the portion of the Conmanmhy Liaison's obliptions that were not performed. 40r11. , jAnnnal Reports to CRA Board. The CRA staff shall p:+epare an annual report (Annual Report) on the' n Offt Agt+ee� hr review by the CRA Board. The An =dReport will inoo ude an assamnent of Dcvodapea's ice to this Agmem=4 including a descdptkm of all motorial actions Dove kqw has taken or failed to tsidoa to Mpleyment and comply with fis Agrees>ment. Tl3e Annual Report will include detail suffident for the Bond to data== whether Developer has. complied with this Ay ememt, Upon request fiam The CRA, Developer shall provide (and raWre 5 oontzaotoas to provide) the CRA with my in pan MIUcated that is relevo t to the Annual Report, Dwdoper will provide, and will ro4uh+e rs to provide. CRA with any repourk record, or infom stion 6W the CRA deems reasonably necessary to monitor compliance with this Age t. Developer understands. and will aDnvoy to 5ubcontradors that any irdemation provided to rim CRA is a public 1 4,12. Heys„ Summers, end Assess. Romp as described in Paragraph- 98 will make a Good Faith Effort to require Developer's heirs, suicceasrns, and assigns to be bound by the terms of this AgreemeaL X13. �ffeefte DOW end This Age+ n=t shall become afffectivc as the date of tlm last nature to this Agra=4 aria shall automagca11y terminate three years afm issuance of the cm6ficabe of Completian for the Ptgect. 4-3-14. QnrterIy Meetings. Cammeacing at the effective date of this Ag eema , a T entative of the Developar and CRA shall mod quat#nrly, unless both Parties agree m fivquautweetings amqpWjdM 44-..jj—Amaodm=tL This Agreement may not be altered, amended or moMed, ezaept by written instrument signed by the each of the Parties. :. Anfneut. h -A, Party may file a Written notice with the otltw PLjrceming the other PeWs Purormance under this Agreement Farah Party agrees to investipft any issues desedbed in the writtm notice filed by the other Party relating to the OCIVdimi)rlleenentad and adhetam to this Ag�mea The Parties shall cooperate fully and y with any such investigatim and shall melee available all requested ramrds and ration reasonably deemed relevant to the irhvwdgatian, maWkwing of comphatwo or ind Wom with thele Agnea =4 or the Annual Report. a) The Parties agree that ops wdaw notice md wmaw assfiNwhM of a failure to abide by the terms of this Agreement, and prior to any default occurrence, each Party shall ]rave thirty (30) bvsi ms days to cure any declared daMency. b) to rune a deficiency mdUn the 30 bushness 4M 29%d &IM1-Vd in the Parties agree to engage is mandatory mediation prier to Sling any lawsuit ooneaz ag: this A,greennent or any Party's Pcrfimnazwe dwounder Rdmr"AW—Party has the right to demand media ion to resolve a dispuw by providing written nodoe, to the other Party as provided ft in this Ate, Upon written notice ding madiadon, the Panties shall agree cm a third arty, nenrtra] cmtfled mediator who shall meet both parties at a mediation that will occur at mutuahly agreed upon. time and place. The Parties must use Good Faith Efforts to try to resolve the dispute at the mediation, This paragraph shall not be corhstnled so as to acquire Party to change its positioaa. The cost of the mediation and mediator shall be divided evenly among the Parties, but each Party shall. boa the cost of its own eatorneys' fm and costs. c) Any agreement rearbed at mediatlon shall be aeduced to writing and become a binding and ux&m=b1e went betweeat the Partin. d) The failutn of a Party to abide by this process; to pmWwi pate in the soman of a rimhator, mediation data or timq mediatimh kmatio n; or to use Good Faith Efforts tie resolve the dispute at the mediation shall be considered a broach of this Agreetnent ROMMI 9 If the Pare are unable to resolve &a diign* at mediation, the NWAawd Patty or Parties may prumue any legal action to enforce this Agreement or any provision thereof and avail themeddves of any avoUble legal or equitable randy. 'be Fa ties agree that it is imPOW-7yk to preoaiaely cahcuha a the amount of damages that will be sustained by the CRA in the event aper fails to meet its obligations =der #bis Agrament, 0 determined by a g= OL99MMWO both Parties wish to obviate any question, or Apft coaoernigg the amomt of such damages. Thexeyf xv, the Parties agree that if DeveloPea flails to meet its obligaticros under this Agireeinent, Developer" Pay S in liquidated damages to the CRA..A 4&LL_Ama=ee Regarding Prig Contmeb. Each Party warrants that as of the " of cawadoa of this AgreaaneA it bas not a wcated any other agreama t that wwid violate RAY PMVWon oftbie Agr+ea xit, _C os with Laws. in its perf+aarina= under this Agreemut, Dw&W shalt eomOY izi all material resapeo M with all applicable federal and state laws and regulations acrd All applicable Palm Be wh Cowry, City of Boynton Basch, and CRA mdinanoas and recons. 414. .Authority to Shp. Each signstay to this. apmnmt somans and warrants that he or she is duly atrtborized to sign on. behalf of the. entity each claims to WPM= and that he or subc is m>t MuOd to eater into On Agreiameni. 19. O21 Faatire ApeawmL Tins Ageemendt m"emb the Aire sed sok qp=M and susdersdsnding between this Patties conixm ng the subject matter ended ha d& No temra bwein may be altered, emept in wring and only if aigne�d by all the parties hereto. All P� and agmementsdea's , untandinge, COMIMMicadons, conditionsor t rreaerrtations, of any " or nature, oral or written, == &g the sabjact matter amassed hare in, am merged into this Agreement and the teams of this Agreement a4xnede all arch other agm menus. No aatrarro w ikon may be used to alder the taams of this Agreamatt ,'L_wdvder. Thr; CRA may, in its sola and absolute ogaclon, waive any requizemrent of Developea' con wined in this Agreedmmt. The waiver of any provision or term of this Agmenient shall not be dedened a waiver of any othet provision or team of We Agreement; ear shall any waiver of any provision be deemed a continues waives udog expressly agreed to in writing. 24--N—Sevwabift. If wW team, promsicA covenant, or coodiiion of this A g mement is held by a cyaunt of competent jtmsdiastiom to be invalid, void, or undm%mnoablas, the; rs3a dudes of tie agra ment shall raw sin in full force and aff :a 22.2,3._Cavernbg Lary, Jarlsdfel�o®, and Venue. The terms and provisions of t'hfs went s be Owan l by, and construed and anf6ra xt in accordance with, the laws of the State of Florida and the United States of America, without regard to codni3ict of law principles. Vaame and jwudkd m shall be Palm Heavy Cot , Fladda, for all purposes, to d OMMI 9 wbirh the Parties fly agm ow subunit. 23--24. CItY Not a PL,t�iy. The Patties to this Agrea®,ent uzmdmtand and wcept that the City is rat a Party to this Agtecmemt Lad no "on may be balm against the City to =ft= t tis AWeemant or any WW@iaa thereof. IN Wl'I SMS VMMMF, the parties hereto hay c Caused this Agreement to be a wmAed on the day and Year Wntben below, il�a�ll . Y41 oil. 'A / a� lY' 1 �1 :li ['.-:_r1�R.IR fl 4]111 VII I� ,•la By: Dde: AufficrivNi Repwantadve fcw CRA Print Name. s erngW 10 Purchase and Development Contract for Heritage at City View Housing aka 2.97 Acre Project on MLK, Jr. Blvd. ocean Bnaeae ff=W&DApvwca PURCHASE AND DEVELOPMZNT AGREEMENT This Pwubase and Davdopaumt Amt (hceair er "Agra nneWl is made and aft vd into as of ft Siibative Date Mengna6w damned), by and bstw= 110YhI°hON BEACH RBDEVMCPNMW AGMCY, it public ageaay acated pumnd to Chapter 163, Part 1% of the Florida Statutes qmehafta "SEU.Etw) and OCEAN BRIT. HOUSING FARTNM, LP, or its MdW MEW= (he adier " PURCHAM , and to per with dha Si3LI.Blt, do "Patties'). In mon of TBN DOLLARS AND OW100 DOLLARS ($1000) and the mutaal coven mb and agraamemts herein 64 fwk the mceigt and NiftoW of which is havaby aclmowlodged the Parties Kato agree as hallows: I. 912=811 AM SALUME= 8MJ" agr= to NO and eosway to PURCHASER and PURMASER agree to purchase and acquim fi►em 311I.,LM to dw terms and conditions heat+aitcdkr 09 krik the mal FOPWW legaiiy described in Blit "A" sttached I w*W (fir the *Pmpmty"j Tho Pettles intend thM tine pcuohwe and sale and ging redavalopmant of the Property viii be effected in order to reduoo shun and blight =d t4 emble the c mahmdian of a new housing comity (tbe " an the situ of the ja mr housing project inwwn as Ocean amoze East. 2. E22LM Z= ANDA .The Purchase Fries ft the Property sha11 be WGHT HUMRM THOUSAND AND 001200 DOLLARS ($800,000;00) to be paid in full at Cdoft SELLER has complied with Sectian 163380, Fleeida SBaiaim, its pm we ft with the ado of tiro Pnopeaty to PURCHASER. 3. DIFF. An Initial Depoait in the empumt of TWENTY-FIVE THOUSAND AND 00/ 10D (W,000.00) shall be deposiW with Leis, Longman & Wehner, P.A. OWWW9" "R wow AgW") vdit two (2) bcsshm days foilovring cKcatif n hereof by the P9aft. The Idtial Deposit shall be MY refundable to PURCHASER, if prior to tiro Wq&UU= of the F001ib[lity Pwiod (m hereinathr defined the PURE advises SHUM in wn tag that it does not intend to oomplfe the a ofthe Pmpmty. 3.1 mit. An sddidaW d1V0* iti tin amaw t of TWENTY FM THOUSAND AND 001100 {WM.00} which topffia with the Initial DepWt ibsll bs refmol to as the "Deposit" shall be deposited with the BMW Ageait, at the end ofthe iu9pwdm Period. The Dgostt shah be non-oitundable to PURE, M* Von (i) Mme by SMUM to Wfl* any WDMM lmedot to clan % (i) fhnm by PURCHAMM to obtain an allocation of State Apartment Iwxutive Loan "SAIL", allocation of 4% hong my to and Palm B owl CMW Tau MMV Bond (as deaaribed in Paragraph 6balowj; (iii) upon defaui! by SBLLRR haus Mat, or (iv) fi WO of PURCHASM to obtain the itasns dcomibed in raphe 5(a) azul (a) below. All bdarest acing on the De xW4 if any, ahail be credited to the Party entitled to retain rho Daposit in the event of the caused or termination hereof, At closis& the Pu cbm Phos shall be payable in orifi, loss tbs Deposit; and subject to pgmtiom ed adjusttnanis sat fad binein. PURCHASE A Poo 2 Df 13 4 TE. The date of this Ahem (to "E&Wve Data'°) shall be the date when the last one of thea BMIm and PURCHASER has aigaed #his AVMML S. The PURCWM'S obliption to clodo an the purchase of *o Priopmty is aontftW& on the following: I) PMCHASBR obtaining site pian approval fivm the afy of Boynfan Heath, Flodda (too "cam') to build 100 residential Raft on the Pmputy for aaaupancy by low inome beide. defined PURb) PSM to the vgdMdon of the "SAIL" Allocation Pedod (aa hereinafter receiving an fnvitation to credit noderatdting for an award of State AP%*ocat hweagiv+e Loan C AII,,'I fimal the Florida Housing Finance Corporadoo C Florida Hain; sud C) gollodr dolivwing MrYatable title to the Property subject omaly 10 theca title excepdons WNPUblo to rho PURCHASER, all as mens upscdgOdy sat forth hwein. 6. " sag Prior to the last data of the applicable Florida H wft Request fbr Apglieadon% In te%ma to which the PURMUM submits an application fear ",Allocation" dmd includes this Ap umen% which is edimated to be not later titan October 31, 2016 (the "Ailocfim Application Period"), 7. ALLMA M. Pt7RCWBR shall have mn& Febmary 28, 2017, in whkh to Obtain the Alloc nHom The Allocation shall be avfdenced by an invitation to mve ua&rwflft fesuad by Florida Housing. In *0 Gag PURCHAEW does not remove the Allocation and does I" wish to prvcoed with the aagnidtlon of the ProperIN the D epodit shall be Mly rehm able to PURCHASER whin five (5) budiaeda days aft 1'TJRCHMBR provides written notice to SELLER that it hu failed to obtain the Allocgtlon, IocaEon to width the perdes may mutually Wee in wdft a oa Fabrusry 28, 201? a<t such 8.1. 9-00IMM&DgM PURCHASER shall have the option to pwhmse f m SEL LM at aay time VdW to the Closing Date, an (l) six month eactenaion of the Closing Date ("ClOft R tan") for de anm of Fifty Thousand Dolbn and t>01100 ($50,000M) which shall be non ridable to PURCHASMt oseept £er i9EUE R S deft ofwldch payments shall be applicabla to On Fwdaw Pdee at Glossa& 9. TITLE IQ M CWM= At Cbft MIXER *0 cmaW to PURCHASM by Sped Warr"y Dead eo Wyb g with the roquiremo of the 71tie, Cananitment Q,"uRft definadj, vaIK good, nye able and insurable title in free simple to the Pmpatty, free and clear of ally and all limps, an aWmnoes, t, &tfamd, easeanm>ts, asdeddmG*, raddefias and *&or c ondbions wwapt may, the fbllowletg (0a0Wvdy, the x9aua PURCHASE AGRSt3M MMiUROCK/OSE Peg,( 3 of IS "Permitted Jkwpdovo. (a) gcxterai real adds taxes and OPMW anoMe ate for the year of Cla ft and suboegerent yam not yet clue end Iw ai (b) wymots, coditions, woemet dedieat%tts, Asib-of? wap and Matha of record included on Ow Title Commitment at shown on the Survey (defined In Sect%n 10.31 to which PURCHASER Wh Io object, or whish PURCHASER agrees to accept, 10. OMMATM Q—F UM F For a period until October 31, 2016 ("Feasibility Perlodl, PURCHASER and PURCHASER'S agents, employees, dedgpRIS, CMUBOWO, EMOM MgWms, sn"Umts, e►ttomays and offiw coamilbua (callectivdy, Apnts'), shed have the rigbt, at PURC HASMVS cape to make inquiries 04 And meet with nmanbeaa of Governmental Authorities m coding then Property sad to Saw *poll the Property, at any time end from time to turfs with reasonable ndfim to Sidi T RR and so Iwo as said hwa liplicme do Wert result in a bins intcsnrption, to petfa m any and all physical insperttioats, acrd hwadhFfians of the Prope dy, incWft but not limited to Phase I ad Phase II p ell iuvmtigdionel which PUlt,C�i'AJM mil deem >�emry. ihuin$ Oe Feasibility may edea, in 'S sola add absolute dismid m, to tmsminata thio Agreement. If PURCHASER e%cts to umhate this ASMM01 in a000adan(e with ddB Section, PURCHASER shall: (i) lam the Property in subsWWWly the condition, a d&S on the Efibative Date., subject to snuolr didnrbance as WAs nam='bly nWesasry or OMMUMt in the heating and i wwflgetiM *fthe PwP+d A (h) to the eactmi pmaticable, shall repair and reatore any damage caused to dte PnwW by PURCHMEWS tcuft and invaWgUlon; and (iii) wlease to SELLRNR ea no cost, all reports and odw wcA gonwated as a rat k of the FEMMASWS tinting and itrvesiigation. PURCHASER hatxby agrm to indemnify and hold SELLER harhnless f m and est all claims, looms, expanses, demands and liabilities, indWin& but not limited 4 r easonable attorney's fes, fbr nonpaym wa for aarvfm ramrod to PURCHABER (indudiog, without Imutshon, any mskvwftm liens Muhing thrare or for dsmW to pamone or pmpwty (subjed to to IirnitatIm an p udcability provided above) wising put of PURC HASMVS invest3OAM of the Property. PURCHASE R's ohligatinns under titin Section BW wtvive the tern cm, ertpir dw or Closing of oris Agwament. 10.1 . SELLER alien deliver to PUR(3WBP, the totter u docruncats and Instruments wid & furs (3) daya of the Bffwthv Dote of #his Agren°°nt: aW MlAft tftie PaUdeS, qF1d4A1J, (*pies of any XqWb cr studies (Wuding 8nvlronmentai, engknn& XWMOM scat borings end other Physical reports) in SELLBR'S possession or oontml with respoot to the physical conditkn of the Property, copies ofall pemdts, authorisations Oftel appmo veli issued by GovemmentO Authorities Aw the Proprorty and any can=pondem which discloses olaims, 111080tiomn or advem®e ink re rding the Propacty at SELLER with respect to the Property. 10.2 Ttile Rei isvr. Within thirty (30) dayr+ of flee Dive Da% PURCHASER's cotmsel, as nosing agent ft the tranmaudon oogtnp "Merin (the `Vbd tg Aput") dhoti obtain, at the PURCHASWVS cgmwe, fiiacn a Title CpmpoW chosen by PURCHASER Owehu "'Thle C:ompany'l a Title Commifinent wyeft tc Ptoperty and proposing to insure FURC HASER in flee amount of the Purabeoe MW subject Only to the Permrttad mono, togab►a with Omg1e* and legible o*es of all baeumems id"Sed ae contlibons or wtaeptions In Sdhadule B of dw Title Commitment. PLTRCHASSR Bhall a amine PURCHA$R A WTMU IOCK/= Page 4 of 15 the Title Commihaut and deliver written nodus to SSR, no latear than twenty (?A) days after recefpt of the TWO Cammitmettt not Eft SELLER of any objwflons PURCHAM here to the camdition of title (hereinaftstr "PURCHASER'S 9.100 Obja*wie). If PURCHASM hill to deliver PURCHASEWS Tltlo Cltjejd= to SELLER with% the afnr uld roview pmiod, title shall be downed meted attldt to the amd1titms eat hrth in dw M Commitment. If PURCHASER thmely ddfvm the PURCHAW R'S Tido Objedon% deem M shall Lava OddY (30) days to diliwSy and in good feif undertake ail neoe=7 activvitios to CM Wd move the PIMCHASHR'S Tins OtjcWo= (hNefimaw "Clue pmrlod"). Notwithstanding eRydring to the tx>nrtrary in 96 Oftd 2, SHMER shall hmre an affirntefive duty to oath& all title rieqIMMts which on liquidated M=6 autatanding MUM=, jud m *, ova (other ftn tures which are subjeat to 84uatmettt PurOM t to We Agm=wO, or are otherwise curable by the payment of =my without wort to WSW= (aalieotively, the "Msmdatmy O>ljectit which May, at SELLER'S eleati w, ba done at Closing by the C kwkg Agent's withholdiro of the, Who" amtmat from the prooeeda of oak ha rho OMt #hat Si3Y. M is Luaabfe to clue and WMM% or oauee to be cured and rmoved, the PURCHASE IS Me Objwdons wtNch we ural MandetatY Objecdom witlin the Cues padod to the satisiludon of PURCHMER, tium PURCHASM in PURCHASER'S :role and t�evlube dfiMuWOj% shall have the option of (0 utendirtg the Cure Period and the Closing far one additional thirty (30) day period at no coot to PURCHARR, or (ii) woopft the Title to Sm Pmporty as of do time of Claft or (iii) 0XV&ft "d P � d1k� ifi�uther b titanear hsiml �neel�ned to t for throe mpeessly provided herein to ORuvive tcunion of this Agro Prior to the C1osM PURCHAM snail have the rigbt to cause the Tifle ComPany to issue an updated Title Commitment Nitta update') cOWDag the pxpWy. If any Mile Update aautefos any aanditione which did not appear in the Tide Cemmitme;4 and such items render We U mwketobl% PURCHAM mall Neve the riglrt to abject to such new or dff& mt condititam In wrhkg pfor to Hoeing. Ali rights and objet;&= of the Ptd with respect to objeodnng Wdft ftm the Titley Update Bleed be U smne as objections to helms appaaring in the Title Commitment, sabjeot to the provisions of #Lis Som W. 10.3 &9W Ravi PURCHASM at PMLCMAMIS erxpmse, maty obtain a carremt boundary► owwey (the "Survvy ") of the Prapenrty, indiadbg the rmmber of :eros oma p risme the Property to tha n areet MOM of an sam If the Smvalr distdosee w=achmGts on the PfM" err that bVmvemtt located theveva eamach on aetbaak imee, eaetmmts, hada of others or violate any restriatfome, covens b of this Agement, or applicable govanMOMW rRgulstiane, tfie same shall canstituta a title defect and shall be govemed by the pmvisione of 8WdOft 2 annoerning tifleobjectioas. 11. QCMM� TO CLOSING, PURCHASHR diell rat be obligated to rinse an the parchase of the Property unless each of t6 following conditions (oDllecti ►, ties "Conditions to Clo sl:40 axe either fulfilled or waived by PuRcuASER is writing: 11.1 Rammk4jong 49 W—un—u—Ift,All of the represeutatioms and warranties of SELLER contWNW in this Agreement shall be true and cermet as ofClosing, e PURCRAU AeRBMMN1YiV WCYJOBE Page S of tS 11..2 XQft P At Claalng, them shall be no liti or admi�trative agency or otber 8avaamenial pa000eding of any kind whafaomw involving the Propoety or the SMZBR, pending or trod, whicb has not be= disclosed, prior to closing, and accapted by PU1tMWBR 11.3 0MUS oc_ with LM md R= tion$ The Pecpeaty► shall be in oamplionce with all appiioablo faders], sante and loom laws, ardinences, roles, rgWations, code, requires wte, He4wes, permits end authOdXdi=S as of the date of Costng: 11A oZ►_Permif A nrn►a1, The SELLER %111- coapambe with the PURCHASER with to signing and pmcaesing ate► apPH=d= and fame ragi*W by the City or other autlbrities havk g juriedlesm over &a PROPERTY to obtain building pmt approval caul such outer design and c=tMetion &COmonis as may be reasonably reel hW by PURCHASER to pormh the Project to be owstturded and op zabed. The PURCHASER well bo rmm dble ft all DOW associated with the fanlation of the Projed x dedgn and congMC&M docme is as well my and all applicable permit Am assodated with the Pmjat. 12. QDMG RQQUhGMM The SELLER shall prepare, or cause to be prep, the Obsing D ammale sat fbath in fhls Section, except for documents prepwad by the Title Company, At Cloaiaag, SELLER shall execute and dalivar, or cause to be wmc W and delivered to PURCHAM the %allowing dooments and inetcmnents: 12.1 . SEi.UzR shall fiuh a Warranty Deed (the "Deed`) convoyin to PURCHASER valid, goad, rawketahle, and thou able fee, siau* title to do Property Ree and dear of All DOIN Oncumbranm and otter couditiona of We other than the Permitted Exceptions, bog4er with mob resolutions er otha applimble and * doownea* avl401 ft approval Of tba mon by the SELLER's gavan ft body ea the aoaing Agent and the title ConVanymay n quiet 12.2 clavi SM -LM shall fiunlslt tO PURCHABBR an owmea affldavh attesting that, to Rha but ofits kwOledge, no individual or entity has any claim against Ow Ptwperty under due applicable comftucdm lien law, that dm SML.BR will not record or enter IWO 6X=w* affficttng the Property afar the last eve date on tho Tltla C=mftmw t, and Haat there ane tto Portia in possession of the Property adw than li8i AL SMIRR shall oleo fiunish to PURCHASER a non-tmgn affidavit with respect to the Pmpaty. )n the event SELLER is veable to deliver its affidavits se&wced above, the sarin .shall be daeaned an ianOmd Two Objetsion. all aaaedits, 4ullnmts and p�mrations between PURCHASER and ing metwunt setting SSarth the Ptnrcliaoe o and W) coals and mpenees to be paid at Main& and rtes nat proceeds due SBLLER, wbich MLM shall also w= to and deliver at Closing. 12.4 eve DMMq&, DoOumesitathm regal ed to clear title to the Property of all liens, eumbmew and cepti08, if any, Odw than Permitted Sac vdone. E "ON&f PURCHASE A4RF..EhnM/MJROCWOBg page b of IS 12.5 -AM&Wd-D=MIMIL Such ether' docmments as PLJIi,CHASHR or the T%tle Ccrapany meg nessouabrly requaet &d SELLM oQcecut¢ and dahvor,and any odw documents mgviwd by fila A� or roasoatmhlY any in or+da' to closer gda baa OM OMMMG flue terms of this AStuneant. rti 0 Z. relW,e; . W ►.!r r r r t r befoura Clo13.1 �. Teras hr the Property shall bre prorated ttmoto the a4y sing. Cash at CloAng ahWI be inm*W or dcOmwed as may be requited by P=d= to be made thmvgb &a day prior to Cloning. TWO shall be prorated based up= the current yea S tenx whit due ■llowaace made for maximum Wimbte cgseau L If Cioaing ooaan at a date when the cum t yaar'a millago is nit fixed sad craven# Ycu$s ase nen is available, taxes will be prorated bated upon su h mm usnu t and Iniar year's mileage. If am", ywev aasesm'W is not avai]ablc, tern tam will be pwratod as 1d' Yeses tax. A tett pt+emtion based on as eOMW AMI, et n%Pw t Of either party, ba =4jwW Mpon racipt of tax hili whicdn diW OSM an aMW dim in the anxut of the tam esdmabod at Ching that axcaeds $1,404. 13.2 a SELLER shall pa} hr doom o tory stamps on the deed, tet'din$ &o dead and anycaost assodded with carat$ titk pwdnw da pay all other aping exPeftses. Bach party shall be ms asibie Ibr thair map wdive attomoya' ftL ba tiro 13.3 2WWIFaacrd� M PURCI�ASM Abell fand the Pumbaea Prico subject welt , crests and Pmutions set fnath bath SELLER and PURCHASER (es appRonble) Ade Mcwto and degvw to the Ceasing Apat the Closing Dacmtma. Tho Closing Agent serail, at CloaW (r) dna ttre axle pis to SEt ZIM. (Q deliver the ming Doom" and a "marked up" Titict Ommftwt to PURCHASER, and vomptly tbmufter, record tho Dead end otl>ef raccr&ble Clog Dorumants in 910 appr+opr#afie publlo rte. I3.4 adidu or OM" to be obtained, aatisf 000 or release of n*wd of all QUOS SELLERMand shall obtain, applicable to and aacumb�g the pcopady. • 11Ms nd ,�adg�manta 14, hereby tWes rats, oavenmts and warrants to PURCHAMP, m of fire ova Dab and as of do aoatug Date, as follows: 14.1 Tine eaamdon and delivery of ft Amt by SELLER and the Ommmmdioa by BRUat of the trnnaaetioa coatmplaied by this Agra m i ars widgn SBLM'S cepaalty AW all requisite anion has been taken to webs thin Agameat valid and b1hft Oft SELLER In wmdanca with fit tams. The pMM Maauting tbis Ag Ment on bdaalf of SELLER has boon duly auftdzcd to act on behalf of anddo bind SELL M, and this Agmw neat lRuftenlB a valid and binding obligww of SEL FEEL 14.2 MkIs SELLML is and w41 be an the C3oaing Date, the owner of valid, Sood, namable sad bmtable fec ShWe title to the Froputy, hiss and clew of all liems, arca FURCHABP AOREEk 3 amukOuum Page? of 1S mmmbraam and nethuftom of any kind, except the Permitted Hxog ions (ad enaannbran+ ofrocord which will be discharged at elosinW. .14.3 LANW. There are no aatlook suite, pwoeedinp or brAnd*ons pari ft or thrweatmed againd SeW or the Property a$eoting any poro= of the Property, includirg but not limited to condemnation aetlona 14.4 kWm in Posacmdon,Them are no parties Other than SELLER in pow*Won or with aright to possesidon of any pordom ofdw Propearty, 14A Agft Aftggg ft loom and af kur file Ef fiedve Da% 3lli,, B R WM re&afm Pimm (a) Pig my tiWR cxoavatlam,. Mamx&n, or making any 09r abange Or ht[Ovenumt opal or about the Property; (b) caeaiing of inmdng, or atul g to exist Spy mortgage, lien, Ply, or other ammhmwes in any way af11 g than ply other than the Permitted Bweptions (ia*ft fhc moripyn, lions, laledgas, and other caieatmbranm earisting on the wart Data) and (c) oummitting MW waste or nuisanoe, upon the Property. 15. DMAULT. 13.1 . In the Md that franeaction fags to mat dare ib a T004fal reiiusd to close or defanit on the Pat of PLMJMASSR, SELLER ahall be entitled to retain the DepW% and neither PURCFUSER nor SEL.LBR shaA have any further d>lfgatfm or lfabflitiea under this Agzeranent, MAVt for those OWNsly provided to sorvlve to ter kodion of this fit, provided, howtsvea, that PURCHASER Shall slug be responsible fiw undue � . ans as y Hn ted Wmat the Propc* by P clog by, &m* or 15.2 99UMS DOOMI in the event batt SELIM Rills to fully and timely to pgrfor any of its ohligat6w and oovmuu lrawader or If gMIXR is In breach of any repata riatiOna 120MM, PURCHAW3R may, at its optica (i) deme SELL M in deilwlt under this Arwnatt in which event P[)RCHAM may tearmbu to lids Agreemea4 reoefvaa ba* its Dpi neat ' partly shall b4" any king bawndw or (ii) mxk Veofic 15.3 1N0110e of Deli 1. Prior to deelarhe a def mk and exerdidng the remedies descdbed herein, t]m am-dcfbOliin$ Party dW1 lease a notice of debult to the tiag Party descsibing the evert Or conNOW of default In sufficient detail to enable a reasonable parson to d*Mrm m the action neeaaaaary to amre the dealt. The to ng Party shall have 5t% (15) day$ fllam delivery of the nofi a dmk g which to cute dw debults powyaA how"04 that as to a fbilum to dol% dw cure period cirri" only be three (3) buslam days fin the dellvmy of noffm Both Parties agree that If an extetWon Is requested, such extension shall not be ummoonably wMdd. If to da &uit has not boar mu -ed within the afaraasafd pwiA the non4eftift prxty may exeadse the ramadles deetm%vd above. PURL HAW AORE MEtT CAM hp8of15 15A Ste' ofthis Ageema�nt, The pwvislams of tms SeWon 15 aslnsll WMW he ft mir a. 18, kJOTICES, All notim mgvW 3n ibis Agitr ment must be in wr#t4 and eh U be coml� d a vww whm rcWvcd by ceahfiW ma, rch m receipt raqumt4 or per =W delivery to tine Wowing addr : If to Seller: Boyretan 9e86 OnnmityRedrMgmmt Asamy lXecua VD fir, Vivian L Brooke 7'10 N. Federal Highway Boynton B04 Fkwkla 33435 With a copy to: Kanalh Dodge, &qWtv Lewis, Ltmgmsn a waunm, P.A. 515 North Fl*er Teva, Bohn 1500 West Palm Bem h, Flmidac 33401 If to Pnrchmar: Dc*n Hrem Housing Panfn na L? A todon; Robby A Block, Avtho&W Agent for Parinasrehip 8794 Boyatam Bosch Blvd., Me 219 Bsyatmn Beach, FL 33472 Tolephom: (561) 990 2614 Foodmila (678) 219.1520 Rmaiit rbloaa omck c om If to Parba : The NWtotic Companies AtWolioas: Robert Hoskins 800 N. Poirnt Pavy, Suite 125 A[pbaroa, (1A 30005 7'oiephcme: MO) 552-8070 Faoslmita: (770) 5S°2-8748 mil: With a ovy to Arnall Golden Gregory Attent1m, Maik Gould Suiie 2100 171 i3.teenth SL NW Adawk GA 30363.1031 TdVhow. (404) 873-8782 FaadmiLc: (404) 873-8783 EWMA: 17. 13MNo 9DIMAT—IMMOO—NMEM, rine terms and conMong of thu ommew PSP AeRMISN' MUROCKADDE Pap9 offs Agrees Mt aro hereby made bMding on, and alsall inare to the benefit of, the sudors and Pwg IMed assigns of the Parties heaeto. BELUm may not assign its iatarest in No Agcmolmeat without the prior writtcm oornt of PUR,CHMER, which shall not be Wmscaably withhold. This A memnt may be ffeely assigned by PURC,HAM to an sifiliatod assignee of PURCHASER, and ther+eaiter FURC HMER'S assignee shall be obl%ated to close the U=Ucdon conteanplated hadn as if such sadpw were the anginal to this Agrawmt; Any NdPMMt by PURMMER to OR Urlor IWW party shall be a Ova to Me wdtMn MW*val ofS FLIER, which sh811 not be unasonably withhold. a UK C1F 'In the a VMA the *Dnd don of the Property, or any peat thareoi fs maaaraally altered by an Net of Clod or other natural ftm beyond fire control of qMjxj, PURCHASER may elect, as its 0018 optlmr, to terminate this heat and give a ref mxi of the Uaposit and the parties shall hm no fW*w obligations under this amt, or PURCHASER may awept the Fhveafy without any reduction in the value of the Property. in the� dant ofths mast+ M of eny procepdinga by MV 00varmneartal Authority which shall relate to the proposed taking of anY portion of the Fwporiy by anb,ont dennaia pricer to C I0Wn$ or in the ev" of the taking of any portion of the Property by ambo cat detain prier to Closing SM LM aball Promptly Wti* PURMAM od PURCHASER shall themeftw have the right end anion to tanninate this Agoeammat by gtviag i R written notim of PURC.,HMMt'a deation to taminate within fifteen (1S) days after reccipt by PURCHASER of the nad= fm SM IAL SELLER hereby Wm to fbmish PURC1iAM with written natio of a proposed condemnation widrin two (2) busiaess days altar S&MBR's reeeupt of such notification. Should PURCHASER tenrrinate this Agreeanent, the DWWt shall immedtatdy be r mnW to PURCHASBR and the edw the Parties shall be ukased 1iom, their respwave obligatfons eras Mabilttlas bwawder. Should PURCHASM wdect not to tm&ate, the Paroles harcto shall proceod to aAftand SMAK Aa assip all of its dA title cad inja d in aU &wands in oonnaotion with such tWft to PURCHAS EL 19. AW= EM, Mw Parties hereby owbu that neocr of thews h" dealt with any brokar in connftdon wifh the transa doo, c atempIded by tis Agreemot. Bach Party shell indemft defend and hold harmless the other Party $am and against any and all alarm, da,mag, costs or Mmensea rindudin& wltt ut limitations, attorney's SM) of any kind or cbaractw arising out of or restating firm any egrearneat &rangmcwt or uadeestaading &Igpd to hems been made by either Party or on its behalf with QW bmkw or gndar in oosmedion with this fit• HOWOM, SEIR'Sf iadeand icatlon obligd= shall nat eawee4 tic plutory limits provided widda Sft iva 76$.28, Fkwide Statutus, and CRA does not otheawise waive its i w Wty r4bie. The prove ons of this Seadon stud survive Closingor to mialMou of this Aamment, 2D. MBMQNMgb= MMU=. '110 the best of MM St lcq WjagIM the Property and the we ami OPKAdon ther+nof ate in csrmplianee with all %*kaWc; emmty end vVeromardal laws, W&MM, reavighmn, lleMON permits ami aa&M=fi0M iaaludiag, wrthout DkItafion, applicable zorimg and enol laws and regula aw, PLMMANH AGREDAMlyNMCLAME Paso 10 of is 21' DMMDMFNT ANDSALS CyF M pgopmtly, SELLER and PURCHASER aclrnowled that dw Property is being sold to PURCFIASBR for the We p mposo Of developing a multi -family affordable development. 21,1 Tlsa PUI(ZASEIi, AVM that the SNIZER shall have the right to reasonably approve the design of the Pmgeot. PUROWER dWI submit plans to the SELLER far review prior to subnai d0 n io the City for apxavaI. 8 LLER sha11 provide OMMOnts or approval of the design to PURCHASER at its mmt regularly WJWWod Board meeft &ftwMMCNAsSR submits plaits for qp vM. 21.2 -ERQM IMMMMOM, PURCHASER stall iecorporate the follow;& design impzovetneob ifflo the Projeet: 0 lfregnestaa or Mquired by the SEU194 the Projog may be desipaed to be a gated oommuoky to enbanoe the value of fie Property. A dcom adve fence may ba installed around the build W cornprl ag fife y*eo to assts an as aosetl spas& If mgmMW w zegW d by the SEX , a mccluddoal sato may be installed at the OWY and exit of the Project requiring proof of residency for w*y. b) The: Project shall hm a S' sidewalk etmstruawl srotmd the endi;ety of the Project within the public d& -of -ray. a). The PMJOat shall Issas str+aetiW* approved in design by the OLLER and City-, pbe-ed outside dw pwknder of the pmjed in the City ri*,Of- ray at irwvals Recording to the (qty code, A 'lav Project shall have tram itt speeIs and a8 apfoved by the City and SELLER, ineWIM couide the perimeter of the PrWed within the City right-of-way at Wervals sco"bie to the City and BSI. ER, 21.3 Lirnitatiofln on "Else of Pmpaly. SBLLER ackmm edges that ilia Property will be re,=W to Mixed Tse Low 2. writing and provided to the SELLER � Mowing events must be dowmettted in compl t of each aoin (eollecdvely the "Pzgcct 8) Mfnissloa of application to the City Ibr site plan Wmvsl wiihfn ninety (9 folloWing reodpt of a bind ug eammiWwat far SAIL end 4% tart credit auoostiaat fiom FHM b) AdHavinteat of site plan approval fim the City by October 30. 2017 c) Approval of finandAS ibr the Project including the construction loan and pesimamtt finOwIng aoI»mitmaat in an amount nflicient to develop the Project by Devember 31.2017. PUR HASER shall provide SBLLEp pmfoffimn&g far the Project. eesMI PURCHASE AGR»TTINUA0aM.BB PW 11 of 15 d) Sttbwissionn ofcombwdtm documents to the City for a building pennit by danaasy 31, 201 S. Proof of ptrmit application fm paid will be pmvvaded to the SBi.T.ER upon suWdWnn to the City. Upon City Issuance of the building peamit a copy will be: provided to SELLER. e) Groundhwildrng c mnony Wcommenoeanent of comfta ion &aoccur within two (2) months mllowing,the isswntce of a bullding perm# SHUM will be in attendaw at the ow niony and par!Wpao In fu Pte& t) Temporary or pamaneat certificate of occupancy to be provided within eigmseu (18) months fbUowim bnailding pamit iasuat oo. 22.1 Dgkidl Mft jWW ig hW2g if one of mora of the requtred PRO* its is not acdiioved as required in this Section "or f the tlmeltae outlined herein is not strictly WLt and P RC.HARER has not r oWded SELLER with a written notice mpmning the reason or dreurnstances at mdet tbo control of PURCHASER that bave prevented PURCM UER from mating the timdine, and S.HUM has not agreed in writiatg to the same and which approval aball not be i4eaaenabiy wit]AcK thea (a) if such evert ars contemplated to oawr follawing the Closing but 44H to occer as required, then the PURCHASER sluts be squired to meonvey the Pwpesrty to the SELLAR, this Agreemast shah bo tmmineed, and SBLLER shall be; released f%om any and all obligations umdw this Agrearamt and (b) if such events are eonemplated to occur parlor to Closing but fail to oom as requited, then it " be a default heneamdear and treated as provided m Section 15, above. The partfat utndea stand and agree that in such instates SMJM shall be eadded to tine Depwit in full and Ansi satisfactions of PLMCHASWs obl4pdote heretmdor. SELIER agneas to wesrk rcam mably wi& PURCHAMM its woddDg within the SMOE ameg got froth above, but PURCHASER and SELLER agree that time is ofthe ems, 23.1 9MML We A,greanent, and any nowndment havto, may be eawAod in MY MMber of OMMPAM each of wbfdu shad be deemed to be. an original mW all of w" s]eil, toga . coa31lhlte one and the same instrunaetst. 7U section, and paragraph headings huvin Oon"ned atie mr fire purposes of identifiadion only ad shall not be considered in camatruing this .Agreement. lteftsretsce to a Section shall be deemed to be a tonna+ c* to the entim motion, unleets otherwise spOW&& NO MWHWBdm or mnemdsnear of this Apa a t shall be Of ally ftw or act unless In writing a anted by Patties. This Agesaracnt seta ficu the etre agreana t between rite Pantos suing to rise Prdperty and all subject math hmain and supetwecle s all prior and oontarnporaneoua negotMa 1k% undeuo bndingg and umverawts, written or oral, between the Parties. This Agement sbeil be fntaapreted in accordance with dw laws of the State of Florids. The Parties hereby agree that Mahetion of ally 1ltipti m bmught odeding at of this Agreemmxt shall be In the Fifteenth Yuducial C Muuit in ate for Palm Beards County, Plodde, or, should any omm of aWon be limited to federal jurisdiction only, in the United Stator District Court hr the Southam DieWd Court of Florida. DMIM&I PURCUABB AGRBMflWftpMCXADM Pap 12 of 15 23.2 09M90fion.fie. Any refames hwabi to time Mods which are arot measured in businasa days and which arc less than six (6) days, Shall etcchade gaturdays, Sundays and 1094 holidays in flm oomputmdon thereof Any time period provided for in this A roment which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 pm. on the next fall badness day. Time is of The manes in tha pa6rmoce of an obligations under this Aptemaht. 'lima periods oamtmencing wish the eve Data shalt mot indWe the affwgve Date in the eauleula don thereat 233 Waivz Neither the f'thilure of a petty to ithsist upon SWd perfotmaM of any oftha terms, pmovidons, covenants, agreemante and conditions hereof, nor the acceptance, of any ite in by a petty with kowledge of a banch of Mb Agreement by the oto patty in the peribn nenee of theair are Vac Live obligations he ear, shag ba damned a waiver of nay right 1W rhedies that a per' may have or a Weivtar of any subyequae nt bmA h or default in stay of guc h tams, pry moms, OOMMMts, agreements at condifta. This P=Brapb sW survive tmmhmd m of this Agreement and the CkW ag. 23A KW9M9fiM Qf AMAMft The Pearce to this Agraemont, thtough OMMWi, have participated Emdy in flue negotiaiian and preparatiorh how& Neither this Agraenuat mor any amendment hereto shall be mono art WY saonetroad against any ofthe Parties. As teed in this Agmmrmnt, or any amendment hetmta, &a masculine shall include: the f ndaine, the singular shall inaltxle the pbmal, and the phaal slM include the singular, as the oonteaet may xaquiM Pxovlsiarm of this Agreement that expreWy provide that they survive *a C lossag sW not mete into thea Dead. 23.5 it if any ponv�ision of this Agreamnetnt or fire application th of shall, for any room and to nay Want; ba imvaiid or vnenfimmUej neither the remainder ofthis Agreement nor the application of the pnovision to other parson, aatitim or oIrCU sfaUoes mall be afftted thereby, but instead shall be en0atuel m the maximum extant permittejd by law. The pnovisiaaas of dais Semon Sha11 apply to any emit of this Agwinv rt. 23.6 HaudartiM FMrWM Ha dwritten provWM htsetted is this Agreement and ithitisied by SELLER and FMCHAMR small WOW all printed provIsions in conflict thamwitI. 23.7 W—AbK9QWTrJaL die an induoeMW too PLWPJ SER qS=ftW to car lora this Ag ammot, PURC HAM and MMUM hey waive trial by jury to any aeon or prooeediag bmngbt by Oft" party BPb* 60 other party patWmmg to mil► miftee whatsoever arising Oat cfa to any way Coentected with this Agma anent 23.8 Should it be neommy to bang an action to eaOr C a Roy of the prnvjWons of this.Agrutetnes4 wasxnbie attorneys, fees arhd cants, mciudWg those at the appellabo level, shall be awarded to thepromilins party. 23.9 D MU& Auhihehritg. Each Icy Aeby rqxesents anus warrants to the other, that each person executing ibis Agreement on bdtslf oftho PURCHASER Rud SELLER has iWl H& and lawful authority to execute this Agent and to bind and obligate the= party for whom PURCHASE AGREEMBNTINUROCKME PMP 13 of Is or on whose behalf he or she is signing with respect to all provislont: contained in this Agreement. 23.10 No Recording. 111is Agreement shall not be horded in the Public Records of Palm Beach County, Florida. 23.11 SUTY13W.The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in thin Agreement, shall survive the Clos€ng, the delivery and recording of the Deed and PURCHASER'S possession of the Property. 23.12 SELLER A a' F SELLER acknowledges and agrees that SELLER shall be responsible fbr its own attorneys' fees and all costs, if any, incurred by SELLER In connection with the transaction contemplated by this Agmernent. 23.13 Publij ag2gEdj. SELLER €s public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by tlm SELLER In connection with this Agreement; b. Provide the public with access to such public records on the some terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided In chapter 119, Fla. Stat, or as otherwise provided by law; G. Emrd that public records that am exempt or that am confidential and exempt from public record require nents are not disahosed except as authorized by law; and d. Meet all requirements for retaining and providing public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract arnI destroy any duplicate public records that ate exempt or confidential and exempt. All tads stored electronically must be provided to the SELLER In a format that is compatible with the information technology systems of the SELLER. SELLER shall, upon request, provide guidance to PURCHASER as to the public retards keeping and reporting duties that are imposed upon PURCHASER as provided above and shall take all steps reasonably required to assist PURCHASER in not violating them. The failure of PURCHASER to comply with rite provisions set forth in lata Agreement shall constitute a Dalault and Breach of this Agreement. if PURCHASER fails to cure the default within seven (7) days' mice from the SELLER the S1;LI RR may terminate the Agreement. 23.14 C=munity B=ilia ASS. PURCHASER undo stands and agrees that SELLER's obligation to close is contingent an PURCHASBR's execution of a Community 13enef3t Agreement at closing, in such form as required by SELLER. SIGNATURES APPEAR ON FOLLOWING PAGES 00MR.2 PURCHASE AORMMgi►TJ'!NUROCK/08E Pep 14 of J5 IN WFI'NESS WHEREOF, the ?,Mies ism cxemftd this Ag,tmmmt as of the Bffwflvo dste PURCHASER OCEAN BREEZ13 HOUSING PARTNERS, LP Y: .__....` ._ ;.._..._. PHnt Naas: Robby D. Block Tftfex Audzuized AMA lbr Papp hip Data _ ( ELLER BOYN ON BEACH COMMUNITY REDEVEIMMENT AGENCY ! iL 11 4 %i 1 7Wm Cb* Date: ° App ove d as to ftm and logd omms.i PURCHASE AG MEMffiRMURdOC KADBE Pana is of is MIBIT W LEGAL Dl3SCREMON Paved 1: PCN - 08-43-45-21-10-ODI-DDIO Lots 3 through 12 inclusive, in Block 1, hots 1 and Z, in Block 1, LESS all that pDrdw of Lots 1 acrd 2 lying West of the Fastuf--way lino ibr 41mwigg Boulevard" ag shown on Road Plat Beak 5, at Pop 1$2 AW low a 20 foot return aurvo area ft mad right- fmy. PALM BRACH COUNTRY CLIIB ESTATES, acaordiag to the Phd tharaof, as raoardad is Plat Book 11, at Page 43, Of ft Public Records OfPalm Ba& County, Flmida. Pamal 2: PON -0943-4s-21-0040 O21 The Spgth )Wf of the But Half of Lot of SuW+isian of dm West Half of dw Southeast Quarter of Sectkm 21,'i mnu* 43 South, Rogo 43 But Lass the South 125 feet jem f Tomas pmr oeb oomvoyod to &D City of BOYRI a Bach by Official Reoor& Book 852, Pap 642 and LESS the r t of vmy for "Sept Boulevard" as shown an Road Plat Book 3, P%p 14 toomfing to the Plat gmmf, as neeordod in Flat Book 1, at Pap 4, Public Rids of Palin Bead County, Florida. 0WO&AW BOYNTON =BEACH CRA CRA BOARD MEETING OF: February 14, 2017 Consent Agenda _IX I Old Business I X I New Business I I Legal I I Information Only AGENDA ITEM: XIII.E. SUBJECT: Consideration of the Design Scope of Services Work Order with Kimley-Horn & Associates, Inc. for the Boynton Beach Boulevard Streetscape Improvement Project, Construction Design Plans. SUMMARY: At their August 17, 2016, Fiscal Year 2016-2017 Budget meeting, the CRA Board approved funding in the amount of $600,410 for the Boynton Beach Boulevard Streetscape Improvement Project Design and Construction Plans. Over the past several years, the CRA has been working with the engineering firm of Kimely-Horn & Associates, Inc., on numerous aspects of this project necessary to reach the construction design phase of the project. In September of this year, the 2016 CRA Redevelopment Plan was approved by the CRA Board and City Commission which identifies future street enhancements and conceptual layout for Boynton Beach Boulevard (see Attachment 1). As a result of the extensive pre -design analysis and planning work, the project is ready to enter the construction design phase with approval from of the CRA Board. CRA professional services provider, Kimley-Horn & Associates, Inc. presented submitted a Design Scope of Services Work Order Proposal to the CRA Board at their January 10, 2017 meeting for the engineering services necessary to complete the design and construction plans for the streetscape improvements from US -1 to 195. Mr. Mufleh provided two Work Order alternatives, 1) a proposal in the amount of $560,000 for the project area from 195 to US -1; and 2) a proposal in the amount of $366,000 for the project area from US -1 to Seacrest Blvd. (see Attachment 11). At the January 10'' meeting, the Board directed Mr. Mufleh/Kimley-Horn to bring back a third proposal alternative for the project area from 195 to Seacrest Boulevard to be presented at their February 14, 2017 meeting (see Attachment III). On February 6 & 7, 2017, Mr. Mufleh and CRA staff met with each of the CRA Board members individually, to go over the details of the project's conceptual design as presented. FISCAL IMPACT: $375,000 575,000 from approved FY 2016-2017 Budget, Line Item 02-58100-203 CRA PLAN/PROJECT/PROGRAM: 2016 CRA Redevelopment Plan — Boynton Beach Boulevard District and the Downtown District (pages 55 — 70) CRAAB RECOMMENDATION: N/A CRA BOARD MOTION/OPTIONS: 1. Motion to approve the Design Scope of Services Work Order with Kimley-Hom & Associates, Inc. for the Boynton Beach Boulevard Streetscape Improvement Project, Construction Design Plans from the US -1 to 195. BOYNTON =BEACH CRA 2. Motion to approve the altemate Design Scope of Services Work Order with Kimley-Horn & Associates, Inc. for the Boynton Beach Boulevard Streetscape Improvement Project, Construction Design Plans from the US -1 to Seacrest Boulevard. 3. Motion to approve the alternate Design Scope of Services Work Order with Kimley-Hom & Associates, Inc. for the Boynton Beach Boulevard Streetscape Improvement Project, Construction Design Plans from the 195 to Seacrest Boulevard. 4. Motion not to approve either Work Order proposal and provide staff direction. Michael Simo , Interim Executive Director ATTACHMENT I Ilk + Q c U oo Em a � C w G O d c IL O O 'O 7 L u m QJ tA O Ln cn C O a) N L a� O m s u m QJ m C O C 7► O im RL-100- it N -r: RL-100- it N 0 a LU LU do7 O 2 u c LL) m Z O Z T O m 3F� IN f {� — -- w JP W 34 � � - , ;�v ,� . , ` � ,= /� �� ATTACHMENT II ]YNTO .3 I B&ctCRA GRA BOARD MEETING OF: January 10, 2017 I Consent 8genda J I Old Business ]X I Now Business Legal Information Only AGENDA ITEM: XIV.F. SUBJECT: Consideration of the Design Scope of Services Work Order with Jamley-Horn & Associates, Inc. for the Boynton Beach Boulevard Streetscape Improvement Project, Construction Design Plans. SUMMARY: Boynton Beach Boulevard is generally seen as the entry way into downtown Boynton Beach. Because the boulevard has been widened over the years (lanes added), there is little space left within the public right-of-way that can be used for landscaping improvements or for wider sidewalks. The Florida Dept. of Transportation has agreed that Boynton Beach Boulevard between the US -1 to Seacrest Boulevard, as well as between Seacrest Boulevard and 195 can be altered within acceptable design standards to create the additional space needed to accommodate various enhancements without impeding traffic. This proposed alteration would create space for new public Improvements such as defined bike lanes, wider sidewalks, larger sidewalk shade trees, street furniture and public art. Public support for these streetscape improvements was made evident at the many meetings held during the 2016 CRA Redevelopment Plan update process and identified in the approved Plan, Section D. District Plans, Boynton Beach Boulevard District, pages 54-69 (see Attachment 1). At their August 17, 2016, Fiscal Year 2015-2017 Budget meeting, the GRA Board approved funding in the amount of $600,410 for the Boynton Beach Boulevard Streetscape Improvement Project Design and Construction Plans. Over the past several years, the CRA has been working with the engineering firm of Kimeiy-Horn & Associates, Inc., on numerous aspects of this project necessary to reach the construction design phase of the project. As a result of this extensive pre -design analysis and planning work, the project is ready to enter the construction design and permitting phase with approval from of the CRA Board. CRA professional services provider, Kimley-Horn & Associates, Inc. has submitted a Design Scope of Services Work Order Proposal for the engineering services necessary to complete the design and construction plans for the streetscape improvements from US-] to 195 in the amount of $580,000. tf the Board prefers to break the project up into phases, Kimley-Horn has provided a Design Scope of Services proposal to undertake design from the US -1 to Seacrest Blvd. in the amount of $365,000 (see Attachment 11). FISCAL IMPACT: $375,000 - 575,000 from approved FY 2016-2017 Budget, Line item 02-58100-203 CRA PLANIPROJECTIPROGRAM: 2016 CRA Redevelopment Plan ,- Boynton Beach Boulevard District area and the Downtown Vision & Master Plan. wwb�O�CRA CRAAB RECOMMENDATION: wA CRA BOARD MOTION/OPTIONS: 1. Approve the Design Scope of Services Work Order with Kimley-Ham & Associates, Inc. for the Boynton Beach Boulevard Streetscape Improvement Project, Construction Design Plans from the US -1 to 195. 2. Approve the altemate Design Scope of Services Work Order with Kimley-Horn & Associates, Inc. for the Boynton Beach Boulevard StrTeetscape Improvement Project, Construction Design Plans from the US -1 to Seacrest Boulevard. 3. Do not approve either Work Order proposal and provide staff direction. Michael Simon, Interim Executive Director ATTACHMENT X2016 ' �. ��J��1 �, F; � �: �� .�' � �ll� Rtac, vdapme,,nr P-1 PT - 61 qW N Boynton Beach� Boulevard District Introduction Planning Challenges Planning Considerations The Vision Recommendations 55 t — ALL op t Nr w y r 1p * + y t — Currently there is no adopted plan for the Boynton Beach Boulevard corridor. There were public workshops held in 2005 to discuss the vision for the corridor, and many of the recommendations from those workshops are incorporated into this plan. There has been little redevelopment progress along the corridor at the scale envisioned by this Plan due to lack of developable parcels, no clear development vision and little to no public investment. The CRA invested in a public parking lot in 2015 to serve the future downtown growth. The Agency is currently in the planning phase for improvements to Boynton Beach Boulevard. The Boynton Beach Boulevard District consists of the Boynton Beach Boulevard corridor between 1-95 and the FEC Railway. The District extends north to N.E. 3rd Avenue and south to W Ocean Avenue (west of Seacreast Boulevard) and N.E. 1st Avenue (East of Seacrest Boulevard). This area is the main entry into the downtown from the 1-95 exit and will therefore establish the first impression that visitors and many residents have of the City. The district also provides easy access to the City's public beach, the Boynton Harbor Marina, City Hall, the Children's Schoolhouse Museum and the Library. The areas directly north and south of the District are predominately large single-family neighborhoods. There is no buffer between the commercial uses fronting the corridor and residential uses which has held back property values in these neighborhoods. As the City's population grew, Boynton Beach Boulevard was widened to five lanes thereby accommodating higher traffic speeds and higher haft volume, while lowering the aesthetic juallty of the corridor. Additionally, commercial Boning only extends one-half block deep from 3oynton Beach Boulevard which represents nsufficient land necessary to support the land assembly and redevelopment for viable commercial uses. As a consequence, business activity along the corridor has primarily consisted of minimal conversion of single-family houses to commercial uses rather than redevelopment at the scale envisioned for this Plan. Nearly all of the parking for the businesses along the Boulevard is In front of the buildings meaning that in many cases, cars have to back out into traffic. There are numerous curb cuts for each commercial use along the corridor leaving little room for landscape improvements and the pedestrian zone. Due to the widening of the Boynton Beach Boulevard overtheyears, vehicular use has been emphasized over Pedestrian or bike use. Under the current configuration of the roadway, there is insufficient right-of-way for landscaping, wider sidewalks, bike lanes, bus shelters and street furniture. Recently large utility poles were installed on the south side of the Boulevard adding to the visual blight of the corridor. There are only three signalized intersections that have formal pedestrian crossing zones. Pedestrians must walk several blocks in order to cross the Boulevard. There are no destinations along the corridor to attract the interest of visitors or residents other than City Hall and the Post Office. The majority of the businesses belong to the small service industry with few employees. The buildings are outdated, being constructed from the 1930's to the 1970's. The majority of the buildings are for single -tenant or single -use with no cross -access for pedestrian or vehicular circulation purposes or for sharing of parking resources. Additionally, there are no large parcels ready for redevelopment thereby requiring land assemblage and willing sellers. City Hall is located along Boynton Beach Boulevard but is envisioned to be relocated into the Cultural District as part of the Town Square project. City Hall and the other Civic uses occupy 3.71 acres and offer an opportunity for a public-private partnership to facilitate a catalyst for redevelopment within the District. rfguM ": &xamplas of 0Wk9B Planning Challenges 11 1_! .1 ._ Several factors were considered in determining the land use designations for the Boynton Beach Boulevard District. Just east along the District is the location of the future site of the Tri -Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development pattsms in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a % mile radius around the planned station. The DTOD district regulations support increased intensity of development through a 25% density bonus. The Boynton Beach Boulevard District and DTOD district overlap; only the area from 1-95 to (approximately) N.W. 2nd Street is not included within the DTOD District. A second consideration is that the Boynton Beach Boulevard District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. The Plan recommends that the higher density and height occur within this District where both the TCEA and the TOD overlap. 59 The potential NW 1st Avenue historic district contains thirteen properties, seven of which would be considered "contributing properties°, The designation process was applied but failed to produce a positive result (although the outcome of the vote was very close). It is recommended that the designation of a historic district be again explored in the future if there isn't any assemblage of the properties on the north side of NW 1 st Avenue for commercial development. In the meantime, the owners of the "contributing" sites will be contacted to determine their interest in applying for individual designation of their properties. ngure -iz. meront propWW on F1MtAV8nU8 Vis,jnn The Boynton Beach Boulevard l7istnct is envisioned to serve as a weboming and beautiful entry into the Downtown Dlstrlci. Pedestr erns will be encouraged to walk along the broad sidewalks in the shade of mature trees to visit the various stores and restaurants along the oonidor Bicycallsts my safely #ravel along file eorrfdor and will be able to pals their bikes at one of the local shops where they'll meet a friend for a cup of ooti'ee. VY'Shbrs wild be able to find their way to the marina, Me Children's Schoolhouse Museum and the Public Library using the various way finding signs along the corrtdor. Investors will see the value of developing in downtown Boynton Beach based on the public improvements and will begin to assemble land for development of mixed-use projects. Streetscape enhancements are recommended fbr the Boynton Beach Boulevard District. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: Implement for Boynton addition of: a Complete Streets program Beach Boulevard including the On -street parking Enhanced median with mature tree canopy (at time of planting) and landscape lighting Marking of major intersections with materials such as pavers, paint, etc. Narrowing of travel lanes to create space far landscaping and wider sidewalks and to make the street safer for bicyclists and pedestrians. Create a Pedestrian Zone adlaoentto the right of --ways that is inviting, safe and includes: Addition of canopy street trees Minimum 8' wide clear sidewalk Minimum 8' wide active use area abutting the building Decorative light poles at both the vehicular and pedestrian scales Enhanced street furniture, racks and receptacles bike Active users along the first floor of development Create a greenway along the north side of NW 1 st Avenue per the Connectivity Plan Create way finding signage to mark the entry into the City and brand the district Install public art in key locations Underground overhead utilities where [!Entrance enhancements Signage / Gateway , , , If+*Y�y intersection enhancements • Directional signage • Pavement 1 material • Landscaping • Public art location • Safe pedestrian crossing Ir M Intersection enhanoements Entry to Downtown • Directional signage • Pavement 1 material • Landscaping • Public art location • Safe pedestrian crossing I � � -,I a 4' I 11 ._y- YY : Yl1 J4r , r- r + + --•- r - -' ---+.......r•,, ••••,•a••wsl�clna anY vurYYwkl CMdGn CNW. 61 f %sulw 11 - uurlmwlg -1 olW..oe ups T m I-lh jo %wdmtcmt Blvd. 90 SW cc. TL R mo TL YL sw 14K iI F CI8�1[ CfIYd _ ' r 62 0 A 1 LT or MDTL ____I 0 —mv- -- Figure Figure IS: Boynton Beach Blvd. Plan from Sasorse BW. to Federal Hwy. &LOW . .0-.- lw- •.•.•194WPP LMMAJ UIVLI. OUUUUn TFUM U9006st UNd. to Federal HW G The predominant existing future land use designation along the Boynton Beach Boulevard conidor is Local Retail Commercial. Other future land use designations are Public and Private and Governmental/ Institutional (where City Hall is located) and Office Commercial. The Local Retail Commercial designation only extends one-half block to the north and south of Boynton Beach Boulevard. The lack of depth has prevented successful projects from being developed along the corridor. In order to encourage a vibrant corridor with the desired private development and public spaces, it is recommended that the following future land use changes be made: From 1-95 east to N.W. 1st Street, change Local Retail Commercial and Low Density Residential to Mixed -Use Low. The Mixed -Use Low land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N.W. 1st Street east to N.E. 3rd Street, change Local Retail Commercial, Public and Private GovemmentaUlnstitutlonal, Medium Density Residential, General Commercial to Mixed -Use Medium Future Land Use. The Mixed -Use Medium land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. From N. E. 3rd Street east to the FEC Railroad, change General Commercial, industrial, Local Retail Commercial to Mixed -Use High future land use designation. The Mixed -Use High future land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. Below is a table showing the proposed land use and zoning designations that will apply along the Boynton Beach Boulevard corridor: Table 3: Recommended Futuna Land Use (FLU) CWMSWMWns within the Bovnton Baach Ohm nista LAND USE DENSITY I CORRESPONDING ZONING DENSITY IJAX CAP HEIGHT Low Density Reeldentiaf 5 R1AAB, PUD, MHPD 3 � Mixed -Use Low 20 MU -1 20 45' Mlxed-Use MU -2 40 65' Medium 50 MU -3 50 75P Mixes-u� High 80 MU -4 60 100' Mu Core so 15a *ROPerues located y0in the IM nW rweve a 2696 density bonus 64 MU Low 20 dulac Max height 45' Figura 20: Recommended Future Land Use for the Boynton Beach Blvd. District � MU LOW Tovm square MU- Mad • 20 dulac (IncenthAzed units) • 40- 50 dulac 40x50 dulac • Batt height 46' - Max height: Max height 66-75' • Redsvelbprnerrt l in€iiI 155-75' F TOD Bonuses • Cammerclal uses requited TOD Bonuses (height 1 densis • Parking at near (height I density) • .Commerchd uses - Pub6c groanway to buffer SFR CommercW uses required • Two story Max at sheet required • Max 4 stories on • Buildings set bath to allow for etast pedestrian zone i i - •; — ___ 6S WU- High 130 – 80 dulac Marc height 160` TOD Density Bonus Commercial Uses required Max 4 stories an West 66 Create an overlay district for Boynton Beach Boulevard to control height at street frontage, building setback, design, uses, and overal character. • The building shall be setback to accommodate the pedestrian zone. Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard. Automobile oriented uses, such as, gas stations and car washes, are prohibited. Drive-thrus are only permitted when not visible from right-of-ways and completely behind a structure. Buildings fronting Boynton Beach Boulevard shall have maximized glazing on first floors. Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone. • Buildings fronting Boynton Beach Boulevard shall have a minimum height of 30' Buildings fronting Boynton Beach Boulevard shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of I O' deep. • Parking shall be located to the rear or side of the property. MU -I- Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton Beach Blvd. • All buildings along Boynton Beach Blvd shall have pedestrian access from the right-of-way/ sidewalks. The main pedestrian entry, orfront door, must be fronting Boynton Beach Blvd. • Mixed use projects adjacent to single-family areas shall include greenways far proper buttering Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input Figure 22: Example ©mer wray Rewinmenxied an First Avenue 67 Figure 25: Boynton Beech Blvd. DhMcl Master Plan OWw W4 y - 1i Gam+ mow•} y + � . � y li . .. a r a► �7 in 4 kwpvppp�_ x Figure 24: Example of H&ced Use Mledfum Prqed on Boyne Beach Blvd. fes' 10� a rk ,' L to ATTACHMENT II Design Services Proposal from US -1 to 195 Kimley*Horn BOYNTON BEACH BLVD DESIGN FROM EAST OF 1-95 TO US -1 DESIGN SCOPE OF SERVICES PROJECT UNDERSTANDING The CRA wishes to improve the Boynton Beach Boulevard corridor, which is owned and maintained by the Florida Department of Transportation (FDOT) as part Of the revitalization of the urban core. The pian is to enhance aesthetics, make the corridor pedestrian and bicycle friendly and encourage revitalization. The improvements will be done in two stages. The first stage is to improve the corridor within existing right of way by narrowing lanes and expanding sidewalks to provide Fetter landscape and hardscape opportunities. As redevelopment occurs, the engineering pians will be revised to consider additional right d way provided by developers. The design will be broken Into phases to allow Glut to stop and consider redevelopment conditions during the development of the project Objective The primary Objective of this project is to prepare engineering and urban design drawings to improve the Boynton Beach Blvd corridor. SCOPE OF SERVICES PHASE 1 Phase 1 includes preparation of concept plans from just east of 1-95 to US -1 for the desired corridor features in accordance with the CRA master plan with the assumption that redevelopment will provide at a minimum one -foot -wide sidewalk/ utility easement. Task 1 — Base Map 1.1 Base Map Drawings Use existing aerial photography as the background for the proposed concept drawings along with FDOT provided as -built plans. Task 2 — Concept Plan Development 21 Roadway pleas and typlcal secfbns Coordinate with FDOT to arrive at acceptable roadway typical section concept for the Boynton Beach Boulevard segments east and west of Seacrest Boulevard in accordance with CRA Master Plan as shown in attached Exhibit No. 1. Upon typical section acceptance, prepare Kimley>»Horn Page 2 roadway concept plans and submit to Client and FDOT for review and comments. Address one round of comments and finalize concept plan. Task 3 — landscape Concept Plan Development 3.! Landscape coneepfplans Upon acceptance of the roadway typical sections and plan view design, prepare landscape concept plans and submit to Client and FDOT for review. Address one round of comments and finalize concept plans. PHASE 2 Phase 2 includes preparation of design survey and Initial Engineering plans (30%) for Boynton Beach Boulevard from east of 1-95 to US -1 and pedestrian crossing improvements between 1-95 and Seacrest Boulevard. All improvements will be designed within existing right of way and any potentially donated right of way or easements as provided by Client, Task 4 — Design Survey -tt DMIgn sunray Prepars roadway design survey Task 5 — Roadway Pians 51 Roadway iyplcar Seadons After completion of design survey, develop final typical sections for Client and MOT approval. 5.2 SD% Roadway Plans Upon FDOTs approval of typical sections, prepare engineering design plans to 30% completion for Client and FDOT review. PHASE 3 Phase 3 includes preparation of Design Development engineering plans (60%) for Boynton Beach Boulevard from 1-95 to US -1 and design to underground overhead existing utilities. All improvements will be designed within existing right of way and any potentially donated right of way or easements as provided by Client. The Final engineering will consider redesign to incorporate on -street parking for those parcels that donate right of way. Kimley*Horn Page 3 Task $ — Design Development (Roadway, landscape, Electrical, Lighting, Signing and Marking, Signal Plans) 6.1 Undergnaunding of Electrical Overhead tines Coordinate with utility agency owners (UAOs) to underground the overhead utility lines. Prepare underground conduit trench typical sections and preliminary layout in coordination with UAOs. 0.3 80% Roadway and Drainags Plans Upon receiving review comments on the 30% Phase plans, prepare engineering design plana to 80% completion for Client and FDOT review. 8.3 Signing and Pavement Marldng Plans Upon receiving review comments on the 30% Phase plans, prepare initial pavement marking plans. 6.4 signal Plans Upon receiving review comments on the 30% Phase plans, prepare initial signal modification plans related to pedestrian heads and detectors to match ramp and curb modiffcations. &5 ,Landscape and Hardsaape Plans Upon receiving review comments on the 80% Phase plans, prepare initial landscape and hardscepe plans for Client review. 6.6 Stwf Lighting Plans Upon receiving review comments on the 80% Phase plans, prepare inial decorative street lighting for Client review. PHASE 4 Phase 4 includes preparation of Final engineering plans and construction documents Task 7 — Final Engineering (Roadway, Landscape, Electrical, Lighting, Signing and Marking, Signal Plans) 7.1 90% Phase Plans Upon receiving review continents on the 80% Phase plans, develop plans for 90% complete stage. This includes KimlerMorn ' RoadpJ,ray • Drainage � Ele�'IcAI • Signing And paveamt marking ■ Slglnafa • Landscape and harrolscape a Strwet fights 7.2 UEllity Coordination Page 4 Continue coordination vWth UAOs for the undergrounding of overhead utility Jines. Conduct meeting with UAOs to resolve potential utility cordlIcts. Task 8 -- PermFtting 8.1 FDOT PernrltUng Assist Client in completing permit applications and submit permit package to MOT Address FOOT permit review comments and resubmit for final permitting. 8.2 Palm Beach County (PBC) Permlttfng Assist Client in completing permit applications and submit permit package to PBC for pedestrian signal modifications and any work on massing County roadways. Address permit review comments and resubmit for final permitting. 8.3 Final Plana Incorporate comments and issue Final plans. Task 9 -• Traffic Analysis 9.1 Pedestrian Crossfrtgs Prepare a traffic analysis and engineering study to determine the need for pedestrian crossings between 1-93 and Seacrest Boulevard. Consider providing median refuge locations for pedestrian safety. Incorporate approved crossings in design plans. sr,!I F1.. ss'—I KiderM orn Page 5 ADDITIONAL SERVICES The following tasks are not part or the initial scope of services, but may be included as additional services if requested by the Client. These services may include, but are not limited to: Attendance at additional meetings, including meetings with the City Commission, City staff, presentations and public hearings • Additional traffic date collection and analysis + Site/Civil Engineering beyond the roadway right of way Environmental analysis and engineering SCHEDULE The schedule will be based on mutually agreed upon schedule. INFORMATION PROVIUCL! BY CLIENT Mmley--Hom shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. Kimley*Horn FEE AND BILLING Pege 6 Kimley-Hom will perform the services described in all Phases above for the lump sum professional fee below, lGmley-Hom will not start a new phase until written authorization is provided by Client. Individual task amounts are informational only. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoload based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice. I Phase 1: Concept Plans Development Phase 2: Initial Engineering Plans 30% Phase 3: Design Development 80% Phase 4: Final Engineering Plans TOTAL LUMP SUM $08.000 $115,000 $145,000 $229,004 10mley-Hom, in an effort to expedite invoices and reduce paper Ymete, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail If requested, Please provide the following information: Please email all invoices to — Please copy . Kimley»>Horn Page 7 CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant° shall refer to IGmley-Horn and Associates, Inc., and'Vienf" shall refer to Boynton Beach Community Redevelopment Agency. Our current rate schedule has also been attached. If you ooncur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons Newts both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully - executed agreement. Fees and times stated in this Agreement ars valid for sixty (60) days after the date of this letter. We appreciate this opportunity to provide these services to you. Please contact us at (561) 404-7250 if you have any questions. Sincerely, :S Marwan H. Mutleh, P.E. Senior Vice President BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: (Date) (Print or Type Name) TNIe: (Email Address) (Print or Type Name) _, Witness K180D_R03dweyW4248M2 Se==1 Blvd Lam 81mindanU(HA FlecTuraacl msjol8.40.09 BBB Modfficaidon Phn1rgLCR/,MHM.d0= ATTACHMENT II Design Services Proposal from US -1 to Seacrest Boulevard Kimley>»Horn BOYNTON BEACH BLVD DESIGN FROM EAST OF SEACREST BLVD. TO US -1 DESIGN SCOPE OF SERVICES PROJECT UNDERSTANDING The CRA wishes to Improve the Boynton Beach Bouievard corridor, which Is owned and maintained by the Florida Department of Transportation (FOOT) as part of the revitalization of the urban core. The plan is to enhance aesthetics, make the corridor pedestrian and bicycle friendly and encourage revitalization. The improvements will be done in two stages. The first stage is to lrnpnNe the corridor within existing right of way by narrowing lanes and expanding sidewalks to provide better landscape and hardscape opportunities. As redevelopment occurs, the engineering plans will be revised to consider additional right of way provided by developers at those specific locations. The design will be broken into phases to allow Client to stop and consider redevelopment conditions during the development of the project. Objective The primary objective of this pn4ect is to prepare engineering and urban design drawings to improve the Boynton Beach Blvd corridor. SCOPE OF SERVICES Phase 1 includes preparation of concept plans from Seacrest Blvd. to US -1 for the desired corridor features in accordance with the CIA master plan with the assumption that redevelopment will provide at a minimum one-foot-wlde sidewalk 1 utility easement Task 7 — Base Map 1.1 Base Map Drawings Use existing aerial photography as the background for the proposed concept drawings along with FDOT provided as -bulk plans. Task 2 — Concept Plan Development 2.9 Roadway plans and typical $actions Coordinate with FOOT to arrive at acceptable roadway typical section concept for the Boynton Beach Boulevard segments east of Seaerest Boulevard In accordance with CRA Mester Plan as shown in attached Exhibit No. I. Upon typical section acceptance, prepare roadway concept i,elrt_...4-1F rr - . Kimler> horn Page 2 plans and submit to Client and MOT for review and comments. Address one round of Comments and finalize concept plan. Task 3 — Landscape Concept Plan Development 3.1 Landscape concept plans Upon acceptance of the roadway typical sections and plan view design, prepare landscape concept plans and submit to Client and FDOT for review. Address one round of comments and finalize concept plans. PHASE 2 Phase 2 Includes preparation of design survey and Initial Engineering plans (30%) for Boynton Beach Boulevard from Seacrest Blvd. to US -1. All improvements will be designed within existing right of way and any potentially donated right of way or easements as provided by Client. Task 4 — Design Survey 4.1 Design Sunray Prepare roadway design survey Task 6-- Roadway Pians 5.1 Roadway Typical secdlons After completion of design survey, develop final typical sections for Client and FDOT approval. 5.2 3096 Roadway Plans Upon FDOT's approvai or typical sections, prepare engineering design plans to 3096 completion for Client and FDOT review, PHASE 3 Phase 3 includes preparation of Design Development engineering plans (60%) for Boynton Beach Boulevard from east side of Seacrest Blvd. to US -1 and design to underground overhead existing utilities. All improvements will be designed within existing right of way and any potentially donated right of way or easements as provided by Client. The Final engineering will consider redesign to Incorporate on -street parking for those parcels that donate right of way. Kimley*Haan Page 3 Task 6 — Design Development (Roadway, Landscape, Electrical, Lighting, Signing and Marking, Signal Plana) 0.1 Undergmunding of Electrical Overhead Lines Coordinate with utility agency owners PAN to underground the overhead utility lines. Prepare underground conduit trench typical sections and preliminary layout in coordination with UAOs- Design will consider the future undergrounding of the lines west to 1-95. 8.2 60% Roadway and Drainage Plans Upon receiving review comments On the 30% Phase plans, prepare engineering design plans to 80% completion for Client and FDOT review. 6.3 Signing and Pavem wtMat*&g Plans Upon receiving review comments on the 30% Phase plans, prepare initial pavement marking plans. &4 Signal Plans Upon receiving review oomments on the 30% Phase plans, prepare initial signal modification Plans related to pedestrian heads and deflectors to match ramp and curb modifications. 9.5 Landscape and Hardscape Plans Upon receiving review comments on the 60% Phase plans, prepare initial landscape and hardscape plans for Client review, &0 Street Lighting Plans Upon receiving review comments on the 60% Phase pians, prepare initial decorative street lighting for Client review. PHASE 4 Phase 4 includes preparation of Final engineering plans and construction documents Task 7 — Final Engineering (Roadway, Landscape, Electrical, Lighting, Signing and Marking, Signal Plans) 7.1 90% Phase Plans Upon receiving review comments on the aO% Phase plans, develop plans for 90% complete stage. This includes Kimley>»Horn • Roadway • &Wnags • Eleabfca! • &9*18andpavernantnoWng • Slgrrals • Landscape and haordscape • S&OW lights 7.2 tltilltyCoordlnadon Page 4 Continue coordination with UAOs for the undergrounding of overhead utility lines. Conduct meeting with UAOs to resolve poterrxial utility conflicts. Task 8 -- Permitting 8.7 FDOT Permltting Assist Client in completing permit applications and submit permit package to FDOT Address FDOT permit review comments and resubmit for final permitting. 92 Palm Beach County (pap permitiing Assist Client in completing permit appik;ations and submit permit package to PBC for pedestrian signal modifications and any work on crossing Courtly roadways. Address permit review comments and resubmit for final permitting. M Final Plans Incorporate comments and issue Final plans. ADDITIONAL SERVICES The following tasks are not part of the initial supe of eervloes, but may be included as additional services if requested by the Client. These services may include, but are not limited to. + Attendance at additional meetings, including meetings with the City Commission, City staff, Presentations and public hearings Additional traffic data collection and analysis Site/Civil Engineering beyond the roadway right of way • Environmental analysls and engineering Kimley>i) Horn Page 5 SCHEDULE The schedule will be based on mutually agreed upon schedule. INF'ORMAVION PROVIDED BY CLIENT Krmley-Hom shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. FEE AMP�P,f._'I�lr- IGmley-Hom will perform the services described in all Phases above for the lump sum professional fee below. Klmley-Hom will not start a new phase until written authorization is provided by Client individual task amounts are informational only. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct eocpenses will be billed at 1.15 times cast. All permitting, application, and similar project fees will be paid directly by the Client. Lump sum fees Wil be invoiced monthly based upon the overall percentage of services performed_ Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Phase 1.' Concept Plans Development I Phase 2: Initial Engineering Plans 30% Phase 3: Design Development 60% Phase 4. Final Engineering Plans lGmley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a pager copy via regular mail if requested. Please provide the following information: Please email all invoices to — Please copy Sn"M- Z. npns- A}es7�rrr . ' p -Q: . Kimley>HHorn Page 6 CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to iGmley-Horn and Associa#es, inc., and '"Client" shall refer to attached, Boynton Beach Community Redevelopment Agency. Our current rate schedule has also been If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one COPY, and return the other to use We will commence se vk" only after we have sawed a fully - executed agreement Fees and times stated in this Agreement are valid for sixty (60) days atter the date of this letter. We appreciate this opportunity to provide these services to you. Please contact us at (581) 404-7250 if you have any questions. Sincerely, Merwan H. Mufleh, P.E. Senior Moe President BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BY.. (Date) (Print or Type Name) Title. (Email Address) (Print or Type Name) ' Witness K.'1"-A0adv 4QZ_8eeaoN acrd Law E*r&w8wN* A RIw1Cm*VVf8 .=6.1n.DS, = MadEfr� PtwwWg_0q80jW,, WLCJiIL Wdowr AweryLFn Ss. 11k- 1170 C}tplk' at ICh J'1 ATTACHMENT III 3 1 z O H V W U) O W O m O w CL Kimley»>Horn BOYNTON BEACH BLVD DESIGN FROM EAST OF 1-95 TO SEACREST BLVD. DESIGN SCOPE OF SERVICES PROJECT UNDERSTANDING The CRA wishes to improve the Boynton Beach Boulevard corridor, which is owned and maintained by the Florida Department of Transportation (FDOT) as part of the revitalization of the urban core. The plan is to enhance aesthetics, make the corridor pedestrian and bicycle friendly and encourage revitalization. The improvements will be done in two stages. The first stage is to improve the corridor within existing right of way by narrowing lanes and expanding sidewalks to provide better landscape and hardscape opportunities. As redevelopment occurs during the plans preparation phase, the engineering plans will be revised to consider additional right of way provided by developers. The design will be broken into phases to allow Client to stop and consider redevelopment conditions during the development of the project. Objective The primary objective of this project is to prepare engineering and urban design drawings to improve the Boynton Beach Blvd corridor. SCOPE OF SERVICES PHASE 1 Phase 1 includes preparation of concept plans from just east of 1-95 to Seacrest Blvd for the desired corridor features in accordance with the CRA master plan with the assumption that redevelopment will provide at a minimum one foot -wide sidewalk 1 utility easement. Task 7 — Base Map 1.9 Base Map Drawings Use existing aerial photography as the background for the proposed concept drawings along with FDOT provided as -built plans. Task 2 — Concept Plan Development 2.9 Roadway plans and typical sections Coordinate with FDOT to arrive at acceptable roadway typical section concept for the Boynton Beach Boulevard segments east and west of Seacrest Boulevard in accordance with CRA Master Plan as shown in attached Exhibit No. 1. Upon typical section acceptance, prepare 1690 South Congress Avenue, Suite 100, Delray Beach, FL 3344 Kimley>»Horn Page 2 roadway concept plans and submit to Client and MOT for review and comments. Address one round of comments and finalize concept plan. 2.2 Public Involvement Prepare for and attend one public meeting which may be at a regular CRA Advisory Board meeting to present the concept plan and solicit public input. Present options related to bike lane and sidewalk width and landscape and hardscape features. Task 3 — landscape Concept Plan Development 3.9 Landscape concept plans Upon acceptance of the roadway typical sections and plan view design, prepare landscape concept plans and submit to Client and FDOT for review. Address one round of comments and finalize concept pians. PHASE 2 Phase 2 includes preparation of design survey and Initial Engineering plans (30%) for Boynton Beach Boulevard and pedestrian crossing improvements between 1-95 and Seacrest Boulevard. All improvements will be designed within existing right of way and any potentially donated right of way or easements as provided by Client. Task 4 — Design Survey 4.1 Design Survey Prepare roadway design survey Task 5 — Roadway Plans 5.1 Roadway Typical Sections After completion of design survey, develop final typical sections for Client and FDOT approval. 5.2 30% Roadway Plans Upon FDOT's approval of typical sections, prepare engineering design plans to 30% completion for Client and FDOT review. PHASE 3 1690 South Congress Avenue, Suite 100. Delray Beach, FL 1344 Kimley»>Horn Page 3 Phase 3 includes preparation of Design Development engineering plans (60%) for Boynton Beach Boulevard from 1-95 to Seacrest Blvd and design to underground overhead existing utilities. Ail improvements will be designed within existing right of way and any potentially donated right of way or easements as provided by Client. The Final engineering will consider redesign to incorporate on -street parking for those parcels that donate right of way. Task 6 — Design Development (Roadway, Landscape, Electrical, Lighting, Signing and Marking, Signal Plans) 6.9 Undergrounding of Electrical Overhead Lines Coordinate with utility agency owners (UAOs) to underground the overhead utility lines. Prepare underground conduit trench typical sections and preliminary layout in coordination with UAOs. 6.2 60% Roadway and Drainage Plans Upon receiving review comments on the 30% Phase plans, prepare engineering design plans to 60% completion for Client and FDOT review. 6.3 Signing and Pavement Marking Plans Upon receiving review comments on the 30% Phase plans, prepare initial pavement marking plans. 6.4 Signal Pians Upon receiving review comments on the 30% Phase plans, prepare initial signal modification plans related to pedestrian heads and detectors to match ramp and curb modifications. 6.5 Landscape and Hardscape Plans Upon receiving review comments on the 60% Phase plans, prepare initial landscape and hardscape plans for Client review. 6.6 Street Lighting Plans Upon receiving review comments on the 60% Phase plans, prepare initial decorative street lighting for Client review. PHASE 4 Phase 4 includes preparation of Final engineering plans and construction documents Task 7 —f=inal Engineering (Roadway, Landscape, Electrical, Lighting, Signing and Marking, Signal Plans) Kimley>)) Horn Page 4 7.1 90% Phase Plans Upon receiving review comments on the 60% Phase plans, develop plans for 90% complete stage. This includes • Roadway • Drainage + Electrical • Signing and pavement marking + Signals • Landscape and hardscape + Street lights 7.2 Udiity Coordination Continue coordination with UAOs for the undergrounding of overhead utility lines. Conduct meeting with UAOs to resolve potential utility conflicts. Task 8 — Permitting 8 7 FDOT Permif ft Assist Client in completing permit applications and submit permit package to FDOT Address FDOT permit review comments and resubmit for final permitting. 8.2 Palm Beach County (PBC) Permitting Assist Client in completing permit applications and submit permit package to PBC for pedestrian signal modifications and any work on crossing County roadways. Address permit review comments and resubmit for final permitting. 8.3 Final Plans Incorporate comments and issue Final plans. Task 9 — Traffic Analysis 9.4 Pedestrian Crossings 16% South Congress Avenue. Suite 100: Delray Beach, FL 3344 Kimley>»Horn Page 5 Prepare a traffic analysis and engineering study to determine the need for pedestrian crossings between 1-95 and Seacrest Boulevard. Consider providing median refuge locations for pedestrian safety. Incorporate approved crossings in design plans. ADDITIONAL SERVICES The following tasks are not part of the initial scope of services, but may be included as additional services if requested by the Client. These services may include, but are not limited to: Attendance at additional meetings, including meetings with the City Commission, City staff, presentations and public hearings Additional traffic data collection and analysis Site/Civil Engineering beyond the roadway right of way Environmental analysis and engineering SCHEDULE The schedule will be based on mutually agreed upon schedule. INFORMATION PROVIDED BY CLIENT Kimley-Hom shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. 1690 South Congress Avenue, Suite 103, Delray Beach, FL 334 Kimley»>Horn Page 6 FEE AND BILLING Kimley-Horn will perform the services described in all Phases above for the lump sum professional fee below. Kimley-Horn will not start a new phase until written authorization is provided by Client. Individual task amounts are informational only. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Phase 1: Concept Plans Development Phase 2: Initial Engineering Plans 30% I Phase 3: Design Development 60% Phase 4: Final Engineering Plans Expense LUMP SUM FEI= $54,000 $87,000 $98,000 $130,000 Kimsey-Hom, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please provide the following information: Please email all invoices Please copy ,itmlay-Harn.=T 1690 South Congress Avenue, Suite 100, Delray Belch, FL 3344 Kimley»>Horn Page 7 CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Hom and Associates, Inc., and "Client" shall refer to Boynton Beach Community Redevelopment Agency. Our current rate schedule has also been attached. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully - executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate this opportunity to provide these services to you. Please contact us at (561) 4047250 if you have any questions. Sincerely, ,4-- A* Marwan H. Mufleh, P.E. Senior Vice President BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: (Date) (Print or Type Name) Title: (Email Address) Witness (Print or Type Name) ItOGD_RoadwaytW4821102_Seacrest Blvd Lane EliminafionWHA RIeslContract19OS-2077.42.48_BBB Modiflcdon Phasing_CRA_MHM_IAb to SeacresLdom 1690 South Congress Avenue, Suite 100: Delray Beach, FL 3344 Kimley>))Horn BOYNTON BEACH BLVD DESIGN FROM EAST OF 1-95 TO US -1 DESIGN SCOPE OF SERVICES PROJECT UNDERSTANDING The CRA wishes to improve the Boynton Beach Boulevard corridor, which is owned and maintained by the Florida Department of Transportation (FDOT) as part of the revitalization of the urban core. The plan is to enhance aesthetics, make the corridor pedestrian and bicycle friendly and encourage revitalization. The improvements will be done in two stages. The first stage is to improve the corridor within existing right of way by narrowing lanes and expanding sidewalks to provide better landscape and hardscape opportunities. As redevelopment occurs, the engineering plans will be revised to consider additional right of way provided by developers. The design will be broken into phases to allow Client to stop and consider redevelopment conditions during the development of the project. Objective The primary objective of this project is to prepare engineering and urban design drawings to improve the Boynton Beach Blvd corridor. SCOPE OF SERVICES PHASE 1 Phase 1 includes preparation of concept plans from just east of 1-95 to US -1 for the desired corridor features in accordance with the CRA master plan with the assumption that redevelopment will provide at a minimum one -foot -wide sidewalk 1 utility easement. Task 1 — Base Map 1,1 Base Map Drawings Use existing aerial photography as the background for the proposed concept drawings along with FDOT provided as -built plans. Task 2 — Concept Plan Development Z,1 Roadway plans and typical sections Coordinate with FDOT to arrive at acceptable roadway typical section concept for the Boynton Beach Boulevard segments east and west of Seacrest Boulevard in accordance with CRA Master Plan as shown in attached Exhibit No. 1. Upon typical section acceptance, prepare 1690 South Congress Avenue, Suite 100, Delray Beach, FL 3344 Kimley»>Horn Page 2 roadway concept plans and submit to Client and FDOT for review and comments. Address one round of comments and finalize concept plan. 2.2 Public Involvement Prepare for and attend one public meeting which may be at a regular CRA Advisory Board meeting to present the concept plan and solicit public input. Present options related to bike lane and sidewalk width and landscape and hardscape features. Task 3 — Landscape Concept Plan Development 3.1 Landscape concept plans Upon acceptance of the roadway typical seclrons and plan view design, prepare landscape concept plans and submit to Client and MOT for review. Address one round of comments and finalize concept plans. PHASE 2 Phase 2 includes preparation of design survey and Initial Engineering plans (30%) for Boynton Beach Boulevard from east of 1-95 to US -1 and pedestrian crossing improvements between 1-95 and Seacrest Boulevard. All improvements will be designed within existing right of way and any potentially donated right of way or easements as provided by Client. Task 4 — Design Survey 4.1 Design Survey Prepare roadway design survey Task 5 — Roadway Plans 5.1 Roadway Typical Sections After completion of design survey, develop final typical sections for Client and FDOT approval. 5.2 30% Roadway Plans Upon FDOT's approval of typical sections, prepare engineering design plans to 30% completion for Client and FDOT review. PHASE 3 1690 South Congress Avenue, Suite 100. Delray Beach, F�3344 561 330 2345 Kimley»>Horn Page 3 Phase 3 includes preparation of Design Development engineering plans (60%) for Boynton Beach Boulevard from 1-96 to US -1 and design to underground overhead existing utilities. All improvements will be designed within existing right of way and any potentially donated right of way or easements as provided by Client. The Final engineering will consider redesign to incorporate on -street parking for those parcels that donate right of way. Task 6 — Design Development (Roadway, Landscape, Electrical, Lighting, Signing and Marking, Signal Plans) 6.1 Undergrounding of Electrical Overhead Lines Coordinate with utility agency owners (UAOs) to underground the overhead utility lines. Prepare underground conduit trench typical sections and preliminary layout in coordination with UAOs. 6.2 60% Roadway and Drainage Plans Upon receiving review comments on the 30% Phase plans, prepare engineering design pians to 60% completion for Client and FDOT review. 6.3 Signing and Pavement Marking Plans Upon receiving review comments on the 30% Phase plans, prepare initial pavement marking pians. 6.4 Signal Plans Upon receiving review comments on the 30% Phase plans, prepare initial signal modification plans related to pedestrian heads and detectors to match ramp and curb modifications. 6.5 Landscape and Hardscape Plans Upon receiving review comments on the 60% Phase plans, prepare initial landscape and hardscape plans for Client review. 6.6 Strieet Lighting Plans Upon receiving review comments on the 60% Phase plans, prepare initial decorative street lighting for Client review. PHASE 4 Phase 4 includes preparation of Final engineering plans and construction documents Task 7 — Final Engineering (Roadway, Landscape, Electrical, Lighting, Signing and Marking, Signal Plans) 1690 South Congress Avenue. Suite 100, Delray Beach, FL 334+ 561 330 2345 Kimley»>Horn 71 90% Phase Plans Page 4 Upon receiving review comments on the 60% Phase plans, develop plans for 90% complete stage. This includes 4 Roadway • Drainage • Electrical • Signing and pavement marking • Signals • Landscape and hardscape • Street lights 7.2 Utility Coordination Continue coordination with UAOs for the undergrounding of overhead utility lines. Conduct meeting with UAOs to resolve potential utility conflicts. Task 8 — Permitting M FDOT Permitting Assist Client in completing permit applications and submit permit package to FDOT. Address FDOT permit review comments and resubmit for final permitting. 8.2 Palm Beach County (PBC) Permitting Assist Client in completing permit applications and submit permit package to PBC for pedestrian signal modifications and any work on crossing County roadways. Address permit review comments and resubmit for final permitting. 8.3 Final Plans Incorporate comments and issue Final plans. Task 9 — Traffic Analysis 9.1 Pedestrian Crossings L ;1Kirt l-F3praytl r5 0J0 South Congress Avenue, Suite 100. Delray Be�]Gh, FL 3344�i Kimley>»Horn Page 5 Prepare a traffic analysis and engineering study to determine the need for pedestrian crossings between 1-95 and Seacrest Boulevard. Consider providing median refuge locations for pedestrian safety. Incorporate approved crossings in design plans. ADDITIONAL SERVICES The following tasks are not part of the initial scope of services, but may be included as additional services if requested by the Client. These services may include, but are not limited to: Attendance at additional meetings, including meetings with the City Commission, City staff, Presentations and public hearings • Additional traffic data collection and analysis • Site/Civil Engineering beyond the roadway right of way • Environmental analysis and engineering SCHEDULE The schedule will be based on mutually agreed upon schedule. INFORMATION PROVIDED BY CLIENT Kimley-Hom shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. l 1M10y-1 0M_CO-M' 1690 S00Congress Avenue, Suite 100, Delray Beach, FL 3344 Kimley»>Horn Page 6 FEE AND BILLING Kimley-Horn will perform the services described in all Phases above for the lump sum professional fee below. Kimley-Horn will not start a new phase until written authorization is provided by Client. Individual task amounts are informational only. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Phase 1: Concept Plans Development LUMP S $78,000 Phase 2: Initial Engineering Plans 30% $115,000 Phase 3: Design Development 60% Phase 4: Final Engineering Plans TOTAL $145,000 $229,000 Kimley-Hom, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please provide the following information: Please email all invoices to Please copy 4rn1vy-11orn.com_ 1690 SOUdI COnurE'Ss Avenue. Suite 100, Delray Beach, FL 3344 561 330 2345 Kimley»>Horn Page 7 CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Hom and Associates, Inc., and "Client" shall refer to Boynton Beach Community Redevelopment Agency. Our current rate schedule has also been attached. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully - executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate this opportunity to provide these services to you. Please contact us at (561) 404-7250 if you have any questions. Sincerely, If"— A* Marwan H. Mufleh, P.E. Senior Vice President BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: (Date) (Print or Type Name) Title: (Email Address) (Print or Type Name) Witness K:16CD_RoadWaM42482002_Seacmt Blvd Lane Elimina6onWHA FileslCant+acMIDS 2016.10.03_BBB Modification Phaslng--CRA I-05 to US -1 MHM rev2.docx 1690 South Conaress Avenue, Suite 100, Delray Beach. FL 3344L I Kimley»>Horn BOYNTON BEACH BLVD DESIGN FROM EAST OF SEACREST BLVD. TO US -1 DESIGN SCOPE OF SERVICES PROJECT UNDERSTANDING The CRA wishes to improve the Boynton Beach Boulevard corridor, which is owned and maintained by the Florida Department of Transportation (FDOT) as part of the revitalization of the urban core. The plan is to enhance aesthetics, make the corridor pedestrian and bicycle friendly and encourage revitalization. The improvements will be done in two stages. The first stage is to improve the corridor within existing right of way by narrowing lanes and expanding sidewalks to provide better landscape and hardscape opportunities. As redevelopment occurs, the engineering plans will be revised to consider additional right of way provided by developers at those specific locations. The design will be broken into phases to allow Client to stop and consider redevelopment conditions during the development of the project. Objective The primary objective of this project is to prepare engineering and urban design drawings to improve the Boynton Beach Blvd corridor. SCOPE OF SERVICES PHASE 1 Phase 1 includes preparation of concept plans from Seacrest Blvd. to US -1 for the desired corridor features in accordance with the CRA master plan with the assumption that redevelopment will provide at a minimum one -foot -wide sidewalk/ utility easement. Task 1 — Base Map 9.9 Base Map Drawings Use existing aerial photography as the background for the proposed concept drawings along with FDOT provided as -built plans. Task 2 — Concept Plan Development 2.1 Roadway plans and typical sections Coordinate with FDOT to arrive at acceptable roadway typical section concept for the Boynton Beach Boulevard segments east of Seacrest Boulevard in accordance with CRA Master Plan as shown in attached Exhibit No. 1. Upon typical section acceptance, prepare roadway concept 1690 South Congress Avenue. Suite 100. Delray Beach, FL 3344 Kimley»>Horn Page 2 plans and submit to Client and FDOT for review and comments. Address one round of comments and finalize concept plan. 2.2 Public Involvement Prepare for and attend one public meeting which may be at a regular CRA Advisory Board meeting to present the concept plan and solicit public input. Present options related to bike lane and sidewalk width and landscape and hardscape features. Task 3 — Landscape Concept Plan Development 3.9 Landscape concept plans Upon acceptance of the roadway typical sections and plan view design, prepare landscape concept plans and submit to Client and FDOT for review. Address one round of comments and finalize concept plans. PHASE 2 Phase 2 includes preparation of design survey and Initial Engineering plans (30%) for Boynton Beach Boulevard from Seacrest Blvd. to US -1. All improvements will be designed within existing right of way and any potentially donated right of way or easements as provided by Client. Task 4 — Design Survey 4.9 Design Surrey Prepare roadway design survey Task 5 — Roadway Plans 5.1 Roadway Typical Sections After completion of design survey, develop final typical sections for Client and FDOT approval. 5.2 30% Roadway Plans Upon FDOT's approval of typical sections, prepare engineering design plans to 30% completion for Client and FDOT review. PHASE 3 j�#imly-! rrxn.� �rr1 1690 South Congress Avenue, Suite 100, Delray Beach, FL 3344 Kimley»>Horn Page 3 Phase 3 includes preparation of Design Development engineering plans (60%) for Boynton Beach Boulevard from east side of Seacrest Blvd. to US -1 and design to underground overhead existing utilities. All improvements will be designed within existing right of way and any potentially donated right of way or easements as provided by Client. The Final engineering will consider redesign to incorporate on -street parking for those parcels that donate right of way. Task 6 — Design Development (Roadway, Landscape, Electrical, Lighting, Signing and Marking, Signal Plans) 6.1 Underg►ounding of Electrical Overhead Lines Coordinate with utility agency owners (UAOs) to underground the overhead utility lines. Prepare underground conduit trench typical sections and preliminary layout in coordination with UAOs. Design will consider the future undergrounding of the lines west to 1-95. 6.2 60% Roadway and Drainage Plans Upon receiving review comments on the 30% Phase plans, prepare engineering design plans to 60% completion for Client and FDOT review. 6.3 Signing and Pavement Marking Plans Upon receiving review comments on the 30% Phase plans, prepare initial pavement marking plans. 6.4 Signal Plans Upon receiving review comments on the 30% Phase plans, prepare initial signal modification plans related to pedestrian heads and detectors to match ramp and curb modifications. 6.5 Landscape and Hardscape Plans Upon receiving review comments on the 60% Phase plans, prepare initial landscape and hardscape plans for Client review. 6.6 Street Lighting Plans Upon receiving review comments on the 60% Phase plans, prepare initial decorative street lighting for Client review. PHASE 4 Phase 4 includes preparation of Final engineering plans and construction documents K-ril y -Hare LLT 9690 South Congress Avenue, Suite 100, Delray Beach, FL 3344 561 330 234 Kimley>»Horn Page 4 Task 7 — Final Engineering (Roadway, Landscape, Electrical, Lighting, Signing and Marking, Signal Plans) 7.1 90% Phase Plans Upon receiving review comments on the 60% Phase plans, develop plans for 90% complete stage. This includes • Roadway • Drainage • Electrical • Signing and pavement marking • Signals • Landscape and haridscape • Street lights 7.2 Utillty Coordination Continue coordination with UAOs for the undergrounding of overhead utility lines. Conduct meeting with UAOs to resolve potential utility conflicts. Task 8 — Permitting 81 FDOT Permitting Assist Client in completing permit applications and submit permit package to FDOT Address FDOT permit review comments and resubmit for final permitting. &2 Palm Beach County (PBC) Permitting Assist Client in completing permit applications and submit permit package to PBC for pedestrian signal modifications and any work on crossing County roadways. Address permit review comments and resubmit for final permitting. 8.3 Final Plans Incorporate comments and issue Final plans. ADDITIONAL SERVICES ''lofrr -+ 1690 South Congress Avenue, Suite 100, Delray Beach, FL 334 Kimley»>Horn Page 5 The following tasks are not part of the initial scope of services, but may be included as additional services if requested by the Client. These services may include, but are not limited to: Attendance at additional meetings, including meetings with the City Commission, City staff, presentations and public hearings Additional traffic data collection and analysis SitelCivil Engineering beyond the roadway right of way Environmental analysis and engineering SCHEDULE The schedule will be based on mutually agreed upon schedule. INFORMATION PROVIDED BY CLIENT Kimley-Hom shall be entitled to rely on the completeness and accuracy of all information .provided by the Client or the Client's consultants or representatives. FEE AND BILLING Kimley-Hom will perform the services described in all Phases above for the lump sum professional fee below. Kimley-Hom will not start a new phase until written authorization is provided by Client. Individual task amounts are informational only. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Phase 4: Final Engineering Pians $130,000 _ff- - err ;ih)kV-Born cfjrn 1 f90 South Congress Avenue, Suite 100. Delray Beach, FL 3344 561 3 LUMP SUM Phase 1: Concept Plans Development $48,000 Phase 2: Initial Engineering Pians 30% $87,000 Phase 3: Design Development 60% $98,000 Phase 4: Final Engineering Pians $130,000 _ff- - err ;ih)kV-Born cfjrn 1 f90 South Congress Avenue, Suite 100. Delray Beach, FL 3344 561 3 Kimley>»Horn Page 6 Kimley-Hom, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF fon-nat. We can also provide a paper copy via regular mail if requested. Please provide the following information: Please email all invoices to Please copy Krm ioy-l-jor ri.c.om 1690 South Congress Avenue, Suite 100, Delray Beach, FL 334 Kimley»>Horn Page 7 CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to ICGmley-Horn and Associates, Inc., and "Client" shall refer to Boynton Beach Community Redevelopment Agency. Our current rate schedule has also been attached. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully - executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate this opportunity to provide these services to you. Please contact us at (561) 404-7250 if you have any questions. Sincerely, A* Marwan H. Mufleh, P.E. Senior Vice President BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: (Date) (Print or Type Name) Title: (Email Address) (Print or Type Name) Witness K4BCD_Roadway1042482002_Seacrest &vd Lane ElirnhationWHA Fles\Contract�SOS 2016.10.03_BBB Modification Phasing_Seacrest to uS-1_CRA MHM reYl.docx 1GJ0 Soutfi Congress Avenue, Suite 100, Delray Beach, FL 3344 °�°CRA CRA BOARD MEETING OF: February 14, 2017 Consent Agenda IX F Old Business I I New Business I I Legal I I Information Only I I CRAAB AGENDA ITEM: XIII.F. SUBJECT: Request to Amend the Completion Date of 500 East Ocean Project to December 31, 2017 SUMMARY: On May 27, 2015 the CRA entered into a Direct Incentive Funding Agreement (DIFA) with Skye at Boynton Beach, LLC (Attachment 1) for the redevelopment project known as 500 Ocean located at 101 South Federal Highway. Pursuant to the attached letter (Attachment II) from Mr. Tom Hayden as Vice President of Skye at Boynton, LLC, the DIFA recipient is requesting a First Amendment to the DIFA extending the completion date from July 30, 2017 to December 31, 2017 as highlighted in paragraph 9.7 of the agreement. CRA legal has prepared the attached First Amendment which has been reviewed and agreed upon by Skye at Boynton Beach, LLC (Attachment Ill). CRA staff as provided the CRA Board with two scenarios that the extension in the termination date to December 31, 2017 would cause (Attachment IV). FISCAL IMPACT: NIA CRA PLANIPROJECTIPROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Downtown District (pages 81 — 92) CRAAB RECOMMENDATION: NIA CRA BOARD MOTIONIOPTIONS: 1) Motion to approve amended date of December 31. 2017 2) Motion not to approve the amended date of December 31, 2017 3) The Board may offer additional terms and conditions to the request for an Amendment Michael Simon, Interim Executive Director ATTACHMENT 500 Oce DIRECT INCENTIVE FUNDING AGRi This is an went (hereinafter "Agreemene) entered into as of the R y of 2015, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pmrsuaut to Chapter 163, Part III of the Florida Statutes, (hereinafter ref ad to as "CIWI, with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435. and SKYE AT BOYNTON BEACH, LLC, a Florida limited liability may, with a business address of 1201 Ponce de Leon Blvd. Coral Gables, Florida 33134 (hereineflr collectively re&nrd to as the -Developer" ). RECITALS: WHEREAS, . the CRA has determined that entering into public/private Peps for the purpose of eliminating shun and blight, encouraging economic development, creating of%rdable housing and other goals within the adopted CRA plan is beneficial to the public; and WHEREAS, this Agreement pertains to Direct Incentive fimdmg for the 500 Ocean Project, City File No. NWSP 14-002, (hereinafter the "Project") located on property described on Exhibit "A" within the CRA boundaries (hereinafter the "Property"); and WHEREAS, the CRA has determined that the Project is advancing the goals of the CRA plan, by meeting the ICC 700-2012 National Green Building Standard Silver and by adding 6,600 sq. ft. of office space;and WHEREAS, at the October 14, 2014 mewing, the CRA Board of Directors (iwwinafter "CRA Board"I by g9mpriate action, made the Project eligible for a percentagc of the Tax Increment revenue pursuant to this Direct Incentive Fauft Ag meanest (hereinafter "Agreement"); and WHEREAS, this Direct incentive Funding Agreemerrt is not intended to be a "Development Agreement" witbir the meaning of Florida Statutes, Section 163.3221; and WHEREAS, the CRA Board approved this Agreement to its form at its Novwnber 12, 2014 mecting; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby aclumowlcdged, it is agreed herein between the parties as follows: Section 1.iReC tals, The foregoing recitals are true and mroct and incorporated herein. Section 2. Detiaftions. As used in. this Agreen=4 the following terms shall have the following meanings: M1801.4 Page 1 of 17 "Agreement" means this Direct Incentive Funding Agreement and all Exhibits and attachments hereto, as any of the same may hereafter be amended from time to tithe. "Base Value" means the assessed value of the Property as determined by the Palm Beach County Property Appraiser prior to construction of the improvements as reflected in Exhibit "B" attached hereto. "Certificate of Occupancy" mesas the Gerff ate issued by the City pursuant to the City of Boynton Beach Building and Zoning Cade indicating that a building or Structure complies with applicable City of Boynton Beach Building and Zoning Code requirements and that the same may be used for the purposes stated therein. "Cer Hication" means National Green Building Certification issued by the National Association of Home Builders Research Center to developments that meat the criteria of the ICC 700-2012 National Green Building Standard. "City" means the City of Boynton Beach, Florida. "Commence Construction" or "Commencement of Construction" means the issuance by the City of the permit required for the commencement of vertical construction and the actual commencement of such vertical Constructions pursuant to and in accordance with such permit. "Construction Loan Documents" means the documents evidencing financing of the construction of the Project. "Direct Incentive Funding" means an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the terms of this Agreement. "Designer's Report" means a report to be submitted to the CRA by Developer Outlining all of the elements of the Project to be constructed to obtain the Silver Rating National Green Building Standard as more fully described in Exhibit "C." "Developer" means SKYE AT BOYNTON BEACIL LLC, as described in the attached Exhibit "G". "Electric Vehicle or EV Charging Station" means an electric aging point, charging point and the EVSE (Electric Vehicle Supply Equipment), that supplies electric energy for the recharging of electric vehicles or plug-in hybrid electric -gasoline vehicles. "Silver Rating National Green Building Standard" the standard of the National Association of Home Builders' (NAHB) Grp Building Program based upon American National Standard Institute approved TGC 700-2012 National Green Building Standard. The Standard defines green building for single- and multifamily homes, residential remodeling projects, and site development projects while still allowing for the flexibility required for regionally -appropriate best green practices. To comply with the Standard, a builder or remodeler must incorporate a minimum number of features in the following areas: lot and site development; energy, water, and resource efficiency, indoor envzonmental quality; and home owner education. The Silver Rating requires 349 Performance Points. W418MI- 4 Page 2 of 17 "Office Space" means the 6,600 sq. $. of office space to be constructed as hart of the Project as depicted on the site approved site plan City File No. NWSP 14-002, which is attached hereto as Exhibit IT" "Pledged Project Increment Revenues" means the variable disbursement of revenue to the Developer that equate to a percentage of the Project Increment Revenues as set forth in Section 6 of this Agreement. The example of the Pledged Project Increment Revenues calculated over the term of the Agreement is shown in Exhibit "D". "Project" means that certain land development project currently referred to as 500 Ocean, City File No. NWSP 14-002, attached hereto as Exhibit "E" located on property further described on Exhibit "A" within the CRA boundaries. "Project Increment Revenues" means the amount deposited in the Redevelopment Bust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project. "Property" means the real property described on Exhibit "A." "Redevelopment Area" means those areas within the limits of the City which have been declared blighted and established by the City in accordance with the provisions of Florida Statutes, Chapter 163, Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of increment revenues attributable to development within the Redevelopment Area. "Retail Space" means the approximately 13,300 sq. ft. of retail space to be constructed as part of the Project. "Site Plan" means the site plan for the Project approved by the City of Boynton Beach on July 1, 2014, a copy of which is attached hereto as Exhibit "E." "Systems Audit" means a review performed by an independent auditor approvers by the CRA and paid for by Developer of the Project according to the 2012 ICC -700 National Green Building checklist including original inspections and certification of the residential units to confirm ongoing compliance with the standards, subsequent blower door testing to confirm compliance with original testing. (Exhibit "F") "Substantial Completion" or "Substantially Complete" means the completion of 40% of the Project's units, as evidenced by issuance of certificates of occupancy for such units. "Successor or Assignee" means a subsequent owner of the Project, as approved of by the CRA pursuant to this agreement, other than the original Developer, SKYE AT BOYNTON BEACH, I.I.C. "Tax Collector" means the duly elected tax collector for Palm Beach County, Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Unit" means a single residential dwelling within the Project. 0041 IA Page 3 of 17 "Unit Type" means Al, Bl, Cl, C2, C3, and D1 designation based on the unit floor plan approved in the Site Plan. Section 3. Effective Date„ This Agreement shall be effective as of the date of the execution of the Construction Loan Documents for the Project as evidenced by the submission by Developer of copies of same to the CRA. Section 4, evelo is b tions — Construction of the Pro'ect. L. As part of the Project, Developer agrees to construct the units for the Project as described in the Site Plan and to obtain the Silver Rating National Green Building Standard. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach provided that the Developer shall not have the right to reduce the number of residential units, reduce the energy effeiency, of the units, eliminate the EV Charging Stations or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification from the City of Boynton Beach, 4_2 As part of the Project, Developer agrees to constrict the 6,600 sq, ft. of office space as reflected in City File NWSP 14-O02, attached hereto as Exhibit "E," 43 Convicted Vendor List. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and all of its affiliates, contractors, sub -c mtractors and/or agents who perform any work on the Project, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the EfreLuve Date. Section 5. Certification Requirements. The Project has been modeled to attain the Silver Rating National Green Building Standard. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer shall provide evidence that the all units, once constructed have received a Silver Rating National Green Building Standard using third party verification. The Developer shall provide third party verification that the constructed units comply with the standards for the Silver Rating National Green Building Standard for the duration of Direct Incentive Funding Agreement. Implementation of this Certification requirement shall be as follows: 5^1 C cation and Occuipant Education. 5.1.1 Silver hating Standar. Developer shall conform to the Designer's Report attached hereto as Exhibit "C" outlining components of the Project necessary for compliance to receive a Silver Rating ICC -700 Natlowd Green Building 2012 Standard. This will require a level of Silver for each section inclusive of 75 "Additional Points" available under the program. Certification that this standard has been met will be accomplished at the Developer's expense through the National Association of Home Builders Resource Center as overseer of the program. 5.1.2 Initial Certification. The Developer will provide evidence of Certification meeting the Silver Rating National Green Building Standard based on two inspections for each apartment including a pre -drywall and final inspection. A detailed checklist will be created and all the components and practices will be listed to show individual unit compliance with the Silver Rating National Green Building Standard The checklists and reports shall be submitted to the City's Development Services Department within fifteen (15) days of completion of the inspection of the Project. ONISMId Page 4 of 17 5.1.3 Occunrwt Manuals and Training. The Developer shall produce and distribute to all of the Projects occupants a manual identifying the green attributes of each unit and the overall Project. This manual shall also include any manufacturer's information or product data for equipment, fixtures, and appliances. Through the manual, occupants will be familiarized with the green building practices implemented and the impact of occupants' activities on costs of operating the building. The manual shall include a narrative detailing the importance of constructing a green building, including a list of green building attributes included in the building; the green building program certificate (copy of the National Green Building Standard that is sometimes referred to as the "NGBS") with measures achieved and the warranty, operation, & maintenance instructions for all equipment, fixtures, appbances, & finishes as per requirements of Chapter 10 of the Designers Report of NGBS. Training will also be provided to the building management company regarding all equipment operation and control systems at the cost of the Developer. 5.1.4 Installation and Maintenance of Electric Vehicle Charging Stations. The Developer shall install at the Project the following three Electric Vehicle Charging Stations: one in the coy nx=ial parking area and two in the residential paddng am. Proof of installation of the EV Stations shall be submitted to the City's Development Department upon completion of the Project. Developer or its assigns shall be responsible for the electrical expense and maintenance of the EV charging stations throughout the term of this Agreement. 552 Non Discrimination. The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in the lease of any Units provided for in this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer of a breach of this condition and thereafter, Developer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being takenby other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. if Developer does not demand arbitration within fifteen (15) days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non -prevailing party. Such non -prevailing party shall be determined by the arbitrator. 5_3 Systems Auditing., Prior to receiving any annual allotment of any Direct Incentive Funding pursuant to this Agreement, Developer shall provide written evidence, at its sole cost and expense, that is satisfactory to the CRA in its sole discretion, of continued compliance in all material respects by the Developer to the terms of this Agreement and with all agreed upon Silver Rating National Green Building Standards set forth in this Agreement. On an annual basis, the Developer will perform a systems audit on at least thirty-four (34) Units each year for the next ten (10) years as evidence that the Units continue to meet the Silver Rating National Green Building Standard and to ensure that the EV Charging stations are constructed and in working order. This systems auditing process is based on the schedule attached and contained within Exhibit "F". The Developer shall provide the Systems Audit Report to the City's Development Services Department on an annual basis, beginning April 30th in the year in which funding begins pursuant Section 6.2 and no later than April 30th of each year thereafter for duration of this Agreement indicating the units' compliance with the Silver Rating of the National Green Building Standard. 5A This systems audit shall be conducted by an independent auditor, selected and paid for by the Developer with the approval of the CRA. ao41MI-a Page 5 of 17 5.3.2 The examinations and opinions included in the systems audit required under tbxs Section must be conducted in accordance with the definition of systems auditing contained in Section 2 of this Agreement. 533 The Developer shall provide the Systems Audit Report to the City's Development Services Department on an annual basis, beginning April 30th in the year in which funding begins pursuant Section 6.2 and no lager than April 30th of each year thereafter for duration of this Agreement indicating the units' compliance with the Silver Rating of the National Green, Building Standard. Each annual performance audit must be submitted to the City's Development Services Department no later than the last day of April for the preceding year. The City shall either accept the audit as sufficient or make the determination that the audit and/or documentation for the audit are deficient, and shall so notify the CRA in writing, within twenty (20) days of receipt of Systems Audit Report. In the event of notification of deficiencies by the City to the CRA, the CRA shall notify the Developer of such deficiencies and distribution of Direct Incentive funding shall be suspended until resolution of the deficiencies. If deficiencies are not resolved to the CRA's satisfaction and a sufficient Systems Audit Report is not submitted to the CRA within 90 days of receipt of notice by the CRA that the submitted Systems Audit Report is deficient, the Developer shall be in breach of this Agreement and the CRA may pursue all remedies available to it under this Agreement and at law and in equity. 5.3.4 Disbursement of Direct Incentive Funding shall occur upon (1) the CRA's acceptance of a properly documented and sufficient Systems Audit Report by the CRA Board demonstrating compliance with the provisions of this Agreement, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the Developer of all ad valorem taxes for the preceding year. 5.4 Usuection. Upon providing Developer ten (10) business days prior written notice at any time during normal business hours and as often as the CRA deems necessary the Developer shall make available to the CRA for examination, all of its retards pertaining to the Systems Audits of the units at Developer's office with respect to all matters covered by this Agreement. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding this Agreement at any time for any period covered by this Agreement, all at the CRA's cost and expense. Any delay in the production of documents requested by the CRA shall toll the CRA's time for review of a request for distribution of funds. 5,5 Nan -Compliance. In any year in which the Systems Audit Report discloses that Developer is in non-compliance in any material respect with the requirements of the Silver Rating National Green Building Standard, the Developer may be deemed in default of this Agreement and after the exhaustion of all opportunities to Cure the Default available to Developer as set forth in Section 8, the CRA will be entitled to all appropriate remedies at law and equity, including but not limited to the remedies set forth in Section 8 below and the CRA, may cease making any further the Direct Incentive Funding to the Developer. Exceeding the agreed upon requirements of the Gold Rating National Green Building Standard in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the Gold Rating National Green Building Standard hereunder. Section 6. Direct Incentive Funding. 1'he threct incentive Funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the Developer's cost of creating and maintaining the energy efficiency improvements, including the improvements necessary to attain the Silver Rating National Green Building Standard and of constructing the 6,600 sq. ft. of office space within the Project. oNIMI-a Page 6 of 17 661 Direct Incentive Funding Formula and Term. The CRA hereby agrees to provide Direct Incentive Funding, that is, to pledge and assign to Developer pursuant to the terms of this Agreement for a period of ten (10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section S above due to the failure of the Developer to comply with the terms of this Agreement. No Direct Incentive Funding payments shall be made if the Developer is in default under the terms of this agreement and Developer has faded to sufficiently cure the default as provided herein. The amount of the Direct Incentive Funding is based on the following formula: Project Increment Revenue times the agreed upon percentage factor paid to Developer each year for a ten year period. The CRA has agreed to pay the Developer the following annual percentage factors: Years One — Four. Seventy -Five Percent of the Pledged Project Increment Revenues Years Five —Seven: Fifty Percent of the Pledged Project Increment Revenues Years Eight Ten: Twenty -Five Percent of the Pledged Project Increment Revenues 6_2 Commencement and COnditians of,Fundina. The ten (10) year term for the payment of Direct Incentive Funding to Developer by the CRA shall commence on the last day of year that the following conditions are met: A. The 6,600 square feet of Class A Office Space is at a minimum shell complete and all phases of the Project have received either a Certificate of Completion or Certificate of Use from the City of Boynton Beach; B. All phases including the residential, office and retail portions of the Project have been placed on the Tax Roll; C. The CRA has received Project Increment Revenues from all phases of the Project; D. The Systems Audit Report is received and found to be sufficient by the City and CRA. and. E. Developer is in compliance with the term of this Agreement F. Proof of installation and angoing efficiency of the three (3) EV charging stations 6_3 Disbursement of Funds. Subject to the CRA finding that the conditions in Section 6.2 have been meet and determining that the Developer is not in breach of the terms of this Agreement, the CRA shall begin annual disbursement of the Direct Incentive Funding upon (1) the CRA Board's acceptance of a sufficient annual Systems Audit Report, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the Developer of ad valorem taxes for the preceding year. There is no obligation by the CRA to disburse the Direct Incentive Funding during any cure period or in the event the Developer is in default of this Agreement. 6_4 No Prior Didge of Pledged Prolect 1=ement RevenM The CRA warrants and represents that the Pledged Project Incest Revenues are not the subject of any prior pledge by the oo41=14 Page 7 of 17 CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 665 Subordination. Any pledge of pledged Prajeot Increment Revenue pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6, 2404, as amended and supplemented. Section 7. Reshjctfye Covenant. Upon completion of the Project and prior to the issuance of final Certificates of Occupancy by the City, the Developer shall prepare a Restrictive Covenant Agreement meeting the requirements outlined in this Agreement. The Restrictive Covenants shall be approved by the CRA which approval shall not be unreasonably withheld or delayed or conditioned. The Restrictive Covenant Agreement shall be recorded and shall contain restrictive covenants including, at least, the following terms: 11 Restrictive Covenants. The restnotive covenants governing Certification shall include the following: 7.1.1. All Units shall be certified to achieve the Silver Rating National Green Building Standard and no restrictions shall be adopted which prohibit or limit the ability to achieve or maintain said standard. The Restrictive Covenants shall also provide that three EV Charging Stations shall also be placed on site and maintained as reflected. on Exhibit "E"; 7.1.2 Reference to the Occupant Manuals and availability of Training regarding the green attributes of each unit and the Project as required above in Section 5; 7.1.3 The Restrictive Covenants shall terminate at such time as this Agreement terminates as provided herein, including but not limited to Sections 4 and 8; 7.1A The Restrictive Covenants shall reference the required affival Systems Audit set forth in Section 5 above and provide the CRA the right to access the units during normal business hours after providing reasonable notice to be audited for the duration of this Agreement. Section 8. Limitation on the Assinment of Project OwnerShIlD.,Assignment of the Project ownership to any other entity or personnel, including those listed on the Florida Department of State Division of Corporations Annual Report filed April 24, 2014 as evidenced in Exhibit prior to the issuance of the Certificate of Occupancy for the entirety of the Project shall make this Agreement null and void. In this event, the CRA shall not be liable for payment of any of the Direct Incentive Funding under the terms of this Agreement. Notwithstanding the foregoing, assignment of ownership pursuant to the exercise of foreclosure by Developers mortgagee shall be permitted. Section 9. Events of Default, Remedies and Termination. 9_1 R&OIL Upon the occurrence of any one or more of the following events, the CRA may, at its sole discretion, terminate this Agreement and any and all Direct Incentive Funding under this Agreement upon occurrence of any one or more of the following events of default. The CRA may, at its sole option, continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment. The following shall constitute events of default: W41Wzi-4 Page 8 of 17 Any inaccurate, incomplete, false or misleading statements made by Developer or its agents or representatives to the CRA with regard to the negotiation, drafting and representations in this Agreement or any associated Direct Incentive Program Applications or documents; .1.2 Prior to the issuance of the Certificate of Occupancy for the entire Project, if SKYE AT BOYNTON BEACH, LLC, the Developer, is vacated, abandoned, or closed or otherwise ceases to exist except for a permitted assignment or transfer of such limited liability entity;. 9.1.3 Any breach by or failure of the Developer to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect and the Developer's failure to cure the same for a period exceeding thirty (90) days after reoeipt of written notice from. the CRA of the breach of failure to perform. If the CRA determines that the nature of Developer's default is such that more then ninety (90) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 90 -day period and thereafter diligently pursues such cure to completion; 9.1.4 The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 9.1.5 The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against the Developer, the some is not dismissed within one hundred twenty (120) days; 9.1.6 Appointment of a trustee or receiver to take possession of substantially all of Developer's assets, where possession is not restored to Developer within one hundred twenty (120) days; 9.1.7 The attachment, execution or other judicial seizure of substantially an of Developer's assets where such seizure is not discharged within one hundred twenty (120) days; 9.1,8 Should the Site Plan, building or any other necessary permit expire at any time, and should Developer fail to apply for a renewal or extension within sixty (60) days of the expiration of the permit or Site Plan, then this Agreement shall terminate and be of no further force and effect. 9.1.9 Should the Developer modify the Site Plan in a material manner, as determined by the CRA, with regard to the Silver Rating National Green Building Standard elements of the project and/or the square footage of office space without approval from the CRA then this Agreement shall terminate and be of no fiuther force and effect. 9.2 Remedies. Upon the occurrence of any one or more of the foregoing events of default as set forth in Section 9. 1, CRA shall at its option, give notice in writing to the Developer to cure its breach or failure of performance if such failure may be cured. Developer shall not he entitled to any Direct Incentive Funding disbursements until the default is cured. The GRA retains the sole discretion as to whether to disperse any Direct Incentive Funding withheld as a result of the Developer's breach or failure to perform until Developer cures the same pursuant to this Agreement. Upon the failure of Developer to cure within (90) days or such longer reasonable period determined by the CRA if Developer is diligently pursing a cure, the CRA may exercise any one or more of the following remedies: 004IM31.4 Page 9 of 17 921 Terminate this Agreement upon not Iess tbant fifteen (15) days notice by certified letter to the Developer at the address specified in Section 9.5 of this Agreement, such notice to take effect when delivered to the Developer. 9.2.2 Commence a legal action for the judicial enforcement of this Agreement. 9.2.3 Temporarily or permanently withhold the disbursement of any Direct Incentive Funding disbursement or any portion of a disbursement and discontinue any further disbursements. 9"2A Tape any other remedial actions available at law and in equity. 9_3 Attomals Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, to be paid by the non -prevailing party. 9A Law and Remed . This Agreement shall be governed by the laws of the State of Florida. Venue of any and all legal actions arising fiom this Amt shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be m addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder, shall preclude any other or farther exercise thereof. 9_5 Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, tern, or oondition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall lime to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. L. Remedies Under Bankrmotev and Insolvenry Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this went. QD41M1.4 Page l©of 17 9_7 Termination. The obligations of Developer and CTIA shall terminate upon the earlier of (i) expiration of the Direct Incentive Funding payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods; or (ii) failure by the Developer to complete the Project before July 30, 2017, unless extended as provided by written agreement of the parties. Section 10. General Conditions. 10.1 CRA's Afaintenance of Records and Annual Account Funding Commencing with the Effective Date„ the CRA shall maintain and administer separate financial records which reflect the terms of this Agreement. Such records shall clearly document for the benefit of the CRA and the Developer, the Base Year amount and the annual Project Increment R,evenucs collected by the CRA attributable to the Project and the annual Direct Incentive Funding payments owing and paid to Developer under this Agreement. 10.2 Successors and Assigns. The CRA and Developer each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other patty, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion, this Agreement may be transferred by the Developer, provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. Notwithstanding anything to the contrary contained in this section, prior to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withheld. Such assignment shall not relieve the Developer of any of its obligations or duties as set forth herein. Atter the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer without the consent of but with at least 10 day notice to CRA. 1.0.3 No Brokers. CRA and Developer each represents to the outer that it has not dealt with any broker, finder, or like entity in connection with this Agent or the transactions contemplated hereby, and each patty shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 10.4 Indemnification and Hold Harmless. The Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, flee and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character (sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA. The Developer recognizes the broad nature of this indeann. cation and bold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida, This paragraph shall survive the termination of the Agreement. 00418021.4 Page 11 of 17 10.5 Notices and other Comm ul aftns Whenever it is provided herein: that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or ate► recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such noun demand, request, comcnt, approval Or Other communication (referred to in this Section 9.5 as a "Notice"} shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Developer-, Tom Hayden SKYE AT BOYNTON BEACH, LLC 650 S. Northlake Boulevard Suite 450 Altamonte Springs, FL 32701 With a copy to: Gerald Biondo Mural Wald Blondo & Moreno, P.A. 1206 Ponce de Leon Blvd. Coral Gables, FL 33134 N to CRA: Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Tam Daby Lewis, Longman & Walker, P. A. 315 N. Flagler Drive, #1500 West Palm Beach, FL 33401 10.5.1 Any Notice may be given m a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 10.5.2 Every Notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. 10.6 Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreesnenx. 10.7 Entire Ameat. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein. Norse of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 10.8 Exhibits. Each Exhibit refereed to in this Amt forms an essential part of this Agreement. Any Eichibit not physically attached shall be treated as pant of this Agreement and are inoorporated herein by reference. 0041=» Page 12 of 17 10.9 Severabffity. If any provision of this Agreement or application thereof to any person or situation WWI, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 10.10 Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct Incentive Program, the terms and conditions of this Agreement shall prevail. 10.11 Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 10.12 Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance; in connection with this Project. 10.13 Binding Autliority. Each patty hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. Secdon 11. Recording. 11.1 This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 11.2 Any obligation so created by this Agreement shall be effective as alien only upon the recording of such lien and shall be subordinate to any mortgage applicable to such property. Notwithstanding the foregoing, nothing herein contained shall be construed as creating an obligation hereunder upon any mortgagee or holder of other security interest including deed of trust prior to said Mortgagee or holder acquiring title by foreclosure or otherwise, This agreement and the rights and obligations hereunder, including without limiting the generality of the foregoing, the Restrictive Covenant, are subordinate in all respects to any first mortgage lien now or hereafter placed on the Property. 11.3 Nothing contained in this Amendment shall be deemed to be a right in favor of, or a duty to, the general public or any tenant occupant, invite, trespass or person or entity of any other status or classification for any reason, use or purpose whatsoever, whether public or private, it being the intention of the parties hereto that nothing in this Agreement, expressed or implied, shall confer upon any person or entity any such right or duty. Rights granted to, or duty in favor of, a third party beneficiary are neither intended nor granted. 11A CRA Specifically grants to Developer the right to obtain a mortgage for the development construction and ownership of the Project. CRA understands, acknowledges and agrees that this Agreement, including but not limited to the Restrictive Covenant Agreement contemplated by Section 7, and each and every other obligation, term and condition of this Agent is subordinate to such mortgage, its modifications and amendments, changes or replacements, and for all purposes, such mortgage shall be, and treated as, prior in right and time to this Agreement. CRA shall, if requested, ooaiMIA Page 13 of 17 execute such additional documents in recordable form as may be necessary or convenient to evidence this promise and provision. Section 12. Public Records The Boynton Beach Community Redevelopment Agency is public agency subject to Chapter 119, Florida Statutes. To the extent the Developer generates or maintains documents considered public records pursuant to Florida Statutes as a result of this agreement, Developer shall comply with Florida's Public Records Law. Specifically, the Developer shall: Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; Provide the public with access to such public records by providing the same to the CRA upon request on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the Developer upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of Developer to comply with the provisions set forth in this agreement/contract shall constitute a default and breach of this Agreement. If Developer fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement. Section 13. Total. or Partial Destruction. 13.1 If the Project shall be damaged by fine, the elements, unavoidable accident or other casualty, so that compliance in any material respects by the Developer with the agreed upon Silver Rating National Green Building Standards as set forth in this Agreement is impossible, interrupted or frustrated, or if as a result of such damage by fire, the elements, unavoidable accident or other casualty, the obligations, terms and conditions of this Agreement cannot be carried out by the Developer, the Agreement shall nonetheless remain in full force and effect so long as the Developer commences within thirty (30) days of the event the obtaining of building permits for the restoration and repairs and once issued diligently pursues such repair and/or restoration until completion. If Developer has not commenced repairs and restoration within ninety (90) days, the CRA may terminate this Agreement. It is understood, acknowledged and agreed that in the event of damage that exceed the normal and customary insurance deductible of the Developer that Developer must apply for and then receive insurance proceeds in order to commence restoration and repair. So long as the Developer timely applies for and is diligently pursuing the receipt of such insurance proceeds, Developer shall have complied with the preceding requirement provided such repairs and restoration are completed within six (6) months of the dates of the event. In the event of a natural disaster, Act of God or similar major catastrophe the parties acknowledge, understand and agree that performance as to repair or restoration may not be possible within the time frames stated 0091802!-4 Page 14 of 17 above and the Developer shall be given such time as is reasonable to commence repairs and restoration and to complete same. During the period that the Project is being repaired and restored, the CRA shall have no obligation to disburse Direct Incentive Funding to Developer. If repairs and restoration have not been oompleted within ono (1) year of the event of natural, disaster, Act or God or major catastrophe, the CRA may terminate this Agreement. 13.2 This Section 11 shall be paramount to all other provisions of this Agreement, including but not limited to Section 4 and Section 8. [SIGNATURES ON FOLLOWING PAGES] MISMIa Page 15 of 17 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES STATE OF FLORIDA } } SS: COUNTY O SKYE AT BOYNTON BEACH, LLC a Florida limitedcompany By: Print Name: Title: BEFORE ME, an, officer duly authorized by law to"ter oaths and take acknowledgments, personally appeared �S as CA—of SKYE AT BOYNTON BEACB, LLC, and ac ledged under oath that heldw has executed the foregoing Agreement as the proper official of SKYE AT BOYNTON BEACH, LLC, for the use and purposes mentioned t the instrument is the act and deed of SKYE AT BOYNTON BEACH, LLC. He/ personally lm to me or has produced as identification. IN WrINE,SS OF THE FOREGOING, I have set my hand and official we at in the State and County aforesaid an this 2#day of e. .jA , 2015. My Commission 1 NotarfPublic, Statefif Florida at large UENTIONALLY LEFT BLANK] [CITY SIGNATURE ON FOLLOWING PAGE] M1=14 Page 16 of 17 WrfNESSES m 1 % 'IM STATE OF FLORIDA COUNTY OF PALM BEACH BOYNTON BEACH CIDAW[UNITY :7;jT+C' OPA EGENCY k?61111ft SS: BEFORE ME ffic tho ' ed by law to o s and take admowledgments, �y appeared as i of BOYNTON BEACH CO RED P AGENCY, and acknowledged under oath that heJahe has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOP CY, for the use and purposes mentioned herein and that the instrument is the .��iff —anRo EACH COMMUM Y REDEVELOPMENT AGENCY. He/she is personally known to me or has pApduced as identification. _719 Wt NESS OF JU FO ING, have set my hand and official seal at in the State and County aforesaid on this—fly of JoPub My Commission Expires: , S to of orrda at W41Sar1-4 Page 17 of 17 ELgw wr KM VALUE Arlt MMPSCFA 1t1141�d � �E Loadw Ads= 1012 193im tRw 1i1Mltlps W W MM M ACH novw OWN "mow 0W143 -7m10 WWkWM IMI W Mi! OF 116 (f}1dd hoed& NO 24000 pop m Sisk am X2011 TCM1h1 OF MUM ALL OF ILK 7 A 12 w M11 POS, ALL OF TOM Or Lad assAp a BOYMM MW PL OF KK 12 IN M BFis A PROF AM N 210 A111! o w I 4CAPSTM03cwuc pomm asm Jue?2011 SUM 24M / au7 C Mr OF TnM CAPSTONE MMIM LLC 1700.2001 $MAN 11M74 / oris vWA MMM OM mwc= V6mm I LLC DEC -i ow $10o aaa$a / = 7 cw of Tru CW1994 $100 69ssa / 0515 CULT OF TITLE' QGT-1004 $100 0967/0154 CEU CF MM as NO b=Wftn Wwmdm 11Us1Ja & IO r aP Vo is a wtOW SWAM F ;337 AQn 4.5111 VM 4 1700.OF110E ONE S' M ZWft M1.11- k lmd Un MP( 004017111011 t 1 Tom "W X"4 7818 3013 ww $SIAN sZllm P13.471 v�ke "Alr,sas Sa,541,7ae 9.541,188 TOW Mwkoe111dma $5,069„017 5$,'Fa3.S71i s3,sa3,m AN WAM am a agiamy 1a as& Ie yu WN aw6 90111 X112 As10l w tv. &M $3.421,916 $3,663,370 $3.'!0,539 ANnetme so I so so Ta VAM mmling $912,976 33.50,239 TheK Yew M4 Ad Vwwm Palo Ad VMM Tkad Pax 2013 sw.504 30$1,991 SIAM g sari" aat,929 WIN EXHIBIT"C" Ln -j it M 2012 If..A.A�II W-kk e F MrNY�fAA/C! M�LYY ��IIIrYY�Rwnlra •�akeVilq�YY�1r�„mYrrn•�w��M�� IY.Ir+�y��f rM�^�y�M1Y�l��r�tit�l�ssrr eau�ri.www.r.`u. �r..msm�.u�w.w..wr�•rrwr�.+�+.. r...ws.ert.wrr.rrw.��a...�..+��swrruw �r�i...r++ra.r� �.w�rma+.�rwuwrrr...F.rw�.ewrrw.r.. nrru.wrr..rir��ei..��rr�w..ri�rrti..wr.. naw�i4�wre�u. �Y��fineiu• YMr1s�mllr�rrMwWe�wr��Ya�wvix�nn,+MW{YrW��SwaY�buyn •11o�rrri��ir ��rmulw�lmws�wrllwr��r4www� µrW��/�yM�11rr��MYd YM1ir.�wlMww4wp�' •a W�wwle�u�rl��r/.Owaltl�a YOYrrMRnM��Y�rW 4PMa ��+F��4MF W.rr1`'tlrh�blwrMrw�a W1�wi� oral.r...rrnw.�rms.uexwrrw�.�.u.rr.�...rwr+� r.e�.e..nn...rr.n+rw.w...rw.�.r..".,r�+rwH� e�iwrrar.�uw �rmssaexu.ane....e.nr�+r..ew.�e wrr.rw.rrNr��.wwr��rw..rr.•.��Marr .vs�rr..r.r.tiir �r.rm»wa.�..rrs.�.rrr..r.r.r.w.. ir.rr.+�n...wr��...^+w.My,.w.r..r•.�wew�rrw. �aoY..ywY�lrwwr M4MmI�pu�mrrhrl�lw�xw�ea�rMs.+w. iynMri.rW�4�,w�M�+ti�rrrlww�Lti�+44YYaa •MMiwMrrr�li wwrMl[oeme�suwM�YwMwdwwrr��.lkw/�I�� Ir�r�.a.r..4sw�w�MM4��M�wYwnr.. W�waw4 RLL10Y Y W! F. F.mrb�rpo. w r. W SO �.iiwie r M MFIb.Y.iYnwrY.m�rFIN.aWrtlfll.MFYr�isWt = tl O.Yw Frrbp M NNNCaq WY.YwF � INICa.q w.Ir..Itl YarwF�rtl¢NNRMatl�w r Y. W YF tieYaYwOMalU�lwYbwrlF�bl.orbfW tlr IMUMRpY. r r�4.iwl MYralret �i41r MhY W etlw..Ya y.r1 F MarYI��Mw�lllvtlYwrWPYd � bINN...h.11.w.Y.r�rr. Ytl�y.r}...{�.Aa.YYW rr. .KN.�..Y.I�YI�wS..W.y'YrYtl�e.6'ylwl.a.nY/rYr4 rYe W er r.r.+.r.�w�.r ina ur � Mr r.w.6wrrr S rMrrr.. 77r.aY�Yd♦ PYYs.�arrrYYY rrr.waiArrW�rsWr.�..drNr �Y+rYl01 xerA+evao�[rotrMRruMwwrw� 4 rli. M IitrwwY+NYY.�.rkrlrrW..IfwY/raYiN. Y M Wf.�NtlaSY(.ai�a..WyM.iaia �YtfiRlrr.l� Raa�r tl YNNIaYrM K YYwWr YrrYrr�..urwrre. w y ��UIe.1,.w.rhrrrr.r.�rrareyr.rr.Fr. K Boar rwr..� y No�.4R Aar.�*rNca.smm rtlprrrrr�Ygr YyY y � vNYa wa.{wwY r oom.yfq u.rprwworrr.arrrmYhtl+w�Yr. i y rr...w rwros. �Wrmr�rlvawW.YYrYnewiwrh r K mW�M.naYwi./.NW: y YYlrknr rry y Yw.�MMrYoir�.YO�arhYWM1Y/wINIrMFMw K Ytlrwb h bFwNrlMtla y Fwrwx..retl.Nw.ws.y..rroq.ber y AFriY Mn•..rrW.s�.rw.wrF y m rnwrY..rr...rrrsa.�Yw YS u Nr.rari.tl�e+ro.MMwn�rw�.aN ��rrrwi4 or.�Y r.4.rwirr.�rr.rwY.�ors.wrhFriM 1AxN�cr. gMrra*.rwrAw.4 OAgNYrwrr r a wtlor��rtlr, pfrYYWtlaprYYY�W Rrr�r YtaYre YY.wwF.wa.+. �...� IwYrllnrNrh.r,+..s.iW �W Ypr�sasoNyrtiwr.rrWerwo.oNser..Yw Yms Ynsre..r.eoy nYa.�.m au. N W� w.wa.�. FAe+.nw r R.+e i.aNY4..rnpirrhrh.YwY�rpYw. Ns�wroarawwewarex®uooa r.W.rh.r,o..Y W rWr.:YW Faibwwghy/.arMr.Ya hY�� .991LMFflrM@KAlllrll[IIN16 wn.a r Awtl.MrrerVONlNw wYtlY�arY1 re.Yl rr✓•M IIYI LYr ra�r. r�mwry. --. a..N+sNNra+fm�wuwar.�..a�rrwrY+�s rra.r sae �oP1+r.rax��rrw.,saYwww.a�}..gnr,K rr�o iae rh ��EYAw.�mr*rhrYerrrwrWao.+n�,+aw � � NN errww.rowa.rr.�p rvarb..w y Nr _ �IrwNr�l�aYbYW��N K - =7.=— _ _ a�aM/a.../1f�YlErR�Yrf�L1 .wMlwr�brb -•ma ••••..•• •.••.••�_�• .� WrYra.rr.w. IYWNRN`r.R.a�14YYraa..Ih9wrstlYawrrr• NCr4Ni AauearRYm-•..._r� MO o F�4Y1al+�iFwYwr...N.r Na N..a. AYtr 4.wwrer IIIIIaIYr 10a Yana Y/..aNirrYlr IN Y.ihY � y ooa «.wpuro.b iW�lN.aAbfvn rRY -"— �— .�wrw YFr..�b.rYY.r..rrrraY,Y..rN.e. y Ya! aoatlgFr..o.Y..mrrr..gr�r W Y�riw..b;r o.�...�iwrNyYrara.,�wN.rYr�.�.bY..N..r tl rd rr,Nq e.'Ywri aw R.a r.+r �rR � FwR eaR s W alw vala rMn1�w erwdl�Yla4 P�� w.w nr, as Rr r�Rpswrar.w�wM�NMFrwIr.�Rwn R.Iael s.rfRr.we.rar..�Fw.�FnFda..,r......a u W RwRRreParax�rrereuae� RFr.� + rr.�Revaw aewrraarnw�.wnRry ewFY.P W Iik.�Rr`a eroarw+w.lw+rrhd.aww,rr W W-Nw 4wwhmrawawaiaa.ua: Ma..wirawaarwePw4 piliraeeri Nrrreeirw� Rr W Nrri.rrYr YRawwwww.b..r�Rw, erFPRdwar y� Pue �AFr�MwaRrleMraWaM�l.R�a4fMrq�.Y'ry Y �M.� loom Fwe►s r+Mr�rr+an�ar.rfaawar U W M 4wW Y W, Rwernhr ref e.PaelrwPelRwF9w�a ww rr. 11e srw r.R.r r.r M W. tW. woe tr r�..ran 4 W O m19 MaulrwMn WaM�Lb<tY was w�R. Kmw awYA-ur ifPawlbeF.r�aaalN�Nwwr�edl4fe�g9rMMlvI�MN.byl�.wi Flb�e.FR[IMMYrw.iu kbrYlbo� MMa aa�rfM[Ma eMw/IF�IQiNYwlle.law�ai rarl Irti .surhhrpwaslw� PrraaPFav Ya.Y�+hrrw�waPwww.MwrYY xeh.hr.WwlawMwwar►a�.hi.FrwrYM1Mu..wY..r �IR ffi Ia'R0j cs imp M6 y� 10 c F N .S o �. w �At " G* ye w w I a$ LU ga Q�16 i g $LU 0 Ix w� 40 co 7 2► S+ ®4 0 F y f y 40An b Z r IrL A w F WeWS A n CL LO JW6 IL C4 V �L' 0 V N ft 40 F � $ o o P " a C4 v► w w ... CD x F �F� Ie 40 w � x x V _ C CW .. a I 403 9 LLLL Q. IL F+ F gypp_ r3 }t r V r w LL F8 r c O P� 15 u 40 G �y pp mmom_ N InE �IR ffi Ia'R0j cs imp M6 y� 10 c F N .S o �. w �At " G* ye w w I a$ LU ga Q�16 i g $LU 0 Ix w� 40 co 7 2► S+ ®4 0 F y f y 40An b Z r IrL A w F WeWS A n CL LO JW6 IL C4 V �L' 0 V N ft 40 F � $ o o P " a C4 v► w w ... CD x F �F� Ie 40 w � x x V _ C CW .. a I 403 9 LLLL Q. IL F+ F gypp_ r3 }t r V r w LL F8 W N W P� 15 u 40 G N InE r F IL N F M1 w w I w �IR ffi Ia'R0j cs imp M6 y� 10 c F N .S o �. w �At " G* ye w w I a$ LU ga Q�16 i g $LU 0 Ix w� 40 co 7 2► S+ ®4 0 F y f y 40An b Z r IrL A w F WeWS A n CL LO JW6 IL C4 V �L' 0 V N ft 40 F � $ o o P " a C4 v► w w ... CD x F �F� Ie 40 w � x x V _ C CW .. a I 403 9 LLLL Q. IL F+ F gypp_ r3 }t r V FF.JJ�� f!� EVINr op OW Oom *am mdkft I9Amedb-, lion d�lkdidlr� IUYnww i�mrlRardonChmddbt Tlae �� buiWhrg neaaRrrtts will be mordtmnad r+M mdr in aw m o erami end resider dW In m rdmncm wM die urdt mmmpft pion. Cmr lire lww ✓ FUmcdmn ofEVdrmrftdndmrw d shot l<rltmtf on my�tem a f�lmmint ms dm�ed �rsomslma hamdm,►��# ,/ p Wt nsot#mrs mens are anawft PAddaMW Uldt itmrms Vkud kspmc" Gf brrlir anwtlmpm. The fal mnm aemV w4 ps rrmr wwopq4 Dr` eaaled: 4, k*ft A MrWowq d=M am ceWlaeai;, fimdrtdmisd mppa do* so bpenlrrp l etw n window and door m wmbfhm Jmrnbe, firarrre. e� VeMy Wmm hmadb and fhu mlewrrnWh kwmkd ma dulped f rro rogheeds) Chad c"On momwkb olerrrm► [hm* that MERV B fftm ant ad heft Md Dryer errh■rsrt mumcdm le rrwbnafed +� atchen erdmig hwd fincimw prop* +� Hatwets hmmtbgplea hodldme d Dore MW 4n admcaftrrml bnXhure det MnF JIB bAdnt flturae WW eneW MRMMMtlmrr t vwnnm omrdml lot Faft bones of lwwrs mob ON sane 8uuft ew mro if ulfteu n plan Sach s Wm*l Wit WN be veriW In No dem with thea vwiflcpUm ire auNrAd in the to* below. Detail by Document Number 140"M Con"ct u. htip://search.suubiz.o%anquiry/coq oraticrose cb/seuchReW Detai... Exhibit " , IE -Filing semc" Doc o writ Suemh" Fwm• I Detail by Document Number Florida Limited Liability Comoan SKYE AT BOYNTON BEACH, LLC F111na Information Document Number L15000045440 FEVEIN Number NONE Date Filed 0311212015 Effective Data 03/12/2015 state FL Status ACTIVE Principal Address Bao S. NORTHLAKE BLVD ALTAMONTE SPRINGS, FL 32701 Mallina Address 650 S. NORTHLAKE BLVD ALTAMONTE SPRINGS, FL 32701 Reelatered Anent Name & Address LECESSE DEVELOPMENT CORP. 650 S. NORTHLAKE BLVD. SUITE 650 ALTAMONTE SPRINGS, FL 32701 Authorized Personal Detail Name & Address Title PRES LECCESE, SALVADOR 850 S. NORTHLAKE BLVD., SUITE 450 ALTAMONTE SPRINGS, FL 32701 1-Ifie VP MORGAN, ROBERT 1080 PITTSFORD VICTOR ROAD PITTSFORD, NY 14534 idlpXrl0ht 0 and PAracv &1bez State of Fbrda, Department of State 1 of 3 4/13/2015 5:08 PM Dftfl by DOCM apt Number FIESER, JIM 47 ELM STREET NEW CANAAN, CT 06840 Title VP FLYNN, JOHN 650 S NORTHLAKE BLVD., SUITE 450 ALTAMONTE SPRINGS, FL 32701 Title VP KAALI-NAGY, DAMIEN 21 SOUTH AVENUE NEW CANAAN, CT 06840 Annual Deports No Annuel Reports Filed Document Imanes hup://w e+ch-sunbiz,om4nwu3ry/corpar 6cesmeh/smmwRawd)omi... 03/1212015 — Florida Limited Liability j View Image In PDF format 2 of 3 4/13/2015 5:08 PM Electronic Articles of Organization For LAS 8 "AM Florida Limited Liabili Com an arch S 2o15 t3' F ec. Of slate Article I syooung The name of the Limited Liability Company is: SKYE AT BOi'NTON BEACH; LLC Article II The street address of the principal office of the Limited Liability Company is: 550 S. NORTHLAKE BLVD ALTAMONTE SPRINGS, FL. US 32701 The mailing address of the Limited Liability Company is: 650 S. NORTHLAKE BLVD ALTAMONTE SPRINGS, FL. US 32701 Article III The name and Florida street address of the registered agent is: LECESSE DEVELOPMENT CORp. 650 S. NORTHLAKE BLVD. SUITE 650 ALTAMONTE SPRINGS, FL. 32701 Having beennamed as stared agent and to accept service of process for the above stated limited liability comm= at the place desiPated in his certificate, I hereby accept the appointment as registered agent and agree W act in this =ty. I further agree to comply with the provisions of all statutes re o ling to of proper � compp , parfo ia e ofmy duties, and I am familiar wilh and accept the y Po gi ag Registered Agent Signature: SALVADOR LECCESE Article IV The nine and address of person(s) authorized to manage LLC: Title: PRES SALVADOR LECCESE 650 S. NORTHLAKE BLVD., SUITE 450 ALTAMONTE SPRINGS, FL. 32701 US Title: VP ROBERT MORGAN 1480 PITTSFORD VICTOR ROAD PI TTSFORD, NY. 14534 US Title: VP JIM FIEBER 47 ELM STREET NEW CANAAN, CT. 06840 US Title: VP JOHN FLYNN 650 S NORTHLAKE BLVD., SUITE 450 ALTAMONTE SPRINGS, FL. 32701 US Title: VP DAMIEN KAALI-NAGY 21 SOUTH AVENUE NEW CANAAN, CT. 06840 US Article V The effective date for this Limited Liability Company shall be: 03112/2015 Signature of member or an authorized representative Electronic Signture: GERALD J. BIONDO, ESQ. F50 8:0 AAAA March 12 2015 Sec. Of Site syounfg I am the member or authorizod represeofative submitting tww Articles of Orgganization and affirm that the facts sued herein are true. I am aware 10 false information submitted in a document to the Deparbnant of State oonstitutes s third de felony as provided fxar in s.817.155, F.S. I understand the roqumement to file an annual between Jaiwa ary 1 st and May 1 st in the calendar yoar following f�nation of flee LLC and every yeartcrcaftar to mMnfgm "active" status. ATTACHMENT II Skye t Boynton Beach, LLC February 8, 2017 Mr. Michael Simon Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 RE 500 Ocean Development Boynton Beach Florida Dear Mr. Simon: On May 27, 2015, the Boynton Beach Community Redevelopment Agency and Skye at Boynton Beach, LLC entered into a Direct Incentive Funding Agreement (DIFA) relating to the development of 500 Ocean, a large mixed use community at the north west corner of Ocean Ave and Federal Highway. The project construction is proceeding and the first residential units are scheduled for occupancy in Spring 2017. Construction will continue through 2017 and final completion is scheduled for late 2017. At the inception of the Agreement, it was discussed that the Owners would move to construct the full project as expeditiously as possible, However given the challenges to date, including labor shortages in South Florida, unforeseeable off site underground conditions and the extensive coordination among the parties to the construction, including the General Contractor, Architects and the City of Boynton Beach completion will be delayed by several months. Recognizing these conditions, we are requesting that the July 30, 2017 completion date referenced in Section 9.7 of the Agreement be amended to December 31, 2017, All other terms and conditions of the May 27, 2015 Direct Incentive Funding Agreement remain unchanged. Thank you for your assistance with this request. Sir�ee�ei Thomas J. Hayden Skye Boynton Beach, LLC ATTACHMENT III FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT This First Amendment ("Amendment") to the Direct Incentive Funding Agreement dated May 27, 2015 ("Agreement") is made and entered into this day of _ , 2017, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, ( "CRA") with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435 and SKYE AT BOYNTON BEACH, LLC, A Florida limited liability company, with a business address of 1201 Ponce de Leon Blvd. Coral Gables, Florida 33134 ("Developer"). CRA and Developer desire and agree to the amend the Agreement as follows: Paragraph 9.7 shall be amended to extend the date by which Developer must complete the Project until December 31, 2017. Terms which are capitalized but not defined herein shall have the meanings given to such terms in the Agreement. Except as expressly set forth in this Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by CRA and Developer. This Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. [SIGNATURES ON FOLLOWING PAGES] 00756530.1 IN WIT NESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES Print Name: STATE OF FLORIDA ) SS: COUNTY OF ) SKYE AT BOYNTON BEACH, LLC a Florida limited liability company By: Print Name: _ Title: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of SKYE AT BOYNTON BEACH, LLC, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of SKYE AT BOYNTON BEACH, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of SKYE AT BOYNTON BEACH, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2014. My Commission Expires: 00756530-1 Notary Public, State of Florida at Large [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [CRA SIGNATURE ON FOLLOWING PAGE] WITNESSES Print Name: Print Name: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY �0 STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) Jerry Taylor, CRA Chairman BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2014. My Commission Expires: Notary Public, State of Florida at Large 00755530.1 ATTACHMENT IV E rf' W L C C a) C) cmQ O a- N V c ca E a) C_ C O a� N O 3 cn E 4-0 Q Q U- LL O LL O E E a) O a) L .-. coO -&. O E 1--1 +r L a) O N o) L a) O N 0) �+ C_ L C �, a L C a) D) U a) 0 Q 0 O O C 'O U L Q O U 0 O O "O L Q O a) O a} O s a) X ~ Q L a) > -p CDL x ~ Q a) O p CL ❑ N Q) ❑ C w a) O S U ¢O EL v p -:03 U aO LL -0 O v C o U N C B a) a a rnai ai _0V a) C E a cu .�. V _0 7 E m Q E O � p +, C L (� O O 0 +- C N V ar N = 3 E j, Q) C. N N:3 — Q E S� m b Q a) aoi T o U) E a CD Q o N E E a 4... E O N +� ' d7 L O E O N +� O :3O ti ' ' U N a) E ' ' N � o N co O co C) -C O _� p ' -v 0 C N N ON O Q N N O O ailCD ci M _ 1- N >% co _ r N a a O U) a) m U co cu T-CDcc v cu O Z❑ O W W N O W W r N O O .O O � � LO N V3 BOYNTC)N =1BEACH-CRA CRA BOARD MEETING OF: February 14, 2017 Consent Agenda I X I Old Business J I New Business I I Legal j I Information Only I I CRAAB AGENDA ITEM: XIII.G. SUBJECT: Consideration of Purchase and Development Agreement with Ocean One Boynton, LLC, for the CRA Owned Property Located at 222 N. Federal Highway, a/k/a the Ocean One Project SUMMARY: On March 8, 2016 the CRA Board received a Letter of Intent from the adjacent property owner, Ocean One Boynton, LLC, to purchase the CRA owned property located at 222 N. Federal Highway for purposes of redevelopment (see Attachment 1). The proposed project utilizes the CRA owned parcel and developer owned property to build an 8 -story, 231 residential mixed use building with 8,575 square feet of leasable commercial space. The developer described the remaining portion of the development site as Phase II of the overall project with an estimated 118 residential apartments along with a 100 plus room hotel. Additionally, the CRA Board approved the issuance of a thirty -day Notice of Intent to Dispose of Property as required under Florida Statute. At the January 10, 2017 CRA Board meeting, the Ocean One Boynton, LLC, development team presented their proposed project site plan to the CRA Board. In addition to the site plan presentation, Ocean One Boynton, LLC, also presented a request for Tax Increment Financing (TIF) to provide the additional funding necessary to complete the project. After review, the Board approved the proposed site plan as being consistent with the goals and objectives of the CRA Plan. Regarding the proposed TIF request, the Board directed the developer to consider including additional items to benefit the public. These items included more public parking, workforce housing, filling the retaillcommercial spaces and a Community Benefits Agreement for job creation. A draft TIF Agreement is not included with this agenda item. On February 9, 2017, Ocean One Boynton, LLC, submitted a Purchase and Development Agreement for the CRA Board's consideration (see Attachment 11). CRA staff and legal counsel have reviewed the agreement with key terms and conditions presented as follows: Purchase Price: $10.00 Deposit: $1,000 refundable at Closing Closing Date: Thirty (30) days from Site Plan approval by the City Commission Commencement of Construction: Shall take place within two (2) years from the date of Closing (Construction Commencement Period). If the Purchaser fails to commence construction within the timeframe provided, Purchaser shall be obligated to commence construction of a public plaza on the CRA's property no later than twelve (12) months after expiration of the Construction Commencement Period. Special Warranty Deed: A Special Warranty Deed will be recorded concerning the Purchaser's obligations described in the Commencement of Construction Period. � r_ .. BOYNTCJI'�I �....�BEACH CRA The Purchase and Development Agreement was submitted to CRA staff after the February 2, 2017 CRAAB meeting took place, therefore, the agreement has not been presented to them for review. FISCAL IMPACT: If the CRA Board approves the sale of the property for less than the fair market value of $460,000 as established in the appraisal dated January 5, 2016, then the sale of the property will require approval of the City Commission prior to execution of the agreement (see Attachment III). CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Downtown District (pages 81-92) CRAAB RECOMMENDATION: NIA CRA BOARD MOTIONIOPTIONS: 1) Motion to approve the Purchase and Development Agreement with Ocean One Boynton, LLC, for the CRA owned property located at 222 N. Federal Highway. Please note: For purposes of the motion, if the CRA Board approves the sale of the property for less than the fair market value, then the sale of the property will require approval of the City Commission prior to execution of the agreement 2) Motion not to approve the Purchase and Development Agreement with Ocean One Boynton, LLC, for the CRA owned property located at 222 N. Federal Highway. 3) The CRA Board may consider additional terms and conditions to the Purchase and Development prior to a motion to approve. Michael Simon, Interim Executive Director ATTACHMENT I Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 Ms. Romelus recalled discussing whether or not municipality involvement was good or bad. She asked what the result was. Mr. Block explained someone challenged the rule in itself which went through the DOAH. The judge was supposed to rule prior to Christmas and they have not heard anything further. He thought FHFC would prevail because it was done last year in Duvall County and no one challenged it, but he did not have enough data yet. The reason for the tax credit is to build affordable housing. Chair Grant thanked him and looked forward for his being here. D. Consideration of Community Benefits Agreement between the CRA and Heritage at City View Housing Partners, LP (NuRock Development Partners, Inc.) for the 2.97 Acre Project Site Known as MLK, Jr. located in the Heart of Boynton Tabled 10/10/16 E. Presentation of Site Plan and Request for Financial Incentive for the CRA Owned Property Located at 222 N. Federal Highway Mr. Simon explained staff needs approval or direction on the site plan as part of the Agreement for Sale and Purchase, which will come before the Board. It is part of the approval and disposal of property for the CRA. Bonnie Miskel, representing the Ocean One Plan, explained her client owned the site for 20 years and a site plan was prepared just before the crash and equity money was not available, the project was shelved. . An aerial of the property was viewed. The subject site was bounded by Boynton Beach Boulevard on the north, NE 6th Court on east, Federal Highway on the west and Ocean Avenue on south. The site has two parcels. The CRA owns a strip of property on the north side while the majority of the site is owned by her client. The project would be a two phased project. A master plan was viewed. Phase I was being processed through the site plan approval process and had a lot more detail. Phase I was on the north half of the site which was on CRA land, and was a mixed use project with 231 residential units for apartments and 8,575 square feet of retail which wraps the project on Federal Highway and Boynton Beach Boulevard. Retail space on Federal Highway on the west side of the parking structure has a gym and retail in three other spaces including the northeast corner of NE 6th Court and Boynton. They are premature to know what other retail will be there other than a gym and had interest from some restaurants and she believed it be one of the key elements as it related to retail. The property is an eight story tower building. Some interest was expressed on a taller building, but if going over 85 feet, a significant cost is incurred. Currently, the market is supportive of the eight story building. The parking structure is on south side of the building, and is wrapped by occupied units, but there are seven floors of parking. The proposal includes a public parking component as well. