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Agenda 01-18-18Community Redevelopment Agency Board Meeting Thursday, January 18, 2018 -6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 561-737-3256 AGENDA 1. Call to Order 2. Invocation 3. Roll Call 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 5. Legal 6. 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 7. Announcements and Awards A. Movies in the Park B. Music on the Rocks C. The MLK Celebration of Unity Recap D. Marketing and Business Development Campaign 8. Information Only A. Public Comment Log B. Public Relations Articles Associated with the BBCRA C. Project Update on Economic Development Grants 9. Public Comments 10. Consent Agenda A. Monthly Purchase Orders B. Approval of CRA Board Special Meeting Minutes -December 5, 2017 C. Approval of CRA Board Meeting Minutes -December 12, 2017 D. Approval of Driftwood 2005, LLC for Commercial Facade Improvement Grant Program E. Approval of Driftwood 2005, LLC for Commercial Interior Build -Out Grant Program 11. Pulled Consent Agenda Items 12. Public Hearing 13. Old Business A. Financial Report Period Ending December 31, 2017 B. Social Media Outreach Program Update C. Neighborhood Officer Program 1st Quarter Report for FY 2017 - 2018 D. Community Caring Center 4th Quarter Report for FY 2016- 2017 E. Consideration and Discussion of the Letter Submitted by the Community Caring Center Boynton Beach, Inc. (CCC), for their property located at 145 NE 4th Ave, Boynton Beach, Florida. F. Boynton Beach Boulevard Streetscape Improvement Project Update G. Consideration of the Amendment to Kimley-Horn and Associates, Inc. for Professional Services for Sara Sims Park Design H. Consideration of the Standard Rental Agreement and Rules and Regulations for the Historic Woman's Club of Boynton Beach I. Consideration of the Rental Agreement with the Boynton Woman's Club for the Historic Woman's Club of Boynton Beach J. Consideration of the Rental Agreement with the Boynton Beach Garden Club for the Historic Woman's Club of Boynton Beach K. Consideration of the Rental Agreement with the Boynton Beach Historic Society for the Historic Woman's Club of Boynton Beach L. Update Regarding Purchase of 110 NW 6th Avenue M. Project Update 211 E. Ocean Avenue N. Consideration of an Interlocal Agreement with the City of Boynton Beach for funding of the Ocean Breeze East Project with Centennial Management Corporation 14. New Business A. Discussion Regarding Redevelopment Options for CRA Owned Parcels within the MLK, Jr. Boulevard Corridor B. Consideration of Funding Request by Reverend Bernard Wright 15. CRAAdvisory Board A. CRAAdvisory Board Agenda - January 4, 2018 B. Approval of CRAAdvisory Board Meeting Minutes - December 7, 2017 C. Pending Assignments: 1. None D. Reports on Pending Assignments from November 14, 2017 CRA Board Meeting: 1. Review and Discussion regarding the CRA Special Events Grant E. New Assignments from December 12, 2017 CRA Board Meeting: 1. None 16. Future Agenda Items A. Consideration for Revision to the CRA Procurement Policy Including a Local Business Preference Under a Competitive Process B. Consideration of Parameters for an RFP/RFQ for the CRA Owned Property (Tabled Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District 11/14/17) C. Results from the Non-profit Organization Grant Program D. Consideration of Human Resources Outsourcing 17. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE INAND 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 CRNS WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRNS WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. CRA BOARD MEETING OF: January 18, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.A. SUBJECT: Movies in the Park SUMMARY: JANUARY RECAP The January 6th Movies in the Park event featured the film Spiderman: Homecoming. Approximately 75 people attended the event. Prior to the movie a trailer was shown that featured 5 local CRA businesses: Splashdown Divers, Boss Tacos, Soulvaki Fast, FSB + Fashion Menswear, and Troy's Bar-Be-Que. FEBRUARY ANNOUNCEM ENT On February 2, 2018, screening of Movies in the Park will feature the film Glory Road. Event details are listed below: • This free event will be at the Ocean Avenue Amphitheater starting at 7:00 PM and run until approximately 9:15 PM. • The feature film is rated PG and is categorized as a docudrama. • Movie Synopsis: The film is based on the true story of Don Haskins, who was the basketball coach for the Texas Miners in 1966. He was considered to be a controversial coach because he choose to recruit several black players to play on what had been an all white basketball team. At the