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 Phase II is primarily on Ocean Avenue and the south portion of the property. Two principal uses they expect was a hotel use and a condo that may be taller than eight stories as there are nice views from the southeast corner of the overall site. There will be a public plaza courtyard component in the center including 50 public parking spaces. There are scrivener's errors on the data sheets, but there are 50 public parking spaces for Phase I that will be located on the ground level and on the lot as depicted on the master plan. They were asked to install on -street parking on Federal Highway and NE 6th Court and they will be used for commercial and public parking. The units are studios with a few three bedroom units with most being one bedroom and one bedrooms with a den. The parking requirement for the entire project is 413 spaces and the 50. spaces for public parking brings the Phase I parking total to 463 spaces_ Attorney Miskel advised they have to clean up some of the impacts of the changes made. A graphic to show what ground level parking will be was viewed. The site for the Phase 11 project until construction will be a green open space area. They will be used for commercial uses, and some spaces for residential, but most of the residential units will be located on the upper levels of the parking garage. There is a first level amenity deck with a pool, and there will be a gym and club rooms for the residents. The upper levels are all residential. She reviewed the south elevation from Boynton Beach Boulevard and Federal Highway pointing out there will be a retail restaurant likely to be located on the corner and there will be some sort of artistic amenity on the corner to. identify one has arrived at the intersection. The amenity deck was on the ground level. They wrapped the garage so it does not look like a garage. There was a request for a bus shelter, which they incorporated into the side of the building to make it more attractive. Vice Chair McCray noted 50 parking spaces were included in Phase i and asked if Phase 11 will have 50 parking spaces and learned they would. Attorney Miskel explained they reserve the right to relocate the 50 spaces as they construct phase 11. Chair Grant asked how long between Phase I and 11. Attorney Miskel explained the Code in Boynton was different than other downtown urban Codes. The City's parking rates do not allow the applicant to conduct a study to show how mixed uses generate fewer cars. The goal before Phase 11 is to revisit it with staff. They believe there will be empty spaces on the upper residential level of the parking garage. Between Phase I and Phase 11, they would like to move gate on the ramp heading to the second level and move it up in parking garage so when they get to Phase 11 the 50 spaces are always available. Staff acknowledged an urban form that allows them to consider the options were something other cities were doing. They will find a way to have the parking available. Chair Grant asked about the timeline between the different phases and learned Phase I needed to be open and occupied for a while before they start with another residential tower. The hotel may come in sooner because there has been interest. Chair Grant commented he cannot give the land away. He commented he could not do anything about the DIFA without knowing about the hotel and when Phase 11 was coming because there is the possibility it will never occur. Attorney Miskel commented that was 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 the purpose of splitting the project into phases. The developer will include in Phase I public parking and an open space. The CRA parcel on the north side of the site is not large enough to develop a building and park, but staff envisioned it to be a public space. When Phase II comes in, the applicant will replace what they take away and give a public courtyard. The project hit the City's targets in several ways addressing public parking, open space and the Transit Oriented Development (TOD). Chris Brown, of Delray Beach, advised he moved to Delray 25 years ago and was the GRA Director between 1991 and 2000 and since then, his firm provides many services to many cities, as well as managing the CRA in West Palm Beach. Mr. Brown had observed that every successful urban city has a street that defines the downtown. Defray has Atlantic Avenue and Ft. Lauderdale has Las Olas. He commented it would be Federal Highway for Boynton Beach. He commented Boynton Beach Boulevard does not define the City and Ocean Avenue does not define it yet. He commented the have a street they are trying to renovate and make a downtown and there is no more important land use than housing. Retail is not needed in the beginning as housing is needed to attract residents to the shops and caf6s and create a walkable City and this project represents those attributes. Mr. Brown thought if an applicant was asking for an incentive, they have to meet goals and objectives of CRA which were in the Redevelopment Plan, the Downtown Master Plan and the Federal Highway Corridor Plan. The project meets the goals as they create on -street parking on Federal Highway. He noted Federal Highway is owned by the Department of Transportation (DOT) and they do not want on -street parking, but he negotiated it on Atlantic Avenue from Swinton to 1-95, and they kept on -street parking and it helped retail. They decertified the DOTS road from Federal Highway to Swinton and it saved Delray as it is no longer owned by DOT. He commented they spent a lot of money in making this a walkable project. It is surrounded on all four sides by wide sidewalks, streetlights, and underground electric, which was another objective. There are outdoor plazas, caf6s, dining areas and restaurants. He learned that restaurants would be the retail that would make the downtown in Delray. He recruited 20 restaurants, some of which are still there such as DADA, 32 E and City Oyster. When someone comes in to ask about Boynton Beach and Federal Highway, he recommended they consider outdoor dining as he would not want any restaurant on Atlantic Avenue to not have outdoor dining. Those that did not have outdoor dining do not do very well. Structured parking in an urban environment was another fulfillment of the Master Plan. He commented this should be included in every project included in an urban environment, with the exception of a small townhome project. Mr. Brown explained the economic impacts were included in the meeting materials. When both projects are finished, there are 308 permanent jobs which come from the management of the apartments, condos, hotel and the retail. The first phase of retail is over 8,500 square feet. He noted 32 E has 74 employees and restaurants have enormous employment. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 He thought combined with consumers and retail expenditures. The project would add about $40 million into the local economy. Vice Chair McCray asked if they would hire local contractors and workers, noting their slide indicated there would be 815 construction jobs and learned they did this for Pompano Beach. The Pompano Beach CRA has a program where they get local contractors to hire local workers. They sign contracts with them. There was a Marriott Hotel built and they placed 64 workers in jobs. They essentially run an employment so the contractors, subcontractors, property managers, retailers and all else on the property to be local. They have an employee they would send from Pompano to run the program in Boynton Beach. Phase I has 231 residential units and over 8,500 feet of retail. Phase ll has more residential units and a hotel and about 5,000 square fleet of retail. He noted the extra things involved in the project total $6.5 million, and commented they would like some of the money back which was TIF funds they would request, He commented there would be 50 public parking spaces in the garage and on the surface at a cost of $1.1 million. They would spend about $700 thousand on the perimeter of the site and making it a walkable community. Mr. Brown thought if there was no walkabout community there would not be a successful downtown. He commented Delray Beach does not have a vacancy rate and has a waiting list on nearly every apartment building because people want to walk to where they are going. Millennials who rent apartments are not about the car, it was about a different lifestyle. He noted Boca Raton developers are moving to Delray. He reviewed a slide depicting they will spend about $700,000 on the perimeter; $293,000 on water/sewer connection fees, $500,000 for FPI- relocation; $28,000 for utility relocation; and an upgraded garage exterior facing Federal Highway and NE 6th Court costing $500 thousand, a linear retail shell at a cost of $240,000, Florida Green Building design for $500,000; County impact fees at $1,573,622 for the schools, transportation and parks and the City impact fees all of which totaled $6.5 million. The applicant was looking for $4.2 million and provided an 8 -year and a 10 -year model. They preferred to use an 8 -year model. He noted 500 Ocean has a 10 -year model. Mr. Brown explained they were not only providing public parking in the first Phase, but public parking in Phase ll. Mr. Brown explained the Phase Il cost to the developer was $5.08 million. He reviewed the various costs as contained in the presentation such as public parking and a public plaza. He commented there is no better use in a downtown than a hotel, as guests want to go out and spend money. They want to build an extraordinary lobby, to attract pedestrians and make it an attraction. He explained they were requesting $3.6 million for the second phase in an 8- or 10 -year payout model. He pointed out funds were based on calculations of what the tax revenues will bring, but the CRA will payout based on what they actually do. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 Vice Chair McCray asked Mr. Simon about the 10-year model and if they have the funds and learned the CRA did. The funds would come from the Tax Increment Financing (TIF) that is generated from the project itself and there are future TIF revenues they will share. The developer would receive 75 % of the TIF generated for the year and the CRA would get 25% in the future. Mr. Casello understood the developer needed the CRA parcel for the project and asked if Phase II was never developed, it would be turned back into a public park. Attorney Miskel explained if Phase I did not go forward timely, they can craft language which would require the developer to build public plaza enhancements on CRA land. The other possibility, if Phase ll did not occur timely, was the developer create an open space in Phase li so when Phase 11 is constructed there will be a substantial public plaza and courtyard component. Either way the CRA is covered either on Phase I or 11 but when Phase I is constructed, it will be on Phase 11 until Phase 11 is constructed Mr. Casello like the design of the garage. Mr. Casello asked about the $125 million economic development benefit. Mr. Brown explained the have a certified Economic Development specialist on staff and they have computer programs that make the calculations. Ms. Romelus asked what the projected revenue on the project property would be and learned Ms. Harris, CRA Finance Director has determined the projected total was $3,951,280. This used the anticipated millage as goes forward through the years over the course of the TIF agreement. In year 10, the total goes to $6,268,623 at about $500,000 and $600,000 per year, would be created for the CRA if the Board obligated itself to a percentage payback over the 8 or 10 years according to the agreement the Board makes. Mr. Simon agreed to provide a copy of Ms. Harris' calculations to Vice Chair McCray, Chair Grant noted the TIF Casa Costa required retail and asked if they would fill the retail. Mr. Brown explained if you build retail, which must be included in mixed use, it takes about one year longer to fill retail than residential. It takes time to make tenant improvements after they receive the Certificate of Occupancy on the building by about a year. Chair Grant noted the Promenade offered retail below market value to get it filled and asked if they would do so. Mr. Simon pointed out this is a condition for receiving TIF. Mr. Brown and Attorney Miskel thought it was unfair. They are willing to offer retail. Mr. Simon explained if retail is not filled at the time of the TIF request to begin receiving TIF. Attorney Miskel asked what constituted filling retail as they had 8,575 square feet and multiple bays. The gym will be open immediately. Chair Grant noted they had four spaces, not including the gym and he would consider it filled if two out of the four spaces were filled. Attorney Misekl agreed to work with staff to see if there was something acceptable to come up. Mr. Brown noted one disadvantage was the Planning Department's request 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 for shallow retail. Chair Grant commented the space of retail does not make sense, Mr. Brown commented they could lease it to the CRA for community exhibits until the project was fully operational. Attorney Duhy received clarification about the table on the slides which indicates the GRA TIF/DIFA and rebate was the amount they would receive and the correlating column of rebate is the percentage and leamed it was the percentage the CRA would receive that tax year and the amount the developer would receive. Chair Grant asked if that was an estimate or what the property appraiser would do. Mr. Brown commented it was a conservative estimate. Chair Grant asked about public parking, noting Marina Village has paid public parking at certain times. He asked if there would be paid parking during events. Attorney Miskel explained it was up to the CRA or City, if they wanted a meter roll out. Mayor Grant asked when year one would begin and if it was when the Certificate of Occupancy was received or when the site plan is approved for year one. Mr. Brown explained year one was when they CRA receives a check from the County from the project. There is always a lag. If a Certificate of Occupancy is given in 2018, it is appraised in 2018 and on the tax bill in 2019 and the CRA receives a check in 2020. Mr. Simon explained evidence of that would be required before disbursing payment for that year. Mr. Katz commented Phase I and 11 is an issue and he did not know if there was a way to get more assurances regarding Phase 11 and a hotel. With regard to TIF, they need some assurances it will be pursued to ensure it is not a two or four year delay between the completion of the first phase is completed to the start of Phase 11. Attorney Miskel explained there was interest from two hotel developers and there were no other discussions with a residential developer for the condo. She noted here Delray has the Hyatt downtown, Boca Raton had a soft opening of another Hyatt in their downtown, so other cities are getting hotel site plans approved as did Lake Worth about three or four months ago. The market seems to be stronger today, contingent on availability of money and funding. Attorney Miskel's client is very interested in getting a hotel developer because they believe it is the right use for the site. It works well with Phase I and II. There has been an effort on her client's teams who have real estate experts and brokers who are confident. It was why they separated the incentive package into two packages. They think it is the right use. Chair Grant opened public comments. Linda Cross, 626 Casa Lomb Loma Boulevard, Marina Village, thought there was a discrepancy with the 50 public parking spaces for each Phase 11 totaling 100 spaces. Mr. Brown confirmed it was. She thought when looking at 231 units in Phase I and Phase 11 had about 118 units, the total was 349 units. She commented Marina Village has 349 units and they have over 700 spaces in the garage, 120 of which are devoted to the CRA and they are bursting at the seams. The concept millennials do not drive is untrue and they have more than one car. They have all the on -street parking available, but the Marina Village tenants have two cars, but only permitted one space. She 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 implored them do something about the parking. She noted Phase 1 had 413 parking spaces and she did not know how much parking was included in Phase 11, but adding 100 parking spaces to Phase I was 513, still 300 less than Marina Village has now. She thought there not enough parking and there is a significant parking problem. She also commented the TIF funds were money the CRA would have in the future to spend on other projects. She noted the Board could be giving away other projects for this project. She thought the amounts the developer wants for DIFA was to pay for items every developer has to install. She did not see the developer giving the CRA any more value for the amount of DIFA they are requesting. Harry Woodworth, 685 NE 15th Place, agreed with Ms. Cross about parking. He explained there is not enough parking and it will be a mess. He commented the TIF funds come from Sara Sims and other places and if the CRA provides $500,000 for the next 10 years, it was funds not spent somewhere else. The City has a terrible track record regarding TIF, citing Casa Costa, and all they were told that would happen did not happen. He commented the space will never be rented as 10 years went by and it still has not worked. He emphasized it does not work. The parking did not work at Casa Costa, Las Ventanas or Marina Village, nor did the retail and he questioned why the Hoard was repeating itself. He asserted the best real estate agents cannot rent un - rentable properties. He thought they should scale the TIF and add deliverables. He thought TIF should be proportionately paid based on the number of retail spaces rented. He explained if performance dollars and time defined in a project, the project does not get done. He inquired if Phase 11 included performance measurements, timeline or costs associated, because if not, the project will not get done. What is rewarded gets done. He urged the Board to determine what it wants because if they do not, the project will not happen. Buck Buchanan, 807 Ocean Inlet Drive, discussed a comment made by Mr. Brown which was cities are defined by streets, such as Atlantic Avenue, Delray Beach, Clematis Street, West Palm Beach, and Las Olas in Ft. Lauderdale. He commented Boynton Beach will be defined by Federal Highway, which was not a street. It is a highway that is big, difficult to cross and one reason why the Woman's Club does not get more action because there is parking across the street. He did not think Federal Highway would be the defining street as it is a defining gateway from the north and south, which should be beautiful because of that. He thought Boynton Beach Boulevard could be more of a defining street unless they made Federal Highway two lanes. He wanted the Board to take the TIF funds and invest it in parts of the City that will work better together. Lisa Browne Banic, 720 E. Ocean Avenue, Coastal Towers, commented she was a newly appointment member of the Recreation and Parks Advisory Board. She is a single mother and wanted to share her opinion on the project and other similar projects. She speaks on behalf of parents of young children. She hoped as the Board makes decisions they consider there are many families with young families who live in a one to two-mile radius of the project, who lives there because they want to be close to nature 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 or traffic, They do not want more traffic or storefronts or street destinations. They are in Boynton Beach not Delray or Ft. Lauderdale. They like the small neighborhood environment where children can enjoy the beach and park neighborhoods. She requested they consider who lives in the. City and why they moved to the City. Residents want what they already have. It needs to be safe. She did not want the Board to look at the opportunity for the wrong reasons because many citizens who want to be here and may not want to if the focus is on this type of development. Linda Cross, 65 Casa Loma, Unit 601, commented there was still a discrepancy with the parking spaces. Attorney Miskel commented the Phase I required parking is 413 spaces per Code which they meet. In Phase I they are adding an additional 50 parking spaces above the required amount. When they develop Phase 11, they have not developed the parking ratio because they do not have the exact square footage or number of units, but whatever it is, the additional parking required by the Code for that Phase could be another 360 parking spaces. When developing Phase 11, they will do what is required for Phase II and add another 50 spaces. It is speculative at this point. They will meet the requirement and add additional parking. As to the 100 total public parking spaces, there is an additional benefit for the City. Some smaller retailers will have the opportunity to have customers use the parking. It enables patrons from surrounding establishments to take advantage of the parking. Ms. Romelus asked about the proposed site plan for Phase 11, noting the required parking was 413 and with 50 additional, would total 438. Attorney Miskel explained it was a Scrivenor's error as there were several changes to the site plan. There will be 413 total parking spaces and there were a number of changes, i.e. retail space on Federal Highway so they are making adjustments, but they will have 463 for Phase I. No one else corning forward, Public Comments was closed. Mr. Casello agreed with Mr. Woodworth they can install shells which are almost impossible to rent. He noted Ms. Cross' statement about Marina Village, if they could park on the upper floor, it would alleviate parking issues. Ms. Cross had commented that was TIF money and money they do not have for other projects. Mr. Casello pointed the only way money will be generated is by the project coming to fruition. He noted the Board was trying to improve a blighted area. If they do not permit the project, it was $500,000 or $600,000 of funds they do not have to complete some of the projects. Chair Grant looked at the Property Appraisers website, and indicated 10 years ago it was grossing over $130 million, but the project could be left vacant indefinitely. He agreed some of the improvements were normal developer costs including City impact fees and building permits, but Chair Grant commented, if they needed more money for more parking, the Board could probably all agree because they had 80,000 people attend Pirate Fest, and this is future tax money for the CRA. He thought the Board wanted the hotel there, they should get something in writing and what the CRA can help for that aspect. He was aware the project was in a Traffic Concurrency Exception Area 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 (TCEA) and Level I and II studies for traffic were needed. The two issues were more parking and ensure a hotel is on the property without leaving it open to the market forces. Vice Chair McCray wanted local contractors or people working on the project. Attorney Miskel explained they could work that into the project and most projects included it. Chair Grant explained workforce housing was one reason to get TIF. Attorney Miskel advised they will look into it as she was unsure how off the mark they are from that number. Mr. Katz asked about the cost for an additional parking level and learned it was about $400,000 with 55 spots. He thought it would be better to get an additional 50 it would be beneficial for the CRA to get the maximum amount of parking. Delray built a parking garage, which is sometimes full as is the courthouse parking. He wanted to keep Boynton Beach a family -friendly town, but noted the area was the Central Business District. Mr. Simon explained this is not an approving body of a site plan. Staff wanted general consensus that the project meets the intent of the CRA plan and the intent of the project they specified in their letter of intent to purchase or use the property the CRA owns. The requirement of the site plan is they hear it at a City Commission meeting and a Development Board meeting. It is not in the purview of this Board authority, only that it meets the intent of the request for the property or their desire to dispose of the property for it. The item for TIF was looking for direction of the Board if the TIF request presented is something the Board is in favor of, or not in favor of to be included in an agreement between the parties. The Board was directing staff and legal to leave the meeting either preparing a TIF document or come before the Board to approve or reject the request. Attorney Tuhy explained the motion is for staff to move forward negotiating and bringing back a purchase and development agreement to the Board and Mr. Simon needs a general consensus that the proposal, not the site plan specific for the property, is something the Board wants negotiated in the purchase agreement. The second motion was to negotiate a DIFA agreement for the TIF requested by the developer based on direction from the Board. Motion Vice Chair McCray moved to negotiate a purchase and sale agreement. Mr. Casello seconded the motion. The garage would be seven stories. Mr. Katz commented he would like to see the hotel be pursued post haste, but in the interest of alleviating parking concerns he would support the motions if the developer could include two additional floors of public parking. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 Attorney Miskel requested clarification if it was one floor per each phase and learned the request was for the initial phase. The building is eight stories, if adding two floors than parking would exceed the height of the main building. Mr. Katz then requested one additional floor per phase at a cost to the developer for TIF. Attorney Miskel explained they were going to consider other alternatives such as mechanical lifts that are being used in other cities. Mr. Katz commented parking was a serious concern and it would deter people from coming to downtown events with regard to taxpayer funds being used for the project. Attorney Miskel thought they may be able to accomplish things, but not necessarily with a floor, such as valet parking and stack cars on the upper deck and double the number of cars stored on the upper level through the valet or commercial purposes. There are other opportunities to free up parking without the expense. They designed their request based on the project costs and the extra parking is about an extra million. She thought they could be creative with staff and include other avenues to include more public parking spaces on the ground levels because the public does not want to go up seven levels to park. They may be able to phrase it as parking spaces as opposed to a parking level to give them an opportunity to create more spaces in a way they can be used and create more public parking on the first level. Ms. Romelus noted each floor on average has about 55 parking spaces, asked how they can add more. Attorney Miskel explained they were standard 10' by 20' parking spaces with a drive aisle. Attorney Miskel was discussing creating a valet program for the commercial and stack cars. She noted a project in Delray Beach and advised they were instituting that parking on the upper level and a half of the parking structure and they added another 100 spaces and valet parking is popular for commercial businesses. Attorney Duhy explained if the Board wants the agreement to have additional parking, it will come back to the Board for approval. The Board can authorize staff to move forward with direction for the developer to propose additional parking solutions beyond what they presented today. Chair Grant commented the motion should be to enter negotiations for TIF and staff to consider the Board comments regarding parking, workforce housing, filling of retail, the Community Benefits Agreements, and the hotel. Motion Vice Chair McCray moved to approve, including the six items. Mr. Katz seconded the motion. Mr. Simon queried it the Board was tying the agreement to two phases or if the Board was considering them individually. The agreement would potentially cover both phases of the project under the same agreement. Chair Grant commented the Board can limit it 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 to the hotel and not necessarily residential. Mr. Simon explained the proposal essentially changes dramatically, if it is just the TIF on the hotel. The payout is tied to the hotel, The motion unanimously passed. XIV. New Business: A. Discussion and Direction for the Potential Acquisition of 416 E. MLK, Jr. Blvd Tabled 1119/16 for 90 days Motion Vice Chair McCray moved to remove from the table. Ms. Romelus seconded the motion that unanimously passed. Motion Vice Chair McCray moved to direct staff to no longer have a discussion on the above. Mr. Katz seconded the motion that unanimously passed. B. Discussion and Direction for Purchasing the Property Located at 1110 N. Federal Highway Mr. Simon identified the property and advised it is a 1,700 square foot building on ,14 acres of land. It is two buildings north of the intersection at Federal Highway and MLK Jr. Boulevard on the east side of Federal Highway as contained in the meeting materials. The owner has agreed to sell the property at the appraised value of $170,000. The CRA has been looking at this property for some time and it is currently not rentable. There is very limited parking at the site, the building needs to be painted and there is clean-up and landscaping needs. Staff can bring back options to keep the building standing or with new code enforcement directives and social media, maybe the CRA can activate the space as a meeting space with businesses or the public as an option. Chair Grant thought the size of the building would be appropriate for the Community Caring Center or even for the CRA to move into. He requested a motion to move forward to purchase the property. Motion Mr. Katz moved to approve. Ms. Romelus seconded the motion. The motion passed 4- 1, (Mr. Casello dissenting.} Ms. Romelus explained Mr. Simon was working with Attorney Duhy on processes so the CRA was not forthcoming about properties they are intending to acquire in order to the keep the price down. Mr. Simon asked if the motion included a request to bring the 21 BOYN N C l iiiiiiiiiiiiiiiiIBETAOCH IRA m� CRA ADVISORY BOARD MEETING OF: January 10, 2017 i Consent Agenda I X I Old Business I J New Business I I L l I j Information only AGENDA ITEM: )(111.E. SUBJECT: Presentation of Site Plan and Request for Funding Incentive for the CRA owned property located at 222 N. Federal Highway. SUMMARY: On March 8, 2016 the CRA Board received a Letter of Intent from the adjacent property owner, Ocean One Boynton, LLC, to purchase the CRA owned property located at 222 N. Federal Highway for purposes of redevelopment (see Attachment 1). At their March 8, 2016 meeting, the CRA Board approved the issuance of a Notice of Intent to Dispose of Property as required under Florida Statute. Although there have been ongoing negotiations between the CRA and Ocean One, LLC, the terms of a Purchase and Development Agreement have not been finalized for presentation to the CRA Board. The proposed project utilizing the CRA owned parcel is described as an 8-5tory, 231 residential mixed use building with 8,575 square feet of leasable commercial space. The remaining portion of the development site will act as Phase I I of the overall project with an estimated 118 residential apartments along with a 100 plus room hotel. On November 7, 2016, Ocean One Boynton, LLC, submitted a request to the CRA Board for financial incentives in order to make the proposed project viable which was later retracted to make necessary revisions before making a final presentation to the CRA Board. Since then, CRA staff and legal counsel have been actively working with the Ocean One development team to finalize the terms of the Purchase $ Development Agreement, terms of a proposed tax Increment revenue (TIR) funding request and agreement. As of the date of agenda preparation, a submission had not yet been received from the Ocean One Development team to be included In the Board's agenda back up documentation. FISCAL IMPACT: To be determined CRA PLAN, PROGRAM OR PROJECT: 2016 CRA Redevelopment Plan Update Downtown District area and the Downtown Vision and Master Plan CRAAB RECOMMENDATION: None CRA BOARD MOTION/OPTIONS: To be determined F Michael Simon, Interim Executive Director ATTACHMENT I BoyTo MB CCRA CRA BOARD MEETING OR Manch a, 2a1a AGENDA ITEM: xiv.I= SUBJECT: Consideration of Letter of Intent from 0cean One Boynton, LLC for CRA -Owned Property Located at 222 M. Federal Highwary SUMMARY: The CRA pcudnew the pmwV located at 222 N. Federal F99hway In 2002. At the time of the purdse the propsrgr was a mote!. The purpose of the puin*"M was to extend Baynton Beach Blvd. east to allow for tate development of Marfrsw village and to create a public walkway to the Intracoastal. The purchase price In 2002 was $900,000. In October 2016 Mr. VVIlllam Morris who represents Mr. Davis C.,amalier the owner of the property aclacent to the CRA's property, began discussing with CRA MN the potential of developing a project an a portion of Mr. Canraliens' property and all of the CRA's property. In preparation for the request for the CRA property by Mr. Camalier fbr use In the project, CRA staff ordered a new appirelsal on the CRA property (Sae Attachment 1}. On January 11, 2016, ft appraisal wars forwarded to Me. Miskel and Mr. Monis in order to obtain a Letter of Intent from Mr. Camalier to siert the process of negoftna a Purchase art Development Agreement (See Attachment 2j. A aloe plan and land use change application was filed with the City on Thursday, Manch 3, 20% The site plan Includes the CRA property adjacent to the Ocean One property. However, Ocean One did not provide a Letter of Intent to the CRA as nsquestsd on January 11. 2016 which would have car'nplebad the process to dispose of the progeny In time for the site plan and zoning appltcatlon. The Letter of Intent was recohod today (Sae Attachment 3). Ooean One Is asking for the CRA property at no cost The property was reappraised In Dumber 2045. The value was determined to be ,000. The property has a land use of Mlwd-Use Cone and b.45 acre In ohs. The proposed site plan for the Cam One project In adachad for the Board's rmdew (See Attachment 4). The site plan and zoning application cannot be processed at this time as the CRA cannot sign oft as owner until the statutory property disposal process has been completed. The nerd step If the Letter of Intent is accepted by the Board Mt to luaus and publish a Notice of Intent to Dispose of heal Property. Thin days must elapse after the publication of the Notice. After the Oft day period hers elapsed the item must go on the Clay Commission agenda since the property Is being pied to be disposed at below motet value. The next Commleston meeting after this thirly day period is over Is April 19, 2010. The nod step Is to draft a Purchase and Development Agreement In collaboration with the Ocean One . This will go on the May 10, 2010 CRA agenda. FISCAL IM PACT: The LIRA prvpwV le appraised at $480,000. W. Cramaliw of Voftf1 One Qoynton, LLC is requesting the property at no cost CRA PLAN, PROGRAM OR PROJECT: Downtown vieion and Master Plan MAMMAS, C0NSW AWN & w1ONTliLY RM"1 aWoMI& d ApoWn Item Farm by rldaW%JCM BaeWy Mia - 2010 Smd MedradMorch WeCoeen One LOi.demc RECOMMENDATIONS: Staff byefl m that transferring this pmperty to Ocean One for the proposed projed is a goad use of the lead. Therefore, staff supports appmviag soo Mmanom of the Left of MOM -7zfl� VAftn L. Brooks Bmc dve Dimaw T ENNT��' MONTHLY R�pbW� bm Raqu et dooms by Mke ► &WnWY 2018 - rgs im oh 201UDOW Ole LojAkXx ATTACH ill ENT 1 AN APPRAISAL OF THE AB -ACRE VACANT COMMERCIAL PROPERTY LOCATED AT 22Z NORTH FEDERAL HIGHWAY IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA FILE NUMBER 15-74023 PREPARED FOR BOYNTON BEACH CRA AS OF DECEMBER 30, 2015 BY STEPHEN D. SHAW, MAI CALLAWAY & PRICE, INC. NOR. W-0 1Wltie: 1410 Puklane Sou ft Sun@ 1 JapftmFL UM 661. 6.1333 i 561.686JM Felt MMW IL Shft IM4 SRA, CRE cWtSW IrI IS S WOM a Shaw. Mill cndav 1rt1192 RolatkCarisw�,iiRl6 CaWt6ien R�46t M04WO.Uw TRmtlSuilitO0d1liT IBM South 73W' Sttaey Suha I Fort Pow FL MW 77&4GU 6p7 J 772461MW Fax 5MM rnMMO q40= G. NdLJr, MAI ce dGUR2MM Jllm- COWMALPLORM 1616 L Robinson Street 060406F1, 3? Phone t321)7264M Curtlt L PhWp6, MA1 [t:W WRilrIRS d+oqWa 4—n SPAM 1140 Avenue SWA 3 h1dWWftFL3ZW PLone {321p7,6�70 F.ac C32'fJ726-0IB4 Gurth L PhlfNpt, AM Celt Gen R27t16s CWCPMk= CallawiApprPrice, Inc. Real Estate alaorm And Ccrnsulkants www.callnwayandprlce cum Ucowised FInal Eetake ®rake n Phan mq=d 301h* SoW1h P10tido dike rri" k edr q"Ob mm January 5, 2016 Theresa Utterback Development Services Specialist Boynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 Dear Ms. Utterback: We have made an Investigation and analysis of the .48 -acre vacant commercial property located at 222 North Federal Highway In the City of Boynton Beach, Palm Beach County, Florida. The Subject Property wfll be further described loth narratively and legally within the following Appraisal Report. The purpose of this Investigation and analysis was to provide our opinion of the Market Value of the Fee Simple Estate of the Subject Property as of December 30, 2015. This report has been prepared for our client and Intended user, Boynton Beach CRA. The Intended use Is to assist the client for Internal decision making. The scope of work performed is specific to the needs of the Intended user and the Intended use. No other use Is Intended, and the scope of work may not be appropriate for other uses. Based upon the scope of the assignment, our Investigation and analysis of the Information contained within this report, as well as our general knowledge of real estate valuation procedures and market conditions, It is our opinlon that: The Market Value of the Fee Simple Estate of the Subject Property as of December 30, 2015 was: *460.000 Theresa Utterback Development Services Specla list Boynton Beach CRA January 5, 2016 Page Two A description of the property appraised, together with an explanation of the valuation procedures utilized, Is contained in the body of the attached report. For your convenience, an Executive Summary follows this letter. Your attention Is directed to the Limiting CondlUans and underlying assumptions upon which the value conclusion is contingent. Respectfully submitted, CALLAWAY & PRICE, INC. Stephen D. Shaw, MAI Cert Gen RZ1192 Joe M. Merritt, Associate Appraiser Cert Gen RZ572 SDS/JMM/15-7402$ Attachments EVWLWV* Sul me'ry PROPERTY TYPE : Vacant Commercial Land. LOCATION : The Subject Properly is located on the southeast corner of North Federal Highway and East Boynton Beach Boulevard In the City of Boynton Beach, Palm Beach County, Florida. The property address Is 222 North Federal Highway, Boynton Beach, FL 33435. DACE OF VALUATION : December 30, 2015, DATE OF REPORT : January 5, 2016. PROPERTY DESCRIPTION: LAND 20,999 square feet or .+48 acres. IMPROVEMENTS : The Subject Properly Is currently vacant, cleaned, and landscaped with grass. The north and west boundaries are landscaped with trees and shrubs, There are no building Improvements. ZONING : CBD, Central Business District, by the City of Boynton Beach. LAND USE PLAN : MXC, Mixed Use Core, by the City of Boynton Beach. HIGHEST AND BEST USE Future commercial development, MARKET VALUE OF THE FEE SIMPLE ESTATE OF THE SUBJECT PROPERTY AS OF DECEMBER 30, 2015 : $480,000 Tab% of contents paqe No. CERTIFICA* T1ON.....uau...•...uY•In..................•.......u•i.I..u..u.•... e. Y:...,ar.. uY..Y.. u.. I LIMITINGCONDITIONS..............................................i.,..I.,........................ •... 3 DEFINITION OF THE APPRAISAL PROBLEM ..................... 9 Purpose, Date of Value, and Interest Appraised ......• ....................................... 9 Intended Use and User of Appraisal ........................ ..... .......i,,,,,,. . 9 MarketValue............................•..............................,••. I...J. N.....•..N.u..J a. 9 LegalDescription.....................r....................I.....................................r...1►10 FeeSimple Estate...........................................................a........a,..... 11 Hypothetical Condition..a.a................................It..L..Y.ur.Y YY YY..a.u....1.Y...y..., 11 Extraordinary y. Assumptions....................................,.................................... 11 Exposure Time.............u•...............,...........uu..•........................................ 12 Marketinglime........................................................................... 12 ........... SCOPE OF WORK............................................................... ................. .13 NEIGHBORHOOD DATA........................................................................ �.. 14 PROPERTYDATA.......................................................................................... y17 Location ........................................au.Y..........a...................ut.....•....•.......... 1 Zoning.............................................................. u,....... •................. ru . 17 Land -Ilse Plan......................................................................................... 17 Site Size, Shape and Access....................................................................... 18 Concurrency and Deed Restrictions ....,.,1.....w•..L...t.q.... .. a......Y.Y..a.u....r...ua.... ^�8 Concurrency.............. Y.... a ................................................... • ......... a • ...... • ... 18 Utilities..............................YY.Y........Y...................... u•................................ 19 Topography..a.....................................u•...........•.....•.......•..........uu........... 719 CensusTract Y......................a........•.............•.................•....•.................n 19 FloodHazard Zone ►...•.................,.Y...•.............•.................•............•.......... 20 AssessedValve and Taxes.......................................................................... 20 PropertyHistory ........................................................................................ 20 Improvements.............................................................I ............................ 20 HIGHEST AND BEST USE.............................................................................. 21 Conclusion.........................a.........Y...a.a..•...,,.................................,.....a.... 21 LANDVALUE ANALYSIS....r...........................................•............................... 23 Discusslonof Vacant Land Sales .............................................................. 24 Conclusion Land -Value Analysis........................................................... 3 ADDENDA Engagement Leiter Quallftcations: Stephen D. Shaw, MAI ]oe M. Merritt, Associate Appraiser C ERTZEIC/4TION We certify that, to the best of our knowledge and belief. 1. The statements of fact contained In this report are true and correct, 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective Interest In the property that is the subject of this report, and we have no personal Interest or blas with respect to the parties Involved. 4. We have performed services, as an appraiser regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. We previously appraised the Subject Property as of February 25, 2013, our report number 13-68702. S. We have no bias with respect to the property that Is the subject of this report or to the parties Involved with this assignment. 6. Our engagement In this assignment was not contingent upon developing or reporting predetermined results. 3. Our compensation for completing this assignment Is not contingent upon the development or reporting of a predetermined value or direction In value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the Intended use of this appraisal. B. The analyses, opinions, and conclusion were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) and The interagency Appraisal and Evaluation Guidelines, December 10, 2010. 9. Stephen D. Shaw, MAI and Joe M. Merritt have made a personal inspection of the property that is the subject of this report. 10. No one provided significant real property appraisal assistance to the persons signing this certification. 11. The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. C*rtHW*Vvnr.7 12. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. 1$. The reported analyses, opinions and conclusions were developed, and this report was prepared, In conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 14. The use of this report Is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 15. As of the date of this report, Stephen D. Shaw, MAI has completed the continuing education program f'or Designated Members of the Appraisal institute. Stephen D. Shaw, MAI Cert Gen RZ.1192 r4w Joe M. Merritt, Associate Appraiser Cert Gen RZ572 2 LIMIlING CONDMQam Ns 1. Unless otherwise stated, the value appearing in this appraisal represents the opinion of the Market Value or the Value Defined A5 OF THE DATE SPECIFIED. Market Value of real estate is affected by stational and Izcal economic conditions and consequently will vary with future changes in such conditions. The value estimated In this appraisal report is gross, without consideration given to any encumbrance, restriction or question of title, unless specifically defined. This appraisal report covers only the property described and any values or rates utilized are not to be construed as applicable to any other property, however similar the properties might be. 4. It Is assumed that the tine to the premises Is good; that the legal description is correct; that the Improvements are entirely and correctly located on the property described and that there are no encroachments on this property, but no Investigation or survey has been made. S. This appraisal expresses our opinion, and employment to make this appraisal was In no way contingent upon the reporting of predetermined value or Conclusion. G. No responsibility is assumed for matters legal In nature, nor Is any opinion of title rendered. In the performance of our investigation and analysis leading to the conclusions reached herein, the statements of others were relied on. No liability Is assumed for the correctness of these statements. 7. Neither all nor any part of the contents of this report (especially any conclusions, the Identity of the appraiser or the firm with which he Is connected, or any reference to the Appraisal institute or any of its designations) shall be disseminated to the public through advertising medla, public relations media, news media, sales media or any other public means of communication without our prior written consent and approval. S. It Is assumed that there are no hidden or unapparent condltions of the property, subsoil, or structures which would render it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these factors. 3 Limit aggnditions 9. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation stachybotrys chartarum (mold), asbestos, polychlorinated biphenyls, petroleum leakage, "Chinese drywall", or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, was not called to the attention of, nor did the appraiser became aware of such during the appraiser's Inspection. The appraiser has no knowledge of the existence of such materials on or in the Property unless otherwise stated. The appraiser, however, Is not qualified to test for such substances or conditions. If the presence of such substarx es, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditlons, may affect the value of the property, the value estimated Is predicated on the assumption that there is no such proximity thereto that would cause a loss in value. We are unaware of very wet conditions that may have existed for days or weeks which are required to grow mold. No responsibility is assumed fbr any such conditions, nor for any expertise or engineering knowledge required to discover them. 10. The Americans with Disabilities Act ("ADA") became effiective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not It Is In conftrmity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property Is not in compilance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this Issue, possible noncompliance with the requirements of ADA in estimating the value of the Property has not been considered. 11. Our opinion of value was based on the assumption of competent marketing and management regarding the Subject Property. If there is no competent marketing and management, then the value contained herein may not apply. 4 Subject P►wtvs ML AERUL VIEWS of THE sL?wwT PRoP'ury 5 R SUbjecat Photos wUKINU 5UUTHEASTATTHE SUBJPCr PROPERTY FROM EAST BOYNTON BEACH BOULEVARD AND NORTH FEDERAL HIGFEWAY LOOKING NOKrH AT THE 5UB]ECr PROPERTY FROM NORTH FEDERAL HIGHWAY :..�� Strftf®ct Photos LUUKING SOUTHEAST FROM TriF NORTHWE51 CORNER OF THE SUBJECT PACIPER-ry LOOKING NORTHEAST FROM THE SOUTHWEST CORNER OF THE SUBlEa PROPLRW 7 t6 B ibja:t Photos FAN LOOMING WEST AT THE SUM3]ECT PROPERTY FROM NE a COURT AND EAST BOYNTON BEACH BOULEVARD LOOKING WIFTr AT THE SUBIECT PROPERTY FROM NE 67" COURT a DeffnAllorr of the AlMmfeei Problem The purpose of this Investigation and analysis was to provide our opinion of the Market Value of the Fee Simple Estate of the Subject Property as of December 30, 2015. This report has been prepared for our client and intended user, Boynton Beach CRA, The intended use is to assist the client For Internal decision making. The scope of work performed Is specific to the needs of the Intended user and the intended use. No other use Is Intended, and the scope of work may not be appropriate for other uses. "As defined In the Agencies' appraisal regulations, the most probable price which a property should bring In a compe#Iltive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price Is not affected by undue stimulus. Implicit In this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. Buyer and seller are typically motivated; b. Both parties are well Informed or well advised, and acting in what they consider their own best Interests; c. A reasonable time Is allowed for exposure in the open market; d. Payment Is made in terms of cash In U.S. dollars or In terms of financial arrangements comparable thereto; and e. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Source: The Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2D10, pgs. 61-62. 9 Definfifon of the AppraAal Problan ClUJIlilA�i� UMMM smMMM or F Aw• 10 11R MW DDOMPTM am MM won WAMWV OM WM OMM J6 too 0 ON'M own am 04 a or MoMa or rM ��ilaE SM So M Of o� Lr "Ml" -fty Pr 6 80 NM 4WROM MU V OM1 MM AQ Ct" AWW4 "GO OW OF "S M,6 ally IMI M& a OWlaaalaiAMY INOWO A to A Pamir CO TW &W Wl pig W {RIL or an no M I W? COM KWM A1 ORS �A.OM mar D 4 aM " W of JM J 44 DIM= 3"MW Am a MW OWOM W ars* Ey L7, Folio Number 018-43-45-27-02-000-0010. Source: Survey dated 10/12/09 prepared by Richard L. Shephard and Associates drawing number M92-11-061. i0 De17nNon of the Appraisal Problem Fee Simale F at_ The - PJctlona of Real --Estate Appralsdi, Sixth Edition 2015, by the Appraisal Institute, defines Fee Simple Estate on page go as follows: "Absolute ownership unencumbered by any other Interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.* Sixth Edition 2015, by the Appraisal Institute, defines Hypothetical Conditions on page 113 as follows: 1. '`A Condition that Is presumed to be true when It is known to be false." 2. "A condition, directly related to a specific assignment, which Is contrary to what Is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis." "Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the Integrity of data used in an analysis." There were no Hypothetical Conditions in the valuation of the Subject Property. Sixth Edition 2015, by the Appralsal Institute, defines Extraordinary Assumptions on page 83 as follows: "An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which if found to be false, could alter the appraiser's opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal or economic characteristics of the Subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of date used In an analysis," There were no Extraordinary Assumptions In the valuation of the Subject Propenyl. 11 DefynWan of Un Apprakal Problem Exposure Time The D1 lona ofHeal Es��, Sixth Edition 2015, by tete Appraisal Institute, defines Exposure Time an page 83 as follows: 1, "The time a property remains on the market." 2. `The estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical k+onsummation of a sale at market value on the effective date of the appraisal. Exposure time is a retrospective opinlon based on an analysis Of past events assuming a competitive and open market." There Is a requirement under Standard Two to report exposure time wording to the latest USPAP publication. "Exposure Time" is different for various types of property under different market conditions. We have reviewed the exposure time on the sales contained In the Sales Comparison Approach In this appraisal, as well as other sales and current listings In the market. Based on that data and the current market,, It is our opinion that the Subject Property would have had an exposure time of approximately 12 months or less. Mad=lna lime Sixth Edition 2015, by the Appraisal Institute, defines Marketing Time on page 140 as Follows: "An opinion of the amount of time It might take to sell a real or personal property Interest at the concluded market value level during the period Immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal." "Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No, 51 "Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions" address the determination of reasonable exposure and marketing time," As in most markets, properties that are priced competitively and marketed professionally will sell before others which are not. We have reviewed the marketing time on the sales used the Sales Comparison Approach of this appraisal, as well as other sales within our database and current listings In the market. Based an these indications, It Is our opinion that the Subject should have a marketing time of up to 12 months. 12 Swpr. Of Wor;; According to the 14th Edition of IbM ftftsal of HUI Eote, page 38, "Scope of work encompasses all aspects of the valuation process, Including which approaches to value will be used; how much data is to be gathered, from what sources, from which geographic area, and over what time period; the extent of the data verification process; and the extent of property inspection, if any. The scope of work decision is appropriate when it allows the appraiser to arrive at credible assignment results and Is consistent with the expectations of similar clients and the work dhat would be performed by the appraiser's peers In a similar situation." The first step in the appraisal process Involved defining the appraisal problem which Included the purpose and date of value, determining the interest being appralsed, intended use and user of the appraisal, and identifying the real estate (legal descrlption). This step also determined if the appraisal were subject to any extraordinary assumptions or hypothetical conditions. The next step Involved inspections of the Subject Property in December 2015 by Stephen D. Shaw, MAI and ?oe M. Merritt. The inspections allowed us to understand the physical components of the Subject Property. In addition to the inspections of the Subject Property, we also began the data -collection process and, subsequently, an analysts of the factors that affect the market value of the Subject Property, Including a market area analysis, neighborhood analysis, and property data analysis. We gathered and reviewed Information from the Palm Beach County Property Appraiser's 0171ce, the City of Boynton Beach Planning and Zoning Departments, our Client, and the with brokers and other market participants to understand and describe the Subject Property and Its surroundings. The third step In the process was to determine the Highest and Int Use of the Subject Property. Through the Highest and Best Use analysis, we determined the Issues that have ars effect on the final opinion of value. To determine the Highest and Best Use, we relied on Information obtained from the data -collection process. The fourth step was the application of the appropriate approaches for the valuation. Iva approaches were -spedMully ornli ted from this appraisal either by the client or the appmiser. The Subject Property consftts of a .40 -acre parcel of vacant land. The most reliable way to estimate land value 1s by the Sales Comparison Approach. Since only one approach to value was used, no reconciiration is needed. 13 AkObbonhood Dehio The relationship of the Subject Property with surrounding properties forms the basis of neighborhood analysis, Be ApRraisal of pMI gliW& 14th Edition on page 165 states: '"The boundaries of market areas, neighborhoods, and districts Identify the areas that Influence a subject property's value. These boundaries may coincide with observable changes in land use or demographic characteristics. Physical features such as structure types, street patterns, terrain, vegetation, and lot sizes help to Identify land use districts. Transportation arteries (highways, major streets, and railroads), bodies of water (rivers, lakes, and streams), and changing elevation (hills, mountains, cliffs, and valleys) can also be signfflcant boundaries." �M� li � *Rwlrrlus s Oi a w � ■ � �~ i t'1 46 k's)# *i .P r+a .awAl 1 prr P"wti.►r r 7 R }■3 spr stsc'xN+n '"- smnev ww�e1+ MfoK. Mr/w df ;- "!>Myr'M Picea, r !m tires I E aewre dI •.egpp ytiwss � @ ,. W"6ti j � , ■rte The Subject neighborhood Is considered to lndude the eastern portion of the City of Boynton Beach bounded on the north by the Boynton Canal (C-16), on the south by Woolbright Road (SW 15' Avenue), the east by the Intracoastal Waterway and on the west by interstate 9S. The primary north/south trafliC arterles through the neighborhood Include Federal Highway (U.S. Highway 1), 5eaarest Boulevard and interstate 95. inters95, located approxlmebely one mile west of the Subject Property, is the prindpal north/south commuter route along the east coast of Florida. U.S. Highway 1, Commonly known as Federal Highway In southern Palm Beach County, also spans the length of Florlda's East t=oast. Seacrest Boulevard, which extends through the center of the neighborhood, Is a 4-1aned Intercity connector joining Boynton Beach with Hypoluxo to the north and Delray Beach to the south. 14 lVa6 hborhood Date The nrjor east/west traffic arteries In the neighborhood are Boynton Beach Boulevard (State Road 804) and Woolbright Road. Both of these thoroughfares have Interchanges with Interstate 95. Boynton Beach Boulevard extends westerly to U.S. Highway 44i (State Road 7) and provides access to Florida's Turnpike. Boynton Beach Boulevard effectively ends at North Federal Highway. Ocean Avenue, which is located two blocks south or Boynton Beach Boulevard, Is Boynton's Main Street. The Ocean Avenue Intracoastal Waterway Bridge was recently renovated and provides convenient access to the Town of Ocean Ridge and State Road A -1-A. Woolbrlght: Road also has a modern bridge that also provides access to State Road A -1-A and area bead. Boynton Beads has histoorically been considered a retirement oriented community. However, the city has grown rapidly over the past several years and the average age of the population has decreased. The Subject neighborhood is nearly 1.009 built out and has a mbmd housing composition, consisting of older single family (same built as early as the 1920'x) and mutafamily. Commercial development is concentrated along the major thoroughfiares previously discussed and consists of a mbdure of commemlal, retail, restaurant and office buildings. The majority of the commercial type properties within the Subject's immediate area ara retail In nature, Uke its sister cities of Delray Beach, West Palm Beach and lake Worth, officials of Boynton Beach have realized that downtown Boynton Beach could be a major asset to the city In general and a redevelopment effort Is underway. All of the above citles have had government led redevelopment of their respective downtowns. As a result, property values Increased In these areas. Boynton Beach seeks to mirror this suoc in their city. The City of Boynton Beach started its redevelopment plan of the downtown area with the Promenade Parke and the Marina Village Mbced use project. These projects include a marina with boat slips, condominium apartments, street -level commercial and retail shops, a parking garage and boardwalks through the mangroves to the Intracoastal Waterway. Marina Village was completed In 2006 during the peak of the rising real estate market. The project sold out quickly with many units being purchased by investaors. However, the real estate market collapsed shortly thereafter resulting in numerous foreclosures and a large Inventory of units with no demand. Another large-scale mixed use project called Casa Costa was completed in 2009 at the northeast comer of Fast Boynton Beach Boulevard and North Federal Highway. This project added an additional 393 condominium apartment units and street -level retail space to the area at the Collapse of the veal estate market. i5 Neighborhood Data Constuctlon vacantly began on a new mixed use project called 500 Ocean located on the southwest comer of Federal Highway and ocean Avenue. T'nis project will Include 341 luxury rental apartments, 13,300 square feet of retail, 6,600 square feet of office space and a 664-spa0e integraW parldng garage. Completion Is anticipated to be Fall of 2016. The City of Boynton Beach redevelopment agency's board agreed to fund $4.4 million over a 10 -year period after the project is completed, using taxes gated by the project. The Clty of Boynton Beach and the surrounding area enjoy good community services. Bethesda Memorial Hospital Is located on Seacrest Boulevard. Other medical facilities and nursing homes are within a short distance. There are currently 18 churches representing all major denominations within the city limbo. The Subject aelghborhood has excellent access to public elementary, junior high, and high schools In Boynton Beach, as well as a variety of private and church supported schools In the area. All municipal services, Including police and fire protection, public library facilities, garbage and trash collection, are available to most properties within the Subject neighborhood from either the City of Boynton Beach or Palm Beach County. ConcluslQD Overall the Subject Neighborhood should see extensive redevelopment In the futum. Two large mixed-use projects were completed at the peak and/or after the collapse of the real estate market. As a result, there was a signlfkant oversupply of available residential units and retail space. The real estate market has Improved and the market activity for redevelopment properties in the neighborhood Is Increasing. We expect this trend to continue and that redevelopment will rime as the real estate market Improves and the supply of available residential units and retall space diminishes, 16 wA RIMPERU DATA. The SubJect Property is located on the southeast comet of North Federal Highway (U.S. Highway 1) and Boynton Beach Boulevard in the City of Boynton Beach, Palm Beach County, Florida, The property address is 222 North Federal Highway, Boynton Beach, FL 33435. The Subdect Property Is zoned CBD, Central Business District, by the City of Boynton Beach. The purpose of the CBD zoning district is to Implement the mbmd use (MX) and mixed use core (MX -C) future land use map (FLUM) classification of the Comprehensive Plan. The Intent of this conventional district Is to provide a highly visible community focal point Integrating office, retail, and residential uses concentrated In the historic downtown and marine district. In addition, this district is considered the predecessor to the urban mixed use zoning districts, particularly, the mixed use -high Intensity district. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian acgvity, provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. Setbacks are zero feed on the fhant and Interior side, 20 feet to the rear and S feet on the corner, The Subject Property is designated MxC, Mixed Use Gore, by the City of Boynton Beach, which Is consistent with the current zoning. 17 _ . i i M Yy A.t 15s 'OM.r : i = AIR" �iYM S 16RY �yM� }'�YAs j FX.N 4M i Y�W.r a thf. i W.r� it O11a. iC�►.r asm+w ira. r M WMAO 0 y, �1d.v.4NCsf w �.nwaim fWO FA p • p Ar w.W -'« jy •q..M N � lM.r tA.rA Yrrilr P � f+FC � 1 �1�La i Y RLUr?�•• a �•'++.M� if ii � � ! xws. � 11rr�. rosin, i C d •'1w4 IW" YY Yf�Ir MUM dfY.Ma P p yyy� Eft py.M SW."M e JKr� L YNH Zoning The Subdect Property Is zoned CBD, Central Business District, by the City of Boynton Beach. The purpose of the CBD zoning district is to Implement the mbmd use (MX) and mixed use core (MX -C) future land use map (FLUM) classification of the Comprehensive Plan. The Intent of this conventional district Is to provide a highly visible community focal point Integrating office, retail, and residential uses concentrated In the historic downtown and marine district. In addition, this district is considered the predecessor to the urban mixed use zoning districts, particularly, the mixed use -high Intensity district. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian acgvity, provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. Setbacks are zero feed on the fhant and Interior side, 20 feet to the rear and S feet on the corner, The Subject Property is designated MxC, Mixed Use Gore, by the City of Boynton Beach, which Is consistent with the current zoning. 17 ptaf�vax#y Doty ,Site Size, Sbnf. and The Subject property has an irregular shape and contains 24,999 square feet or .48 acme. The site has Frontage on and exposure to North Federal Highway, Boynton Beach Boulevard and N.B. 6th Court. However, due to the small size, narrow shape and proximity to a signalized major Intersection, physical access Is only available from the east via N.E. 6th Court. fill* - t 4 r.4 0 ... •\'�...a. Mee .. ...... .� � �. •1lM VxfW .�Fyy ,„ e F� F 1 .urq.r Ow" Slow Wai We have not been provided a title search for the Subject Property. Based upon our review of the survey and public records, the Subject Property has no obvious adverse easements or deed restrictions. In 1985, the Florida Legislature enacted the Local Government Comprehensive Planning and Land Development Regional Act (Chapter 163, Part n, Florida Statutes), commonly referred to as "The Growth Management Act" 1s PrDperty D0116 In 2011 the state legislature rescinded this law, and now each county can address almost all of these factors as they wish. Sanitary sewer, solid waste, drainage, and potable water are the only public facilities and services subject to the concurrency requirement on a statewidg balls, If concurrency Is applied to other public facllitles, the local government comprehensive plan must provide the principles, guidelines, standards, and strategies, including adopted levels of service, to guide Its application. In order for a local government to rescind any optional concurrency provisions, a comprehensive plan amendment Is required. An amendment rescinding optional concurrency issues Is not subject to state review. To the best of our knowledge, we are not aware of any concurrency issues with the Subject Property. Utlirm PPL and AT&T provide electrical and telephone services to the area. Public water and sewer service is provided by the City of Boynton Beach. Toplggraiab C The Subject site is level and at the approximate grade of the adjacent roads. Our on-site Inspection revealed no obvious signs of drainage problems. The Subject Properly lies within Census Tract 0061.00. 2015 FRE,C G000ioft census Report Mak 4WA - VMW PALM BEACN4WA PA W1Y BEACH. FL SW 12 . PLORMA Tod =I oo f Co1J�tTY 19 1 7- perty. Flood Hazard Zane The Subject Property lies within Flood Zone ~B", according to the Flood Insurance Rate Map {Panel Number 120196 0003 C) prepared for the National Flood insurance Program of the U.S. Department of Housing and Urban Development (HUD.). Flood Zone aB" includes "areas between limits of the 100 -year Hood and 500 -year flood; or certain areas subject to 100 -year flooding with average depths less than one (1) foot or where the contributing drainage area is less then one square mile; or areas protected by levees from the base flood Assessed Valua and Taym The 2015 assessed value for the Subject Property is as follows: 2015 MiLlket Value 2015 Assessed 2Q15 � be+;Land verner� Total value rues 08-43,45-27-02-000-0010 $532,71.6 $0 $532,716 $514,457 $0 Since the Subject Property Is under public ownership, there arse no real estate taxes. EmuAftHistory It should be noted that this office has not performed a title, search, nor has a title search been provided. According to the Palm Heath County Public Records, the Subject Property has been under the ownership of Boynton Beach Community Redevelopment Agency for more than five years. To our knowledge, the Subject Property was not Iisted for sale or under contract as of the appraisal date. Imoro�oem The Subject Property Is currently vacant, cleared, and landscaped with grass. The north and west boundaries are landscaped with times and shrubs. There are no building Improvements. 20 r Highest and Best Use MHESX AMD REST USE Sbcth Edition 2015, by the Appraisal Institute defines Highest and Best Use on page 109 as follows: 1. "The reasonably probable use of property that results In the highest value. The four criteria that the highest and best u e must meet are legal permissibility, physical possibility, financialfeasibility, and maximum productivity." 2. "The use of an asset that maximizes its potential and that Is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an asset's existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS)" 3. "The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions)." To estimate the Highest and Best Use of the Subject, we Have considered those uses wNch are legally permissible, physically possible, financially feasible, and maximally productive. Consideration was given to individual features of the land such as size, shape, location, access to roadways, and the availability of utilities. Consideration was also given to the surrounding land uses and the demand for Property in the current real estate market, Qadmw2a It is our opinion that the Highest and Best Use of the Subject Property Is for future commercial development. The reasons for this conclusion are as follows. Loony P91^M,lssllble The Subject Property Is zoned for commercial development by the Gty of Boynton Beach. It Iles within an area designated for mixed use ([commercial and residential) by the City of Boynton Beach Future Lend Use Pian. Ehacaily Possible The Subject Property consists of .48 acres located on the high -traffic Intersection of North Federal Highway and Boynton Beach Boulevard. The site has frontage on and erxposum to North Federal Highway, Boynton Beach Boulevard and N.E. 6th Court. However, due to its small size, narrow shape and proximity to a signalized major Intersection, physical access is available only from the eastern boundary via N.E. 6th Court. In addition, its relatively small size and narrow shape significantly restrict the future commercial 21 Highest and get Use development potential and flexibility. Due to theses factors, it is aur opinion that the development potential of the Subject Property would be greatly increased if done so in conjunction with the adjacent property. During the residential housing boom, numerous properties were purchased along the Federal Highway corridor for mixed use redevelopment. However, the real estate market collapsed along with the national economy and the demand for redevelopment properties ceased. Vacant land prices declined drastically between 2006 and 2008. The rate of decline decreased during 2009 and began in stabilize In 2010. The market acttivlty for redevelopment properties has increased during the past two years and land values appear to be stable at this time. We expect this trend to continue as the real estate market Improves and redevelopment becomes feasible again. In our opinion, development of this site could be considered at this time as the maaricet continues to improve. It is our opinion that the maximum productivity of the Subject could be realized with future commercial development. The adjacent property owner would be the most likely purchaser. Land Value Aria sL According to the 140' Edition of 'me„ Appraisal of Real l=state on page 44, the valuation of land begins by Identifying the real estate and property rights valued, any encumbrances, use restrictions, and the land's physical characteristics. An appraiser can use several techniques to obtain an indication of land value; Sales Comparison Wraction Allocation Subdlvislon Development Land Residual Ground Rent Capitalization Usually the most reliable way to estimate land value is by sales comparison. When few sales are available, however, or when the value indications produced through sales comparison need additional support, procedures like extraction or allocation may be applied. In the case of the Subject Property the only approach used was the sales comparison approach, in order to estimate the value of the Subject Property, a search was made Por recent sales of vacant land within the Subject's market area. Our search was concentrated on small vacant commerdal properties located In the eastern portion of the My of Boynton Beach close proximity to the Federal Highway corridor. We analyzed the Subject Property and the comparables on a price per square foot of land area basis, which Is the most common unit of comparison used by participants In the market for this property type. AJI of the comparables were considered with regard to property rights appraised, financing, cxonditions of sale, time or market conditions, location, sire, site quality and matin road exposure. 23 24 _ _a of. Vacant Land Our search revealed live sales of propertles purchased for redevelopment that were considered to be suitable for direct comparison to the Subject. As shown below, the comparable sales Indicated non -adjusted values ranging from $14.88 to $24.06 per square foot. vaunt Land Saba CaBewsy & Price, MIL #18-74f32fir B:te sum 1 2 3 4 Regard M limber 40� IQ55 8499 am L901 �{PG 27636,/849 27562/1854 26638/879 25546/1 26486/1926 drieedn Sale FdM $130.000 $4.710 000 $145,060 $550,000 $780,000 Slin'Adn 0.48 0.20 4.52 033 0.74 146 MW - son 20,994 8,736 196,766 14,337 32,069 46,337 Prion Par SgJL $14.238 $23.04 $24.06 $17.36 $16.11 South aorwof North side of s0utinvert Northwaet Nordymst Ebd side of North Faderd � Oaean corner or oorrner of anrrner of Best No10r 1116 I LoWUM Hbt way and Avonue, 60 �� Smith Fe and NorM Rderul 0cm Avenue ribirN�y he oh NE MM Boynton feet east of arch NE 3rd Street �erM I%Way and and Ore FEC NE 1st Avanua Rab*W 4th andft BoaleYard CRY swrtton Boymn Boynton Boynton 8oyrzbnn kwrbon Beath Basch Beady Beech Beam Beach note d sob Jun -is Nay -15 Feb -14 DK -13 Dec -13 Deft of Mala DW -15 Z4111riS CBD C2 KU -H CBD C.2 CBD CorAkkno of ask 0% -10% 0% 0% D% Market CoudOn Adj. 0% 10% 3% 5% 5% A4m*W Prim Per Bgri, ($14.88 *i.04 $28.27 $18.01 $SB.B6 Location 096 0% 0% 0% 20% 6% 0% 0% 0% 0% 0% oft QYdq► 0% 0% -1096 0% 0% Min Rood ftAoewa 2596 0% 096 25% 1096 TOM kM ane 0% -i 5%— 30% Per 94 22.74 1 P=L_I__1 62 Low $18.50 HO $23.94 $21.68 24 Vacant Land Sokle INN, MAIAAW y.., multi M 4 b Aki 00 M Aim. W *,W AWJ Am WaAOC 'S 4lip -KESW Am, I 'Yv - I ia I 'Item "..'a 200,Aiw wk 1!F-GhAW Fe -T 25 a I Land Salle Me. I Record ID Property T"m Address Locatlon Tax ID Legal Description sweam 'Grantor grantee sale Deft DmW Boole/Ra" wed Plat Property rillights YM L zJ E:0�kf4� A" a lys k P t A 41 9056 Commercial, Vacant Land 405 East ocean Avenue, BoyrntDn 13each, Palm Beach County, Florida 33435 North side of East Ocean Avenue, 60 feet east of ME 3rd 5troet 08-43-45-28-03-005-0080 Lots 8 & 9, less E 30', Block 5, Town of "ton Robert F. Katz, III, PR & Arthur B. O'Almelda, PR East Ocean Avenue, LLC lune 24, 2015 27636%849 PB 1, Pg 23 Fee Simple 26 LarW Value Analp Land Sale No. i (Cont.) Conditions of lie Arm's length Finenclnp Cash to seller Sete Price $130,000 LmndJMa Zoning C2, Neighborhood Commercial Topography All upland with mature trees UtlllMS All available Land Use Plan Local Retell Commercial Gross Land Sias 0.201 Acres or 8,736 SF Front Footage East Ocean Avenue Sale Prke/Gross Acne $648,214 Sala Prlc[r/Groes SF $14.88 BAMOLM This property was purchased for investment purposes and future redevelopment In conjunction with adjacent properties. 27 Land Value fie sic (Land Sale No. 2 Ford =D Properly Type Property Name Add Location Tax ID Legal Description 8,ba.WA Grantor Grantee Sale Date Deed Book/ Page Property Rights 9055 Mixed use, vacant land 500 Ocean 500 East Ocean Avenue, Boynton Beach, Palm Beach County, Florida 33435 Scu#west corner of East Ocean Avenue and South Federal Hlghway 06-43-45-28-03-007-0010 Lengthy Capstone Flesdev, LLC Skye At Boynton Beach, LLC May 25, 2015 27562/1854 Fee Simple 28 Land Sale Mo. 2 (Cant.) Gonditilons of Sale Arm's length lrinancing Cash to seller sole Prtice $4,710,000 LWWLQM Zoning MU -H, Mixed Use -High Density Topography Cleaned, all upland and useable Utilities All available Shape Rectangles Land Uoe Plan Mixed Use Core JAndstialohmmadian Orvas Lard fte 4.51.7 Acnes or 196,766 SF Front Pootage South Federal Highway; Ocean Avenue Sala price/Gross Acre $1,042,698 Sale Price/Grose sF $23.94 l&n,d Vg1ste Anadyr_ RtMKI '! This property was under contract far approximately 2 years while approvals were being obtained. The slue is being developed with a mixed use project called SW ocean. it Viii Include 341 luxury rental apartment units, 13,300 square feet of recall, 6,600 square feet of office space and a 664 -space Integrated parking garage. Construction has begun and the anticipated completion date Is Fall 2016. The City of Boynton Beach will particlpate funding $4.4 million over a 10 -year period attar the project Is completed, using taxes created by the project. 29 Land Rale No. 3 ! U0Y1 Sa,r kSasCri Mod a rim s 4&r; d Wakfa Analysts r� r 84f1� Iph" re Retard 3D Properly Typo Addrems Dian Talc ZD Lepel Dowription Awk2aft grantor Grantee Saba Dei* Deed Mmic/Page Recorded Plat Property Ilii 8499 Commercial, Vacant Land 209 North Federal Highway, Boynton Beech, Palm Beech County, Florida 33435 Northwest comer of North Federal Highway and NE let Avenue 08-43-45-28-03-001-0121 El/2 of Lot 12, Lot 13 ik 14 Iris 10 feet, Block 1, Original Town of Boynton Kalbro Properties, Inc, 209 N. Federal, LLC February 19, 2014 26538,/879 PB 1, Pg 23 Fee Simple 30 - : M - Land Va1,re Ams Land sate No. 3 (Cont,) VWnditlons of sale Arm's length Fineneinp Gash to seller Sale Price $345,000 Zoniep CBD, Central Business District Topography Previously Improved Utlllit hw All available Land Use Plan Local Retail Commerdal Land Rim Information Groas Land She 0.329 Acres or 14,337 SF Front Footage North Federal Highway, NE 1st Avenue SIC Sale Prlka/mss Acre $1,048,21l Sale Price/Bross SF $24M This property was purchased for investment purposes and future redevelopment. R was Improved with a 59 -year old office building contalning 1,035 square feet at time of sale, The buyer Is renting the building until redevelopment oars. It Is currently used for an Ice cream parlor called The Boardwalk Raallan Ice & Creamery. 31 Land Sale No. 4 Lend MUS AnaWS 7-1-S ,41 1& 'l !, 0Q)Vrrran 9*.x1% hpvV 2 1 r y# tRr 1 VL $9iAV Lomftn T= ZD Lapel Description 211111kilaft Grantor Grant" sale Date Dead Book/Page Recorded Plat Property BMs CondlUons of Serle $Soo Commercial, Vacant Land 413 East Ocean Avenue, Boynton Beach, Palm Beech County, Florida 33435 NDrbwmdt corner of East Conan Avenue and the Florida East; Coast Railroad O8-43-45-28-03-005-0040, 0091 & 0100 Lots 4-6 & 9-11, Black 5, Town of Boynton 417 East Ocean Avenue LLC 206 Baynton LLC December 27, 2013 26546/1 PB 1, Pg 23 Fee Simple Arm's length 32 Land Sale No. 4 (Cont.) Financing Cash W seller Sale Prke $550,000 Zoning C3, Nelghbortwxd Commercial ToPogr+Phy Previously Improved U ilitioe All available Land We Pian local Rabil Commercial LmodAkalaftinwMw Amos Land Sloe 0.736 Ades or 32,069 SF Rrewt Foofpe East Mon Avenue; NE 3rd Sim Safe Price/Arose Acro $747,077 Salo Price/Aro" SF $17.15 Land Vahre Arai s 8NMIKsa Tiffs property was purchased for Investment purposes and future redevelopment In conjunction with adjacent properties. It consift of two parcels, one fronting East Ocean Avenue and one fronting NE 3rd Street. 33 Ir r 5 Lend Sale No. S W r— r,: L tioyntVte bi,*Ch + Iva eI Ra rd 1D PrOPWW Type Addrew Loastllon Tax ID Lapel Daecdpolan Granbar alanaw Selo Date Deed BoWPage Properly Rights Condltlons of Sale Land Value Aaalyels 8501 CDmmerclal, Vacant Land 51.2-600 Norio Federal Highway, Boymmw Beach, Palm Beach County, Florida 33435 East side of North Federal Highway between NE 4th and 6th Avenues 08-43-45-22-05-000-0010 & 002-001a Lots 1-3, Blodc 2, Clvlc Center & Lots 1-6, R.S. Merrltt's Baynton Beach property Partners, LLC St. Merles Square, LLC December 03, 2013 25486/1926 Fee Simple Arm's length 34 FInancing Sale Prka Land Rgft Zoning Topography Utlppes Land Use Plan Land Size InIbEMMMon Grote Land Size Front Footage Sale Price/Gross Acre Sale Price/Gross SF _ I.Ma l I able rra1"ls Land Sale No. 5 (Cont.) Crash to seller $700,000 CBD, Central Business District Prevlausly Improved All avallable Mixed Use 1.064 Acres or 46,337 SF North Federal Highway; NE 4th Avenue; NE 6th Avenue $658,045 $15.11 RAMNIM This property was purchased for Investment purposes and future commercial development. 35 Lang Value An:(L.5 rtv PJahts Transferred and T All the comparables In this analysis involved the transfer of a Pee Simple Estate basis, with the buyers receiving full property rights ownership. We are also unaware of any adverse deed restrictions or any other property rights limitations which would have affected the sales. Therefore, no adjustment was considered necessary for property rights conveyed. The transaction price of one property may differ from that of a similar property due to atypical financing arrangements, In a case where favorable financing is established, a cash equivalency adjustment is often necessary. However, all of the sales analyzed herein involved either market terms or cash to Grantor. Therefore, no adjustments were made, nor any cash equivalency performed. Conditions of Sale Adjustments far conditions of sale usually reflect the motivations of the buyer and seller at the time of conveyance. Within the confirmatlon process, detailed attention was made to ensure the conditions of each sale. The majority of the sales required no adjustments for conditions of sale. Sale 2 was purchased for a new prolect that Is being partially funded by the City Of Boynton Beach and this appears to have had an effect on the price paid for the land. Therefore, we have made a downward conditions of sale adjustment to Sale 2 far this factor. Market conditions genemily change over time and may be caused by Inflation, deflation, fluctuations in supply and demand, or other factors. The sales occurred from December 2013 to June 2015. Overall, market conditions have Improved since the earliest sale date and we have adjusted Sales 3, 4 and 5 upward for this factor. We have also adjusted Sale 2 upward as It was originally contracted 2 years prior to its closing, while approvals were being obtained. Sale I was considered to be representative of the current market. Location The Subject Property is considered to have a good location for future commercial development at the comer of Federal Highway and Boynton Beach Boulevard In downtown Boynton Beach. The majority of the Sales are similar to the Subject being located In the City of Boynton Beach Core redevelopment area between East Boynton Beach Boulevard and East Ocean Avenue. Sale 5, which Is located Four blocks just north of the Subject, but out of the Core area, was considered to have an Inferior location compared to the Subject and an upward adjustment wee applied for this factor, 36 Land Wye Arre sts The Subject Property contains .48 acres. The sales range In size from .20 acres to 4.52 acres, It Is typical In real estate for a small site to sell at a higher price per square foot than a large site, when all other characteristics are equal, However, for this property type, the adjustment Is off -set due to the fact that the development flexibility increases as the size increases. This Is evidenced by this data set in that the smallest property (Sale 1) sold for the lowest prk:e per square foot and the largest property (Sale 2) sold tar the highest price per square foot. Therefore, no size adjustments were applied to the sales. Sim Ilty The Subject Property Is considered to have adequate: site Quality far future commercial development being all upland and useable. While It is somewhat long and narrow, the limited setbacks would permit a wide variety of uses. The majority of the comparables were considered to be generally similar to the Subject at to overall site quality and no adjustments were made for this Factor. Sale 3, which was improved with a small building at time of sale that Is being rented until redevelopment occurs, received a downward site quality adjustment fbr this factor. The Subject Property Is located on the signalized corner of two main roads and has a high degree of exposure. This comer Is the main corner In downtown Boynton Beach. Sales i and 4 are located on last Ocean Avenue west of Federal Highway, which Is a secondary road, and upward adjustments were applied for this factor. Sale 5 has frontage on North Federal Highway but not on a high -traffic comer and an upward adjustment to a lesser degree was made for this factor. Sales 2 and 3 have main road frontage similar to the Subject and no adjustments were necessary. As can be seen on the chart displayed earlier, the comparable sales Indicated an adjusted range from $18.60 to $23.94 per square foot of land area with an average of $21.68 per square foot. All of the comparables sales were considered to provide reasonable value Indications for the Subject Property and were given approximate equal weight in reaching our final value conclusion. Therefore, it is our opinion that the Subject Property had a Market Value of approxcimatsely $21.00 to $23.00 per square That as of December 30, 2015 or $460,000 as calculated below. 20,999 Sq -ft. X $21.00 Per Sq.Ft. $440,979 ,20,999 Sq -R. X $23.00 Per Sq.Ft. $482,977 Say i4w,00& 37 ADDENDA ENGAGEMENT LETTER r 5r '�5n •� toM O,bile 1410ft*[ataSM w&ft7 gw.FL3M + Issuer,, Mp" MawaswummkM l M&M UMS oplab ea ItZ1190~ � �ibnrtABe�rley,�aCq !bt 6r>ro f;i�141 Callaway & Price, Inc, Real Estata Appralsers And Consultants wyw,cttwaaawsyandpr ce.corn Ucenaed Rea! Estaw Brokers Dewmber 14, 301.5 fierM Ufttaak Daveloprryent Servlcas SpBdawt Boynton Duch CRA 710 Not31 Federal Hlghwsy t3ayrttDn Beach, !1 33435 Door Me. Utterbb&.- phMMpmtd'4vM %AFWkt"eolrM NAnt:. COM We vvoud be Alnaead to PrWare an eip"Inal report on the vararrt leoaxMMW "*.5UMv1 $lte kxaebed at 222 Noft Federal HlOfnaray in Baynton SsBch, aatp^V%fl "W Rurfda. It Is our underdanding khat the pwpose of the aNraatual Yrersa 0Y rn4ts MAK Is to e9UMMS Rhe NNeftt VAN of the Fee Simple Ewa, snag WU*,= ampftfi M1t*. M �K Qts�t1T1ABd CEMM FL.CR DA ()ftrditFL 9lta0ti apt" fmpa FM OapnaM wtaon . r t Ij 914 PAome 8003 kWk* 0r'FL3= fin amm ft favr'z &%&LF dWk(Al ConGuMM MM TION MOM W M be prwamd fbr our dMd and fn wded user, evyraaan Bead' MA. The Intlmded l9e fs tta 8881st the dlent for lnMMI dedslon maldng. The ampe of work parlipmud Is xpmdft to the needs Of the httsndad uilaer &M the Inter ldW trse. Ila other uss Is Inta>anded, and the =We of work may not be appmprkft fbr miler uNs, The fee Would be $1,9001 The flee Is clue and payable upon delivery of dw reports We will provider a PDF of the final report and a hard copy +sport regrtggL WO wtlf have the Rtpnrt oortapIGW in approulmaately 3 1Jz weekal from the day we mecohn your authorlwAtion, Tiherma Utterbacic Development Serhrices Spedellsr BOYMOM Beach GRA December 4, 2016 Page Two hMr,, Records "bite Bcyrftn BOAdr COrnmunity Redeve Ment en Is bile a to �P Agency � 9eatY aubjecfr Cllr itp, l=iorlda Std. The Conti: ctor- shall comply with Florida% Public Rwards Law. Specifically, the Csonthad or scall: I. Keep and mafntaln pubbc neeords that ordinarily and raceendly would be rewired by the CRA in order to Wfurm ithe se Wcae; 2. PnWWO ft public with aaaaas to such public records on tto same temha and conditions that the CAA would provide, the records and at a cW that does not 0=0 that provided In chapter 120, He. Stat., or as otherwise provided by low; S. Ensure that public records that are exempt or tthat are eonl&lential and exempt imam public record r equtnern ants are not disclosed +except as authoit ced by low; and 4. Meet all regcrirameMs for retaining pudic r ac w* and transRer, to it* CRIT„ at no all jxAWIc records In mon of it aarhthactr upon tarmina0m of the eonlrr d and dewy any duplicate public records that are exempt or earAdardal and exernwt. All records stzm ad electronically mead be provided to the City In a fon rmt that to o wpatI to with eche Infbrn*Wn technology syeterrro of the soon* The fb(= of Unbacear to comply wllh the ins set fbrtih in tf`& aRreemwW*x*mvt shall wnwhft a Default OW Breach of this Agreow t. If Contractor fails to care the default within seven days' r4ace hum the CLIA, the CRA M11Y beamir'wte the ABreem nL Thermo Ut to rback Development Sw'vlm Specialist Baynton Bach CRA Dw.emlaer 4, 2015 Pie Threes If the above b egramble to you, pkwe eign below ass« aur authortmum and nftrn It 80 UUL we may begln work lmmeftely. Thee agsra ment Is m1bled to the Agreerneft and Condldorm IlaM an the attached psSes, a oopy of which should a bo be signed nand wed to us. Our wstrk will be dune In accaradanta with the Apprahal Itas CM% Of Ithks and Standar of Prallousslonafl Prodko. Thank you ibr the opporinnity to be of serwee. ItOSpectfully fid, CALLAWAY & PIUCI, INc, Stephen D. Shaw, MAT CMt.Qsra. RZ2192 SDS& Atzasvnwft cheast: Accepted By" be: Date Name and Tit'ie (Prltsbad or Typedj: Cwt Fed IDO or SS#: dolmton Beach CRA mare �Ca� .j fy,-c vias, C."dh*ers f ef�: Pte: UO completed Deport shall cDmply with the prol9sional and ethical standards of the Appn*al Insttute. The report wail be gd&NOWto the Edi mtt or, as directed by the Client. 2. : The fW Is due and payable Mr, dw%nated In tete contract Ietiert than retainer Is to be Sent to On Appra a" whir the signed comb -M lsfte , WhM ccrnstltufrss authorization to aornmwx t the aejIgnment. The App~4fCorjsulttant"s carrtpertasttfon is in no evert om&Mft upon a Predetermined value or melon. 3. CmRieden Date Erre Y af tut aAll be made to doilver, the report as per the specified date In fm coft"et letter, If dalays acm Pur malas beyond tete genial OF the APPrabW/Cbnntf such aS not ung namary data raque18ted ftm the Client in a timely meaner, changes in the scope of servicer: Of tits aNigtrmertt„ Oft of +hod, at caterne the due data shall be OWWded. 4. : 'Tire ItppraiaW/Can nt $hag, to the best of his ability, (OrnphM the Mlgnmsnt In Compliance with prOfbaslonal and ethical standards of the appraisal Industry. Changes which are not In kuping wide thme. sie+3c W* W11 neX,eeltate a: Mw ooetrac t kfter and rerregadi ffon of ft orfgInal bas, or Wiled on a thrre basis plus the original free, QDMbU=n: '1711118 atgrOd"laft may be calncslled by tft Chemo by wft" notfce, or telephone fbilowed by wittbw mance, AppraiseryConsWamt shall submit a Arrant based an professional thne and expenses accrued, If $lrpllraable, for all servlces expanded to the date of =ncelhrtnm. : Additional caop%s will be ftrrnlshed upon n1 quant„ and PrOPYMOM of $1 per paper per mporL 7. COUft=G: All fees and expenses ars due upon degmy cPfhe final repo& A labra dirge of 1.5% per month shall be Imposed an balances unpaid 30 drays sfter the stab dere. It colied n sib become ft==NY, all emu fbr sante, lncfudlnp court casts and attorneir's nm will be added to tha balomm drag. We are eunM* opt under an agreement with a co n *gamy which merges us 53.891, IF THEM COLULTI N SEMCES AfiE R,iQWRED, CLIEfiT`S TCYTAL 13AL+11NC1 DUE WILL BE YNCRIMED BY 53,896. 8. LimilAMI MOM: This agreemork and ft completed report shall be sutbbd th the attached Lknldf* Conditions (also Included In sold report). Fes, 7 CandfiftiS orArnmumat 9. radd2flUal Oft: Date arsembW for the mWonment will retneM the lrolorty of the Appmber/Coneuant bet provided by the Owt wM be held to Me, unless others lrrstrrrcbad by the Eleni, and considered confldentlal. Appralser/Consubnt Is auftrtwd by the Client to dladoe$ the report to appropeta6a repranntntWe of the Appraisal irWitute bo comply with the Bylaws and regulation of thk protfesslonal organtmiton. I hereby a to the Condoons of Agraww' t autilttod ebm. Client's Name L Uniess oklierwlsa aimed, the value appearing In this approlanl represents the opinion of the Market Vskre or the value Defined AS of= THE DATA 3PIOMFIED. Market Vette of real estave Is aid by national and local econarnk corWIfions and consequently wM vary with lzftrs• changes in such wndititrras. - 2. The value astimated to this appn*al report 1a groin , without ="Weraldon given to arty encumbrance, r+eatrtdiara or eluastivn of Iflie, unless speclf'loefly defined. 3. 'this appraisal oWwrt UMES C* the propierty domed snot any values or rates utfltind aria not to be construed as applicable to any ocher property, however similar the propert% m1pit be. 4. It is assurnad that the title to the premise& Is good; that the legal description is correch; #not the imp amen s ars entirely mW con ay Wataad on the prosy des ,Ind and that thane are no ancroacha wit on this property, but no In veedgatfon or survey has been made. 5� This appralsal 84Nvum our opinion, and erripioynwnk to make titin appal wW In no way eontti'rgent upon the ngportinp of PredeWrMIrred valve or conclusion. dNO rNPOrlsbiltixy to swurnad tior matters legal in nom, nor to any opinion of We rostered. In the performance of our Investigaftn and anidy* f to the conclusions reached herreln, the staff of cttrs ware reliedo on. No liability is ammed far the correctness of time staiternenft; and, in any over*, the appralser's total liability 1br tht report is ilanited to ft aetual•ffee chd, 7. Ne"w ail nor airy part Of the Contents of this ,sport Ce tally any aanduslons, the Identity of the appralsar or the firm with which he Is connected, or ony reference to the Appraisal Irstituts or any of its designations) shall be dlsserralnated to the public through adv media, public relations m edla, news Mesita, sates media or any ottrer public means of communication without our prior wd ten co went rW approval. IS. It Is assumed that therm are no hidden or unapparent corrtlii;ons of the Prefe'ry� n 6soll, or sEructures which would render It mons or lass Valuable. The &PPMkW assumes W r onWbIRy for touch cor dations or the errgirmwing which right be required to dieoover these factors. 9. UNerea tethervrhre stated len this rare, the existence of hazardous subetencer�, Including without krftbn stachybotrys chw1erum (mold), arbestop, WYchlalrinated biphetinyls, pelzaieum le:erkape, , � dryWWF or agricultu ml ed*emicals, wt*h may or may not be present an the propeety, or other awlronnEento; candltions, were not oiled to the attgntbn of, nor did the apiulser becomes aware of such during the appraiser's inspection. Thee appraiser has no lcnawladge Of the seeds OMB of such Wgftftls on or In the AroAer€Y unNau at WM$e eatateed. Thee eitipreisear, hOwOftr, is not qualified to teat Cor such substances or aondmmx. V the presentee of such sudstaa w, .such as ealumfts, urea lbrmaldshyd a turn lnsuWW, or other hazardous substa nm or erndronrnw al oonfi Mona, may of ct me value: of the property, the valuua esiinuutaed b preedkoWd on the aasumpUon Ust there is no such prnodmliX thVWW that would cause a loss In value. We are unaware of very wet CondRions that may haves Odsted for days or weelm which are raagWmdd to grow mold. No nisponsibift Is woume d far any such eandaions, nor for any expeertWe or enginvOing IcnouWetipe rsqWW to d1omwthem. 1D. The Arnerleans with Disabilities Act CAW) became mops janUarY , 1997- itis appraisueur has not made a awrk compltenee survey and anatya Of this propel to de tmvWnea Whether or not A b In conkrmity tm ft Various detailed r*gLdmmerrm of the ADA. it is PossilAs that a complirmtati eu"Y of tNs ptnperty► together with a detailed araeftWS of the nxp*wmnts of take ADH etia 0 reveal that the property is not In mmpfla= with ones or more of the rOWremenis of the A#. If aa, this tW could have a negative upon the value of the property. Since the appnJser has no dho t etrldence relafling to this Issue, p*mWble noncompliance with the requir rnentes ofADA In estimating the value ofthm pMPerty has not been considered. QUALIFICATIONS Quaiff%sata�v — Stephen 0. ;�Yta aw, MAI eroressionai ns s Member, Appraisal Inutitute, MAI designation #10461 Rorldla State-Certlfied General Appraiser 821192 Florida Stets Ucensed Real Estate Salesman 0495422 LrgLPAk)na1 Expalgrica Principal, Callaway & Prke, Inc., since 7anuary 11999 SenlorA pralsal Consultant, Callaway alt Price, Inc., since July 1997 — December 1998 Appraisal Convultant. Callaway & Prices Inc., since April 1994 Associate Appraiser, Pinel & Carpenter, Inc., Orlando, April 1992 - March 1994 Appralser/Roomrcher Callaway 8c Price, Inc., September 1987 - Marcia 1992 Special Magistrate Pam Beach County since 1996 Special Magistrate, Martin County, 2009 Palm Beach County, Fkx1da Martin County, Florida BrNmrd County, Florida Sarasota County, Flodde Bachelor of Science Degree, Business Administrat%n, Major in Real Estate and Finance, University of Florida Appraisal Institute: Court. 101 - An Introduction to Appraising Rawl Property, 1992 Course 201 - Principles of Income Praducing Properties, 1991 Course 2-1 - Case Studies in ileal Estate Valuation, 1992 Course W - Report Writing and Valuation Analyshs, 1993 Coarse 2-3 Standards of Professlonal Practfim parts A & B, 1991 Numerous seminars sponsored by the Appraisal Institute Acreage Ar,LFs Apartment Complexes Automotive Service Faculties Bowling Alleys Commercial Buildings Condominium "ects PrnUmt domain Golf Courses Hotels Marinas Mini -Warehouses Office Buildings Officelwarehouses Retail Bulldings Restaurants Special Purpose Properties Shopping Centers Vacant Commercial Land Vacant Industrial Land Vacant Multlfamlly Pods Vacant Residential Land Vacant Single-Famlly Subdivisians Warehouses - -- mgLfi t Qt''one "" hen A she-w. mAr OMan]zations and A, lfat%ns Appraisal 3nsthte. Experlance Review Committee Ethics & Counseling Committee South FbrWa Chapber Board of Directors Business Development Board Palm loch County, Member STATE OF FLOMDA D1=RARMENT OF BUSINEW AND PROFESSIONAL REGULATION FRIDA REAL ESTATE APPRAiSM BD 10 N. iMONROE ST. TALI-.AK48SEE FL 32M"703 SHASSTEPHEMPAY 731 MCHA MART FLUM cenwoiut4omm V ttthb**Mea hap onsatlhenbargr a m 11u f rt pne tatfstlsld by s not Of 13004M Illld 'Plan ow OW 111iiy t eacfmq sltarg. e�iltg► fyn�ic� QfswellMnrdabua�tses�nelderirs —You a t: MIouteenlselt.•Aleers�o+�o % d=sr4t1it 8bbut Bfe i�eprrdaietitb in a i Wm at the Deplrtrm t be UJmoo2W sl*. fisp*b FAdy. I ate b senls eo `mmym m amyas` �i�ti�llfiftlelm DEMH HERE BSD487-1395 ''..1.`.irv:...i rs..y:.::,•;•:cs: +i:.s-5 :tit-,::}L:'.:+y:.:•r� 41• • A'i`E 1dK a BU��e � 14 `J�� 16� nd�r Rlll� e�� vll ,4yi: a. • ,, �-..>e:e.Li. M1Si:s P.:...::»moi � '.��'• 8•h.u" +':v°,a• : y' c_` s..ttit: , ;•�' IBUlEM 10MOM4 DWLAYAS REQUIRED SY LAW •y5i�,• ' e t: • s� •�F OM L141411 51 9i180-070800" - Joe A 1Ke%wttt ftfulidowl Llcen Florida State-Cartifled General Real Estate Appraiser, RZ672 P * 'eislonal Exgg&n-ce Staff Appraiser, First Federal Savings & Loan Amodation of Delray Beach, 1977-1982 AsiWate Appraiser, Callaway slit Price, Inc., since September 1982 Qualfbd As Au Expert Witness Circuit Court of Palm Beach County, Florida Education Florida Real Estate Commission, Course 1, 1977 Appua Isal Institute: Course 101 - An Introduction to Appraising Real Property, 1978 Course 201- Principles of income Property Appraising, 1978 Narrative Report Wrtdng Seminar & R-2 Ebramination, 1978 Course 1p 1- Real EstaW Appraisal Principles, 1987 Course IA -2 - BWc Valuation Procedures, 1987 USPAP Cora Lary for Appraisers, 1994 Appraisal Review, 1994 Numerous Continuing Rucation Courses and SernInars by; Appra Iasi institute Gold Coast Professional Schools Bert Rodgers Schools MclQssooic Appraisal School South Florida Water Management Dis&lct Agricultural land Automobile Dealerships cme SIS Cornrmemial Buildings Condomintum Prcoeats Eminent Domain EnWironmerftily Sensitive Lands Gas Stations/Conventence Stores Golf courses Maricet/Feadbillty studies Warehouses Marinas Office Buildings Regional Malls Reil Sullclings Self Storage F�iclilties Shopping Centers Sovereignty Submerged Land 5peclal Purpose Properties Commerdal Land Industrial land Residential Land STATS OF FLORIDA DEPAR7VENT OF SUSINIM AND PR'0I=FSSKWL RMULATION FLORIDA WAL ESTATE APPRAISAL, BD IM W. MONROE ST, TALLAWSEE IFL =30-0783 MERRITT JOE M � H N l�iF BEAi��-I� FL 3UW Wth � Ile you !H�[sonx+anH d ilfe ffeI oft lftN A F p c mx lWw* l byit+Re rlmsanpp of#�+�.e�tr�eee * Wid they ��1 -• -- ��Iplii�ytP -"POW �ko-o* ww�qrsarrr,AWA ol you aan flfll�l tt10fH or6� i hhmnhtm 4 eu�cl IeHm furs eItuk�E3uip�s umm RIder* Rqpmo Fft Wye aansl�Mii �a�rv,�r�!� be�e1' eo�at frau a.n a��e� a erne Thunk �""� mMmUeftwortyawrowX00 1 In Rdft, IDEWH HERE OW487-ISM nA:.�•S..S..S:'L.:i.LS4•...hl�.i..•fw:�ZS.,H..v,r,,.ri-, •: _�:'�k�.. s.. i..y _.. ,L„r, mob. TEOF FLORIDA : Bt1BINEM A R �M;sirs•,=� wI $•' a •-„•.. •• •• 1D�t�.: pjy'h'a •' I • au r7FliTimoa V.a 6i [heli abri: arCn.l70 FB.. a �; f�➢ a� mu' tVaneepPM •��E+rt''llei',. •-.-�T�T+'I�sa-.a�y'%a.firi �.,rc.. •v�.: .--• ,. .POCK $007'% GOMM R I” I.AaluWK $<s R"AW MTE GFF ' YNAL SlAmololsm • N rm 476 r0. clap ,'1^�. r' y.^LY, .•:•+ "•'�"t"i.'str♦ ryy • r -ry —! TIO •.. •1 3 :•t ��,, ��K.=•: •!• '•: •'~'. •IDI; Iw!BkVD ` • '�iaJ81f�7 � LL }" .:�"w�` t+y 3.� .':.' •ti'b, "'bs 4y ^s . - y .+,. ^., 't� ,'E• `, � L �` ' •� L';,�w �4. � - .. � r. -,i+r' .', :i' '. '�p•1Lk:t4. ''A •G.�l :� 1 � • .�14 .. � t • ..^''•. .+ .. '••^.1. �, .'. f.• -�yi;,�, ��.•• - ... ,•fir � +'• ','. .' •' �`-A1s•"+w •.-«'+Mas' .'y^�,.�q•"+t'"9+��gyly�y�h''.�'*:t��•':��''�4ti. ''l :�, y F ff •r. . .. .' y`.. � S, L '� •T-1 a'. /M' +'. ilj� 1.11n. - L , 4�i�f 1� iT' •] f'J• r •1. L' .,i r.:,,�i' �. �' ••�y q'',L •.4 k. '��••�ys ''N „�. L'�f'�L t�3c.'1'�.:��s.',��' 1��Z ti� � .', c•••. '� y r. 4i5L�«t. �*r L4!'. 4y ,�A.',4 ? .►� � •'°''.3..1� ti"`' ' R�' . �`" � } •'- S 1 � •� • _.. n . 1 •fin,.. y n' '•'' R4 � 7� �'iy � 1. �i 4�•5••' �y'� • a3u: •.n .�"..-�.'.'s •rv.�� . ".�..a. ?r:.�'^ -r : s� • � i t�• •. �•,.• i s �y + ry •'r; BMW' WtMi4 DIBPLAYAB iREWPJ!D BY LAW am# L1401011" 91 ATTACHMENT 2 Emchm tit►=crr Awn., Brooks, Vivian Sent; Wednesday, November04, 2015 11.48 AM To: 'Bonnie MisW Sum#: Accepted; Meeting with Mike Rumpf, Vivian Brook& et al regarding Ocean One frorm Brooks, Vivian Ste: Tuesday, December03, 2015 5:06 PM 7O: Bonnie L Mlskel (bmisb@I4Pdmbblaw.c "Wifliarrr Morris (bliesouthcpoom) Cc: Davis Camaller (deamekerewrepaccom) Sub1eft Ocean one PAUch - 14- DiFA Poildes 103.2-2033.doc Hello Everyone, I hope your hoflday was wonderful. We ane very excked to see phase I being planned. I'm attaching the WWII item that was approved by the CRF► Board regarding Direct Incentive Funding Ailrements. This reflects how the Board Is Iftlyto enter Into a pubIlOprivate partnership. Also, as the project moves fbrwar4 we can daces the adjacent GRA awned land. I look forward to working with your team! Vkftn Brooks, ESaecjo ne Director Baynton BeaCr CarrmwnitV fa5edaWIq W* Apney 710 N. Federal Flay. I WO= Beech, FWeda 33435 0:561-600.4M I f: 561-737-3258 MFF.us ! Vww.caKg49W on -C M . RMarewFes�6aplt� Awmr1mvs Getrow to tt diutJ9etneam The ftfiamlkm car Wned in tbia irasmWdcm may be Wy pMegWand tmfidantiai. it is infiendW only fior the use of the fectiml(s) named above, ff the reader of this =mV is not the intended fit, you are hanoby notified that you twi ived this communication in tss+or, and the any dioamh adcm, distn'bution, or Copying of this communiN&M is strictly pmbibbelL If yog have reoebed this communication in a for. please notify the amder immediately by reply email and delete the memp and all copies of it. CRA BUDGET MZETING OF: Auguct 22, 2017 SUBUCT: Direct Incentive Funding Agreements — Recommended Policy Cherges ST,TMM"Y: The CRA has entered Into four Direct InoenWe Funding Agreements over the Iet man years. The CRA Board has achieved same admirable goals through the use of the Direct Incentive Funding Program; sustainable energy, affordable housing, and Job creation. The DIFA proJeds have been ecattored. throughout the CRA district and the public purpose has varied depending o1 the project (See Table Below). DIRECT INCENTIVE FUNDING AGREEMENT'S Yeu of f'roled Address Public Purneae a„ma. The 430 N. Federal - - Prommu de Highway 111 Public Parking Spaces for 10 Yam (in Year 3) 3 of 10 � _ 109 of rel 1,9301 oftsr{ed below n-artcBt nkip The PRNm NE 4th $treet Affordable Housina 9 of 10 Wal-Mart 3619 N. Federal Jobe 1 of 10 Seabourn 0 of 10 - Cove 3100 S. Federal Sustainable Enegly 2014 DIRECT INCENTIVE FUNDING AGREEMENTS The objedive of the CRNa DIFA Program Is to achleve the following goals and cbjectMw 1. Create permanent public parking for the Transit Oriented Development Area around the FEC Corridor 2. Redevelop the downtown arm as defined In the Ddwnfown Melon and Mader Plan (See Attached Map). 3. Creation of jobs In the fields of bechnakoy, biomedical, green energy, healthcare or the construction of a corporate hafterters. 4. Location of a specialty food store of at least 90,400 sq. ft. In the dmmt wm area as part of s mrmWee project. 5. Development of a flagship hotel In the downtown area. FISCAL IMPACT: None at this time. CRA PLAN, PROGRAM OR PROUCT: Downtown Vision and Master Plan I s f C. �M pp�ta 1TunpoAiY 1e . Fft4wA n -QA0 klrFw TWffl DIFA Foliar z01S,�rt13 4:i'�bx, Ai Ma Few. Brooks, Vivian Sent Monday, January IL 2016 4:55 PM 'h4: Bonnie L M1sleel (bmisl Odmbblaw.eornk INiltiam Morris (billasouthcpcon); Daws Camalier (dcamalier0wrapiccorrd Cc: Slaw% Michael Subs Appr*al of 222 N, Federal 141ghway Attaditrnenis: Appralsal-222 M Fed 1-hey{allaway.pdf Happy New Year everyone Prior to the holidays I dlsasssd with Bill that I would be fitting anew appraisal for the C.R& owned property adjaaentto 114 N. Federal Highway since you plan an submitting a Letter of Intent forthe property. U came In lower dean i expected, $460,000- The Property Appraiser has it appraised at $531,,718. ICs rare a property will appraise far less than what is on the Property Appraisers website. So I guess this Is your lucky yearl Please let me know when you are ready to dls= the process for this to happen. I look forward to working with all of you to ensure a good pro)m for the qty and for you. VMW Brooks, hse1. ove 1? mcWr Boy710 N. I'h . I ROPOn Beadt,Beadt Fladda 33435 x 561-60fJ4M I f: %1-737-32H Ilmh a w) -fl, s j •�. ...ter ms's Ga hma to dw Guotra m Tin inflonastim contained in this t mmnissianmay be legally privileged and eoondentiaL It is itbaded only for the use of the recip OWA) named above. If the reader of this massago is not the intended reoipint, you are l7m ft notified that you received this ccwmtnaicatian in em n. and that my dhmcn�ion, disixi'ls Wan, or copying of this communication is strictly prohibited. If you have received this, r mm mcation in error, Please notify the scnda immediately by reply email and delatte the message and all copies of it. BraokG, Viviaarar From: Brooks, Won Sent; Monday, March 07,2016 11:34 AM TO: Bonnie L. Miskel (bmislael@dmbblaw=ft tAAlliam Morris (bll@suuthep cam* D#* Canceller (dcatnal"wrepfk corn) Cw Taylor, Jerry; Casello, Joseph; Fitzpatrick, Mike: McCray, Mach Merloer, David Sulb jfactt Ocean One Tiraddnp: ur dpium 0WhMY seal Bonnie L Mickel oxrddmodm661MWXWM VWIBem Morris p WKUfts*.ao W Devi= Cowler QdornelivawRplk oom) ThAor. Jury Cmalki6Josaph 001kWW: 9/7AW31-14AM »Zpetrldk Mike De6venNk 3/7f fi IM4 AM Missy. Mack Dellvered: 8/ IM 114 AM Marker, Dawd CWkW d: BI7I2M61"A AM ASS& W/2m612aS PM TgiffiOwtm DeWmml: 3/7ft016IL14 AM ISI Bonnie, I lei you a message rogardingthe ocean One plans submitted WThursday. The plans submitted utilize the CRA awned property at 272 N. Federal Highway. Hawarver, the CLIA has nut recehred a Letter of Intent fcvm Davis for this property which would start the statutory disposal process as I discussed below In January. If you can get me the Lai i will try to walk It on to tomarrows CRA Board Agenda pending our attorneys okay. Thank you. Irarm Sr0ft Vivian 9anft Monday, January 11, 2016 4:55 PM To., Sonde L MWW ; WMM Morris (bpi: Davis t:arraaaller Cm Simon, MICU" Subjeil: Appralsal of 222 N. Federal Hghway Happy Now Year everyonel Prior to the holidays K discussed with BILI that I would be getting anew appraisal for the CRA - owned properly adjacent to 114 N. Federal Howay since you plan on submitting a Letter of Intent fbr the property. It came in lower than I expected, $460,000. The Property Appraiser has It appraised at $WZ716. ft's rare a property will appraise for less than what Is on the Property Appraisers website. So I guess this is your lucky yearl Please let me know when you are ready to discuss the procm far this to happen. I look forward to working with all of you to ensure a goad project for the My and finr you. Wen Brooks, hiecutiw Director 710 N. Federat Hwy, II BW*m Beach, Fieri 3de 5 a 561.60E-9094 I f: 561-737-3258 Imaiw atrwals I ww& catchticimm-cam Rrooks, Ykv rti Frorm Brooks,, Won sent Monday, March 07, 2016 ZLIN AM TO. tduhy@llw-law.com Subject: FW: Ocean One FYI, can we walk the 1.01 onto the agenda tomorrow? Wvkan Brooks, Bowda Dimcwr Boymtm Beech Qrrrrfudty Rcdere4mumtAWW 170 N. ftderet Hwy. I Boyirton reach, Florida 33433 a 361-=4090 I f: 561.737-320 1=I11WOWLINI AMW fW!ff Gahan 7 to dw G/iUtmm 11w inimn dion contained in this transmission may be Iegally privileged and confidentW. It is mtmded only fir ft use of fire recipient(s) named above. If tip reader of this we sage is not the intended rec Wwnt, you are hmby notified firs# you roodved tins in error, and that any digin, dismbution, or copying of this commumication is strictly proh1 ted. If you bane ricadved tbb comsnuWeed n in am, please notify ffie &aft ftmncdiWIy by rWy email and delete ft massage and all copies of it. Run.- Brool s, Vivian Swih Monday, March 07, 201611.04 AM To tea'. 3erry; Caselb, mph; FftpabW Mihir; Mather, DrA; McCray, Mede ICs Simon, Michael; Rumpl, Michael ll WSCh Oman One Dear Mayor, Vice Mayor and Commissloners, lost Thursday plans were submitted to the City for the north corner of Boynton Beach Blvd. and Federa l Highway. The plans Include using the CRA property at 222 H. Federal Howay and ar portion of Dais Camelkers property. I advised Mr. Morris and Ms. Miskel that the GRA would need a Leiter of Intent (sea e -mall below) to begin the process of disposing of Ow CRA property to Mr. Camaller. To date, l have not received a Letter cf Intent. The CRA cannot sign off on the project submWbn package as owner without CRA Board approval and completIng the statutory disposal process, we will need to grt s Letter of Intent from the adjacent property owner or his designated representative, vote on the item at the next CRA Board meettrq and publish the 30 day Notice of Intent to Dispose of Real Property. I have a call Into Tara Duhy to see if we can get this on tomorrows agenda If that Is the desire of the Board. Masse respond to me Individually If you want me to add this to tomorrows agenda. Thank you. From Brooks, Vivian Sent Monday, March 07,2M6 1237 PM TO: Bonnie L Miskel (bmiskelPrlmbblaw.com), William Morris (billosoutheptorn); Davis Camalier (dcamalier8wrepik corn) Cc: Taylor, Jerry, Caselio, Joseph, Fitzpatrick, Mike; Merker, David, McCray, Maclq Simon, Mklxw Subject: CRA Board Meeting -March B, 2416 0 &30 pm If we can walk this item onto the GRA Board agenda, can either Bonnie or Bill attend the meeting to answer questions? Thank you ilrwh--, Vivie-11 From: Brooks, Vivian Sent. Monday, March 07, 2016135 PM TO: Bonnie L Miskel (bmiskelllb drnbWaw_comX William Morris (billesauthep.com), Ws 4)Mb 4PdmbhierrMnnj Camalier (dcamalier9wnepllecom) CC Taylor, Jerry. Caselfo, Joseph; Fitzpatrick, Mike. McCray, Madq Marker, Daviel; Simon, Michael Subject Ocean One A#hdwrentic Boas Drml Purchase Request Itr.pdf, Notice of Intent to Dispose of heal Property.pdf Tracking: Radpbart 001140Y RNd Bonnie L Misbal 4)Mb 4PdmbhierrMnnj WHOM Monis {bd1*20U0,CP,W} Dasts Comelier (dc@mWW0wre01a=W Twor, h"Y Caswi%Joseph durmnd: 3/7=616 Fm Rud:3R/2MG 3:51 PM Fizpabirk Mika Ddk efe& 3/fAH 1:36 PM MGCray, Made Dblivened: 3/7.61:36 PM mwbw,, DP* Ddvanad: WI/Y0161:36 PM Reed: 3171207.6 X4:05 PM sfmcff4 Michas! DPJKw d: 3{6/2016 7:U PM Road 3/F/20161:36 PM TaykwJ®bbd.us Dermwwf: 3/7J201$136 PM Hi Bonnie, our attomey advises me that I can add the Letter of Intent to tomorrow n*Ws agetWo as well as the Notice of Intent to Dispose, i have attached a real example of an LOI that the CRA received and acted upon and the subsequent Notice of intent that was published. Please send the IAl as scan as possible so that I may prepare the agenda items. Thank you. 1 i ATTACHMENT 3 entg� t�nr�„y 8nruue hl�s:�.r: {;•rw��ytp [, RPGNCfSRV, 1tvaP 4`,°, Gsliivur �tinatra• u+llrn March 8, 2416 Ms. Vivian Brooks Executive Director, Boynton Beach CRs iM N. Fed" Hlghwey hiWnWn Beach, FL 33935 Re., Boynton Beach CRA Property for Ocean One Southeast corner of Boynton Beach Boulevard and federal Highway ("Property") Deer Ms. Sroo ks On behalf Of the PrPperty Dwner, Ocean One Boynton, ll_C ("Property Owner"), I appreciate your time In carrshdering this submission to redevelop the Property rsfmnmd In this lacks>e, with an 8 -scary, 730 residential unit and 4675 square feet of retalt mlaed use project f"prokce). My dent believes in Investing In urban redevelopment and Is especially excited to vrark with the Baynton Reach CRA In an elforttDacccmpllsh the goals ofthe Cltyand CRA's strategic plan by redevelopingthe site with the Project. The Project W§l Contribute to the red+evalopmerd of the area by not only proWIng a significant invesh"rit lrrto the community by creating jobs and In reaping the tax base, but by provlding upscale retail as well as brings new upscale busing downtown to the area with more disposable Income for the surrounding businesses. The Property Owner owns the larger property to the south, which is Immediately adjacent to the Boynton Beach CRA small parcel, By consolidating the parcel, the CRA will end up with a unified development covering the entire block. The Project is the first phase of radevelopm nt of the overall block, More commercial and residential is Planned for the second phare. 7o construct the Project, the Property Owner is Seeking the support and afrproral of the Boynton Such CRA to sell its pard to the adjmnt owner. The parcels collectively contain appraydmstefy 86,309 square feet or 138 acres, and are located at the southeast comer of Federal hlghrvay and "ton Beach Boulevard, Bayrston leach, Florlde. Land costs for the assemblage have turned out to be far In excess of the market value of the land It elf, therefore Property Owner is proposing thatthe CRA sell Its propertyto the Property Owner at the nominal rate of ten dollars. Attached to this request are the proplased elevations and site plan for the Project as wegas the folio card and an serial showing the location. 9 YOU elegy any addlWanal kft mftn, please de riot hesitate to call. Sincerely, BannIe MWmi, Esq. BMlrmmr 1A r.w : 4fi� t its-ei,1411jr- U, Rut n fialon, 3 {f 2z lRlc 44:14115-:53011 I5F 1I409 "tt •� 1 t+nv+i dInGlN.nv.cm;st 11 f - SPR Wu'r1 FEW Inn no wa an rmNim. LR7iamm. usRoD 040 F 5 rrim Ell 11,11 P: S"rq m tuft = C:nl OUR p4.RRi AN Im Yd "ipa+19my xYar lift �D Y$Ot�I�B� N1Ifld• K'd�IO�Noup000 OW i!' R �d A' ,7°ori .tF•i � •C � R � �. A •i . Ly LIMAM n^ Iy IRS U __ z i firC•Jr1•ia! mala wprN Mars %w low art SY V VSO NR- NVi(M'V t- KINDapp � � o v_.... _._ ..� WT-9,rm �• 1�� v re as c ow, 't t 0'is ra ;13+' logo .7 ME i� cz se:n . fr Yd tpwqwv -suo Mwe�d 5ti$5r4' 1 Ni'Jl�• NYAC� C• NSB03 sopmw mm Yd EKY -W re %�� OS$Y i►1MrJu� • MY�tiB�i • �I10� WPM WM Pam on WM A'k 6W Yd WPRSPW ti �ra�um� ma• Hmmu• AtaHtKs I BUD Wci OM Address 714 N FEDERAL HWY hlaelctpollty KWNTON BEACH PVWICVft*INUmW 08-43.45-27-01 D0040410 Subdlvlslon DEWEY9 suB IN Of dal Ruwds look 28+011 FPO* 847 frh VON DEC -201 S p13NEY5 SUN LT 41 0.E55 N F 13 M. HWY, E OCEAN AVE. E 25 FT NE 6TH CT i SE RTN CRYAREA P4WSj A OCEAN ONE BOYNTON LLC 1529 K ST NW STE 1200 WASHINGTON DC 30006 1694 xcrn E `E7; IJ:6 Cod# MOMERGAL OEC -201 5 $10 28011 /0847 QUIT CLAIM FEB -2005 59,000,000 19193/1325 WARRANTY DEED DEC -1997 $1.700,000 10134/1078 WARRANTY DEED DEIC-1997 $100 10134/1075 QUIT CLAIM No Exemption lnfarmoon Avdleble. OCEAN ONE Boyf l"W+I LLC ONE BOYNTON LLC ;ftin, WIT el Ulft 0 t"°rq 7up 0 PjroW 3.0130 IJ:6 Cod# MOMERGAL T-&::tr r CBD - CentrsE Bualnaas (0840YNTON REACH �r� fl►�n! �+NM! $36,428 2014 $37,567 apt i�pae Ydue 52,01.169 $3,347,360 536,735 $2,362.842 TSI i ►¢r:'� ;�� 52,587,597 $2,800,000 52,399,577 AN wdrra en u of juwwy 1st each year GFW TKt r 2013 2014 2013 52,697,597 52,539,535 S2,389,Sy7 rtrr-4-Vm Arks 'F1�snrbfa s0 $0 50 :din! $2,687,597 ;209,535 $2,399,577 :'ter 2815 2014 ; �r Q P,r �,s, 160,302 $85,420 554„464 1.4 $4,957 rS4,957 54,310 %oma; Tm $63,259 $70,377 $58,779 Homestead exemptia.. Location Address 222 N FEDERAL HWY ` Mank Wlty BOYNTOW BEACH FS" Cantrel 1r 0&43.45.27.02-000.0010 Sobdlulslan FUNK BROS ADD IN QMCla1 Rents Im* 14347 Page 1565 *Sale DNA OC 2002 .... FUNK BROS ADD LT ] LYC S OF BAQI'Til NE 2ND AVE I LM E 25 FT NE 6TH CT, W 25 FT & RfN C1tV AREA N FEDHWY R/W$) & LT t BOYNTON BEACH CRA 710 N FMERAL HWY S" BOYNTON BEACH FL 33435 3910 r am Price c` i r•. r; srq ,�"7." OCT -2002 $900,000 14347/1565 WARRANTY DEED BOYNTON BEACH CRA APIC -1990 $570,000 06409/0956 WARRAPM DEED MAY -1 989 $570,000 06347 /0182 WARRANTY DEED DELA 981 5490,000 03539/0775 WARRANTY DEED DEC-] 980 $426,000 03418 / 0912 WARRANTY DEW a � 0� you l BOYNTON BEACH CRA 2076 FU L: CRA'S AND DMA'S wimbe: a rmis 0 'Tote, :s5;g a . z+, 0 +4cm 0.4748 7,V : 8900 MUNK:IPAL Zbm4ig C11D - Central Busimu (0&BOYN'M REACH) , m T -" ry %:�- . 2014 $0118 so s0 $11,491 $532,716 3527,M2 5413,680 �'"8� "�F•„"+�'+ $532,716 $527,442 $425,171 All values are as ofjmmory 1 at each year Zvi 2014 $514,457 x487,688 - S425.171 $514,457 $457,$88 $425,171 ;'w� •�r 6B11 $0 $0 so 2014 2012 so so so so s0 s0 "• "� so so so CRA Board Meeting Tuesday, March 8, 2016 @ 6:30 pm City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 REVISED AGENDA I. 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 VL 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. Announcement® & Awards: A. Music on the Rocks B. Movies in the Park C. 24 Annual Boynton Beach Blarney Bash VIII. Consent Agenda: A. Approval of Minutes -- CRA Board Meeting Febmary 9, 2016 B. Approval of Period Ended February 29, 2016 Financial Report C. Monthly Purchase Orders UL Pulled Consent Agenda Items: X. Information Only: A. Public Comment Log -None B. Marketing and Business Development Campaign C. Media Regarding the Heart of Boynton Neighborhood Policing Program XL Public Comments: (Note: comments are Iimited to 3 minutes in duration) XII. Public Hearing: None XIII. Old Business: A. Consideration of Entering into Interlocal C~xrant Agreement between the City of Boynton Beach CRA and Solid Waste Authority of Palm Beach County and Allow the CRA Executive Director, Vivian Brooks, to Execute the Agreement on behalf of the CRA Board. XIV. New Business: A. Consideration of Interlocal Agreement (ILA) between the City of Boynton Beach and the CRA for the Property Maintenance of the NE 4th Street Perking Lot B. Consideration of Approval of Interlocal Agreement between Boynton Beach CRA and the City of Boynton Beech in Regard to the Solid Waste Authority of Palm Beach County Grant C. Consideration of Performance Audit - Boynton Village, LLC - The Preserve D. Consideration of Approval of PRH Boynton Beach, LLC's performance Audit for Year Ending December 31, 2415 for the Casa Costa Project E. Consideration of Purchase Agreement between the CRA and David Hargrove for the Property Located at I46 NW I I d Avenue as Part of the Model Block Project F. Consideration of Letter of Intent from Ocean one Boynton. LLC for ['RA -Owned Property Located at 222 N. Federal Highway G. Consideration of Publication of a Notice of Intent to Dispose Real Property for CRA - Owned Property Located at 222 N. Federal Highway XV. Executive Direetor's Report: A. CRA Advisory Board Packet for 313/16 B. Recap of CRA Plan Consolidation Workshop held 3/2/16 XVL Future Agenda Items: A. Consideration of Purchase and Development Agreement between Ocean One Baynton, LLC and the CRA for 222 N. Federal Highway XVIL Adjournment NOTICg EFAPERKKDBMESToAPPEALANYDBCISINMADSBYTETECRABOARD WD'H1E5F CPToANYMATTERCONSEDFREOATTHISMFF!1NGyHE/IIVE WILL NEED A RECORD OF THE PROCHEDI m AND, PDR SUCH pURppgpy HB/SF>B MAY NEED TO IiNEIIRE THAT A VERBATIM RECD OF THE PROCI�B]MO IS E. WH[CH RECORD DR LZJDES THE 7!?8TD4ONY AND BVMWKE UKIN WHEY TH$ APPIBALIS TO BB BASBD. (F.1 M.0105) TETE CRA REiA L FURNIM APPROPRIATE AUXBTARY AIDS AND RMVI(,= WHERE NBCEnARY TO AFFORD AN INDIVIDUAL WITH A DISABII TY AN EQUAL OPPORT MM To PARTICIPATE W AND ENJOY THE BEN9M OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTM BY TBE CITY. PLEASE CONTACT THE, CRA AT(S61) 737-3256 AT LzuT TWFNI'y-FOUR HDEIRS PRIOR To THE MIffi[AIO no[iRAM OR ACTIVITY na ORDER FOR THS CRA TO REASONABLY ACCOMMODATE YOUR RBQUBSf. ADDMONAL AGENDA nW" MAY BE ADDED SUBSEQUEM TO nm PUBLICATION Cr TM AGENDA ON THE CRA'S WEB EIEIE. ENFORMATMN REOARAINO rFENS ADDED TO TEES AGENDA AFTER ET IS PUBLESIED ON THE CXNS WEB OFFICE 8R8 CAN HE OBTADE® FROM THE CRA CRA CRA BOARD MEETING F: March 8, 2016 BUS109JX Now AGENDA NEN.- xlv a. $UWECT: Consideration of Publication of a Notice of IrA*nt to DlepOW Regi arty for CRA, Owned Property Located at 222 N. Federal Highway SUMMARY: If the CRA Hoard awffil is Ocean One's Lett of intent for the CRA'a at 222 N. Faderai Highway, a Notice of intent to Dtspuee Real Prod NW p In a cewapaper per FSS 183.3. Attsdud is the PmPosed Naiatoe of Intent to l ar'd pe property. ed Property. FISCAL IMPACT: N1A CRA PLAN! PROGRAM OR PROJECT: Downtown Melon and A+laster Plan RECOMMENDATIONS: App ow Issuance and pubiirs tion of the atlached Notice of Intent to Dispose Real Property. VIVIan L. Brooks l xecudit Director TT� � CONSW A.1 wrmLy Mpo� Amw. rrm Req." Fom by I,r , B.dIF1• - 2otbwaeo6 irdwt on. oo 130YMIIOX BEACH CGWMNrI'Y" REDEVELO PME NT AGENCY NOTICE QF INTENT TCi I]I OF RF L PROM TV feclian 1 3.38 F This zfice is boing publiehed to fY the procedural teguirement for activities to be u by the yn Beach Cor�nmity Redevelopment may, a public agmy created. p� to Chapter 163, Part of the Florida Statutes. III, PuMMt to Section 163.380(3)(&), %Dr ida Statutes, the goyntaai Bei Coiter ltedev y CCRk) hereby P�novides not ve of its intent to dispose of a pumel afr ed pmpercy, pursuant � �x i oyMotecf as Beach �tY elopmd icy Board an > 8, 2016 which paid is more � y 222 North Federal l-rg , Boynton Beack, FL 33435 PCN- 8-43-45-17-02400-0010 LEGAL DON. i1AXENPROM WARRANTYDEED DATED DEER 4, 1981) L02S 1 AND 2, F.J PT 2TM F AST25.00 FBATTMREOPAND EXCEPTTM W'ST 23,00 FEET THERB`O.F, ASSHOWN UPON TUPLATEWMLED "AGREEAMTPLAT" SHOWING PROPER.TYIN TIN NO MWEST QUARTER (M.W 114) OF 22M X0,R2HWMT Q?UARTBR (XW- 114) OFSEWON 27, TOWNSWP 45 SOIIM. RANGE 43 EAST, IN22IE TOWN OFBOYN2 YM64�I, FLORMA, WHICH PLATISRECORDED INME 0FFXE0FTBxCZ= OF 2Aff CIRCU]TCOURT ]NAND FOR PALM BEACH COUIV2T'; FLOR]DA,1NPL AT WOK I p, PAGB 2,. LESS RIGHT OF I�AY CONYE W 70 UM STATE OF FLORIDA, AS MORE PARTICUf,,t nY DZSCRMM lNOFFICIAL RECORD BOOK 564, PAGE 180- PUBL]C RF�CORDSOFPALM BEACH CCIUNT, FLOMMA; SAM Law srruA.TELYING AMB2WGAVPALM BBACHCOUAW, FLORIDA. ` SiI.BMCT TO PMMC.7YOM RESERYAMN2% BASEJMn AND COVENANTS OF RECORD, IF ANY, 2'1 TMF.XTB T 77MMAMARE VArjaAND,x`,iYFORGF.r1BI,E. DESQUPTT0N. (AKMV FROM SPECUL WARRAN77DEED DATED OCTOMR.3,1960M OFF'I= RECORD BOOK 564, PAGE 180) L02S t AND . ACrREF•M1*`N2'FiAT, ,ACCORDING To THE PLA?' TIREpFAS RECURDBD 1NPLA2' BOOR 10 .4T P14Gfs Z OFTUEPUBLIC RECORDS OFFALMB&ICH COUNTY, FLQRID.�t; BEING ALSODESCCRIBED AS LDTS 1 AND 2, FUNK RROkS ADD yoNPER PL.4TBOOirC2, PAGE I3; WH]C1Y LIES#77HW50.00FEET EAb'TEMYOFTBE WESTLMOFSECTION27, TOWAWZP 45,yoEgH, RANGE 43 EAST, AND 7MTPART0FT21EAF0RKMM70NED LOT IOFAGREMMNTPL4T WHICFILSIN(L£IDEDI11aTIM EXTERNAL AREA FORAM BYA 12 FOOTRADR S ARE TANG NT TQ THE NORTIf LW1s OF',SAID LOT' MM 13.00 FEET SOUTH OFAND PARALLFL TO TJM NORTHLIlVE OFSAM SECTION27) AND TANGENT TO ALM 50 00 FEETEAST OFAND PARAULFZ TO TI WEST LFVE OF SA]D SEMON 27 SiTI CT TV 27M EXAT"G RIGBT-OF-WAYFOR STAMROAD S, SAID►P-IRM CUNTAMG 0.062 OF "A CRA MORE OR LMS i�W s Exc T rrlolM ROAD RrGxrOF WXFFORXE 2NDAVENUE (T FROM BOUNDARYSURVEYDATED IWI2,-2009). AtOPEPARTICULARLFDAW.MMd$FOLLOWS. COLDIENCINO AT THE NORT wmTCORNER OFLOT 1, AGRFEMLENT PW,, ACCORDING TO THE PLAT THEREOF' -4SRECORD$p 1N PLAT BOOK10, PAGoFi 2 OFTHB PUB=RECORDS OF PALM BCH COUNTY, FLORIDA: TBii,NM AUNSOUTH 89DEGRM 4.i'00 -EAST ALOM TIM NORTHLM OPMM LOT], A DISTANCE OF37.28FEET To A POINT ONYM SOUTH RIGHT OF WAYLINE OFN.K 2ND AVENUE ASNOW L41 D OUTAIVD 7, POW OFA; ME CONTINUE SOUT�M89DEGREES 45' 09"EABT ALONG SM SOUTH RIGJYT OFWAYI.INEAND RIALONG TTIE NORTHLINE OF LOT 1, A D13TANCE OF 234.12F '70A POINT ONTf1E WB& GHTOF WAYLMOFMA C66&ASNOWLAM OUT• 23'56" IAS"!; .BONG SAID FYFST RIGHT OF WAY RUN ,�UTTIOI DEGRE$S 54.8p FFM TO A POINT Op CURYATU"' CONCAVE T o THE' NORTHWE,STMM CUR � BVQ AFRADJAy BSG OFSOV2H 88 DEGRZM 36' 04" S'W, T KNCE RUN ALONGTTIE ARC OFMM CURVE TO T FEMPTA MYTANCE OF 40.02 FEET To TTS PAINT OF MGM, SAID CURVE HA Y111 �i A R�lDItTS OF x5.00 FEW A M RALANGLEOF91 DEGAM42'50 ; A CHORD BERRM 42FNORM47DLGRM 15' 21" WF. T ANDAClIOIRDDA1ANCE OF35.88Fi'T; T13ENC,ERRAItWM8dDEGUW 53'I4" WRff,, A DISTANCE OF 41.94 FEE!'70 A PO.BM; T"NCR AUN NORTH 76 DEGREES' 26,5g.. WF�'l; A DZTAWN OF $0.34 FW. 77MMEA&W NODI H89 DBGRM 45'09 - WMT, A DATANCE OF 129.70 .4RC 0FSd1DyE T1D THELFA<'i'A CE DF�T,• TRUNALON0 M OF WAY LAS OFSTATB ROAD NO..i T O A POINT ti.N THE FAST RIGHT HAYING A EDERaL IffGHWAYj ASNOiVLrIID OUT. S'4JD CVRF RADIUS OF 20'00 A CSL "OLE Of 91 DEGRFMI7'55" A CROWD � OFSO= 44 DpaGRM 35'53" WMT AM A CHORD D)VAV= OF2&d0FEL7% T CaERUN NORM01 DEGREES 03'04" WE<S7' ALONG MM EAU R)Mff OF WAYLMA DZT� OF29 69 FAY YV A POIIYT OFCVRYAT'URE TO TTIE ,1VM�. nMW RUN ALONG TYIS ARC OFS&D CURVE 7V TIM RIGHT A DISTA,NCfs OF 1912 FEET TO TIYEPOBYT OF BWMWG, SAID CUR VEHAFMG A RADIUS OF 12 00FE&T, A C$NTRALANGLE OF91 DEC 17 .16 ; A C+�iC#7Rp OFNDRTII 44 DROREES 35'54" LW AMD A CHORD DAWjWB OF i7.i6FL�B'T. This tn�eot b dispose of mal pwpeetq a� t� Pg&M p MM of • _ mb for a mu mi4me dovo Zine Mwnb" Xrmdo n d Madw Phn may be viewed at die PmE ies &* n dDd is mfg POPS for the above pwp" must mbmit a pmposd Publiaadw of this nod Additional fi or nam cd tO the ia� to �+ithia 34 days ai ' 710 North Falcral Hi*Way, DO3� Heac1�, Flotide, 33435, T d may ba obi from the CRA Nrum iobea• (561) 737-3256. ATTACHMENT II Simon, Michael From: Tara Duhy <tduhy@llw-law.com> Sent: Friday, February 3, 2017 11:22 AM To: Simon, Michael Subject: Fwd: Sending: Purchase and Development Agreement BBCRA edits. 01-26.2017 (00751286-3).doc Attachments: image002 jpg; image001 jpg This just in Tara W. Duhy Lewis, Longman & Walker, P.A. (561) 640-0820 Begin forwarded message: From: Linda Devito <Idevito@dmbblaw.com<maHto:Idevito@dmbblaw.com>> Date: February 3, 2017 at 11:21:01 AM EST To: Tara Duhy <tduhy@llw-law.com<mailto:tduhy@llw-law.com>>, Bonnie Miskel <bmiskel@dmbblaw.com<mailto:bmiskel@dmbblaw.com>> Cc: Ruth McGlynn <rmcglynn@dmbblaw.com<mailto:rmcglynn@dmbblaw.com>>, Davis Camalier <dcamalier@wrepllc.com<mailto:dcamalier@wrepllc.com>>, Mike Ross <mross@wrepllc.com<mailto:mross@wrepllc.com>>, Gary Dunay <gdunay@dmbblaw.com<mailto:gdunay@dmbblaw.com>>, Linda Devito <Idevito@dmbblaw.com<mailto:ldevito@dmbblaw.com», "bill@southcp.com<mailto:bill@southcp.com>" <bill@southcp.com<mailto:bill@southcp.com>> Subject: RE: Sending: Purchase and Development Agreement BBCRA edits. 01-26.2017 (00751286-3).doc This email is sent on behalf of Gary S. Dunay, Esq. Tara, we are fine with the changes and we would like to circulate the Agreement for execution so it can be placed on the next CRA agenda for approval and execution by the CRA. Please advise what steps are necessary. Our client is working on the finalization of Exhibit "XX" showing the public plaza and we should be able to submit that to you early next week. Linda DeVito Dunay, Miskel and Backman, LLP 14 S.E. 4th Street, #36 Boca Raton, FL 33432 Tel: 561-405-3300 Fax: 561-409-2341 DOD: 561-405-3329 Idevito@dmbblaw.com<maiIto: Idevito@dmbblaw.com> Due to the overwhelming amount of fraudulent cashier's checks circulating in Florida, we will require all cash to close to be tendered in the form of a wire transfer. Internal bank transfers or ACH Credits will not be accepted. Our wiring instructions will be sent with every closing transaction and are available upon request. Thank you. [dmb-logo-email] The information contained in this email is confidential and privileged, and is intended only for the use of the individual(s) to whom it was addressed. The contents of this email may be protected from disclosure and dissemination by local, state and federal law, including Chapters 18 and 47 of the United States Code, and Chapter 934 of the Florida Statutes. If you are not the intended recipient or if you have received this email in error, do not read the contents, immediately notify the sender by return email, and permanently delete this email from your records. Thank you. From: Tara Duhy [mailto:tduhy@llw-law.com] Sent: Thursday, January 26, 2017 4:12 PM To: Bonnie Miskel <bmiskel@dmbblaw.com<mailto:bmiskel@dmbblaw.com>>; Linda Devito <Idevito@dmbblaw.com<mai Ito: Idevito@dmbblaw.com>> Cc: 'Simon, Michael'<SimonM@bbfl.us<mailto:SimonM@bbfl.us>> Subject: Sending: Purchase and Development Agreement BBCRA edits. 01-26.2017 (00751286- 3).doc Bonnie - Attached, please find the marked up Purchase and Development Agreement. I did some technical cleaning to reduce duplication of issues and other consistency edits, but I believe few are substantive in nature. There are some substantive changes, and I am available most of the day tomorrow if you want to walk through the document together. Tara W. Duhy I Executive Shareholder 515 North Flagler Drive, Suite 1500 1 West Palm Beach, Florida 33401 tduhy@Ilw- law.com<mailto:tduhy@llw-law.com> 1 561.640.0820 vCard<http://www.11w- law.com/files/vcards/Tara_Duhy.vd> I Website<http://www.11w-law.com/> I Bio<http://www.Ilw-law.com/attorneys/tara-w-duhy/> I join us online<http://www.11w- law.com/about-us/join-us-online/> Pi PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "SELLER") and OCEAN ONE BOYNTON, LLC ereinafter, "PURCHASER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER, and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property which consists of a parcel located in Palm Beach County, Florida (4he '*Fe eAy-2' asnd more particularly described as follows (hereinafter, the "Pro e " See Attached Exhibit "A". 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Ten Dollars ($10.00), receipt of which is hereby acknowledged. The parties agree that SELLER is conveying the Property to PURCHASER for the construction of a mixed- use development with at least 200 residential units as described on Exhibit XX (the "Development Project"). SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSIT. $1,000.00 to be aid to Closin A ent as hereinafter defined within five (5) days of the Effective Date which shall be [refundable/nonrefundable] unless otherwise provided herein. 4. EFFECTIVE DATE. The Effective Ddate of this Agreement ' cue Dme")shall be the date when the last one of the SELLER and PURCHASER has signed the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close within thirty (30) days from approval by the City of Boynton Beach of the PURCHASER'S S -site Pplan Application No. for the Development Project with conditions acceptable to PURCHASER hereinafter, "Site Plan" a' he "r leesii ! unless extended by other provisions of this Agreement or by written agreement, signed by both parties�aendiffig the Cie.si3ig._ Notwithstanding the foregoing, the Closing shall occur no later than one ear from the Effective Date. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Special Warranty Deed in tea form substantially in accordance with Exhibit "B" attached hereto, and 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 46751286-3 P:IWpDocslOcean One BoyntonTurchase & Development Agreement9 PURCHASE AND DEVELOPMENT AGREEMENT Page 2 of 22 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 i Seefi ,r ''hereinafter defined), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. The deed reefftainsthe estfi : et fe#h oil Exhibit t"$". 7. INVESTIGATION OF THE PROPERTY. Within thirty (30)days of the Effective Date ("Feasibility Period"), PURCHASER and PURCHASER'S agents, employees, designees, cContractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this contract. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, cwt to sueh distwbanee as was reasonably neeessafy or- eafwenien4 in the testing and investigation -of the -repel; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER (without representation or warranty), at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation (other than proprietary information prepared solely by Purchaser). PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (siibjea to the 14nitation on pr-ae6eability provided arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Seller's Documents. SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within thirty (30) days of the Effective Date ("Title Investigation Period"), PURCHASER shall obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in an amount to be determined subject only to the Permitted Exceptions, together with complete and legible copies of all 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 3 of 22 instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than the end of the Title Investigation Period, notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"). If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, SELLER shall have thirty (30) days to attempt to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). It is understood by the parties that SELLER shall have no obligation to incur costs or initiate legal proceedings into addressing 4i, --PURCHASER'S Title Objections. In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit, if any, shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURHCASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 11100th of an acre. If the Survey discloses that there are encroachments on the Property or that improvements located fiherewi n the Property encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 8.1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. DR75128&3 PURCHASE AND DEVELOPMENT AGREEMENT Page 4 of 22 8.2 Condition of Property. The Property is being sold in as -is condition. 8.3 Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4 Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5 CRA Approval. The closing of this Agreement is expressly contingent upon the final approval by the City of Boynton Beach of the Site Planfor- the "e-i,elopffi nt prejeO_ CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed. A Special Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. consistent with Section 6 of this Agreement.-. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non -foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above or any other document reasonably required by the Title Company, the same shall be deemed an uncured Title Objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and proration between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall a1se execute an deliverat Cle v�wvuw uaau 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 00751281~3 PURCHASE AND DEVELOPMENT AGREEMENT Page 5 of 22 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES 10.1 Prorations. Taxes and assessments, if any, for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. 10.2 Closing Costs. PURCHASER shall pay for documentary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). Each party shall be responsible for their own attorneys' fees. The PURCHASER shall be responsible for the payment of the survey and the title insurance searches and policies. 10.3 Closing Procedure PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent designated by PURCHASER, the Closing Documents. The Closing Agent shall, at Closing, deliver the Closing Documents and a "marked - up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 Existing Mortga es and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES 11.1 Seller's Re resentations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.2 _Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 00751266-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 6 of 22 12. DEFAULT. 12.1 Purchaser's Default. In the event that this transaction fails to close solely due to PURCHASER's refusal to close after obtaining an approval of the Site Plan by the City, PURC14ASER fails to „ r,.,,...... ae ,.Fda __ herewith and such failure to close is not a, -a result of a SELLER's default or a title/survey defect, subject to the provisions of Paragraph 12.3 below, SELLER may terminate this Agreement and be entitled to retain the Deposit, following which neither PURCHASER nor SELLER shall have any further obligations or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER -,ARA -net thee- = is The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) da, s' notice fi•om the SELLER, the SELLER may terminate the Agreement and retain the deposit. 12.2 Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may (i) seek an action for specific performance; (ii) seek damages not to emeeed PURGHASE-R'S deeumeiAed out of peeket eEpeases; or (iii) terminate this Agreement wherein the full d osit shall be returned to PURCHASER and neither Party shall have any further rights hereunder. 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non -defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non -defaulting Party may exercise the remedies described ahe,�ein this Section 12- 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 7 of 22 Interim Executive Director, Vivim & B ee"Michael Simon 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Tara Duhy, Esq. Lewis, Longman & Walker, P.A. 515 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 If to Buyer: William Morris Ocean One Boynton, LLC 777 E. Atlantic Avenue, #100 Delray Beach, FL 33483 Mr. Davis Camalier 1629 K Street N.W. Suite 1200 Washington, DC 20006 Mr. Michael Ross 9804 S. Military Trail Suite E 11 Boynton Beach, FL 33436 With a copy to: Gary S. Dunay, Esq. Dunay, Miskel and Backman, LLP 14 SE 4h Street, #36 Boca Raton, FL 33432 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or PURHCASER may accept the Property without any reduction in the value of the Property. 16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 8 of 22 character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 17. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. In addition, SELLER has not received any notices of any violation of environmental condition or other notices of violation of municipal ordinances. 18. DEVELOPMENT AND SALE OF THE PROPERTY SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing a mixed-use project at the northeast corner of Boynton Beach Boulevard and Federal Highway. 18.1 Seller Design Approval. The PURCHASER and SELLER acknowledge, +, tht feyit-wi ; " ! E• :; k,e 8 i i y-Phoft.. that the SELLER has reviewed the the -pprove the Site Plan and finds the Site Plan acceptable and consistent with the CRA Redevelopment Plan. Provided the Site Plan meets_ all applicable_, tsde_ velopment and buildings codes upheld by the City of Boynton Beach and provides a minimum of 200 residential units, SELLER'S design approval shall have been met. 18.3 Development Timeline. PURCHASER has misfiled its Site Plan with the City. PURCHASER agrees to diligently and continuously pursue approval of the Site Plans and all other necessary approvals until the first building permit has been issued for the Development Project. PURCHASER agrees to commence construction of Phase 1 of this e Development Project eenePwithin difee 4)two 2 years from the date of closing hereunder hereinafter "Construction Commencement Period" : T" �-'-'��:,,�, Oence the first building permit is issued for the Development Project, PURCHASER agrees to diligently and continuously pursue completion of construction of the Development et to lrfig of the i=��e�Proiect, mer -subject to force majeure and other matters beyond the reasonable control of PURCHASER. If PURCHASER fails to commence construction within the timeframe set forth herein PURCHASER shall be obligated to commence construction of a public plaza the "Plaza" on the Pro-perty Pro-pertcontainina benches walkways and landscLaping in accordance with Exhibit "XX" attached hereto and made a part hereof by reference no later than twelve 12 months after the ex iration of the Construction Commencement Period. 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 9 of 22 18.4 Survival. The provisions of this Section 18 shall survive the termination of this Agreement. 19. MISCELLANEOUS. 19.1 General. This Agreement and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 19.2 Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. For pumoses of this Agreement Business Days shall mean Monday through Friday but shall exclude state and federal holiday 19.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 19.4 Construction of A eement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 19.5 Severability. If any provision of this Agreement or the application 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 10 of 22 thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 19.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflict therewith. 19.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 19.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 19.1 U Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 19-11 Npn��L The z undeAakiags ef SEL47ER set fo#h in this Agreement, shall survive dw Closing, the deliver -y and meer,ding of the SELLER Pfepetly Deed and PURCHASER'S thePrepffty.- 19.12 SELLER Attorneys' Fees and Costs SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. 19.13 Public Records. SELLER is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 11 of 22 d. Meet all requirements for retaining public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. PUR`I 00751286.3 PURCHASE AND DEVELOPMENT AGREEMENT Page 12 of 22 IN WITNESS WHEREOF. the Parties have executed this Agreement as of the Effective date. BUYER OCEAN ONE BOYNTON, LLC By: Print Name: Title: Date: Witnesses: Approved as to form and legal sufficiency: CRA Attorney 00751286-3 SELLER BOYNTON BEACH COMMUNITY REDEVELOMENT AGENCY By: Print Name: Steven B. Grant Title: Chair Date: Witnesses: PURCHASE AND DEVELOPMENT AGREEMENT Page 13 of 22 EXHIBIT "A„ LEGAL DESCRIPTION LOTS 1 AND 2, EXCEPT THE EAST 25.00 FEET THEREOF AND EXCEPT THE WEST 25.00 FEET THEREOF, AS SHOWN UPON THE PLAT ENTITLED "AGREEMENT PLAT', SHOWING PROPERTY IN THE NORTHWEST QUARTER (N.W. 114) OF THE NORTHWEST QUARTER (N.W. 114) OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, IN THE TOWN OF BOYNTON BEACH, FLORIDA, WHICH PLAT IS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 10, PAGE 2; LESS RIGHT OF WAY CONVEYED TO THE STATE OF FLORIDA, AS MORE PARTICULARLY DESCRIBED IN OFFICIAL RECORD BOOK 564, PAGE 180, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS AND COVENANTS OF RECORD, IF ANY, TO THE EXTENT THAT SAME ARE VALID AND ENFORCEABLE. DESCRIPTION: (TAKEN FROM SPECIAL WARRANTY DEED DATED OCTOBER 3, 1960 IN OFFICIAL RECORD BOOK 564, PAGE 180) LOTS 1 AND 2, AGREEMENT PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10 AT PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING ALSO DESCRIBED AS LOTS 1 AND 2, FUNK BROS. ADDITION PER PLAT BOOK 2, PAGE 13; WHICH LIES WITHIN 50.00 FEET EASTERLY OF THE WEST LINE OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST; I1R7 THAT PART OF THE AFOREMENTIONED LOT 1 OF AGREEMENT PLAT, WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 12 FOOT RADIUS ARE TANGENT TO THE NORTH LINE OF SAID LOT (BEING 15.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 27), AND TANGENT TO A LINE 50.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 27. SUBJECT TO THE EXISTING RIGHT-OF-WAY FOR STATE ROAD 5; SAID PARTS CONTAINING 0.062 OF AN ACRE, MORE OR LESS. AND LESS AND EXCEPT ADDITIONAL ROAD RIGHT OF WAY FOR N.E. 2ND AVENUE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, AGREEMENT PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: THENCE RUN SOUTH 89 DEGREES 45'09' EAST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 37.28 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF N.E. 2ND AVENUE AS NOW LAID OUT AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 4509" EAST ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG THE NORTH LINE OF LOT 1, A DISTANCE OF 254.12 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF N.E. 6TH COURT AS NOW LAID OUT; THENCE RUN SOUTH 01 DEGREES 23'56" EAST, ALONG SAID WEST 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 14 of 22 RIGHT OF WAY LINE, A DISTANCE OF 54.89 FEET TO A POINT OF CURVATURE, CONCAVE TO THE NORTHWEST SAID CURVE HAVING A RADIAL BEARING OF SOUTH 88 DEGREES 36' 04L WEST; THENCE RUN ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 40.02 FEET TO THE POINT OF TANGENT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91 DEGREES 42'50', A CHORD BEARING OF NORTH 47 DEGREES 15' 21' WEST AND A CHORD DISTANCE OF 35.88 FEET; THENCE RUN SOUTH 86 DEGREES 53' 14" WEST, A DISTANCE OF 41.94 FEET TO A POINT; THENCE RUN NORTH 76 DEGREES 26'58" WEST, A DISTANCE OF 50.34 FEET; THENCE RUN NORTH 89 DEGREES 45'09" WEST, A DISTANCE OF 129.70 FEET TO A POINT OF CURVATURE CONCAVE TO THE SOUTHWEST; THENCE RUN ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 31.87 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STATE ROAD NO.5 (FEDERAL HIGHWAY) AS NOW LAID OUT; SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 91 DEGREES 17'55", A CHORD BEARING OF SOUTH 44 DEGREES 35'53- WEST AND A CHORD DISTANCE OF 28.60 FEET; THENCE RUN NORTH 01 DEGREES 03,04" WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 29.69 FEET TO A POINT OF CURVATURE TO THE NORTHEAST; THENCE RUN ALONG THE ARC OF SAID CURVE TO THE RIGHT A DISTANCE OF 19.12 FEET TO THE POINT OF BEGINNING, SAID CURVE HAVING A RADIUS OF 12.00 FEET, A CENTRAL ANGLE OF 91 DEGREES 17'55', A CHORD BEARING OF NORTH 44 DEGREES 35,54- EAST AND A CHORD DISTANCE OF 17.16 FEET. 00751266-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 15 of 22 SPECIAL WARRANTY DEED 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 16 of 22 RECORD & RETURN TO; Gary S. Dunay, Esq. Dunay, Miskel and Backman, LLP 14 SE 4th Street, #36 Boca Raton, FL 33432 Property Control No. SPECIAL WARRANTY DEED This Indenture, made this day of , Between Boynton Beach Community Development Agency, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, having a mailing address of 710 N. Federal Highway, Boynton Beach, FL 33432, Grantor and a having a mailing address of 1629 K Street, NW Suite 1200, Washington, DC 20006, Grantee. WITNESSETH, that the Grantor for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Palm Beach, State of Florida (the "Property"), to wit: SEE EXHIBIT "A" ATTACHED HERETO The Property conveyed herein is subject to the following restriction: The Property set forth on Exhibit "A" shall be included with the adjacent property already owned by Grantee as referenced on Exhibit "B" and together are hereinafter collectively referred to as the "Project". Grantee shall diligently and continuously undertake commercially reasonable efforts to obtain site plan approval for the Project from the City of Boynton Beach, Florida. Grantee shall commence construction for the development of the Project within twenty- four (24) months from the date of the recording of a resolution or development order from the City of Boynton Beach, Florida approving the site plan for the Project (the "Construction Commencement Period"). In the event Grantee fails to commence construction for the development of the Project as provided in the Purchase and Development Agreement attached as Exhibit "C," attached hereto and made a part hereof by reference. •• 4 i the Constpae-tion G„ri.f, enee ffle ' Period, Grantee shall be obligated to commence construction of a public plaza (the "Plaza") on the Property containing benches, walkways, . landscaping , - -; -- in accordance with the provisions of Exhibit "C," 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 17 of 22 Notwithstanding the foregoing, if at any time thereafter, Grantee commences development of the Project in accordance with the site plan approved by the City of Boynton Beach, Grantee may abandon construction of, or demolish the construction of the Plaza in order to construct the Project. Once the Project has been substantially completed, this restriction shall terminate and be of no further force or effect. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of - Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH Boynton Beach Community Development Agency By:_ Name: Title: The foregoing instrument was acknowledged before me this day of by , as of Boynton Beach Community Development Agency, who is personally known to me or who produced a driver's license as identification. Notary Public 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 18 of 22 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 19 of 22 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOTS 1 AND 2, EXCEPT THE EAST 25.00 FEET THEREOF AND EXCEPT THE WEST 25.00 FEET THEREOF, AS SHOWN UPON THE PLAT ENTITLED "AGREEMENT PLAT", SHOWING PROPERTY IN THE NORTHWEST QUARTER (N.W. 114) OF THE NORTHWEST QUARTER (N.W. 114) OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, IN THE TOWN OF BOYNTON BEACH, FLORIDA, WHICH PLAT IS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 10, PAGE 2; LESS RIGHT OF WAY CONVEYED TO THE STATE OF FLORIDA, AS MORE PARTICULARLY DESCRIBED IN OFFICIAL RECORD BOOK 564, PAGE 180, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS AND COVENANTS OF RECORD, IF ANY, TO THE EXTENT THAT SAME ARE VALID AND ENFORCEABLE. DESCRIPTION: (TAKEN FROM SPECIAL WARRANTY DEED DATED OCTOBER 3, 1960 IN OFFICIAL RECORD BOOK 564, PAGE 180) LOTS 1 AND 2, AGREEMENT PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10 AT PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING ALSO DESCRIBED AS LOTS 1 AND 2, FUNK BROS. ADDITION PER PLAT BOOK 2, PAGE 13; WHICH LIES WITHIN 50.00 FEET EASTERLY OF THE WEST ,LINE OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST; AND THAT PART OF THE AFOREMENTIONED LOT 1 OF AGREEMENT PLAT, WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 12 FOOT RADIUS ARE TANGENT TO THE NORTH LINE OF SAID LOT (BEING 15.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 27), AND TANGENT TO A LINE 50.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 27. SUBJECT TO THE EXISTING RIGHT-OF-WAY FOR STATE ROAD 5; SAID PARTS CONTAINING 0.062 OF AN ACRE, MORE OR LESS. AND LESS AND EXCEPT ADDITIONAL ROAD RIGHT OF WAY FOR N.E. 2ND AVENUE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, AGREEMENT PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 10, PAGE 2 OF THE PUBLIC 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 20 of 22 RECORDS OF PALM BEACH COUNTY, FLORIDA: THENCE RUN SOUTH 89 DEGREES 45' 09" EAST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 37.28 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF N.E. 2ND AVENUE AS NOW LAID OUT AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 45'09" EAST ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG THE NORTH LINE OF LOT 1, A DISTANCE OF 254.12 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF N.E. 6TH COURT AS NOW LAID OUT; THENCE RUN SOUTH 01 DEGREES 23'56" EAST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 54.89 FEET TO A POINT OF CURVATURE, CONCAVE TO THE NORTHWEST SAID CURVE HAVING A RADIAL BEARING OF SOUTH 88 DEGREES 36' 04" WEST; THENCE RUN ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 40.02 FEET TO THE POINT OF TANGENT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91 DEGREES 42' 50", A CHORD BEARING OF NORTH 47 DEGREES 15' 21" WEST AND A CHORD DISTANCE OF 35.88 FEET; THENCE RUN SOUTH 86 DEGREES 53' 14" WEST, A DISTANCE OF 41.94 FEET TO A POINT; THENCE RUN NORTH 76 DEGREES 26,58" WEST, A DISTANCE OF 50.34 FEET; THENCE RUN NORTH 89 DEGREES 45'09" WEST, A DISTANCE OF 129.70 FEET TO A POINT OF CURVATURE CONCAVE TO THE SOUTHWEST; THENCE RUN ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 31.87 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STATE ROAD NO. 5 (FEDERAL HIGHWAY) AS NOW LAID OUT; SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 91 DEGREES 17' 55", A CHORD BEARING OF SOUTH 44 DEGREES 35'53" WEST AND A CHORD DISTANCE OF 28.60 FEET; THENCE RUN NORTH 01 DEGREES 03'04" WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 29.69 FEET TO A POINT OF CURVATURE TO THE NORTHEAST; THENCE RUN ALONG THE ARC OF SAID CURVE TO THE RIGHT A DISTANCE OF 19.12 FEET TO THE POINT OF BEGINNING, SAID CURVE HAVING A RADIUS OF 12.00 FEET, A CENTRAL ANGLE OF 91 DEGREES 17' 55", A CHORD BEARING OF NORTH 44 DEGREES 35' 54" EAST AND A CHORD DISTANCE OF 17.16 FEET 00751286-3 PURCHASE AND DEVELOPMENT AGREEMENT Page 21 of 22 EXHIBIT "B" GRANTEE'S EXISTING PROPERTY Lot 41, DEWEY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 1, at Page 37, of the Public Records of Palm Beach County, Florida, less and except the East 25 feet and less and except that part lying within 50 feet of the West line of Section 27, Township 45 South, Range 43 East, Palm Beach County, Florida, and further less and except that part lying within 45 feet of the center line of State Road 804 and also further less and except that part included in the external area of a 10 foot radius arc which is tangent to a line parallel to and 25 feet West of the East line of Lot 41 and to a line parallel to and 45 feet North of the center line of State Road 804; said lands situate, lying and being in Palm Beach County, Florida. Lots 3 through 6, inclusive, FUNK BROTHERS ADDITION, according to the Plat thereof, as recorded in Plat Book 2, at Page 13, of the Public Records of Palm Beach County, Florida, less and except the East 25 feet and the West 50 feet thereof, for Road Rights of Way; said lands situate, lying and being in Palm Beach County, Florida, in accordance with Agreement Plat (Plat Book 10, Page 2). 00751286-3 N_ +=IEDERRZAL NiC=-4LUA-r' } A m z z x v n I m m d s I m Z J r A ,Y 1 I rn bfl D �+ 1 X m ,• I , u x N.�. roTN COUNT Exhibit "C" - the Plaza PURCHASE AND DEVELOPMENT AGREEMENT Page 22 of 22 EXHIBIT "C" THE PLAZA DEVELOPMENT PLAN 00751266-3 ATTACHMENT III r-11►1_1» 7� 1 e THE .48 -ACRE VACANT COMMERCIAL PROPERTY LOCATED AT 222 NORTH FEDERAL HIGHWAY IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA FILE NUMBER 15-74029 PREPARED FOR BOYNTON BEACH CRA AS OF DECEMBER 30, 2015 BY STEPHEN D. SHAW, MAI CALLAWAY & PRICE, INC. _ Callaway & Price® Inc. Real Eskake Appraisers And Consultants www.callawayandprice.com Lir-ensed Deal Estate Brokers Please respond to the South Florida office E -Mail: sdsocpwpbcom SOUTH FLORIDA 1410 Park Lane South, Suite January 5, 2016 Jupiter, FL 33458 561.686.03331561.686.3705 Fax Michael R. Slade, MAI, SRA, CRE Cert Gen RZ116 mrs@cpwpbcom Theresa Utterback Stephen A. Shaw, MAI Development Services Specialist Cert Gen RZ1192 sds@cpwpb.com Boynton Beach CRA Robert A. Callaway, MRICS 710 North Federal Highway Cert Gen RZ2461 Boynton Beach, FL 33435 rac@cpwpb.com TREASURE COAST 1803 South 25* Street, Suite 1 Dear Ms. Utterback: Fort Pierce, FL 34947 We have made an investigation and analysis of the .48 -acre vacant 772.464.86071772.461.0809 Fax commercial property located at 222 North Federal Highway in the City of Stuart: 772.287.3330 Stephen G. Neill, Jr., MAI Boynton Beach, Palm Beach County, Florida. The Subject Property will be Cert GenRZ24M further described both narratively and legally within the following Appraisal s.neill@callawayandprice.com Report. The purpose of this investigation and analysis was to provide our opinion of the CENTRALFLORIDA Market Value of the Fee Simple Estate of the Subject Property as of 2816 E. Robinson Street December 30, 2015. Orlando, FL 32803 Phone (321)726-0970 This report has been prepared for our client and intended userBoynton Beach Fax (321)726-0384 , CRA. The intended use is to assist the client for internal decision making. The Curtis L. Phillips, MAI scope of work performed is specific to the needs of the intended user and the Cert Gen M085 intended use. No other use is intended, and the scope of work may not be clp@cpmei.com appropriate for other uses. SPACE COAST 114WhAvenue Based upon the scope of the assignment, our investigation and analysis of the Suite within this rem information contained wort as weas our general knowledge Indialantic, FL 32903 report, well a of 9 g Phone (321)726-0970 real estate valuation procedures and market conditions, it is our opinion that: Fax (321)726-0384 Curtis L. Phillips, MAI The Market Value of the Cert Gen RZ2085 clp@cpmel.com Fee Simple Estate of the Subject Property as of December 30, 2015 was: $460,000 Theresa Utterback Development Services Specialist Boynton Beach CRA January 5, 2016 Page Two A description of the property appraised, together with an explanation of the valuation procedures utilized, is contained in the body of the attached report. For your convenience, an Executive Summary follows this letter. Your attention is directed to the Limiting Conditions and underlying assumptions upon which the value conclusion is contingent. Respectfully submitted, CALLAWAY & PRICE, INC. Stephen D. Shaw, MAI Cert Gen RZ1192 1'Z4t* .0 -t -;W Joe M. Merritt, Associate Appraiser Cert Gen RZ672 SDS/JMM/15-74029 Attachments Executive Summary PROPERTY TYPE . Vacant Commercial Land. LOCATION The Subject Property is located on the southeast corner of North Federal Highway and East Boynton Beach Boulevard in the City of Boynton Beach, Palm Beach County, Florida. The property address is 222 North Federal Highway, Boynton Beach, FL 33435. DATE OF VALUATION : December 30, 2015. DATE OF REPORT . January 5, 2016. PROPERTY DESCRIPTION: LAND 20,999 square feet or .48 acres. IMPROVEMENTS The Subject Property is currently vacant, cleared, and landscaped with grass. The north and west boundaries are landscaped with trees and shrubs. There are no building improvements. ZONING . CBD, Central Business District, by the City of Boynton Beach. LAND USE PLAN MXC, Mixed Use Core, by the City of Boynton Beach. HIGHEST AND BEST USE . Future commercial development. MARKET VALUE OF THE FEE SIMPLE ESTATE OF THE SUBJECT PROPERTY AS OF DECEMBER 30, 2015 $460,000 Table of Contents Paae No. CERTIFICATION............................................................................................. 1 LIMITING CONDITIONS.................................................................................. 3 DEFINITION OF THE APPRAISAL PROBLEM........................................................ 9 Purpose, Date of Value, and Interest Appraised .............................................. 9 Intended Use and User of Appraisal............................................................... 9 MarketValue.............................................................................................. 9 LegalDescription...................................................................................... 10 FeeSimple Estate..................................................................................... 11 Hypothetical Conditions.................................................................. 11 Extraordinary Assumptions......................................................................... 11 ExposureTime.......................................................................................... 12 MarketingTime......................................................................................... 12 SCOPEOF WORK......................................................................................... 13 NEIGHBORHOOD DATA................................................................................. 14 PROPERTY DATA.......................................................................................... 17 Location ................................................................................................... 17 Zoning..................................................................................................... 17 Land -Use Plan.......................................................................................... 17 Site Size, Shape and Access....................................................................... 18 Easements and Deed Restrictions................................................................ 18 Concurrency............................................................................................. 18 Utilities.................................................................................................... 19 Topography.............................................................................................. 19 CensusTract............................................................................................ 19 FloodHazard Zone.................................................................................... 20 Assessed Value and Taxes.......................................................................... 20 PropertyHistory ........................................................................................ 20 Improvements.......................................................................................... 20 HIGHESTAND BEST USE.............................................................................. 21 Conclusion............................................................................................... 21 LAND VALUE ANALYSIS................................................................................ 23 Discussion of Vacant Land Sales................................................................. 24 Conclusion - Land -Value Analysis................................................................ 37 ADDENDA Engagement Letter Qualifications: Stephen D. Shaw, MAI Joe M. Merritt, Associate Appraiser Certification CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest or bias with respect to the parties involved. 4. We have performed services, as an appraiser regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. We previously appraised the Subject Property as of February 26, 2013, our report number 13-68702. 5. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. The analyses, opinions, and conclusion were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) and The Interagency Appraisal and Evaluation Guidelines, December 10, 2010. 9. Stephen D. Shaw, MAI and Joe M. Merritt have made a personal inspection of the property that is the subject of this report. 10. No one provided significant real property appraisal assistance to the persons signing this certification. 11. The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. 1 Certifications 12. This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. 13. The reported analyses, opinions and conclusions were developed, and this report was prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 14. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 15. As of the date of this report, Stephen D. Shaw, MAI has completed the continuing education program for Designated Members of the Appraisal Institute. Stephen D. Shaw, MAI Cert Gen RZ1192 "Z4".4* .04-,W Joe M. Merritt, Associate Appraiser Cert Gen RZ672 2 IMITING NDITIONS Limiting Conditions I. Unless otherwise stated, the value appearing in this appraisal represents the opinion of the Market Value or the Value Defined AS OF THE DATE SPECIFIED. Market Value of real estate is affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. The value estimated in this appraisal report is gross, without consideration given to any encumbrance, restriction or question of title, unless specifically defined. 3. This appraisal report covers only the property described and any values or rates utilized are not to be construed as applicable to any other property, however similar the properties might be. 4. It is assumed that the title to the premises is good; that the legal description is correct; that the improvements are entirely and correctly located on the property described and that there are no encroachments on this property, but no investigation or survey has been made. 5. This appraisal expresses our opinion, and employment to make this appraisal was in no way contingent upon the reporting of predetermined value or conclusion. 6. No responsibility is assumed for matters legal in nature, nor is any opinion of title rendered. In the performance of our investigation and analysis leading to the conclusions reached herein, the statements of others were relied on. No liability is assumed for the correctness of these statements. 7. Neither all nor any part of the contents of this report (especially any conclusions, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute or any of its designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without our prior written consent and approval. 8. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these factors. 3 �- t 3 Limiting Conditions 9. Unless otherwise stated in this report, the existence of hazardous substances, including without limitation stachybotrys chartarum (mold), asbestos, polychlorinated biphenyls, petroleum leakage, "Chinese drywall", or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, was not called to the attention of, nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test for such substances or conditions. If the presence of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimated is predicated on the assumption that there is no such proximity thereto that would cause a loss in value. We are unaware of very wet conditions that may have existed for days or weeks which are required to grow mold. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. 10. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible noncompliance with the requirements of ADA in estimating the value of the property has not been considered. 11. Our opinion of value was based on the assumption of competent marketing and management regarding the Subject Property. If there is no competent marketing and management, then the value contained herein may not apply. u� 1 Subject Photos AERIAL VIEWS OF THE SUBJECT PROPERTY Subject Photos r Subject Photos LOOKING SOUTHEAST AT THE SUBJECT PROPERTY FROM EAST BOYNTON BEACH BOULEVARD AND NORTH FEDERAL HIGHWAY Subject Photos LOOKING NORTH AT THE SUBJECT PROPERTY FROM NORTH FEDERAL HIGHWAY LOOKING SOUTHEAST FROM THE NORTHWEST CORNER OF THE SUBJECT PROPERTY Subject Photos LOOKING NORTHEAST FROM THE SOUTHWEST CORNER OF THE SUBJECT PROPERTY LOOKING WEST AT THE SUBJECT PROPERTY FROM NE 6T" COURT AND EAST BOYNTON BEACH BOULEVARD 10 Subject Photos LOOKING WEST AT THE SUBJECT PROPERTY FROM NE 6T" COURT 11 Definition of the Appraisal Problem DEFINITION OF THE APPRAISAL PRQBLEM Purpose, Date of Value. and Interest Appraised The purpose of this investigation and analysis was to provide our opinion of the Market Value of the Fee Simple Estate of the Subject Property as of December 30, 2015. Intended Use and User of Appraisal This report has been prepared for our client and intended user, Boynton Beach CRA. The intended use is to assist the client for internal decision making. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is intended, and the scope of work may not be appropriate for other uses. Market Value "As defined in the Agencies" appraisal regulations, the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. Buyer and seller are typically motivated; b. Both parties are well informed or well advised, and acting in what they consider their own best interests; c. A reasonable time is allowed for exposure in the open market; d. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and e. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Source: The Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2010, Pgs. 61-62. 12 Definition of the Appraisal Problem Legal Description OtSCIOPTWNe (TAKEN Mm WARRANTY KED DATW X0040 4► 101) LATS I AM S, EIMCEPT TSIE EAST 15,00 FII;ET lHr<KW An 1EXCEPT TM WEST 24,00 FEET THERSDf, AS 1U MN VKMr T09 MAY EMrTMZD "A01IEEMENT MAT". 'a"MMS PROPERTY IN � THE T OUAR7EI4 (RA or "" Of�IMO1�ITON I. ("WAN.W.114) Of SM T I RECOMD* IN THE OffU OF THEP 45 RAM 43 ' IN Cr.C1lIC OF TW.Clr<CUIT Y COMIKYED yo Ng STATE OS PALM OA. AS ART �• y DESCRiRp ED qiD'� UM TOr NO . PA PURR RECORMM OF PALMI KACH KN. #EOMMID04 'SAM UOM INWATE LYINQ AND MM 0 PALM MACH COUNTY, FLORIDA, q;UW T TO IIESTRMDTLONO, RUMATMS, F,A9EMIENTS AND 0DIVENAM Or M00a IF MY, TO TM IE;MM THAT 5" ARE YAW AND CWCRC E, IPTiOMk (TARN 11411 SPICCIAL WARRANTY KM DATED DOTONER i, 1980 IN QFiM IX 99CM HOOK 004. PAS I80) LM 1 AND L AriRI;hMEIIT PIAT, ACCOIIpINQ TO THE PLAT fi1ER11;O1' AS OC M90 MI PLAT DQOK 10 AT PAOK i or THE . AOQiIT�MO KA PIAT SMALL FAOC A Omm� U13 1fr"0040 FW PSN^y TK WUT IN OF 'iLC1101r 97, TOWNSHIP 45 SOVTH, RANK 41 CMT: ANIS VAT ?AM OF THE AFOMMORIOMED IFR 1 OF Ao=MEN1 MAT, WHICH is MLUM N1 TM E!I KWAL ArIIEJ1 FDM[p W A 12 FWRT RADIUS AN TaAIIOEIMY TO THE MMxTFI LINE OF SW UFr (MM 10,00 FILET $WIN OF ANDALPAR f�0 T o 1 � MOO Of SAID scem TIM# m �, AND TAROM TO A LINE 9.0.90 FEET CM OF AM 'allIUWr TO THE VMM9 NW -CF -WAY FCR STATE ROAD Ifi $NO PARTE COMT1AM MMD OAU OF AN ACID. MORE OR UM. Un AND 9MC91 T ADDITIONAL 11M MIT Or WAY FQA NZ VO AiIMIUE, MOIIE PARTICAMLY MCMI M AS FOLLMMI& COMMIII W MO AT THE MMMMUT rtiMM OF LOT 1. AOIRIME1ir PLAT. ACOORMIHO TO THE PW THEREOF, AS I MOR M IIT MAT ROM I% PAN S 4W THE PIM/X KM" OF PAW REACH COUNTY. FLLTRMW T"DOCE RIMA som :M MI: Mgg 451, Q!" SAST ALONO THE NORTH LIME (W SW LOT 1, A cist 11OS QF ST.OS FEET TO A POINT 0" TFIS wm MoNT OR WAS' UNE of WE. 2RD Al out As Now LAD OUT MO THK POINT Or I gMtNNl1 THENCE CCO MIUS SOWN 00 KOKU 46' ff* t= AUMQ Q "D SOM WAIT #" Why UK AKO A1iOMQ T OWN L09 Or: LAT t, A CMANX OF 2S+L.1S Fits To A POINT ON TM WEA POT OF WAY UNE OF N.9. STAN COLLI? AS NOW MAID WTI 718E M MM 9MM 01 Icon= 23" so* EAST,. ALM IWO WEST MONT OF WAY LINE, A DISTOU OI" 54.80 FEET TO A PCrNTV 0MATURL MI AMM TO THE NQIF W*M pa CON HAYING A "K KAMM OF "M S9 KIr Sme 04" 'RiMs TIIENM MM M410 THK ARO Of &40 CURVE TO THE LEFT A DISTANCE OF 40#09 FEET TO THE POINT Of TANGENT, IINO CUICYIE HAYING A IraAD" QP 25.00 fW, A CEN RAL ANOL9 or 91 DEOITE'F.W 4IR' We A CHOMD KAF11 M OF WMTN 41 41L+f#OM 14' S1" MIM AND A OHM DISTANCL OF 1s.1NI 1riat TNEMI4f MMI 9QII1'Ml S9 OI<OREES MS' Ir Ww, A CMAMX Or 41.54 FEET To A PONIT; Von Wj" NORTt4 TS 093 IM16 28' W WM. A OWANCE Or SO. FEET, TOW #ILMI N" 49 D VKES 40' W WEST, A OIST1r1M OF 129.21E PEST TO A PQIMIT Or OMAYM OOIMCAY9 TD Tor noun ME9 i THENCE wip AL.i ke TME An OF SAID CUM TO TM LEFT A DISTANK OF 3147 FEET TO A RM 00 TM Tiw IMolrt OF WAY UNC aF STAlt No HQ. S (FEDUAL, NIONWAY) AS NO LAW OM SM COW MYM A RAM OF 30.00 FEET, A CRIFIK MMC Of 01 DRGREM 17" SIA'", A OM IPJIRNI9 OF SOUTH 44 K 95 SS` III' 11rM AND A CHORD RMANCE Or MOD }SET; THEMM MH NLMIIII 01 p9MCS or 04' WEST AID" $00 MHT OF WAy LINE A DISTANCE OF MLGR FEET TO A MOT 4F CUIMATUISTo TX NOIIT4 LWI TW= RUN ALONG THE AM CF SAIp CURYC To TILE !MONY A DISTAM OF 19.11 FW' TQ TQ POW or IMELIINN#III, SAID VM HAYING A IIAQRIS OF IS.49 I', A CSNTRA4. ANGLE Of 01 QED 17" W, A CHORD KAIMIMIO 4F NORTH 44 pIO MIS 31P W EAST ANO A CHQRO DISTAKE Of MIS FEETT, Folio Number 08-43-45-27-02-000-0010. 13 I Dertnition of the Appralsal Problem Source: Survey dated 10/12/09 prepared by Richard L. Shephard and Associates drawing number M92-11-061. Fee Simple Estate The Dictionary of Real Estate Appraisal, Sixth Edition 2015, by the Appraisal Institute, defines Fee Simple Estate on page 90 as follows: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." Hypothetical Conditions The Dictionaa of Real Estate Appraisal, Sixth Edition 2015, by the Appraisal Institute, defines Hypothetical Conditions on page 113 as follows: 1. "A condition that is presumed to be true when it is known to be false." 2. "A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis." "Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis." There were no Hypothetical Conditions in the valuation of the Subject Property. Extraordinary Assumptions The Dictionary of Real Estate Appraisal, Sixth Edition 2015, by the Appraisal Institute, defines Extraordinary Assumptions on page 83 as follows: "An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which if found to be false, could alter the appraiser's opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal or economic characteristics of the Subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis." There were no Extraordinary Assumptions in the valuation of the Subject Property. 14 Derinition of the Appraisal Problem Exposure Time The Dictiona of Real Estate AQpralsal, Sixth Edition 2015, by the Appraisal Institute, defines Exposure Time on page 83 as follows: 1. "The time a property remains on the market." 2. "The estimated length of time that the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. Exposure time is a retrospective opinion based on an analysis of past events assuming a competitive and open market." There is a requirement under Standard Two to report exposure time according to the latest USPAP publication. "Exposure Time" is different for various types of property under different market conditions. We have reviewed the exposure time on the sales contained in the Sales Comparison Approach in this appraisal, as well as other sales and current listings in the market. Based on that data and the current market, it is our opinion that the Subject Property would have had an exposure time of approximately 12 months or less. Marketina Time The Dictionary of Real Estate ADDraisal, Sixth Edition 2015, by the Appraisal Institute, defines Marketing Time on page 140 as follows: "An opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal." "Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. 6, "Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions" address the determination of reasonable exposure and marketing time." As in most markets, properties that are priced competitively and marketed professionally will sell before others which are not. We have reviewed the marketing time on the sales used the Sales Comparison Approach of this appraisal, as well as other sales within our database and current listings in the market. Based on these indications, it is our opinion that the Subject should have a marketing time of up to 12 months. 15 Definition of the Appraisal Problem 16 c Scope of Work SCOPE OF WORK According to the 14th Edition of The Appraisal of Real Estate, page 38, "Scope of work encompasses all aspects of the valuation process, including which approaches to value will be used; how much data is to be gathered, from what sources, from which geographic area, and over what time period; the extent of the data verification process; and the extent of property inspection, if any. The scope of work decision is appropriate when it allows the appraiser to arrive at credible assignment results and is consistent with the expectations of similar clients and the work that would be performed by the appraiser's peers in a similar situation." The first step in the appraisal process involved defining the appraisal problem which included the purpose and date of value, determining the interest being appraised, intended use and user of the appraisal, and identifying the real estate (legal description). This step also determined if the appraisal were subject to any extraordinary assumptions or hypothetical conditions. The next step involved inspections of the Subject Property in December 2015 by Stephen D. Shaw, MAI and Joe M. Merritt. The inspections allowed us to understand the physical components of the Subject Property. In addition to the inspections of the Subject Property, we also began the data -collection process and, subsequently, an analysis of the factors that affect the market value of the Subject Property, including a market area analysis, neighborhood analysis, and property data analysis. We gathered and reviewed information from the Palm Beach County Property Appraiser's Office, the City of Boynton Beach Planning and Zoning Departments, our Client, and interviews with brokers and other market participants to understand and describe the Subject Property and its surroundings. The third step in the process was to determine the Highest and Best Use of the Subject Property. Through the Highest and Best Use analysis, we determined the issues that have an effect on the final opinion of value. To determine the Highest and Best Use, we relied on information obtained from the data -collection process. The fourth step was the application of the appropriate approaches for the valuation. No approaches were specifically omitted from this appraisal either by the client or the appraiser. The Subject Property consists of a .48 -acre parcel of vacant land. The most reliable way to estimate land value is by the Sales Comparison Approach. Since only one approach to value was used, no reconciliation is needed. 17 NEIGHBORHOOD Preface Neighborhood Data The relationship of the Subject Property with surrounding properties forms the basis of neighborhood analysis. The Appraisal of Real Estate, 14th Edition on page 165 states: "The boundaries of market areas, neighborhoods, and districts identify the areas that influence a subject property's value. These boundaries may coincide with observable changes in land use or demographic characteristics. Physical features such as structure types, street patterns, terrain, vegetation, and lot sizes help to identify land use districts. Transportation arteries (highways, major streets, and railroads), bodies of water (rivers, lakes, and streams), and changing elevation (hills, mountains, cliffs, and valleys) can also be significant boundaries." The Subject neighborhood is considered to include the eastern portion of the City of Boynton Beach bounded on the north by the Boynton Canal (C-16), on the south by Woolbright Road (SW 15th Avenue), the east by the Intracoastal Waterway and on the west by Interstate 95. The primary north/south traffic arteries through the neighborhood include Federal Highway (U.S. Highway 1), Seacrest Boulevard and Interstate 95. Interstate 95, located approximately one mile west of the Subject Property, is the principal north/south commuter route along the east coast of Florida. U.S. Highway 1, commonly known as Federal Highway in southern Palm Beach County, also spans the length of Florida's East Coast. Seacrest Boulevard, which extends through the center IN Neighborhood Map M 11.1. i ! Y .! itl1 M 4. �• Il+i fink i 11..p IWeV. lw ye1..M � � � � 1 �y� y� _ IMf 49K MN ' s WON IW IM Fs i �•NFM !Ff ✓ 17 a w". f�,.W w Wft�" i a 1 i a 9 INY Iq lM N ��If � MY1'inM 1iM t•.M 1RNti � [ WO[MM W(k-M w E Cure Mr F -F IF;w ' w f1M W p j I 051W 1. Me Et MA. IYiw1 !: 4F IM M/ MM - �� M i 7f fir Nhb hMFh wMr iF Bi Ait •( �M RI/sw iwlr—..zur Q!YY lMM R � rla-dbIw ft; M j a H-6 NIM IY� 9M Fr. lfte - 1.•.IIYs . , f.Y. W The Subject neighborhood is considered to include the eastern portion of the City of Boynton Beach bounded on the north by the Boynton Canal (C-16), on the south by Woolbright Road (SW 15th Avenue), the east by the Intracoastal Waterway and on the west by Interstate 95. The primary north/south traffic arteries through the neighborhood include Federal Highway (U.S. Highway 1), Seacrest Boulevard and Interstate 95. Interstate 95, located approximately one mile west of the Subject Property, is the principal north/south commuter route along the east coast of Florida. U.S. Highway 1, commonly known as Federal Highway in southern Palm Beach County, also spans the length of Florida's East Coast. Seacrest Boulevard, which extends through the center IN Neighborhood Data of the neighborhood, is a 4-laned intercity connector joining Boynton Beach with Hypoluxo to the north and Delray Beach to the south. The major east/west traffic arteries in the neighborhood are Boynton beach Boulevard (State Road 804) and Woolbright Road. Both of these thoroughfares have interchanges with Interstate 95. Boynton Beach Boulevard extends westerly to U.S. Highway 441 (State Road 7) and provides access to Florida's Turnpike. Boynton Beach Boulevard effectively ends at North Federal Highway. Ocean Avenue, which is located two blocks south of Boynton Beach Boulevard, is Boynton's Main Street. The Ocean Avenue Intracoastal Waterway Bridge was recently renovated and provides convenient access to the Town of Ocean Ridge and State Road A -1-A. Woolbright Road also has a modern bridge that also provides access to State Road A -1-A and area beaches. Boynton Beach has historically been considered a retirement oriented community. However, the city has grown rapidly over the past several years and the average age of the population has decreased. The Subject neighborhood is nearly 100% built out and has a mixed housing composition, consisting of older single family (some built as early as the 1920's) and multifamily. Commercial development is concentrated along the major thoroughfares previously discussed and consists of a mixture of commercial, retail, restaurant and office buildings. The majority of the commercial type properties within the Subject's immediate area are retail in nature. Like its sister cities of Delray Beach, West Palm Beach and Lake Worth, officials of Boynton Beach have realized that downtown Boynton Beach could be a major asset to the city in general and a redevelopment effort is underway. All of the above cities have had government led redevelopment of their respective downtowns. As a result, property values increased in these areas. Boynton Beach seeks to mirror this success in their city. The City of Boynton Beach started its redevelopment plan of the downtown area with the Promenade Parke and the Marina Village mixed use project. These projects include a marina with boat slips, condominium apartments, street -level commercial and retail shops, a parking garage and boardwalks through the mangroves to the Intracoastal Waterway. Marina Village was completed in 2006 during the peak of the rising real estate market. The project sold out quickly with many units being purchased by investors. However, the real estate market collapsed shortly thereafter resulting in numerous foreclosures and a large inventory of units with no demand. Another large-scale mixed use project called Casa Costa was completed in 2008 at the northeast corner of East Boynton Beach Boulevard and North Federal Highway. This project added an additional 393 condominium apartment units and street -level retail space to the area at the collapse of the real estate market. 19 Neighborhood Data Construction recently began on a new mixed use project called 500 Ocean located on the southwest corner of Federal Highway and Ocean Avenue. This project will include 341 luxury rental apartments, 13,300 square feet of retail, 6,600 square feet of office space and a 664 -space integrated parking garage. Completion is anticipated to be Fall of 2016. The City of Boynton Beach redevelopment agency's board agreed to fund $4.4 million over a 10 -year period after the project is completed, using taxes created by the project. The City of Boynton Beach and the surrounding area enjoy good community services. Bethesda Memorial Hospital is located on Seacrest Boulevard. Other medical facilities and nursing homes are within a short distance. There are currently 18 churches representing all major denominations within the city limits. The Subject neighborhood has excellent access to public elementary, junior high, and high schools in Boynton Beach, as well as a variety of private and church supported schools in the area. All municipal services, including police and fire protection, public library facilities, garbage and trash collection, are available to most properties within the Subject neighborhood from either the City of Boynton Beach or Palm Beach County. Conclusion Overall the Subject Neighborhood should see extensive redevelopment in the future. Two large mixed-use projects were completed at the peak and/or after the collapse of the real estate market. As a result, there was a significant oversupply of available residential units and retail space. The real estate market has improved and the market activity for redevelopment properties in the neighborhood is increasing. We expect this trend to continue and that redevelopment will resume as the real estate market improves and the supply of available residential units and retail space diminishes. 20 Property Data PROPERTY _DAIA_ Location The Subject Property is located on the southeast corner of North Federal Highway (U.S. Highway 1) and Boynton Beach Boulevard in the City of Boynton Beach, Palm Beach County, Florida. The property address is 222 North Federal Highway, Boynton Beach, FL 33435. Location Map Zoning The Subject Property is zoned CBD, Central Business District, by the City of Boynton Beach. The purpose of the CBD zoning district is to implement the mixed use (MX) and mixed use core (MX -C) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to provide a highly visible community focal point integrating office, retail, and residential uses concentrated in the historic downtown and marina district. In addition, this district is considered the predecessor to the urban mixed use zoning districts, particularly, the mixed use -high intensity district. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian activity, provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. Setbacks are zero feet on the front and interior side, 20 feet to the rear and 8 feet on the corner. 21 #r it A� Y I[LF 1F. n q :Y!8M M� .! 1P Il W � IC fid: A IL11�Y. p i 24 rA 1F Y-0 Ar � IMvMJV _p Mia Ny ''` ACA# rj ! rE rwti ��..-ly. �,M 3 ara Il,na.w IIA Bb /4 w IE aMM Ayy� N65B,JM 0 �4V .YM BIM xAe $@ lln: lih M ME Lr Aw k - K IBI M Ei OVA" swlFi�, ._ i L. -.-n NIIIn 6ppyAy BIW C.J NaN BotMrA an MY h: M g 'Vi 1Y M I Www lw. W �exwMs. g N 8 ]�lwM i 'S taM3C IwM 3 R @ Blisa, w. S p 6wa/M SE 2.dA .I F 'SC IW ' SW Sd Aiw SW 3ry 1Mr 4a r p e v pB�'wi b. 4a YM'J: J.. StlCSM b Be ph we W ` RV BI 1Ya —_ Zoning The Subject Property is zoned CBD, Central Business District, by the City of Boynton Beach. The purpose of the CBD zoning district is to implement the mixed use (MX) and mixed use core (MX -C) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to provide a highly visible community focal point integrating office, retail, and residential uses concentrated in the historic downtown and marina district. In addition, this district is considered the predecessor to the urban mixed use zoning districts, particularly, the mixed use -high intensity district. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian activity, provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. Setbacks are zero feet on the front and interior side, 20 feet to the rear and 8 feet on the corner. 21 Property Data Land -Use Plan The Subject Property is designated MXC, Mixed Use Core, by the City of Boynton Beach, which is consistent with the current zoning. Site Size. Shape and Access The Subject property has an irregular shape and contains 20,999 square feet or .48 acres. The site has frontage on and exposure to North Federal Highway, Boynton Beach Boulevard and N.E. 6th Court. However, due to the small size, narrow shape and proximity to a signalized major intersection, physical access is only available from the east via N.E. 6th Court. ;. 2-_. i � _�r�.e 1f .�.r. res• uYMtl(•6:Wt C'iiZi� ��u�... witi. rJn ro ui M—L� A(7YNT6N BEACH BOULEVARD I I� (N.E. 2ND AVENUE) mr Ilil "ii :"' '" xv' .: •"°"•:rte+..pr;.. I #. � i . g. AAI En.i eui ✓r r...m.r. i�� W ;„ I I � � � ^ �1�..� +.l•/O.N saves q.s swr.<..�.. y1./.�.i GI W xI 1 ,� ter• �. tl �,r . � � � ��'�} A __ �"_ nro�Axmoa� r u w.. x rte'» sr-«nr 35�'ns�-�.. wri. Mj-��,'., �� •;'" `- n� fir' a iii LCEAN AVENUE _ rKThiWT —M ' .. kNOUN � WAM L MM" w K4000W Easements and Deed Restrictions We have not been provided a title search for the Subject Property. Based upon our review of the survey and public records, the Subject Property has no obvious adverse easements or deed restrictions. Concurrency 22 Property Data In 1985, the Florida Legislature enacted the Local Government Comprehensive Planning and Land Development Regional Act (Chapter 163, Part II, Florida Statutes), commonly referred to as "The Growth Management Act". In 2011 the state legislature rescinded this law, and now each county can address almost all of these factors as they wish. Sanitary sewer, solid waste, drainage, and potable water are the only public facilities and services subject to the concurrency requirement on a statewide basis. If concurrency is applied to other public facilities, the local government comprehensive plan must provide the principles, guidelines, standards, and strategies, including adopted levels of service, to guide its application. In order for a local government to rescind any optional concurrency provisions, a comprehensive plan amendment is required. An amendment rescinding optional concurrency issues is not subject to state review. To the best of our knowledge, we are not aware of any concurrency issues with the Subject Property. Utilities FPL and AT&T provide electrical and telephone services to the area. Public water and sewer service is provided by the City of Boynton Beach. Topography The Subject site is level and at the approximate grade of the adjacent roads. Our on- site inspection revealed no obvious signs of drainage problems. Census Tract The Subject Property lies within Census Tract 0061.00. 23 Property Data 2015 FFIEC Geocode Census Report Address: 222 N FEDERAL HWY, BOYNTON BEACH, FL, 33435 MSA: 46424 - WEST PALM BEACH-BOCA RATON-DELRAY BEACH, FL State: 12 - FLORIDA County: 099 - PALM BEACH COUNTY Tract Code: 0061.00 Summary Census Demoaraohlc information 'tract Income Level Low Underserved or Distressed Tract No 2015 FFIEC Estimated MSAJMDInon-MSAIMD Median Family Income $64,900 2015 Estimated Tract Median Family income $29,345 2010 Tract Median Family Income $29,145 Tract Median Family Income % 45.22 Tract Population 3726 Tract Minority % 76.06 Tract Minorlty Population 2834 Owner-Occu led Units 1910 1- to 4- Family Units 11459 Flood Hazard Zone The Subject Property lies within Flood Zone "W', according to the Flood Insurance Rate Map (Panel Number 120196 0003 C) prepared for the National Flood Insurance Program of the U.S. Department of Housing and Urban Development (HUD.). Flood Zone "B" includes "areas between limits of the 100 -year flood and 500 -year flood; or certain areas subject to 100 -year flooding with average depths less than one (1) foot or where the contributing drainage area is less than one square mile; or areas protected by levees from the base flood". Assessed Value and Taxes The 2015 assessed value for the Subject Property is as follows: Folio Numhpr Land _ Improv_ement Market Value 45-27-02-000-0010 $532,716 $0 2015 2015 Assessed 2015 Total Value Taxes 08-43- $532,716 $514,457 $0 Since the Subject Property is under public ownership, there are no real estate taxes. Property History W, Property Data It should be noted that this office has not performed a title search, nor has a title search been provided. According to the Palm Beach County Public Records, the Subject Property has been under the ownership of Boynton Beach Community Redevelopment Agency for more than five years. To our knowledge, the Subject Property was not listed for sale or under contract as of the appraisal date. Improvements The Subject Property is currently vacant, cleared, and landscaped with grass. The north and west boundaries are landscaped with trees and shrubs. There are no building improvements. 25 %J Highest and Best Use HIGHEST AND BEST USE The Dictionary of Real Estate A1212raisal, Sixth Edition 2015, by the Appraisal Institute defines Highest and Best Use on page 109 as follows: 1. "The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity." 2. "The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an asset's existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS)" 3. "The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions)." To estimate the Highest and Best Use of the Subject, we have considered those uses which are legally permissible, physically possible, financially feasible, and maximally productive. Consideration was given to individual features of the land such as size, shape, location, access to roadways, and the availability of utilities. Consideration was also given to the surrounding land uses and the demand for property in the current real estate market. Conclusion It is our opinion that the Highest and Best Use of the Subject Property is for future commercial development. The reasons for this conclusion are as follows: Legally Permissible The Subject Property is zoned for commercial development by the City of Boynton Beach. It lies within an area designated for mixed use (commercial and residential) by the City of Boynton Beach Future Land Use Plan. Physically Possible The Subject Property consists of .48 acres located on the high -traffic intersection of North Federal Highway and Boynton Beach Boulevard. The site 26 et'a' I Land Vahie Analysis has frontage on and exposure to North Federal Highway, Boynton Beach Boulevard and N.E. 6th Court. However, due to its small size, narrow shape and proximity to a signalized major intersection, physical access is available only from the eastern boundary via N.E. 6th Court. In addition, its relatively small size and narrow shape significantly restrict the future commercial Highest and Best Use development potential and flexibility. Due to these factors, it is our opinion that the development potential of the Subject Property would be greatly increased if done so in conjunction with the adjacent property. Financially Feasible During the residential housing boom, numerous properties were purchased along the Federal Highway corridor for mixed use redevelopment. However, the real estate market collapsed along with the national economy and the demand for redevelopment properties ceased. Vacant land prices declined drastically between 2006 and 2008. The rate of decline decreased during 2009 and began to stabilize in 2010. The market activity for redevelopment properties has increased during the past two years and land values appear to be stable at this time. We expect this trend to continue as the real estate market improves and redevelopment becomes feasible again. In our opinion, development of this site could be considered at this time as the market continues to improve. Maximally Productive It is our opinion that the maximum productivity of the Subject could be realized with future commercial development. The adjacent property owner would be the most likely purchaser. LAND VALUE ANALYSIS According to the 14th Edition of The Appraisal of Real Estate on page 44, the valuation of land begins by identifying the real estate and property rights valued, any encumbrances, use restrictions, and the land's physical characteristics. An appraiser can use several techniques to obtain an indication of land value: • Sales Comparison • Extraction • Allocation • Subdivision Development Land Residual 27 • Ground Rent Capitalization Usually the most reliable way to estimate land value is by saes comparison. When few sales are available, however, or when the value indications produced through sales comparison need additional support, procedures like extraction or allocation may be applied. In the case of the Subject Property the only approach used was the sales comparison approach. Sales Com arison Approach In order to estimate the value of the Subject Property, a search was made for recent sales of vacant land within the Subject's market area. Our search was concentrated on small vacant commercial properties located in the eastern portion of the City of Boynton Beach close proximity to the Federal Highway corridor. We analyzed the Subject Property and the comparables on a price per square foot of land area basis, which is the most common unit of comparison used by participants in the market for this property type. All of the comparables were considered with regard to property rights appraised, financing, conditions of sale, time or market conditions, location, size, site quality and main road exposure. K-1 Discussion of Vacant Land Sales Our search revealed five sales of properties purchased for redevelopment that were considered to be suitable for direct comparison to the Subject. As shown below, the comparable sales indicated non -adjusted values ranging from $14.88 to $24.06 per square foot. Vacant Land Sales Callaway & Price, Inc. #15-74029 Sale Number Subject 1 2 3 4 5 Record ID Number 9056 9055 8499 8500 8501 ORBK/PG 27636/849 27562/185 26638/879 26546/1 26486/192 Effective Sale Price $130,000 $4,710,000 $345,000 $550,000 $700,000 Size - Acres 0.48 0.20 4.52 0.33 0,74 1.06 Size - Sq.Ft. 20,999 8,736 196,766 14,337 32,069 46,337 Price Per Sq.Ft. $14.88 $23.94 $24.06 $17.15 $15.11 Southeast corner of North side Southwest Northwest North of corner of corner of Northwest East side of Federal East South North corner of North Highway Ocean Federal Federal East Federal Location and Avenue, Highway Highway Ocean Highway 60 feet Avenue and between NE East east of and and the FEC 4th and 6th Boynton 3rd East Ocean NE 15 Railroad Avenues Beach St Street Avenue Avenue Boulevard Boynton Boynton Boynton Boynton Boynton Boynton City Beach Beach Beach Beach Beach Beach Date of Sale Jun -15 May -15 Feb -14 Dec -13 Dec -13 Date of Value Dec -15 Zoning CBD C2 MU -H CBD C2 CBD Conditions of Sale 00/0 -10% 0% 00/0 0% Market Condition Adj. 0% 10% 5% 5% 5% Adjusted Price Per $14.88 $23.94 $25.27 $18.01 $15.86 Sq.Ft. Physical Adjustments Location 0% 0% 0% 0% 20% 30 Land Value Analysis Size 0% 0% 0% 0% 0% Site Quality 0% 0% -10% 0% 0% Main Road Exposure 25% 0% 0% 25% 10% Total Physical 25% 0% -10% 25% 30% Adjustment Adjusted Price Per $18.60 $23.94 $22.74 $22.51 $20.62 Sq.Ft. Low $18.60 High $23.94 Average $21.68 30 u�-•I Land Value Analysis Vacant Land sales Map NW 1 } Aye ' f E: 12th Av,.s i' � 1 fyjlariners xNay rir - NE .f f!h ,q+ � NE f2M T4,,. 4 ; IUJIBider .Rd :Z" Nfifm Luther Mng Jr Bhd rnt 4, NE 91h Avaz I �E 9th Ave rn'1 rJE '13fh Aye. sl ' t h Ave E 71'h 'Ave- f- Ave y FA 77. t�_ �E Sth..AYe l ire jdE.,s�h Ave NW 4th Ai NE 4th AVO i � � AE 4th . Ave- 4yy NE 3rd:Ave. � � � — SllbjrctPrapooy v� 4" f i f. Sale 4 k NW lit Ave I I f W .0deana sal. a f ffcea Ye ',1 S __ sata r a 13 et Ave: 1stYe „ y ' I E 2nd .Ave, SVV A f Ave SI= 2nd Ave: CL va � I;,lE..i �pHnfan '•, / �yE y RE :EfeutfRem Dr." Inlet .CRY :Dr cocoiwi Ln I Ocean Ike I SE 4ih Arta-TI� o E Ia�ErMISStaf ? ; . $E 55th ,eve IE .SI+V 6tFi:;Avs: E `' .SthYe t f SW. Tth or: " §E :7111 pve ' � � I Inepnt... . -: en_Dr A A:) Sw Sth: :. L_ AE: -ah —.) � -� eribr[ar Dr r I Harbour Q tU SSU 9th:,Ame t f .: 9E..9th .Aue r � � � k ft]th YB------- -; $E Wth AW .. SE i.11th 0 vds 200 400 800 800 CgwzWt o wd (Pr 1908-2012 Mtarosot Corpare8on end0r ils wppliem. NI rigNs maervad. ICp;s'xwxemcrosolt.aarrJstreSt67 Certain mapping and dredian dda ® 7072 NAVMQ. Al righla maenad The Pita hr areas d Canada indudse Ir("on b*on rdtlr permission from Cmsdran athoriaes, IndudIng O Na hippsy flee Olsen in Poytof garb, O dean's PdrW for Ontario. NAVrEQ ehd NAVTEQ ON BMW ale traded¢ of NAVIEQ. O 2012 TaeAllas Nm thA:msduA Ire. Al dghis!waved. Tdo AbosandTeleMas North America are tradome ttiofTela Anes.Inc.m2012pyAppled Osograplllc5okrtian AN righbsreserved.Pdtlons9Cepydghl2012by Wooddl Puhliachax Cap.AIdglts resawd 31 i � i r 71 w. E Boynton Beach Blvq Land Sale No. 1 L.L}ty Ave'— L kiOV41[fin Avtich Rived - L (i rr- i I" N !_ j c 1 AV 6..,- z'' Prouerty Identification Record ID 9056 Property Type Commercial, Vacant Land Address 405 East Ocean Avenue, Boynton Beach, Palm Beach County, Florida 33435 Location North side of East Ocean Avenue, 60 feet east of NE 3rd Street Tax ID 08-43-45-28-03-005-0080 Legal Description Lots 8 & 9, less E 30', Block 5, Town of Boynton Sale Data Grantor Robert F. Katz, III, PR & Arthur B. D'Almeida, PR 32 L. Land Value Ana&sis Grantee East Ocean Avenue, LLC Sale Date June 24, 2015 Deed Book/Page 27636/849 Recorded Plat PB 1, Pg 23 Property Rights Fee Simple Land Sale No. 1 (Cont.) Conditions of Sale Arm's length Financing Cash to seller Sale Price $130,000 Land Data Zoning C2, Neighborhood Commercial Topography All upland with mature trees Utilities All available Land Use Plan Local Retail Commercial Land Size Information Gross Land Size 0.201 Acres or 8,736 SF Front Footage East Ocean Avenue Indicators Sale Price/Gross Acre $648,214 Sale Price/Gross SF $14.88 Remarks This property was purchased for investment purposes and future redevelopment in conjunction with adjacent properties. Land Sale No. 2 33 vow - UMW DOUF1113r each Blvd t'8 uyel la 4' U3 T: + ♦t_�FtE fsfAus � u�Y —'F Ocsah 1 * Sf.-.ndAve- -n. - y :1 F ti* Property Identification E OCuju Ave a�m- LU Iowakr. , Record ID 9055 Property Type Mixed use, Vacant Land Property Name 500 Ocean Address 500 East Ocean Avenue, Boynton Beach, Palm Beach County, Florida 33435 Location Southwest corner of East Ocean Avenue and South Federal Highway Tax ID 08-43-45-28-03-007-0010 Legal Description Lengthy Sale Data Grantor Capstone Resdev, LLC Grantee Skye At Boynton Beach, LLC 011 Land Value Ana&s& Sale Date May 26, 2015 Deed Book/Page 27562/1854 Property Rights Fee Simple Land Sale No. 2 (Cont.) Conditions of Sale Arm's length Financing Cash to seller Sale Price $4,710,000 Land Data Zoning MU -H, Mixed Use -High Density Topography Cleared, all upland and useable Utilities All available Shape Rectangle Land Use Plan Mixed Use Core Land Size Information Gross Land Size 4.517 Acres or 196,766 SF Front Footage South Federal Highway; Ocean Avenue Indicators Sale Price/Gross Acre $1,042,698 Sale Price/Gross SF $23.94 Remarks This property was under contract for approximately 2 years while approvals were being obtained. The site is being developed with a mixed use project called 500 Ocean. It will include 341 luxury rental apartment units, 13,300 square feet of retail, 6,600 square feet of office space and a 664 -space integrated parking garage. Construction has begun and the anticipated completion date is Fall 2016. The City of Boynton Beach will participate funding $4.4 million over a 10 -year period after the project is completed, using taxes created by the project. Land Sale No. 3 35 4 � E U0 rt(oro fleacli BIV (i �rz Property Identification Land Value Ana&sis z F1,7! y F 0 pan' AV C, a A W SSL Ui �% 'E ,O Cea Record ID 8499 Property Type Commercial, Vacant Land Address 209 North Federal Highway, Boynton Beach, Palm Beach County, Florida 33435 Location Northwest corner of North Federal Highway and NE 1st Avenue Tax ID 08-43-45-28-03-001-0121 Legal Description E1/2 of Lot 12, Lot 13 & 14 less 10 feet, Block 1, Original Town of Boynton Sale Data Grantor Kalbro Properties, Inc. Grantee 209 N. Federal, LLC 36 Land Value Analysis Sale Date February 19, 2014 Deed Book/Page 26638/879 Recorded Plat PB 1, Pg 23 Property Rights Fee Simple Land Sale No. 3 (Cont.) Conditions of Sale Arm's length Financing Cash to seller Sale Price $345,000 Land Data Zoning CBD, Central Business District Topography Previously improved Utilities All available Land Use Plan Local Retail Commercial Land Size Information Gross Land Size 0.329 Acres or 14,337 SF Front Footage North Federal Highway; NE 1st Avenue Indicators Sale Price/Gross Acre $1,048,211 Sale Price/Gross SF $24.06 Remarks This property was purchased for investment purposes and future redevelopment. It was improved with a 59 -year old office building containing 1,035 square feet at time of sale. The buyer is renting the building until redevelopment occurs. It is currently used for an ice cream parlor called The Boardwalk Italian Ice & Creamery. Land Sale No. 4 37 Land Value Anah&-da IL Uoyo Wre Mach Mvd E Bo LZ I Z YFi Z NF I it Ai . fes' � fit Cel_ _ -�. #,.._ .� F Ave _ {7zPiol Awe T- I fi * 4 1 ' RHLLa * LL. Arra ri. %"N x - Prooertv Ide Record ID 8500 Property Type Commercial, Vacant Land Address 413 East Ocean Avenue, Boynton Beach, Palm Beach County, Florida 33435 Location Northwest corner of East Ocean Avenue and the Florida East Coast Railroad Tax ID 08-43-45-28-03-005-0040, 0091 & 0100 Legal Description Lots 4-6 & 9-11, Block 5, Town of Boynton Sale Data Grantor 417 East Ocean Avenue LLC Grantee 206 Boynton LLC Sale Date December 27, 2013 T]K� Land Value Al2a&sis Deed Book/Page 26546/1 Recorded Plat PB 1, Pg 23 Property Rights Fee Simple Conditions of Sale Arm's length Land Sale No. 4 (Cont.) Financing Cash to seller Sale Price $550,000 Land Data Zoning C2, Neighborhood Commercial Topography Previously improved Utilities All available Land Use Plan Local Retail Commercial Land Sizeinformation Gross Land Size 0.736 Acres or 32,069 SF Front Footage East Ocean Avenue; NE 3rd Street Indicators Sale Price/Gross Acre $747,077 Sale Price/Gross SF $17.15 Remarks This property was purchased for investment purposes and future redevelopment in conjunction with adjacent properties. It consists of two parcels, one fronting East Ocean Avenue and one fronting NE 3rd Street. Land Sale No. 5 39 Land Vahm Anahmis AMC i. Y w'c — A fT17 14ak.�W- Wh � -NE rJth Ave } � Bali �i . # `„ice _ _ • ' ' • s `'r:; L DGypk tots niparh aNd y , II E Boyn Property Identification Record ID 8501 Property Type Commercial, Vacant Land Address 512-600 North Federal Highway, Boynton Beach, Palm Beach County, Florida 33435 Location East side of North Federal Highway between NE 4th and 6th Avenues Tax ID 08-43-45-22-05-000-0010 & 002-0010 Legal Description Lots 1-3, Block 2, Civic Center & Lots 1-6, R.S. Merritt's Sale Data Grantor Boynton Beach Property Partners, LLC Grantee St. Mark's Square, LLC Sale Date December 03, 2013 Deed Book/Page Property Rights Conditions of Sale Financing Sale Price Land Data Zoning Topography Utilities Land Use Plan Land Size Information Gross Land Size Front Footage Indicators Sale Price/Gross Acre Sale Price/Gross SF Land Value Analysis 26486/1926 Fee Simple Arm's length Land Sale No. 5 (Cont.) Cash to seller $700,000 CBD, Central Business District Previously improved All available Mixed Use 1.064 Acres or 46,337 SF North Federal Highway; NE 4th Avenue; NE 6th Avenue $658,049 $15.11 Remarks This property was purchased for investment purposes and future commercial development. Property Rights Transferred and Terms of Financing All the comparables in this analysis involved the transfer of a Fee Simple Estate basis, with the buyers receiving full property rights ownership. We are also unaware of any adverse deed restrictions or any other property rights limitations which would have affected the sales. Therefore, no adjustment was considered necessary for property rights conveyed. The transaction price of one property may differ from that of a similar property due to atypical financing arrangements. In a case where favorable financing is established, a cash equivalency adjustment is often necessary. However, all of the sales analyzed herein involved either market terms or cash to Grantor_ Therefore, no adjustments were made, nor any cash equivalency performed. Conditions of Sale 41 Land Value Analysis Adjustments for conditions of sale usually reflect the motivations of the buyer and seller at the time of conveyance. Within the confirmation process, detailed attention was made to ensure the conditions of each sale. The majority of the sales required no adjustments for conditions of sale. Sale 2 was purchased for a new project that is being partially funded by the City of Boynton Beach and this appears to have had an effect on the price paid for the land. Therefore, we have made a downward conditions of sale adjustment to Sale 2 for this factor. Time or Chanaes in Market Conditions Market conditions generally change over time and may be caused by inflation, deflation, fluctuations in supply and demand, or other factors. The sales occurred from December 2013 to June 2015. Overall, market conditions have improved since the earliest sale date and we have adjusted Sales 3, 4 and 5 upward for this factor. We have also adjusted Sale 2 upward as it was originally contracted 2 years prior to its closing, while approvals were being obtained. Sale 1 was considered to be representative of the current market. Location The Subject Property is considered to have a good location for future commercial development at the corner of Federal Highway and Boynton Beach Boulevard in downtown Boynton Beach. The majority of the Sales are similar to the Subject being located in the City of Boynton Beach Core redevelopment area between East Boynton Beach Boulevard and East Ocean Avenue. Sale 5, which is located four blocks just north of the Subject, but out of the Core area, was considered to have an inferior location compared to the Subject and an upward adjustment was applied for this factor. Size The Subject Property contains .48 acres. The sales range in size from .20 acres to 4.52 acres. It is typical in real estate for a small site to sell at a higher price per square foot than a large site, when all other characteristics are equal. However, for this property type, the adjustment is off -set due to the fact that the development flexibility increases as the size increases. This is evidenced by this data set in that the smallest property (Sale 1) sold for the lowest price per square foot and the largest property (Sale 2) sold for the highest price per square foot. Therefore, no size adjustments were applied to the sales. 42 Site QualLity The Subject Property is considered to have adequate site quality for future commercial development being all upland and useable. While it is somewhat long and narrow, the limited setbacks would permit a wide variety of uses. The majority of the comparables were considered to be generally similar to the Subject at to overall site quality and no adjustments were made for this factor. Sale 3, which was improved with a small building at time of sale that is being rented until redevelopment occurs, received a downward site quality adjustment for this factor. Main Road Exposure The Subject Property is located on the signalized corner of two main roads and has a high degree of exposure. This corner is the main corner in downtown Boynton Beach. Sales 1 and 4 are located on East Ocean Avenue west of Federal Highway, which is a secondary road, and upward adjustments were applied for this factor. Sale 5 has frontage on North Federal Highway but not on a high -traffic corner and an upward adjustment to a lesser degree was made for this factor. Sales 2 and 3 have main road frontage similar to the Subject and no adjustments were necessary. Conclusion - Land -Value Analysis As can be seen on the chart displayed earlier, the comparable sales indicated an adjusted range from $18.60 to $23.94 per square foot of land area with an average of $21.68 per square foot. All of the comparables sales were considered to provide reasonable value indications for the Subject Property and were given approximate equal weight in reaching our final value conclusion. Therefore, it is our opinion that the Subject Property had a Market Value of approximately $21.00 to $23.00 per square foot as of December 30, 2015 or $460,000 as calculated below. 20,999 Sq.Ft. X $21.00 Per Sq.Ft. _ $440,979 20,999 Sq.Ft. X $23.00 Per Sq.Ft. $482,977 Say $460,000 43 ADDENDA ENGAGEMENT FETTER i rt7�*Na. i$7$ SOUTH FLORIDA 1410 Park Lane South Suite 1 Jupiter, FL 33458 561. K03331561.6B6.3705 Fax Adicraai R. Stade, MAL SRA, CRE Cert Gen RZ116 rnrs.C-om Stephen D Shaw. AAAI Gert Gen RZI192 sdswpb.comn RobertA. Callaway, MRICS Cert Gen RZ2461 rac@cpwpbcom TREASURE COAST 18M South 250'Street; Suite 1 Fat Pierce, FL 34947 772.494SM71772.461.OSM Fax Stmt" 772.287.3360 Stephen G. Aeilt Jr„ AAAI Cart Gen 872480 s.neIIIOmGawayandprk=m CENTRAL FI.OR[r)A 2816 E. Robinson Sheat Orlando, FL 32603 Phone (321)7260970 Fax (321)728-0391 Curtis L Phillips, AAAI Cert Gen RZ2086 elp"Rl.eortr SPACE COAST 114 61 Avenue Suite 3 Indlelarulc, FL 32903 Phons , (321)725-0970 Fax (321)7260394 Curtis L. PhIIRps, AAAI Cart Gan R72095 clpowniel.com Callaway & price, Inc. Real Estate Appraisers And Consultants www.callawayandprice.com Licensed Real Estate Brokers Plasse respond to the South Florida ofte E -Mail; sds®cprvpb.com December 14, 2015 Theresa tltterback Development Services Specialist Baynton Beach CRA 710 North Federal Highway Boynton Beach, FL 33435 Dear Ms. Utterback: We would be pleased to prepare an appraisal report: on the vacant site located at 222 North Federal Highway In Boynton Beach, Florida. It Is our understanding that the purpose of the appraisal Is to estimate the Market Value of the Fee Simple Estate. This report will be prepared for our client and intended user, Boynton Beach CRA. The Intended use is to assist the client for Internal decision making. The scope of work performed is specific to the needs of the Intended user and the Intended use. No other use is intended, and the scope of work may not be appropriate for ogler uses. The fee would be $1,900. The fee is due and payable upon delivery of the report. We will provide a PDF of the final report and a hard copy upon request. We will have the report completed in approximately 3 1/2 weeks from the day we receive your authorization. Theresa Utterback Development Services Specialist Boynton Beach CRA December 4, 2015 Page Two The Boynton reach Community Redevelopment Agency is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA In order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. I=nsure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth In this agreernent/contract shall constitutq a Default and Breach of this Agreement. If Contractor fails to cure the default within seven (?) days' notice from the CRA, the CRA may terminate the Agreement. Theresa Utterback Development Services Specialist Boynton Beach CRA December 4, 2015 Page Three If the above is agreeable to you, please sign below as our authorization and return It so that we may begin work Immediately. This agreement is subject to the Agreements and Conditions listed on the attached pages, a copy of which should also be signed and returned to us. Our work will be done in accordance with the Appraisal Institute Code of Ethics and Standards of Professional Practice. Thank you for the opportunity to be of service. Respectfully submitted, CALLAWAY & PRICE, INC. -2� 1-04� c�� Stephen D. Shaw, MAI Cert.Gen. RZ1192 SDS/js Attachments Client: Accepted By\Date: Date Name and Title (Printed or Typed): Client Fed ID# or SS#: Boynton Beach CRA Si attire Vvl,,,v .-D-H73416 M � ':fir r.e Conditions of Agreement s: wl�rir><oNs aF AAMEMj 1. Premise: The completed report shall comply with the professional and ethical standards of the Appraisal Institute. The report will be addressed to the Client, or, as directed by the Client. 2. Co a on: The fee is due and payable as designated in the contract letter; the retainer is to be sent to the Appraiser along with the signed contract letter, which constitutes authorization to commence the assignment. The Appraiser's/Consultant's compensatlon is in no event contingent upon a predetermined value or conclusion. 3. Comnletlg . _ Date: Every effort will be made to deliver the report ,as per the specified date in the contract letter. If delays occur for reasons beyond the control of the Appraiser/Consultant, such as not receiving necessary data requested from the Client in a timely manner, changes in the scope of services of the assignment, acts of God, et cetera, the due date shall be extended. 4. Changes: The Appraiser/Consultant shall, to the best of his ability, complete the assignment to compliance with professional and ethical standards of the appraisal Industry. Changes which are not in keeping with these standards will necessitate a new contract letter and renegotiation of the original fee; or billed on a time basis plus the original fee. 5• gpocellation: This agreement may be cancelled by the Client by written notice, or telephone followed by written notice. Appraiser/Consultant shall submit a statement based on professional time and expenses accrued, if applicable, for all services expanded to the date of cancellation. fi. Additional Re on rt Qg 1e5: Additional copies will be furnished upon request, and prepayment of $1 per page per report. 7. Collection: All fees and expenses are due upon delivery of the final report. A late charge of 1.5% per month shall be Imposed on balances unpaid 30 days after the statement date. If collection efforts become necessary, all costs for same, including court costs and attorney's fees will be added to the balance due. We are currently operating under an agreement with a collection agency which charges us 53.8%. IF THEIR COLLECTION SERVICES ARE REQUIRED, CLIENrs TOTAL BALANCE DUE WILL BE INCREASED BY 53.8%. S. 11mitina Conditions: This agreement and the completed report shall be suEblect to the attached Limiting Conditions (also included in said report). t : [.ondiffons of Agreement 9. Cofldential Data: Data assembled for the assignment will remain the property of the Appraiser/Consultant. Data provided by the Client will be held In file, unless otherwise instructed by the Client, and considered confidential. Appraiser/Consultant Is authorized by the Client to disclose the report to appropriate representative of the Appraisal Institute to comply with the Bylaws and regulations of this professional organization. I hereby agr to the Conditions of Agreement outlined above. Client's Dame ba a of Acceptance �4. �= Limiding Conditions 144Lt it 11._:: k.� •.I� 1. Unless otherwise stated, the value appearing in this appraisal represents the opinion of the Market Value or the Value Defined AS OF THE DATE SPECIFIED. Market Value of real estate is affected by national and local economic conditions and consequently will vary with future- changes in such conditions. 2. The value estimated In this appraisal report is gross, without consideration given to any encumbrancer restriction or question of title, unless specifically defined. 3. This appraisal report covers only the property described and any values or rates utilizes# are not to be construed as applicable to any other property, however similar the properties might be. 4. It is assumed that the title to the premises is good; that the legal description Is correct; that the Improvements are entirely and correctly located on the property described and that there are no encroachments on this property, but no Investigation or survey has been made. 5. This appraisal expresses our opinion, and employment to make this appraisal was In no way contingent upon the reporting of predetermined value or conclusion. 6. No responsibility is assumed for matters legal In nature, nor is any opinion of title rendered. In the performance of our Investigation and analysis leading to the conclusions reached herein, the statements of others were relied on. No liability is assumed for the correctness of these statements; and, in any event, the appraiser's total liability for this report is limited to the actual fee charged. 7. Neither all nor any part of the contents of this report (especially any conclusions, the identity of the appraiser or the firm with which he is connected, or any reference to the Appralsal Institute or any of Its designations) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without our prior written consent and approval. S. It Is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. The appraiser assumes no responsibility- for such conditions or the engineering which might be required to discover these factors. Limiting! Conditions 9. Unless otherwise stated In this report, the existence of hazardous substances, including without limitation stachybotrys chartarum (mold), asbestos, polychlorinated blphenyls, petroleum leakage, "Chinese drywall" or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of, nor did the appraiser become aware of such during the appraiser's Inspection. The appraiser has no knowledge of the existence of such materials on or in the property unless otherwise stated. The appraiser, however, is not qualified to test for such substances or conditions. If the presence of such substances, .such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimated Is predicated on the assumption that there is no such proximity thereto that would cause a loss in value. We are unaware of very wet conditions that may have existed for days or weeks which are required to grow mold. No responsibility Is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. 10. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The appraiser has not made a specific compliance survey and analysis of this property to determine whether or not It Is In conformity with the various detailed requirements of the ADA. It Is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could rev®al that the property is not In compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraiser has no direct evidence relating to this issue, possible noncompliance with the requirements of ADA In estimating the value of the property has not been considered. QUALIFICATIONS Qualifications - Stephen A Shaws !i?AI Profession nations Ucens s ins Member, Appraisal Institute, MAI Designation #14461 Florida State -Certified General Appraiser RZ1192 Florida State Licensed Real Estate Salesman 0495422 Professional Experience Principal, Callaway & Price, Inc., since January 1999 Senior Appraisal Consultant, Callaway & Price, Inc., since July 1997 - December 1998 Appraisal Consultant, Callaway & Price, Inc., since April 1994 Associate Appraiser, Pinel & Carpenter, Inc., Orlando, April 1992 - March 1994 Appraiser/Researcher, Callaway & Price, Inc., September 1987 - March 1992 Special Magistrate Palm Beach County since 1996 Special Magistrate, Martin County, 2449 Qualified as an Expert Witness Palm Beach County, Florida Martin County, Florida Broward County, Florida Sarasota County, Florida rc• Bachelor of Science Degree, Business Administration, Major in Real Estate and Finance, University of Florida Appraisal Institute: Course 101 - An Introduction to Appraising Real Property, 1992 Course 201 - Principles of Income Producing Properties, 1991 Course 2-1 - Case Studies in Real Estate Valuation, 1992 Course 540 - Report Writing and Valuation Analysis, 1993 Course 2-3 - Standards of Professional Practice Parts A & B, 1991 Numerous seminars sponsored by the Appraisal Institute AndraisinatConsultina Expertise Acreage ACLFs Apartment Complexes Automotive Service Facilities Bowling Alleys Commercial Buildings Condominium Projects Eminent Domain Golf Courses Hotels Marinas Mini -Warehouses office Buildings Office/Warehouses Retail Buildings Restaurants Special Purpose Properties Shopping Centers Vacant Commercial Land Vacant Industrial land Vacant Multifamily Pods Vacant Residential Land Vacant Single -Family Subdivisions Warehouses Qualifications r She hen D. ShawMAS O anizations and Affiliations Appraisal Institute: Experience Review Committee Ethics & Counseling Committee South Florida Chapter Board of Directors Business Development Board Palm Beach County, Member STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD 854-487-1395 n 1940 N. MONROE ST. TALLAHASSEE FL 32399-0783 SHAW, STEPHEN DAY 733 SE MICHAELS COURT STUART FL 34996 CongratulWotisl Wrth this license you become one of the nearly one rr<IIIloji Florldl;ans licensed by the Qepartmetrt bf Business and 'Professional lt;egulalion. OUr professionals and businesses range from architects to yacht brokers: from boxers to barbeque resWurants, and they keep Florida's economy strong. Every day we work to improve the way we do business In order to serve you better: For Informaflori about our services, -please log onto www myflorldalic"se.coni. There you can find more Information about dur divisions and the re uiaklans ttrot impact you, subscribe to department newsletters and leam more about the Department's Initistivas. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers, Thank you for doing business In Florida. and congratulalions on your new license! RICK SCOTT, GOVERNOR UEPARTMEPIT 77 DETACH HI=RE $TATE.aF FLORIDA DEPARTMENT OF-SUSWESS AND FR aI' E IAt::kU LATI o �f IZsa�..��z14 i1 ; CtRTILFIED. Gi AHAW, 07PI,I IN --...A ,,y Is.Gelirl,Ff�D under the provitions or gh.,�74 FbB . plreeondnle : H4H84 19' : !jjj %0092301 KEIT LAWsoN. SIRGRETAFtY OF. FL©RIDA . AND PROFESSIONAL REGULATION ;5TAT� IP.1?E AISAL'.BD: . 1. . & �—* Qualifications - Joe M. Merritt Professional Designations\Licenses\Certifications Florida State -Certified General Real Estate Appraiser, RZ672 Professional Experience Staff Appraiser, First Federal Savings & Loan Association of Delray Beach, 1977-1982 Associate Appraiser, Callaway & Price, Inc., since September 1982 Oualif`igd As An Expert Witness Circuit Court of Palm Beach County, Florida Education Florida Real Estate Commission, Course 1, 1977 Appraisal Institute: Course 101 - An Introduction to Appraising Real Property, 1978 Course 201 - Principles of Income Property Appraising, 1978 Narrative Report Writing Seminar & R-2 )examination, 1978 Course 1A-1 - Real Estate Appraisal Principles, 1987 Course 1A-2 - Basic Valuation Procedures, 1987 USPAP Core Later for Appraisers, 1994 Appraisal Review, 1994 Numerous Continuing Education Courses and Seminars by: Appraisal Institute Gold Coast Professional Schools Bert Rodgers Schools McKissock Appraisal School South Florida Water Management District Annralslag\Consulting Expertise Agricultural Land Automobile Dealerships Civic Sites Commercial Buildings Condominium Projects Eminent Domain Environmentally Sensitive Lands Gas Stations/Convenience Stores Golf Courses Market/Feasibility Studies Warehouses Marinas Office Buildings Regional Malls Retail Buildings Self Storage Facilities Shopping Centers Sovereignty Submerged Land Special Purpose Properties Commercial Land Industrial land Residential Land STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD 1940 N. MONROE ST. TALLAHASSEE FL 32399-0783 MERRITT, JOE M 509 CHAPEL HILL BOULEVARD BOYNTON BEACH FL 33435 Congratulationsl With this license you become one of the nearly one mipion Floridians licensed by the Department of Business and Professional Ragulatlon. our priofestlonais and businesses range front archlteW to yacht brakeTs, #four boxers tb barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order tb serve you better. For information about our services, please log uhto www.myflorldaltoense.eom. Thera you can find more Information about our divisions and the regulations that Impact you, subscxlb6 to department newsletters and learn more about the Department's initiatives. Our mission at the Department Is: License Efticlently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business In Florida, and congratulations on your new license! DETACH HERE 850-487-1395 STATE.OF FLORIDA bEPARTM9.MT F BUSINESS AND PRO1=EI ALIFGU.LAT1.01� 07. CERTIFIED'Cti�tdERAt,QyPPRR[3�2' is CEFiTIFIFI). trader the.,pro'vMFRRf isions OVM475 Fs.. e Natv3WM1g tlaosisepox�ss RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY STATE OF-FLQRIDA DEPARTMENT QF. -BUSINESS AND, PROPESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD ' h The CERWILD GENE RALAPPRAWER Named .below IS CERTIFIER Under the provisions of Chappter 475 FS. NQV 2016 i 4pfratlon.dato.: 30, -MERRITT, JOE M. .' 509 CHAPEL HILLB YNTON 13EAOH X3435 ft�m ,:.:: LSBUED: 09MWO14 DISPLAY A5 REQUIRED BYLAW SEQ # L1409150003368 BBEATUC'CRA CRA BOARD MEETING OF: February 14, 2017 I Consent Agenda JX I Old Business I I New Business I J Legal I I Information Only I ICRAAB AGENDA ITEM: XIII.H. SUBJECT: Completion of Boynton Harbor Marina, Marina Open Space & Roadway Improvement Project SUMMARY: The CRA Board approved funding in the FY 2015-2016 budget for the construction of the final phase of the Boynton Harbor Marina's Master Plan; the Marina Open Space & Roadway Improvement Project. This includes a new marina boardwalk entrance, seat wall, lighting, landscaping, sidewalk, existing roadway realignment and improvement. The project is located on the CRA owned parcel located at 700 Casa Loma Boulevard. As a result of the RFP for the Boynton Harbor Marina, Marina Open Space & Roadway Improvement Project issued on May 17,'2016, Collage Design and Construction Group, Inc./The Collage Companies was selected as the general contracting firm for the project (see Attachment 1). On August 3, 2016, the AIA A101-2007 & A201-2007 Contract Documents were executed by the CRA and The Collage Companies in the amount of $820,612 for construction of the project (see Attachment 11). At various times during the course of project construction, pre-existing and unforeseen environmental conditions forced the contractor and the project's engineering firm into situations where the design/construction plans, methods of construction, scheduling and materials had to be changed in order to complete the project. In addition, CRA staff made changes to materials, design, operational and quality control elements to the project during the construction period. As a result of these alterations to the original project, time durations and expenses were added to the overall cost of the project in the amount of $75,745. However, by working closely with Collage, CRA staff was able to obtain various construction line items credits for unused items and in some cases divert those credits to offset the cost of additional work required to complete the project. The CRA Board approved the executed contract price of $820,612 with a contingency of 15% for a total project budget amount of $943,704. The total cost of the project came in under budget at a total cost of $896,357 less any additional credits that may be obtained during final project closeout. This project is the completion of a multi-year, multi -prase marina redevelopment project that began in 2006 with the CRA's acquisition of the site with the intent to preserve the working waterfront and to create a tourism draw for downtown. An official project ribbon cutting event will be planned for some time in March 2017. FISCAL IMPACT: A total project cost of $896,357 from approved FY 2016-2017 Budget line item 02-58200-404 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Downtown District (pages 81 — 92), Boynton Harbor Marina Master Redevelopment Plan CRAAB RECOMMENDATION: NIA CRA BOARD MOTION/OPTIONS: NIA Michael Simon, Interim Executive Director F7r LX � •YL so ATTACHMENT I Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 IX. Pulled Consent Agenda Items: Motion Ms. Romelus commented she wanted to pull Item C and so moved. Mr. Casello seconded the motion that unanimously passed. Ms. Romelus noted on page 2 of the .lune Minutes, she met with Mike Deboos. Motion Vice Chair McCray moved to approve as amended. Mr. Casello seconded the motion that unanimously passed. X. Information Only: A. Public Comment Log - None B. Marketing and Business Development Campaign C. GRA Advisory Board Agenda XI. Public Comments: (Note: comments are limited to three minutes in duration) Chair Grant opened Public Comment. No one came forward. XII. Public Hearing: None X111. old Business: A. Selection of Contractor for Marina Open Space Project Mr. Simon explained this item was the final phase of the Marina Master Plan. An aerial of the Marina and completed entry tower, slip renovation, and Harbor Master Building was viewed. Staff issued a Request for Proposal (RFP) with a submission deadline of June 23`d. There was a mandatory pre -submission meeting at the project site and three responses were received. The full responses in the meeting backup were from West Construction, Collage Construction, and Lunacon Construction. The responses were reviewed by an evaluation team comprised of CRA and City staff, Marina management and VHB Engineering and Design firm. The ranking sheet was included along with a legal analysis. The RFP has categories for points scored in addition to the price such as the qualifications and related experience of the firm and staff, and a professional approach to construction for the project. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 Collage was ranked first, followed by West Construction and Lunacon Construction. Chair Grant learned VHB Engineering and Design handled the architectural work for the entire project Master Plan which cost about $638,000 for all three phases. They handle the construction services administration and they helped with the bid document and with the review of the responses. The next phase will be a review of product submittals for approval, responding to issues from the contractor, and providing construction management services. Mr. Simon explained the CRA already paid 30% of the permit fees associated with the project and there will be more fees based on the total price. Mr. Casello asked how much was paid to demolish the old dive shop and learned it was about $24,000. Mr. Katz asked about the handout and what the preference was. Ms. Brooks explained the CRA has property they own at the Marina except where the fuel pumps were located. All the slips and open space have a deed restriction under the Waterfront Bond program the County had years ago. The CRA approached the County three times for the project, which was finally approved in 2015. Staff made many attempts to change the use to be more publically accessible. Mr. Katz thought the restrictive covenants specified nothing could replace the tom down building. Mr. Simon explained the covenant pertained to an easement protecting marina -related uses and there is a County approved Master Plan. The covenant does not restrict it to being a structure or a non -structure. Whatever use the Board wants in that location must be marina related and approved by the County. Mr. Simon explained marinas were being sold to condominium developers and the County issued a bond to protect marinas. Vice Chair McCray received confirmation County Commissioner Priscilla Taylor worked with the City on the project. Chair Grant learned any sort of structure that would change the Master Plan would need County approval. Ms. Romelus asked what the time frame would be and learned it would depend on what was wanted. Mr. Katz commented the CRA invested a great deal of money at the Marina, but it has not fulfilled its potential. There are vacant storefronts and land that should be used as an attraction. People he spoke with did not feel open space was a draw and the building that had been demolished had economic value. He expressed the CRA should take a more proactive approach to make it a destination and the open space was on the wrong side of the dock. He thought it would be an attraction if it were on the Intracoastal, but the current location was near the fish cleaning station and where debris collects in the water. Mathew West, Vice President for West Construction, advised the company has been operating in Palm Beach County for 47 years and they did half a billion dollars in business in the last 10 years in South Florida. They have about a $100 million backlog and have a bonding capacity of $50 million for individual projects and $150 million in the aggregate. Mr. West noted West Construction was $135,000 below the number one ranked firm, and they did not know why West Construction or Lunacon Construction 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 were not selected. A few years back, West was the low bidder and was not selected for the Harbor Master's Building and the same firm that was ranked number one was also ranked as number one then. Mr. West advised he does not feel comfortable about the process and encouraged the Board to research the matter before voting. He thought there appeared to be something going on and they will no longer participate in procurement opportunities for the CRA if the Board moves forward with the bid given the history that occurred with procurement with GRA projects. Mr. Katz requested Mr. West elaborate on the concern. Mr. West thought if looking at the disparity in cost and the qualifications of the firm, West Construction had a 20% price benefit to Collage, and Lunacon, a Miami based firm, was 42% cheaper than the first ranked firm. It did not make sense to Mr. West a few years ago when they were $80,000 cheaper and the same thing happened. He feels, as a Board, they have an obligation to ensure that what is being done and recommended by staff is in the best interest of their constituents. Chair Grant noted the meeting backup contained the rankings. Mr. Simon explained the evaluation was done in four categories. On the price proposal, Collage was not ranked first as Lunacon was ranked first. All of the firms ranked closely. It is a close evaluation. The Evaluation Team consisted of Ms. Brooks, Chris Brown, Kenneth Ray, Andrew Mack and Brian Smith. Licensed engineers and landscaped architects reviewed the plans and the responses. The CRA Legal Department reviewed the plans as did Brian Smith, having 25 years in the Marine industry, Andrew Mack, City Engineer and former Building Official. Mr. Simon explained the rankings are based on the criteria and it is not a low bid release as it allows for other aspects to be analyzed. Tara Duhy, CRA Counsel explained they conduct a review for compliance based on the criteria in the proposal. A memo was included that analyzed each firm as a responsible or responsive bidder. She pointed out legal staff does not make recommendations, only conducts an analysis which is provided to staff to be used in their selection. Vice Chair McCray asked if there was anything going on. Mr. Simon responded nothing was going on. Chair Grant opened the public comment. Linda Cross, 625 Casa Loma Boulevard, Unit 601, explained she was involved with the Marina for eight years and had spoken to the County Commission. She respectfully disagreed with Mr. Katz's thoughts about open space. The problem is there was nothing that flowed all the way around to get to the Marina. There is a connector that goes from the entrance to the Harbor Master's building. It opens up and attracts jet skiers, boaters and fishing rentals to the Marina. It finishes off the area and brings in the public. The area has a very small concrete pad and the effort was ongoing for at least eight years. [.1 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 She commented the CRA needs to finish the Marina. She is Chair of CRA Advisory Board and they reviewed the contracts and recommended the CRA Board accept the recommendations of staff. The CRA Advisory Board challenged the price and learned the technical aspects of how the area and the open space, would be developed. She thought it would be a waste of time and money to go back and change the plan. Vice Chair McCray asked Ms. Cross if the CRA Advisory Board recommended approval of the item as presented and learned they did. Mark Karageorge, 240 A Main Boulevard, explained when the County approved the bond for marinas the emphasis was on public access because at the time, many marinas in the County were being redeveloped into condominiums. The Boynton Harbor Marina received the lowest amount of county funds given to any marina and the CRA leveraged the funds better than any other municipality. He commented Chapter 163 notes if an activity is not in the Plan, it could not be implemented. The Master Plan has been in place for more than nine years, and was voted on six times. The majority always called for green space and this was the final phase of the Marina project. He requested the Board stick to the Plan. Mr. Karageorge served on the CRA Board when the Board decided to address the Harbor Master building, landscaping, and the fuel pump and Collage did an excellent job. West Construction was not selected because at the time, they had litigation with a municipality that scored them a little lower. He explained West Construction is a great company and does a great job, as does Collage. He was unfamiliar with Lunacon, but noted Collage used local subcontractors. The landscape company they use is from t_oxahatchee and the contractor is on site. When the Harbor Master building was under construction, there were no complaints. If there was an issue, it was resolved that day and they finished the project on time and under budget. He thought the Board should follow the advice of the advisory board, staff and legal He noted when West was not selected, West fled suit against the CRA and Collage, which was dismissed Buck Buchanan, 807 Ocean Inlet Drive, commented he was also on the CRA Board at the time West Construction protested the bid. He explained the dive shop building that was tom down was way out of Code and there was no functional way to put something there. Open space enhanced the potential for retail and other activities on the ground floor of Marina Village. There are places for people to sit. He noted people in Florida like to sit outside noting there are restaurants with outside seating on Federal Highway. He thought it would be an enhancement and agreed with Ms. Cross' comments. It was in the Master Plan and he could not come up with a single use that would be more of an attraction and not a detriment to the Marina. He hoped all would follow the Master Plan and complete the project. Mr. Casello commented he was the only one who wanted to save the building that was demolished. He agreed the building had Code violations, but thought the Board did not do enough or explore enough what they could have made of the building. He thought VA Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 the Plan was expensive and vanilla and he agreed with Mr. Katz. The CRA will install sod, benches and Palm trees. He noted the fish cleaning tables are on that end and he was not in favor of the green space. He thought the Plan had no imagination. Vice Chair McCray explained when the Board wanted to give the CRA Advisory Board something to do, they assigned them the review, and they brought back a recommendation. Motion Vice Chair McCray moved to award the bid to Collage Company. Chair Grant inquired if Mr. West could bond his company, if the CRA could renegotiate the contract. Attomey ❑uhy explained a contract could only be negotiated after the bid award. Chair Grant noted the two issues are lawsuits and cost overruns. He asked if West Construction sued the CRA. Mr. West explained they had a bid protest on the prior award, which was worked out with the CRA. The issue was the language in the bid document. The language did not give the contractor the opportunity to explain the litigation history. It indicates the bidder would be considered non-responsive if the firm had any legal matters with public entities. The language was restrictive and penalized the firm as it pertained to their judicial rights in a process. The firm and CRA legal staff agreed to change the language and West Construction agreed to withdraw. Mr. West explained any cost overruns the company had were owner -initiated changes. With the City of Parkland, West Construction finished a large multi-million dollar park. The City was happy with their performance and gave a change order for the next phase. The owner -initiated change was $1.4 million. It looked like there was a large cost overrun when there was not. Ms. Romelus explained Collage indicated the same thing but West Construction did not respond to it when Collage did. She asked why they did not respond then. Mr. West was unsure as he did not prepare the bid response. Chair Grant passed the gavel and seconded the motion to award to Collage. Chair Grant likened the Marina to the Boardwalk on Federal Highway. He commented if the fish cleaning station was being used, it meant fish were caught. He thought the only thing to do was to continue the Boardwalk at the Marina and it quid be a showpiece. He was aware Freedom Boat Club would become a new tenant and CRA staff was proposing increasing the dock fees during the budget. He thought it would make it a tourist destination. The footprint of the dive shop was about 1,200 square feet. Chair Grant thought not much could be developed due to setbacks and Codes. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 12, 2016 Attorney Duhy asked if the motion should include direction to staff to enter into contract negotiations and approve an executed contract and learned it did. Vote Vice Chair McCray announced the motion passed 3-2 (Messrs. Katz and Casello dissenting.) Ms. Romelus advised she did not vote and asked about the timeframe if they redid the plans and how long the land would be vacant. Mr. Simon explained the current project is a four-month project. If she wanted to do something else compared to what already exists, it would be about 18 months. Mr. Brooks explained the CRA approached the County in 2012 for this place. The tower was completed 2011 and was ready to go on the current project in January 2011, but had to delay it due to the easement and getting an outside entity's approval over the CRA Board. Ms. Romelus recorded her vote affirmatively. The motion passed 3-2. XIV, New Business: A. PowerPoint Presentation and Discussion of Proposed CRA Consolidated Plan Ms. Brooks explained the purpose of the Plan is to merge and consolidate the various CRA plans into one document. The CRA would not be approving the Consolidated Plan at the meeting, rather, staff needed the Board's feedback if the changes they are proposing from the adopted plans were wanted. The City and CRA got together and based on population growth projections, determined where growth should occur. The presentation was to obtain further direction. Mr. Katz had heard there was a request from the CRA Advisory Board for additional time to review. Ms. Brooks explained staff was presenting Cliff Notes and they will do another Cliff Notes for the Advisory Board. Staff was trying to obtain a quorum for a July 21"�' special meeting and Ms. Brooks noted the Advisory Board is not familiar with land use and planning and zoning. At the last meeting, the Advisory Board had stayed until 11:30 p.m. Mr. Katz thought if they wanted additional time, it should be granted since the Board would not vote on it. Ms. Brooks pointed out staff has timelines to meet such as writing a draft plan that will come before the Commission. There will be public hearings and the goal is to have a plan for the CRA Board to review on August 9 , and for the City Commission to review on August 16�' and September 6t'. Mr. Casello explained he sat in on the meeting at the Library which was well attended, but there was not much public input as questions had to wait until the end of the presentation. He thought it was too long and too in-depth and suggested breaking it Boll lira a 2 t CRA BOARD MEETING OF: July 12, 2016 I Consest Agenda I X I Ow Budnen 11 New Sadneu _! I Pub& Hearing J Ioffiw AGENDA ITEM: XIII. A. SUBJECT: Consideration and Selection of a Proposal(s) to the Boynton Harbor Marina, Marina Open Space & Roadway Improvement Project Request for Proposal (RFP) issued on May 17, 2016. SUMMARY: The CRA Board approved funding in the FY 2015-2016 budget for the construction of the final phase of the Boynton Harbor Marina's Master Pian; the Marina Open Space & Roadway Improvement Project. This includes a new marina boardwalk entrance, seat wall, lighting, landscaping, sidewalk, existing roadway realignment and improvement. The project is located on the CRA owned parcel located at 700 Casa Loma Boulevard (see Attachment 1). This will complete a multi-year, multi -phase marina redevelopment project that began In 2006 with the CRA's acquisition of the site with the intent to preserve- the working waterfront and to create a tourism draw for downtown. The RFP for the Boynton Harbor Marina, Marina Open Space & Roadway Improvement Project was issued on May 17, 2016, with a submission deadline of June 23, 2016, 3:00 p.m. and included a mandatary pre -submission meeting held by CRA staff and the CRA's design firm of VHB, Inc. In addition to cost, the RFP. format provides the CRA the opportunity to request and review a variety of professional informatlon from each firm that can be considered as part of the contractor selection process (see Attachment 11). As of the RFP response deadline, the CRA received proposals from' three general contracting firms (see Attachment Ill). The three proposals were independently reviewed by CRA/City staff, the CRNs project design consultant; VHB, Inc., the CRA's marina management firm, and CRA legal counsel for legal sufficiency (see Attachment IV). Based on the results of the Proposal review and evaluation process, The Collage Companies was ranked highest as the most responsive and responsible Proposer for the CRA under the terns and conditions set forth in the RFP. The project cost as submitted by The Collage Companies is $785,612. Staff is requesting approval to include the cost to replace the existing wood walkway with new Ipe wood to match the new project area. The cost for this additional item is estimated to be. $35,000. FISCAL IMPACT: Account # 02-58200-404 - Cost Proposal of $785,612, plus replacement of the existing wood walkway estimated at $35,000 for a total contract price of $820,612. A 15% contingency will be added to the contract price for a total budget encumbrance amount of $943,704. CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision & Master Plan, Boynton Harbor Marina Master Redevelopment Plan, RECOMMENDATIONS: Approval of The Collage Companies as the general contracting firm for the Boynton Harbor Marina, Marina Open Space & Roadway Improvement Project in the amount of $820,612. Direct staff to enter Into contract document negotiations, and approval to execute the contract document once approved by CRA legal counsel and CRA staff. CRA ADVISORY BOARD RECOMMENDATIONS: Approval of item as presented. -44Z.,m _ Michael Simon, Assistant Director TAA( IA% CONSENT AOS. MOWNLY REPOS qya„ da ROM %quaet Fame by L%Oti M%M BomffY2015 - 201@ Board MeetlngsyJuly 2DIgt%Mcnon aF a Cne*od,. RFP Mvhtit Cron SP— pmod4ow ATRTACHMENT I A"I"TACHMENT II BO 0iCRA The Boynton Beach Community Redevelopment Agency (BBCRA) is soliciting proposals for the construction project listed below and will accept sealed proposals for the project at its office, 710 N. Federal Highway, Boynton Beach, FL 33435 ON OR BEFORE Thursday, June 23, 2016 no later than 3:00 p.m. Eastern Standard Time. All Proposals not received prior to the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the BBCRA's Reception Area is the time of record. Request for Proposal (RFP) documents, conswwdon plats and specifications must be obtained from the BBCRA office or website at www.catchboynton.com, REQUEST FOR PROPOSALS IRM BOYNTON HARBOR MARINA PHASE 1B — MARINA OPEN SPACE & ROADWAY )[MPROVEMENT PROJECT Located at 700 Can Loma Boulevard, Boynton Beach, FL Issue Date: May 17, 2016 Proposal Submission Deadline: June 23, 2016 (no later than 3:00 p.m-) Mandatory Pre -Submission Site Meeting: 11:00 a.m., May 26, 2016 (at project site) The BBCRA will only accept Proposals submitted by licensed General Contractors. At the time of Proposal submission, each Proposer must be properly certified and licensed in the State of Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified work. Among the factors that will be considered in determining whether a Proposer is a non- responsive onresponsive and non -responsible Proposer for purposes of this project are: 1. The Proposer does not hold the requisite licenses) to apply for and obtain permits required for the work, and 2. The Proposer has not completed three (3) or more similar or related enhancement projects for a public entity or private sector developer within the past forty-eight (48) months. 3. The Proposer has been a party to litigation or arbitration arising from a project for a public entity within the past forty-eight (48) months. 4. The Proposer is not able to provide proof of ability to obtain a bond to secure completion of the project. S. The Proposer has not attended the mandatory pre-aubmission site meeting listed in Section 1.3 below. 6. The Proposer has paid liquidated damages to a public entity for a public project that was delayed more than ten (10) days, within the past forty-eight (48) months. 7. The Proposer was the contractor on a public construction project that incurred cost over- runs in excess of ten percent (109A) of the amount of their bid amount, within the past forty-eight (48) monthm Page i of 31 The Board of the BBCRA reserves the right to reject any incomplete Proposal or any Proposal submitted by a Proposer who is not a responsive or responsible Proposer as described above. ANY PROPOSALS NOT RECEIVED PRIOR TO THE DATE AND TIME SET FORTH ABOVE WILL BE REJECTED AND SHALL NOT BE CONSIDERED. The time stamp or clock at the BBCRA's Reception Area is the time of record.. INTRODUCTION Created pursuant to Chapter 163, Florida Statutes, the BBCRA serves the community by guiding redevelopment activities such as affordable housing, downtown commercial and residential redevelopment projects, special events, economic development and funding programs that assist with the creation of a vibrant downtown core and revitalization of neighborhoods and commercial oreas within the BBCRA's boundaries. The BBCRA boundaries include 1,650 acres along the eastern edge of the City of Boynton Beach Over the past four years, the BBCRA has completed capital improvement projects such as the construction of an amphitheater for special events, relocation and conversion of a historic residential structure into a restaurant use, construction of a downtown parking lot as well as the redevelopment of the BBCRA's vibrant commercial Boynton Harbor Marina area. The BBCRA has long recognized the importance of preserving the City's local and historic commercial fishing and diving industry as a component of the BBCRA's Redevelopment Plan. In March 2006, the BBCRA purchased a portion of the Two Georges Marina which encompassed 19 marina slips and a two story retail building. This property is the location for the Marina Open Space Project as descried in this RFP. For informational purposes only, the project site is identified on an aerial map of the overall marina area and is attached as Exhibit «A7. In January 2007, the BBCRA acquired the vacant waterfront parcel and existing marine fuel dock with the intent to construct a permanent marina operations building and public restroom facility. In January 2016, the BBCRA completed the new Harbor Master Building & Fuel Dock Site Improvement Project consisting of the construction of a 1,500 square -foot operations building with public restroom facilities as well as landscape, hardseape and lighting improvement to the overall site. The BBCRA completed the fat phase of a multi -phase project with the construction of the Boynton Harbor Marina Entrance Tower Feature and Landscaping Project at the southern entrance to the marina area located at the corner of NE 6th Street and Can Loma Boulevard in September 2011. The Boynton Harbor Marina Open Space & Roadway Improvement project is the final phase of the BBCRA's marina redevelopment plan and will introduce a new waterfront public open space providing an enhanced pedestrian access point to the marina's commercial businesses, lush landscaping, shading, and seating areas for customers waiting to board their vessels, restaurant patrons and visitors simply enjoying the marina's scenery. The project will also provide new hardscape features, way -finding signage and address existing ADA accessibility issues within the marina area, as well as provide for the repair and maintenance of the marina slip one-way drive isle. 1.0 GENERAL PROJECT INFORMATION The Boynton Beach Community Redevelopment Agency (BBCRA) is accepting sealed proposals to select and contract with a qualified, responsible, responsive individual or entity to provide and complete construction, installation and services consistent with a Page 2 of 31 construction delivery process for the project described below (hereinafter referred to as the "Project"); The Contractor shall provide all materials, labor, and maintenance of traffic to perform the necessary construction activities to complete the Project, as specified in the construction plans preparod by VHB, Inc., a consultant to the BBCRA. For the purposes Of this RFP, the term "Contractor" means the successful Proposer that ultimately contracts with the BBCRA. See Attachment "A" Landscape & Hardsc ape Construction Pla s, Boynton Harbor Marina Phase 1B — Marina Open Space last dated Marg 23, 2016, (avaifable online at the BBCRA's website, www.ogc-Mowdon.com or on disk at the BBCRA office JocaW at 710 N. Federal lirghway, Boynton Beach, FL 33435). The Project's design and construction specification documents available firm the BBCRA constitute the entire project that is the subject of this RFP. The construction documents supplied by the BBCRA have been reviewed and have been approved by the City of Boynton Beach Building Department for permit issuance. All construction is to meet or exceed all materials quality specifications. No deviations from the construction plans will be approved without prior written request, notification to the BBCRA and formal approval issued by the BBCR& The Contractor is to provide a full-time, on-site Construction Manager assigned to the Pro jest. The Contractor is to provide all storage of materials, either onsite as approved by the BBCRA or offsite as needed, every effort should be made to prevent construction activities from impeding access, parking or deliveries to the existing restaurant(s) or other active marine businesses utilizing the marina area. Prior to the commencement of work, the Contractor is, required to Dave a construction plan in place outlining the means and methods to be used to reasonably ensure that continued access to these areas is provided for the duration of the Project. in the event that temporary disruption of activities is necessitated due to construction, the selected Contractor is to provide writtm notification to the B13CRA prior to the disruption of activity, a scheddule of the necessary construction activities and a guaranteed completion date of said activities. To the maximum extent possible all construction activities should be accessed from the waterside to limit any disruption of pedestrian accessibility to the marina. The work included in this project consists of furnishing all tools, materials, equipment and supplies as well as the performance of all labor, handling, services and incidentals, including applicable taxes necessary for the BBCRA. The foregoing description is general in nature. The scope of work is specifically defined by the Construction Plans found in Attachment "A", including any additions, addenda, or alterations thereto. The term Contract Documents also includes any contract or documents that the Contractor and the 13BCRA enter into as a result of this RFP. 2.0 PROPOSAL REQUM EMENTS Boynton Harbor Marina Phase 1— Marina Open Space & Roadway Improvement Project Page 3 of 31 2.1 Proposal Selection Criteria The most responsive and responsible Proposal that the BBCRA determines to be the most advantageous to the BBCRA, in its sole discretion, pursuant to its consideration of the criteria set forth in the RFP, including price and its procurement policy, will be awarded the contract However, the BBCRA reserves the right to accept or reject any or all Proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this Request for Proposal when the BBCRA, in its sole discretion, deems it to be in the BBCRA's best interest. 2.2 Personal Investigation and Obligation of the Proposer(s) Prior to submitting a Proposal, each Proposer shall inform themselves fully of the conditions relating to the construction of the Project and the employment of labor needed to complete the Project pursuant to this Request for Proposal. Failure to do so shall not relieve a Contractor or successful Proposer of his obligation to fiUmish all material and labor necessary to carry out the provisions of his Contract. At the time of the Proposal's submission, each Proposer shall submit a completed Site Uspeetion Confirmation form, Attachment "ED°, which is attached hereto. By submitting a Proposal, each Proposer is presumed to have inspected the site and to have read and to be thoroughly familiar with the requirements of this Request for Proposal, including all plans and Construction Documents (including all addenda). The failure or omission of any Proposer to examine any form, instrument or document shall in no way relieve any Proposer from any obligation in respect to Proposer's submitted Proposal. 2.3 Mandatory Pre-Submisslon Site Meeting The BBCRA will hold a mandatory pre -submission site meeting on May 26, 2016, at 11:00 am., at the Project site located at 700 Casa Loma Boulevard, Boynton Beach and identified on Exitibirt "A". Proof of attendance for the mandatory pre -submission site meeting will be indicated by the Proposer's or Proposer's representative's signature on the attendance sheet provided at the pre -submission site meeting. All Proposers must attend the pre -submission site meeting in order to be qualified to submit a Proposal. The purpose of the pre -submission site meeting is to provide prospective Proposers the opportunity to perform a site inspection, submit written questions and receive information on site issues. Failure of a Proposer or Proposer's representative to attend the mandatory pre -submission site meeting shall result in disqualification and rejection of a Proposal submitted by the non -attending Proposer(s). 2.4 Submittal Deadline The BBCRA will accept Proposals at the location listed below until 3:00 p.m., on June 23, 2016 ("Submittal Deadline'). It is the responsibility of the Proposer to ensure that submitted Proposals are received at the designated submittal location by the Submittal Deadline. Proposals received aft the submittal deadline will be disqualified and returned to the Proposer unopened. 2.5 Submittal Location The Proposal must be received in the office of the BBCRA, 710 N. Federal Highway, Boynton Beach, FL 33435, on or before the Submittal Deadline listed above. Page 4 of 31 2.6 Number of Copies In total, one (1) bound original of the Proposal and one unbound (1) clipped copy of the Proposal must be submitted, In addition, one (1) digital copy of the complete Proposal in PDF format on CD/DVD or thumb drive must be submitted. Facsimile or emailed copies of the Proposal will not be accepted. Proposals shall be clearly marked on the outside of the envelope as follows: Response to: REQUEST FOR PROPOSALS Mp BOYNTON HARBOR MARINA PHASE 1B — MARINA OPEN SPACE & ROADWAY IMPROVEMENT PROJECT Located at 700 Casa Loma Boulevard, Boynton Beach, FL Issue Date: May 17, 2016 Submission Deadline: June 23, 2016, no later than 3:00 p.m. 2.7 Project Delivery The Project construction is anticipated to reach Substantial Completion no later than one hundred twenty (120) days from the date of commencement and the date of the Notice to Proceed. For purposes of this project, the date of commencement and the Notice to Proceed date shall be the some date. 2.8 Type of Contract Any contract awarded from this Request for Proposal will be negotiated with the successfid Proposer and must be in a form approved by the BBCRA Board attorney and the BBCRA Board. It for any reason, a contract is not executed by the parties and approved by the BBCRA within twenty (20) days of the Award of Bid, the BBCRA may terminate the negotiations with the successful Proposer and move forward as it deems appropriate. The BBCRA will use the AIA 101-2007 "Standard Form of Agreement Between Owner and Contractor" and the AIA 201-2007 "General Conditions of the Contract for Construction" document. 2.9 Direction and Management The scope of work of this Project will fall under the direction and management of the BBCRA or its designated representative or agent. 2.10 Contacts A. Questions regarding the Construction & Design documents may be directed, in writing, to: VHB, Inc. Attn: Chris Brown, ASLA Senior Landscape Architect 225 E. Robinson Street, Suite 300 Orlando, FL 32801 P: 407.839.4006 � Direct: 407.893.4725 email: chrisbrowm vvhb.com Page 5 of 31 B. Questions regarding this RFP & Overall Project may be directed in writing to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beady FL 33435 (561) 737-3256 or email: nmfa bbfl.us Written responses to all written questions submitted shall be maintained in the BBCRA RFP project file and shall be made available to all Proposers to review upon request. 2.11 Chn iflcations and Interpretations 2.11.1 Answers to QWglLons Proposers are required to restrict all contact, questions and requests for clarifications regarding this RFP to the named individual(s) listed in, Paragraph 2.10 -Contacts. All such requests must be submitted in writing via email or fax and may be submitted at any tune but no later than 5:00 p.m., on dune 14, 2016. Answers to questions and requests for clarifications will be provided within a reasonable timeframe upon receipt but no later than 5:00 p. m, Jane 17, 2016. 2.11.2 CWca.Lms m Inteiroretations . Any clarifications or interpretations of this RFP that materially affect or change its requirements will be issued by the BBCRA or its representative as an Addendum. All such addenda issued by the BBCRA before the Proposals are due become part of the RFP, and Proposers) shall acknowledge receipt of and incorporate the requirements of each addendum in its Proposal by completing and including in their response package Attachment "B," Addenda Aelmowledgement: It is the responsibility of all Proposers to obtain, review and respond to any and all addenda issued, 2.l 1.3 A The BBCRA may issue written addenda regarding the RFP to clarify, comment upon, correct or as otherwise required to facilitate the RFP process. Should any questions, clarifications, interpretations or requests require revisions to the RFP as originally published, such revisions will be made by formal written Addendum only and will be issued by email and posted on the BBCRA website. Proposers shall consider only those clarifications and interpretations that the BBCRA issues by addenda no later than five (5) days prior to the Submittal Deadline. Any and all addenda issued by the BBCAR becomes an official part of the of the RFP document. interpretations or clarifications in any other form, including oral statements, will not be binding on the BBCRA and should not be relied upon in preparing the Proposal. 2.11.4 Cone of Silence Per Palm Beach County Code Section 2-355, after the deadline to respond to this RFP, members of the BBCRA Board and Staff not listed in Section 2.10 are prohibited from communicating directly or indirectly with Proposers regarding the substance of the Proposal submittals until such time as the BBCRA Board (1) awards or approves a contract, (2) rejects all Proposals, or (3) otherwise takes action which ends the solicitation process. Improper communication during this Page 6 of 31 Cone of Silence period may result in a penalty as outlined in Palm Beach County Code Section 2-327, 2.12 Public Infornmtion/Public Records Statement The BBCRA considers all information, documentation and other material submitted in response to this solicitation to be of non -confidential and/or non. proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 2.13 Obligations of Parties 2.13.1 Assumed Requirements Proposer understands and acknowledges by submitting a Proposal that the Proposal being submitted is based on assumed requirements for the proposed Project, and that the BBCRA has made no written or oral representations that any such assumed requirements are accurate should a contract arise from the submitted Proposal. Proposer is required to qualify all assumptions it nukes. 2.13.2 Costs of Proposal Submission. Proposer understands and acknowledges by submitting a Proposal that any and all, costs incurred by the Proposer as a result of the Proposer's efforts to participate in this selection process shall be at the sole risk and obligation of the Proposer. 2.13.3 Reimbursement The BBCRA will not provide compensation to Proposer for any expenses incurred in preparing or submitting this Proposal or for any presentations made. 2.13.4 Award of Contract The BBCRA makes no guarantee that an award will be made as a result of this RFP, and the BBCRA Board reserves the right to accept or reject any or all Proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting contract when deemed to be in the BBCRA's best interest. Representations made within the RFP Proposal will be bines on Proposer. 2.14 Completeness of Proposal 2.14.1 Completeness Proposer(s) should carefully read all information contained herein including the requirements to be a responsible Proposer as it is the responsibility of the Proposer(s) to submit a complete response to all requirements and questions. 2.14.2 Conditional Clauses Proposals that are qualified with conditional clauses, or alterations, or items not called for in the RFP documents, or irregularities of any kind are subject to disqualification at the option of the BBCRA. 2.14.3 Compliance Failure to comply with the requirements contained in the RFP request may cause rejection of the Proposal. 2.14.4 Rejection Proposals submitted after the. Submittal Deadline will be rejected returned unopened. Page 7 of 31 2.15 Withdrawal or Modification A Proposal may be withdrawn and resubmitted any time prior to the Submittal Deadline. Outside of the approved negotiation process, no Proposal may be changed, amended, or modified after the Submittal Deadline. No Proposal may be withdrawn after the Submittal Deadline without approval of the BBCRA, in its sole discretion, based on Proposer(s)' written request stating reasons for withdrawing the Proposal. 2.16 Ownership of Proposals Proposal costs and any other information submitted by Proposer(s) shall become the property of the BBCRA; however, the BBCRA may return all other Proposal information, upon written request, once a contract award is made. All 'technique proposals ', if applicable, or other deviations from the pricing requested must be submitted as alternates and will be considered only if the proposal pricing information requested by the BBCRA is provided. 2.17 validity Period Proposals are to be valid for the BBCRA's acceptance for a minimum of 90 days from the Submittal Deadline to allow time for evaluation and selection A Proposal, if accepted, shall rernain valid for the life of the Contract(s) resulting from this selection process. 2.18 Proposer(s) Acknowledgement and Compliance Certification Proposer(s) shall complete and .include a signed Proposer(s) Acknowledgement and Compliance Certificate exactly as shown in Attachment "C,'t Proposer(s) Acknowledgement and Compliance Certificate. 2.14 Tentative Schedule of Actions 2.19.1 Release of Request for Proposal May 17, 2016 2.19.2 Mandatory Pre -Proposal Site Meeting May 26, 2016 2.19.3 RFP Submittal Deadline June 23, 2016, no later than 3:00 p.m. 2.19A CRAAB Presentation July 7, 2016, 6:00 pan., City Hall 2.19.5 BBCRA Board Presentation July 12, 2016, 6:30 p.nL, City Hall 2.19.6 Construction to Begin On or before August I, 2016 2.20 Execution of Agreement 2.20.1 Offer of Contract Upon selection of the successful Proposer(s) by the BBCRA Board, the BBCRA will extend to said Proposer(s) an offer to enter into a Construction Services Contract. The terms and conditions of the Contract are subject to negotiation, but shall not deviate substantially from the qualifications and costs identified by the successful Proposers) in its Proposal and accepted by the BBCRA in negotiations. 2.20.2 BBCRA's Right to Withdraw In the event the successful Proposer(s) fails to return an executed contract within thirty (30) days of the Award of Proposal and Contract offer unless otherwise specified, the BBCRA reserves the might to withdraw its offer to enter into contract negotiations with the second ranked Proposer(s). 2.21 Proposal Restrictions 2.2 1.1 Conditional R onses Page 8 of 31 Responses that are qualified with conditional clauses, alterations, items not called for, or irregularities of any kind are subject to rejection at the sole discretion of the BBCRA. 2.21.2 Additional Information Except for alternate methods or pricing, additional attachments shall not be included in the Proposal. 2.22 Legal Regulrements and Public Entity Crimes 2.22.1 Legal Requirements Federal, State, County, BBCRA, and City of Boynton Beach laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer(s) will in no way be a cause for relief from responsibility. 2.22.2 Public Enfily Crimes All invitations to bid as defined by Section 287.012(l 1), Florida Statutes, requests for bids as defined by Section 287.012(16), Florida Statutes, and any contract document described in Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, Attachment "D" Public Entity Grimes Statement, 2.23 Bond Requirements 2.23.1 Proposal Guaranty All Proposals shall include the Proposal Bond form(s) Attachment "J" herein, or verbatim copy thereof. Proposals shall be accompanied by an acceptable five percent (5%) proposal bond., cash, certified check or money order if the Proposal amount exceeds $25,000.00. Said proposal bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida for purposes of service of process. The proposal bond amount shall be five percent (50A) of the Proposal price and shall constitute a guarantee that the Proposer, if awarded the Cont act, will enter into a written contract with the BBCRA to perform the Project pursuant to the Proposal. 2.23.2 Performance Guaranty In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the BBCRA, a 100% Performance Bond and a 100% Labor and Material Payment Bond, each in an amount not less than the total cost of the Project. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its Performance Bond: "Surety expressly agrees to be bound by all terms and conditions relating to liquidated, delay and time or impact related damages, and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law. Page 9 of 31 The Bond must be written by a Surety licensed to do business in Florida. and named in the current list of "Companies' Holding Certificates of Authority as Acceptable Sureties on Federal Bonds" as published in Circular 570(amended) by the Financial Management Service, Surety Bond Branch, and U.S. Department of Treasury. When the successful Proposer delivers the executed Contract to the BBCRA, it must be accompanied by the required Bond and required insurance certificates and policies if applicable. Such bond shall be executed and issued by a resident agent licensed and having an officer in Florida, representing such corporate surety. An Attorney in fact who signs bonds must file with such bonds a certified copy of their Power of Attorney to sign said bonds. 3,0 PROPOSER(S) QUALIFICATIONS 3.1 General Directions Pro ose s ' Qualifications — Res onses to the following are to be provided EXACTLY with the Iftm. varagraigh,and section numbers shown hereinafter. Qualification information submitted shall be applicable only to the company entity or branch that will perform this Work. Propaser(s) are inquired to submit a complete response: to each requested item that follows. Responses requiring additional space should be incorporated in to the Proposal as an attachment with reference by item number as listed in the following sections. 3.2 Proposer(s)' Location and Registration Name: Street Address: Mailing Address (if different): City, State, zip: Telephone No. : Fax No: Email Address of Contact Person: Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. Age of Organization – In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a pubhcally held company, list Chairman of the Board, CEO, Page 10 of 31 and President.: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: 3.3 Proposer's Performance History 3.3.1 Failure to Complete or Default List each project your organization has, on an awarded contract, within the past forty-eight (48) months defaulted or failed to complete, the reasons why and any additional relevant information. 3.3.2 Liquidated Damages List each project your organization has, on an awarded contract, within the past forty -Eight (48) months, paid liquidated damages, the reasons why, the amount of the damages paid, the length of delay involved, if any, and any additional relevant information. 3.3.3 Leal Actions List all civil and criminal legal actions in which your organization is currently a named party or was a named party or in the past forty-eight (48) months, providing the state, case number and disposition of each. Proposer may include any additional relevent information. 3.3.4 Chane Orders For each public project completed within the past forty-eight (48) months list: the name of the public entity, the original proposal amount on which the contract was awarded, then number and amount of change orders submitted by Proposer, and the amount by which the final project costs payable to Proposer exceeded the original Proposal amount. 3.4 Quality Control Program Provide a complete quality control program which will become a compliance document upon award of a Constriction Phase Contract. This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis and corrective action and interface with building inspectors. 3.5 Schedule Achievement Program Provide a time schedule in Gantt chart or Excel format for completion of the Project and describe what techniques are planned to assure that the schedule will be met. Page 11 of 31 Provide a narrative describing the Proposer's construction sequencing plan for managing the construction process in order to provide ongoing patron and vehicular access to the BBCRA's commercial marina tenants and Two Georges Restaurant during the period of construction The narrative should also identify any issues, concerns or obstacles, in and around the Project site that will impact access as well as the means and methods to be employed by the Proposer as solutions. 3.6 Subcontracton If a Proposer(s) subcontracts any portion of the Project for any reason, the Proposer(s) must state the name and address of the Licensed Subcontractor and the name of the person(s) to be contracted on the enclosed Attachment "F" Schedule of Subcontractors. The BBCRA reserves the right to accept or reject any or all bids wherein a Subcontractor is named, and to make the award to the Proposer(s), who, in the opinion of the BBCRA, will be in the best interest of and/or most advantageous to the BBCRA. The BBCRA also reserves the right to reject a bid of any Proposers) if the bid names a Subcontractor who has previously failed in the proper performance of an award or failed to deliver contracts of a similar nature on time, or is not in a position to perform properly under this award. The BBCRA reserves all rights in order to make a determination as to the foregoing. Proposer(s) shall include in their Proposal a statement that if selected to enter into a Construction Services Contract, that throughout the term of the Contract, they shall periodically provide the BBCRA an updated list of all subcontractors working on the 3.7 Drug -Free Workplace Certification In accordance with Florida Statute 287.087, preference shall be given to Proposers) with drug free work programs. Whenever two (2) or more bids, which are equal with respect to price, quality and service, are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award. process. In order to receive such preference, the Proposer shall complete and submit with its Proposal the attached certification, Attachment "G," Drug Free Workplace Certification. 3.8 Licenses Proposer(s) shall provide copies of any and all licenses, certifications or other related professional credentials held by the company required to complete the project. 3.9 Safety History Worker's Compensation Rate List your organization's Worker Compensation Experience Modification Rate (EMR) for the last five years as obtained from your insurance agent. 3.10 Insurance Requirememts Proposer(s) shall provide copies of the firm's General Liability and Workers" Compensation Insurance Certificates with their Proposal. All required coverages shall be underwritten by insurance companies that are licensed to do business in the State of Florida. State approved excess and surplus lines insurers shall have a current rating of A - Page 12 of 31 or better by A.M. Best Company with a financial size category of Class VI11 or larger, All coverages must be provided on a pzimary basis. Such policies of insurance, and confirming certificates of insurance, shall insure the Proposer is in accordance with the following minimum limits: General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Foram Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: o General Aggregate $2,000,000 o Products -Completed Operations Aggregate $2,000,000 o Each. Occurrence $1,000,000 Pergonal & Advertising Injury $1,000,000 o Fire Damage $50,000 o Medical Expense $5,000 o Contractual Liability Included Automobile Liability insurance, including owned, non -owned, and hired autos with the following minimum limits and coverage: Combined Single Limit $1,000,000 Workers' Compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with. Chapter 440, Florida Statutes, and/or any other applicable law requiring workers' compensation (Federal, maritime, etc). If not required by law to maintain workers compensation insurance, the Proposer must provide a notarized statement that if he or she is injured; he or she will not hold the Clerk of Courts responsible for any payment or compensation. Employers Liability insurance with the following minimum, limits and coverage: o Each Accident $ 500,000 o Disease -Each Employee $ 500,000 o Disease -Policy Limit $ 500,000 Professional liability and/or specialty insurance (e.g. medical malpractice, engineers, architects, or consultants errors and omissions, pollution, etc.) as applicable, with minimum limits of $1,000,000 and annual aggregate of $2,000,000. Additionally Insured: The BBCRA shall be named as additional insured as their interest may appear on all applicable liability insurance policies. The certificate(s) of insurance shall provide for a minimum of thirty (30) days prior written notice to the BBCRA of any cancellation, nonrenewal, or material change in coverage of the evidenced insurance. It is the Proposers specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder. 3.11 Time of Completion/Construction Schedule/Liquidated Damages 1) Contractor shall agree to commence work within ten (10) calendar days of the Commencement Date as indicated in the written 'Notice to Proceed" provided by the BBCRA, and achieve Substantial Completion without interruption within one -hundred twenty (120) calendar days thereafter. Page 13 of 31 2) Final Completion shall be within thirty (30) calendar days of Substantial Completion, and the Proposer agrees that if awarded the contract, it will complete said work in accordance with both the Substantial Completion and Final Completion date. 3) Should the Proposer/Contractor, or in the event of a default, its Surety, fail to achieve certification of Substantial Completion by the date specified in the written "Notice to Proceed," the BBCRA will suffer damages, the amount of which is difficult if not impossible to ascertain. Therefore, in such an event, the BBCRA shall be entitled to Liquidated Damages as specified in the Contract for each calendar day beyond the date of certification of Substantial Completion, until certification of Substantial Commpletion and acceptance thereof have been granted by the BBCRA. The Liquidated Damages rate is $3,000.00 per day through the date of certification of Substantial Completion. 4) Liquidated Damages due to the BBCRA may be deducted from payments clue the Proposer/Contractor, or may be collected from the Proposer/Contractor or his Surety. The liability of the Proposer/Contractor and its Surety for delay damages shall be joint and several. These provisions for liquidated damages shall not prevent the BBCRA, in case of the Proposer/Contractor's default, from terminating the right of the Proposer/Contractor to proceed as provided in the General Conditions for Construction. 5) The Proposer/Contractor and BBCRA agree that the rate set forth herein is a reasonable estimate of the amount of damages which the BBCRA will ,suffer in the event the Proposer/Contractor does not timely complete the Project. The Proposer/Contractor and BBCRA agree that these liquidated damages shall be assessed as damages, as provided in the Contract Documents, and that they are not, and shall never be considered to be a penalty. 4.0 EVALUATION AND RANKING PROCESS 4.1 Evaluation Committee An Evaluation Committee shall be appointed by the BBCRA Director. The Committee will consist of five (5) persons, including public and private representatives. The Evaluation Committee shall review each Proposal and make a determination as to whether each Proposer is considered a responsive and responsible Proposer pursuant to the criteria listed on pages 1 and 2 and elsewhere in this RFP. The Evaluation Committee will then rank the responsive and responsible Proposers based on criteria listed below. The Evaluation Committee may elect to conduct interviews of the three top-ranked Proposers. A presentation of the rankings shall be made by BBCRA staff to the BBCRA Board Members at which time the Board may select a Proposer, award the project, and begin contract negotiations. If negotiations are unsuccessful with the highest ranked Proposer, then negotiations with the next highest ranked Proposer shall begin. Upon conclusion of successful negotiations the Committee shall recommend to BBCRA the award of the contract. 4.2 RanUng Factors Proposals will be evaluated to determine which Proposal contains the most advantageous combination of project related experience, proven performance, service and pricein addition to price, the followmg items will be considered in this process: 1) Proposers qualifications, related experience and project scope, including type, size and complexity of projects, and quality of construction. Page 14 of 31 2) Proposer's ability to meet project specifications and schedules. 3) Proposer's technical expertise and experience with waterfront development projects. 4) Past and present development performance record (including ability to meet stated goals and timelines). 5) Recommendations of references. 4.3 Ranking Process Each member of the Committee will score the individual Proposals with assistance provided as needed. Each category will be scored and tabulated to achieve the Total Points awarded to each Proposer. The Total Points awarded will be ranked on a descending scale starting with number one (1) being the highest point total, number two (2) being the next highest, and so on. Then the ranking of each Proposer from each Committee Member will be totaled to determine the top ranking Proposer. 4.4 Scoring The Scoring Process is divided into four (4) categories based upon the criteria described below. The maximum score is 100 points. 1) Qualifications of the Firm: Total Points ---- 30 2) Related Project Experience of Assigned Staff Total Points — 25 3) Construction Delivery Narrative: Total Points ---15 4) Price Proposal: Total Points — 30 4.5 Description of Categories. 1) Qualifications of Firm; 30 points possible. The Proposer shall demonstrate successful completion of Public Entities projects comparable in design, size, scope and complexity. Current projects must be under construction to qualify for consideration. The Proposer should demonstrate successful experience with projects in the areas of glace making, park spaces, marinas, and/or waterfront projects. List and describe in detail the projects which best illustrate the experience of the firm and current staff which is being assigned to this project. Photographs of listed projects are encouraged. List no more tbm ten (10) projects. Do not list projects which were completed more than four (4) years ago. The description should include, at a minimum; i. Name and location of the project. ii. The type and size of the project iii. The nature of the firm's responsibility on this project. iv. Project owner's representative name, address and phone number. V. Date project was completed or is anticipated to be completed. vi. Scope of the project. vii. Cost of the project (construction cost). viii. Present status of the project. Page 15 of 31 ix. Pre j ect Manager and other key professionals involved on the project and who of that staff the would be assigned to this project. The CRA may contact listed project owner's representatives as references. 2) Related Project Experience of Assigned Staff-. 25 points possible. Provide an organizational chart during the construction services phase with names of individuals who will perform the on-site functions of Project Management & Supervision, Cost Control, Scheduling, Submittals and Quality Control. Include the general and specific project related capability of the key staff that will be assigned to this project and give brief resumes of the key persons to be assigned to the project including, but not limited to: a. Name and title. b. Location of office the person is assigned if other than main location, c. Number of years with this firm? d. How many years with other firms? e. Related projects and role (no more than 10). f. Size of projects (dollar value & gross square feet of project). g. Active registration and qualifications relevant to this project. h. Experience with the development processes of the local municipality. i. Job assignment for other current projects. j. Percentage of time to be assigned to this project. It should be understood that it is the intent of the BBCRA to insist that those indicated as the project team in this RFP response actually execute the project. 3) Construction Delivery Narrative; I5 paints possible. The Proposal must include the Contractor's overall project methodologies and construction sequencing. The Contractor must clearly indicate a plan to perform the required work within the allotted time and to guarantee limited disruption to commercial businesses within the Boynton Harbor Marina as well as limiting the impact to the Sea Mist Drift Fishing vessel, commercial charter vessels and the Two George's Restaurant. As these are neighboring and tenant businesses who require access through the marina on a daily basis, specific and well thought planning must be demonstrated in the Proposal. Identify how Proposer interacts and communicates with its clients. Demonstrate Proposer's team oriented approach. This category also includes the Proposer's ability to respond to construction issues, warranty issues and other project -related issues, references and other additional information helpful in ascertaining the qualifications of the Proposer. Page 16 of 31 4) Cost Fee Proposal: 30 paints possihk. The Proposer &ball provide a fully detailed line item cost proposal that breaks down all materials, labor, subcontracted labor or design services, permits, taxes and general overhead/profit. All Proposals are to use the digital template as provided by the BBCRA as Attachment "G". Proposals not utilizing this digital format will not be considered.. All Proposals are to be inclusive lump sum proposals. Proposer is to provide pricing based on the plan and specifications provided. Any proposed alternatives to the base proposal shall be listed appropriately based on the cost proposal template. No alternatives are to be included in the base proposal. Final selection of the Proposer will not be based upon fee only. The BBCRA reserves the right, at the sole discretion, to accept, reject or request clarif cation or revision of any cost proposal submitted. 5.0 PRICING AND COSTS 5.1 Construction Services Proposal Price and Related Costs Proposer(s) shall provide acknowledgement of the Proposal Price being submitted as Attachment "A" Proposal Price Acknowledgement, along with the breakdown of costs for the project scope that the Proposers) will responsible for undertaking in order to complete the Project as per the construction documents for the categories and subcategories as listed in Attachment "1," Proposal Price Division Breakdown. The scope of the Proposer(s)' work consists of the totality of the Proposer's duties and obligations under the Contract Documents, 5.2 Self Perform Identify all work your firm would propose to self -perform for this program in recognition that such work would be competitively bid and awarded at the BBCRA's sole discretion. 5.3 Permit Fees The BBCRA has pre -paid in full to the City of Boynton Beach for the plan review and construction permit fees associated with the project as of the date of issuance of the RFP. The BBCRA will provide an "anowance" in the RFP's Proposal Price form for any additional fees or costs required to be paid to the City of Boynton Beach associated with the release of the approved building permit to the Contractor at the time of Project commencement, excluding any fees or costs incurred by the Contractor as a result of deficiencies in performance or oversights in construction management practices. 6,0 VALUE MEASUREMENT AND PRICE 6.1 General 6.1.1 A Schedule of Values form for Project related items is provided, however, the omission of reference to any item shall not alter the intent of the Proposal Price Form or relieve the Contractor or successful Proposer of the necessity of constructing a complete proj ect as specified in the Contract Documents - 6 1.2 ocuments_6.1.2 The quotations prepared by the Proposer for the various items of work are intended to establish a total price for completion of the work in its entirety. Should the Proposer feel that the cost for any particular work item has not been established by the Schedule of Value items listed on the Proposal Price Form or this section, the Proposer Page 17 of 31 shall include the cost for that work as one of the price items so the Proposal for the Project reflects the total cost to complete the work in its entirety. 6.1.3 The quantities set forth in the Proposal Price Form are to be provided by the Proposer. The BBCRA reserves the right to increase or decrease the quantity of any item or portion of the work during the progress of construction in accordance with the terms of the Contract. The Schedule of Values shall serve as a basis of developing additive or deductive Change Orders. 6.1.4 Unit and lump sum prices are used as a means for computing the Proposal, for Contract purposes, for periodic payments, for determining, Value of additions or deletions. Lump sun prices shall be paid on a percentage complete basis. Unit prices shall be applied to the actual quantities furnished and installed as specified in order to determine payment. Retentions shall be as specified in the Contract Documents. 6.1.5 payment shall be made for the items listed on the Proposal's Price Acknowledgment form on the basis of the work actually performed and completed, such work including but not limited to, the furnishing of all necessary labor, materials, equipment, tools, transportation, delivery, disposal of waste and surplus material, restoration and all other appurtenances to complete the construction and installation of the work as shown on the drawings and described in the specifications. "This establishes the end of the main document" Page 18 of 31 dFro 'w t'� . }� Ma ri n Li Oplu m Space Prc!jEjt; I Sl rL- ATCACHMEMT "A" CONSTRUCTION DOCUMENTS Request for Proposal documents, landscape and hardscape construction plans and specifications for the BOYNTON HARBOR MARINA, PHASE 1B - MARINA OPEN SPACE & ROADWAY IMPROVEMENT PROJECT may be obtained online at www.cakhhgW9m.com or on CD/DVD disc from the BBCRA office located at 714 N. federal Highway, Boynton Beach, FL 33435. Page 20 of 31 ATTACHMENT "B" ADPNDA ACKNOWLEDGEMENT Receipt is hereby aelmowledged of the following addenda to the Request for Proposals (RFP) BOYNTON HARBOR MARINA, PHASE XB - MARINA OPEN SPACE & ROADWAY IMPROVEMENT PROJECT by entering YES or NO in the space provided and indicating date received. No.I Date No.2 Date No.3 Date No.4 Date No. 5 _ Date _ Proposer's Signature Print Name Title Date Page 21 of 31 ATTACHMI;W "C" PROPOSER(S)' ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Proposals To: Boynton Beach Community Redevelopment Agency 710 North Federal Highway, Boynton Beach, FL 33433 Release Date: May 17, 2016 Project Title: Boynton Harbor Marina Phase 1B - Marina Open Space & Roadway Improvement Project Submittal Deadline: Proposals: must be received in their entirety by the BBCRA no later than 100 p.m., on June 23, 2016 Proposals will be publicly opened in the Boynton Beach Community Redevelopment Agency at 3:15pm on the submission date unless specified otherwise. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency. Mame of Proposer: Federal I.A. Number: A Corporation of the State of.- Telephone f: Telephone Number: ( - Fax Number: ( ) - Mailing Address; City, State, Zip: Authorized Signature Name (Printed or Typed) Title Date Page 22 of 31 ATTACHMENT'TDn PUBLIC ENTITY CRIMES STATE NT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid on a contract or provide any goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work, submit bids on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Proposer(s)' Signature Print Name Title Date - Page 23 of 31 ATTACHMENT "E" SITE INSPECTION CQNFIRMATIQ Project Title: Boynton Harbor Marina Phase IB - Marina ©pen Space & Roadway Improvement Project Check One: Non -Mandatory: Mandatory: X as an authorized agent of Name and Title of Company Representative located at Name of Company Company Address Proposer is hereby certifies that on (hereinafter called the Propmer) and that said 2016, Proposer or Proposer's representative personally visited the Project site located at 700 Casa Lonna Boulevard, Boynton Beach, FL 33435 and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "A", Construetion Documents, for said Prof ect prior to submitting his/her Proposal. Signature of Company Representative Named Above Date Print Name Title Page 24 of 31 ATTACHMENT 'IF" SCHEDULE OF SUBCONTRACTORS Proposer(s) are to submit a detailed listing of any Subcontractor(s) participation of any portion of this project for any reason,. Attach additional pages if necessary. Project Title: Boynton Harbor Marina, Phase 1B — Marina Open Space & Roadway Improvement Project Issuance Date: May 17, 207.6 Proposer(s)I Name: Name/Address/Phone of Type of Work to be Dollar Subcontractor Performed Amount % of Total Name: Add=s: Phone; Name: Address: Phone: Name: Address; Phone: Page 25 of 31 ATTACHMEW "Ca" DRUG-FREE WORKPLACE CERTMCATION For purposes of this attachment, the term "bid" or "bids°' includes the term Proposals In accordance with Florida Statute 287.087, preference shall be given to businesses with drug-fisee workplace programs but it is not a requirement to submit a bid proposal. Whenever two (2) or more Proposals, which are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference m the award process. Established procedures for processing lie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distn"bution, dispensing, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the daugers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terns of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance law of the United States of America, or any state for a violation occurring in the workplace no later than five (5) days after such conviction.. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by' any employee who is so convicted, Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person anthorized to sign the Statement, I certify that this firm complies fully with the above requirements. Proposer(s)' Signature Print Name Title Date Page 26 of 31 ATTACHMENT 9T, PROPOSAL PRICE ACKNOWLEDGEMENT Project Title: Boynton Harbor Marina, Phase 1B — Marina Open Space & Roadway Improvement Project Name of Proposer(s): We propose and agree, it this bid is accepted, to contract with the Boynton Beach Community Redevelopment Agency, to furnish all material, equipment, machinery, tools, apparatus, means Of transportation, construction, coordination, labor and services necessary to completo*ovide the work specified by the Contract Documents. Having studied the documents prepared by: VHB, Inc. and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Propose(s) agrees to accept as full payment for the Project or Identified Portion of the Project. GRAND TOTAL: $ Dollars and Cents (amount written in words has precedence) The undersigned Proposer(s) agrees to commence work within ten (14) calendar days after the date of the 'Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within calendar days thereafter. One (1) Original, one (1) unbound copy and one (1) CD/DVD of bid submitted Attached is a computer-generated, horizontal bar chart showing proposed schedule of work. Schedule of Subcontractor(s) submitted. Evidence of possession of required licenses and/or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The Proposer(s), by and through the submission of his Proposal, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any Page 27 df 31 objects or obstructions which will be encountered in performing the proposed work. The Proposer(s), by submission of this Proposal, acknowledges that the Prvposer(s) has been advised that in the event that the Proposer(s) contests the award of this Project to another Proposer(s), the Proposer(s) damages, if any, are limited to actual Bid preparation costs, and Proposer(s) hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Proposer(s). Date: Proposer's Signature Print Name Title Telephone Number: Florida Contractor's License Number: Page 28 of 31 ATTACHmIENT T COST PROPOSAL BREAKDOWN Silt Fence V Chain Link Fenclna It Entrance Gat" Inlet PmtectiDn Sawcut and Reatiove Type F Curb Sawcat and Remove Asphalt Pmft Remove/Store Pavers Underground Utility Locating Dam Underground utilities Remove/Uomte Fxistlrq COMM/CATV Bax DeCOmmlssian E fisting Electrical Transformer Remove/Store Edsting Light Pates Remove Bdstina Vegetation Remove Gravel a Existing Bldg Cut li Cap Existing lnigation Remove/Store Firisdag Traffic Signs Remove Bdstkg Concrete Slab, Wall and Sidewalk Excavate/Remove Pavement and Base Material in Planting Areas US-TUrAL Topsoil Flne Grading Sleeves Asphalt Pavement Type F Curb HC ilarrgs Colored Comets Tnmted Dome Paver Concrete Sidewalk Colored Concrete Pavers New Pavement Striping Sand/Crushed Shell (e matins areas] Sesatwail Column with precast cap Helical Piles (6 boardwalk support and seat wail) Stone BackflU (4 sestwall) concrete Header Curb @ Boardwalk Timber Boardwalk Substructure and Hardware 1pe Wood Boardwalk De&r10 Wayfinding Sian Pet Station Gumbo Limbo / Bursera rirnaruba Green Malayan Coconut Palm / Cocas MWIfera 'Green Malayan' .. PAW 1442 Page 29 of 31 ATTACHMENT Y COST PROPOSAL BREAKDOWN Compact Spicy JatroWla 1 Jatropha integerrima 'Compacta' r Pigmy Date Palm Mutti-Trunk / Phoenix roebelenil Rnyat Palm / Roystarlea regr`a Shrubs W tip Cocoplum 1 ChrysoWlanus taco 'iced Tip, Marry Croton / Codlaeum varieptum ' Manley' Reid Tf / Cordyline fnrtfmsaa ' Red' Gold Mound Duralnta / Duranta erecta 'Gold mvww - Green Wand Ficus / Ficus ndcroc" 'Green Island' Seminole Pink Hibiscus / Hibiscus -Seminole Pink' Dwarf Red bwra / larora Coctinea -Petite Red - Xanadu Philodendron / Philodendron seliourn 'Xamdu Firecracker Plant / Rumelia equisetiformis Ariroricola Trtwue / Schefflers arborfco(a ' Trinette' Ground CovM Bromeliad 1 Aechmft x 'mend, Holly Fern / Cyrtasmfum falcatum Grass Florham St. Augustine Sod / 5tepotapixum sKM&tum ' Floritam' 1 -1 -- Accent Uplfght Accent Damtlfhgt Step/wall Light Refra'bMtRelocate Exfsting Light Pole (including structural design for footing) Branch Wiring Light fixture Purt:hase Allowance 51tt Fence Utility Locating Inlet a Pipe itwwal Inlet Protectlon Roadway Base & Reinfoat g 1@ trenching locations) Asphalt milling Asphalt Pavement General Contractor's Ree Garwal umbiltty Permit {mapection leas or strmlar tees encountered dorms fisc construction phase, Owner Ib pay all other permit fees dttectly to the City Outsldaa of GC's project cost. ) CO MS-riaUCTM COST Cumaru wood Decking fin Ileu of fee Wood Decking) L5 Replace Existing P.T. Boardwatk Decking iCoordinste with owner)JL LS ADD ALTERNATES SUIS -TOTAL PW 3'd? Page 30 of 31 ATTACHME qT -j- LA-0 '-08 j- PRflPO8 e i -- BOND PUBLIC CONSTRUCTION BOND BY THIS BOND, We Bond Na. (enter bond number) and as Principal Community RedeyelopnieA1ta Corporation, as Surety, are bound to the Bo bind ourselves, our heirs, personal Agency, ht a called Owner, in the sum of $ ynton Beach representatives, successors, and assigns,jointly and severally payment of which we THE CONDITION OF THIS BOND is that if Principal; I. Is selected through this RFP process and as construction of Bo e resul Boynton Harbor Marlins, Phase t, a contract is formed been Principal and Owner for JB — Morias Open Space and Roadway Principal perf� such the ooutract being made a part of this bond by reference, � Pro j� andPrtmibed in the contract at the time and in the manner 2. labor Promptly ptly makes payments to all claimants as terials, Of supplies, used directly or indirecti b defined m Section 255�p5(1), Florida Statutes contract; and y y Principal is the prosecution of the wor plying Principal with Provided for in the 3. Pays Owner all losses, damages, expenses, costs, and a eA sustains because of a default by principal under the contract; and Mat fees, including appellate proceeds tat Owner 4• Performs the guarantee of a,I work and materials fianished er the contract for the time sp then this bond is void, otherwise it remains in full fes, eciticd is the contract, Any action instituted by a claimant under this bond for payment must be in accordance with the notice an provisions in Section 5.05(2), Florida Statutes, d time limitation Any changes in or under the contract documents and compliance or noncompliance the contract Or the changes does not affect Surety's obligation under this with say fonnalities connected with DATED ON NZof Principal) By (As Attorney in Fact) (Name oSurety) Page 31 of 31 N hl �l iralsy � Cn��. �S M ,� Vd{YgCY�i ��Yw4I AVA " . _ YN1ecvH,�yg RMI, o't w Mian. m.. *,..xw._-1 mfM—%%rh*.ww— s 4W ��Mb'r�Nr 161Mr'�M�R nny AtigGiu aiCC a� f��ty�lsy i lip is @ 3 all I HIM loll,Fff IN,j 81 1 R e11 1 � 1 a I I lei oil VSs R g ® IN HIM 1 11 11 11101 rry s,.r r parer nn w � +rp.r rw ums r asaas aee r ww �+n.w re f :I •as v+� a� �+s+tiu �r ww� Mw s w gra w�kk � w ww► wek a. r. kR+w f.s �y/R WAR �t [tai6 pli W6 W WrMI FlYMI [iIlY6 M meati I�'dt IM �i1Y � 9 111K. I � f 4Y Y ib� � n W �� 1b�Y 111Y1i Xf O�1V � r Yb �l r4 �yqpypy E3 JS949 HAI 'Je:4-ti+�J\/.t_+�.4Jr u+�h A14.5✓�..\ �,/�./�I�. �r�Mn ti� n..�.•'ti+\Y. Jue il ?o le I I L Vs34�[ 1 I f l WIN log � I II I I 1 I 1I I I 1 s --.w - - ruz gf � d 6 IF w vWs •N4 Y RVHi NC Le NI' f�.q WMIl AIM1S IN Mae..= W — .,— — 3.IP I m L mill YW`/Yk� ��s• ✓ �y"�Y+l i Y .Nva •^. /ti ..�. ...� t.��'�r�w�..L v1ti.�r....!...4 +. h1..• ^ .fir wu �t/tilW.tin Mi/I< rl M IIN1 MR'S W'M�� Y9�1 o1Yli �• RM! MR it !/M �\ MYi .0 ! --...GQ. ._ R BAN � ag�¢g. o VCR 3i� In RR 4 4 o —�wAmra.wvw I--v—*r w 9 is !lo €hi q Mill@AI N 3MUMVR i pi rti 511 ; . UJ 1 591 e- •m. +rn k war ww s ww �c .am.avm w a�v.� se � wm wr.' ww rw wr w1 a.ee rs ae... �i � xow r w.c� � re w.0 w.n rs � �( � � n [� i� m�I - � � t� s r8 |m ■■ | 2| �� ■ Ile qAM ■ � $ypq� 1i 11 Hn 1 1 1 I I II , I e A 9 9 I I I 1 o�000Dom I a �t F m' 7f � al 4 k 5 3 10 n_( O l o o o o d UFO t 3 4d H . MMM� Nee n-m�rgy� uwws= w w.�M M E i 1 MMSM--0{/91I P YIIYIR Wa--m6 Ml qV I I i! r= � Com:: �•��T C�•a�^� CJI, 4� � R m ail 1-1 F! -L I I � ai I--------- `IS 'Hm RM �Y� �l N fi#LQ Mi 11 �R �ltillWar Ai{Ftl Md ff9RII NEf '11 WI >!�[!� a llul pp = t • s • A e q � � HIM `IS 'Hm RM �Y� �l N fi#LQ Mi 11 �R �ltillWar Ai{Ftl Md ff9RII NEf '11 WI >!�[!� a llul pp I , � I, to j ..tl � M RLtlif IK 1� � YA�wwtl Aatu r Wi[1c tlit Y�.A[ WAM Ttl mo r �1 4+� Wcr w srar �R y� •w rrww wrr�.Prtim R1 ■rsc u4s m M h�q w mo 1� .mc (k,14 1 _ I d R � • [J pill �t i +�.-wvv\-�••s-�T,'•,.v.-•r"-.-.�.-rrr�.�rvvv..-,.v-r,v1^.-�.-.V•y-rww+�.r�.•v+iv.�vr•^�-r rvrrww.r+, •..•v: ,. Owl �; ,1RELLLU I IlkPI IitIkIRfroails it r. wl 15 Wit f7- ,.,.��•• � p [!L �i a RIEr�° �i 10 11 to 0 � � � t � I ••Jj� jI s � �jI I � � ��' ��.\Are ti.•\AI.i..l. ti.A �. .n�.\hi_�ti.+\.ti.e�.tihAJ� w:� .,�./��.� \ ♦ -.: \.ti.�,r .A M"m --ft NI1WIt1 s 4 ti ft—Ty.911•Y . — — Y 4• �— n 1111311 i fill All' IT kill jT joir rrp till IiE kill. wa. [Fill Ilk WTr 11-111. Ell ki; ..� �r �f jAl- IN JFs 1 j'�L F, Ir 1 0111 rift U1 1hip ht I ,ra��vaewo�xaeaoat�•naas�v►��n E� �, �a�+vaew�,wxaewraYa�ers�raa�awxoe e . w i � EIi 21S"d'VNrKh Til NOI AOH 4 W to w rol 9 IC R6 •}�ra�i®R�Pero .40: f �� f fill � tl l fsill a iRrY it !w Ra�'� xR ■ Y �6� �� q��Yf � �� rPA r il ,�;� I �a a� . . ar< s ae ,a. ax y.r�a. a e a9 �g �fY II;IE fill , f a� i� �r all L6 I; f P ADDENDUM No. 1 Addendum Issue Date: May 27, 2016 Boynton Beach Community Redevelopment Agency REQUEST FOR PROPOSALS (RFP) BOYNTON HARBOR MARINA PHASE 1B — MARINA OPEN SPACE & ROADWAY I14PROVEMENT PROJECT Located at 700 Casa Loma Boulevard, Boynton Beach, FL Issue Date: May 17, 2016 Proposal Submission Deadline: June 23, 2016 (no later than 3:00 p.m.) The CRA is issuing this Addendum No. 1 in order to provide the following information: Item I.• The engineering and design plan sheets required to complete the Boynton Harbor Marina Drive Aisle Repair and Roadway Improvement portion of the Marina Open Space project are being supplied in pdf format to this Addendum No. 1 and are titled: 1) Boynton Harbor Marina Drive Aisle Repair, Drainage and Goading, DG -1. 2) Boynton Harbor Marina Drive Aisle Repair, Striping Plan, DG -2. Please note that the RFP document's Attachment "i", Cost Proposal Breakdown as issued on May 17, 2016, provides a cost breakdown sub -section for this portion of the project and labeled, Drive Aisle Pavement Rehabilitation. No change is being made to the format or content of Attachment "l" under this Addendum No. 1. "This establishes the end of this doewww" �IN mc=172 E I ts ADDENDUM No. 2 Addendum Issue Date: June 17, 2016 Boynton Beach Community Redevelopment Agency REQUEST FOR PROPOSALS MM BOYNTON HARBOR MARINA PHASE 1B — MARINA OPEN SPACE & ROADWAY IMPROVEMENT PROJECT Located at 700 Casa Loma Boulevard, Boynton Beach, FL RFP Issue Date: May 17, 201.6 Proposal Submission Deadline: June 23, 2016 (no later than 3:00 p.m.) The CRA is issuing this Addendum No. 2 in order to provide the following infrnmation as Attachments to this Addendum No. 2: Item I: Summary Report - Geotechnical Engineedng Evaluation, Boynton Harbor Marina, Proposed Waterfront Open Space Project, Boynton Beach, Palm Beach County, Florida. Produced by Andersen Andre Consulting Engineers, Inc., dated June 24, 2015. Item II: Tits Report of Subsurface F-Vion don A Geotechnical Engineering Evaluation, Boynton Harbor Marina Improvements, Boynton Beach, Paha Beach County, Florida. Produced by Andersen Andre Consulting Engine=, Inc., dated April 8, 2010. "Please remember confirm receipt of this Addendum No. 2 on RFP Attachment "B". Addendum Adbiowledgment Fom "This establishes the end of this document" SUMMARY REPORT - GEOiECHNIIrAL EN6=ERING EVALUATION BOYNTON HARBOR MARINA PROPOSED WATERFRONT OPEN SPACE PWJECT BOYNTON BEAC.H6 PALM BEACH COUNTif,, PiORICA ANDERSEN ANDRE CONSULTING ENGINEERS, INC. 573 SW Biltmore Street Port St. Lucie, Florida 34989 Pig; 772-807-9191 Fx: 772-807-9192 www.aacofnc.com SuMMa y REPORT- GiEOrECfmNw1 AL EN6IMEENN6 Eva. mm BUTIUM HARBOR Malan Room WATERFRONT OPEN SPACE PRaEcr BomaN BEng Pain Bum Mum, FLORIDA RACE PLENo.15-142 PARE# 1.0 IlmroXKrc71DM . ............ . ......I .............. ... ....... ....1 2.0 Srm INFomLm=OMD PnOjsLTUmmwAw au .................... .. , .... ....1 21 s traid orkf �a*dm of Emirung amdVltfarrs ...... .........1 �Ve�lLoafta 2.2 .. ___ UnderstamdbV ......... ........................ / ..... o .... 2 2.3 AACF PreWOw War* • 3 ......... , . ...... , , ...... , . ..... ..... .... UFano EWwmTi N PnOaa ............... .............. .. , ... — ...... ... 3 4.0 I1a6ERYEo Pmme rmD SuN6Rl1DE CIDlIDffmw ...... , ...... .... ........ 4 .4 SA GEmm mwAL EvALuAZ= ........ ............ ...... .... .5 3.1 Proposed Hardsaap%4awmhwpe Fbdur s ...... - • ............... . . 5 3.2 Pavement impro wements ...................... .. .. .. .... .. 6 6.0 CLOam . ....................................,, .... .... .. .9 LI oFATrAmm= Sheet No. 1: Site VIdnItV Map and Held Work Lomflon Plan I Representative Site Photographs II Boring Profiles and Boring Location Plan (RACE 2009 Work) III Seawall Survey (by din Hydrographic Solutions, Inc.) IV AACE Project IJrnilxwtkm and Coundl AmMMN AHM COKSMTM G ENGWERS, INC. WWW.AACONC.COM ANDERSEN ANDRE CONSULTING ENGINEERS, INC. AACE File No. U-142 co tvaknGwbechnkalAia e� rmff ,esting lune 24, 2045 . -. FmirannantaltansultlnB Boynton Reach CRA 710 North Federal Highway Boynton Beach, FL 33435 Attention: Mr. Michael Slmon SUMMAny RoKar - 6wTRsNNI m ENeimammN EvAimATIQN BOYNTDN HAaw MARINA PRom= WATERFRONT OPHr SPACE PRwwr Bol mmm BEACH, PALM Baum COUNTY, FLORIDA In accordance with your request and authorization, Andersen Andre Consulting Engineers,, Inc. (RACE) has completed an evaluation of the pavement conditions along the north seawall of the main basin within the Boynton Harbor Marina in Boynton Beach, Palm Beach County, Florida. The purpose of the evaluation was to obtain Information relative to the subject pavement section and subsurface sail conditions, as well as the condition of the existing seawall, so that recommendations can be provided far site preparation procedures and potential pavement r+ehabllitalion. Our work Included pavernerit coring, hand auger boring$ coordinating a Seairrall survey by others, and engIneering analysis. This summary report documents our explorations and presents our findings, and summaries our conclusions and recommendations. 2s She Laaa" SW Bwoffatpehfi qfadmkg ax*Wbns The Boynton Harbor Marine Is located on the northwest canner of East Ocean Avenue and the intraCoastal Waterwayin Boynton Beach, Palm Beach County, Florida (within Section27,Toamship 47 South, and Range 43 East). A Site Vicinity Map Is presontAd on Sheet No. L The subject of the evaluation presented herein is the portion of the overall marina complex that is located directly north of the main marina/harbor basin. This area Is currently an asphalt -paved one-way drive -aisle along an existing, approximately 400 -ft long seawall. The drW"Isle surface has experienced significant asphalt deterioration, Including settlement:;, rutting, apparent voids belowtheaspholt,etc. Representative Owtographsof the currentaspitwitconditionswe Included in Appendix 1. As part of our evaluation, we have reviewed the fbilowing Information provided bythe CRA pitted dvanabglcaliyj: Water, Sewer, Paving and Drainage plans sheets, prepared by Sun -Tech Engineering, Inc, {January2004). Permit Drawings (2 pages), prepared by Sea Systems Corporation (May 200I) 973 SW BilEmare S"Wt, Post St. i ide, Plotkin 34983 Ph; 772.807.4191 Fx: 772-8074192 www.meWr cam SUMMARY REPORT-GEDTmNICALENeINEERnsEvAWATIoN Pepe -2- WYMM KAREN MARINA - PROMED wATMFRONT OPEN SPACE PRO= AACE FEE No. 15-142 + Two Georges Restaurant & Marina Bulkhead Improvements, prepared by Sea Systems Corporation (August 7001) • Structural Condition Inspection -Two-Georges Merina Bulkhead Wag, prepared by Team USA -5 (September 2001). SheetsT 1, T 2 and W-1thmugh W-5 from "Two Georges Marina", prepared byTearn U5A- 5 (October 2001) F Two Georges Restaurant and Marina - Timber BoardwalkJSldewalk Replacement Plans, prepared by Sea Systems Corporation (August 2003) + 'Boynton Harbor Marine, Phase lb, Landscape and Hardscape Construction Plans", prepared by VHB (latest issue January 2013( The existing marina basin seawall which separates the marine basin from the subject drive -aisle currently consists of a steel sheet pile well with a concrete cap, which was reportedly constructed around 2001%2002. Based on our review of the provided above -referenced project -related documents, It appears that the design of the seawall went through several iterations prior to its construction, with options ranging from a concrete panel/batter pile seawall to the current steel shut pile/cap seawall. or note, though, is the fact that all the options presented in the various plan sets from 2002 Included Installing the new seawall in front (i.s. seaward) of a former bulkhead (king piles and concrete panels) which Is likely still present in front (north of) the exlsting steel sheet pile seawall. Further, based on sections presented in the'rwo Georges Marina" plans (prepared by Team UW5, dated October 2002), it appears that the easternmost 300+ feetof the seawall was equipped with evenly spaced tie -back rads which were attached to the former bulkhead structure. Additional seawall/asphalt drive -aisle Interface features Include a concrete curb, and a sidewalk consisting of wood on this eastern portion and concrete on the western portion. One of the provided details from Sea Systems Corporation indicates that this curb Is supported an pin piles. However, th Is may only be for the east em portion as the Improvements detailed by Sea Systems Corporation were likely limited to the Two Georges restaurant property. A wooden dock is located seaward of (and directly adjacent to) the seawall; this dock structure appears to be self -supported on pairs of pre -stressed concrete piles and not attached directly to the seawall (see Photographs 9 and 10, Appendix 1). Z2 NOW UrAhw5toixft Based on our conversations with the Design Team, and following our review of the Landscape and Hardscape Construction Plans prepared by VHB, we understand that Phase 15 of the marina irnprvvements Includes creating open space near the northwest corner of the existing marine basin. This will include demolishing an existing two-story building and constructing various Improvement features such as landscaped areas and hardscaped areas with precast columns, seetwalls, as well as a deck (pareliel to the existing seawall) which is proposed to be supported, by the existing seawall concrete cap as well as a new stemwallfaundation. Additional improvements will Include pavement improvements which will tie into the existing, deteriorated asphalt1mved drlv"lsle. Svmw Y REP=-GE01'ELfIN .A� EwimaR w EVALUAmm Page's. SOVNM NARROW MMM - PROPOSED wA'fF *MW OPEN 9%CE PW= AACE RLE No. 15-142 23 AACE Anewfores WW* AACE has previously completed &Subsurface Exploration and Geotechnical Engineering Evaluation for the Boynton Harbor Marina project, and presented our findings and recommendations in a report dated April S, 2010 (RACE File No. 09-291). As part of our previous work, AACE completed three Standard Penetration Test (SPT) borings along the subject northern seawall (T13-1, TB -2 and T$-3) whichall ancountered avert' soft andcompresslble organic strata m ranging In thicknessfrom approximately 5 to 10 feet, and starting 4 to 8 feet below the existing grades. Recommendations were previously provided far supporting any structural features an helical plies so as to bypass the encountered buried organics. Additional recommendations, Including pavement recommendations, were also included in our previous report. We do recommend that the DesignTeem review our previous report relativeto this portion of the project, and considerthe recommendations presented herein as an extension of our 2009 work efforts. The soil boring profiles and the field work location pian from our 2009 explorabons are included In Appendixil. � a � a,, • :µie . y,�, As discussed during the development of our scope of work for the current evaluation, the likely scenarios causing the observed drive -aisle asphalt deterioration Include Aj consolidation settlement/decay of the organic sails found to be present In this area, B) a loss of soils through or under the seawall with ensuing settlements of the pavement section, Q utilities Issues/leak% and/or 0) a combination thereof. Hence, to explore the existing pavement section within the subject intersection, five (5) asphalt cores and shallow auger borings (ASTM D1452) were performed at the locations shown on Sheet No.1.inadditlon,AACEcoordinatedthecompietionafawater4osedseawallsurveytoreviewihe existing conditions of the north seawall within the main marina basin. This work was completed by Olin Hydrographic Solutions, Inc. (Olin) who subsequently presented a stand-alone report relative to their #findings and opinions (Included In Appendix 111). The field work program was performed In the period June 2through 8, 2015. The pavement tore holes were restored using asphalt patch material, and curare field located using tape measurements obtained aerial photographs, and existing site features as references. The core locations should be considered accurate only to the degree Implied by the method of measurement used. We preliminarily anticipate that the cores were performed within 10 feet of the locations noted on Sheet No. 1. TheSunshure Stcrte One Call of Florida was notified of our explorations in advance of mobilizing our equipment and crews to allow member utility companies to mark potential conflicts lin the field. SUMWkRr F*PO f-SECTECHNICAL ENSINEMN6 EVALUATION BOYWM HARBOR MA%m - PeoFOsm WATERFRONT OPEN SPA= PBotEcr RACE RLE No. 15-142 Page -4- The following pavement section materials and subgrade soil conditions were encountered at the five pavement care locations (Table 1). Table 1- Srrrnmervdf Powmatont Carrs As can be seen, the encountered pavement section consists of 4.5 to 7 Inches of asphalt with approximately 7 to 10 inches of calcareous base course, followed by sands with varying amounts of rock and shell fragments, and then by organics reaching the termination depths of our borings. These findings correlate well with the findings of our preWous borings T13-2 and TB -3, perforated along the seawall In 2009 (see Appendix II). The encountered pavement section (asphaltand base) is fol dVr%ld and would, In typicall pavement evaluations with suitabie underlying subgrade soils, be considered a moderate- to heavy-duty pavement section. Core PC -3 was performed vAthin the approximately 2 -ft wide `raised' section of asphalt visible adjacent to the curb, nearthe approximate center of the subjectseawali (referto Photographs No. 2 and No. 6 In Appendix 1); as noted, this core and auger boring encountered "refusal' about 2 feet below grade. The cause of this refusal Is unknown at this time, however, reasons for this could be the presence of pipe or possiblythe aforementioned former bulkhead which could still be present along all or parts of the subject seawall alignment. Rold obeervalloas Can. Na. Cane Location Thickness pndm} rid 0-7 Asphalt LW* brown aaquIm Amenock Pme caam) ae SSheet Na i 7-17 41 said t��►1 whs rads b'Mmems PC -JL (SW of Curb)50-79 41- 50 Ught ev am* coquim Irwr ck 431Wline send W3) with shell fivgInards 7a -12D& 1x3 prrreslpest PDA Grarnd"WUbialY1 Mrdandago BelawGrarde 0- ex 69.16 halt brownwqul 40 nian wu l Brown fine anndd PC -2 ee SSheet Nary 1 {l5'11ElIFl]lrb) 42A - NRd(A;3)afth SO- 9D shell $nFrAr 90.1201' i>IrgMAWpeat EDB GroundweterTeble Encountered 3B" Below"it 0- 4% Amp halt See Sheat Na X 4%-13 Ud* bm m cagdro limenack (base cause) PC -3 (2'N of Gurh} 13-20 fi send ugments � 20-24 fine wnh to& frfrne EDB (bordwin rehool Groundwater Table Not Encountered 0-4% hdt Seesheet Na.1 4%-13 13-M bFro Irnlrrack (base course Brown Nnr send (A-3) with mck irsgn ro PC -4 (5'N alCurb) go W3) with shell rragrnerrtt �� 120 /put EON Groundwater -Table Erloounterad30' BelvwGrWe 6x-17 Ughtbrown coquilleImarock Pmwoorase1 Ser 51M11t Nt1.1 17-42 Prawn Arse Sara[ (A -M with rock e PC -S {4'bt of Curb) 42-35 55-84 C send ;A-3roj uwlth shell *words 94-120+ EON (borehole collapse) Grou dweter Encountered Table 40' Below Grade As can be seen, the encountered pavement section consists of 4.5 to 7 Inches of asphalt with approximately 7 to 10 inches of calcareous base course, followed by sands with varying amounts of rock and shell fragments, and then by organics reaching the termination depths of our borings. These findings correlate well with the findings of our preWous borings T13-2 and TB -3, perforated along the seawall In 2009 (see Appendix II). The encountered pavement section (asphaltand base) is fol dVr%ld and would, In typicall pavement evaluations with suitabie underlying subgrade soils, be considered a moderate- to heavy-duty pavement section. Core PC -3 was performed vAthin the approximately 2 -ft wide `raised' section of asphalt visible adjacent to the curb, nearthe approximate center of the subjectseawali (referto Photographs No. 2 and No. 6 In Appendix 1); as noted, this core and auger boring encountered "refusal' about 2 feet below grade. The cause of this refusal Is unknown at this time, however, reasons for this could be the presence of pipe or possiblythe aforementioned former bulkhead which could still be present along all or parts of the subject seawall alignment. SUMMARY REPORT - GEOTECHNIM EMONEERINS EVALUATION Page -5- 6pYp1M HARBOR MARINA- PWP0= WATER WNW OM SPACE PffiWa AACE FLE No. 15-7442 5.0 fig/a=im ENeiNamNe iEyA",noN Based on the findings of our Site exploration, our evaluation of subsurface conditions, and Judgment based on our experience with similar project, it Is our opinion that the likely causes for the observed pavement conditions Is a combination of the presences of a thick, soft organic/silt deposit which Is prevalent throughout the majority of the marina facility (as documented previously by AACE). Further, contributing factors Include the through -wall conditions observed by Olin, such as uncovered weep holes, utility accm stoles, torch holes, voids/settlement behind the wall, etc. With respect to the proposed "structural" hardscepe and landscape Improvements, we continue to be of the opinion that they should be supported on a "deep" foundation system In order to bypass the encountered organics. This is consistent with the work that was previously performed for the marina the entrance lighthouse feature (helical piers), However, existing (burled) former bulkhead features should be considered when deciding on this foundation solution. Following are specific recommendations for site preparation procedures, foundation design, and pavement design. 5.2 Proposed HmsilmopeAendsew Frai'ww The existing steel sheet pile seawall was noted by Olin to be "heavily rusted near the waW line" and was deemed to he in only a "fair structural condition". We note that It Is beyo nd AAWs scope of work and professional expertise to determine whether the existingseawall is in a condition that would warrant maintenance and repair (or outright replacement), considering the expected lifetime of the proposed upland Improvements. In other words, an evaluation of the degree of corrosion Intensity and the remaining service life of the seawall Is not included herein. Photographs of the existing seawall conditions are presented In Appendix I. Therefore, we have assumed that the exxisting steel sheet pile seawall is likely to remain In place, however, with the Improvements (as recommended by Olin) being implemented. Given the conditions of the seawall, we do not recommend supporting the proposed upland wooden deck/sidewalk partially on the existing concrete cap as this would add an additional vertical load component to the seawall below, instead, we recommend that this deck system be supported on a helical pier foundation extending to minimum depths of 20-25 feet belowgrade. Specific details and capacities for this solution are presented in our 2W9 report We remain available to assist VHB and/or the project Structural Engineer with optimizing this foundation solution once the final layout and loading scenarios have been determined. It Is noted that the recently added seaward wooden dock (anti finger piers) appears to be self - supported and not attached to the seawall. We can only assume that the designer of this feature made a similar assessment of the condition of the existing steel sheet pile seawall and decided not to attach the dock to the seawall cap. Photographs No. 9 and No. 10 (Appendix 1) show the pile supported seaward dock, with no connections through Its aluminum stringers onto the existing seawall concrete cap, and a gap between the existing seawall cap and the dodo. SummAw FtEPnxr-GEorMHmm EHetaEaMs EVAuAm ioN BOMMN HAitwR FiAmum- Pwpom WATmcR= OPEN SPACE Pitwwr RACE FILE No. 25-142 "PM%W `Rt i!?i ovwerne pap -6 - The proposed Phase 1B improvement plans (1.e. Sheet No. RD -1) Include the pavement recommendation outlined In our 2009 report, which In general terms consists of 1.5 inches of asphalt atop 8 inches of base course, followed by a layer of geogrid and then stabilized subgrade. We note that this pavement recommendation was sMliicaily designated forthe southem portion of the marina, where (in 2O09)arking Improvements were proposed fDr a grassy area adjacent to the Banana Boat restaurants existing parking. Boring's performed In this area encountered shallower and thinner layers of organics than our borings performed along the north seawall (I&. T8-2 and TO -3, we Appendix II) where the current asphalt pavement deterioration Is evident. We understand that a decision has yet to be made (by otters) whedw to only Implement the pavement improvements within the Phase 1B limits, or whether to exPSnd that project to Include a pavement rehabilitation along the subject seawall, from Phase 111 and east to the Two Georges restaurant property. Htheproposed oa►eementirn ,gntswillbee lusivelywUhintheEMM18limits.ourpmvlous pavement recommendations can be implemented, with the exception that we would recommend two layers of gwV1d be incorporated Into the pavementsection base course (one layer below the base course and on in the middle of the base course. The possibility of some measure of pavement distress to occur over time shot Id still be expected, however, this should be welghed against the cost and likely impracticality of demucking the entire section and baddllling with well -compacted granular backfill which would result in the optimum solution. The factors making an outright demuddng option dilf1cuit Include the questionable condition of the seawall, the relatively shalkn+► water levels combined with the depth of the organics, the need for bradng the demudting excavations, and the general physical site constraints. we would recommend Implementing the repair suggestions made by Olin. This could be cornpleted from the water side, however, It may be beneficial to caM&JXMMya-te o Investigate whether a former bulkhead Is still left in place behind the sheet pile wall. If It was indeed left In place, the accurate determination of the location of this bul khead would be beneficial when considering the support system for the proposed upland deck. Consideration could even be given to utlllzing this previous bulkhead as a vertical support mechanism for the anticipated relatively lightly -loaded proposed Phase 1B features. • Implement the Olin repair suggestions from the land side. } Investigate whether leaking pipes/culverts are present within the upper 3-4 feet • investigate the reason for the previously discussed •ralseer section along the curb. investigate whetherthe existing curb is support on pin piles alongthe length of the seawall. t Finally, an excavation behind the existing seawall would allow for the compaction of the pavement section subgrade soils, followed by the pavement section construction. S6uwm.,.m..Awiw Paou - Gwmcrl m Ewrwwm wa EvmvAnoN Page 7 PH rl! I VN KaboR MARINA - PROPOSED WAn7kPRklMifi OPM SPACE PROJECT AACE Ak,E No. 15-M The recommended pavement section for the deteriorated sectlon alongthe seawall (following the seawall repairs and items noted above) consist of the following: Won once the existing pavement section materials have been removed, the underlying naturalsubgrade soils should be compacted to 98 percent of the modified Proctor maximum dry density (ASTM 131557 orAASHTO T=180) maximum drydensity of the compacted soli to a depth of one foot below the surface. StobilJza"IdgrQde The subbase material to a depth of twelve Inches should have a minimum Umerock Bearing patio (LBR) value (FDOTFM 5-515) uF40 and It should be compartedto at least98 prencentof its modified Proctor (ASTM 01557 or AAS HTO Tr18M maximum dry density. Base course wrth Aernfordno Geoarl& The base course should consist of crushed Imerock and should have a minimum Umerock Bearing Ratio (LBR) value (FDOT FM 5-515) of 1i10. We recommend a base course at least 12 Inches thick which should be placed and compacted In two layers. All base course material should be compacted to at least 98 percent of its modified Proctor maximum dry density. Alternatively, consideration can be given to using 8 Inches of asphaltic base course (black base). Two layers of geogrid (Tenser TriAx TX5 or equivalent) should be implemented within this base course layer so as to provide some measure of lateral restraint (conflnement) of the base course, resulting In a more robust and durable pavement. In addition, the increased stffhress of the composite section will produce a structure that will be more capable of distributing the loads applied to the pavement and better accommodate differential settlement of the underlying soils over time. 4771871 We recommend an FDOT Type SP asphaltic structural course (3.5 inches thick, placed and compacted in two layers) followed by an FOOT FC -12.5 friction course (13 Inches thick). CHMmust be exercised to place the asphalt over dry, well prkned base material. curtwnff Any curbing (around landscaped areas or around the roundabout) directly adjacent to pavement should be constructed with full -depth curb sections. Use of extruded curb sections that lie directly above the final asphalt surface, or omission of the curbing, can allow migration of irrigation water from the landscaped areas. The excess water often causes separation of the asphalt wearing surface from the base and softening of the base material, resulting in early deterioration of the pavement. SUMMARY REPORT- GWrECHMCAL EM IMEEP G EVALUATION BOMTGN HARBOR MARINA- PROPOGED WATERFRLW OPEN SPACE PROJECT AACE RLE NM 15-142 ri1 r ! yff k Page -& We note that even if the pavement section is constructed ars the existing soils as detailed in the previous, the Owner should be willing to accept the likelihood of having to repair the pavement surface at more frequent interveIsthannormal. Without anoutrightdemutldng (found Impractical due to aforementioned reasons), the underlying organic deposits will continue to undergo a stow consolidation with ensuing surface settlements. However, the recommended pavement section should reduce the erects of this consolidation to reasonable levels. Further, without the proper IseallW of the seawall (as recommended in the previous), any pavement Improvements will Ilk* experience the effects of loss of soils from the uplwW side. We recommend establishing a comprehensive quality control program to verify that all site preparation and foundation and pavement construction are conducted in accordance with the appropriate plans and spedflcations, and the recommendations presented herein. Materials testing and inspection services should be provided by Andersen Andre Consulting Engineers, Inc. 7be bakwee of this page left blank Inhwilanally - - SLUMWRWW-GWTECHNICALEMNEMBEVAUMMON Page $ ilOVNTOM HMMR MARINA - PSD WATERT M OM MMM PME Cr RACE FRE No. iS-142 6.0 CtEPiIfIlE The geotechnical evaluation submitted herein is based on the data obtained from the our current and past exploratory effinrt5, as well as the findings of Olin Hydrographic Solutions, Inc. (included In Appendix 3). !t is recommended that the design Team members review our 2009 report. Uniltations and conditlorrs to this report are presented In Appendix IV. This report has been prepared In accordance erith generally accepted geotechnical engineering practices for the exclusive use of Boynton Beach CRA for the subject project. No other rrerra ft expressed or Implied, Is made. We are pleased to be of assfttance to ym on this phase of your project. When we may be of further service to you or should you have any questions, please contact us. Sincerely, ANDERSM ANDRE CONSUETENO ENSNeaRS, Fisc. Certificate of Auttwri:ation No. 267% -'4.4 David P. Andre, P,E. Principal Engineer Fla. Reg, No. 53969 &ftq(f3 ANDERSEN ANDRE C*Nsmrwa IEWaNEM, IMC. WWW.AMMINC.COM NX I M# # i.7 APPENDIX 1: Representative Site Photographs ANDERSEN ANDRE CONSULTING ]ENGINEERS, INC. en sw ekom Sma Port IL uuc% norma "m Pmw VLo Untf Fmc "LW.979z www acww.com Boynton Harbor Marina - North Side of Marina Basin Repr+wemuVe sloe Mmumephs lokwl2m) 1) View Ead Along Seawall ANDERSEN ANDRE CONSULTING ENGINEERS, INC. v3 sw =marr3 gjw Pare SL UM, Florida MU Mmm TTLW.9191 FM MWM92 Baynton Harbor Marina - North Side of Marina Basin iiepruentadw S{fa PbWkW irpiec (OW02=6) 2v_ 2) View East Along Somali and "Raised" Secdar alarm Curb ANDERSEN ANDRE CONSULTING ENGINEERS, INC. SU SW k tm m street Port St. Upt%, FWfld8 34M Phone: M.8ff.9191 ftc mjw.91M WWWA ceh=com Boynton Harbor Marina - North Side of Marina Basin �eprwa otatllRe Site PbOftrmOm pvOQ/2m) illow 1H w �qffr W +r : 3d IL 3) View Wen Along Seawall ANDERSEN ANDRE CQNSULTINo ENGINEERS, INC. M sw 9 ttmra street ftrt u. Uck, Florida MW Ph0W M".91% F= M59.9192 wm.aalnc.oam Boynton Harbor Marina - North Side of Marina Basin Repruen ladve Ske Phoompraphe JOW 2/2US) 4) Close -Up of Voids Beneath Curb ANDERSEN ANDRE CONSULTING ENGINEERS, INC. w sw arty sweat Part SL Lick, Faa & MU Phar MIR."" Fex: 7ILW.919Z www mamc.aWm Boynton Harbor Marina - North Side of marina Basin ftPromme tWm site Photo*rapho (06/OVM16) 5) CWmwUp of Vold Balaw Asphalt Surface ANDERSEN ANDRE CONSULTING ENGINEERS, INC. V3 SW Btlbnm StnW Pmt st Lude, Florida 3 U Phw 77LlQ IK" Fm :r4W.9192 wwwj*z-*r Boynton Harbor Marina - North Side of Marina Basin Repruentathre SIN Phatographs (06/02/2015) k 6) Close -Up of AsphaR Surface Settlements and "RelmW section along Curb a� 4 4L M •' L � k4 6) Close -Up of AsphaR Surface Settlements and "RelmW section along Curb ANDERSEN ANDRE CONSULTING ENGINEERS, INC. U3 sw BOAMOM sum Port SL Lude, F OM&34M Phone: 7.601.9191 Ric MAW -919Z ,w,► xacft.c m Boynton Harbor Marina - North Side of Marine Basin iEe. Omtedwe 5b PbOtOSM s (06/02/2M) 7) O*wUp of Cmclitloe of WaIng Steel Shorn Plle Well ANDERSEN ANDRE CONSULTING ENGINEERS, INC. m sw ffiftw m ftot frt st. Lucre, Rome m.W.gtst ftc mj".94% Boynton Harbor Marina - North Side of Marina Basin Reprmnteihm Sloe PikutM phi (06A01/ S) 8) Close -Up of Joint betwun Etdstt Stee! Sheat Piles ANDERSEN ANDRE CONSULTING ENGINEERS, INC. W3 6w Bi mwe Sean voic sr. Ike, FWFWA Phone: m.W."in FW: MON.9192 %ww4wm*x.mm Boynton Harbor Marina - North Side of Marina Bastin Repmmm a*m Ska Photographs (06/0&%20n) 9) Seaviard Daly Self -Supported on Conaate Piles ANDERSEN ANDRE CONSULTING ENGINEERS, INC. m SW B t .0 suet Pmt 51. UCC% Mack 34913 PWM 772.IIW.9191 fta M WAND 1YIMlYauceUlC wo Boynton Harbor Marina - North Side of Marina Basin ftple v Sft P+oftimpft (06/021=5) 10) Seaward Dodo Space between Cep and Dods APPENDIK II: Boring Profiles and Boring Location Pian (RACE 2009 Work) APPENDix Ili: Seawall Survey (by Olin Hydrographic Solutions, Inc.) ,N),Olin Hydrographic Solutlons, Inc. Consulting Engineering, Environmental, and Mapping Services 2800 dues SVOK IOWA FL =198 grograp. is PhOM 1 (608) 618 2900; F8K (MI 860 4411 utiAs, enc www.dinIjydMUrap ,r, r.4 June 02, 2015 Mr. Peter Anderson AACE 03 SW Biltmore St Port St Lucie, FL 3498$ RE: Ei wwjimw IN manoN of TFC But Kmw FRC w N e THE BQYMM HAROW !MARINA $1.1138 IN Boymm BEACH. FLoFeDA Inspector: David Olin, FL P.E. E 57555 Authoril z*m Olin Hydrographic Solutions, ho. (Olin Hydrographic) was authorized by AACE to perform an above and below water structural Inspection of the existing bulkhead fronting the Boynton Harbor Marina Sips. Methodology A professional engineer dere team from Olin Hydrographic; malted the site on June 2, 2015 for an above and in water Inspection to observe the condition of the buUmad including the seaward face below the water line. The Inspection team consisted of an engineer diver and an upland team providing topside support and assisting in site measurements. A continuous underwater survey was conducted over the entire length of the bulkhead fronting the property on the north side of the marina. The Inspection technique was limited to visual observations, photos, probing, cleaning of the marine growth from portions of the wall, and use of a rock hammer to ted the efeel Intelgrily. Messuraments were taken of the wall dimensions and any observed deficiencies with the bulkhead were noted. The distance from the seawall cap to the seafk*r was also recorded. General Conditions Weather conditions at the time of the Inspection vane clear and sunny. The In water Inspection was performed at mid tide. The distance from the seawall cap to the seafbor varied from approximately 7'-12' (see Table 3 for exact values). Water visibility was generally poor at the time of the sunray, but a thorough Inspection was performed. In al, approximately 417 linear feet of bulkhead were inspected. The property was fronted by e single type of bulkhead which consisted of a steel sheetplle wall with concrete cep. The bulkhead was odenuded east west with a 90 degree lurn to the south at the end. The wall thickness was approximately 318" and the width of the sheets measured approximately 28.5" and the depth was appy x imately 1 W-14". Marine growth covered Boynton Harbor Marhe Stipa Inspection Mr. Peftr Andersen June S, 2015 Page 2 the splash zone and much of the below water portions of the wall. There were wooden finger plem perpendic ulariy attached to the face of the wall that were not Included In the scope of this report. The seafloor fronting the wall was comprised of a very silty sand material. Qbesrvatlons (See AAmxkA for Raw) The Inspeckm took place using a stationing protocol which began at the east and of the bulkhead and ended W to the south from the west comer. Obsorvigons, were verbally relayed from the In water PF diver to the topside support team member keeping the notes. The notes were then read aloud baric to the PE diver to confirm accurate record keeping. The wall had several visible depressions In the asphalt Immediately landward of the wall. These depressions were most likely aWlbubdit to the eroded ground elevation on the backside of the cap. Two inch weep holes were out below the cap at every pair of sheets. Material appears to have exited through some of then as well as amoral hales that were taut in the wall to allow utility pipes to pass through. These utility access holes should have been sealed after construction to prevent the low of WWI material. Also, the filter fabric backing the weep holes was not flush and material was able to escape between the filter fabric and the steel sheets. it was possible to see through the weep holes and utility access holse to the backside of the wall and the ground elevation was 9.5 feet below the cap In some locations. There were also several V drainage pipes and one large culvert as noded In the below table. There was an isolated So out hole neer the water line with no fi#er fabric. Some of the perimeters of these pipes need to be resealed with concrete grout. There were several small holes that once had threaded rods (approdmateely W diameter) near the top of the well that does not appear to be part of a tieback system but were allowing material to escape. 4�'3 iN U,uli0n6. Irk Boynton Harbor Marina Blips Inspedw Mr. PoUr Andersen June B, 2015 Page S Table 1 Summary of Observed Structur®I Ililsntber Conditions Tno Grges Pm to mnt and Marisa SwW Qwrslpe ittapod SemW Inepeoted an 812MM soft" is meatra>od fiam on est O-Wof do rras9 read to dN tastauranl oft wast: 10.5M r�iceable ffi 14 t hole far udbw 1518 wad26 t h0ie 6- tw jawwomane 31 B' drain no nam nbe ih 55 SW AN chin soli W4 27 below lop of can 1W beton► uft holes 5&5 car" ftLLO- 715 r dwmw lard hole at wo3rin no Iter tatario 12B 4• pip.9i W hole. 1` 1 aB 4` l orch hale for Ldlkn 132 4" torch hole ISO Sawmdndn ftin M& dwreeWops In 267 V=MdM1nqAw 20 -- a" Wgj stwat dm vA = at 302 6 hcl® I*= 8" belowwalsr surface 415 comer of wdl 417A Mg yAjh OW thteads Aida. 34roWthkkaws 29.3" w arm 13 -f4 -h wooptowetwonmew 25- damalew -Marl bdo%sakad -VOW taefwebrt t+gO i&kbk common Clot t'Abd 2aft a& MIA* of boo d exOU "N Romy"m harbor Maft SUM Impedun Mr. Peter Andersen Jura B, 2015 Pap 4 Table $ Distance from Cap to Ssaflaar aft'"ht shado a - 0 ia.a 30 12 50 iQ9 70 10.1 g0 11.4 110 10.5 130 10.4 150 10.2 ilii 10.1 90Q 9.3 210 W 230 S.® 250 ILI 2'i0 &1 so 7.3 a °i 0.# *391 5.0 #415 U *4gp. 1�1p.8 �4. Ad7{8l0'+ qpy �f�0 . Amb bft 67W w W/ ®F7��dsftm fir,, h" wt �p Ow lYE1P�d w yt,� q • pY 7m sham d�� on �a[ Dream BoOm Harbor Medna Alps hopecom Mr. Peter Andersen June & 2015 Pepe 6 Conclusions and Recommendations R is estimated that the wall Is approximately 20 years old and the steel is how* rusted near the water line. The portion of the wail beneath the splash zone (low water line) appears in much better shaper than the portions exposed to the constant wet/dry tidal action. Overall the wall appears to be In poor corKftn cosmetically and fair condition structurally. The structure Is vertically plumb and the bulkhead lines are relatively straight indicating any tieback system that was constructed (if present) airs lo be in goad working order. The corumste cup In ge wn* in good condition. Al small Valle and c adCs dwtM be gWrod as soon as possible so the cap has a uniform appearance and wiA retain a long serviceft The primary problem that need to be sadrolreed with the wall is the numerouee draln hales and udly access holes that creed to be repaired. The utility hoes can be AVOW Wth an wpw ding foam seells The weep hales need properly functioning drains installed that will allow rader to er)dt but allow the bac[ I material to remain. M gaps around to urderweler drain pipes should be properly sealed, In order 1b prolong the iota of the WkhoW, it is important thed future preventat n maintenance be performed at the earliest signs of any cap craddrig or spelling to prevent maga costly repairs or pow loss of section alter a a fildent amount of time. Any obaanrecf casdks or'spalls strwid be cleaned and filed with a mage grade epoxy or concrete. For the remainder of the wall, once the repairs are made, It Is this o%**Ws recommendation that an above arid below weer irspedort be perks ed every five years to morttor the servioeel ty of the structure. We appreciate the opportunity to work with you on this projecL Should you have any questions, pierese call me at (305) 619 2800. 7i = OL. 1 roQRM4 IC SoL.UTMO ' IMG R)n David Olin, P.E. Prodded 1011 $<CLSA; yy9�ap sofutior.s, Inc APPENDix A SlTg PHOTOS Photo # 1 : Dhrer Performing in water inspecdor Photo # 2: TyplW oom2im of sfaei sheetpiiea Photo # $ : Vlew of fiker febrb ehdfad in weep hole. Ply 0 4: Typical condition of steel des Photo 6 o : 1'4 5 View of hole that formerly held a threaded rcd. Photo # 6 : Close up view of Out holes for ulli ties. Note the lack of b=Mll material behind the wall. ti { *ti 1'4 5 View of hole that formerly held a threaded rcd. Photo # 6 : Close up view of Out holes for ulli ties. Note the lack of b=Mll material behind the wall. Pi W2 Photo f 7: Typical view of threaded rod. Thle appears too smell to be a tiebm*. Photo # 8 : View of 5' dlamOw torch hole at water Brie. No filter fabric. Photo # P : Typical 4 drain. Nde gqw at edges, Photo * 10 : Typical uldliiy access fide. Photo # 11 : View of atalnlm rod and wood. Poaslbly pert d an old waler ayatern. Photo # 12: Typical weep hole backed by fitter fabric. APPENDIX !V3 PROJECT LIMITATIONS AND CONDITIONS ANDusm Mom CoNsuL7rNG EN8NEEF4 iNG (revised January 24, 2007) Pr*ct Mmltatkm and Curinditl M Andersen Andre Consulting Engineers, Inc. has prepared this report for our client for his exclusive use, In accordance with generally accepted soil and foundation engineering practices. No other warranty, expressed or Implied, Is made herein. Further, the report, In all cases, is subject to the following limitations and conditions. VARIABLE/UNANTICIPATED SUBSURFACE CONDITIONS The engineering analysts, evaluation and subsequent recommendations presented herein are based on the data obtained from our field explorations, at the specific locations explored on the dates Indicated In the report. This report does not reflect any subsurface variations (e.g. soil types, groundwater levels, etc.) which may occur adjacent or between borings. The nature and extent of any such variations may not become evident until conaruction/excavation commences. In the event such varlations are encountered, Andersen Andre Consulting Engineers, Inc. may find it necessary to (1) perform addltlonal subsurface explorations, (2) conduct ln-the-field observations of encountered variations, and/or roe - evaluate the conclusions and recommendations presented herein. We at Andersen Andre Consulting Engineers„ Inc. recommend that the project specificatlons necessitate the contractor Immediately! notIfying Andersen Andre Consulting Engineers, Inc-, the owner and the design engineer (if applicable) g subsurface conditions are encountered that are different from those presented In this report. No claim by the contractor for any conditions differing from those expected in the pians and specifications, or pr+eserded in this report, should be allowed unless the contractor notifies the owner and Andersen Andre Consulting Englneers, Inc. of such differing site conditions. Additlonally, we recommend that all foundation work and site improvements be observed by a Andersen Andre Consulting Engineers, Inc. representative. SOIL STRATA CHANGES Soil strata changes are Indicated by a horizontal line an the soil boring profiles (boring logs) presented within this report. However, the actual strata change may be more gradual and Indistinct. Where changes occur between soil samples, the locations of the changes must be estimated using the available Information and may not be at the exact depth indicated. SINKHOLE POTENTIAL Unless specifically requested In writing, a subsurface oxploration performed by Andersen Andre Consulting Engineers, Inc. is not intended to be an evaluation for sinkhole potential. MISINTERPRETATION OF SUBSURFACE SOiL EXPLORATION REPORT Andersen Andre Consulting Engineers, Inc. Is responsible for the conclusions and recommendations presented herein, based upon the subsurface data obtained during this Project. If others render aondusfons or opinions, or make recommendations based upon the data presented In this report, those conclusions, opinions and/or recommendations are not the responsibility of Andersen Andre Consulting Engineers,, Inc. CHANGED STRUCTURE Olt LOCATION This report was prepared to assist the owner, architect and/or cMI engineer to the design of the subject project. if any changes in the construction, design and/or location of the structures as discussed In this report are planned, or If any structures Bre included or added that are not discussed in this report, the conclusions and recommendations contained in this report may not be valid. All such changes In the project plans should be made known to Andersen Andre Consulting Engineers, Inc. for our subsequent re-evaluation. USE OF REPORT BY BIDDERS Bidders who are reviewing this report prior to submission of a bid are cautloned that this report was prepared to assist the owners and project designers. Bidders should coordinate their own subsurface ergalorations (e.g.; $full borings, test pits, etc.) for the purpose of determining any conditions that may affect construction operations. Andersen Andre Consulting Engineers, Inc. cannot he tread responsible for any interpretations made using this report or the attached boring logs with regard to their adequacy in reflecting subsurface conditions which may affect construction operations. IN -THE -FIELD OBSERVATIONS Andersen Andre Consulting Engineers, Inc. attempts to Identify subsurface conditions, Including soli stratigraphy, water levels, zones of lost circulation, "hard' or "soft' drilling, subsurface obstructions, etc. However, lack of mention In the report does oat preclude the presence of such conditions. LOCATION OF BURIED OBJECTS Users of this report are cautioned that there was no requirement forAndersen Andre Consulting Engineers, Inc. to attempt to locate any man-made, underground objects during the course of this exploration, and that no attempts to locate any such objects were performed. Andersen Andre Consulting Engineers, Inc. cannot be responsible for any buried man-made objects which are subsequently encountered during construction. PASSAGE OF TINE This report refiects subsurface conditions that were encountered at the time/date Indicated In the report. Significant changes can occur at the site during the passage of time. The user of the report recognizes the Inherent risk In using the Information presented herein after a reasonable amount of time has passed. We recommend the user of the report contact Andersen Andre Consulting Engineers, Inc. with any questions or concerns regarding this Issue. REPORT or SlL MURPAm HxpLORA'I'IoN AN3) GEOTECkBaCAL HNGINBwNs FVAujAmON BMTON HARBOR MARINA EMPROMMMS BOYNTON BSACHp PALM Bbl CovN y, FLORIDA rMIAMU", ,. ANIARSEN ANDRE C NSI LTINU ENGINEERS, INC Fort St. I-11do, Flro Id -i .4490' 1111: M41417-9191 FX: 77;#•1i117-9199 %VV,f W, 841:01110..1.0111 IIA.133,„13 OF LONTEN'1S GEOTTiWMCAL ENGINEERING EVALUATION N HARso4 MARiNA Ibmtovaumqrs $oYNTON BEACIi, PALM BUCH COUNTY, FLOTtIlDA ILkC. F��.r Nc�. U4 -I95 PAGE # lA onLLr OL4 AND MCUTIVIt S WAARY ... . .. 1 2.0 San AND IgoLima ImOTtItitEITIOI+i ..... .... , , .. 2 21Sffc Loiw irur lend Deac*Mw .. , . . .. . .. ... . 2 Zr,2 Post RqW.WeUM with Me ... .. .. .. .... 2 23RcriewofVSDA SoBSutwy.. .. , . .. .... 2 2.4Pn*ct Undvmkad&s . . , .. . .... 3 3.0 .OF fORAM . WQ///■ 4 4.0 OpsE IJE&iJlm1yM . ....... . , .. i .. . .. . 5 ��yq/�p} )/ YrN�Pj■�./�...�. "1wa .�/}s�...i�.�1�."y.Y/T/•Ml.I . . I • . . . . . , a . . i .. . . .r 1c. . A..�r.ny��•q{m/a��y j 4.2 Od C� 4f 3 SarlHy4hva c Chadued'vity Tew Result .. ... • , , .. , 5 5.0 Jaggangy ° zlDkra Mgl .............. , .. .... ... . I .... 6 6.0 fiSO'1 LQLb i�C �r 3�Li,�#1 G EVALUATION . ... ...... ..... .... 6 MN- 611 �j!LC(%�lI?iscuwon . .. .. ...... . 1. . . . I . ... . ... ..... . .. . . ... 6 6.ZAqg&=8t ................. -- . .. .... .. . , 8 6.2.1 Auge= t Pile Instdktioa Reew nmesdations .. .. , . .... 8 62-2 Pile Testing .............. ......... . ... 9 6j ivelirelP c" .................. . .............. . ........ ... 64&vexaentReemme-anFMons ......... .. . .. 10 1Q 6.3Qwb°ty Gowan ... ..... . ......... .... .. 7.0 CLmugH.. ... .. ....... ..,. . ..._ 12 Table i - FWd Explaratitm Progmm ... .. . - .... .... ... 4 I • Table 2 - Field Wadi and. Proposed creatures .. , ... , . .... ... ... 4 171gttiv 1 Site Vicinity Map Figure 2 USGS Qmdranj�a Map • 3 USDA soil So" Figuic 4 Field Work l omhon Pian • Sheet No, 1 General Notes: Soil Boxings, Sampling and Tatbag Methods • Sheet No. 2 Soil Boring profiles Appendix I USDA, Web SO Snty Results • Appendix B Pro}eet I.imituti= and COM4 ions A;& let ld A1,10W ( ()N%L)l I .1ACH Pik Nt%W 191 0-o (.I holt al Apill 8, 2010 t rani r,u I IcN r i t,rt+�r t,ols 'n�.i lnil 1"uvl:rnNucrd,d s,n,wrlilug City of Boynton Heaach Community Redmlopnient Agency (CRA) 915 South 17ederal H' hway "nton 3=14 plot 33 435 Attention: hir. MW=4 Sinulin Den-cloptnent Direcint RBPottT of SusaunpAcR BxtLoaxno t ANn BgX=N O tPROV!MJi t'3 M'N'rOA1$EWM, PALM BEACH COUNTt',R.ORIDA IT +:17=4 .7 In nccotrinnce witb your xcquest and audunim dup, Andersen Andw Consul . sets, Inc. (hetemaft3exrefedtaaa�l�1C#i) ha: aatutGacatplorsttianandgeotrcfi� rys analyses for thcabtsyselefereviced �ie p�iirpoae ofperfaanmgthis tspltutttiou was to •17niiie scdi types sialunderats"t levehin the rxptxted ixiBuenoc of the proposed construction, and rests�tmus which these soil and dwates oondttusps meaty place on the pvect. Out work included Snladancl Ihmetthition Tear (5P1��, honed auger bwiags, fidsoil hydraulic conductivity tuft Iahorstsaryr tewt[�p moil en$ixioenng ahuilyais, '1'bith xeportdocumenta ontexpkhmeiansRtul tesla, presents our fnd1 w", iind autatnatt7lCa our cUUliCllltiiLcl7a an+(l Recol�ex►cl9tioifs. Ills following sttnamary is intended to provide a brief overview of tnu hla&W acid oecotomendatitans, however, the report should be rrad in its eo&eq by the project 4Wp team members. In brief, because the site is iu>kdet'laia by deposits of soft, cinraprcad* silty OJWMc sihils varying m thickness &nm abhnu 3 fere &esteni portion) to tmxc than 1 feet (eastern porton), the propisie l improvettlwts should be suplxated on deep foundation sptatnus. We secounnend auppppaarting the proposed harbor master nEke buikbing, the proposed beaecin feature, and the proposed fnutitaln Gall to be constructed an the northesatim section of the site) on lb inch svg*=t eonctete piles installed to drpths rif shout 40 feet bekatr rote existing Stade. The proposed wayfuadec kkak, the proposed "Sea hilae" vendor kkisk, and the ptnposed cmq tourer/sign eie nent (all to be constructed within the western portion of the site) should also be supported cm a deep dation system, consisting either of mWrcast piles or helical piers installed to depths of at leaat -25 feet. It is our undrtstsudi% that dw proposed voodoo itnardwalk to be kstallecl along the north edge of the nodhetn seswall (extlrim to the bodkin) will in feet be a replaminent of the esisdng boardwalk Hence, it appeals that the new buardv alk wil be ahle to be supported on the existing seawall pile cap and the existing concrete curb, similar to the current boardwalk. As such, no recotiwwadationa for Us project feature ate provided, Two altcmatives ata praserited for the promised southern parking cxpanion area, includin conatxuction atop tori the existing owl (with ensnntgsettleumts and tacumed pi venxnt maintenance and/or rite inclusion of one or mote layers of reinforcing grids m the new pavetneit section. Farther, it is t!ecx»n ueuded that an obaergeclkmesion am, as well as the cow of rrefuni to brings perfmmed within the parlring sm. be explored with a fes test pit emanons. SYJ SW 1111tta"Ok. R1Q&t, 1*01 %, I UCIP, Film blo 34981 P11:777 -W-1-910.52 MM -407-9197 wwrv.AlMiilt,.trwn 13e »XAM 1 JARBo INLaauay.i laitucm Pape -3- A WE Mix No. 69 191 NOILOOLIFIVO The boyntoo iiarbm Rladria is located at 700 Casa Lama Boulevard in Boynton beach, paha Beach C,ounky, l lmids (within Suctiam 27, Township 45;&mtl16 Range 43 Bak). The marina facility narOy Consists of a train boat basin with access Rain the Intmcoeestal waterway OM as weas two restaurants ("Bay Boat" and '"I'wo Goargt!e' j bated on the south and north sides of the baain, res actively. Additiowl featuure�a include dxiveways/parking arras, astaacaated utilities, laaadecaped areas. Am a tvk= two -m" tackle store/office. ht g neat the northwest cosier of the nmrins basin. The owina basin is bordered by a steel sheet Poe an wall WA a concrete cap. The p oposed paiddgg exlraasirm arca on the southportion of the ateis cuawdy grasse"ndscap ed; one depresseon area was noted within Its sm,thwestcm pardon. Due to Owner/aces issues, a reduced scope of stout was impleaueuted for this ptojtx* erid desetibed in this SpaycilIly, as xequ�ted by the CR.A, only explorations an iarerty curreai tly a�wnzed try the Li CRA were completed. This i>i udes the feauturox hated in P" --T Z:$ blow. The locAtiw of the Boynton Marina Harbor is gtaphiadly depicted on the Site Mkint Map included as Figme 1, and on a tepoodueda n of the 1983 U5GS Quadnnp�e Map of "Lake Worth, Fkx ids" pneernted as aur Ftguce 2. The USGS Qeute� Map dgsicos the site as being raektiniy level with an avcage surface elevation of about 5 feet N 2,2P a iCYWV tvirh Site AAC9 Principal Fnjjiaeer, Mr, Peter G. Andersen, P.R has, during pre sous ea*oymeat, provided � gg obwlmicarleagineeringc�OMIting£orn "Mue mlow•autihigh-ldwprojects,utiityMects,etc.within � the City of Boynton Beach, includbig the following existingfeattiues located udd in the Boynton Harbor j Mat3aa site: s f • 3-st� kwahometls 7- and 15 -story c cine uercial/re-sidential buildings ; 54evel pRddng $asage Two G. %a parking areas • Moran% boson seawalls � It is our expennice gained from numerous subsuncce scan explorations witbhl the Boyaiton Harbor Marina site, that the site is generally a mm -made peninsula axt+eo&uS from the mainland into the IntrawastaI War efty, Hence, the stubsurface mm-made typically consist of sanely fill atop fibrous, or deponts (P=O, in tmm followed try sands and theta lino stone. The orgaiuc deposits as deepest an thickest near the eastem and nonfucrn pmdom of the site and shallower and mer near the wcatam and southern pardow of the site. The pruence of these soils has, in the past, Idnaast exclusivr,If ne:ceasimed the use dflailt foundation systems for the various structures within the: site:, such as die projects noted above. 23 Ref ew o!'iI" Soi S'rx wj, AccoWbg to the USDA MRCS Web Sod] Survey, the ptedoniinant scut m the area Whett- the site: is located are the Amts -Urban lasiri ��{�, g is substratum (,�taR„ 't.11 and the si land INfin Unit Q. In getter, the rbin is noted by the USDA to consist of a few feet of sands, atop a few feet oftnuck, in iuun followed by wilds to depths in excess of 80 inches, Thereport obtained from the l.1SDA Web Soa] Surrey is included in Appendix L The approximate lam ion of the subjcct site is shown supcimposed can an aerial photogma h Exam the Web toil survey, presented as Fegnw 3. 3i CE1"ax No. 1)%141 24 Firgjecr Un fieretond4W Based can our ccx'vPMtivrss With rePmentatires Of A1"aCW, Inc. and our review the provided Sitc Development Plan (dated Jime 2009 with subaaeyurslt Midnns), we understsaul that a number of iMptovements are proposed for the ores& Boynton Harbor lllatisla. Speci>1teA4., the followhis unProven)ents are proposed on the curter* aecessl6k pmlions of the manna (Lt. the subject of this reporo: A rmasteiofficebrai1diu9 with 9MWkx=tWQM 6 ci OM his buMing will be constructed wkhin the nordleutesn por.40n of the mite, directly north of the' `Iwo Gem%=" restaurant, and will be two -attars in item t. WC have not been pro Yidecd with any specific attuctuml inkanation relative to this strnctuax, h veMrs we expert it to be constructed with DAU wills and ,possibly isolated ealutxwa, with Maximum wall loads of 2-3 kips per ]ineR: foot and msxmum cohumn loads of 150 kips (if any). 'fA .np "171a wwatrs Feature will be area be constructed within tete northenatern portion of the sue, and we underowd dost it will be patticulaady sensitive to diffie ada) settlements. %Vc leave not been pLz,.Med wkh any specifics regarding this atructurt which will be emetr d an tin very northern por&)an of the site adjacwt to the YCW. • d� 3 rind_. lids kiosk will be situated by the uatthwest vouuer of tate existi�xg 1ra>wrie)a burn at the CRt6') of an exh aing twos" to /dive sum (to be razed). A "!ea Mist" vettdeu ltia?sk. This =Vctume aril be located by the southwest miner of the misting nuti m basin. A RMcmed W99 Waver/sip rfe to be conattucted near the entrance to rbe 130)mton Masini site, on Che northeast corers of But Ocean Avenue nand NE da Street. e Ruking i the Mthrm af dItx2IAM 31M new � Ltg roll 6e constructed *fthia a -ei�ted area located directly went of the eatisting Bnnan2 cant asphalt �sarking. Addittonsl irnprovements (such as asphalt parking rebnhwintum/tepta went, now steer walls, etc)are pi�ciposed for the southern pwtiun of the site, b0wevet,110 explo=tiCWs Svue PrIforand for then itnprovemftin, as requested by the CRA. its noted, itis out underatauding that the approxinutely B -foot wide wooden, boardwalk to be installed aknrig theasuthearn scaarsaU (exteaucyr to the basin) xvill tnctciy be a repl><teiaent of the s istii>ygg boardwalk. Ae such, it ap�Rts that the neva boAxdwalk wi11 bs: able to be suppppoarted oa d)c eadstin� seawall�aile cap Rad the carie rnnrr� Glen], sirnilnr to the cutrei)t boRrdwalk, iE [out understaridu3g of thus scope elauent diffrrn what is beiilB pmpoaed, plesae caittsct las. We seltente that we have not beers provided with any species stmctuml inforroatirm (long, sacs, Lnetrg, etc) of the: Fatiou8 pmpoased stavctuxes. Hence, the st colnaneitdatxassa pteacntcd herein acre based our experience with similar projects and dee assumptions stated in this Leport. Details of the electroakAly provided Site Development Plan hare been reproduced as our Bating Location Mn, Mgta,oc 4. lk n N tim H inkm M%R]I A IMPRt 111?511..41;*' A 1CF i Ti T -No- rah• 9l U FIBI D E ` IDRATM PRQQWI isage -4- To explwts the Seneral subsurface cundition s within the site, the exploration pm Sorin summarized in Talsle 1 brkm, -ams completed: Table ]-1Field Hxntaration Praelara BmiugfTesfType Numhex Ptoceduir llepth 6m,gcad! Re a 11 Lnca0eA.1 drad Penesratim Teit (STs'Ij [Soa 8 ASTM TA 586 2545 As pm U*mv 4 Hand Auger 5 ASTU 1:33452 1.5.7 As pee E%we d H dmik Conductivity Test 1 SF11VA1L'3181 BIM 6 .is gex Fig= 4 ora tC A !l' Vennl 'lice explontiono we wmatarized in Thblc 2 with respect to the proposed improvement fe2tums: Table 2 - Field %Vmk and Pwpmed Pasdtuxec Buaag ID Propund Impmvemeal 10-3 may -funding No* T13-2 & TB -3 hoii wd b=dwAik (basinp 1-vpc W by others) TB's prtim"in 1111.5 & TO -6 Hadwr muter ituBding/puhlk rettrocaw TB -7 .l mIdmCt =1 baaw Mmetum 188 Enid tower/sign clement HA.I thw* HA -3 Paling vVat34on w DLA -awned ptoperty H:1.• & HA -5 l lndcr Moak isX 1 ptxt d estlllll>a11iAs� Irencll on north sterna of site Our field wort Waa compktod in mul*c rounds in the period from janunq 11, 2010 to March IS, 2010. Th a boring locations shown on FARTLM 4 were determined in the field by out paetsonnel using tape and wheel measurements, the provided site plan, and existing fs atutes as nkrt noes. The locations shown on Figure 4 should be considered accmmte only to thedan lied b the method of � meafumment used. We preliminarily anticipate that the actual locatlans etre within 15 feet of those shmtw an F*= 4. Prior to comlileting out field wwk, the Sunshine State One Call of Florida wase notifx:d for the pUqXMe of leaving existing unde%mmid utilities marked on the site. Further, as recommended by AAC and stuthorized by representatives of the CRA, Ground Hoimd Detection Services was retained to locate tuunatked uudeqFrntnd utilities on the east end of die site within it grassed area. Sunin sties of Ar10E's field procedtzes rise included on the :attacked Sheet No. 1 And the kidividual boringand coat profiles are ptetsented on the attached Sheet loos. 2 through 4. Samples obtained duties perfoartame of cite lacuittga vete risualiy du6fied in the field, and xepmseninth-c portions of the sangACE were transported to our labontt" in settled sample jars for iuxthet classification. li:e soil samples recovered from out explorations wM be kept in our labmxatasry for 60 days, then discamW unless you specifically request otherwise. &VIN7 ON H.0 tecw t"PA, wvxjvmn-5, Pugr -S- ..'kt:L 1•11.1i. lvn. 09-191 9.11 OBSERVUD $I)RE FACE CQNpJT10N9 41 faeaewl Soil Cola dAfaus Detailed subsurfaet tondidons are illustrated on the suil baring and test pwf les presented on the atetchad Sheet Was, 2 thruugh 4. The sttatifsratiext of the boring pwfiles rc prese:nts out in e:tatiem of the field boring logs and the: results of laboratory exa n*katiotns of the recoo� and saes. 'l'be stratification Banes represent the approximate bountclaty between sial types. Tho actual trtuzsetions may be arose gradual than �np1ied. As expected, our borings conftttated die presence ofe buried latyerofvety soft dhy and fibrouss (}lest, M exte ncling ha tfiiclmess from 3-4 fret oil the western portion of the site to more thau�t on the eastern Paxum of the site. The orgatkics were typically found sttarthtg at dVths of 4 to 7 feet below the =Wnggptdes, and were overlain by ksose to madecaudy detase fine sands ( 1with vaey tit�,gg amounts of debris, sladl and littteroek fryts. Below the organic sttt,tum. am b cuctuittetee:d alternating pryers of loose to moderately dense � sand �5`P), fine seri with ce men�ty (SIS and mode Lely hwA to hard dW%tly sandy fat ted lunse:stoue (L) to depths of about 45 feet, the tetminatkm depth of our deepest boring. Our hand Auger borings � IA -1 through KA -3 peribmud fit the proposrd sauthem parking expansion encountered a €env inches of toil, atop 1-2 feet of fine sands with viarylq amounts of rock sad concrete exits„ in tum followed by silty Gree Sunda l) and orpo cs reaching their trm h�tiani c the. We note thatxchmd was encount a d in two of these borings; HA -I at 3.7 feet grid FIA -3 at 1.5 feet Hand auger boringe 14A-4 acid RA -5 prxf n ned at the location of the pity osed Sept Mot vendor kiosk (no drab ,d access) eacountemd a�gppt�'oxinza * 4 feet of fine wads ' with coitstnudan debris ffta eat$ (COnictete, baricic, etc.), folleswed by otganiaa (VI) teaelsing their termination depths at 5 feet below gradr- The above soil profile is outlined in general terms only. Please refer to the; attached Sheet Nos. 2 through 4 for ittcaMduad goal profile details. 4..2Neasurted Grouudtyt mrie ivl The 1rroundwater table was encountcred at depths of about a to 8 feet below the existing ground stu!faae, as shown on tlae boring pmfiks presented can Shtet Dios. 2 through 4. In generat fluctustions in groundwitter levels should be anti'tpated tlxro*ovt the year primarily due to seasonal vatimtions in rainfall, tidal fluctuations, and other stow that may vai7 €tart the time the bearings weft conducted. 4-18avil hfydwuki: Chaduc#ivio, Test Re auk Aa reeluested, one (1) soil hydraulic: conductivity test +spas performed on the site, at the location shcmm wt Figura No. 4. The test was perfeunud inral acwrdance with methods described in the South Florida Wits r Management District P *7v[D) Permit Infianundan hfanusl, Voh me lV, in brief, an apprmmately 7 -inch diameter holr.vas au to a depth of abut 6 feet; the bottom oast foot was filled with 5'7 -stone; and a 5 -fiat long, G-in+ch �eter slotted PVC pipe was low sed into the hole- The distance from the grcnntdwatcr table to the ground surface was recorded and the hole wait then attuated for 10 minutes with the water level maintained at the gmuod surface. During the constant head resat, the rate of pumping Maas recorded at fated intervals of 1 nshtute feu: a total of 10 tasintttes, 102mving d>e initial saturation period. Be s1 N11 IN[ I MOR tit.AaersA IDurae AV.%JFN h .LaCU Mi p No. 01M 91 In sunumnry, the test yielded a hydraulic conducth ity of j,,Q#} x 10-4 cfs llt=-ft< bets]. Deseuptions of the seat"kt obsel%led in the test borchole and the hyd0c'Ec conductivity test resultm shmrn on the attached Sheet No. 4. It is noted that the SPT iJe A%r- perfumed in the immediAt'C vicinity sof the eslil radon test ('17BA'IB-5, surd 1B-6) encountered J�aanice (peat) from depths of about 5 feet to more than 13 feet below gluda. An such, dee proposzd exitltmion trench should be piao ad above tlois o gpmk layer since infsltm6nn rates will be vel law within the ogpnics. BflRiI= TIwnNGP. t3Gym Our drillers obsemed the sail reecovmd Born the SPT sampler and auger buckets, placed the recovered Boil satsaples in moistum proof conWoets, and maintained a log for tach bar* Tire recovered so satnPICB, akusg with the field bo' o 0 , were trail imrted to poor Port St. Lucie coals lalmmtto where khGp 1Ke:tE Y1e11811 � %a1231r7[a by an 11 Project CA�,In= to dettw the tlicir e=1�t1eCY117gg C1914i dom Tlae visual erlaasi cation fetlu samples rose � in accordance wits, thelei1 ii &oral C.lassificadon SYstetu, USCS. In addition, Percent Hoyer tests (MMM DI 140), Moisture Cantmo t tjXts (AS'M D2216), and Organic Content to ste Mltl D2974) watt pctfottued on irpreseutative samples of the esuouutered odic stratum to aid = classification of these soils. The soil c6nilleat and othw ent da to D= ed oar explorations and laboratory essminetions are ousted on the attached i�blos. 2 through 4. 6.0 GBMCt NLCAL ENG ARRM EVALtJAT p &X CwnesulDJissct Based on the fmdbW of our site explomdon, am evaluetion of subsu bce conditions, and judgment beecd on our experience with ainu'lar pv4cch, it is our opinion that the o3counte ted imil conditions on the entero portion of the site are not suitRble to support the peajanacd harbor master of0ca luuitding, beacon featuw, end fountain an sslu&w fo undatioin. Usubj t+n the anticipated banding los de, the very Soft otpnic stratum in this am (e ncounteeed Fuxin about 5 feet to about 14 Feet below giede) is expected to generate settlements in excess of2-3 inches. Mth s percentage ofthe setdemeitts ocsctmang over s period of bone. Such settlements are considered excessive: for the proposed construction. Demuckivg of tltc encountered organic sails is not considered practical due to the depth and thicknem of this orruc erratum, dye teln&clp shallow depth of tine dwatra tabic, and the presence of adjacetst sate featum. Hence, it u�ili bac necem; to tmns;: tics itvad gated building loads to degm more dense erx'1s On the use of pile foundations. For this purpose, it tat recommended to sup art the foxsteues an a dw f foundaticni;ystem consisting elfaugaed, cast-trce (augewaso concrete . rlugered, cast -in-place concrete piles are t�cco=ended u n cep foutxtlxtiom alternate over driven piles because tier atx matalled with a nmtistsurn of noise and off -eke vibrations as a mpared to driven pales, and because tlseir cost is typically lower than that of dm -ea plies. With regards to the suuctures proposed on the %mtetn pcxrdon of the site (the: way -finder Jdosk, "Sea, Mist" vendorr, kiosk, and pxgmed entry tower/sig g, we note that: we have not been provided with any specific etxuctu al information. However, we prefitninarily anticipate the need for supporting these xttuciums an a deep foundation systetn as weU. Causaderation can be given to utilizing helical 1r$ installed to depths of at least 20-25 feet for their support, in lieu of august piles. &117J"n hx l l.4 uiox ALUUNA INIKU R141JUMIN post .7• .LVXFTmX(), 09LI91 Altemath,ely, these d=e sizuctures cauW ppo1m]I3ly be supported on a shalion- falmdation system, provided that the shallow urgaiuc soils underlying this porton of the site are excavated (i.e. dernucked) and t!placcd witli wel-Fomy acted g miiWar backa. However, %%v preliininarily expect tint the presence of adjacent existing site features (such no roadvwm, seawalls, utilities, etc) would prove nt such demucking openmtione and consequeady, we Mire not Pursued a deniuckiq option in tliis report. We terrain available for consultations in this regard oucc adslitiomlinformation is available: relative to these structum. Au noted psavioualy, it in our widerstandiug that the proposed wooden boardwalk to be installed along the north sick of the others seawall will met k be it repince nvtat of the eMoting boardwalk, Hence, it appears that the new bomrxiwalk will be able to be'suppotted an the existing seawol pHs cap and on the existing concrete curb, svnllar to the earth boar walk. As suets, no mcoinniemilations feu this project feature arc provided. 1 --bully, with respect to theropose dpa parking • nsion on the southern ptatioji of dee site, the offer two alternmtives (eii mesed fin6er in Section. G If the Owner is willing to accept the likelihood of having to repair the pavement sw&ce at more frequent rote n h than no vial, edea new pavement section can be coq,mucted on the existing sails, without demucking of reinfbmernent. Note that a poxtson of the organics w= encountered above the gwuntkm ter table and will ds czwpow with tune. Observations can be wade of the e%istilrg'%nzno I3oat" pwking areas which likely were constructed directly atop sinm1ar organic subnufice conditions. Demuckiq of the Cadre parking "Pension area is not ccmaidered practical since such efforts wfluldrequke: sigaif>ca>tt dew ate ng needs and relatively deep, braced excavations. So, c oic or mete layUs of lreutfelltungg�d s (such as TdAz Geog idj can be incorporated into the new pavensent seetia r so as to distribute rife loads foam fell, pa it sectioia and from vehicle traffic. Such geogrid installation would reduce total and differential settkmcnts of the nmv pavenwnt section. Tke coat of in laden of one or more Inyen of minfate3e�g gids which would result in miniminn J wdements and inaintenanee can be compared to the cost 3 multiple rear rfacinges. � a fmi 121 the pwkkg w1w am to a) detennine• the rause esfrefusal experienced by out hand auger borings -1 a -3, sad b) explore the tsatWC of !l the observed depression ares Within the southwest portion of tura pwposed parking crpnnsion area. ! These tear pita can be pufo=ed during the site preparation prose sums. � Rero=neudations for the deep foundation altemstives as well as reecsrumauhtions for the pavement expansion area are pimsented in the fol awing. &mart N 1 ARal ax N ARIN % PUPRr VHAIJ•.%;Y5 AACO Fju: t+i(r D9-191 62AVewast PrlrR P -.Wt -& We reconunaid it mink- nunu diaramtur of 16 inches to have a better assumnce of the irnegtity of the pile. 'Llie piks shmild be installed to depths of 40 feet flaw the e)emd% SpDund surface, Or at ICRet 10 feet .into rhe encountered cerate dem fine Banal straturn with Hmest+nne fragments/and]imestene formation. Such pgis dxnldd yield allowable clan cession Capacities of 30 togas each, uplift capacities of 18 toeaclt, and latexal capadties of I ton each. The provided lateral capacity is for a fize-standing shW a pie with a lateral taovenrent of 0.25 inches. lilaxnnum bonding moments and the location of the paint of fiat ry will depend an the thicktnesaes of the pill ca a, the reinfnnacing of the piles, etc. Tine Structural Enocat slwuld glee the pie cape and minfarce the piles and pile caps so as to with,stnod all axial, bending, tmsile, Riad shear stresses The Minitnronr center w crater s wing of the piles should be at least 3 pale dismet+ets. With the pile f nuidations designed and constructed its described in this report, are anticipate the settlement of iwkted iodivA' W pp�rIea, constructed of 52000 psi concrete, will be 0.3 inches or less, nwst of which will be rectwerable in dsstic shottaning of the pile if the losda nre reveaved. Pkv me Vote that this aeWon of the site is utadedain b7 a 1 of soft ogpmic soda approximately 13 feet in thickness starting at deptlss of ipproximatelg 5 feet � the existing Voimd surface. Cate should be exercised dui the construction of due piles to avoid the development ofweak zones dnvughout the length of the les embedded in the otpities. Particular atfttion should be phren to the tetxieval rate of the auger flight during the pumping of the gloat which should be slow enough to tlaaintak a grout brad of approx" 7 feet to 10 feet above the dip of the auger. We recottraneend that the antttitnum vciumle of g�nut mtmduced into Mch pile hole exceed the theoretical volume of the pile bcmahole by at fimt 54 pelt. ' . anticlppte the Actual grout vohltnesreg tornaintsrin a proper grout head du=8 the canstmcdon of the piks to exceed the theoretim] volume of the pales by at least 50 percent: ?Me is outlined in the folllewing Rnd should be taken into consideration by tiro pile contractoza while prep piing their (aids. 2.1 ARRums Pile JustaLktim lkQmwendadm Sixteen -inch dilutnater, avgrred, cast in-place piles should be iumned at d teed locations, in RCCOI* a with the fodlowang instaIl don racamauo» dations. The Lecwmen& procedures should be covered in the project q=ficati ms, and completed prior to =wrraction of the pile caps. The co: shuGtion area, plus a margin of 5 ket beyond the petimeter of the fnundstion system, should be cleated andgrubbed o£asrp paveaimot elements, vegetstion, stumps, tree mot spsw-ws, and sod. [ genic topsoil should beexcavated and removed. StdppinV. debstis, and aqpinsc soils shouted be stockpiled fat disposal. >✓xea+raxte to the proposedx ile top cutoff a tion, mid read, circ pile installation rig for drilling. The drilling tools oftould consist of a continuous Right, hallow stem auger, nwunted on sWd leads, whirls rine, in tum, suspended frwn a ozone boom Fixed leads. ate uxcr wended, to aid in maintaining the auger at the desired kcZination. Suf icicnt auger length should be provided to Rllow drift of each pile to a niiMmum gJ52 feet.below ft pile imp net" 3. Thepilesaw to k>ee era®tolled to a depth af4D tart belrnu rite wratm' &ground surface, but not less dmi 10 feet into the mare dense sands and sandy limestone Te --w tion. lit rumA IN li.%3XIjt NI%ItE,�Moto k t:h!} n,- ILACE MIA; Nn. 4)9.191 Page •9 The drilling and grouting of cinch mile should Im performed as it c ontinuotm operatiorh. 77he auger flights sh*uld he advanced at A steady rate, Withou t stalling. Moreover, the poi cr sdmdree should have suf'f'icient nota otpacit;r W mlrhitnize the volume of soil broaglit w the surface by the augers, as they are advaoced to the design depth. i3ris is necessary to inwoe the consequent decomprewion of the soils, which occurs when the augers witlhdtaw excess soil fiam the sides of the augersed hole. Decompmsion of the sails may result in the reduction of side f ction capacity of the pile. We recommanrl that the volwne of soil brought to the surface, during Ad- rsntexihent of the auger, be limited to no more than 1.5 cubic feet, per foot length of the pile. 5. Following cotepledon of the scimmement of the augers to the design pilede di. the auger stern should be liftc^xi tt distance of 2 facet, die auger bottom cap should be clislot� and grout should be introduced through the augers into the bottom of thehole to fill the two -foot thick void. The auger stem should then be re-lowend to the bottom of the bale. Grout should then be put r1 tlhmugh the auger stem st s tate sufficient m maintain a lucid of 3 to 5 fc,et above the tip of fisc auger: Dhuixhg gnauting aperatirstxs, thd� aug�� shauki be sxsutinuously withdrawn and sldxtvil* n3tated to expel thud sails on the flights. Sufficieahtgtout should he made carr avpilsssl�le to cshable the inuring ai esch pie tv be perfornhed carhtinunusiy fdaoin hdhttth0usz ba tap. 6. The vokme. afgrtvht introduced into each pile hole zhould exceed the theoretical vohmve of the excaysted holo: by at kwst 50 peomnt, hlox over, the ivie of introduction of the grout should meed the theoretical volume by st Ieaat SO pament. 7. Following comrpledon of dwS=WnX of the piles, steel reinfo=ement may beinsmlled, And the top of the pile prepared to receive the pile sap. The gnmt should then be allowed to erred, sit necessary, prior to pwparihtg the soil to receive the pile cap. FoJlo� the mired gmut cthtitigpeaiad, ccatatiauoua pile cap ttencclics and individual pile tap pits d be excavate to cap ]hue and bottom grade. , ubgmde soU ahould be saturated with ;rater and compacted with sahble mechimical equipment to scbieve the specified level of density to the required depth. Pile case bottom grade should be tested to confirm that a mini mw tleiheity of 95yercent of the modified Proctor maximurn city density (ASTM D1557) exists to a depth of 12 inches below p& tarp bottom. If necessezy, the bottoms of die pile tap excavation shall be over-exravued, refiIIed, and seconipaeted with non. -vibrating nwImtucai c meat to achieve the nccessaty Suinimutn Field density to dhc x quirrd depth. Fenn and steel reinf comment may then be erected, and the pilo utp couctetc awy be cast and allowed to curd:. 9. ARCH should be enmeM by the owner print to site preparation, to provide field obalervation ofsite ppi�tt dsration stgs, Field obser► don of compaction operations on nature] and fill sails, to cna>aiuct in-place density tests on natural and fill so&, and to monitor the installation of the auger -cast piles, to confines shat the sspewifhed requirements are anet. A compression load test is not required fox pies with design capacities est IM than Q cons. HoWet cr, we rccomtnend perfonning Pile In Testuhg (f'Tl) on a+ number of the installed piles iso As to verify that no udnagtie.tlmted reduction 1e 0p e arcus -sectional Moen (.e. weak xwhes) have occutu-red within the organic strstum. We ivinain available to Provide reco=zendations four a suitable PIT program. 13c-N1ursHAaskraUtiara:.1[aaNUA-a-AMNtr Pap -1u- _" CE RIC NIa e. P 141 6.3 HeAkwl Piens As an alternative to augercast piles, the structures proposed an the westem Pardus of dmc site (where the orjcnic attatum is thimier and shalluwer) can be supported on helical pier. 'These include the way - finder kiosk, the See dist vendor kiosk, and the entry tower/sign. Based on information from the ChRnce Tcchnical Manual fbr Helical Pier Foundation S ,stems we estimate that C.'hanee Helical piers installed to depths of apptaxinmately 241-23 Feet below the existing ground surface should yield allowable axial mssion capacity of 6 tons each. '1'ltese piees would baye a 16-inchsyuare "ft (Anchor Type SS5) with one 14 -inch, aryl 12 -cinch and one 10 -inch diarnetm Mix at their tip. Thr" actual pier capacities should be vetifted in die Held by srmonitwfing the tp que applied to each pier during the histRURtion pmcedurt. As per the {;bane Specifications, the n inirmun torque rt~q*ed to install the vacated piers should be 3,24141 ft -lbs. Please note that other combinations of anchor shR is and helix diameters exist. Ilie Helical Fier System proposed above may not be time moat cost-efmctive combinathan, no attempt was made m optimize the design. Depending an the magttittyk of the loads resulting from the proposed structures, anchors with lower capacities may suffice. &4 Awwcnt Revrm=dadnne In brie we recommend it pavement section conaisting of stn asphaltic concrete wearing surface on a cakwamis base course suppotte ion stabilized subbase amwell-compactedsubgrade. However, sitaoe our hand auger boainp MA -1, HA -2 ami HA -3, as ivell as VT boring TO-% encounhered shadow organic soils within the proposed panting expansion area, constructing such a pav ernent section directly atop dm existing sows would cause Nieatganics to compress/consolidate oyez time. Nrtlm-, the portion of the oWtric stratum which was found above the mmixient grm mdwatetr table wM continue to decay. We anticipate settlements on the order of W to 1 inch pet foot of additional fill/pavement section placed on the site surface. Most of thrsettloments will develop during the first feint months after the placement of the fill but si�oficaat (`/s -inch or mate in meal) settletnerate will cxmtinue, passible several YCUV- Hencty if the rtcomn%cnded ppaaverne it section is constructed ori the exisdpg soils, the Owner should be willingto R the likelilmood of having to re it die pavement surhace at nxft i'r!r uent inteals bsery than nord. atoms can be mnade of the atiathig "Sanatta'Bw'parkr ng areas which ry ch likellr were constructed directly atop similar organic s ubturfsce conditions, and whkb curretttly exhibits only minor cracking and settlement. We are not certain about the age orrepair/mnintenance hietruy of this existing pavement section. Should it he desired to completely elhnirrate past -construction settlements due to the decay/compression of the organics, demucking of the oaeganic soils could be cansidezed. However, the delouclong would require sigtmi arxt dam txzir efforts and rektire> , deep, binced eaccavations, whi b both would result in increased to to the consttuction budget, It is pr6 iminarily not considcMd practical to demuek the parking expansion areas. Instead, one of more laypa ofreinfcrd%grids (such as TenaYs TxaiAx Geogrid) can be incotpomted into the new pavetnent section so as to distribute the loads from fill, pavement secdcos and hon traffic laterally across the parking area. Such geogxid installation would seduce both, rota] and differential settlements of the new pavement section. Thsc cost of inclusion of one or more layers of reinfor' grids whirls would result in nminirnum settlements and maintenmcx can be compared to the cost of -multiple rvesurfaeingts. tat139 n)N H w%)R Ot.ilelti i I.\jA1 M eeillt:m.' pHGr A t ��CC Pn.t3 Ner, r19.191 In gerncial, after clearin�gg,,, stripping and grubbin& and subsequutt to the excavatieytt of test ,l the sit aurfacae should be proofreDHed witli a vibintory roller so as to produce a dry density of 98 p rcent of the nn Mad Proctat (ASTM D-1557 os AASI-ITO T- i q masimutn dry density of the compacted sail to o depth of one: foot below the surface. The subbase xuatedal to a depth of 12 inches should Dave a Litnerock Beating Ratio 03R) value (FDOT PM 5-515) greater: than 40 orad it should be compacted to at least 98 pe=nt of its modified Ptoctot (ASTM- D-1557 or AASH'TO T 180) maxituxun dtty density. The surfitdal fine sands (SP) on this site (above the oWnica) nuy not yield the requited LBR value noel tueay require nixing wide shell rack or another approved stabilizer. If desired, the iainfoecaug geogrid layers are typically included at the level of the of the subgrade, and/at within the base course. We remain avaiisbk for consultations k this "The base course may consist of crushed litnemck or coquina and should lave a Limemck Beariiag Ratio qXR) value (FDOT RM 5-595) greater than 100. We mcomiend a base course at Imat 8 ouches thick four the anticipated light tmillic. The 8, -inch base course should be placed andcted in two lifts. All base cosine material should be compactrd to at least 98 percent of its modifi�roetor maximum dry density; We recotu need an FDOT I�pc S-1 asphaltic wearing surftu. It should hove a Umball. stability not less flutf 100(? pounds. We reconinie:nd a wearing s►utfat:e 1.5 inches thick far dye antieipamd light tmfi`ic. Om must be exe Ldse d to place the asphalt over dty, well printed base n atezial. These recommendations should ptovkit ]nigh quality pavement. If greatest risk of moM fee cent pavemnt tualnteninwe grid repair is accVtable. then the above recommendations cordal be trJaxeed mnmhat. if 3 Qu fy sCONA-01 We reconitoend establishing a yeaality control lnugmm w ve* that all site pmparation and fbwWation aonstructim is conducted in accordance with the appmpriate plans and sp e ct�etkma. Materials testing and: inspection sw ices ahould be provided by Anddeeeenen Andre nae&ng Engineers, Inc. AAC H should be engaged by the ownar prior to Bite preparation, to provide field observadon of site Prapanation siepa, fie observation of compaction operations on natural and fill gas, to eaooduct M - place density tests can natural and fill she, to uxinitot the installation of the auger -cast piles and/or helical pica, and to confstnss that the specified reqwrenteata are met. Any modification to the above recon nneade d prxrcedviw should be approved by AACE based on observations, made during the field work. R RF' F. NT ONAl i Y LEFT BLkNK lis + 1 E.13LR �-mtMtkit,0tltYric�r•rn•'.1< Puts l� �l'.y 14:., _ RACE F111 NI ON? I'll The geotechnical e-n'alugtion eeubmitaxl lu rran is hased un the data obtained ftum the Buil bodsw pteaented (m Sltect Aloe. 2 through 4. As rated pm-ioush% eerf little islfotmatiui) is t;tuxenth a--atlable re dtr pro aced improvement feamres. his such, nye have rude ccrtstin masamptkuts within this �e$a .Should the final t#t�ign t�i�er fossa what is described in this report, tae rL41ust flint we bt psnv-ided with the tapfiortvrnity to reg icw the final design so as to ensure that the nemimendations presmited herein are applicable for the eariatns pj*e:ct feattrlti+tat. 1lntitatituts and cunditlom to chis repnrt are presented in Appmdix 11. Thin report lutes beat pu pt:red in sceoxdatttre with generally► accepttxl ttnil acid f nmdutimt neeting pmctims frut tote exciuui•e tins of Boynton Beach C ommualty Aede:veloptment Agency and For the subjern project. No Cather warranty, expreseed nr implied, is made. We are p1meed to be of aashMance to you on this phase of your project. XVhcn we 1nt{y be of further service tts pun or should you Jim any questiom, please tnntuct us. Sincerely, ANt»tew ANIiRS CONSTJLITMQ SiM (;INMM, INC. C,ertifeeatc sof Autlxa»'►tioa No. 26"4 L*ts�111iI lfit►}r-1/2 r C� w Mvid P. Anchor, P.L. tt w PrIncipal Pingineerr lila. Reg. No. 53469 1�1��NA��titi ��t►� cc (via emai�: W. Dove Perry - MSCW Ms. Ana Schwartz, P -F- • h=W hit, adc Warted, Pa.. NSGV Ms. Daric6'iayltrr MSCW ?s ttr,,;=j• d Ire esu,Shctirl 's;r]r=r,tsf.Rs� lilt 2DOT Asdd PhokWr=h N.T.S. ANDERSEN ANDRE CONSULTING ENGINEERS, INC. M $W mft�Pat2 W% Pt. spa rM"t m SIVE VIONnY MAP omm br: Pat DM%* a11a1N0 SUBSURFACE SOIL Eft MTKINS Ch9dwd bp MA off: 07/31110 BOYNTON HARBOR MARINA WRONEMENiS BOYNTON BFA, PALM BEACH COUNTY, FLDIRIDA Figure No. '� toes uses g!gftMb Em of"Lak. Wath. FlorW SSM � ... it r • l ti w + • '¢ jjjj iTL � r � gyi •� .p � ,'F.�y�. G � i?' i 5 .• • �— Y ,a .0 i + ex �^ PW # Z�� 11+00111 ...1AIBhIM Secift 27, To mahip 45 South, Rmp 43 East N TAL ANDERSEN ANDRE CONSULTING ENGINEERS, INC. In WSHO11orie lb e ftt I1w UW% PL 34= MOM** wwwaA�le oow SUBSURFACE SOIL ENWRAMONS cic=Wa bye DPA Beer, 03i InO BOYNT ON HARBOR MAMMA LVJgU YEMENIS BOYMTION BEACH. PALM BEACH COUNTY. FLONDA I MM FIS. MW 00.1101 Figure No. Z El -� I IRV= eauak wr�ro�urwynrnr�ds�pr USDA SOIL TYPSO ON QJM 4) ArontlAften WW oampl■t<, wgarlc sub*o m 46) Urban W d N.T.B. rig ANDERSEN ANDRE CONSULTING ENGINEERS, INC. erg sw o Moak ftrt IL u" FL ams M -M-91" m"Eff co n+ USDA SOIL SURVEY onw, bp 1M naul DF3 l/w SUBSURFACE SOIL EXPLORATIONS CnedW hp Oft ate: ovildio BOYNTON HARBOR MAXIMA IMPROVEJ41EM BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AM mb tray W191 Figure No. � ANDERSEN ANDRE CONSULTING ENGINEERS, SOIL BORING, SAMPUNG AND TESTING METHODS (abbreviated vision for project "effic methods and evil conditions) aa1�l. rmaanwnamameaaattuldas �i RR[[6ROTsQmodidw '•"'• ,p •p° ••R�1e,rRemM& immobvievalwaWARa.tAffmvmae .alf.tder.pdaM lhAademd RtdR imedtill3 lbgptudelewiidmma�ndtna noosk lop". j.neamilh bow 4p{mtligy,iF> ary=llfle��e e.h.ndm mnPotiatlt bri==o[; hattom cid. km.bold AT bRada.l a[a ptpime�.acpas m dterdatadem pl�taelet�[ Atave hew sttk_ aadh{Ora d.tdlBie 11.aa thwc o�[tfa.d ltl de � aktand tLaaldhe.rdolpmcd. 31oa fafatRa4da0 eyatom3®m hm3.B kflm 11wmi m aw � hgp.ad na'Tl..l m�tiartiaeaehbpeatmft tOttmdedmQmmonmm..ad&cmilmlmsiW Tic drairalm am" as d* Aer wtaes PA VW Y q4midmit tel- The w4 W mac W h® tint. MR m:miles mghe pedml sbd hteGltl'[cR. Tic pmnwadaaalc dtpcba Mpnamhudcglnpl The v.[a lecd deaddle abamw•dl elm harLdetRhmkterddled TlmmeRlal"leany waelNsnklfaeeeed}Sdrdd•96 pmcadt�,acpci.�mheheSa mwkkp ap�3�a1I1b h0madde de�gsd. +� a�e.tc dcl®tmn �lpaawdtnl¢ bma tagaitd[ lro�lamttlaTsnthto. ofadrhk a[udtmdm6*al&. Aoc�[.�.��Oned.n�la�r]rtEaoopiaomteLrf�'�dbe..�lpaad. 7ha • -- groL.. dwm_ W vin whom kpp Dim a -team rmm dhow dm il ..fiber 3tdawnota[eRmT4Rt�nuadmRtvalSlntLettTtrt6nslaakxedneet asm atbapnlet lA dine: 7i..daipobmiopmoatAlf49-m-ove a.itle,'+ etk.atarMumlow dmnmPeed9i�i.at5.11or{tpyathhrdf Sfiat D1 Sim]) depi u sltn.eotm B MOIL IN aol:aarrxdN.b p AlF:.di(75®jeiicmmth>mdiodo:uWWAsaedghad iimmtateeodytarrd.dpeumdlam ileenes&liek.3esugalteI st fpptTm6ettltl�6imth�319aa)lour.l4adla0aea.vRpaptSod6orie�eade Onamedw PaktmTre$tmpeda0p3ailevpper9faut►a+laeaa ---pehf.gtam hem i0dae uppers lea (lsrQis ataena[tre theed.d.e dumhyof dts toile Tba axil aa�'1'k aieebedi. deabrdendrtpatmolice aamydmpmM hae ae �"ti awd a[.aapwaed m the Ailt31RadlelwmlE drl6eduRwdiend%fFmtimmtf. ffEA>sWA2D V2WRT#ATMT W Tie d 3keelf.tlwTtm � A erdellj.metptndutdhed aFio4Hm wdapa:iwedrlee .eW(A81)f1Y13S6J. �1Z•pmtc�.0otjkpy�arh�5tln[�O�I}.�o-'6.t�ttmpitt'miaebnd b S.a e»d pf a aid[YinJmde ilddTm;?il beriq ib+9iq] iom &r Rmma b�wacateac hle.sa*l40Tamcd(dMV4l* ap 6wely1 191-901edier(0.1Ik[t].I1ee.mI of hbwa ludtek lk m[$ A iaeh.c PL154 b4l"Mlll POWAMAM lemtto.d 71v mm el de Howe zeeggmdfW v aars W=etf the ftW boo fl. wh Q0.1St41 a dpewemdm atr�nt[tdawttwketfth-wl.e. AfreeTiet�yt,q[eawyrltckameradit�tieepm®d .rd opet�n nSlavt4wr[deedpdumaf de.e mll a.ege.. ']'h.DiTehp hm hea teeTiitfaar med.ud e�tndatr mS pu0pcaie dlwr([ga eata.�a.d,e etxaeeenClhR bth.aeeeFmflctmektlo.d i'be Iallowky t.bi.t ut1e14r.bwa b.,�treiee deaplptYnweof .oA_m W' taxmhmbnbomolm caedawbrtpeaw s4 v 4m u Lm.e 30=x0 11RAam dulme ndmsn DOW dhooe56 t'ajdma C4#a1.e5aSe ld-V.l. Omx *"W US f¢sMQ 3a.4 Sam 03L4m0lOatilSa.30k1i) 4mShfiv okeif 0.90m1Alti6G[nlMW4 ".15 ow 14m7AedRtdOmab00hR7 191030 Yr1 off 76 ee 4Affi(lOQaldO iAq dl[ty 30 11[.d 4<la.eeL gE(�0]!!ed 73Rvm.tewulyyc.rom.odrsfoot(t.S.e�iaaetvak ]9amesa,emmSegmotoR saagmmtn etadegfi doac byAA[� thmce4 dap&�ewixxa moomxoccae deJieddmt af,ia .041. T.gd[.d. The aael.ae.a.d.and m the m.hdeaa&mby ton deMWZsim e --'-ice �656•td a. aaaam th. srtd�.edla.id the iea draosia mcpmeu0[t 7i,.cieardwad4v"10hmta0decitidasmu,bdmmod mbeepdeleaccrab" de!eraas shkhymoe>mlogS.eseogtkad�lC ptea[tmebod��hole. hmm ed d�.P�fMll�lm� [[.a. fiodre00pl.d shgn.a 6addoamm]w.boat:de aapi�depdcmleepdohdeap a"ccpterentdtelom.f b" Aha o[appislkn of asmtbWiosy de bock i.ptapm mills acedy.nm flaeemdw.mlm[dl lbw hwla it tba w.d.6 h1 hrdrafu& cider adds ecommi .ed ander mxmaemmc Sob aoepkea pinned m d R AdCkt.Sa kl,ama7.a amdlr ahataved 1q a �otx>mlpdeapineeT ae.tc.6crd Nrbdrir. Toeeblei mote measle dglpipiiutafcbcemflettar Lhmrep s ped®td mYi.et.da.ayda[ta d.vosl+nsattg n tldLa telt daadBmiea.wd m3mlp bra[ ptttpen4saydKWILTheee.tecubsiempee.e.trdandet llbaftlepvilm ng,.tl'tmmdit"Wq*p..m.dOnaept°ta'tttVq ntnarpl'ra+adttevuadlRUutepneR TiffKAdaeapdmtayeeiamd,a mh.Reic>�aawiamiamawlpmaedmhemewdrem tTid�s.S pedamaimemad.exmdn.ovMn delbiomlliaS �(�Th10�S41ardbdxthmedm�.ml�-'pa�u.1. 77� e�lo,>ecr eom. na�rloai YAO >14� tC1U17�SF4'1' 7R+08�A TgwrmwkhThaA3fld D.84S7 ST.kied Boll Clm"fitatim8.rem CLAS41 WATMOR KZZ FOR iii pli:1OM NPIka7AilSf>a'�. rJ001Ripad�IB6t7.176.3051'Ji+[}Z�"pODbthgb ®6iSt Cow fk.wh !/4" (M mnQ m V VS =4 17neG4ir[d W4(4.7Smen)2a-Af4"g9vw0 tlwa tentstlan a fSc.tdin dsdptim s-15% .w�[,. 13-29% -Km 30.0% l{dtei.Srseei,rxrev .md4) CglYRBl SAMN ]da lORa[[$9eem N0.4 (47Sa�8k.e 1!]1WWYi;CAaOth Na�W@I.1.9FipealfetemNe.10('tmt�ieta TM URM b9m.Seltl(fS " NM 40 f0kk Ola w �ameaSIVA d[m e$md b deae�+� A -M -taaR 30-4 r d -c#= P504 sloe MLTYOSSQ.T[ FI [ 4 WffY0AYEV0%W.=aAVi 4 5[ 5 7 aAY9VCA(lAY[ N s 7 c.MEW lowmwannbdtfltaedglnda[tapomg 5-15% -W&b* 16-3VA-dl.A9tad+lcbW M -oft -Ra 0"M*[7mifisdm D -Lm VamSyrmmta4taaof.egSwAbmc 24-9Si tldyo9gtele .dd'wh{taefl[[ekflne'tage.pmme S -X% agaok St3thltarpele3o.4 Aet(UY; 0[p l&x moi" ANDERSEN ANDRE CONSULTING ENGINEERS, INC. 578 SW Ntmor4l street, Pert W UtadW. FL a4W 772rea7M" wm.AAi6 lK.c= GENERAL NOTES arava W. P" Duo 0301/7a SUBSURFACE SOIL EXPLORATIONS C*cted by: DPA 04m: OU31/10 BOYNTON HARBOR MARINA WRdOVEMENTS BOYKYON SLAW, PALM BEACH COUNTY, FLORIDA MCE R, Ha M191 Sheet NO. I :a APPENDIX I LAACM M120 USDA Web Sat Su=7 Results AA in J94 AV U S-< Agm IL �u108 �31Ex Sal MW-IPefm Bach car* Mea, Fka a Map Unit Legend Bey+rM Llorkm OW wrwndlnll ISHO] Beach CGUMP A"Ia lFkddo q".Il Maki dell ft"Ib l . 'kW uennnrr "Awn In Am ' •Peresarltof Avl $ I tirb`n Isrrl eempleK w1a ft i1lhil1011erl Tj sB.Oli 48 Urban Imul IOA 0 � 2Ie4sr 1063% T Tads for Arca of Inl ml ;QE T taA.d7L Nmral &;—mnms mb"Summw 142019M Coal rvmf n 8andoa Nsf el ODUPWAM Sed y9ltruelr P"S 3 of a Mop Unit Dmatpeorc AtrnWMpa#end wnphx, oWrda s"jvNm-Pdm Eio>m ASI {ark surcaurnllnp on* O w h CMr*Anaa, F WWNL Palm anch County Area, Florida G—Amift- .lrrbsn Land cornpim organic substratum Mop Unit btetN v Msen eimuN pnwo#sdm A$ to 60 Indata Amen enaW A* Nn para re 70 t0 77 69rees F Fmat w pelted` M 10 365 days Nov UM Co[npoWd n Anu f, OtVwk &WW&aftm and ab*f aft 68 percent Mm twxt 40 pant Mhv CAMPOnwAr b pmew De wOw of Manta, Oypt* Suborat m SWOM Lance: Fdm on rn dM ieMOM LMdbM poait= (Ehf : law QMM Awaas,dWe ahWo. Latest patent ai"Aba l3mu]� dredp0 over ori ntetarMtl aa� AW* marine depol to Pna wsm and quMflas dopa 0 to 2 pwwd tk�ptA t0 rB+ltrk" its Mom than bo IrAhn of the Owd mow lir b bonen ►fit' HO i0 vary NUh (13.911 to IM W Dq* to waW LAW- AbWA 24 bD 36 k OH6a Fragtaeaytdffind kiv: Nom FrgQoi"wOfpwxft Mate Min aalb*. Nor[ahne (0.0 to 2.0 MMhOWN* adsompti0t[ rabbr taretdhmom: 4.0 AVahbb thoateres NW. MWO*e (About U Ira hw) irrb rprallve t LawdcopMW (narrh6WO 8A Typled prNOa O L0 2# kWhear: Sand 28 in 30 iaehm Band 3810 72 kxtkw Mucic 72 ib W kichea Send D"04ption of Url>au LAaad aang Landform: Monne berraaee L,aarfft, poWn (thtr 4kne ubwll� irateat u", talf Dcawst W atWe: Unser Aavw4k pe ahepa: Laser Parent mater Wk No pow t material N.nuv[ RMM M VA* Boil Sir 1028 FAM rS ory lah env ur ldr/ww1 [nopff" SOK &MMY POP1 of R Map W taesarpl m *wb4kbon WO mmOur, mule rtbWAum-ftM &yMM rerba WA "wxwft WdA How* Cou* Aak Fb s Minor Componwh rmmo RIW Pk#uew afn" r* 8 PWMM L.andborra: F7atwao t on make bwama L@?M t M pue n &vw*wTRU wawa -ems tae: Car W Ad apo abWw Unser Data Source information Od &Busy Ama: P Wm 18*w* Caniy Arm folds &xM Anes oatw VWvlw 9, Mar 2, 2= VOMMONUMAWW""JoNd � ad ear "0g�oe Map LN DooMpmw WboA brd4% , seaoh Gwj*Ana, Fbrft BGY dwUI* n pw KwwMft w@A Palm Beach County Arca, Florida SIB --Urban land map tb* Seaft Teen aWNWpre*Vsftw 40 bf N Maar a+a pW s* MW"aw 70 to 77 dgmn F HwMw period: 968 W 365 di" map Um Compodum Udwrr lift 100 percent Deacrlptkm of Urban land BMtlt tanedli M: MWine imratGea t w*xm pWft kbdkm, 6W Aow"km Aanms,WbW sbW Dow Paind mbdat No parent nerd Data Source Information Od auq Arps: Palm Mach Gouty Ani, FAVe Sarver Area Odw Vbr*n 6, Mar 2,200 N.hat R.aaac.. rwm ftR &rAY ,owwaq 0 AACS Project Un i#tiGM and Comma ANDERSEN ANDRE COMULTING E dGMEM, INC, (ftvucd js 24, Wn FmecrLbnlmdhm gtzd Co ffdans AndetaeaAnd�ee �F eets, lac, has ptepmned this mpast� out cliantf xt Us cmdusin WN IAs� with jpc= y acmpmd Kd and fmrndstion eat practices. No odw ftp, rzpmised at implied, io made herein. Fes, the report, m all cues, is aa*ct to the folloavnog litoufioca snd coadidom RARM"/MUNTICIPATED SUHSURFAM CONDITIONS The ng aasdy* a ad tion goulmqumt dstiF"In am based on the dais► Awned fxomn our EWU cq$mtizms, at theBped fic lama eaplared on the dates indicated 3n the fst. Thin does not oefiect ati &dWatfice T riadia®a (e.g� soal �"Um 3e�aeie, eic.) wht& may cc= slacent at hemmm . The nature and chat of any auch vaktioaa map not bmm cvWmu email Mien jascav^at m comm In the event sub vahistieaa sea ems, AodcmmAad c* tory fmd it erg to (1) pm&mra sdditinnsl subau bce � s��t}oaas obsav,Lumx of cncocuxtened Ysnattcros, sad%r :ne-cvsipsi7c the pmacnted hccc m tlsc s0--n—Um-im�mediew ao yh Aad st�a Aadm oa ting �ra ,Inc., the a�►aet and the �eogiae (ispp> ahk) if sabaiuface conditions ane euaoanWid that sre df6e m iise a thou wffib No bg the coattactcr for say candWmn Meft fraon those espected is the pplanus stxd apeciflcstioas, ar premaned in *h acpos% ahoald 6c allowed nnlm fixe cpat modfim tie owner afld An aseu Andre Cmulting�, Tat~ of such during este candidwk& �, we that an fouudadon afld afr movements be obwzved by an Andctssn Andre C.anmWng Ewa, Inc. tepreeetttative. SOM STRATA CH"GES Son data rl m4m ace indicated by s hoWmontal line on the sadl boxing proMm (boringlb�s) pi�eaent3od -within this am However, the scmd states c may be mens grAc[uai and iadiau� Whete chogm occur bets soil a, the k=dioaa of dxsng= moat b . � Wing *0 avaiisble �adm sad zmq not be st a east depth h dwwtcd. SDOMLEPOTENTIAL unim �y �d in aubstrrfacx >or Ambc C tiog F uer: . is mimes d to be an emlgm?m for da&&c Patmtial. MISEN 'ERPRSTATION OF SUBSEMAOS WIL EXPLORATION REPORT Andaman Aske Consult EngtCsecM Inc. is ntpaas kdc fiat the cmdusiam snd n=wMMdxttans pmanted hereir6 bascd upas &c subow&tce data obtained during do ptaject. If othats sender or c us s, at macre sxanssamcn ftft based stpoa*c is presented ill, tbh x Vox6 those �. apucaous and/aa` Momnmt&dow am not the aoesponmUhty of Andeneo Audra ConMft Eq*0MM Inc. CHArTGED STRUCIXW OR LLOCA'ITON This =poa vae to assist ew uvmet, srchiteawd/og c V, in the of the atnbjact ptxajet t If= c i the � dc* and/cw avian stmcam w iru]uu ud is tlsss toad su pAst+sssaad, ax ff sq s�uctutee axe. � at added that am not discumed in t 1h Mott, the �s scd dstim d in this nepw sat not be r�Iid. tttx ►chs es in the P plow shoald be a,mdeknomtoAnderrenAmb a 9 >b�+im USE OF REPORT BY BIDDERS Hiddsrts vt►bo ire worming this t;pnmt pssa�m to oft bid mx mooned that t}:is gats r60 moist the ounM land pnaject . Biddtn should ate �sat� � athaa�{e .. sonl boat, tt>:st paw etc�e on oI d� anynets ctsomtVmdom Anda t Andee Vaitneem lam easmatbr be]ds�esp onsibl e yin e>ss gt�usrcporkot the etmcised boftkrwith sersd 10 thCkt2d04wtq In tefecfmg nbMtfimm condftm VIN& enxy ai%ct amuftacum a � IN-TH&PXMM ONSERYAMONIS Andersen kite Conaddag was, Ism attamagts to identify subsutfaea va dWow, hulmling x1 stmt , wetter lerels, tosxn ofkot �ladoN "har of 10V sabsw&cc ett:.awmes, lack of nmdon is the mod daes trot prednde die PMM" of Such moans. LOCATION OF BURIED OBJEW Unn of thea neport ate cam that theca was no jmgWtemt= fim Asldmen An ce Cc su Inc. to attempt to 1otiste a W02 -Mark tmdaWmmd °l'1 of stud d2 st no attempo to any w& objects xQAnderm Andw ung En,g cera„ lam casmot be tesponsab]e fn! xay burled ob*b h ate smsbs"nently Gncounteted darissg cowimetkm. PASS&M OF TDO 'This ncpont ir&cts subsurface comtdi&M dat Vag encountwed at the time/dale indicated in due wpcwt Si pukant cbaages can Drat at the site dming tin of tint:. The u m of the .Matt tccog�i*csthei�endnti0kinasitagtlyc ttaanpstese�gftertr ableS0Mxmtoftheme l7aspassed. Wemco=wndtheusaroftbemporteontactAndersenAntImCarasuWngEu&ceax,Ine. vvith any quesdom or concems ceding thio issue. *lowA RFP RESPONSE BOYNTON HARBOR MARINA PHASE 1 B, MAR I N A OPEN SPA CE ROADWAY IMPROVEMENT PROJECT Ligated al 70in Casa 1-01'n.1 8ouleVard. Hoynion Reach, Florida JUNE 23, 016 WI rthL rilii[ F• i�- b411le) pppjI N{ v. IIml 4117, 11 R1h4du 1�1r' FmjnfjA1imi.irid 4kbri[ ill ur'i+R1MUn1tj- 141 u. , MP26AUc6 11.x1:4'. iC I%4: a md-mw 4' RFP RESPONSE BOYNTON HARBOR MARINA PHASE 1B - MARINA OPEN SPACE & ROADWAY IMPROVEMENT PROJECC JUNE 23, 2016 W COLLAGE on on OUGN SUKOW Boynton Beach Community Redevelopment Agency GENERAL CONIRACIM AtIn: Michael Simon, Assistant Director 710 N. Federal Highway CO+WUJC X)N MANAGER5 go,ynbon Bei FE 33435 Combed ID QLWRy June 22, 2016 RE: Rtqu tflor Proposal 11111"eloo Harbor Matins Phase is - Marlm Open Space and Roadway Improv mint Project Dear Mr. Simone it is with great InriavesC and eadternent that The Collage companies presents our qualifications to be considered as General Contractor for the Boynton Harbor Marina Open Spaces and Roadway Construction project. With confidence, our proposal will show you that The Collage Companies possesses the specific experience, tine technical capabilities and the most qualified staff to complete this project to the highest level of quality, for the best competitive price, well within the schedule parameters. EVERIENO IN SOUTH FLOR&L, Our Senior Project Manage; David Thndade, Is a native of Palm Beach County and has led ourSouth Florida office for several years. Some of our clients In South Florida include the following: W�.trnay� �m • Miarni bade Junior College a Town of Jupiter a Broward County • Clty of Port St. Lucie + Town of Palm Beach * Chy of Parkland + rw Fort Pleroe, St. Lucie County a INIa$e of Wellington ■ CRY of Plantation rnxoei8 a Stuark, Martin County + City of Boynton Beady PREVIOUS MARINE le"XPEMENCIft * Northend Stobilkation Project Longboat Key, Florida e Torry Island Boardwalk Renovation, Bele Glade, Florida a Boynton Harbor Marina Harbor Building and Fueling Stations, Boynton Beach, Florida ODRPURAlk arm * Hontoon Island State Park Dock Renovations, Deland, Florida * Tbmoke State Park, Ormond Beads, Florida (dredging, boat ramp, parking) 585 TECHNOLOGY PARK a River Breese Parr Oak Hill, Florida IMF MARY KORMA J2746 ROWARY EVERIENCE. P407ASa2zr a Helpatlokee Regional Park, Stuart, Florida • Dyer Boulevard Regional Parr, Palm Beach County, Florida (bridge, roadway, parking) FAo7az9.22S8 a Indian Rhamide Park, Jensen Beach, Florida e Abaaoa Community Park, Jupiter, Flo iia e Lym (Central Florida Regional Transportation Authorlty) Operations Base, Orlando * Amtrak Auto Train Station, Sanford; Amtrak Stations„ Florida FDOTParking Garage, Kissimmee, Florida EVERIENO IN SOUTH FLOR&L, Our Senior Project Manage; David Thndade, Is a native of Palm Beach County and has led ourSouth Florida office for several years. Some of our clients In South Florida include the following: W�.trnay� �m • Miarni bade Junior College a Town of Jupiter a Broward County • Clty of Port St. Lucie + Town of Palm Beach * Chy of Parkland + rw Fort Pleroe, St. Lucie County a INIa$e of Wellington ■ CRY of Plantation rnxoei8 a Stuark, Martin County + City of Boynton Beady DESIGN BIlliMS Vft fully undersand the scope of services that are required ;5 the project's General GENERALCONTRACTM Contractor and we are qualified and experienced to meet each of the pnafessional requirements and well as the licensing, Insurance, requirements of the project. COM1E57RT10N UCNLINACERS CONSVdso NM PROJECT PHIL0S0PHr.S ►�%*wffbuWdWprio�le &s-T1=wd*n4h� bW with 7baai abo SawntrO& mWe6how • Pnaenen re:r■era Proms Metdrodoloor. The success of the process will determine the success of the project. Our approach will be to become totally ledWated into the project team In orderto provide timely and accurate Information back to that team to allow decisions to be made In achieve the pmfed quality, budget and schedule goals. 444 imnwdh to ureas 1,,l Tom Appr=ch Collage will work Josey with VHB and the Boynton Beach CRA to prcnride timely and cost a lfecthre construction services irrunerdiatefy upon being selected as General Contractor. We appreciate the opporturdty to present a pr9ce proposal and request that you read our proposal closely and research our n ferences. in appreciation, The Collage Companies f CORPORATE OFFICE SAS TECHNOLOM PARK Brian A. Walsl% MBIA LEEb AP BW+C LAM President 407-8294257 FLORIDA 32746 bwalsh9tollege-usa.com P 407.529.2257 F 407.529.2256 www"llM&LaLcnm OG 0020516 4NPOIRMET. i-oNSTFCUGTION SERVa.E.4 r,UMW. SECTION NAME SECTION NUMBER PRDIPWAL REWRIEMUM 9l.0 Attachment'C Attachment 9V 2.11 Attachment 'E' 2.2 Public Entity Crimes - Attachment Ir 2.22.2 Bond Requirements - Attachment If 2.23 PROPOSER QUAL IRC01TIOW 30 General Directlons 3.1 Prop wWs location and Registration 3.2 Proposer's Performance H" 3.3 Failure to Complete or Default 3.3.1 Uqukhad Damages 3.3.2 Legal Actions 3.3.3 Change Orders 3.3.4 Quality Control Program 3A Schedule Achievement Program 3.5 Sub Contractors - Attachment NP 3.5 Dnp -Free Workplace Certification - Attachment "G' 3.7 Ucenses 3.8 SAW History Worker% Compensadon !tate 3.9 insurance Requirements 3.10 EVALUMN AND RANIIING PROCEW 4.0 Desaiptlon of Categories 4.5 Qualifications of Firm 4.5.1 Related Project Experience of Assigned Staff 45.2 Construction Delhmry Narrative 45.3 Cost Fee Proposal 45.4 PRIONG AND COSH 5.0 Constructim Services Proposal Price and Related Costs 5.1 Attachment 14' - Proposal Price Acknowledgemerrt Attachment "I' - Coat Proposal Breakdown Self Perform 5.2 SUPPLEMENTAL INFORMATION IRN&Rp CI COLLAGE ANTACHNIOC IVO !�ItIfi :�`_„ ,t, N � iM ,'�#► ��'u� ��.: y=.t��. y� Submit Proposals To: lays. Beach Comms Redevelapmeat AWcy ylONoaffi Federal highway. Baynton Back YL 33435 RvIcM Date: 1o+ 17, 2016 Prgjece Tide: Boyatrut Harbor Madan l'em 1B ,1Marina Open Space A 8ubmitial Deadline: Ftopoeals nvA be n=WW in thdr andrely by the BBCRA no later this 8;04 p.m., ou Jana 23,2016' Proposals win be puffier► opened in the Haynie Beach Community RAde+rekPnWt Agency d 3:15pm on the stimfmion date =I= gWfied otherwise: All Awards made as a remit of this RFP dW1 onedwm to applioeble M&US of the obAft And codes of the Boynton Dmh Community Redwdq mehht Apace►. Name ofPrapom-. Cone and Construction Group. Inc. dba ft College Companies Federal IM. Number: 59- 143t389 EA Corporation of se quo of;Florida Telephone. Numbe (aclgi ti24 - 2 PaxNumber.440 Wl -22.%—. Moiling Addrm..Teahrrlolgav Park cjjNSbLte,Zlp-. Wke Adana lel. 3&M 1. :11 Ndan A. Walsh j4 w= Tradeder a yp4 President Title ym.» Dift ATrAC 'P "8" Reipt is hw ft mkm wkW aftbe following addenda to the RMvmtlhePrapoeab W,P) 80YN" HARBOR MARRU,MASE 1B -MARIA OPEN SPA(X & ROADWAY ndPROVENZNT PROJECP by arferWg ICES or NO in die spme provided end indicating date raoelvW. No. 1 Yes Date May 2 No. 2 Yes Dift June 17, 2016 No. 3 Date No. J Date. No.5 _-Ddr. Propows SWvft +e Brlen A. Walsh Pnbt Mame PmsideM Title Jure 22,2M6 Dab ECOLLAGE WOrCRA 01-. ,Jf►TrACHMRlhtn' uV Proms Tltia: Aoyatoo Raba Marna Flava iB - Marian Opal Space & Raradway Improvemmaroject Chock Ones pion-Mxwhftry: MRrd~ X David Trinclade, Senior ProJect Manager as an mohmized qpmt of Name and Title of CarnpenyRaprwarg ive t1g D Mand Construction Group, enc. cibe mpanios -- (harelnatter oa!!ed the Proposer) loomed at Thesis OMOMpany So Technology Park, Lake Mary, R. 32746 and dw Mid Company Addims Proposer is homhy ca f fm that an May 25 9 2016. Proposer our Propose s MMMO tadve pmom* viatted the Pgect she baled a 700 Can Lama Bmkwk d, Boynft Basch, F% 33433 " ins @UdWIY a>genumd the mdzMg amdWans need mvkwW fhw aorrditic>t>a as ft relwo to Atlmhm at "A", CmBb acdm bocarmM194 for mid PfQW prig to submitting hb&w PraposmL .lune A 2016 Signatam of Compal Repreum AtVAV* N n W Above Date David Ttindode Priest Name Senior Project Manager Title ATiACHMOCr'rD" V11 a_ 77[� y A pmm or affiliate vAo box been plead on flue convicted veudw list fbllowir g a conviction fbr public ati* crime may act =bmit a bid on it cosf-act or provide mW gads or mvitxa to It public errdty; submit a bid on is cou&a t with a public mgoy fbr do eons or repair of a public building or public worm submk bids on laseas of real property to a public aft. be awndad or perform wank w a eorkador, mipplim. eubcaat m*w or cortsullant under a ca amot with my public aratity; or vreasact bolneiiii with arty public soft in eatoats of the 111111011014 amount provided 1p Section 287.017, fir CATEGORY TWO fknr a period of it W4bt (36) mando fim the ddo of being placed on t>'ta ommidad vmWor list. As the p u=a nwthurlaad to sib the BWOMM, i COMM the this &v ottaeplies fb,14► wl* the above ramie. Proposar(s)' Signature Man A. Watch Print Name President Title June 22.2016 Date ATTAMWENT 'J" PUBUC C ONSTRUCnONBOND Enwted In 2 Courderpads NIA Hand No. (enter bond numbar) BY THIS BOND, we s • I7eeign asrd t3M as Principal 410 Norlh Awmim Spech t Ineiaanas 22MM , a ompooOkm as Surmy, an bound io the Boynton Bncb Cem�edty Beda►dopomi�t Ageary, herein called Owner, in the som of $ Yl• A lad , fiff payment of which we bind fluraelvea, our heirs, personal nepresexyleive% succazomv, and assip%joicffy Gard mvenally. THE CONDrWN OF THIS HM is dw gPftdpal: 1. Is seta ded duough this RFP proeaBe and sa arm ults a conhvd is t9br aaed between Principal and Owner for constractaon of Baysrtme Harbor Marko. Parse IB -- Marina Opm Space and Boadwsy limprovenaat Pr ojeet, and pmxgw pis sorb contract; the wnuna being mob a port of this bond by :vf varve, at aro tree and in Bre manor presodbed in to contrac4 acrd 7. pmmptly makes payments fo all clah=*6 as defined in Scotian ZU IX Florida S comes, awplyiag PrinoW with Mcff•. noft als, or * =ad ma=y cr bWk*cdy by Principal intImpmsecemnafthe work provided tar in the comautnd 3. Pays Owner all losse% da=gee, c9c aam and atior nWs including appollabe p oceedings, tis t Owner sustains bac m= of a ddb -i by Prinoi W undarfire contrac4 and 4L Palma the gaaranbee of all work and materials furnished under tine caatrsm fear the time specified in dw aontiack, then this bond is void; wise it remdw in furl force. Any ration Wo Ill I by a claimant under this bead fi>t pq=ent mat be in accordance with hire noose and time Umitatioa prow loan In Secdon 2U&M Florida Stutae. Any changes in or under this documents and complimm or ttnnemaplisrace with any eonnseftl with lira conft t or dm cbangm does not at3bct Suaoly's oblipfm under this boa ttt DATED ON W-31113 ®Y' C oligo DoWgnbmd ConsWeSan Group, IRA aYf Prmcaptrl) w ft As Attcm iR Fact) Glo ,A�;:#�T a Nash American SpecC. IraarlTi itQe arnpa (Now ofSwety) - . "•g - Page 31 of 31 - —mega — 1�A� � fiiiiaU�' Ii AIMCM DOWM770NAI.DWAMMOMWANY GOOMMLMWER OF XTMIMCWHIM KNEW AIi Meii � 7Jl�lik�i�► �RATlieat6 ANaieM l C�rr�atonpontiea deer aed r�itr >eaaa�M itdadlirr�eyaWej, eadirrh��t�ei alae irt��, Marr � avrd 6rbnnseaQaa�gyaaarpnMwrnr�.rdaed �derllrioar :Mgea�tlierrdtaobieendbad�lps�prl�}alaipeeia/rnbd ID�ir►aad�deea isardq►� aawiNrteewda�d: mIMMMARAMMOM �f f A.Y 41ta�4'�IAt.LY 9bs �laa aa� Ai1tr� ji•Yari, ie oetloey argarMa, arab � daNr�ar. l6ra� aw Jta band � pt art aed � iaAiia ar od►ar iia6sr�adabepd oa I�ialraf'asistte�d d aaayrar aorb+aetaeTaawq►�p+�aala urargFMaegoB�eiarpaurlddid iMlllt�taradle�er. �arlBedll�ra t�pdarrrrme>,aoEat�erq�d� aaratd atpior�leaa�arf�►aNa®araedyrr women 9*A0radAAso irb aslialpeilYArrbl lMroilly *&ado* OOMM a I I Ia osai P"Artalumb4t �ef 1ai61ria� A�af�r �eai�►b.raarDe �r nd 6@eii�aa �otwnaadoeel � C�pupr et piar#a�r dry a�� bAd aaAe a�,M� '9 OL.i Ilrrt trpri+ adM�e 1r�iapRaaO► A6ina Mbpler. argr �wbr Vloa aaAr Vice i4adbrr� aq Awad'INee ph"6 re4 thesM�a�►ar 'AY w►1 gir,eadre�atrdq►or t�eatlar�ya�rl irdradirwM�e[Aiferpg M►aro�tres� ��araraysd� ��1i4�a11�Mi0atireE4�aa�lel�erra[I�►alydl�wc AMadp�itllydla�Mc��1a1A�l9r�ai'�heanlpq#d�11 ling M �elpl.VSd►�Id�ea3 area�mriaiiflersaad16e tat ead eaelaligt�rrsaei4! nrMr►ad �o+xrra�lMmgrri►as" 6i rpop�$e ydiar ao aiilmed�rd is 11r i1�er � ar6erd ro �' MA ad 1N WIIU BtiK ii�►0� OtlaryllWq► d�� 4eapirgr boa •wpd dk af"a hftbMrs e�hed,MmddereFemme aSe dw►&*wbe*Mr!lierrsv:jw er,, _ ►�.., .wil, Nia�i li�ar�ispe�rl�b�aaaed�gr Qsmook Mc 40clolk h�wranae�raadib�eiRallrell�are�'►$edel�rlaiar�roa aad , � �aa>saaaa �ogar�r and iatmr viae Ptnf itnt dMo� twadraa�rl�r woe Ar lasrysrhe5�lVara�e�arn, Wt1Mq►dpradtree�sral�wr�tAuatwlrad�ersadaed adeeeMeri�aoil6n�dmiasmevr�rtr�raota�idetlddd�r r: MI!!la' taa�duararatara� *a.w..r►:�w.grRr►M. i5nraesCoa� iit6aeaY�eMe i MFe�n+rl Anrrrlear oitlq►�a aeeCb O► ..rtierra ,"b &aardrr0% BtMHI.i�arailte�igmdaaLallboadifMaltdd~r�aa+peeb4bbd�rai Tuna .2216 01 t� 3.1 GENERAL DIRECTIONS Proposer(s)'s Quallfications — Responses to the following are to be provided 19CACITY with the Item, paragraph. and secdon numbers shown hereinafter Qualification Information submitted shall be applicable only to the company entity or branch that will perform this work. Proposeds) are required to submit a -complete response to each requested Item that follows. Responses requiring additional space should be Incorporated In to the Proposal as an attachment with reference by Item number as listed in the hollowing sections. &2 PROPOSER(SYS LOCKFION AND RESISMTION Name: Collam I)esISD ando The SbeetAddress: 58STechnool gyps MailingAddress: 585 Tchn l Park Cit, Mg Lake Mam F19rida 32746 Telephone Noa 407.819.221 Fax No: 01829.7258 Erring Address Of Contact Pgnvn; II Ownernhlp Sh"- is the company currently for sale or involved In anytransaction to expand or to be acquired by another bus;entity? If yes, please explain the impact to organimtlon and management efforts. JM2 Aga of Orpnhation- In continuous business since: JanuaVj 20, 1 9M LoWerehip - List Corporate Officers, Principals, Partners or owners of your Organization with title&and addresses. If a pubficaliy held company IietCheirman of the Board, CEO, and Pmslderrt. Brian A, MIsh, Pnujdant and Secrelz TechnologyPark, F 3;746 f=ederal Iden0cotbn No. 59-214388,4 State Oh Inwrpomma i Regishvom No.: Florida & f63841 If note toaratbnr VOW Your atAM M WCOLLACE 3.3 PROPOSERS PERFORMANCE HISTORY 9.3.5 Failure ro Cornpkhft or Default List each project your organization has, on an awarded contract, within the past fbmtelght (48) months defaulted or failed to complete, the reasons w* and any addidonal Informatlon. h= 33.21Jqukhmd On mg in List each project your organization has, on an awarded contract; paid liquidated damages and the reasons why. RM 3.9.3 LqW Actions list all civil and criminal legal actions in which your ore3nizadon Is currently a named party or was a named party or to the pan forty eight (48) months, providing the stelae, case number and disposition for each. Proposer may Include any additional relevant klbmm tion. Since Ind contract defaults tiers and litimitinn of Collage Deal® _& CongEMOon Group. inc.. he U112M Companipj p M 2r, falkma N ONJ. Ulher than resolved Issues That QGQUrin tht guano rx I ;purse of doing busIness. Collage does not favor of any fiorM gf li irogn/arbitration and s� Informal rew1utlon In all discusslons.. 3.9.4 Cl enp Orders For each public project completed within the past fiorty-eight (48) months ILt the name of the public entity the original proposal amount on which the aontraetwasawarded, then number end amount of change orders submitted by Proposer, and the amount by which the iinai project costs payable to Proposer meeded the original Proposal amount ortginal Anwwdaf Number Year P►c A � * Chafe Com et Reason for 011110101-Msedt w dude ) Orden 2015 Abowe Cammunft Pwk $3,9L%W0 $7V1 1 $3,91i!„4.1 Owner leltleted dine 21114 Boyam Harbor MwVs and Fueling Duck ,95 $U509 6 $i.MA M Owner inldoW dmlloe 2015 5emhnalesraaeWimp tkrlldingJ $1,000.000 4121,M 0 Owner hn1W1Pddherse 2015 orlendaAmtrak9tatlom $7„657AW $@gas 1$ $ 74M owner Wmadchow 2015 Nu umvi stabibso m p"00 t $ 070,000 $35QX0. 6 $ZA2QJW Owner lnNiatad change 2M 'taffy ldand Manme 5aardwolk ftm 1 $677,327 Owner inld" change 2015 BWV= Baedh 1AI9kMW W sawn spa sw 5 $34o m owner Infgeted dow 9419 Range outhvech Marian $770,000 $0 0 $770,000 N/A 2K3 WW Park $422,224 $4,200 1 $40AN owner 1UfflW ed ~ 7042 smeimde Soft O fie•e Chiller ft aarmot $111,900 $0 0 $121,900 Owner 1nithebed chow 2019 Spec Moranudwrwomwand ftmaam $3=747 W10D 3 $2.95,000 Ownerinitbtedchange [011 F IIIfdojl� I T�]1 Novi* a anp iete quawlty control progn m whek:h will b www a camp3Pone F d=ment Ww awrsrd q f a construrtlan ph= C.ondwt This phos should addrrss ®fl aqm7M of queMy coWd h *xilnq mspandbift for awrvWm of wok OM1MM Mann documerr4 ae scud r+esoludon of ddkmndft head owlygls and anectlk action and &edbee wldr 6arll t &Wecrora. The concept of quality is not the vague, subjective, somewhat Intangible ideal that most people actually equate with the word. Words like 'high qualW or'satisfactoW do more to confuse than to clarity. Quality Is very specft it is simply to meet or exceed the stated requinernents, to do so the first time and to do so In every situation. oyeran Plan The QuafityControl Plan will clearly define and meet quality requirements throughout all acwties and to actively promote continuous Improvement in every aspect of our business. The Quality Control Plan will clearly define and meet quality requirements throughout aQ activities and to actively promote continuous improvement In every aspect of our business. Our quality objectives areas tallows: To consistently achieve compliance with all contractual and environmental requirements. To actively stimulate and encourage the ongoing motivation of all our personnel to improve the quality of our services. To Implement procedures and provisions throughout the orgenluation consistent with government quality standards as well as our clients. Ta continually evaluate the quality ro enn, seeking further improvements through regular amassment and revletnt Direct control of quality Is by means of written procedures and method statements and the use of inspection/tea approval work sheets. A member of the project team Is appointed as the Protect QC Manager with specific responsiblinles for ensuring the conmo Implementation of the qualty control actMtles to ensure the quality standards are maintained. Control of tate system Is by means of a series of planned and systematic audits and regular surveillance. Collage is 100% committed to Total Quality Assurance for this project. Our goal Is to canpletaly meet or exceed all projectspecdffosttonsand nomplywlth all environmental lm and regulations. We will develop specific Quality Control Plans far this contract, which will address the specific methods and manpower required providing effective quality control. These Quality Control Plans shall 1) define the work that will be done, 2) explain how it should be done, 3) who will perform the works 4) what autharlty will be responsible to Inspect the work and 5) which documents and records must be used to carry out the work. The following ISO 4001 Quality Management Principals will be incorporated Into our plan: Support Cuwllltl Promote the need to meet customer requirements Promote the need to meet regulatory requirements Promote the need to meet statutory requirements Promote the need to most construction requirements Satisfy Your Customers Needs Identify all customer requirements Meet or exceed al I customer requirements Enhance customer satisfaction Control Your qualfty System Clarify responsibilities and authorities Communicate responsibilities and authorities Appoint a Quality Control Manager Ensure internal eommunkation procedures are established Ensure that communication occurs throughout the orpnbzUon Perform tlllanagernerrt Revimn Perform quality audits to evaluate the QC system Examine material confbrmitydata Examine opportunities to Improve Exam[ne fieedbackfrom aistomers Examine corrective and preventive actions Generate actions to Improve the QC srstern Collage operates our Quality Control Program sial the "Phase Inspection" systemslmllartothat outlined by the U. S. Amy Corps of Etnglnwm The Quality Control Manager/ Superintendent performs inspections in three phases: 1. PraparaWV 2. InNal S. Follo"p The Prepaiat4ortr Phase l opecdon is conducted before any actual work begins fior each definable Feature of construction.7h1s phase Includes, but not limited to, the follawirgi: All applicable specifications and contract drawings shall be reviewed. All materials and/or equipment shag be verified as having been tasted, submitted and approved. The work area shall be examined to assure that all required preliminary work has been completed and is in compliance with the contract specifications. It will be verged that provisions are in place to provide the required quality control Inspection and testing necx:ssaryfor each fixture of work. it shall be confirmed, by physical examination, that all material, equipment, and sample work Is on hand and conforms to approved shop drawings and submitted data. Proper storage of all materlaIs and equipment shall also be vedfled. 774 �f !:! • Mrs 71-A-MV44, i Discussion of the appropriate acHvlty hazard analysts, construction tolerances and workmanship standards will be held priorto beginning work. It will be chedaed that the plan for the work to be performed has been accepted by the Contracting Officer. The MUM Phase Inspactfoa will be held at the start of each definable feature of wont and shall achieve the following: The Preparatory phase Inspection meeting minutes will be reviewed. All preliminary work vAl be verified tD fully comply with the contract spedRca ions. Appropriate testing and control inspections shall be reviewed. The level of workmanship required will be restated. The accident prevention plan and activity hazard analysis shall be reviewed. All pertinent differences shall be resolved. The Up Pha= Impeedw consists of daily checks to make certain that all progressing work Is In total compliance with the contract drawings and spedflcatiens. All Inspection checks shall be documented on the next stage of work. Collage is committed to quality control. ifife feel by pmdudngthe highestquality product possible, we not only satisfy our client's requirements, but also generate a safe working environment for our employees. Forthese reasons we insure that everyone participates. W COLLAGE Provide a dmoe sdie is In Gtrrrtt dmrt or Ecelfammrt for compktian of the Pry jiect and d azdhe *fiat teefiniquas are planned to =we that the schedule welfi be met: ProvNe a narrodre des dbfng the Proposers construction wquendng Plan fiar manapft the constrmftn Mveass Is order to pnovlde ongoing patron and rehkallar access to the 8VBLMIP coa m mW madno tenants clod Two Qorpes Restaurant during the period gf'aonstru d= The na nWw should alto Idrntffy mry bmies, concerns or obsb cAM in and around the PmA t sW #fiat will Impact mess as W11 as do means sad methods to be employed by the Proposer as sakdFam ISSUES AND CONCERNS Some of the distinct Imes Include, but are not limited to the fallowing: The pngect site is located In the BBCRA Marina District off of Casa Loma Blvd. The project site is extremely small with limited access. The prof ect site is adjacent to the Two Georges Restaurant. The project site Is adjacent to an active condominium area. The project sire is adjacent to active commercial fishing vessels The project sltree Is adjacent to active marina rant businesses. Staging of material will partially onsite and offsite and will delivered on an as needed basis and/or as approved by the BBCRA.. Construction Parking onsite will be limited to the project superintendents only, all cow parldngwlll be offsite and/or as approved by the BBCRA. There ate existing hardscape Natures sumaundingthe project site which will be protacbed through the duration of the project. Casa Loma Blvd. Is the read to access the project as well as the Tim Georges, Marina, condaminlums and commercial fishing vehicles. Maintenance of Traffic will be provided along with flag men during construction openitions and deliveriess. The project will have some restricted work hours that must be observed due to the operation of existing business and their delivery schedules (typically Mondays and Tuesdap). We are well aware of the sensitivity of the adjacent condominiums, Sea Mist ftshing vessel, commercial charter vessels, marina tenant businesses, Two Georges Restaurant and the visiting public, as well asthetouristtreffic, and yourmmmitted goal of keeping peace withyour neighbors and adjacent businesses. We also committed to share the goal of zero safety Incidents during the entire duration of the project (that Is PrIorily One of ODUAGE'S goals). We would like to discuss these and any other goals or objectives that the Boynton Beach Redevelopment Agency may be trying to achieve and determine a game plan to meet those goals. PI!,AWNY..1, a CONSTRUCTION SEQUENCING PIAN The Construction Sequencing Plan is discussed in further detail in Section 4.5.3, the Cma bullion DaN,ry Nerwan. it includes meeting with BBCRA, adjacent businesses and protect subcontractors to develop a Sibs Utillmdon Plan and to determine the needs of each participant. This process also includes contacting the building department, water utilities department and other utility providers for their input on project access and parking for inspection purposes. prproject commencement, Colage i procure and Install the necessary signags to wnfbrm to Maintenance ol"Ib flc Plan, call for nderground utility location, install fencing, and the pot -hole utilities and establish permanent mariners and as -built codition$. Collage will install the required erosion control, establish a primary delivery area and secondary office and parldng area (to be approved by the BBCRA). Orae the project she is set up and secured (as described above), we will commence with the safe removal and upping of the e*dng utilities, and removal of the existing site fires. All other workimill be scheduled systematically. Due to a very tight site area, we will first Install the seat wall and elevated walkway Once that work is eompift the paving and curb modifications will commence. After completing the cite, paving and curb modification, we will commence to install the foundations / concrete work for the hardsc ape components. Once compleM the concrete sidewalks, curbs and paver bands will be installed. Once all the heavy Civil construction Is complete, the site will be graded to a pre -final contour, and the concrete pavers will be Installed. After complotingthe hardscope and site amenities, the marina loading and drop off roadway will be milled, repaved and new pointed parldng stalls will be painted. Once construction is complete, the marina open space site will be thoroughly cleaning and ready for a final Inspection and certificate of occupancy. During this point in time, demobilization will have started. Simultaneously, our office will be preparing all the dose document binders, Including scheduling with the BBCRA and staff an operation and maintenance training session of all workable components of the open space construction. MEANS, METHODS AND SOLIMONS Our staff has developed a Preliminary Project schedule and has included It In our bld padcage. As you review our Protect Schedules, you cull) see that we are confident that we can complete the project on or before contract completion date. We will provide mare specific schedule Information upon award of Contract. Our methods and means are further discussed In Sectfan 4.5.3, Construction Delivery Narrathre. Collage's methodology includes dearmmmunicatton and accurate documentation. WBARA ■COLLAGE e.1 To*,r= OONMP C MAWJ nM TM/PORWr11C0tl ! cAPoa■n1■ Uf L11m "Itum Pmt■ ELEM l9VPAW 11Y af9 MALL 0011x, It1l■1■■ CMr- PAY= AIM MAVM 19FMP M11 PFAJWrCLLWW OMMMItALCaME" Faa1LCCWRETICM Doom .1odep art .. mmwm adop mmum edip MmiAMa a cbp mmmm ado. MmMnane fades ylon■ o "D Mm mum gap mm 1m m ?dip Itv[ f■ wm 1odlp 1Wdttwo IMP Vbd 111" 19a■fa MMIUMN 841" Emir" 1 ftl Mm wa: �rlmrtecnor 4■■1cw unLrra9 Tick 1almW O �py��entr �nueM e v o■ie7ae�er�lrua so . • ... , Pmanm SMMNMMICWM ■!■lafafUM xwpow f7�1f1W ErdWlfellatmlme H COLLAGE If a PrOIDDR451 R*Wntrmb any mtbn of the PMJW Jbr any rewa y the Pr+Wse►(s) mast state the name and addrew of the tlraewW Subcontractor and the nano of dw perAWS) to be cm*acaedcw do endbwd Aftadw nt 0PSdWdule OtSuhcontrnctors. rhe BBCI I rewirm Me right toaaoeptorrgW myoradlbft wherein aSabcor;bacW1sMrW4 and canter theaward to the PrapmdAL Whq, In the gXrOw of the BWX4 WN be In the best inde ed of andlarmo�stt adN Nagma to the BBQK rhe BBCWl alto teserues the right to ►elect a bid of any ftpaWs) If the bid names a Subrontrta: w who hay: preWou* jiailled in On proper pe*wanus of an awmd arfalled to dethmr contracts of a S WIar nature on time, oris not ih a past b" to periform properly under dds award rhe BKM marrm all rights in order to make a deter Wnadm as to the fanegalrp. AnapoWs)dWLrciudehrdL*P opmalasoMmwntOW(f rlectedtoenterbrtoaConstruction Seromas Cantroct that d0oughout circ term of the Cm drucC they shodl padadb l4ly provide the BBCPA an updated Sst qf od to actors wonting an tine Project Sub tontraebor Salection MLIAsE will Ident1% qualify and solicit proposals of Interest from estabilshed contractors most suited for your particular project. As a national construction manager and general contractor COLLAGE Is uniquely qualified to best determine the capabilities of a construction firm or subcontractingfirm based on: History and Project Experience ,r Financial Ability and Performance Available Project Personnel Project Management Systems In addition to those fundamental requirements we will select a team that understands and commits to the philosophy of budding relationships first and will Facilitate and support the organization's efforts to succeed together. Sub4ontredtor Napdaiion The'Buy lnvs. BuyOte approach tosubcontractorselectlon Is a signature elemerrtofthe CU AGE process. Tfris systemized selection process provides access to savings from subcontractors and vendors that are the right choice for the project (the right sine, experience, reran power and financial stabil". Vire process not only leads to significant savings on the project but bunds and strengthens relationships with subcontractors. M/WBE POW The Collage Companies has a strong record of support for minwfty-owned businesses. We have met or mmeded every minority participation goal at every one of our projects. Our beam fiorthis project has been organized to reflect the W/MBE requirements. We encourage W/MBE firms to bid on our projects through bid solicitation: and notification of local agendes, as well as other public bodies with Instruedora to locate and Inform firms of upcoming projects. The solicitation of M/WBE participants Is an integral part of the pre -construction process at The College Companles. We are committed to the development and use of M/WBE sub-contractom Al, Fh'R� r ` ' a and suppliers on all projects. our standard operating procedures outline M/WBE and affirmative action policies that are followed on our projects. The Collage Companies udllaes a database of the Department of Management Services (DMS) certified M/WBE firms and our own subcontractor listing. The dhrlsion of work represented by each firm sorts this database. The project Is broken down by each division of work and becomes the basis for our marketing to the WWBE communities. Stimulation of interest In construction projects by MVWBE firms means having scopes of work small enough for a small firm to bid and perform on and eliminating some of the Administradw, technical and financial barriers MVME firms typically encounter on projects. In some cases, It miens ercouraging mergers and joint ventures of MVWBE firms with each oOw.. Colla®e's outraech program attempts to communicate to the M/WBE community promptly and consistently. We combine plan review worlshope, educational seminars, bid conferences, and word of mouth in a structured marketing program. The focus Is on providing project information and services to M/WBE communities and receiving Information back from the MVWBE firms. In some Irises, Collage utilizes a formal mentor/pate relationship. The goals of the relationship are to ensure legitimate minority participation In the management of a project and to ensure that a minority firm Berns and receives a share of the proRts arising from the venture. Govemment contracts on which collage exceeded the m/wbe goals Include: orange Cou my Corrections — 200 Bed Facility Dyer Boulevard Regional Park Greater Orlando Aviation Authority Continuing Services Contract University of Centra) Florida Downtown Academic Canter Bethune-Cookman College Bronaan Hall dormitory Florida Department of 11ransportation, Deland District Offices Federal Courthouse Building, Orlando Florida WWa, , WCOLLAGE ATr'ACHmEW nF`t CTORS Propow(a) are to sumit a detailed listing of ems► Subco"ftw KB) par[fGipatioa of any porfian of this project for my reason. Attach additional pages if uec=ary. Project Title: Boyatoa Aarbor Marina, Pbese 1B Marina Open Space & Roadway Impro JUat proict issuance Date: May 179 2016 proppser(s)'Name: GailwDesign and ConstrcctionGroup, inc dbsThe ColiageCompanies NamdA&UuWftomGf 7 Subcontmckw Name: fi� lbat4uvu bqz [a� Phone'. Addmm: Name: Address: C,D rC4 r"e of Work to bel Dotlar Pertnmd I A noun 104i'myo % of TOW 11 J`D Wt awt eI 2v5 s- 0 /D (8())D M car«GE A7TIM "W Farpaapoms off6isa tbetm IW or'bidC bec]WwdwtsemPmpombL in a wow mm wii p'ladda 9la 0 287.089, pn-19, - I I afaail.be givra to bosinasaes cauda dmS-fim wmkplmeaa peog bot it is aat a nqd it to subma bad popoml. Wlamerer turn epi or -1, pmponls, which aro ogiw wm eeop. , i ie paw quoft nd saarvia % sae nod"d"DmW Hmoh Cmmm* >la&mkpament Apm7 ar by my polidasl sdd mdom atto prat num d of aamaaadi m ar amt wmd mrvkm% a bid raodved from a 6adueao 6dandfin dmt h has ieqiemossod a dmg$aa wadopl = p qpm at+mll be $luau pmaa in dee awed pmaem, Emd dWwd pmoeedmee it pamesslug tie bids wM be fidW ad if n= of iba dad vmdau !revs a deeeg4kee mipb m poop= h orderio bare a dcg4ee war olm pamgmp. abu h aa: Pa6iirb a dta ownt mad&kg amploym sink the unlaoavm aasmeR tma, dimn'bet p, diqmmdpg, pom mian or sane of ooubuffed mhs mm is pmbU&d is ft won #hM, and 91451 to a fir dart wail bre tdasm moat ampby+aer darvialakioos of ante psobahkiam. h6m mploym a'boat do doWn of d ne ebme intro wodepb ak do %often' poH" dmdddft a &Ig4m wa &pbm. my available devg aoemsdim sebabWad m and a mployae assbbm paggesms amdfw pmeldw dadnWbe mqxmdvpm amployeas Bar drug ohm vmbbow aho owk emmpbyaa a qua I in p mvWigg do oommaoftss or oamboft i teavim $mfr nee ander Hid a copy a fft datamm apoMadiA m bmcdm (l). im tae swumaat speaMM im smbwdim (11 no* the employ a desk as a aaadidom of wadeigg m dee aommodWm or easfea cad arrow 69 = under bid, dw amploym will abide by ler ions of the midmu ert and well mm* Am ampioyer of my aamividim afar pia of sadly or nafo aaa#m 10 10 to MW vloiadom dChmpm M. oratmW eaatroliad smbafsmao htw aides U and Stdra afA=mm or mW erste bra violation ocaut og bz tae wad�laoe no brtertiaa 5vv (S1 dspa adbu amadt aonvisfdam Eupnea a ssmedam m ar a pft dna m isaeabmy pm$dpmdam in a dmg abuse sadist a ar eehobalilWfm pmgu ma iroxh is amiWds into amplayeals oomemamry by mmy empbW wbo is so aoavidaL Malan a ipod faith cad to oaatim m io mshdi a a daaag->bae wadOmoe OEM, aKdon. As JM pammm andurbod to riga that Olttmmat, I CwdrY chat tris f m castpHO hft mfr prapo }' Slgtlrtm Brian A. Welsh PHM Name Prmldant MIS Juane 22', 2016 Dale DRUG FREE POLICY Purpose and ftal: The Collage Companies Is commtud to pmucdng the safety, health and wdl- being of all employees and other lndhrlduals In ourworkplece. We recognize that alcohol abuse and drug use pose a significant threat to our goals. Mile have established a drug-free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug-free environment. This policy recognises that employee Irwohvement with alcohol and other drugs can be very disruptive, adversely affect the quality of work and performance of employees, pose serious health risks to users and others, and have a negative impact on productivity and morale. This organlzation has no intention of kiterlaring with the private lives of Its entpktyees unless hnroly emerrt with alcohol and other drugs off the job affects job perfarmance or public safety. As a condition of employment, this orgariLmdon requires that employees adhere to a strict policy regarding the use and possession of drugs and alcohol. This organization encourages employees to voluntarily, seek help with drag and alcohol problems. CwjwW Mbrlasm- Any individual who conducts business for the organization, Is applying for a position or Is conducting business on the organization's property Is wvered by our drug4ree workplace poW Our policy Includes, but Is not limited to ewcutive management managers„ supervisors, fulWme employees, part-time employees, off-site employees, contractors and applicants. Appillco f y: our dn*-fine workplace policy Is Intended to applywhenever anyone Is representing or conducting businessfor the organization. Therefore, this policy applies during all working hours, whenever conducting business or representing the organizatiory while on organization property and at companygwnsored events. Proli tad Bohoulor. it Is a violation of our drug-free workplace policy to use, possess, seg, tradei and/or offerfor sale aloohoL Illegal drugs or Intoxicants. Prescription and over-the-counter drugs are not prohibited when taken In standard dosage and/ or according to a physldaWs prescription. Any employee taking prescribed or over-the-counter medications MI be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may kmrrere with safe perfomrance of his/her job. If the use of a medication could compromise the safely of the employee, fellow employees or the public, it is the employee's responsibility to use appropriatae personnel procedures (e$., cal in sick, use leave, request change of duty, notify supervisor, notify company doctor) to avoid unsafe workplace practices. The Illegal or unauthorized use of prescription drugs is prohibited. It is a violation of our drug-free workplace policy to Intentionally misuse and/or abuse prescription medcadons. Approprtataedisdplinery action will be taken ltjob performance deterlordlion and/orotheraccidents occur. NotMartli a of CorrNdlmm Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will taloa appropriate action within 30 days of notificatdom Federal contracting agencies will be notified when appropriate. sewchem Entering the organizations property aonsstitutes consent to searches and ImWctlons. ff an Individual Is suspected of violating the drug4ree workplace polio,, he or she may be asked to submit to a seam orinspecdon at anytime. Searches can be conducted of desks and work stations, vehicles and equipment, and jobsite WHOM Druili'lloetinir.7b diiers- Drtirg7loeting:ib ensuretheaccuraWand faint ofourtesting pragram,all iestingwill beconducted according to DHH*I%AMHSA WAdellnes where applicable and will Include a screening test, a oonfirmation test; the opportunity for a split sample; review by a Medkel Revlaw C fifksr, including the opportunity for employees who test positive to provide a kgltimate medical explanation, such as a physiclan"s prescription, for the positive result% and a documented chain of custody. All drug -testing Information will be maintained In separate confidential records. Foch employee, as a condition of employment, will be required to participate in preemployment;, post-acddenrt end reasonable suspiclon testing upon selec Um or request of management. The substances that will be tested for are amphetamines, cannabinolds, cocaine, opiates, phencyclidine JPCP) and alcohol. Testing forthe presence of alcohol will be conducted by analysis of breath. Testing for the prrase m of the metabolites of dn*s will be conducted by the analysis of urine. Any employee who tests po6ltive will be immediately removed frorn duty, referred to a substance abuse pn*ssional fbr assessment and recommendations, required to pass a ReWm4D-Duty test and sign a liOWM43)- Work Agreement and terminated immediately If he/she tests positive a second time orviolates the Return -to -Work Agreement. An employee will be subject to the some consequences of a positive test If he%she refuses the screening orthe test, adulterates or dButes'the specimen, subsdwtes'the spedmen with that from another person or sends an Imposter, will not sign the required form or refuses to cooperate in the teeing process in such a way that pne+►ents completion of the test. Goouequermm One of the goals of our dnrgfree workplace program is to encourar amploym to voluntarily seek help with alcohol and/or drug problems. if, however, an individual violates the poll% the consequences are serious. in the case of applicants, if he or she violates the drugr4ree workplace policy, the offer of employment can be withdrawn. The applicartt may not rmpply: If an employee violates the policy, he or she will be subject to progressive disciplinary action and may be required to anter rehabilitation. An employee required to enter rehabilitation who fails to successfully compi ice it end/or repeatedlyviolates the policy will be terminated from employment. Nothing in this policy prohibits the employee from being dbclpllned or discharged for other violations and/or performance problems. nwtwn4&4v JAgmwn@nb: FaWMr g a violation of the drug-free workplace policy, an employee may be offered an opportunity to participate In rehablikedon. In such cams the employee must sign and abide by the terms set forth in a Return-to-lAbrk Agreement as a condition of continued employment. Andstem: organia rdon name recognizes that alcohol and drug abuse and addiction are treatable Illnesses. We also realize that early Intervention and support Improve the success of rrehabiiitation. Tb support our employees, our drug-free workplace policy: Encourages employees to seek help If they are eoneemed that they or their family members may have a drag and/or alcohol problem. Encourages employees to utiliae the services of qualified professionals in the community to assess the seriouums of suspected drug or alcohol problems and identify appropriate sources of help. 7restment for alcohollsm and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for ecommended treatment belongs to the emPlayee. CmIderanni a All information received by the organindon through the drug-free workplace program is confidential communication. Access tao tris information is limited tothose who lave a legitimate need to know in compliance with relevant laws and management polldea. Shmsdo, -p, MlW.Asafeard productivedrugLfineworkplaceisachievedthroughcooperation and shared responsibility. Beth employees and management have Important roles to pIW WI employees are required to not reportto work or be subject to duty while their abllltyto perwro job duties is impaired due to on- or off-duty use of alcohol or other dr*s. in addrdon, employees are encouraged to: Be concerned about working Ina safe environment Support fellow worleers 1n seeking help. Use tate Employes Assistance Program. Report dangerous behavlorto their supervhor. It Is the supervisor's responsibility to: Inform employees of the drueree workplace policy. Observe employee performance. Investigate reports of dangerous pmcdoes. Document negative changes and problems In performance. Counsel employees as to e)[Pectied performance Improve=ment Refer employees to the Employee Asslskanee Program. Clearly stale Fuentes of policy violations. Comrraun, -, Ic Communicating our dna-free workplace policy to both aupervisors and employees is critical to our success. To ensure all emplayees are aware of their role In supporting our drug-free workplace program: Al employees will receive a written copy of the policy. The policy will be reviewed in orientatlon sessions with new employees. Posters and brochures w0l be available at all locations OW&RA CICOLLAGE pnWow ) shaHpnn4de co1Am of anV smd afl#awm aerdfib7dow arOMh mlaWpr wd cnWentlals held by the a wWtW mqudhed to compkte the projKt SAW of Florid Det of, fidCMUMMOMAIM WlIIY1iICPOONOt�IiP,INL' r�kqunir+klOoiOOmekrltk4®eal n,.R�.rlmlea�ua.esww,graol � 4mtl.�eke.mmbOrot4r �� testa. iakYrekd6lhq�lt�k4uk.m■t+k OrIBIYnd��rd�sgh l OdwaMtlb OtY r!6 Qega+:lsi�aa diklAKerei>tlw�. ak'bmlmltA* ar ,1 1 t k Y..fp.MY,1.�4 k'�..fu��14�y�YM.�FanW� �D11mM1YR�M��kH!�4 1gr��9MwlPiFw.fnti5./i�6M1m�.wlfMn�iMfwdrR, State of Florida ' 60. ,� IBM � UK CMLAM owkCP tls�amt*�101f. ow ma mRu.6O:aOktrtlsYmslorMrti lm�OrOR�1LO:wdA!lriWo el.wr�ok�iknd�>s.�k.. �!. jO.siRiq�fuakOL�3l�a�°elmO :F.�ofYk �Fomr� VNKWAf � WLM =a L"IMMORM ROAM& CDMWBDNP=TAX muff £, ,�, �►ri+u�[r��myylyyol�aow�en7��ryyiAyyt.a.��ol�,>�AADt yf�wrw�rk�kiq��N� L4jmm AW.NL ZM EMKOL MMM WSW •r�dr+ re1r� 2015 - 2016 CFO der KSW Ball olds se`91�R1� iia Ira. A4917S1S+lM11 LOCM BMPEM TAX J.00AiiO1i: Of6 mwtnmr MIR QOOitladsue emffrwita/m. tMlllpETiRt Fm cwAr 03mm 4r&w tii�.1W SUN la lJR[ FL 7i74t rte# is ap0000eto 71ira+er�e��irr p�rhkyWLherlkr � 77.110 rrRnOOt i .It E coLLAGE k7�lE0N - pOO�ly @kp�trAnO� fru: Allrss�.�ie aw wa. VNKWAf � WLM =a L"IMMORM ROAM& CDMWBDNP=TAX muff £, ,�, �►ri+u�[r��myylyyol�aow�en7��ryyiAyyt.a.��ol�,>�AADt yf�wrw�rk�kiq��N� L4jmm AW.NL ZM EMKOL MMM WSW •r�dr+ re1r� 2015 - 2016 CFO der KSW Ball olds se`91�R1� iia Ira. A4917S1S+lM11 LOCM BMPEM TAX J.00AiiO1i: Of6 mwtnmr MIR QOOitladsue emffrwita/m. tMlllpETiRt Fm cwAr 03mm 4r&w tii�.1W SUN la lJR[ FL 7i74t rte# is ap0000eto 71ira+er�e��irr p�rhkyWLherlkr � 77.110 rrRnOOt i .It E coLLAGE List W WWAMUM-k M&kr om peas dm &Mimce moff alio Am fes) hx the lost flw yew as a bmbwd f m yow kwuranne OPM Daoombw2, 2D1s W Blow" fxpaooalum >= sssTedmckwpo& Ldiobb%FL 33746 iM:z"Wimmmodubdim 8aa4m6 Nblft&"dFf dit L aC IM9NpdmdoAvc6dR= MWmB,FL 32731 pf 1 40M fins F= 074:-105 perms mql Pik yommnatr 10t BqmimwAS"wdianmpdMmdbydw)bbmdCo"=CDNPMmbcnkwmmg% Im oixamd 090 Ol1Ol=5 ON O1/O1M14 027 OIMM13 om OUO M12 CA Wo Wbm yaa d aee of ow bot onmkmdm 0000 ,a ml look lm ad l o gw omdnmd INI,ee*4 zvimwpnwddowt -•j *R1 r • SAFETY The Collage Companies Team is committed to the continuous improvement of workplace safety. We recognize and adopt requirements and policies as our own In addition to our established practices. The Team will work closely with the Boynton Beach CRA in the areas of safkV and commissioning. The Collage Companies Experience ModMcadon Raft hL. 2012: 88 2013:85 2014:87 2015:89 2016:90 To ensure that our sites are the safest workplace possible, we have implemented a site speclflc safety management system. Additionally we will employ the Services of a Safety Consultant to act as a Pear Review 'third party" Expert to assure safety management and control. This system consists of the follaNingtasks performed on a daily basis, ouronstte safety managers will: L Provide Orientation training to dally staff visitor, and contractors 2. Develop and coordinate Safe Plan of Action (SFA's) for all tasks and construction phases. 3. Provide bale services. 4. Develop site specific weekly safety meetings and manage the Communication of those meetings. 5. Conduct daily formal (documented) lnspec tlons of the entire site. 6. Maintain Incident statlsdcs and Wep all saFetyy related records. 7. Provide third party Incident Investigation services for onske Inddents including noninjury events. B. Coordinate and document corrective action of each hazard Identifled with the responsible contractors. 9. Reksse Important safety bulletins to all staff on an as needed basis. 10. Manage the Haz am program including maintaining and updating the MSDS Inventory of all subcontractors. 1i. Manage the Safety Observation Reporting System and collecVWbulate ail observation data. In addition to the daily inspections, we have a plan In place to provide for a detailed `Mock OSHA" inspection on a monthly basis. This inspection will be conducted by a safety prormlonal who does not work on this site. This will provide an outside set of eyes to help identify latent hazards and to keep all staff and contractors diligent about safety. A ddMonal SdoW Reiaingr We will also often the following dassroorn training to our staff and sub -contractors as well as the required Safety Classes. 1. Two OSHA l0 -hour classes (max iS people per session) 2. Two luiVulehandlcr operator courses (max 15 people per session) 3. Two fall protection classes (max 15 people per sesslon) 4. Two respirator dosses with fit testing (max 15 people per session) 5. Two fist akdladult CPit/AED classes ( max 15 people per session) MWARA M COLLAGE Overt safer Standards Prior to moblllzwdon, our safety control manager and the site superintendent shall cooperathrdlY develop a site spediic safety plan fnr each location and shell submit the plan to the program manager, This plan shall at a minimum IrWkWa: Evacuation Rally Points Contractor Parkins Potable WaterSouroes Destro ted Smoking Area MSD441AZ QM fielder locations AED locations Emergency contacts UM Materw lay down areas (if applicable) Fire Extinguisher Locations Waste Receptacle U)cwons (if applicable) Where hazardous waste operations exist, the plan must have a speclflc Health and Safety Plan (HSP) equal to or ameeding the program managers HSP for the hazardous work Involving the hazardous item. Visitors All visitors must sign In at the trailer and the sign In list must be kept In dears, working order for the We of the project. At the end of the project, a copy of this list shall be flied with the record documents In the Collage office. Any visitors not having gone through the safety tralMng and received a Collage identiftatlon number shal I receive a brief "saf* minute arierea ion" by the wsoorting party. Visitors must be escorted at all times by a edged employee. SPA, T'S& and SOP SP - Pdorio each task, all craws shall complete a "safe Plan ofAddW report and shall we every member of the crew partidpate in the creation of the plan and sign the document. The Collage superintendent shall, during the course of the morning walk around, raviewthe plash and sign the plan prior to the crew work starting. SPA`s shall be turned in to the HSE trailer on a daily basis. T11A— Each morning and at whenever a task presents a change, all personnel shall attend a `Task Safety Awareness' meeting to discuss the SPA and resolve any HSE Issues. These meetings can take from two to ten minutes. SOR—The Collage Superintendent shall generate a written' Svfety Observation Report" and tum them into the Program Manager at least weeldK Acopy of all SOR`s mat be lo8ged and Mptwtth the Collage HSE. The SOR shall record all observed proper and Improper HSE practices, identify the cause, and the Corrective action. On4fts 5ef+ "Training All employees must complete training as required and any additional Federal HSE mandates as nqulna& i)ocumentatbn of said training shall e rreedingmpt on �inl al �aorrtlnulDrrg safety training. conduct a safety training session for any personnel All personnel onsite must have attended this meeting prior to performing arywork. A brieFexam wlil be gl an to all persons in the training and, upon a successful passing grade, shall receive a MLLAGE Identification number (ex. COI2356). This number shag be indicated on each workers hard hat and shall not be removed at any time during the course of the project. A list of all OOLLAGE identification numbers and their corresponding personnel shall be maintained at all times and available onalte. Certlficadon All workers involved in hazardous waste operations shall have met, prior to arty field work or exposure, thetmining requirements as indicated byOSHA 29 CFRstandard 1911].120. Certification of Individual workers shall be given to Collage and the recordsn on -track equipment. m2intalried by our safty control manager. All workers must have certification to open nff sd�or lifts. etc. is Includes but Is not limited to fiorkilfl5s, cranes, a�ial/boom hits, buses, go C80% Mobile crane manage; sch as the ((NN�) National Commissio thetestingand qualification pCwtifitati n of Crane recognized b11 pr'aBm Operators. Permits Certain activitfes may require a separate permit from Collage. Such activities may Include but is not limited to, foutingthe track, hat work, conflrred space entry, eoeavations, and asbestos or lead abatement. Some actIVOW require additional permtts from the state or local authoritles such as excavations, asbesim/lead abatement air, water, hamrdous waste, etc. It Is the responsibility of each contractor to ensure that a copy of each permit is filed with the Collage FX officer prior to any work starting. Inspections Power Txb and arty corded mom —AU power corded items and tools on site shall be Inspected monthly and prior to use. The item shad then be marked with the appropriate monthly color coding. Any equipment not property marked shall be promptly placed out of Commission by Collage. Mobile Equip swat — All mobile equipment shal l receive dally pre -use i di sft hall documented on the machine. Examples Indude forldlft ,, baddwM personnel n Smftdbrg—All scaffolding shall be Inspected and tgod by a eompatoent person prior to initial use, before each work shift; and after any event that could affect its integrity. Unbq ged scaffolds shall not be used. Cranes A third party certified oompetant person shall malme a thorough annual inspection of all cram and powered hoisting equipment in accordance with OSHA requirements. Cranes assembled onsite shall receive an inspection prior ba being used. Documentation shall be provided to program manager and kept in Collage records. PW � • L4M1= i Drugp, Alcohol, and Contraband A drug and alcohol program shall be in effect requiring drug and alcohol testing be performed on all worhars at pre-assignment/pre-access, reasonable suspidom periodic and posl~inddeM except where prohibited by law All sub -contractors shall maintain and update an accurate lWngof all personswho havesubrrrltted to drug saneening and make such documentation awallable to Collage and to Program Managers upon request'This listing shag not include personal information prohibited by law. HSE Adhaorence Policy To coifed HSE compliance problems, Collage shall adopt the `thre~ progresshrely administered system. Ac fon Lewes ono — if a subcontractor fails to comply with an applicable HSE standard, Collage shall Issue a written "notice of non-compliance to the contractor along with a "warming letter': Acdon Level Tyro —1f Items of non-compliance are not eometted by lection feel One, or if tfte worlaer or contractor continues to not follow the HSE policy, a "Wrftten Notice of TemporaryJob Suspenslorf shag be issued and work may not continue until the Issues haus been deemed compliant by Collage and the program manager. Adan Le 11 Three — If action levels one and two do not n wA in the contractor or warier being brought into compliance, progress payments may be held or contract termination may result. �3 A W COLLAGE CER71FICATE OF LIABILITY INSUIRANCE 9�"� , ►k6fd01B TNIO CEBTIFURM If MiBUED AD A MTM OP NIPON MnX ONLY AM CONPE- No RID m UPON Tm ORWRIMRTfl NOL ML TIED OWMMCATE WO NOT AIPIMUTMLY OR MAMMY AIIPiPEI, WIIIND OR AW®[ TO OOYWAA A> Eo W TIS PQUCW ttEt011ll %a CERTIFICATE op WWMNiE* WN NOT OONirMnil A CONTRACT MNIMPSMI TN! 16lilM INBIRNIM, AUTWORIM REPROINWATIVIOR PROOI10i;rR AND TM 009 WAT@ HOI.MIL MIIPORTANT: N dm wIm.. fa hoMw b ■n AOO n=AL UPAMA fd. pollm/1hm1 and 1 O *ndgwd lLP1�AT10N s M1AIY�� ■ngMat to !I■ face ■Rd ■afMk= Pith■ WBW/, A WUW Fob may ■n aWbMW+■■L A, ■hf niM m fhb ■■ddRmte dei■ nit oo■irr Aohb to th■ "ewers Nuli1le L aft of Fiollda. LLC I= 11, OrWmb AvaTkue Uelll" FL 827111 fmlmde COLL.AGEOES 28%p GdauA� Ira LWdm �74B COYlEtA` Tl �fi 7p CRZTSPY T PKI 7 E PoLr." OF a LW= E Nam .4. TWIN ANY REWROMMr. 70114 OR C DMIRMA EOUJ a� AW t to s of eucOR MAm 'TML! PWITAWNn e 77fesPa7keksw� A X ■■l■Caft..kvRg�ALk!!1■m Y Y 0L3kHetMXM FL OkAtwiNlYfl j ODIIIR ago" ofLJLou OT18! AUSaMG UMZM Vi Y QI11a?P.i411r0i X AWALRO x HMALR= x AIfIO■ e z kewa+aUmIL r Y maII wi mz efaE■ Lm bm AAid— it ti r wC1s8 t7 Awn N MIA �I[CMfM"efa1A11vif11Y01n1711lsIYMIfl0iJ1A IIkR011016LAi�� ioiawlrm oaitarr I�pMIilGfl: eridlbr efidareenxrlle 1b1n1 pall f 4 h anptes offt POW PWNM (iMiwW Llebft' UUmkdW�o�p �� Pm �d Muefte, Auto � WW Llamlllgran addwml nW89 •WORDANYOPTNWA1dYROkieIMe6AP0L D IMGRMUJM0lP Mk! T71fBeedf OOfm■ * Redevelop mg tAp� 7w II onAl" OLM TNlAR>7P, Wo'"c'E wee ez oRUY wm IN ?WlSRedl� A06ORIlANNWITIiTIMPOLIC IP — 07ee1114m $OND CORPORATION. As f m r■wf■d. ACORd lP;�olAlle q vw AOO11D fkaffk■ mm hap = rogt oed fnnhe efA0= WLLAE The Collap Companies shall agree to commence work within ten (10) calendar days of the Commencement Date as Indicated In the written "Notice to Proceed' pr Aded by the BBO& and achieve Substantial Completion without Interruption as per contract O 1. Irarrw and location: INTERMODAL TRANSPORTATION CENTER Kbdr wdm, Florida R Type and viae: 16D,000 Sr, 400 car parking lot IN. Fkn'Ir nevponviMW. Constnrctlon Manager hR Owar's mp uw tat m Florida Department of Transportation, District 05, Deland, Florida 719 S. Woodland Blvd, Deland, FL 32720, 13SO 275-5509 Tammle Andrews, Prgect Manager, Orlando Construction (407 482-784, tarornle.andmws@dot.stat JI -us x Date of oornpladlon: December 2016 yl, 5oape Of PI GIND Construction is underway on the new FDO7 (Florida Department of Tmnsportirtion) parking garage that will serosa the Kissimmee intermodal Transpatation Comber. This four story, IWAOD SF, 400 -car fadlity will protide parldr>g for transit riders of SunRall cornrnutartrains and U/nx buses, patrons oFAmtmk and Greyhound, and visibans to the Kissimmee Civic Ourter and KWWmmes Lalrefraont Park Located on a very tight skm underneath power lines and acoacent to an active railroad corridor and the Kissimmee Chic Center, this safet"dtital project requires detailed coordination and strategic phasing. rip. prone alabw hL Project Tisane $9,947AM Under construaetlon project Faaecubw Brian Walsh; Pre-ConsMdion: Steve Plnpt; Operations Manager: Rob Maphis; Project Manager. Mark Newman; Project Superintendent: Tom Brurnfield; Pre -Construction Engineer: mft KokkDwsld; Contract Administration: Dawn Sellae E COLLAGE L Name tad k=t1on: BOYNTiON HARBOR MARINA HARBOR MASTER'S BUILDING AND FUEL DOCK Boynban Beady Rarlde 1. TVp and ohm New Construction; x.,500 SF (Harbor Master's Building) il. 1 mtponalbli ty: Construction Manager iL Oma re pwaerInOwt: Mr, Michael Slnw% Boynton Beach Community Redevelopment Agency, 710 N. Federal Hwy, Boynton Beach, Florida 33435, (5611 wM091, Simon11AflobbMus Daft of cornplailom: February 2015 VL Scope of pro)ect: This project oonsisted of the construction of a permanent Harbor Masten: Bullding & Fuel Dods Site impra ementa with a marina operations office and ship store, along with public resbaxns. The project also included a marina fuel dock facility, landscaping and hardscape features to enhance the publics waterfront experience. vi. Car atrudIon cam $974,545 vii. Present et Cornpletad br. Project IMM Project Executive: Brian Walsh; Pre -Construction: Sntmne Pkgot; operations Manager: Rob Maphis; Project Mnna,tr: David =Mnd■dr, Project Superintendent: Tom Brumfield; Contract Administration: Dawn Mae WLLE R r -- A } L Name and location: TORRY VIAND MARINA BOARDWALK Belle We" Ronda IL Two and dm-. Renovation HL Fin* naponsi6gkyr. Construction Manager M owmr%rapramadve: City of Belie Slade, IM Dr. Martin Luther Kang Jr. Blvd., West Belle Glade, FL 33430-3900, Maroon Monte% p(561)992-2216, V. Dame of Wm pl *jx May 2035 A. scope of Ps of W The only inhabited island on Lake Okeechobee, Torry island offers fthing, walking, biking, camping, and wlidilk viewing. The marina boardwalk and shoreline improvernent project will Increase public access and crests eco, marine, and heritage tourism opportunities for the City of Belle Glade. Coltga constructed a new marine boardwalk and performed shoreline Improvements. Work Included dearinL grubbing and asphalt removal, demolition of existing boardwalk, dock and seawalk, shoreline stabilization; driving concrete piles; forming and pouring beats and concrete walls and curbs, and constructing floating dock, gangway, new boardwalk, handrails and decking. will. Construction coat: $586,634 VILPnaantstifflim Canpleted tL PTDJW "M: Project Executive: Brian Walshy Pre -Construction: Steve pinyot; Operations Manager: Rob MapNs; Project Manager. DrAd TrIndade; Contract Administration: Dawn Be+ske QW&e A ECOLLAGE L Non* and bsatbn: NGRTHEND STABIUZATIQN Lon&oat Key, Florida Ill. Type and alm New Construction IL Fb m% neaponsibI ft. Construction Manager hr. Owmes reprae mbdhv., Dave Bullock, lhwn Manager, Town of Longboat Kew 501 Bay Isles Rd, Longboat Key, FL 34228, 941,316.1999 /Juan J. Flvrensa, Public Works Director, 600 General Harris St e. Data of cw*h tion: June 2015 vl. sewn of projeft The Collage Companies was recently awarded the construction of the new North End Stabilisation Project for the Town of Longboat Key, Florida. The Town has experienced signiflcent erosion of the north shote over the past years and this project will udLm two permeable adjustable groins to control the beach erosion. This is only the second application of this design (which Incorporates steel piling, geotextile fabric, foundation stone and the placement of pmfabrtcated concrete groins (stacked on top of each other) over the driven piles) in the state of Florida. The grolm am constructed In place and they are designed to either add or remove precast concrete groin members depending on the performance of the jettw Collage will install the system by creating a temporary platform adjacent to the new structure utilizing sheet piling and sand. Cw struetion Is scheduled to start on November 1, 20U. All work will be constructed in complete compliance with all terms and conditions requite by the Florlde Department of Environmental Prvtactlon (FDEP) and the U.S. Army Corps (USACE) Permits.. will. Onstrudion cost: W7O,OOO YM. Present sbftc Completed bL Pr+ojeRUsm: Project Executive: Brian Walsh; Pre-Construction: Steve PIFTM Project Manager. Edgar Torres; Contract Adrnlnistraiion: Dawn Berke A W&R H COLLAGE L Nance and location: AMTRAK RWIGN RENOVATIONS, OftW% FIDMI & Type and she: Renovadon; 3.7,5©0 SF ill. Fiim h reepormlbar. Construction Manager M owrair r p1mentatim Florida Department of Transportation, District 05, 719 S. Woodland Blvd, Deland, FL 32720. John Tyler, Distr O Construction Engineer (3SQ 943.5.340, john.tylergfdot.statefLus IL pate of oorrrpletion: May 2015 V11. Scope Of projew This historic restoration project met Qty of Orlando historic prasw&mn standards as well as FDai vertical conSh=tlan requirements. in addition the roof domes, stucco arcade, and platforms are restored to their original look -- all the while adding ADA a=%dblllty. The entire HVAC aystern was relocated to the second now — allowing for a restored entrance on the north end of the building. Other work included electrical, plumbing and sRe Improvements including new planters around the perlmetar of the building. A salatY-sulcal project, this renovation required high coordinatlon and strategic phasing in aider to minlmlm disruption of passenger movement. Awards included the foikrwirg: ABC Excellence In Construction Award of Merit;, 2015; City of Orlando Historic Preservation Award, Outstanding Commercial Project 2015; Downtown Orlando. Partnership Golden Brick Award, 2016; Florida Trust Award for Historic Preservation Outstanding Achieament in Restoratlon i Rehabilitation, 2016 vii. ConsWuWon ooatr $8.947.!X)0 VE. Present statue: Completed bL hojeaImm: Project Executive: Brian Walsh; Pre -Construction: Steve Pinyon Project Manager. Mark Newman; Project Superintendent: Barry Deemer; Pre -Construction Engineer. Keith Kdakoa W; Contract Administrailion: Dawn Beebe ECOLLAGE 4"% 1. Name and kwdon: ABACOA COMMUNITY PARK Orlando, Florida N. Type and shoe: New construction; sltewOk 15 acres III. Fhm% respomllb h r. Design Build hL &MMer popmotadve: ibwn of Jup'rber, 210 Mtllmry Ttatl, Jupiter, Florida 33458 Tom Driscoll, PE (561) 741-2215 V. M0 rd CMV -0n May 2015 A Scope of project: This 15 acre expansion to an existing park includes 4 athletic fields, parking, a community building, concessions, restrooms, Bermuda *rdWay 419 Certii'ied sod, 3o,ow cubic yards of Imported, clean fill, and Musco (green) sports I%Mn& vs. Cwatruction cost: $4,10 10W rill. Present sdtus. cornpleted bL ProjectUem. Project ExecuM: Brian Mish; Pre-Cmdru tion: Steve Plnyot; Project Manager. DOW Tdndmk,- Project Superintendent 7bm BrnndW; Pre -Construction Engineer. Keith Kolakowski; Contract Adminls-MMon: Dawn Beske 4 L Nana and location: SPEC MARTIN STADIUM LOCKER ROOM AND PRESS BOX Deland, Flodda R. 7ypa and de: Recreation; new construction and renovation HL Flmw% rampo:asi OW. Design Build; Construction Management he Oweeesrepreser adm Flty of DeLand, 1102 S. Garfield Ave. Deland, Florida 32724 Contact: KKelth Rigor PE. (386) 626-7197 V. Data of mmplstl m I August 2013 A. Scope of prgjart; This project was funded by multiple sources and grams which required detailed accounting for pay requisitions. This project Included a new multi -story pressb®r, lodaer rooms and extensive skework Improvements at the existing Spec Martin Stediurrr. Work Included a new roadway sysbem through the stadium grounds as weg as a new parking lot: An aftnsive retaining wail system was installed along with a lush landscaping package. This project received Outstanding Public/Private Partnership Award from Florida Planning and Zoning Association. v8. Gonstr+ueWn Cort: $7,985,000 vBi.Preswrtatetua: Completed br. PrajerrtTbarn: Project Executive. Brian Waish; Pre-Consknmdon: Steve Pinyot; Projm MarwW. DavW Trindade; Contract Administration: Dawn aICOLLA6E I. Nwo and logon: APOPKA NORTHWEST RECREATION COMPLEX AQUIFER RECHARGE STORAGE, PHASE i lilsdnwwe, Fbrlds U. 7"m and she: 5ltewodr, 192 acres III. Mmes rospsansl kr. Constructlon Manager hr. owner's ropmsmftdm Ken Galion, City of Apopiw, 748 E. Cleveland St, Apopka, FL 32703 (407) 703-173% kptl3on@apWh.net v` Date of compledon. 2016 rl. stx m of project: Cleadre es cordon, lining of pond, utilities and paving. rll. Gonstrucgon cont. $:L587,000 will. Prosentstats.s: Under construction br. Project Team: ProJect Emotive: Brian Wals]; Pre-Cons.krucdon: Steve PlnM Contract AdminisbWon: Down Berke :•1AIR . 11 14 111FIC1 2 �A°MC �'R A MAI ww wr is I LAGE F.npinoer , —=-n* Ram af�c� �** Thames ■ member�a haws vice Pmoldmt of The Cdlege co npanim y � Pre -F I udon Pr*d Manager/ Pm ed Em" an peft pF*a :I ThmiM 004b r as members hmve DrAd Trinft Kurth Kolar r Tom Sutlers, MEA waked whhBW" Bmah ]ao t CRk. Tom BrumfiddDawn Beelm l�rra Stephens FWJW SU,� r rlar�am"W&d LOCAL Pre -Qualified Team of Sub-Gonftubrm and Supplers sslecied icor this Project Based on Past Perliarmance, Available Manpower, Location end Experience an Similar Projects 7-10m,050i"um 100 Probed Bracutive Brian A. Walshh, Mr. Walsh will be the leader oftha contractual relationship with the Boynton Beach CRA Doi% Lao AP ow and will be the single source of responsiblllty forthe teerKs performance and total dlem: Percentage of Time - Pre-Corrstrucdon: t09fa; Canstruetlon:1W6 Pre -Construction stave Plnyot Mr Pinyot will handle all pre-constructionimnstruction services and will stay involved In fire probed from dart to completion. He will assure that the project remains on budget and mftdule through all of corsbuctlon and final aompletton/doseout Percentage of Time - Pre Construction: 15%; ConstnXtion:19% Project Manager David Trinclade Mr. Tdndade vdll handle all on-site activities on a daily basis to include saiet% quality corroml and subwreacdor performance, scheduling and adherence to pians At Percentage of Time - Pre -Construction. 10096, Construction: 100% Fledd Tom Brumfield Mr. Brumfield will handle all on -side ankles on a dally basis to include safety Strpedritendent quality control and subcontrectar pedwrnaw, scheduling and adherence to plans & specifications. Percentage ofTime- Pre -Construction: Ift C>:I LgMmMon:10096 Project Engineer Reith Kolatrorusi i Mr. Kdakmdd will assist during all pre-wristrudlon and construction activities. During pre- canstructlory Keith will mist in the pr+equallfloom of subcontiaetors and the solotation of bids to develop ftam . oaring construe Tory Keith win assetthe Project Manager with the duties of shop drawing We% shdheduling; permrttmg and overall supervision Pe- nip mags ofTime - Pre -Construction, 2096, Construction: 10% Cionstructlon Dawn Beebe Ms Beslie is the construction adminiatratorand handles all procewrigof contracts, purchase Administrator orders and prepct documentation lnduding 5ubmI tah6 RFI%SafelyControl and Reporting PemantageofTime- Prue-GonsWctiarror,Construction: 25% Document Diane Stephens Mrs. Stephens will assist Ms. Bella to ensure all documents are properly orprtized and Control Prosed Percentage of Time - Pre -Construction: 0% Constructlan: 25% Project Tara sanders Mrs Sanders wlit serve as the amuntant on this proJect. Accountant age of Time - Pre -Construction: A Construction 20% • BRIAN A. WALSH President and CEO, The Coila®e Companies Brian is President and CEO of The Collage and has been assigned to the pruilect as Pre ject Executive. He vWll be involved at every suo of the pmje, from protonstrucaon and design analysk through construction. Brian will work dos* with David Thndade {Protect MenapK VHS, BBCRA, and the entire team. to ensure that all of the Bopftn Harbor Manna Open Space and Roadway project goals are achieved Below is a sampling of some of Brian's relevant and varied project experience. Lynx Central Station General Contractor; Government $19.0M Project Executive Lym Operations Facilities CM at Risk/Design Build; Govemment $19.7M Project Executive University of North Florida Fine Arts Bldg General Contractor; Educaton $18.2 M Project Executwe AmtrakStations General Contractor; Government $9.3M Project Execuisve Abacoa CommuniW Park, Jupiter Competitive Bid / Design Build $3.9 M Pro ect 6cecutive Seminole County.luverdleJustim Center Design Build; Government $4.2 M Project eve l ialpatiokee Regional Park, ilortin County Competitive Bid / General Contracting $7.9 M Project Manager Bow ton Harbor Marine, Boynton Bch Competitive Bid/ General Contracting $1.2 M Project Emwitive *Lynx Central Station was $36 M with ODP; Lynx Operataons Facildies were $27.3 M after Owner Directed Purchases. EducWon Active Registrations J Ucenses / Carlfflt'dons University of Miami, BArch Florida Certified General Contractor, CGCO20818 USGBC LEER AP BDA US Green Building Council (ID No. ]D Wa%) DBIA Design Build Profe>monal. Charter member of DBUA 2003 Other Experience Directed the activities of The Collage Companies, on iritegraed serve / construction management firm providing Construction Management, Design Build and General Contractor services for 34 vears • Extensive expenance as a general contractor for transportation and government projects Multiple LEER" certified prgects. ■ Previous experience with design management and int nOW team projects • Serves on boards of numerous civic organizations E STEPHEN PINYOT Senior dice President, The Collage Companies Steve s Senior Vice Precedent of The Collage Companies and has been assigned to the projact as Pnncipal. Steve will be involved at every stage of the Project, from piew striation and design analyse through construction and will work closely with Dmd Thndade (Pmject Manager) and the entire team to ens ur9ethat all of 1315=sgoals are adwmd. Below is a sampling of some aFSteve's relevant and vaned project wwhence. U4 hian4 A Church Distributed CM at Risk(Design Build; Non -Profit $4044 Principal in Central Station General Contractor; Government $19.0M+ Principal in Operations Facilities CM at Nsk/Design Budd; Government $19.7M* Principal in University of North Florida CM at Ris • Education $19.81VI Principal in aerge Halpadokee Regional Park Martin County Competitive Bid f General Contracting $7.9 M Pnncipal in Charge Abacoe CDmmunfty Park, Jupiter Com etiUve Bid / Design Build $3.9 M Principal in Cha!le Boynton Harbor Manna, Baynton kh Compettilve Bid / General Contracting $L2 M Principal in Cha e Spec Martin Stadium, Deland Competitw Bid / Design Build $3.1 M Principal in Charge ;tynu Centml Station was $36 M with ODP,` operations Faulitres were $27.3 M after Owner Directed Purchases, Eclucsitfion Acme Reesuzdans / Incenses / CertfHceflons University of Pittsburgh, B -S. Florida Certrfied General Contractor, CD46469 CPA F pnetnng OSHA Safety Certification Asoadway Protection Tiairo g (Amtrak and CSX) FDOT(MOT) Maintenance of TmfficTmining Other EVerience • DirectedprecormiructioneRbrtsforover$250million in projects, usually saving diem thousands of dollars through savvy value engineering. • Over thirty years of experience directing general contracting and construction management proletts. • Extensive experience sow coordinabng construction activities 4 DAVID TRINCADIE Senior Proled Mang, The Collap Companies As a Project Manager, David Thndade will be the primary point of contact during the consuxicdon phase and will be responsible fior awarding subcontracts and purchase orders. preparing the initial project schedule, maintaining cask centrals systems (financial reports), scheduling weekly Owner meetings, and managing the overall operations of the Prgect Below is a sampling of some of Devil's varied project experience. Boynton Harbor Marina,Titan Bch CornEgtve Bid / General CDntractim $1.2 M Protect Manager Welcome Sign, Boynton Bch Competitive Bid /General Contracting $243,472 Project Manager Abaeoa Community Park, Jupiter Com Bid / Diss Build $3.9 M Project Manager Spec Martin Stadium, Dat.and Com ve Bid /Design Build $3.1 M Projeck Manager St Mary's Cancer Rsrch Ctr, WPalm Bch CDmpebtive Bad /General Contracting $4S M Project: Mani r Palm Tran Admin & Bus Maintenance Facility, Palm Beach County Competitive Bid / General Contracting $9.9 M Project Manager Royal Palm Beach Ubrary, Royal Palm Beach Competitive Bid /General Contracting $2.1 M Project Manager Halpatiokee Regional Party Martin County Competitive Bid / General Contracting $7.9 M Project Manager Amtrak, Station, Okeechobee Competitive Bid / General Contracting $1.2 M Project Manager EducWon Acdwe Registradons / Ucervim / Certifications Palm Beach Community College General Contractor: CSCO24904 OSHA Certification Roadway Protection Training FDOT (MOT) Maintenance ofTraffic Training Other Experience 32 years management experience m the ooristruction industry, primarily in South Flonds • iExtenswe expenenaa with design n budget estimating, IrN-gide cost analysis, eonstructian scheduling, quality eontrrob cost control change order negotiation, claims managemeriL dis tnbutm of infionnatian, acaountabil tw direr materials punirase and managernerrt, project close-out and transition planning • Resides in North Palm Beach ,4 BCOLLAGE TDM BRUMFIELD ProyeGt Superintendent, The Collap Compenles As a Pmpa SupenntandeM Tdrn Brumfield will handle all on-site acmties an a daily basis to indude sahi% quality control and subcontractor perinrmance, scheduling and adherence to plans and specifications. Below is a sampling of same of Tom`s vanW project experience. Welcome Sion, Boynton Bch Abacoa Community Party Jup_lhE LYNX Operations Center Amtrak Auto Train Station Orangewood Christian Schon! Viera Regional Park MCAssembly Palm Bev, Flonda Competatwe Bid / General Contracting$243,472 I Competitive Bid / DesiE Budd $3.9 M I CM at Risk, Das n Bu lid; Government "$7.9.7 M I General Contractor, Government $3.0M I CM at Risk, Desion Build; Education $15.0M I General Contractor $94 M General Contractor $7.5 M I Lynx Operations Facilities were $27.3 M aRerOamer Directed Purchases. /Actlae RnBtWWWons / Licenses / Certlf!Wdons General Contractor. OSHA CeMcadan Roadway Protection Ttauang FD(YrIMM Maintenance dTraffrcTmnrng Other fterlence • 34 years congructron management expenence. Has worked in and observed every aspect of the Industry, :hands-on' throughout Florida, Midugan, Washington, New Jersey, and Teas • B years with The Collage Companies • Started work as a mason at age 13 and progressed to journeyman by agr 20, and than warm r end general manager. • Has superrnsed propcts rangcngfro m $2 to $30 million. rnf, G MEME- -era~ I(E rN KOLAII[omw Project ftneer, The Collage Companies Keith Kolakowsld will assist dunng all pwwnstrucbon and constnwbon actrwttes. Dunng pre-aoriianuctim, Keith will assist to the prequal6Gabon of subcontractors and the sobatebon of bids to develop the GMP. Dunng construction, Keith will amt the Project Managermth the duties of shop drawing revue% scheduling, permrmng. ; Below is a sampling of some of Kerth's relevant and vaned project expenence. � I r•rw5 Hudson River Park Project Government $17.13M Intern Holland Park improvements Government $5.CM EW mwDr Inten witional Drive Pedestnan Govemment $11.0M Estimator Bridge, orfando Ivy Hwm Charter School Education �3.9M Project Engineer Amtrak Station Renovation CM at Risk; Government $L7M Project Engineer Welcome SigM Boynton Bch Competitive Hid / General Contracting $243,472 Project sneer Abacoa Community PadJupiter Competitive Bid / [design Build $3.9 M Project Engineer Seminole State College Building Y CM at Risk; Education I SUM I Project Engineer Education A+cHve Registrations / Ucenses / Ce tiftedons Bucknell Unhmmity, B.S. Pursuing licensing Civil and Errvironrnental Engineenng Other Experience • Assistant to Cnnstrudw and Dow Group at Budareil Unwaty • presented "Award of Disbncbore by Bucknell Unrararby in 2WO for exemplifying the qualrtras of the CMI Engineenng profearsron, including inbegft honor, and serwae. ■ Expenence in the construction industry roams from hands-on construcb m management to pre - construction and estimating Led entrepreneunal community programs including school volunteer programs and employability training pnwams • Expenerm wrth documenting caraMrcdon progress, performing on-site safety check:, rand site ernnronmental rnanagament system plans MkhL am DAWN BESKE Contmet Administrator, The Collage Companies Dawn Beslaewill providethe necessaryassaCancetothe projectstaffof completing reports, preparing minutes to meabrgR updating logs (hop drawings and RFPs) and so on. She plays a Iny role in seeing that all of the project information is entered into our "Pragect Management System! This system is a corporate wide "custom" project management system which pnmenly provides document control Below is a sampling of some of Dawn's relevent and waned project expenence. Northland, A Church Distributed CM at Risk/Desi Build; Non -Profit $4o.OM Contract Administrator orangewood Christian High School CM at Risk/Desfgn Build; Non -Profit $15 -OM Contract Administrator Amtrak Stations CM at Risk/DB/GC; Government $81M Contact Administrator Spec Martin Stadium Improvements CM at Risk; Educabon/Recreation $3.IM Contract AdminWrator First Green Banff, Winter Park Design Build; Commercial $LSM Contract Administrator Boynton Harbor Marina, Boynton Bch Competitive Bid /General Contracting $1.2 M Contract Administrator Abaeoa Community Park, Jupiter Competitive Bid/ Design Build $3.9 M Contract Administnitor Seminole State College Building T I CM at Risk; Education I $LOM ! Contract Administrator Education Seminole community College, A S. Mar Experience Acd a Reestratioris / licenses / Card leadons Notary Public • Extensive experience in the construction industry with permitting, contract admirimmuon, and pre -cora trucuon • Has served asWAY AdFmrw&aWforseveral years. Durmg Dawn's time in this position, The collage Companies has received numerous saftlty awards. • Broad and deep knawWp of warranty administration, banding, insurance, owner eontniicM sub-eontz r agreements, and govemment requirements • Prob aent with project manegement software =ae} la • . The Pmposal must Indude the QMWWt ovemg project methadValogks and carrstructim bra The Contractor must deet* hxNam e a plan to perm the required wor* wlthln die afkand time and to guamnow Amlted d rupdw to cormnerded buslnesser wtahin the BoyAw harbor mbdrra ars well as leashing do kr4wa to the Sea Mist Dd t FWft v+esse( commerdaul charter vessels and the Aw Grwgr1s PWtt:urant: As these are nelElrbouing andtenant businesses who require dooms through the nmMa on a dallybasf, speck and welt' thought pla"nftV mast be demanstraled In the ftposal Identf+howArMoserh9eratfsondc+orrunrm :eft withI&dientLDemanstraftProposerSctwn oriented approach. 7o aartlMmy also hrduder the Prgxwr's abGty m revand to aonsir wWorr Issues, wamorrty hsues and other prqJect-rekd ed lssue4 mjlerences and other addNWal IMWmadw held In asaertainkg the qualdCairarss of the c The CM IME COMPANiES construction servkes approach Is based on a very simple principle of a "trinity relationship" between the OwneC Architect and the Contractor. Once that relationship Is established we bring together the rest of the team and resources required to construe the project Clear direction and open communication ensure the project proceeds with a focused understanding of the team gaols and objectives and can then move forward toward success. First we Build the Thant then, we Build the Project. The xray that COLLAGE approaches the Construction prod is as follows: 1. BUILD THE TEAM COLLAGE, during the subcontract award phase of the project will pre -qualify subeonrs and suppliers. We will further determine which companies are the "right' companies to become part of the Construction Team. 2. ESTABLISH THE COMMON GOALS A successful prefect b one where the team players establish common goels for the project vire would Illae to explore if there are any other unspoken goals that Boynton Beach RedomlopmentAgency would like to achieve during this project We are already well aware of the serWifvity of the adjacent (CondominlunVs, Sea Mist fishing Vessel, Commercial CharterVesseis, Marina Tenant Businem 7Wo Georges Restaurant and Visiting Pubic), as well as the tourist tout, and your cornmitred pal of keeping peace with your neighbors and adjacent buslnesses. We also committed to share the Baal oF zero safety incidents during the entire duration of the project (that is priority one or COLLAGE'S goals). We would Illte to discuss these and any other goals or objectives that the Boynton Beach Redevelopment Agency may be trying to achieve and derormine a game plan to meet those goals. 3. DEFINE THE ROAD MAP TO ACHIEVE THOSE GOAiS The "road maps' to success for any project but specifically for a construction project can very succinctly be defined as dear communication and accurate documentation. Those two etemem can be further defined by looidng at the Rollowing: WdaOff M=ft — e would Initiate a project `kick -aft". meeting for the entire construction team (BBCR& Adjacent Buslnesse% Neighbors and Construction Staff) to hearflrsthand from the gaaWobjectives and ercpectations of the project All team members would vichange contact Infornnation a nd set up a specific project team directorl. Any and all lacy Issues related to the project (schedules, deliveries, stashes, maintenance of traf 4 construction parking and etc.) world be discussed at this time. Me A ECOLLAGE undersfirnrding the Project We would Initiate a discussion far the understanding of the project from all the stakeholders' perspectives to discuss alignments and obstacles to achieving succe toigether. Emblllalh the hies mW Mad ods of Gomm unM7dan— This is the time to determine the lines of delineation for communication (who should speak to who) and to establish what should be emailed and what should be written in a letter or if we can text infiormation and who should be on certain phone call. This may sound way too detailed but communication Is boo Important for "miscommunlration", 'icanfused" and /or misinformed. Deberralne Sdredule fior'll=n Meetings — Simply put, this lis the time to edablislh when do we meet in person as a team and when do we meet on the phone as well as determine who needs to be at the meetings and who just needs to be leapt In the loop.. EmbM Phaoadu res fbr DoamMnp- don —This Is the time to establish a vary specific list of documents that need to be addressed to properly administer and record this project such as W4 Submittal Logs. Shop Drawings, Pay Applications, etc 4. SCHEDULE AND PIROCWREMENTANIyLYSIS An Integral stop in the construction process Ista create a schedule of all activity and durations. This is done to assure the ability to comply with the completion requirements, to detmine milestones that need to be discussed during with majorsubcontractors. Additionally, certain pnoj = have long lead time Items that may require Immediate procurement to meet the schedule. V* have provided a Preliminary Project Schedule with this proposal that breaks down this project into showing thatwe can completethe projectwithin the contract duration. See enclosed schedule In this proposal. S. '"SAFETY FIRST" ATTITUDE COLLAGE Is committed to the continuous Improvement of workplace safety. To ensure that the site Is the sa<estworkplace possible we will implement a specific slue safety management plan. This project Is on a tight site and adjacent to Condominlum's, Sea Mist Fishing Vessel, Commercial Charter Vessels, Marina Tenant Business, Two Georges Restaurant and VlsRfng Publc; as well as the tourist traffir. and the potential for acdderds Is very real. We will haus a written safety plan. We will meet waskly to review the safety plan and we will enforce the safety plan with no exceptions. 6. SITE LITILIERION There are many Issues to address such as existing utilities, vehicular and pedestrian traffic, Public Parking, to and from the Sea Mist Fishing Yessel, Commercial Charter Vessels, Marina Tenant Business, Two Georges Restaurant and VWting Pubic. We will develop a very specific "Sloe Utilization Plan" to not only address safety rues but staging, storage, materials deliveries, parldng, envh mmaMak protection Issues and construction sequencing or phasing Issues. 7. WEElW MEETINGS College requires an on-site nxvUng with all involved major subcontractors and suppliers on a weekly basis to discuss safety, schedule and any coordination issues. The BBCRA and VBH are welcome to attend these meetings. OB&e A W COLLAGE B. P1 Eff REPO1tTIRG Communication and Documentation area partofourweb based Project Management system called Power TboWw . Our team Is fully wireless has acr.ess to our a -mall system, network and prclect management system 24/7. Project Managers, Supers and Contract Administr compile proles data based In the CPM System (such as Subcontracts, Purchase Orders, Change orders, Insurances, Bonds, etc.l and must possess an understanding ofthe operating unit program, policies and procedures. Power Taoism Is a one-Mp approach project control system, which reduces the amount of data entry that Is required to create all necessary project correspondence. Power Tbols7 Is a eery powerful aommunkaation tool and it partially consists of the following modules: Daily Deports Progress Reports Purchase Orders [len Waivers Warranties Budget Reports Triple Check Form Change Orders Action Reports 9. QLWIV CONIRQL Power Tools Main Menu College believes that the concept of quality is not the vagua, subjective, somewhat Intangible Ideal that most people attach to the word. The Idea of quality Is very specific. It Is simply to meet or emed the stated requirements, and to do so the first time and to do so In am situation. Our Quality Control approach is described In more detail in Section 3.4. SPWJRC PRW6Ci APPROACH i. Understanding the 5pedik Project Coral Wnts and ChallaNINs The Collage Companies has spent time visiting the site and our "Approach to Construction* takes Into consideration the many constraints and chalk:rcges surrounding this project. As stated in Section 3.5, some of the distinct Issues include, but are not limited to the following: The project site is extremely small with limited access and is adjacent to the Two Georges Restaurant, an active condominium area, active commercial Rshingvessels, and attics marina tenant businesses. Staging of material will partially onsite and offsite and will delivered on an as needed basis and/or as approved by the BBCRA. Construction parking onsite w16 be limited to the project superintendents only, all other parking will be offside and/or as approved by the BBCRA. OB&RA WCOLLACE in Usting hardstape futures surrounding the project site which will be protected through the duration of the project. Case Loma Blvd. is the road to access the proJect as well as the Two Georges, Marina, condominiums and commercial fishingvehides. Maintenance of Traffic will be provided along with flag rnen during construction operations and delhwles. The project will have some restricted worts hours that must be observed due to the operation of existing business and their delivery schedules (typically Mondays and Tuesdays). 2. 5pedlic Project Schaduie Ourstaff has developed a Preliminary ProjectSchedule and has included R in our bid padmp. On Section 3.5.j Asyou review our Project Schedules, you will seethatwe are confident that we can complete the project on or before contract completion data. We will provide more specific schedule Information upon award of cw tnsek & specHic App ech to mnstruciorn Site Uftfliastion Plan- We will developa "SM Utilization Plan" by first meeting with the BBCRA, adjacent businesses, and project subcontractors to determine the needs oreach participant. We will also contact the building department, water utilities department and other utility providers for their input on project access and parking for Inspection purposes. once all the Infvrmat Ion is gathered, a cornpmhensiva Site Utilization Plan will be developed and become an Integral part of the project and day to day operations. Mo6gtreUm/ S4pW Plan.- At project commencement Collage will procure and Instal! the accessary signage to conform to the approved Maintenance of Tmft Plan'"ftccs Entering and Leaving HI~, 'Flagman' 'Delivery Information Sign% No Trespassing Signs and odrer signs and protective barriers that will be placed onsite and at multiple locations along Casa Loma Blvd and adjacent roadways. Ground Fantrating Radar/ Locates / Rancing.- Collage will call for an underground utility locate and we will install a six foot construction fence along the property line, as deemed necessary for a safe and protected site. Our next step will pot hole all existing utllldes and a permanent marker and as4miltthose conditions for future reference and tie -Ins. National Polhrmnt DladoW and 91[mineft Spin (NPM* OCollaite will Install the required erosion control for the site and all olyslte utilities that may be affected by the construction operstlom The erosion control devices and materials will he checked on a daily basis In order to maintain compliance Primary DeMmy Moa; The primary delivery area for the project will be at the site and a secondary area of ice will be used for over few material. All construction parking will be offsite and/or as approved bythe 131BCRA. Surnmry.- Our approach to construction started with our firm understanding of the constraints of the project site. These constraints will dictate how this project Is to be constructed. We will develop a plan that will accommodate the construction and BBCRA needs. We are confident that our plan, how we utilize the site, will provide a safe working envUonmentforourstaffand subcontractors all while minimizing any negative Impact on the �, rCOLLAGE adjacent estabilsh,ren . We feel that our approach is a workable and effective solution. Further on, our desire, upon award of the contract; would be to sit with the project team and further develop the plan and to listen to other ideas that may have been generated throughout the design and bidding process. While we consider our Ideas good and valuable, we are open to othersuggesdons that will make this construction process run as efficient and painless as possible. Diamoligon: Once the project site Is set up and secured (as described above), we will commence with the safe removal and capping of the existing utllttfes, and removal of the existing site features. All other work wil I be scheduled systematically. Sat IA dI trod Elevated %hlmaq: Due to a very tight site area, we will first install the seat wail and elevated vmlkm* Once that work Is ccmplate, the paving and curb modifications will commence. Ifardsape / Site An ardti : After completing the succi paving and curb modMMon, we will commence to install the foundadons / concrete work for the hardscape components. Once complete, the concrete sidewalks, curbs and paver bands will be installed. Once all the heavy chyli construction is eompift the see will be graded to a pre -firm] c ardour, and the concrete pavers will be Installad. Marina Loading end DmpOlf Roadwsyr After completing the hardscope and site amenities, the marina loading and drop off roadway will be milled, repaved and new painted parking stalls will be poinded. Final Cmphdbn / Final Irrepectimt /Feral Ckm out: Once construction Is complete, the marina open space she will be thoroughly cleaning and ready for a final Inspection and certificate of oca pancy. During this point in time, demobilization will have starred. Simultaneously, our afilce will be preparing all the dose document binders, Including scheduling with the BBCRA and staff an operation and maintenance training session of all workable components of the open space construction. We will stay Involved in the project until the punch list Is dorms warranties are in place, the building Is commissioned and the Owner Is trained and ready for a smooth transition In the new building. We will bin the as -bulk process and the close out process Including all operation manuals and warranties with sufficient time for it to be cornpkete before the Owner occupies the building. Collage will monitor trade contractors in providing sufficient written warranties for all the mayor components of the building. This will be formatted In an organized binder (along with a version on CD) for use by the Ownerforthe various warranty periods and to become part ollthe BBMs permanent records. 'This is an axdting project that will require a tremendous amount of teamwork, scheduling, coordination to complete the work within the time frame required. The Collage Companies has and will develop such a plan that will make the construction painless to the surrounding businesses and community. lidM Ulm ON. fast tawcm lllkbmo+e = of Tralk (MUTT Silt Fence 9 chi1n Milt finch i SnVm oa Gum lIm PrmbKdm SewcutendRerrtOwsTwwFCArh j %wcutitrrd Remora Asph&hwv r Rerno+rRl9tora Fawers a undmw&.& d utft l—ung Dam W dorilround VXIM IorrcrW11docdc" I d 001010CAT Dm(ALLOWANCE) OommembolonE Beo*gT m bnner(ALLOoWANCE) Remord9twe Lw t Polar PAffam Visrtom ReM&A B[aMd A Cut#iCopENbftl..Wtkm Reraaraoon!t1r��rd�Ac�e,r. Ramare SIM, Mil and Slderwlk B= m%b%wnow Pmffoerrt and ease Material In Pbo*I S Areas L5 11 M700.00 $J, LF LF =I mm $$%AMD LS 3 $215M $225.1, -' LF 50 $20M $1JML, SF 405 $2x100 S7a 530 mtR 5F Ls f oo oa 5�soo LS 1 69M $50DJX3 LS It $71B1oA0 $7,WJYJ t LS s $7,50=1 LS LS LS i $9,2UM is I I $'MM $rAflvI LS i $000 S49a!}"u LS i $1 0 Is i $%70oA0 $ SITE PREPARA71ONAMMOUTIO 4 SUB-'t UML, $P ii COLLA E Al[TAOIMEffr e(e COST PROAL BREAKDOWN FFM MR Q* can Told Cat SAY BAM t PAVEIYlERM Radroy Bae R Rel,ft o SU M0 $118.00 $82im Aspha*kft ment sE $nnm 2 Fant LF 66 $50.00 Edo lic" Ps I $soot coloeedCOrxrddsTner wd Do= Fw r 5P 1B um rim r A m Header CM& a Bank%ek re Slde k LF colare+d concrete Paers SF im $SOD $1 gewftwn srt5trlpl Ls t A10DA0 ummll 3amVCm* sd9*;l 19 waftww4 £.5f 20 .Oo EA I ROADWAY A FAVEl1 SU2-=AL I "47—o"M SITE 8lyiPROVEMEM Seattilllav fngiA I (w m prwmt COP) IF no $82im $5717M SWOON cwu mn *ft p reset nP UA 2 $5.3 V Hdla1 pft (9, im r A+Mk support end seat VMQ Edo 61 $495M SWe B=M rnntm14 LV S rim r A m Header CM& a Bank%ek LF Tknbw Boan"It SAMMMM MW HaMhrna 2: i= $27M IM Wood soerdwdk Dart" .$4B w.ynnow lMon EA 155,aDo.�D &*Norte 0W ftrm , & 7ro h MoWdde EA 4 $ngo ftgckdPhu*A0wdm* EA AD Ala nbum Edge lteabv t is 1 sum" $2.500A Pat9tstlon Edo 1 umml SITE IMPROVEMEM SUB-'8'WAL RA L LA ri EQ ATfAO MENT mr COST PROPOSAL BREAKDOWN nm Udt CSV. CDR 76101 cost LANDSCAPER Il GAIM it LSI Steeff Ls Trawl Accord I%*& FA 7 ;sem S AMW Daerrdlo Gunba Lrnho 1 Burmara drrraruhe 1 EA 1 m $6B7 &Teen Mrkgara Cacmg PWm 1 Ono rwd bm 4reen Mdgm • ak 13 s CwApid WJetrophe I kboplu iMBerrlrrw •compaw' EA 3 $=3m LS r4M Dale Pake Mui*Truralr 1 Phoonk mobdat MA 1 MUD snud now Pogo 1 kyA om MAN FA 3 slam 9wu6e e Bed TIP Coc00= I 0w"obdmmuv kmoc' Brad TW FA i5 MOD NMMW LMNR 1 Codhmum wrleplurm • Memwy EA WAD Ste. Rridn I CKdvlm fruMma'110d• EA 22 sun$ Gold Mound Duran 1 Durari# Veda • Gold Marred Green Nerd Pam I Fkmrnkruc spa' Green Wend • Eo -i ma Um $& Swbw a Phrk Hlh mn 1 Ltd' S&mllnob Plata EA iD $t Drrerf lied fears 1 bora O amara' aft Rod' ER 1 37 � 7ienmb Phpoderrdron L Ph lodendron sdnm' f4rrredu • MA 17 $242 Flrmeft PIM I me dle egriratllbrl b EA 47 $law ArbeeMaM T11r1!!M I Sdreilfen ertiaetmla' Tlrineft' EA Ott -M Ground Corers BaoereIed 1Aaderree x'IMleradf !£A 111 $3WM Hoar Fare 1 Opb mlum faioamm EA in Slow Ploft n SL. AL+gn** Sod L 9Eenabok m sedadamrn' Hort tam - SF IAU sm Irlp�e LS,570.1� 6.A Pg L IRMA7 ON SUI TOTAL $ . iMfP.lM & SITZ: UGFMme it LSI Steeff Ls 1 $&= AD $3 Accord I%*& FA 7 ;sem S AMW Daerrdlo E4 24 $W= $d 9t w WaN ue d EA 9 OWN $1, RefV6kl�Ildaeatel3r<Gkrq I Pok IMddr+dMrq etrraral forfoothl�j E SZMDN$q. BwrdrlAllrtrG Ls I$S 7 lJpht IT,rdire P hew AYouverioe LS 11 M706,00 EII:MCAL&SnE UWTING 5UB-TOTAL $� C L L L ATTACHME11 T u1" HOST PROPOSAL 6REAKDOVM 1iE11A ura QW. Gal! Told GM Malol l m - m - Offtfllc PAM SSt Reece txnvLacwm Mat G Fve IIemu"I InktPr FkwdwvNw&PAhdmft(Vh- aS 6F is u 4S sr Hoed - - — 13 1 OCFt General CbntractoA File l.5 1 7d 000 00 $i8,0E� pg. pnWocMofmcr rfbuuwmmtwaddufttlecmwucdm p�a+e: ar�Kr �o p"N atl�er pnrdt flan dlredlyia tF,e dqr oua�lde d 6C's pre oast:} is SWcn4&bn/ fit/ t l5 i �111.#65.Gt1 Su?, �� TU LLCONST1WC1'Ib11COST IM&br U& yrs On ku of CK UMWW Qmnt mwd $" Ilan of fie wow Md*w ftplm aMms P.T. amr&mlk ftdft (Qwr&mft VM owfW rLiss Y COLLAGE Please see Attachment T, Cost Proposal Breakdown, on following pages. Y � ��''& I� ATTA ! F Projact Title: Bvyssbn j&AwS Phase JB- Nbrho Dpis Space dh Xaaderay Improvtmtent Pmjert Name of Collage Design anti Construction Group, Inc. dba The Collage Companie s i'roposer(s). We propose ad agree, It thla bid is asceepted, to exert Whh do Bodmtort Beach Caa,aan 111 Rodrmbpanat Agency, to i'bmish all mOealat, egtupsnant, aaaa hlawy, enols, APPUW114 means exf tusussparwon, ooaseruedon, eoord M&M. h bw and =vices moessery to oompteWPMTidc fixe vat specified by dee Comb= Uocuma & Havlogg eslxdied the documents prepmed by: VEA I= and having examined die project abbe we F ropose to peribrm the work of this Project aonording to the Contract Doan was ad any Addenda which we have racelvedt "Tiro Proposte(s) Ogress to neeeptas fen at for the P or Identified Portion of to ProJeaot. GRAM TOTAL i MAY -- (:a mu* writbon in wards haus pr+ocedenoe) IU MkOWW Praposer(s) agxaas to commence work within ten (10) calendar days W%r dee data of Ilse 'Nedce to Proceed° has been awaaded and sisall w6faft wbete 2W completion w1dwut irorr oon witb' dap thafa*w. C � Una { I) UrigitaRl, one Y) =bow copy and one (1) CD/DYD of bid submitted J Attsched Is a cornputu-gsuerated, horizontal bar abut showing proposed schedule of work. Schedule of 5u6eanusator(s) submltied. Bvldmm of paeaession of a quinad Ircrnses m&or businers permlls submitted. The undea-signed hereby repmeset b that he has meikully awnhmd fixe tlr"thW and the Contract indadixtg all Contract Documents, and will =acute the Co *&* end pwl'orrn all ria items, covamb and condklons, all <n exsect ®omipl IUM wide the a qukements of the aped ions and &Swings• The Proposals), by and thmuo to submisft of his Propasat, am eas that he has examined and shell be held roap um1ble for having thenbaf 0 em mined himself es to the character of the route, bastion, =&w and underground obsovedmus, nature of dw ground water table, co ndMons and all othaar physical chmmicristica of the work in order 09 he nmy thereby prcvWe lint the eadis&cbwy ooutxplet M the wt. Including tbs rdnovaL mlocalidn or replacement of NW W COLLAGE cidaft or Obstrooffim which will be enooluarad In p the p vpoeed wo& 71* P[Ull04CKol by eubmbdon of dds Prapm], admawkdpi tl* file P1O om(s) has base aMsad that bs do avaxt that the Prapaeer(a) codoo the awud of this PiMed to Jeodw ProppWsj the pnqam*) damages if are limited to aftal OW con% end walm airde It say leave ibr other d coming ft n the B Ce m RdevMi 1"11 wait ABmoy'a fellum to award ft Pro)eot Propaeer(s). 97ak; 3t* 22, 2016 1P a 4rgnatura Bran A. WbM PrbttN me Presldnnt Title Teleph=Numbar: 407 626 - 2257 PluddaCam Um=NMW-, CG=0818 71-7617!0,�41i,'� ' ` Please refer to Attachment T, Cost Proposal Breakdown, in Section 4.5,4. • kWdfy all work your jinn wed propose is wffLperfarmfbrJhfrprvW= In memp iom that such weak would be aar wdds"Wd and awarded at the BBOM's sale dWwdm. The Collop Companies will provide project management and supervision. Ii al IF—'TrIA City of Belie Glade ��oa�a�sr � s m.e•a r =men rrpiorl r mmmmh8,MID 0M1 AW — Con *ucft / Inft W Sar*m o►"dam"m M Tac wbn pmk qua or ftm Llewpft LOW 1". FL W46 Jr. aa&Mdmkd� '` OQerrrMt.-I ms Thi ,� , Ib ow *ff ft WAMW M�Mowom �"r1°° of m and t* *n ft wowkmra p of ft boor*mk and dock aw COLLAGE bull and Mad ad the Coy of Bade mbar Tony bland Nk*& The I- 1.0"r-1 worlarpmahlp end d1bonos of In COLLAGE ow odor yon rraawor m% kept fie project an adwub tluouphotL You and your SW cm kuded a lap gaallyt Product at a w c rran 7�r 1ok Rim Jwwww Imm4 ' in add(tlorr, DWId yoea are is ba accnarrarrdad fbr lha aesrrrleaa, hmlt UM UN&nmd *" Pnno dtha mn*o pFIjm', . Vile an! hmppyia ramarraerernd COLLAGE —Comrat udim / Inbagri Gwvbn iarmy akrrlmr pmoft and do so wMmdam imaanm mrs. na„aoc Hwnd , UWAkwo Slnowahr, Ellam A. , ��oa�a�sr � s m.e•a r =men rrpiorl r ' OA4s City of DeLand Ak rr� ppq��x� AapmtA "M bfinw pnw*es The CDMPN i%rm sus mwm&w al* L"Mmnmmftnm it 4"M.ta litm ■ NWW.Wwft Aa wa mehe iii priprerdiom >tOrtb � 131egan Ua eud Deland Z$gh 8elivd �s at aar asov�r i�evrad 8pea Matdn �dhao, Iwndd mos 1a taloa � giportanlgr b Pm asd rm I4 b Mad Mlnca bim Mft. md men P*u ft Peat a madthepq & Asymlaw. ftbmbemaohalMft=&mWeRIaumofbadW boftA wq d[ vft ft ftdm3 etafetwe, lticor�oot tba pe�Jaot I have �amd pas � P�appiaalada theme � pmid�ed� ba peaih�daael and food p�� adwm lira vaq by POiM Mmm w. MW Who wv dww Iwo&* to mn iqd x7 staff to a&%m ■q bmotn rftL In tbo line, %v bops 69 POs WE con&= b be bimea d in aV p and wa will to beMWN"masaeAeeeago ftfAmpt"Milbedhote. WmW Pm )ane wy wwMk= Amw do mt bake do mmm m4 ftm*. A>Ii�P,S Pobfao l3anioeeDle�oe 000 evupwtoLamc STMON UNIVEUIT Y OMM of the Preeldent I Unit 8258 Atg=30,2013 Mk nd=li " prolded Odbw 3=5 Tw hbdow Pari Lakya Mill/, PL 32749 D=Bei n: With the &Mcadm of Spat hurksman bolded ue and came day jmt ahead. I waat to think You end your Oaff dar hdpi9 to mdm it all poar=%W Atls fat yawn of iotondve study. pbmbj and coaetivctiom6 wo halve bit iioobd bask to Stamon aad a maths® ibr Dai and k wo a mares al l to have kali oaam - j it C wA tae to oommft IP coatBbM& Thad& yaa tIr year dcdcati= to dda eft: It's a add Ira ate prwd to otll the Noavaai'tba lIRML I.aobggin m to swiss ym an fXAWI schudayd 421 Forth WaWland ltoaleMa►d pe:.end Fk" 32M wwwAjvt ruWu laa.a72.7= �Aq SEME 101E STATE COLLEGE IODMYkIdM ft*Wd 5eldGK FL 32779-5199 • 407.70MM sembfaleI' p Adu -1'1,2015 wwwwakAmmad The Cabvo=pw e SH Tod mplg pwk LdwMW,& FL 31746 Tatler alReoommmddba kr 1Le Cob p Coapeim Dam b&. Vldlk lampbmadtuhwmtbptomfima OWOrR mmmmalftibr�eOoIfEipc mpruimaa bah oEesabola BFa�pcdollqpC�, As IZ Fonduttn� 71Mill ial A � MIS 3w �pae�dll�r lob= oil roliellduue �r Qeoad ( mon bi�mmtaid Darr BIdW.errlaleaiaU atom IUCdbppComppdnbrsavedBSCwelto wdmp dmmbwatys . 7fmybmpwvhW$AjMwllh p�aTbdoapibay aYpetfre aad, sineri b me inak M "gFdmft vft Thpc*F c=wm h% I 1lapaeansaNegrbmwbgfmtih�awioWvmft hr9AjMwda%fbrfmmhm. lkbi lnmy poiltmloamMeraeaaaaaoipyr8lot�r�raasdaoe�tlrd , 7bmkyoat Yourfimbn�rorleedwlmmanf�eHw�yP$osTlppsdapat auraepgtalwbbbmobded me mplmmeot 0rtw arent� mltr. QBmwwoftdvM ffAA b ltd anedvr* aed9adorMhle wW tondw+staaaatati6$wadrJo=dwaarp*mtbm%pL L��I1�.7ao<.hl�usf�oed��os#at6r , peppp7lgaao[dlair�p�aeYPaPe1��+�9��r9fa pnoelder$r�pru�aot Waoaa�Yd 1p bao®mmeigdoama maovafmab T wffi Tho l7oa�aeieasaa�rGmMeaaloo ld'Ym�r. Wp em satetielM,so�reray mace futyaorLiausaeedldmirmm Ptbs (tl�j ame b aaoro fun 1!liaederaur ! apfnodrd. fmt'bpeel' mlenanebTpA a n hee o►ib The adL*a Gbnrpaaiee. Year bm $ elwgs flee dmw$r� tom a�ofac3eaWnedm�ermo�rl�lhrty�aaeneHwlobeLme■taoli m�eprwaeidggwffiyaarfmsaom 7b. daffvAkhl buw mat In year &m rap suit TboCWI pt Camprdww& ! aamldrrlt apfirAaRe m �Yq►:aoammrraeeEHa4 ibe I>be � ooeapeoieetio aap eabq►rrha � ba bddm� malll� duaendom daQonrkaellon 6�er$rbeir pajeot Akw mrm Sp&W I danwlo I itng omr I OdKie I SmdoWn&%@ LWV IL40 First GREEN Sank a loaot bw&u t a Orabar mmdw- Odobw%Z16 W Oft Wd1k Paaft The Cdepe Campo &- dllTNdnaMdpM LO Mn FL 04 RK FM SIM Oerdr-Wfnw ti wd 0=0 to M LawaIN aameren NonbrTheCoMil nn g1aie, DW&W. itch M W proift a mfarerrm for The CMpe Ooaprdu for ie eroerd P, 01 ON Mrre db MN Perk banab and amend ttaardr bmrA d Fit BML ME oreri I IOnnwrae end aw -ho proyldad by Yen tearrr to 91 -111,mlp�b hemp — r! dMft M)= oann�d a � pla ch W bW pw tioreech pnojec4 Cote piariMd Meidd� atidl►ta fro daalpn prmeee b imiP oe estyii fro budget wd baltir oe a n ft Dame m d *Abu Aft "awuodm wbtab clawed in b do came bnt Ift wa& tlon. Ym oo ftw b pra a deulad --"*Oft aatbaolon dleedan Ord away allowed ae b koko a me "WA now ofwk~, , fa 2d aoal e d awn a-- y aolnomio to w at fro and of"di paaJeat. ThM le oidieaed db gw marg pm dde m4ft glob PlNk TM arrparMrroe errd profiartorwlem d p w Pm*c' Mmw ed loan dit cid bi l"b rw, drawl wnd aomak dosr+or IM -1 tlrrorrlh the anNa deem pt�eae aedaorrrirelorr l and h wl oder nr aleirM ddralerrpia ron AOK 7M and MWA a fffdMok natato b ftft a V&W Padr ttd b■ re *M LW [Void Csftft and a o'eulr a4oaleAld.ntNddiadueiuldf bGffnondtaeaa4rMftbnbeeeeaiftdfwft %beanlloe1 30 ■w bdldrrpe daft wa aerr W be proud of a MW addmw aw niabi d n arioalpriK and iepert on aur wnbarr■ere. Vb "pr"fM Sibb d ft of Oolrge amps" Mwn ant wM Nft emonw" jw dent b dw IMP ddl'Ir1aardtar>tr wFkKQRfWtte*pmp* 8iawrelX Ret GREEN M // I Xz'z 1 �-7 - Ren Ldbm cbwm amen o err'wwe W GNAW �Ffm vaaAW"441 Mrwrar"Aw maa oa,ac .tarxa LIVsoAftift 3K4D n a amain MIXAM �r-eA ��aOr O.. .•tom*�1 MCOLLAGE totem "�rwwwr a+e w ir• W. No wmkl t, Ptawffit TWOdkpOmpuft M TadwwtoppPok Laltskbry.NL. We FWtknkk HM is Bldm ROMOm. orWndlL FL Lady of ft=mwndd m for Tbs Cdvp *wpw" OW JAL WAW Plraas bttb lOtrr�atre N a (Jlbrd�apltllmndrtpn brVm Catrpa Crtrpafbr fartdawattthtytwrlbs ptttbaredatliOMkukBrMlbnlnOrl■do,RotMs. TlirptoJaalws0ttsoawtpibhbbtbOeabrtiofda7O0ytwraM dab ddm MIM f0 kd tp bo*b lb tt"d Optador. Tbr tdit b tttrttad by IlwFbft Dgwbrwdd TtwwPOWM Ofd bbmwdbyAMhk Aa ilia Ddads LadAp K ffW tab b b tmtdw ed ttpatr I oftw tlum I wt Cdo bAnildtttwb Mm. klydnikip VM V*CdOPCastp■iar bwpatip# iltsaTatdmtwifwrtottand mtbdwiMt feaaspMtlott dtmu dt betis#dL AtMWmpad#mwwyrmWWttWPQM dbld mympNmbm Th* ptbamIm-- No Mom Dtdrtw uwwtw bttwm m a dllgrl pgOatINi— irwyl -, 2= kwd aid mhNbO dMbM IL dhbbNoOraauplOf*TMiwMb=kwmWs idyaaau W Gain shun (b bAMm b h tw' 111arlvM taatdlwdr old* hw>iwrl) a$woerttbat ado nkW ttE ft Awt* ftM and CIK Thlrb=maftand bwOpftp m btbrwt i ewa allotw a p *lm I brtr drt mark crit b g dotty ad wiwttrw term pafftp b bs pntanwd tetut g w ft pr*CL Thn M notas0 tws r =mmmkdm aewr hmft down aid I wwfe Mrdddad wttbb %mb tK , I Tlta%wkdiMO*pCatttpwnbrempllbtmadwamo* aw. Tm sfdmttplr- - arbswwtkwo sWr. I haw ttpdm b d bro W b the ptgNrttI= l m htdtitp amirM M pts sq dtww tw ft atd Ihs artwtrwNbUtsatmslroaaatwtywmrthsjretdts■ywmlbartdrMtlwpadottrt =dCat L ttb wtbttdbedbttn brrl tttitort i n fl n - wdOtlr I fm totgfasawAear owhrslraoppotkttt�lbOtttpbybtttwrlarr d Th bpCaaIwalar aO tb* ptwtral an I CA � OgtaKtdat wagar wtr d"n buW. Alik afagnuffi r m s tlm t *mk AMM R. Ntwh ftwdNtrwf ftwhrpBarlim ftMMWfDrCotnaadrLYiAstbdt ATTACHMENT IV LEWIS (A). L LW I LONGMAN WALKER June 30, 2016 Michael Simon Boynton Beach CRA Assistant Director 710 North Federal Hwy Boynton Beach, FL 33435 Dear Mike, Attorneys at Law Ilw-law.com Kathryn B. Rossmell LrosLsmeil@llw-law.com Aeply To: West Palm SeWA Of fke Per your request, i have reviewed the three bids the Boynton Beach CRA received In response to Its Request for Proposals for the Boynton Harbor Marina Open Space and Roadway Improvement Project. Below is an analysis of each proposal submitted pursuant to the requirements and factors for consideration contained In the Request for Proposals. 1) Lunacon Construction Group submitted the lowest bid, with a bid of $545,795. Lunacon did not submit information concerning cost overruns on past projects. Lunacon appears to be a responsible bidder, and litigation research did not indicate that Lunacon had been in a lawsuit with a public entity in the past 48 months In Palm Beach, Broward, or Miami -Dade County. Lunacon was involved in two lawsuits with non-public entities In the past 48 months. 2) West Construction, Inc. submitted the second lowest bid, with a bid of $650,991.80. West does not appear to be a responsible bidder based on the criteria; specifically, West has been involved In two lawsuits with government entities and over twenty total lawsuits in the past 48 months In Palm Beach, Broward, and Miami -Dade Counties. West was also involved in a lawsuit with the City of Fort Lauderdale that was initiated In March 2012, which is prior to the 48 -month period, but was not finally dismissed until May 2013, which is within the 48 -month period. West was not responsive to the question concerning cost overruns on past projects. 3) The Collage Companles submitted the highest bid, with a bid of $785,612. Collage's answer to the cost overruns question indicates that they have incurred cost over -runs in excess of 10% of the bid amount; however, Collage notes that the cost overruns were the result of owner -initiated changes. Collage's answer to the litigation question JACKSDNV iE TAl LAHA$M TAM BAY WW PALM BFACH 245 Riverside Ave., Suite 150 315 South Whoun St., Suite 830 101 Fkwfrant BW., Suite 820 615 North FWer Dr., Suite 1500 JacksonvIle, Florida 32202 Takhom. Ronda 32301 Bradenton, Florida 34205 West Palm Beach, Florida 33401 T 904.353.6410 T 850.222.5702 T 941.708.4040 T 561.840.0820 F: 904.353,7619 F; 850.224.9242 F: 941.708.4024 R 561.640.8202 K07141-3 :r'Yrle Things aftmRtty was only somewhat responsive, but litigation research Indicates that Collage has not been in a lawsuit in Palm Beach, Broward, or Dade County in the past 48 months. Pursuant to the Request for Proposals, the Boynton Beach CRA has retained the right to waive or delete any item or requirements contained In the Request for Proposals when such waiver or deletion is deemed to be in the CRA's best interest. Sincerely, Kathryn B. Rossmell KBRjnI MM77.ii5.1 9 M Q rl Ln N 4 N U M a C4 ATTACHMENT II OAL4: Document Al Of - 2007 Standard Farm of awnt Between Owner and contractor when to basis of parment is a S*&* ped Sum AGMMU=o& as of die ,� A-4 stay of in do ym 2016 � "� !h wWA &W aak day. ama acrd)ma j BETWEEN A&O mgr. (Naas, loaf arms, adPdaa dMdadr h*M4ftav BqyaftRewhTMs domm ft hos 6npmtane bg1d Ca®mmritq �+ GWMsWWML CMKAdM vo 710 Noa& FalvWlBghrvey an emnAy b.nn n logo W Mh Bayntan Baacb, FL 33435 Mlpod b b aamplWw or MuffbaftL for the fallowing Pmjeaty OV=A laca" a+tddvWlvd&=*WW Boynton Hwbosr Mina Ph 1B -Open Space &Roadway bvmw manb Tao Cm Lam Blvd, Bwjom Back Florida 33436 The Axhbwt (Nmaa lasW rte, mda&v borm"mO vss US R Rob=aaStd, Saitt3300 Orbmdo, Flo & 32801 733 Owner and Cmka= agm as mow& Ov IDLAa►ttawrssslMme—aao�:sysas�sts��wa,a7a,�a,a6T,tet, w�1 10a1 is 1a�T,ia�7,lsrt,ua4aadaoaaby'm. hmkbd r+4.Ald...n►�d.1�1111N�1fc1►,k�11R�nswn.gtkpaIrehaigril8,eapyett w,+r+il�lxn�oeaixl..a�slbe�gwdo4�aanar eI ' Ib dwoWHal9hiwA neer ,arrq►IaaaonoTt + �ru�tinavxrdri+�daid�plPt ,s�dw erp oviablhra�4r�n�o�aaepe. . aettorwd*irlsdoosw It6rhMwtosnlaYaFileatlaaemwsarandm�riletwAfMpaxOsmW Pga►lp4mii I,r,�ls Au DOMMrt A201" -M, 6s+tM CWANM Otte rIWCMdb edoplad to f daalattetd kV ad dw Caaft=W. ettce do not UM WM OMar (!lila 4 le l atdm& ad*m and oftr b gwtnrsi enndOm wdase f t CbIbp Dadp and Ccs Omip, 1nellbe CaNp Coe daasmWd b MadMod. sas Taclurology Padr Ldw Mary, Fls"32746 for the fallowing Pmjeaty OV=A laca" a+tddvWlvd&=*WW Boynton Hwbosr Mina Ph 1B -Open Space &Roadway bvmw manb Tao Cm Lam Blvd, Bwjom Back Florida 33436 The Axhbwt (Nmaa lasW rte, mda&v borm"mO vss US R Rob=aaStd, Saitt3300 Orbmdo, Flo & 32801 733 Owner and Cmka= agm as mow& Ov IDLAa►ttawrssslMme—aao�:sysas�sts��wa,a7a,�a,a6T,tet, w�1 10a1 is 1a�T,ia�7,lsrt,ua4aadaoaaby'm. hmkbd r+4.Ald...n►�d.1�1111N�1fc1►,k�11R�nswn.gtkpaIrehaigril8,eapyett w,+r+il�lxn�oeaixl..a�slbe�gwdo4�aanar eI ' Ib dwoWHal9hiwA neer ,arrq►IaaaonoTt + �ru�tinavxrdri+�daid�plPt ,s�dw erp oviablhra�4r�n�o�aaepe. . aettorwd*irlsdoosw It6rhMwtosnlaYaFileatlaaemwsarandm�riletwAfMpaxOsmW Pga►lp4mii I,r,�ls TAS OF ARTICLES 1 TRE COMMCT DOClfKWM x THE WORK OF MIS CONTRACT 3 DATE OF COMMENCIMIEiTAND SUBSTANTIAL, COMPLEi N 4 C0MTRi Cr BEAT I PAYIIENTM S DAS M REBOISTIOH 7 TEREMATION OR OMPENSM e IlIB4'8J.Ah60UB FROYIMrillls S EhIAIERATIMI OF CONTRACT DOCUMENM If IM SURAMM AND ISONDS ARTiCLE 1 7W CONTRACT DOCUMEM 110 C n t d Doatmomb cansiai offth Ate, C=Mtmm oflbe Cashed (Ganstal, Smppi m ubsy► and a Caa00m), Dnmdq% Sputa d=6 Addumdnimak! prior to mteattfioa oftbis !ls+etamvt, admw domntmads Hffwd m dais Agroammt and Molifimdow hood attar emwWou ofWa Apwomot al ofrvhich am the am#m*, and are as MY s part of the Uanhaat as if atmeW to this Agreement or npoWd beim. The Coottad tiepr�b the stairs and bftVmwdmXmmxwbdwm%eputm habwta sand pdwvs, or qVemnawk rides- wd as or o=L An enmrastatfon afthe Cantma Docmaenhs ogw than a Modigca*m, appears ja Article 9. ARTIISE 2 THE WORK OFTM COhTR14CT Tie C for dball MY www to 9w Work deurbed m the Contract Doanna, except as sped0m y kmjcffW in C=ftd Doma" to be the mqmwdbfgW ofoftm ARTICLE 3 DATE OF COMMEMt:B ENT AHD SElBSTAWIAi. Cp1liPL MW j S.1 Do date of mammmmmmamt of theWork shalt be ibe dale of4tis Asmemw tmiam a dhTff t date Ia sbftd bakm arpmmWdmm► b made far the dab to be find in a nod= i o pm oeW imnad by the Owner. (IRsWOw datr of0"arle ommtif'if Afws)6rarr *9 lose OfAk AVwwmt or, ii ~v, Ow dohs wail be jW bi a nodm b acd) The date of a mmemos M of the waik shall tae licitly (30)) calendar days item the date of this taDnb cL The Notice to Proceed and the data of oommermament shell lte the same day. The Stbstanttal Completion date of this project shell be no facer Stan 120 days from the intense of the Notice to Proceed. �y If, pft to the u emmeatt aof *e Wadr, the Owner mgnires ti = to file 7mmmat" mtd other security MWCSK gmr Owmr's tbt mgWm maW sW be ms fdIuwa~ W/A $ 3.2 The Ca ftd Time shall be memmid Am d w date of commmmommit S� ham. JWIDueaeMntAtlelw—aOA.G�ry�hta107t;,1e18.1�1AeT,1BBt.l�laef,l�,198t,1i7�1a71,i9�,1e17.1Ye7arri�G7td�IteBMaor AMAW .M40ftrpe dW0pmatM7WAWV=MmW x3 let 1a Cgq htLtww+wel a nr17mom. tnWgsa dew dld�ianafedoAtMaae�gwdk�+ter,�Fat�+rnasximliiRaurrwse3�aswtaol �nrabs, �dwit�pawsldreltsarasfedgh�peestMbdp ► wKW*&ta lt6d=mWtapeaetI on 071JAMUsISM WWWdtWWofAR =Arm fW1508,lftd=UWrkwmdb�ItheAimkmeuiidscfhChft sbrff""nwD*WdwwMObaripfOdllWpbrtoh=A f 3.3 IWc Con=tor shall sebieve SubolanU Conaapledlou of the cadre Work not hilar then Dna lnwdrad twarq days ( 120 ) daya fraau the date ofoonmmome4 or w faMmL. (fnaert mmaber ofc, h alar d4w. Altwativ ly, a a+atadar dere may be mud when ww&wW wa *c date ¢ caaarrrrer omwA Jf Matt, invert reqmhmmwfiw emftr Sbbsdmrttml Cin of p 4(tw Wok) Find conspletW of &o work shall be aabkvod wltbin thirty (30) daya of fire aubstaadal CoMpkbiaa data Mob offtWork Subduutlal COMOsdoo Dab , nubjoat l o adjndeaeAta of *de Caabact Tiw m 3atirvkW im the CmhW'Do ts. OUWPVWdM tfm', fir I*ndot9ddaa Rgm rokfttofif m to omadal Campiw m on time arfor bmwpmwm&* mvbdm afthe Wbo*) PIA ARTRU 4 CORTRRCT ON 14.1 DO Owner "ply *c (hoz d w C mkm Sum is waatt ftm& fir On Con kwoi's pWmmm of to Coin no Cauma am abaft be Eight hmdred meaty mix hmdmd twelve Dolhts ($ gA612.w ), sd#ed to aMdow and dediiadm ea provided in dee Cbntr=DocumcntL 14J TU Ckmftd Som b based up= Vm Mowing atk mtee. many, whWh ane ducrmad in the CanUud Doo=Mta and at hanaby mvpted by the Own: Okk the wmbm or aMw Wm# aatiarr of a cOMW arftmaW If dw bWft arp Wwd dh=mob peace Av Owmw ib amt now aha mar Ad aeytm rt to dw mmufic" ifft Agrramew, a *d n schs ittc afaudi otker aftunaw sJkn g Alta a x=W fair each Qud do doe wh a Aat r mmd ) AIL 01 -Replace dee 9xWu9p u+vUvWbd decdngwl% ME wood for the m=of S31,864.00. Alt. 02 - Bsid ng bow&vm k edb mclure Mbcemeaat ocaatnagemq forte aeon of $ 3,140A0, J4.8Unitpdcm ifwr. M"O and eta Me ar d prm skk gwao lbaaiAatlons. lTanM to whtclt she writpriae wW be grftcebin) bm Unite =d idmkdm Pdiee W 1N K IS0.00) U dt Pdoes dmU be e6 den dbed is AttxrJ=mt I OfThe CollAp Companies Hid Porn. ARnm,m -Ad vd—guar. G -Mr, Wq=&1987796l.1e6Rin1,1BM199►.40=-IMT11014t gaw�rl�f6tllha/4g1d�n6�dsaf faitA. PIN mm*!.�dllil 1 6.7ftAX Cac�m�rrAl�pmt eNdl�rUE CapyrlpMUwaodh�rmr�7iaM� ll�n�,Ugd�edrwp�edusponae � dg91a9bnohfd•NA noel�oeaeYorM,mig�nwki�e�vasolv9�ndcHndrnlpnirlB�ndwlpb�prm�mlMatafi�mrdmornatpo�:lhh und�r9Miwr.7hbdmm�ewrcnridan �n6ao+a+a an rNeNararrw� aid�rnd ,widknut asnne. maadoaen�t6eea�ordgyliekiwlumin�d.arArd r�v.e�nruaangtiar�d +mb�n odumeprerlelnoemping d 4.4 Allow oces ioladerd in the Contract Sum if or. (ideno nNow unce and shs exi*dmm gf*W fivm the allowance prime,) um Remcv¢/Rdocate Rdstiog COMM/ CATV Box Deccameintion lbastumg Elco nal Tnspsfcr= Price pm) $7,500.00 57,500.O0 ARTICLE 3 PAVMBn 191 MWMB PAYYLBTI'$ Iftl Sowed tipom Appli mdw for Payment eamWitted to the Arvbitcct by ma: Ommagor and Caen far Pgnreet hood by *o Arx6hat the Owner stralL mala progm peymeota an aeca d of the Qmbut Lim to be Cbmhadw a p uvided below and edwwbmv in the CoestrW Doesm a. 13.73 The period covated by aech App1'm im do Payment aballbe arc cdonder mo olb c a ft as the he dg ofthe month, or as Wows: I (i IJ Pxovided that an App%mtion fm Paynat is received by the An bbKtnot Ww limn flee 25& day of a momtb, me Owner AAMMpaymmofdocardw amaem to the Caotractu mt Later limn ore 151h day of the lbUn ►long month. If an AppHcsliem 1'aymant is rreceived by ffiie Ard�iteet aAelr rhe apPliesctiao date faced above, pgmem sbali be made by the Ownw nat toter dw twenty ( 20 ) 4w Am the Ar WDW O&Applicoonfor PsymmL Predsrrai, r or Tocol lam stay pri,ywe t >w�ainfe a rermto patad of $41.4 weds Apron fir P*wmo da be bared ou the most n=ut wbedale of values submitted by ft Coubmicr in socardince vhh the Ca mKt Domnae *. 'LU schoduk of vdmfball allocate> the 0*8 ORUW Sum uncoil the various pwdooa of ft Wo& 7W acbedde ofvsbem shall be pnWwed In simh farm and supported by each dna to aabste adw its aeemecy as the AmIdevor may regaire. Mdq a1e6k udaw oldecMd to by me Auhilect, &0 be amd as a barb; for raWcwiAg the cbeha ar'a AppHadioos JorPqirmL 5.7.3 AM atiaeu for Poymcm dta Aaw the pwxnLap of of aids patina of me Wwk as of the and of flee period eaoomtd by Arc Appliasft forPaysnaot. j 5.7.3 $*act to o6w p widom oft e C mract Domsco ts, flee smcemt dcu& paiop=paymm sbdl be oampnted m follows: .1 Tsk a that pard= of the Combad Samlarop W erlbcebk io ompletod We& as ddormkW by malf plying *a pesevbqe completion deals portion of the Wm i by the dwe of the Contrast Som aid to dum p stim of &e Weds in the schedule of vslm% fess retdoslpe} of the aaWW deaoribed in S 5.1.8 P= --Md( %' j wanting tined dete> MkM"=ofaper to the Owm of dw*m k fire 1 cda ammats ra in dime doU be kobtdad as peasridead in Sectio 73.9 AIA nc►tameat A2pl'x-2007, Goad G`euedi mx u(d* ilwtmjor tmsbucd c% .4 Add mat panicle offlta CauMd Sbmpr+ppmig gkmble to matwith and egzdpmeot dobversd and waft* gored at lbs site far m*mprcnt %pwgdm is the completed cmPO qOm (as, if approval in t advoce by le Owner. sails* aborad offflcs aft st a laafion spud upon in lets retainage of the dualW in S 5.1..8 P=c=tl% -996); .3 SW*WthrqWqpbofpwwnpkvmmbma&bytheOwnwind A Strbteaect aoeocads, if nap, wlriah �a Aasr Lea wireld or mtiiif ed A Comte for Paymmct>tg puvided in Semina 9.5 ofAIA AMI -M. �a�s�rse:,ms+.ttem�lsa+,�reeq:lsa�wrrraer, .�.aamoasgr'naA�..aar.o►r�r aateer aor t>o � ha�preMs9aa1 8�ar�� air RNirt�wThTaafeoaifaaytwasaeebtl6u uFfis isiamew wdwftwwV(mAt dmwdarr& XWOMM -.wdbrA for.�.ihlsdo�s.n�ntNi�o.a�.ebyM�M>.da�n Mae�tr arAAl�a�aralaebaeunaiy, e�ma�►�fot6r npodurad pdorlo Rs<t�proo2 f U.7 nc pragr =payment amount detsrnaiued ib wxankmae with Section S.1.6 shad be fw*er tr oMW andas Ore fallowing to mw .1 Add, upon Subatmbdl {bion of1Ao Worse, a amt safiident to mmm the total paymemis to the ran mrood of do Cm and Sam, leas such amounts sa the Arahited shall determine fear hs.aaaplem Work, M* mrge opplttaeble to =4 wade and mmttled claims; and (AWF= A8 3 c fAU Doo mml A201 -20D7 repel ea ram qf W&Ybk tva=W Wm miaGmm W Cmqpfedm Jof Wbr* with matam ajNOL- v tf myj 2 Add, if fbral completion of the Waste is 6=ohw mats Wly ddayed &moo no fault of do C or, any addhiond #amnmb payable fu weva hmx vitt► Sacdm 9.1Q3 ofAIAD=omem A201-2007. f LII lo&wd a or Umhatk m ofnadn@M ifmy. don be m fiftw. . (Tit to inftafi4 pries- to fir! CmphWIM 4,& avTitt WW* to nmaw or MW it &e mWW W radftom this pwvmftw hwanWinSaxkm11.d1iadS.L6.2aboKand thisisnatarplaisadWwwhffemtheQ -5-1V Dommsm% inaarl leer ep vm isms for mah redu rim or f noofiom ) Prim m tba patgoat rig SD% aocV]cbon, Bre Owner shell withltdM mimmVin to amomat of 10% of cub do pjeet reacbm 50% oamtpWam do Owen shall vvitlahold nota "p m the a nxmww of s% J 6.1.9 EwVt wA 2m OvaWa prior app awL time Caahractar abalf mat maks advance payments to app BM for MdC&ls or egaipaaent wl& hm►a nut bees ddh and and skiftd at ifs vita 62 FK4L PAYWff amMems the entire unpaid balamce oftbe ConbW ,'8m ala!! be made by the Owen to the cbmuocturwhm .1 the Conkacw has filly pa hr med dw Cwd aat owW fur the Cm s amity to oaouI Warfr u pmvkW int Seaham ]2.2.2 of AIA Docpmq#atA2012ta0`!, amd io uthfyoifw requitx nm*, if my, which pttamd bey aatd SW paym=4 and 2 a &W Ce� fkw Paymmtt fru beau immd by the ArddW. 16.22'1U Os meB And payment to tlto Cmgt Am dol be made no later thea 30 days attar fire haaam w ofthe Avchibmt'a final Cafe far Payment, or m fbllovva: ftd papum shall be mule nu utas On two* PM dq* atter to ieauaaae and approval of dw Anehitcc6 f ul Cediftm OfPayrnaat: AR IME6 DIIbPMREBQLiMOR 16.1 IIblTIAL I) f ten The AsxWtaot rviil serve us lmWDadsiom l purnut to Socft 15.2 of AIA Dom mot A201 2007, males tbo pe¢ties appaimt be�av emotharin�r►idusl, nut a party to iltas A,ge+eeeoant; m nerve as initial Daeieiam Maintr. �Ydra � Inert itre a� a mrd otltaremattaret �ora�tmaaet of d4ehrpbkd Dediiwa blarl�, �' o tllae iiis�liilmet, j �, tser, tsar, tss4 Ali, iaE4lsat, tstttsvt, � yast, tasvana2oav��aeuc.ntnsaaet aua?lis Oogwotuua mW c n adllbAa'as loam W dW" Imm 7laaaoaYmwirbaatradbyrisA�aniAnkWh* arAoWbobfrae" vow ardor ria 132 BWMQ MWUT E RE6owTK* For MW Claim Subject ta, but not resolved by, mediation putumat to Section 153 of AIA Document A201-2007, the method of binding dispute neAttion ahoB be as fi]lovva: (M ocsk the appproprlare bar. f4w Owner and Coninwor do sat edest a medood ofbhhft ftndoroubaw bdov, or do not srehWfx ftly 08M In Iof ft 10 a bfii tg dfaPM rew W am ixethod ndtar d= TlIVWay. Clow iw tvlAhe rererituod by man in a court d0mxpWW jWisdkIkw) ❑ Aibkmdun ptusumni to Swdm 15.4 of AIA Docm=t A201 2007 ® Litigation in a mat ofeampetent joeisdiedon ❑ Other. Apo*) ARTICIl 7 T!RllilAIM OR BUSPEF181011 17.17he Cana t may be uvn metead by thea awaer or the Cat� as provided iaArtide 14 ofA1A Docunna A2012007. j 72 Tho Work may be suspended by the Oww ss psavbW in Abiola 14 ofATA DocancuE A201-2007. I LI Whwe n fire toe is made in this Agromod to a prevision afAIA Domoncot A201-2007 or saw Ca *wt Document, nt, the refer:diets to ihn p mvidme as omonded ar snpplomm ad by other pradsi m ofAe Contract Docneneais. $ U Payoenls dere and unpaid under the Cetmttact:ha0 bear interest fmm the date payment a due at the rm staged below, ar in dw sbse uvo bra & at the kgd tate p mvmlkg am tip to Limo at the piaoe where due Pmgm is Jacobi MUW rate ofduterwtWvgdV^ #,Mwj I%permom U no ownee's ptt�ive (Natfart, 4d&M end add l aden) Wdtael Simm AeaistsntDitutor a 561-600-091 SitnaaM�ltbtLus Boynton Boseb C=M nky Reft"dopmal Agency 710 N. Fedwid Hwy. BoYalon. Bawk Rod& 33435 Boynton Beaab, Fladdn 33435 1 ILA The 't repmmtzdve: (1"os ad&vw iwd arka h&natI4 David 3Ymdad% l' oet IdsnW 0: 4074129-2257, D. 561462.2713 dkindade@wIlsipuse.aam Collage Dente and Construction aunA Inc. dba The Colimp Compmd a 505 Terbnolagy Pack JAW"W, FL 32746 J d.S I+Feidw the Owner's nor tits Csrsttae f sspr ve shall be ed wldhM tm days vrritbea natio to the 41 odwporly. INt AAM—wonlASK=-2W 0tAt4�MILI0P�,10f. YUM.lot Isel'Inkup. itgaf W7.lei',W, "of Aidet�.All�nlM�YleE Y�e7l�IYIA'tSaaanril i�pareYe uyti.Slawone�7lgrliLttp�ioehrdepeae�eCbNa **%WMaf*&XA*0WWMi*vvMWp, N -+ alit WAbrmy ftklywlurt �ndeiieln�lpKal6�or�ewU4�pro d[e moi4napnaodnAp B +fornait�ThYde4e�risdAneld�oloiYeMofA�sl�ettaxv�o�tnm'e�oterrepe�peerlpi •Mid�anat U Mor ons: PURLIC CORD S. The CRA is public gpncy subject to Chapter 199. FkAlm SuLulm. The eo*actnr shall comply vfth Florida's Public Records Law. 5pedficslly, the contractor Ww t: I. Keep and maintain public retards that ordkwty and nscemadly would be required by the GRA In order to parkan the service. 2 Provide the pubdc whh access to such public records an the same temre mid conditions that the CRA would provide the records and at a cost Ibmt does not exceed the provided In Chapter 118, Fla. Stat, orae otherwise provided by Law, 3. Ensure chat pubilmoords 0M are exampt or that are con1derlial and eaamO from pullet nmmrd requlremerds arc not dlsdosed except as authorized by law: and A. Meet as requbewmmis fir retaining public records and transllerta the CRk at no cost, A public records in possess Ion or the contractor upon iernrird" of the contract and destroy any duplicate pubic rem ds drat aro exempt or conlidental and exempt. All records =cored electronically mast ba provided to the GRA In a format that is compelibj& wft c the Irrlbrmatlon %ecturologyeys6a m of the agency. The failure of the aorrlreclar to comply wMh tha provisbns W farm in this agnwmw t/tantract da axwdtrae a Deflrtllt and Broach of tits AgrasmenL 0 Contracfar fats to cure the defiull within swan (7) days' notice from the CRA. the GRA may tamlrrsta the Agrearnant CoMrectar hereby forever waives, dieclmrps, and reissues the CRA, fere aguft and ft employeas to the fullest extent the law slows $om any Imbilsy, persorsl Mury, or dornaege sustaln®d by the Cm*adW wising out of or In connection star performance of I* cormacl. ARM E 8 BMW= OF CONTRACT DOMNEM VIN 10.1 The Contact Dosmaca k except fir MaM=*= famed aim a ccudtn of blas AgremnmL we mnetrastnd in the sorliambelow. SQ1ir", i !i M 11a Agnesaft Is 0& eammod ALA Davar a>t Al01 tam, SurAndPasm of Agneamaat Between Owner awd Cochlactrr: I L1,2 The Gonad Conditions are AIA Docmmat A201-2007, Gm=W Conditions of the Gmlract t'or Cionstravllim LU The Supply trod other Conditiass oft a Coul tact: Dgcnntettt Tape Das Po" BBCRA RFP Document and SpedQaations............. ...... ....[aeons Date QtiJi7!16......................... 31 pages j&1AMm Sp Wfim*mc (EAwlid OW49mroaattomhem orm erto oa orbitft auochmdro ri*& Asramm 1 HBCRA RFP Doaemem A SpaaErsboms.........„_ ._..,..lie Doe: 05117/16 _ ........................3I pager Trice Collimp Cmpadmm Hid Pacloige.._ .........................Dated: 06I�3/16..........................»_....7Q page, Soft TUie Dab Pape left +YAtlaaoallotA101TM-7NI7 Lip Eg1l1�.'ItH%=J,UP, '1Yit.SKIM. iYe =7 iBKIW7,1ee7,1e91,ieWarld�D7tt11hDAr�ArsrtMeliAed Anhlrad�AeerapAs�errtad.Y�11�sIlU�'rognnrrnfkpro��dbp►E�Ia�fep7�r�+fUwindYrgeuiar�r171rr1�tllnuitr�rpYiofona► r dl�trlLrMletior�lslrlR� arrirat.�ranl►�orq�rAa nM9rrwulkansetirrttd rndcwi s�lpt�ree�,artl I»�biar�e�egr MaluNpool& undverrt=T&dmmWiNotisarW onaTIMSM160 immWO m�so� IMAfloounar&-m adernamlaOAeB�O ,00110ot IXM@BN.7hfrdOcWVMIBM N=dbYMPJ.pl�eon. f 9.1J The Drawings: (Efrher Ikr the Dra:u ftx fieri or rej'h- tO an n*tbfr ar asked to OtirAgTMwit) BBCRA RFP Prajeet Dem PiwL.....................Issue Date. 05/17116 .........................90 page Number lido LII The A,ddoode, ffaar. Number BBCRAA RFP Docomeut & Speeifladans - Addrnds One B'BCRA RFP Docom m & Spwificatiow - Addeltda Two Dedta One Drivany Isle Repair Striping Plan Who PRO" 05/27/16 9 06/37/16 78 07/0$/16 1 Pagan ns of Addenda mWiug to biMug ro phimenta we not part of the Cw*4d Dooamemb ualeeo dw bidding reguinm oM ane also ammnemsW in dik Article 9. 4 U-7 Addit wd docwoer*6 if any, forming petit of trite Coptrod Daces:, .1 ALA Dacumvm E201 XM. Mgitd DdR Protocol >3xW'bit, if couopleeed by the p"es, or lite followipg: Othar doctsmezft if szy. Bated below: (liar Jute dAY add/ttoAWt Am m"O AW are IWMW to ftm pmt ofthe Conft as Daawsrom AU Document X1201-, DEO7 pmW*# than bid&q jvgmh @am mid as adw*=mw or 1nf&Wm to bfd JwteMmxa to Bid tm. sm*kfoom mnd Lice Cottrnrmr s bfd dm uarpertt of rhea Cvn*wctDacrw=& wkw =amwmreed Jit this Agr,aaax wt- They should be rwArd hent curly Vit oukdto be part yf the CGN"d eats.) AfADamrnr�tMN��9atl'i. 07a7B,1e1861a86s'IYDT.91�1.1ie6.1e91,'1e�1ia7.1a74,,19�r.10e� i99'I,iB�andg00r1�71�JYurkstitraWa[ hd�,Q00fe MOLMq AMM. 1Wft- NO419W6bftdbyLL'&. UWAMhWmdfoprwistlooff 8 dlsAfaatlandttde/Ilf► naerr�Ma�nraarpwaonarR+pUfrasu>tlnwrrndd�an4I wWp�oMa�Midfailw Anu�nal� pe M 1 tar nesNa.7'tdcdoaunmtie Aea+ard an �e of ArclWega raran!!t'� _ vea adhrd wA and � he =9 "M tnd Baal ARTICLE ID INSUl:ANCS AND BONDS The Coatmaor"pu vbm and maiWain kwm =w arid peovide bmb = Set fatb in Article 11 of AIA Documalt A201-2007. Arte bomrw mgwvmoW, If am' and 1h0m ofhabOyfor mmorarxx required JW ArWe 11 ofAM Docm m A201--007, Type of Insurance or Bond Lb* of Lkbft or Boa Amowd PUD) Payment A Performance Bcad 100% of 000ftot amWMt hWJD ive OfSM AWWnonb hnW, Ca toots of immum (U% As ate. dated 7=16 CNtii=M of lnmetr== WIC AS VANU1104 dated 7/?A/16 TWs Agra mat =heed imam as of the day =W ym fkd wAMm above_ I 4-rG, 6it;roWO-immA.YCBO mad and (maw x m aid mile) AlAtlocur 4A"1m-2W C;,m a"%"T1,1muW;W.low "I"A081,IW.ioKwi iw.1ee4,Uwmw2wbvlhllnlNk. w4m d aati�,Ae�Mengn�ell�c,wnnwi�paa�narop+tk� r.patmwwrtwr�,0na+ri.r�O.61nr�axAerroar g MMMIG 1&=W mYdtAmdi�sAli{� �ad�w�,awo�ji�a�aal�,ane7►rye�ltin.ww. araaina,wiw�irrwMfre. a�a,lriNre�.praa0euwdalh.r�ao.od�iEw�01. r b iiawii0t0orr a Ain�laen d Tnr►ardtnWw w dAu► a�drno. 880088 4 .a�d0<ne� For aMl► ase nurnett»epredumdpnora0eaap+pbftL Document A201*- 2007 Genera! Conditions of the toaftd for Consfrucdon for"talloaft Hwamr, Oftwo d locamm or aawm) Boynton Hatbw Msrins Ph lB-Open SPcr &RnsdvtW TMPMvaW* 116 dear Mwft Ifs inpa *W lMW 700 Can LMWB0wlCM4 Boynton Bea* Florida 33435 awasque M& Caf- Wwfti so on atom" b afoaraMd uffi . mMed to tis mffgiWm or atodMwae. THE OW M , (AW m kdMW w and atidnaa) B"Mim Be" CMUMMftyRa&wkpmmtY 71074. FedaW H *mw BoyWw Bawk Florida 33435 THE APXMTECP. oftR* mal awr wwgwda va) vim w $ ROWOM sbeek Solta 300 Orlaw1% Florf is 3=1 TABLE OF AIinMA 7 MEMPROVIBIM s OMIER 3 CONTRACTOR 4 ARCHITECT S StWCONTRACTORB S CONSTRUCTION BY OWNIM OR BYSEPARATE CONTRACTORS 7 C11ANM IN THE WOW[ S 7w 9 PAYMENTS AND COMPLJETION 19 PROTECTION OF PERSONS AND PROI`IW f 11 INSURANCE AND BONDS It UNCOVERING AND COMMON OPWORK 13 MISCELLANEOII3 PNIOYISION8 14 TMKATION OILBIISPENMOAI OF THE CONTRACT 15 CLAWBAND DI VMB tttlt. 1ty►ttiooaw.allfot�-� ee�neo�troer aat�. Tae, >� ttntr, tet, aee, y>tat. �oa.tae,,'�arere, an. �er.na�oaor>,ynr�nreadn 6witulsatA�rJ�lede.�tlle�lih YMilRlral�:'iir.Au tlau.,wti.terle�e�us,t�ranatwfn,1u�...�n�ra ,� dtdenafsds dweuon m lUl►� Me�1, ar�nypapoa nflt, ear r�itin wwn eirN rbttandwi�tw proraprid�ilr�amtl�ee�m .orbipaft"uh*w .bw Mt *=Mkwtwwa+toaaoMaMMftwM wftftw" frw adereo �0o e. .eaaantfon.d..7tasim asaltAOsrre, €A INDEX (Tapia and mmdma in bold ars secdon baa dings.) Aexqftact of Nobeasifarsoing Ww* 96.6.9.9.3,13.5 Aare of Wa* 4.6,6.9.82, 9.9.3, 91x1, 9.103,12.3 Awes: to Wak 9.16, 62.1,12.1 AeeidW Pmvm dm 10 Ads And Owns 32, 332, 3.12.6, 3.I8. 4.2.3, 8.3.1, 95.1. M23. 10.2413A.2,13.7.1A 1. 15.2 Addenda 1.1.1, 3.11.1 Amditiond Clams, Claims for 3.7A. 3.7.5, 6.1.1.7.3.7.5,10.3,15.1.4 AdMdewd Iogmdons and Tem 9.4.2,9.8.3, 12.2.1, L' 13 Add ionO brxed MIA AddltlmW Mou, Claims alar 32A.3.7A, 3.7.5,3.1 U. UA JE61S A tk a ddw Cmdm d 3.1,3,4.1, 9A, 93 Advam dummnt ar kvbWm to Bid 1.1.1 Aad o k Fffod 4.2.13 AHawamas 3,8, 73.8 A"vk lnsaraaco 11.3.1.11.3.1.1 AppHmdmforPayjmwt 4.2.5, 7.3.9,92,9.% 94.9.5.1, 11.1.3 AWmy 2.1.1.2.22, 2A, 3.1.3, 3.102, 3.12.6, 3.129, 3.13.10, 4.2.7, 932,135.1 83.1,11.3.1413.1.1.1532,ISA 4 Axehibect, Defimfflm of 411 Ard dual, SAbw ofAufw ty 2.4,1, 3.12.7,4.1, 4$ 52.63, 7.12.7.3.7, 711, 9.2, 9.3.1,9A 9.5, 96,3, 9.8, 9.103,9.10.3. ILI, 12.2.1. 13.5.1.13.5.2.1422,142.4.15.1.3,152.1 Arddtwd LbgWms ofAu&a* and RopooMW 2.1.1,3.124,3.12.8,3.12.10,4.1.2,4.2.1,42.2, 4.2.3, 4.2.6.4.2.7, 4.2.10, 42.12, 4.2.13, 5.2.1, 7.4, 9.4k2.9.5.3. 9.6Ay 15.1.3.15.2 A=WWWs Additlanai Services sad KV=ms 2AI,113.1.1,122.1,13.52.13.3.3,142:4 Archited's AdmW"cn of the Coamt 3.1.3,4A 3.7A,19.2, 9.4.1, 9.5 Ardub Wa A"mvals 2.4.1,3.1.3,33,3.10.2,4.2.7 Am3dw'a Aum tuP*d Wa It 3.5.42.6, 12.1 A 122.1 Architect's Capyrip�rt 1.1,7,1.5 Arabho 's Dem 3.74, 42.6, 42.7, 4.2.11, 42.I2, 4.2.13,42-14,6.3, 7.3.7, 73.9, 8.13, 83.1, 9,2, 9A.1, 9.5, 9.8.4, 9.9.1, 13.52,15.2, X3.3 ArdeiuWs lmpediens 3.7A, 42.2, 42.9, OA.2, 9.83, 992, 9.10.1,13.5 ATdWbd's hokodow 32A. 33.1, 4.2442.7, ]3.5.2 Ar~s to cq ae wk= 4.,%11,4.112 Am*hWsPmjedR Wive 42.]0 As&McWs Rdatiaos4fip wS Cmkacwr 1.1.2, 1.5, 3.1.3, 322, 3.1.3, 32.4, 3.3.1,3.4.% 3S, 3.7.4, 3.7-5,3-92,3.9J, 3.19, 3.11,3.12.3.16,3. 18, 4.12, 4,13,42,52.6.1% 7, U.I. 9.2, 93, 9.4, 9.5, 9.7,9,9,9-9,102A 10.3,11.3.7,12,13.4.2,13.5, 15.2 Anftmem RdpdmWM wi& So monhq kn 1.1.2,4-2.3,4.2A 4.2.6. 9.6.3,9.6A 11-3.7 Asp6stect's Ticpr+ee�lians 9x4.2, 43.1, 410.1 wadi bsrt's Sb Vitus 3.7.4,4-2.2, 4.29, 9A.$ 95.1, 99.2, 9.10.I,13.5 Asbestos 103.1 AUme7e Fees 3.18.1, 9.10.7,1033 Award of Sept Co MM 6.1.1, 6.I2 Aww d of subesmteii o Acrd odw C*Mtruft fw porde of the Wads 52 Heade Dellm�Oas LI Bidding RequlresAp�is 1.1.1.52.1.11A.1 ids R�esalmlm► 9.7,1].39,11.3.10,13.1.I,152.5,152.6.1,15.3.1, 15.3.2,ISA I Holler A" Merry ilsrmanee IL3.2 i3mk Iaao 7.3.74 9.10.2, 9.10.3 7.3.7A, 9.6.7.9.10.3,11.3.9, 11A Bumiog Permit 3.7.1 r1fA�ap�tAl�I'M—�eT.Qapyriphi@it1D�1111.'19t6.tefai'DA�.'[e9? tf�1.7YN,9eef.tee9,1ie6,'�e0glYil,18DT.fei7eldi�L�r711elh�Idn b1e�pleefA�1+R91da.A��lofAetrunveA WANMme8:71dsAWGeaentl4p�uld�rU.8�6ghtia�randla6ered7rq�iir�.i�aulhar�ted, 2 dadmwdkWbA asiftAWU@=mw4aranyPeMmal14mwmailInawesdWandwb"ponft.wdaMbsprodisaumu4wm i ft* pra *b and waw law TW deaananlrasenefad ee 07Hmis iomm blrtne ofAiA�sueM on•pantend enlrt roe ZDepe . *rdibnotforaeple lliedoo�arwnkileerrAsdbY llena�Irs0 1 CfAmlirerieran♦krollaeu�y,sodn>�nne�ra�piotluoadpAoMotR Corffiaate of Substmiiel Compladon 4.83, 9.8A.9.8.5 Cali mta br ptymmt 4.2.1, 4.2.5, 42.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.5.6, 9.7, 9.10.1, 9.10,3,14.1.1.3,14.14, 15.13 Caitfc" ofhgm;fm, Taoftg or Appmvml 135.4 Certificates Of lfowxm m 9.10.2,11.13 amp Ordwo I.1.1,2.4.1, 3AA 3.7A, 3.81.3, 3.11.1, 3.12.8, 42.8, 523,7.1.,% 7.1-3,7.2,73.2,73.6,733,7.3.10, 93.1. 9.3.1.1, 9.103,103.2,1).3.1.2,113A,11.39, 12.13, 15.13 Clump Ordwi6 Defiddm of 7.2.1 C)Blillqm ];lei TM VVM 2,2.1, 3.11, 4.28, 7.73.1.'73.1, 7A, 11.35 Cbdw,DcsAdmof 15.1.1 CLAW AYMD 3.2.4, 6.1.1, 63. 73.9, 93.3, 9.1 CA, 10.33, 13, ISA Cis and Tim* Amwdm efCbdms ISA.1 Llnhsa forAddlllwW Cost 3.2A, 33Ay 6.1.1, 73.9,10:3.2, MIA Cldms faerAtldHlmea Tbw 3.1.4.33A6.1.1., 8.3.2.103.X M15 Conceded ar Udmewn Com*kmii, Clelas far MA Claims forte 1135,11.3.7,14.13,14.2.4, 15.1.6 Claims Sabjed to Arlutratim I5.3.i,15A.1 Cbsubs DP M% 63 CemBnmb»neut dew Warty Coedit = Relating b 2.2.1.3.22, 3A.I.3.7.1, 3.10.1, 3.12.67 5.2.1,5.2-% 622.5.1.7, 8.2.2, $3.1,11.1.113.1, I I3.6.11A.1, 15.1.4 Caam a mmtatt 0f 6m Wmlt, Definitim of 8.1.2 Cesoannalnfiebas Fadfttkg Centrad 3.9-1,4.2A aembpled m. C=dbiaafa Rd4fing to 3A.1, 3.11.3.15, 432,4.29, S.Z, 9.4.2.9.11, 9.9.1, 9.10,122, I3 7,141.2 C.OUMT$Olr1, PAYMEM AND 9 Compledm% SubmmtW 4.2.9, B.I.I. 8.13,1.2.3, 9AZ. 9.8, 9.9.1,9.10-3. 123,13.7 CmtPli nW'%if IAws 1.5.1, 3.23, 3.6.3.7, 3.12.10, 3.13, U.I. 9.6A, 1p.ZZ 11.1,11.3,13.1,13A,13.5.1,13.5.3,13.6, 14.1.1,14.7.1.3,152.8,15.42,15.4.3 Caucod ed or Udknown Casae 33A, 4.2.8, 83.1,10.3 Conditions of c Cotmad 1.1.1.6.11, 6.1.4 NOW Written 3A3. 3.7A, 3.124 3.14.2, 4.1.2, 93.2, 9.8.5, 99.1. 9.10-2.9-10.3,11.3-1,13.Z 13,42, ISAA.2 CemooMtiam or Jobder 15.4.4 BY OWNER OR BY BBPARATE CONTRACMU L1A, 6 Conshmedom C up Dkwft Da&dft of 7.3.1 Co>adr+b cdwC6aupDhwdm 1.1.1, 3A.% 3.1x.8, 93.1.1 Cmmdracd m Sabodu K Cmetn ws 3.10, 3.12.1, 3.I?.2, f�1.3,15,152 Cwt Aerlpmmt of Nmbe atmcb SA, 14.222 Cabuduft Ceafract Pa*rmance is" Comrac , Dafiddon of 1.1.2 COlr. TVACT. TBRiY MTIOAI OR SON OF TEM 5A.1.1. 113R, 14 CaatrmSA doff 3.13, 4, 9A, 9S CwtmdAwardandIbteto%t6 Caedl+llaneReldemto 3.7.1, 3210, s2.6.1,11.L3,11.306,11A41 Ceemrct 1)ommenta, Copia Fwaidod rmd Use of 1.5.2.22.453 Ceafrad Docam e^ Dail ddm of . IAA CauterAd 13bm 3.7A SJ4:5.23, 71, 7.3, 7Aq 91, 9A.2, 9.5.] A, 9.6.7.9.7,1032.11.3.1,1424, 14.32,13.]A, 152.5 Cp�'ad Stbma, Daflnitign of 9.1 cont[aok'15me 3.7A, 3.7S, 3.10$ 523, 72.13,73.1, 733, 7A. 8.].1.&2.1,93.1.9.5.1,9.7,103A 12-1.1,14.32, 15.1.5.1,1323 Cauca Time. Dofinift of 8.1.1 3 Cowbmcior, itiaeimidon of 3.1, 6.1.2 CU&Bdoes Coadq uam saw%" 3.10, 3.12.1,3.12.%%1.3,15.152 JWIbDe�awi.d A1at�-> rteee,iefi, rata t teen. uat. rase, teat. "mum wo.16m tae>•. tee,Twwtvmm 0 1 1pin I wn drdrAMIN 1aa��+ems .1&wtposonaLmdwthtknfib.dmxudvaeenidadcROM et61underftft nefNA v*rne 2" m0 4. end hroltenNale.711tsiR a�raedToy�faAn�bulim6i�rdAbTise1t111tW��rua onj� aid ary+lr!!ss wprad+eedPMdrbAraaapka� ,sB t� bAL 1 coouo*es Eizpioyou 33.2,3.4.3.3.8.1,3.9,3.18.2,41.3,4.2.6, 10.2,10.3. 11.1.1,11.3.7,14.1,14.2.1.1 Contraa:�bat�'s IdahlBy► Iasoraaee 11.1 ConUwkw'o Rchtna hip with Scpuate ConkWm amd C wines Form 3.11.3, 3.14.44,2A, 6,113.7, IM21.11M Canftc es Rdstlt t widb Subcombusm 1.2.2,3.3.2.3.18.1,3.18.3,5,9.6.2,9.6.7,9.10.2, 11.3.1.2, II3.7,113.8 CO es Reluk=bip with the A h tett 1.1.2,1.5, 3.1.3, 3.2.x, 32.3, 324, 33.1, 3A2,35, 3.7,4, 3.I0, 3.11, 3.12 , 3.16, 3.18, 4.1.3, 4.2, 51, 62.2, 7.8.3.1, 92, 9.3, 914.9.5, 9 7, 9.8.99,10.2.6, 183,113.7.12,13,5,15.1.3,15.2.1 Cantiumes Repumhdm 3.2.1, 32.2, 34 312A 6.2.2, &2.1,9.3-3,9.82 Canbotcbor'o Xcq= ld''tlty lbr Thw Puff mbZ the Wool 3.3.x, 3.18, 5.3.1, 6.1.3,11.1.,' 95.1,10.2.0 Coaataut ea RrAm of Combad DaCama uls 31 MMactor"a WMW m S" the Wodc 9.7 Cofocmes InttoTia*e t munct 14.1,15.1.6 Con motar'o Submktob 3.10, 3.11, 3.12.4, 4.2.7, 52.1, 523,92,9-A. 9.3A 9.8.3.9 91, 9.10.x, 9103,11.13, IIA2 Conbackes Bupwkdudmt 3.9. 10.L6 Cmtractar's SuperaieWnacrd Cambu:timFlo 1.x3, 3.3.34 3,1210,42.2,, 427, 6.1.3, 6.2.4, 7.1.3, 7.3.5.73.7; S2. 10, 12,14,15.1.3 a; oQtuwuml Lhbifity Iaam=oe 112 CooWh adaao and Cmmhtian 12, 3.x.1, 3.3.I, 3.10, 3.12.6, 6.13, 6.2.1 Capias shed of D mwiaes scrod Spedficadoom 142.25.3.11 copidgla I.5.3.17 Cu>redon of Woaek 23.2A 3.73, 9A.Z, 9.82, 92.3, 99.1, 12.1,x, 3x,2 Cwrdaal4am ami bmW *Rile Caatraaet nommmk L2 CmA Dafi*lm of 79.7 Casco 2A.1, 32A, 3 7.3, 3.8.2, 3.15.2, 5.4.2.6.1.1.6.23, 7-1.3.3.7.3.7.7.3,k 73.9, 9.10.3,10.31,10.3.6. 11.3.12.12,12.2.I,11.3A,13.5.14 Caottiag eW Po g 3J4,6.2.5 baDlage to Cangmcdm of Ownw or Saaparm 3.14.2,62A. 102-1-Z 102.5, 10A. 11.1.1.11.3. 132.4 DamW to 6c Work 3.14.2,99.1,102. LZ, 102.5,10A.1,1133,122A DEMSM, Clavi = for 3.2.4, 3.18, 6.1.1, 83,3, 9.5.1, 9.6.7,10.33, I1.1.1., 11.3.5, 313.7.14.13,14,24,15.1.6 Dmojxs for Da1ay 6.1.1, 8.3.3,9.5.1.6,9.7,10.3.2 Daft of Con meaeamamt of tke Want, DWb d m of 11.1.2 Date of SobxftwW C. on, Defthionef Lf3 Day, D fiWtlon of L1A Daae em of ft Avekhect 3.74, 4.2.6, 4.2.7,42J 1, 4=2,42-M 152,6A 73.7.73.9, 8.13, 83.1, 9.Z, 9A, 9.5.1, 9.SA. 99.1, 135.2,14.2.Z,14.2A. 15.1. 15.2 Dedrloaos to WAhold Ord8cstien 9A.1, 93, 9.7,14.1.1.3 Ddacthne or No woaota mft Waris, Ampftm Rejeodw acrid Can on of 2.3.1.2 4.1, 3.5.4.2.6, 6.7-5.9.5.1,9.5.2.9.64 9.8.2, 993, 9.10A,12.2.1 Duffnitiams 1.1,1!,1.1, 3.1.1,3-% 3.12-1,3.12.2,3.12.3.4.1.1, 15.1.1.5.1, 6.1.2.7.3.1,7.3.1,8.1,9.1,9.8.1 Ddw and Fact>elor bin of Time 33, MA, 5.2.3, 7.2.1, 73.1, 7.4, 83, 9,5.1, 9.7, 10.3.2, IOA:1,14.3.2,15.1.5.15.2.5 6.3,7.3.9,15.1,15.2 Dommmb a" Bmqft at the lie 3.11 DmwbgM DeliWOm of 1.I.S Dawho and S'pedfushm, Use and Ormrnea * of 3.11 BMWvoDdc afh mnm m 8.2.2,11.1.2 18,4,14.1.1.2, 35.14 impkives, cknimmes 332, 3A-3,3&1, 3.9, 3.192, 43.3, 4.x.6,10.2, 10.3.3,11.1.1,11.3.7,14.1,14.2.1.1 Pmt, Labm Matwbb m 1.I3,1.1.6.3A4 3.S, 3.8.2,3.8.3.3.13, 3.13.1, 3.15.1, 43.6.4.2.7, 52.1, 6.2.1, 73.7, 9.32, 933.9.5.13, 9.10.2,10.Z1,MIA Mal.), 14M].2 Rum" and Pmpm of ileo Wank 1.13,1.2.1, 1.2.2, 2.5.3, 2.2.5.3.1, 33.1, 3A.1, 3.7.1. 3.10.1, 3.12,, 3.14, 4.i, 6.2.2, 7.1.3,7.3-5. 8.x, 9.5.1, 99.1.10.x,10.3, = It% 14.3.I,15.1.3 MDmm dAM'r-XW. CoppW * I8W 1911.11MC6 i41i1. iii. W ISM, I@M 1sia1. 7sep, i9M IBM WO. 'lefr, IM m daW by TM 0 1uen IMMLft ofW Atl Oft eurwd. HI MWM- M&AW W OnvowM6 pfd Wj UA. aiopyd&k law erNatMmnAnonAa 7natiw � 4 dutien ew ea W. AaA° Dor�enwd. Ar�1ey paaBww +�! at nany aesraer� ea�a Analurerlpraldeo, anelrelL b. ay1iM, ebrd,mre .tpa.etaat�na�n�.aw..rn�doav�t+�w.arwa�naam�orls �aaaeaol �,�a.ren.lermsa�unm�mrm.a�-o�,.�aaara�.�noos�. endb.mtbrmud&TWdowrnaaarMWWWhVftAmAdaenkwftdeQfh foroA►fm mo*AndAwl notboopmdxmdpdorbata41momR Extendow of Time 3.2.4,3.7.4,5.2.3,7.2.1, 7.3.714,9.5.1,9.7,10.,3.x, 10A.1, 143,15.1.5,152.5 Faift" oilsym d 9.5.13, 9.7.9.10.2,13.6,14.1.1.3, 14.2.1.2 pwity Work (See Dcfcod" or Noncm&uning Work) Float Com and Had Paymeat 4.2.1,4.2.9,9JU,O10, II -M 11-1.3,11-3.1,11.3.5, 123_1.14.24,14.43 Financial Arunlgmnemi, Omes 22,L1322,14UA Fine and �clandeli Cavmttg+e; Inearance 1I3.1.1 CN1SBAL PWV1 UDM I Gavardng Isla 133 [itimamateea P' Warty) IIx MMIM?bb 1024, 183 id ion of $Wkoohu*n nd Snpglim 5.2.1 l- I df1a111n 3.17,33k 9.10.x, IIL33,1035,103.6,11.3.1.2, I1.3.7 bdbrmadon and Sernlm Required of the Owim 21.2.L2,3.2.2,3.124,3.12.10,6.1.3.6.1.4,6.25, 9.6.1.9-6.4,9-9-2. 9.10.3,10.3.3,11.2, IIA, 13-5.1. 13.5.2,14.11A,141A,151.3 M DdW DedAw Maker, Ddnithm of 1.1.5 hides Dot= M41cn;. Decision= 14-2.2,14.2A 15.2-1,15.2-2, M23, ISIA,15.2,5 IndW Domtw Makro, Emd ofAu&mtyr 14.2A 14,2A,1S.I.3,15.2.1,15.2.2,15.2.3,13.2.4, MIS uJuryor Damage to Perron or Properly 103.5, 10.4.1 hopoodow 3.13, 3.3,3.3.7.1,422,42-6.4.2.9.9A.?, 9.5.3, 9.92, 9.10.1, 12.2.1.133 lne#raoticitl to Bidders 1.1.1 boructhm to the comuackw 334, 3.3.1.3.8.1, 5.2.1, 7, 5.2.2.12,135.2 1xibmN entl of SWAM NOW= of 1.1.7 Inalrance 3,18.1, 0.1.9.3.7, 9.32, 9.8A 9.9-1. 9.10-2. 11 Inlnr mma Hosier and Madduwy 113.2 I nmraaee, c mt] mb e s IJia611ity IL1 laiml3mm e, Effimfift Do* of 8.2.2,11.13 Imars"k Lem Grua 1133 la mme, Owner's Lla6ility 11.2 lute nw1e, Propertjr 10.2.5, 113 InouanM StonedMatWall 4.33 IN1 URANCE AM 110MOS 11 bmunce Compuk4 Cmmm to PWO&I OCCRO y 99.1,, low of the Conha t Docummb 1.2-1.42.7,42-12.4-2-13,7A l<nf~ 13.6 bmwelades 1.2.3, 1A. 4.1.1, 5.1.6.I.2,15.1.1 4,2.11.4.2.12, 15.1.4 hdgmeut om RulAvxM 15.4 2 Labor and Mstwrl* RquJiment 1.1.3. MA 3A, 3.5.3,5.2, 3.8,3, 3.I% 3J3.3.15.1, 4.L6,4.2.7,5.21,621.7.3.7,9.32.9.33.9-5.1.3, 9.103.10,2.1,10.24,14.2.1.1,14.2.1.3 La6ar Dhpulm 63.1 Lm and Aegulatiow 1,5,313,3.6,3.7,3.12.10,3.13.1,4.1.1,9A4,9.9.1, 10.2.2,11.1.1,11.3,13.1.1.1314,135.1,13.5.2, 13.6.1,14,15.3.5,ISA Lim 9.10e4.15.2.9 Limit done, of 12.2.5,13.7,1514.1.1 Umbdm oflaabiHtg► 2.3.1, 3,3.2, 3.5.3,12.10, 3.17.3.ILI, 43.6, 42.7, 42.12.622, 9A%9AA, 9.6.7,103.5,103.3, 11.1.2,113,11.3.7,12.2.5,13,43 Llmltattam of Tame 2.1.2,2.Z 24.3.23, 3.10.3-11.3.12.5,3.15.1,4.z7. 52.5-3-1,14.1.6-2A 7.3, 7.4, 8.2, 9.2, 9.3.1.9.33, 9!4.1.95, 94 9.7, 9A 9.9.9.1% 11.13% 11.3.1.5, 11.3.6.11.3.10,122,13.5.13.7,14, 15 Loon dU4sI[mmee 11.33 mmww OURAM 15.3J2.1,4.2A 43.6, 5.2.1, 93, 9,x4.2, 9.6, 9.105 Mater 06 Ekam and 10.2A 103 Mateeciale, Labor, Bq*m mt and 1.123,1. A 1.5.1.3A.1, 3S, 3.5.x, 3.8.3, 3.12, 7.3.7, 9.32, 9-3-3,95-13- 9.10.2,10.2.1.2.10.24,14.2.1.1. 14.2.1.2 "immmrt "'o— ow. oww" Um 7x11.1176 14111.76¢1„ 1M.1i11.116i, tial. 7618, io6 W06 mm =I 7647 and WIVIM AtNrfwn Ma�iaulAlgllkptJl6�ti+pwM•d. 114111�111,: "l�,FFAr telRid 1111 � Co,1gp�Ittln� ers+Ildsroset�l3Mi�M�s. -0�Amr�,i�a�1y. d�tb:amr+1�1t16unbeta,G'F�ksa1111 �Il,a�a�ny�a4an�l9l,am�r�lte�+ee��iebaed�!nlheai�sill�,a�ralt�►+r�rs�i4�11��, oebeetPqu�sl�a eaeiar I,rnr.Tli� doaane�aWrsawdrdan 0iA6Gt0I6 ie� 01 uidm Hie le+ o�AIA olMF& 200MMM. andfRnd4Cns�ir.'Medopmw[isler�ed bYpoMbiken Inel�asd14di1eds8re�•gaews�a�mgMh�+ppod�wlpdorbi�mgq�r+. b— fift Mcam, Methok TccbWquu. SMpmom and Prosed" a of CondwCa n 3.3-1. 3.12.10,421,4.2.7.9.4.2 Mechanic's Lien 2.1 „2,15.2.$ Mediation 83.1.103.5,103.6,15.2.1, I5.2.5, 15.2.6, 153, 15A.1 1MIi W Changer In fie Work 1.1.1, 3.12.8, 42.8, 7.1, 7A PROVISIONS 13 Mom, Don of LU Mods "dons to the Canhact 1.1.1. 1.1-% 3.11, 4.1.2„ 4,x.1,,,5.23, 7.83.1, 9.7, 1032,113.1 Mvtual xRqWWbWY 6.Z -1---nhruftWorn,A=qdaaceef 9.649.9.3.123 Nm Ornting Work, Rq*lfan and Correction of 2.3.1, 24.1.3.5.42.6; 62A 93.1, 9.8.2.9 9.3, 9.10A, L2.2.1 Notice 2,.2.1, 23.1.2.4:1, 322 33.1, 3.7.2, 3.12.9.5.2.1, 9.7,9.10,10.2.2,11.13,12.2.2.1,133,13.5.1, 13.5.2,14.1,142,152S,15AA.1 Notice, Wr*m 2.3.1,2A], 33.1.3,9.2, 3.129, 3.12.10.52-1, 9.7, 9.10, 10.2.2 103,11.13,11.3.6,123.2.1,13.3,14, 15.28, I5A1 Notke arcial m 3.74,1028,15.12,154 Notice of Teat" and I gmwoas 13.5.1.13.5.2 Observations, Coaftectoes 32, 3.7A Occupancy 22.2,9.6.6,9.6,11.3.1.5 Oft, Wi*M 1.1.1, 23, 3.9.2, 7, 8.2..2,11.3.9,12.1,12.2.2.1, 1333,143.2 OWNER Owner, DaFmitim of 2.L3 Owner, In%atlon and Swvka Bagnired crew 2.1.22.2,3.22.3.12.10,6.13,UA. 6.2.3,9.3.2, 9.6.1, 9.64, 993, 9.I0 3,1033,11.2,11.3, I3.5.1, 13.52,14.1.1.4,14,14,15.1.3 Owaees Augfarity I.S, Z.1.1, 2.3-1, 24.1.34.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2.4.13, 4.2.4, 4.2.9.5,2,1, 5.2.4, 5.4.1, 6.1.63, 7.2.1, 73.1, 8.22.8.3.1.9.3.1, 9.3.2, 9.5.1.9.64, 9.9.1,9.10.2,10.32,11.1.3,11-3.3,11.3.10,1222, 12.3.1.1322,143,14A 152-7 owner's Financial CBpsbility 22.1,13.2.2,14.1.14 Ovrn es Liability barance 1LZ Uwner's Relationship with SubcoRt actosa 1.1.7, 5.2.5.3, 5A, 9.64, 9.182,143.2 Owner's Rtgbi to Carry Oat the Work 24,14.2.7 Owner's Rtght to Glean Up 6.3 Owner's XW to Puhrm Cusstniedob and m Award 3cpasate Coursers 6.1 ownsr'a Right to Eup the Work 2.3 ownwg Rvato Soso rho WCQk 14.3 OWW's Right to Tuntleate d w Contract 14.2 0vMersldp and Use OfDmdnh ftedandest and. Other Ins>z'ramk of Serybe 2.1.1,1.1.6,1.1.7,15, 4.2,12, 5.3.1 Partial Oecapsuaty or Use 9.6.6, 99,113.1.5 Potdiq& Cutting and 3J4,62.5 3.17 Payment, Applications Aw 4.2.5, 7.3.9.9A 93, 9A, 9.5.9.6.3.9.7,9.8-5.9.10.1, 14.2.3,14.24, 1443 P"#, metas for 4.2.5, 4.7 9, 9.33, 9A. 4.5, 9.10.3,13.7,141.13,14.24 P"UM1 ,1Nlgdbsre of 9.5.1.3, l.7, 9.10.2„ 13.6,14.1.1.3,14.212 Paymeall, lanai 421,42.9,9.8.% 9.10. IMA 11.1.3.114.1,123.1, 13.7,142.4,14.4.3 Payment Bond, pedermnee Bowl pad 73.74, 9A7,9.10.3, UA �. Pan1 93, 5,6, 9.8.5, 9.10.3.13.6,14.2.3,15.1.3 PAYMM AND COMPI.RTION 9 Paymcm to Swboxametow SA,% 95.I.3. 9.62, 9.63, 9.6 4.9.6.7,142.1.2 PCB 103.1 Performance Band and Payment Bond 7.3.7.4, 9A7.9.10.3. 11A Peraailt, Fee% Nothas and tonqIItatce vilb Lm 222.3.7,3.13,73.7.4, 10M PZRSONS AND PROM Y, IPROTEMION OF 10 10.3.1 wfAbaau�lY�A1� �it0l. Ca�pyd�taFieea 1ott.1D1p1R141�.16�7.1�tl1, i�t,18t1.'19t�, y9!!, ii74.16'i61a91.11iP7��gipXlhAMnlAan krlkmsutNdi.cti.11r�1isnaMe°nasAlAl`Goavo�.tbrrabmbrd�iltluwlnirrn�fo��9lfrr�lb<ttoq�griopBAapeB 6 dndid+iadldl6i�AiA �oeweW�.orbgrnoia,enayinarosoem[�Isperalq�,�nel�Ipbup.bigru�oAgiun+ ndIt�assl4briMiwr7Mtdania�adt�rla�rl�donafHsf�01ei6s�bl underegsM�lnca�AiA airpo�90AaF. andYHdtrMdL7Wd-WIM%kandmegrain wAodomWIDiUW@bIat Product Data, Definifim of 312.2 Produd Data mind Samples, ACP Draw*P 3.11, 3.12, 4.2.7 Pr prem sad Campledw 4.2.2,8.2,9.8,9.9.1,14.1.4, 15.13 Pros"m Psyments 93, 9.6, 9.8.S, 9.103,13.6,14.23,15.1.3 Prdeet, Defiditioa of I.fA Project Rcpmenbtives 4.2.10 Property Iuseeraaee 10„2-,113 PROMMON OF PMUK 3 APM PROPERTV 10 1te1gulsdm and Lxm I.S. 32.3.3.6% 3.7.3.12.10, 3.13,4k).], +9.6,4.9.9.1, 102A 11.1. 11A 13.1,13.4,13.5.1,13.32,13A. 14. 15.2A ISA R*vdau of Wade 3.5,42.6.12,21 Rdes1oa and Wal"n ofUens 910.2 Rqpumbalms 3.2.1,3A 3.12.6, 6.2.2, 8.2.1, 933, 9A.2, 93.1, 9.8.2, 9.I0.1 2.1.1, 3.1.1, 39, 4.1.1, 4.2.1,4.2.2, 4.2.10, 5.1.1, 5.1.2, I3.2.1 Rogam ilhp for Them PerhimdnS ft Weak 10 9.3.1.9.62.9.8-5,9.9.1,.9.10.Z 9.103 RM199r of Cau&satDocetmemta and Field Condk3ous by [motor 3.%3.12.7,6.13 Radew of CootrecW9 Subatitta[s by Owner ad AvdM*ot 3.10.1, 3.10.2, 3.11, 3.12, 4., 52, &13,92,9.1.2 Review aFP Drawings, Pmdad Data ad $1pa0 by Coftaeftw 3.11 and Remadlea 1.1.2,2.3,2.4,3.5, 3.7A,3.15.2,4.2X%5.3,5A,6.1, 6.3, 7.3.1, L3,9.5.1, 9.7,10.2410.3,12.2.2,1e,.2A, 13A,14.15.4 SsymiltbM, Paha aaad Copyr%hte _U7 Ruin end Nodoes few Adbdtraiim ISA.1 sawafPemm and Property 10.2,10.4 Safety Precsudomm sad Programs 3.3.1,4.242,4.2.7,5.3.1,10.1.10.2,10.4 S6amples. De midw of 3.123 S1umPlee, $A" Drmwbrs, Predict Data sad 3.11, &A 41.7 Sampla mit the S[tey Docnmmts sad 3.11 Schedule ervalaes 9.2, 9.3.1 Sdmd" Stan 3.10, 3.12.1, 3.122, 6.1.3,15.1.3.2 Sqmk Cosbaca and QMmckn 1.1.4, 3.12.5, 3.14.2, 4.2x4, 42-7.6,8.3.1.12.12 Shop Drawing;, Defusitiam of 34LI Shop Drivrlagf, Predud Data aid Smoss 3.11, 3.2, 4.2.7 Sita, Ueae of &M 6.1.1, 6.2.1 Site bw@Cd= 3.2.2,3.33, 3.7.1, 3.7.4,4., 94.2, 9.10.1, 13.5 Sia Vbft Aaebitect's 3.74, 4.2.2, 42.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1.13.5 400W In WhIes amyl Taft 4.2.6,12.2.1,133 ane, Defnbitloa of U.6 Spee4f aliens 1.1.1,1.16,1.21.15,3.11,3.12.10,3.17,4.2-14 S ofUtWietime 13.7,15A.1.1 swppingdo Work Z3, 9.7, I0.3,14.1 Staffed Adaterisb 6,2.1, 9.3.7,102-1.2,10„2A SubmM Mar, aafiaitim of MA $UBCONTRAC DORS 9 SahcoutmcM Wadkby 1.2.1 3.32, 3.12.1, 4.23, 5.23, 5.3.5A, 9.3.1.2, 9.6.7.. edmooftemal Relod"s 93, 5A, 93.I.% 9.6,910,10-11,14-1.14.11 sw mk46 3.10,3.11,3.12,4.L7,5.2.1.5.2.3,7,3.7.9.% 93, 9.8, 9.9.1,9.102,9.10.3. 11.1.3 su6am"W Sem 3.[02, 3.12.5, 4.2.7 S�ebrogdlon, Waivers of 6.1.X,113.7 Serhstauthl Completion &1.1.8.1.3, 8.2.3.9.4.2, 9.8, 9.9.1, 9.10.3, 12.2,.13.7 Srtbsbfstlal ComPle>hisn, Duos of 9.5.1 suI I--1 ioao of Subemascon S14 5.2A SubWibdmofAwA01ed 4.1.3 M11aam.+mAM- -MR Oft. IBM Sit IMF6IMIV%IBV, "91,19KIN".lobs.lses.w0.1s1s,7Be7,1mmodmuty h.AaoM- y�ioMMa dA+ddMd1.M maawrd a AL1r 1loaoaaie k PaNeted by UAL W Law ead In ffW6@r l mm%L UrAW WWj*pW 7 dmean ar dlaefi vUGW 01"" Me Oedanr 4 ar OWP of % M" 10e1de 1n mm s3a9 and 6*AAdVa mWm, oadwEbe p vsawjW% ap Imm pmmm Under the Jam amso sI&2 1 uWw#afomofAA odoroa20onsom. andEnolMrmmb.Vbd=Lwn tbftwmdbyewAnMm MolubafAedaeeee1WO NOnevasonb,andrngaoeLoiopofd�wtdpfarsoMr Substitfrifm at'Materials 'lime1 an Chdm 3A.2, 3S, 7.3.8 3.7.4, IQ. A 23.7,15.12 Sub-aubcomtradur, DafmNon of Thk to wade 5.1.2 9.3.2, 9.33 SubsnrfRee Condifious Tramunisiden dData to llig W ft m VA IA Sume aara smad Asslgas UNCOVEMG AM CORF 9MON OF WORK "1 12 Bunt Un w"Wing of Work 3j, 10.2.6 13.1 SgmmM1atr and Candructfom Procedures Unbmseen CAttoas. Concealed of Unknown 1.2.2, 3.3, 334, 3.12.10.42J, 4.3.7, 6.1.3, 62.4, 33As 8.3.1,1tk3 7.13, 73.7, 82, 8.3.1, 9A.7,10,12,14,15.1.3 Un%Prices &Wdy 733.2, 7.34 5.4.1.2, 9.15, 9.10A 9.10.3,14.2.3,152.7 Use ofDocumeute Stacey, Courant of LL 2.2.5, 3.13.6.3.3 9.10.2, 9.10.3 Uae /►1'me BWVW 3.13, 6.1.1, 6.2.1 2.2.3 Vahm% Sob uk of 8"partdem by the owner far Convaidmee 94 93.1 143 Wxbw of CWmm by the Ambita t S%tspemisionafftwo* 13A.2 342,14.3 Waiver ai wns by the C uredos Suspausion or Tumbmdm of the Contract 9.10.3,13.42,15.1.6 5A LI, 14 walverofChbnabydfeOwner Trier 99.3.9.10.3, 9.10.4,122.2.1,13.42,142.4,15.1.6 3.6, 3.82»1, 73.7A WMvU of Cmft9mmdal Daaoager Tarmtation by the Contractor 142.4y IVA 14.1,15.1.6 Waiver ofEJCm Tmufi adsn by tbo O At• Came 9.10.2, 9.10.4 SA LL 14.% IS.1.6 WW*an of Stibropdm Terratinatiaa by the Owner for Conva demee 6.1.1, 11J.7 144 WasMagr Tamtfaatiam of1he Archhect 3.3, 4.29, 9.3.3, 9.8.4, 9-9.1.9-10A, 12.22,13.7 4.1.3 Weather Delays TarrinwiemoffLa Ccmtracmr 15.1,5.2 14.2.2 Wwk Damon of 71RM ITON OR SUMMON OF THE 1.13 C,W41RACr wrbbeo Lomat 14 IAZ, 3A2, 3.7A,3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, Tests and hopecalem 9.9.1, 9.102,9-10J, I 1A.I. 13213A2,35.4.4.2 3.1.3,33-3,42.Z 42.6, 4.2-9.942,913,9_92, bftp"om 9.10.1, 10.3$11A,1.1,12.2.1,13J TBU 4.2.11, 4.2.12 Wrimnph dee a 2.3.2.4, 33.1, 39, 3.12.9.3.12.10, 5.2.1, 822, 9.7, 'Lima Ddep fold Rataaskus of 9.10,1022,10.3,11.13,122.2,12.2A 13.3,14. 32A MA, 513, 7.2.1, 7.3.1, 7A, SA 9.5.1, 9.7. 15A.1 103,2, IGA-L 1432,15.1.5, 15.25 Wdf n tarts Time 1.1.1.23, 3.9.7, $,2.2,12.1.12.2,133.2,14.3.1, 1.13,2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 15.1.2 S2, 53.5.4, 62.4, 7.3.7A, 8.2.9.Z 9.3.1.9.33, 9.4.1, 9.5� 9A, 9.7,9.k 9.9,9.1 C, 11.13,12. 13.5, 13.7,14,15.1.2.ISA ,get,-- ArO. w�D.a�e�ntll�ol*'��9arl.COpy�R01al9,iB11,t11d�99t�,�a�,1Ar7,7iBt.�e„1�i7.tf�,t9ld.trt41r7�,10r1.1rsr�ldl�by7leJlt�kan tal�hi�dA�h1.�./Ul�idst��eNd�'�sAw►'i�ea�ner�tla�p�ytao.�tipye�htAaw�adtn�r+�Mee�'re.Mi�il�rrtla�pr� 8 dne6oaardhl�udlanWtblsluA tAe��ue�,roe�rra9rldk,r�Yaem�rlrosra�msi��Mcidn�Y�aMpwtepglkia.a�vN�r7lloe�Ormx&�M�+ .odl�tporsPo>.undertkehw.iTaedoamnmlwreara�edaa!?ilfS180f61a�fe undertlrkerneofluA anirrna�p0i18rBg� al+dienal �n3sala.7laedoeureenl frMoeneadbyaNNneifoon rdlh�la dq far on�rmadasasy, and mry nolha bpo4�oed.Piiorlo rsaoa�praaa► MTiCLE i OMERAL PRAVIMONS 1,1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCWIENTS no Conofaot Doeaaments are oaumerated m the Agrecamw bdwfeen the Owner and Compactor (hcrabdkcr the AgreMOW) and camdd ofthe Aunt, Coadbkm oftbe Contract((;eoeml, Sl4qdcamutKy and other Caaditiomp). Drawings. S,pecificsimmk Addenda issued prior to execad on ofthe COU1114 aber &= no* listed m the Amt and Mod'th'icatians hood of exemti on ofthe Contract. A ModMemin is (1) a wdmm w ndnteat m the Conteaot signed by boldo pa fin (2) a Qwep Order, (3) a Construction Chmp Dkoetive of (4) it twrittat order for a u&w olMV in ft We* issued by the A=b tea. Unless Willy enamaWd In tide Agreamad, the Contrail Documents do not hW de the advaiiseawt. or i whadam to bid. Iaatruo &ms to Bidders, sample gmm other of irmWam ltaaWwd by the Owner in awk# adota ofrecd*g bids orprWaseis, tkne cantracmep bad or psopaut erportiaw ofAddenda relating to bidding MqW=mah. I4.12IME CDWMCT The Cloahad Docum is h m the Contract lbr C.omst rno&L no Coact roapramnts the entire pod italvow wftmw WMM th&PWM kerate Md saverloda pliar lawfidwak zweselotom or NPNN^cwwwAtto or o=L The Cm&w my be amide$ or modtW only by a Momeadom The Cmtt xd Doc==* cld not be eatstrund to e-bt a cautzactual r 6famsbip of any kind (1) bdwma the Conimew trail the Amhiw or the ArcUt A oaesoltm% (2) irsiwm the Owmr ad a Slubcont nota or a Saab- wbconkw t w, (3) betweeat the oww and the AreNAW or On Arrhiow s eoaenliants or (4) batwaaera any Poroma or eniiddgt other tbm the Owner and the Cooftatm The Arced shall, however, be =dtUd to perho mole sad enfivoemat of obligad0m M&r the {ontrect intended to bwftW ped amaace of the ArrlaibWB ih aL 14.1.3 THE WORK The Toms "Woze mesas the amsbuction and moices r by *a Coubw Documa t4 why amupleted or paathlly mWlettxl, and kabxW all otmr kAbar, m eWtbk eq*t dad smmco* pWvide8 of to be xmded by the Contractor to MM tine Contractor's cbligatiore. 11w Wade mW ax atittlte the whole err a part of the: pgwt. I MA THE PROJECT The Project is the total commotion of which tine Wont peataw d under doe Cmtrea Doamaaata may be the wbole or a part and wklchmtay inelade oostsbuctim by the Oww and by mparate ems, $1,1.8 MME DRAWWN The Dr mup tote tine g qdw and pictorial portions of the Contract D000sanaaau Wwwinng the deign, location sud dimmdaw ofthe Wank, gatnarally haft ia$ Plena. elavafamm. wall a s, details, whaddes and diagms. S 11.8 THE SMWATMS The Spealfwdow aro: does portion of the Coasted Docros a cw6 ting of the wrltft reqWmmcM far mpDerials, ml�qswak stmdtuds and wodmanuWp ibr the Work, and par brmaace of related services. § MJ WTMM EM OF SOMM ltlafrpMOU of Stavice NO representations. in any anedinm ofertpnrWosn aowkwM ex laser developed, of the tenMe and &WZAdv MadW Wort[ permenaed by the Architect sad*e Mcbi oWs ooa a t nts mdet shear 1040CCH" PVfeodmd sarvicm Aga+ecatantts. bmtrumeoft of Sarvia may include, wWmA limitAtio% stns, wxvwA moW ake;tehes, gyp, ppmcifieaH®s, and adw ainnflar =ftdab. ! 1.1.8 INITIAL DECWON MAW lbe faitial Dedaicm Molnar is the peso idendf ied In the Agrew2w to raider imaal dooaepWw an Cjd= in aomosdance with Seafm 15.2 and caffy fermitatian ofti a Agirneamdundw Section 142.2. 4.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS Ml The iaafmt of the Centanct Doaurnemts is to include all items nenammy dor the paper aocntian end 00wPIWoaoffiwW0*bythaConkacWr 7U Canhad Docanmo ora acapk mens ay. and whet is m pimd by one shill be sa binding as ifrognniced by d4 po rftmeaae by the Cotfiradar shall be required Mb, to rho mum coadsleat WTD► the Cantma Documents and taoxmbly hdbn*ie born tbam as bwgnammaoy to p mdua doe hdiana reffah. IMIL AtADOMEMPtJMIN-M.Cdp IROS 1917.1a15,teta.1876.18�7.1ea1,7a6iy itl0�.iada4lelB�l4ig7Yl�lYafi seld7Ga7byThtMMrtom keaMMsoEAadtaaC7r.A1lwMaasnrad WMV radsAte' DamvwMf$Vratsuded UA Com LAW mmdb*M"dkNdTkeWn,WmuVwbndmW4t- 9 1 011 ardbftgwlmWMAWDDMW MkarwWjazw*matt%maymWatasarsra"Mdalff*wPwdit.awwmawPmusdfbd9oe"rwMWgam *W kaahr mob.7*ddmmwdb bomd WON h00*MkaWAaofkd&*farww4bw Aae*.wdmoradbik podl+oedpdwjbbw.0ft 192.2 Organisation of the Bow ficati� into divisions, sections and articles, ad. armpme ut ofD=wigp shall not contial the Contractor In dividing the Werk emmg & 600tntactors or m eatabbib g the Wed of Weak to be paftmd by my trade. 1123 Unless aftwige stat d in the Contract Doom ob, wards that have well4mowu tedm cal or emstructim infitro mem ase used in the Contract Documents in mcco dance wilt suet vxmgdzed rrte bWL I U CAPITMUTM Telma *q&Almd in Mose General Cbndfflm include those Hurt we (1) qmfficp ty deOmd, (2) titin Brits of n ntba and mWca or (3) the tifies of other documents publ!dW by fire American hm&ute of AvcWumts. I IA WiID fA7lt)N In titre Interest of trevity iht: Conaaet Doemnents f aquae* amit mod** words a wb as "all" and "eny" end aticlea � as "Ora" a�'ym,"' but tLn tad that a ntodigex os � actioleis a6aeot $+em ops smtet>�t and in uwdmr is to himaded to affoct the Interpretation. of e 51.6 OWMMW AM USE OF DRANUM SPMlRICA7100 AND 07111RE1iSFRUM i'8 OFMMCE i #AAAI Mk Auclritectamd Dia Arddt Ws conanitaats daft be dccmed dhe Amhara and owmeaa oftheirmipoctrve Inabvmaob e�8erviot; >RS � � � , a� will retain all oaanmoa Irnr►, atstubory end aches re served 4M iiacladbg copes. Tate Courtrnetw, ftkoamakm Srdr-artbconuactar>r, and mate I or egmipmeot agppam first! not own or claim a oppyiight in the offieivice~ SreblQagtat ar dieudbntion to mast atfficiel Mary regoirsmmets or ft odu r pmtposaa in camttt.Wm midi 46 Pmjed is not to be construed as pobl ashm is derogation efdv Ar+duteces. or Architec#'e consnfibmb' aorened > J W Tie C.un4 mov. Suboxamcm s, Sub-subaorrtractortt sed maiadal or equipemut suppi5m are mdwri od tic flee and rgnv uce to hmbmm* of Service provided to dm solely and eacdmively for mon of tlm Wolk. All oqm made under Chia Mien sball bear the oopgrigbt if arty, abom an the its of SerWm The Coniftee r, mon, Snbsuboenhactom, and umte rW or agplpm nit aopglims may not use the Inshmamm of Service as odwpmjecb or tar additlons to tilos Project outside the scope ofdte Wank without da; ap ffm writhes consent oftbe owners Aardri%d and the Archi urs co tis. § ISTRANNIUM OF DATA a DWAl. FORM if the parties &Med to treasmh Insumm arta of Service at tiers other h6mmin or dooms m Udon in digteat km they *0 endeavor to cdablieb nomemy p m tocols govt sash trammonsalovs, unless odmrwise already pmvldedin ftA,pnuu nt at die Cannot Docu rmos. AR'ME 2 UMM 2.i GOOK 11.1 The Owner it the proton or ou ty identified as such in tine Agraemem and is nthnW to ftaq and rite Contract Doaaasspts ss iisingatarin somber. The owner" desWu to in writing areprommum6ewhe shall have wpm artft ty to Mud the Owner viii respect to ell matters mqulrt the Owner's appn+ovat or udmbmdm. Except as adwnviaogavidad is 8eelan x.2.1, the A�rehiieot does natbsve tnrdr rauhority. The tens "Owner" across dw Owns at so Cir mem mx&w W rive. 2.92 Tbo Owner shed famish to Cha Contaae wwhbiei idlers nays aft no* of a wrips mpmat, hhunalion n+ac mmy and mlevom for the Comuctorto evaluate, give notice of or enforce mecdrtmic's lien ni*m fimb on shall hwbm a a correct abound of to record legal fila m the p mpaiy an which the Project b loom, molly-figrao l m as the tits, ead die Ovvucea ilrercfm 122 WORAWMAND SWW WOM CWTltf DOM i 22.9 Mor to ca mtetmet oft of the, Wcdk Sec Czftctor may request in writing diet the owner p vd& r+essomlble mideum drat the Owner has meds firr=W ormsmonts to fan ow Owner's ods under the Caertrect. Thereafter, the Couunclaermay only request snob evidmo if(l) the OwneerAdU to makapgments to the Contractor as the Cmftd Docurneft require` (2) a dmp m dee Work memieW chanses the [7 wkieet Scan; or (3) to Camumatcr identities to writlnf s reasonable, comeur mprftg tics Owner's ability ao make psymam when duo The Owner" lWmiah snob evUMM as a m preoedemtto on®mencrmatt ar 0M*WWM ofthe Wank or the partum ofthe Wok aHarxed by amateriat chug& Agar the Owner tamMe o %c evidence, die Owner shall not materially vary each trnuaw am ggammrta widwout prior notice to the CsateWW IRL rw►avmrneal+-o.tit+r+me,,ar,,sawke+aaezoar.iset.uaa,toa7.,sea,+aoR+a,aev:wen.�a,rt�.�ra�., IeM4+4aFdl.Asgp�ra�..�.d.%:.ui:.��a ThlarhlA i9aRuraMra�6�tdblreas a►�ww�a�7ba.a.a l9q�eu�Ma�r�edr+prr. 10 duotlw, w dio�arasla�l+r=�oawan� ar �rp�and e<� laaavm otos awt�,r.nam.�ndrwA�rxr,prno�r.,arrd�os�e a�ran�an uknoewa.reillr<te�a1Mftcr u:"rarlw► ald�rnazatasfear�t, o� and msYnotaa�.prad��rtPdarbseeompleton I LU Ewe% Rhe permits and faes That ate the responidWily of 1be Contractor under The CooftAct Docamenta, including those ralWred ander Section 3.7.1, the Owner sbelb secure and pay for nevem aty appmvels, easements, assassmenta and diatgas ,rgWred for construction, on or occupancy of phamoneat s mcwres or for pernunmt chonges in existing fictlhties. § 2.2.3 The Owner shs11 furnish surveys deahvi dng physical fpr, legal limitations And utility locatlow for the site of The lPxond, and a inn domcription of the site. The CoutrAc w shell be enfs W to rely on the accaucy of hd mW m finnMW by the Ownabut shall exercise proper precautiohts relating m the safe porfornutnce of the Wo& f 22A The Owner shall lbrabsb Wbrmation or services requf r d of the Owner by The Contract Documents with ressuniNc prooqmnm The Owner dball also tiauisb any other infa®atm or services under tba Owner's control and rW&mu to the ContaTaoWs porkmenoo of the Work with reasonable proortnew after meiving The Coatactar's adoura nesr%r oars ie1asmstimj or services. 22b Uhaless otherwise provided in The Coacher Doonowa s, the Owner shall Ammo to tie Qritrackir one copy of the Contract Documents Aw porposes ofm aking moons phmcram to Sadoo 1.5.2. 12.3MMMWTGSWTHEWM If the Contactor fails to eft= Walk haat is not fn acsmdeace w1& the requbemems ofthe Cgubwa Damn enls as Eby Seed= 12.2 oirxapesk* fails tea arcs eau Work in accord eoca with tie coact DocarmmM, the OwnvrmiW issue a written arderto She Contractor to stop dwWorih, oranyyportion 2=4 uvW the own for each ander bas berg almdaabd; however, the right of the Ow= to atop doe Work shall nal give rise to a dirty an the part offfie Owner to exerciso dais d& forthe bene& of She Coubaetm or any other parson or etatily. except to Tho vacur segaared by hi vWm 6.1.3. § 2A OWNER'S Rll3 f TO CARRY OUT THE WORK Uthe (anft%z r dcfin11s or neglects to cony out the Wa& in acco *aw with five Combs t Docuuhems and tails within a un -ft paled after receipt of wftm notice firm ties Owner to commence and south a cltsrhx don of such default or neglect wiTh, dRige nee and promptness. the Owner may, wiPoout prejudice to other aemadies the Owner my Lavas a ern t such deficiencies. In such core an apprp xbo Change Odder AM be isnmd dedoaft fira m pnoncos thm or thereafter due the Conte k or The reasonable cost of correcting suet def eienaiaa, inchdiag Owm es expo amt eonapehm ao4'farr tbo A=hmwVs addvJonol services mads mmcspry by such deflaA neglact or Mom Such =don by the Owner and amomnb chaW to the Contractor we bona subject to praor approval of the ArckBecd. Npaymmq then or thereafter due to Cunt[ k r at+e not sufEicfam to corer such amounb6 the Contractor shoU lmWlhe differenoo to tlho Ow w.'for legal services and ARTICLE TRACTOR I 3.1 GENERAL *;MA The Contractor is the person or entity idaMad as each in *a Agimnent and is v&rred to throyghoatt The Con bactDocamems as if singular in umber. The Coafto r shall be lmvft y lkwaod, if nqukW in the j *hone 6a ihrojed is located. The Coubactor shall deftutA In writing a apr+eamb ive who obeli Lave expm a emdum* to bind to Contractor with rospoct to all mortars hinder this Con tact. The tam "Carr metor" maces Tho Contractor n the ConbuWs ouffiorimed r epresentiditre. 13.1.2 7k Coutnictor shall perlbart the Want in accamdanee with the Comet Doauaomb. J 21.3 The Carom shall not bexelieved ofabligati= to perform the Wodcin aeooninace with rile Contract Doomnents *herby activities or dodos of&e Architect In 2wAnMbWs admit bullion ofthe Contract, or by tesu, inspections or apppovals regoircd or performed bypersaas oraadties outer there tea Comm. 132 REVIEW OF CONTRACT I IDCUIYIE M AND REND 00NDIi10NS BY C0WRWMR j 32.1 Execution ofthe Contract by tate Contador is a r wesmbWon That the Coahh&*w has visited the she, beaorale gtommlly faam'liar with local co a (tons under which the Wath is to be pa b=ed and correlated pe =ml observadooa wbb nxpdranoft ofthe Coninct Doaonuats. HelidrarAndd@dL tt d=ftverdW0&Mfipw WdradPass" undue omaana 1hrMM r&?M =0u768aIN ads1% DMaI moilK tea n is p uawd by us. rr 1lnchaewnl.br hs►ypeEtlan ai s, � reavtFtn swan e.seratp.Asllws..sawdea�s p+estiedaed�elhs a�iminn du theme erwl Vomrw*a n -W d onto ncL zwaaesa uraa*,WWMlyrMb&mpmd=dpftjoV&,, paeaen Isar, UM sob, 11 13.22 Secmue the Canaraci Documents are caeeplementary, dw Conbutor soap, before starting eaeb portion of dee We dc. guy study and ccu4 me the various Cantract Docw=nfs rdalire to ibat portion oftW Wat3c, as wall as On ircfmnaadw fmnished by the Ownorpumum to Section 2.2.3, sbap twos Add maa=wneaa ofany cdwng conditions related to that pardon of ibc Work, and slut! observe any candidons at the she al3'wft it. These obligations are ft the purpose of fadlitfg owWbmfm mod oorasht>cdon by the Contractor and are not lbr to pm w.of diwovahg erraas, aniinioras, or i wMbtentaes in tits Cmdract Docuu bmwer, the Caotrulw da promptly Mpurt to the Architect any arnars, inc onaktascaes or ombsiona dlawyawd by ar made hum to Ste Ca maclar as a segw d for inmaYu dun in such f rn as So Arddiect may mgtdm It is teaaVd=d that the Carchactar's review is made is the Cm's aapacily as a camhadw and nut as a licensed dedp phonal, Unless other apeeiihallyprovided in Sue Contract Doommmts. § 8,3.3 MW Cant§dor is not PRWred to asamrbdn flat %a Contract Documents arc b~ aoaordmaoe mffi Mphe able laws, statchM ardbuncM codes, roma and regulation, or htiwfnl orders ofpubfic ant mftw%but the Canttaetw abaft prmeptly rapmt to tits Anh ect say nanconfimmity dscovered by ormeds kown to the Canirsew a. a request for hA ntetioat in sada farm as dee Ambitew may ngdm f 324 If aha Cont aftr bdievaa est addiimnal teat or th m is mwohrad because of dartitlams or hwmxdms the Ardbi cel inow in reap wars to Ste C.onuackes nodosa or raq=w for *&MBIM gutMt to SaetWins 312 ar 3.2.3, So Cbnuctur that mala: C d= a9 ptovii W in Article 15. If the Cooha+otar laps to petfmm Ste Alptim of Semis 322 or 3.2.3, the Contractor dmD pay vicb Coots and dcmpps to dw Owow as w M boom been avoided ifthe C *W ctor hadpedbrmed such obiptions. If &e C nkac tw p wfasme dwae ebligatieaw, the Contactor sW not be !colds to the Owner arAraltkw for dumWes naulthqgftean en=4 kwoushica du or amoiatioms in the CwtWDoeanacab, ft diiirwes between fWd weawmais orocnd'tdrons and tics Coutcact Docamesh6 a far noumOmddes of See Contract Daus 10 "Hc" Iowa, stat ON6 OMMMN , tcodek rules andregnioksu, and lawihl a dets ofpubHc suMmitias. j 8,3 ZWWMR AND OWWMC IDN MCEtKiiiEI I 8.8.9 The Contractor s3all supervise and dkem the Waris, using ft ContrueWsbeir skill and anentmn. the Conhucw " be sole$► responands for. and bave aantrol am, caostruchoa mesas, methods, Wanigt>c9, wqueitees end pnoced� and for eoor&uft ell port w of fhe Wa&usdw do Conkv k taus the CmuW Dommmo give outer epecd& ireadract'im oncxnmS these aratters. lf*c Comract Dacaauaots give fiWnactfaets ming constraction metas, methods, k Wques, segues or p wcedmvwa the Cantraclur stall evaluate the jobwe sa ft thersuf and, except as stated below, abel be fully and wMy wgxm role for the jobobe s*ty of slick uwass, medxxb. urlmiquM sequenew or pwandee'e9. ffthc Catii, acI n detumim thaweach means, madak u4mkows, a* == arp rocs& roc may not be sage, the Ca *acsm s'ball give Maly wtitim notice to the Ownw ad Arduftact and aha#! uotproeeed with that portion of the wady wWwat farew writteb Wnaeians from the A=birbom Iftbe Couftctw ie 13ueninhtrftd topmowW wkb the rcgWmd means, methods, tachniquea, soqam=arpwcv&mwhbmtaxqmmofdmpspmposedbytkCmbutw,&eOwnwsbaltbeso* respndble for amu► loss as damage attar solely flan I= Ow=-c@quircd mesas, methods, tom, sequeaca or pammdw= 18.8.2 Ue Caftacsar shalt be raapaarsible to tie Owner fir ants Old omwans of the C.antraotar'a eanpyayeea, Subeanhactnrs and Stair aguata and a m i rywo, and otherpemoua or antitka performing pardons of** Work for, or on bdudf, of, doe CauhaWar at =W of its Subcont racket 1 32 Tfu Contractor shah be regmsMe for k opection ofportiotas of Wolk already pafioamed to detwnm= Stat ■och pardons ora in pargmr ooaditian to recaiiva sobsegnent Woedt. $3A LAEDR MD UAi"MA PAI Unica* uUMW pmvLaad in the COMM Doamcemta, the Contractor aW provide audpay fior labor, materiels, egWprcteat tants, cc awkwdon eqWP=Mt and MKbi Wy. water, heck ublbm. tta sumuda 4 sand odw Lcflities and arviaaa macesaary ft pts amentim and con4dedon of fbe work, whedw turfaary or panament and whedw or sat hworporsted or to be ineagwdcd in fhe Wc& i U2 Szoept in fie case of minar dwww in to Work aufiwhwd by the Atubiot in accordance with gecdaets 3.I2.8 or 7.4, the Cbnhacew may make substitutions only wM lite cmmnni of the Owner, filer avahaadon by the Arohfbect and in accordance with a Mange Order or Conslruc m Chop Dkocliva. trr /NAnam�eiNtlAlet"'� aepyttytfla1199a,1911.19 19ta.19MIasi.1961.7 K101,I�e�,1a6t IPA Wk"U,196�and80e WTWA=d= tee&t urAmWaolLAld*r"VZV t .IlfG x ppe mMts�waAer +flayU Cate lsttaiwaed rreoaAs�Unl�a aapta '� do -A, w�OttV4NODawoRiXwwWsf%m W!i'ST*in9Gl1lmeB�a t w9RTAbwp f3dasctE � �i�dtPo�isn�derl�r:�m.7lfisdooe�rr+w�a�MadanO�fltalQalaiti andeeihrMnnsdAlA a�tq�2o0/eae6pF1. atad�netiern�M�. Thfa fits rue..d bl19w!elMnhio� flMtreaafArdfRe� � ow,6nsupa s�,ana,�gnora.�.peoauee9p�k,r loieee�r,la,, SB�r I 3A.3 The Cotthcter shell Coform strict discipline and good order amomg the Canhww's employres and od w~r ARUM Carryin8 out the Work. The Conbaator shad not parotic empIoyMMt ofunfil persona or �qad in tasks assigned to the®. 1 ��` § 83 WARRANTY For s period of one (1 ) year trom tine date of Substantial Compldton The Conhaetor vranreots to the Owner and ArdUted tint materials and equipment {elder the met will be of8+acd quality aid acv antes Ane Contract Dommetlts require ar pa mit ofla-%tee. The Cbartreatar t ardw warrants Amt dw Wolk will ac ftm to ee nqukUm* of ills Candract Docmmws sed Will be free from defers, mccapt fbr dim hdm= in to quality offt Work $a Coohact Docaarsesrta nquire or paho k Work, metarlels, or equhmu t not e0 thing to thesereg AW"mits may be cansUked de%tdive. Ilan Cantu etas wmrmtty=Waft mmedy hr dW'qP ar ddW aactsed by sham` arcus to Me Work tW wwm ted by duo Contractor, imp or nasn>ll ciwd mdDUmmle, kRwq elr op admi, or normal wear end tear nod sus=of usage, lfmquhW by the Ar+dAbet, the Con actor shall ftrrnislt satishotory evidence as to the kind and gnelily oftmehsisk and eqWpMW. 3A TARES Tire Codrtexnr shell PRY asks, MMM, tree and auntie{ taxes fbrtlte Wotk provided by tics CwotractordW ae+r legally enacted wbian bids atraenceived cruppdatiorn eondu h4 whe%ff or notyat @gm*m or Mandy scheduled to v into erect. 131 11918M tali, NOTMAND CDMK.IAMM vM uws I U-1 Unless aftrwise provided in the CMhW Doom, *0 Canftaatar SW MMMWA pay for the buil ft pem h ss well as ibr ad>erpe=&6 has, leorxraae, and nmpecdm by Vvemmgg agmm&s neoegnWlbr pt+WM execution and compl don oHn warp that ora cudem>e* secured Mar ®aetsr don of Ifw CooU at snd ley nqukM at diretinme bids wenuelved or u*odsdm omdu&d. 5 &TJ 7rie Ceatrastar da CWvJy Wft he aadsivenotices regniraed by applicable lows, on ardiourtrc M, codas, ndes end mss, yard kxAd orders ofpr & sadbmitles applicable t'apet{hrmmoe ofthe Wank. 13.7.31f the Caotratxar performs Work krm ft it dp be oonbW f,* ap HCMbie taws, stahrtes, arrdimena s. Codek rake sad tegalet wa6 or kwfW orders ofpoblic au&ozitlee, the C.omttt ew shell umm qp8pift MpMWhy for such Wwdt mW dM bialy die coals WV bugble to aango tt. ILTA CWCEAMaR1 1CDNMMM '"he' Ca dm aw womfecxs eMAkma at to silo that ne (1) ao6M 1kM or otherwise eotMledphysieal aondikm that di#ibr materiWlly km these W icrtted in Ate Cw mast Mono* or (2) unkpown pdydeal oanditimte of an ummod nature that daffw morally fin those adkt=V found to 0" and gully x1uriMd ea k&erut in oeals�, -dw 11cdvWM ofthe dWacter provided for in Ilse Coubact Doaumegtk the ComhadwabaD prouq ljr provide notloe to lbs owner sad the Atr]ritect btdbre Condhione ane di bdNd. end in na avant later than 31 days ad" first abate sone oftbe ooadkiasm The ATdkda t wdl ptartaptl<Y mite sash conditions sad, dn&a A>1chdad detmmiinas *t ► dl WMftd* and cw =bum m ar dee "" in ft Cat tractW'S Cosi air or• time required for'. perlb =Mm of MW part oftbe Work, will recc mmeod ea txpltablesadj mlmatt in the Cmdrsa Sum or contract ar both{. [fibs Argil hed dames t wd, acndWim at Are site araC nit metaielly di�glt f am tirase bred in the Carttrad Dectgnptts std that oto cbengv is lite tams of&e Conkad is judlftd, rho Arddbxt shall proruptls► WbYy the Owner sad C=Oacior: in wdtioL sm ft the nsea=L if ei&w pa* disputes mite Am titeat's dehrrmaledon or ar" ' =da M- diet paiip may pooced ss pmvided ua Artide 15. § 3.7.3 if, in the aaause ONO Wank, the QW9AW MMMUre human remains orreeoombM die adsteoae of bwW mrrkm a rchuckM a1 shea orwedends not indi WW is the CbmwkWADoctlmeotis, #be CMftWtW s>t U h mnsdk%ly stipend arty ap'rls that vtrepld edhat 6= andshall notify the Ownw and Arafibect Upon recdpt ofsw b nodes, the Ownw" praMP* take nay seines Mecseary to obtain the oparaUML TM CMms for shad to suspend such opsrraftm � metrtu d by Owner but drab oas,dlnute whh sII other op=Wm the do s tot af%m: dim remains or fhsbmes. Mega= twagjus W.W i o the Contract Sum and Cbamad 7UM tuift fivon the WiMMM of aunt {amnion or featarnes Wray be made as puovided M Article IS AADoweM tAMIM- n CoppWoJeW 101% JIMIeLIVIA 1e24. Mr. "M, NK Ion, 111pt,10%IBM 104 190F. 100vowaoov kvywARrrrh t11i Or1lrGttaCd.AlRr�hlt Y11A1 (D:41Ne11111"poe mrntYpMgwlydbyt,LLDopyir#tUwmgb tn000dTMllee.UM4*� &WI pW dtCeo+r er aribb DrtMtonR arary porapr orrl, rely mm InWAN oldt and e+ W"1 s, aril pt UM bt prMvWd ft tt a 7a mhentpastlbte rsitlwr.lliladaealtnere,waeawrdana7ftafYplsl6�aa0r orbtrtirermrgFntA oMtreo 000033eM, and truces:sera7lrbdtpxnauirlorrsedbyt+or nbrretdeatJ eMrl�arrt@eturtarrgr,arpnNgrurlbenpradrWPlorloetarmpbla. 13J AU DWANCES § 3.8.1 no Cam>zsaw shall include in the Contract Sam all allowances stated in to Goaftct Documents. Iters covered by allowances shall be supplied for amt smumb and by snob pamns as entities as ft Owner may direct, but dw Contreiaar sW not be required to employ persona or entities to whoin tiu Contruatoa has reason" abjection. $ &U Unless adherwise provided in the Contract Doctmtotts: .1 Aftwsaces doll coverthe cart to die Contacw r afmotmish and equipmart delivered at no site and all required axes, leas gw1kable trade disootmtah; 3 Caaftw es costs for unlaatdmg and b mdling at the aim labor, hmallWan costa, overhead, proi'itand odw expenses eeatemplaW tow stated ellowaocv an=* shall be hwiluded is the Contract Stan but mot in ft onow n ow and V4wuvw carp are more than or less than allowaaccat the C m tract Sum atoll be v4oMed " c m -"Y by Chop t or. The amount ofdie Change OWw"reflect (1) do diffh a e. between ilial cosh and the alla wmm under Section 3.8.2.1 and (2) changes iii Ceaw1a's costs oath Sec Ion3.L2.2. j 3.8.3 bb fgriabi and equhme it under an atlo wum shall be sekoled by the Owner wbh reasamable. pxompfaas. i L9 81llaERW IB@FJ� § 3.9.1 The Co*mcior dwell flay a rompotat mWertuandw and neoemery assiafauts who shah be in attend nos at to Pm#ect she duoahagper6moce ofihe Wolk. The suit shall rquesew the Conuctor, acrd mmn udcodons *an to the soparkimdeat disll be ss binding as if imm to the Cooksotar. 5 3.93 TLc Cootraclor, as soon as pzncticsble aft award of the Coaeraok droll f+w&h in Wfift to the Owner ftmoh *e Ar dw sante and gaWlcaloma of a proposed aaperintimdmt The Architect may reply with9a 14 deya to the Cootraotor in writing slating (1) whetim*a Owner or the AreldtectbAa moon" olije d m to the proposedsuperkmodont or (2) that the AtmbiW regair+aa addhioal tbW la review. Failm a of die Arrhimet to reply within do 14 day perioddoll condRutenotice ofno reasomble ob*Ua L § 3,9.8 79he Contrector aha11 not employ a p vposed mporinteadent to wbom the Owner or Areldtect has made reasamable and timatlr o4codom. The t: a wwtor almll no comp the soperhsondo t wmhm die Owmes consent, whirl► ahall not im mablybe withheld or delayed. J3A§0MMWW$WN8MXMSCWUL98 I a.1ai The CarttratcW, prmn)pgy sitar beteg gwardedfhe Cottnal, dmU pRepaze ands A 1 h far fhe Ow%Ws =d Arm's b&madm a Cmtractorr's construction wbedele far the Wank. The schedule shall not oweed brim limits cmieut underthe Contract Darius, %ball be nwised at gvwpdw hgervals to requited by the cmdipoms ofdo Work gad Prajed, pari berelaaed to do tmtbre Pro jeer to the extent required by are Camtrsct Docmixa %, and shall provide for eapeditWus and predicable cuadon of fie, We& 5 3.14.2 The Conpactor shall pr+epere a sabmitlal rchedul% pronhptly after being awarded dw Caotraaot and tbeneafber as nacamy to maintain a cahmerit sobmhW whoMe. and abali submit do tea) for dw Amhiteet'@ approval.. The Azchko is approval %boll riot tadreasonaW be debgW or wiftel i. Tho aabnii W schedule doll (l) be cosrsiiaatcd with the Comm olm'a constr acdon schodolr, and (2) ollm the Architect ro aaon"One to wAcw sabniittate. Ifto Contractor faibi to Minot a saabrnind schedule, the Contractor "not be entitled to any inauaae in Contract Suri or abasias of C.ambw Time based an die time negnaned for rvd w of nbaftbils. S,iU The Cmmr 4a shall perfcam the Watt in general aeaaidaaoe whh fba most resent ackedules sWmutted to me Ow= and.Awhilcat. 13.11 DOCU M AMD SIINPLEdAiiM@WM Tho C.ouUm or sba)1 maintain at the site fbr the Owner one copy afire Drawings, SpoWlaaflaw, Addends, CWF ordo s cad other Moditdbma, inpod aa+dw sad marlmd c=cody to indicate fidld chaogas sad salactiahos made dorft mmirnodon, sad one copy ofgpmaved Shop Drawings, Product Dam, Ssmplee asst arzeguired sulzaWls. These @ball be avollable to dw Anhhed and shall be delivered to dw Arddbd for submittal to the 40 14/ Owner upon complation of the Work as a record of fire Wade a aombulod. /W►DomomWA=ug-2W. CopgVtOtsa9.19IS. f9M tow. UM ia@L IMAM 110f, IBM INK W% IN% 120, WN W d Xff kvM*AMo1hM Inti dwaden ars lril r +DY UAL COVAWL"MW 1RkMdWW er rtr a� 14 pod b nx i PdLT*0 shag tVftAMade�e►�I�Inar.ota faranet :sont�,a dmeyrdbarepooin.dPbrlo MWWM . 8.12 SHOP DRAWINGS, PRODUCT DATAMD SAMPM 3.12.1 Shop Drawings are drawings. db gen+ms, scbe&dcs nod otbter date gmdolly prepared far the Work by the Conttectas or a Sebe am tsclor, Sib-mbcantraetar, umudkctmr. mWphw or diad bmw to Antyew soma portion of the Wetde. 5.122 PnAv t Datil are Mhtseratiasts, smodu+d schedivies, pmfmmmoco charts, f tstnte:tfoma, hro ban , disgraeas end other ofeimatian furrtisbed by the Contractor to illmh*e mdoWs or e:gmpmaent for soave partum of fisc work. 5 3.12.3 liamtples me physical a pk% that ub OMW rmcbeafah, egnipn= or dip and =W)M standu ds by wkid►The Wade viHI be jvdgtd. 18.'L2.41 Shen DmvvhW ftvduct Data, Samples and mm lar M&n*We omnot Cmtrw4Domro mmL Thedrpmpow fel to dmtonstrete Sre wry by whlah the comundbrpmpom to eo ut osm to the fidixastion,givm end the &slgn coompt cgressed in the Caste Doeommm far dmm porno of the Wak fiar which flue Coubmct Deems rAgteim mbn huk. Ravieav by Hoe Av dtit wt ie subject to the of Section 41.7. ht fond snbmd" upont whM the Amebitux is not expected to Wm mess nusive acd m may be ew idmidfied in the Comtel Docomeots. Sttbmadt b that teeno segamed by the Combed Dommom $ uuWbe redaeeedby the Anehilectvitl and wdon. § MIS The Cttetaacterahau mview 3br cOpliamoewith due Contrast Doccunco% appsotra and sselbs>!it to the Architect Shop Dmawhags, Pro" Dom, Sanp1ea and simrlar mboftb inquired by *e Conwa Docnm cm in aacardence wJ& the mAoWttal acleeduie appxoved by tie Arehitaat or, is to abssace ofan app mvcd ache, with mmomabla I I; Inesca and in such segomm as to case no delay in the Work at in the actiWes of lite Owens or of aepapga cochuclum j L12A By nbm kit Shop MswigA hudoct Data, Sasapbs and shnihr snbm MW , tie ccwmcW=p=m to dw Owner tend Amtthat the Oaasrastmbes (1) reviewed send speved Stant, (2) determined and verified mater Dell nmeamsem> m and field am ati ve m cd1eo&n6ded amelo, arwiu do so and (3) chcd ed ad coordinated the man oeumutedwidein such mbm*bb w:hhibe rqA=mtg oflhe Work ad offite Cam met Dommu nts. 1$.15.7 The Cel shell patbrm %o pmdm of the Wo* fawhich tie Contmct Domom a regnfe+e aolm nuf and review of Shop Drawings, Product Dela, Samples or similar sulmittsh mA the respective =bmitW has boom approved bythe Asehfseat. J 3.12A 7be Wa k dmii bo in accomdanee wilt app oved gobmtft b ampotettim ceotucwWa nl be r eHe n d of respamit'bdi' tyfor deviations frrart Buts ofllte C Docummb by tine AmbileWs appt+cvul ofMM ]X1VuN%ft"Dff%S=V of ahailar subsmittels busdre Ca�+ractaarhas apezci$oslly imfasmad theA heat inwdfiaig of mjeh dmiMbm ed the t m of submbW and(!) the Architect has givem wthtm appro d to t wgccifi,e devhd m as a minor chmpim. %a wash, or (2) a Choup Older or Cm*uedoa Ghage Dhft&a }las bgmkpAd autiwhftg dee devfagwL The coo mwtor shau moths redicvod of tuspondbohy 1br emote ar ombsfons is sleep Dn whogk Prodw Date, 5smrpka or similar s knwbb by ft Anthi mfg app wd i>> n*f 13.120 The Cambactar this dh+ect specito ammam i n wr*g or cu fitted Shap Dmwkeg , Prodnet Dots, Sar Vlet or sia+ilar i d m htah, to revisions other tion dx= requested by the Aeohitetct era prevkm gabmmillals, lea the Absence of such wdMm nodes, IWAvAheWx eppiovW ofa nesoWWmdm &U tint apply ie such rrrWeIm g. 0 9.!210 The Cmftworshigna baxmquaed topmvide pmf iricmei urvh= dw ecasmt&* the pmetjm of or e o neons calms Bine servIoeec Ase spm HI nilly mpmmd by the Couh=Doctumsmmi fur a pont m of Go W** or wdm the Counceorneedo to poovide smash aes*w in mit to carry cut the C+ndmemeg rrspoasibuilies fore mstruetiom mean% medm&, tcigae% segatm= sidpomhumnc Camtraartar shau not be: requiW to psavide pee and sear Am in vxAmu m of egpl cd& law. iip+o&sio d design services or samuf en ions by a design pr ions resbsted to aystom e, toeMmols or egvinect are qe dfiWly =*ad of fhe Carat .., r by tic Ceateaet Dodmctd%l&e Owner and dee Amhfboct wall specify au mance sod design ad" that m h mvhM1 mtgt *tisfj. The Cmtrscctas Ahad cause mch mvkw our tsesRificot too be pmvidad bya pay liaxmed deatgn profoeaoasi, whease signature and seal sbau appear m sell drawie�„ calatb<t[osrs, 4=01eatims, mdffmdatK Shv Dnmvkp sad other sabmbt& I by comb pufiessioneL Shop Dtawipp r ad other submittsh m1mcd w tic Weak designed or seeded by swch pm end, ifpmpobd.by ethical, does! bear each ps+ogesaiamal's wirttm appeanW wheat E&Rttted ID dna AreOc UcL Mm Owner god the AmMoot dell be mftd f 1W tammamtAM`-uses. cmWW ea ink Mi. long, 1e#t161a706lam■ lg . IBM Im, IBM IleB6, cape, rA & feez.lg6 mW=Fbvymmm mR elt r.erM.mtArdnnd%ata0ftN mwvmL WARNMUs rw'nfum m mis p, mutumbyllt.& LWaniyundKV*WmE�w�FT�ra��e a�eaadr rtr dgare ataa7st AeA" &',ti�paae. ar arty s int nk ko asvga rtrs ami art .ae �. nnd� be pd� gas a w Imnot fmam . Tcre� vAnc�im byyfm �i dAA 'V--' m** dMWM npmu� m* to rely upon the sdequacy, wmncy and completeness oftbe services, ow tificodons and appmals pmfmmd or provided by such design pxtafessim ak pravidad the Owner and Aeehitcct have specified to the Conuaaer aIl pmfwnumee sad design edmia that such sm4ces must satisfy. Pm=nW to this SecWm 3.12.10, dhe Architect will review, approve or take other app mprietc action on submittals only famr$a ] rdW pmpose ofcheddug for confimmome veldt information Sivas and fhe design cmcW egnssedin the Ccphw Docvmmu. The Com algal[ act be responsible for dw sdequaey of the peefonmom and design criteria gmMed lathe Contract Documents. I313 USE OF 81TE 79he Costtractor shall rsmdu apwutkm at dse gibe tosagas pemuttadby appHemble laws, m inmus, codes, rales and aphtions, ad has W arderas of public autboritles and dw CamitW Doom=* sod shall nottuunasenabiy encumber the alta wlih rusurials or eqakmmz 3.14 Clfi' M AND PATCHM § &IM no Cam shshl be respo Wbic for axagi or.pstchEng requind in omapla fm Wcrk or to make its parts ft UW&w prppo*. AN measn*it aatfm& andp &h%g "I be unload to the conation 011111AS PW in 60 fitting amdp d dm& u moss o1humse ngmmd by the Cook=Documuft. $ 3.142 The Contractor mall pat dump or eadaor at paotbm of9m Walk or ft* arpsrtidly completed aenstractioet of duf Owner or sgmm& eanhadors by cmWm& pates& or a&awise WMft nch eonstraudon, or by mtcavatiom. The CammwW da net cut or Wmwi>w shier such eaoahn ction by Iia Owner or a mpamo eoatcbr araept widh wdttcn consent of the Owner and of'sach mps nw no r; such om" mt da not boumuge mbly wi9tbeld. The C�eedorm>mll not mateaaoaabiy'viihhald tmm the Owner � a sepatahbe t9lha C�traotar's consent to acct tg or admmse alteriggsite Work. i 8.1s CLEANING up I 8 II The Comaactpr shall keep thepren lm and mmmn ft am *a flout mmmiagon of waste materials or rubbish cowed by op ex txems under dw Contract At ca Mlagon of flue walk, the C=mm mr shall nm" w4 to m tedais, rabbuk the Coaobactor's loofa, comafrWbM egnipmmt, macimW glad stupius materials from and shoot tharm#cct. $ 3AL2 If the Commaw 96 to clash up as provided in the Comrud Doamnea#s, dm Owner may de, so and Owner shall be entitled to rebabumuncot fiuhn the Carstnaam. I 8.96ACCEBB TO WORK The Contractor shall paravidc fie Owner smd Atddm acnes to the Work to prgmW m and progress whuever boated. 13.17 PAYAL71M PATIM AND COMM The Cas b=W shall pay all ru*1im and hiaanse Men. The Camtractor shall deafmd snits or claims Sor WMagamot of oopya i gbis and patent fleet and shall hold the Owner and Arcddfect harmless Sam loss one WCOM thereof, bat shall EO be rcgxm 'ble #mar mail dehm m loss avben a particular das44. process or product of apmilcala unafteftw or marmf I - is mq*od by the Cumbx t Documamts, or wbm the acpyright vin] 404 as contained is Dravvmgar, teams cur other dpmtaoeats prepared by 16 Owner or A=b tact. However, if site C1m*actor hat mom to blieae fiat dw requand desgp4 paaoem or p mdaat is as ittf mPox t of a copyright or a Cosdeador shall berespomsible for snob loss udkes such ini rmastion is t>ir fiatmirlted to the ArchftecL 3.96INDEMMFICATION 8.96.9 To tore Mae mttent parnditted bykw the Contractor mist! We=* and bold bmnd m Ow Owner, AWX*cc% Arm's eoneoltsmts, end agents and amployem of mW of theam from and against stains, losses and mgmnses, iadndigg buhtot ti>sited to w1muays' fees, adsing of oforrudI ing fi m paimrme of silo Wad4 pravidad that snoh claim, datm c, Iris or espeaso is attributable to bodily igjnry, ddmess, disease or death, or to himy to or desimetiam oftaagrblc Imfarty (alta titan the Wotik itmdf , but only to tie amt oawted by the negIsm ads or ondullana of the Camp, ■ Subcrmtradkv, =gomc fte* or hrldkn* eatplwya by th = or mWmse fbr whose ads they may be 3iWk t+eg Wi ms ofwhether or not such e]alm, damage, lora or expense is OW caused in part by a party indemnified haumdm: 9mb obWo n shall not be tom W to mgmW abrin or m&= IIF11Do iA707—mpT.Qap A 14ilall.1�17. lmtar "A us;Imn.1a9a,IsK IBM Iota, ism 7ai� "u.IWW WdxW jWTmh W&m Inkbrsltioafhadd�e,Aariaid■�eYrd.Mr#Ind'lh1a VM~kLWMWckdJvU&CGdypl&"Iawsdd wATinAftLUwA* rlwdmpw. 16 da�llonsrd�6lt�utonatllMsa►dl �arsePt4t�k&iEs�redFa�At��redrrAfsea>did�nar_ts11od!Iem ! m�aaihlssund<xeiheanw.'ttlbdouenMdrraaeredenelll�DIa169asD'1 unttarttwMr�atNA aldlrro��tasdaBA. aal�detahrtNrh� ttdRdooueo<tilbaMnbbYumA eftmk-mdabfArahkdWformm4mrwady,aMmwodtbammmdmdpdorb biwr�l odw rights or obligations of bn kmWty deet world otherwise cxW as to a party or persaoa 4= %W in this Section 3.19. 13.183 In claims against vWperson or entity indeoaWAW under this Section 3.19 by an maployee of the Conusvicty a Sam anyone directl3' or indaectly enaployW by them or anyone for whoso acts toy nay be liable, dee indevatOcadim obligation under Sectkn 3. 19.1 shall not be limited by a limimtion an sawakitor type of domgp s, compensation or bei payable by or fire Go Conbackv or a► S bcontracter under workers' em penmtron, sem, disability bait arcs or other employee bene& acts. AR'iICL9 4 ARCHrMCT 14Li ONE1+41. 14.1.1 The Owow shall min en archkect lawd'ully McauW m p=dve arAiteetura er an sift lawfcrIly pnwdcmg arcbibw a i%the jwisdlWan whets, the PMect is located. Thstpeason or entity is ideadfied as the Architect is do Ag rt and fs rohnid to threuAcO the Cetnnd Docxoonvow Ba if singular in user - 1 x'12 Duties, mWmMxMw and. limof sathodlty orf the AuMbect ao set ArM in the Conum Doeoammw dtall notbe reahicK modified or asadu&d wideout vMtten coneent of fin (honer, Contractor and Arr,hiteet: Consaeat shall nal be answu eamebly wttb wA § 4,'l3 If dna m%dayawal oftbe Awhitactia tamimted, def Owner shell wsploy a sucacedaer wcabbw ata to whom Go Contractor has no n=omblc mon and where sWw wader the Contact Docnmmts dial be flu# of &a Ambbect. j 4.2ADUWI57RA7W OFTHE C1iFRRACT $ 4.2.1 The Amhitesct will pmvlde adntfirder fien of the Contract as described to the Contmer Doctmnents and wf3l be on Owner's reprc:emWive dosing construction rsd The date Ow Amhitaat rashes the final Owfificete for Psymeret. The Architect wilt bane attdwriey to act on bdhdf of the Owner a* The creat pavvWin dee C= taaa Docua mAL $ Ul The Arebibect wilt visit the she at bar als apptaopdiate to die at ge of aonstruc&v, or as officrain ap ved vA ire Owner, to become geamally Awal;ar with dieprogreds and gaaU W of deepozl i m of ate Wedc 0OW431ebed, and to doWmfae in general i thf Wan# observed is bring peliftamed in a mofaaw g *w tba WW; when fi* omrplef ed. will be in "=dance *-A the Cached Do=nad . However; the Ardbecst will raet be t"uimd to vuhe grhausdve or ceatimeaaa orso oaa to chacklhe quality or gra *y ofdw Work. no Architect will M have control over, charge a C or Teq adbilft3r ft the: emfanctlan mewva methods, tecbuaigt>ea, seciuemm m' proceduered, or for We aafety MM*m ad prog reme in coon wide the Warn, d oco d ear are soteiiy the Conku es rights and ra word Ries 1mdff the Co w wt Dotat mit, except as provided in Secdon 3.3.1. f LZ3 On bobs ofthe tante vidts, the Awbima will kc" flee Owner rm moabiy M mmerl abowt thelnmese mad qw ty of the: passion of *e Work eompl kd, end reportto dee Owner (l) knows deviWoaa from the Contrast DocinuM and *nm the most recent oondt scrim schedule submitted by the Coed, and (3) ddecd and deilciendes observed in dee Work 'she A wM not be rasp noWe ft the ComrwWx AD= wpert m dee Work is aeeeadence with deo nmquireaawa of dos CoatrW Document& The A ddteet will not have control over or abeW *(and will not be rarlpewahZe fbr sets or ambsio ns of tine Gomes dw, Strboamtrswrs, or tkeir or en ployewd or wW a&wpersams or eooti o perfamiagpw ions ofthe'W'odo. JUACOPAMMUTRW FACQJT'AY NO CplilMW ADlIM11STRAYIOIII S umpt as odtaawiee provided in the Cmtmct Doramneats or what d'u+utt ccmumenioxtieacd bare bean gwmlly nrmiaod, life Owner and Ceoatra W dW eohrtov'to ate with cauls rifer Sway h the Architect about nested orb tg out of or raWkX to the Co owt. Cade» Or . - s by and with fife Aydthecs's oars bots d oU be aerongb the AteWftar. Commwicstim by addwith 9nbommescs and mala W mppliers Ad be mtvagh to Cwvwkw. L:aemmrmicatiaaa by end wide dapmwb cockno cea shalt be Quougb the Owaar. 42.5 Based an the Arsrhitect's evahestlond of nae Conttac0ar'a Applicsiinns for Parymt.i the Architect wiilmvww and cw* fie as7 ooWs duo flee C� and wil issue C HIcaaes for Pay= Tipp suds t wow. 42A 'lire Arddw has afathm* to n&d Wa k that don not confan to dee Contract Docarocgo . Wheac w ihs C 1lltCltlte�t adeli It �et�fBrS► Oa: idV�ble, ti16 At�ted Will l�aVe alldlea7tji t0 �Ipt�{l�'�e IgOa 09Ctedti0g D�1e rJl IRL /W1IIaanArllllmsl" —x04T. Oiaasq,itnl,12147816,1ibtl4lasr.1d81,7dd41aar,lBMI=.1WA1a1d.1aer.laWwenujW7hsTw� MMzW�IsofNet�ttaekAa�Nitla�evad.lRIAT�IBaL4s7Ai�AfA��n�wrlrnllsproaebekg�tt�.C�ighllawu►diRraargiiar�atT.11pae�ue�rrpra` ,17 d�6oiia�steibWtonoflF�aJIUI, taroma►anypa�andlkl�elMo��dlisuebwa►s+efutiaadaekalu�ets.a�adwB}BuBra_basae�dr�um sndisnatfor docnm�MlrtanndbptlwAa�kast afaAn dataror�dnoaussan�an�fineynorer radrwdP av mgr ra Work In ao mimo with Sect ims 13.52 and 13.59, whadw or not such Work h fid, matalied or oompiated. Ebwever, meiw this authority ofdte Architect nor a do"on made m tW fi t either to comin or not to oanrdw such &wily da give Amlo a duty ccreapomU ty offt Arahhectin the Coubuft, Sabo& tnatatW and equipment suppUm, ihaic age=s or employees, or other porus or eulit n pwtmmkepmtiorts ofthe Wodr. I 4.? x' IU Atr]titeat wM review msd app w4 or take other app vp asW notion upam, the Coub&otose's sahmitnls such as Mop Dmwkgm Pradud Dan end Samples, but anis► ihr the limited pmpoae of cxigg tar ooubmwo with iffier mWfi* ghw and the dedp oaaoept ea pesaed in Me Comb= Doaaaterots, The Arahk eWs ac den wiU be fa=un scom'danae vA& fhb sdknW sdtednle approved by fire Architect or, In On abscme, ofaa appmmW m*mitml schedtde, w& moble Pr's trb& @Eowka adfidwd time in tits Ad's pmfemimd judsmew to pmwadequate mviea. Ravlaw of mob his is nataanducted for do papaw of ddmnh fog � aomracy and Comtpla man of other details such as dWmdm and gtmntities, or for aabsmnddutg ulama for insfalla m or pertcrmanoe raf egaapaatt or ail of whkh remwn lite ngpiaosibft of fire Conftcgw as requkW by dw Ca dmd Domm oft Tbs Anbbwrs rm kw of3ms Cm's submittals &bail notes the CO -11 A I aft w obltgdkm ander Sadbn 3,3, 3.Sand 3.12.7he Archil Wa review dM Act owatim approval of tattled► praosnWM or, autos& O&Wwin apedffcdly stated by Bra Artthbmct, ofmy am strudiom mss, wok, s bdimiquM segttmm or prncedmft Ila Avdftces mppn mW of a sped& laem aitau pot ietdk to )Approval of err ssaembly ofwhich the item is a amoponot The Arddled vrt0 reYiewthe submlthtts and return same to the cadrectar wltMn bn (10) business days of nwelpt of sold submUW. 42.8 71aa Atvdrltect wM pr qm a t2tange Orders and Chop Dheadves„ aedm y =marine this w obattgaa in lbs waw as provided is seater y The A>iteat wi11 uveae spa nteke dtntipatian: arra teoomtomartdatiwm r+t�,di�g aoiaa acrd tntlrnewa oamt�iorttt ss ponavided in 13eCtiou 3.7A. # &U The Arthltm will aom&Ad mapeadomri to ddrandue the data or ddn of Sal CMVidiom and tbo date Offnd cnnrpkt m isstte Cecmdtes of sulraasctial Campi&ticm ptmanad to Sadao 9.8; receive and ffiortvmdto tate Oemer, far the 0wnes?s nvkw emd wtit<en vmmast*s mrd related by *a Coaermct sad oncmbled by lite Co*aubw oto Swd m 9.18; and imus a fatal Cerdfioo far Pgma t pmoaat to seefiW 9.10. $ 4.2.10 ifdte Owner and,Arcltiteot agno, the Arohdmt will p wMa ow ormom pmject rqx=cuwjv= to &mist in c 7b9 out ate AtabileWs rvq=sWlWm st f v alta The dunes, >Ga idw &nd Enftatiaos of antborly of mx b pgcot zopmealathms sbdl be as set fasdt in an exbrbHID be hmpamted in the Cranum Dommm gL 1"11 Tice Aml&wt vrM bft prat and deglde MOM eommrtt s p 0mmance emd*6 and requir mremn o4 *e Conked Docammb on wibm requeat of either Uta Owm or Cir. Tis AnhhWs ragxo to such regamb will be &fade in VAft within OW time limits agra d Apoat or aftr a►im with reammabb pmmpbm. $ 42.12 bW"dadm and &cid as ar&o Atntitbd wM be cast wM tbo o& tmd mmma* ttt&able fiUn, dte Cordrad Doatat ad s w d wM be in vrti ft or in dte tam ofd, whom task* such iobrprtt:dons and damns, the AnfihW wDi andomw to segue 6MM pw* mm by bods Owaer and Cm[aa w. wM nut dwwpartialipy to ddw and wM tmt be liable for tm alis offilial rel lfoms or dcdaiaass r nd%-ad in flood h& � 4t18 The ms's dedadms on mattmsrabdOrg to ssadtetk ai�t will be final if ronsbtmt wiQt fire sscpremed in the Cuar�asat Doamtenm. 142.14 neAr6bhftvdll meviaw and mspondto requeft far in5ortmtlart about Ow Comi[adDwmmis. Thu Ara dials teq mse to such taquests wtll ba =ado in wrtbing wig& any time hnim agreed upon or adwwim w2h teaeooable prnrnpbteas. If �, tba Atabit�t vrAl pregtaro and lama mWoental Dmwmp and fteifigrtaiams m tespomse to dee tngnems for . ARTICLES 81111QONTRACT10iIS i S.1 DONTM 13.1,1 A SWmo meter is a parsam or ' who bas a db*d cmaud wilt fire C n juji ImpgrgmiLpmomofto Wodt nit fire sibs. The team "3uboo as" iB steed by tbrottgtm sire Conhad DomwAnts as if maga in number and maoas a Saboonwador or en ar as ed rcP=mWeve of fire Subcontractor. Tlm team-Soboommelm" does not Inolade a: mpamts or subamosdom oft npanft oontwgw. moon aaareta�mat*-aan.t� 111161 &= +asr. tact, t8K 1W ISM 110% M ISM 1W iea7er� =IYI "*Amm k= h�sotJMdips�fr�+OlUt lml- orwW or�,ebru0t s,*Aa La,r,aMi �7i cm 98 dui adteri6�erarr�tade Ja/4 t�etee. rurd�lll�ePrpweolddtdtre std mftgPMSMWXWO*bw-Ttbd=MNCWM"PI-40197115OW521 1 undl rlim imm WAR CoaxweigmWDMord order nu.geeae8 em, a�bnatlrrweab.7l�dapwnwr,�lberoelfprliuAoNA�m[orAae�e"fsa�re! Wdgn� a►�dmeYrbtbs aept�d�pedMorb armn�iOn, J 5.13 A S&ffd cwttratar is s paw or eaft who has a direct or iris bW conuW with a Sabaanfractor bo puform a portion of Me Wak at Ow site. The is afted to Ovaoglmnt We Cowed Doem mats as if dagWar in mamba and mans a Sub -subcontractor or an au&adsW representative of the S& s bcoawwtor. 62 AWARD OF SIII WX RACTB AND OTHER CLNTRAMS FOR POiiT M OF THE WORK 5.21 Unless o$awim aged in lase Cautut Docuama or the hiddnog requfoeenre K the Conbaator, as sonar a praatio" of award of the Coftwol, Shari Avokh in writing to the Owner t romb the Architect the trema of pat'soam or eatitlae (Woiadiag those who are to t mrioh meteelds or a iWpment fabricated to a rpedal design) proposed for each prhwqW p u tion of the Wank. TJw Axdut d may reply within 14 dips to the Cwuaclar in writing stating (1) whedwrthe Owner or the Arddlect Las maomble objecdon to any such proposed porion or entity or (2) tlbt the An hhact requires additional ti m for review. Faiha ofthe Owner or Atcbhcct to acply wifhin the 14-&y period shall caatabow notice of na rsaw able objediom. 522 'Ilan Camow shah awl contract wilt a p wpow d pmw or as* to whara ties Owe w or Architect Las nude reheaetW6 aid try eVeetion, The Conth Aw dMsorbs required m eaaw at with anyane to whom the Clatntrador has made ratsu aMe objection. 3 5.2 8 If rho Owner or Akhits d has =soaabk objection to a perm or soft proposed by the Canbactor, to Camtasatw adnll purpose wades to wham the Ow w or Atdtltaot hu ne reasonable d*cdm. Ifthe peopmW but tr,jectod Sub mtractar wasreaasouft oweble ofpwh misag the Wait, tbt; Contract Stnnand Contract Tim shall be basaaed or deaaaedby to mmmce, rany. occadanetd by w& rebaage, and an app+oprlate Change Order shall be iswaU inn oaaammwent arfthe snbetita to Subcontamines We>;. Howwar, no hwaan in the comw Sina ar Conttact Time sW be allwwad fbr satch dmp amku the Cmauaedw bas acted praampty mad nW mdvedy inadvietirtgraama as sequha L J ti.24 TLC C0UWetar aha11 notnubstitute A Subcahtdaoig, person ar adk psmvioWy selected ifthe owner or Awbliact makes raasonabb o1jecdoa to aaah B* t4*m J u $'IIBiAMTRACTUAt:Iil:LA'I a By anwpaiab agreed writtm whom kgMy ragoiued for validity, the 0mactor shall repbe each Sobcoaftm tor, to the cxkd of the Wwlc to be pa&nr" by She &JbM9MC1W, m be bound to the Ceahadw by teats of ac Cotatract Domnaus, surd to sett im toward the Caaawwor OR Ste obligstlams and nqamnWww, hw hh ft SO ahegxmm-aiilidy for softy of rho Sabomracwes Wody which the Comttito W, by than Docwoa s. ON m - towardtbe Owner acid Architect. Bach subcontract agnmonot stall presem andpsotac4 *a dob ofdw Ownu and Arcbd wt ander the Cam" Doememts wAb nepect to fire Wend tube pwfarmW by ate Sabeoanactor so that m6awftoft ftrofvrM toot pt,Qjadioe moh rights, and "allow to the %* whtraotar. unless Vmffically pttwls3ed otherwise int We atibcaadr o aunt; Ie beatit ofall rights,ranedias and radmo against Aho Conaso r tau to Cook*=, by So Contrut Doatmt=* has agaiad to Owmar. Where appropriate:, the Coo m*w abali Mane each &&coawww to enter irtte vi adlar ssmoommoviANh4obamuractorLue Coahtmcmr shall maks available to each paoposed Subconimctar. prior to the macution of dw mftoabaot agrepmeat, caphs of dw Coaftat Doo>nhtatts to vrbioh to Subcoa mmiar will be bahmd, and, %= wrinan request of lira Saboamacto r. Men* to Ste &kat voter tarns sod coiAlbums of Abe ptopowd sabecattaot ageonwo titan may be at vwhmm with the Coauhet Docmrtarfu. subcoakwow wiilI uimmMy maces copies of applicable pttrtiamu of such down nb availeble to their respeetkm pt"ond 5.4 COKT=Mff ASi3)SFlM OF SUBCOi1TRAM 841 Earp snbcoonhact agtbentew far apordw cfthe Work is aasig W by the Contaw w to the Owner, pwAdod that .1 saudprowt is d betive a* alba tebman don ofthe Cottb*d by the Owned for canna pmaa mM to 9eodan 14.2 ad only fs these subco atmet sgrraememts fast the Owaar accepts by m bg the 9ubcottractm sod Cm*wtwr in writii w, and .2 stuu%zamd is sabjcat to the prior dgb m of the musty, if any, obBSdad under band relaft to the Contract. When to Owner s oveptu the ssa*azaont off. mbcozma agwmcn4 dee Owner momw rho ComtracWs rigs and obligatiams wm* flu suboarttraat. A Atte wmM AMI" —M. lqpylWS 1a0410M101k W1a. "K 12V,10.IOM 1 K MOL IBM 19M "M 115s, lWmdZW Mr7ata.*mm trt a%64eG1AmN aft M d&M WANOM U16 AW DAiwnw*k prr MMd by hbap. etaW4M UM IMMaMrrati W TMAIM ttaswl MM pp, . 18 dutaaaar�arlhlEAL1 t7Mveu�4�r�J1P�a.m�yeraraltinrawrr�aiwllande�A�lerralfeq.andarutM�praieaer�nib9B�rero�cda�tln! t srwfs imwdw7htr�*MzMt k*MMl� Wft kUIMof i f0r*M0t Moo* M*rMteiepbib 1llpor4� 9a8i, I S A2 Upon such assigmneat, if the Work hes been sospemded far mese ibeaa 30 days, the SubcamtractWe comma shall be equik* egWod forincreases in cost resaltiog Siam the seaponaion, J S 4.3 Upm such a siganueot to Sae Owner under this Seedon 5.4, lire Owaaer Tway hwdw mWn dm subcontract to a ssmocuoar coMuetar of allm amity. If the Owner sss*n On M=ntract to a ai=m ar conkockw at ether mfity, to Owner shall neverWam nash legally ruble for all of the ascce000er contuw's obliig b as under the ssfrscf: ART1C3.1; B COfNS'3'RUCTlO>h1 BY OWNEt OR BY SWARATE CONTRAMM I ILI WMI NGHTM PERF E CO1WTRUCT10iMl AND TOAWARD S PARAYE DtR1 UCTS JILIA71w0woorreser the d& to pestfmm oonshwdm or opmadome related to the Pm, jest with, the Oai►net'a awn farces. end to award cmofsacals am ooaunediesr wish ager portioans of Bac PTaQeat as other cemranotioa ear ep uidoms on flue site ander Cou Bona of the Contract idioa&d at wally siooilsar to !bene ko Saose postieam T+eiaaed m imumnae coat waiver of anbrosgatiar� lffhe Ca*acw claims !halt delay or aMuomei ensu is mvohved beorm of wah atom bythe Our. due Co huckw AM nolus ach C1 = as provided in Article 15. I L12 Wheat oqww contras we awarded Cat difeneot point m of *e Project or other coneum la or operations on do site, the term mss" its do Cantrsct Deum nants ht each coon anion mesa the Confrsckc who execubr eaohsepertttnOWrA* ostoectwAPmneC I 0.4,3 7be Owner doff provide for coordi ashen ofthe artividas ofthe Owner's awn fat and of rich separate cavae sw wilt the Wouit ofdeo Cents=. wbo sial cooperate wilt tiraur. 71m Cesmacw da par ickaaie w9th o Hrer mvau to ccokadors and the Owner in Tovt vhm 1hak aamshoudan sncodeles. The Coutcactur duM molter mW revisions to !hive cmatructfeas schedule doomed aaccaseq slier a job review and muhnd agreement. 7U emndniction pies sbaii their eannsadho the mhaduhes to be undby dee Com. acetate and the Owner antil subsequendyzavlaod. § LIA Unlem otherwise provided in the Cesesp d Documents. when the Owmerparfawos eossmantion or operations muted to ft Poject win the Owner's ass Bre Chow chill be depend to be sabject to the same dWapti m crud to hsrve *a samse rights that wry to Ste Contractor ander tits Com&YK= offba Conrad, lwludko& without =daft othu% Snore stated is Adide 3,1his ATfiche 6 sod Articles 10, 11 and lx. J es MMW RMP iinY i "l 7U Conitacrar shall of W dna Owner sed sseporatc oaafteclars reasonable oppmhu ft fele hfto&"= and storage of thdr numadahs and egaipmamt and pedbnance of fh ok aftdms, and shalt exert and coordinate the Coaftetor's const nwdon and operademe wilb ditirs as ngdred by The Conaw Documents. I UA lfpart of ibe Cwkac 's Walk depends fer ptTlper execution at nabs upon constrotafhm or qpmd= by ..the Owner ar a sere aontractar, to CauruwW shot prior to poooft ft with 11W pordm of the Werk, promptly report ID Ow Architect apparent dWm pandm or ddbeb is sock other cons mcdon haatwould rouder it aasaitabhe for such proper mxera don and results. Falurs of See Controe for so to nport shall eooaaK%M an acknawledgnmon tint Me Orr, aces at separate couftactor's coinpleied err partially oomphood emrnstrucko a is St and proper to receive fire Con traotar's Wcr14 mccept as to dcfwb trot then reasonably discoverable. I UJ The CM*M tot shallMb*ww the Owner for OWN 60 Owner iacros that senpayable to it sepffM amttnck r bsasase of the Confte Ices; delays, hgcupe* timed acavAns or dedecdve coushtubon. The Owner da be regoasuble to fire C,oenf raeW fat oub dna Ceubactar imus beasnoo of a separate coatrocWt ddRM i>apxap sty thued activities, damage to the Wa k or debesve a msauesam. J UA Tire '� shall prx I Ily remedy dapage ibe CoaftactorwTongfupy causes to congdmd or pmndally collet ed conshuchou or to psepeaty of Ow Owner or w4wate iodise two as provided in Se cdon 103.5. ¢ L2J The Owner and each separate combsactertihen boveto sense rosponsiMlilties far cutting andpalobnrg as an de i=lmd fmrffie Cenfsactor in Section 3,34. <6LK WL NAOawaaeert�letw+„ Capy�phtOta6a. iat1, iA1a, talar 1eQa, 7ae7, last, 7ae41e6t, tae! teee,lalar ia76. til, tial and EOar by MnNio� hr�iedRaddYmr./4lIitNot rvs�d.Y1iA : r[daJ16PE°�MIMMOMW my ".4% ftuprW= W�s WM F"WMMUOU" ORRIMM WnWWMWWV ap►o 20duden err dypamuaos aMlo arbk roe+aAweA. V WW POO* elk A" ft"*b, SWM* per WW VFfthW P&MISM WWW1 F bs p load bl a RMAMM j apoaabururairNma�.ltAseksarrmnntw.a.erdenplle8lloteis�e�7 ,rd.rlh.l.rmsotllfA advaa/. and k opt far aM� iii doeumenrM Ie�neadtNflaAarMliellm EnenOulsdA�e�li,ra�►Ilnwweardnaad anlglnet0enmpoduaad pAorbis m�w� 15 3 OWNWO MART M CLEAN UP if a dispute arises among the CaetMdaut, Operate oorraadW and tha Owner as to the reapoaslk ty tinder $Bir reRteotive our&aots for mamtBining 6O prtaoisee and amts area five fiout waste material and nffibdsb, the [humor may claw up and the Anbbd d will allDto to the cost sarong three meapausllble. AR11M 7 CHAROM IN THE VlIOIiM 7.1 QBMW 7.1.1 Chops in to Work may he awamp1dwil aft examd1on. ofdw Conuxc4 and flow 1nv%U +ath% the Conklat, by CbW Ordw, mon Chop Dzeetive w order for a - dtmags im ew Work, ea ha tto ibB fimitatiama shdad mthis Attfcle 7 and dsewhma m the Comm An changes in the wank will be cost pias Men percent (15%) fee and two parcent (2%) ZMrwuranoe. 17.12 A Chop Dilor sbtdi be based upon ag<eemmt =vag Ste Owner, Contractor and Atch%ck a Chop Dhcd w req*m agrmeaned by the Ownwimd Anhil t and nuty at msy n t be agreed to by tha as order for a mhlor longe in dw Work tmv bo issued by the: Av d&mot aka ¢ 3.1,4 Chops in Ste Wolk shall he perbuzed under WHo" puovbk ms ONO Ceettrad DoasUM% sad foe C m*Bdw shall Pond pequaaPly, tu9m atberwise prWided in the Cbagga O nder, Causkodaan C Deectave or order t r a -in chore in the Wadr. 172 COM OFMRB # 7.3.1 A Chang 0Ww 1s a wdWn instrument porepared by the Arobboa and s Wod by Ste Owns. Cont*dar and Ardfleed daft their trgreemot upon A of d e following: A llte a in dm Wmt-. I The srmnt offie 0409merg. if wry, in the Cankaot Sum; and A The a deot of fie ate, ff song, in the Contract'Ibm 173 CONSTRIIC DR CfIME PIRECr M 172.1 A Gunman Chop Db d w b a arxitien eederpr poed by do Alubiteot and signed by the Owner end Ardtikmk ditetdog a change in finViork prior to agMemerd an adjnstmect, if any, In baa Couhm Sum or Contract Ilium or ho& Ile Owner may by Caoetrudio n Cbm w Dive, wf&m lnm Udetfog the Caut:atd, auudw duvan fn du: Work vuritbin fibs geelWd soaps oftha C 00frad canshft ofaddibac% deldiara ar otbsr revisions, 9w C0flWd SvM and Q I - , - Time bei u#usWd &=ordhWbF. 17.5.7 A Conshuctfan Chop Dirudn shall be used k dee abeam aftaud agrraement an dte tens of a CSB Order. I TA 3 Ifdae CwA&uo* m C*e Di oWnpuMes for an adju mems to the Coronad Stun, the qustmeot shall he based an este ofdte Wowhtg medtods: .1 Mttttml aaaepfateoe of* baso sum properly hatniaed and MWWW by suS1icieut mbftdhft dos to pumg evahatIM, I Ubft priers dolvd. is the Contract Doc aneM or affise tt ndy agreed, apM .3 Cost to be deed In anaanuar agreed upon by Ste PRtd s W d a raaehmlly die god or PWWWP fog of .4 AspewvfdedhiSaud=7.3.7. 6 T.3A lfu*piaea son stated in to Co grad Doemnah ar xA equetetl;y wed Woa, and if quaddes orgy aunIM plerad sae lUNWidly dzurd in a preppmed C cup CWw or Coruhuadom Chess Dhedve so that mat ofmxh omit purines to queuddes of Wark proposed wf f! can s tstsand iue pUy to dw Owner or Conttaetar, to Wrwabla astir p dm shop be cgtaita * wed. I 1.3A Upon WD* of a Cmkn d m Chop lhedm too Com dwU purr pmead wkh tba cheap in the Wuk i voivedand advise rim Ard*od of%e Contumes sgteemont or dW e=m9wl>btfae mod, Ifany, ru ed in toions. Construction Change Dh adve fir datum b g the pa+opond act CMW in the Qm1z c Sum w 7.SA A Cmaowd= C Dku do sipped by the Comer iodcatm tlee Cm tlactae's egreemBottbereWW4 incitdong �t inn Caeuhxwt Sass and Caedaaot lime or the methad for dderadfitiq tom Sttdi egt =out d=R j be effiOtive im moths* and slmil be wcarcW as a amp AUAD0MW01MMtat*M^ass. aIN Wratese,1n1,1Mr�_t91Q,IM, IM'1001,7er IM. low, IBM Ir7klW061W.190Tei1gMWbvT1WAT ftM M�iedAR /101tjOMs N tiri9:TiAs Doclfll!slelir 4ldblllLS�tsop ktlawtpAkd enslTl�giaq.tie h4rF�ed-"P dmtlano�d0alsortl►Fa1Rn$ �aePartlonala4aax�►�Mes�itirlel�+eeh�landP,1r�IJtwrrbisipenarB!!Irta� NaAm- IBlde►lerJrlw7lpredooumrllt+wsela�9m�nrMemMBt OI MPdW"beetled11M1 older so. 1, and Rmtier e�.71ee amin+enefiAoe[eed bl/IhaMalfor111nd011edArdieebs 16ratWGae apody, endmsy+lloe6sa�eduadplterb esmn�le9on I 7.3 T Uthe Cortalactor does not mVond promaptly ar disagrees with tate medwd for adjua umat in the Cower Sum. the Awbitect "deteudw sa method ad the adjtutmeont on the basis oftrcasonable expenditures and asviggs of thawperfamaieg lite Wash atlalbuttable to the rhauge, meludirng, is case of an Increase in the Contract Stan, an amount ler avedmd and profit as set frith in the Agrowaaxt, or ifm such amount is set fwfi in the Agreement, a reasonable amount. In such case, and also under Section 7333. the Comtructaor shall keep alai psescK in such fowma aw the Arddled may preticrribe, an itu~adaed awoustu qg lopffier with gw apri ft sig dms. Uri w otherwise provided in the Contract Docuprtw% costa for the p sposes of this Sed on 73.7 shall be limited m the follewltag .1 Cosb of labor, kdnft social seetc*, old age and umamplayment iaxamw, Triage bunaefda mW" byag camera or makw . and waskera' eomp maation msxsmeK .y Coats ofineb dale, agViies and equipment Wading coat ofVanspartefioa, WbOw incasparmsed or A RanW coop ofmacbiany and eqj# mm; aocdva m of had tock whatberrented from to cankadwaroscss; A Costs ofp+emiams for allbands and fimu um permit Thea, and salsa, use orsimtlaar taxes trialed1n flue Wwk and J Additional oasts ofopetvision and "office pereounel dk"y alldmi" to the dwp, # UJ The emaount of tw ma to be dkmwet by Ow Coattnataa< to The Owner for a Motion or dmp tbatrCidw in a act dam w in the, Coudpatct Sm shall be actual not ood as confimad by the Architect. When bods adMono and eneft covaft vdated Work or rAbsdhdm are involved in a chi the allowance fbr ovedead and pm& shag ba J4W d an the basis Ofaaet kweaae„ ifany, vdh -, spaot to that ohs ppe. ¢ 7.33 Peaft final ddewdesdon of the total cost of a Ccattnc m Change Dkeetive to se, Owner, tete Canmww may request payment for Work coated tinder se Ceasauc iaa Change Di wkm in Applicafimts for Psymcni. The Anhimet w2 maioe an iutaam detamb tiara ilu pmpasee ofnx mthly dam fin paym m t hrtboae costs sad eadW for paytaamot the ommmt fief the Ard tt d dotemWnM in the Atd*eWs pmhmimd judguai o W be rasombly just& d. Tho Amber's interim delumioadw deost dM adjust rite Cartract Sum on the same beau a a Change Oxdlx, abject to the Amid of eitbar party to disepw and assert a Claim in accoub rca with Article 15. 173.10 When the Owner and C mwd w agree with a donudnafion made by the Architect eoncen ag the adjwgmauts m #ire Commot Sum and Conbuet Time, or othWAw reach sgmemant upon tine adjustments, such agmanowt "'be effective mwedistely w dibe Awbftd will prepere a Clove Order. Chop OMw may be iseood for all or my put of a Cowbudiam Change Directive. § 7'31111h M C!'lMOU M 111E WORK The Afth teet'has aftdty to order minor clunwe in the Work not involving adjuMmm in tine Cenbact Sm or eadwska ofthe Coahttct Thee and not inum=stant wj& do latent offt Couba t DoctaaaWL SO& rhaaSes will be effected by wMen owlet tanned by flue At IdW and shell be Wn ft an the Owner and Coeokwor. ARTICLE I TM # LIA Udea otheawise provided; Cadt7atdMape is rine period oftime, iwbdigg mAorlaed adjustments, allotmd in to GOtmact Doamuelats ibar Sated Cion Oise, We* 8.1.2 The daft of'coinmencemed of the Wok is tltc date wWW&W in dttAreennont. #.13 The date of Moods! CmVhticn is the date certified by the Ar"cat in accaordam wide Section P.R. L1aA Tine tetat "day" m used in $at ComUnct Documents slump mesa calendar day vadm odorwise gmWflcaw defined. § L2 PROt PANAMl CoMKEt1Dh I LLI I-=* limits abed is the Contrret Documuuuls sae of the encow of the, Coahma By emm ing theAg+euaaatt the Contractor eonfimna flat the Cbnbaet Mac is a reasouble period forperhadog the Wolk. I U1 Thu Uomttactor shall not knawhgay, eaxept by ageamnt or instrocOon afthe Owner inwrift pssma hw* com i operation on flue alto or elsewhere prior to to ellea[vo data of insurance uquized by Aftle b 119 be U INAooerenentAM--M.OW04MOUaB Mi. 'IM,ltHa,11M1OV.IM, 1111k101. IN&Iaaa�,laarobWAIW.I1WwdYDVWti &adv IML 22 Inge.dwatrsa..iu�vra.wAwraw�:vmaaaoA�nntas�tsn.etru csrtr■aat�wsw■.un�e�aratir�s auctiononertr4tufbnofeelsI�tR'mesa,a.urgepatlanetiReaf�yrrseaiharsvpresi+ anAcrimteotpaeaal�s.mfr�r�il�rta+®assxtrsmuauuttanamaMM OMEtpalwou"ardwom! sed i� arras aoannwis N4n N aFa sr aro e w d r uat uta gel nit, dpibrbb on��ww�sel t . tiaralahsd by me CofacW anti Owner. Tim daft of cormmummm m ofthe Walk shall not be dWWd by me efT odw date Of tach ice. i ILL The Ccahatbr Shall Proceed arpeditim* wkh adequate furan and Shall achieve Subotmtial Complatio o Wift ilea Coloumat75me. J U DIEdAYS AND 19MMMM OF TUIE I LLI Iftm Coadrmtor k debVW at aglr thm in lite ooaan►mcement or progress ordm Woic by an ark odr neglect of the Owner or Autdimaa or of so empkWn of el&M or of a aepasaba oantador onpioyed by the Owns; or by dkmogm ordai+ad ibn the Wodt; or by labor dioputem, faey utt mol delay in ddivecio�r, m>rnroidabi�e amclaltles or Stier csa m Wyand tine moor's craw* orby de* m1borized by tin Ownerpaadirtg medismion slid acbtitatlao; or byodmrom=&dfboArdMW dcwmkses=Wjll0 ► Alloy, mea$le Ccakact 7bD8 ldadl bo axendedby Choup Odder fbr such tommahle time as thea dMoct may dou anhm Including delays for Indetramd weather, Acts of God i.e. hurricanes, tomadoea, and tropical weather. I L22 clams rdeft to dere dM be made in a xada m with applicable poayialoro of Article is. j tI.5.8 Ibis Sec don 53 dues not p mclude x6mvery of domaps fbr delay 6y obwpwW under offer pcbvisiam c� fife Cion mat D000ma m ARTICLIE I PAY9> MAND00111114" 111 CDNTRACt DARN The Comttaot Sum ht stated mDle Agreement and, asllborlmd A4b thetoW amount pmerble by the Owner to the Ccotraatatr Set fM Orme Work MAW to Doomommix. ! U SCHM to OF VAUNS Wbere the Coaftot is based an s epi aimed Som or Gum molood Maximm Pdcci the Cooh=W shall eabmit tb the Anibeet, beibre the fitat Appiimbon for Payment, a mhedub of vahtos dlacat%g the enth a Cordract Stars to lite various porticos of Bre Wak and pmpered k such farm and m *aid by ounh don to auttraeeift its amwsay as fire ATd3b tmay require, Thiff adxsdalk unless objeckWto by do Atddloct, aball be need as a bads SwmvimMog lite Ca*aoiar's AppBa dom for Psymoz ! 93 APPIICA'iM FOR PAYr11 W @.8.1 At Ispat ten datnf before fie date �blishcd for each p pay�nr, the C.otairaotor shall atAmnh tote Ambitect an bmdnd Ap hmfim ibr Pgmow p gmud ion aeeoadatme wlt the v&mh ie arvabnea, iftegckw madw Sccdw n fbr cmmJaiad portimm oftha Weak. S+ucb, applfodim shall be notes bm4 ifa quked, cud supported by auris fta s&dmdft the Ca**"* 4& to payment ozto Owaarar AmhiWmay mqu* mutt as copdes of raqu iallims fl aoa. Snboommree m and materiel, sgppllem and do& tided reWmp ffpaevkW for im tine Ccawrad Doo me a, 9.5.1.1 As provided In ScWm 73 9, am&app1u�limmR m ay in;b& requeals for m mmi nt of &mpa m lite Wads that para been prapa9y mired by dors Chaogo Dhmdvea, or by bft im ddmrmbm*w ofdo Arohlttact, but nal yet wed in Chop Or+dom. 19.3 A App% ens for P*mmt Shah not hrrciude a+agctdata fW PW=mt fir pwdm af'the Wady for wbbb the lC r ' tactor does sot info d to prey a Subxmbwtw ar nmhw al mppft unkm sorb Wady has been perhmmod by others whomtha Ccs intends to paw. 8.3.2 Unless otherwise provided in dw Conbarct DommaeuK poymeass shall be made oa aoomml ofma mWs and aql .1 p i daifvesad and much$► shoved aft die for PA= quint imcopomfion m the Wash If In ohm= Ery► the Owner, pgmmt zWsingly bemade far b sad egWp mmt mitably Stood ofPdn aide st s laeedm 89MW Wm in wry. Payment fbr Qmberialr and equkaiumt stored m or ofitbe alto dull be conditiomd upon cumplhmce by On Ceahadw wilk prowhava saiP &dory to due Owner to establish the owneez title io ami materials and egn4m mot or otherwise protect to Owmr's mtarest, ad shell %thud tin casts of applteabb inaslcm - aiwW and Um pormtiom to the ob fs+ sack naterlib and equWm tit domd off*e dta I L33 The Ca*acW wn=b that title to all Wolk sowvaod by an Applioaldm fbr P*= t wail pans to the Owner no later than the time ofpstymalm. The Cbn"abor fordw *&%= slabmnkW ofm Applicallm far 56 j ,r PAayrfrrmeot an Werk lbr which Cord6ad s for Pvm®R have bem previously leaned anti p9m ch tie WVW itr the I� �� A Mmm%*MW—MW. a i1IMMI 'r, 19141016, "M W"61.1a6B,1aar,180%UK 741a ISM 1917, 9tiWvW2a0 tvTtel WAftn LlMlbm,*/MGMbftMdittaNnNd.VOAMIk"IftP fOraq+0MWpaelooWAV9i.1F.Cnq~laNAr4aiQb* wm WWM Tom so.a�ieNiuldrlr7lr• 23dwfllonga antlf#ftAU��Stow WI%„sm�I1�sr�nerMdam ,rnookop"Mmlodbom 060=1=10 on anopiaadmrCe a rnt�aaossaea6l, ®disnotsr lhbdoms�wdbax!med�rlhrMmlennbmftftcfAmWbdmfrm '& unoW■m-EvraboIpasdpdarlob ,5, Oamer shells to the best of fhe Comninetor's iuwAvdge, hffimmation and belief, be fmoo and clear ofliees, cWm% snowily inkn9 is a Worm"" es in firm of the Cu maetor, Subwonamm materiel seW em or ad erpemsom or entities anking a cbdm by lesson of havips pwvidcd labor, atatMels and egu#aua t dating to the Wo& § 8A CERWICATES FOR PAYMENT $ SAI T,he AnhiW will, within scree days agar receipt of the Cm*acWs App>intiee for Payment, eitb yr footle to the Owner a Cadfiaef for Payment, vdih a copy to ma Cosatrwor, far suck amount as me Ayethed detcumkm i, papealy due, or notify the Connector ad Owner in wAft of'fe AmhitreWs masons for widhoiding baa inwhole or fapett a provided in Secdon 9.5.1, I RM The in=tnce oft Cadficate ft Psymeu will constitute a rqpsmWm by the AwIftect to the Oaeer, based an the AvehileWs evalahoet ofd Work and the deft comphdog lite Applioxion far Faynkeon, chat, to Ste beat of the Architect's k wwWSk h fim and belief, dLe Wont lace pied to the point sndioated and that the WAMY offhe Wctk is isaocWd==w11It the Cmxftvt Do=nemts. The 6 xg Itit owes ata s to an avahmtim of 1Le Wads for conAwmam witit tine Cosasat Documents span dnbatendal Coampledon, to rem is of absequeo and ed 9w fficm = o p essedby � Aml>' am 7ha isansaee oft Cadfie me fa pgment will ftem taonnittmte: a � that >ba Ccetttaolar f �4Red Lo peyn>aat in tltc aIDDaO# oetfi$ed. However, tits isantmtx of'a Ceetifltatbe gar Payme,tf will net be rt � thin the AiaWbeat hoe (I) Iadc ea�etstiva aT oosttmttops ark elle hmpeodtms to check the goft or gaandty of the Werk, (2) nwietred condmcdan =am methods, add* sari, sequezam or , (3) Iavlewed ccq= ofmquin dons ma roved from Sabcaru woo and material supplies sad atitex deft requested by the Owner is suintandete the Caniraotor's tib to paynnaadt, or (44) uede a mduntim to aseattam Low ar fbtr whet psipon lite Contactor has Deed marry pmlriougyptid on account of fila Camfset Smn. 18.5vBCM= TO WI1'IiFI!'LD CBUr"7lW I 88.9 The An UW traywiffihold a Certificaft thr Payment in whole ormpat#: to fi c+extantxttasca ftaaommy to psateet the Owner, if in ilia Aim's opinion lite oda to die Owner r gutted by Section 9A.2 tnmmot be made. If &a An itect is usable to eaKfy psyment in the amount of the Applicatiomt, the Azobkm will notify Ilia C*nuuw and Owner m provided is S+ecdon 9.4.1. If dw Conteaskr and Arebbect c &See aun u rnised amount, the Ambiteet will prompdy h na a Cextiftcae for Payment for the ammW for whkh the AreNkd Is sole to make catch nepseumbdons to the Owner. The Awhitect may also wiftold a CarifBaoale icor Payment or, beeamse of sWmoqum* discwfa ed, evulmoo, mai' mMW the whole c r apart of a Cmtficeie for peymm prcvk=ly hAW4 to aoeh ea c tm may be necessmy in *aArchitrct's apWon to pmtect the Ower frmm lin ft which *c C* hector is xeepaoidbIt udWWim8I= vesc hms from aeb and cadw isms described in Section 3.3.2, be== of .'! def ctivo Wmkaot mtttedied; .2 third party claims filed or vensomtable evidenao hAcadog pnaW* filing of such ok ms tales aww ty scespiable to die owner is p voided by ft Coatiwon, .3 fa M eftht` Cmftaeeor to make Pqmanh propedym Subconvactom or for labor, costed& or r4 iteaottebk evidence that Ge Wa& cannot be complefed far the rap W balance oftbo Comttaet shat; A dataase to the Owner at a separate combaalor; .6 nwow la avidemee tho t Ste Wont will not be campy witltt the Comtnact rime, and to tine vopafd balamx weald not be adagpale to cover actual or lfquidetad dam m fbr to amuipeded debty; or 3 napsatad fafhme W carry oat the Work in sake wfth the ContevA Doctrments. 0.52 Wbea iba abun rases far wiftoldmg cesi fiessm axe rctnovo4 certMostloo vd1 be made for ami mammy Withheld. § 88.3 If 9w Anhiw withholds ca dfiastion for payment under Seetien 9.3.13, the Owner may, at its sale optioets i mjoint checloa to die Cm&acWsud to any Stibconttncter or tosterial or agl know m"lism to vd= lift: Conanow roiled to maim paymaat for Wain p mpedy perhrmed ortadmal or equips umt sttigablyy darned, If the Ower mains pgrnems fry joint elm the goner shall no* the Ardtitect and the AnMw will reflect such pamfmcut an the ma ate for Payment. U MOSEN PAYYE71T8 § DA I Alia the Awlited Las issued a C dficsm far Aq=wt, the Owtmr shall maloa payment in the manner and within Pima time paavided m the CosWct Mcumantas cad shall so notify the Ankhatct. / c AKD=MWdAaa1" -NO. run 10 1810.1MI,1014 WA UK 1W,1Y67. Un ION. Ira& IBM Iain, it M IOU. IW=d=ffhyvWh0x M JAL M &ftgf R II C1 I�nix/htA�afnas atias�ata bya191 n,op rt�esersorkel�sarr�t7raNwt� t�a�maarprs 24 dueamwdsarfntar,araasA Daw~� x&tAWaWDf#, f hnamxreallkaada .ora ulPtslrmmnElWindwa ntum t �mn�nl�.'itie�doauneretrlaewd� Anrrlran�trrida/hdiaaeirAorawd�mwang��ndmgrmlri�npeeuipadpAareb,��pN�fe�►' 1 U like C.omtraetw ohaR pay cad Subamgmctor no later than sem days *airy receipt ofpaymmt fun lbs Owner the auooaW to whWh due Subcon actar is emitted, nduhng pmvesaWs. mftft ref =W fim papmaetuts to the Coutr dor an aecanat of the Subcomtractnr's portion of ibe Work. The Cmtwetor shall. by appropriate agrr.tenentwith each Sobcaontralsor, require awA Subcamtractorto make parmo to'Sub4ubeomutors in a simmm manoet I W The ArddW wJ% as request, furnish to a 8ttbcarit<a=, if panels W ixfta� =Vag p=eatages of oarrgrletdit or am a s apglied Sot by dw Contractor and aetian torero thereotr by the Atrbilea mad Oo►tuer an accemut ofpmtioms of the Worst dam by sock SObeontmcmr. 9.6.4 Thee Owaerhas the to rrgneat wnittea atrWMW fiUM the Camtacbor that the Camtractor has p opwly paid SWmanUactoo aped mats d and e9.Wpmmt snpp on samnats paid by the Owam to the Contractor sal• suboomractad Wain. If the Ceobwk r Mk to fiumsb sari evklom within seven days, Ae Owm shall love the xW to caotae:t 86con0etw 10 ascmU& vhe&r toy bavoe beet prnperlry pall NeAw the Owne rnor AwJmbet droll harm as obligatien to pay or to ON to the paymeawt afmomty to A S ubcamhadw, Marto MW alherwim be requhad bylaw. $ IA5 L7alrt w*wpaynm is to mateeW and egmp m=t ntWUw "be lasted in a manna um to that pravklsd iftmCAoms 9aAX 9.63 ami 9.6A. § 9,6,6 A Ckrf*W SorPgWWN, A pragtbq payma d, orpxfial or eentire ase or oecupmcy of the Project by the Owner shall art msati m acaoptmeee of Work natta aoaordte whhdw CamhvA Doc=wWL i #A7 Upness the C.anftator p mddu Sue Owner veil a pq m d bums is the f& penal sm of the Contact Sura, paymmu r wfw d by duo cbna crnr fu Wmk poparly pwrwnmd by Sobcmtrmim end mgrplim shall btu held by due Co wmaK for d me Sabom*actom or sapplim who pafavw d Wank err fmnMW metsrials, err bo%, wider contact with dke Caatractor for whuhMment win walls by the Owner. Notbntg camtshW hff4ft aba inquire =may to be plaewd m at senate sacand not eomaaiOgided with money of dee CAmdal W, dial arresd a wW 8dlm 6w liabr'li[y or tart IAMW cel the past oarthe Conuwkar fm brwb of trust or don ewe any paaon or =thy to an award ofp Wvs d6imeges agamst the Cmtracaor abr breach of the n9weme ds of*k providw. # L? FAIWRE OF P1AYEW If the Arehitect doer sol issue a Cadflaft SW Pgmeat, *rough m hu$ of16e CoUxacbor, aid& sem days ager receipt oi: Bre Comtnt Wo Appllemlcek tlbr Psykuakt, or ifthe Owner does not pay the Cvuftctw wittdn seven days Ow the date eatablishe d im the OonftdDoeumamts die amowkt cwdJW by the AnhbW or #waded by Waft dspote xawNbn, liken the Camtmator may, upon savor additional days' written malice to to Ow= and. Arddtwd sttgr the We*=ftl paymmW ofdw amaantawft bas bem r+eommL The Contract TO w ahe11 be extended eppropriatdy and dg Cbx act Swa"be hwreaeed by the onauat of tike Coaicaaiar's rewm able ands ofshult= +bin daby and stsmqA phmictem rs pvvjM abr in the Cienft t Dm weuta. 19.6 SUB87AW AL COMPLY tM I III Substampal Compief m is Se stege in As pagnm of tba West when the Work or desngsl patsd pmd m thcaof is suffeianfly composts int sosardanlx wi1h dte [mdsaet DommmAs in dant dlo Owner can occWky or u0s a the Wesltforfls ictenWWL j L92 Wham flue Ckwbwt coodilciv that Aro Wary, ar s pwdon dwmfwhM the Oww ragrca to ac sept sepuatelY, is subatlmtidly eomphete, the Conductor shad prepaw and sabrnitto the Architect is co ive Iist of. b mus to be eamrpaetsd ar heeled prior to Baal pays u mt Poem to include ran item oaanah list dues snot altar the xeapamaibiMy off tine Gamtcactor w com�plkla aIh Work is atxondmoe assn the Caml:alx l]asnmeats. 9,9.5 Upon nodpt ofthe Caorma"s list, the Archibmt w l tasks an hopcedm to deftrahm wlkAw flee Wark or de0pated pard m d aof is anbsgcaft ea mplete. Uthe Ambbeces h apection diwknn air ftem, whedker or rot hwhWed m des Comtraetor's list, wMeb is not su5eieady complete in aoeardaooe wM the Cmb= Documents so that rho flamer an aa:Opy or utilize do Work or desigusted porthm Awraof for its intended vK fire t3onfteu r shall, boar* issasmea of the Cs ditte of Sabalmdel C=&don, compWa or WDvM sticdt from Open moli$atiom by OwArchift" Im sari ossa, be Caen adff shall thea submh a request for aaodker hopecdon by the Archhed to dotmOim Sllbatamtial CmvktktL Affi DdoemradAMO—!ate Oeyold a 18M 1911, mfe.lats, tare, jar, =% 'lar, lm. Ift left woo.Irts W, taVWW2aov ltuAnMtlern IrleartsdAaaolsadar.Ae rtaUt� rarevd � 111�ia ieAq t�aeaveee�r ks 1p�ol•SM�1 bAf �,�. a.,awe�ar ear andralaeef�s� Tsleelfes. �ksd l eR si lhe1 11Jstlawmrrt+ws 4N1 67ti��0emvs9rMd�lai�Mmsdd d �rdor9111vftr=&"Pm 25 �1MAN"I I rndlrrntiornnlf.'[hlealoaan�nntte eaMeed Wh�A�rksla iml�dealHelar�ahlrraew�+edaragRend enoolaaak6� a'epa�+�l�loipmh�pYenaa. I OAA Wythe wos9r dee tsbed pamuun thereof ie setbsdrntially complete. the Arrb&d w1U prepwo a C af'Svbsamtid CamrpWon that AsU estsbfid%d* dabs of Sam Compkdon. andlesttbhob terpondbfiitw of the tJwnw and Coabww for swat . moutenanme, head, utilities, Map to tiv walk ad insmom and dull for the time wkbfn which to Contraciar sbmA wish all nems oo the Ed wmmWxWug the Cadfrcabe. Warra►ties n quhtd by the Carmaet Dovomaft dmD commence on the date of Sdxbmdd Completion of the Walk or dedgoated portion thereof ttttiew otbovda pwvided in the CeatifipGC of StbsbotW Completion. 19,&S The Cerfidam of SubamtfM Cormple on Ad be od a>ined to the Ow= and Conpsrntar tic: theme writtan aeeep occ of Mponnumn 040W to *Mb sash Cadoom Upon tetah Bcaepta = sod consent ofmMW' fif sqp� to Owner dudl make payuxnt cf rdaingge applybq to suds Wotk or dedprUedpor dan lat of Sia paymcat d*H be a4u Md hr Work that ie incomeplote or not in eaaardrme widw tha iquiremab dthe Cambset Docurna s. 9.1 PARTiAI. OCCUPANCY OR usE § W The ONner may oceiVy or uae any completed orpmdaily Winipleled portion. oftba Wain at taysup when sub pangis dwWaWbysepapms Wunicat vier the Camtnsckc. p d—d each occopsmy oruaa is connoted to by fk meaner as required under Section 113.1.5 and sa udzed by PAHC sntharflim I aver tiro PxjCA Suh pow amapsncy or ors msay oa®eaa I whetfter at not dem porgett is nub"d* onmida 4 P tha Owner andrbave acowed in wI tg Iia . - 4w%nod io each adFtbari flot' paps==. radoojp, JfwW. seemly. toshttenunaq haat: deunape to On Work and iasmramM and havo gpwd in vaVa6aoacenJoli1heperiod for carreo mof1heWadyandavmmeme aft =p&W bytbeCombaat Daae. Whes the Conhadw crosu ass * portion sabslsmWly QoMV e. go Coaftafor did p mpexe and mibmha No to the Awb batt as ptravided under lied 9A.Z. Consent of 1%e Cantrariparto PKdd oompattoy or use dog noboumrer om* ry . Tho dRpe of0w pogtesr oftbtr Wmt dull be detesmtined by wdba wmment between she Owner and Cm raetor or, ff no spomu*u re ncbod, by declsbm afshe Meet 11.1.E Im neft*pier to retch paxtixl w*V ncy tit usc, she Ow= Oomtmetar and Azddbd sbdl jah* i qmt *camt to be oc d orpa d m ddm Wady to be snood io adeno deleramte rad I-- toe aouditlon rules Wady. $ 9.9,8 ib9lesa o&awisa wwd Wm. puud oompmcy w usa of ikpmtb m ar pmtkov of the Wade:boli nae ,,rtetitsbe soma amce of Waives agmorpbing witir to regukenno of do Comtnect Doomueets. IMIRMCOMPLETIONANDFRUPAYMM f 9.10.1 Upon receipt of the C=1mcWx wnttga notice that go Wank is ready for fmd Wspecdon smdaccapdtmra wAmpareckp of s And A tbd fob gw Wo* s e vnder� Docends and the fbUypu Ardbitect e w1b p mmrptly issae a final Certs o toe leer payment aft etarto the but cf the Ar dn-aces los wkdA ih unsdarr and beW andon the bads of the Arms oWs o n -die visbs and bupedlons, $le Wank hw bcea cmmWb od foo .seearefeuoe wide terms wd oouditiomr oTtfre C.omnectDaeumemts and �ttlta eomlire ientraaee faOndta be dna ibe Calls ww and wftd in the find Oertditeame is doe and payable. The Awb ores Baal Cestiflmae farivm mi wilt dubs a hn$te�r wptreeemtodiart 1hm oomditioaoa listed lm Sectsam 9.10,2 as prnaedart W the ms's beittp =Mod to find pqmut haves boas faIBM& M0.9 Neodter final pt}ymmt nor say r=Wnkg m dm d permb8e:bell bccomta dtw Until the Camtractar sober to Ow Arohbd (1) an affidwk tbatpayrolls, bt& f& mabedWs and egadpment. end aetar indebtaiaess connected wig gwWork for Windt the Owner ar *a Owaet's poperty migartbe nop ma ble at marmnberW Vers smooms by Otvmr) bane b mpW d ar a govise satidred, (T) a c=tMcW aw oft shat inaaww resi iiii by lbs Contract Dor�amerri$tot+emaia m i�CeafEer find p�rarrertis ennmdy is ai%ot and arSl not beastladad w BlIDVNed iq nxpbaa rmh'[ at ]rest 30 days' paiorwrilaro nolieebas bass given to dee tJyvrteey (3) a wrltbaan strteflreattbat ffia Cmttaoborl afro=bs%vWraanontbatdltebsm=cewlll=tbomnwo6emoovardieperiodmgoioAby & Cauhi mt Documaots. (4) consent ofavety, ff sq, to %i p Umrot sue (S), ifn lFy Be Owm, olber data mtsbliddoS payment orsabdection ofob , such as ren Wit w1swas and waiver>r adlie% ab mx, serosity hdmub or eDqudbuncee miring out of do Contract to fbe ettW and fn muh norm ar may be dedgemed by des Owner. If a SubmavAur vehom to ft obi a teleome or waiversegWred by the Owner, tire: Cadmotor my Amd1b %,5,d toad sidbficiWto tits Owner to bndmmdy tits Ow= tSmh* 9rmh lino. If mob lien rens- b fled after pa ma* are rosea, the Cbmaolar deli refmnd to the Osman mR% m y that fie; Owner mey be compelled to payin SWAMft sad+ b0% including all cow and nalamshle diarnew fees. tem �~—�nt aeI4Wtall,lYt lftt�i�, tssr,1S1,"Mtse1,IN%IBM �'r 19MUP.W=dM0WW7lNJMa*= iA&ftdllr"sMt .MM*ftraga= ard:�lrlSa.dM+ d»flF �:t� �usar�.nt, araa�JB d R, rs>ti`roe+� in>,�v: m oR9 rnlieel�t��: at.'°.lu..rnl�lr�a bbd 1mY�etasa�+r�m pusBi,ut^kr2mkv-ThILd0E1pAMNlYeRmooM007i15016112 I w1WrR1�M111Mfd1� pfd�llo, swigAiBKmdlatimlibaTM-eI d SW 041R 5 2.10.3 If; after Substara d CompMcim of The Weak, &W canrpl fin ihaaeed'is materially delayed mmaiglt 3m fault of the Contndor or by ><a mom of Change Orden affecting fr W completion, sad ft Architect so comfirms, the owaw 94 upon apphoaftai by the Caatracta and eeadbmtknby the A met, and wifficadleminaft die Comuaet, maize paymreat of the balance dace flax that pattiam odthe Wok felly completed and nompted. Hdee ruua>aieaibg baismce for Work act Tully congdeted or his iesa tban retsiaap stipulated in the Ca mbW DocamcnK and if bonds have beam fumishad, the written omsent of omety to payment of the b dorm due far drat par lost of the Watt tally emoplemed mid am Ved alien be m mifted by On C7ontiractar to the Amhkm prior io cerom ion of such paymema. Such paymmat shall be made under tame and cond>fia>ats gen mft MW payer coW that it sluff not o0aditnb a waiver of claims. LIRA The mdft of final pmymcm1 shall comsdM a viber ofC3 by the Own w Faxoe pi base In idng frmn .1 1=6 trJaim 6 secrAy iatevmts or enmm*nnem arising out of dam Comract aged tut 1 We 1 .2 fhU= of titre Wm * to comply with the reaguiraancnts of the Co>ada d Docm mntN or �61e .S terata ofspmW wenaeuatiies n gnired die Cmaatraa9 Doemmeatbs. and A other vvaarrantlm. W A work Ire formed undersedbn 12.2 offts document. § 0.10.5 Acceptance of final payment by the Com bailor, a SuUmmmiaatar car nmbearial supplier doll oonsth o a waives• of @Idma by that peq►co except time, pmvkmly made in writing and ideppWW by that paayaeas mmW ed at Is time of finel AWHcvdm fear Payment. ARTM 40 PRDTBM= OF PERSON AND PROPERFY 10d SAFEIYRECMMOMAND PROGRAW The Gamttaet ar:>mll be for initiating, mWnb&&X god sigavisingg all salky l rem ations mad progrecas la omuetd a xi& tike pm * mwm ofthe Caatra0t: 10.2 SAMY OF PERSONS ANA PROPERTY 10.2.1 Tire Cont WbDr edadl talo» reasonable precandone for Oft o& and dWU pV" maeeaaable pubectim to pea:ve g lama ak hdW or loss m .1 m4 iopes; an the Work ad oilier penwos what' waybo ef%d dweby; .2 the Www and materials and quipment to be kmpmuW dee dn, wb dlmr iu storage on at off the seise, ander care, cusWy or control oft1m Coa ftumortbe ContiveWs Ru6conhwto s or Sub- aatbaontractass; end .3 adm prop wly at to site or adjacent tbacto, aamh as hwk sbanbs, lawn, wa>Im, pavements, madvom sanctases end udUdo not des peted for removal, relocation or nplacxnraaat in the caame ofd i 14.2.2 The Conemor eahall oargapiy with and give notices rapped by app>icable haver, shat *m, as anceB, codes, rules and regab tkmM and lavv&l orders ofpatblic aa>thmtn bean on mftely ofpcom or property or Stair p mbection frame daman induty or loss. j 1028 The Camtraator dell emu* ani mmiiabi k as><+e pgred by a conditions and puf mamco of fee Contrmt, rm md& sd*=& for maty and proftctzor4 inchiftpoxft dmW mgms and oil wwAw qpmst bands, I IS ii g saftty mgulaaums end neTibft owners and trice of a4mcm sines and utaTities. 11024 Wbm use or gborage of amplod a or other hmmdaas materials or equipment or u mmW raelbods are necessary ibr exaearbn cape Wadi, the Cm&actw AW amse utmost care and cuw 013 such activities n ader MwWdw ofp Wery WmhW Pam 110.0 The C matrmctor dball psampdy acedy dump and lose (agar ihau dam V or Im Insured under yn pezty fimmman required by dee Caadract Docmzamta) to p Wmty ref cri d to in Sections 10.Z 1.2 amd 102-1.3 caused is wbolm or hi part by the C7xsotaackw, a Subconh dbr, a arab-aubcantractear, or swan d=ctly or %&m* amgiopod by my of shard, or by anyone far Whom acts they rps4y be Noble and for wind► ft Can baactor is rerp0usWe tinder Sscdm 10.2.1.2 and 10.2.1,3, except damage: ar lora attributable to acts or omissium of the tJwm ar AnUteet air diad yr hWhy cmp1oyW by efter offi mi Irby auymme farwhm acts cit m offirm stay be liable, saes eat idle to die fisult eornegligamae of tho Canftac#cr. The Aaca>: obligretiamm of die CooatracOr are in additiaec to the CamtnaarWi obllgadons snider Section 3.16. �ItACaaieaaraAailSr"-3ael. Cepyli�hLO lash, iri1r1aIM% ISM, 1607. MM. IBM IM. scam Iris, ISM it±lq,lla .INWm dADUtq�hOAMmk0m rx+Ihf�atMa�s�au��eas�d.n.rl�.d.vtllkr�atdKrSALR15, raoeaa.psadar�ri.Asyrsdrarrandinaar�adt�sorl�oc.dam 27 duosar�ardlea6maraeeaiII J�11`aJeoanaaa,ashperaynatrj, tarsueian4wrreofea�,dadalnetI.PNOIdem, MOWN baprefthmWaaaas,modmow AmbessNeeWmW 16m or MA sift ran zA UM4. acrdanotbrrnela7hlsdodaneraltNloearnedbyar/lnwlaen1id aFlNddpldet�wMipeaeb+tiny,endrtryrol6l►nprahimdpdxao1mmlogo, 1102.8 The Contractor sbon designate a resp000ssble member of the Contce Ws organization at the site wheat duty 60 be The p mrendon of accidents. This person shall be the Cbmaefar's vVmintendeot tudess odwrwise daaigoaiiad by lbr owmetor is writing to the Owner and Archifta 3102.7 The C wt dw shall not pmnit any pant of the conalrpction or site to be beaded so as to cause damage or crultanunwaconMim 3 40.1'.8 IMARY OR W MARE 70 PMM 0R PROPERTY If ellbeaparty xd&a injury or dsump to pmon or pnapezty becimse of su ad or omiWon of the ober party, or of oth rs for whoeo ads cnida party is WpUy ngmnebl% wdttmt wdoe of such WW at damage, wbdtw er not 6osar4 "In sivim to lbe other patty within n zeaxouble time not sweeft 2l clays after discovery. The notice %ball provide adheiaat dml to emble the oilier pasty to kmwdpft the meter. 310.8 HAI:AMMB NA7ERI S 518x.7 The Ceatractor is mspeetslble for camplieace with =7 luck" in fire Contract Doc maenls rzgatdsttghourdous mala. Udn Caahmdw coukafto abomioas umsedd or sobstaaaoenot meed in the Gout D000meai3 and !rreoeaanableaptocaeatfams will be inadequate to psw att%eseable bodily fnjeyar dealt to persons re aft fiwn &v=tm&l or subslnn, includlt;gbutnot $noted to asbodw at polydsIm6amd h4haatyl MMk encountered on the the by the C nlp adw, the Contreetar shaft, Vmvecopisft than omdidao, izmodhdely atop W** in the ailbated am and report die cmd:tion to the Owner sad Archbot in writing. 510.&2 Uponnooipt ofthe Cctmactaar`s writteam not m 16 Owner WM obtata ft services aft wed laboratory to vest+ ibr+pmeaaate orabunca of tlm rmmMM or asibsb= repeetad by die C4ukQcW "in So went such malarial or substance is Eased to beprmmt, to can ft to be nadered h=dms. lemic%% o% rwisae mequimed by Ow Cmftd Dmane" tlm Owner shsli fmih in wfiting tic fm Omftdw and Azd t d tate nomas sod %riNcolose of peraoaas or eau fass An are to peribzm No vanfyhg the pmeemee or absamee of such mattered or irdwenee at who are to perm the task ofr+emaaarval or safe conuhmo= of Rich mataisl or mAntsace, The Cosairactur and to Arahboct will pmmpdy uy to the Oamer in wdtiag slating whether cent e9mbas nuonable of jecdou to the pectens or ontitim propo W by the Owner. if either tits Conbacew or !Addled ]eat no abjea don to a► person or aadty proposed by the Owl the Omar shall pupOse mtode wvhomthe Coubse or and do Aanhitect bwe no rt mumble obje ctima. When the oseeml at sabsunue bap beam matdered bast lu& Work to the ditcW area shah mmme up= wan= agreem a ofdw Owner tend Cantdtator. By Champ Order, the Ccmuset Tine dwH be =andad a "lately and do Cmftd Sum aha11 be increased in die smonat of'the Cmftu ar's Seale aftiuxud meat of ahutrdawa, delay and sdut-up. 5 IUJ To ate fnllaax o*W pematiW by law, the Owner Shall nadamn* and hold herrulew lite C7aftwW, Snboontracam, Architect, ArchhoWs cotes IMM and swats and employees of any of&= 6M and quest claims, damasea, lour and e+acpa mik inclwl g but not kmW to saaorney a fimm6 =rang oat of er zm dit !bur pedhoma m of tie Wady in the drected area if in fact dw nwowW at anbst w peceesdr Sia risk ofbodily injury or dead as in Section 10.3.I and has not beer render d bwmlcmi6 prtn►ided that mob claba, damage; loss or edea is amilmahle to bWffy itow, daknew disease or dealt, or to frimy to or deeroodon of tangible property (ager Am the Werk deft amptt o lha exfent that lata damage, lass or ogmw is due to time &A or megligtum of the party seeking indatnally. 5 40.8.4 The Owner shall not be rsapmsmle nada' teas Secthm 10.3 trot samledais or sabgmcca the Cbsiftector bdAp to dere site mien such mat+akh at submwoot an =*Arad by fee Connect Documents. The Owner abatl be responsible fat matedrials or substances re quimd by Jho C'.unhaot Docnameou6 exapt to the eaent of the Coun#acmeB fbah or p e4puce in On use and hendllag ofmmk eta WWs or snbstmoes. 510.3.5 The [sourer shall inderanitjr the Owner for rho root end w4mm that Owner km= (1) for sonediadon of a wdeFrial or sobdaaw die Gouttactur brim to the site and ugligmf[y bandlas, or (2) wlure the Factor rails to ped, its obligdlme under Section 10.3.1, except to tent excel tbst the cost and expense are fie to Ike Owner's fimit or ngNsence, 10,3.8 A wfthoat neglence m the part of tie Co>zhotor. tba Combudor is bard lidmle by a gov amaseatt qpW for the om of rim of a hazudlou material or substance solely by reason oipaiarmutg Wamk ae mgn and by the Goutract Doeantea% Jho Owmer sW mdm * iia Conkador hr ell cost and wpmse thereby► Incurre=d. ly-1AL%0@ +axeAA Ml"—Ml. �ttlee.inti.leder_isle, deet, lae7,1e6t. t11ae. isel, leen lege, li7e,1e/e� 1aA,'uRiaatt2eaTby7lrlAmadae� looW-,'v *FA Aa eta aMaelZS duci slur ftbbudmOFMAlA COMMMAof MW pW&W*PjkMW =VIA IROWMfdWMdafttWPWMXMM,e+WVMIWPVUek*4*fta�ewem !wdwkp&L%WwdwAaUw.VftdwwwdvAwrl taaanarrl&BUSIac M umdwdek=vfAlAao 1 dwmzo. vW1RnetlhrmuphNT* ftwmWke wwW byfu Amekn of II dRA ill lbru uWWilAslide WMdb6lepleduoodpbrb �aeN�ti016 I 10, 4 EilEMNCM in an mer affeaft saft of pamus or property, the Contractor shall act, st the Corhtracur's discretion, to pmveW duadead damage, h*zy or lass. Additimal campeosdion or a h nih m of time ddmed by the Calor cc account of as aneap;eucy shall be detsmined as provided in Article 15 rind Artic]e 7. ARTICLE 11 INSURANCEANDKOS 11.1 GONTRACi n LUM LIiY SISURANCE 1! 1.1 The Gaut maw"pnwUse from and maintain in a company or monies lrwfid� sudaized to do business In to jmrisfficdon in, which iba Project is loomed such lnenraace se W pmtect the Contactor fbata claims int fw& below which mag► arise out of or result fiom the Caabcacgor'e opetaiions and completed operations uohder do Contract and for wb3ah the Contractor maybe legally liabls, whether much opaAona be by the Cantor or by a Scor or by anyone dn=Ay orisf=4 employed by any ofihem, or by sayone for whose acts any of them my be He &, .1 Claims under wadana' c ompenseUm disabi tjr be wth and ad m r similar earployea bemaM acts that am Wldaabla to Ste yllad to be pzarmed; .2 Clain s fbr damew because ofbodiily igjoay, accupttiond wola►ess or disease, at death of the Camtmows emplayew .3 Mims ibr do m es because of boft da} m. ccimess or disease„ or deo& of &W perms odwe am the cmt 'a m vioya% A the ibr damages $esur+ed by usual peouanal lejmy lies slfty caves .S GlaAnr hr damenes, other Ilm to dna Wok its4 because of *" to or dve;Wwdon of to SMc property, kxbft loss ofuse aestlting Imes um - A Chdme At damages bemse of bodily iajmy, dead al's person or property damage wining ort of ow ip,makftmwaroseofamotorvedck .1 Claiwae Ar bmW k&7 or "stydmgpa&fng *at of ecaVeted aperratt om; and .8 Clnims bvwft aamtraattml unbui4 WUMM applicable to the Cnmhaews ditfft = mdac Seed= 3.18. $11.1.2 The i mwmce req*W by Seaham 11.1.1 shalt be wxitaen for not len ditrm ffnzb of iiebRity sp wUled k the Contract Dao mm* or regained by low, rvhwbcm cove mp is presses. Covamges, wh@dw wdUenn cn en occmr=ce or c ffinm mde bast,, aW be n Wn:Wrined widltM hftrapfw dorm tba date of commtwammmt of the Wok mil the date ofitnd psyman end terminations of mW coverage required to be mah teined aft find paymad, end, wish rerpto to the Cc buttes om*etad ape ritio s covarw until the ezradm of ibe period ibr conwdon of Work or for such otherparied for m hanan a of cornplehed operaVene oovraaga ea epeaiiied in the Contract Documents. 111.1.3 Cuestas of insurance anego le to iba Owner shall be Med with the Owner prior to coum masment of the Womk and *wnfier upon tarvwal at repIn anent of uAb aquved polky of inausnae. Then cerdSwes od the kwn= a paaidIw regnieed by gds Septi=11.1 shall contain a pfovision that coverages ailbrded umdar the policies will trot be cencaled or allowed to shoe =9 at low 30 days' prior written nodes has been given m Gia Ownntr. An additional aetdScee mWtn ft cotWanodon of liability oovwagte, kclu ft cav np foe' omViewd opmaHoms, shall be oubmbeed widr the fcaal Applicatk m for payment as r+ogntred by Sactian 9. 102 and tltareaft upon reumrrd ar replacement of ouch coverage to 0lite zgdradon ofOctimempdr+ed by Stadlen 11.1.x. ImIcustion aoocunbg nduedan of wv=e an wwm of revised wits or cWmds paid under the 6enwa<l Agpvpwr or boar, shill be farniabedby the f or with ruaeosteble promptece . I 11JA the C mavow shall can the aommarcial fid dlity ow -wore revirtd by die Contract Dommmas to include (1) the Own w. the Archkect end the AmMtars emmUmb as erldi1kMd inmede Ser Wins owned m whole or in part by Ute Comtaavar'sxqo*" acts or omisdow dorft the ContreaMes applions; and M the Owner as am addidonal moaned fan claims co sed in whole or in part by the Caohtictar's nagl cut acts or amdmdm s during llta CoutraoWs cataplatad operations. 1113 owNen LMOUTY IN81iilANCE The Owner abdl be ngwosMe for pnrcresing and mut uftS the Ownees usual liabr'iity itt:untnce. § 11.3 PRW RTY MBURAN" $11.3.1 Unless otherwi o provided, the garner shall parchasa and maimlain, in a compmty or camspsain lj*jWly amthwissd to do business in the jwisdlatian in Which fin Pre jest is kwsad, peopaty h mrence written an a but& Ws itis. AtAooa�e.ecrmt1e—assn.sxeoaaee,tw�.see�+as�isat,te:s.+sur.t.tesaeeoa+s�auer,teer.Aemsarty�trs r,�uuar/Yrcl+r.ar•w.i�p.n +i a Vl tnli�' to �J► t ra.�e+f4p�t byu� cpp RLrw �na�rr�.as.e a d,r.p 29 dprsreeame raecxiwewr i? 7aaemereM,many,tecta,ngyn+vEepnewwr+ilrnNZWWAuaapow^urtwlabeW=ea�rtlbfh. rn �drerlPWMbb adWfiMhw.'ails'orr.�oweaeretadanoTllAf�Dte4a�cat widsrswksssdAul wftm .araamu". andw rear our ate, 7Mr dawn+enl fA loured hytitsAnr�ir,�rir�ehUaa atAnst�Arele Poranalmsu�s oat,snd mqi w a pdnr b w eonpY6ora risk "ell-rW or equival=pdky forte ktbe &mount of flee initial Contract Soar, Plats vehte of tneb Wench Gantrad hfodTwatK= and coat of nwMrWs supplied or iaab&d by cabers, camprisiq motel vabte iia dw entite Project at the site an it replacesimm coat basis wi&oit optional deductibles. Such property h maance stall be mtablttained, iWess admwise provided in the Contras 1)oealamb or otherwise agreed in w4tags by e13 Pesaro and enfties who are beandtedwas of such kmatme, until Baal payment has ben meds as pr owW in Section 910 or ti W9 no person or entity u9m thea the Owner Inas an ins=ble in nein lite p mpotty requimd by1ft Eec ion 11.3 to be end, wbie hmw is later This roam== shall include inteetwsis oftbe Ower, the Contraarr, 3nbceattmcftn and Sub. stiboonksclom in die Pn#co. 111.3.1.1 Pstnperty bm ease sWM be on an " mdgi&- or equdvsleut policy form and atop inck de. without iiedudon, inauranoe against the pestis of fire (Wide ammilod coverage) and phyteiaal loss or damap bw1v&n& wkhcat duplicatim 0feaverage, titer vandalism, malidoua mischief cola%=. enr6quim, f1=4 wiael:bm% talsewetr% heating and star * Un p xW bWlal>eegs and debris removal iar�g de molit0a musietahed by eufteagnent of say >rpplicable legal tequbomerua, ad" cam rtaasaawablecompenotion Torr Amble wa's and Contactor s ermm and aRmess oegttited ea s remelt of atm insamil loss. I 11.3.14 If the Owner dam not intend to p = hate such property kmmn oe mgdmd by tiro Conbaned with all of rho cafes in am= dot wlW ttbuure~ the Owner shell so fa&tm ire Contractor is wdit prhwlw ammmmcat offm Wmk The Con0aclor may 11ren effect imur atm Owwlll pevWd the intends of dee CoweaM fitbeaaUW nes and Sub oubm mecl on in tine Work mud by app wpnsie CbMP Older the cost %e eof :ball be dnffjpd to the Owner, Ifthe Cbeftdor is dtnupd by fie fiitmt: or neglect of Sue Owner to patchma or nubbin i� v as desaanbed sbave, wkhoW see notifying the Catltactor is wdtkL iben the Owner shall bew an resawablecosts peaperlyOftethblethereto . § 11.14.1.3If fie proWW insom ee enquires dedoodblea, the Owner stall pay costs ant evverad beeanse of sack "Max 111AIA Ibis popeaty inavtanoe shall onarporrms offbe Werk stored off*a site, and also partions of tote W0* In izanait 111.3.1.6 Partial occol mcy or use is accordance will! Section 99 shall rot camme nce vagi site woe cotrtpeny or compenies pvvidbry PmAerlY h m ee have counted to such partial o=Wasey or use by endorsen a t or odeerwim The Owner and the Cm&acbw dW1 Dice reasonable steps to obtain emsm of due insmaw* oampaery err Companies and shall, Without nnft l wpttash consent, take no eatk a with respect to Potful ocrupmcy or we drat would cam vaneemo n. lapse or A duction of tarot mm 41192 BONERAND MACHMM INQtIRAi10E The Owner shelf penolhase ad rm ik arin boiler atnd maoltinery insure mpdred by the 0mttad Doeams or by law, WM* conal[ speefioalty cover such imetr+I o*ds duping merlon and v oil ileal ampanc a by the Owmr, this bu mace shall include beau a ofdhe Owner, Comtuaottn. Sube mimmcan and &"6c=usftm m &a: Wodr, ad the Owner mud Cvnfraetce shall be mond kw areds. i 11.3.1 LOBS OF USE MURMCE Tire OwxzG at the Owner's opdtam, may purchase and ciambin mw h insmmw as vM insure flee Owner agdost Iong ofwe offhe Owner's Pmesty dela to Ste or othw h arts, haweveer cwxmd. The Owner waives all tights ofaetim NOW the Conmec#or fear loan of vee of the Oen &$ properly, incla ft conxq=:atW lasses. ebbe to Time or other hazards Ilanvavw canned. 111.3A Ifthe O ntoaotw Rgnewts In v sift that b m= for risks other than thou desaindhoWn or other speoW caruoses of loss be included in thsptoperty iasara m policy, due Owner sloth, ifpavdbi% include: such . I1 11- % and the coat thereof shall be obsnted to the Cartmaw by appropriate Cheap OAr. 3 t1JJ If dmb g lite Po4ed cemstr ac thin period site Owner insanes p mperdm zeal orptaosond err both, at ors4scmt tote rite by property iosetr a under pe►lkias ate fran those h muhag fie Prqact, or [faller final psymaat propexty tosnoeaeo is to be ptnrrieiad ear site couaplsled Ptnjeet fbrottgh :policy ahr pa>ioim atbpr tltwr these the Project & ing Ow v000kuhction period, the Owner "waive all rights in a mdana with rho terttw 440f SWfiM l 13.7 fear deCnages ceased try Ax err otlhw eat of lose cvvercdby*b94n1rftFrqW1yhN=Rnm All [ separate potitclea shall pravide this waiver ofmArophoobyendorsament err otherwise J AIAneeerretAEM*A-7007.CopWOlaatlae1.19%INS, 1taKIM,1051,ISMthat,IBM ilieB,We, 767ROW.1 PEWS MMA11 lora harRUrfaF�r�e1�MAAllatw�=ewdNa/,�a9eYi0SddA�nmrdfet�!imo�hibrlr�.i.�ap�e3��tre�:�wdialnea�i'e,8r�a�t $0 d err dime! adaaa ao►1 k ew eery pow mei4r ansae Igarsrs adMk esrstaaaotaed �a�ealaeQ, bxr+x011os 11 Orlhe rsee0ne � mete>brewirr.7lrs�etoeune�R�Oraneed Ih�MMdemhNauteeMAKH11ep1elhran�0nwu�ofarm�edN11 a�rAo.300011a0R�1, aY mb end m�►mlbe P�rbels I I IM Befom ata exposme to last may occur, the Owner sb&U f ie with the ConftcW a appy of each policy bat includes mmme coverages n quir+od by this Section 113. Each policy sl all oaatifaia ail grtrerally sppUcaable conditions, definWome, culitsians and cadet mmeaas =WW to this Pye6wt. Bach policy Am& cmWm a provision ffid the policy will not be canceled or allowed to stem aacd that its limits will at be mdmzA until at least 30 days' prior wtittaa notice Les been glucan to the Coat Wor. # 19.3.7 WAN= OF SUB14CtT TMT The Owawmid Coubactur ran dve an rj&U against (1) each odd ad any cftbslr nbcou saiom, sub. 0u60a>bac101% 11800 and employees, each of the o ffiw- and (2) go Architect, .Arcbioeces commkonK aeparale eoutnitm described in Article 6, ffmy, and spy ofd aaabemtcaetom sub-wbcoimao aru, qpa and employees. hr damn cetrsed by fire or odw Causes of Ines~ to the actatt covared by property inaaaaaoe obtained pumsaertt to this Sec don I13 or adw property hwnrance applimble to•thc Want, except such rights m they have to proaceft of sa di insuasum hold by fhe Owner as Mary. The Owner a►r t: mmottrr, as apprapriatai eb0 iequim of the Ard&uu; AraM's coundtmft, up=* emrtautm deaWIW k Article G, ifay, ad ** abcontiumm sub. mbeoaieachua, agents and employees of any of'gmx6 by qVqV60 as fa, wMan wbare hPuy mph" hr validity, siaaihrcwaivera catch iaa fluor of nthear perdea a tedLerein. TJw poSaft sbnR paovidc sech waiv= of miatop fimby adwammA or odaawlseL A waiver of sdwaSsfim dM be effiscliva as to a pemm or enMy evau lhoug2'c that tarsen or arotityr world otba whe have a dully ofhies, axMMal or cGKwlaa, did not pry die imnance panpainea dicu* or indiivedy, and whedher or not *a pesos or m W had sahwareble fidamat in dbe l qWW domeged. 111.l,d A Ions hand msder do Owner's property iasananee:ball be adjusted by dna Owner as Maty and made payable to the Owner as fiduciary Ibr the iasaracb, u ibsk i may Wear. aabjoct to nogoirsmmu of=y wlimble merVgee d1su c mad of Seg m 1I3.10. The Ceotraetor AWl pay &&NWWM &eh ,):hams: of fiamaumpeoceedesecah«l by the t]ontt[saw. amdlty slapaasprirle ate, writtma wbare legally raquired for validity, Ad regWre Subcoutracko to melee payments to didr in aiaalar ms>am. ¢ 11.S,1i If srequW in wrfiiag by a party in htteruesl, the Owner as fiduciary shah, upon axuiream of so kw d loss, give bond forpcoper pace of the Owner's duties. The coat of nsqukW boob :hail be dwpd against p>raceods received as $may. The Owner AW deposit in a sepera@e alloeousrt prooeeds so s+eWw d, whirls the Owner shall distntnte in socoxdNa m vr*:sack. Weemea't as On paft in iatesest may► rssA, or es detenathaed in acowdanee with doe method ofbinding disputa solution. sideeed in doe Asseement between be Owner and Conaractar. If afbn mach loss rte odious spec W speemesit is made and unless the Owner temaiaam flee Ommaer for cowitulaux, tapluement of damaged pmpmty shall be padhanedby the Cw& asst aftw0cation da Change in the Work in scaadarace wilt Article 7. 11IMI The Owner as fidwiaryr shall bows power to and rattle a Iola wilt ho ma jalap we of*e partiea in iataroet shill object is +writing widurl five dip aft oacnaamx of lass is to Ownda an da of Ibis power; ffaaeb oWud m is meds, the ai qmw shall be rex&W in tha: maw seloctad by fix Owner and Cowackv a lbs modwil orf binding dispft resobrtlan in the Agrommmt If the Owner and Cootraeter have salsefed arbitration as the metbad ufbin 41W* molullm rho Owner= fidtacWy xW sudw settlanaent WM ininim or, fa tLa cause of s dopase over iNddl atiau of hmra= proceeds, in accoroienae with doe dicee$ma of ciao arbiter itum 111.4 PERFORI WICE BOID AND P1IYYENT ISM $11ai.1 Mw Owner obeli bra the right to requi tz the Casftattavr to f mkb ban& eoverbag f b(W pedarmom of the Conhart mW p gmcnt of obligadam mUimg tb omWer ea stipulated in bidding repkammo or apecifIcalty rtegai W in tlaa Cauft" Docamaanto an the date ad' exeeWiarx ofthe Contraak. I 11A2 Upon doe requed of any peraart or waft eppessing to be a potrmtid b=dWW of baud: cocova ft p gnuwl of obligaliom wmg under the Cos timet, the CoMmelor shall WMpdy furnish a cagy of the bonds or shall autbwixe It c W 1b be dumiatuod. Af1MLE 12 UNCOVENNB AND CORREMON OP 1MDRK 1t.1 UNCOIIERIiC# OF WORK 13.1A If it portiaax of dw Vat is covewdismilmy is the Architect's regaW arias requhu=o s wAcaily expo ed in the Contract Docmaemts, it must; ifrrrquested fu wci h g by tie Arebitut bre mcavewd for the Axabitoot's stn mrtadon sad be repheed at 2w Caakaator's .spine without change in the Comm Tbae. AIAZSeamWhtA eta-7eoot►.tao�yrfyAtOiaa9,19", tela, teas, rase, istq, terg tsa7 taarand90trle�r'itNiAnadc� tndlWeetAeat�aM.Aadahle traearerca:•raamrnyamar.uiwtrs.eam�ar,■r+uoa►oanrsme.as�.uaoi�e *R$m+ar*WbOmefftsAWDamrneri W.vg vF%=Wmw ataomrw&*Aw�rioftba8 ,�wBtbepr 9ese�Mm 3t Ae�e+leasAli'Irwidra,e�i�.'rl�lsdoamwitwssawladanfe7la�Gietei�oi n►�sr�nsbrnnafAW s�ernoL20tE1. enddnafor�.aeae tsar deournNadNosnndhyft mwkw IraMul sfAuhM farw*Umaanen4,wdmWodteawPuft dpdorlolmeoeipm* $121.2 If a portion ar#m Work has base covered that the AmhiW has nit specifically mpoacd tc mmmine pft to its Wn cdvereL Me Archi m may request to we such Work and it shad be umavwcd by the Copy micr. If such Was& is / SI inn accmdanowiilb��thw Coulm t Do— ice, costs of mmvpriag and n ptlaeeni i nt�eba4 by appmpslate Change Order, der, G attic Owme s e . 1ha1 mwb Wwk isnot in Whit Om Conha s, meb costa and flee cast of come fm Ol be at flee Coate actoes axperese ttolaes ilia ceondiflm was c`mm:d by die Own or a separate owaacler in which avant do Owner sieell be rasp mIlle for payment of such eosin. § 122 CORRECTION OF WORK 11U1 BMW OR AF rER WOSTANTfAL WIIFLETM The Camhuw shag pauq* eoaaet weak toocted by flee Arc9e and or haing to oanf m to the mqu hu mm of the Coaerac t Doccuxou a, wbe&er dlsroveered before craft Substantial Catupledw and wheam aract tlebrioamd, metalled or conriesed. Cam of caarec hug sada effected Wank, hWudn additimd tem and hlgmboW the twat ofuneavaetug end replacenmr. and eomPauNion hr the AtrhftWo seav m and expmaes =do nearmsacy decroby, shall be at the Cee araotior's exp mm §iWAFTBttlflBB MflALCOMKl;'1'!ON 312.2.2.1 To addWm to dm CounnoWs obflgaticmt Ueder Section 3S, if, WhWn me year after the doe of Substantial CampMom off the Wast or dompated pmi m theceaf oraf%the date for ommmm ems a of wca zuft estab}isbed oasts Sastim 99.1, orby terms ofan applicable apec�l rvatue>tty regtmad by the CaalraetDo, my aftba Wade is foemd to be not in accoadenc a whh the nqohemvb of the Coe trot Documcm% do Caatru*c sbalf conactkPIUMPfly 40rtecoW ofwel m barite ftam tie; Dwner to dos* mdless Ste Owner baspmvk=ly gfvvn the Cbnbukw a w� aeexppenea af'andt eo an. lLe Otntar alcall give ntrtice �oanpttlr altar dbcavwy cf$o *mWhh . Dmiog dee one-yearpeeicd for man of Wa*, if the Owner fills to uutWy dee Cou� andgive the cwmct w m oppodun* to melee the m wmdcm, the Owner naives the tights to arggicr coarec tim bytha Cbnmsor sudor malas a claim for bmesoh of w+mra my, If as Camaadw fano too nogg Weak within a remumnabk thne durbeg that pmW of neelt ofnonce ftmt the Owmer as Atm flit Owner away soared k in accardcmee witb Seatlaa 2.4. 11L2Z.2 no ane-ymm patdod for ammW n of Wodc shall be cmodod with mspeet to partum of Wcsk first parka ed aft SubsftnW Cmmplotkm by the poral ofttme between Sebsm gal Completion u d the actual completion ofthat parO m ofdee Work. 312.9.9 S The am-"wpodod for cumdon n of Wmk shall not be micaded by eoaaedve Work pmftmed by the Coaisador pbmnmt to this Seeden 12.2. 122.5 The Camusam shall remove finam the site peadam of the Wark that are not in acoardaetcx with file tequdrauuata of tLe CWMO Dacaumant3 and an neither eonvoted by the Cantuaw nor accepted by to Owner. 312 U The C kocmr shaft bear dee coat of cmTectiog destroyed or damaged co ffbaction, whetbar completed or partWhr aoro luted, of Me Owner or separate 00nuumm caused by the Ce amsces ecumcdcm oramoral of Work -that is to in socaulaeoe wfh dee ropirmusts of the Gunnar t Doecuamta. 11222 Nothing coulaiumd in this Section 12.2 abalf be eondmed tD eetabliah a period of HmitrAm with reqW to Wier cbligetk ms the Contudar has mulct ft Conrad Documena EiMblidummud offfia ams-yearpetiod for oaametimm of Work as desedhed in Swdm 112.2 relates only to the a mMs ofteth m of the Camhadw to armee Go Wade, and hu no refstimm* to the tineawitbme wbkb dor ob1hp imw cmnpdy wills rite Centum Donamw may be sou& to be en#bmed, rani to dee trine within WWch pm000ft a may be con mane i to establish fim CbnftcWs liability wA reaped to Mic CoaftecMes abligatioaa adw than specifically to eorrect the Wank. 3 92.3 ACCEFUNCE OF NONCONFOMM WORK Iftbe 0 w p mAn to accept Work that isnot in acaard mm wi& the mqubemu ofthc cont wDocrmsepm, the Owner may do so Instead of roquhhng its XebwW and cenechon, in whish corse to Cbmteaci Sucre will be raduood as ,.Iq I mute and sprit wr- Smh mij utment afyaII be cffi=W whoMer or not find payment has bean made, Itlf aawaNedMOM —2t'.eapyctp tlalaM 19". IBM IND, 101%ION, uiet, UK IM, laes.7N%Ion IBM UP, 7atiiandMUkVMN Ammkon tort: MA*mf.amrapeaEIPF" 32 dvMbn m d s9 x a4vW Nstmftod. ar aegFi ePB� �Ny r tll8� c3:�aa r a a8 aems.+rnl l lie �_7o ll,e aemtknru�n i culla nenw Tdo umftbl Nndbrl*Al WiCand hafeA lle�#a+N u� S�ldm4rnotbeN�romN�pApflaNt-o1��111ae1L , ARTICLE 13 51ISGEIIAMOUs PRp{IiS113Mt1 1111190WEIMOLAW lite Conttoct OUR be gaventea by the law of the plate vrb= the Pxqect is located except twat, ff the pardes have selected aobitrstion as the method afbindiag ftulc nmoiutiM the Federal Adnftvimt Act shall govem Seniors 15.4. 15.Z SUCCEUM AND ASSIGNS 15.2.177 Owner and Coamtotaor respectively bind Omnsdvea, their p womp, mss, agog= and 1ega teras b cav 00% oto vements and abligatio®s uonairted in the Co 4ow Docaments. Hu"t as pravUled is Section 13.2.2, rte patty to the Ceatiact shell assist the Cmdmd as a whole witl>otrt vnrbr coo mme of he D&W. If dd=Prty attempts to m m such an asstgament wMw t such eansep t, shad party shell nevetib dm reunda legeliy mVmidble for all obligations radar the Conttaat. § U21 Ile Owner may, wilimm censers afdre Ccs msignthe Comm to a leader Waviding caastract on Sauocing far tits Pr* ot, if the, leder reaves So Ow W& rWds and obliwlloos =der tire Coubad Docmm edL The Contractor dwU esmcale all consents t+anumbly rapdred to erste sunt assipmew. J1U11ifRl MNWM Writtm notice slptll be dee nedto bove bean dully saved if delivered in pataen to the individual, to a ma nober of ibe fare or aality, or tis an offer of8te cmpor stion Por whiter it was hftaftd; or if deli meed at, mr sent by raglatered or certified mad or by courier swvioe providing Woof of dram► to, the last business addr+ms lmown fo the patty f J IURINTSAND IMMIRS I I&M Duties +tad obligations imposed by #Fre Contract Docmna ft and rWft and remedies Wvai"thereunder d aS be in addplIM to and not a Braises M of dudes, obligations, daltio aadamedies otherwise ia0pased or avai3a & bylaw. $ IL4.2 No se ion or f dlaacto act by rise Owner, Awhk eet ar Catab*cW mW1 cmdtute a waiver of a tight W duty waded bear 1MdW tW Ca am; nor shell Poib ,action or Mm to act cwsftte pp vul of or aogniesceaecr in a bnaaoh Gm uadcz; szoept as my be spedfim 13► agreed in wdit $13.5 TESTS AILD INFECTIONS ILLI Teats, inipections ad approvals ofpadiaaos of ibe Work shall be mre as xgWred by rho Contra d Doemments and by applicabls blurs, statutes, ordinances, nodes, rules and reguWdons or hWWAd aadeaa ofpobiic eines. Unless dhavvhe Wondded, aha Carftfic t or shall onsite attangemettd for mob hast& mspaedm and with an kdqmdft saftwUbcantosy or oft owepwi ye to the Owner, or wilt the appsgzbft Wtbiic aonthorlty, and odtailbearatl Telstra costa Oftrsts, hIMPOWona and UPPOvsla. 3130 Coabaa a 91uc $ive tFm Amititect S timely nodoe of wbea and vie testa and Inipastlom sox lo be made so that the Avchilea mmy be pnaeet hr Ouch psocedmu. The Owner shall bear cads of (1) beats, ingmcdene or approvals that do not beoone nquhtmeau watr7 afterbids at a nxmived or mphations conehTded, and (2) testa, impeGiooaa or gwwvob wb= bWl ft elWu or applicable lawn or ngalations Pmhg* the Owner herrn ddegatigg titer cost to the, Coubactor, QC TONM D. Owner} eatlon cwnp decoMa,concre* samplingkompreurion iat�ng and all other tasting as mgtdmd by Owrtar, failed bd be held for by cordmator. 118.52 If sire AT t, Ovlrtuar or public mdkriWeo haft ]misdieaem daminim tWit po rdoons of do Woods ngaire additimal tea hm inspaufm or approval not otduded order Section 13,5.1, the Arc Ext will, upon written MMWdTadtien $ourrite OWW, holmd the Conbactoarto Taman mmuSements for such addemd Uffft inrlp Woo or approval by an a dity aomgbble to the Owner, and On Canino or ad] give timely notice to floe Arch fad of when and where Uft and iagxmd as are to be made ns *9 fie Art hba way be pteamnt it sneh prooedureL Such coag, except as provided in Section 13.53, tihsll be pt 60 OWaet's etrpenae. 1118.5.3 Usuch p mectli+es ter t o*& iugtecdm at approval ander Seedont 13.3.1 acrd 13.52 mud Ware of ft pm ions ofthe Work to cm* v tb regadTemenis adabiishedby the Caatrsct Damn neo% all coati made geeemy by amb fAM hwh dog those ofuVested procedures and compensation Sar the Atrdtitees aWWM pad arcpeoses slrallbe at the Coaftoloes cipome. § 13JA Rcgokcd Eben of testing, iaTpecdW or approval AWL ualeea oterwiae req*ad by the Ceadact Doatnma a% be sedated by the Cmhvetar and promptly delivered to the Archieed. �� eau►°mangy.ac"wa't�—saa7.oepy�lersau+se,t4TT.so�uTa.t�,tesr,Tsst.ssa.teat,isaT,wes.Tptq�ere,�lser,�ra„a�avey�tt�e�a.pan trmgwaaor,u�atwa.ertrlstn.nr.w.r.►wrttaosvtoo rrs<ava tnonwmnteavyrtRs.r�traaaot:,ets, trr ,Ww. 33 dip ft or debr#mV*n of ads AUk6 ose wnt a.aar ar a. smy nna rn seven"arw I pmes", and wo As p nrjMftdte #W PbwHft~ftbm�r uo4dedlartaensud�on.lAartaoeraa�daetasrrp�adnaedpifortel@mIRaw aprsao� I 18.5.6 Iftbe Architect is to observe tesla, itafp wOom or rypmvels rexlWmd by the Contram Doemmangs, dere Arcked will do so p mmptly and, vhm yrwgmabic, gt the normal plm of tatgg- j I&SA Teats or uupeodona conducted puamant to the Contract Doaat e=tw shall be made promptly to avoid umma miablo delay is the Worst. § 18.8 Aq rmw Paymens due 246 unpaid mtder the O mtract Dom shall baa hexed frown le date payment i@ due at such rata as to parties ZWY 68M qM in wailfag or, in the absmoe Mcrae, at ate leo adte pr+evelliog bm time 10 time of the place w►hea+e Sae Project is Ioeded. J 13.TME LfwI11'8 ON CLAW Mw Omw ad Coma r tdlell ourmmm mE olsims sad causes of eadca>, whether in eon, scat, brew* of wmrmnty OF Qfiw sate, m8dW the other adit rots of or related to the Contract in *ccoridemce with the reqs of site ftaal elispaate nsolupaa welt od sak*d in Nae Agreffinect W*h sites time period wed by applicable law, but 5a say cage at mwe sham 10 yeas aBw&e date of 9haUNntW Completka of the Weals, The Ownw and CoaUtacO wdivc all claims and oansea of acdm not iced in aoeordenoe w& Ah Safina 13.7. ARTICLE 14 730M'1M 09 Sl18PalIS1 N OF THE CONTRACT 114.1 TERNKA11011 BY THE CONTRACTOR 114.4.17% Ca wwwr mW drmimafs the Contract if the; Waak is stopped for a period of 30 eoummtivv days tbaeatgla no actorfnnh afthoComasetw or a 8dwaaftectog or ** ajonts or emplvyaas or RW od w rpenuen@ Of etMks Pgt&nnMg parhow afthe Wa k madc r &nwt or mdnd comhw with die C far any of the fnllowiug raalw r. ,.1 hmimm ofan ardor aft court or other public audLmbyhnftjmbdmm that requires aA Wolk to be ; .2 Ansot ofsovanmark such m a declunden of'nedowl fey flat ngaa,es all Walk le be .3 Because Qin A>n hkW has sot issued a C.ertbtc ft Pqm wd and. has not roofiiilad the C.00 egc or of die Mum for wi&hdWgng cufficsfim m pawride d in Samoa 9.4.1. or because the Dormer has root =4& paytmwW oro a Cmcffoate flat Psytueart wiffin the time Sh ed is the Contract Docu m es0s; or .4 The ownerhas A&d to jmp sh to the Camtrmw pmmpdy, aeon sloe Caatmmes rmpW, rcaaonAle al Memae a@ neganedby Secfm 2.8,1. 114.9„8 The Cmkacfor may uumb oto Sae co aad g through no sot or fllnit of the Cm&amt or a Sabcot err, Sob-mbconita AM cr chair 6200 Of employ= or easy o0tet pe rsoms or aids m pwAxn qg patiimff of the wa& VWW direct or indirect aoaafta w& dw Ca nh*c er, mpeaded saapaos;oms, delays or intwupdous offim eagm Wink by Sm Ownw as desatibed in gaxim 14.3 comtitaie in the aggregate nese: don 100 ps-, a t of the inial gam9w of deys schedoledfhr emVick n, or 120 day@ in mW 365- ft per, wbichmor is seas. j 14.1.3 Now of8te reascas dowroW is 14.1.1 or 14:1.2 aorta, the Contaaeinr may. upon seven days' wntftaa notice to the Owner and Anhdcc4 ummwatc dw Cmdmact andreeover Rums the Owmerpaymwt for work tataontsd, inolu but reasonable ova bo ad and proffi, cub hmoand by res@m of such iamtimduw, sod dexasges, § 14.9.4 Ifthe Wank sit okWW &r a paW of 60 ommonitiwe drys tha=O no tact or holt of the Cam Ca' or a Ssboantraedor err tiseir agentr or exioployexs err say► other persons pafhnmtmg patrtioms of the Wodc nnde� etmtaset vvhh the COODS(ftbecamllmOwnerbuMostaffly Mad to fit!$11 the Owuces obligadoms mWw sloe Ctntraat Decomadtta with respect sal rcadgnehmPmtmt to the proPess 0f*0 Wo&, the Cenpt dw mqa up= seven addkt and day@' wdt4m nonce to sloe Owner and then Ariddle , u aainatc ae Ca mad and seaom frown the Owner as provided in Section 14.1.3, 1142 2 TERWMMON BY THE OWNER FOR QWSE j 1421 The thvnermry t Isi, the Canumff the Contractor .1 11PORISMY rebw or ilk@ to enough propuly skilled weal m or proper maudels; .2 fails to mdse paymeat to Suboaducbm fast t7natrtdals or labor in gaceadasce wft the respective agroemcntcbetween die Coubscsor and the Sobcawwm= J Ma t@dly dhrrgpnb applicable lavta, i1mb s, UWM=ces, codes, Was ad mgrs, at lawful l eade� of a pabRe auboaiiy; or 6 f t-- A aSrdratise is 14ft of m9whmW breach of apmvido n of Qin Conme Dooaments. ANGaamua AM'm— ,eea M1,1s1a� �este.iea4tasr,isKiva lm,��af,uea,y�+saeitser.lesrand �AnINkm alit, kW1W1etAditede.Aff4*fta�9�tllawaWTftAt1�`17ewtteeoh UA. CoWg" Low orsaaa mr *ditrtm GIMAW � or mrrada w %env jacm a t � ane � 34 OW a,ndMwitrMOIL7fas��- `�slYewmnYm�dA forona i�� °�"OL • Behr. ane near lea aawwoeeoed w�rlaai �pilaea, 11422 Wbesn ate► of the above ratans exist, the Owl vpuu astMOdon by its fridd DecWon Maker shpt Affwient CIRMe exists to jm* sock salon,, Maty withmt prejudice to any o0w ngba or mneediap of the Owraar and Aft gift the Conhtcw and the Canfractar's m nay. if any, seven days' wfbm Wtice, U miaede employment of the Congaomr and may, subject to mW prior oghts of the Nmty: .1 Exchede the Camtractar fiam the site And take toe {on Of All mstmilb, fit, tools, and cundrucimn cgotpRfW and machi mry tbanoaen owned by the Conbidor; .4 Accept assigameut of x bomwaft pptrsumt to Section SA and A Phub the Wank, by Whatever reasonebk method tate Owner may deem cgmbcw. ittpm written ingWA ofthe C0*WhW, &D by the Owner In ihd Owner shell f nd1h to the CoolmcW a deb&d aeeotmtmg ofthe coatis to work. XU When the OWtrcr tai WnNW the Contract fat sue of the ransom stated in Section 14.11. the Contractor shall AM W coded to raeeivt fUdner payment Maul the Work it fltpisbed. # 14.4.4 if the =psid halmca ofthe QmbW Spm moceeds costs of IN bung the Wok, =Wing *=�n for dw Archb is services pad expenses made nems m thereby, and Wier dons gee incurred by the Owner And not wdved„ such excess Abell be paid to the Conbactor. IfsUh cosi and dam" nowd the mpaid birlamoe, the C'Dnkx dor SW pay tine di f emm to the Owner. The anumd to be paid to ibe Ccomew or Owaa, as the ease mri be6 stroll be cudtad by to Initial Deck= Maker. upau appdiaetinee, And Ms obfiggdm far paaymemt shall emviva tamhisdon of ew C.a voct. i 14.3 WAPOM BY THE OW40t FOR CORN MCE 114,3.1 7he Owner may, withouR O dwthe CW"dw is to or whale arm peat fir such period oftima as the Owner may d opt'` Due TVodr fn 114 U The C=kpet Sum and Caaalza g 7110e abdl be adjusted dor inamn in the ooet and time caned by Agan, daky or betmrv4" As dommSed in Scotian 14.3.1, A4 hu mogt of the [kmnct hoes sW inehnde profit- No b4ohnent dmU be made to tips a2mt .1 that perficomme is, was or would have been set suspended, dehyed ar fiftn4*d by snadw r cause for wbb* die Come ar is respond*; or 3 that an agn:rt" adjgsfmart is made or denied under another provision of the Canttracr. j14.4TI±RIIAIU#TWN BVTHE WNHt FM CONV91w= i 14A I The Owner may. at =W bare, taminate the Canted far the OwnWs ommdenlce ad widmM canoe. 110442 epon v of d m ncli m Dom the Owner of each taerni u ion � the Owner's oxweutiene% the .1 owpe operations as dhlmted by the Owner in the n .4 film ac'dons necoesary, or that Oke Owner naydhvA far the protect = and p=WvAtjon of gm Work, and A of CW for Work dbeesed in be penfaamed prior to the effbom deft of Um dmdion etstod in the Wimbe� ocamv. ate m tg suIw= ncb And these ordsm and eater info no is submdracta § 14.4.4 In cm ofAaah ftu*n iem 8or dna OwnnWe convenience, the Caosotot shall be crooded in receive payment for Wank execut4 and costs incurred by reason of such ternminatian, *keg widn rtosombie ova head and profit an the wank not exexmod. ARTICLE 15 MAW AND ORK ES I 1'At CLAIM i W.1 DEFOU1011 A Chaim is a denoanrd or assertion by one of dre pmdo sealing, As a msteer of right; payMeg of many, or odier reliefv a upped to the Ictus of the CobUS& 1U Ism "Claim" slag incbxia a&& disputea and moms is quwdoa between the Owner end Cesar ari ft out odor rdating to tine Cmmsa Tint raspm mhy to subsiemtiat c 0shus shall test with the party making the Claim. § 4&II XD= OF CL IS aaoime by aidnerthe Owner or t:cettaecacr stet be initiated by written nafice to the edner" and to the In9tw J� DNM= M*w whh a serol to do Amintect; ifthe Amhiieet is teat ss thehnmal Daoidm Mokor, Matt XADm ww*A at" -3W tt�pyet�hto tees. tett. IM iota, M& Iali, teat, tes0. "", IM Ilea, tine, UK Intones s jv"nW WbW tet.eniafl4r7�l1Uelyedsn�rsd.iM1Tak'�A�M�TraleJePlgq�su�epss�euaRr�:.�dleylta.t:blt��ur�hotw�sris�llfnassa.Uorrulee�f ° Qr�vFv&M`�wesaye � a ret, v�e� t� t■nef e,e t� � 35 m+dia i�t3k"'dn iei1it3tYlt.J loM�h of + Soron�lRna asta�neotAu► ,o�erno eaY4. angR aro ewgnlel6ahM+�odue�dP�laodeipl�pon. Ciaarsa by ei0ter party nmt be ittitiocad Wkhfn 21 der after occwumge *fee event giving rim lo, such Clain or within 21 clays after the int fn=t>*o *V&w dw oondWon giving rise to the Claim. Wltiftver is Wer. # 40.1.3 COI11IM MG CONTRACT PERFORMANCE PGxft tidal rm01ution of a Clafan, Cwept as 06arwist agrod in writing or as provided in Section 9.7 and Article 14, the Cond raw shall procced diligently with perfuse of the Cpnlraet and the Owna ihaU eonlimte to make paYmentm fa accmdemm WtM fire Coubact Doctmnents. The ArcHad w A prepare Chmp Ox&= and Isaac Cutift2m &n Payment iR accaasartoe wilt the deoW= of the Initial Decision Maker. # WA CLAIMS FORAWITIONAL Cosi Tf dm Cwwwtor wishes to make a Ci tim for are increase in the CaaWad Stmc, writtea zartiee as pruvlded heroin shall be given been promeding to =oute the We& pow Wdee, is sot required for Aafma rdafiog to an Qmerpmy WAReffha H& at Ply widus U*r Sccfion I0.4 # 40`1.0 CLAW FOR ADNTIONAL TWE # lLUI If lbs Car*m*lr wishes to melee a Clttirrt fiw an htctase in the Costtraot Tawe, written XWoe u pznvided herds shall be givan. mwcoubmwe claim shall incbade an eat ofoed and ofF"ht drw o rddey on pct of the Wade. In the am ofa coed aft dehty, a* oam Asim is oecesmry. # 15.IM ifs how wagon condition arse to basis ftar a Claim for adit mail time, zwk Claim shall be domumWed by dada aubdautsr *& that washer couditiaoa were abs oatmal far rho period of &w. mold"have been reasonably aur ted and hod an advraae efact as Ste scheduled coudmt oo. $ 90 A CLAW FOR, irk DAMAGES The Cosi Wos sad Ownerw sive Ghoims mast each other fr conegneeW dataages wift at of or mb ft to this Cuateact. This mutlral Waiver for lndea .1 der aps inemzedby the Owner ibr mal eVenses, for losses ufae,, i gQw, profit; tnrEMX budness, ad r , and fm lop ofumnagiBow or cuplvyec pm&w&ky or of dw services of M& Peawns; and .2 derange kwarred by the Contractor f3orprnwgW ofce oqwma ittcbmhq Bre em bon of Personnel s duslcd Gore, for losses of fmaacm& boom and rq=tad=L and tw lass 0f Fw& uuc4 mad P arising directly ftsm Bre Wosdc. This ;pnrtt W waiver is applicable; Withewrt lindisdmr, to all ==vqmnW daugas dtre to u&wparty's Ummgdon IR asceadum W11h Article 14. NOW49 etMWWd 3m this Seotioa IS.1.6 Shelf be dermad to pew: b& as awvawd of HquUokd damgwe when agplfoabfa„ in accordance wish gm rMak@gBeaft of the Caml=Dommmu. # iu11I1 K immm I ILL' Cfaims,•eaoe uft moss arising nedef Seetiona 103, 1014,113.9, seal 11.3.10, clack be rsfsaad 10 me herbal Decision BMW far initial docks m. TBe Ard ect will saws as Bte Initial Decision Main, aless o iw iodimted is do Agmettaeot. 9=0 far Otmoe Claims accluded by this Section 13.2.1, = initial decision shall be wed as a eamdi m pendent to me4sdon of ate► CWM arising piriatr to Bre dere final pq=wt b due, =I= 30 drys have Passed after dw Claim has been adued. to the WN Dedsion Makro wIW no dwWw hev* been zendered. ildms Bre hmtial Decision Maker and all sobered persica aDD me, the hnidal DecWno Mahar Writ na dwide disputes between the Coad niorandpersons or eadun odtW*=the Owvm § I&= Tba hdW Dodd= Maker vrill zws*w Claims and within tea drys of the receipt ofa. Asim take cone or rgore GfdW Shcoavmg aatioms: (1) request addidoad su pporft data from an clehtt or a r qMM with sttppmifng daft faorn the other pasty, (2) the Claim in whole or in put (3) asppme fbe Asim, (4) steed a comprowiK or (3) advise the parties that the Initial D=Won Maker is enable to resdV& ibe CLim ifBm hNal DedLIM Maker Isda sot5dent hOwn to evaluate the marks of cite Cbft or ffthe InitW Vedolon Mdaer cmteludea that, in fire Initial Decision MoWs We discmticrn, it Weald be kuppropsift fbr the Mz[thtl Dwhim Maw to yesohv the Claims. # If= Ta evahWft Chh= tits Initial Decision Maker may, but dWl not be obligated W, amok with err leak mon*= titherparty or fcnmr Pumor wis i P%M k wwldP oreRwtiftwbo gray aasid the initial Of Da4aum Marone m mdmhg a decision. Tine Ys*W Dackdon Maker may request lite Owner to audomb "Untfon of LT mch parsots at fire Owvrases aptease, Inik -AWN smdA901s-2asr.taeptirwtdelamlett.le"'I 76.10%W.i661,1 wlop, 7aR1 low 11mim1w 1wwdMff&yTMMAdM h�llrae aEfYdi�.Aa�hh l�d?Iltk.'rtses Ails` p�a�ei�lsg�reiQeTN1�lY la�t�r eAd�l4ssner, lnq�u9ap�rdr�r� adon�x aes9e�pn ®tslala etlwg lt�a+umeieq, ®rape, twdw�sl a� rmt sn axrese eape;3 , srtd dtloa rid ton fpr , 30 i eitpaeaa ex�durl tsw�.7l�frdoa+p�tMMsawledonOrrtflL01a11am udw2nWanofNAMwmFAem4ft-w nor m.MOaDUM. andlihOtiOrneall� liRd ��Uoan�adlyft#AlmoaepMi�llRd/halat BraislwneuMon4r.arxltlpyeorM redim,dpMrrto��I , f 16.14 If Ilse Initial Dmision Molter requests it puty tD provide a response to a Claim ox to funM additi=d smvmft dab, such ley shall it witbia ten days aft receipt of omb regm % and dball either (1) provide a tespoma en dwnqueated snWm ting data. (2) advise the Wtial Aacision Mdm when the agmse as dpda will be A=td ad or (3) advise the Initial Decision halter tbst no aiappm ting data will be fiWdAkad Upoa reccipt offt aspouse or sqV=ft data, if ay. the Initial Decision Maker will char reject or apprm the Claim fia whnk or in part. I WJ Tk Initial Daum lrlpriwr will render an initial d approving or r4eeting the Maim, or *wkw ng that the Bifid Dmdm MdDer is unable to rmolve the Clahn. 7ft initial decision awall (1) he in WW9W (2) !tall: the nations ter; and (5) notify the parties ad Se Archback if are Aichka is not serving as two britiel Ded" M akff, of my dmkqP in flte CdWact Sam or Gant a Time or both. The h t d deddm shall be final and Moft an the parties but abject to n wiliation and, if the parties fall to rnKdn flair dispute twovo madiadon, in binding f ILU Edhcrperty my SO fir mad a tiem of att initial 6MMM at any tune, sUbjent iD the trans of Section 15.2.6.1. I ISWIA1 »erparWmoy, wri&h3o days from the date of ew iniW decision, demand 1n cashing that **odwparly 5k ft tnedletfM within 60 drys of floe initial decision. Wench a demand Is ,meds and thepuW raodvhW su dawmnd Aft tD file hr medhntim within as lino required, that bods parties wraive thou "SW to mcdisae or rune binf'mg dispute jpOudoin p mmdiqp with r uipact to the initial del Woun. 16.17 In the event of a Claim q b W two Caaftwtwr, the Owner may, but is not oln y ttld tq notiFj► fire solely, ii' amy, of twe saloon and amtaant of the Claiea, If die Chrita n ktea to a posatbi` W ofd Ceratraetoes defsm% the Owner may, bat is rot obligated to, mn* the surety and requa tiro anrety's assidance fa tr+solving ass cvatmvwy, 193.16 Ifo Claim mblas to or 1a the subject ofd mwAiauic's Iien, ore party asseaWgmdr claim my prooead in aoeordauee wft applicable law tD comply with the lien ration or Ift daedlines. J 16A YlMYM I I&LI Clam dtquNk or other mom in DowmVasy Wling an of or related to the Clontrect mraaept those waived as prmvided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject ao mediation as a amAidon prdoddw to biaft dhpate ieaohrtion. I I U2 The gartlas ninon andewor to resolve their Calms by madiaticm w1d4 nukes dw p dW mutually spree otwawisw iohdl be a eyed by the A=micnm Arbitration woe in accordance with it! Conef Won Indn![ry A4c W cn PAx*h neo in WSect an the dose of the Agreed A regoW fir matiistian shall be mxb In cad ft dd v and m the cher party to flie Conh24 and RW will; the person or Maty as>bmmdsteeing the mediation. Tho x quest may bemade Donaumay wait the tilt ofbbdiAg dispute resohAmpre mal ngs but, in moil eves; media m shall proceed is advance ofbb ding dal mw re dodanp %*ccdlgA vWch shall be stayed 1peadkg medlatio n for a period of 60 days Am the date aft ualea aiayed hr a longer period by sgnemneat of da parties or court uklm if an arbi bad n is stayed pmua t to this Section 15.3.2, the Miles may uaoMps pmneal to the aalechon ofthe arbit>lwt*s) ad ag><'aa Won it sclx dde far Iderpsowedmgl. I 15.3.8 The pu des swell dnmw On mediator's fee acrd any filing equally. The pmatlistion shall be hold in the place where the Pnpd is Iatmtad, n mh= isM&W l adore is mutually agm it upas- Agieenmeots ranched it rmdirsticn doll be cedUccahle as eadment qtr in my mm havitrg jmiedhfiorr tharaof; 16.4 ARBRR MM 16.4.1 Ndw pod a ]rave aeladed atbilratiorn as the method for bindingdispute reach" !n theAgmement, my Clefutmidect m, but aatmsohrar l by, toadfation dwell be sub)aa m atbikMim whic14 wku the putim mutWl y sovee o*wdve, shall be adrniaiseved by ire American ArbinationAssadetim in acconnhnce will: its Coodmction Ubsrry A*Iftdm Rain in ef3'ect on tiro date of the Areenmet A demand i w abbey das shall be naptic in writbs& ddlivered to lbs adw rorty to &a Cmhw;4 and filed with the peum or ems► administaft fie Obbmilon. The Paris► fift a =iia of demand for arir*Idm rwoatet assert in in demand all. L' rima thea k www to drat patty on wbieh arbhottian is pamitted to be dommulad. /WDaolrn�A�t*��Zee7a Oide8:1611f11e,11A7L�i13f,1961,78ea,1lat,1aa8yIMIsntaro,1W.1 otr�12WlW7nWgn, *= kela�Maf/k 11 -'MOM* w�'rp�s��feeeul�nR�stno�nndky3pa.�luwNr�dk�,wMiimre a ria �.+dlal�adti�,slTlhL.a6p�i'��r�►®.°�.r�grasaAtkeaan�rarArees6�9rmJ.awst�flraAprpeAi�',�re gi OW ftN*FDrM*L W& &==nth bWMCWVWAMWW VAN Um a* ens oar na k. >+er n sr wnaWn I IGAIJ A demand for aditation shall be made no'eafierthen cancw mlly with 9m fi ft of a request for nxdmtioa, but in no event shall it boroadie after %c date when ik institution aflegol or equitable procoaainga based an do Claim would be brand by the applicable shmme of lhxdtabwna. For shtute of limitatim pucpuaes, rwe* of a written domd for wbitmtkm by ft pawn or entity admi3ish2be fim.ad metioaavW consam the hotutim of legal or cquifable pmt based on flue CIaWL 1144.4 The award nmdemd by the arbimor or arbbrotm alien be inial, and judgment may be ant and it m accardom with aplieabb law in mW court baft jmiWkdon Ihm E 14.4.9 The fmcgoiag Mmeaaeot to arWbme grad odd agammu to atbittsIg. .v & an addidoasl mum of erft My oomemed to by parties to dye Agrewzw a W l be specifically eoim¢eeble wader app5mbie law in my calm having judtdWoa tmvd J IMA CONSO1JDATION GR JOMIR j IL"I Eldwparty, at its a* diaore&% mai► aataaolidase ran athmVen candtgted muder rola Agraes�at Wftb nary mbw to wbich k is a" ihat (n do��t oa"n ng the other � pdmai#s camaolidtdion, �7 the adritrrdicsta m be oauenlidated scbata�rlly i�ate+ie eommoa gnas�raa of ttta►atr faq, trod (3) the mblpaetlans m9hynaaterlally aimilarroa dual Was and meftds for sleeting a:bbmict(s). 14442 MOO party, tails sok dismzdom, may iwJ, byjaWarpamomortmiffiesmokmadWyinvolvedina, question of flew ori'ect wiarae prx is rtgnnitd ff'aotttpkie r�elied'ia to be: adrpadad ib Noq psnvideddtat Bae party saogtrt to be joimd ocm�rta is �tnitlgg >b each joiaaer. Casttrtart to � im+olvimg m Wdhkmlpmm or entity tdfall not consulate c m ma to wbbmd= of my claim, dipole or adwr mattes m gwma not descsr w in fila Wdthm canMML 11i.4A3 The Owner sad Cmc om Sun to oW porion or entity made it patty to an NWWdo oondaosmd mtdar dare Section 15.4, wL-drer by jabmer or cmmlidatiaa, the same dea of jower and amoltdalhm as the Owner and Comftc kmr ender d ds Agit. A RDDmrm tAM"—=T. i hd� � 8a9,1if1, 71tt6,,�ta'!a. i� 111. ia61, a%i9at.'19a9, itts4,1a9Q, 1M t11aT,'IBa7 andYOQ'l byTha Amnieaa tnlYaaef AxaArw�.M dpdx �,1NI�r ihk AW Aaamom b pmkcM *UL CWpW taw vWk& iimMww 7miwc Wm* mbad mp►s 38 dudimr or dbh bWm albb Ate Dmamoft a WWPW lon arM, vMWIR MWO &A and p and W IM ba proaaaapd to Yn ao" m md"Oftandb rriaaLrabdooutwdk%VOWhV#mIKnNlpnIWOWNdAWWWWWWW mauaeo*mmd�►ndbempvdmdtfrblk gjftal96B�1. r�4 BOYNTOt4 "BEACH CRA CRA BOARD MEETING OF: February 14, 2017 Consent Agenda IX I Old Business I I New Business I I Legal j I Information Only I I CRAAB AGENDA ITEM: XIII.I. SUBJECT: Consideration of Purchase and Sale Agreement for the property located at 1110 N. Federal Highway SUMMARY: on January 10, 2017 the CRA Board approved the purchase of the property located at 1110 N. Federal Highway for the purchase price of $170,000 (minutes attached). The Seller has executed the attached Purchase and Sale Agreement which has been reviewed by CRA legal counsel. CRA staff is requesting the approval of the Purchase and Sale Agreement in order to proceed with due diligence and the purchasing of the property. FISCAL IMPACT: $170,000 from FY 2016-2017 Budget, Line Item 02-58200-401 CRA PLAN/PROJECT/PROGRAM: 2016 CRA Redevelopment Plan, Federal Highway District (pages 93 — 104) CRAAB RECOMMENDATION: NIA CRA BOARD MOTIONIOPTIONS: CRA Staff is requesting the CRA Board to review and approve the execution of the Purchase Agreement. Michael Simon, Interim Executive Director Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 to the hotel and not necessarily residential. Mir. Simon explained the proposal essentially changes dramatically, if it is just the TIF on the hotel. The payout is tied to the Motel. The motion unanimously passed. XIV. New Business: A. Discussion and Direction for the Potential Acquisition of 416 E. MLK, Jr. Blvd Tabled 11/9116 for 90 days Motion Vice Chair McCray moved to remove from the table. Ms. Romelus seconded the motion that unanimously passed, Motion Vice Chair McC ray moved to direct staff to no longer have a discussion on the above. Mr. Katz seconded the motion that unanimously passed. S. Discussion and Direction for Purchasing the Property Located at 1110 N. Federal Highway Mr. Simon identified the property and advised it is a 1,700 square foot building on .14 acres of land. It is two buildings north of the intersection at Federal Highway and MLK Jr. Boulevard on the east side of Federal Highway as contained in the meeting materials. The owner has agreed to sell the property at the appraised value of $170,000. The CRA has been looking at this property for some time and it is currently not rentable. There is very limited parking at the site, the building needs to be painted and there is clean-up and landscaping needs. Staff can bring back options to keep the building standing or with new code enforcement directives and social media, maybe the CRA can activate the space as a meeting space with businesses or the public as an option. Chair Grant thought the size of the building would be appropriate for the Community Caring Center or even for the CRA to move into. He requested a motion to move forward to purchase the property. Motion Mr. Katz moved to approve. Ms. Romelus seconded the motion. The motion passed 4- 1, (Mr. Casello dlssentingr.) Ms. Romelus explained Mr. Simon was working with Attorney Duhy on processes so the CRA was not forthcoming about properties they are intending to acquire in order to the keep the price down. Mr. Simon asked if the motion included a request to bring the 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 10, 2017 document back for final approval, before signature or if it met the approval of CRA legal, they would execute it without bringing it back. Staff can negotiate the terms with the representative for the owner and bring it back for final approval at the February meeting. Chair Grant commented the motion to approve was for $170,000 as is. C. Consideration of the Purchase and Sales Agreement with Violet Real Estate, Inc. for the property located at NE 3'd Street Mr. Simon identified the property and advised the property is at the end of MILK ,Jr. Boulevard and Railroad Avenue, adjacent to two properties the City owns. It is zoned general commercial. Staff has a seller executed portion of a contract for the property at $30,000 which he recommended approval. It is appraised for over $55,000. Vice Chair McCray noted the CRA was assembling land Motion Vice Chair McCray moved to approve. Ms. Romelus seconded the motion that unanimously passed. D. Audited Financial Statements FY 2015-2016, Fiscal Year Ended September 30, 2016 Mr. Simon advised Ms. Harris was out sick, but she was proud to present the financial statements for the year ending September 30, 2016. The CRA continues to be financially sound and fiscally responsible. The oversight of management of public dollars is governed differently than private funds. He noted best practices regarding stewardship of public dollars encompass the safety and liquidity of funds. If government agencies follow best practices, it ensures money is available for - projects. Richie Tandoc a principal from the firm was present Richls Tandoc, Sansone Klein ,Jecomino Tandoc and Gamarre, partner in charge of the CRA audit for the fiscal year ending September 30, 2016, thanked Mr. Simon, Susan Harris and staff for another efficient audit and their continued cooperation. (Mr. Caseilo Zeit the dais 8:57 p.m.) Mr. Tandoc explained the documents are well organized. He reviewed the required communications and issued a clean opinion. Their internal controls had no material weaknesses or noncompliance issues. Both reports are dated December 4, 2016. There were no adjustments made during the year. There was no fraud or illegal acts by employees found that would cause a material misstatement of the financial statements The firm is independent of the agency and its related entities including the City of Boynton Beach. There were no situations that would impede their independence and they have not performed any non -audited services for the Agency during fiscal year ending September 30, 2016. There were no suggestions for improvements. 22 • Federal Highway District, Introduction Planning Challenges Planning Considerations The Vision Recommendations IntrodlIction The Federal Highway Corridor is approximately 2.5 miles long and runs from the north to the south City boundaries. Corridor redevelopment has been difficult, given the glut of outdated commercial buildings as well as land use and zoning generally out -of -step with the changing economic environment and current vision. In 2001, to address the blight along the Federal Highway corridor, the CRA and City adopted the Federal Highway Corridor Community Redevelopment Plan. The Plan was updated in June of 2006. The Federal Highway Corridor District benefited from redevelopment activity more than any other district. The land use changes recommended by the 2001 Plan and its update resulted in the development of 2,358 new residential units in the five new projects at the north end of Federal Highway and eight projects along the south end of the District. The CRA recently completed a capital improvement project in the area of the FEC right-of-way, on the west side of Federal Highway between the Stanley Weaver (C-16) Canal and N.E. 15th Avenue. As part of this project, new landscaping, irrigation, lighting and a new entry sign for the City were installed. This District consists of two sections, North and South. Each section extends north and south from the Downtown District, ending at the City's boundary. On the west, they are mostly bounded by the F.E.C. Railroad right-of-way; on the east, both border on the Intracoastal Waterway. The South and North sections of the District represent the main entries into the City from US Highway 1. There are two major arterial roadways in the district: Gateway Boulevard, an east -west arterial between 1-95 and Federal Highway, and Federal Highway, which runs north/south through the entire CRA district. The district is home to two City parks: the Harvey Oyer, Jr. Park with 8.79 acres and the Intracoastal Park with 8.97 acres. Both parks provide residents with access to the Intracoastal Waterway. 94 }Bo nton°Baach��IMd. " 9LI� "��" ; �, ' +� � �` r''7• � x�� "� � r'. �R ° .. ' ��.y`' � �, rG 'Y' •�f� �.r I � rA5�f7Yr p , Yt �, ti �i 1 i �' . , MM.�t i ti.r. t rt......}. _� •,iy_ t� �k y�T ri1+liirk Rri ". 1+' ti_ y.. ` Cl y-'Fy s� i ■�- q . .r r T ! 1 r' l ~ + ►� w 1+ ��rJ t t y 4- SyF 9, 'Yk '}� ■ "•e�IR r'i'!�* ! ice, _ �{ _ —]SL `• �' _fr tl�,-e r,b... ��.F..rr' � ''r 'M�M� ■ y1 E'•'s=yy:�;.�/� `f'� } .fix I��,h�_oY-�•.•;yky i ►� �t al ��,l7nir�1■/' AAAA.' ,A �`f nrw, +'.. 'F� 4r.•._- RRLN til j. 0 , 'VJ,.oIl,rlF.hr'-;4i- x j`.9i-'At•�' wwyr wA,� +�Y! r rF•r_� .t+. ,_ Z1'" .. _ w i wl.■I,r '4T- f:+' $ M err jl., #T5'4 r.3 ,w --1".".T. �iw Y -FEW it z 10 INJ Alp '7ri7i _ .14 '• , #^. }' dk +MLIC fir: Alar! � : fit; Firjp •,�� r�, � - fS a 7L� }, � rr• iFr . r Ap 'F 5. x ■# *' NE7tli. j 1p — SE 3�xi#t A B, F Planning Challenges One of the most challenging aspects of the north section of the District is the geographic layout imposed by the location of the FEC Rail line and the Intracoastal Waterway. The insufficient depth of land on the west side of Federal Highway makes certain areas undevelopable or at least difficult to develop. On the east side of Federal Highway, the depth of commercial lots is also inadequate to build anything that is responsive to the market. Land assemblage is required to create a developable site; moreover, there are only a few vacant parcels. Among numerous outdated commercial buildings, some are vacant and many under maintained. Additionally, many of the uses are not compatible with the vision of the Plan or with the adjacent residential neighborhoods. Another predominant feature that is creating visual blight is the abundance of overhead utilities. Old utility poles often remain after new poles are installed, taking up precious sidewalk space. The sidewalks are too narrow to allow two people to walk side-by-side or to accommodate the installation of mature shade trees and decorative streetlights. .f A -41 V-16--, _ It- id w There are insufficient bus shelters along Federal Highway, even though Route 1 is one of the Figure 50: Example of District Planning Challenges • most used of all the Palm Tran routes. Due to the scale of Federal Highway, the buildings and uses have been oriented to the automobile. There is little in the design of the road, sidewalks or buildings that would encourage biking or walking as an alternative to driving. The drive lanes of Federal Highway are 12' wide, encouraging speeding adjacent to the sidewalk. A major challenge to redevelopment in the area of Federal Highway is the lack of developable parcels. 96 Planning Considerations There are several additional factors to consider for redevelopment recommendations along the corridor. The first one is a close proximity to the waterfront, including direct access to the barrier island and oceanfront recreation areas as well as direct access to the Intracoastal Waterway through three public parks located at each end of the corridor. However, it also makes the District vulnerable to flooding from high -tide events, storm surge, stormwater runoff and, eventually, the related impacts of sea level rise. Areas along the east side of the corridor are especially susceptible to flood damage, with large sections both north and south under FEMA -designated Special Flood Hazard Area (SFHA) and storm surge zones extending west past Federal Highway. Portions of these areas are also within evacuation zones for category 3 and 4 hurricanes. Both the north and south parts of the District overlap with the Comprehensive Plan's Coastal Management area, and therefore are subject of all its policies. The main focus of these policies is flood prevention and mitigation, including policies regarding certain uses, development intensity increases and public infrastructure improvements in areas most prone to flooding. All have to be taken into consideration in redevelopment decisions, striking a balance between people's desire to live on the water and the need to reduce threat to life and property from natural hazards. At the same time, the policies strongly encourage that public waterfront access be a part of all waterfront development. 97 The return of passenger service to the F.E.C. Railroad as part of the Coastal Link project will also serve as an attraction to downtown living and working as the City redevelops. A portion of both segments of the corridor is within the Downtown Transit Oriented Development District. The entire corridor, future train station and the existing Tri -Rail Station is accessible via a short bus ride on one of the County's most ridden Route #1. 98 Vision The Federal Highway Corridor shall serve as a major point of entry into the City and the downtown from both the north and south direction. There shall be a mix of uses that front the road, improve and activate the area. The streetscape will encourage biking and walking by providing shade, attractive lighting and a sense of safety. The single-family neighborhoods will experience an increase in value and become more attractive to buyers. Recommendations: Streetscaae Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: Create a Complete Street design for Federal Highway including the addition of: • 4n -street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees Minimum 8' wide clear sidewalk Decorative light poles at both the vehicular and pedestrian scales Require installation of canopy trees that provide immediate shading at time of construction • Underground overhead utilities • Provide additional pedestrian crossings where needed • Create a greenway along SE 4th Street per the Connectivity Plan 99 Recommendations: d Use To encourage land assemblage for redevelopment of the corridor, the Plan recommends the application of the newly created future land use classification (Mixed -Use Lowwith a density of 20 units per acre) and zoning district (Mixed -Use 1 zoning with a 45' height limitation). This new land use designation will allow flexibility to develop retail and residential or retail and office uses, allowing the market to determine the best mix. The Mixed -Use Low would apply to the Federal Highway frontage and to Gateway Boulevard at the Federal Highway Intersection. Currently there is commercial land use at this location; however, it is in need of upgrading. Compatibility ordinances will be utilized to minimize impacts of commercial uses on adjacent residential neighborhoods. To allow for growth within the CRA and the City, it is recommended that the new mixed-use zoning category—Mixed-Use 4 with a density of 60 units per acre and 100' height limitation—be applied at the four corners of Woolbright and Federal Highway. Below is a table of the proposed land use and zoning designations that will apply along the Federal Highway corridor: Table 6: Recommended Future Land Use FLU Classifications within the Fedeal District LAND USE DENSITY CORRESPONDING ZONING DENSITY MA AP HEIGHT Mixed -Use High 80 MU4, MU Care 60-80 100'-150' Mixed -Use Medium 50 MU -2, MU -3 40-50 65'-75' Mixed -Use Low 20 MU -1 20 46' Speda; High Density 20 IPUD 20 45' Residential HIgh Density 15 R4, Infill -Planned Unit 16 45' Residential Development Med`um Density 1 R3, Infill Planned Unit , Residential ' Development 1 :0-11 45 Low Density 7'S R1 -AAA, R7-AAB, R1 -AA, 5-7.5 30' Residential R -1,A, R-1. PUD Recreation n/a Recrsauon n/a 45' Properties located within the TOD may reciere a 25% density bonus Projects 100 Mixes! Use — High 60 dWac (Zoning MU -t) • Max height 100' • Commercial uses requ;red to front Federal Hwy • 45' Base Maximum MU- Law • 20 dWae • Max height 45' • Commeraal uses optional Figure 5 Projects REC I �� / film. r I'y LI HDR■ ■ '-+ MU -M TWU SHI) '� ��/�ƒmak � � �� \\ate Urban Design The following urban design guidelines are recommended for the Federal Highway north district: • The buildings shall be set back to accommodate on -street parking and the Pedestrian Zone. • All overhead utilities shall be installed underground. • For buildings incorporating commercial uses, these uses must front Federal Highway and shall maximize glazing facades visible from rights -of -ways. Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting Federal Highway shall have a minimum height of 30' • Buildings fronting Federal Highway shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum of 90' deep. • Parking shall be located to the rear or side of the property. MU -L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. Curb cuts shall be permitted on Federal Highway only when access is not possible from the rear or side. • Adjacent single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. • Building roofs shall have vertical breaks to prevent long unbroken spans. • Building facades shall be articulated with plane changes at least one foot deep with changes in color texture and material. • All buildings along Federal Highway must have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. ,tiIf - F. re 55: Example High Density Resiidentia ' - Pok ot 16 y lei AL I A. all" r I� ALs I I — 104 ARGPublications, ARTICLE I PHOTO RELEASE FORM Please print, fill out, and return this form via fax (512-266-29 101 or email (kevans@argpub.com). I Tracy Smith—Coffey the hoto ra her writer owners or copyright holders of the submitted photograph(s), hereby grant permission to ARG Publications, LLC and its legal representatives, to use, reproduce, display, or otherwise publish the photos)/article(s) for use. ARG Publications, LLC may publish the photographs)/article(s) in any manner, in whole or in part, in any of the publications, or websites, it produces, for an unlimited period of time, without compensation to me. waive the right to inspect, approve, or otherwise review the finished photogroph(s)/article(s), website, or printed material in which it/they may appear. f affirm that I am at least 18 years of age and have the legal authority to sign this release as legal representative. further agree to release, forever discharge, defend, and hold harmless, ARG Publications, LLC, its officers, employees, suppliers, or agents, from and against any and oil claims, damages, demands, or liability arising from, out of, or in connection with the use of the photograph (s)/orticle(s). further attest that the photograph(s)/article(s)submitted are my original work and that use by ARG Publications, LLC is not infringing upon the rights of any other(s). Signature: Date: Print Name: Tracy Smith -Coffey Company: Boynton Beach CRA Address: 710 N Federal Hwy. City, State, Zip: Boynton Beach FL 33435 Phone: 561-600-9096 Photo Credit: Sandra Edwards Example: Photo Courtesy of (COMPANY) or Photo by (NAME), courtesy of (COMPANY) w 300 E. Highland Mail Blvd., Suite 395 • Austin, TX 78752 • PH 512-266-2900 9 FAX 512-266-2910 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined),.by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a: public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "PURCHASER") and THE ALPINE SEVEN COMPANY, INC. A Florida For Profit Corporation (hereinafter "SELLER"), In consideration of -the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located in Palm Beach County, Florida (the "Properties") and more particularly described as follows: . 1112 North Federal Highway, Boynton Beach FL 33435 Legal Description: The North sixty six feet (66") as measured at right angles to the North Line of the following described parcel: That part of lots 20, 21, a-nd 22, Block 2, LAKE ADDITION a subdivision of the City of Boynton Beach, FL, according to the plat thereof , on file in the office of. the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 11, page 71 of the Public Records of Palin Beach County, Florida, more particularly described as.foilows: BEGINNING at the Southwest .corner of Lot 20 Block 2, LAKE ADDITION , run easterly along the South line of said lot 20, a distance of 122.5 feet to a point hence northerly at right angles to the South line of said Lot 20 a distance of 131.7 feet more or less to a point in the. North, line of Lot 22, Block 2, LAKE ADDITION, thence run westerly along the North boundary line of said Lot 22 to the Northwest Corner of said Lot 22; thence Southwesterly along the West Line of Lots 22, 21, and. 20, to the Point of Beginning, subject to. existing right of way of U.S. Highway #1 (State Road #5) Purchase and Sale Agreement Page 2 of 15 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be ONE HUNDRED A.IiD SEVENTY THOUSAND Dollars ($170,000.00), payable in cash-, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT, 3.1 Earnest Money Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Kenneth W. Dodge, Esq. of the law firm of Lewis,. Lohgman. & Walker, PA ("Escrow Agent") a deposit in the amount of THIRTY F04JRTHOUSAND Dollars ($34,000.00)the "Deposit"). 3.2 Application Disbursement.of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER:shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non -defaulting Party, and the non-defaulting.Party shall have such additional rights, if any, as are provided in Section 12. 3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will ;not .be liable to any person for misdelivery of escrowed items to PURCHASER and .SELLER; unless the misdelivery is due to Escrow Agent's willful breach of -this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will ,pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The effective date of the Purchase Agreement is the date that the Escrow Agent receives the Escrow Deposit and Escrow Agent executes the Agreement. S. COL SING. The purchase and sale transaction contemplated herein shall close on or before MARCH 15, 2017 (the "Closing" ), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty. Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear 00704498-1 Purchase and Sale Agreement Page 3 of 15 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 Titre Commitment or shown on the Survey (defined in Section 7), to which PURCHASER, fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. INTENTIONALLY LEFT BLANK. 7.1 Title Review. Within twenty (20) days of the Effective Date, SELLER shall obtain, at the PURCHASER'S expense, from a Title Agent chosen by SELLER (hereinafter "Title Agent"-), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule 6 of the Title Commitment. Any and all. assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions. shall be paid by Seller prior to or at closing from Seller's proceeds. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections' PURCHASER has to the condition of title (hereinafter "Title Objections"). If PURCHASER falls to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter "Cure Period'). in the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the 'Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER's. sole and absolute discretion, shall have the option of (i) extending.the Cure Period and the Closing for one additional thirty (30) day period, 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 PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. - Prior to the Closing, PURCHASER shall have the right to cause the Title Agent to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and 'objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in 96704499.1 f Purchase and Sale Agreement Page 4 of 15 the Title Cbmmitrnent; sdbj.ect to the provisions of,this Section. 7.2. Survey Review. PURCHASER, at PURCHASER's expense, shall obtain a current boundary survey (the "Survey") of the Property, Indicafing 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 SELLERDeliveries. SELLER shall deliver to .PURCHASER the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical. inspection reports), in SELLER's possession or control with respect to the physical condition or operation of the Property; if any. 7.3.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management,petmits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over. the Property, or any portion thereof(the ."Governmental Approvals"), which are material to the use or operation of the Property, if any. 7,3:3 Prior to the Closing Date, SELLER shall execute and deliver to PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER's sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those Governmental Approvais, or portions thereof which are applicab.le to the Property, that PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from. any Governmental Approvals. 'No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the Governmental Approvals (including, out not limited to, any and all portions of the surface water management system, mitigation areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. SELLER warrants that there will..not be; at the time of Closing, any unrecorded instruments affecting the title to the Property; including, but not limited to any conveyances, easements, licenses or leases. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 90749496.1 ti Purchase and Sale Agreement Page 5 of. 15 8.1. Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing, 8.2. Condition of Property. The physical 'condition of the Property shall be the same on the date of Closing as the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8,4. Compliance with Laws and, Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the PURCHASER at time of closing unoccupied. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared; the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1. Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, tothe best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non - foreign affidavit with respect to the Property. In the event. SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations. between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing. 9,4. Corrective Documents. Documentation required to clear title to the Property of all Liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as PURCHASER or the Title 00704498-1 I Purchase and Sale Agreement Page 6 of 15 Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this'Agreement. 10.. PRORATIOINS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Assessments, rents, interest, insurance and other expenses of the Property shall.be',prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased -or decreased as may be required by prorations to be made through the.day prior to Closing. Advance rent and security deposits, if any, will be credited to PURCHASER. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295,. Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector's Office. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall rd -prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.3. Special Assessment Liens. Certified, confirmed and ratified special assessment. liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall,. at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. Closing Costs, Seller shall be responsible for all documentary stamps on the deed, recording the deed and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.). PURCHASER is responsible for half of all general closing expenses and their own legal fees. All other costs of closing shall be borne by PURCHASER. 10.5 Closing Procedure. PURCHASER shall fund the' -Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing -Agent the. Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to PURCHASER; and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 00704498.1 Purchase and Sale Agreement Page 7 of 15 10.6 Existing Mort,Pagces and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material- respects and except as otherwise provided in this Agreement (i) are now true, and (ii), shall be true. as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, i,ndividual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materlally adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any.condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract,. mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is. a party of which" is or purports to be binding upon the SELLER or which affects the SELLER, no action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the. Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims,. options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions, Additionally, SELLER represents "that SELLER will not, between the date of this Agreement, and the Closing take any action to terminate or 00704498-! Purchase and Sale Agreement Page 8 of 15 materially, amend or alter any existing leases presently in existence, without the prior consent of PURCHASER, which consent shall not be unreasonably withheld or delayed. 11.5 SELLER.represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 11.6 SELLER shall not list or offer -the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect.. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the Feasibility Period to the Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or. governmental. agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.8 SELLER represents that.it has no actual knowledge nor has it received any notice that the Property has been, is presently .or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the terve "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). 11.9 SELLER represents to PURCHASER that the Property is not subject to any deed restrictions or declaration of restrictions running with the Property which would affect the use of the Property except those constituting Permitted Exceptions. as defined above. 11.10. Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.11 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance.with its terms. The person executing -this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 0070949&S Purchase and Sale Agreement Page 9 of 15 11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 11.13. Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER'S information and belief; hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings. with any governmental or quasi -governmental authority, including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning'the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11..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 PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property. which will impair the use or operation of the Property in any manner. 11.13.3 To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 12. DEFAULT, 12.1. PURCHASER's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER. subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER'as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly prodded to survive. the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the. removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that -if PURCHASER defaults, SELLER will .suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate. SELLER. PURCHASER and SELLER agree that this is a bona fide 0070449&4 Purchase and Sale Agreement Page 10 'of 15 liquidated damages provision and not a penalty or forfeiture provision. 12.2. -Seller's Default. Inthe 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, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non -defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) business days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non -defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions'of this section .shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified. mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Spencer B. Siegel, Esq 1600 South Dixie Highway Suite 300 Boca Raton, FL 33432 If to Purchaser Michael Simon, Interim Executive Director Boynton Beach Community. Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 515 North Flagler Drive Suite 1500 West Palm Beach, FL 33401 00704498-1 Purchase and Sale Agreement Page 11 of 15 14. BINDING' SLIGATION ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the .City of Boynton Beach (the "City") without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 15. BROKER FEES. The SELLER and PURCHASER hereby state that they have not dealt with a real estate broker in connection with the transaction contemplated by this Agreement and are not liable for a'sales commission. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees).of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder. in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CON DITONS. 16.1. for purposes of this Agreement, pollutant ("Pollutant') shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws.. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of.such Pollutants, Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local. laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16,1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) ' . That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER'S knowledge. .(2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the 0=4409-1 � �� Purchase and Sale Agreement. Page 12 of 15 Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or.form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER'S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS: PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and, some or all of the documents necessary to consummate the transaction set forth herein. To the extent. that any litigation should be instituted by SELLER, either directly or.as a third party, to .prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged documents into the court.. In either event, SELLER agrees to pay PURCHASER's reasonable attorneys' fees and costs; both trial and appellate. 18. MISCELLANEOUS. 18.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts; each of which shall be deemed'to be an original and all of which shall, together, constitute one. and the same instrument. The section and paragraph headings herein contained are floe the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise. specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the. Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District of Florida. 18.2. Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the. computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the 0070aa9a4 Purchase and Sale Agreement Page 13 of 15 next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof, 18.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 18.4.. Construction of, Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural,. and the plural shall. include, the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 18.5. Severability.. if any provision of this Agreement or the application thereof shall, for any reason and to -any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application ofahe provision to other persons, entities or circumstances shall be affected thereby, but. instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 18..6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver f Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 18.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 18:9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has ful.1 right and lawful authority, to. execute this Agreement and to bind and obligate the party for 00709498-3 Purchase and Sale Agreement Page 14 of 15 whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 18.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 18.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER'S Property Deed and PURCHASER's possession of the Property. 18.12 Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its oven attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. In any litigation regarding this agreement of the transaction contemplated herein the prevailing party shall be entitled to their costs including a reasonable attorney fee. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. REMAINDER OF THIS PAGE INTENTIONALLY BLANK SIGNATURES APPEAR ON THE FOLLOWING PAGE 007044WI Purchase and Sale Agreement Page 15 of 15 PURCHASER: SELLER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name: Printed Name: M A kiu Te w e - Title`. Mayor Title: Date: Date:��A- WITNESS: WITNESS: 1 Printed Name: Printed Name: lr Cr�t7 WITNESS: WITNESS: Printed Name: Printed Name: /,I -,Py �c ^ ESCROW AGENT Lewis, Longman & Walker, P.A. Printed Name: Date: 04704498-1 °B�°CRA CRA BOARD MEETING OF: February 14, 2017 J Consent Agenda IX I Old Business I I New Business I J Legal I i Information Only I I CRAAB AGENDA ITEM: XIII.J. SUBJECT: Discussion on the Issuance of a Request for Proposal/Request for Qualifications for the CRA Owned Project Area Located on N. Seacrest Boulevard known as the Cottage District Site SUMMARY: The CRA has been assembling land on the block located at N.E. 4t"/5t" Avenues and Seacrest and N.E. 1St Street since 2007. The CRA owns approximately 4.08 acres within the block. The remaining parcels are either owner -occupied or not willing to sell (See Attached Ownership Map). The goal of the Cottage District project is to increase homeownership opportunities, increase taxable values and to reduce slum and blight within the Heart of Boynton community. To date the CRA has been responsible for the development of 36 new single-family homes in the Heart of Boynton helping to reduce crime and stabilize the neighborhood. The CRA issued a Request for Proposals on September 16, 2016 and as of the submittal deadline of November 16, 2016, they did not receive any proposals for the project (see Attachment 1). During presentation of the RFP at the December 14, 2016 meeting, it is staff's opinion that this is a reflection of the current market conditions for the sale and purchase of new single family residences within the Cottage District site area, as well as, the overall housing speculative market in the eastern corridor. In addition, staff believes that the language within the RFP/RFQ relating to design and housing type criteria may have been too restrictive for the development community. Staff has reached out to several market rate and affordable/workforce housing builders for input on a number of issues from market conditions to the type of housing product that would be appropriate for the Cottage District site. Staff feels that these discussions have also been able to generate interest in the Cottage District site and would like to issue another RFP/RFQ for development of the project. FISCAL IMPACT: To be determined CRA PLAN/PROJECT/PROGRAM: 2016 CRA Redevelopment Plan, Heart of Boynton District (pages 104 — 117) CRAAB RECOMMENDATION: NIA CRA BOARD MOTION/OPTIONS: Provide staff direction 2e,,::�� Michael Simon, Interim Executive Director ATTACHMENT I Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 positions run until such time as the Board feels they should be made permanent. He listened to the presentations and thought Mr. Simon should be given a fair chance. Vice Chair McCray favored letting him serve until the Board feels he should be given a permanent position or they filled the position. Motion Vice Mayor McCray moved to table. Mr. Casello seconded the motion. Mr. Katz thanked the firms and apologized to them as he was looking to table the item. Chair Grant commented they were going to see what opportunities are available and was pleased with the work the Interim Executive Director was doing. Vote The motion passed unanimously. Mr. Katz asked how long the Board wanted to re-evaluate the position. Vice Chair McCray wanted to table the issue for six months and then review. There were no objections noted. Mr. Casello asked if Mr. Simon could hire an assistant. Chair Grant explained it would be heard under New Business as Item 14 F Motion Vice Chair McCray moved to amend the agenda to add the Item to New Business, 14. F. Mr. Katz seconded the motion that unanimously passed (place the vote as a separate paragraph. Vice Chair McCray clarified he was discussing hiring an Assistant to the Director, not an Assistant Director. E. Discussion of Request for Proposals and Qualifications for the Cottage District Site Mr. Simon explained the CRA issued a Request for Proposals/Request for Qualifications (RFP/RFQ) for the CRA property known as the Cottage District in the CRA Plan. It is about a 4.5 to 5 acre site. The idea was for the site to be re -platted to accommodate smaller housing, similar to a cottage -styled house and provide for single family homeownership in accordance with the Plan. It creates diversification as varying aes will occupy the smaller houses and they would be similar to the historic homes on 4t having a cottage feel. It was anticipated developers would provide proposals in accordance with the RFP. As of the November 16th deadline, the CRA did not receive any proposals for the project. Mr. Simon noted there are single-family homes being 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 constructed on infill lots on N. and S. Seacrest Boulevard. The subject site is a great piece of land, similar in value to Ocean Breeze. Mr. Simon wanted to meet with some of the single-family housing developers in the area on their vision for the lots and re- evaluate it in six or eight months. Chair Grant researched what a Federal Housing Authority does as the CRA was trying to build single-family homes there using federal money. He wanted to know if the CRA was able to create a housing authority for this and other properties in the CRA using federal and CRA funding as well. The CRA has a $10 million budget every year and he thought the few hundred thousand for Ocean Breeze East and MLK South may not be used this year. It may be up to the Board to decide to build in District II and he wanted the Board to consider asking private developers to build something the people want to live in. Ms. Romelus agreed and wanted additional information. Mr. Casello thought it was a great concept and thought the CRA should not acquire more property in that area until further direction is given. Vice Mayor McCray wanted to direct Legal staff to bring back criteria to the Board to proceed to be a housing authority if they want to go that route. He also commented in reference to Ocean Breeze, they can also put single-family homes on the property. Chair Grant thought the CRA, as an agency should see what they can do to help construct buildings. F. Boynton Woman's Club Window & Door Repair Restoration Project and CRA Grant Mr. Simon explained in 201412015, the Woman's Club sought a Historic Preservation Grant from the State for the Woman's Club that needed matching funds. The CRA approved a $50K grant to match the requirement. The Woman's Club was awarded the grant and got the work done under the historic guidelines. Pat Waldron, Woman's Club, explained she and another woman wrote the Special Category Grant two years ago and they appreciated the CRA's support. The grant is ongoing and the project will be finished in January. She gave a brief update and thanked the CRA for their support for recognizing the importance of the building and the City's history. She invited all to the building next year when renovations are complete. Mr. Casella asked how many members the Woman's Club had and learned about 75 members. He asked how the Woman's Club generated revenue to keep the building in good condition. Ms. Waldron explained the building is being managed by an outdoor vendor. The lease will expire in 2017 and then the Woman's Club will resume responsibility for the building again. Mr. Casello thought the CRA would be interested in purchasing the building and preserving it. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 13, 2016 Vice Chair McCray appreciated the newsletter. XIV. New Business: A. Discussion and Direction for the Potential Acquisition of 416 E. MLK, Jr. Blvd Tabled 1119116 for 90 days B. 2017 CRA Board Meeting Dates Ms. Romelus noted the Department of Transportation (DOT) was also making a presentation on January 10th. The Board did not have to move its meeting, but she wanted to announce the date. Motion Ms. Romelus moved to approve the CRA meeting dates as presented. Vice Chair McCray seconded the motion that unanimously passed. C. Consideration of Agreement for Services between the CRA and the Community Caring Center for Culinary Business Incubator Services — FY 2016-2017 At the August 17th CRA Budget meeting, the Board approved a request for $70,000 to generate start-up businesses and assist existing business become independent through workshops, training and providing a site to prepare food items on E. Boynton Beach Boulevard. This is a one-year agreement. This year, staff tightened the deliverables to be more measurable, and increased the budget from $50,000 to $70,000. The CRA was looking to see 10 new full-time equivalent jobs and have a quarterly report with an increased focus on marketing, a description of the individuals they are assisting, and providing information where residency is, where the businesses intend to locate, if known, and tie the assistance to job creation with an emphasis on Boynton Beach residents and/or existing businesses. The agreement was approved by the Community Caring Center and is ready for approval. Motion Vice Mayor McCray moved to approve. Mr. Caselio seconded the motion. Chair Grant attended a Secret Garden tasting event and advised the food was delicious. Mr. Simon also explained they participate in the Taste of Boynton each year. Bryan Fitzpatrick, 409 N 1st Street, explained the Community Caring Center does a great job providing services to the community, but thought the CRA should start thinking about the Center relocating from their current office location, which was a duplex. He 14 YNTO 9"BEACHtRA CRA BOARD MEETING OF: December 13, 2016 Consent Agenda I X I Old Business j I Now Business I ( Legal I I information only AGENDA ITEM: xlrl.F. SUBJECT: Discussion of Request for Proposals and Qualifications for the Cottage District Site. SUMMARY: The CRA owns approximately 4.08 acres within the NE 0 & 5' Avenue block. The remaining parcels are either owner -occupied or not willing to sell. The goal of the Cottage District project is to increase homeownership opportunities, increase taxable values and to reduce slum and blight within the Heart of Boynton community. To date the CRA has been responsible for the development of 34 new single-family homes in the Heart of Boynton helping to reduce crime and stabilize the neighborhood. The Heart of Boynton Community Redevelopment Plan Update's goals are to leverage publicly owned real estate asset to support the overall redevelopment of the Heart of Boynton community and surrounding area, to increase new home ownership opportunities for low and moderate income households, and to provide quality public enhancements that improve the economic, cultural and aesthetic quality of life for residents of the community. At their September 13, 2016 meeting, the CRA Board approved the Request for Proposals and Qualifications for the Cottage District Site which was issued on September 15, 2016 (see Attachment 1). As of the published RFPiRFQ deadline of November 16, 2016, at 3:00 p.m., the CRA did not receive any responses from interested developers. It is staffs opinion that this is a reflection of the current market conditions for the sale and purchase of new single family residences within the Cottage District site area as well as the overall new housing speculative market in the eastern corridor. In the event that responses are received for the Town Square Request for Developer Qualifications and the City Commission is able to select a development team th move forward with an actual Town Square project, then the areas around Town Square should become much more desirable for private sector investment. CRA staff will be reaching out to single family housing developers for input on future product possibilities for the site. FISCAL IMPACT: N/A CRAAB RECOMMENDATION: Recommend that the CRA Board hold onto the property and to consider releasing a future RFQIRFP once the results of the Town Square Project is firmly established CRA BOARD MOTION/OPTIONS: Provide staff direction Michael Simon, interim ecutive Director YNTO N C0""" A BEC .G, CRA BOARD MEETING OF: September '13, 2045 Consent Agenda I I Old Business I X C New Business R I Legal I I Information Only AGENDA ITEM: XIV. C. SUBJECT: Consideration of Issuance of Request for Proposals and Qualifications for the Cottage District Site SUMMARY: The CRA has been assembling land on the block located at N.E. Ole Avenues and Seacrest and N.E. 1"' Street since 2007. The purpose for this assemblage is to correct the platting that resulted in a large lot in the center that is inaccessible and other lots within the block are not of standard size. The CRA owns approximately 4.08 acres within the block. The remaining parcels are either owner - occupied or not willing to sell (See Attached Ownership Map). The goal of the Cottage District project is to increase homeownership opportunities, increase taxable values and to reduce slum and blight within the Heart of Boynton community. To date the CRA has been responsible for the development of 34 new single-family homes in the Heart of Boynton helping to reduce crime and stabilize the neighborhood. In order to bring the much needed neighborhood commercial services to the community the population needs to be increased. Since 1990, the population of the neighborhood has decreased In part due to the removal of public housing units at Boynton Terrace and Cherry Hill. Adding new for -sale and rental housing will help to create the demand necessary to attract a full-service grocery and other neighborhood services. The Heart of Boynton Community Redevelopment Plan Update's goals are to leverage this publicly owned real estate asset to support the overall redevelopment of the Heart of Boynton community and surrounding area, to increase home ownership opportunities for low and moderate income households, and to provide quality public enhancements that improve the economic, cultural and aesthetic quality of life for residents of the community. The attached RFP/RFQ assigns points for the following elements: 15 Points: Experience in completing comparable development projects within local markets similar to the project area. 15 Points: Ability to proceed immediately from a financial and organizational perspective. 30 Points: Project's adherence to the goals and objectives of the RFQ/RFP and referenced BBCRA planning documents, adherence to the °Site Plan Criteria", design, resident amenities and public benefits. 20 Points: Proposed purchase price, development and operating pro forma. 20 Points: Commitment to use local residents in the project. T:WGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Madng%CRA BoarcRFY 2015 - 201$ Board Mee$ngsLSepEember 20100ottage District RFP.d= BOA TO ACH I CRA The schedule for the RFPIRFQ is: Issue Date: Submittal Deadline: Proposal Evaluation Process: Presentation to CRA Advisory Board: Presentation to CRA Board: September 15, 2016 November 18, 2016, no later than 3:00 p.m. November 28 — December 2, 2016 December 8, 2014 at 6:00 p.m. at City Hall December 13, 2016 at 5:30 p.m. at City Hall Staff is asking the Board to appoint a five -member evaluation committee to review and rank the proposals submitted to the CRA. FISCAL IMPACT: To be determined. GRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan STAFF RECOMMENDATION: Appoint a five member evaluation committee and approve issuing the attached Request for Proposals and Qualifications. CRAAB RECOMMENDATION: Approve as presented. Vivian L. Brooks Executive Director TWENDAS, CONSENT AGENDAS, MONTHLY REPORTWompleted Agenda Item Request Forms by Mw lrg%CRA BoerdTY 2015 - 2016 Board Medngs\September 201 Wottege Dia Ct RFP.do= t f .. Ll pr 110 r y•f1F. #r�h"s r f'jF' Jam.. -FMP. l♦ BOYNTONICRA BEACH, The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications Cottage District Project Site Location: Between N.E. 4t' Avenue and N.E. St' Avenue and Seacrest Blvd. and N.E. 24 Street Boynton Beach, Florida Issue Date: September 15, 2016 Submittal Date; November 16, 2016, no later than 3:00 p.m. 00M12-1 Page 1 of 16 The Boynton Beach Community Redevelopment Agency (BBCRA or CRA) is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment project site listed below and will accept sealed proposals at its office located at 710 N. Federal Highway, Boynton Beach, FL 33435 ON OR BEFORE November 16, 2016, no Iater than 3:00 p.m. Eastern Standard Time. All Developer proposals not received prior to the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the BBCRA's Reception Area is the time of record. RFP/RFQ documents and related attachments must be obtained from - the BBCRA office or website at www.catchbomn.com, The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications Heart of Boynton Cottage District Issue Date: September 16, 2016 Submittal Deadline: November 16, 2016 no later than 3:00 p.m. (BBCRA) issuing a RFP/RFQ for the redevelopment of a BBCRA-owned property identified and referred to as the Heart of Boynton Cottage District Project Site. The BBCRA owns approximately 4.24 acres of vacant property within the Heart of Boynton Cottage District Project Site located between N.E. 4th and N.E. 51h Avenue and Seacrest and N.E. 16t Street, Boynton Beach, Florida The Heart of Boynton Cottage District Project Site lies within the BBCRA District boundaries and is identified in the Heart of Boynton Community Redevelopment Plan Update as a priority residential or mixed use redevelopment site. The proposed redevelopment of this site shall be consistent with the project recommendations made within the Heart of Boynton Community Redevelopment Plan Update, The Heart of Boynton Community Redevelopment Plan Update's goals are to Ieverage this publicly owned real estate asset to support the overall redevelopment of the Heart of Boynton Community and surrounding area, to increase home ownership opportunities for low and moderate income households, and to provide quality public enhancements that improve the economic, cultural and aesthetic quality of life for residents of the community. The City of Boynton Beach, (City) with a population of 73,000, is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach. This puts it in the heart of southeast Florida's rapidly growing tri -county Miami-Dade/Broward/Palm Beach Metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 and the Florida Turnpike. It also has a market of more than 6 million people within a two-hour radius and WMN12.1 Page 2 of 16 ready access to three international airports, two major rail lines, as well as the Tri -Rail regional commuter rail system. The Heart of Boynton community is bounded to the west by 1-95, Federal Highway to the east, the Boynton Beach Canal (C-16) to the north and Boynton Beach Boulevard to the south. Seacrest Boulevard runs north -south through the center of the community. The City's public beach is within one mile of the community. Also, within close proximity to the community are the City's public library, the Children's Schoolhouse Museum, the Civic Center, the Art Center and City Hall. Over the past ten years there has been approximately $28,000,000 of public investment into the Heart of Boynton community in property acquisition, construction of new homes and rehabilitation of eidsting homes. Some of the projects are: 4 The City completed the redevelopment of the Carolyn Sims Park for a total of $10,000,000. The park is located at NW 12tb Avenue and is the center of neighborhood activities. The City's public pool is located at this park. The City has also invested $1.5M of Federal stimulus dollars into the Seacrest Avenue corridor from Boynton Beach Boulevard north to the C-16 canal to create an attractive streetscape with new lighting, landscaped medians and public art. s The CRA, in partnership with non-profit housing development corporations, redeveloped a 4.5 acre site at Seacrest and 6m Avenue with 21 single-family far -sale homes. • The City and CRA are currently partnering on developing a block of new single-family homes at NW 10th Avenue and Seacrest called the Model Block project. A total of 15 new homes are scheduled to be built. The project includes upgraded streetscapes and utilities. • In 2015, the CRA partnered with Boos Development Group to create the first new retail development in the neighborhood in over 45 years. The Family Dollar opened in 2016 at the SE corner of Seacrest Blvd. and Martin Luther King, Jr. Blvd., giving residents the opportunity to shop for brand name products at a reasonable price. • The CRA has been assembling land to enlarge and improve Sara Sims Park at the SW corner of Martin Luther King, Jr. Blvd. and Seacrest. A master plan has been developed and several blighted structures have been removed. • Recently the CRA awarded through a Request for Proposal process two CRA owned sites: one 4.5 acre site known as Ocean Breeze East which, if funded, will be a 100 unit multi -family development and another known as Martin Luther King, Jr. Corridor which, if funded, will be a 75 unit elderly rental development 00M812-1 page 3 of 16 The CRA is offering for sale an approximately 4.24 acre vacant area (See Attachment "A" Location Map and Attachment "B" Survey - available in CAD format upon request), located along the east side of N. Seacrest Boulevard. It is further expected that the development proposals will be consistent with the Heart of Boynton Community Redevelopment Plan Update which encourages the creative development of this site utilizing a cottage district development concept. A cottage housing development is an alternative type of detached housing providing smaller residences to encourage the preservation of green space, affordability and energy efficiency. Cottage housing can be part of a city's overall housing strategy to encourage affordability, Innovation and variety in housing design and site development while ensuring compatibility with existing neighborhoods, and to promote a variety of housing choices to meet the needs of a population diverse in age, income, household composition and individual needs. Land Use and Zoneng The current land use on the site is Medium Density Residential with 10 dwelling units per acre. The zoning is R2 Duplex. The Heart Community Redevelopment Plan Update recommends changing the land use to Special High Density Residential with 20 dwelling units per acre. To the best of its ability, the CRA will be cooperative partners in pursuing land use, zoning and any permits or approvals that may be required to expedite the selected development plan. Site Plan Requirements All development proposals must include the following: 1) Decorative streetlights matching those installed along Seacrest Blvd. shall be installed along the entire perimeter of the project and throughout the project. 2) Minimum 6 -foot wide sidewalks along the entire perimeter of the project. 3) Pedestrian Connectivity. All buildings and common spaces shall be served by a pedestrian circulation system that connects to an existing or planned sidewalk or trail system. 4) Street trees that exceed the requirement of the City's Land Development Regulations to be installed along the entire perimeter of the project. 5) Creation of on -street parking spaces on perimeter of project. 6) Landscaped open space that is commonly owned by all members of the cottage housing development in one contiguous area. The open space shall be adequately sized and centrally located with individual cottage entrances oriented towards the open space. 0o'102812 -I Page 4 of 16 Architectural and Design ConsideratiQnsDesign The project should include quality architectural design and site development standards that enhance the area and adjacent neighborhoods. 1) Proposers and Respondents (Proposers) rely on the Heart of Boynton Community Redevelopment Plan Update and the original Heart of Boynton Redevelopment Plan's Urban Design Concepts Section for design guidance. Proposals will be evaluated on their adherence and incorporation of architectural and design elements presented in the Redevelopment Plans listed above. 2) Projects must include energy efficient elements. 3) Architectural designs should rely on local examples as noted in Attachment "C" and include the following elements: a. Front porch b. Variations in roof shapes or gables between adjacent structures c. Roof brackets d. Chimneys 4) Height of cottages shall not exceed twenty-five feet. 5) Building design shall provide variety and visual interest in order to provide compatibility with the character of the surrounding neighborhood. These standards are intended to avoid the repetitive use of the same building design, structural features, detailing or finishes within the cottage housing development. Therefore, building designs should include: a. Variations in building material finishes such as clapboard, shake shingles, stone, brick, etc., and building color, b. Variations in adjacent cottage housing unit floor plans that alter the location of exterior windows and doors; c. Variations in the size of main floor area and/or building height of adjacent structures; or d. A front porch with a minimum width no less than 50% of the front building facade. Front porches shall have a minimum depth of 6 feet. No structurally identical front porches shall be located on adjacent cottage housing units. Commitment to the Project The purpose of this project is to encourage private sector redevelopment, homeownership opportunity and taxable values within the Heart of Boynton. The Community Redevelopment Plan enables the CRA to generate tax increment revenue that can be used for a variety of activities associated with the redevelopment of the Heart of Boynton community. The BBC RA is committed to meeting the goals and objectives of Heart of Boynton Plan with both policy and funding. OMM 121 Page 5 of 16 Documents Available For Rodew To better understand the BBCRA's objectives, as well as the opportunities and constraints for redeveloping the site, the following planning documents are available in electronic format and may be retrieved from the BBCRA's website at: • Heart of Boynton Community Redevelopment Plan Update • Heart of Boynton Community Redevelopment PIan Developer qualifications and proposals must be received by the Boynton Beach Community Redevelopment Agency at 710 N. Federal Highway, Boynton Beach, .Florida 33435, no later than 3:00 p.m. (E.S.T.) on November 16, 2016. Faxed or emailed proposals will not be permitted. All proposals will be date and time stamped by the CRA. The failure to strictly meet this deadline or any application missing any element of the submission criteria will result in the submittal being rejected and returned. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the CRA office by the CRWs receptionist or other delegated representative for the receipt of the submittals. N user of Copies In total, one (1) original Proposal document should be submitted in a three ring binder with a title page listing the name of the RFP/RFQ and the submitting Proposer and two (2) unbound but clipped copies of the Proposal or Qualifications (Proposal). In addition, one (1) digital copy of the complete Proposal in PDF format on CD/DVD or thumb drive must be submitted. Facsmile or emailed copies of the Proposal will not be accepted. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows. Request for Developer Qualifications and Proposals Ocean Breeze East Project Site Issue Date: September 15, 2016 Submittal Deadline: November 16, 2016, no later than 3:00 p.m. Name: Street Address: Mailing Address (if different): City, State, Zip: Telephone No. : Fax No: Email Address of Contact Person: QM=12-1 Page 6 of 16 Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. Age of Organization - In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publically held company, list Chairman of the Board, CEO, and President: Federal Identification No.: State of Incorporation & Registration No., If not a corporation, explain your status: All of the following documents must be submitted or the Proposal will not be considered sufficient for consideration and will be rejected: 1. A written general statement of the qualifications of the Proposer, including examples of experience with similar projects, as well as background information on the principals. A copy of the most recent Federal Form 254 should be provided, if available. If the selected developer is a public corporation, it may also be asked to provide copies of its annual report or SEC filings as appropriate. 2. A certificate of good standing from the Secretary of State in which the corporation does business. 3. A list of team members and their professional qualifications along with a list of similar projects on which they have actively participated. Provide no less than four and no more than ten projects for this item. 4. A written list of similar projects developed by the Proposer including photographs, addresses, date the project was completed and general project description. Provide no less than four and no more than ten projects for this item. S. A detailed description of the proposed project, with text and graphics. This should Include a schematic site layout plan, proposed density, parking locations, typical floor plans, elevations as well as the items listed in the "Site Plan Requirements' section of this RFP/RFQ document. The description should comply with the "Architectural and Design Considerations" section in this RFP/RFQ. 6. List of the number of units including number of bedrooms and bathrooms, and square footage for each unit type. 007=Ml Page 7 Of 16 7. Provide both a development and operating pro forma. The development pro forma shall include and clearly identify the cost of land acquisition from the BBCRA along with proposed funding assistance being requested of the BBCRA, if any. S. If the project is proposed to use project -based subsidies, Proposer must demonstrate extensive experience with obtaining such project -based subsidies for affordable housing by listing Proposer previous similar projects and the amount and type of subsidy utilized. 9. Commitment to execute a Community Benefits Agreement to utilize local residents, qualified contractors and sub -contractors in the development, construction, operation and management of the proposed project. A signed, written statement committing to the execution of a Community Benefits Agreement if selected. 10. A signed written statement to purchase the property indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected as the most qualified Developer. Any Purchase and Development Agreement ("Agreement") will contain performance- based criteria and milestone timelines for items such as securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. 11. Proof of financial capability to complete the proposed project. Financial information should be submitted in a separate, sealed envelope or package and marked `confidential.' Financial information will be accepted only from the Developer. 12. A letter attesting that the Developer has read and understands all procedures of this RFP/RFQ. 13. A promotional PowerPoint presentation of the Proposal, consisting of 10 to 15 slides. BRIM Submissian EValuation A tive-member evaluation committee shall be appointed by the CRA Board. The evaluation committee shall review each Proposal and make a determination as to whether each Proposal meets the minimum submission requirements as referenced throughout this RFP/RFQ document. CRA staff shall first determine which proposals are sufficient, then the evaluation committee will review the Proposals based upon the following criteria: 1S Points: Experience in completing comparable development projects within local markets similar to the project area. 1S Points: Ability to proceed immediately from a financial and organizational perspective. 30 Points: Project's adherence to the goals and objectives of the RFF/RFQ and referenced BBCRA planning documents, adherence to the "Site Plan Criteria," "Architectural and Design Considerations," design, resident amenities and public benefits. 20 Points: Proposed purchase price, development and operating pro forma. W702112-1 Page 8 of 16 20 Points: Commitment to use local residents in the project. 100 TOTAL POSSIBLE POINTS The three highest ranking proposers will present their PowerPoint slide presentation before the BBCRA Advisory Board at their regular meeting on December 8, 2016 at 6:00 p.m. The BBCRA Advisory Board acts as a recommendation body to the BBCRA Board. The three highest ranking proposers will also present their PowerPoint slide presentation before the Board of the BBCRA at their regularly scheduled meeting on December 13, 2016 at 6:30 p.m. Both of these meetings will be held in the City Commission Chambers at City Hall located at 100 E. Boynton Beach Boulevard. At the conclusion of the public presentations, a Proposer may be selected by the BBCRA Board, The BBCRA and the successful Proposer will then negotiate a Purchase and Development Agreement for the land. Should a Purchase and Development Agreement satisfactory to both parties not be able to be agreed upon within ninety (90) days of the selection of the successful Proposer, either party shall have the right to terminate the negotiations. Upon termination, the BBCRA shall have the right to resubmit the project for Requests for Proposal and Qualifications with no further obligation to the Proposer chosen at the December BBCRA Board meeting. It is expected that there will be no communication with parties other than those specifically noted herein and such communication will be exclusively for clarification regarding procedures and objectives. The BBCRA prohibits communication to or with any department, bureau or employee during the submission process. Communication with any parties for any purposes other than those expressly described herein may cause an individual or firm to be disqualified immediately from participating in the development solicitation. All questions or inquiries should be directed to Vivian Brooks, CRA Executive Director at brooksW@bbfl.us. It will be necessary for Proposers to comply fully with the general terms and conditions outlined in this document if they are to be considered. AnticWated &hedule and Sellugg=f Events The BBCRA has established a schedule for submitting Proposals and for completing selection of the preferred Proposer. Proposer shall assume full responsibility for the timely delivery of the proposals. Proposals received after the deadline stated will not be considered. The BBCRA however, reserves the right to amend milestone dates. Scbedule of Events Issue Date: Submittal Deadline: Proposal Evaluation Process: Presentation to CRA Advisory Board: Presentation to CRA Board: September 15, 2016 November 16, 2016, no later than 3:00 p.m. November 28 - December 2, 2016 December 8, 2014 at 6:00 p.m. at City Hall December 13, 2016 at 6:30 p.m. at City Hall 00701812.1 Page 9 of 16 All correspondence and requests for information regarding the Heart of Boynton community in general, this RFF/RFQ and this project in particular, should be directed to: Vivian Brooks, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 Phone: (561) 737-3256 Fax: (561) 737-3258 braWjMdObbfl.us Proposers are required to restrict all contact, questions and requests for clarifications regarding this AFP to the named individual(s) Iisted in the Contacts.paragraph of this RFP/RFQ. All such requests must be submitted in writing via email or fax and may be submitted at any time but no later than 5.00 pm, an September 14, 2016. Per Palm Beach County Code Section 2-355, after the deadline to respond to this RFP/RFQ, members of the BBCRA Board and Staff not listed in the Contacts paragraph of this RFP/RFQ are prohibited from communicating directly or indirectly with Proposers regarding the substance of the Proposals until such time as the BBCRA Board (1) awards or approves a contract, (2) rejects all Proposals, or (3) otherwise takes action which ends the solicitation process. Improper communication during this Cone of Silence period may result in a penalty as outlined in Palm Beach County Code Section 2-327. The selected Proposer, its successors and assigns, agree that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination. Should such discrimination occur, the BBCRA will provide notice to the Proposer of a breach of this condition and thereafter, Proposer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the BBCRA as conclusive proof of a breach of this provision. if Proposer does not demand arbitration within 15 days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the BBCRA shall have the right to terminate any DOM12-1 Page 10 of 16 such Agreement it has entered into with Proposer and pursue any and all other lawful remedies. To the extent allowed by law any and all decisions by the BBCRA Board to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the BBCRXs sole discretion and no protests whatsoever shall be considered by the BBCRA Board. Submittal of a Proposal in Response to this RFP/RFQ, on the part of any all proposers constitutes acceptance of this policy. The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract being negotiated to the satisfaction of both parties and the execution of said contract by both parties. The contract documents shall include, but not be limited to, terms and conditions of this RFP/RFQ the submitted proposal inclusive of qualifications and the negotiated services as agreed by both parties. Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state, and federal laws, rules and regulations applicable to the business to be carried on under the contract. The CRA is public agency subject to Chapter 119, Florida Statutes. The successful respondent shall comply with Florida's Public Records law. Specifically, the successful respondent shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the GRA would provide the records and at a cost that does not exceed that provided in chapter 114, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the respondent upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt All records stored electronically must be provided to the CRA in a OOM112-1 Page 11 of 16 format that is compatible with the information technology systems of the CRA. The failure of respondent to comply with the provisions set forth in this RIaP/RFQ shall constitute a Default and Breach of the Agreement. If the successful respondent fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement. A Person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, rids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact businesses with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. In accordance with Florida Statute 287.087, preference shall be given to Proposer(s) with drug free work programs. Whenever two (2) or more Proposals, which are equal with respect to price, quality and service, are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the Proposer shall complete and submit with its Proposal the attached certification, Attachment "D," Drug Free Workplace Certiflcation. "This establishes the end of the main document" 0=113-1 Page 12 of 16 ATTACHMENT " XF Location Map Yellow hne denotesthe boundaries of the proposed Cottage District Project area. Red he outiiaes the boundaries of the CRA owned properties within the projectarea. 007M12.1 Page 13 of 16 ATTACHMENT "B" Survey R =rte i� _ ►. 41"ea s+i.'' a...._...... . _. ,,.+ I..nJ� r - -r-- I 0MR12-1 Page 14 of 16 w rr�a.na aw�w�r' �R K' 1:S_*.ZR.'.LTSi�fp'R'�F:I.�#.`"7r'L"�"'S1Y•+••"' 1 � G •111• M!1 tf �fw � � .. .1 �y 0MR12-1 Page 14 of 16 w rr�a.na aw�w�r' �R K' 1:S_*.ZR.'.LTSi�fp'R'�F:I.�#.`"7r'L"�"'S1Y•+••"' ATTACHMENT "C" Local Historic Architectural Examples 12-1 Page 15 of 16 ATTACHMENT "D" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of T responding to this RFP/RFQ maintains a drug-free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFPIRFQ a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notity the employee that, as a condition of working in the commodities or contractual services covered under this RFPIRFQ, they will abide by time terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: Name & Title (typed OV=12-1 Page 16 of 16 Date DO 1 1 `1T�..Ji V BEACH CRA CRA BOARD MEETING OF: February 14, 2017 Consent Agenda I I Old Business I X I New Business I I Legal I I Information Only I I CRAAB AGENDA ITEM: XIV -A. SUBJECT: Consideration of the Acquisition and Rehabilitation of Foreclosure and Short Sale Single Family Properties for Resale to Affordable and Workforce Eligible Buyers SUMMARY: At the request of CRA Board Chair Grant, this item is being brought before the Board to discuss and consider introducing a new projecUprogram involving the acquisition and rehabilitation of existing homes either in foreclosure or being offered for purchase as a short sale property. The program would seek to purchase distressed properties throughout the CRA district and renovate them for resale to income eligible buyers. The CRA's real estate brokerage firm of Anderson & Carr, Inc. and/or CRA staff would locate these available properties and present an acquisition contract to the CRA Board for consideration. If approved, the property would move to closing after which CRA staff or a third party would identify necessary renovation items, issue an invitation to bid in order to solicit proposals from licensed general contractors to perform the renovation project. Once the project is complete, the house would be sold to an income eligible affordable or workforce household buyer. FISCAL IMPACT: To be determined CRA PLANIPROJECTIPROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: NIA CRA BOARD MOTION/OPTIONS: Provide staff direction Michael Simon, Interim Executive Director BOYNTONl ry O'BEACHCRA CRA BOARD MEETING OF: February 14, 2017 Consent Agenda J I Old Business IX I New Business I I Legal I I Information Only I J CRAAB AGENDA ITEM: XIV.B. SUBJECT: Discussion of a Residential Improvement Program SUMMARY: At the request of CRA Board Chair Grant, this item is being brought before the Board to discuss and consider reinstating the Residential Improvement Program (RIP). The CRA RIP program was originally a partnership between the City of Boynton Beach, the CRA and the Faith Based CDC. CRA funds were used in conjunction with the SHIP funds that were available to the City. The City ran the program, the CDC marketed the program and reviewed the homeowners' applications for eligibility. The CRA also marketed the program, provided program funding to the City and compensated the CDC for processing applicants. Attached is an email from Octavia Sherrod, City Community Improvement Division outlining the program and a copy of the Agreement with the CDC (see Attachment 1). In FY 2007-2008 the CRA continued to fund the RIP grant however, the CRA took on the responsibility of implementing all aspects of the program (see Attachment 11). The CRA hired an outside consultant to manage the rehabilitation construction projects once staff had published an Invitation to Bid, reviewed bid responses and awarded the bids to the lowest priced general contractor. Attachment III is a copy of a sample bid packet. Once each project was completed, CRA staff would provide the homeowner with a close out package and a one (1) year warranty from the general contractor on the work performed (see sample close out package as Attachment IV). The RIP program continued until the end of FY 2009-2010. Staff has provided a breakdown of the number of RIP grants from November 2007 through September 2010, dates the grants were approved by the CRA Board, name of RIP grant recipients, total cost of each recipients' project and the general contractor providing the service (see Attachment V). The breakdown shows that a total of $600,000 was budgeted between FY2007/08 and FY2009/10 and funds spent on the projects within that time frame totaled $562,793. FISCAL IMPACT: NIA CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: NIA CRA BOARD MOTION/OPTIONS: Provide staff direction A 2 , I � Michael Simon, Interim Executive Director ATTACHMENT TO: Pagel of 2 From: Sherrod, Uctavia Sent: Tuesday, September 26, 2006 3:46 PM To: Brooks, Vivian Cc: 'davidz@heartofboynton.net'; Geronep@heartofboynton.net; Belloise, Salvatore; Cornelius, Brenda; Mitchell, Christopher; Reamsnyder, Debbie Sub'ect: CRARehabPro TO: Vivian Brooks, CRA Planning Director FROM: Oawea S. SAnwd, Community Development Manager DATE: September 20, 2006 RE: Heart of Boynton Residential Improvement Grant Program The result of our meeting on September 13th regarding the Heart of Boynton Residential Improvement Grant Program and the impending collaboration between the CRA, the City of Boynton Beach, and the Boynton Beach Faith Based Community Development Corporation (CDC). I am indeed excited about the possibilities that will emanate as a result of this relationship. As discussed in our meeting, the City of Boynton Beach is required to expend a minimum of thirty percent (30%) of its SHIP dollars on very low and thirty percent (30%) low income persons. This requirement is usually met by utilizing our funds in the CRA area with housing rehabilitation. Therefore it is imperative that we coordinate our redevelopment efforts in order that we do not compromise our statutory requirements. The Community Improvement Division focuses on code related items as well as those that affect the health and safety of homeowners. The housing stock in the CRA area is substandard to the extent that by the time roofs have been replaced, electrical upgraded, plumbing repaired, and other structural related items addressed, we often are unable to do many other improvements such as the aesthetic, beautification or address overcrowding conditions. In addition to the leveraging of funds for the existing owner occupied dwellings program, it is also recommended that this program be used in conjunction with the SHIP program for the acquisition of existing property within the CRA as well to "fill the gap" for repairs that may need to be addressed at purchase. The following is a list of recommendations as the Community Improvement Division sees as to how this program will work effectively - The Role of the Faith Based CDC: ■ Marketing the program within the CRA area ■ Assist in identifying an area to rehabilitate as a "model block" * Customer Intake and Certification Forward eligible applications to the Community Improvement Division file:///T:/PROGRAMS%20&%20GR.ANTS/RIP%20-%20Residential%201mprovement%20... 2/7/2017 TO: Page 2 of 2 The Role of the Community Improvement Division: Perform inspections and prepare work write-ups (specifications) ■ Prepare specifications for bids (Work to be performed by approved licensed contractors) i Hold closings with contractors and homeowners Monitor work in progress ■ Authorize payment Leverage SHIP funds with CRA funds in an effort to achieve the full effects of total rehabilitation both on the interior and exterior The Role of the Community Redevelopment Agency: ■ Marketing the program ■ Provide funds for leveraging ■ Compensate the CDC for its role in the process The City's program is somewhat like the CRA's with the exception that our program requires a ten year mortgage which is forgiven monthly and is confined to owner occupied dwellings only. It is also a one time only program. Therefore, the fact that you allow individuals to reapply every five years and allow for rentals is very good. As stated earlier, we are very pleased about our new partnership, and look forward to being able to better serve the citizens of Boynton Beach. Please feel free to contact me to schedule another meeting to iron out any other details that I may have forgotten concerning this matter file:///T:/PROGRAMS%20&%20GRANTS/RIP%20-%20Residential%20Improvement%20... 2/7/2017 z w 0 O Z O - -� 0 z W z:g ,,e w p s Lu C�LL Oa W DC a N V L W cn O LL 'D w 4 Z 0 w z w 0 p O - O - O - O O ,,e V q p s a •o N m I- n 'D I, w Z 0 o 0 0 w Z N M't ii 'D N `1 w 0 •� 0 O } •sem �� >� Z ° a o > ^� o mmm NO^ o CO O IA_ W) �"� a U- V o o } �" w L. w o o g -CLL m° � 2 V H •� p O - O - O - O O ,,e 0000000000 0000000000 N m I- n 'D I, w m 0 r-+ N M't m 'D 1-. w m 0 Z W DL GC O Z H r O V c o� o CL c NO � •– N .– Q ., C- c V i W J m N W .. ce W "' LULU Q V T W O qq( Z cb HQQH Wtn 3 ac � LL - uO�OZWOQH 0 0 W W N 0 0 W tnoom0000 • 4" o Q L 00 I�, 0 L ~Q W W W 3� V 0 0 ��o= )LL Ln 0 � W ix Lu ui zO�o V +r -ted.>t Ln LO D H Z }o}CL � Z tb JX O Q 0 V)�- � co ; AGREEMENT FOR RESIDENTIAL IMPROVEMENT PROGRAM ADMINISTRATION This Agreement for Residential Improvement Program ("Agreement") is entered into this 9th day of January 2007, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes ("CRA"), with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435 And BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, a Florida Not -for -Profit Corporation ("Administrator"), with a business address of P.O. Box 337, Boynton Beach, Florida 33425. RECITALS WHEREAS, the CRA recognizes that the safety and welfare of the City of Boynton Beach ("City") depends on property owners making repairs and improvements to their residential property; and WHEREAS, the CRA recognizes that the expense involved with making necessary repairs and improvements to residential property can often be prohibitive; and WHEREAS, as a result, the CRA has implemented the Residential Improvement Grant Program to provide financial assistance to existing residential property owners in the Heart of Boynton Beach ("HOB") as set forth in the HOB Map associated with the Residential Improvement Grant Program Guidelines which is attached hereto as Exhibit "A"; and WHEREAS, at the January 9, 2007 meeting, the CRA Board of Directors approved contracting with the Administrator to administer the Residential Improvement Grant Program Guidelines. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section I. Recitals. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. Section 2 Effective Date. This Agreement shall be effective on the date the last party to sign executes this Agreement ("Effective Date"). Section 3 Scope. Administer agrees to oversee and administer the Residential Improvement Program implemented by the CRA by assisting the CRA with qualifying applicants for the Residential Improvement Grant Program per the general guidelines set forth below and more specifically described in Exhibit "A" (Program Guidelines) attached hereto: (a) Market the program to HOB residents through flyers, mailings, meetings, etc.; (b) Submit application packages and requests for funding; (c) Upon approval of applications, coordinate with the City's Community Improvement Department to create specifications for improvement and secure contractors to complete improvements ; (d) Monitor progress of improvements; (e) Ensure that work is complete per City building codes and per agreements with contractors; (f) Ensure that the City approves and signs off on permits as necessary; (g) Submit all backup material to CRA including permits, inspection approvals, bills from contractors/suppliers, etc. for reimbursement. Section 4 Administrator's Responsibilities. 1:. Upon execution of this Agreement, Administrator shall provide to CRA evidence that the Administrator's status as a qualified Community Housing Development Organization shall be in effect throughout the term of this Agreement. 2. Administrator shall conduct a minimum of four (4) residential improvement workshops throughout the term of this Agreement. Prior to each workshop, Administrator shall notify the CRA of the dates of the workshop and after each workshop, Administrator shall submit to CRA copies of the sign -in sheets from such workshops. Sign -in sheets shall include the name, address and phone number of each workshop participant. 3. Administrator shall be responsible for submitting a report (based on the format provided in Exhibit "B" attached hereto) to the CRA on a quarterly basis, calculated from the Effective Date of this Agreement. The report shall be due by the 15'' of the month that it is due. Section 5 Term. This Agreement shall be effective for one year from the Effective Date. Section 6 Compensation. A processing fee of 15 % of the value of the work completed shall be paid to the Administrator upon the completion of the work and receipt by the CRA of a release of lien by the contractor(s). W Section 7 Non -Discrimination. Administrator agrees that no person shall, on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation, be excluded from the benefits of, or be subjected to discrimination under any activity carried on by the Administrator, its sub -contractors, or agents, in the performance of this Agreement. Should such discrimination occur, the CRA will provide notice to the Administrator that it claims there has been a breach of this condition and thereafter, Administrator shall have fifteen (15) business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the rules of the American Arbitration Association will govern. The arbitration will be governed by the rules of the American Arbitration Association regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a fording by any agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If the Administrator does not demand arbitration within fifteen (15) business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination has occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non - prevailing party. Such non -prevailing party shall be determined by the arbitrator. Section S Convicted Vendor List. As provided in Sections 287.132 - 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, Administrator certifies that it, and its affiliates, contractors, sub- contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date of this Agreement. Section 9 Indemnification. The Administrator shall indemnify, defend, save, and hold harmless the CRA, their elected officers, agents, and employees, from any and all claims, damages, losses, liabilities, and expenses, direct, indirect or consequential arising out of, or alleged to have arisen out of, or in consequence of the services furnished by or operations of the Administrator or his subcontractors, agents, officers, employees or independent contractors pursuant to the Agreement, specifically including, but not limited to, those caused by or arising out of any intentional act, omission, negligence or default of the Administrator and/or his subcontractors, agents, servants or employees in the provision of services under this Agreement. Section 10 Notice. Whenever either party desires to give notice to the other party as required under this Agreement, it must be given by written notice sent by (i) hand delivery with a signed receipt; (ii) by a recognized national courier service; or (iii) by Certified United States Mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such unth'it shall have been changed by written notice in compliance with the 3 provisions of this Paragraph. For the present, the parties designate the following as the respective places for giving of notice, to wit: If to the CRA: Boynton Beach Community Redevelopment Agency Attn.: Lisa Bright, Executive Director 915 Federal Highway Boynton Beach, Florida 33435 With copy to: Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach, Florida 33401 If to Administrator: Boynton Beach Faith Based Community Development Corporation PO Box 337 Boynton Beach, FL 33425 Every notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. Section 11 General Provisions. A. Entire Agreement. The CRA and the Administrator agree that this Agreement sets forth the entire Agreement between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in the Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. B. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. C. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. D. Headings. The Pleadings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 4 E. Attorneys' Fees. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, attorneys, fees and costs, including those at an appellate level, shall be awarded to the prevailing party. F. Jurisdiction and Venue. By the execution of this Agreement,* the parties expressly consent to personal jurisdiction of Florida State Courts, and venue in Palm Beach County, Florida, for the limited purpose of litigating a dispute arising out of this Agreement. G. Governing Law. This Agreement shall be governed under the laws of the State of Florida. H. Modification. This Agreement may be modified only upon mutual written consent of all parties. I. Assignments. This Agreement may not be signed without written consent of the CRA.. J. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and Administrator (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 5 IN WITNESS WHEREOF, the parties hereto have entered this Agreement on the day and year first above written. BOYNTON BEACH coAoimw REDEVELOPMENT AGENCY By: (Witness) Print Name: Henderson Tillman Its: Chairperson Date: I �- 10 � C 1 -BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION" By: Print Name: (Witness) Its: Date: I:%Client DocumeotABoynton Beach CRAL2419-00plAgreementslAgmement to Administer the Residential Improvement Ptogram.doc 6 j -j r r 19YA'P IL C RA 41 l=ast Side—West Side�Seaside Renaissance 2006/2007 HEART OF BOYNTON RESIDENTIAL IMPROVEMENT GRANT PROGRAM GUIDELINES The following guidelines are intended to define the extent and scope of the program. The purpose of the program is to assist property owners with the improvement of their existing residential property. The goals of the program are to stabilize the community, allow residents to remain in their properties, bring properties up to current building code, improve and upgrade the appearance of the area, and facilitate and encourage redevelopment activity in the Heart of Boynton community. The fallowing guidelines are applicable to this program: 1. The program is available only for property located within the Heart of Boynton neighborhood. See attached HOB Neighborhood Map. 2. The program is for existing residential properties. Rental or income properties are eligible if there are no outstanding City or County code enforcement or other liens on the property. Applicant must supply proof of ownership by providing a copy of the recorded warranty deed. 3. The maximum grant amount is $20,000 per residence. Owners of properties that are not owner occupied must provide a dollar for dollar match. Proof of match must be submitted to be eligible for reimbursement. 4. Owners of rental properties must sign an agreement that rental rents on improved units will not increase more than v% for the two year period following completion of the improvements. 5. Eligible improvements for this program include: Facade reconstruction and/or architectural Improvements; • Painting, interior and exterior; • Hurricane shutters; • Awnings/canopies; Doors (interior and exterior) and windows (repair and/or replacement); • Landscaping; Irrigation; • Driveway re -paving and/or re -sealing; • Exterior lighting; • Exterior wall repairs (e.g.'stucco, brick or wood repairs and replacement); Boynton Beach Community Redevelopment Agency NOB Residential improvement Grant Application Revised 08/20/06 • Roof repair or replacement; • Electrical system upgrade, including security alarm systems; • Plumbing system upgrade, including bathroom fixture$; Repair or replacement of air conditioning system; a Drywall repair or replacement; • Alterations to make the home handicap accessible; • Repair or replacement of kitchen cabinets, sink, appliances, etc. • Removal of debris; • Correction of code violations. • Permit fees. 6. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach and/or Palm Beach County. 7. Applicants shall not have an income greater than 120% of Palm Beach County median household income relative to family size. Applicant shall submit income tax returns, W -2's, etc. to verify income. 8. Applicants must apply for the program through the Boynton Beach Faith Based Community Development Corp. (CDC). If the grant application is approved, administration of the grant shall be through the Boynton Beach Faith Based Community Development Corp. 9. No work to be covered by CRA grant funds may begin prior to the approval of the grant application by the CRA Board and execution of grant agreement. 10. The Residential Improvement Grant program may only be used one time in a five year period for any one property. Property owners may re -apply for additional grants any time after five years from date of previous grant approval. 11. APPLICATION TO THIS PROGRAM 1S NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. APPLICATION PROCESS FOR RESIDENTIAL FACADE IMPROVEMENT GRANT PROGRAM 1. An applicant seeking a grant may secure an application from the Boynton Beach Faith Based Community Development Corporation, located at: 2191 N. Seacrest Blvd. Boynton Beach, FL 33435 561-752-0303 Office hours Monday — Friday 8:00 AM to 5:00 PM. 2. Applicant shall obtain, read, and understand all aspects of the Residential Improvement Grant Program and execute the Grant Agreement. Boynton Beach Community Redevelopment Agency HOB Residential Improvement Grant Application Revised 08/20/06 3. One original application unbound and eight (8) copies of all materials are to be returned by the 15th of the month prior to the CRA Board meeting to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications must be submitted and properly time stamped to document receipt by the CRA. 4. Upon approval, appropriate grant program documents will be prepared in the CRA office and the applicant will be notified of approval by the CDC. 5. In most cases, CRA funds will be paid directly to the contractor providing the improvements upon completion of work. Verification of completion of work.shall be provided along with a request for payment to the CRA. The CRA shall have 30 days to reimburse grant funds. B. Applicant shall not have an outstanding City of Boynton Beach or any other lien against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the lien is satisfied. However. CRA funds may be used to correct code violations on owner occupied properties solely at the discretion of the CRA. Boynton Beach Community Redevelopment Agency 140E Residential Improvement Grant Application Revised 08120108 HEART OF BOYNTON RESIDENTIAL IMPROVEMENT GRANT PROGRAM APPLICATION Date: Applicant Information Name/s of Applicants: Address of Applicant: Phone Number: Cell Phone Number: E-mail.- Total -mail: Total Household Income (must be verified with income tax returns) $ How many members in your household? Please list their names, ages and relationship to applicant: Name: ` Age: Relationship: Name: Age: Relationship: Name: Age: Relationship: Name: Age: Relationship: Name: ^ Age: Relationship: Property Information Property Control Number: Is the Property Homesteaded? Yes No Do the applicants reside in the property to be improved? Yes If yes, how long have you lived in the home? Is the property a rental? Yes No Boynton Beach Community Redevelopment Agency HOB Residential Improvement Grant Application Revised OSQOI06 No If yes, is it currently occupied? Yes No How many rental units are on the property? Are there code violations on the property? Yes No What improvements are you proposing to make to the residence? Please list all. I/We have read the program guidelines and hereby submit this application to the HOB Residential Improvement Grant Program. IA Ale agree to abide by the program rules and Agreement. Applicant: Print Name. Date: Applicant: Print Name: Date: Boynton Beach Community Redevelopment Agency HOB Residential Improvement Grant Application Revised 08/20/06 Documentation Needed to Process Application: 1. Copy of recorded warranty deed. 2. Copy of proof of homestead exemption (tax bill). 3. Copy of homeowners insurance declaration pages (wind, liability, etc.). 4. Copy of the last 2 years tax returns for all adults living in the residence. If rental, a copy of the last 2 years tax returns of owner. 5. Copy of code violation notices, if applicable. 6. Copy of estimates from licensed contractors for improvements. 7. Photos of residence and areas of the home to be improved, i.e.; roof, kitchen, bath, etc. 8. Letter from the Boynton Beach Faith Based Community Development Corp. requesting a grant on behalf of the applicant along with all required documentation. 9. Copies of leases if property is a rental. Boynton Beach Community Redevelopment Agency HOB Residential improvement Grant Application Revised 08120106 Heart of Boynton Map ; Boynton Beach Community Redevelopment Agency HOB Residential Improvement Grant Application Revised 08!20106 EKk-v6 ,4-' u 6 11 Heart of Boynton Residential Improvement Grant Program Quarterly Report Date: Completed By: Activities Conducted This Period I Marketing: 2 Information Provided to Potential Clients (Name and Address).- 3 ddress): 3 Processing of Applicants: 4 Submission of Applications to CRA: 6 Improvement Specifications Completed by Applicant Name: 6 Contractors Secured by Applicant Name: 7 improvements Completed This Quarter By Applicant Name: S Other Activities: E m ji r 10 0 d w k w c m CD LD a a R v a Q. 4- 0 O W O N O z 0 C O t IL w a 0 z m C O IL d d r d R z ATTACHMENT II NIP �C -7 1 A Fist Side—West Side—Seaside Renaissance 2007/2008 BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA RESIDENTIAL IMPROVEMENT GRANT PROGRAM GUIDELINES The following guidelines are intended to define the extent and scope of the program. The purpose of the program is to assist property owners with the improvement of their existing residential property. The goals of the program are to stabilize the community, allow residents to remain in their properties, bring properties up to current building code, improve and upgrade the appearance of the area, and facilitate and encourage redevelopment activity in the Community Redevelopment Area. The following guidelines are applicable to this program: The program is available only for property located within the Community Redevelopment Area. See attached Map. 2. The program is for existing residential properties. Rental or income properties are eligible if there is no outstanding City or County code enforcement or other liens on the property. Applicant must supply proof of ownership by providing a copy of the recorded warranty deed. 3. The maximum grant amount is $20,000 per residence. Owners of properties that are not owner occupied must provide a dollar for dollar match. Proof of the ability to match CRA funds must be submitted with the application package to be eligible for reimbursement. 4. Owners of rental properties must sign an agreement that rental rates on improved units will not increase more than 5% for the two year period following completion of the improvements. The CRA shall provide existing tenants with notlfication of the rental rate cap once it is in effect. 5. Eligible improvements for this program include: Facade reconstruction and/or architectural Improvements Painting, interior and exterior • Hurricane shutters • Awningstcanopies • Doors (interior and exterior) and windows (repair and/or replacement) • Landscaping Boynton Beach Community Redevelopment Agency Residential Improvement Grant Application Revised 10/20/07 • Irrigation • Driveway re -paving and/or re -sealing • Exterior lighting • Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement) • Roof repair or replacement Electrical system upgrade, including security alarm systems 4 Plumbing system upgrade, including bathroom fixtures t Repair or replacement of air conditioning system • Drywall repair or replacement • Alterations to make the home handicap accessible • Repair or replacement of kitchen cabinets, sink, appliances, etc. • Removal of debris • Correction of code violations • Permit fees 6. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach and/or Palm Beach County, 7. Applicants shall not have an income greater than 120% of Palm Beach County median household income relative to family size. Applicant shall submit income tax returns, W -2's, etc. to verify income. Any person residing in the home over the age of eighteen who does not have income, shall complete a no -income affidavit. The affidavit shall be submitted with the application. 8. No work to be covered by CRA grant funds may begin prior to the approval of the grant application by the CRA Board and execution of grant agreement. 9. The Residential Improvement Grant program may only be used one time in a five year period for any one property. Property owners may re -apply for additional grants any time after five years from date of previous grant approval. 10. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. APPLICATION PROCESS FOR RESIDENTIAL FACADE IMPROVEMENT GRANT PROGRAM 1 • An applicant seeking a grant may secure an application from the Boynton Beach Community Redevelopment Agency, located at: 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 Office hours Monday — Friday 8:30 AM to 5:00 PM. Boynton Beach Community Redevelopment Agency Residential Improvement Grant Application Revised 10120107 2. Applicant shall obtain, read, and understand all aspects of the Residential Improvement Grant Program and execute the Grant Agreement. 3. One original application unbound and eight (8) copies of all materials are to be returned by the 15th of the month prior to the CRA Board meeting to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications must be submitted and properly time stamped to document receipt by the CRA. 4. Upon approval, appropriate grant program documents will be prepared in the CRA office and the applicant will be notified of approval. 5. CRA funds will be paid directly to the contractor/contractors providing the improvements upon completion of work. Verification of completion of worst shall be provided along with a request for payment to the CRA. The CRA shall have 30 days to reimburse grant funds to contractors. 6. Applicant shall not have an outstanding City of Boynton Beach or any other lien against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the lien is satisfied. However, CRA funds may be used to correct code violations on owner occupied properties solely at the discretion of the CRA. 7. All applicants shall submit a completed net worth statement which shall include a list all real estate owned. Boynton Beach Community Redevelopment Agency Residential Improvement Grant Application Revised 10120/07 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM APPLICATION Date: Applicant Information Name/s of Applicants: Address of Applicants: Address of Property (if rental): Phone Number: Cell Phone Number: E-mail: Total Household Income (must be verified with income tax returns) $ How many members in your household? Please list their names, ages and relationship to applicant: Name: Age: Relationship: Name: Age: Relationship: Name: Age: Relationship: Name: _ Age: Relationship: Name: Age: Relationship: Property Information Property Control Number: Is the Property Homesteaded? Yes No Do the applicants reside in the property to be improved? Yes If yes, how long have you lived in the home? Boynton Beach Community Redevelopment Agency Residential improvement Grant Application Revised 70/20/07 No Is the property a rental? Yes No If yes, is it currently occupied? Yes No How many rental units are on the property? Are there code violations on the property? Yes No What improvements are you requesting to make to the residence? Please list all. CERTIFICATION AND WAIVER OF PRIVACY. The applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Residential Improvement Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency Housing Assistance Program, its agents and contractors to examine any confidential information given herein. further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. Applicant: Applicant: Signature Signature Print Name: Date: Print Name: Date: Boynton Beach Community Redevelopment Agency Residendal Improvement Grant Application Revised 10120/07 Documentation Needed to Process Application: Copy of recorded warranty deed. 2. Copy of current year tax bill. 3. Copy of homeowners insurance declaration pages (wind, liability, etc.), if applicable. 4. Completed Insurance Benefit Disclaimer. 4. Proof of income eligibility, such as copy of the last 2 years tax returns, social security earning statement, pay stubs, bank statements for all adults living in the residence. Any person over 18 years of age who is not income earning shall execute a no - income statement. If property is a rental, a copy of the last 2 years tax returns of owner. 5. Copy of code violation notices, if applicable. 6. Photos of residence and areas of the home to be improved, i.e.; roof, kitchen, bath, etc. 7. Copies of leases if property is a rental. 8. Proof of financial ability to complete project (rental only). Bank statements, line of credit, etc are acceptable forms of proof. 9. Applicantls shall submit a net worth statement for all owners and a list of all properties owned by all applicants. Boynton Beach Community Redevelopment Agency Residential Improvement Grant Application Revised 9 ol2o/Q7 Boynton Beach CRA PALM BEACH COUNTY INCOME GUIDELINES 2007 MEDIAN = $61,200.00 AS RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION MARCH, 2007. 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons Very Low - Income $22,550 $25,750 $29,000 $32,200 $34,800 $37.350 $39,950 $42,500 507. Median Low-income 80% Median $36,050 $41,200 $46,350 $51,500 $55,600 $59,750 $63,850 $68,000 Moderate Income $54,120 $61,800 $69,600 $77,280 I $83,520 $89,640 $95,880 f $102,000 120% Median AS RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION MARCH, 2007. I �,,'TCRA East Side—Westside-Seaside Renaissance 2008/2009 BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA RESIDENTIAL IMPROVEMENT GRANT PROGRAM GUIDELINES The following guidelines are intended to define the extent and scope of the program. The purpose of the program is to assist property owners with the improvement of their existing residential property. The goals of the program are to stabilize the community, allow residents to remain in their properties, bring properties up to current building code, improve and upgrade the appearance of the area, and facilitate and encourage redevelopment activity in the Community Redevelopment Area. The following guidelines and requirements are applicable to this program: 1. The program is available only for property located within the Community Redevelopment Area. See attached Map. 2. The program is for existing single family detached residential properties. Rental or income properties are eligible If there is no outstanding City or County code enforcement or other liens on the property. Applicant must supply proof of ownership by providing a copy of the recorded warranty deed. 3. The maximum grant amount is $20,000 per residence. Owners of properties that are not owner occupied must provide a dollar for dollar match to the amount of CRA funds provided. Proof of the ability to match CRA funds must be submitted with the application package to be eligible for reimbursement. 4. Owners of rental properties must sign, as part of the application process, an agreement that the Owner covenants not to increase rents on improved units more than 5% for the two year period following completion of the improvements and that breach of the covenant shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. 5. Eligible improvements for this program include: • Roof repair or replacement • Exterior Painting; color to be selected and sample signed off by the homeowner • Hurricane shutters + Exterior Doors; Door materials to selected from CRA approved list + Landscaping & Irrigation; limited the front yard only and a $2,500.00 maximum for both elements. Plant materials to be selected from CRA approved plant list only. 6. All improvements are subject to CRA staff approval. CRA staff may recommend improvements not being requested by the applicant in order to meet City of Boynton Boynton Beach Community Redevelopment Agency Residential Improvement Grant Application Revised October 2008 Beach building code or to improve the home's appearance on the street. 7. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach and/or Palm Beach County. S. Applicants shall not have an income greater than 120% of Palm Beach County median household income relative to family size. Applicant shall submit income tax returns, W - 2's, etc. to verify Income. Any person residing in the home over the age of eighteen who do not have income, shall complete a no-Inoome affidavit. The affidavit shall be submitted with the application. A personal net worth/asset form will also be required to be submitted. Applications shall be rejected if the stated amount of cash exceeds 1.5 times the amount of the program's $20,000 grant limit. 9. All applicants shall submit a completed Insurance Disclaimer Form stating that they have not received any insurance funds to perform work being requested on the grant application. 11. No work to be covered by CRA grant funds may begin prior to the approval of the grant application by the CRA Board and execution of grant agreement. 12. Only applications that are complete including any and all required documentation will be considered for funding. Applicants who fail to provide documentation within four weeks of It being requested by the Agency will have their application rejected and must re- apply. 13. Any and all funding not expended under the awarded grant will be released back into the program. 14. The Residential Improvement Grant program may only be used one time in a five year period for any one property. Property owners may re -apply for additional grants any time after five years from date of previous grant approval. 15. All applicants awarded grant funding and receive Improvements under the program agree to have their home as well as themselves photographed for use by the CRA in various publications including press releases for public media 16. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. I hereby affirm that I have read, understand and accept the above guidelines as set forth under the Boynton Beach Community Redevelopment Agency's Residential Improvement Grant program. Applicant Signature: Date: Applicant Signature: Date: Boynton Beach Community Redevelopment Agency Residential Improvement Grant Application Revised October 2008 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM APPLICATION Date: Applicant Information Namels of Appiicantls: Address of Applicantls: Address of Property (if rental): Phone Number: Cell Phone Number: E-mail: Total Household Income (must be verified with income tax returns) $ How many members in your household? Please list their names, ages and relationship to applicant: Name: Age: Relationship: Name: Age: Relationship: Name: Age: Relationship: Name: Age: Relationship: Name: Age: Relationship: Property Information Property Control Number: Is the Property Homesteaded? Yes No Do the applicants reside in the property to be improved? Yes If yes, how long have you lived in the home? ____ Boynton Beach community Redevelopment Agency Residential Improvement Grant Application Revised October 2008 No Is the property a rental? Yes No If yes, is it currently occupied? Yes No How many rental units are on the property? Are there code violations on the property? Yes. No What improvements are you requesting to make to the residence? Please list all. CERTIFICATION AND WAIVER OF PRIVACY: The applicant(s) certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Residential Improvement Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency Housing Assistance Program, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. COVENANT AND AGREEMENT TO REPAY GRANT (Rental Properties Only) Owner covenants and agrees that will not to increase rents on Improved units more than 5% for the two year period following completion of the Improvements and that breach of this covenant and agreement shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. Applicant: Applicant: Signature Print Name: Date: Signature Print Name: Date: Boynton Beach Community Redevelopment Agency Residential Improvement Grant Application Revised October 2008 APPLICATION PROCESS FOR RESIDENTIAL IMPROVEMENT GRANT PROGRAM 1. An applicant seeking a grant may secure an application from the Boynton Beach Community Redevelopment Agency, located at: 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3255 Office hours Monday — Friday 830 AM to 5:30 PM. 2. Applicant shall obtain, read, and understand all aspects of the Residential Improvement Grant Program and execute the Grant Agreement, 3. One original application unbound copies of all materials are to be returned by the le of the month prior to the CRA Board meeting to the Boynton Beach Community Redevelopment Agency for review and approval by the CRA Board. Applications must be submitted and properly time stamped to document receipt by the CRA. 4. Upon approval, appropriate grant program documents will be prepared in the CRA office and the applicant will be notified of approval. 5. CRA funds will be paid directly to the contractor/contractors providing the improvements upon completion of work. Verification of completion of work shall be conducted by CRA staff. 6. Applicant shall not have an outstanding City of Boynton Beach or any other lien against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the lien is satisfied. However, CRA funds may be used to correct code violations on owner occupied properties solely at the discretion of the CRA. 7. All applicants shall submit a completed Personal Net Worth statement which shall include a list all real estate owned. 8. All applicants shall submit a completed Insurance Disclaimer Form stating that they have not received any insurance funds to perform work being requested on the grant application. 9. All applicants awarded grant funding and receive improvements under the program agree to have their home as well as themselves photographed for use by the CRA in various publications including press releases for public media. Boynton Beach Community Redevelopment Agency Residential improvement Grant Application Revised October 2008 Required Documentation Needed to Process Application: 1. Signed and completed Residential Improvement Grant program Application 2. Copy of recorded warranty deed. 3. Copy of proof of current year tax bili. 4. Copy of homeowners insurance declaration pages (wind, liability, etc.) if applicable. 5. Completed Insurance Benefit Disclaimer. 6. Proof of Income eligibility: copy of the most recent year's tax return, social security earning statement (if applicable), one month's pay stubs, for all persons over the age of eighteen (18) adults living in the residence. Any person over 18 years of age who is not income earning shall execute a no- Income statement. If property is a rental, a copy of the last 2 years tax returns of owner. 7. Copy of code violation notices, if applicable. 8. Photos of residence and areas of the home to be improved, i.e.; roof, kitchen, bath, etc. 9. Copies of leases if property is a rental. 10. Proof of financial ability to complete project (rental only). Bank statements, line of credit, etc are acceptable forms of proof. 11. Applicantls shall submit a net worth statement for all owners and a list of all properties owned by all applicants. Boynton Beach Community Redevelopment Agency Residential Improvement Grant Application Revised October 2008 Boynton Beach CRA I ---------- ResIdentlal Improvement Grant Application Revised October 2008 PALMI BEACH COUNTY INCOME GUIDELINES 2009 MEDIAN = $67,600.00 AS RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION APRIL 6, 2009. 1 ersan 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons Extremely taw - Income 30% $15,840 $18,090 $20,370 $22,620 $24,420 $26,250 $28,050 $29,850 Median Very Law - Income $26,400 $30,150 $33,950 $37,700 $40,700 $43,750 $46,750 $49,750 30% Median Low -Income 80% Median $42,240 $48,240 $54,320 $60,320 $65,120 $70,000 $74,800 $79,600 Moderate Income $63,360 $72,360 $81,460 $90,480 $97,680 $105,000 $112,200 $119,400 L20 __% Median AS RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION APRIL 6, 2009. yE �l 1 '� :5 t A #, CRA 06 East Side—West Side -Seaside Renaissance BOYNTON BEACH COMMUNTIY REDEVOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM INSURANCE DISCLAIMER FORM I, hereby affirm and state that as the owner of the property located at I have not received homeowner insurance reimbursement benefits for any of the rehabilitation items being addressed under the Community Redevelopment Agency's Residential Improvement Grant Program. I understand that by providing any false information on my application under the rules and regulations governing the Community Redevelopment Agency's Residential Improvement Grant Program will result in forfeiture of all assistance, approvals and the immediate repayment of any or all funds I have received from the agency. Applicant Signature Date Witness: Applicant Signature Date Witness: F 4, IA 1 e East Side—West&de-Sea4de Renaissance Residential Improvement Grant Program Personal Net -Worth Statement Section 1— Personal Information Date: Name: Birthdate: S S#: Address: City: State: Zip: Employer: Position: # of Years: Employer's Address: City: State: Zip: Business Phone: Residence Phone: Drivers License M Section 2 -- Statement of Financial Condition Assets In Dollars Liabilities In Dollars Cash: Notes Pa ablc: Securities: Mortgages Pa able: Real Estate: All Other Liabilities: Automobiles: Restricted or Margin Accounts: Cash Value Life Insurance: Accounts and Notes Receivable: Household & Personal Assets: Total Liabilities: All Other Assets: Net Worth:(Total Assets — Total Liabilities) Total Assets: Total Liabilities and Net Worth: Applicant Signature Date T:IPROGRAMS & GRANTSIRes. Imp. GrantTersonal Net Worth Statement.doe 'F 'CRA 16:1 t I East Side—West Side -Seaside Renaissance 2009/2010 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM GUIDELINES The following guidelines are intended to define the extent and scope of the program. The purpose of the program is to assist income eligible property owners with improving various exterior elements of their existing residential property. The goals of the program are to provide grant funding for the improvement of the existing housing stock, allow residents to remain in their properties, and to facilitate and encourage redevelopment activity in the Community Redevelopment Area through neighborhood stabilization efforts. The following guidelines and requirements are applicable to this program: The program is available only for property located within the Community Redevelopment Area. See attached Map. 2. The program is for existing single family detached residential properties. Rental or income properties are eligible if there is no outstanding City or County code enforcement or other liens on the property. Applicant must supply proof of ownership by providing a copy of the recorded warranty deed. 3. The maximum grant amount is $20,000 per residence. Any and all funding not expended under the awarded grant will be released back into the program. Owners of properties that are not owner occupied must provide a dollar for dollar match to the amount of CRA funds provided. Proof of the ability to match CRA funds must be submitted with the application package to be eligible for reimbursement. 4. Owners of rental properties must sign, as part of the application process, an agreement that the Owner covenants not to increase rents on improved units more than 5% for the two year period following completion of the improvements and that breach of the covenant shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. 5. Eligible improvement items under this program include: • Roof repair or replacement. • Roof soffits and fascia repair or replacement. • Exterior Painting; color to be selected and sample signed off by the homeowner. • Hurricane shutters or impact rated windows when determined to be more cost effective by CRA staff. • Exterior Doors; Door materials to be selected from CRA approved list. • Landscaping & Irrigation; limited to the front yard only and a $2,500.00 maximum for landscaping elements. Plant materials to be selected from CRA approved plant list only. Repair of existing potable water and lateral sewer lines, exterior of the house only. Residential Improvement Grant Application Revised October 2009 TDrive: Prog rams&Grants: RIPGrant: RlPapplications&guidleines 6. All program eligible improvements to be addressed are subject to CRA staff approval. CRA staff may recommend improvements not being requested by the applicant in order to meet City of Boynton Beach building code or to improve the home's appearance on the street. i. All work must be in compliance with applicable Boynton Beach Building Codes and all contractors must be licensed in Boynton Beach and/or Palm Beach County. 8. Applicants shall not have an income greater than 120% of Palm Beach County median household income relative to family size. Applicant(s) shall submit most recent year's income tax returns, W -2's, social security statements, etc. to verify income. Any person residing in the home over the age of eighteen who is not employed, shall complete a no -income affidavit. The affidavit shall be submitted with the application. A personal net worth/asset form must also be submitted by the property owner. Applications shall be rejected if the stated amount of available cash exceeds 1.5 times the amount of the program's $20,000 grant limit. 9. All applicants shall submit a completed Insurance Disclaimer Form stating that they have not received any insurance funds to perform work being requested on the grant application. 10. No work to be covered by CRA grant funds may begin prior to the approval of the grant application by the CRA Board and execution of grant agreement. 11. Only applications that are complete including any and all required documentation will be considered for funding. Applicants who fail to provide documentation within four weeks of it being requested by the Agency will have their application rejected and must re- apply. 12. The Residential Improvement Grant program may only be used one time in a five year period for any one property. Property owners may re -apply for additional grants any time after five years from date of previous grant approval. 13. All applicants that have been awarded grant funding under the program agree to have their home as well as themselves photographed for use by the CRA in various publications including press releases for public media 14. APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT THE SOLE DISCRETION OF THE CRA BOARD. I hereby affirm that I have read, understand and accept the above guidelines as set forth under the Boynton Beach Community Redevelopment Agency's Residential Improvement Grant program. Applicant Signature: Applicant Signature: Date: Date: Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Grants:RIPGrant RlPapplicabons&guidleines APPLICATION PROCESS FOR RESIDENTIAL IMPROVEMENT GRANT PROGRAM An applicant seeking a grant may secure an application from the Boynton Beach Community Redevelopment Agency, located at: 915 S. Federal Highway Boynton Beach, FL 33435 561-737-3256 Office hours Monday — Friday 8:30 AM to 5:00 PM. 2. Applicant shall obtain, read, and understand all aspects of the Residential Improvement Grant Program and execute the Grant Agreement. 3. One original application and unbound copies of all materials are to be submitted to CRA staff and date stamped to document receipt by the CRA staff. 4. Upon receiving all required application documents, CRA staff will determine program eligibility. Once determined, staff will notify the applicant and prepare an itemized project specification write-up for contractor bidding. Only program approved contractors may bid on the grant funded project. After the bid process is completed, CRA staff will present the applicant and the corresponding bid to the CRA Board for their final approval and grant award. 5. CRA funds will be paid directly to the contractor(s) providing the improvements upon completion of work. Verification and approval of completed work shall be conducted by CRA staff or designee. Any and all building code required permit inspections shall be conducted by the City of Boynton Beach Building Department. 6. Applicant(s) shall not have an outstanding City of Boynton Beach or any other lien against their property. In the event that an Applicant has an outstanding City of Boynton Beach lien against the property, the grant will not be awarded until the lien is satisfied. However, CRA funds may be used to correct code violations on owner occupied properties solely at the discretion of the CRA. 7. All applicants shall submit a net worth statement for all owners and a list of all properties owned by all applicants. 8. All applicants shall submit a completed Insurance Disclaimer Form stating that they have not received any insurance funds to perform work being requested on the grant application. 9. All applicants that have been awarded grant funding under the program agree to have their home as well as themselves photographed for use by the CRA in various publications including press releases for public media. Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Grants:RIPGrant: RlPapplications&g uidleines BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM APPLICATION Date: Applicant Information Name/s of Applicantts: Address of Applicantts: Address of Property (if rental): Phone Number: Cell Phone Number: E-mail: Total Annual Household Income How many members in your household? Please list their names, ages and relationship to applicant: Name: Name: Name: Name: — Age: _ Age: _ Age: _ Age: Relationship: Relationship: Relationship: Relationship: Name: Age: Relationship: Property Information Property Control Number: Is the Property Homesteaded? Yes No Do the applicants reside in the property to be improved? Yes If yes, how long have you lived in the home? No Residential Improvement Grant Application Revised October 2009 TDrive: Programs&Grants: RIPGrant:Rl Papplications&g uidleines Is the property a rental? Yes ` No If yes, is it currently occupied? Yes , No How many rental units are on the property? Are there code violations on the property? Yes No What improvements are you requesting to make to the residence? Please list all. CERTIFICATION AND WAIVER OF PRIVACY: The applicant(s) certifies that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Residential Improvement Program, and it is true and complete to the best of the applicant(s) knowledge and belief. The applicant(s) further certifies that he/she is aware of the fact that he/she can be penalized by fine and/or imprisonment for making false statements or presenting false information. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this application. COVENANT AND AGREEMENT TO REPAY GRANT (Rental Properties Only) Owner covenants and agrees that they will not to increase rents on improved units more than 5% for the two year period following completion of the improvements and that breach of this covenant and agreement shall require the Owner to refund, on written demand by the Community Redevelopment Agency, all grant money. The Owner's lease agreements shall contain a notice provision to tenants advising the tenant of the rental rate cap. A copy of the Owner's Notice to Tenant shall be provided to the Community Redevelopment Agency. Applicant: Applicant: Signature Print Name: Date: Signature Print Name: Date: Residential Improvement Grant Application Revised October 2009 TDrive:Programs&Grants:RIPGrant:Rl Papplications&guidleines Boynton Beach Community Redevelopment Agency Residential Improvement Grant Program Required Documentation Needed to Process Application: Signed and completed Residential Improvement Grant program Application & Guidelines. 2. Copy of recorded warranty deed. 3. Copy of current year tax bill. 4. Copy of homeowners insurance declaration pages (wind, liability, etc.) if applicable. 5. Completed Insurance Benefit Disclaimer. 6. Proof of income eligibility: copy of the most recent year's tax return, social security earning statement (if applicable), one month's pay stubs and two months bank statements for all persons over the age of eighteen (18) adults living in the residence. Any person over 18 years of age who is not earning income shall execute a statement of no -income form. If property is a rental, a copy of the last 2 years tax returns of owner 7. Copy of code violation notices, if applicable. 8. Photos of residence and areas of the home to be improved. 9. Copies of all current leases if property is a rental. 10. Proof of financial ability to complete project (rental only). Bank statements, line of credit, etc are acceptable forms of proof. 11. Applicantls shall submit a net worth statement for all owners and a list of all properties owned by all applicants. Residential Improvement Grant Application Revised October 2009 FDrive: Programs&Grants: RI PGrant: RlPapplications&guldleines Baynton Beach CRA Residential Improvement Grant Application Revised October 2009 TDrive: Prog rams&Grants:RIPGrant:Rl Papplications&guidleines •� t � � YE 1 "'"iF �IA6 Residential Improvement Grant Application Revised October 2009 TDrive: Prog rams&Grants:RIPGrant:Rl Papplications&guidleines PALM BEACH COUNTY INCOME GUIDELINES 2009 MEDIAN = $67,600.00 AS RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION APRIL 6, 2009. I person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons Extremely Low - Income 30% $15,840 $18,090 $20,370 $22,620 $24,420 $26,250 $28,050 $29,850 Median Very Low - Income $26,400 $30,150 $33,950 $37,700 $40,700 $43,750 $46,750 $49,750 50% Median Low -Income 80% Median $42,240 $48,240 $54,320 $60,320 $65,120 $70,000 $74,800 $79,600 Moderate Income$63,360 $72,360 $81,480 $90,480 $97,680 $105,000 $112,200 $119,400 120% Median AS RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION APRIL 6, 2009. l� Yi VT -)11P A A �. qVC wastSide West Stde— Seaside Renaissance Residential Improvement Grant Program Personal Net -Worth Statement Section 1— Personal Information Date: Name: Birthdate: SS#: Address: City: State: Zip: Employer: Position: # of Years: Employer's Address: City: State: Zip: Business Phone: Residence Phone: Drivers License #: Section 2 — Statement of Financial Condition Assets In Dollars Liabilities In Dollars Cash: Notes Payable: Securities: Mortgages Payable: Real Estate: All Other Liabilities: Automobiles: Restricted or Mar 'n Accounts: Cash Value Life Insurance: Accounts and Notes Receivable: Household & Personal Assets: Total Liabilities: All Other Assets: Net Worth:(Total Assets — Total Liabilities) Total Assets: Total Liabilities and Net Worth: Applicant Signature Date Applicant Signature Date T:Programs&Grants:RIPGrant:RIPapplications&Guidelines:PersonalNetWorthStatement �QYN,(y sAiRA East Side -West Side -Seaside Renaissance BOYNTON BEACH COMMUNTIY REDEVOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM INSURANCE DISCLAIMER FORM I, hereby affirm and state that as the owner of the property located at , I have not received homeowner insurance reimbursement benefits for any of the rehabilitation items being addressed under the Community Redevelopment Agency's Residential Improvement Grant Program. I understand that by providing any false information on my application under the rules and regulations governing the Community RedeveIopment Agency's Residential Improvement Grant Program will result in forfeiture of all assistance, approvals and the immediate repayment of any or all funds I have received from the agency. Applicant Signature Applicant Signature Date Date it ASIT �'CRA East Side-West.Side~Seaside Renaissance BOYTON BEACH COMMUNTIY REDEVOPMENT AGENCY RESIDENTIAL IMPROVEMENT GRANT PROGRAM STATEMENT OF NO -INCOME FORM I, hereby affirm and state that _ currently lives in my home located at and does not work or obtain income from any source. I understand that by providing any false information on my application under the rules and regulations governing the Community Redevelopment Agency's Residential Improvement Grant Program will result in forfeiture of all assistance, approvals and the immediate repayment of any or all funds I have received from the agency. Applicant Signature Witness: Applicant Signature Witness: Date Date ATTACHMENT III IST 1639YA t -(C R A East Side—West Side—Seaside Renaissance September 23, 2010 INVITATION TO BID VIA FAX & REGULAR MAIL The Boynton Beach Community Redevelopment Agency has Residential Rehabilitation Specifications, Bid documents and copies of program required CRA -Contractor documents ready for the rehabilitation and repair of the following project locations under Bid Packet 2009-10 #2: 1. Lucille & Clinton Brackett — 424 NW 9"' Avenue, Boynton Beach, FL 33435 2. Jeanette Sands — 226 NE 7a' Avenue, Boynton Beach, FL 33435 3. McKinley Miller — 559 NW 12a' Avenue, Boynton Beach, FL 33435 Each individual project address will be awarded to the lowest responsible bidder for that project. You may pick up your bid packet for the above referenced projects at the Boynton Beach Community Redevelopment Agency office located at 915 S. Federal Highway, Boynton Beach, Florida. Bids on the above are due by Om on October 15 2010. Any and all questions regarding the rehabilitation specifications should be directed to Mr. David Schwarz, CRA Rehab Consultant at 561-358-0583 or fax 561-433-0071. 4WA.e, /h "10 Theresa Utterback Administrative Services Manager 915 South Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-7373-3258 www.boyntonbeachera.com P. 1 Commun cation Result Report ( Sep -23, 2010 11:14AM) $ 1� 2 Date/Time. Sep.23. 2010 11:14AM File Page No. Mode Destination Pg (s) Result Not Sent 2536 Memory TX 4980710 P. 1 OK -- — — — ^ ---------------------------------------------- Reason for error E. 1Han' uv or line fait E. 9 No answer E.$ Exceeded max. E-mail size ------------------- E. 2) Busy E.4) No facsimile connection 1-4 NYE � CIS► bWAnba23.2010 INVITATION TO jjIb BAC k 7Le Bo" Hach Coamam" RdlanioPmmo Aprocy hu RaWemiol RaL6litdim SpedBabnsc.JIM doommarysedCapin odpmWm+ CRA-COdMClocdoewwr"r b Rath.uheMlkiiiiomendnpkofg hlowWprejaetiombaemidamdPb&dzW"Dft 1. 1U1111e&CWVIQa&Wf kM-414NW9eiAVmaq.BgditBewKFL33415 z. laeemsSu&s-226N27eAvaaaBoymaoBaahM!1305 I MCKln10 MO.-3541tW leAano4H07�a8ad%FUS 3S Each % ulpn4ceteddieswHl65awadedto&relawnxreopooslrehlddtrlhorduelpooJeet Yoe mp pick up Seer Lid palmi RC Cha .hove mfivetmod pmjw& b &m Boyakn Bach Ovn nwft RndavvIVmutAlewy affira laaW at 915 S Puled W*wy. BwynWo Bank Fluids Bldsos&eehmwwedPPW I5=Q, A6yrddlquevrias9uxkWueoaspedfinbaf#oddhedhoebdtalk. David S�CRAAdab Cmudrsee a<561a5t-05l3 av iox 561�33-007I. e,s Rdxre uewe�-MI1rs.saal Ofeee 464A7�75/ Rae S961fi wweaaw aas a Communication Result Report ( Sep -23. 2010 11:47AM) z 2 Date/Time: Sep,23. 2010 11:37AM File No. Made Destination 2641 Memory TX 7536103 ----------------------------------- Reason for error E. 1� Hang uv or Sine fail E. 3 No answer E, 5 Exceeded max. E -mai 1 - z f Page Pg (S) Resulti Not Sent ------T--------� ------------------ , P. 1 OK ---------------------------------------------- E. 2) Busy E.4) No facsimile connection A L. I'7 C M Seyftmbw23,2010 INVITAT[ON 11 V[A FAX & RXGOLM UP Bay"= $eamh Cmsamadty Redevdarang AsmicY has Rsidstid RrL&bbWm 6pecitfstlms, BU dem and s9ls VfMj'ela IsVW CRA4aaVec0W dmwarntc ttady RK dim �e6ilitilim ud Irpeb`�H,CfelleMiaL pgjar7 kntioaa mldxBid Fsm�rot 7P0F-10/� 1. Lam�edtdiatmaBte�elt-124NW9aA�atae,Baymm9sml,,PL33d3i 2. JMMII&Sao6-225WRrArmougBoynleeaeedtiFL33435 3. Mr]CidWwW1n'-599NWIPAvan..BwtmaBesdyFL33435 Bmeh+adzamsl Pmej01s'�'0tl wlR 6e aveded m t6e3mwrdmepssemiel+iddeaf9r 4rlylejeol Yon mzy pick nP 3^m tda iulag Rx The e6eve mRmeo I jmde A &a Bay" 0" CealmmiyRedevdsgmem ASWW 000 UWW at 913 S Reden136g> ". Soyrtaa Bsdr. Florida. >Rditmtbedhmmmdsebyyg=OdbbuL%2$18, Any&MeRgarsHsanWMagftrtdapemf$aubaelimldbedhemlmdmMr.davld RdWU ,CRARAh6[lmsUstet561;351-0383or . 561433 -=I. 41SRae63idmflAielauq BmpeeenHeaek bL3911S am��-93xsau w,c � nrsv�e wwRl�aaAa�Oamin s x s Commun cation Result Report ( Sep.23. 2010 12:09PM) s s s 2) Date/Time: Sep.23. 2010 11:36AM File No, Mode r ---------------------- 2600 Memory TX Destinati n—Pg(s)---I -- Result --------------------------------- ]575661-- — P. 1 � E-1)1)1) 1111 Page L Not Sent r ------------- kP, 1 1 x3) 10 -------------------------------------------------------------------- ok--�-- -- - -- Reason for error E. ,? Hana uo or 1 ine fol) E. 2) Busy E.3 No nn ewer f. 4) No faeaimile connection E. 5) Exceeded Max. E—mail s-ze r g YNT Wastoda,Rt(C R1� 9Vwmher23,2010 INVIZ [OAT N TO BIDIN- The Ho"M Bcacb Cnmumity Rdwdeame Asmq has ReAdudd Rdmb>dadm SPcxif�iaati 8iddawmmia rod Apia dpro�am lagabedCRAacl�doomemla study dordm rehaheliudm ma r�dr doe fa4awiaa Ivajaetloeadauvoadix8id padM 20010 ill; 1. LuctliaApia6owHnglp�—•2{NW9°Avsme,Beyumn8aedyPL33435 2. 7®aftSwh—i26NE7aAvmugB03MMDOI*FL3305 3. BoyatmBeadh.FL3M35 Hreht AAWprgedaadreeewill beaww"isOmlwWAnopondbleMU-Imthdpgjay. You mq A& up ywa bid paled fa• the above ae&raroed pQ@W at Om Boymbn Bemb Omomurdly ROWMODmmt Amw ulna foudtd at 415 S. pedax, ldlOw. Boyaloa Raw% Imes. Bklsmdxs4wv=doehyA9MLgLQWmbuj&= Asryaad aQ govall®n�SngOierd�aldWadm epa3Gogtiaq ahorld 6adtroemd b hQr. David BdsAaa<, CJlARebab CowdWd LLS61-3i1-05R4 m $z 561�31.OM1. v . CLl1!I 913ea :ftd ,9nAueaBeW,PL3113 O1Rc 7i6W!l7,7QS6 Bre S617M3M —heSeee.h-A"-O Communication Result Report ( Sep. 23. 2010 11:49AM ) * x ,3 z Date/Time: Sep.23. 2010 11: File Page No. Mode Destination Pg (s) Result Not Sent 2602 Memory TX 9547525661 P. 1 f-313) P. 1 __----------------------------------------------------------------------------------------------------- Fteasarr forerror E. 1I Hans up or Fina fa i 1 E. 2) Busr E. 9) No answer E. 4) No fats imi le cannact ion E. 5) Exceeded max. E-rnn i 1 a ze iffi AR(cRA SOmlb A2010 INVITATION TO BID VIA VOLK & ROGMA-3 MAIL 1bo Baytttmn Ban& Comm* Raknkpmott At=y hen Bmldmtid Rdab0lutlon Spx7laikau Mdomnma and mpim adpmpw r phad CRA4a z dumnmm rc* 16rIMrdabAWImkftdwttmdeBidPadmLZ 9.1002: 1. LaopieltCKq',ai3naka-4NWWOAvarugBoyanBank biUns L katd%S&da-236N67AAma4BsycimBrmkFL33435 3. Ma UmWMllm•- 559 NW 12m Awmt Boyo on2as L, FL33435 E biadrvi"pt jmt*d*wnf11Lernrtsdedeo&akwat WebMwRrdOpnied Tau may pick up yaw bid palmi Or the above zcbmwW pMoft at iM Boyrdm So* fib' Rederdopmpd Ap seey sBiea ]ecaled d 015 & Parietal B)g wW. B"am Back INaslds. Bb)a m Pok slam we 44by hr_ah 38.2a1O. AnyandellgMtioaakWrd BOtaasdrottldbeAmtudeo)&.David Nditew% CRA R.CAsb OWAOM It y6135t1-0i33 ar faa 3a1AHA107L 41slCID li XOMM Bey. taall.eY,F[.3xRs Lenox fel-7J7�ild Fa: i61.7SMZf/ rrakquees6uahw.mw P 1 Comrnun cation Result Report ( Sep.23. 2010 11 24AM) x z Date/Time; Sep,23. 2010 n -- File Page No. Mode Pg(s) Result Not Sent 2590 Memory TX P. 1 E-3)3) F.1 ---------------------------------------------------------------------------------------------------- Reason far error E. 1� HanR uv or line fail E.2) Busy EA No ana,Mer E.41 No faceim,le connect on E.3) EKceedad max. E-mail size I TYNtc RA S'glatSlda«Wilt 51da«Seaelde ReRaitmancs i3epFaRbmr23,2D16 YNVITATION TO HID VI&FAX db RWEAE ARMAlI1L Rp-A-Kma,Biddoamaamtmod oopmafpv—uif CRA#Cp-aNnrdoa®mfamdy lar Rie iebmbibtmtian na reprir of dmfoLowing projwtbmda•Bid F.aaR 1od9•lok 1. LumNe & Cdivtm B Vjo#-424 KW 9'AW&1A BoyOw Hts* PL 3305 L JMM.Bm&-226NB7o-Av®hB.Inm luKkFL33435 3. JeA1Wr,DoMW5a 4FL33O5 Bub lath+" p vjm td&m vol be aw.ded m &e ]wvmt mmpmnrib]e bidder Ra dudpmjvdL You am pkk av yvm bud v*kd for tba above zvhmwW ptW* a ")30p" Swab Cmw dtykederdWk tAgm "offim ]veuad N 9151 FAd=1Highway Hoyerm Bm36 Fiodds. Hidmoadhe -have sro docby4aanOmberj$1i1R Aay ma mR gV016 q *par$ &a �LiRmt4m mpepf6mt[ev dunadbed'medmd +o Idn lyevld 8dvmag CAA Rdmb fbnwR sk 561.358 OSl3 a<sx 561d33 -0y71. IA jumcmh.ae Admdnil m 8aview Mawr A139oo1kRd�n1>r, 9ay+�eaRee48L3lAi! Omae Set -73r i� 561.7!'n�9t vvK_Iq.melndrA.mn ix x x Commun cation Result Report ( Sep -23, 2010 '1:38AM) x z 1) 2) Date/Time; Sep.23, 2010 11:36AM File No. Mode Destination 2599 Memory TX 7845195 P. 1 Page Pg(s)Result Not Sent ----— ------------------------- --- P. 1 OK --------------------------------------------------------------------------------- Reason for error E. 1) HanK up or line fa 1 E. 2) Busy E.3) Na answer E. 4) No fessirni1e connection E.5) Exceeded msa. E—ma 1 size Wil -NY AN CRA fthovobor 23,1910 1NVITATION TO -1511D. "A IM & $RGULAR MAIL "tea Boynton Bowel Cmummofty Redwokpma t Apnq 3n R,eddeniW RdLeblBrWon SpedtaaNiono, Bidaagmram mdaepiee otpropeln xerN�d GRA-CweprWm dpwmennm��dY Portheml,rLIDrebm sed repdratdulallmrlag3� loadonnmaOzHldpadra i009-10 RZ: 1. Luedle&MdooBmdM-41+HW9"AvaemBw mBaAPLISM a.lmoeus9eod�—?26A1B71eAvpg4Bgya0mBerh,FL99i35 i.&WlmlgNUa—i59)+WIPAvame.Bop=Bar14FL33431 9sebfedi-W"Ce4WaAdeeawLlheawoOAindtolniroMnupooe ehidderlbr*dp*oL You mN 1& eP Your bid pe" dor Are d mwe wohraneed pegoft at dr Heyman Bomb OadWO&Y Rokftliopagd A9Wq offira J*UW A 915 S. Fad" UWW&Y. Boynton Baee1. Florida iBQe an me r6ovaa+edaeby Oona oa Debher lS 2lId Augtnd io W. Drvld S*WUXs CRALVA bCbamUAdldS61.3St4M3arfnS6L433-M. 05 CO&Fe2ewl9Fabnay, BayalaeBb" FLSYQS COW 36l•737 -DA Fac as 737MM .nr.Lym"cua.pm >x x Communication Result Report ( Sep.23. 2010 11:43AM) : 1) 2 Date/Time: Sep.23. 2010 11:35AM File No. Mode aviation 254$ Memory TX 5616425022 e Page YY Pg(s) Result Not Sent --------------------------------- P. 1 E-30 P. 1 91d31 ro 4a � Nmm. woor r r Reason for error E. 1) Hang uo o r 1 i no fa 11 E. 2) B u s v V� E.3 No anaxar E. $) No fiats ami le connection E.5 Exceeded max. E-mail size i NTP qtC R A 114511:31119 VVI 1- 23,1010 INViTATiO]V_TQ BID VLA FAX # B�G1fiY.Ai! 11lA�. TM Bo3ntW BOA taNnt MdW Avkvd4Mw1 Alm' 1W RWWNL Ait Ss1a1"ittation 9psrffiuHmp, BW doaanexto and tytpiee olpstspraa tpq d , CX 4Cmnnmoa doamaus tardy BXfba tt6abiWrlim sad saps& ttf Gcmlloalnj ptt�rt lacytitaa tmdn•H1d P�?A119-LO1�: 1. I= l@AGbAnBM*W-414NW9aAvmsgBay"Bst*PL3943S 2. Jn ab&mds-326NBlaAvmor,BMmnEwiLPLU43S 3.. MtKinisylSher–MNWIOAw,myBoynmBada FL33435 Ba& lwividuM[prg0eot addseu t�Slte rxaede6 to 6uloxeat rap000Bls6iddarfortLtQ pttsjrm. Yaa may pick my ymtr W pxAd fpr rtes JUerro road pow" 4100 Baymoe DNA RamioWcat Aamw offia lasted a 415 S. FWand WoeAY.26yahm Hm4 14aeida. BIRa mtba rAove trti sttts6ry 4Rt�,oa Oplah� 1S. 2fJ0. A�snd a➢ 9's regreNngffierdtfhlNleEiep s1nWd ha Named mMe David St�xar , C11ARe$al [nmaullsetit56t-333A'Jt3 m in 561�33.06T1. atss OFI W561-M2sts aps+ten�.ss.vas avec sstrra3us Fe: SO-7373-ossa —.Leyrebadaraan x Communication Resu-t Report ( Sep.23. 2410 11 28AM) x 11. z 1 Date/Time: Sep.23, 2014 11:16AM File No. Mode es i tion ------------------ —z ------- --------- -------- 2592 Memory TK 6425022 P. 1 Page Pg (s) Result Not Sent P. 1 E-3) 3) P. 1 --------------------------------------------------------------------------------- Reason for error E. 1� Nana up or i i ne fail E. 2) Busy EA No answer E.4) No facsimile connection E.5 Exceeded M. 0—moil s xe FqRA �ncsme-vulssessdd-saasids aeporaber73,7010 INVITATIQN TQ BID 71te Etymon Beach Colmmmlty Aedevaiopm 1 Agwy bre RedAmtw Adman spedBnebonkRiddoom s"mdmpltaaibmpneeVbWCRA4knteadaedeoamoot.mads. Ibraenh.LilubmandeepdrMdmfoliOWA9projedl eammdu]MPG ee=9-saCL 1. tedflel@rAmmsee.d d-424NW OAeaae,RoyW.B.L*YL33435 a 1®mtlnSmda-226NR7aArmu0.Heyamaased4FL33435 3. mc>cSelgh la—MNW12rArmy.bopmaBeen.pL33435 Re&hldi 611 sgleaaft= WMbeever" loft lowala:mvoaalblebldddfartharva" You m.7 yet up ywa bid palma mr aro above maoecd p 4eeh et ft Boynooa Eads Cm=Mdly$adcvdopeeaaAvawy offim leaded M945 B. i�Amall�irnel5 Royn4m ]9acft, plamtd.. Eldeealhedm vrcdoeby4vmKOdebeeis.t L Aiop ad eII gnetima �rdmg &tvdube7lhtien e9eedioohoeo ebonldbs dllcmad a Ma. nand 6sbw=4CRARehabC "%daa5dM5145ner&ta561.4$10971_ slssr.aread.tn .mlaoeaud,.al.aws alelee: �[- 3ase Sec 9a-7373-17sr wvwA"tahaogULMUn Communication Result Report ( Sep -23, 2010 11:56AM j x 1; Date/Time, Sep.23. 2010 '1:47AM File No. Mode V5616425022-- I est i natt ion-- 2603 Memory Tx — ----- 51 P, 1 Page Pg (S) Result Not Sent ----------------------------- -------------------------- 1 E-3) 3) P,1 ---------------------------------------------------------------------------------------------- iteasanfor error E. 1) Han¢ up or 1 ine fai 1 E-21 Busy E.3) No answe E.4 No facaimile connection E. 5) Exceeded max, E–rnaI l s ze APq CM E 23, 26]0 IKVITATION TO BID 3a& RAX A Alli 7Le Day— Bomb C9omhWtr RaWnbpmed APP hat ReMindid RA.Brbbdm apedOaNmyBid daouumh aado7pfoaofprapaucmgohxd OXA4wSMolac4oan—rody Sn•mataluhllimiooand rcpalr ofdw>btla+iaa prdealacosaua t¢da'BidPadd 2009-[016x. 1.[.vdllnAL]ismaBrarkdt-4x11VVP9aArea.GBoyntmBe.dyPL33�35 2. 7meao Sends –22bTB r Awmq Boyahoa 8oari, PI.93435 3. Md{:abyMibnr-559hIW11°A�vam.HafatomB.e�,FL49+g5 &d� h5dividaalp�jeai addim�vinLeamrdedio 6ehw.aw �e+pmsl6hbi&krtartbatlwlaet You VM to up 3a' Lid pudmt hr Ow above rammed pmjxa at Me Boyoom Bndr Clommaslly Redavdopnaa AOmey offim hold at 915 s. Fdual WOW17, BoyMau Beteh, Floida. Bidemtheahomogdmby4n ®Ocbobmli2a1& Arp aad all goesHaas tu4udiaO fho rduLititadoa apauOnOnna �aahlLedheged o Mr.lAvld Sdmaa, fila Admh fbrudtam at WI-35IM93 or hr SWO34671. VS DOPM18"MUL 33W aae<.:xal�ngls n.�:sst-mssssa srwLoya�etmu.a P. 1 Communication Resu t Report ( Sep -23. 2010 11:20AM j x l� Date/Time: Sep.23, 2010 1:16AM Pile Page No. Mode Destinat on Pg (5) Result Not Sent ------------------- ------------------------------------------------- ----------------- 2593 Memory TX 15619961834 P. 1t OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1? Hana up or 1 1 n a fa 1 E. 2) Busy E.3 No answer E. 4) No facsimile connection E. 5) Exceeded max. E -ma 1 s i =e A Ntc RA SgUmber 23, WO INVITATION TO BID ML Beech CemmudtY Aadeveloprcmt Agmq has Iaddwlal Rdebflitedon BpedBptieq,MW d*mmsb9s ftd eaVies afpo&um nqulked CIA41manow dua®mtsready lhrtw tehaSDhrilcu fee mpskaf dam 300A-10Ino 1. Janne i Cpelou Bmdxft-4M NW O Ave 06 Boynlne Bamk FL 29935 3. J®odeSaodn-226MIOAvewrYBoMonBeaeb,PL3305 3, Mz%f WMl% r-• f79 NW 12e Awo^BopltmftK i, M &W5 Bub iwdvldui ywp4 adduw %0 be waded oo die i wo nwponamkNWor fir dw pkat. Yon wl pkk ap ym bid pa" for &v above m&naoed pvjeae M Gro Beyakn Duch flommuchy 84dwdopacnt Agmq ofBeo looted at 915 & Fodml ICyhwq, Bwjn mo Bieck Fkrldn Bids ca he ohmaisdualy4ove an agoUcr A MO. Afq' and wB goeedottesegeidinl da rdnhiWedoa epedSradime fheuhl6odneoted mb7r.Davld S&wa% CIA Babab Cmtpgeut sf 561.95E-0669 arfix 56f-493.00Tt. 0.0 OEM 56dB7-32M BoyelaaBe73dM 319f [Ieiex%1-9l7Arie Aye SelA377�a71e eAoybppp�ppgfrpw P. Commun i cat on Result Report ( Sep. 23. 2010 ' 1: 23AM) x 2 Date/Time; Sep.23. 2010 11:17AM File Page No. Mode Destination Pg (S) Result Not Sent 2595 Memory TX 18667700328 P. 1 OK ---------------------------------------------------------------------------------------------------- Reasonfor orror E. 1) Yana uo or line fail E.21 Busy E. 31 No anawsr E.41 No faczimile connection E.5) Exceeded max- E-mail size �1A HCRA 0q$=bW23.2o10 NVITATYON TO STD The Boynba DO$& ❑omm mly Roloodupnbd Agency tut Radderul Rebab3Eadfan 2Peei1ia4o %Bid dooms" tedeoplam ready svrdw vehrbilito6m and rept'a• odfliefellav+agPpj� ]aadeaemdarBSd Padcd xoaD-lo n: 1. KmMt&AtrMmBae><ai-424NWOhAvaw,,�Bmt=Bc %'FL33A5 2. ledeoStoft-226NE7*A.=%BapatmDrank FL3N3S 3. MolCi WMMW-5591ZWi2kAve=%11gamnBeae4.F1.3Mi5 ' &&ladtvldoal pmjad ad 4 witi be awddod b dwkwtsi mpmu3lablddet dog &dpeajctt Yon mq pick up lwr htd pedst gk ma Am rcknoeeed poo ft R he Boptm Beath �b A0�7 affic[ kealod d 933 & Fadmd mgbway' Boyuim Bona, ploride.l3deonPonaboverrdnabyloraeemerarss se10 �+u' � � 9��>�oa dn:iphsbStildimapedfiotdeet abmudbedam.4d m 3r$ David Schwvey CRA 1du6 fkaodimins 561.3HAM or fes 561-433-00'!3. 4310oaO01kdnd3111$x.Boy 9.f1w�FL3MM gine56l-737.175E Rr:141.7078 41f1 Arai x Communication Result Report ( Sep. 23. 2010 1 36AM ) x 2 Date/Time. Sep.23. 2010 '1.35AM File No. Mode 2597 Memory TX Destination Pg( 15613471651 P. P 1 Page Not Sent ----------------- ---------------------------------------------------------------------------------------------------- Reasonfor error E. 1) Hann up or line fail E.2) Busy E. 3) No answer E. G) No facsim Is connect on E. 5) Exceeded max. E–ma 1 s i z e 19YAWNtc RA Seplemher23. 7010 ITATION TO 7ha Boystea Bas* ClommunIty Padmaloysmt Apeeoy hes Sasidwdd Sehshilibdoo 9psdButluks,BO daawamb aad topimOf�ogoaragahed CaA-'docwetmtt ready RrfheaduhiNtsfiowaad repair ofow%DuwkgFood katdloasvnft 3idPaaret30x9-10ft 1. L.- edeatato.Hnd=-4UNW9"Av®gHo)mt=3=&.FL)3435 2. imaeae Beedo–Fs6N97e Aveca%BoyidasBeaoh, PL33435 S. ldVialey bMDw–M NW IP AuenW Boy Beed. FL 3)435 Raeh inftidorl lalm sddrmow3A he swetded to d olowwrerp mgNehlddsfor IlMyr4eot. You kasy pick up yow bid p dkd for 16e sbm rekwesoed pWaa It do Ho]As➢ Beads CWxxalWR,eaweispmme AMM afAee boded it 915 S- Redd B%hwm% Days Bu* 10odb. ffideoatheahosOske6anby4mm0mobQ j2d1A Any sadall gxnWmWod9adoaa0mldbednededtobA David Sakmzr CRA RelAb OonaollW .361.37 443 or fix 56l 43349M. 913 Sewn PedwlHlrhwq BW=Bm PL3363 om=30-m3w rk 9M-9315011 w—UY Nh P. 1 Communication Resu-t Report ( Sep.23. 2016 11:25AM J t 2) Date/Time.; Sep.23, 2016 1:17AM File Page No. Made Destination Pg (5) Result Not Sent 2596 Memory TX 7367444 P, 1 OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1� Hana uo or line #ail E.2) Busy E. 3 No answer E. ¢) No facsimile connection E.5 Exceeded man. Email s :e IlINCRA s4momber 73.7610 INVITATION TO BID VIA BA7C & R)bCr[1LAR ldAIL Tho Baynton Deneb Qraemady RailerekPmmt Agmbf hoe Raodstirl PAhMkdm 3yaaiRtadsnb Btddoawwh radeapW rdpm�orm regrind CRArCeskaetor doeslearta rady fer&erebabB@eioaaed =9-10#k 1. iaWIeRCIinUml3xeatieN—+�4A'W9i1iA�esne,]inyscamBadSFLd9A35 L bkW&Basch—ngNE7fAv.,,BoymoAer41'L33135 3. McKWWW tr-359WW 12*Avm%BwjWmiN&IN A33M BKhindivi"pm,uxad&=w,11be woledw60low= 4k bidder IN"pejal. Yw =my Rch aP yaw hid pWus hr So mbwm redamoed yrgoa at Oro Septan Beadh Omwwauiy Rabrdq meet AOlasy baw Inked at 915 S. i+edmel lrgftwayr Bgatlmt am*,. i'lamda. �drmPose6o90xadaehyA�srOahbarli.�10. Any =a a0 qurrtioor rga&og dw re,ublL w m rJrod&mdesa abwld bedheded b W. Da -Ad S&WW]6 CPA. R" 06001 t a 561-35141M orlim 561433-0671. PH Bg:: eYlil�hwq,BgaMeBON*FLWM Omer:%47a73rl6 Fee 361-4!7&3tSd vrwbw mabmda ATRTCRA -West Side -Seaside Renaissance A Federal Highway Beach, Florida 33435 TRA West Side --Seaside Renaissance th Federal Highway Beach, Florida 33435 Abisset Corporation PO Box 7123 Delray Beach, FL 33482 Built Solid Construction, LLC 16822 Murcott Blvd. Loxahatchee, FL 33470 e f a ,�..�.. PITNEY BOWES $000.44" 000834^ ;'-. SEP �.3 030 ,gyp POsr4' � r M:s'.r. "THEY BOWES $000.4411 NN � , TP H RA -West Sde•-Seaside Renaissance ith Federal Highway Beach, Florida 33435 kT`Q[� RA WesvDde-•Seaside Renaissance th Federal Highway Beach, Florida 33435 Citywide Construction Services 255 South Federal Highway Deerfield Beach, FL 33441 Cordoba Construction Company 12457 78th Place North West Palm Beach, FL 33412 ./ rseeo.w•.,ra' PISNEV $OWES J01C334220-' !EP �.3 20'0 i1rILED FZC`V 2�F r"C?E33.1::v A. PITNEY BOWES 5EP 2.; 2,'1-( ZNrCRA West Side- Seuide Renaissance irh Federal Highway n Beach, Florida 33435 Craftsman Plus, Inc 4615 Haverhill Road Lake Worth, FL 33463 75 PITNEY BOWES r {. $000.441 ;i"53'•�2".vii .iE� :3 »�'il Ali EDFRO f, .LlFC—LL 7- °�3 ATNT C --West Side -Seaside Renaissance ith Federal Highway n Beach, Florida 33435 .r A 2 KtA —West Side -Seaside Renaissance uth Federal Highway n Beach, Florida 33435 Grace Construction PO Bog 9 Belle Glade, FL 33430 MacDonald Construction 1168 SW 18th Street Boca Raton, FL 33486 aI7NEY BOWf S a ..r € 0.4411 N,LEv FRCIMi -'r .SFs Post,, Ay" lP 0 PITNEY &OWES IF $000,44' V rte-. A RT CRA ri �nsr� � � -West Side -Seaside Renaissance PI7NEY BOW(6 ith Federal HighwayIP 4 n Beach, Florida 33435 a00 • =''2UA Sze? 25 2 i u Ray Graeve & Sons Construction, Inc 7739 Hilltop Drive Lake Worth, FL 33463 ,..��+� -West5deMSeaside Renaissance o � ITN Y� ith Federal Highway " 01. "" .��Fpp// $000-4411 t Beach, Florida 33435 ` ` 00vs'R4 04 ;1E"J ',:3 34?+: WAILED ZIP Select Builders International 641 NW 9' Court Boynton Beach, FL 33426 r I_'y T, C() � I � � � 11� C R A East Side -West Side -Seaside Renaissance September 23, 2010 NOTICE TO CONTRACTORS Sealed bids will be accepted by the Boynton Beach Community Redevelopment Agency as agent, until 4pm on October 15, 2010 at the CRA office located at 915 S. Federal Highway, Boynton Beach, Florida 33435, for the rehabilitation and repair of the following properties under Bid Packet 2009-10 #2: 1. Lucille & Clinton Brackett — 424 NW 9 I Avenue, Boynton Beach, FL 33435 2. Jeanette Sands — 226 NE 7th Avenue, Boynton Beach, FL 33435 McKinley Miller — 559 NW l2t' Avenue, Boynton Beach, FL 33435 Each individual project address will be awarded to the lowest responsive bidder for that project. Residential Rehabilitation Specifications may be obtained by bona fide bidders at the above office. The following documents MUST BE INCLUDED in your sealed bid envelope with your proposal: 1. Your Company Name 2. Contact Person and phone number 3. Copy of your current General Contractor License 4. Copy of your current City/County License Any and all questions regarding the rehabilitation specifications should be directed to Mr. David Schwarz, CRA Re ab Consultant at 561-358-0583 or fax 561-433-0071. Theresa Utterback Administrative Services Manager 915 South Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-7373-3258 www.boyntonbeachcra.com HOMEOWNER/CONTRACTOR AGREEMENT This Agreement is entered into this day of 20_ between (hereafter "Owner(s)") and (hereafter "Contractor"). 1. CONTRACT AMOUNT: $ 2. HOLD HARMLESS. Contractor shall agree to defend, indemnify, and hold harmless the Owner and the Boynton Beach Community Redevelopment Agency, which has provided a source of funding for the work to be performed by the Contractor, from liability and claim for damages because of bodily injury, death, property damage, sickness, disease or loss and expense arising from Contractor's Performance under this agreement to install or construct home improvements to be paid for out of the proceeds of the Owner's rehabilitation loan. Contractor is acting in the capacity of an independent contractor with respect to the Owner. 3. LIEN WAIVERS. Contractor agrees to protect, defend and indemnify Owner from any claims for unpaid work, labor, or materials with respect to Contractor's Performance. Final payment shall not be due until the Contractor has delivered to the Owner complete release of all liens for work completed arising out of Contractor's Performance or a receipt in full covering all labor and materials for which a lien could be filed or a bond satisfactory to the Owner indemnifying him against any lien_ 4. TIME FOR PERFORMANCE Owner shall provide written authorization to Contractor to commence work Contractor agrees to start work within ten 10 calendar days after receipt of a written Notice to Proceed. If Contractor fails to commence work within ( ) days of the date of the Owner's notification to commence, Owner shall have the right to terminate this agreement. Such notice of termination shall be in writing. Contractor agrees to complete work on or before . If completion isdelayedfor reasons beyond the Contractor's control, Contractor shall provide timely notice to the Owner of the reasons for such delay. If such good cause is claimed by the Contractor, it shall be Contractor's obligation to substantiate its claim by adequate documentation. In the event Contractor shall fail to complete work within the agreed upon period and fails to provide evidence of good cause for such delay, Owner shall have the right to declare Contractor in default. In such event, Owner shall be responsible for providing written notice to Contractor by registered mail of such default. If Contractor fails to remedy such default within 15 calendar days of such notice, Owner shall have the right to select a substitute Contractor. If the expense of Revised October 2008 finishing the work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the Owner. In the event Contractor shall fail to complete the specified work within such standard as acceptable to the Owner, the designated City of Boynton Beach Building Inspector or Community Redevelopment Agency designee and fails to provide evidence of good cause for such deficiencies, Owner shall have the right to declare Contractor in default. In such event, Owner shall be responsible for providing written notice to Contractor by registered mail of such default. If Contractor fails to remedy such default within 15 calendar days of such notice, Owner shall have the right to select a substitute Contractor. If the expense of finishing the work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the Owner In addition to any remedies available to the Owner, the Contractor, following a default that is not timely cured, will be barred from additional Community Redevelopment Agency program funded work for a period of one year from the date of default. 5. CHANGE ORDERS. Owner and Contractor expressly agree that no material changes or alterations in the description of work or price provided above shall be made unless in writing and mutually agreed to by both parties and approved by the Boynton Beach Community Redevelopment Agency. 6. PERMITS AND CODES Contractor agrees to secure and pay for all necessary permits and licenses required for Contractor's Performance and to adhere to applicable local codes and requirements whether or not covered by the specifications and drawing for the work, including any Contractor registration requirements. 7 WARRANTY. For good and valuable consideration, Contractor hereby agrees to provide a full five-year warranty for roof repair/replacement and a full one-year warranty on all other work to the Owner, which shall extend to subsequent owners of the property to be improved. The warranty shall provide that improvements, hardware and fixtures of whatever kind or nature installed or constructed on said property by the Contractor are of good quality, and free from defects in workmanship or materials or deficiencies subject to the warranty contained in this paragraph provided. Contractor and Owner agree, however, that the warranty set forth in this paragraph shall apply only to such deficiencies and defects as to which Owner or subsequent owners shall have given written notice to the Contractor, at its principal place of business, within one (1 ) year* from the date of Contractor's request for final payment, stating that all work under contract has been completed. 8. ,SCOPE OF WORK. Contractor acknowledges that it has prepared the Contractor's Proposal (Part II of this Agreement) and that such proposal is accurate and consistent as to the name of Contractor, scope of work that the Contractor will undertake and price. Contractor acknowledges the performance requirement Page 2 of 4 established in the write-up and warrants that all work undertaken will conform to said specifications. 9. REMOVAL OF DEBRIS. Upon completion of work, Contractor agrees to remove all construction debris and surplus material from the property and leave the property in a neat and broom clean condition. 10. SUBCONTRACTORS. Contractor agrees that all the warranties contained herein shall apply to all work performed under the Contract, including that performed by any Subcontractors. 11. RESOLUTION OF DISPUTES. All claims or disputes between the Owners and Contractor arising out of or related to the work shall be decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association then obtaining, unless the parties mutually agree otherwise. The Owner and Contractor shall submit all disputes or claims, regardless of the extent of the work's progress, to the American Arbitration Association/Better Business Bureau unless the parties mutually agree otherwise. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement, and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court has jurisdiction thereof. If the arbitrator's award is in a sum which is less than that which was offered in settlement by the Contractor, the arbitrator may award costs and attorney's fees in favor of the Contractor. if the award of the arbitrator is in a sum greater than that which was offered in settlement by the Owner, the arbitrator may award costs and attorney's fee in favor of the Owner. 12. PROHIBITION OF KICKBACKS. The Contractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contractor for which the attached Bid'has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement, any advantage against the Boynton Beach Community Redevelopment Agency or any person interested in the proposed Contract; and The price of prices quoted are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest, including this affiant. 13. INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No member, officer, or employee of the Public Body, or its designees or agents, no member of the governing body of Page 3 of 4 the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one (1 ) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. 14. PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining city approval of the application for such assistance. 15. ACKNOWLEDGEMENT. The above warranties are in addition to, and not in limitation of, any and all other rights and remedies to which the Owner, or subsequent owners, may be entitled, at law or in equity, and shall survive the conveyance of title, delivery of possession of the property., or other final settlement made by the Owner and shall be binding on the undersigned notwithstanding any provision to the contrary contained in any Instrument heretofore or hereafter executed by the Owner. Contractor and Owner hereby acknowledge acceptance of this agreement: OWNER'S SIGNATURE DATE OWNERS SIGNATURE DATE ADDRESS OF THE PROPERTY to BE IMPROVED: CONTRACTOR DATE BY: CONTRACTOR SIGNATURE/TITLE WITNESS WITNESS Page 4of4 Boynton Reach Community Redevelopment Agency Residential Improvement Grant Program PRE -CONSTRUCTION CONFERENCE MEETING PLEASE READ CAREFULLY BEFORE SIGNING (we) the undersigned have on this date at the Boynton Beach Community Redevelopment Agency (CRA), 915 S. Federal Highway, Boynton Beach, Florida participated in a pre -construction conference prior to the Contractor beginning the rehabilitation of my (our) property. I (we) acknowledge that I (we) understand and acknowledge: 1. The Contractor works for me(us) and not for the Community Redevelopment Agency. 2. The Community Redevelopment Agency is not responsible for the performance the Contractor and is not a guarantor or insurer of the work, nor does the Community Redevelopment Agency warrant any of the work. 3. The scope of the work to be performed by the contractor, 4. The limited role of the CRA Development Manager whose role is limited to monitoring the work to protect the interest of the Community Redevelopment Agency's funds which are being used to pay the Contractor, 5. Our responsibilities during the construction phase. b. 1 (we) will not unreasonably withhold access to the property for the Contractor, Sub- contractors, CRA staff or City Building Inspectors during the project. + 7. 1 (we) have been given an opportunity to ask questions and have been given an adequate explanation to our questions, I (we) affirm that the information provided by me (us) or on my four) behalf in our grant program application dated is still true and accurate as of this date. HOLD HARMLESS. I (we) as the homeowner agree to defend, indemnify, and hold harmless the Boynton Beach Community Redevelopment Agency (Boynton Beach CRA) from liability and claim for damages because of bodily injury, death, property damage, sickness, disease or loss and expense arising from Contractor's Performance under this agreement to install or construct home improvements to be paid for out of the proceeds of the Boynton Beach CRA rehabilitation grant. The Contractor is acting in the capacity of an independent contractor with respect to the Boynton Beach CRA. PROPERTY ADDRESS: PROPERTY OWNER DATE I, the undersigned, hereby certify that the pre -construction conference was held on this date between the Homeowner(s), CRA Designee and myself. I understand the procedures to be followed for change orders and requests for payments and inspections. I understand and agree that the work performed must meet the standards of performance required by all building codes and the Boynton Beach CRA's Housing Programs, specifications, work wrife-up and all applicable codes. CONTRACTOR/ DESIGNEE DATE the undersigned hereby certify that we have participated in the pre -construction report this date. DATE: David Schwarz, Rehabilitation Consultant, CRA Designee Revised Oct 2008 Lucille & Clinton Brackett 424 NAV 9"' Avenue, Boynton Beach, FL 33435 T:IPROGRAMS & GRANTMP -Residential Improvement Grant Hid Packets\Bid Packet 2009-10 #21Bid Packet Docs FY09-10 #21Bid Packet Docs sent to GCs1Tab Pages with Addresses.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: Property Address: 424 NW 9'. Avenue Boynton Beach FI. 33435 Contact Person: Lucille Gallery -Brackett Contact Phone: 732) 686 7579 (732) 233 3194 Building Description: Number of bedrooms: 1 2 1 Number of bathrooms: 2 Property Control Number: 08 43 45 21 14 000 0670 CONTRACTOR BID INFORMATION Total contractor bid for work requested: $ Bid submitted by: Signature: X The proposed work shall be completed within 45 working days. Client: I Boynton Beach Community Redevelopment I Date: 6/20110 Address: 1915 So. Federal Hwv. Bovnton Beach. Fl. 33435 Revised 9/21/10 This Rehabilitation Specifications Work Write Up shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close -Out: The contractor shall submit to the Boynton Beach Redevelopment Corporation with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. Boynton Beach CRAZands%Brackett Bid Docs 9-21-10.wpd Page 1 of 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following 12 line items: Description Qty Bid Amount 1. Sloped Roof - Shingles Lot $ Remove entire sloped roof covering. Replace damaged sheathing, replace / repair damaged rafters and related roof components. Contractors shall include in their bid replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of " 10% " of sheathing and rafter/truss top chords shall be addressed in a change order. Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2004FIorida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Install one (1) layer of ASTM 30 Ib. felt paper. Then install 40 year rated quality or equal, laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingles, to meet local building code. Install to code and manufacturer's specifications two (2) Metal Dome Vents, 144 square inches - Owens Corning VentSure or equal. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1: Contractor shall replace deteriorated portions of existing 1 "x 2" build -out for the drip edge at the top of fascia. If no 1 "x 2" exists at the top of the fascia, the contractor shall install all new 1 "x 2" primed and painted to match existing fascia color. Note 2: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub -fascia. No fasteners shall penetrate into the fascia or 1x2 wood drip edge nailer. Note 3: Owner shall have choice of shingles color. ATTENTION: Note 4: Plywood sheathing joints shall be covered with a 4"-6" self adhering bitumensecondary water barrier applied directly to the plywood sheathing. Contractorshall submit photos of the secondary water barrier when requesting payment for this item. Boynton Beach CRA15andslBrackett Bid Docs 9.21-io.wpd Page 2 of 6 Description Qty Bid Amount 2. Fascia and Front Porch Ceiling Lot $ Replace deteriorated fascia and soffit. A minumum 6 feet must be maintained between joints or corners which shall be mitered. Fill all nail holes in all affected wood, seal with caulking the seams of joints of wood where they meet the soffit and prepare for paint. Locations: Front Porch Ceiling - ALL Fascia on the gable ends. 3. Aluminum Windows ALL $ Remove existing windows. Install new aluminum single hung windows with aluminum framed screen. Bathroom windows shall have obscure glass. Provide modifications to openings and electric if necessary to accommodate the new windows. Patch affected exterior areas and touch-up paint to match existing finishes a close -as -possible. Rehabilitation inspector shall have final acceptance on patched and painted finishes. Note 1: The window assembly shall be tested and rated to a minimum Solar Heat Gain Coeficient of 0.27. A National Fenestration Rating Council label shall be affixed to the window. Note 2: Homeowner shall have choice of window frame color. Note 3: Contractor shall use great care to not disturb interior finishes including window sills and plaster/drywall window returns. 4. Painting - Exterior Walls, Fascia, Soffit and Trim Lot Pressure clean thoroughly with water. Fill all cracks and holes to match average existing finish, and lightly sand ALL WOOD. Contact the assigned rehabilitation inspector and request an inspection (24 hour notice to required) Upon inspector's approval, proceed and apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic exterior grade paint. Apply masonry grade flat paint on masonry, and semi -gloss wood grade paint on wood siding and wood trim. Primer and paint shall be of the same manufacturer, Sherwin Williams or equal. Include all doors, soffit, fascia, porch ceiling, and trim. Note #1: Paint color choice shall be by owner in accordance with deed restrictions, homeowner's association, and building code of jurisdiction. Note #2: Masonry surfaces painted with a spray applicator shall be back -rolled to ensure complete coverage. Note #3: Contractor shall comply with manufacturer recommended time intervals between coats of paint. Note #4: Contractor shall deliver a smooth full paint coverage over the average substrate finish. Roller and brush marks, runs, orange peels, and other defective paint application shall not be accepted. Note #5: Contractor shall scrape and sand loose paint on the front porch wood beam down to a sound substrate to assure the new paint will adhere and not continue flaking of paint. Contractor may use paint remover. Boynton Beach CRAISands\Brackett Bld Docs 9-21-10.wpd Page 3 of 6 Description Qty Bid Amount 5. Aluminum Hurricane "FOLDING" Shutters ALL $ Instal] folding (accordion) aluminum hurricane shutters at all windows. The hurricane shutter system shall satisfy the 2007 Florida Building Code for both impact resistance and pressure requirements. The aluminum hurricane folding (accordion) shutter system, with stiffeners if required by engineering instructions, shall be permanently affixed to the building per manufacturer's instructions. Note 1: Contractor shall submit Miami -Dade County or riorioa Building Code Notice of Acceptance, stamped by the Building Department of jurisdiction, with this project's close-out package. Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be patched and touched -up paint shall be applied to match existing finishes as close as possible. Inspector shall be responsible for determining if the touch-up paint matches. Note 3: Contractor shall relocate the electrical conduit and timer for the irrigation system located adjacent to the front door and living room windows and also the light fixture at the sliding glass doors to accommodate the accordion shutters. Total Base Bid (terns 1 thru 5: $ Boynton Beach CR*SanWBmckett Sid Docs 9-21-10.wpd Page 4 of 6 ALTERNATE #1 IRRIGATION SYSTEM and LANDSCAPING The contractor shall NOT begin any work on the following items of well and pump, irrigation system, and landscaping until the City of Boynton Beach, in a separate project, replaces and energizes the electrical service. The contractor shall hold their bid prices on the well and pump, irrigation system, and landscaping for six (6) months after the scope of work in this Boynton Beach CRA project - has been completed. Description City Bid Amount 6. Drive Well and Deliver an Irrigation Pump System Lot $ Drive a well of sufficient pipe diameter and depth then develop the well system to supply well water to irrigate the property in accordance with health department and departments of jurisdiction. Supply and plumb a 230 volt weather resistant t 1/Z" HP irrigation pump to operate the irrigation system specifiers in Line Item 7 in this contract. Fasten the new irrigation pump to 24"X24" concrete pad a minimum of 8" above the surrounding soil grade. The pump shall have a weather resistant plastic cover to protect the electric motor. Contractor shall install new electrical circuitry in conduit to service the irrigation system Well and Pump Location: South side of house adjacent to the AIC condenser. 7. Weatherproof GFCI Receptacle 1 $ Install new circuit and GFCI receptacle with weather proof cover to service a new irrigation timer. 8. Irrigation Timer 1 $ Install a new irrigation system timer with a 24 hour, 14 day, Intermatic Auto Sprinkler timer, model T884PV, or pre -approved equal. 9. Irrigation Control Valve 1 $ Place an irrigation control valve with a 'A Zone Indexing Valve" FIMCO model 9254, or pre - approved equal. Plumbing shall include a back flow preventer device. Boynton Beach CRA%ands\Brackett Bid Docs 9.21-1O.wpd Page 5 of 6 Description Qty Bid Amount 10. Irrigation System Lot Supply and install a new irrigation system, utilizing the new well and pump system, as engineered by a certified irrigation professional. Irrigation system shall have plastic pop-up irrigation heads to irrigate the new grass sod, hedges, existing, and new trees. The new sprinkler system shall irrigate the front yard and hedges ending at the front corners of the house. ALTERNATE #2 11. Floritam Grass Sod Lot $ Place a defoliant such as "Round Up" on the existing ground vegetation from the front yard and side yards. After the defoliant has achieved its intended purpose, then strip the ground vegetation, level the soil and plant floritam grass sod in the areas prepared to receive the sod. Contractor shall be responsible to irrigate the sod with the owner's water service, mow, and edge the grass until the project is completed and closed -out. 12. Landscape Island - Robellini Trees and Hedges Lot $ Create a 240 sgft. landscape Island in the front yard. Remove grass, till the soil, and place plastic edging around the perimeter of the island. Plant two double trunk minumum 5,01all Robellini palm trees, one at each end of the planting island. Plant minumum 18" tall cocoplum hedges around the perimeter of the planting island 12" inside of the plastic edging. Place 4" of non -floating mulch on the soil in the planting island. Boynton Beach CAMSandslBrackett Bid Docs 9-21-10.wpd Page 6 of 6 Jeanette Sands 226 NE 7"' Avenue, Boynton Beach, FL 33435 T:IPROGRAMS & GRANTSIRIP - Residential Improvement GranMid Packets\Bid Packet 2009-10 #21Biid Packet Docs FY09-10 I121Bid Packet Docs sent to GCs1Tab Pages with Addresses.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: Property Address: 226 NE 7". Avenue Boynton Beach FI. 33435 Contact Person: Jeanette Sands Contact Phone: (561) 737 1639 Building Description: Number of bedrooms: 1 2 Number of bathrooms: 1 Property Control Number: Og 43 45 2136 000 4350 CONTRACTOR BID INFORMA'T'ION Total contractor bid for work requested: $ Bid submitted by: Signature: X The proposed work shall be completed within 45 working clays. Client: Boynton Beach Community Redevelopment Agency I Date: 6120110 Address: 915 So. Federal Hwy, Boynton Beach, Fl. 33435 Revised 9121110 This Rehabilitation Specifications Work Write Up shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close -Out: The contractor shall submitto the Boynton Beach Redevelopment Corporation with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. Boynton Beach CRA15andslSands_Write-Up_Revised_9-21-10.wpd Page 1 of 5 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following 8 line items: Description Oty Bid Amount 1. Sloped Roof - Shingles Lot $ Remove entire sloped roof covering. Replace damaged sheathing, replace / repair damaged rafters and related roof components. Contractors shali include in their bid replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of " 10% " of sheathing and rafter/truss top chords shall be addressed in a change order. Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2004F[orida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. I nstall one (1) layer of ASTM 30 Ib. felt paper. Then install 40 year rated quality or equal, laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingles, to meet local building code. Install to code and manufacturer's specifications two (2) Metal Dome Vents, 144 square inches -Owens Corning VentSure or equal. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1: Contractor shall replace deteriorated portions of existing 1 "x 2" build -out for the drip edge at the top of fascia, If no 1 "x 2" exists at the top of the fascia, the contractor shall install all new 1"x 2" primed and painted to match existing fascia color. Note 2: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub -fascia. No fasteners shall penetrate into the fascia or 1x2 wood drip edge nailer. Note 3: Owner shall have choice of color. ATTENTION: Note 4: Plywood sheathing joints shall be covered with a 4"-6" self adhering bitumen secondary water barrier applied directly to the plywood sheathing. Contractorshall submit photos of the secondary water barrier when requesting payment for this item. CAUTION: Contractor shall exercise caution when re -roofing the front porch roof. Boynton Beach CRAISandslSands_Write-Up_Revised_9-21Ao.wpd Page 2 of 5 2. 3. 4. Description Fascia Replacement Qty Bid Amount Lot Replace deteriorated fascia. A minimum 6 feet must be maintained between joints or corners which shall be mitered. Fill all nail holes in all affected wood, seal with caulking the seams of joints of wood where they meet the soffit and prepare for paint. Apply one (1)coat of acrylic primerlsealer and two (2) coats of acrylic finish paint to new wood and existing fascia to match existing fascia paint as close as possible. Note: Paint the screen molding white to match the soffit. Locations: Front Porch Overhang - ALL and All Corners Aluminum Windows ALL $ Remove existing windows. Install new aluminum single hung windows with aluminum framed screen. Bathroom windows shall have obscure glass. Provide modifications to openings and electric if necessary to accommodate the new windows. If existing window sills are disturbed, replace with bull nose tile or marble sill(s). Patch affected areas and touch-up paint to match existing finishes a close -as -possible. Rehabilitation inspector shall have final acceptance on patched and painted finishes. Note: Homeowner shall have choice of window frame color. Aluminum Hurricane "FOLDING" Shutters ALL $ Install folding (accordion) aluminum hurricane shutters at all windows and the sliding glass door at the rear of the house. The hurricane shutter system shall satisfy the 2007 Florida Building Code for both impact resistance and pressure requirements. The aluminum hurricane folding (accordion) shutter system, with stiffeners if required by engineering instructions, shall be permanently affixed to the building per manufacturer's instructions. EXISTING SHADE AWNINGS, DECORATIVE SHUTTERS, and WINDOW SECURITY BARS: (to be addressed as indicated): Note 1: Contractor shall submit Miami -Dade County or Florida Building Code Notice of Acceptance, stamped bythe Building Department of jurisdiction, with this project's close-out package. Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be patched and touched -up paint shall be applied to match existing finishes as close as possible. Inspector shall be responsible for determining if the touch-up paint matches. Note 3: Contractor shall relocate the electrical conduit and timer for the irrigation system located adjacent to the front door and living room windows and also the light fixture at the sliding glass doors to accommodate the accordion shutters. Total Bid Proposal Items 1 thru 4. $ Boynton Beach CRA1Sand6Sands Write-Up_Revised_9-21-10.wpd Page 3 of 5 ATTENTION: The Boynton Beach Community Redevelopment may choose to accept line item portions of alternates without accepting all of the line items within an alternate. ALTERNATE #1 Description Qty Bid Amount 5. Drive Well and Deliver an Irrigation Pump System Lot $ Drive a well of sufficient pipe diameter and depth then develop the well system to supply well water to irrigate the property in accordance with health department and departments of jurisdiction. Supply and plumb a 230 volt weather resistant 1 '/" HP irrigation pump to operate the irrigation system specified in Line Item 7 in this contract. Fasten the new irrigation pump to 24"X24" concrete pad a minimum of 8" above the surrounding soil grade. The pump shall have a weather resistant plastic cover to protect the electric motor. Contractor shall install new electrical circuitry in conduit to service the irrigation system 6. Irrigation System Lot $ The intent of this specification is to repair the existing irrigation system that is in relatively good condition and integrate it into water being supplied by the new irrigation well and pump. Repair the existing irrigation system and connect it into the new irrigation well and pump. Repairs shall limited to replacement a maximum of 30 ]ft of irrigation pipe and replacement of 5 irrigation spray heads. Irrigation system shall have plastic pop-up irrigation heads to irrigate the new grass sod, hedges, existing, and new trees. The new sprinkler system shall irrigate the front yard and hedges ending at the back comers of the house. 7 Landscape Island - Robellini Trees and Hedges Lot $ Create a 240 sgft. landscape island in the front yard. Remove grass, till the soil, and place plastic edging around the perimeter of the island. Plant two double trunk minumum 5'0" tall Robellini palm trees, one at each end of the planting island. Plant minumum 18" tall cocoplum hedges around the perimeter of the planting island 12" inside of the plastic edging. Place 4" of non -floating mulch on the soil in the planting island. Modify and re-route the existing irrigation system and add new heads to accommodate the landscape island and continue to sufficiently irrigate the existing grass. Boynton Beach CRA\Sends\Sands_Write-Up_Revised_9-21-4U.wpd Page 4 of 5 ALTERNATE #2 Description Qty Biel Amount 8. Painting - Exterior Walls and Trim Lot $ Pressure clean with water, fill all cracks and holes, and prepare for paint by scraping off loose and peeling paint, and light sanding of all the exterior including, fascia, soffit, doors, garage door, trim, and columns. Contact the assigned rehabilitation inspector and request for an inspection (48 hour notice to inspect will be made available). Upon an approval given of pressure cleaning, proceed and apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic exterior grade paint. Masonry grade paint or wood grade paint, as appropriate, shall be applied. Primer and paint shall be of the same manufacturer, Sherwin Williams or equal. Include all trim and shutters with complete house painting. Note 1: Contractor shall excavate soil and paint a minimum 6" around the perimeter of the house below the finish grade. Note 2: Prior to painting, the contractor shall patch the previously applied "stipple" finish should it be blown off of the walls during the water pressure cleaning Boynton Beach CRAISands%Sands_Write-Up_Revised_9.21-10.wpd Page 5 of 5 McKinley Miller 559 NW 12'hAvenue, Boynton Beach, FL 33435 T:IPROGRAMS & GRANTS\RIP - Residential Improvement Grant\Bid Packets\Bid Packet 2009-10 #2\Bid Packet Docs FY09.10 42\Bid Packet Docs sent to GCsUab Pages with Addresses.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION SPECIFICATIONS PROPERTY INFORMATION: Property Address: 559 NW 12th, Avenue Boynton Beach, FI. 33435 Contact Person: McKinley Miller Contact Phone: (561) 715 1555 737 — Building Description: Number of bedrooms: 1 2 Number of bathrooms: 1 Property Control Number: 08 43 45 21 14 000 4630 CONTRACTOR BID INFORMATION Total contractor bid for work requested: $ Bid submitted by: Signature: X The proposed work shall be completed within 45 working days. I Client: I Boynton Beach Community Redevelopment Agency I Date: 16/30/10 1 : 1 915 So. Federal Hwy, Boynton Beach, Fl. 33435 This Rehabilitation Specifications Work Write UP shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close -Out: The contractor shall submit to the Boynton Beach Redevelopment Corporation with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe work practices shall be practiced while performing the scope of work in this single family home rehabilitation project. Boynton Beach CRA%FIfth Release%Miher%Milier whte-Up_9-21-90.wpd Page 1 of 7 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REHABILITATION SPECIFICATIONS Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following 18 line items: Description Qty Bid Amount Low Sloped Roof - Shingles on Main House Lot $ Remove entire low slope roof covering. Replace damaged sheathing, replace / repair damaged rafters and related roof components. Contractors shall include in their bid replacing up to 10% of sheathing and rafterltrusses top chords. Damage in excess of " 10% " of sheathing and rafter/truss top chords shall be addressed in a change order. Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2007 Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Install two (2) layers of ASTM 30 Ib. felt paper. Then install 40 year rated quality or equal, laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingles, to meet local building code. Install to code and manufacturer's specifications two (2) Metal Dome Vents, 144 square inches - Owens Corning VentSure or equal. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1: Contractor shall submit an affidavit to Palm Beach County Housing & Community Development to the affect that the sheathing/decking nail fastening specification described in this line item has been met. Note 2: Contractor shall replace deteriorated portions of existing 1 "x 2" build -out for the drip edge at the top of fascia. If no 1"x 2" exists at the top of the fascia, the contractor shall install all new 1"x 2" primed and painted to match existing fascia color. Note 3: The metal drip edge shall be a minimum 3"x 3". f=astening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub -fascia. No fasteners shall penetrate into the fascia or 1x2 wood drip edge nailer. Note 4: This item will have a mandatory inspection with the rehabilitation inspector. Note 5: Owner shall have choice of color. Note 6: One 36" layer of self adhering modified underlayment shall be placed above flashing in all valleys. Note 7: Plywood sheathing joints shall be covered with a 4"-6" self adhering bitumen secondary water barrier applied directly to the plywood sheathing. Contractor shall submit photos of the secondary water barrier when requesting payment for this item. ATTENTION: The front porch roof is less than 400 sqft. It has exposed roof joists and the underside of the sheathing is also exposed; therefore, the contractor shall use 3/4" roofing nails to secure the tin tags. Boynton Beach cRAlFifth ReleaselMilierlMiller_w6te-Up_8-21-10.wpd Page 2 of 7 Description Qty Bid Amount 2. Very Low Slope Cap Sheet Roof wl Slope Roof Transition Lot $ Remove entire roof covering over carport. Replace damaged sheathing, repairtreplace damaged rafters and related roof components. The contractor shall include in his bid the potential of replacing deteriorated sheathing up to 10% of the roof area. Sheathing damage in excess of 10% and severe rafter damage shall be addressed in a change order. Prepare existing roof sheathing and nailing per building code. Replacement sheathing shall be a minimum 19132" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2007 Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Plywood sheathing joints shall be covered with a secondary water barrier. Place 16" wide, 26 gauge ,valley sheet metal along the length of transition from the shingles roof into the new flat deck roof. Install a 4 ply built up roof system consisting of 75# fiberglass base sheet, 3 plys of hot mopped fiberglass finishing with a hot mopped mineral surfaced modified fiberglass cap sheet. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1: Contractor shall submit an affidavit to Palm Beach County Housing & Community Development to the affect that the sheathing/decking nail fastening specification described in this line item has been met. Note 2: Contractor shall replace deteriorated portions of existing 1"x 2" build -out for the drip edge at the top of fascia. If no 1"x 2" exists at the top of the fascia, the contractor shall install all new 1"x 2" primed and painted to match existing fascia color. Note 3: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub -fascia. No fasteners shall penetrate into the fascia or 1x2 wood drip edge nailer. Note 4: This item will have a mandatory inspection with the rehabilitation inspector. Note 5: Hot mopped tar overlapping cap sheet and flashing shall have the cap sheet mineral granules spread on the tar to protect it from UV (Sun) damage. Note 6: Plywood sheathing joints shall be covered with a 4"-6" self adhering bitumen secondary water barrier applied directly to the plywood sheathing. Contractor shall submit photos of the secondary water barrier when requesting payment for this item. ATTENTION: This very low slope roof is less than 400 sgft. It has exposed roof joists and the underside of the sheathing is also exposed; therefore, the contractor shall use 314" roofing nails to secure the tin tags. "Prior to hot mopping" the contractor shall spray the tin -tags and valley sheet metal with asphalt primer from aerosol spray cans. 3. Fascia Replacement ALL $ Replace ALL fascia and the first (south) roof joist. A minimum 6 feet must be maintained between joints or corners which shall be mitered. Fill all nail holes in all affected wood, seal with caulking the seams of joints of wood where they meet the soffit and prepare for paint. Locations: Ail Fascia and the First (South) Joist on the Carport Roof Boynton Beach CRAWifth ReleaseWiller\Miiler Write-Up_9-29-10.wpd Page 3 of 7 Description Qty Bid Amount 4. Soffit Replacement- Soffit Screen Vents Lot $ Replace deteriorated soffit at the electrical riser mast to the next joint or minimum 6 feet. Fill all nail holes and seal with caulking the seams of joints and where they meet the soffit and prepare for paint. Apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic finish paint the new wood to match existing soffit paint as close as possible. Replace soffit venting to match existing. Replace and soffit screen vent at the electrical riser mast and also on the fascia on west side of the house. Note: Contractor shall fasten loose fascia. 5. Install Steel Structural Columns - Front Porch 2 $ Remove the two wood columns a the front porch and install steel structural columns with saddle on top to accommodate fastening to the porch's structural framing. Fastening ofthe bottom the of column shall be in accordance with the building code of jurisdiction. Note 1: Prior to removing columns, the contractor shall install shoring and bracing to prevent potential harm to workmen and inhabitants and prevent damage to the structure. Note 2: Touch-up paint affected finishes resulting from the replacement of the columns to match existing as close as possible. Inspector shall be responsible fordetermining if the touch-up paint matches as close as possible. B. Impact Resistant Exterior Doors 2 $ Remove the existing front and carport doors and jambs, prepare a sufficient door bucks, and install a hurricane impact resistant rated pre -hung metal clad six (6) panel doors. Patch to match interior and exterior walls, install new interior wood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP and alight sanding. Door installation shall include keyed entry lockset with lever handle both sides: "Schlage", Flair F51 and matching dead bolt or approved equal, deadbolt keyed one side tothe lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Touch-up paint affected finishes resulting from the replacement of the door(s), to match existing as close as possible. Inspector shall be responsible for determining if the touch-up matches as close as possible. Note 2: Contractor shall submit Impact Resistant Rated Dade County or Florida Building Code NQA's, stamped by the Building Department of jurisdiction, with this Project's close- out package. 7. Aluminum Hurricane Panel Shutters ALL $ Install aluminum hurricane shutters at all windows. The hurricane shutter system shall satisfy the 2007 Florida Building Code for both impact resistance and pressure requirements. The aluminum hurricane shutter panel system, with stiffeners if required by engineering instructions, shall have aluminum channels permanently affixed to the building per manufacturer's instructions. Shutters shall be marked in permanent ink corresponding to matching window(s) and/or door(s). Boynton Beach Cr2AIFifth ReleaselMillerlMiller write-Up_9-21-90.wpd Page 4 of 7 Description Qty Bid Amount Shutters shall be completely installed for the rehabilitation inspector's inspection, then removed and stored at a location indicated by the owner. Miscellaneous parts shall be stored in a sealed container and delivered to the owner at the project close-out. Note 1: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be patch and touch-up paint shall be applied to match existing fiinishes as close as possible. Inspector shall be responsible for determining if the touch-up paint matches. 8. Paint Exterior Lot $ Pressure clean thoroughly with water. Remove caulking from the expansion/contraction cracks in the stucco. Fill all cracks in the stucco with an elastomeric patching sealant "PIN - LOCK" or pre -approved equal. Patch and holes to match average existing finish, and lightly sand ALL WOOD. Contact the assigned rehabilitation inspector and request an inspection (24 hour notice to required) Upon inspector's approval, proceed and apply two (2) coats of elastormeric paint for masonry application, "Behr Elastomeric", or pre - approved equal. Apply one (1) coat of acrylic primer/sea ler and two (2) coats of semi -gloss wood grade paint on exterior doors, wrought iron, and wood trim. Primer/sealer and paint shall be of the same manufacturer. ATTENTION: Contractor shall scrape loose and flaking paint from the gable ends after water pressure cleaning to provide a sound substrate for priming and painting. Note #1: Paint color choice shall be by owner in accordance with deed restrictions, homeowner's association, and building code of jurisdiction. Paint shall be limited to two colors. Note #2: Masonry surfaces painted with a spray applicator shall be back -rolled to ensure complete coverage. Note #3: Contractor shall comply with manufacturer recommended time intervals between coats of paint. Note #4: Contractor shall deliver a smooth full paint coverage over the average substrate finish. Roller and brush marks, runs, orange peels, and other defective paint application shall not be accepted. Note 95: Masonry surfaces painted with a spray applicator shall be back -rolled to ensure complete coverage. Contractor shall excavate and extend wall painting a minimum of 6" below grade at masonry wall perimeter Note #B: Contractor shall cover fill cracks in stucco with an elastomeric patching sealant in accordance with manufacturer's recommendations prior to painting two coats of elastomeric paint_ Total Bid Items 1 thru 8: $ _ Boynton Beach CRATIfth Release\MlllerlMiller Write-Up_9-21-1O.wpd Page 5 of 7 ATTENTION: The Boynton Beach Community Redevelopment may choose to accept line item portions of alternates without accepting all of the line items within an alternate. 4 10. 11 12. ALTERNATE #1 Description Qty Birt Amount Re -Install Wall A1C Unit Lot $ Remove existing AIC unit from east bedroom window. Create opening as high as possible and re -install the existing A1C unit. Patch exterior with stucco and caulk as necessary for proper seal and water tight installation. Patch interior with drywall to match the average finish of the walls. Provide trim molding for interior. Paint all affected areas to match existing as close as possible. Installation, electrical circuitry, and electrical device for this item shall be included and comply with building code of jurisdiction. Aluminum Windows ALL $ Remove existing windows. Install new aluminum single hung windows with aluminum framed screen. Bathroom windows shall have obscure glass. Provide modifications to openings and electric if necessary to accommodate the new windows. If existing window sills are disturbed, replace with bull nose tile or marble sill(s). Patch affected areas and touch-up paint to match existing finishes a close -as -possible. Rehabilitation inspector shall have final acceptance on patched and painted finishes. Note 1: Homeowner shall have choice of window frame color. Note 2: Three window returns have poor stucco patches. The contractor shall chip the stucco patches and smooth them with stucco to match the average finish of window returns. ALTERNATE #2 Drive Well and Deliver an Irrigation Pump System Lot $ Drive a well of sufficient pipe diameter and depth then develop the well system to supply well water to irrigate the property in accordance with health department and departments of jurisdiction. Supply electrical circuitry and plumb a 230 volt weather resistant 1 %2" HP irrigation pump to operate the new irrigation system. Fasten the new irrigation pump to 24"X24" concrete pad a minimum of 8" above the surrounding soil grade. The pump shall have a weather resistant plastic cover to protect the electric motor. Contractor shall install new electrical circuitry in conduit to service the irrigation system. Weatherproof GFCI Receptacle Install new circuit and GFC1 receptacle with weather proof cover to service a new irrigation timer. Boynton Beach CRATIfth Release}MilleAMiller write-Up_9-21-io.wpd Page 6 of 7 13. 14. 15. 16. 17. 18. Description Irrigation Timer Qty Bid Amount Install a new irrigation system timer with a 24 hour, 14 day, Intermatic Auto Sprinkler timer, model T884PV, or pre -approved equal. Irrigation Control Valve Place an irrigation control valve with a "4 Zone Indexing Valve" FIMCO model 9254, or pre -approved equal. Plumbing shall include a back flow preventer device. Irrigation System Lot $ Supply and install a new irrigation system, utilizing the new well and pump system, as engineered by a certified irrigation professional. Irrigation system shall have plastic pop- up irrigation heads to Irrigate the new grass sod, hedges, existing, and new trees. The new sprinkler system shall Irrigate the front yard on a plane of the front of the house to the street and extending from the east to west property line. ALTERNATE #3 Remove Trees and Grind Stumps Lot $ Remove all trees and grind stumps that are located in the front yard between the driveway and the "EAST" property line. Stumps shall be ground to a minimum 6" below grade. Landscape Island - Robellini Trees and Hedges Lot $ Create a240 sgft. landscape island in the front yard. Remove grass, till the soil, and place plastic edging around the perimeter of the island. Plant two double trunk Robellini palm trees with a minumum 5'0" of grey bark tall., one at each end of the planting island. Plant minumum 18" tall cocoplum hedges around the perimeter of the planting island 12" inside of the plastic edging. Place 4" of non -floating mulch on the soil in the planting island. Route the new irrigation system and add new heads to accommodate the landscape island and continue to sufficiently irrigate the existing grass. Floritam Grass Sod Lot $ Place a defoliant such as `Round Up" on the existing ground vegetation from the front yard on a plane of the front of the house to the street and extending from the east to west property line. After the defoliant has achieved its intended purpose; then strip the ground vegetation, level the soil and plant floritam grass sod in the areas prepared to receive the sod. Contractor shall be responsible to irrigate the landscape island and sod with the new irrigation system, mow, and edge the grass until the project is completed and closed -out. Boynton Beach CRATiflh ReleaselMillerlMiller Writs-Up_0-21-10.wpd Page 7 of 7 JqY'N, Te RA East Side -,West Side�Seaside Renaissance RESIDENTIAL IMPROVEMENT PROGRAM BID PACKET PICKUP BID NUMBER (S): 2009-10 #1 DATEMME NAME COMPANY T:IPROGRAMS & GRANTSIRIP - Residential Improvement Grant101R1P ApplicantslBID PACKETS1Bid Packet Templates -Forms 2009- 101Bid Packet Sign Out Form 200-]0 #Ldoc cl o 1n o 0 1n In Lb E NONf- N N N (%f, N r P HH M m W OOa0o0 a O0 00 La U.000M Q.V) OIan 9 H r r H r MU3.- v H 419,40). H WC H H H N 1y W � /1 00p0N� N 0 x00000 '� �p OO -m 7Mci40 V:L �N41G9 N4F1 t 4NRNHN INA � W 001n 1q N7 O O n n n EmAn � 00 00 O a 0 H p :rN p N ari iO mUJ ZD p fA W 7, W C HtMAGo M � m 0 0 N N( 7 N 0 0 N n W�MNM r QH H H aC Mh 1n 10 C �Mlr Vl H H m 0 yy� p p�pOO COQW O W p p�NLOIiONN m(O Lo 0p Lf LO �iNv Nn NN N O'��CffnNKfNO d NNN N HH49HH iq L -L - — m pp to OD Ujv r r r rr E4 HHHHN ap Cp W Ne HHHHH 7i � � �n �n�n�ri N nn®o Ny oaaopc 4aC%l 0- N1n +� �000ao a 0000mo 'C (.i 111 HHy am NST j0 co N V) Oi O x HHH H �H Val 4N%HN �,,QQ qC J c3 Lf) p V 11 3 L07 mfr LV go 7 Iq C� iWD'CWO 3'=� duN14). w� U3, H Q.e960wU. g 00 mwn m vw ZrN - °.O 000 in m �1ana � �eLna o oMo o o mm Lo Lo 3d'CfCrayr Eo°rrr� HHHH}K w z e �0o cinni 9 mN 0 C MH pp=oo0MI) 0 CZ Qq Wj Wm m 0f�NN 11OnuQQaa �No s, C0.12NH ° LL r "1 9). 49 1N1Q� Q:F* � 4q O f % V pppp pp j"I.-0D1CJCW7_O 6 §19N 0000 in Q, W 17100N IL 6glNNN-N W N H H H G* MMKJN� 491/} H HH 1°L = m m4949HHH Q: C 40 aaa 0Lf.0 1p NNOtlaD� USa0 m(DN �� W OOOYy V n0in0� Nt0 NQM9 yHGoo. �H IL iS7h �C� gp4NAK iR V CN0C40,�n E O00 QQQ00^ 000NP- LL0 wlR BHN 4&H wiHfg ° N V N dl f! W 4M91N940 N 9Y J aaaa�n C►oaao V� om mwooaoa ��NIL07EOON g 000aa movao0 =amm��mul)0LOIt W HHHVI. H HHHHH H49 HGOD. H Mk Birk y��j C m C C C dJ Ma Q U vi V/ U C Lo _ �+ a°amm o(�g6a v_ o�y as. P CO) 0C) �n m cng��c� Q Iq uJOQNh to (1) d'ATf- T M T CD co� u070 W)mLLn r 1 � 0 � r iH fA 00LO0n E ~ :64 49 49 `D. m Eoo00tO O O O O N � OZ40 T N , �Ina0LOLn Inco OONN Em Nm Y T f 4V b1 fR V3,40.i 46T Boynton Beach Community Redevelopment Agency Residential Improvement Grant Program MEMORANDUM OF UNDERSTANDING TO: FROM: DATE: SUBJECT: Boynton Beach Community Redevelopment Agency Housing Rehabilitation Grant Award According to the local guidelines set by the Boynton Beach Community Redevelopment Agency and approved by the Boynton Beach Community Redevelopment Agency Board, you have been approved as an eligible participant in the Residential Improvement Grant Program. As the Owner(s) of the residence located at you have been awarded a grant in the amount of $ for the rehabilitation of program eligible items in your home. All contractor's draws will require the signature of CRA staff and will be done according to approved specifications and all applicable City of Boynton Beach building codes. Any unused funds remaining after the work is completed on your home, will revert back to the Residential Improvement Grant Program. Inspection of the work performed on your residence will be done by the City of Boynton Beach's Building Department and the Community Redevelopment Agency. Applicant Signature Date Applicant Signature Date Things Homeowners Should Know Before Participating in the Residential Improvement Program Of The Boynton Beach Community Redevelopment Agency The Community Redevelopment Agency strives to assist homeowners to have rehabilitation jobs performed in a workmanlike manner. However, homeowners may not always be satisfied with the rehabilitation because of misconceptions about the program and the role of the Community Redevelopment Agency. The following is a list of some of the things homeowners should be aware of before participating in the rehabilitation program of the Community Redevelopment Agency: 1. The purpose of the Community Redevelopment Agency's Residential Improvement Program is provide a limited source of funding which a homeowner can tap into to make improvements to their home. The Community Redevelopment Agency is a funding source and is not a project manager or contractor. 2. The Community Redevelopment's program is not intended to build new homes but is simply to improve existing home that are in need of minor rehabilitation. Homeowners should not expect their home to be new or appear to be new when the rehabilitation work has been completed. The program is more in the nature of fix up and clean up and not intended for major restoration to the condition of the home when newly constructed. 3. Homeowners should not expect all floors, walls, ceilings, doors, windows, et cetera to be completely plumb, level, and square when the work is finished. This is especially true in older homes. 4. The Community Redevelopment Agency will assist the homeowner to oversee the contractor that is selected by the homeowner to have rehabilitation jobs performed in a workmanlike manner, but homeowners may not always be satisfied. 5. The Community Redevelopment Agency does not do historic restoration. 6. The Community Redevelopment Agency cannot provide assistance for all of the improvements that homeowners may want to be done. 7. The Community Redevelopment Agency does not guarantee or insure any of the work that is undertaken with the funds obtained through the Community Redevelopment Agency's Residential Improvement Program. S. All Contractors or subcontractors who work on a project work for the homeowner and not for the Community Redevelopment Agency. Homeowner's Signature Date Homeowner's Signature Date Witness Date Revised October 2009 NOTICE TO PROCEED DATE: TO: RE: Residential Improvement Grant Program The contractor is hereby authorized to commence work on the property described as: legal description: Within ten (10) working days of the execution of this document, Contractor will submit for any and all applicable building permits and issuance of applicable City of Boynton Beach permits. If the contractor fails to commence work within five (5) days of the issuance of said permit, the owner may, upon proper notification, consider the contractor to be in default of the Homeowner/Contractor Agreement. PROPERTY OWNER PROPERTY OWNER DATE DATE David Schwarz, CRA Construction Consultant DATE WITNESS DATE TAPROGRAMS & GRANTS\RIP - Residential Improvement Grant\01 RIP Applicants\BID PACKETS\Bid Packet Templates -Forms 2009-10\RIP NOTICE TO PROCEED.doc HOMEOWNER/CONTRACTOR AGREEMENT This Agreement is entered into this day of 200_ between hereafter "Owner(s) ") and (hereafter "Contractor"). CONTRACT AMOUNT: $ 2. HOLD HARMLESS. Contractor shall agree to defend, indemnify, and hold harmless the Owner and the Boynton Beach Community Redevelopment Agency, which has provided a source of funding for the work to be performed by the Contractor, from liability and claim for damages because of bodily injury, death, property damage, sickness, disease or loss and expense arising from Contractor's Performance under this agreement to install or construct home improvements to be paid for out of the proceeds of the Owner's rehabilitation loan. Contractor is acting in the capacity of an independent contractor with respect to the Owner. 3. LIEN WAIVERS. Contractor agrees to protect, defend and indemnify Owner from any claims for unpaid work, labor, or materials with respect to Contractor's Performance. Final payment shall not be due until the Contractor has delivered to the Owner complete release of all liens for work completed arising out of Contractor's Performance or a receipt in full covering all labor and materials for which a lien could be filed or a bond satisfactory to the Owner indemnifying him against any lien. 4. TIME FOR PERFORMANCE. Owner shall provide written authorization to Contractor to commence work. Contractor agrees to start work within ten 10 calendar days after receipt of a written Notice to Proceed. If Contractor fails to commence work within ( ) days of the date of the Owner's notification to commence, Owner shall have the right to terminate this agreement. Such notice of termination shall be in writing. Contractor agrees to complete work on or before . If completion is delayed for reasons beyond the Contractor's control, Contractor shall provide timely notice to the Owner of the reasons for such delay. If such good cause is claimed by the Contractor, it shall be Contractor's obligation to substantiate its claim by adequate documentation. In the event Contractor shall fail to complete work within the agreed upon period and fails to provide evidence of good cause for such delay, Owner shall have the right to declare Contractor in default. In such event, Owner shall be responsible for providing written notice to Contractor by registered mail of such default. If Contractor fails to remedy such default within 15 calendar days of such notice, Owner shall have the right to select a substitute Contractor. If the expense of Revised October 2009 finishing the work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the Owner. In the event Contractor shall fail to complete The specified work within such standard as acceptable to the Owner, the designated City of Boynton Beach Building Inspector or Community Redevelopment Agency designee and fails to provide evidence of good cause for such deficiencies, Owner shall have the right to declare Contractor in default. In such event, Owner shall be responsible for providing written notice to Contractor by registered mail of such default. If Contractor fails to remedy such default within 15 calendar days of such notice, Owner shall have the right to select a substitute Contractor. If the expense of finishing the work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the Owner. In addition to any remedies available to the Owner, the Contractor, following a default that is not timely cured, will be barred from additional Community Redevelopment Agency program funded work for a period of one year from the date of default. 5. CHANGE ORDERS. Owner and Contractor expressly agree That no material changes or alterations in the description of work or price provided above shall be made unless in writing and mutually agreed to by both parties and approved by the Boynton Beach Community Redevelopment Agency. 6. PERMITS AND CODES. Contractor agrees to secure and pay for all necessary permits and licenses required for Contractor's Performance and to adhere to applicable local codes and requirements whether or not covered by the specifications and drawing for the work, including any Contractor registration requirements. 7. WARRANTY. For good and valuable consideration, Contractor hereby agrees to provide a full five-year warranty for roof repair/replacement and a full one-year warranty on all other work to the Owner, which shall extend to subsequent owners of the property to be improved. The warranty shall provide that improvements, hardware and fixtures of whatever kind or nature installed or constructed on said property by the Contractor are of good quality, and free from defects in workmanship or materials or deficiencies subject to the warranty contained in this paragraph provided. Contractor and Owner agree, however, that the warranty set forth in this paragraph shall apply only to such deficiencies and defects as to which Owner or subsequent owners shall have given written notice to the Contractor, at its principal place of business, within one (1) year* from the date of Contractor's request for final payment, stating that all work under contract has been completed. 8. SCOPE OF WORK. Contractor acknowledges that it has prepared the Contractor's Proposal (Part II of this Agreement) and that such proposal is accurate and consistent as to the name of Contractor, scope of work that the Contractor will undertake and price. Contractor acknowledges the performance requirement Page 2 of 4 established in the write-up and warrants that all work undertaken will conform to said specifications. 9. REMOVAL OF DEBRIS. Upon completion of work, Contractor agrees to remove all construction debris and surplus material from the property and leave the property in a neat and broom clean condition. 10. SUBCONTRACTORS. Contractor agrees that all the warranties contained herein shall apply to all work performed under the Contract, including that performed by any Subcontractors. 11 RESOLUTION OF DISPUTES. All claims or disputes between the Owners and Contractor arising out of or related to the work shall be decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association then obtaining, unless the parties mutually agree otherwise. The Owner and Contractor shall submit all disputes or claims, regardless of the extent of the work's progress, to the American Arbitration Association/Better Business Bureau unless the parties mutually agree otherwise. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement, and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court has jurisdiction thereof. If the arbitrator's award is in a sum which is less than that which was offered in settlement by the Contractor, the arbitrator may award costs and attorney's fees in favor of the Contractor. If the award of the arbitrator is in a sum greater than that which was offered in settlement by the Owner, the arbitrator may award costs and attorney's fee in favor of the Owner. 12. PROHIBITION OF KICKBACKS. The Contractor nor any of its otficers, partners, owners, agents, representatives, employees or parties in interest has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement, any advantage against the Boynton Beach Community Redevelopment Agency or any person interested in the proposed Contract; and The price of prices quoted are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest, including this affiant. 13. INTEREST OF MEMBERS, OFFICERS, EMPLOYEES OF PUBLIC BODY, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS. No member, officer, or employee of the Public Body, or its designees or agents, no member of the governing body of Page 3 of 4 the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. 14. PROHIBITION OF BONUS OR COMMISSION. The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining city approval of the application for such assistance. 15. ACKNOWLEDGEMENT. The above warranties are in addition to, and not in limitation of, any and all other rights and remedies to which the Owner, or subsequent owners, may be entitled, at law or in equity, and shall survive the conveyance of title, delivery of possession of the property, or other final settlement made by the Owner and shall be binding on the undersigned notwithstanding any provision to the contrary contained in any instrument heretofore or hereafter executed by the Owner. Contractor and Owner hereby acknowledge acceptance of this agreement: OWNER'S SIGNATURE OWNER'S SIGNATURE ADDRESS OF THE PROPERTY TO BE IMPROVED: CONTRACTOR BY: CONTRACTOR SIGNATURE/TITLE Page 4 of 4 WITNESS DATE DATE DATE ATTACHMENT IV ?NT -� A L� East Side wWest Side*►Seaside kenaissance February 9, 2011 Mr. McKinley Miller 559 NW 1210 Avenue Boynton Beach, FL 33435 Re: Residential improvement Program Close Out Documents Dear Mr. Miller: As your project has come to a close, the CRA would like to take this opportunity to thank you for participating In the Residential Improvement Program. it is our sincere hope that the repair/replacement items that your home has received will be of benefit to you for years to come. Enclosed you will find an original Warranty as signed by the Contractor, Raymond Graeve & Sons Construction, Inc. All work is under warranty until January 5, 2012. If you have any problems with the work that has been performed, you may contact Raymond Graeve & Sons Construction, Inc. at the following address: Raymond Graeve & Sons Construction, Inc. 7739 Hilltop Drive Lake Worth, FL 33463 Phone; 561-432-5690 or 1-866-770-0328 You will also find an original Final Affidavit and Release of Lien stating that all work has been paid in full. Lastly, enclosed you will find the permits signed off by the City at final inspections and permit Product Information for your files. Please utilize this information if you feel an item addressed under the program needs repair. Additionally, feel free to contact us with any and all future questions you have or any issues that may arise. Again, we are glad to have provided the citizens of the CRA District with a lien -free program of this nature and look forward to continuing to serve our community. If y N have any questions or concerns, please do not hesitate to contact me. k S1n� 'rely, b id, e esa U erback Administrative Services Manager Enc. 915 South Federal Highway Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-258 www.boyntonbeachcro.com BOYNTON BEACH COMLAUNITY R DEVELOPMENT AGENCY WARRANTY ,u C The undersigned, the authorized agent of 'fl MOOD GAWV6JQVJ CQI as General Contractor, havin entered into a constructfo contr ct (hereinafter referred to as the "Contract,) dated 0t �otoo , with /'1'1� Al 1LLZ9, as Property Owner(s), to furnish and/or cause to be furnished labor, materials and supplies for the improvement of the property located at U) M A V e , in the City of Boynton Beach, Florida hereby warrants that: All the labor, materials and supplies furnished and/or caused to be furnished to said property as get forth in the Contract have been completed in a competent and workmanlike manner, are of good quality, free from faults and defects; and The work set forth In the Contract is guaranteed for a period of one calendar year from the date of completion being TI - = It as identified in the f=inal Inspection prepared by the project's Construction Consultant in -accord with the Contract except that roofing worts, if any, performed under the Contract is guaranteed for a period of five calendar years from said date of completion. In the event that faults or defects in the work shall arise within said one-year period, not otherwise determined by the Boynton Beach CRA to be normal wear and tear or abusive use by the Property Owner(s), such faults or defects shall be promptly corrected by providing the necessary labor and materials at the sole expense of the General Contractor; and The undersigned further certifies that he/she has provided the above-named Property Owners) with all Manufacturers' and suppliers' written guarantees and warranties covering supplies, equipment and appliances furnished in connection with the Contract. GENERAL C NTRACTO A lfi L %) A1 s G A)S77Q, 'N C Tint Name of Company 8Y: Print Nam ' .fiv pw � E STATE OF FLORIDA Title: COUNTY OF PALM BEACH The foregoig instrument was acknowledged before me this day of , 20.q by , who is kno to me or who has producedIt as identification and who did/knot take an oath. Noteryr Public State of Florida Debbie A ReamsWar yP My CAMMOSiOn DD934011 qe �lv' LXOMa 1210212013 (SEAL ABOVE) Signature: Notary Name: t? 1 M �bl_��L Notary Public - State of FL Commission #::l 9 4o 1 BOYNIN KiLCH COMNLINIX8900VELOPMENTAGENCY BEFORE ME, tho undersigned authority, personally appeared the undersigned, who being by me duly sworn deposes and states that as the authorhmd agent of as General Contractor havingentered into a co ruccti c 9oract hereinafter r0erred to as the mm Coa'), dated .0 A wlth r w � � t I W to furnish and/or came to be furnished labor, materials and services for Vnprovements to the property located at In Boynton Beach, Florida . G NOW THEREFORE, the undersigned, for the consideration of S a � rerelvtof-v&ich is hereby acknowledged, dose hereby release and quit claim to eI Gffill the owner(s) of the property, any and all liens, right of lien or dalms of whatbosivir kind or character on the above described property, on account of the labor or materials, or hath, incorporated, furnished, or caused to be furnished to said property by the undersigned, any subcontractor, materialman, or laborer, in connection with said Contract The undersigned, for the above stated consideration, does hereby release and forever discharge owner and Boynton Beach Community Redevelopment Agency, its attioers, agents and employees, from any and all claims, demands, damages. actions, doses of actions or sults of any kind or nature whatsoever on account of labor performed, material furnished and/or incidental expense for the worts under the Contract. The undersigned further oertifres that all worts specified in the Contract has been performed in accordance with the terms thereof, and that there are no unpaid claims for materials, supplies or equipment and no claims of laborers or mechanics for unpaid wages arising out of performance of tris contract. FURTHERMORE, it is hereby acknowledged by the undersigned, that the subcontractors and/or materialmen named beknirr, have been paid in full by the undersigned for labor or materials, or WK incorporated. fumished, or caused to be furnished by them to said property in connection with said Construction Contract. Name: ['Otl1 Name: Name. Name. Name: Name: THE AFFIANT makes this Final Affidavit and Release of Lien, pursuant to Chapter 713, Florida StRhWS, for the express purpose of inducing the Property Owner(s) to make final disbursement and payment to the General Contractor in the amount set forth above. GENERAL CONTRACTOR; nature Signature STATE OF FLORIDA COUNTY OF PALM BEACH The fors oing instrume was acknowledged before me this -?— day of Tf Mw , 2011 who Is n to me or who has produced N as icientitication an who pdfdld not tales an oath. R Notary Public Scale nr Fror da Debbie A Reamenydci My Commission DD934011 Expires 12/0212013 (SEAL ABOVE) Notary Name:` &-A. otary ubtic - State of FL Commission*, 3t � "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY CITY OF BOYNTON BEACH RESULT IN YOUR PAYING TWICE FOR BUILDING DIVISION , IMPROVEMENTS TO YOUR PROPERTY. _ A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." B P 4 0 0 L 3. 0 Date Applied: 11122110 es. �.+�� ... �re0 MOWSWIPDo,SMG1��1 a yr rnlra rC1[lYn r. l f1CKC 'T 9c APt TMNgt. Prepared BY: C U E T O E ow VICHNa Ei°T2 ES SU , yw Al w a i°,�, arc r.°t AGE10� Olt FF.D R�►L A t lEB. Data Issued: 12/24110 Permit Type: ROOFING PERMITP I N 1583178 719734 Permit No: 1000003501 INSPECTIONS ARE REQUIRED: SEE BACK OF PERMIT CARD FOR RE UIRED INSPECTION. city Range Twnshp. I Section I Sub Division Block Lot I Platle3ooldPage 08 43 45 1 21 1 14 000 4630 559 NW 12TH AVE Name MILLER MCKINLEY I COMMERCIAL CONSTRUCTION IND 559 Nw 121H AVE 7 LISSIE LN BOYNTON BEACH FL 33435 OKEECHOBEE FL 34974 561 737.9641 561 714-42A5 CCCO20237 EXEMPT Additional Description GanerallArchitectlEngitneer RE -ROOF 3/12 PITCH,SHUTTERS,WINDO I RAYMOND GRAEVE & SONS CONSTR GENERAL Reviewed JAP Address HERRY HILLS, BOYNTON LTS 46 Construction BFE 1 FIFE FLZ Occupancy sq. Ft. Valuation 18,695 Schedule of Feea * THIS PERMIT OTHER FEES: TYPE- DBPR BLDG CODE ADM I INS TYPE- DEPT COMMUN AFFAIRS SURC TYPE- PLAN CHECK FEES TYPE- PLAN CHECK FEES ISCELLANEOUS BUILDING IMPROVEMENT IS NOT REFUNDABL 6.45 December 8, 2010 2:58:42 PM Ion 6.45 REC/CERT NOC RCVD 129.00 .00 AUTHORIZED SIGNATURE 'ZI-1'-'= - ........ NOTICE: CALL 742.6355 FOR INSPECTIONS 24 HOURS IN ADVANCE (BEFORE 5:00 P.M.) THIS PERM SHALL BECOME NULL AND VOID UNLESS THE WORK AUTHDRI2ED IS COMMENCED WITHIN ONE HUNDRED AND EIGHTY 180 DAYS AFTER ISSUANCE OR IF THE WORK AUTHORIZED HAS NOT RECEIVED AN APPROVED INSPECTKlN FOR A PERIOD OF ONE HUNDRED AND EIGHTY 110 DAYS. _ Any charge in Virg plans or specifications must be recorded with this officR a -...w hove, must have a vaNd Of this permit the owner and fual ler awe In strert Lha striLlure In full ('IN o polar d starting. In conslderofion of the a is not refundable, �g nodes Use rnu of Finmto^ fae sch, F.'xidr r�aY t+^^r;l! fee !S not INSPECTIONS ARE REQUIRED... NO INSPECTION WILL BE MADE � UNLESS PERMIT CARD DISPLAYED AND APPROVED PLANS ARE READILY AVAILABLE INSPECTION RECORD BUILDING FWANG/DRAINAGE MEC 1ANWAL Inaprew Dfflo Mrrp�Crto' IM-0 lar Dift PILING SUB GRADE AIR COND, FOUNDATION BASE SLAB SLAB ASPHALT ROUGH SLAB EXC"TK)N HOOD SLAB PIPE FINAL COLUMNS BACKFILL GAS PIPING TIE BEAM STRIPPING NOTES: NOTES FINAL FINAL COLUMNS TME BEAM f f� PI.UM�IIVC/ f �. EUCTRICAL Now SHEATH. Dmf p� Fid PRO{'. ROUGH sat TEMP POLE TIN CAP ROUGH 2nd SUB FEEDS FPAMW SEPTIC TANK SLAB DRYVALL 8EWTeR ROUGH LATH SPRINKLER SERVICE SIDEllaw WELL POOL BONDING DRNEYWW IiANDICAP POOL DECK BONDING iMRKNkO FTN M NOTES SLAB BONDING RXX FINALNOTES: POOL E"`' ENERGY CONSERVATION FINAL E- FENCE INSULATION No ELECTRICAL E NT SHALL BE ENENIZDOCK tINTL VII�LLS FINAL "PECTTON IS MAGE. SE^ikL CEILING TM PREGERUQION HANDICAP ILLUMINATION iAEE PROT. CEILING FIRE FIRE LOT CLL~ WALL PANELS LOT FLLNQ NOTES: ROUGH TREES/SHRUBS FINAL r l ,'/,; r M FINAL #�lI`IAL "WARNING TO OWNER: YOUR. FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY CITY OF BOYNTON BEACH ' V RESULT IN YOUR PAYING TWICE FOR BUILDING DIVISION IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." B P 4 0 O L 3. 0 Date Applied: 11/22/10 Permit Type' P I N 1583160 719734 BUILDING PERMIT INSPFr`_TIANc ADC DCAi lt0GIR. 0100 IeAf'►ffe ear r%rn 08 1 43 �45 21 rropeq Address 559 NW 12TH AVE MILLER MCKINLEY 559 NW 12TH AVE BOYNTON BEACH FL 33435 561 737-9641 Additional Description RE -ROOF 3/12 PITCH,SHUTTERS,WINDO 16,695 Schedule of Fats 00 Lot 4630 Prepared By: C U E T O E Date Issued: 12/14/20 Permit No: 1000003501 ReWewed JAP HERRY HILLS, BOYNTON LTS 46 Contractor's Name/Addresslucenwatiephone RAYMOND GRAEVE 8 SONS CONSTR 7739 HILLTOP DR LAKE NORTH FL 33463 561 350.1341 - CGC1504980 EXEMPT ISCELLANEOUS BUILDING IMPROVEMENT * THIS PERMIT FEE IS NOT REFUNDABLE CREDITED 129.00 DATE- 12/08/10 RECEIPT#- 0056527 000000000 OTHER FEES: TYPE- DBPR BLDG CODE ADM & INS 6.45 December 8, 2010 2:58:42 PM Ion TYPE- DEPT COMMUN AFFAIRS SURC 6.45 REC/CEPT NOC RCVD TYPE- PLAN CHECK FEES 129.00 TYPE- PLAN CHECK FEES ,00 AUTHORIZED SIGNATURE x• ' .°::'.. '.F: ° `.-... . NOTICE: CALL 742.6355 FOR INSPECTIONS 24 HOURS !. r'%bVANCF (BEFORE 5:00 P.M.) Arey change In brAding plans • 'crfk-.atbm must be recorded with this offte. Any work not covered above, must hav.3. reliu permft prior m starting. In conshfarad n of the granting of this permit, the owlir, 5' o erect tKs stnrck ra in t,!! ar_Ifaace with the SLflk;'. 41 ' _ -1-M Ass 4 . '' of (;.i' 4s pernil Tee fs not refundable. INSPECTIONS ARE REQUIRED NO INSPECTION WILL BE MADE UNLESS PERMIT CARD DISPLAYED AND APPROVED PLANS ARE READILY AVAILABLE INSPECTION RECORD BUILDING PWING/DRNNAGB MECHANIM ku p-mr Delo hmpad r Dow r�.aw.•lor oar PILING SUB GRADE AR COND. FOUNDATION BASE SLAC! SLAB ASPHALT ROUGH SLAB EXCA N)ON HOOD SLAB PIPE FINAL COLUMNS BACKFILL GAS PIPING TIE BEAM STRIPPING NOTES. NOTES: FINAL FINAL COLON TINS PLUMBING ELECTRICAL —7— TIESEAM ROOF SW.AWK Nrapoclp DaEs paM (=URE PROT. ROUGH lar TEMP. Pott TIN CAP ROUGH 2nd SUB FEEDS FRA ANQ SEPTIC TANK SLAB DRYWMIL SEWER LAT4 SPRINKLER SERVICE SDEWYISLK WELL POOL BONDING DRNEWAY HANDICAP POOL DECK BONDING Pm"m NOTES. SLAB BONDING POOL. FNAL NOTES POOL RNCI- ENERGY CONSERVATION FINAL FENCE ICELING NN5ULATIiN l NO ELECTRICAL E QUIPmew— DOCK SHALL BE ENERGIZED UNTIL VOLLS FINAL INSPEC 11 IS MADE. SEAr1Y1Ll TREE PRESERI/17M HANDICAP ILLUMINATION TREE PROT. CEILING FIRE Wr CLENWO TILT WALL PANELS SPRINKLER LOT F NOTES: ROUGH 7REIESA*fIUBS FINAL FINAL FiNAL I Iow- a qr 11 rel"too a am a we Is 0 m ap lF aR la om l oral CFN 20100446202 OR RK 24212 Pr's 0458 RECORDED 11/23/2010 1501.49 Sam Qz camm Paltf Beach County, Florida Sharon R. Back,CLBR$ 6 COMPTROLLER mm�+g��zryanmotordmbVmvememwibbemadeboermbrelFop", v 713, r rtxEg;l61mflanm bidaNwkoof as- l— moo-5�Yi3v 1. Dncz rrmrl or raormy a4m a deacipUm and,tract adow if amtrbk) TAX Foeao NUMB= S. Rma ra^a NArq AIIIIAMAND 111110M NWSM AND MOND AMDDNr: 6. tAMMN NAUk ADDDtla AND MM XVIWaDM 7. lM�wlhkk dm endo afFmrida debpdW t7 owmer opoo wham wa m ar odw doean>aata fmq be aeived r 1Moridod by Sad= 713.13 (1) (m) 7., FbM& Swam MAN& AtrDRaaa AND MWNRNUarmD1 I. In saw= mmarlror haft K oo D dm*m" lbs 1u1goomig to waive a cm Of IN Lierpr'a Natio ar provided in section 113.19 (1) ld). Flmlda 90090 NAM 4MWUANDMWNaKUM=1IIr 9. ExpWm doom ofted a a[commoeoemml (lhe as "dm dam fi I year Som doe dm crma m ing mako a dituw Mo it V-Wsdy_' 2D. alrrahlsefQlnlerer FdWNameadFrovideS*Ldwy%Twbq pm OwnegA Idwrb W reap, Sbro or FICIII& C00* arFatm6enb ibe faegdogbaalmd wrr adDwakdpoil -6 rm dtlr er 20 Iy pnme of pem" Iftm of rub".—C& affi-. traema atromcy to An) For Gnumearpmljr mbrJtalrarwrho>a lomummt ma arlecuead)- �Fmroolip lspau�IM' ideu4Rcatloa: Be1'ioa M, Graeae Cmnmiaedan ;ftDD747261 Fdlpim: W. 0412012 IftStgmtraD pr r1�1� D mmsn rratr �retrrta goo NDnrc aa, nrbi. Um4e Falalde dpe�lny, i drpWe I have rod the fbregobDg and dut doe 91de in b ase tree b the bet of my knoxledap Mad beliot( W:*2 91.723, Flprlb tOr). dOwwp)�r Attluard OWerd D4rmor I FuearrgAmArpr -ho J" Wwm XEky 9�' By Nw.OrOW lS..o dIN6 r� �}f. r1' li. -'T'JE OF FLORIDA • 1.I! Y fiGAGi� � I Oray C�itlfV tt4$i tii. foregoing is a sru,, copy 4�.° t:.",Or.j 11 my Office if 1111C 20. e `" • ^ ` `fARG:d R UNK �PEPON CLUN- p mit4o, b swcturd Irk PluRaq moohmw PAZ Fgts$W Fn PDX ottw -a. I 4. a,g r v . a! 7.3 7 r Z.ECTION R310 FBC _07 _ DURING TIMES OF FHURRICANE PROTECTION, AT LEAST ONE MEANS OF EGRESS,(MAN DOOR) SHALL BE �ROVIDED FOR EMERGENCY EGRESS. Y) a ( A � 3 C. -D 3('X.63 3 x s'I C .3 7 x �ieovT �we+� acimmo DEC 0 6 X10 i1La NRGED VISION BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY #� •YS i RESIDENTIAL REHABILITATION SPECIFICATIONS' M I LiJ I -AWSION -� PROPERTY INFORMATION: PropsProps& Address: 559 NW 12". Avenue Boynton Beach Fl. 33435 Contact Person: McKinley Miller Contact Phone: (561) 7151555 -- - Building Description: Number of bedrooms: 1 2 1 Number of bathrooms: 1 Property Control Number: 08 43 45 21 14 000 4630 CONTRACTOR BID INFORMATION -rka- w Total contractor bid for work requested: $ . " I I �'I(� • Bid submitted by: RAY ignature: X —29 v�� The proposed work shall be completed within 45 working days. Q9Lfalytwc'4�1'* Client: I Boynton Beach Community Redevelopment Agency I Date: 16/30/10 Address: 1915 So. Federal Hwy, Boynton Beach, FI. 33435 J)PJ)Ar-rt;:0 q/a1110 This Rehabilitation Specifications Work Wrlte UR shall be submitted in its entirety, with the permit application. It shall fully disclose the scope of work to be performed, permitted and inspected. Final Pay Application and Project Close -Out: The contractor shall submit to the Boynton Beach Redevelopment Corporation with the final pay application. 1. Permit, product approvals, signed and sealed engineering recommendations and acceptance, stamped by the building department of jurisdiction. 2. One year warranty on all work in the contract as amended by change orders with the exception of new roof which shall have a 5 year warranty 3. Manufacturer's warranties on all products and appliances installed. Bid Documents: Contractor's bid will be based on to total bid price which shall include to total sum of all bid amounts on all individual specified items. Lead Based Paint: This building contains lead based paint therefore interim controls and safe workaI Itract' shall be practiced while performing the scope of work in this single family a re atio�iect. 6oyntm Beach CR ATIfth ReleaselMi11e0 1WO (2) LAYERS OF 30# UNDEKAYMENT BOYNTON BEACH COMMUNITY REDEVELOPMENMiMNSTALLEU VFTH MINIMUM OF 19" REHABILITATION SPECIFICATIONS OVERLAP ON PITCHES LESS THAN 4:12 Contractors shall provide all labor, material, equipment, and permits required by the building department of jurisdiction to perform the following 18 line items: 1. Description 6W A0 &-.1YZ Low Sloped Roof - Shingles on Main House ll' �� Lot $ . Qty Bid Amount Remove entire low slope roof covering. Replace damaged sheathing, replace 1 repair damaged rafters and related roof components. Contractors shall include in their bid replacing up to 10% of sheathing and rafter/trusses top chords. Damage in excess of " 10% " of sheathing and rafterttruss top chords shall be addressed in a change order. Replacement sheathing shall be a minimum 19132" plywood but may be thicker to match existing sheathing. In instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2007 Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Install two (2) layers of ASTM 301b. felt paper. Then install 40 year rated quality or equal, laminated (dimensional) shingle, self sealing, fungus resistant fiberglass shingies, to meet local building code. Install to code and manufacturer's specifications two (2) Metal *,Dome Vents, 144 square inches - Owens Corning VentSure or equal. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of jurisdiction. Note 1: Contractor shall submit an affidavit to Palm Beach County Housing & Community Development to the affect that the sheathing/decking nail fastening specification described in this line Item has been met. Note 2: Contractor shall replace deteriorated portions of existing 1"x 2" build -out for the drip edge at the top of fascia. If no 1"x 2" exists at the top of the fascia, the contractor shall install all new 1"x 2" primed and painted to match existing fascia color. Note 3: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub -fascia. No fasteners shall penetrate into_ the fascia o,1 X2 wood_ drip edge Waiter. Note 4: This item will have a mandatory inspection with the rehabilitation inspector. Note 5; Owner shall have choice of color. Note 6: One 36H layer of self adhering modified underlayment shall be placed above flashing In all valleys. Note 7: Plywood sheathing joints shall be covered with a 4"-6" self adhering bitumen secondary water barrier applied directly to the plywood sheathing. Contractor shall submit photos of the secondary water barrier when requesting payment for this item. ATTENTION: The front porch roof is less than 400 sgft. It has exposed roof joists and the underside of the sheathing is also exposed; therefore, the contractor shall use 314" roofing nails to secure the tin tags. Boynton Beach CRAAFinh Refesue Miller%Miller Write -Up 9-21-10.wpd Page 2 of 7 id � Description ?Ar, 2" 2 FAC -67 Qty Bid Amount qtJ t 3l/d 2. Very Low Slope Cap Sheet Roof w/ Slope Roof Transition Lot S 1,97 5 - Remove entire roof covering over carport. Replace damaged sheathing, repair/replace damaged rafters and related roof components. The contractor shall include In his bid the potential of replacing deteriorated sheathing up to 10% of the roof area. Sheathing damage in excess of 10% and severe rafter damage shall be addressed in a change order. Prepare existing roof sheathing and nailing per building code. Replacement sheathing shall be a minimum 19/32" plywood but may be thicker to match existing sheathing. in Instances where the sheathing is an exposed ceiling, replacement sheathing shall match existing and may be planks. All roof sheathing/decking nailing shall be brought up to meet the 2007 Florida Building Code. Existing fasteners may be used to partially satisfy this requirement and additional nailing shall consist of the required ring shank nails. Plywood sheathing joints shall be covered with a secondary water barrier. Place 16" wide, 26 gauge ,valley sheet metal along the length of transition from the shingles roof into the new fiat deck roof. Install a 4 ply built up roof system consisting of 75# fiberglass base sheet, 3 plys of hot mopped fiberglass finishing with a hot mopped mineral surfaced modified fiberglass cap sheet. New 3"x 3" metal drip edge (see note below) and flashing shall be installed throughout the entire roof system. The entire new roof system shall conform to building code of Jurisdiction. Note 1: Contractor shall submit an affidavit to Palm Beach County Housing & Community Development to the affect that the sheathing/decking nail fastening specification described in this line item has been met. Mote 2: Contractor shall replace deteriorated portions of existing 1"x 2" build -out for the drip edge at the top of fascia. If no 1"x 2" exists at the top of the fascia, the contractor shall install all new 1"x 2" primed and painted to match existing fascia color. Note 3: The metal drip edge shall be a minimum 3"x 3". Fastening of the drip edge shall be with nails placed into the sheathing, roof rafter, truss, or sub -fascia. No fasteners shall penetrate -into the fascia or 1x2 wood ddg:edge nailer. Note 4: This item will have a mandatory inspection with the rehabilitation inspector. Note 5: Hot mopped tar overlapping cap sheet and flashing shall have the cap sheet mineral granules spread on the tar to protect it from UV (Sun) damage. Note 6: Plywood sheathing joints shall be covered with a 4"-6" self adhering bitumen secondary water barrier applied directly to the plywood sheathing. Contractor shall submit photos of the secondary water barrier when requesting payment for this item. ATTENTION: This very low slope roof is less than 40b sgft- It has exposed roof joists and the underside of the sheathing is also exposed; therefore, the contractor shall use 314" roofing nails to secure the tin tags. "Prior to hot mopping" the contractor shall spray the tin4ags and valley sheet metal with asphalt primer from aerosol spray cans. 3. fascia Replacement ALL $ Replace ALL fascia and the first (south) roof joist. A minimum 6 feet must be maintained between joints or comers which shalt be mitered. Fill all nail holes in all affected wood, seal with caulking the seams of joints of wood where they meet the soffit and prepare for paint. Locations: All Fascia and the First (South) Joist on the Carport Roof Boynton Beach CRAT11th Release%MlllerlMiller Write -Up 9-21-1o.wpd Page 3 of 7 4. 6. Description Soffit Replacement- Soffit Screen Vents Qty Bid Amount Lot $ Replace deteriorated soffit at the electrical riser mast to the next joint or minimum 6 feet. Fill all nail holes and seal with caulking the seams of joints and where they meet the soffit and prepare for paint. Apply one (1) coat of acrylic primer/sealer and two (2) coats of acrylic finish paint the new wood to match existing soffit paint as close as possible. Replace soffit venting to match existing. Replace and soffit screen vent at the electrical riser mast and also on the fascia on west side of the house. "e: Contractor shall fasten loose fascia. Install Steel Structural Columns - Front Porch Remove the two wood columns a the front porch and install steel structural columns with saddle on top to accommodate fastening to the porch's structural framing. Fastening of the bottom the of column shall be in accordance with the building code of jurisdiction. Note 1: Prior to removing columns, the contractor shall install shoring and bracing to prevent potential harm to workmen and inhabitants and prevent damage to the structure. Mote 2: Touch-up paint affected finishes resulting from the replacement of the columns to match existing as close as possible. Inspector shall be responsible for determining if the touch-up paint matches as close as possible. Impact Resistant Exterior Doors 2 S/000 Remove the existing front and carport doors and jambs, prepare a sufficient door bucks, and install a hurricane impact resistant rated pre -hung metal clad six (6) panel doors. Patch to match interior and exterior walls, install new interiorwood casing and exterior wood brick mold. Prepare new door assembly for painting by washing with TSP and a light sanding. Door installation shall include keyed entry locksetwith lever handle both sides: "Schlage", Flair F51 and matching deadbolt or approved equal, deadbolt keyed one side to the lockset, peep hole, vinyl bubble weatherstripping, wind crash chain stop, and aluminum threshold. Note 1: Touch-up paint affected finishes resulting from the replacement of the door(s). to match existing as close as possible. Inspector shall be responsible for determining if the touch-up matches as close as possible. !dote 2: Contractor shall submit Impact Resistant Rated Dade County or Florida Building Code NOA's, stamped by the Building Department of jurisdiction, withV111p;j8plgics ct's close- out package. ��4 C � S `� is C -6l✓ T� Foe MIAIN(g)�� 7 Aluminum Hurrlcar3e panel Shu:rstt! i��o s $ Install a um�num umcane s rst ail windows. The hurricanes utter system shall satisfy the 2007 Florida Building Code for both impact resistance and pressure requirements. The aluminum hurricane shutter panel system, with stiffeners if required by engineering instructions, shall have aluminum channels permanently affixed to the building per manufacturer's instructions. Shutters shall be marked in permanent ink corresponding to matching window(s) and/or door(s). Boynton Beach GRAlF M ReleaseWilleAMIler_wrtle-Up 9-21-10.wpd Page 4 of 7 Description Oty Bid Amount Shutters shall be completely installed for the rehabilitation inspector's inspection, then removed and stored at a location indicated by the owner. Miscellaneous parts shall be stored in a sealed container and delivered to the owner at the project close-out. Note 1: Contractor shall submit Dade County Product approvals, stamped by the Building Department of jurisdiction, with this Project's close-out package. Note 2: Disturbed finishes resulting from the installation of hurricane shutters shall be patch and touch-up paint shall be applied to match existing finishes as close as possible. Inspector shall be responsible for determining if the touch-up paint matches. a. Paint Exterior Lot $ 3 a 0 Pressure clean thoroughly with water. Remove caulking from the expansion/contraction cracks in the stucco. Fill all cracks in the stucco with an elastomeric patching sealant "PIN - LOCK" or pre -approved equal. Patch and holes to match average existing finish, and lightly sand ALL WOOD. Contact the assigned rehabilitation inspector and request an inspection (24 hour notice to required) Upon Inspector's approval, proceed and apply two (2) coats of elastormeric paint for masonry application, "Behr Elastomerlc", or pre - approved equal. Apply one (1)coat of acrylic primer/sealer and two (2) coats of semi -gloss wood grade paint on exterior doors, wrought iron, and wood trim. Primerlseafer and paint shall be of the some manufacturer. ATTENTION: Contractor shall scrape loose and flaking paint from the gable ends after water pressure cleaning to provide a sound substrate for priming and painting. Note #1: Paint color choice shall be by owner in accordance with deed restrictions, homeowner's association, and building code of jurisdiction. Paint shall be limited to two colors. Note #2: Masonry surfaces painted with a spray applicator shall be back -rolled to ensure complete coverage. Note #3: Contractor shall comply with manufacturer recommended time intervals between coats of paint. Note #4: Contractor shall deliver a smooth full paint coverage over the average substrate finish. Roller and brush marks, runs, orange peels, and other defective paint application shall not be accepted. Note #5: Masonry surfaces painted with a spray applicator shall be back -rolled to ensure complete coverage. Contractor shall excavate and extend wall painting a minimum of B" below grade at masonry wall perimeter Note #6: Contractor shall cover fill cracks in stucco with an elastomeric patching sealant in accordance with manufacturer's recommendations prior to painting two coats of elastomeric paint. Total Bid Items 1 thru 8: $ d r Boynton Beach CRAIRM ReleaselMiller%Mller WnW-Up_9-21-10.wpd Tt Page 5 of 7 ATTENTION: The Boynton Beach Community Redevelopment may choose to accept fine item portions of alternates without accepting all of the line items within an alternate. ALTERNATE #1 �, Description T92ONATMAIMCRMCM MMRKSHAMMM, Qty B%1 ount 9.Re4nstall Wall A1C UnLot $ a Remove existing A1C unit from east bedroom window. Create opening as high as possible and re -install the existing AIC unit. Patch exterior with stucco and caulk as necessary for proper seal and water tight Installation. Patch interior with drywall to match the average finish of the walls. Provide trim molding for interior. Paint all affected areas to match existing as close as possible. Installation, electrical circuitry and electrical device for this item shall be included and comply with building a of jurisdiction. 10. Aluminum Windows ALL $ Remove existing windows. install new aluminum single hung windows wig framed screen. Bathroom windows shall have obscure glass. Provide modifications to openings and electric if necessary to accommodate the new windows. If existing window sills are disturbed, replace with bull nose file or marble sill(s). Patch affected areas and touch-up paint to match existing finishes a close -as -possible. Rehabilitationr� inspector shall have final acceptance on patched and painted finishes. 0 Note 1: Homeowner shall have choice of window frame color, Note 2: Three window returns have poor stucco patches. The contractor shall chip the stucco patches and smooth them with stucco to match the average finish of window returns. ALTERNATE #2 11. Drive Well and Deliver an Irrigation Pump System Lot $ Drive a well of sufficient pipe diameter and depth then develop the well system to supply well water to irrigate the property in accordance with health department and departments of jurisdiction. nt1' " n. pump to operate the new irrigation system. Fasten the new it gat on pump to 24"X24" concrete pad a minimum of 8" above the surrounding soil grade. The pump shall have a weather resistant plastic cover to protect the electric motor. Contractor shall install new electrical circuitry in conduit to service the irrigation system. 12. Weatherproof GFCI Receptacle I $ I e irrigation timer. , 4UEMML'#ORK8MUCDMPLYMT',' Boynton Beach CRA1Fiflh RelsaselMlflerlMlQer Write-Up_D 21-1D F d 4417ANA1 F! FMIM MDF Page 6 of Description 13. Irrigation Timer 14. 15. 16. 17. Qty Bid Amount $ g `7 Install a new irrigation system timer with a 24 hour, 14 day, Intermatic Auto Sprinkler timer, model T884PV, or pre -approved equal. Irrigation Control Valve Place an irrigation control valve with a "4 Zone Indexing Valve" FIMCO model 9254, or pre -approved equal. Plumbing shall include a back flow preventer device. Irrigation System Lot $ Supply and install a new irrigation system, utilizing the new well and pump system, as engineered by a certified irrigation professional. Irrigation system shall have plastic pop- up irrigation heads to irrigate the new grass sod, hedges, existing, and new trees. The new sprinkler system shall irrigate the front yard on a plane of the front of the house to the street and extending from the east to west property line. ALTERNATE O Remove Trees and Grind Stumps Lot $ 3 17 Remove all trees and grind stumps that are located in the front yard between the driveway and the "EAST" property line. Stumps shall be ground to a minimum fi" below grade. Landscape island - Robellini Trees and Hedges Lot $ 11 st Create a 240 sqft. landscape island in the front yard. Remove grass, till the soil, and place plastic edging around the perimeter of the island. Plant two double trunk Robellini palm trees with a minumum 5'0" of grey bark tall., one at each end of the planting island. Plant minumum 18" tall cocoplum hedges around the perimeter of the planting island 12" inside of the plastic edging. Place 4" of non -floating mulch on the soil in the planting island. Route the new irrigation system and add new heads to accommodate the landscape island and continue to sufficiently irrigate the existing grass. 16. IFloritam Grass Sod Lot $ Place a defoliant such as "Round Up" on the existing ground vegetation from the front yard on a plane of the front of the house to the street and extending from the east to west property line. After the defoliant has achieved its intended purpose; then strip the ground vegetation, level the soil and plant flodtam grass sod in the areas prepared to receive the sod. Contractor shall be responsible to irrigate the landscape island and sod with the new irrigation system, mow, and edge the grass until the project is completed and closed -out. Boynton Beach CRASFIfth ReleaseWilleAMillei Write-up_9-21-10.wpd Page 7 of 7 i MWMf/ 'IF M1AMI-RADE COUNTY, FLORIDA RED 0 • ` i KMR0-DADE FLAGLR BUILDING BUILDING CODE COMPLIANCE OFF[C O) 140 WEST FLAGLER STREET, SUITE 1503 PRODUCT CONTROL DMSION � AGAW FLORIDA 33130-1563 (305) 375-2901 FAX 05) 375-2908 NOTICE OF ACCEPTANCE ffgA GAF Materials Corporation Wayne, NJ �+0 Fi��"V �� Mile, SCOPE: OULDING DIVISION This NOA is being issued under the applicable rules and regulations governing the use of construction materials. The documentation submitted has been reviewed by Miami -Dade County Product Control Division and accepted by the Board of Rules and Appeals (BORA) to be used in Miami Dade County and other areas where allowed by the Authority Having Jurisdiction (AHJ)- This NOA shall not be valid after the expiration date stated below. The Miami -Dade County Product Control Division (In Miami Dade County) and/or the AHJ (in areas other than Miami Dade County) reserve the right to have this product or material tested for quality assurance purposes. If this product or material fails to perform is the accepted manner, the manuhcttm will incur the expense of such testing and the AHJ may immediately revoke, modify, or suspend the use of such product or material within their jurisdiction. BORA reserves the right to revoke this acceptance, if it is determined by Miami Dade County Product Control Division that this product or material fails to meet the requirements of the applicable building code. This product is approved as described herein, and has been designed to comply with the Florida Building Code, including the High Velocity Hurricane Zone of the Florida Building Code. DESCRIPTION: GAF Elk T mberftee Prestigme 40 and Timberline Coal Sedes Shiu�l� -L,4BELING: Each unit shall bear a permanent label with the man,j wwrees name or logo, city, state and following statement: "Miami -Dade County Product Control Approved", unless otherwise noted herein. RENEWAL of this NOA shall be considered after a renewal application has been filed and there has been no change in the applicable building code negatively affecting the performance of this product. TERMINATION of this NOA will occur after the expiration date or if there has been a revision or change in the materials, use, and/or manufacture of the product or process. Misuse of this NOA ars an endorsement of any product, for sales, advertising or any other purposes shall automatically terminate this NOA. Failure to comply with, any section of this NOA shall be cause for termination and removal of NOA. ADVERT9EMENT: The NOA number preceded by the words Miami -Dade County, Florida, and followed by the expiration date may be displayed in advertising literature. If any portion of the NOA is displayed, then it shall be done in its entirety. INSPECTION: A copy of this entire NOA shall be provided to the user by the manufacturer or its distributors and shall be available for inspection at the job site at the request of t6 Building Official. This revises NOA #09-1110.09 and consists of pages 1 through 5. The s4bmitted documentation was reviewed by Alex Tigers. NOA No. -09-M2- 12 Expiration Date: 04/2?J1W Approval Date:17J09/09 Pap 1 015 Roonw SYSTEM APPRovAL COO=. Roofing Sub-Cateriorv: 07310 Asphalt Shingles MDimensional Deck Tvoe: wood I. SCOPE This approves GAF -Elk Timberline Prestique 40 and Timberline Cool Series as manufactured by GAF Materials Corp described in Section 2 of this Notice of Acceptance. 2. PRODUCT DESCRIMON Product Dimensions DO Product Den ri tion SoecifWW'Ons GAF-FAffimberline 13'/4'x 39318 TAS 110 Fiberglass reinforced heavy weight asphalt Prestique 40 and roof shingle, with a laminate profile Timberline Cool Series 3. EVIDENCE SIIBMITTED: Test Age—Ra Test Identifier Test Netc rt Dam Center for Applied Engineering PA 100 02/23194 Underwriters Laboratories, Inc. ASTM D 3462 ASTM D3462 09/13/06 PRI Asphalt Technologies, Inc. ASTM D 3462 GAF -102-02-02 11/02/05 Underwriters Laboratories, Inc. PA 107 Modifed ASTM D 3161 04/13194 Center for Applied Engineering ASTM D3462 03/18/97 PRI Asphalt Technologies, Inc. TAS 100 GAF -045-02-01 01/13/04 PRI Asphalt Technologies, Inc. GAF -102-02-01 11/14/05 Underwriters Laboratories, Inc TAS I07 04NK04273 02/20/04 Underwriters Laboratories, Inc Modified ASTM D3161 05CA42940 11/11/05 PRI Asphalt Technologies, Inc. TAS 100 F,LK-083-02-01 10/16102 ELK -0$402-01 10/15/02 ELK -085-02-01 10/14/02 ELK -086.02-01 I W24/02 ELK -097-02-01 10/21/02 ELK -088-02-01 10/16/02 ELK -107-02-01 10/09/03, ELK -10"2-01 10/09/03 ELK -109-02-01 10/09/03 Underwriters Laboratories, Inc TAS 107 02NK41 S 11 11/11/02 Underwriters Laboratories, Inc ASTM D 3462 02NK41909 08/11/02 Underwriters Laboratories, Inc TAS 107 03CA35209 10/17/03 Underw*srs Laboratories, Inc ASTM D 3462 03NK26444 10/17/03 Underwriters Laboratories, Inc TAS 107 04CA13850 08/30/04 Underwriters Laboratories, Inc. ASTM D 3462 05CA04091 02!07105 Underwriters Laboratories, Inc ASTM D 3161 09CA2729I 08/27/09 Underwriters Laboratories, Inc. ASTM D 3462 06NA17047 01/04/07 NOA No.:094922.12 Expiration Date: 04x=3 Approval Dste: 12/09/09 Page 2 of 5 4. LEWTAT1ONS 4.1 Fine classification is not part of this acceptance, refer to a current Approved Roofing Materials Directory for fine ratings of this product. 4.2 Shall not be installed on roof mean heights in excess of 33 $. 4.3 All products listed herein shall have a quality assurance audit in accordance with the Florida Building Code and Rule 9B-72 of the Florida Administrative Code. S. INSTALLA11ON *5-1 Shingles shall be installed in compliance with Roofing Application Standard RAS 115. *11'5.2 . Flashing shall be in accordance with Roofing Application Sbmdm d RAS 115 5.3 The manufacturer shall provide clearly written application instructions. 15.4 Exposure and course layout shall be in compliance with DeWl W, attached. 5.5 Nailing shall be in compliance with DoWI B', attached. 6. LABFLiNG 6.1 Shingles shall be labeled with the Miami -Dade Product Control Approved Sea] or the wording "Miami -Dade County Product Control Approved". C H71pLW c;ciU Ty 7. BUILDING P]ERwT REQUI[1 Nwms 7.1 Application for building permit shall be accompanied by copies of the following: 7.1.1 This Notice of Acceptance. 7.1.2 Any other documents required by the Building Official or the applicable code in: order to properly evaluate the installation of this system. S. MANUFACTURING PLANTS NOA No.:09-0922.12 Expiration Date: 04/22/13 Approval Date: 12/09/09 Page 3 of 5 DETAIL A COURSE LAYOUT NOA No.:W09U12 Ezpi sdm Date: 04/2x113 Approval Date: 12A9109 Page 4 of 5 1; DETAM B OVERALL DEWENsms AND NAMING PATTERN 1 Front Side (Maximum Slope 12:12) I___. 1/2" F Front Side (Maximum Slope 21:12) Tab Sealant 1" 211 Back Side Release Tape i - Release Tape IF 31811 GAF -ELK TnVMERLwE PRESTIQUE 40 AND T NwERuoRE Cool SmuFs SHINGLE END OF TffiS ACCEPTANCE NOA Na:a9-M.12 Expiration Date. 04 22/13 Approval Date: 12/09/09 Page 5 of 5 39/8" i4Tl Qn V n FJ� 6 tastenersj� 72" �2" 7a1 IL I___. 1/2" F Front Side (Maximum Slope 21:12) Tab Sealant 1" 211 Back Side Release Tape i - Release Tape IF 31811 GAF -ELK TnVMERLwE PRESTIQUE 40 AND T NwERuoRE Cool SmuFs SHINGLE END OF TffiS ACCEPTANCE NOA Na:a9-M.12 Expiration Date. 04 22/13 Approval Date: 12/09/09 Page 5 of 5 MIAMI BUILDING CODE COMPLIANCE ONCE (ACCO) PRODUCT CONTROL DIVISION NOTICE OF ACCEPTANCE PXQ MIAMI -DADS COUNW, FLORIDA MMRO-DADF, FLAGU R BUILDING 140 WEST FLAGLER STREET, SUITE 1603 MIAMI, FLORIDA 33130.-1563 (305) 375-2901 FAX(305)R-6339 Jeld Wen, Inc. (OR) - - 3737 Lakeport Boulevards - Mamath Fans, OR 97601 BUILDING DIVIV)t' SCOPE.- This COPE:This NOA is being issued under the applicable ndes and regulations governing the use of construction materials. The documentation submitted has been reviewed by Miami -Dade County Product Control Division and accepted by the Board of Rules and Appeals (BORA) to be used in Miami Dade County and other areas where allowed by the Authority Having Jurisdiction (AEU). This NOA shall not be valid after the expiration date stated below. The Miami Dade County Product Control Division (In Miami Dade County) and/or the AHJ (in areas other than Miami Dade County) reserve the right to have this product or material tested for quality assurance purposes. If this product or material fails to Perform in the accepted manner, the manufacturer will incur the expense of such testing and the AHJ may immediately revoke, modify, or suspend the use of such product or material within their jurisdiction. BORA reserves the right to revoke this acceptance, if it is determined by Miami -Dade County Product Control Division that this product or material fails to meet the requirements of the applicable building code. This product is approved as described herein, and has been designed to comply with the Florida Building Code, including the High Velocity Hurricane Zone. DESCRIPTION: Series 6'8" W/E Outswing O ue Steel Doors - L.M.I. - w/wo Sidelites -- N . APPROVAL DOCUMENT; Drawl ,titled "S 'es cQ=iu1 Impact Door Up to 9'-01x '- " with and without Non -impact Sidelites' ; sheets 1 through 8 of 8, dated 09/11/2001 with revision E dated 09115/2008, prepared by PTC, LLC, dated 1110912008, signed acid sealed by Eric S. Nielsen, P.E., bearing the Miami Dade County Product Control Revised stamp with the Notice of Acceptance number and expiration date by the Miami -Dade County Product Control Division. MISSILE IMPACT RAmG: ,-P Large Missile And Small Missile Impact Resistant (Doors) w/ wo Non - Impact Resistant (Sidelitem) LIMITATION: Miami -Dade County Approved Impact Resistamt Shutters or Protection Devises are required for the Sidelites. $ LABELING: Each unit shall bear a permanent label with the manufacturer's name or logo, city, state and { following statement: "Miami -Dade County Product Control Approved", unless otherwise noted herein. RENEWAL of this NOA shall be considered after a renewal application has been filed and there has been no change in the applicable building code negatively affecting the performance of this product. TERMINATION of this NOA will occur after the expiration date or if there has been a revision or change in the materials, use, and/or manufacture of the product or process. Misuse of this NOA as an endorsement of any product, for sales, advertising or any other purposes shall automatically terminate this NOA. Failure to comply with any section of this NOA shall be cause for termination and removal of NOA. ADVERTISEMENT: The NDA number preceded by the words Miami -Dade County, Florida, and followed by the expiration date may be displayed in advertising literature. If any portion of the NOA is displayed, that it shall be done in its entirety. INSPECTION: A copy of this entire NOA shall be provided to the user by the manufacturer or its distributors and shall be available for inspection at the job site at the request of the Building Official. This NOA revises and supersedes NOA No. 07-0731.04 and consists of this page 1 and evidence pages F- I and &2, as well as approval document mentioned above. The submitted documentation was reviewed by Jaime D. Gascon, P.E. ISMMMM 11 NOA No. 08-1015.05 Eapiradou Date: August 15, 2012 Approval Date: December 12, 2008 Page 1 3eld-Wen Inc. OR NOTICE OF ACCEUANC : E ENCS SUBMITTED A. DRAWINGS 1. Manufacturer's die drawings and sections. 2. Drawing No S-2104, titled "Series Wood Edge Opaque Outswing Steel Impact Door Up to 9'-0"x 6'-S" with and without Non -Impact Sidelites", sheets 1 through 8 of 8, dated 09/11/2001 with revision E dated 0911512408, prepared by PTC, LLC, dated 11/09120087, signed and scaled by Eric S. Nielsen, P.E. B. TESTS 1. Test reports on: 1) Air Infiltration Test, per PA 202-94 2) Uniform Static Air Pressure Test, Loading per PA 202-94 3) Water Resistance Test, per PA 202-94 4) Forced Entry Test, per PA 202-94 5) Cyclic Wind Pressure, Loading per PA 203-94 S) Large Missile Impact Test, per PA 201-94 Along with marked -up drawings and installation diagram o€Outswing and Inswing wood edge opaque steel door, prepared by Certified Testing Laboratories, Test Report No. CTLA-696W, date 11/0112001, signed and sealed by Ramesh Patel, P.E. (Submitted under NOA # 02.1211.1$) C. CALCULATIONS 1. Anchor verification calculations and structnral analysis, complying with FBC-2004, prepared by PTC, LLC, dated 07/11/2007, signed and sealed by Eric S. Nielsen, P.E. Complies with ASTM E 1300-02 (Submitted under NOA # #7-073L 04) D. QUALITY ASSURANCE 1. Miami Dade Building Code Compliance Office (BCCO). E. MATERIAL CERTIFICATIONS 1. None F. STATEMENTS 1. Statement letter of conformance, no financial interest and compliance, dated 07/19/2007 by PTC, LLC, signed and sealed by Eric S. Nielsen, P.E. 2. (Submitted under NOA # 07-0731.04) 3. Laboratory addendum letter for Tesi Report no. CTLA-696W, issued by Certified Testing Laboratories, dated 04/1112002, signed and sealed by Ramesh Patel, P.E. ('Submitted under NOA# 02-1211.18) 4. Laboratory compliance letter for Test Report no. CTLA-696W, issued by Certified" Testing Laboratories, dated 11/1112001, signed andy h Patel, P.E. (Submitted under NDA# 021211.18) Jaime D. aeon, P.E. Chief, Product Control Division NOA No. 08-1825.05 Expiration Date: August 15, 2012 Approval Date: December 12, 2008 E-1 J'eld-Wen. Inc, QM NOTICE OF ACCEPTANCE: EVIDENCE SUBMITTED G. OTHERS 1. Notice of Acceptance No. 47-0731.04, issued to Jeld-Wen, Inc. (OR) for their Series "618" WE Outswing Opaque Steel Doors - L.N U. - wlwo Sidelites — N.I.", approved on 12120/2007 and expiring an 0811512012. H. LEWTATIONS 1. Miami -Dade County Approved Impact Resistant Shutters or Protection Devises are required for the Sidelites. 2. Miami -Dade County Approved Impact Resistant Shutters or Protection Devises are NOT required for the Doors. 3aIme D. oa, P.E. Chief, Product Control Division NQA No. 08-1015.05 Expiration Date: August 15, 2012 Approval Date: December 12, 200$ E-2 ts1E'88s'ifS lw O19 w$17Pdlilmm 419160d3]N aU ''WIC `mm -c w OW531M x X1;el1 13 It ®®�® 1 -� le sit iii ii11 r.r■.I ;, f�l u._. ..akx 4--mw i� 9 o INA � � Attu -8 *1 f t Attu i E 99 fiea m - 'M k7M4 not CIA slog Moo, palomino MIN VIA;; x Tg-. �tds . gimm saw Talam ab rT ge i —I . 9 Big WF 19 Na WB w ww w7yjyl�IGrM "Alt mm0 tr oma. M# . -ms M_i P!b a h Wo 91 6 ■��}�SUM'dwSNOMM Mom ww" 10 3w Dili moo Ni 4 NO`iTA1dNLM11►d• S3r1 t +A'M®AI6r}ri�3rlpMdD�_ oil! •� '4I a _ m R ---4 r to s, r. IT t n Nis11 f -19 LI � i p I A / 1 Q 4 S. ^ • t N ��OOOJJJ m Ju ' 4 �F--- --- ra In 0 i l 0 j + gull — — ' -L � T h now Imlonommm �rwrl'rMea��r Sw, �e:rua �svmw. �mj `1 -1��€ 1 p r T r3 7n ij -L � T h �mj -L � T h ttb6'�!I@'tt�R'Itd' l� YI91�1►'a 1?ll'p1110�7JC� y� n $j `u life I. lul RAN .' a M wa W =lllvA ib1Y6lNDdMM Woom Am TIF L rt � IR ° x a oOo : �0 0 This NOA shall not be valid after the expiration date stated below. The Miami -Dade County Product Control Division (In Miami Dade County) and/or the AW (in areas other than Miami Dade County) reserve the right to have this product or material tested for quality assurance purposes. If this product or material fails to perform in the accepted manner, the manufacturer will incur the expense of such testing and the AHJ may immediately revoke, modify, or suspend the use of such product or material within their jurisdiction. BORA reserves the right to revoke this acceptance, if it is determined by Miami -Dade County Product Control Division that this product or material fails to meet the requirements of the applicable building code. This product is approved as described herein, and has been designed to comply with the Florida Building Code, including: the High Velocity Hurricane Zone. iIDESCRI MON: VentSure Low Profile Slant Back Roof Vent withEa ftrior Loavr LABELING: Each unit shall bear a permanent label with the manufacturer's name or logo, city, state and following statement: "Miami -Dade County Product Control Approved", unless otherwise noted herein. RENEWAL of this NOA shall be considered after a renewal application has been filed and there has been no change in the applicable building code negatively affecting the performance of this product. TERMINATION of this NOA will occur after the expiration date or if there has been a revision or change in the materials, use, and/or manufacture of the product or process. Misuse of this NOA as an endorsement of any product, for sales, advertising or any other purposes shall automatically terminate this NOA. Failure to comply with any section of this NOA shall be cause for termination and removal of NOA. ADVERTISEMENT: The NOA number prweded by the words Miami -Dade County, Florida, and followed by the expiration date may be displayed in advertising literature. If any portion of the NOA is displayed, then it shall be done in. its entirety. INSPECTION: A copy of this entire NOA shall be provided to the user by the manufacturer or its distributors and shall be available for inspection at the job site at the request of the Building Official. This revises NOA# 05-0523.01 and consists of pages 1 through S. The submitted documentation was reviewed by Alex Tigera. NDA No 10-0512.02 Eip#rat:ioa Date: 03/04/14 Approval Date: 004110 Page 1 of 5 MIAMI MIAMI DADE COUNTY, FLORIDA METRO DADE FLAGLER BUR DING BUILDING CODE COMPLIANCE OFFICE (BCCO) 140 WEST FLAGLER STREET, SUITE 1663 PRODUCT CONTROL DIVISION MIAMI, FLORIDA 33130-1563 (305) 375 2901 FAX(305)375-2909 NOTICE OF ACCEPTANCE ffOA ' c- mom Owens Corning w One Owens Corning Parkway NOV 2 2 2010 Toledo, OH 43659 BADING DIVISION SCOPE: This NOA is being issued under the applicable rules and regulations governing the use of construction materials. The documentation submitted has been reviewed by Miami -Dade County Product Control Division and accepted by the Board of Rules and Appeals (BORA) to be used in'Miami• Dade County and other area where allowed by the Authority Having Jurisdiction (AHD). This NOA shall not be valid after the expiration date stated below. The Miami -Dade County Product Control Division (In Miami Dade County) and/or the AW (in areas other than Miami Dade County) reserve the right to have this product or material tested for quality assurance purposes. If this product or material fails to perform in the accepted manner, the manufacturer will incur the expense of such testing and the AHJ may immediately revoke, modify, or suspend the use of such product or material within their jurisdiction. BORA reserves the right to revoke this acceptance, if it is determined by Miami -Dade County Product Control Division that this product or material fails to meet the requirements of the applicable building code. This product is approved as described herein, and has been designed to comply with the Florida Building Code, including: the High Velocity Hurricane Zone. iIDESCRI MON: VentSure Low Profile Slant Back Roof Vent withEa ftrior Loavr LABELING: Each unit shall bear a permanent label with the manufacturer's name or logo, city, state and following statement: "Miami -Dade County Product Control Approved", unless otherwise noted herein. RENEWAL of this NOA shall be considered after a renewal application has been filed and there has been no change in the applicable building code negatively affecting the performance of this product. TERMINATION of this NOA will occur after the expiration date or if there has been a revision or change in the materials, use, and/or manufacture of the product or process. Misuse of this NOA as an endorsement of any product, for sales, advertising or any other purposes shall automatically terminate this NOA. Failure to comply with any section of this NOA shall be cause for termination and removal of NOA. ADVERTISEMENT: The NOA number prweded by the words Miami -Dade County, Florida, and followed by the expiration date may be displayed in advertising literature. If any portion of the NOA is displayed, then it shall be done in. its entirety. INSPECTION: A copy of this entire NOA shall be provided to the user by the manufacturer or its distributors and shall be available for inspection at the job site at the request of the Building Official. This revises NOA# 05-0523.01 and consists of pages 1 through S. The submitted documentation was reviewed by Alex Tigera. NDA No 10-0512.02 Eip#rat:ioa Date: 03/04/14 Approval Date: 004110 Page 1 of 5 'ROOFING ASSEMBLY APPROVAL Ca o s Roofmg Stu bb -Category_ 07720 Static Roof Vent Hi a� Steel TRADE NAMES OF PRODUCTS MANUFACTURED OR LABELED BY APPLICANT: Test Product p uc Dimes Specification De$c� r ription Ventsure Low Profile Vent.- 2-3/16"x 18"x 24" TAS 100 Galvanized metal roof vent Slant Back Roof Vent Deck Flange: 23" x 32" with Exterior Louver Thickness: 0.0217 inch. MANUFACTURING LOCATION: 1. Rohnert nark, CA. EVIDENCE SUBII1ITED: T` t n ci ntilier Name ReR r Date PRI Asphalt Technologies, Inc_ TAS 100 OHI -00702-01 11/06/03 NOA No 10-05MO2 rw� Expiration Date: 03AW14 Approval Date: OWM10 Page 2 ors APPROVED APPLICATIONS: Deck Type: Wood Deck Description: "/32" or greater plywood or wood plank System Type A: Mechanical attachment of vent for shingle roofs Cutout: Mark a 11" x 11" opening centered between layout lines and aligned. approximately 18 inches from the ridge, and as seen in Detail "A". Set blade to thickness of sheathing and cut opening. Brush away sawdust and debris. Installation: Vents should be evenly spaced on the rear slope of the roof. Center vent in opening and set it in a'/4" thick by 3" wide bed of asphalt roofing cement. Secure vent to the roof deck with 1-1/" x 3/8" galvanized ring shank roofing nails spaced approx. 4' o.c. and 1" from the outside edge of the lunge (See Detail "B" herein). Use a minimum of 18 nails per vent. Seal all nails and vent flange with an approved ASTM D 4586 roofing cement. After vent is secured install baffle in a y4" thick bed of asphalt roofing cement, and secured with 1-%" x 3/8" galvanized ring shank roofing nails spaced 8" o.c. for a total of 3 nails. Seal all nails with an approved ASTM D 4586 roofing cement. Net Free Area: Refer to manufacturers published literature A.+1[14IY'h"ATIONS: 1. Refer to applicable building code for required ventilation. 2. The installation shall be applied in compliance with the manufacturer's current published application instruction and the requirements set forth in applicable building code. t 3. This acceptance is for installations over asphaltic shingle roofs only. 4. Ovens Corning Vents= Low Profile Slant Back Roof Vent with Exterior Louver shall not be installed on roof mean heights greater than 33 feet. 5. All products listed herein shall have a quality assurance audit in accordance with the Florida Building Code and Rule 9B-72 ofthe Florida Administrative Code. 6. All approved products listed herein shall be labeled and shall bear the imprint or identifiable marking of the manufacturer's naive or logo and following statement: "Miami -Dade County Product Control Approved" or the Miami -Dade County Product Control Seal as shown below NOA No 10-0512.02 Expiration Date: 03/04/14 Approval Date: 08/04/10 Page 3 of 5 DETAM "A" =1,CLIT& A11b**1tfd"in 1. I PLACE 17 1aeh. x 11 1whIWIL 5. COVM Mophr"*umbw;dvr& 2. SEAL. w* 4. S9CM Afudsm&4 bpw**, 6.'TG++i 1 iod� ortf.p aid NOA No 10-0512.02 Expiration Date: 03/04/14 Approval Date: 08/04/10 Page 4 of 5 Detail "$" BAFFLE • €� e w 2311 • 24" g FLASHING FLANGE 32'[ END OF THIS ACCEPTANCE 23/1611 MIAMF amw* WELDING CODE COMPLIANCE OFFICE (BCCA) PRODUCT CONTROL DIVISION MIAMI -DADS COUNTY, FLORIDA METRO-DADE FLAGLER BUILDING 140 WEST FLAGLER STREET, SLATE I107 MIAMI, FLORIDA 33130-1563 (305) 375-2902 FAX (305) 372-6339 NOVICE OF ACCEPTANCE OA e Eswson Industries, Inc. 8s0I N. W. 90x` Street 111"tu —1 x ICV Medley, FL 33166 SCOPE: BUILDING DIVISION This NOA is being issued under the applicable rules and regulations governing the use of construction materials. The documentation submitted has been reviewed by Miami -Dade County Product Control Division and accepted by the Board of Rules and Appeals (BORA) to be used in Miami Dade County and other areas where allowed by the Authority Having Jurisdiction (AHJ). This NOA shall not be valid after the expiration date stated below. The Miami -Dade County Product Control Division (In Miami Dade County) and/or the AHJ (in areas other than Miami -Dade County) reserve the right to have this product or material tested for quality assurance purposes. If this product or material fails to perform in the accepted manner, the manufacturer will incur the expense of such testing and the AHJ may immediately revoke, modify, or suspend the use of such product or material within their jurisdiction. BORA reserves the right to revoke this acceptance, if it is determined by Miami Dade County Product Control Division that this product or material fails to meet the requirements of the applicable building code, This product is approved as described herein, and has been designed to comply with the Florida Building Code, including the High Velocity Hurricane Zone. DESCRIPTION: Se " Mounted)" Aluminum Situ le $ung Window - Non Lnnact APPROVAL DOCUMENT: Drawing No. L-7600-0402.. titled "SH -7600 Sirmle Hun„g„Fiu Window, sheets I through S of 5 aced by the manufacturer, dated 09/20!04 and l sealedast revised on QS 201 signed and by Thomas 7. Sotos, P. E., bearing the Miami Dade County Product Control Renewal stamp with the Notice of Acceptance number and expiration date by the Miami --Dade County Product Control Division. MISSILE IMPACT RATING: None Impact. LIMITATIONS: Miami -made County Fzoduct Control Approved Shutters Or protection Devices Shall Be R"iired. LABELING: Each unit shall bear a permanent label with the manufacturer's name or logo, city, state and following statement. "Miami -Dade County Product Control Approved", unless otherwise noted herein. REVISION of this NOA shall be considered after a renewal application has been filed and there has been no change in the applicable building code negatively affecting the performance of this product. TERMINATION of this NOA will occur after the expiration date or if there has been a revision or change in the materials, use, and/or Manufacture of the product or process. Misuse of this NOA as an endorsement of any product, for sales, advertising or any other purposes shall automatically terminate this NOA. Failure to comply with any section of this NOA shall be cause for termination and removal of NOA. ADVERTISEMENT: The NOA number preceded by the words Miami Dade County, Florida, and followed by the expiration date may be displayed in advertising literature. If any portion of the NOA is displayed, then it shall be done in its entirety. INSPECTION: A copy of this entire NOA shall be provided to the user by the manufacturer or its distributors and shall be available for inspection, at the job site at the request of the Building Official. This NOA renews NOA No. 09-0720.06 and consists of this page 1 and evidence pages E-1 and E-2, as well as approval document mentioned above. The submitted documentation was reviewed by Jaime D. Gascon, P. E. herar�p4� NOA No. 10-0412.03 Expiration Date: July 07, x015 J� 1 Approval Date: May 14, 2010 '� n Page I Lawson. bdusWes, Inc. NOTICE OF ACCEPTANCE: EVIDENCE SIMMITMD A. DRAWINGS 1. Manufacturer's die drawings and sections. 2. Drawing No. L--7600-0402, titled "SH -7600 Single Hung Fin Window-, sheets 1 througb 5 of 5, prepared by the manufacturer, dated 09/20104 and last revised on April 05, 2010, signed and sealed by Thomas J. Sotos, P. E. B. TESTS 1, Test reports on., 1) Air infiltration Test, per FBC, TAS 202-94 2) Uniform Static Air Pressure Test, Loading per FBC TAS 202-94 3) Water Resistance Test, per FBC, TAS 202-94 4) Forced Entry Resistant Test, per FBC 2411 3.2.1, TAS 202-94 and AAMA 1302.5 Along with marked -up drawings and installation diagram of aluminum Single Hung Window -Fin mounted, prepared by Fenestration Testing Laboratories, Inc., Test Report No. FT"284, issued on September 14, 2007, signed and sealed by Michael R. Wenzel, P. E. (Submitted under previous NOA No. 07 1029.05) 2. Test report on: 1) Air infiltration Test, per FBC, TAS 202-94 2) Uniform Static Air Pressure Test, Loading per FBC TAS 202-94 3) Water Resistance Test, per FBC, TAS 202-94 4) Forced Entry Resistant Test, per FBC 2411 3.2.1, TAS 202-94 and AAMA 1302.5 Along with marked --up drawings and installation diagram of aluminum single hung windows (Fin/ Flange mounted), prepared by Fenestration Testing Laboratory, Inc., Test Reports No.'s FTL-4324, FTL-4350, FT"346, FTL4363, F77-4323, FTL-4406 and FTL-4405, all dated November 08 and 12, 2004, all signed and sealed by Edmundo Largaespada, P, E. . (Submitted under previous NOA No. 05 -0928.02) C. CALCULATIONS 1. Anchor verification calculations and structural analysis, complying with FBC-2007, prepared by the manufacturer, dated 08/04/09, signed and sealed by Thomas J. Sotos, P. E. Complies with ASTM E130042 D. QUALITY ASSURANCE 1. Miami --Dade Building Code Compliance office (BCCO). Jaime D. Gascon, P. E. Chief, Product Control Div#sion NOA No. 10-0412.03 Expiration Date: July 07, 2015 E-1 Approval batt: May 19, 2010 "A" -W1 -"—a ---m mm ,.. ' "W BION w SNOILYNASUMOa '"OUVAM GRAMWV xoamIx NLd omm moms om—I{S wov a.. W"B 'L ONVW 1=U1 S"m ssm Mo, SAOM111 p11WRan .t. rmb do Ar"n 7Mmm +na s -s re -ten emc " Q. 40— w pmpo -R-- 0691-969 ON) -am Nd o-mwo 'mw .b4 0.9 '1S O6 W14 IOCG +--m e-- i jvt Oft ubm a+w w Ai 4- �o a .0 AA s- ' O N\ - r cr A/E FU i� A l7 RR = m LH913i Nld AMIA A/C SL .9/E SL R d a 2Ui0-00967e.. ' --4w F...v ma Onum Im ani/a18 8Ca !? vL= 7vtl=m am .ns c mea 't ..� P„� 1yy 3t �tl6 eAoaxift mu 9Nnx WIDNIS 009 �. .—HS QAMM +a+w►ew Rai SNM Uno ?NY sxmu anvrXmY la mb to majorynAm OiYY-9BP iGOfi 'w+ lid .w w+ w r.e�.+ W.r wn..o a r3 991ff YQF>s 'A310�JA •SY � r+w a MOM Para -ftM .% W + oNwe �■ w .,erg awn nyaao ,o 06 'M'H IOSY %� /�j� l Y O �1i�1 r app y. P.�, o.� . A ti M+aw .w� nw.q ti ra am o —I fi im 3A; 3ia o SPIN r � •t:r �. 4 Rai } 3myIs Sm y14 0wlfly-.:N� 5 E"n't ter... FW 86"0 QiBJ. MOM All S, UM Q IM KwM a � p W pRRhq p p A m sOm p p A RRl7 RR19R Rf R Kf I� ANN N NNry pp R PJ 1� f fm f @mf @@ nM1h VY � e VF' w.. I-1 1 Aff woI -HS "II"' -" MOQNIAk NI3 JNf1H TIONIS 009L n2A. -ft. MWO ssrW aAW UWAVr OFHANDW airrmb da �NAWFWIAfVN •,.a .l� W eo uoa .y1 Y"4aom p emY�m +�.. r-" y osao-gas I60s7 'CH va a .raj PMOw49 V11w1 ,ah � 'la Qm 'M'A R ass 6 Dra .i W =0 1 rL V Y o w, r .,�, w.o �o . W- •,eq 1wr �Mi . tm177 P1PYV pOw 11dA iF IYArW /r qe0. tm� PMS Y �M Mwlwf Nr+NwNNNNN.919 NN NNT7TTTf V'#'fYT 6 �s'NR NNrvNN10q Rtl1977•T OmmTmhM1M1Om K C •4 S C •d � x aop��wO •p C O 1 U t9TmM1h¢7NM1mP�f mmQl�wm N. M1 W 1A srowa ''. �O� m h @ m ,n, h h@ M1 O@ m h M1 A m m@ 'C :, u t Y h h• C n Y! g W �3a C C} �� C a S 6 m • • y 013 e a0 e O a OOOO C d C O a O. OOOO 0 0 0 O N O M1 qyO rO N me do r L m �� i yy• 0pp600 O 0 e0Q pQtl 9 9vry Q N 'W! d O 4 Q IA�f11p0 A W Om p O C$ S ••y IO fR�~OPO C e ab 4pe p4q QOC$�000$e4�or$gOtrprylA 4ppD q O Q O 8000 m r a n p4 b •d pOptlo pOp mm rN �fm$ e •m T} 4 0 0 0 P S a e m c W T MW 1 .-rr.. �. rrrrrrrr :r0T y08 .. aM10 yr rrr �y w= a346��FgdnAwp n b e e e o 0 o d o 'o v b o opoC�d M1M1 m O m N m mT r rl r.d la m mm 'm' ff O y@ Q 4 N r n a�`�'cidOdeGeepei d d b d@ M1 IIZ=hM1 a e e e e o o ap 1�OeR b d pppcpeppd6c e O_R-R n m@ n n tl h o d d ppdopO R -C P 9 is • i��1i riYX@ 9 m myS :4 iJ1IM YTr � �1-'{L Yi V qq N �prym w NN E O [y �yMHH e 4 0 O C 0 0 NNNN� 4 O q, e O e e p O O O 0 �Wp N WI Pi ILL • ai @CNN RIO O O m M1 h N O v 0 Q 0 0 0 0 ��ff %A!Nm a pp g 6 lryy CN a Nm N N�.1 ON LN n47 E�� ,� •m Yi: n/+f*i70A OOOa h* _0 h a Q h h R*�fO oOOO h F @pi pj o Ge h F eCcs h 1� �N(N i�IM 4 1 p m �s -�10 P O 9 a0 h R o d0 A 1 � h o C h h C aN: h h 00 h M1 a M1 F t1 11 11 OOOG h AFF m' 1� m 1 tl C E a N w: • �LL O •a y. _ YL Y m 41wPAN q N m10 MOM1N m NN 70m PAmm 1NNIO yd 1001 W FNN N U. e a; OM ELL O Q Yarm n p1 m mh rvN 1041 AN ypp 7�N mOM1N btl hN Nm@M1N No1N mW p��h b ��' It' m • • ytlte MOOWW mdO NllN NNl11NN mm �A Nhe n AWrry IdVN h 11�ae 104N a S~ °'��^NwN h I rv1q� Wm 1� m ®1Pm p m Rr1r1 wr' T tl9 T wlm d7 Y m x R 11Sy�1 N 07 OCm WWyNNmHNN1NYWWWAAA 7 t Y p��r�rr 2 m N N NryfV'NPf' N m NN@ W blObj 1047 pm+IN CCmQmm�+r•r• C7 47 N NNNT�' m Mf IA - Y fi Yv N N .- tr N ' Y1 N 47 1p ' a7@ , N N N N rrT+- N N • , 4mNNNNNN ' NN 471043 HKN sfe ==[9hN _ mm Ntm�[LY m A [I lln d«~ m'mm m09 rY.YSSS=Z� T1a Nllq W NNN m W a wYs R R li pltl m mv1 �f0 n i • N NN06N 1919 PYm VlTTT�7Ym mmT'pY 9 N Cl N N N N l7 N R W Y9 NTT @@@ m@ h A M1 M1 w e i4 3 A E L C iQ ; u T f M1h to III m rrTF m��@!` ma0m v _ n op r d V T Tn h m qTm Q m aT A N�a �� h ;tee 1�1e �ui6 3s�rc aE ae m` G Sd�� y E o 0 o p e e e e p 0 a 0 0 0 0 o 0 n o e o@ N 0 0 o a�gCi Z• P 0 O a 0 0 o g 0 0 0 P o d g P P o 01, P o 0 0 a P 0 0 0@ 0 d 0 0 G O 0 o M1 e N 0 y,m w "," ry9 d w 0 nG 4 0 00098 P 0 0 P a e 0 0 909 e o e e' P m a C,00 e 4 O m a � O N@ 7V 'g O Fogumli1 m wall" y = w 0. CL d 0 300020 0-1-19 0 a a 0 0 c G 0@ 0 G a 0 0 c oo 0 0 G 0 0 m T a r O N e F p r tl � P r r r r r w r r r m r r d m M1@ r h@ 10 T T = ?1 y= r FIR r r r m P m N Q w m WTv� w«_ E + 000000 Q P O g 00000 0 0 0 p 0 0 px0000 0 0 0 P O m$ 0 0 NOO T I� pp m m ir'� • E �� / • @ 0 0 R 170000 0 0 0 0 0 800 0 a P 0 PP p P q RR p Mppa o 0 4 P*o P O O C 0 A`�d • ` d y 0 AAAh OOOP190d l� h A h h aad00GCO00p A A hA huh 0111 @41V 014f V B� E v M1COG AAA1� 00 M1M1h Coo 0 M1hFFA P O alga a hP a a Fh 00000 F ^•F A}`A ILL rEr • C w I X0 10 M1N 10 10 TSN N 10 a•N N W 0 10 M1N Z m LL Y r N hN 10 10 41 M1N 4S o hN o 10 10 AN 10 VI O d 7 W f9 to FN o! ANtialRmmNti to a 1- Nm 17m 010 M1N @lpNti�10mp� N1p A@M1N1`! QhR y Y '7 O 10AmF NM1 NW mpjN W mhNCi100@hNNON@h �10m0314 a10In mO'y Nn h �S •Nh P>A 01T l4T M1 p1♦ 1` 0T h h mZ 19T 0lo �` OIf r` d1Y F 0T y Y7'YNN^�mOq Yo10u7m 10 N N hlp,@@@ n 10 10A @ p @r 0 om» M +[ Y7 1a 1n 1n 471010 �NrmNYI g 111f001 ul YI m@@@@r^NNNN N� N N N R O 11101001110 i r ap m m m m m Ntw-; N N N N N N wo h 10 to �.- O m P 9p m 41 N N N N L4 9OmNm1a Nr+NwNNNNN.919 NN NNT7TTTf V'#'fYT 6 �s'NR NNrvNN10q Rtl1977•T OmmTmhM1M1Om K C •4 S C •d � x aop��wO •p C O 1 U t9TmM1h¢7NM1mP�f mmQl�wm M1 W 1A srowa ''. �O� •d Y 6 TT M1Fm��mmm r"nQ�rr O mr OY� Y! g W C C} �� C a S 6 m • • y 013 e a0 e O a OOOO C d C O a O. OOOO 0 0 0 O N O M1 qyO rO N me do r L m �� i O pp O O O OO O m O 0 0000000p 0 0 0 0 0 0 0 S 0000 0 6 6 P d O 4 Q en'e Q m A C w e a M p p O C$ C e e Q g a Q O q O Q m N g® m r a n V n b m A 0 C r 0 y 6 o T$ o$ o$ T} 4 0 0 0 P S a e m c W T MW 1 .-rr.. �. rrrrrrrr aM10 yr rrr rr r riYX@ 9 m YTr � w NN E O o O e 4 0 O C 0 0 P P 0 4 O q, e O e e p O O O 0 e a e 0 O 0 0 0 O 0 O !0 V O O m M1 m• 0.� E O v 0 Q 0 0 0 0 0@ q a pp g 6 O 4 n e 4 O p O e e p 0 e O 0 0 O 0 0 O O 0 CIO O O 0 O 0 a E 3J • om? n OOOa h* _0 h a Q h h QCO M1 M1 oOOO h F (� F C h F o Ge h F eCcs h 1� A 4 1 p m Y 7 v �'� `g # ; P O 9 a0 h R o d0 A 1 � h o C h h C aN: h h 00 h M1 a M1 F t1 11 11 OOOG h AFF m' 1� m 1 tl C E a N w: • �LL O •a y. _ YL Y m 41wPAN q N m10 MOM1N m NN 70m PAmm 1NNIO yd 1001 W FNN N U. e a; OM ELL O Q YL 0'_ n p1 m mh rvN 1041 AN ypp 7�N mOM1N btl hN Nm@M1N No1N mW p��h b ��' It' m • Nh®m m�NAO W m^N�@1Ampj Nhe @ h m •Nh00m�N 0mmljNA 1� ®1Pm III i e7 T tl9 T d7 Y m x R T 07 7 07 7 t Y p��r�rr 2 m N N gig N m NN@ W blObj 1047 m CCmQmm�+r•r• C7 47 N NNNT�' m Mf IA - Y fi Yv N N .- tr N Y� Y1 N 47 1p 47 Nl a7@ m mm0rw N N N N rrT+- N N ;r 6lmmm 4mNNNNNN NN 471043 HKN NN 0 'xr mm mmmmNNfVNNN NNryNNN ooaimin10 AV '"Lao VMM') 'W"D allVInSMI * 01HMMOR /A Mm avmm HOWIVsnag I A0aKIA► NIS 'DNnH MKIS 0091. -HS E SLroda 88r7a army SAmmu w4ArrjFn7r . unfid do Arm araYMAWX wi YW Aauea w PrN>w wIN ttr�m 1, 0994-969 (sat) 'ON Hd � /7' +wp sm at Mwt pwm.- auet ,9/1 s.0 99Ltf r'DdoI-A ',L310311 l ,L h �y � .r7 �.�.,• awa�uw n w REP roam' a 15 06 'A['N Lgtp `J Jf /�`] '/H ++n t Uwa e.rw ow w0 1w llpww f'• ga1p1 ewp Ptetlitb Y M O a 6 a S r all? g 0 9 N bMN we: . G = � o a w aMi v QY bQr med 0 0 46 Wa I ~ O O a m L? Q am, w m p 4 a S� 4000 O OOOOO qq Dq p p C m O g O p p m p g O D O bmt41A O p Q p w q 0 H W Omm p�Z G y 4 OOq c O q'o g04—p Oq OmOOm ciW �iwDFp m =4 23 u�03 a d g O 6 4yi app 0 0 p e5 0 0 O W go000gq0000Is, a p a o IC o W g m O aimm4 q oe7O t. p 1. F{r i M1� AA NPM1 Rti�-PW Et4 y,� mO N w 0 wu7 b n m� w -i- m N h e7 N r N N m W M1 N m n m h N N m 1p 1A N F N h m b m W pp F I W 117 M y'� r.N W W m m 0 �rrr N NM l H .06 -r+ ram O KJgq N N N N '04 7T @3 W mm -L a� .wWWu1ri mmWNNN Nt'tN��NN� 10mmmmm.. -, to* tV N i NNNN 1u in m nq 1n 6 a S r all? g 0 9 ■„may aro a —1 am -00969 ,+w■n j �wl.�r>~w+r>ww ww 6NY190 aelaYia aNv 18Dri:a A781f986(r 'e'llrtaa mmnum 's'w=,Lvn d0 TIN i..■r,,.■ '■gas '1 A NINIA KU DXrIH Troms 0091E—HS e N SNOW FSM Or? SAWV111 wnArranry .ilMM& io BsMMV Fn M 'R`a • 71R v.� A/u1.. a o77pw N77. 0184—ses (£0£) -GN M4 /8t£i OWE�ffix/%/� •7NS 4�i n ..� pWeq y1.■ LS h7a as M N�LOlY NO S1i1 V7 v��.Y ■4m»/• r* .m A y1 $1 pp N N �j W i3 4 Y N Y qmYOYn says Yd0. �+■ �4 a N U X iK % 7� q, `•' Q$ W � � � 6 m � m` � � C � m m m G � � r V s CL cc IL a s ?Rd 132 r Y y [tl]i y�� J � � � v� m e� 1=! 7}�S � N 7 � } J } � � � � � S � � � {7,��77 1{ •u-1 $ u¢y��iY.F T�11HJ�Igfee 4 i �7 4Wi7 yrsy7 ~ �1�t yye � � j T i 7 a �. 4, T w T i. 4 f� 7 J3 QQQQ � yod7 4S� 1-46M yy-y ww wNN N N N N t Ol f N ,�,� N w M O! pG „� ¢¢ O of 4 11- -zv of -0- a N y flr N G s i 4 n 7. n � n n r� ■ ■ ■ a ■ r ■ J J J J J L J J 9 m 1 ■ ■ Y ■ ■ R ■ ■ ■ Y r r 7. r n '�r. ■ ■ r Y � ■ Y ■ ■ J J � 51 ` r m a4 10 y.a a 0 MmWay, Nmember 29, 20101227 PM John Nilles 772 875 9WI A01 KING CODE CWHIJAMC>t OL'FIC>f (6CC0) PRMUCT CC OL DIMION lHr-awE COtmW, PLORMA MEMO-DADE FLAGIER BUILDING 140 WUT FLACLU nRW, St7M 1643 rq ``,�� ttxl+ti; F1.URIIiA 3313(1.1563 ! `! 0305} 975-29o1 PATI (303) 375.2406 i ONCE CF ACCEFTA11dCE (NIDA) „ ldh lines llaawsost b dusqies Inc. 8501 NW 90 Std CORRECTED Medky, FL 333,66 BUILDING DIVISION Scors: This NOA is being issued under the applicable rules and regulations goveaning the use of CoM&UcfiCkd rnaterW$. The doeualaatatM submitted has betas reviewed by Mitu'-Dade C�otmty Product Corot W Division and accepted by the Board of Rules add Appeals (BORA) to be used in Miami Dade County and other areae whaae al lowed by the Authority Having iuttisdiction (AHS. IWA NOA SW rat be rralxd aftef the expiration date stated below. The Mutmi Dade Cotmty Product Control Division (In Miami Dade County) atWcir the AI3T (in areas other, thea Miami Dade County) zeserve tate right to this product or material tested for quality assurance purpoocs. W this product or mUerW fails to perform is the accepted manner, the manufacturer well incur the atpense of such teWng and the AHI may immediately mvobo modify, or suspend the use of sucb product or material within their jwisdkf=. BORA reserves the right to revoke this =Mance, if it is determined by Mami Dade Cvaurty Product Control Division that this product or material fails to greet the r5QWXMbnrs of the applicable building code. 716s product is app nmd as described herein, and has been designed to comply wM the Modda BWIft Cie, including the High Velorhy Hurricane Zone DESCRUMON: ALug&urm _Tube ill+follboa • L.ALL . APPROVAL DOCUM&m,; Drawing No. M95. tided "AlununumTube MulUme , sheets 1 d=u ,., pmpamd by A9 Puwq Corporation, dated 09/28/95, with lit revision on IM916, signed and sealed by Humayuuo Fa", P.H., bearing the Miami -Dade faulty Pmdect Cmtrd Revision Stamp WM the Notice of Acaepttuim number and expiration date by the hTang Dade County product Control Division. SLE IWACT RAPING: Large and Susan Miasl<le ]bnperct LAB1gF->i . Each unit shall bear a paawmat label with the manufactinar s name or kWp. city, state and following st$tCm mt: "Miami -Dade Cowrty Product Control Approved", wtless otliWwke noted herein. RENii:WAL of this NOA sball be considered dW a renewal appUcadw rias been filed and thane has been no cbamge to the applicable building code negatively affecti g the perform nam of this product. 7TZ MiNATION of this NOA will occur agar the expiration throe orif there has been a revision or change in the materials, use, and/or manufacnma of the product or pry, IMisuse of this NOA as an eudatsement of any Praduut for sales, advertising or any ether purposes shall automatically knuireatx this NOA. Faiium to comply with arty section of this .NOA shall be cause for twnination. and removal of X0A. ADV ERS; The NOA number Preceded by the Words Miami -Dade County, Florida, and foilWW by the wViration date may be displayed in adverdaing literature. Ratty portion of the NOA is displayed, then it shall be- done is its entirety. INSI PECMON: A copy of this entire NOA shall be provided to the User by the n=ufac W= or its distributors and shall be awailabla for inspection at the job sire at the request of the B uliding Official. This NOA nwims and revises NOA KM 03CU06 ofthis page 1 and evidence pages &X, as well as approval document rureuf mod above. The submitted ducummUdOn was reviewed by Jaime V. Gasm, P,& JfV11'e NoA+R 0662 IS MWIratlmm Dade bray 30,2912 Approval Deb. Nomsuber 16,206 POP 1 Monday, November 29.201012.27 PM John Miles 772 379 9501 p.02 Lawmalo—VaCkLla¢, NOUQ OF ACCEPTANCE: R3 ENS A. DRAWINGS 1- Manufacturer's die drawings and sections. 2• Drawing No. M95, titled "Aluminum Tube Mullions ; shee#s l through 7 of 7, prepared by AI Fatra4 Corporation, dated 09/28/95, with Last revision vn 1011916, signed and sealed by Humayoun Farooq, P.B B- TESTS "Submified unkr NOA#03-0225.06" ]l. Test reports on 1) barge h issik Impact Test per FM TAS 201-94 2) Cyclic Wind Pressure Loading per FBC, TAS 203-94 along with nmrlwd-up drawings and installation diagram of an aluminum sliding glass door, prepateid by Huricane Enginwdng & Testing, Inc., Test Report No. HETI-021718, dated 8127102, signed and sealed by Rafael E. Drot-Scda, P.E. 2. Test departs on 1) Uniform Static Air Pressure Test, Loading per FSC, TAS 202% along with marked up drawings and installation diagram of an aluminum sliding glass door, prapamd by Hurricane Enginev&g & Testing, Inc., Test Report No. RETi 021.717, dated 8127102, signed and sealed by Rafael K Dmz-Sada, P.E. 3. Test resorts on 1) Uniform Stabc Air Ressure Test, Loading per FBC, TAS 20294 alcrg'with markod-up drawings and installation diagram of an aluminum sliding glass door, pfd by Fenestration Testing Laboratory, Inc., Test Report No. FTL-1376, elated 1/31f96, signed and seated by Chlbert Diamond, P.E. G CALCULATIONS 1. Revised Anchor Calculations and structural analysis, complying with FBC-2004, prepared , ditd 0803M signed and sealed by Ikmayo m Faraoq, P.E. D- QUALITY ASSURANc1E L Marni Dace Building Code CompHa= Office (BCCA). E. MATERIAL CERTMr_ATIONS L None. F. STATENXEiVTS L Staun cut letter of conformance, dated 03i17/M signed and sealed Humeyoum Farooq, ■q■I,�t��y��(,y�P(�.E. G. V ^BER 1. Letter from coo sultant dated 09145106, stating that the product is in compliance with the Florida Building Code (FBC). 2, Notice of Acceptance No. 03-0225:06, issued to LAwsani Industries, Inc., for Aluminum Tube Mullions dated 04117103, and cxpirin on 05/30/07. Jas A Gascon, P.B. Caisf, Product Control DhWan NOA No 854XMIS May 3% 2012 $-1 Approval batm tVsrmer 16,2M Monday, November 29, 201012.2% RM John Moles 772 879 9501 N�'ifiQ-S'A� �pf�71y1 �•• _.� fOQ4+9Y too � a9w••'N7 Dew -mi` • �isreaelffel•Nue aowsasrsae7va � 99LfC r ►LS'Cr vaMD'V '1YW�11 A3Pf Q f anrq'+a7ssRS X15 of 'M -N tLl.� ewwr+a�3�s/ow s� � W w�wmo a�anooaawauaayr 7FII saiumnaw N0 1 N01tYb0�slOCf bQdNf►d'7Y S1J017if7re ;3� Wf1Mli�'N1 Y r P-03 Mor dsy, NoVMber 29, 20101227 PM John Nines 772 872 8501 p.04 ! =+�a+raoe►x,rs � ,aoo-ow t� Irw nasty-s�� cepq �i te2>4vCgi0li'NAIrIY� c.. anvra m'%pec +�xllc oa k'M tpC4 ars wi nM:bs �N311Ma7asmihl+ool ::- pI- pI Qi�N N051NY1 s.ueira roil �Ifu' g •' ,,,,,, NOtiW�ldZ1dC1 a00t�Y��I ' SMOrrinw i8q1 NE►lNlprn�r .� of wrxys apr i �•.�!� d d q t$ S7 n q r, ti a. r. Q. r• 1<�a< R x r « K x x K ar•K 7t M �I� K'K'K r tr w w X v f! sr x v !C•K r M n n +T of 1 k e ry'i n �. x x 1`,Kix r•K.K �� K air r ./ ii K 1i x K K K�X •; YIK�ae �[ x X x r K K K X�% 71t x ac'K x'K •Y St K K X X x v K K w r Y w x M i ! x K /E:Y K fl x% X•at K r >a w aF Y X x x x Kix age. x K K XK �Y'X x x K K x I !k4 Tlhtl -�Q 1% 1 .� id Si .rY °Iifi�iR 5fig'; R 910$ $ Y Z !.7''-R ~• gggg �- ct 1M re atli _99 �Y •� r F�j4F iF� sRx 1T.0 R`'62a^aan-e:�n'ii'QiC�t9f.Sil�i'aRpm �jdW• - � - � w .. X w ti n � �•: � � tl'r � E r�•i R � »'"e" � S n «y n pa E +w 1 q ln�- a"n r. Y• F w A Vi n h� v �•� A n� p x�X w R� N R� x•k !s w . �r ,Y•�IiCl�i R'� !fir !"f i7�x.K A �i ."�'ii iR � w w ar !. x �•� � x a. i..e x x rr �e i x w ' � h 1r1�•J1{ Kl K-11 iL PL x 7! X K K 1i X K} r Y iI if K K x x X x N K K K i rail (i I J ,' g'-4 51i'Ah Ali - e r!�'�.�i9 �sl1� s � $ + ! ae + �rYl e e q9q'.n yd Kea! q ,ps•g q a y4� n � 4 � �/ � `+ .9 w � w � !Y � i � H � b N•x x K x 1� � � N alar K .t ]. K x �� e,� �� M Ff � � �f � � w n � � � n ii � u� � � 7: n ,`�` � � � i � X i � � � � � iF ii •.°r � n S � w � �� N Monday, November 29, 2010'12:27 PM John Nifles 772 879 001 P.05 i '� orsarrtlpn,elY� YKfMCI�.00l Bi 9E0!`9iR Eeoe? �W-YIPP hp,! 1iL ri "M 'UA3103" i rsscsrgwa7�'Iwwrr 08 'M'N - aws aur u,a+io w rro: n c • w 1 tl� Qaanooud r smswnNa ';NI $3011SInall NCSIYtd E : 'i swam earw �a aw o�r� r aws t� e L1YO11YZIOelilOCi boil its �i SNOT 7nw 39111 wrtralwmd I elf a gg 3 ++�� , 3w''"%1.°SPP*nlBti•u:3.8$$e:5'rie�7 A nS'in1�a '1,aZ:xi a3n R mix 4'^ •11e'N - �[ K k Y f �'f �ii R,%:x li K x �� %1 %'K x•xK S ��IR %�K >c >++i Kss A�^a =4 wl I R it li � ~ K �P K �I M•1� � �1 W H = f Y R �re M4MA jj!! o • r � T: � n'. K•n S n � � a a � i I- v e � � :.�1 +� Rt7E Tr � 3 � +n•: R f; � B � AYti r_ 3 .R v�S Al � n n "^'�� «I ii �I� �:l � � � � � x R �' � mf >i•�: ai x x x'� �� `� � : w x .. �� 7-„ 5 3 �•� � S � � �r�tl- w•'� F � S'n fql; n r q a �q]at h '��4 ! I w w �' n•s S= iBC�w3�'95n+ilagi�^ �Rj13l�$It u Li arA•.3 v tfn .� i Monday November 29, 2010 1227 PM John Oilles 772 879 9501 - --� wsaec�orixa� oouksal��u ..�...�� ' ; . ;,�' •" 4 `�! ftFcervihwnw 49l£� �! Jl3TQ3rl r� r __sem- $ rf alry a: rws IKt c 183il1S OF u !0M sViwiP'+'JN3aJafiQww T$E@0MlDM9 1 N saa ora e �IOI1VllQdil00 bOr7$ti'd-!1/ sNomnW 3sn1 nn ttNKYfb 1° dL IL iy-------- Jae I d 1 WW29 fI I1 V1yy� L!i if ill 1 +q fJl l d n I l.n 4 5 n r�i i • S F y� 'r• -JI I1 V1yy� L!i if ill 1 +q fJl l d n I l.n 5 n y� 'r• � 5 t ^5- --- f I I S$ I � • — � M NY' •riK .W 1 I1 V1yy� L!i if ill 1 +q fJl l d n I R•06 l.n n I S$ I I R•06 M anday, Ni mernber 29, 2010 4227 PM John !Mlles 772 879 9501 . aoo�oen (eae) wog yrs deer? 'aL resraeaeloci'rryi w[aw� 4es�Qa "UT —PJ JCTWP am e�71Cai�S 06 '16"tE LaV9 ruww.we aaortooera„�"RWMNX 'All NI NOWYJ NORWw"WOO bcouw.*-w . _ SNOIll1iW 3dr1! YeflNfVfllib ,•r 1 N' II 7Q/N .{iL 36 Tp p,07 a _Lil e _ r ' I• f tilt ' ..i Y Tifk .zls T � � 1 14 II 7Q/N .{iL 36 Tp p,07 _Lil e II 7Q/N .{iL 36 Tp p,07 tilt Y 4 T � � 1 14 II 7Q/N .{iL 36 Tp p,07 Monday, NOMMber 29, 2DIO 12 27 PM Johirt illes72879NO1 - --------- P.08 Noonday, NOVMber 29, 20101 Z:27 PM John 1 iaies 772 879 9501 a<arassfrao>r+samoob, !-aca twoIn• gm -ma Iccc7 v. ►«�alratiRUry�W 9 MM `Ti A3'lt W a:ws VA.Sac9 KUft Miy low �y �h'sM1d0�lliO�QflQOltlf i BilIl,f6tfii� saIAQ�I i�i{�j 6 IYO V>�p�202 00cwv--mw amp 04 w o ' SEI x .� • dbt�:E SNon7h j 3en1 WONIMMV s. F I a PM � do v3 SOO MIAMID. MIAMI DARE courrr�r, FLORIDA ® METRO-DADE FLAGLER BUILDING BUILDING "WE COMPLIANCE OFFICE (BCCO) 140 WEST FLAGLER STREET, SUITE 1603 PRODUCT CONTROL DIVISION MIAMI, FLORIDA 33130-150 (305) 375-2901 FAX (305) 375-2908 NOTICE OF ACCEPTANCE. ff 0A _ .vww-miamW1&=v Eastern iV dal Supph't Inc. ...�,.,_,,.. 3600 23rd Avenue South THISPROE �>l� Lake Worth, Florida 33461 - 5 T A i L+� moi] P; �I ? ADHEPEN, i- - SCOPE: 0 (}13uf;i APPROVAS. This NOA is being issued under the applicable rules and regulations governing the use of construction materials. The documentation submitted has been reviewed by Miami Dade County Product Control Division and accepted by the Board of Rules and Appeals (BORA) to be used in Miami Dade County mid other areas where allowed by the Authority Having Jurisdiction (AEU). This NOA shall not be valid after the expiration date stated below. The Miami -Dade County Product Control Division (In Miami Dade County) and/or the ART (in areas otberr than Miami Dade County) reserve the right to have this product or material tested for quality assurance purposes. If this product or material fails to perform in the accepted manner, the manufacturer will itcur the expense of such testing and the AHJ may immediately revoke, modify, or suspend the use of such product or material within their jurisdiction. BORA reserves the right to revoke this acceptaaoe, if it is determined by Miami -Dade County Product Control Division that this product or material fails to meet the requirements of the applicable building code. This product is approved as described herein, and has been designed to fly with the High Velocity Hurricane Zone of the Florida Building Code. DESCRIPTION: "Bertha HV"Aiuminum Aecordion Shatter System APPROVAL DOCUMENT. R aiaLiM No. 07-195, titled_" Bertha HV Accordion Shutter Sys tem " sheets 1 out1fMf 26, Prepared by Tiltm. Inc., dated July 19, 2007, signedanti sealed by Walter A. Tillit Jr., P.E., on July 20, 2007, bearing the Miami Dade County Product Control Approval stamp with the Notice of Acceptance number and the approval date by the Miami -Dade County Product Control Division. J ` MISiSILE IMPACT RATING: Large and small Missue Impct LABELING: Each unit shall bear a perm label with the manu wturer's name or logo, city, state and the fallowing statement: "Miami -Dade County Product Control Approved", unless otherwise noted herein. RENEWAL of this NOA shall be considered after a renewal application has been filed and there has been no change in the applicable building code negatively affecting the perfarmanee of this product. TERMINATION of this NOA will occur after the expiration date or if there has been a revision or change in the materials, use, and/or manufacture of the product or process. Misuse of this NOA as an endorsement of any product, for sales, advertising or any other purposes shall automatically terminate this NOA. Failure to comply with: any section of this NOA shall be cause for tenmina#ion and removal of NOA. ADVERTISEMENT: The NOA number preceded by the words Miami Dade County, Florida, and followed by the expiration date may be displayed in advertising literature. If any portion of the NOA is displayed, then it shall be done in its entirety. INSPECTION: A copy of this entire NOA shall be provided to the user by the manufacturer or its distributors and shall be available for inspection at the jab site at the request of the Building Official, This NOA consists of this gage 1, evidence submitted page E-1 as well as approval document mentioned above. The submitted doctwentatwn was reviewed by Beimy A. Makar, P.E., M.S. ! : , NOA No. 97-W17.09 Expiration Date: 0="613 - Approval /z,8 %j o8 �►=5'?t; Approval Date: 021282008 Page 1 Bull niNn mvisfm r Eastern M2111 ERR& Inc. NOTICE OF ACCEPTANCE: EVIDENCE SUBMITTED A. DRAWINGS I. Drawing No. 07-195, titled " Bertha HV Accordion Shutter System ; sheets 1 through 26 of 26, prepared by Tilteco, Inc., dated July 19, 2007, signed and sealed by Walter A. 7711itJr., RE, on July 20, 2007. B. TESTS 1. See Association's generic approval under 06-0130 C. CALCULATIONS 1. See AMOciatdon's generic approval under 06-0130, D. QUALITY ASSURANCE 1. By Miami Dade County Building Code Compliance Office. E. MATERIAL CERTIFICATIONS 1. See Association's generic approval under 06-0130 F. STATEMENTS 1. Release letter issued by the American Shutter Systems Association, 1W., dated July 25, 2 00 7, certifying this product to meet the criteria ofproduct tested and approver, and allowing Eastern Metal Supply, Inc. to use the test results approved under Miami Dade County Approval No. 06-0130, signed by Legny Rodriguez, 2. Ac►knowledp;ent letter by Eastern Metal Supply, Inc., dated August 06, 2007, signed by Mr, Craig Lightle. 3. Letter by 771teco Inc., dated July 20, 2007, certifying that the drawing (No. 07- 195) 7195) prepared for Eastern Metal Supply, Inc., signed and sealed by Mr. Walter A. Tillit Jr., P.E., is engineering wise identical to ASSA's generic drawing (No. 05- 363). A. Makar, P.E., M.S. Product Control Fiamina NOA No. 57-0817.09 Expiration Date: 02/28/2013 Approval Date: 02/28/2008 E-1 O�Nn�Nm'mmp plAr *- C I'i � 440 y 1SST 4 al .. � r r r �V �lyrpyf {er!QY� sl ANA A s igi �� lip zall 33 uj a 110 s ti� U,71"1 4 33 uj a "I u 't S u a -W O � o • fag.' 7 CIO - 00 A 2 . O �w 69 L. p� W�SIT o NON 20 to � Q ® J�_ I W le ISI S ..f JigW •SBR $ M I K N O m F`Ink � � o • MIR MelLO 7 CIO - 00 A 2 . O �w cocoa E&P-MmOm cocoa 0001100 E&P-MmOm y� Y R q 1311 I d 04 mm � � Y H I d 04 i 0 O L ® g x © J N� jx alltl v OOLi �Q a z aCO �� ;All11PP]]��„ x nil In chm tie N 3 {/j 3 m� z 9 o z (Y- n z vi �, 0 in a W z z z CL z W � Z w �+ 3 s y N 8 jr Q z (f% Q 4 U W W q Q (O,� Q r N cr m O N Z 3 O W r N Q� O 2 S S O ON SCJa`T/G ®t4/ kj ® g x © J N� jx alltl v 22255 Q �� ;All11PP]]��„ nil In U tie jx �gaX ;All11PP]]��„ nil b (D (t> Ws i Ii a goo® roe® )©®6 P6 r N rwll��ll s WSHR Ed l i W 4 14 riu 4 14 .1„ �A IN 'mg CIO C h o A I r(_ 2 bm 2 V n iE Z �A IN 'mg CIO C h o r(_ 2 bm 2 V n iE Z �A IN 'mg CIO C h r(_ 2 bm 2 V iE Z e 1 lia � d_ r • Nil - 1 � lee . } A O id WW� 4 f�J37� I 0 v a � � I I I I I , � ® I I I I ° � l I I � E I � i w E I I * I ( I M , Z _ I � I f I U � I , I 6 I ( 0 ®coa ©04® f I IH 6&66 i age®0. I I 0 v a I` I I 1 I I I I N FD it Z� ° en I` I I 1 I I I I N FD it 0 L N z a z M x rY1 9 vi 6 m !L: B N b .-1 Ulgo B N b .-1 e I C®ec ©l D IO z' 9r C 1 a -1-4 cri U V � s a. a -1-4 cri �R r SIR !'A— I I I I • e $� g u n � k U® m - - - P if aJill all Sul s ' 9 14 C� '1F p.' Sir g j 15�n 1 1 r iii whba •; t+f � _ log i b I ; ei'1 � �� o ab35r K gym: n` 91omhhi�P�iso7o a I 1 1 i$ it mbtlip a�0 Ate tz 6 "f yqf p i O �L�i' P if aJill all Sul s ' 9 14 C� '1F p.' Sir g j 15�n 1 1 r iii whba •; t+f � i�'� ei'1 � �� o ab35r K r m7o n` 91omhhi�P�iso7o a I 1 1 i$ it mbtlip a�0 �°� it "f �L�i' ',nr in' 7o i, � i. Sr i+ k S • 4�o io zl m�hi.R °i'iI-T h}. hgfo ID b7p ��o� b i��I� y yy��ff.... 3 y` O® Z �S�`�ui� -cnbenf � `�il'm�`inpTii �,. b. , l ~'wl a�i"i'77`i�i pr 1^ _ 1 I f( ~ 1 If =°0• �'• "'• ^ f `�� o n -n-• tll �.t/rQY1io' 3^z 'n' ��- of mmgm r. moat o i�ni. � q in F. i�n�io isaieo ie NiC ��'r I F f wM:r� 1 1 1 F it Y � ^ sl c 'v Z �p W F � 1 napp 1 1 �� I ^ ^ ♦ I 1 C'b�p I n a OI & O `yf � nib ps e_ I I�h��nhl+ 70 n 4 4?a 1010 IO Cs}s� o R839,RS$RS�BaoQ==Rn �a t r r r +Y.IT�� iii Iw.;3i 'ivm77.�hho7o111 a2if i$ 1 51 1c, �J cm r r r +Y.IT�� iii Iw.;3i 'ivm77.�hho7o111 a2if i$ im S�lb -.IFt??mow 7o i, � i. Sr i+ k S • 4�o io zl m�hi.R °i'iI-T h}. hgfo ID b7p ie ein b y yy��ff.... 3 y` O® Z v f . I oda• 1! xl 1, �,. b. , l {p r f W r •1 pr 1^ _ 1 I f( ~ 1 If `�V - 1 j r 1 I b I I ^ f w 4 f 1 o n n `p tll �.t/rQY1io' 3^z 'n' ��- „1 r. O o � q h �P9��'s,m ie NiC ��'r I F f wM:r� 1 1 1 F it Y � ^ sl c 'v Z �p W F � 1 napp 1 1 �� I ^ ^ ♦ I 1 C'b�p I n a OI & O `yf � nib N 7pp1 p e_ I I�h��nhl+ 70 n 4 4?a 1010 IO Cs}s� o R839,RS$RS�BaoQ==Rn SSg�RSS��SAS� �J cm MlriW W W WW YifYliilGYiNG]V�iL`J'VII'f Y�3�YiiYei�Ao00�00oQQ�0000� 0 0o0aooaoa0ooQ0aca�a�aQ0�a0eaaaaoaaadaaaaao os0�a0a�a�0a0oa0oa0�00aae�a0�aoaoAQa©dadado 00009®®9900090®A�999®000®099QB90®008A�®�ao� 9009AA9900999®099B�99B0999000909Ad®AQ99�9A 00RsaaAaaaaaa0aaaaaaaaaall aaaaooaQaaaadaaad alone 0:0 970C�00a00dC©aaaaaadaaaaanaaaAaaaaaaadaaanA o�osQoa�OCQo�aoaaooaaaaaaaaaadaanaaaaaaaddQ ®00000000000C©C00ODA00dQ0A9aaaoaaaadAdaaoOd 390999g900HABOB90B00B�00©dO�dC©dodaoQaaanao MORRM91mmm mmmmMESH ��w��ur�uul��©�YYoeeeY0000�eQo�000�o�0�p�� B�oo�AQQ000OOQQ�aacnaaaaaaaQaaaaaanaaaaaQdo :8 OCQdOCD00C0C0OQ00gfl®oaaaaadaadaaannQaaQaao 0000Q00b000OgnCd0C00Q�1�700aaAa0aA0adaaA0A0n�! r©�Q��o�ao��0000aoa�0o�oca�oaaadaaaoaaannaoa 0900B0009909909B00B0099B000B0@09000a0a0AdA� _ 00®9Q99A®®999090®B0Q®90®®8090®®®9090®�®Adad D�QQ'i��iQ�9'�Q�"IA�7"�A!'�0�'J�De!'i!'!�!!P!!!l�l�AlflMlwR+Rnwnwwwrrw ��uu��u©�YY�YooYoorpQ�u00000�op��QUQO�aQQRaE eQa�oQo�o�>��odoaoadaaooaaaadoaoaadoQaaannao e ac�o��do�co��eae®�d©®aoaaQaaaadaaaaaaodda� o��Qaeoono0�co�ooc��o©��aanAaonaaaAnaaaaa� OQOQ000Ocnocaoa0oon000c�noaaanaAnaaaaaAn� 09a9099BA090809A9089009B89A0999�09999nanAnO Q�OBQAe0900BAA®e0A®eA®��®��A®��A®A��4A�A�een Lago M000doo®can Ran Duncan can long adaaaaaaada 80a0000Q®0©a0a00aaaAaanaaadaQAAnnaaaAaOaaa� �DOCOCCOOd©909©o©aQaalnaaaaaaaaanonaaAdandao 00000QQ0000CCOG0DBD©CQ©09naAaaAaOaaaaaaand� OCQGCOCQ�AC000000D�dafl9000�10adaaAaondQOAAp� 09A00A989A000900a00909C900A90000®9®aaaannao z m LJ J o000eooa0Qa0Sa©saoadaaaaaaaaar�aaaaaaoaaaaan w W a�a000d�0aec©aeev�aQoaaoAa©QA©aAaaaaQQAAAan � - - B 0000000000000000B00Q�aDaDEN cloaQ©Qa©aaaa - ZE 0000000:200+200008000000090®©aaSa0caoE109 = 13a00oo0a0o000no000000000©00Q0eo�a©oOQoaao� oa0a00o00a0000ca�0a „ 0x000©-aodeoo----- 0a - MlriW W W WW YifYliilGYiNG]V�iL`J'VII'f Y�3�YiiYei�Ao00�00oQQ�0000� 0 0o0aooaoa0ooQ0aca�a�aQ0�a0eaaaaoaaadaaaaao os0�a0a�a�0a0oa0oa0�00aae�a0�aoaoAQa©dadado 00009®®9900090®A�999®000®099QB90®008A�®�ao� 9009AA9900999®099B�99B0999000909Ad®AQ99�9A 00RsaaAaaaaaa0aaaaaaaaaall aaaaooaQaaaadaaad alone 0:0 970C�00a00dC©aaaaaadaaaaanaaaAaaaaaaadaaanA o�osQoa�OCQo�aoaaooaaaaaaaaaadaanaaaaaaaddQ ®00000000000C©C00ODA00dQ0A9aaaoaaaadAdaaoOd 390999g900HABOB90B00B�00©dO�dC©dodaoQaaanao MORRM91mmm mmmmMESH ��w��ur�uul��©�YYoeeeY0000�eQo�000�o�0�p�� B�oo�AQQ000OOQQ�aacnaaaaaaaQaaaaaanaaaaaQdo :8 OCQdOCD00C0C0OQ00gfl®oaaaaadaadaaannQaaQaao 0000Q00b000OgnCd0C00Q�1�700aaAa0aA0adaaA0A0n�! r©�Q��o�ao��0000aoa�0o�oca�oaaadaaaoaaannaoa 0900B0009909909B00B0099B000B0@09000a0a0AdA� _ 00®9Q99A®®999090®B0Q®90®®8090®®®9090®�®Adad D�QQ'i��iQ�9'�Q�"IA�7"�A!'�0�'J�De!'i!'!�!!P!!!l�l�AlflMlwR+Rnwnwwwrrw ��uu��u©�YY�YooYoorpQ�u00000�op��QUQO�aQQRaE eQa�oQo�o�>��odoaoadaaooaaaadoaoaadoQaaannao e ac�o��do�co��eae®�d©®aoaaQaaaadaaaaaaodda� o��Qaeoono0�co�ooc��o©��aanAaonaaaAnaaaaa� OQOQ000Ocnocaoa0oon000c�noaaanaAnaaaaaAn� 09a9099BA090809A9089009B89A0999�09999nanAnO Q�OBQAe0900BAA®e0A®eA®��®��A®��A®A��4A�A�een Lago M000doo®can Ran Duncan can long adaaaaaaada 80a0000Q®0©a0a00aaaAaanaaadaQAAnnaaaAaOaaa� �DOCOCCOOd©909©o©aQaalnaaaaaaaaanonaaAdandao 00000QQ0000CCOG0DBD©CQ©09naAaaAaOaaaaaaand� OCQGCOCQ�AC000000D�dafl9000�10adaaAaondQOAAp� 09A00A989A000900a00909C900A90000®9®aaaannao z m LJ J w W ZE LJ w W ZE i� ji al I xiam all gig RSr agig t 1 : � r � !T, 1 9 9 kit21OV6e oeeooaeeseoe. ooa0000000000000000000000000ao V eoe000000ee0ooe00000eeeoeoeeneen0000000000a 0 oe000000e0oea�eoaneoeaoe00000e�oov0000000c g g 3 9 d 3 �7A999B990B9BB9B996�BBA98BAB999�O990990�99� a �99B9BB96999999B989B9B999�9BF�99F19B996Ck78199 LLJ oeeooaeeseoe. ooa0000000000000000000000000ao V eoe000000ee0ooe00000eeeoeoeeneen0000000000a 0 oe000000e0oea�eoaneoeaoe00000e�oov0000000c I oeeooaeeseoe. ooa0000000000000000000000000ao aseooaooesoe�ooev000000a00000000000a0000000 eoe000000ee0ooe00000eeeoeoeeneen0000000000a 0 oe000000e0oea�eoaneoeaoe00000e�oov0000000c . oe000e0000ee000c00000ee000eeeo�oaoeoeo ooeo :E999999696996996999999�C90�9999�09�009�900� 3 �7A999B990B9BB9B996�BBA98BAB999�O990990�99� �99B9BB96999999B989B9B999�9BF�99F19B996Ck78199 �CCCGCCO�EC�C9CCOOOGOGOOo00000oG00oGOG00000 B�CCCCOCOC�OC9CCC�CGOo00oAG000000oG00000000 �CCOCOCCOC9CCG�OACC��CACOC�9GOo001G0oGaG000 GCC'�GCOCCO�OGC9CG99OODO�0009C9��Oo0oG00oG BCCCgOOCCCCCCC�OCOCCCCCOCC06CC9C�O��9C000000 DAB999B090B90A9A9AAA989998AA8089�8��9CA 099 OBBB966699B96B96BB6BB9B99699B66�19BQ9BB�16919 BCCCOCCGCC000o900oG000000oG0o0G00000oG00000 ae0000000e0000vaocon0000an000n0000000000000 o�ee�oeeaeecoaoaoee0000n00000000000v00000ao aoeeoee0000eeoeaoae0000�a0000000000a0000000 . ocooeaeeooeooe00000aee�eeAaeeoa0000a0000noo G999999999696C69999�99�98�99�900999C�000000 �BBA9AB9BBB9BB89�B999BOB999B999�09999C990o0 I § k � C 2 � � � � ■ }� §! @ �% � e § k � § k � C 2 � � � � OQOQQQO00000 7C�®®0000000 a9F�F3F]F�f�f3[�� I Y5 J ~10, a x M u w' � ga 4 z z 0` Z� g a p Win �i n,MZX ILL/ WEE � z0 Mo'� Z.* :1Z 0 w C;Zj z z J °n F Vi rig" b �O� 3� ro Z cn W Z Z 7O w� O �Z ' ' 2 OQOQQQO00000 7C�®®0000000 a9F�F3F]F�f�f3[�� I mi a Y5 J m a ga 4 � e WEE � A m mi a 1 � J m f W CL 9 6 _ «3 .4 j W m M $ O a�� QCD � I Hill! > z N n d w � m �p 2L .a1 Li � aF jj• y,�[�1 it NLL` o WO Z 1AMM f1�-0i 9 b g� d QCD O an I Hill! z N n d m �p .a1 Li � aF jj• y,�[�1 it U c [f l Cj h; C5 g� d via 11 0 Hill! Mas Lai c [f l Cj h; C5 g� d 11 0 ©.0 W b_yr1j♦ Tjz Lai d m c [f l Cj h; C5 P. is R Lai d m �p .a1 aF jj• y,�[�1 it c [f l Cj h; C5 m v n m , � z 4N�R W L Qom} !— Uz Z 4 Wm W yLIN z �+ a Z OU aa:: S a��tl L �� 9 o2 q o � m Ig if d Rip �01 Q 0 W Ll V' "' a m W 4d�3 t-- df � s� W Ll V' "' a m la t-- df � r d en g�E I jib U LL: �a #� Wy tl moi= rU6fill Y C u I l .T✓1 \� � _ 4 d 1 I& Iva ode ON 4s Ain O O �� ck 101; , *4 gpfilJig IF J1 end _ ;1 r� rqJ .m life 3 t_� 8 fdg 9 R g LC 1 I r� o g LC 1 I ®v w I f W C O 4® O Z� r s v O o�l o 07 vm .r/1 alt Wh rs� N -*iL de �n � k-� o N -*iL NO NOW aw:,�,_ C, a am a .. Ln iJ ro L a n i 8 a R^ i � ss 1 � S �4 i.. all LN F aw:,�,_ C, a am a .. Ln iJ ro L a n i 8 aw:,�,_ C, �� 0 i 8 R^ i � ss 1 � S i.. F k F f � LO d m as y a � Map aw:,�,_ C, + o 5� gig a pig j VeN D� csiEn CM a ,. tl Oe n oc+ o® 9 tl d rotoll za fill 91 i 1 f J�sa�� C-11 Z ! C �1 1 •� � m I I�[ — •1 1 � 1 i � �111!W yt l � ! 1 Ml — pl P1 (f -! 1-� oa 1--, P OI Ys Q 1jJ Boz zi 1 1, 1 1 1 S� ' `S �75'i�;SiY��'P7�e�°PiT, .. i'F in np Hl&i+�lb- �7abam� f 1 r I f I 1 Z � 1 , — k � O , — YA ATTACHMENT V Units ADDroved by CRA Board Date Approved Homeowner Total Contractor FY 2007-2008 (1) (2) 11/14/07 Cornelius Jones 11/14/07 $ 21,500 Hedrick Brothers (3) Gertrude Sullivan 11/14/07 $ 21,500 Hedrick Brothers (4) William Aikens 11/14/07 $ 21,500 Hedrick Brothers (5) Minnie Mitchell 11/14/07 $ 21,500 Hedrick Brothers (6) Robert & Catherine Shaw 11/14/07 $ 21,500 Hedrick Brothers (7) Ester Jerry 11/14/07 $ 21,500 Hedrick Brothers Sharon Darrisaw $ 21,500 Hedrick Brothers FY 2008-2009 (8) (9) 12/09/08 Louis Jean Vaiceus 12/09/08 $ 19,790 Starmark Properties (10) Karl Hobschaidt 12/09/08 $ 7,240 Starmark Properties (11) Cheryl Jackson 12/09/08 $ 11,775 Ray Graeve & Sons Construction LLC (12) Kathleen Capp 12/09/08 $ 19,000 Starmark Properties (13) Lura Lee Lester 12/09/08 Wilfred Byam $ 14,805 Ray Graeve & Sons Construction LLC (14) 12/09/08 Clara Marie Williams $ $ 18,100 13,420 Starmark Properties Ray Graeve & Sons Construction LLC (15) (16) 05/12/09 Elizabeth Jenkins 05/12/09 Steve & LaShandra Carty $ $ 17,845 McDonald Construction Co. (17) 05/12/09 Edoris Maddox $ 14,978 17,420 Assured Contracting, LLC Grace Construction (18) (19) 05/12/09 Leslie Harrington 05/12/09 Urlich Phillippe $ 15,740 McDonald Construction Co. (20) 05/12/09 Phyllis Dames $ $ 20,000 4,592 Glades Roofing, LLC Glades Roofing, LLC (21) 05/12/09 Willie Connor $ 6,793 Glades Roofing, LLC FY 2009-2010 (22) (23) 10/13/09 Marie Murph 10/13/09 Cherry Cheek $ 18,650 McDonald Construction Co. (24) 10/13/09 William & Louise Albury $ $ 19,060 14,341 Glades Roofing, LLC Assured Contracting, LLC (25) (26) 10/13/09 Willie Mae Mullin 10/13/09 Randall Blair $ 8,665 Ray Graeve & Sons Construction LLC (27) 10/13/09 David Drayton $ $ 14,830 12,350 Grace Construction Grace Construction (28) (29) 04/13/10 Dorothy Eblin 04/13/10 Watesha Aime & Joanne Jean -Noel $ $ 15,676 Assured Contracting, LLC (30) 04/13/10 Homero & Fiiomena Resendez $ 14,825 6,245 Ray Graeve & Sons Construction LLC Grace Construction (31) (32) 04/13/10 Lessie Sherman 04/13/10 $ 15,240 Grace Construction (34) Shari Tallman 09/14/10 Lucille & Clinton Brackett $ $ 13,243 Glades Roofing, LLC (35) 09/14/10 McKinley Miller $ 20,000 18,020 Assured Contracting, LLC Ray Graeve & Sons Construction LLC (36) 09/14/10 Jeanette Sands $ 19,650 Grace Construction Total $ 562,793 Budget FY 2007/2008 $ 340,000 FY 2008/2009 $ 160,000 FY 2009/2010 $ 100,000 Total M001000 T:IPROGRAMS & GRANTS102 HAP & SHIP SPREADS HEETSIRIP Summary - All Years 02-08-2017 BOYNN .BEACH CRA BOARD MEETING OF: February 14, 2017 Consent Agenda Old Business IX J New Business j Legal j I Information Only CRAAB AGENDA ITEM: XIV.C. SUBJECT: Consideration of the Special Events Grant Submitted by the Community Caring Center for their 2017 Annual Hunger Walkl5k Run SUMMARY: On February 8, 2017 the Community Caring Center submitted the attached Special Events Grant and supporting documents. The Community Caring Center is requesting funding for the following eligible items: • Roadsafe Traffic Systems, Inc. (barricades, road closing, etc,) • AccuChip (race timing services) Table & chair rental • Port A Potty rentals • Police officer (security) Per the grant guidelines Special Event Grant applications are due three months prior to the date of the event. Since the grant application was submitted on February 8, 2017 and the event takes place on March 4, 2017 the CRA Board will need to approve a waiver to this condition if it is decides to approve the funding for this event. CRA staff will also need a complete budget of the event which shall include total expenditures including in kind services and how the sponsorship donations (currently in the amount of $9200) were utilized. This can be provided at the time of the Community Caring Center's request for reimbursement. FISCAL IMPACT: Approximately $1,612.50 — Account # 02-58500-480 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: NIA CRA BOARD MOTION/OPTIONS: 1. Motion to approve the Community Caring Center's Special Events Grant for their 2017 Annual Hunger Walk/5k Run and waive the requirement to submit the grant application three months prior to the event 2. Motion to deny the Community Caring Center's Special Events Grant A�,� Michael Simon, Interim Executive Director BOYNTO. v ii H: ..A Boynton Beach Community Redevelopment Agency Special Event Grants and Aids Guidelines, Application and Evaluation Forms Mission The CRA established a Grants and Aids Program to assist existing businesses and organizations in generating positive regional publicity for Downtown Bovnton Beach and to help establish and promote worthy community and business goa nded to increase t e flow of business and tourism dollars into the downtown area. The CRA will consider funding applications from the private sector as well as non-profit agencies. Funds will he allocated based on the individual merit of each project and on a farst- come first- served basis. Eligible Organizations To be eligible to apply for CRA funds a non-profit, tax-exempt, Florida Corporation must provide the following information: ucorporated or authorized as a non-profit Florida corporation in good standing, pursuant to Chapter 617, Florida Statutes a minimum of two (2) years prior to application deadline date; atA VAeadquartered in Palm Beach County a minimum of two (2) years as of application deadline e, and esignated as a tax-exempt organization defined in section 501(C) (3) of the Internal Revenue Code of 1954, as amended, a minimum of two (2) years prior to application deadline date. CRA downtown businesses that do not meet the criteria for non-profit organizations (above) may be considered. Information as to the history and purpose of the organization must be provided, as well as rationale supporting the ability of the organization to coordinate the event, meet the mission of the CRA and an explanation of the use of any CRA funds. The CRA may require additional stipulations on the use of CRA funds for businesses that do not meet the criteria for non-profit organizations above. Individual merchants or a group of downtown Boynton Beach merchants are also eligible for assistance where it can be demonstrated that the event will have a significant economic impact to businesses within the downtown area. Potential impacts shall accrue to businesses greater than Page 1 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 www.catchboynton.com the number and kind of businesses coordinating the event; that is assistance shall not be granted for events that benefit only those businesses applying for CRA funding. Private sector organizations may be eligible for assistance when it can be demonstrated that the event will have a significant economic impact to merchants within the downtown CRA district, and when at least fifty percent (50%) of net proceeds are distributed to non-profit organizations. Procedure 1. Applicants obtain and complete an application. applicant must attend a meeting with a CRA staff representative to review application to CRA Board submittal to assure compliance. are required to submit requests no later than three months prior to the planned For FY 2016-17, all funding requests will be eligible for review if the event is no less than six (6) weeks from the date of approval by the CRA. 4. If the event and the applicant meet the eligibility requirements as outlined, CRA Staff will make a potential funding recommendation to the CRA Board based on the merit of each individual project. 5. Approved applicants will be invited to answer questions from the CRA Board at the next scheduled meeting. 6. Funding will begin in the new fiscal year starting Qctober 1 st annually. 7. Awards are granted at the sole discretion of the CRA Board. 8. CRA funding shall: • be made on a reimbursable basis only 9 not exceed 30% of the event budget • be supported by event receipts for eligible expenses as outlined in the Guidelines. 9. Maximum funding per event, per group, per year is $5,000.00 for a maximum of three (3) years unless otherwise approved by the CRA Board. 10. The CRA Board may consider an additional three years of Grants and Aids Program support to an event if the event is substantially expanded and proves to be of economic benefit to the downtown area. 11. Applicants will receive notification by mail of the CRA funding decision within two weeks of the meeting. Page 2 of 9 71 o North Federal Hwy., Boynton Beach, FL 33435 — Phone 561-737-3256 Fax 561-737-3258 www.catchboynton.com 12. CRA funds will be disbursed upon deliverance of appropriate receipts, the completed evaluation form, photos and all documentation for actual costs incurred. FundW2 Re uest Criteria Applications will he considered & ranked, based on the following factors: 1. Extent to which the project has publicity potential, with a ranking for local, state, regional and specific markets that will be targeted. 2. Extent to which the requesting organization has identified how the activity will enhance the economic vitality of the downtown CRA district. 3. Reasonableness of total project cost and the percentage of funding requested of the CRA. 4. Identification of other private and public funding sources that have been realistically identified and for which application has been made. 5. Strength of organizational capacity and experience of the organization and event (if applicable). 6. The event does not replicate other events or is not similar to another event in type of entertainment, theme, timing, and/or target audience/participants. 7. Proposals will be reviewed by CRA Stam and sent to the CRA Board of Directors for approval. Re uired Information All proposals forfunding must be accompanied by a complete application and the following Vprftaome7 jected budget for the program, and samples of collateral materials or marketing efforts in Excel format showing sources and uses. A complete listing of the organization's current officers and directors, including addresses and telephone numbers. 3. amples of evaluation tools and results from prior year(s), if applicable. 4. e copy each of the following documentation: Y-28Determination letter; and orida Department of State, Division of Corporations Detail by Entity Name Report; and st recent Form 990 and Schedule A or 990EZ. orm W-9 — Request for Taxpayer Identification and Certification Page 3 of 9 710 North Federal Hwy„ Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 www. catchboynton.com 5. XDonstration of the ability to provide the following: surance for the event 'gib. Appropriate support — such as lighting, street closures, portable toilets, volunteers, etc. 6. Must provide to the CRA proof of all requirements for event and permit completed at least thirty (30) days in advance of the event or funding is forfeited. Event Costs That May be Funded 1. Promotional activities and advertising. 2. Mail outs and flyers. 3. Special Event Insurance. 4. Tent Rental. 5. Port -O -Let Rental./ 6. Traffic Barricades. ,"O' 7. Entertainment. 8. Sanitary Services' 9. Security Services Prohibited use of funds 1. Operating expenditures including salaries or other compensation. 2. Professional services including but not limited to legal, medical, engineering, accounting and auditing. 3. Prize money, scholarships, awards, plaques or certificates. 4. Tangible personal property. 5. Interest or reduction of deficits or loans. 6. Travel expenses. 7. Alcoholic beverages. 8. Any event that conflicts with - City or CRA event held within the attached Event Location Map. Page 4 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 www.catchboynton.com BtaYNTC►9�1`�� /� �BEACH ° /�-1 Boynton Beach Community Redevelopment Agency Special Events and Promotional Assistance Application Date Submitted Name of Business or Organization Date Approved Address City and Zip Code Contact Person/Title Phone Projected Budget Estimated Project Start Date Amount Requested Estimated Project End Date Has this event received past CRA funding? If yes, please provide the year(s) of assistance and amount received. Please provide the following information as part of the application packet. 1. Projected budget for the program 2. A complete listing of the organization's current officers and directors, including addresses, telephone numbers 3. Organization's most recent IRS filing (unless the organization is less than one year old) 4. Fictitious Name filing 5. Listed application question responses. 6. "Required Information" as outlined in the Guidelines. Signature of Organization's Chief Official: Print Name: Page 5 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 — Phone 561-737-3256 Fax 561-737-3258 www.catchboynton.com Title: Please complete all the following questions in the space provided. Attach additional sheets if you need more room. 1. Describe the event and target attendees. What aspects of the event make it a good candidate for CRA funding? 2. Explain the extent to which the project has publicity potential and identify the markets --- local, regional, state, national specific ---that will be targeted. 3. Identify how the activity will enhance the economic vitality of Downtown Boynton Beach. 4. What other funding sources have been identified, requested, or obtained? Page 6 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 — Phone 561-737-3256 Fax 561-737-3258 www.catchboynton.com 5. Explain the total project cost and how funding from the CRA will be utilized. Indicate what percentage of the project the CRA funds represent. If there are net proceeds from the event, how will the proceeds be utilized? 6. Provide a brief summary of the history of the organization and event for which the CRA funds are being requested. Include number of years of operation, number of years the event or program has taken place, the goals of the event and previous outcomes. 7. If this is a new program/event, please explain the long-term goals and desired outcomes. Page 7 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 — Phone 561-737-3256 Fax 561-737-3258 www.catchboynton.com BOYNTO==BE..ACH':CKnA Boynton Beach Community Redevelopment Agency Special Events and Promotional Assistance _Proiect Evaluation and Payment of Funds Each event applicant awarded funds by the CRA must submit a completed Event Evaluation Form, Profit/Loss Statement and eligible event receipts within 30 days after the final date of the event. Failure to comply will result in the withdrawal of the award. If you find that, you are unable to submit the Event Evaluation Form within 30 days due to vendor billing dates, contact a CRA representative. Project Description/Name: Date(s) of the Event: How many times has this event been held? Estimated attendance: Estimated economic impact to downtown merchants: Briefly explain the methodology for determining economic impact: Total expenditure for this event: Amount spent on advertising: _ How were the CRA funds spent? Note: All eligible event receipts must be included with the Project Evaluation and Payment of Funds form. A cover sheet including: date of expense, vendor, amount, description of service must accompany all eligible reimbursable event receipts. Media used for paid and sponsored advertising: Area of impact for paid/unpaid advertising and publicity: Page 8 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 — Phone 561-737-3256 Fax 561-737-3258 www.catchboynton.com 10 -mile radius Yes No 50 -mile radius Yes No 100 -mile radius Yes No Statewide Yes No National Yes No Was there an excess of revenue over expenses generated from this event? If so, how much? Please include a Profit/Loss Statement for the event Signature: Print Name: Title: Page 9 of 9 710 North Federal Hwy., Boynton Beach, FL 33435 — Phone 561-737-3256 Fax 561-737-3258 www.catchboynton.com Boynton Beach Community Redevelopment Agency Special Events and P otional Assistance Application Date Submitted 1 I Date Approved Name of Business or Organization r1rAUn i KA Carl; �, o f 6-P IM �c.A, Tnc. Address It* 4 ws r, City and Zip Code bDtW. &Z!a1 T1. 33 w 3b Contact Person/Title ShcraOb hnw . bi . `�iit'ecfz�( phone 5(v 1- 350-0 L4 7 5 `C:GI I iT Projected Budget Amount Requested g, IMT Estimated Project Sart DateEstimated Project End Date 3 1 L+ I I I Has this event received past CRA funding? - r)D If yes, please provide the year(s) of assistance and amount received. Please provide the following information as part of the application packet - 1. Projected budget for the program 2. A complete listing of the organization's current officers and directors, including addresses, telephone numbers 3. Organization's most recent IRS filing (unless the organization is less than one year old) 4. Fictitious Name filing 5. Listed application question responses. 6. "Required Information" as outlined in the Guidelines. 449 Chief Official: Print Title: '-C� 11P� 1PeCbf Page 15 COMMUNITY CARING CENTER 2017 ANNUAL HUNGER WALWRUN BUDGET EXPENSES I Roadsafe Traffic Systems, Inc. (Barricades, road closing, etc.) EmbroldeMe (23OT-shirts & 20 hat) Designs To Go (Mile Marker Signs -Sponsors & Banner) AccuChlp (Race tinning services for Run) Table & Chair Rental 6 Port A Potty Rental Medals (runners) City of Boynton — Police Office .FMiscellaneous (cups for water, sign boards) Water X5,37 5 Narrative — CRA Application Event — CCC Hunger Walk/Run Saturday, March 4, 2617 1) Describe the event and target attendees. What aspects of the event make it a good candidate for CRA funding? Our Annual Hunger Walk/Run includes a 5K Run, Kids Dash & a 1.5 mile Walk. This event raises funding for our Hunger & Senior Care programs. Target attendees — Runners & Walkers from Boynton Beach, Delray & surrounding communities. We feel that this event is a good candidate for CRA funding because: Run & walk will start & finish at the The Fish Depot Bar & Grille, Boynton Beach and will bring 200 — 250 runners & walkers to Boynton Beach. This event will help market the The Fish Depot Bar & Grille and introduce participants who have never heard of the Fish Depot Bar & Grille. Tim Collins, owner and Wendy of The Fish Depot Bar & Grill will develop a special menu for our participants, families & volunteers and this event will generate sales for the The Fish Depot Bar & Grille. in addition, the event will create opportunity for additional business for the Fish Depot Bar & Grille. This event will expose participants to other businesses along the route Hurricane Alley, Magik in Your Kitchen, infusions Cafe, Ocean Avenue Cafe, Dj's, Boss Tacos, Frankies, Tropical island, Boardwalk ice Cream, Two Georges, Banana Boat and Don Shea Bistro and we are meeting with them to develop a Hunger Walk/Run special discount or coupon to participatantt. Hurricane Alley, Magik in Your Kitchen, Infusions Cafe, Ocean Avenue Cafe, DJ's, Boss Tacos, Frankies, Tropical island, Boardwalk Ice Cream, Two Georges, Banana Boat and Don Shea Bistro. in addition, this event enhances the City s opportunity to meet or exceed their goal for the Let's Move initiative which helps improve the overall health of the City employees. 2) Explain the event to which the project has publicity potential and identify the markets. This event will be publicized locally, through The CCC social media networks, posters, Flyers, postcards, our website, Michelle Wright, CBSI2, The Coastal Star, the Fish Depot Bar & Grille, board & committee constant contact & social media networks, running organizations and a press release " Additionally, this event is posted on AccuChip a national organization that promotes runs & walks across the country. Run enthusiasts of all levels that search for recreational events in our area, will consider participating. We're also working with Trek and Bike America for possible sponsorship opportunities. Ail event sponsors will be listed on our T-shirts, our website and on our social medial networks. This event is held across the country and we believe the FUN nature will help us attract participation. in addition, our goal is to have 15 vendors. We are negotiating with Amanda Phillips from On the Hunt, Amanda's Dog Grooming Spa, a Sports Chiropractor, Jen from Hallow & Plant clothing. Move Fitness will handle our warm ups. This event will create exposure for our vendors to their business and their products and generate retail sales. 3) identify how this activity will enhance the economic vitality of Downtown Boynton Beach, This event will bring 150-25- walkers & runners into Boynton Beach and to the Fish Depot Bar & Grille. This is an annual event with a goal to grow the attendance every year! 4) What other funding sources have been identified, requested, obtained? So far, we have secured sponsorships in the amount of $9,2.00 from Publix & AmTrust Bank, Lang Realty, Boynton Physicians Group, Cambridge Medical Group, hive Like Jake, and Independence Title Insurance Co. Narrative — CRA Application Event — CCC Hunger Walk[Run Saturday, March 4, 2017 5) Explain the total project cost and how funding from the CRA will be utilized. Indicate what percentage of the project CRA funds represent. if there are net proceeds from the event, how will the proceeds be utilized? Expense budget for this event is $8,100. Funding from the CRA will cover our costs for Road Safe (Road Closing) Registration fee from Accuchip, t -shirts, Port-A-Pottys, Medals, City of Boynton Police, Mile Marker signs and banner. 6) Provide a brief summary of the history of the organization and event for which the CRA funds are being requested. Include number of years of operation, numbers of years the event or program has taken place, the goals of the event and previous outcomes. The Community Caring Center of Greater Boynton Beach, Inc. is a 501 c3 non-profit organization whose mission is 7o create a healthier community through nutrition education, aKlal services and economic development programs. In existence since 1987 we serve 5,000 people annually and deliver vegetables & mini meals to 275 frail & elderly seniors through our Senior Veggie Mobile Program. The event helps provide financial support for our Senior Care and our Hunger & Nutrition Programs. 7) If this is a new program/event, please explain the long-term goals and desired outcomes. Our Annual Hunger Walk began in 2000. We wanted to grow this event and help have an economic impact to downtown Boynton Beach. In 2014, we added the Race component. Our goal is to continue to grow this event annually with the goal to have 375-400 participants next year, add more vendors and offer exposure to local restaurants in the race/run area. Be a •o volunteer ICCCOS 2017 f,,, Annual Hunger Walk/5K Run ♦ Create a Team sponsored by AmTrust Bank, a division of New York Community Bank Saturday, March 4th, 2017 `# Fish Depot Bar & Grille, 511 NE 41 St Bea Parking available on vacant lot & north side of Sponsor St- Mark Catholic Church parking lot at 643 NE 6*h Ave. 2017Spons= Federal Highway west lane street closure begins at 5:30AM 5 K Run Registration A Warm-up 6:30 AM INSPIRE - 4° :� ° 5K Run — 7:30 AM AMTk,wravw S ^dak P Walker Registration A Warm-up 7:30 AM 1.5 Mile walk - 8:00 AM >angetheorV CAMBRIDGE Family & Pet Friendly! r N E s s ttiyrpidreal grnap Fbdr-- Allyson Sullivan "4T'** Rmdl� o LA -N,(, R f. L1 N _., . � �. WALKERS MEE commemorative T-shirt, i per person for each walker that raises $100 in sponsorships CHARITIES Individual wdylkers are welcomed, registration is free; however, a sw9 ested donation of man perishable canned food items acrd/or $20 can be made at rregistrotion the sk,: / same d9r. To y get your walker registration form and/or fundraising sponsorship form go to www.ccc bb.or download do print, usp►— "• 'w.m. -� Dank Tank RUNNERS $5 for 5 chances to dunk Mayor Grant! Suggested registration fee of $35 includes FREE t -shirt. To register on-line go to Active.com LET'S „? M61lE All proceeds benefit the Community Caring Center's � Food Pa providing Pantry pr vlding emergency food, shelter & financial Part of Official "Let's Move, assistance programs serving 5,000 people annually. Boynton Beach" Campaign For more info E -Mail to sheltiebluefmsn.com or call Alix at 561-364-9501 A y C V a 0 E EQ JEM a W M E 0E ° me E ) a ��jE a °o aL a)0El E ao°�! EEI C0ro �E 3 E m V 6 N t 0) L rCOp CDD CD [r G� , I� t LL P7 OD CrJLo CO GO r co t-�I�O co WMCir co U-2 s-- 't, Too r Q (DO N U ti It Ler- vto W)Cl) vr Lo e} coN Lo C)N N � Y L O ?r CO CD r N 0 N r W O] cD N N LD coDw f1 Cp C) r C`7 r p ^ N LO N CQ m CO CO co r Cn w co ch v GD 0 , , c e3 GO � W J O a. LO rP4. co CD Ln it L r co L T CD T co co L E U a � O ❑ CD L m c a) v OD c ca ❑to D 0) m to _ 0 0,L2 gd CO cc a a >- U CD v C3 C [A .� -a L lC C L 0 a 0 U 17- (� o yQf Q ca fl w> -EU W C L 7 U C c N L s �;� C a •� m M CL a Q a- X 0 j m ii it � w a s a. a >o U i O p c Oo Qam J21" w �a D N _E m ca m a a)� O pwOf rn az w �U aC7 _0 00 C C z.v c c c c c c c e C ai wai a) = YECo }j O W �.� Q c) v 0 ?� _ L U U O m c] O U E d Oa N C S° c1 C aaL a C C �% C a C �,a C a C r�z MEgt cQQ�2 ms v2� m ti2 �+vi �w >1 C, o �rA.L�vi cit ►-2 eo:c e" - E i co co rT co a) r+ C) ID C F W O N C> C) N NCM N r N r N r0 O N N C a m - N ±+ m a) a A L 43) L L L L L 3 a aa) m tl T N In 0 0 a c l o ® O C L OL c O a°) m O ca a) E (° m o a) 0 m 0 U a z a a N C C2 CC m C 17— a a1 GS32 c ay LL I >° j a) m C `° a F Q W 2114/2017 Detail by Entity Name DIVISION OF CORPORATIONS .�,rgJ F uu ulira irrl Sir,tY frl flurirlta rvHjirr DeRartmant of Stale 1 Division of Congwations1 Search Records I Detail By p 1 Detail by Entity Name Florida Not For Profit Corporation COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. Fillnu Information Document Number FEl1ElN Number Date Filed State Status Last Event Event Date Filed Event Effective Date N44009 65-0447796 06/20/1991 FL ACTIVE NAME CHANGE AMENDMENT 08/27/2012 NONE Princi al Address 145 N.E. 4TH AVENUE BOYNTON BEACH, FL 33435-0339 Changed: 08/24/2012 Milling Address 145 N.E. 4TH AVENUE BOYNTON BEACH, FL 33435-0339 Changed: 08/24/2012 Registered Agent am & Address Sharon, Frew THE COMMUNITY CARING CENTER OF GREATER B.B. INC 145 N.E. 4TH AVE BOYNTON BEACH, FL 33435 Name Changed: 01/30/2016 Address Changed: 04/01/2013 Officer/Director Detail Name & Address Title TD RAUH,RONALD 145 N.E. 4TH AVENUE hapJlsearch sunbiz.orglinquiry/CarporatilonSearchlSearchResultDetail7ingWrytype=EnUtyName&diredenType=Initial&searchNameorder=CCMMUNITYCAR. 113 2!14/2017 BOYNTON BEACH, FL 33435-0339 Title VP BAKER,EVERLENE 550 NW 9TH AVE BOYNTON BEACH, FL 33343 Title PRES PORTNOY, JOYCE C 145 NE 4TH AVE BOYNTON BEACH, FL 33435 Title 2ND VP ROBINSON, DOREEN 145 N.E. 4TH AVENUE BOYNTON BEACH, FL 33435-0339 Title CEO Frew, Sharon 145 N.E. 4TH AVENUE BOYNTON BEACH, FL 33435-0339 Annual Reports Vlew image in PDF format Report Year Filed Date 2014 05/01/2014 2015 04/24/2015 2016 01/30/2016 Document In3apes Detail by Entity Name 01 0!2016 —ANNUAL R ORT Vlew image in PDF format 04124/2015 —ANNUAL REPORT e� View image in PDF format 51011 14 —ANNUAL REPORT View image in PDF format 1/201 —ANNUAL RORT View image in PDF format 0$(2712012 — Name Chance View image In PDF format 0W 2 — ANNUAL REPORT View image in PDF format —ANNUAL R View image in PDF format 09(09(2010 — Off/Dir Resignation View image in PDF format 09/09/2010 — Off1Dir Resignation View image in PDF format 9010 —ANNUAL REPORT View image in PDF format 04130/2009 —ANNUAL REPORT View image in PDF format 05(01/2008 —ANNUAL REPORT View image In PDF format 04l12I20W —ANNUAL REPORTView — image in PDF format 0O7/20D6 —ANNUAL REPORT View image in PDF format ; —ANNUAL REPORT View image in PDF format I 01/30/2004 — ANNUAL REPORT View image in PDF format 01(10/2003 —ANNUAL REPORT View image in PDF format httpJ/search.sunliz.orglInquiry/CorpwationSearcWSearchResrltDetaii'i riquirytype=EntityName&directionType=lnitial8searchNameOrder-COM MUN ITYCAR. 213 2(14/2017 Detail by Entity Name 0412412Q02 —ANNUAL REPORT 2I —ANNUAL EP T 01231 0 —ANNUAL REPORT 03/2411999 —ANNUAL REPORT 29/19 —ANNUAL EP T View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 02J1211997— ANNUAL gEpogT View image in PDF format 02/27/1996 —ANNUAL REPORT View image in PDF format M0111995 —ANNUAL REPORT 'View image in PDF format FE ""O uF S[a!e Mmn or Larpp t— hV.Ilsearch.srrihiz.aglingiirylCorporationSearcWSearchResultDetail2iinquirytypa=EnUtyName&directionType=Initial&searchNameOrder=COMMUN ITYCAR... 313 2016 FLORIDA NOT FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT#f N44009 Entity Name: COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. Current Principal Place of Business: 145 N.E. 4TH AVENUE BOYNTON BEACH, FL 33435-0339 Current Mailing Address: 145 N.E. 4TH AVENUE BOYNTON BEACH, FL 33435-0339 US FILED Jan 30, 2016 Secretary of State CC6373887952 FEI Number: 65-0447796 Certificate of Status Desired: No Name and Address of Current Registered Agent: SHARON, FREW THE COMMUNITY CARING CENTER OF GREATER B.B. INC 145 N.E. 4TH AVE BOYNTON BEACH, FL 33435 US The above named er?W submits this statement for the purpose cf changing its registered office or registered agent or both, in the State of Florida. SIGNATURE: SHARON FREW 01/30/2016 Electronic Signature of Registered Agent Date Officer/Director Detail Title TD Name RAUH,RONALD Address 145 N.E. 4TH AVENUE City -State -Zip: BOYNTON BEACH FL 33435-0339 Title FRES Name PORTNOY, JOYCE C Address 145 NE 4TH AVE City -State -Zip: BOYNTON BEACH FL 33435 Title CEO Name FREW,SHARON Address 145 N.E. 4TH AVENUE City -State -Zip: BOYNTON BEACH FL 33435-0339 Title VP Name BAKER,EVERLENE Address 550 NW 9TH AVE City -State -Zip: BOYNTON BEACH FL 33343 Title 2ND VP Name ROBINSON, DOREEN Address 145 N.E. 4TH AVENUE City -State -Zip: BOYNTON BEACH FL 33435-0339 oath; hereby a[ l �anat the h er b ma�io keted on this report ar supp7emenial report is true and accurate and that my eloctronk signature shelf have the same lege! etiect as 7made umdar corporation or the receiver or trustee empowered to execute this report as required by Chapter Biz, Florida Statutes,V and that my name appears above, or on an attachment with aR otherlDre empowered. SIGNATURE: SHARON FREW CEO 01/30/2016 Electronic Signature of Signing Officer/Director Detail Date Fimn Wong request for Taxpayer a1MFwrn tD#W Deceff6w W14) Ide tHkation Number and Cert#ffbatlon reqwwter. Do rwg u sena 1t 1he IRS 1 tanPa shawr on yw r itrcorne tare pawn} Alone is nrqulrad on fins Una; do not herons this ane + , r i ed manna, fl d Own above I�� o S Check approprla%e boat for federal tax dasslacaifar, check only pre foaowing saver boxes: 4 ExanxWons lycodee only to E]or 0-C Gbtpwetlan ❑ S Corpwatiort ❑ Parktenft ❑ � cenaln . ret krd Sae Inetrt offone an page 3k ❑ Limited ftbI ft Enter the teat damffaadon p=c corpwaYrorr, 8-8 amparaWn, p=pe b"mh" ► Exampt #fie reds Of am M tft For a single4nember LLC that is Orwjarded. do not tdeok LLC; drank the box in the ikre above for � rrom FATCA reporting m hof serghe-rtrenrlxer oMerSr ' �['.3 axis F arty} a i % L7i Z -FA -1 /UR� iyw#�arversm�eabnmueraeunusl 5 Addraes Ownbe . sdeieE, and app w su rte.) Rec]uesWs narrte and a (Optional 8 City, ardaPcode 01_ 7 Leat account nurntwW hem iaptharra9 T IdertMffb aon Number Enter your TIN In the appforriate bwt The 1W provided must me" the name duan on line 1 to avoid snctei seerait;rmoubw backup withholding. For irtditiridtauls, this is genetWly your eoctaf aecxaily number HSSW However, for a T1 t esident alan. y sole pkryetor, n dwrsgarded entity,see the Pett I Instructionsamu onpage entifier., It � your �p�Y�' iderrtific�tlon number �I). tf you do ref have a number, FAow' get a 4. TIN on page S. or Flute If the amount is In more than one nurse, see the hstrurt timm for enure i and the chart on page 4 for EmpkgorikkabTannon eaacber guidelines on whose number to enter. mon Linder penalisse of ptjury, I Codify that: I. 'Etre rwrrrbef ahomm on this form is mY wired tmgrayer Identilication number (Or I am waiting for a number to be issued to me), surd 2. I am not abject to bac:k up Wthhokting becausm (a) I am exempt from bad wNepolding, or (b) I have ret been rrofified by the Internal Revenue Service M brat 1 an sgbjeot to backup wWftIdhrg as a result of a failure to raport an Interest or dividends, or (c) the lF� Inas rtotifled ms that I amno longer WA*Wt to backup wr�tlholdM anti $. 12M a U.S. citizen or other U.S. pardon (defined belowj; and 4. The FATCA codes) entered on tills form (if arty) indicating truer I am exempt from FATCA reporting Is con ecL COrdfiCO2100 kuft%Wliorts. You must cross out Item 2 above 9 you have been rnotilied by the I IS that you we cunmW subject to backup withhakang because you haw failed to rapmt OU interest and dividends on your tau ►cum. For rOW estate tt7Irgaodons, herrn 2 does not apply. For mortgage interest find, acquMon or abandonment of secured property. cancellation of debt canbtKAons to an indivtdUal ratirement a nangement QRA), and Thr, paynie otiter than and dividends, you are not required to sign the certi ion, but you must provide your correct TIN. Seethe irnbucdons on page 9. Sign Of Hkire j f General instructions Section "A mrroes = W the In6arrrdh Revenue Code undeea otherwise noted. We%mim10 Is � Form 181-9 (siert PurPcse of Fbmix ••' , An rmid-wm. trS requester) who k ragrrked W Man In mmadon mxnber tax�ar�ld �t�ca�k'on nurnber U, OVOM itaotpgyer iaw"ICaUorr nim bur fdwOlcotion number Mto report an runt tnfomtation reeWrn fie � to Yoe. arothw aaneurt mpwlabb an an kftff rtl n Mtum. Barrer O" orkrfbrrrralion rattans ikrckuie, but era trot to, the Faro 1M -W (hrtaeet Gamed or pa4 e Form 1099 -MV PVWWKIB, krckrdktg those *= Mocks or aAMW fitrrda) e farm 1080 -Mme 4variors types of kiorane; Pries, awards. or grow i ce) Famr 1009-B (stock or MUD* tend Saks mrd owtakr rrHrertransactlwts by a Form 10998 {procaeda from real estate trarrsatdlvrre) 1 Wti (horns mortgage k hm4 im�-1: Wuftt tan kMffe }.1098'r CtMoro Fwrr. 1090-c (canceled Farm 1090-A #Cqukultion or abandonment of gauged prape*) Use Form Wag only it you are a U.s. parson Mckzft a resident alien} to provideyon yawned-flm ff you db nor reWm Form W-9 Ag ria ray199rwRh a In you unit N be srject tobgOkPYdUVWWW. See Y nWh bacdugu 00ft~ an page 2. BY akpft the Mled-W farm, you_ WM the TOO YOU are 91ft b erect far yarn are waltkrg for a number 2 Cmtliy that you are not subject to backup wahhokft or from backzp wkhhokft tf you are a 14A,ammpt paYg- fi applcalbls� you we abo cerlrrYir9 inner es a U S. perRW,,' yYtiuf elooable ahem of any P hil) U%Vne frown a UA trade or busir" f8 not sutbj@d to the wiihdrot�rrg tax an fudon Pabtera' share of effardk* connected ktootne. and 4, CerWy uret PATCA ooc;" entered cn1h1e1onn#fxOkKjc@&V#WyVuarV eowmPtfrom the FATCA repordM isoorrecL See yVnetk FATC+4 MorftF on page 2 far furt1w krftuerldtion. Form 109&K [nrer4wd oatd and thkd�pwty netarork Is"c ,,�� bgrrsacban$) 4i SAI i Cat No. i 02317( Farrrr W-9 (Rev. 12.?A14) '4 CERTIFICATE 4F LIQ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN[ BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, thi the terms and conditions of the policy, certain policies may require an certificate holder in lieu of such endorsement(s). PRODUCER CBIS Weekes & Callaway 3945 West Atlantic Avenue Beach FL 33445-3902 INSURED Community Caring Center of Greater Baynton dba See Attached 145 NE 4th Avenue Boynton Beach FL 33435-3865 ►BILITY INSURANCEDATE(MWDD"'""' 1/24/2017 .Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES TE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED policy(iss) must be endorsed. If SUBROGATION IS WAIVED, subject to Indorsement. A statement on this certificate does not confer rights to the �E T Small Business unit PHONE , (561) 278-0448 F'a LA& Pic(561)278-2391 aI NAIL ADDRESS, INSURE AFFORDING C WERAGE NAIC 9 INSURERA:Philadel hia Indemnit INSURERS: INSURER C : INSURER 0: INSURER E, INSURER - INSURER F COVERAGES CERTIFICATE NUMBERL16890829 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR WS TYPE OF INSURANCE DL R POk lCy NUMBER ICY EFF P�CY EXP GENERAL LIABILITY �17 WYYYY MERCIAL GENERAL LIABILITY A CLAIMS -MADE Fx-J OCCUR M535616 /9/2016 /9/2017 GEN -L AGGREGATE LIMMAPPUES PER: X POLICY PRO LOC AUTOMOBILE LIABILITY A X ANY AUTO AUTOS OWNED SCHEDULEDPK1535616 8/9/2016 /9/2017 HIREDAUTOS NON -OWNED I r x uMBRELLALIAfl [�X OCCUR A EXCESS LIAB CLAIMS -MADE DED X RETENTION 10,00 508552320 /9/2016 /9/2017 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPMETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandabay in NH) If yes, describe under DESCRIPTION OF OPERATIONS bek., A Professional Liability 8PX1535616 /9/2016 /9/2017 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACaefi ACORD 101, Additional Remarks Schedule, N more space is required) Permit # 2016_R-496-0018-93010 TE LIMITS EACH OCCURRENCE $ 1,000,000 PREMISES Me occurrence $ 100,000 MID EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPIOPAGG $ 2,000,000 COMBINED SINGLE LIMIT acddgVJt 1,000,000 BODILY INJURY (Perperson) $ BODILY INJURY (Per accidmt) $ FiRO-PEWFYPPerracddeffl) E $ Medical Pawnents EACH OCCURRENCE $ $ 5,()00 1,000,000 AGGREGATE $ 1,000,000 WC SLIM OTH ER E.L. EACH ACCIDENT $ E -L. DISEASE - EA EMPLOYE9 $ E.L. DISEASE -POLICY LIMIT 1 Each Occurrence General A99re9ate $ -$1,000,000 $2,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FDOT ACCORDANCE WITH THE POLICY PROVISIONS. 7900 Forest Hill Blvd West Palm Beach, FL 33413 AUTHORIZM REPRESENTATIVE Joseph Grillo/CA l ACORD 25 (201 0105) ®1988-2010 ACORD CORPORATION. All rights reserved. IMS625 mninn.m ni Thr AItr1Rn name anef Ie nn mm raniefarnA marks ref Ar`ARn Form 990 Return of Organization Exempt From Income Tax Under section 501(c), 527, or 4947(x)(1) of the Internal Revenue Code (except private foundations) DeP�nentorthe treasury ■ Do not enter social security numbers on this form as It may be made public. haemal Revenue Service Information about Form 990 and its Instructions is at www_i`rs gov/form990 .+ ror me cu -to carenaar year, or tax year beginning Jul 1 8 Ct"lfal]ViCable C Name ofargallil Ca:rxi-nity Carin Center Address change Doing business as Name drenpe Number and sheet (or P.O. box If magi is not ddw ll rel 145 N E 4th Avenue Ftral MWmIlea My or fawn, slate or pmvinoe, country, and ZIP or Amendedretum Boynton Beach AMcafto pending F Name and addrew of prin dp el officer. Ron Rauh 145 N E 4th Avenue I Tax-exempt statusX 561(c)(3) 501(, J website: ► N/A K Form oforgenaaf -. I X ItxrperaBon Trust 2015, and ending Jun 3 0 :er Boynton Beach, Inc. D J OMB No. 9545.0047 2015 0PQn t9`Rubll&, 1rfl4plja 1 2016 boon number 65-0447796 ed to sheet address) Ftoornlaulle E Telsoone number (561) 364-9501 breign Pow code FL 33435-3865 G Greasrece;pts $ 857, 125. H(a) is this a gmuP regmi ror subordhrates7 lyas6110 No BO nton Beach FL 33935-3865 a(b) Are affsuboranatesincluded? res Ir No 'ch a list. (see h�ahudlons) a no.} 4947(a)(1) or 527 Assadatim I ' Other ■ K(o) GouP exemption number ■ 1- Year ar rarma4a,: 2000 M state of legal der 018- .ra+u .�unaraaa 1 t30efiy describe the organizations mission or most significant activities" PROVIDE _ _ _TO ASSISTANCE—TO _THE _NEEDY. ___ _._------------------------------------------------------------- 0 — — _ — — — ` — — — 2 Gheck this box ► —�f the organization discontinued its operations or disposed of than ¢ more 25% of its net assets, 3 Number of voting members of the governing body (Part VI, One 1a)3 o 4 Number of independent voting members of the governing body (Part VI, line i b) . � 9 Q' I 5 Total number of individuals employed oyed in calendar year 2015 (Part V, line 2a) .. _ 4 9 , ... . , 6 Total number of volunteers (estimate if necessary) ............... 5 5 eF 7a Total unrelated business revenue from Pari Vill, column (C), One 12 6 . ..... . .... . . .. b Net unrelated business taxable income from Form 990-T, line 34 . ..... 7a 0 . .......... . . .... ..... 7b 0 a � 8 tantnbutions and grants (Part VIII, line 1h) ...... , Prior Year Current Year .. 9 Program service revenue (Part VIII, tine 2g) .............. 462,231. 629,547. . . . . .. . ... 1@ Lr'�erft =717,e(Part VIII, column (A), lines 3, 4, and 7d) . 77, 12 6 . 80,030. 11 Comer s'e'iense (Part Vial, column (A), lines 5, fid, Sc, 9c, 10c, and 11e) _ .. _ . _ ... . 12 Tom' -wirer e — add �-^es S through 11 (must equal Part VIII, column (A), line 12) 53 127. 98,815. .. . 13 3-ar3 and S!mRar amounts paid (Part IX, column (A), lines 1-3) 592,484. 8 08, 392. .. . ...... . . . . . 14; oeWm *d to or for rnarrbers (Part IX, column (A), fine 4) ... ... ..... 15 Saar�ll otaer ccrrrpensation, employee benefits (Part IX, column (A), lines 5-10) 16aP�;assianai fundraising fees (Part IX, column (A), line 1le) .. . . 85,709. 106,198. b Total f ndrais=ng expenses (Part IX, column (D), line 25) ■ 1 457 . 17 other expenses (Part IX, column (A), lines 11a -11d, 11f -24e) . 18 Total expenses. Add lines 13-17 (must equal Part IX, column (A), fine 25) 404, 526. 671,292. ........ . 19 Revenue less expenses_ Subtract line 18 from line 12 490,535. 7 7 7 4 9 0' .. _ . _ , ...... 101 949. 30,902. 20 Total assets (Part X. line 16) . $ ... ......... ifi of Curml Year End of Year 41'• ..... 21 Total liabilities (Part X, line 25) ...... 433, 772. 441, 350. In. . . ................ 3 31 3 7 3 . 308 049. Zr 22 Net assets or fund balances. Subtract line 21 from line 20 .. . Part I I i' signature Block 102,399 . 133,301. xxsarSes o i..^.z : 1 49CWG that I have omnh d this return, Including aoeorngyng sdtsdules and statements, and to the hest of m �'sNeae a suer {vmer than aJr7cerj is based on eA bdormatlon orwhich preparer has any iewmedge. y �0 and half/f. ]t Is tare, correct, end Sign Signalure ofofacer ` Ron Rauh DateHere Type or ........ and UUe Prinvrm preparaes name PrWMWs signihua Date Paid Preparer STEVEN J. CORSO CPA nm -enema "'STEVEN STEVEN J. CORSO CPA 12/15/16 Chadr if PAN aet�emptoyed PQ1439283 CORSO CPA U -Se Only Ffrmaad ■ 1850 FOREST HILL BLVD Firm"sEIN 65-0820979 May the IRS discuss WEST PALM BEACH FL 33406 this return with the preparer shown above? (see instructions) ... _ . _ _ _ Mmana (561) 963-1003 — BAA For Paperwork Reductlon Notice, see the separate instructions. TEEA0101 1on21i5 Yes I I No Form 990 (2015) Form 990 (2015) Com=itX Caring Center Of Greater B ton Beach, Inc. 65-0447796 Paget Fart Statement of Program Service Accomplishments _ Check if Schedule O contains a response or note to any line in this Part ill ........... ...... ........... .. 1 Briefly describe the organization's mission: ---.---------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- 2 Did the organization undertake any significant program services during the year which were not listed on the prior Form 990 or 990 -EZ? . .. . .. .. . .. . . .. . ... . . .. . .. . ... . ... . .. . . .. . .. . . . . Yes FX No If Yes,' describe these new services on Schedule O. 3 Did the organization cease conducting, or make significant changes in how it conducts, any program services? .... . Yes ❑X No If Yes,' describe these changes on Schedule O. 4 Describe the organization's program service accomplishments for each of its three largest program services, as measured by expenses_ Section 501(c)(3) and 501(c)(4) organizations are required to report the amount of grants and allocations to others, the total expenses, and revenue, if any, for each program service reported. 4a (Code: ) (Expenses $ 741, 986. including grants of $ 0 . ) (Revenue $ 808,392. ) CCG operates -a Social Service and Economic De^veloLme: t D �artment _ _ _ - - - - - - - - ------------------------ ----- _so_c_i_al Services- Food Pantry-- --------------------------------------------------- Affordable _Food _Distribution _ Program ___ __ ____ _ _________ __ ____ Financial Assistance, Food-Sta Prescri tion Dru-, Medicaid, SSI A lications Faith in Action, volunteer frail - elders care �ivi�----------`---------_ -------------------------- Economic D_e_vel_opment_Programs------------------------------------------- Nutrition _Education for adults -and -children - A "Working" CulinaryInCubator____d1bta Secret Garden Cafe ------------------- Urban FarmingProiect See Form 99D, Page2TParti-ll, line 4a -continued------------------------------------------- 4 b (Code: ) (Expenses $ 4c (Code: ) (Expenses $ including grants of $ including grants of $ )(Revenue $ ) )(Revenue $ 4 d Other program services. (Describe in Schedule O.) (Expenses $ including grants of $ ) (Revenue $ } 4e Total program service expenses ► 741r 986 . BAA TEEn0102 10712115 Form 990 (2015) Form 990 (2015) Community Carin Center Of Greater Boynton Beach, Inc. 65-0447796 Page Part N I Checklist of Required Schedules Yes No 1 Is the organization described in section 501(cx3) or 4947(a)(1) (other than a private foundation)? If Yes,' complete Schedule A .. . .. . .. . 2 Is the organization required to complete Schedule B, Schedule of Contributors (see instructions)? . .. . .. _ . . 2 X 3 Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates for public office? ff Yes ' complete Schedule C, Part t . . . .. . .. . .. . . ... . .. . .. ... ... . . .. . 3 X 4 Section 501(c)(3) organizations. Did the organization engage in lobbying activities, or have a section 501(h) election in effect during the tax year? lfYes, I complete Schedule C, Part fl . . . . . . . . .. . .. . .. . .. . . . . . .. . 4 X 5 Is the organization a section 501(c)(4), 501(c)(5), or 501(c)(6) organization that receives membership dues, assessments, or similar amounts as defined in Revenue Procedure 98-19? If Yes,' complete Schedule C, Part M 5 X 6 Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? ff Yes,' complete Schedule D, Part 1 . . . ... . .. ... . . . 7 Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historic land areas, or historic structures? ff Yes,' complete Schedule D, Part 11 . . .. .. . . ... . . . . . 7 X 8 Did the organization maintain collections of works of art, historical treasures, or other similar assets? ff Yes,' complete Schedule D, Part Ill .. . . ... . . . . ... . .. . .. . ... . . . . . . .. .. . .. . .. . . .. . . 8 X 9 Did the organization report an amount in Part X, line 21, for escrow or custodial account liability; serve as a custodian for amounts not listed in Part X; or provide credit counseling, debt management, credit repair, or debt negotiation services? ff Yes' complete Schedule D, Part IV . . .. . ... . .. . ... . ... . .. ... . .. . .. . .. 9 X 10 Did the organization, directly or through a related organization, hold assets in temporarily restricted endowments, permanent endowments, or quasi -endowments? !f 'Yes' complete Schedule D, Part V . . ... .. . .. . ... . . 11 If the organization's answer to any of the following questions is 'Yes', then complete Schedule D, Parts VI, VII, Vul, IX, or X as applicable. a Did the organization report an amount for land, buildings and equipment in Part X, line 10? ff Yes,' complete Schedule D, Part VI . .. . .. . .. . .. . . . b Did the organization report an amount for investments — other securities in Part X, line 12 that is 5% or more of its total assets reported in Part X, line 16? ff Yes,' complete Schedule D, Part V11 .. . . .. . . .. . .. ... . . . . .... 1 i b X c Did the organization report an amount for investments — program related in Part X, line 13 that is 5% or more of its total assets reported in Part X, line 16? If Yes' complete Schedule D, Part Vlll . .. . . . . . ... .. . .. . ... . . . . . 11 c X d Did the organization report an amount for other assets in Part X, line 15 that is 5% or more of its total assets reported in Part X. line 16? If Yes,' complete Schedule D, Part IX . .. . . .. . .. . . ... . .. . . . ... . .. . . .. . . 11 d X e Did the organization report an amount for other liabilities in Part X, line 25? if Yes,' complete Schedule D, Part X. . . . . Ile X f Did the organization's separate or consolidated financial statements for the tax year include a footnote that addresses the organization's liability for uncertain tax positions under FIN 48 (ASC 740)? If Yes' complete Schedule D, Part X ... .. i i f X 12 a Did the organization obtain separate, independent audited financial statements for the tax year? ff Yes,' complete Schedule D, Parts Xl, Xll and .. . . .. . ... . .. . .. . . .. . .. . . .. . . .. . .. . .. ... . . . . . 12a X b Was the organization included in consolidated, independent audited financial statements for the tax year? ff Yes,' and if the organization answered 'No'to line 12a, then completing Schedule D. Parts XI and X11 is optional . . .. . . . _ 12b X 13 Is the organization a school described in section 170(b)(1)(A)(ii)? ff Yes' complete Schedule E .. .. . .. . . . . . . . 13 X 14a Did the organization maintain an office, employees, or agents outside of the United States? ... . . . .. . ... . . 14a X b Did the organization have aggregate revenues or expenses of more than $10,000 from grantmaking, fundraising, business, investment, and program service activities outside the United States, or aggregate foreign investments valued at $100,000 or more? !f Yes,' complete Schedule F, Parts I and IV .. . .. . . . . . . .. ... . . . . . . . .. . . 14b X 15 Did the organization report on Part Ix, column (A), line 3, more than $5,000 of grants or other assistance to or for any foreign organization? !f Yes,' complete Schedule F, Parts fl and IV . . .. . .. . . . . . . . . . . . .. . .. . . . 15 X 16 Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or other assistance to or for foreign individuals? ►f Yes' complete Schedule F, Parts IIi and IV ... . . . . . .. . . . ... .. . . .. . . . . is X 17 Did the organization report a total of more than $15,000 of expenses for professional fundraising services on Part IX, lines 6 column (A), and 11 e? !f Yes,' complete Schedule G, Part I (see instructions) .. . ... ... .. . . . . . 17 X i8 Did the organization report more than $15,000 total of fundraising event gross income and contributions on Part VIII, lines 1 c and 8a? If Yes,' complete Schedule G, Part 9 ...... .. ... .. . . .. ...... . ..... .. . 18 X 19 Did the organization report more than $15,000 of gross income from gaming activities on Part VIII, line 9a? ff Yes,' complete Schedule G, Part iii .. . . .. . . . . . .. . .. . .. . . . . . .. . ... . ... .. ... .. . . 19 X BAA TEF-AO103 10112115 Form 11190 (2015) Form 990 (2015) Commit Carin Center Of Greater Boynton Beach, Inc. 65-0447796 Part N I Checklist of Required Schedules (confinued) 20a Did the organization operate one or more hospital facilities? if Yes; complete Schedule N . . . . . . . . . . . . . . . . . Y0a b If Yes'to line 20a, did the organization attach a copy of its audited financial statements to this retum? . . . . . . _ _ _ . 20b 21 Did the organization report more than $5,000 of grants or other assistance to any domestic organization or domestic government on Part IX, column (A), line 1? ff Yes,' Complete Schedule 1, Perls I and fl . . .. . . 21 22 Did thenization report more than $5,000 of grants or other assistance to or for domestic individuals on Part IX, column (A), line 2? If Yes,' Complete Schedule 1, Parts 1 and N ... . ... . . . .. . .. . . . . . . . . . . • • , _ . _ _ 22 23 Did the organization answer Yes' to Part VII, Section A. line 3, 4, or 5 about compensation of the organization's current and former officers, directors, trustees, key employees, and highest compensated employees? if Yes,' complete Schedule J .. . .. . . . . . . . . . . .. . . . 24a Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year, that was issued atter December 31, 2002? If Yes' answerlines 24b through 24d and complete Schedule K. ff Wo, 'goo to line 25a ... ... ... ... . . .. . .. . .. . .. . . .. . ... . . . . . 24a b Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception? .. ..... .. . 24b c Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease any tax-exempt bonds? .............. .. ..... .. .. ..... .... .... .. ..... . . . . . . 24c d Did the organization act as an 'on behalf of issuer for bonds outstanding at any time during the year? . .. . . . . . _ . . 24d 25a Section 501(143), 501(c] 4), and 501(c)(29) organhadons. Did the organization engage in an excess benefit transaction wi a disqualfiffriad dduring person the year? ff Yes,' complete Schedule L, Part I ... . . . , . ... 25a b Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior year, and that the transaction has not been reported on any of the organization's prior Form 990 or 990 -EZ? If Yes' complete Schedule L, Part I ..... ...... . .. .. . ....... .. ............. . . .. ... .,. . . . . . 25b 26 Did the organization report any amount on Part X, line 5, 6, or 22 for receivables from or payables to any current or former officers, directors, trustees, key employees, highest compensated employees, or disqualified persons? If Yes, complete Schedule L, Part 11 . ... ... . .. . .. . .. .. ... ... ... .. . . .. . .. . ... . . .. 26 27 Did the organization provide a grant or other assistance to an officer, director, trustee,key employee, substantial contributor or employee thereof, a grant selection committee member, or to a 35% controlled entity or family member of any of these persons? ff Yes,' complete Schedule L, Part 111 .. . . .. . .. . .. ... . .. . . ... ... , . 27 28 Was the organization a party to a business transaction with one of the following parties (see Schedule L, Part IV instructions for applicable filing thresholds, conditions, and exceptions)_ a A current or former officer, director, trustee, or key employee? if Yes;' complete Schedule L, Part IV . _ 28a b A family member of a current or former officer, director, trustee, or key employee? ff'Yes,' complete Schedule L, Part !V ... . . .. . .. . . .. . ... .. . ... . .. . . .. . .. .. . . .. . . . c An entity of which a current or former officer, director, trustee, or key employee (or a family member thereof) was an officer, director, trustee, or direct or indirect owner? If Yes,' complete Schedule L, Part IV .. . . .. . . .. . .. . . . 29 Did the organization receive more than $25,000 in non-cash contributions? ff Yes,' complete Schedule M .. . .. . , , _ 30 Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation contributions? If Yes,' complete Schedule M . . .. . .. . . . . .... . .. . .. .. . ... . . . . . .. . ... . . 31 Did the organization liquidate, terminate, or dissolve and cease operations? ff Yes,' complete Schedule N, Part I - 32 Did the organization sell, exchange, dispose of, or transfer more than 25% of its net assets? ff Yes,' complete Schedule N, Part H .... .. .. ..... .. .... ......... .. ......... .. .. ... .. . . 33 Did the organization own 100% of an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301.7701-3? If Yes,' complete Schedule R, Part I ... . . .. . .. .. . .. . . ... . .. . . 34 Was the organization related to any tax-exempt or taxable entity? ff Yes ' complete Schedule R, Part 1l, 11f, or IV, and Part V, line I ................................................ 35a Did the organization have a controlled entity within the meaning of section 512(b)(13)? . .. . . . . . . .. ... . . . b If Yes' to line 35a, did the organization receive any payment from or engage in any transaction with a controlled entity within the meaning of section 512(b)(13)? If'Yss,'complete Schedule R, Part V, line 2 .. . . .. . ... . . 36 Section 501(c)(3) organizations. Did the organization make any transfers to an exempt non -charitable related organization? If Yes,' complete Schedule R, Part V, line 2 . . . .. . ... . ... .. .. . .... .... . . . . . . . 37 Did the organization conduct more than 5% of its activities through an entity that is not a related organization and that is treated as a partnership for federal income tax purposes? If Yes,' Complete Schedule R, Part VI . . ... . ... ... . 38 Did the organization complete Schedule O and provide explanations in Schedule O for Part VI, lines 11b and 19? Note. All Form 990 filers are required to complete Schedule O . .. . . ... ... .. . .. . ... . . .. . .. . . . . . BAA TEEA0104 10!12!15 28b 28c 29 30 31 32 33 34 35a 35b 36 37 age 4 No X X X X X X X X X X X X X X X X X X X X X 38 1 X Form 990 (2015) Form 990 (2015) Coummity Caring Center Of Greater Boynton Beach, Inc. 65-0447796 Page 5 Part V Statements Regarding Other IRS Filings and Tax Compliance Check if Schedule O contains a response or note to any line in this Part V ... ... . . .. . .. . .. . ... .. ... . . ... . . d If ryes,' indicate the number of Forms 8282 filed during the year .......... .... .. 7 d Yes No 1 a Enter the number reported in Box 3 of Foram 1096_ Enter -0- if not applicable .. . ... . ... I lal 0 g If the organization received a contribution of qualified intellectual property, did the organization file Form 8899 as required? ................................................... . 79 b Enter the number of Forms W 2G included in line 1 a_ Enter -0- if not applicable . ..... .. [_"b 0 organization have excess business holdings at any time during the year? ... . . .. . .... . . . . . . 6 X c Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming a Did the sponsoring organization make any taxable distributions under section 4966? . . .. . . . . . . 9 a (gambling) winnings to prize winners? . . .. . ... . . .. . ... .. . . .. . . .. . . .. . . .. ... . .. .. . . 1c X 2 a Enter the number of employees reported on Form W-3, Transmittal of Wage and Tax State- I a Initiation fees and capital contributions included on Part VIII, line 12 . . .. . .. . .. . . . . . I 10al ments, filed for the calendar year ending with or within the year covered by this return . . . .. 2 a a Gross income from members or shareholders ... . .. . . ... ... .. . ... 11 a b if at least one is reported on line 2a, did the organization file all required federal employment tax returns? 2b X Note. If the sum of lines 1a and 2a is greater than 250, you may be required to e -file (see instructions) b If 'Yes,'enter the amount of tax-exempt interest received or accrued during the year . . .... I 12b 3 a Did the organization have unrelated business gross income of $1,000 or more during the year? .. . . .. . 3a X b If 'Yes' has it filed a Form 990-T for this year? If ft'ta line 3b, provide an explartadon in Sc1>ea4ule O . ... . . .. . .. . . 3b 4 a At any time during the calendar year, did the organization have an interest in, or a signature or other authority over, a c Enter the amount of reserves on hand . ... . .. . . ... . .. . .. ... . .... ...1 13 c financial account in a foreign country (such as a bank account, securities account, or other financial account)? .. . . 4a X b If 'Yes,' enter the name of the foreign country: ■ See instructions for filing requirements for FinCEN Form 114, Report of Foreign Bank and Financial Accounts. (FGAR) 5 a Was the organization a party to a prohibited tax shelter transaction at any time during the tax year?. ... .. .. 5 a X b Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction? .. . . . 5b X c If'Yes,' to line 5a or 5b, did the organization file Form 8886-T? ... .. . . .. . . .. . ... . ... . . . .. . . . 5c: 6 a Does the organization have annual gross receipts that are normally greater than $100,000, and did the organization solicit any contributions that were not tax deductible as charitable contributions? .. . . .. . . ... ...... . . 6a X b If'Yes,' did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible .. ... . ... ... . .. . ... . . .. . ... .. . .. . . ... . . .. . .. . .. . 6 b 7 Organizations that may receive deductible contributions under section 170(c). a Did the organization receive a payment in excess of $75 made partly as a contribution and partly for goods and services provided to the payor? . ........ .... . ..... ...... ....... .......... 7 a I X b If 'Yes,' did the organization notify the donor of the value of the goods or services provided? . . ... .... . 7 b c Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to file Form 8282? ....... .... ........... . 7c X d If ryes,' indicate the number of Forms 8282 filed during the year .......... .... .. 7 d e Did the organization receive any funds, directly or indirectly, to pay premiums on a personal benefit contract?. 79 X f Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract?- . . 7f X g If the organization received a contribution of qualified intellectual property, did the organization file Form 8899 as required? ................................................... . 79 h if the organization received a contribution of cars, boats, airplanes, or other vehicles, did the organization file a Form 1098-C? .. . ... . ... ... . .. . ... . . .. . .. . .. . .. . . ... . . .. . .. . .. . . . 7 h 8 Sponsoring organizations maintaining donor advised funds. Did a donor advised fund maintained by the sponsoring organization have excess business holdings at any time during the year? ... . . .. . .... . . . . . . 6 X 9 Sponsoring organizations maintaining donor advised funds. a Did the sponsoring organization make any taxable distributions under section 4966? . . .. . . . . . . 9 a X b Did the sponsoring organization make a distribution to a donor, donor advisor, or related person? 9 b X 10 Section 501(c)(7) organizatiorm. Enter. a Initiation fees and capital contributions included on Part VIII, line 12 . . .. . .. . .. . . . . . I 10al b Gross receipts, included on Form 990, fart VIII, line 12, for public use of club facilities . . .. 10 b 11 Section 501(c)(12) organizations. Enter: a Gross income from members or shareholders ... . .. . . ... ... .. . ... 11 a b Gross income from other sources (Do not net amounts due or paid to other sources against amounts due or received from them.) ..... .... ......... .. . 11 b 12 a Section 4947(a)(1) non-exempt charitable trusts. Is the organization filing Foran 990 in lieu of Foran 1041? . .. . . .. . . 12a b If 'Yes,'enter the amount of tax-exempt interest received or accrued during the year . . .... I 12b 13 Section 501(c)(29) qualified nonprofit health insurance issuers. a Is the organization licensed to issue qualified health plans in more than one state? . . . .. . ... . . _ 13a Note. See the instructions for additional information the organization must report on Schedule O. b Enter the amount of reserves the organization is required to maintain by the states in which the organization is licensed to issue qualified health plans .. . .. . .. . . .... 13b] c Enter the amount of reserves on hand . ... . .. . . ... . .. . .. ... . .... ...1 13 c 14a Did the organization receive any payments for indoor tanning services during the tax year? . . ... ... .. . ... . . . 14a X b If'Yes,' has it filed a Form 720 to report these payments? !f 1Vo,' provide an explanation in Schedule O .. .. . . ... . .. 146 AA TEEA0105 10/12/15 Fnrm 990 19n747 Form 990 (2015) Cormaunity Caring Center Of Greater Boynton Beach., Inc. 65-0447796 Page 6 Part YI Governance, Management, and Disclosure For each 'Yes'response to lines 2 through 7b below, and for a No'response to line 8a, 8b, or 10b below, describe the circumstances, processes, or changes in Schedule O. See instructions. _ Check if Schedule O contains a response or note to any line in this Part VI . . ... ... .. . .. .... ... . ... . .. . .. . Ac Section A. Governing Body and Management -'- Yes No 1 a Enter the number of voting members of the governing body at the end of the tax year. ... .. 1 a 9 If there are material differences in voting rights among members of the governing body, or if the governing body delegated broad authority to an executive committee or similar committee, explain in Schedule 0. b Enter the number of voting members included in line 1 a, above, who are independent . ... . 1 b 9 2 Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee? ........... .. . ..... .. ........ ... ..... .. 2 X 3 Did the organization delegate control over management duties customarily performed by or under the direct supervision of officers, directors, or trustees, or key employees to a management company or other person? ... ... . . . . . . . . . 4 Did the organization make any significant changes to its governing documents 3 X since the prior Form 990 was filed? . . ... . .. . ... ... . ... . . .. . .. . ... .. . .. . . . . . . . . . . 5 Did the organization become aware during the year of a significant diversion of the organization's assets? . . . . , . . , . 6 Did the organization have members or stockholders? .. .. . . .. . ... . ... . ... .. . ... .. . . . . . . .. . 7 a Did the organization have member,, stockholders, or other pentons who had the power to elect or appoint one or more 4 X 5 X 6 X members of the governing body? . . . . .. . . ... .. . ... . ... . .. . . .. . ... .. . ... . . . . . . . . 7 a X b Are any governance decisions of the organization reserved to (or subject to approval by) members, stockholders, or persons other than the goveming body? ..... ........ .................. . 7 b X 8 Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the following: a The governing body? . ... ... .... . ............ . .... ....... . ......... b Each committee with authority to act on behalf of the governing body? . . . .. . . .. . .. . .. . .. ... . 9 Is there any officer, director, trustee, or key employee listed in Part VII, Section A, who cannot be reached at the 8a X 8b X organization's mailing address? lf'Yes,' provide the names and addresses in Schedule O . . .. . .. . .. . .. . . ... Section B. Policies his Section B requests information about polides not Tguired by the Internal Revenue 9 Code. X lea Did the organization have local chapters, branches, oraffiliates? . . ... . .. . . .. . ... ... .. . ... . . . Yes No lea X b If Yes,' did the organization have wduen polkies and procedures governing the activities of such chapters, affiliates, and branches to ensure their operations are consistent with the organization's exempt purposes? .. .. . . .. . . .. . . .. . ... .. . . . . 10b 1 i a Has the organization provided a co"Iete Dopy of this Form 990 to all members of its goveming body before filing the form? . . . . . . . . . . b Describe in Schedule O the process, if any, used by the organization to review this Form 990. Ila X 12 a Did the organization have a written conflict of interest policy? If Wo,' go to line 13 . . ... ... ... . . b Were officers, directors, or trustees, and key employees required to disclose annually interests that could give rise toconflicts? ... . . .. . ... . .. . . ... ... ... ... . . .. . ... ... . .. .. . ... .. . . . . . c Did the organization regularly and consistently monitor and enforce compliance with the policy? If'Yes,' describe in Schedule O how this was done ... ... . ... . .. . .. . ... . .. . . . .. . .. . .. . .. ... ... 13 Did the organization have a written whistleblower policy? . .. . .. . .. . . ... . .. . .. ... . .. ... . . . . . 14 Did the organization have a written document retention and destruction policy? .. . ... ... ... ... .. . . 15 Did the process for determining compensation of the following persons include a review and approval by independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision? 12a X 12b X 12c X 13 X 14 X a The organization's CEO, Executive Director, or top management official ... . . .. . .. . .. . . . .. b Other officers or key employees of the organization ... ...... .. .. ....... .. ... If'Yes'to line 15a or 15b, describe the process in Schedule 0 (see instructions). 15a X 15b X 16 a Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable entity durtng the year? ...... .. ............. ........ ...... .. .... . . . 16a X b If'Yes,' did the organization follow a written policy or procedure requiring the organization to evaluate its participation in joint venture arrangements under applicable federal tax law, and take steps to safeguard the organization's exempt status with respect to such arrangements? . 16 b Section C. Disclosure 17 List the states with which a copy of this Form 990 is required to be filed ► Florida 18 Section 6104 requires an organization to make its Forms 1023 (or 1024 if applicable), 990, and 990-T (Section 501(x)(3)5 only) available for public inspection- Indicate how you made these available- Check all that apply. FlOwn website El Another's website Pq Upon request Other (explain in Schedule 0) 19 Describe in Schedule 0 whetlter (and g so, how) the organization made its govertrg documents, amllict of interest p ft and firondal stmmierris available to the public drrtQrg the rax year. 20 State the name, address, and telephone number of the person who possesses the organization's books and records: ► 196 MQTf MM MM OF 136Y6i1Fl ME, W. 145 N E 4th AVM, BOYN1'0N BEACH FL 33425 (5 61) 364-9501 BAA TEEA0106 10112!16 Form 990 (2015) Form 990 i Center Of Greater Bc Inc. 65-0447796 in of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Contractors Check if Schedule O contains a response or note to any line in this Part VII ....... ... .... . . .. .. . ... ...... ❑ Section A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees 1 a Complete this table for all persons required to be listed. Report compensation for the calendar year ending with or within the organization's tax year. • List all of the organization's current officers, directors, trustees (whether individuals or organiizaatittons), regardless of amount of compensation. Enter -0- in columns (D), (E), and (F) if no compensation was paid. 0 List all of the organization's current key employees, if any. See instructions for definition of 'key employee.' 0 List the organization's five current highest compensated employees (other than an officer, director, trustee, or key employee) who received reportable compensa*m (Box 5 of Form W-2 and/or Box 7 of Form 10WMISC) of more than $100,000 from the organization and any related organizations. List all of the organization's former officers, key employees, and highest compensated employees who received more than $100,000 of reportable compensation from the organization and any related organizations. • List all of the organization's fbii n r directors or trustees that received, in the capacity as a former director or trustee of the organization, more than $10,000 of reportable compensation from the organization and any related organizations. List persons in the following order: individual trustees or directors; institutional trustees; officers; key employees; highest compensated employees; and former such persons. F1Check this box if neither the organization nor any related organization compensated any current officer, director. or trustee_ BAA TEEA0107 10712115 Form 990 (2015) (C} (A) iB} Position (da not check more Man hox (D) (l=) (F) Name and Title AWregs one unless person is twM an orifoer and a Reportable Reportable Estimaled hours directorthusrss) compensation from oompensadon frau amount of other PerO the organization 1w211ti9�Mlsc) related erganb ations (w-211099-Misc) compensation m Vothe 3 5' m a itiweek Y horas for 5 Q `vq emend related organize- a_ o mgentizIlons tions below dotted line) CD Joyce Portnoy------------ President -1.00 X X 0. 0. 0. (2) Everlene Baker ---------------------- 1.00 1st Vice President --- X X 0. 0. 0. (3) Doreen Robinson 1.00 2nd Vice President X X 0. 0. 0. _(4)_Ron Rauh__ _ - 1.00 Treasurer X X 0. 0. 0. _ - -M-Paula Melley-_-_-------- T Secreta .1.00 X X 0. 0. 0. (s) Allan Hendricks -------------------------- 1.00 Director ---- X 0. 0. 0. _(?)_John -McGovern ____________ - 1.00 Director X 0. 0. 0. -(8)-Maureen Connolly---------- Director -1.00 X 0. 0. 0. -(9}-Tamara S lvestre 1-00 Director X 0. 0. 0. (10) ------------------------- ---- (ii) (12) ---------------------------- (13) --------------------------- (U) ------------------------- BAA TEEA0107 10712115 Form 990 (2015) Form 990 2015 Community Carin Center Of Greater Boynton Beach Inc. 65-0447796 Page 8 Part WI ISection A. Officers. Mrectnrs- Trustppc_ Kau iFmninva a ftnrl lainhghaf f'-nn,neneaafarl fGnanlm�nna i N . n from the organization ► Yes I No 3 Did the organization list any former officer, director, or trustee, key employee, or highest compensated employee on line 1 a? if Yas,' complete Schedule J for such individual . . .. . .. . .. . .. . ... . ... . .. . . . 3 X 4 For any individual listed on line 1a, is the sum of reportable compensation and other compensation from the organization and related organizations greater than $150,000? ff Yes' complete Schedule J for such individual . . . ... . .. ... .. . . .. . . .. . ... . .. ... ... ... . . .. . . .. . 4 X 5 Did any person listed on line is receive or accrue compensation from any unrelated organization or individual for services rendered to the organization if Yes%'cornplete Schedule J for such prson 5 I X Section B. Independent Contractors Com eta this table for your five highest compensated independent contractors that received more thanof compensation from the organization. Report compensation for the calendar year ending with or within the organization's tax year. Name and business address Descriptionsof services (B) R (A) Average PosMGn (do not check mare than ons (D) (E) (F) Name and title hours per hoz, unless person is both an officer and a directorlhustse) Reportable Reportable Estimated week ( compensation ham the anb�tion (W 21jr=Isc) compensation from related organfzzetlana amountof other Wrrrpensaticn 3 Q — (W-?J1093MIsc) from o� 5 I'D" and related z 3 air related organize O organastions below <° line) a -M-)------------------------- --- (16) (17) (18) (19) (20) (21) (22) ---------------------------- (23) (24) (25) 1 b Sub -total . . . . . . .. . . . . .. . .. . . ... . .. . ... . .. ... .. ~ 0, 0. 0. c Total from continuation sheets to Part VII, Section A . . .. . ... ... .. d Total (add lines 1b and 1c) .......... .... ........... .. 0-1 0.1 0. 2 Total number of individuals (including but not limited to those listed above) who received more than 5100-000 of rennrtahIp rnmrnensatinn from the organization ► Yes I No 3 Did the organization list any former officer, director, or trustee, key employee, or highest compensated employee on line 1 a? if Yas,' complete Schedule J for such individual . . .. . .. . .. . .. . ... . ... . .. . . . 3 X 4 For any individual listed on line 1a, is the sum of reportable compensation and other compensation from the organization and related organizations greater than $150,000? ff Yes' complete Schedule J for such individual . . . ... . .. ... .. . . .. . . .. . ... . .. ... ... ... . . .. . . .. . 4 X 5 Did any person listed on line is receive or accrue compensation from any unrelated organization or individual for services rendered to the organization if Yes%'cornplete Schedule J for such prson 5 I X Section B. Independent Contractors Com eta this table for your five highest compensated independent contractors that received more thanof compensation from the organization. Report compensation for the calendar year ending with or within the organization's tax year. Name and business address Descriptionsof services Compensation 2 Total number of independent contractors (including but not limited to those listed above) who received more than $100,000 of compensation from the organization I EFAOt09 MUM Form 990 (24155) Form 990 (2015) Community Caring Center Of Greater Boynton Beach, Inc. 65-0447796 Page 9 Part Viii Statement of Revenue Check if Schedule 0 contains a resnonse or note to anv line in this Part Vial L A Total revenue Related or exempt function revenue 1. a (C) (D} Unrelated Revenue business excluded from tax revenue under sections C7: — 512-514 1. a 1 a Federated campaigns .. . .. 1 a _ o b Membership dues . . _ . . .. 1 b c�. c Fundraising events - - - .. i c C7: — d Related organizations .. Id e Government grants (contributions) Is 109,240. m . c f All other contributions, gigs grants, and similar amounts not included above. if 520,307. g Noncash contributions included in lines 1a -1f: $ 152,146. is h Total. Add lines 1a-lf . .. . . .. . ... . . .. . .. ► 629,547. m Business Code 2a Program Service ______food sales 80 030. 80,030. 0. 0. cc b m------------------ C ----------------- d ___ e------------------ f Al other program service revenue - a g Total. Add lines 2a -2f ... .. .. .... ....... ► 80, 030 . 3 Investment income (including dividends, interest and other similar amounts) . .. . . ... . . . . . .. . .. ■ 4 Income from investment of tax-exempt bond proceeds .. ! 5 Royalties ... ... ... . .. . .. . . ... . .. . (1) Rea► (6) Pemonal 6 a Gross rents ... . . b Less: rental expenses e Rental income or {loss) . . d Net rental income or (loss) ....... ........ 7 a Gross amount from sales of 0) Semmes01) other assets other than inventory b Less: cost or other basis and sales expenses .. . c Gain or (loss) . .. . d Net gain or (loss) .. . ..... ... . ........ ■ 8 a Gross income from fundraising events (not including. - $ of contributions reported on line 1c). See Part IV, line 18.. - - ...... a 147,548. i b Less: direct expenses . .. . ... . b 48,733. c Net income or (loss) from fundraising events ... ... . 9 a Gross income from gaming activities. See Part IV, line 19. ... ... . . . a b Less: direct expenses . . ... . .. b c Net income or (loss) from gaming activities .. . .. . .. 10a Gross sales of inventory, less returns and allowances .. . ... . .. . . a b Less: cost of goods sold . . ... . . b c Net income or (loss) from sales of inventory . . ... .. MismOan ous Revenue easiness Coda Is ----------------- b---------------- b C d All other revenue . ` J . - _ . . e Total. Add lines Ila -11d . ... . .. . . .. . ... . . Total revenue. See instructions ... . ... . .. . .. TEFA0109 10/12/15 Form 990 (2015) Form 990 (2015) Cow=ity Caring Center Of Greater Boynton Beach Inc. 65-0447796 Page 10 Part IX I Statement of Functional Expenses Section 509 c 3 and 504 c 4 organizations must cam fete all columns. All other o anizations must complete column (A). Check if Schedule O contains a response or note to any line in this Part IX .. . .. . . . .. ... . ... .. . . . ... . Do not include amounts reported on lines A ) () Do 7b, 8b, 96, and 106 of Part Wit. Total expenses Program Management and Fundra}sing expenses general expenses expenses 1 Grants and other assistance to domestic organizations and domestic governments_ See Part IV, line 21 . ........... . 2 Grants and other assistance to domestic individuals. See Part IV, line 22.. . . .. . 3 Grants and other assistance to foreign organizations, foreign gavemments, and for- eign individuals. See Part IV, lines 15 and 16. . 4 Benefits paid to or for members. .. . . .. . 5 Compensation of current officers, directors, trustees, and key employees ..... .. . _ 6 Compensation not included above, to disqualified persons (as defined under section 4958(f)(1)) and persons described in section 4958(c)(3)(B). ... . . .. . .. _ 7 Other salaries and wages.... .. .. . . . 98,244. 98.244. 0. 0. B Pension plan accruals and contributions (include section 401(k) and 403(b) employer contributions).. . .. . _ . 9 Other employee benefits . . .. . . .. . . 10 Payroll taxes . . . ... . ... . .. . 7,954. 7,954. 0. 0. 11 Fees for services (non -employees): a Management .. . . . . . . . . . . . . . . . b Legal . ... . . . . ... . . . . . . . c Accounting . . . . .... . . . . . . . . . . 12,5B5. 0. 12,585- 0. d Lobbying . . .. . ... .. . . . . . . . . e Professional fundraising services. See Part IV, line 17 . f Investment management fees .... . .. . g Other, (If line 119 amount exceeds 10% of fine 25, column (A) amount, fist line 119 expenses on Schedule 0.) . 12 Advertising and promotion . . , . .. . 13 Office expenses ...... . . . .. . . . 11,730- 10,761. 733. 236. 14 Information technology . .. . .... . . _ . 15 Royalties . .. . .. . . . . _ .... . . . 16 Occupancy.. . . . . .. . . - . . . 73,665. 71,065. 2,600. 0. 17 Travel . .. . ... . . . . . . .. . . . . . 8,726. 8,726. 0. 0. 18 Payments of travel or entertainment expenses for any federal, state, or local pubitc officials .. .... .... .. .. . . 19 Conferences, conventions, and meetings .. . 561. 561. 0- 0. 20 Interest . . .. . .. . . .. . ... . .. . . 2,043. 2,043. 0. 0. 21 Payments to affiliates . .. . . .. . ... . . 22 Depreciation, depletion, and amortization ... 19,819. 91668. 10,151. 0. 23 Insurance . ... .... ... . ... . . 17,730. 14,362. 3,368. 0 24 Other expenses. Itemize expenses not covered above (List miscellaneous expenses in line 249. If line 24e amount exceeds 106 of line 25, column (A) amount, list line 24e expenses on Schedule O.) . . .. . ... . . a FOOD_& SHELTER SERVICES 292,077- 292 077- 0- _ _ _ b Telephone _/ Internet_ _ _ _ _ _ c Fees &Taxes _________ d Repair &_Maintenence_ _ _ _ _ _ e Al other expenses . . . .. . ... ... . 183 723. 183 723. -0. 0. 25 Total fiatetioeaf expenses. Add fines 1 thrxrgh 24e. 777,490. 741,986. 34,047. 1.457_26 Joint costs. Complete this line only if the organization reported in column (B) joint costs from a combined educational campaign and fundraising solicitation. Check here ► ❑ if following SOP 98-2 (ASC 958-720).. . ... . _ . . . BAA TEEA0110 10112115 Form 990 (2015) Form"" 2015 Community caring center Of Greater Boynton Beach Inc. 65-0447796 Page 11 Part X I Balance Sheet Check if Schedule 0 contains a response or note to any line in this Part X ...... ..... ......... ........... n Form (A) Beginning of year (B) End of year 1 Cash — non-interest-bearing .... .... . . .. . . . ... . .. . . 2 Savings and temporary cash investments . . . . . . . . . 3 Pledges and grants receivable, net . .. . . .. .. . . . . . . . . . . . . . 4 Acoountsreceivable, net ......... . . , . . . . .. .. ... . . . 5 Loans and other receivables from current and former officers, directors, rt ll trustees Schaamp C .es' and highest compensated employees: Complete 6 Loans and other receivables from other disqualified persons (as defined under section 4958(f)(1)), persons described in sedan 4958(c)(3)(B), and contributing employers and sponsonngorganizations of section 501(c)(9) voluntary employees' beneficiary organizations (see instructions). Complete Part II of Schedule L .. .. . 7 Notes and loans receivable, net .... . .. ... . ... . - - : - - a Inventories for sale or use 9 Prepaid expenses and deferred charges . . 10a Land, buildings, and equipment: cast or other basis_ CompletePart VI of Schedule D . . .. . . ... . . . 110a 307,762. b Less. accumulated depreciation .. - - - - . - .. . . jobi 152 301. 11 Investments — publicly traded securities . . ... . . - . . ... .. . - , . - 12 Investments — other securities. See Part IV, line 11 . . . . , . .. . . . 13 Investments — program -related. See Part IV, line 11 , . . , , . , , 14 Intangible assets . . .. . .. ... . .. . . ... . , . ... .. ... . . - 15 other assets. See Part IV, line 11 ..... .... . . . . .... . .. . . . 16 Total assets. Add fines 1 through 15 must equal line 34) 25,981. 1 3,961. 2 3 269,798- 4 280, 745. 5 6 7 a 1'086. 9 135 224. 10e 155 461. 11 12 13 14 1,683. 15 1,183. 433 772. 16 441,350. to 17 Accounts payable and accrued expenses ...... ...... .. ... . . . 18 Grants payable . . ... .. . .. . .. . .. . . .. . ... .. . . 19 Deferred revenue . ... .. . .. ... .. , . .. . .. . .. , . . . . , . . 20 Tax-exempt bond liabilities ....... . . ............ 21 Escrow or custodial account liability. Complete Part IV of Schedule D 22 Loans and other payables to current and former officers, directors, trustees, key employees, highest compensated employees, and disqualified persons - Complete Part 11 of Schedule L ..... .... ............... ... 23 Secured mortgages and notes payable to unrelated thins parties ...... . . . . . 24 Unsecured notes and loans payable to unrelated third parties ... ... . , . , .. 25 Other liabilities (including federal income tax, payables to related third parties, and other liabilities not included on lines 17-24). Complete Part X of Schedule D ... 26 Total liabilities. Add lines 17 through 25 17,513. 17 28,869. 18 269,798- 19 258,183. 20 21 22 44,062. 23 20,997. 24 25 331.373. 26 3 0 8 049 - C m m28 p 8' Organizatiorm that follow SFAS 117 (ABC 958), check here 1, and complete lines 27 through 29, and lines 33 and 34. Unrestricted net assets 27 ... ..... . Temporarily restricted net assets • .. .. . , . . . 29 Permanently restricted net assets . .. . . , . . . . . .. . . . . Organizations that do not follow SFAS 117 (ASC 958), check here and complete lines 30 through 34. 30 Capital stock or trust principal, or current funds ... ......... . 31 Paid -in or capital surplus, or land, building, or equipment fund .. . .. 32 Retained earnings, endowment, accumulated income, or other funds 33 Total net assets or fund balances ........ ... ....... . , 34 Total liabilities and net assetsifund balances ... ....... ........... 102,39-9. 27 1 133 301. 0. 28 0. 29 30 31 82 102,399. 33 133,301. 433 772. 34 441,350- 41 350 - Form 990 (2015) 1101114L111111111411141-1 Form 990 (2015) Cowunity Caring Centex Of Greater Boynton Beach, Inc. 65-0447796 Page 12 Part XI Reconciliation of Net Assets Check if Schedule O contains a response or note to any line in this Part XI . . . . . . . . . .. . .. . . .. . . . . . . . . .. . . 1 Total revenue (must equal Part VII I, column (A), line 12) ...... ..... ... .. . 1 B 0 t3 3 92 2 777,490. 2 Total expenses (must equal Part IX, column (A), line 25) . . . . .. . .. . .. . . . ... 3 30,902. 3 Revenue less expenses- Subtract line 2 from line 1 ..... ......... . . . . .. 4 Net assets or fund balances at beginning of year (must equal Part X, line 33, column (A)) 4 102,399. 5 s Net unrealized gains (losses) on investments . ... .. .. .. 6 Donated services and use of facilities . .. . . . . ... . . . . . .. ... . . . . . 6 7 Investment expenses .. . .. . . ... . . .. . ... .. . .. .... .. .. . . . . . ... 7 11 Prior period adjustments . . .. . . . _ . . . . - . - . - ... . , . . . , , . . .. . ... , . a 9 Other changes in net assets or fund balances (explain in Schedule O) , . ... .. . .. . .... . 9 10 Net assets or fund balances at end of year- Combine lines 3 through 9 (must equal Part X, line 33, column (B)) .... ...... ....... ....... . ... ........ ....... . .. . .... 1 10 133J01. Part XIl Financial Statements and Reporting Check if Schedule O contains a response or note to any line in this Part XII .. .. ... .... ... .. .. ....... ... . . 1 Accounting method used to prepare the Form 990: 11 Cash AAcaval Other Yes No If the organization changed its method of accounting from a prior year or checked 'Other,' explain in Schedule O. 2 a Were the organization's financial statements compiled or reviewed by an independent accountant? . ... .. 2a X If 'Yes,' check a box below to indicate whether the financial statements for the year were compiled or reviewed on a s rT e rate basis, consolidated basis, or both: Separate basis ❑Consolidated basis []Booth consolidated and separate basis b Were the organization's financial statements audited by an independent accountant? . ........... 2b X If 'Yes,' check a box below to indicate whether the financial statements for the year were audited on a separate basis, consolidated basis, or both- 0 Separate basis 11 Consolidated basis Both consolidated and separate basis c If 'Yes' to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant? . .. . .. .. .. . . . 2c X If the organization changed either its oversight process or selection process during the tax year, explain in Schedule O. 3 a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A-133? . . .. . ... . .. ... . .. ... . . . . . . .. . .. . .. .. . ... 3 a X b If'Yes,' did the organization undergo the required audit or audits? If the organization did not undergo the required audit or audits, explain why in Schedule O and describe any steps taken to undergo such audits . 3 h BAA Form 990 (2015) TEEA0112 10MMU SCHEDULE A Public Charity Status and Public Support I OMB Nn.1545-W47 (Form 990 or 990-EZ) Complete if the organization is a section Sol (c)(3) organization or a section 1 4947(a)(1) nonexempt charitable trust. 2075 11 Attach to Fame 990 or Forth 990-EZ. Departrnerd of the Treasury ► Information about Schedule A (Form 990 or 990-EZ) and its instructions is �n to Public Internal Revenue Service at www-imgovhbrrn99Q inspection Name of Um oManhmucm Employer iderdifigedon number community Caring Center Of Greater Bo tan Beach, Inc. 165-0447796 Part I I Reason for Public Charlty Status All organizations must Complete this art. See instructions. The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.) 1 A church, convention of churches, or association of churches described in section 170(b)(1)(A)(i). 2 = A school described in section 170(b)(1)(A)(fi). (Attach Schedule E (Form 990 or 990-FZ).) 3 A hospital or a cooperative hospital service organization described in section 170(b)(1)(A)(ffi). 4 A medical research organization operated in conjunction with a hospital described in section 170(b)(1)(A)(111)• Enter the hospital's name, city, and state: 5 organization operated for the benefit of a college or university awned or operated by a governmental unit described in section — 17 170(b)(1)(A)(iv). (Complete Part II.) a A federal, state, or local govemment or governmental unit described in section 170(b)(1)(A)(v). 7 X An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in section 170(b)(1)(A)(vi). (Complete Part 11.) 8 A community trust described in section 170(b)(1)(A)(vi). (Complete Part ll.) 9 An organization that normally receives: (1) more than 33-113% of its support from contributions, membership fees, and gross receipts from activities related to its exempt functions — subject to certain exceptions, and (2) no more than 33-113% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization atter June 30,1975- See section 509(a)(2). (Complete Part III_) 10 An organization organized and operated exclusively to test for public safety. See section 509(a)(4). 11 An organization organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the urposes of one or more publicly supported organizations described in section 509(al(1) or section 509(a)(2). See section 509(a)(3�. Check the box in lines 11a through 11d that describes the type of supporting organization and complete lines 11a, 11f, and 11g. a 11 Type 1. A supportimer on ��' supervised, or controlled by its supported organization(s), typically by giving the supported organization s the to regularly appoint or elect a majority of the directors or trustees of the supporting organization. You must complete Part IV, Sections A and B. b F1 Type II. A supporting organization supervised or controlled in connection with its supported organization(s), by having control or management of the supporting organization vested in the same persons that control or manage the suppok organlaabon(s). You must complete Part iV, Sections A and C. c F1 Type III functionally integrated. A supporting organization operated in connection with, and functionally integrated with, its supported organization(s) (see instructions). You must complete Part N, Sections A, D, and E. d Type Ill non-functionally integrated. A supporting organization operated in connection with its supported organization(s) that is not functionally integrated_ The organization generally must satisfy a distribution requirement and an attentiveness requirement (see instructions). You must complete Part IV, Sections A and 0, and Part V. e ❑ Check this box if the organization received a written determination from the IRS that it is a Type 1, Type 11, Type ill functionally integrated, or Type 111 non-functionally integrated supporting organization_ f Enter the number of supported organizations ... . . . . . . . . . . ... . ... . .. .. .. 9 Provide the following information about the supported organization(s). (1) Name of n suA�poibsd !i7 EINType of amanWitian (Iv) is" (v) Amount of monetary {vq Amount of other (described on rues 1-9 in support twee instrucrnns) support (see Instruction) above (see insmicums)) M= g Yes T No Total + I 1 BAA For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 9904EZ TEEA0401 10112!16 Schedule A (Form 990 or 990 -EZ) 2015 Schedule A (Form 990 or 990 -EZ) 2015 Community CaringCenter Of Greater Boynton Beach, Inc. 65-0447796 Page 2 Part ll Support Schedule for Organizations Described in Sections 170(b)(1HA)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or S of Part I or if the organization failed to qualify under Part 111. If the organization fails to qualify under the tests fisted below, please complete Part 111.) Calendar year (or fiscal year beginning in) I- 1 1 Gigs grants, =Wbulims and merr�ership fees receivednot include any unusual grants... . 2 Tax revenues levied for the organization's benefit and =organization's to or expended on its behalf ....... . 3 The value of services or facilities furnished by a governmental unit to the organization without charge. . 4 Total. Add lines 1 through 3 . 5 The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f) . . 6 Public support. Subtract line 5 from line 4 .. . . ... . _ . . Calendar year (or fiscal year beginning in) 0- 7 7 Amounts from line 4 . 8 Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources .. . . .. . . . 9 Net income from unrelated business activities, whether or not the business is regularly carried on . . ... . ... . 10 Other income. Do not include gain or loss from the sale of capital assets (Explain in Part Vt.) ......... . (a) 2011 I (b) 2012 f (c) 2013 I (d) 2014 1 (e) 2015 I (f) Total 312,010.1 591,746 312,010-1 591,746 (a) 2011 1 (b) 2012 415,420. 462,231-1 629,547.1 2,410,954. 415,420.1 462,231.1 629,547. 2,410,954, (c) 2013 1 (d) 2014 312,010. 591,746_ 415,420. 462,231. -94. 35. 0. 0. 1 2,410,954. (e) 2015 (f) Total 629,547, 2,410,954. 0. -59. 0,993.1 107,613.1 92,283.1 130,253.1 178,845.1 569,987 11 Total support. Add lines 7I I f f I through 10 . _ .. ... . .. } + ( 2,980,882. 12 Gross receipts from related activities, etc. (see instructions) . . . . ... ... ... . . . . ... . .. . .. . .. 12 13 First five years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and stop here . . .. . ... . .... .. . .. . . .. . .. . . . . ... . .. . ... . . . . .. . . . . ► Section C. Computation of Public Support Percentage 14 Public support percentage W2015 (line 6, column (f) divided byline 11, column (f)) .. . ... ... .. . . .. . 14 8 0 8 8 % 15 Public support percentage from 2014 Schedule A. Part 11, line 14 . . .. . .. . ... . 15 83-43 96 16a 33.113% support test — 2015. If the organization did not check the box on line 13, and line 14 is 33-1!3% or more, check this box and stop here. The organization qualifies as a publicly supported organization . .. ....... ..... .............. . ► 0 b 33.113% support test — 2014. If the organization did not check a box on line 13 or 16a, and line 15 is 33-113% or move, check this box and stop here. The organization qualifies as a publicly supported organization .... .. ... .......... .. .. . . . 17a 10% -facts -and -circumstances test — 2015, If the manization did not check a box on line 13,16a, or 16b, and line 14 is 10% or more, and if the organization meets the 'fads -and -circumstances' #est, check this box and stop here. Explain in Part VI how the organization meets the Tacts-and-circumstances'test. The organization qualifies as a publicly supported organization ... ► b 10% -facts -and -circumstances test — 2014. If the organization did not check a box on line 13, 16a, 16b, or 17a, and line 15 is 10% Of more, and if the organization meets the 'facts -and -circumstances' test, check this box and stop here. Explain in Part VI how the organization meets the 'facts -and- rcumstances' test. The organization qualifies as a publicly supported organization ... r 18 Private foundation. If the organization did not check a box on line 13, 162, 16b, 17a, or 17b, check this box and see instructions . . _ . . ► BAA Schedule A (Form 990 or 990 -EZ) 2015 TEEA0402 10H2M S Schedule A (Form 990 or 990 -EZ) 2015 Community Carin Center Of Greater Boynton Beach, Inc. 65-0447796 Page 3 Part 111 Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization failed to qualify under Part II. If the organization fails to qualify under the tests listed below, please complete Part 11.) Section A. Public Support Calendar ym (OF firm! Year Wjffil ng inj ► (a) 2011 (b) 2012 (c) 2013 (d) 2014 (e) 2015 (f) Total 1 Gifts, grants, contributions and membership fees received. (Do not include any 'unusual grants.') . .... . 2 Gross receipts from admis- sions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose .... . 3 Gross receipts from activities that are not an unrelated trade or business under section 513 . 4 Tax revenues levied for the organization's benefit and either paid to or expended on its behalf . ... . . . . 5 The value of services or facilities furnished by a governmental unit to the organization without charge.. . 6 Total. Add lines 1 through 5 . 7 a Amounts included on lines 1, 2, and 3 received from disqualified persons ... . b Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year . ... ... ... . c Add lines 7a and 7b .. .. . 8 Public support (Subtract line 7c from line 6_) .. ... ... . Section B. Total Support Calendaryew (or fisral yew begiming it* ► (a) 2011 (b) 2012 (c) 2013 (d) 2014 (e) 2015 (t} Total 9 Amounts from line 6 ..... . 10 a Gross ineome from Interest, dividends, payments received on sem ities bans, rents, royalties and income from similar sources .. .. .. . b Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975 . . c Add lines 10a and 10b . . . 11 Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on ... .... 12 Other income. Do not include gain or toss from the sale of capital assets (Explain in Part %A.) - - ... - - - . - . - 13 Total support. (Add lines 9, 10c, 11, and 12_) ... .... . 14 First five years. if the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) _-- — organization, check this box and stop here . ... . .. . .. . .. . .. . ... . ... .. . ... ... ... . . .... . .. . . Section C. Computation of Public Su art Percentage 15 Public support percentage for 2015 (tine 8, column (f) divided byline 13, column (t)) ... .. . ... ... ... .. 15 16 Public support percentage from 2014 Schedule A, Part III, line 15 .. ... . .. . . .. . .. . ... ... ... . . 16 1r 17 Investment income percentage for 2015 (line 10c, column (f) divided byline 13, column (f)) .. . ... ... ... . . 17 18 Investment income percentage from 2014 Schedule A, Part III, line 17 .. ... . ... . .. . .. . ...... .. 18 % 19a 33-113% support tests — 2015. If the organization did not check the box on line 14, and line 15 is more than 33-113%, and line 17 is not more than 33-113%, check this box and stop here. The organization qualifies as a publicly supported organization . .. ... .. . ► b 33413% support tests — 2014. If the organization did not check a box on line 14 or line 19a, and line 16 is more then 33-113%, and line 18 is not more than 33-113%, check this box and stop here. The organization qualifies as a publicly supported organization ..... . . 20 Private foundation. If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions.. .. ... . . _ .W H BAA TEEA0403 14772!15 Schedule A (Form 990 or 990-FZ) 2015 I ran Erb (Complete only if you checked a box in line 11 on Part I. If you checked 11 a of Part 1, complete Sections A and B. If you checked 11b of Part I, complete Sections A and C. If you checked 11c of Part I, complete Sections A, D, and E. If you checked 11d of Part 1, complete Sections A and D, and complete Part V.) Section A. All Supporting Organizations Yes No 1 Are all of the organization's supported organizations listed by name in the organization's governing documents? If NNo,'describe in Part W how the supported organizations are designated. ff designated by class or purpose, describe the designation. !f historic and continuing relationship, explain .. ... • . • ... • . • • .. • . • • • • .. • . . 2 Did the organization have any supported organization that does not have an IRS determination of status under section 509(a)(1) or (2)? if 'Yes,' explain in Part W how the organization determined that the supported organization was described in section 509(a)(1) or (2) .. . ... .. . .. . . .. . . .. . ... . ... ... ... . .. . . . . . 3 a Did the organization have a supported organization described in section 501(c)(4), (5), or (6)? if Yes' answer (b) 3a and(c)below..................................................... b Did the organization confirm that each supported organization qualified under section 501(c)(4), (5), or (6) and satisfied the public support tests under section 509(a)(2)? IF Yes' describe in Part W when and how the organization 3b made the determination ... . . ... . ... .. . ... . .. . . .. . .. . . ... ... ... . .. . . c Did the organization ensure that all support to such organizations was used exclusively for section 170(c)(2)(B) purposes? !f 'Yes,' explain in Part W what controls the organization put in place to ensure such use .. . .. - 4 a Was any supported organization not organized in the United States ('foreign supported organization')? if Yes' and �4a if you checked Ila or l lb m Part 1, answer (b) and (c) below .. .. .. ......... ..... . .... .. . b Did the organization have ultimate control and discretion in deciding whether to make grants to the foreign supported organization? if 'yes,' describe in Part W how the organization had such control and discretion despite being controlled 4b or supervised by or in connection with its supported organizations .. . ... ... . .. • . • .. . ... . . . c Did the organization support any foreign supported organization that does not have an IRS determination under sections 501(c)(3) and 509(aXI) or (2)? !f Yes,' explain in Part W what controls the organization used to ensure that all support to the foreign supported organization was used exclusively for section 170(c)(2)(B) purposes .. . ... . 4c 5 a Did the organization add, substitute, or remove any supported organizations during the tax year? If 'Yes,' answer (b) and (c) below (rf applicable). Also, provide detail in Part W, including (i) fhe names and E1N numbers of the supported organizations added, substituted, or removed; (n) the reasons far each such action, (iii) the authority under the organization's organizing document authorizing such action; and (rv) how the action was accomplished (such as by 5a amendment to the organizing documenQ ... .. . ... . ... . .. . ... . .. . .. . ... . .. . ... . . b Type I or Type 11 only. Was any added or substituted supported organization part of a Gass already designated in the 5 b organization's organizing document? ... ... ... ... . . .. . .. . . .. . ... ... . .. . . . . c Substitutions only. Was the substitution the result of an event beyond the organization's control? . .. . .. . Sc 6 Did the organization provide support (whether in the form of grants or the provision of services or facilities) to anyone other than (i) its supported organizations, (ii) individuals that are part of the charitable dans benefited by one or more of its supported organizations, or (iii) other supporting organizations that also support or benefit one or more of the filing organization's supported organizations? if 'Yes' provide detail in Part V! . ... ... • . • • .. • . 7 Did the organization provide a grant, loan, compensation, or other similar payment to a substantial contributor (defined in section 4958(c)(3)(C)) a family member of a substantial contributor, or a 35% controlled entity with 7 regard to a substantial contributor? if Yes,' complete Part l of Schedule L (Form 990 or 990 -EZ) . . .. . • $ Did the organization make a loan to a disqualified person (as defined in section 4958) not described in line 7? !f'Yes,' 8 complete Part 1 of Schedule L (Form 990 or 990 . ... . . .. . .. . .. . .. . .. . ... ... . ... . . 9 a Was the organization controlled directly or indirectly at any time during the tax year by one or mon: disqualified persons as defined in section 4946 (other than foundation managers and organizations described in section 509(a)(1) or (2))? !f Yes,' provide detail in Part W ................ ........ ....... .. .... .. 9a b Did one or more disqualified persons (as defined in line 9a) hold a controlling interest in any entity in which the 9b supporting organization had an interest? If Yes,' provide detail in Part W . . .. . .. . ... ... . ... . . c Did a disqualified person (as defined in line 9a) have an ownership interest in, or derive any personal benefit from, 9c assets in which the supporting organization also had an interest? If'Yes' provide detail in Part W .. . .. . • • . 10a Was the organization subject to the excess business holdings rules of section 4943 because of section 4943(f) (regarding certain Type II supporting organizations, and all Type III non -functionally integrated supporting organizations)? ff'Yes , answer lob below .. . .... . ... . .. ... ... . ... . ... . .. . .. . .. . .. . . .. .... .. . 10111 b Did the organization, have any excess business holdings in the tax year? (Use Schedule C, Form 4720, to determine 10b whether the organization had excess business holdings.) ... . ... .. • • • . . • . • • .. .. • • • • • . .. • . . BAA TEEA04M 10 IMS Schedule A (Form 990 or 2015 Schedule A (Form 990 or 990 -EZ) 2015 Community Caring Center Of Greater Boynton Beach, Inc. 65-0447796 Page 5 PartIV ISupporting Organizations continued Yes Na 11 Has the organization accepted a gift or contribution from any of the following persons? a A person who directly or indirectly controls, either alone or together with persons described in (b) and (c) below, the governing body of a supported organization? . .................... .. ...... .... .. . ilia b A family member of a person described in (a) above? . ... . . . .. . .. . ... . .. . ... . ... .. . . i 1 b c A 35% controlled entity of a person described in (a) or (b) above? If Yes' to a, b, or c, provide detail in Part W . .. . . . .. 17 c Section B. Type I Supporting Organizations 1 Did the directors, trustees, or membership of one or more supported organizations have the power to regularly appoint or elect at least a majority of the organization's directors or trustees at all times during the tax year? ti Wo,' describe in Part W how the supported organization(s) effectively operated, supervised, or controlled the organization's activities. If the organization had more than one supported organization, describe how the powers to appoint andfor remove directors or trustees were allocated among the supported organizations and what conditions or restrtctions, if any, applied to such powers during the tax year . . ... . .. . .... . .. . ... . .. . ... . . .. . .. .. . . . . 2 Did the organization operate for the benefit of any supported organization other than the supported organization(s) that operated, supervised, or controlled the supporting organization? If Yes,' explain in Part W how providing such benefit carried out the purposes of the supported organization(s) that operated, supervised, or controlled the suaawUno oroanization................................................... . Section C. TVDe Il Yes I No 1 Were a majority of the organization's directors or trustees during the tax year also a majority of the directors or trustees of each of the organization's supported organization(s)? If Wo,' describe in Part W how control or management of the supporting organization was vested in the same persons that controlled or managed the supported organization(s) . . .. .. 1 D. All Tune IiI No 1 Did the organization provide to each of its supported organizations, by the last day of the fifth month of the organization's tax year, (i) a written notice describing the type and amount of support provided during the prior tax year, (ii) a copy of the Form 990 that was most recently filed as of the data of notification, and (iii) copies of the organization's governing documents in effect on the date of notification, to the extent not previously provided? . 2 Were any of the organization's officers, directors, or trustees either (i) appointed or elected by the supported organization(s) or (ii) serving on the govemiri body of a supported organization? if Wb,' explain in Part W how b - ization maintained a dose and continuous working relationship with the supported organization(s)... . 3 By reason of the relationship described in (2), did the organization's supported organizations have a significant voice in the organization's investment policies and in directing the use of the organization's income or assets at all times during the tax year? If 'Yes,' describe in Part W the role the organization's supported organizations played in this regard . 3 Section E. Type Ili Functionally -Integrated Supporting Organizations_____ 1 Check the box next to the method that the organization used to satisfy the Integral Part Test during the year (see instrucdons): a ❑ The organization satisfied the Activities Test. Complete line 2 below. b ❑ The organization is the parent of each of its supported organizations. Complete line 3 below. c ❑ The organization supported a governmental entity. Describe in Part Vl how you supported a government entity (see instructions) - 2 Activities Test Answer (a) and (b) below. a Did substantially all of the organization's activities during the tax year directly further the exempt purposes of the supported organization(s) to which the organization was responsive? If Yes,'then in Part W idemhfy those supported organizations and explain how these activities dinky furthered their exempt purposes, how the organization was responsive to those supported organizations, and how the organization determined that these activities constituted substantially all of its activities ... ... ... ... . ... . ... . .. . .. . ... ... . . .. . .. . .. L2a b Did the activities described in (a) constitute activities that, but for the organization's involvement, one or more of the organization's supported organization(s) would have been engaged in? If Yes,' explain in Part W the reasons for the organization's position that its supported organization(s) would have engaged in these activities but for the organizations involvement .. .. . ... ... ... . ... . .. . ... . .. . .. . ... . . .. . .. .. . 2b 3 Parent of Supported Organizations. Answer (a) and (b) below. a Did the organization have the power to regularly appoint or elect a majority of the officers, directors, or trustees of each of the supported organizations? Provide detar s in Part W ..... ... ..... ...... . . . I 3a b Did the organization exercise a substantial degree of direction over the policies, programs, and activities of each of its supported organizations? if 'Yes,' describe in Part W the role played by the organization in this regard . ..... . . 3b Yes I No BAA TEEAM65 10112R5 Schedule A (Form 990 or 990 -EZ) 2015 Schedule A (Form 990 or 990 -EZ) 2015 Community Carina Center Of Greater Bovnton Beach, Inc. 65-0447796 i U Check hens if the organization satisfied the Integral Part Test as a qualifying trust on November 20, 1970. See instructions. All other Tvoe III non functionally integrated supporting organizations must complete Sections A through E. Section A — Adjusted Net income (A) Prior Year (B) Current Year (optional) 1 Net short -teras capital gain .......................... . . .. . 1 2 Recoveries of prior -year distributions . . ... . ... . ... . .. . .. . ... . .. 2 3 Other gross income (see instructions) .... .. .... .. ........... ... 3 4 Add lines 1 through 3. 4 5 Depreciation and depletion .... ..... .. .. .. .. ..... ..... • • • . 5 6 Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held far production of income (see instructions) . .. . .... . .. . . .. . .. . .. . . .. 6 7 Other expenses (see instructions) .. . .. . .. . . ... . . .. .. . . .. . ... 7 8 Adjusted Net Income (subtract lines 5,6 and 7 from line 4) . . . . .. . . .. . . .. 8 Section B — Minimum Asset Amount (A) Prior Year (B) Current Year (optional) 1 Aggregate fair market value of all non-eexempt-use assets (see instructions for short tax year or assets held for part of year): a Average monthly value of securities . ... ... . . ... ... . .. . ... . ... 1 a b Average monthly cash balances .. . ... . .. . . ... . .. . .. . ... . .. . 1 b c Fair market value of other non -exempt -use assets .. ......... . .... .. . 1 c d Total (add lines 1a, 1b, and 1c) ... ......... .......... .. .. .. 1 d e Discount claimed for blockage or other factors (explain in detail in Part Vl): 2 Acquisition indebtedness applicable to non -exempt -use assets ........ .. .. . 2 3 Subtract line 2 from line 1d ..... ..... .... ............ .. .. . 3 4 Cash deemed held for exempt use_ Enter 1-1!2% of line 3 (for greater amount, see instructions) . ... ... ... . .. . ... . . ... ... ... . .. . . .. . 4 5 Net value of non -exempt -use assets (subtract line 4 from line 3) ......... .. . 5 6 Multiply line 5 by .035 .. ... ... . .. . ... . . ... ... ... ... . . .. 6 7 Recoveries of prior -year distributions ... . ... . . ... ... ... ... . . .. . 7 8 Minimum Asset Amount (add line 7 to line 6) .. . . .. . ... ... ... . ... . 8 Section C — Distributable Amount Current Year I Adjusted net income for prior year (from Section A, line 8, Column A) .. ... . ... . 1 2 Enter 85% of line 1 . 2 3 Minimum asset amount for prior year from Section B, line 8, Column A 3 ............................. 4 Enter greater of line 2 or line 34 5 Income tax imposed in prior year .. ... . .. . . .. . . .. . ... ... . .. . . 5 6 Distributable Amount Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) ..... .... .. ...... ...... 6 7 ❑ Check here if the current year is the organization's first as a non-functionally4ntegrated Type III supporting organization (see instructions)_ BAA Schedule A (Form 990 or 990 -EZ) 2015 TEEA0406 10112!15 Schedule A (Form 990 or 990 -EZ) 2015 Communitv Caring Center Of Greater -0447796 Page Section D — Distributions I current year 7 Amounts paid to supported organizations to accomplish exempt purposes ...... .... . ....... ... . . 2 Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from adh* .. ...... ...... .... .. .......... . ........ .. .. . 3 Administrative expenses paid to accomplish exempt purposes of supported organizations _ 4 Amounts paid to acquire exempt -use assets ............ . . .......... .. .... . .. .. . 5 Qualified set-aside amounts (prior IRS approval required) . . .. . ... . . .. ... ... . ... . ... .. . 6 Other distributions (describe in Part VI). See instructions ............... .. ...... . . ..... . 7 Total annual distributions. Add lines 1 through 6 . .. . .. . .... . ... ... ... . .. . . .. . . . . . . . . 6 Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI)_ See instructions . .. . ... . . .. . .. . .. . ... . . .. . .. ... . ... .... . .. . ... . 9 Distributable amount for 2015 from Section C, line 6 . ... ... . . .. . .. . .. . .. . . ... . .. . ... . . 10 Line 8 amount divided by Line 9 amount ... . . . . .. . ... . ... . .. . .. . .. . ... . ... . .. . . . (t) [ii) Section E — Distribution Allocations (see Instructions) Excess Underdistributions Distributions Pre 2015 (iii) Distributable Amount for 2015 1 Distributable amount for 2015 from Section C, line 6 ........ . 2 Underdistributions, if any, for years prior to 2015 (reasonable cause required — see instructions) . . . . . .. ... . .. . .. . 3 Excess distributions carryover, if any, to 2015: a b C d From 2013 . e From 2014 .. ... . .. . .. . . . . f Total of lines 3a through e . . . . . . . . ... ... ... . .. . g Applied to underdistributions of prior years .. . ... ... ... . h Applied to 2015 distributable amount . . ... . .. . .. . .. . . i Carryover from 2010 not applied see instructions ' Remainder_ Subtract lines 39, 3h, and 3i from 3f . 4 Distributions for 2015 from Section D, line 7: $ a Applied to underdistributions of prior years . .. ... . .. . .. . b Applied to 2015 distributable amount . ................ c Remainder_ Subtract lines 4a and 4b from 4 . . ... . _ . ... , 5 Remaining underdistributions for years prior to 2015, if any. Subtract lines 3g and 4a from line 2 (if amount greater than zero, see instructions) . 6 Remaining underdistributions for 2015_ Subtract lines 3h and 4b from line 1 (if amount greater than zero, see instructions) .. . .. . 7 Excess distributions carryover to 2016. Add lines 3' and 4c . 8 Breakdown of line 7: a b c Excess from 2013 d Excess from 2014 .. . ... . .. . . e Excess from 2015 .. ... . ... . . BAA Schedule A (Form 990 or 990 -EZ) 2015 TEEAM7 10112/75 Schedule A (Form 990 or 990 -EZ) 2015 Comunity Caring Center Of Greater_ Boynton Beach, Inc. 65-0447796 Page a I Part VI 18upplemental Infbrmation. Provide the w0anations required by Part II, line 10; Part II, tine 17a or 17b;Part III, line 12; fart IV, "—Section A, lines 1, 2, 3b, 3c, 4b, 4c, 5a, 6, 9a, 9b, 9c,11a,11b, and 11c; Part IV, Section B, lines 1 and 2; Part IV, Secflon C, line 1; Part IV, Section D. lines 2 and 3; Part IV, Section E, lines 1c, 2a, 2b, 3a and 3b; Part V, line 1; Part V, Section B, line 1e; Part V, Secfion D, lines 5, 6, and 8; and Part V, Section E, lines 2, 5, and 6. Also complete this part for any additional information. See instructions. Pt II Ln 10 Other Income Part II, Line 10 Description: Program Services 2011: 45799. 2012: 61644. 2013: 37779. 2014: 77126. 2015: 80030. Description: Net Fund -Raising Events 2011: 15194. 2012: 45969. 2013: 54504. 2014: 53127 2015: 98815. BAA TEEA04M 10112115 Schedule A (Form 990 or 990 -EZ) 2015 Schedule B (Form 990, 990-EZ,I Schedule of Contributors or 990 -PF) Uepsraneor of me Treasury ► Attach to Form 990, Form 990 -EZ, or Form 990 -PF. Inhemal Revenue Service ► Infamradon about Schedule B (Farm 990,990 -EZ 990-1117) and its inshuctions is at w Community Caring Center Of Greater Boynton Beach, Inc. OMB No. 1545-0047 65-0447796 Organization type (check one): Filers of: Section: Form 990 or 990 -EZ 0 501(c)( 3 ) (enter number) organization ❑ 4947(a)(1) nonexempt charitable trust not treated as a private foundation ❑ 527 political organization Form 990 -PF ❑ 501(c)(3) exempt private foundation ❑ 4947(ax1) nonexempt charitable trust treated as a private foundation E1501 (c)(3) taxable private foundation Check if your organization is covered by the General Rule or a Special Rule. 2015 Note. Only a section 501(c)(7), (8), or (10) organization can check boxes for both the General Rule and a Special Rule. See instructions. General Rule ❑ For an organization filing Form 990, 990-E7, or 990 -PF that received, during the year, contributions totaling $5,000 or more (in money or property) from any one contributor. Complete Parts I and II. See instructions for determining a contributors total contributions. Special Rules ❑ For an organization described in section 501(c)(3) filing Form 990 or 990 -Fs that met the 33-1/3% supporttest of the regulations under sections 509(a)(1) and 170(b)(1)(A)(vi), that checked Schedule A (Form 990 or 990 -EZ). Part Il, line 13,16a, or 16b, and that received from any one contributor, during the year, total contributions of the greater of (1) $5,000 or (2) 2% of the amount on (i) Form 990, Part VIII, line 1 h, or (ii) Form 990 -EZ, line 1 _ Complete Parts I and li_ ❑ Far an organization described in section 501(c)(7), (8), or (10) filing Form 990 or 990 -EZ that received from any one contributor, during the year, total contributions of more than $1,000 exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals_ Complete Parts I, II, and III_ ❑ For an organization described in section 501(c)(7), (8), or (10) filing Form 990 or 990 -EZ that received from any one contributor, during the year, contributions exclusively for religious, charitable, eta, purposes, but no such contributions totaled more than $1,000. If this box is checked, enter here the total contributions that were received during the year for an exclusively religious, charitable, etc., purpose. Do not complete any of the parts unless the General Rule applies to this organization because it received nonexdusively religious, charitable, etc., contributions totaling $5,000 or more during the year . . . ► $ _ Caution. An organization that is not covered by the General Rule and/or the Special Rules does not file Schedule B (Form 990, 990 -EZ, or 990 -PF), but it must answer'No' on Part IV, line 2, of its Form 990; or check the box on line H of its Farm 990 -EZ or on its Form 990 -PF, Part 1, line 2, to certify that it does not meet the filing requirements of Schedule B (Form 990, 990-F1, or 990 -PF). BAA For Paperwork Reductiam Act MUM see the Irstruclions for Form 990, 900 M or M"F. Schedule B (Form 990, 990 -EZ, or 990 -PF) (201 S) TEEAD701 10/27/15 Schedule B (Form 990,990 -EZ, or 990 -PF) (2015) Page 1 of 2 of Part I Communi. t Center Of Greater Boynton Beach, Inc. rFiiit17 Contributors (see instructions), use duplicate copies of Part I if additional space is needed. 65-0447796 (a) (b) (c) (d) Number Name, address, and ZIP + 4 Total Type of contribution contributions 1 _ _ First Church of Delray Beach Person -Presbyterian _ _ _ _ _ Payroll 33 Gleason St ---_-_----__ $______7500_ Noncash Delra Beach FL 334$3 ___Y -_.------------------------- (Complete Part 11 for noncash contributions.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Total Type of contribution contributions 2 Boca Builders Brevard Consultant,_ Inc . Person _ _ -of _ _ _ _ _ _ - --- -------------------- Payroll ❑ $844 Mame Ct_______________________ $_____ 12`290_ Noncash Boynton Beach________________ FL -33436 _ _ _ _ lete Part 11 for noncash contributions.) a b d Number Name, address, and ZIP +4 Total Type of contribution contributions 3 Angels Person _ _ -in -Action Payroll 2639_N RIVERSIDE_DR _-- ----- $____ 127`500.- Noncash Pompano Beach FL 33 062 - ---_.__..____________________W_----__ (Complete Part II for noncash contributions_) b c Numa ber Name, address, and ZIP + 4 Total Type of contribution contributions 4 _ _ Boynton Beach CRA Person -------- - - Payroll 710 N. Federal Highway-------------------- $_____ 52,500_ Noncash Ho ton Beach FL 33435 -- _ - _ _ _ __....______________________ (Complete Part II for noncash (a) (b) (c) (d) Number Name, address, and ZIP + 4 Total Type of contribution contributions 5Cit of Bo ton Beach Person X❑ _ - -- -_---------------------- Payroll ❑ 100 H. Boynton Beach Blvd_ _ - _ - - - - - $ _ _ _ _ _ 56 274_0 _ Noncash Bo ton Beach FL 33425-0310 ---------------------------------- (Complete Part II for noncash contributions.) eb c d Number Name, address, and ZIP + 4 Total Type of contribution contributions 6 The Jim Moran Foundation Person X❑ --- ----------- Payroll 100 Jim Moran Boulevard $_ _ _ _ 175 X000 _ Noncash each_______ FL _33442 _ _ -- _ Deerfield Beach ------- (Complete Part II for noncash contributions) BAA TEEA0702 10112M Schedule B (Form 990,9N -EZ, or 990 -PF) (2015) Schedule B (Form 990, 990 -EZ, or Community Caring Center Of Greater Boynton Beach, Inc. If Marti COfttrIbutors (see instructions). Use duplicate copies of Part I if additional space is needed - (a) b M Number Name, address, and ZIP + 4 Total contributions 2 of 2 of Part I vMkoflon number 5-0447796 d Type of contribution 7 _ _ Quantum Foundation ------------------------------------- Person X❑ Payroll ❑ 2701 North Australian -Ave - $ 7 `500 Noncash ❑ West Palm BeachFL 33407 (Complete Part 11 for ------------------------------------ noncash contributions.) (a) Number (b) Name, address, and ZIP + 4 (c) Total (d) Type of contribution contributions B Feedin South Florida Person El Payroll 2501 SW 32 Terrace $ 39 109. Noncash X❑ Holl�+wood------------------- FL 33023 (Complete Part 11 for - - - - - - - - - - - noncash contributions.) (a) Member (b) Name, address, and ZIP + 4 M Total d Type of contribution contributions 9 _ _ Palm Beach Counter -Food Bank Person ❑ Payroll 525 Gator Drive $_ _ _ _ _ 35 L787 _ Noncash X❑ Lake Worth FL 33462 ------------------------------------ (Complete Part Il for noncash contributions.) Number Name, address, and ZIP + 4 Total Type of contribution contributions 10_ U_S. De artment of Agriculture ---- Person ❑ -------�----------------------- Payroll ❑ 1400 Independence -Ave_, S_W-- ---------$--- _�_____ __ 40`321; Noncash 0 .................. DC 20250 a M Number Name, address, and ZIP + 4 ------------------------------------- (Complete Part II for noncash contributions.) M (d) Total Type of contribution contributions Person Payroll ❑ ----------------------------- T----------- Noncash ❑ (Complete Part II for ------------------------------------ noncash contributions.) a b c Number Name, address, and ZIP + 4 Total Type of cn contribution contributions _--------- Person ❑ Payroll --------------- ------ $ - -- Noncash (Complete Part 11 for ------------------------------------ noncash contributions.) BAA TEEA0702 10112f15 Schedule B (Form 990, 990 -EZ, or 990 -PF) (2015) Schedule B (Form 990, 990 -EZ, or 990 -PF) Name of amanirallon Center Of Greater Boynton Beach, Inc. 1 to 1 of Part II mployer iden0ficsUon number 65-04477 Par# }} Noncash Property (see instructions). Use duplicate copies of Part li if additional space is needed. (a) No. b firm Description of noncash property given FMV (or estimate) Date reeceived Part I (see instructions) (a) No. from Parti (a) No. from Part I Food ----------------------------- ----------------------------------------- ------------------------------------------ ----------------------- $----- 39,109. --various-- (a) 9,109_--various-- b Description of noncash property given M FMV (or estimate) Data reeceived (see instructions) Food ---------------------------- ------------------------------------ -----------------------------------------•$----- 35_787_--various-- (a) various M Description of noncash property given C d FMV (or estimate) Date received (see instructions) 10 Food -------------------------- — — — — — — — — — — — — — — — -- -------------------------------------- ------------------------------------ $----- 40,321. various (a) No. from Parti (a) No. from Part I (a) No. from Part I _r�Y 1 b Description of noncash property given G FMV (or estimate) Data reeceived (see instructions) ---------------------------------------- ---------------------------------------- ---------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 1$ - - - - - - - - - - - [ - - - - - - - - b Description of noncash property given c FMV (or estimate) Date (received (see instructions) ---------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1$ - - - - - - - - - - - I - - - - - - - - b Description of noncash property given C) FMV (or( estimate) Date (received (see instructions) ---------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1$ - - - - - - - - - - - I - - - - - - - - TEEA0703 10M2M5 990, 990 -EZ, or 990 -PF) (2015) SCHEDULE D Supplemental Financial Statements (Form 990) ► Complete if the organization answered 'Yes' on Form 990, Part IV, line 6, 7,8,9, 10, Ila, 11b,11c, 11d, 11e, 11f, 12a, or 12b. ► Attach to Form 990. departr - oithe Treasury ► Information about Schedule D Form 990 and its instructions is at wwwJrs v/Porm990. In�xnal Revenue Service (l Name of the arvan1milon I =- OMB OMB No. 1546-4047 1 2015 Community Caring Center Of Greater Boynton Beach, Inc. 165-0447796 part I Organizations Maintaining Donor Advised Funds or Other Similar Funds or Accounts. Complete If the organization answered 'Yes' on Form 990, Part IV, line 6. to Public (a) Donor advised funds (b) Funds and other accounts 1 Total number at end of year ..... . 2 Aggregate value of cmiributions to (during year) .. . 3 Aggregate value of grants Gore (during year) ..... . 4 Aggregate value at end of year ... .. . . S Did the organization inform all donors and donor advisors in writing that the assets held in donor advised funds are the organization's property, subject to the organization's exclusive legal control? ..... .. . ..... . F]Yes No 6 Did the organization inform all grantees, donors, and donor advisors in writing that grant funds can be used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring n impermissible private benefit? ... ... ... . ... . . ... . ... ... ... . .. . .. . . .... .. . []Yes I I No Part 11 Conservation Easements. Complete if the organization answered 'Yes' on Form 990, Part IV, line 7. 1 Purpose(s) of conservation easements held by the organization (check all that apply). Preservation of land for public use (e.g., recreation or education) Preservation of a historically important land area Protection of natural habitat Preservation of a certified historic structure Preservation of open space 2 Complete lines 2a through 2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year. I I Held at the End of the Tax Year a Total number of conservation easements .. . ... . . . . . . . . . . .2 a b Total acreage restricted by conservation easements - - , - , , , .. . . . _ . , 2 b c Number of conservation easements on a certified historic structure included in (a) . , 2 c d Number of conservation easements included in (c) acquired atter 8117106, and not on a historic structure listed in the National Register .. ... ... . . ... . ... ... ... ... . .. 2 d 3 Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the tax year ► 4 Number of states where property subject to conservation easement is located ► 5 Does the organization have a written policy regarding the periodic monitoring, inspection, handling of violations, and enforcement of the conservation easements it holds? . ... . .. . ... . . . . .. . .. . . ... ... . . _ []Yes ❑ No 6 Staff and volunteer hours devoted to monitoring, inspecting, handling of violations, and enforcing conservation easements during the year 7 Amount of expenses incurred in monitoring, inspecting, handling of violations, and enforcing conservation easements during the year ►$ 8 Does each conservation easement reported on line 2(d) above satisfy the requirements of section 170(h)(4)(13)(i) and section 170(h)(4)(B)(ii)? . . . ... .. ... . ... . ... . ... ... ... . .. . .. . . ... ... . .. []Yes ❑ No 9 In Part XIII, describe how the organization reports conservation easements in its revenue and expense statement, and balance sheet, and include, if applicable, the text of the footnote to the organization's financial statements that describes the organization's accounting for conservation easements. Part lif Organizations Maintaining Collections of Art, Historical reasures, or Ot er Similar Assets. Complete if the organization answered 'Yes' on Form 990, Part IV, line 8. 1 a If the organization elected, as permitted under SFAS 116 (ASC 958), not to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide, in Part Xll 1, the text of the footnote to its financial statements that describes these items. b If the organization elected, as permitted under SFAS 116 (ASC 958), to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide the following amounts relating to these items: (i) Revenue included on Form 990, Part VIII, line 1 .... .. ..... ........... .... .. .. .. ► $ (it) Assets included in Form 990, Part X .. . .. . . .. . .... ... ... ... . .. . .. . . ... ... . ► $ 2 If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the following amounts required to be reported under SFAS 116 (ASC 958) relating to these items: a revenue included on Form 99q Part Vill, line 1 ...... ............................ ► $ b Assets included in Form 990, Part X ........................................ $ BAA For Paperwork Reduction Act Notice, see the Instructions for Form 990. TEEAM01 081 W5 Schedule 0 (Form 990) 2015 Schedule D (Form 990) 2015 COMMity Caring Center Of Greater Boynton Beach, Inc_65-0447796 Paget 3 Using the organization's acquisition, accession, and other records, check any of the following that area significant use of its collection items (check all that apply): aPublic exhibition d e Loan or exchange programs b Scholarly research a Other C Preservation for future generations 4 Provide a description of the organization's collections and explain how they further the organization's exempt purpose in Part Xlll_ 5 During the year, did the organization solicit or receive donations of art, historical treasures, or other similar assets to be sold to raise funds rather than to be maintained as part of the organization's collection? . .. . .. . .. . ... Yes art N Escrow and Custodial Arrangements. Complete if the organization answered 'Yes' on Form 990, Pa line 9, or reported an amount on Form 990, Part X, line 21. 1 a Is the organization an agent, trustee, custodian or other intermediary for contributions or other assets not included on Form 990, Part X?. . .. .. . . ... ... . . .. . .. . .. . . . . . .. ... .. . ... . . []Yes rjNo b if'Yes,' explain the arrangement in Part XIII and complete the following table: Amount c Beginning balance ..... . . . , . _ _ _ , 1 c d Additions during the year .. .. , . . 1 d e Distributions during the year . . , . . . , 1 e f Ending balance.. . . .. . . . . _ _ . , . . . . . .. . . . . . . . . . . .. . . 1 f 2 a Did the organization include an amount on Form 990, Part X, line 21, for escrow or custodial account liability? .. ... YesNo b If 'Yes,' explain the arrangement in Part XIII. Check here if the explanation has been provided on Part XIII .. .. .. ....... . . Part V 1 Endowment Funds. Complete if the o anization answered 'Yes' on Form 990, Part IV, line 10. (a) current nr (b) Prior year (c) Two years back (d) Three Years back I (e) Four years back 2 Provide the estimated percentage of the current year end balance (line 1g, column (a)) held as: a Board designated or quasi -endowment b Permanent endowment c Temporarily restricted endowment The percentages on lines 2a, 2b, and 2c should equal 100%- I a Beginning of year balance .. . b Contributions . . . .. . ... . c Net investment earnings, gains, and losses . . . .. . .. . . . d Grants or scholarships ... _ . e Other expenditures for facilities and programs .. ..... . . f Administrative expenses . .. . g End of year balance . .. . . . 3 a Are there endowment funds not in the possession of the organization that are held and administered for the organization by: Yes No (I) unrelated organizations .. . ... . .. . .. . . .. . . .. . .. . .. . . . 3a(i) (ii) related organizations ................................ .. . . . .... 3a(ii) b If'Yes' on line 3a(ii), are the related organizations fisted as required on Schedule R? , .. . . . . , . _ _ _ _ . . .. 3b 4 Describe in Part XIII the intended uses of the organization's endowment funds. art Vl Land, Buildings, and Equipment. Complete if the organization answered 'Yes' on Form 990, Part IV, line 11 a. See Form 990, Part X, line 10. Description of property 1 a Land .. . . .. . ... . b Buildings _ ....... . c Leasehold improvements. . d Equipment .. .. ..... . . . e Other... . ... . .. . , Total. Add lines la through le. Column d must 9qW BAA a) Cost or other basis (b) Cost or other 1 (c) Accumulated (d) Book value (investment) basis (other) depreciation 149E380. 50,715- 98,665. 158,382-1 101 586. 56,796. Form 990, Part X, column B), line 10c.) . ► 155,461. Schedule D (Form 990) 2015 m=E3a2 101+2n5 Schedule D (Form 990) 2015 90-umMitY Caring Center Of Greater Boynton Beach Inc. 55-0447795 Page 3 parE Nil investments — Other Securities. Com tete if the organization answered 'Yes' on Form 990 Part IV line 11 b 5e F 990 P (a) Des� or sew ft or category fmdud'utg name of searrdy) (1) Financial derivatives . . . .... ... . .. . .. . . . (2) Closely -held equity interests ...... ..... . . . (3) Other ------------------ (A) ----- (B)-------------------------- TC} -------------------------- ------------------- ------------------- ------------- (F} _____________ -------------------- --------------------�-------- (H) TOW- (Call M (b ►Host aW Form 990, Pan X eohm (B) ft 72.) .. ► e orn art X, line 12. (b) eaak value [c) Method Orvahralion: Cess or eW-of--year market value aaula¢�Fto — rrugrarn Kelatea. ,n tete if the organization answered 'Yes' on Form 9$ Description of investment (b) Book value Assets. — ate if the organization answered 'Yes' on Form Part IV, line 1 i c. See Form 990, Part X, line 13. (c) Method of valuation: Cost or end -of -year market value Part IV, line 11 d. See Form 990, Part X, line 15. (b) Book value (9) (10) Total. (Column (b) must equal Form 990, Partx,, column (B) line 15) .. . . . Part _xj Other Liabilities, Complete if the 2Mnization answered'Yes' on Form 990, Part IV, fine 11e or 11f. See Form 990, Part X, line 25 a Desai tion of liability b Book value 1 Federal income taxes (2) (3) (4) (S) s s) {g (10) 11 Total. (Colurrm (b) ►mrd Form 991 PartX a ksm (B) bine 25) . _ ► 7 1 ioh.T:1a. f —, r..-....-.,.....• • _ • ••..., P W n u m Wu Ij u1C [Woxw W Ole ergo man's tmancial s tements that MxMtS ft er9an¢ahm's rrahiTity for uncertain tax positions under FIN 48 (ASC 744). Check here I the text or the foohroteu has been provided in Part XIII .. . .. . .. ... . BAA TEEA= oma Schedule D (Form 9ptl) 2n❑ Schedule D (Form 990) 2015 Comnmity Caring Center 0f Greater Boynton Beach, Inc. 65-0447796 Page 4 Part Xi Reconciliation of Revenue per Audited Financial Statements With Revenue per Return. Complete if the organization answered 'Yes' an Form 990, Part IV, line 12a. 1 Total revenue, gains, and other support per audited financial statements . . .. . . .. . ... 1 SOB, 2 Amounts included online 1 but not on Form 990, Part VIII, line 12: a Net unrealiked gains (losses) on investments . , .. . , .. 2 a b Donated services and use of facilities . . . . . _ . . . 2 b c Recoveries of prior year grants. 2 c d Other (Describe in Part XIII-) . . .. .. 2 d e Add lines 2a through 2d . . . . . . . .. . . .. . . .. . ... . . 2e 3 Subtract line 2e from line 1 ... .. _ . . . . . . . . . . .... ... .... ....... . . 3 808,392. 4 Amounts included on Form 990, Part VIII, line 12, but not online 1: a Investment expenses not included on Form 990, Part VIII, line 7b . . , .. . ... 4 a b Other (Describe in Part XIII.) . . .. . . .. . .. . .. . . ... . . . . . . . .. 4 b c Add lines 4a and 4b ......... ..... .. ... ... .. . . . . . . . .......... .... 46 5 Total revenue. Add lines 3 and 4c. (This must equal Form 990, Part 1, lute 12.) ... . ... . .. ... . .. 5 1 808,392. Part Xii Reconciliation of Expenses per Audited Financial Statements With Expenses per Return. Complete if the organization answered 'Yes' on Form 990, Part IV, line 12a. 1 Total expenses and fosses per audited financial statements . . .. . . . . .. . .. . ... . ... . .. . 1 777,490- 2 77,490_2 Amounts included online 1 but not on Form 990, Part IX, line 25: a Donated services and use of facilities . . . , . . .. ... - . - - - _ . 2 a b Prior year adjustments . .. . .. . . . ..... ... .. . . . 2 b c Other losses ....... . . . . . . . . . . . . . . . . . .. ......... . 2 c d Other (Describe in Part XIII-) . .. . . . . . . . . . . . . . . ... . . .. .. . 2 d e Add lines 2a through 2d ... . . . . . . . . . . .. . .. .. .. . . . . . . . . ...... .. ..... .. 20 3 Subtract line 2e from line 1 . . ............... 3 777,490. 4 Amounts included on Form 990, Part IX, line 25, but not on line 1: a Investment expenses not included on Form 990, Part Vlll, line 7b . . 4 a b Other (Describe in Part XIII.) . ... .... .. . ... . ... . . . .. . 4 b C Add lines 4a and 4b . ... . .. . ... . .. ... . . .. . . . . . . . , . . .. . ... . .. . ... 4 c 5 Total expenses. Add lines 3 and 4c. (This must equal Forst 990, Parti, tine 18) .. ... . ... . ... ... . . 5 1 777 a 4 n Provide the descriptions required for Part II, lines 3, 5, and 9; Part Ili, lines is and 4; Part IV, lines lb and 2b; Part V, line 4; Part X, line 2; Part XI, lines 2d and 4b; and Part XI1, lines 2d and 4b- Also complete this part to provide any additional information. BAA Schedule D (Form 990) 2015 TEEA3304 O6M3M5 SCHEDULE G (Form 990 or 990 -EZ) Do Intemalen� eserviceTreasery Of the Supplemental Information Regarding Fundraising or Gaming Ades complete if the argadn&n answered tyles` an Farm w Part Iv, win 17, 18, or 1% or 9 the argil asercd more than $13,080 on Farm 99&Ez, tine 6a. � Attach to Form 990 or Farm 9WEL 81 hkmation about Schedde G (Form 990 or 99 f4 and its instructions is at www-frs.gotdform991 Community Caring Center Of Greater Baynton Beach, Inc. 16570447796w P$rt) Fundraising Activities. Complete if the organization answered 'Yes' on Form 990, Part IV, line 17. Form 990 -EZ filers are not required to complete this part. 1 Indicate whether the organization raised funds through any of the following activities. Check all that apply- aMail solicitations a Solicitation of non-government grants b Internet and email solicitations f Solicitation of government grants C Phone solicitations 9 Special fundraising events d In-person solicitations 2 a Did the organization have a written or oral agreement with any individual (including officers, directors, trustees or key employees listed in Form 990, Part VII) or entity in connection with professional fundraising services? . .. ... .. . b If 'Yes,' list the ten highest paid individuals or entities (fundraisers) pursuant to agreements under which the fundraiser is to be compensated at least $5,000 by the organization. OMB N& 154"047 2015 Open to Public Inspection number Yes E]No �D u 1 rr1 u -Ur 1 u ry uiyanizamn is regimerea or licensed to solicit contributions or has been notified it is exempt from registration or licensing. ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- BAA For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 9904E7— Schedule G (Form 990 or 990 -EZ) 2015 TEEA3701 12AW15 Schedule G (Form 990 or 990-IZ) 2015 Community Caring Center Of Greater Boynton Beach, Inc. j55-04477.96 Page 2 PartII Fundralsing Events. Complete if the organization answered 'Yes' on Form 990, Part IV, line 18, or reported more than $15,000 of fundraising event contributions and gross income on Form 990 -EZ, lines 1 and 6b. List events with gross receipts greater than $5,000. (a) Event #1 (b) Event #2 (c) other events (d) Total events NONE (add column (a) R (evert bw) (-em type) (total number) through column (c)) v N 1 Gross receipts _ _ _ .. _ . . . u E 2 Less: Contributions 3 Gross income (line 1 minus line 2) 4 Cash prizes . . 5 Noncash prizes , , . D R 6 Rentffaciffty costs . . E c T 7 Food and beverages E x x 1. 8 Entertainment E N 9 Other direct expenses E s 10 Direct expense summary_ Add lines 4 through 9 in column (d) . .. .... ....... .. ... .. _ ► 11 Net income summary. Subtract line 10 from line 3, column (d) . . .. . ... . .. .. .. • III Gamin. Complete if the organization answered 'Yes' on Form 990, Part IV, line 19, or reported more than $15,00 on Form 990 -EZ, line 6a. R E V E N U E 1 Gross revenue . . . , . . . ... . . 2 Cash prizes E D R e 3 Noncash prizes .. _ _ . _ ... . E N c s T s 4 Rentffacility costs - .. . . , .. . . 5 Other direct expenses .. .. .. .. . Yes 6 Volunteer labor . .. . .. . .. . . . No (a) Bingo I lb) Pull tabsAnstant (c) other gaming d) Total gaming li bingo/prognsssivI e ((add column (a) bingo through column (c)) 1; IHNo g No 7 Direct expense summary. Add lines 2 through 5 in column (d) ... ..... .. .. ... ... ... ... .. 6 Net gaming income summary_ Subtract fine 7 from line 1, column (d) . . ... . . .. . .. . .. . .. . .... 9 Enter the state(s) in which the organization conducts gaming activities: a Is the organization licensed to conduct gaming activities in each of these states? .. . ... . .. . .. . .. . . ... . . Yes No b If 'No,'explain: ----------------------------------------------------------------- 10 a Were any of the organization's gaming licenses revoked, suspended or terminated during the tax year? - Yes v No b If 'Yes,' explain: ` 0 OT — _ SAA TEE,37M ORM15 Schedule G (Form 990 or 990 -EZ) 2015 Schedule G (Form 990 or 95 11 Does the organization 2015 .ter Of Greater Bo, Inc. 65-0447796 gaming activities with nonmembers? ................ .. . ...... .. Yes 12 Is the organization a grantor, beneficiary or trustee of a trust or a member of a partnership or other entity formed to administer charitable gaming? .... . .... ..... . . . . ..... . . . .... .. FlYes No 13 Indicate the percentage of gaming activity conducted in: a The organization's facility ..... ........... . . . .. . . . .. ... . . . . . . . 13a b An outside facility . ... . . ..... . . ... .... . - - - - - - - . 13 b % 14 Enter the name and address of the person who prepares the organization's gaming/special events books and records: Name 01 Address 01 15a Does the organization have a contract with a third party from whom the organization receives gaming revenue? . .. . .. . []Yes No b If Yes,' enter the amount of gaming revenue received by the organization $ and the amount of gaming revenue retained by the third party 01 $ ----------- c If Yes,' enter name and address of the third party: — Name ------------------------ ----------------------- Address ----------------------------------- 16 Gaming manager information: Name 1" Gaming manager compensation W $ Description of services provided } ❑ Directorlofficer Employee FlIndeperident contractor 17 Mandatory distributions a Is the organization required under state law to make charitable disbibutions from the gaming proceeds to retain the state gaming license? b Enter the amount of distributions required under state law to be distributed to other exempt organizations or spent in the organization's own exempt activities during the tax year 1� $ and Part III, lines 9, 9b, 10b, 15b, 15c, 16, and 17b, as appiicabie Also prorride any information (see instructions). []Yes [-]No BAA TEEA37M 06ro2rm5 Schedule G (Form 990 or 990 -EZ) 2015 3 SCHEDULE M (Form 990) Oeparhneotoffhe Tieasu�y Ineernal Revenue SeMce Name of the organbaffon Noncash Contributions ► Complete if the organizations answered 'Yes, on Farm 990, Part IV, lines 29 or 30. ► Attach to Form 990. OMB No. 1545-0047 2015 ► Information about Schedule M (Forth 990) and its instructions is at www.irs.gov/f0rrn990. I n To Public ]napection Employer identiflcefinn number Part I I Types of Property (a) (b) (c) Check if Number of Noncash contribution applicable contributions or amounts reported d Method of determining items contributed on Form 990, noncash contribution amounts Part VIII, line 1g 1 Art — Works of art 2 Art — Historical treasures. _ , , .. . . .. _ . 3 Art — Fractional interests. . , _ _ _ , 4 Books and publications. . 5 Clothing and household goods . . 6 Cars and other vehicles 7 Boats and planes . . . . .. . . . . . . . . . . . 8 Intellectual properly ..... . . . .. ... . . . 9 Securities — Publicly traded . . , . _ , . _ 10 Securities — Closely held stock. . , , . . .. . 11 Securities — Partnership, LLC, or trust interests. . 12 Securities — Miscellaneous ... .. . . .. . . 13 Qualified conservation contribution — Historic structures . . .. . .. . .. .. .. . . 14 Qualified conservation contribution — Other. .. . 15 Real estate — Residential... . 16 Real estate — Commercial . _ _ . . , 17 Real estate — Other .. . , , _ _ _ _ . 18 Collectibles _ , . . ... . _ . _ 19 Food inventory . _ . ... . . _ . . 20 Drugs and medical supplies 21 Taxidermy .. .. .. _ 22 Historical artifacts .. . 23 Scientific specimens . . . 24 Archeological artifacts 25 Other { 26 Other ► { ) - ---------------- 27 Other I" ( ) 28 Other■ { 29 Number of Forms 8283 received by the organization during the tax year for contributions for which the organization completed Form 8283, Part IV, Donee Acknowledgement . ..... . ...... . ... . Yes No 30a During the year, did the organization receive by contribution any property reported in Part I, lines 1 through 28, that it must hold for at least three years from the date of the initial contribution, and which is not required to be used for exempt purposes for the entire holding period? .. . . .. . . .. . ... ... ... . ... . .. . .. . . b If Yes,' describe the arrangement in Part II. . . .. 30a X 31 Does the organization have a gift acceptance policy that requires the review ofany non-standard contributions? 31 . 32.a Does the organization hire or use third parties or related organizations to solicit, or sell , p . . . X noncash contributions? .... .... ........... .... ...... ... . ..... ... .... b If'Yes,' describe in Part Il. 32a X 33 If the organization did not report an amount in column (c) for a type of property for which column (a) is checked, describe in Part II. &4A For Paperwork Reduction Act Notice, see the Instructions for Form 990. Schedule M (Form 99 D) {2015} TPEA46ol 10730/15 Schedule M (Form 990) (2015) Community Caring Center Of Greater Bo ton Beach, Inc. 65-0447796 Page 2 J_Part 11 Supplemental Information. Provide the information required by Part I, lines 30b, 32b, and 33, and whether the organization is reporting in Part I, column (b), the number of contributions, the number of items received, or a combination of both. Also complete this part for any additional information. BAA TEEM602 o520175 Schedule M (Form 990) (2015) SCHEDULE O (Form 990 or 9904EZ) Deparhnent of the Tmmsury inhemai Revenue service Nems o{the oraanl7at6"n Supplemental Information to Form 990 or 990 -EZ Complete to provide information for responses to specific questions on Form 990 or 990 -EZ or to provide any additional information. ■ Attach to Form 990 or 990 -EZ - Information about Schedule O (Form 990 or 9904EZ) and its instructions is at WWW.irs govRormM. dnyerldentlficaVon -0447796 OMB No. 154&0047 2015 Open to Public inspection Pt VI, Line 11b Governing body reviews prior to filing. Pt VI, Line 12c Governing body monitors and enforces compliance. Pt VI, Line 15a Governing body reviews_ Pt VI, Line 15b Governing body reviews. Pt VI, Line 19 Available upon request. SOCIAL SERVICES: Congregations, businesses, individuals, and organizations contribute non-perishable food items to stock the pantry. Community service groups and individual residents in Boynton Beach also support the food pantry through financial contributions. Contributions and our Urban Farming Project help to provide fresh fruit and vegetables to clients. The pantry contains various ethnic foods and a kosher shelf Other to meet the needs of our diverse community. FINANCIAL ASSISTANCE - CCC may provide emergency financial assistance to an individual or a family once a year (as funds are available for rent/mortgage and utilities). CCC may provide vouchers to the Medication Station, for anyone who cannot afford to have a vital prescription filled and a voucher for shelter for 1- or 2 -night stay if short term shelter is required. CCC is a platinum partner with the State of Florida. We are an access site for food stamp, SSI, Medicaid, & prescription drug assistance applications for the State of Florida and major Other pharmaceutical companies. FAITH IN ACTION - CCC's Faith in Action Program recruits, trains, and supports caring volunteers to help their frail and elderly neighbors through friendly relationships. The assistance can be shopping, picking up medication, respite care, financial assessments and management, or taking a person to the doctor. Other ECONOMIC DEVELOPMENT: NUTRITION EDUCATION - "5 A Day," a child nutrition educational program, targets underprivileged, kindergarten children in the poverty pocket of Boynton Beach known as "The Heart of Boynton_" It is a small attempt to change the course of the health of this next generation. The program provides nutrition -education, nutrition -related disease prevention information, classroom materials and teacher aides, hands on activities and field trips, one- on -one with a nutritionist, as well as, hunger relief, and advocacy. The "Easy Garden Gourmet Cooking and Nutrition Education Classes," are 6 -week cooking classes designed to help reduce salt, sugar, and fat in- take, using fresh herbs and seasonally grown fruits and vegetables_ Health and Wellness Education partnerships include Chronic Disease Maintenance and Wellness classes with the Caridad Center, and Nutrition Cooking Demonstrations with ACHIEVE, a program administered with the Palm Beach County Health Other Department. A CULINARY INCUBATOR, The Secret Garden Cafe - A unique 3,500 sq ft, 1.02 -seat Restaurant/ Market/ Deli/ Bakery/Catering facility that offers shared usage of a commercial kitchen and retail market space to "would-be" entrepreneurs and/or existing businesses. A culinary incubator program, it provides a shared space to small businesses to practice their trade, and technical assistance in a nurturing atmosphere that assist small business entrepreneurs, called incubator clients, to develop their business concept. Once clients become independent businesses they can become part of the Market Co-operative, a model that SAA For Paperwork RedwOm Act Kotw, see the km&Ucbmrs far Foran No or 990 U TEEA4901 10112AS Schedule 0 (Form 990 or 990 -EZ) (2015) Schedule O (Form 990 or 990 -EZ) 2015 page 2 Mame of the wganbHdon Employer identiR®tion number Community Carinq Center Of Greater Bovnton Beach. Inc. 165-0447796 offers shared usage helping to reduce administrative overhead expenses in the early stages of business development_ Other URBAN FARMING PROJECT - Partnered with the University of Florida in 2009 through the PBC Extension Office, the urban farm provides fresh produce for the Veggie Mobile program, the chefs at the cafO, use in the nutrition & food preservation education programs, and provides produce to CCC's food pantry. The CSA (Community Supported Agriculture) produce sales provide additional income for the centers nutrition education and other senior programs. SENIOR VEGGIE MOBILE and home Delivered Meals - Each week the Center's food pantry truck takes fresh and locally grown produce to our frail and elderly shut-ins in the "Heart of Boynton" area. It includes the bounty from the urban farm along with produce from gleaning programs and unsold green market produce purchased from local farmers. The program offers an opportunity for case managers to provide a friendly visit, check for signs of malnutrition and dehydration, provide additional assistance if needed, and offer healthy nutritious food options_ FREE Soups are included. Senior Meals are delivered each Wednesday; a donation of $30 Other will sponsor a needy frail, elderly and shut-in senior for S-wks. Schedule O (Form 990 or 990-E7) (2015) TEEA4= 10/17115 Depreciation and Amortization OMB No. 1545-0172 f=orm 4562 (Including Information on Listed Property) 2015 P, Attach to your tax return. Internal�ue ry (99) Information about Form 4562 and its separate instructions is at www.irs.gov/iorm4562 seq� Ka. 179 Narne(s) shown on return Identifying number Community Caring Center Of Greater Boynton Beach, Inc. 65-0447796 Business or aeuvay to whidn this farm relates Form 990 / Form 990EZ Tart I_J Election To Expense Certain Property Under Section 179 Note: ff you have any listed aTpe, cam We Part V before you complete Part 1. 1 Maximum amount (see instructions) .. . ... ... . . .. . . .. . ... ... . . . . . . . . . . . . . 1 2 Total cost of section 179 property placed in service (see instructions) .. ....... . . .. .. . 2 3 Threshold cost of section 179 property before reduction in limitation (see instructions) 3 4 Reduction in limitation. Subtract line 3 from line 2. If zero or less, enter -0- . ... . . 4 5 Dollar limitation for tax year. Subtract line 4 from line 1. if zero or less, enter -0-. If married filing separately, see instructions . 5 6 (a) De "Wwn of Property T (b) Cost (business —only) I (c) Secied cost 7 Listed property. Enter the amount from line 29 . .. . ... . . .. . .. . . .. . ... 1 7 1 8 Total elected cost of section 179 property. Add amounts in column (c), lines 6 and 7 ... ... ... . . . . 9 Tentative deduction. Enter the smaller of line 5 or line 8 . .... .. ........ . ........... . . 10 Carryover of disallowed deduction from line 13 of your 2014 Form 4562 . . .. . .. . . ... .. . .. . . . . 11 Business income limitation. Enter the smaller of business income (not less than zero) or line 5 (see instrs) . . . . 12 Seton 179 expense deduction. Add lines 9 and 10, but do not enter more than line 11 . . 13 Carryover of disallowed deduction to 2016. Add lines 9 and 10, less line 12 .. . . .. . ► F13 f Note: Do not use Part H or Part III below for listed property. Instead use Part V. Part 11 1 Special Depreciation Allowance and Other Depreciation (Do not include listed orooerty. 14 Special depreciation allowance for qualified property (other than listed property) placed in service during the tax year (see instructions) . .. . . .. . ... . .. . ... . ... . .. . .. . . . .. . . . ... . .. . . 14 15 Property subject to section 168(f)(1) election .. ... . ... . ... . .. . .. . . .. . ... ... . .. . 15 16 Other depreciation(including ACRS 16 0. Part til I MACRS Depreciation Do not include listedproperty.) See instructions. Section A 17 MACRS deductions for assets placed in service in tax years beginning before 2015 ... . ... ... ... ... 17 11,344. 18 If you are electing to group any assets placed in service during the tax year into one or more general asset accounts, check here .. . .. . . .. . .. . .. . . .. . . .. . ... . .. . . .. . .. . ❑ Section B — Assets Placed in Service During 2015 Tax Year Using the General Depreciation System (a) ClasslRcetion of property (b) Month and year placed ht service (c) Basis fordepracktion (buainessrmveshnent use ony — see instructions) (d) Recovery period (e) Convention (f) Method (g) Depnrctration deduction 19a3- ear pmpeqy . . . . . . 40,054_ 3.Q yrs HY S/L 6,676. b 5 -year property c7- r eroperty . . . . . . 19,588. 7.Q yrs HY S/L 1,399. d 10 ear property e 15- year f 20 -year 25 -year property 25 yrs S/L h Residential rental property 27.5 yrs MM S/L 27.5 yrs MM S/L i Nonresidential real property 39 yrs MM S/L MM S/L Section C — Assets Placed in Service During 2015 Tax Year Using the Alternative Depreciation System 20 a Gass life . S/L, b12 -year. . .. . 12 vre S/L c 40- r. 40 yrs MM S/L Pali N I Summa See instructions. 21 Listed property. Enter amount from line 28 .... ... .. .. ........ ................ 21 400. 22 Total. Add amounts from line 12, lines 14 through 17, Imes 19 and 20 in Column (g), and line 21. Enter here and on the appropriate fines of your retim. Partnerships and S corporations — see instructions . ... . . 22 19,819. 23 For assets shown above and placed in service during the current year, enter the portion of the basis attributable to section 263A costs ........... .. . F23 BAA For Paperwork Reduction Act Notice, see separate instructions, FDIZ0812 101 7115 Form 4562 (2015) Form 4562 (2015) CommunitZ Caring Center Of Greater Boynton Beach, Inc._ 65-0447796 Page 2 PgrFV Listed rOpelty (Include automobiles, certain other vehicles, certain aircraft, certain computers, and property used for entertainment, recreation, or amusement.) Note: For any vehicle for which you are using the standard mileage rete or deducting lease expense, complete only 24a, 24b, columns a through c of Section A, all of Section B, and Section C ifapplicable, Section A — Depreciation and Other Information (Caution: See the instructions forlimits for passenger automobiles.) 24 a Do you have evidence to support the businesslimeslmem use daimed? ... ... I XI Yes I I No 24b If Yes; is the evidenoe written? . .. FX]Yes n No (a) (b) (c) (d) (e) M (9) (h) (i) Type of properly Date Placed Business/ Castor I Basis for depredation Recovery I Method) Depreciation Elected (list vehicles tins)) in service Investment other basis Muslnesslinveehnent parlor Convention deduction SWIM 179 32 Total other personal (noncommuting) miles driven .... .. . .... . . . . .. m9e Pu�M use only) cyst 25 Special depreciation allowance for qualified listed property placed in service during the tax year and used more than 50% in a ualified business use see instructions 25 lines 30 through 32 .... ...... . . . 26 Property used more than 50% in a qualified business use: 27 Property used 50% or less in a qualified business use: 28 Add amounts in column (h), lines 25 through 27. Enter here and online 21, page 1 .. .. . . .. . . 28 1 400.1 29 Add amounts in column 0), line 26. Enter here and on line 7, cape 1 29 Section B — Information on Use of Vehicles Complete this section for vehicles used by a sole proprietor, partner, or other 'more than 5% owner,' or related person. If you provided vehicles to your employees, first answer the questions in Section C to see if you meet an exception to completing this section for those vehicles. 30 Total businesslnvesiment miles driven during the year (do not include (a) Vehicle 1 (b) Vehicle 2 (c) Vehicle 3 (d) Vehicle 4 (e) Vehicle 5 (f) Vehicle 6 Date asrnodb%rdon Anwrtaable Code Anmrrvab= Amortize0on 1 commuting miles) . . . .. . .. . .. . . . . ammnt sermon period or 1 for this year 31 Total oommuling min driven during the year .... . percentage 32 Total other personal (noncommuting) miles driven .... .. . .... . . . . .. 33 Total miles driven during the year. Add lines 30 through 32 .... ...... . . . Yes No Yes No Yes No Yes No Yes No Yes No 34 Was the vehicle available for personal use during off-duty hours? . ... ... ... . 35 Was the vehicle used primarily by a more than 5% owner or related person? ..... _ 36 Is another vehicle available for personal use? ..... ..... ... .. . A. Section C — Questions for Emolovers Who Provide Vehicles for use by Their Emnlovees Answer these questions to determine if you meet an exception to completing Section B for vehicles used by employees who are not more than 5% owners or related persons (see instructions). 37 Do you maintain a written policy statement that prohibits all personal use of vehicles, including commuting, Yes No byyour employees? . .......... ....... ........... .. ............ . . 38 Do you maintain a written policy statement that prohibits personal use of vehicles, except commuting, by your employees? See the instructions for vehicles used by corporate officers, directors, or 1 or more owners . _ . . 39 Do you treat all use of vehicles by employees as personal use? .. ... . . .. . .. . .. . .. . . ... . . . . . _ _ . . 40 Do you provide more than five vehicles to your employees, obtain information from your employees about the use of the vehicles, and retain the information received? . ... . .. . .. . ... . ... . .. . .. . .. . . ... . .. . .. . . 41 Do you meet the requirements concerning qualified automobile demonstration use? (See instructions_) .. . ... . . . Note; if your answer to 37, 38, 39, 40, or 41 is 'Yes,' do not complete Section B for the covered vehicles Omr # v1 I A.. r4i�nfi^" (a) M (c) (d) (e) (f) Desviptionormsts Date asrnodb%rdon Anwrtaable Code Anmrrvab= Amortize0on 1 begins ammnt sermon period or 1 for this year percentage 42 Amortization Ot COsts tnat Begins during your 2015 tax year (see instructions): 43 Amortization of costs that began before your 2015 tax year . ..... .......... ....... .... 43 44 Total. Add amounts in column M. See the instructions for where to report 44 F0120812 10127115 Form 4562 (2015) Community Caring Center Of Greater Boynton Beach, Inc. 65-0447796 Schedule O (Form 990), Supplemental Information to Form 990 Form 990, Page 2, Part III, Line 4a (continued) Market/Deli/Bakery/Cafe Senior Veggie Mobile & Delivered Meals _ For more detailed program information see attached Schedule 0. Schedule O (Form 990 or 990 -EZ), Supplemental Information to Form 990 or 990 -EZ Farm 990, (Page 10, Line 24e All Other Expenses (continued) Description (A) (B) (C) Total Program Management services and general Bank Charges 1,197. 1,197. 0. Consultants Fees 59,526. 59,526. 0. Professional Fees 123,000. 123,000. 0. (D) Fundralsing 0. 0. 0. TOWN OF OCEAN RIDGE 6450 NORTH OCEAN BOULEVARD OCEAN RIDGE, FLORIDA 33435 www.oceanridgeflorida.com (561) 732-2535 ♦ FAX (561) 737-8359 GEOFFREY A. PUGH MAYOR, CHAIR OF COMMISSION JAMES S. TITCOMB TOWN MANAGER January 17, 2017 Mr. Jerry M. Dean District IV Permits Coordinator Florida Department of Transportation 3400 W. Commercial Boulevard Fort. Lauderdale, FL 33309 Dear Mr. Dean; COMMISSIONERS GAIL ADAMS AASKOV JAMES A. SONFIGLIO STEVE COZ The Town of Ocean Ridge has no objection to the proposed temporary closure of the western two lanes of US -1 Federal Highway from Boynton Beach Boulevard to Gateway Boulevard on Saturday March 4, 2017 for the purpose of conducting the non-profit "CCC Hunger Run." Any impact to our Town residents should be negligible. This Road segment is not within the municipal boundaries of the Town of Ocean Ridge, however FDOT requires our letter of approval for the closure. If you have any questions or require further information, please don't hesitate to contact us. Thank you for your attention to this matter and have a great day? Respectfully yours, James S. Titcomb Town Manager AMement to Time and Score A Runner Race This agreement is between AccuChipUSA, Inc. (AccuOup) and the Community Caring Center of Greater Boynton Beach, Inc. (CheWCrestomm-) and will become a legally binding cotmact once signed and dated by representatives of both parties. The parties mutually agree that AmuChipUSA, Inc, is providing timing and scoring services only and not race managemeat services for the event listed herein. Under the terms of this agreement: AccuChipUSA, Inc. (EIN- 20-1133249) agrees to provide the following race tinning services for the (lunger Run/Walk on March 4, 2017 in Boynton Beach, Florida: • List event information on website at vk-%N .AccuC'hilrTiming.com with a registration portal to the on-line registration page set-up by the Race Director, • Provide a disposable timing tag (which will be affixed to customers supply of race bis) for up to 300 runners/walkers; • Data entry of all participant information into the scoring software for all persons who register on race day, • Provide and act -up the finish line arch, banner, corral and time clock on race day; • Provide and set-up chip timing gear at the finish Iine for gun to finish timing Time and score all runners/walkers in the race; Client expressly understands that weather and safety related caneems may impact our ability to electronically time and score the event and that best efforts will be made to facilitate manual timing of winners should electronic timing equipment not be able to be utilized due to these circumstances (i.e. lightning); • Produce rake results for all runnem4alkcrs in the race (typically results are posted every 10 minutes alter the winner crosses the finish line); and Post final race results on-line at w zc AccuC bipTimin%cmn within 4 hours of the race's completion; and Cooperate with the Race Director (s) in the performance of the above ram services. The Community Caring Center of Greater Boynton Beach agrees to: • Provide AccuChipUSA, Inc_ with the race bibs at least 1 week prior to the event to allow adequate race preparation time. Should race bibs not be provided or should customer choose to purchase, AccuChipUSA, Inc. will provide race bibs at a cost of $35 per 100 bib padk,et. Close online registration and provide an excel spreadsheet to AccuChipUSA, Inc. by 12:00 p.m. (Noon) the day before the event which lists the following information for each pre-rMsterad participant... first name, last name, age gender, division, and t -shirt size; • Be responsible for setting up and managing all race day registration tables and have sufficient volunteers to handle this itnportant job; • Give AccuChipUSA, Inc- (3) three complimentary entries to the race to be distributed by AccuChipUSA, Inc. to deserving runners in the local race com inunity; • Pay AccuChipUSA, Inc. $1,600.00 for the above services of which $500.00 will be paid up front upon the signing of this agreement and the balance within 10 days of the race's completion. If the above event grows larger tlran 300 registrants, AccuChipUSA, Inc. shall be paid $3.00 for every registrant over 300 runners/walkers; • Should the event be cancelled for that date, for whatever reason, the $500.00 deposit is non-refundable and nontransferable (rescheduled events will require a new race retainer and deposit); should the event be cancelled or rescheduled within 24 hours of the start time of the event then AccuOupUSA, Inc. shall be paid an additional $500.00 in addition to the $500.00 paid on account to eo gensate for the time and effort expended in preparing for the cancelled/ rescheduled rade; and • List AccuMpUSA, Inc. on the vraver skid release page of the race application. Signed and Dated by: 1W Name f Authorized Representative Authorized I presentatM"Of - - Datod Comm Caring Cuter of Greater Boynton Beach, Inc. 145 NEvenire Boynton each, FL 33435 Susan Harding far Dated AccuChipUSA, Inc. 3947 NW 120 Avenue, #1213 Coral Springs FL 33065 RoadSafe Traffic System 3570 NW 62 St Miami, Florida 33147 East Coast ........... 800.842-6813 ext 121 West Palm Beach... 772-201-0167 Miami...................305-633-3883 ext 121 Miami Fax ............... 602-251-0537 "traffic control is no accident" Special Event Quotation CUSTOMER: Community Caring Center DATE: 12,28.16 BILLING ADDRESS: 145 NE 4th Ave CONTACT: Arturo Wittman CITY, STATE, zip: Boynton Beach, FL 33435 QUOTED BY: Pamela Marmin PHONE: 561-480-00931561-493-1989 FAX: "CUSTOMER APPROVAL SIGNATURE: EVENT: 2017 Hun er Run/Walk DATE: 03.04.17 LOCATION: Federal _Hn @ Boynton Beach Blvd CITY: BOYNTON BEACH COUNTY: Palm Beach 2 message boards to be pjaced March 2 & picked up after race $600.00 Labor & rental of material to set up the course according to the MOT drawin Race to be set up RELor to 6:30 AM race $1,800.00 Breakdown to beggin after last runner approxiamately around 9 AM Price includes two lane closures w/ arrow boards 400 cones a III barricades si nae labor to set up & breakdown SPECIAL COMMENTS: Copy of Safes tax exempt certificate required. SUB TOTAL $2,400,00 Sales Tax TOTAL LUMP SUIVt $2 -0-011 rww aspinuyl [bus a«+umauws r ex w me above quorauon. Prices ew n[m iT your omer is calvea in wflnin 3u day& rust due invoices shad incur a finance dr per month_ Merchandise relurned due M no fault of ours wig be subject to a 209 restocking charge. BOYNTON CRA Iii BE,,H CRA Advisory Board Meeting February 2, 2017 @ 6:30PM In Chambers at City Hall 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 561-737-3256 ADVISORY BOARD AGENDA I. Call to Order II. Roll Call III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda IV. Assignments A. Pending Assignments 1. Research for a Potential CRA Grant for Job Creation 2. Review the 29 Recommendations made in February 3, 2016 Miami -Dade County Grand Jury Report Concerning Affordable Housing and Mismanagement of CRAs 3. Discussion and Creation of Draft Community Benefits Agreement 4. Research and Recommendations Regarding DIFA Agreements and the Current Policy Regarding DIFA Agreements B. Reports on Pending Assignments 1. None C. New Assignments from January 10, 2017 Meeting 1. None V. Consent A. Approval of Advisory Board Minutes — Jan. 5, 2017 VI. Information Only A. Career Expo at Carolyn Sims Center, Thursday, March 23, 2017 from 8:30am 12:00pm sponsored by the CRA, City of Boynton Beach and CareerSource B. Approval of Period Ended Jan 31, 2016 Financial Report VII. CRA Board Agenda Items A. Old Business 1. None BOYNTON BEACH CRA B. New Business 1. Discussion and Procedures for CRAAB Presentations and Reporting Procedures at CRA Board and City Commission Meetings VIII. Public Comment (Note: Comments are limited to 3 minutes in duration) IX. Future Agenda Items A. Discussion and Consideration of District Clean Program X. Adjournment Notice 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 CRA. PLEASE CONTACT THE CRA, (561) 737 — 3256, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEBSITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEBSITE CAN BE OBTAINED FROM THE CRA OFFICE. MINUTES OF THE CRA ADVISORY BOARD MEETING IN CHAMBERS AT CITY HALL 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33435 HELD ON THURSDAY, JANUARYS, 2017, AT 6:30 P.M. PRESENT Linda Cross, Chair Robert Pollock, Vice Chair James DeVoursney (arr. at 6:34 p.m.) Allen Hendricks Thomas Murphy, Jr. Paula Meliey ABSENT- Rick BSENTRick Maharajh I. Call to Order The meeting was called to order at 6:32 p.m. II. Roll Call Michael Simon, Interim Director, CRA Theresa Utterback, CRA Business Specialist Mona Laventure, Prototype, Inc. Kathryn Rossmell from Lewis, Longman & Walker Roll was called, and it was determined a quorum was present. Ill. Agenda Approval (Not addressed at this time) A. Additions, Deletions, Corrections to the Agenda - None B. Adoption of Agenda IV. Assignments: A. Reports -None B. Pending Items 1. Research for a Potential CRA Grant for Job Creation Mr. Simon reported staff met with Michael Corbit and spoke about the all the programs offered by Career Source. He noted their goals are tied into career fairs/expos and jobs. Meeting Minutes CRA Advisory Board Boynton Beach, Florida January 5, 2017 [Dr. DeVoursney arrived at 6:34 p.m.] Mr. Simon said staff is going to pursue a career expo for March. He said that Career Source has funding and is using the CRA as a business find erlrecruiter because of the grants the CRA already has. Career Source can provide the internship opportunities for the individuals. Mr. Simon said they are going through the process of placing an intern to do social media for the CRA to try out the process. Over the next week, he will meet with Nicole to discuss job specifics, and Career Source will begin recruitment. Chair Cross said it appears that the CRA does not need to set aside grant funding for Career Source, since they already have funding. Ms. Utterback explained that the CRA wants to take advantage of the internship program via a pilot program, possibly using the grant money to partially pay for interns. The CRA would solicit businesses to have an intern do their social media for them. She said the program outcomes can be tracked. Ms. Utterback commented that the program will benefit non college -bound interns who will have the opportunity to work for a government agency, and will also benefit recent college graduates. In addition, the businesses will benefit from the work of the students. Discussion ensued about the nature of the assignment - if it was to come up with a specific guideline/application/program, or to recommend the program itself. Mr. Simon favored having their own intern to try out the program and discover its limitations, etc. He said it would be helpful to determine the effectiveness of using social media versus traditional media, such as an ad in the Palm Beach Post. Chair Cross stated that the CRA Board wanted them to set up a grant program for jobs, but they are going to go through the Career Source route first since they already have funding. Mr. Simon pointed out that the internships could turn into jobs. Mr. Hendricks remarked that the CRA would be spending their time and talent to bring in an intern and did not see the connection with a grant. Ms. Utterback thought they would use the grant in conjunction with Career Source. She said businesses are always looking for space, and the CRA can help put them in a spot. Discussion ensued on the current use of (future) retail spaces and mixed use zoning. Mr. Simon concluded they would create jobs while working on a grant to create jobs. 2. Review the 29 Recommendations Dade County Grand Jury Report Mismanagement of CRAB W made in February 3, 2016 Miami - Concerning Affordable Housing and Meeting Minutes CRA Advisory Board Boynton Beach, Florida January 5, 2017 Chair Cross recalled they had already discussed Recommendation #9 at the prior meeting. Mr. Simon commented on Recommendation #10, which addressed following best practices guidelines for grant programs which may be developed by the Florida Redevelopment Association. After brief discussion, the Board agreed to pass on the recommendation, since it did not apply to them at this time. Chair Cross noted that Recommendations #11 #13 pertain to affordable housing, which Mr. Simon confirmed is also known as workforce housing. Mr. Simon explained that while the City ordinance is focused on a percentage of a development that has to be affordable housing, this recommendation would be a legislative mandate that every CRA would have to devote 10% of their annual TIF revenue to affordable housing. Dr. DeVoursney believed the recommendations to be moot, since they already devote more than 10% of their TIF revenue to affordable housing. However, Chair Cross suggested recommending it as a policy. Motion made by Vice Chair Pollock, seconded by Dr. DeVoursney, that they recommend in conjunction with Recommendations #11, #12, and #13, as a policy of the CRA that a minimum of 10% of TIF revenue be set aside for the benefit of low/moderate income workforce housing. In a voice vote, the motion passed unanimously (6-0). The Board passed on Recommendation #14, as it pertained to a State statute, which was beyond the Board's purview, and was somewhat redundant to the previous recommendation. Chair Cross read Recommendation #20 requiring ethics training bi-annually, and it was noted that the City and the County already have that in place. With that in mind, the Board passed on the recommendation. Recommendation #21 requires four hours of ethics training annually for all CRA Commissioners. Motion made by Ms. Melley, seconded by Vice Chair Pollock, that they recommend that the local CRA Board for the City of Boynton Beach complies with four hours of ethics training annually. In a voice vote, the motion carred unanimously (6-0). The Board passed on Recommendation #22, as they deemed it unnecessary. Upon discussion of Recommendation #23, Ms. Melley amended her previous motion to include elected as well as unelected (Advisory appointed) members, and the staff of the CRA. 3 Meeting Minutes CRA Advisory Board Boynton Beach, Florida January 5, 2017 The Board passed on Recommendation #25, because the best practices information is already available in many formats. Dr. DeVoursney believed that Recommendation #27 remove or better define what is permissible under the "prevention of slum or blight" provision in the Florida Statute - had to do with the relevancy of events that the CRA had been holding. Mr. Simon advised that the Board should understand what the CRA responsibilities are, and direct that question to every project and event. It could be considered either as a policy or a recommendation to the Board. Discussion ensued on the relevancy of the recommendation. Generally, the Board members believed it to be irrelevant, as the Board would always ask if a project was to prevent slum or blight. The Board passed on Recommendation #27. The Board passed on Recommendation #29, since it does not apply. 3. Discussion and Creation of Draft Community Benefits Agreement Chair Cross referred to the two samples of Community Benefits Agreements (CBA) in their packet and the CBA for NuRock. She noted that ours says "good faith effort" and theirs (Overtown) says "will." Also, their agreement has measurable penalties if they do not follow the agreement particulars. Chair Cross further pointed out that our agreement has an intermediary that liaisons with the developer as opposed to the developer having to report to the CRA. Attorney Rossmell stated that the Board's direction has been to create a CBA with more clear goals and with more "teeth." Chair Cross doubted they could amend the NuRock agreement at this point. Mr. Simon advised that NuRock has the CBA and they have several issues with it, one being they wanted to have enough authority over the hiring requirements of an individual regarding their criminal background. Ms. Rossmell said that since NuRock did not receive funding to move forward with their project, it is not being actively negotiated at this time. Mr. Simon suggested that the Board agree on some elements they would like to see in the CBA, using the NuRock agreement as a sample. He did not think the CRA Board expected this body to create a universal template, since each one would be individualized. Rather, this Board should suggest some more general requirements for a base document that would cover the CRA legally. Some items that were discussed were: • The agreements should have more teeth in them • If the CRA is giving money or land, there ought to be something given in return 4 Meeting Minutes CRA Advisory Board Boynton Beach, Florida January 5, 2097 rr • Very specific requirements of hiring, pay, and penalties • Hiring of outside contractors or consultants • Skilled or unskilled labor • Ask for a community benefit in particular area of the CRA district Who polices the agreements? • Be responsible for the public dollar Chair Cross emphasized that this Board is all volunteers; they are not staff. They can only make recommendations. Ms. Rossmell clarified that the CBA would be part of a larger package, such as the Direct Incentive Funding Agreement (DIFA). Secondly, she advised that the CRA Board is not asking this Board to draft a contract - they are looking for direction in provisions and generalities in what the CRA should seek to enforce those. There was a suggestion that the Advisory Board be involved in the review of each agreement. Chair Cross believed that, given the scarcity of land, the CRA needs to be more specific on the CBAs with respect to jobs, wages, environmental sustainability and have measurable items. Ms. Melley, however, argued for more generalities, since each agreement would be different, and she wanted the ability to review each agreement. Chair Cross cautioned that the CRA Board is composed of politicians, not at -large representatives, and decisions could be skewed for political purposes. She said parameters are necessary. Mr. Simon recapped that the Board apparently wants a stricter philosophy in the writing of the CBAs. He said that if the Board wanted some control over who the third party was, they would need to create a policy on how the third party would be selected. Discussion continued on whether the Board should review the agreements on a case by case basis, with the argument being raised that it would delay the process. Alternatively, the Board could create a policy of whether the CBAs should be tight or loose. Motion made by Mr. Hendricks, seconded by Vice Chair Pollock, that the CRA come up with a policy document that addresses Community Benefits Agreements that sets forth guidelines, objectives, goals, and principles to be followed, and that it gets an annual review as the needs change moving forward as a CRA (board and staff). Dr. DeVoursney thought this was up to the Legal Department and thought they would draft a legal document that this Board would review on a case by case basis. Chair Cross pointed out these agreements are for larger developments where the CRA gives a large amount of money, but Dr. DeVoursney believed a CBA could be attached to any development in the CRA. Chair Cross argued that the Board should not put itself Meeting Minutes CRA Advisory Board Boynton Beach, Florida January 5, 2017 in the middle of the approval process. She reasserted that she wanted CBAs that are specific, measurable, and include penalties for failure. In a voice vote, the motion passed (4-2) with Dr. DeVoursney and Chair Cross opposed. Motion was amended to recommend that the CBA is measurable and specific. By consensus, the Board agreed unanimously. Motion made by Dr DeVoursney, seconded by Ms. Melley, that the CBA agreements have teeth that have wording that speaks of penalties, that have wording that speaks of specifics as far as how many people are going to be hired for that particular project, that has wording that states what the wage is going to be for that particular project and what the penalties are if the parameters are not met. The Board also recommends that they are reviewed on a case by case basis after they are received from Legal, so that they can send a final draft for approval to the CRA Board. In a voice vote, the motion passed unanimously (6-0). Mr. Hendricks commented that the wording of the assignment was misleading. Motion made by Mr. Hendricks, seconded by Dr. DeVoursney, to recommend that the question to the CRAAB Board be reframed that they do not believe it is appropriate or beneficial to create a template or a draft of a Community Benefits Agreement. In a voice vote, the motion passed unanimously (6-0). C. New Assignments 1. Research and recommendations regarding DIFA agreements and the current policy regarding DIFA agreements Mr. Simon stated that a DIFA agreement can last as long as the Board and the developer agree to set, unless there is a set policy limiting the number of years it can last. He advised that the purpose of such a policy is to tell those who are interested in taking advantage of the program what their policy on entertaining those requests will be. Mr. Simon explained the differences between DIFA and CBA agreements. He advised having general parameters (policies) upfront. Mr. Simon clarified that the five recommendations on page 204 of the backup material are the current policies, and the Board can ask staff for their feedback on the five recommendations. Mr. Hendricks wondered what staff thinks is needed at this time, since the TOD is on the front burner. He did not see any reference to office space. Chair Cross added she would like to see more ideas also, in light of upcoming projects such as Riverwalk, the downtown area and the Arts District. 2 Meeting Minutes CRA Advisory Board Boynton Beach, Florida January 5, 2017 Mr. Simon remarked that development of the Cultural Arts District would come in the form of new office, retail, housing, and jobs. As a citizen and professional, he would like to see - for example - a developer prove to him that the parking that he is asking money for is over and above the requirement of the project. Ms. Melley did not see the correlation between the current discussion and the DIFA guidelines, and Mr. Simon pointed out they are not setting guidelines at this time. The first thing he needs is what items he is going to offer to the developer, what qualifies for extra money. Chair Cross reiterated the need to ensure that the DIFA agreement is not just a "political football." The Board agreed it was a good idea to think about some additional (five) suggestions and bring them back to the next meeting. Mr. Simon cautioned about getting too specific and project -oriented. Discussion ensued on the possible categories for a DIFA agreement, such as utilities or other infrastructure, and greening. By having the developer take on those categories, the City saves taxpayer money. V. Consent: Motion made by Mr. Hendricks, seconded by Ms. Melley, to approve the Consent Agenda as it appears below. In a voice vote, the motion passed unanimously (6-0). A. Approval of Advisory Board Minutes Dec. 1, 2016 VI. Information Only: A. Interim Executive Director Email Report to CRA Board B. Audited Financial Statements FY 2015-2016, Fiscal Year Ended September 30, 2016 Mr. Simon stated there were no findings and that the auditor would make a presentation the CRA Board meeting on January 10, 2017. VII. Old Business: (Recommendations on CRA Board Agenda Items for January 10, 2017) A. Discussion of Purchase and Development Agreement for the Property Located at 222 N. Federal Highway 7 Meeting Minutes CRA Advisory Board Boynton Beach, Florida January 5, 2017 Mr. Simon advised that the developer would like the land transfer before the development happens. He said there would be a new packet on the CRA Board's agenda, so nothing is up to date at this time. Chair Cross recalled that former CRA Director Brooks said that no property would transfer until the funding closed. Mr. Simon stated that if the transfer occurs before the development, a reversion clause can be inserted into the contract to protect the public's ability to get the property back if the development does not come to fruition. Mr. Hendricks was concerned with Ocean One, saying that it needs bigger sidewalks, a larger canopy, and a building that is stepped back and terraced. He was not sure if the Board could do anything about that and said the City has not done a very good job with some of their architectural review. Mr. Hendricks suggested putting some of those guidelines into the DIFA agreements. Chair Cross emphasized that she was not in favor of doing the property conveyance unless they get something in return. She wanted to see a development there that the CRA wants. Mr. Simon pointed out that TIF revenue increases could be a benefit. Chair Cross again recommended that the CRAAB should recommend to the CRA Board that they do not transfer the property until (1) the property is secured and has the financing, and (2) without some concessions from the developer as to how the property is going to be developed. In response to a question by Mr. Hendricks, Mr. Simon explained what the project will eventually look like. He said the first phase would be residential, and there is no assurance about a hotel. Chair Cross believed that the CRA can use increased parking in the area as leverage. VIII. New Business: None IX. Public Comment: None X. Future Agenda Items: A. Consideration of Community Benefits Agreement between the CRA and Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) for the Ocean Breeze East Project in the Heart of Boynton CRA tabled 10110116 B. Consideration of Community Benefits Agreement between the CRA and Heritage at City View Housing Partners, LP (NuRock Development Partners, Inc.) for the 2.97 Acre Project Site Known as MLK, Jr. located in the Heart of Boynton CRA tabled 10/10/16 8 Meeting Minutes CRA Advisory Board Boynton Beach, Florida January 5, 2017 C. Discussion and Direction for the Potential Acquisition of 416 E. MLK, Jr. Blvd CRA tabled 1119116 for 90 days D. Direction Regarding the Disposal of CRA Owned Properties Located at E. MLK, Jr. Blvd. and NE 9th Avenue to St. Paul AME Church of Boynton Beach (appraisals ordered 11123116) E. District Clean Program F. Discussion of CRA doing projects in house Re: Cottage District Site (Advice from Legal) XI. Adjournment Motion made by Mr. Hendricks, seconded by Vice Chair Pollock, to adjourn the meeting at 8:50 p.m. [Minutes transcribed by J. Rubin, Prototype, Inc.] WC YNTOl`i BEACH CRA BOARD MEETING OF: February 14, 2017 1 Consent Agenda I I Old Business I I New Business J I Legal I I Information Only I X I CRAAB AGENDA ITEM: XV.C. SUBJECT: Discussion and Procedures for CRAAB Presentations and Reporting Procedures at CRA Board and City Commission Meetings SUMMARY: The CRAAB board appointed CRAAB Chair Linda Cross as the spokesperson for the CRAAB Board. Board Member Dr. James DeVoursney was appointed as the alternative spokesperson. The spokesperson will provide the CRA Board with the CRAAB's recommendations (at the appropriate CRA Board Meeting) on items provided to them. The CRAAB Board also formalized that written reports will be provided to the CRA Board on specific CRAAB assignments. The assignments will be prepared by CRAAB members as voted on by the CRAAB Board. FISCAL IMPACT: NIA CRA PLANIPROJECTIPROGRAM: NIA CRAAB RECOMMENDATION: NIA CRA BOARD MOTION/OPTIONS: NIA Michael Simon, Interim Executive Director BC)YNTON r.rBEACH CRA CRA BOARD MEETING OF: February 14, 2097 J Consent Agenda I I Old Business I I New Business I I Legal I I Information Only JX I CRAAB AGENDA ITEM: XV.E.1. SUBJECT: Review the 29 Recommendations Made in February 3, 2016 Miami -Dade County Grand Jury Report Concerning Affordable Housing and Mismanagement of CRAs SUMMARY: The CRA Board approved this new assignment for the CRAAB at their regular monthly meeting held on October 10, 2016. The CRAAB Board has completed the assignment and has provided the attached report for the CRA Board's review. FISCAL IMPACT: NIA CRA PLANIPROJECTIPROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: NIA CRA BOARD MOTIONIOPTIONS: NIA r i Michael Simon, Interim Executive Director Summary Report of CRAAB Board Recommendations to CRA Board Regarding Miami -Dade County Grand Jury Report Concerning Affordable Housing and Mismanagement of CRA's I. Non -elected laypersons be appointed to serve as full-fledged voting members on CRA Boards. a. CRAAB Recommendation: 7 member voting board. First choice motion approved — 5 lay people and 2 commissioners which are from CRA districts. i. Second choice motion approved —5 Commissioners and shall appoint 2 lay people. 2. N/A given motions in #1 above. 3. N/A given motions in #1 above. 4. Civilian appointee to CRAB shall be knowledgeable in areas of the following fields: architecture, finance, construction, land use, or other education or professional experience in the area of community redevelopment. a. CRAAB Recommendation: Motion approved to follow as written above. 5. N/A 6. N/A 7. The imposition of a cap on annual CRA expenditures used for administrative costs. a. CRAAB Recommendation: Motion approved to NOT put a capon CRA expenditures considering our CRA administrative costs are under 10% and this has been a goal set for the Executive Director of the Agency. & N/A 9. The state statutes governing CRA's be amended to include requirements that all CRAs mirror the forced procurement guidelines consistent with the county or municipality in which they sit. a. CRAAB Recommendation: Motion approved to NOT to agree to have CRAs required to follow municipality guidelines because there needs to be some flexibility given the differences in what a CRA can do (like special events) and considering our CRA's policy was drafted to mirror many of the City's requirements. 10. CRAB hollow the best practices guidelines for grant programs (to include solicitations, review, and awards) that we hope will be developed by the Florida Redevelopment Association. a. CRAAB Recommendation: No recommendation at this time as there already are some guidelines from the FRA which we follow but nothing has been issued as a best practice yet. 11. —13. All recommendations relate to requiring a % of TIF revenue to be used for affordable/workforce housing at a minimum of 20% depending on the amount of TIF revenue. a. CRAAB Recommendation: Motion approved to set as a minimum, 10% of TIF revenue be set aside for the benefit of low/moderate income workforce housing. 14. — 20 N/A (Either applies to state statute or policy in place). 21. The Florida Legislature amend Florida Statute Section to require 4 hours of ethics training each calendar year for all CRA Board Commissioners. a. CRAAB Recommendation: Motion approved to require this for elected and non -elected members annually. 22. — 24. N/A 25. — 29. N/A — Best practices information is already available in many formats. CRAAB comment regarding #27 is to advise CRA Board that they should be able to answer the question — How does this expenditur%vent or DIF agreement prevent or eliminate slum or blight.