time, this was something that was completely unheard of and there was a significant amount of backlash from the school and local community. The film portrays the various struggles that the coach, individual players, and the team as a whole were faced with during the course of the season. • This film is an inspiring sports flick that has an underlying story of the racism that existed in the US during the 1960s. • Based on the PG rating, the film is appropriate for the entire family - including younger children. However, because of the use of some mild profanity, the n -word, and a scene that depicts a character being beaten, parental discretion is advised. • Benches will be available for seating but guests are encouraged to bring beach chairs and blankets. • 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. • Free popcorn will be provided to the first 100 movie goers. • Food, snacks, and beverages will be available for purchase. • Free parking is available onsite. EVENT MARKETING Posters & Postcards Movies & Music - Marketing material for Movies in the Park and Music on the Rocks consists of: 100 posters and 5000 postcards were designed, printed, and delivered to businesses in the CRA district, local churches, and city buildings. This marketing tool keeps the businesses informed of our local events and allows the community to take the postcard home as a reminder of the upcoming events. $400.00 (Exhibit A) Street Signs Music & Movies - Twelve Movies in the Park & Music on the Rocks 4'x4' signs and 4'x8' signs were installed displaying the upcoming event dates. $2,810.00 total for the sign contract (Exhibit B) Movies in the Park and Music on the Rocks stage banners - Stage banners were created and installed displaying the dates and times for the Ocean Avenue Amphitheatre stage. $900.00 (Exhibit C) Social Media Campaign- The CRA staff established a strong social media campaign on Facebook, Twitter, and I nstagram. The goal was to keep the community engaged and informed about the events in December and beginning of January. (Exhibit D) FISCAL IMPACT: FY 2017-18 Project Fund, line item 02-58500-480 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Exhibits A -C D Exhibit D (Social Media) hMudice ROCKS December 15" 6-9om January 19" 6-9pm February 16' 6-9pm April 2011 6-99m May 18" 6-'9 pm June 151h 1 6-9PM 129 East Ocean Avenue, Boynton Beach Calchftyntenxem US IN THE P m-- + " - on the Mmlej LR��OCKS December 15" -9 pm January 19t" _pm s�, February 16" 9'9 pm April 29 th 9'9 pm may 18 th `9 pm MTR+�t," June 15th -9 pm AAon the R 0 C K 3 i07TIN Jamar' on the 4v5 R 0 0 K S Ovi'N )VIES F bruar 16 6-911M ary 5 71-.00 am January 19 6'9 am MR 2 198 vin February 16 6-9om p1k h 2 7. A0 Pm April 20 6-9PRI 6 8:30 a, May 18 6-9pm 4 8:30 a," June 15 6-9Pm .A Aft mphAm AAon the R 0 C K 3 i07TIN Jamar' 19 6-90M F bruar 16 6-911M April 20 6 n Mav 18 6-90M June 15 6-90M 129 EAST OCEAN AVENUE PRESENTED BY BOYNTON =BEACHTCRA catcllboynton.com Agenda Item -January Movies: Spider -Man: Homecoming Exhibit: Social media Posts Boynton each CRA Nerd out at Movies in the Park on January 5tfi as we feature Splder-Man: Homecoming! Forst 100guestsreceive free popcorn, entry, is free, and tinne spent with Your family... priceless. Don't miss this event located at 129 E. Ocean Ave. in Boynton Beach starting at 7 PM -11draviesinthePark #Family 'FreeEven I#BBCRA Boonton Beach CR -A Learn More AL 68 peo,,-Ae reached -------------------- lip Like � Comment Share Performance for Your Post 2,681 55 48 7 - - 13 9 4 �on-of F;is E AS! C"n Qjl'an 15 72 11 3 58 NEGATIVE FEEDBACK 3 Pn,! 0 AW 17",lu- P?Cor�07 30'6' 90 Post Details Boynton Beach CRA 1),flul-FF, : 1 ", i;,Pr; 0 Who's your favorite Marvel super hero?'Idaybe watching SpicerMan HornecomMg on the big screen for FREE will help you join 4TeairSpiaey, #'MriviesintineParR #Fr.-,eF-vent #13o\ ntonBeach #BBCR.A AL 1 11554 peaptp, reached 33 Like Comment Shave Performance for Your Post 1,464, 49 34 33 p f -T! ","T! 5ost Details Boynton each CRA ;is1, Finally! Here, is the Movies in the Park schedule for the rest o,' the season, January -5th is Spider-rvlan: Homecoming! -1136CRA #FreeFven! NyloviesinfhePark reached ierree,a amn Dnd,;k S"hjf-, Like (:J- Corrivnew �> Share Performance for Your Post 483 7 & 3 2 1 0 0 0 0 1 2 Q, 16 5 0 11 -k NEGATIVE FEEDBACK 1 0 0 as if R:""f�""'�-o D. ftom Nerd out at Movies in the Park this January 5th as we feature Spider -Man: Homecoming! First i0o bags of popcorn are free, entry is free, and time spent with your famiLy .. free. We also offer a free raffle at the end of the movie, winners receive gift certificates to LocaL businesses! Don't miss this event Located at 129 E. Ocean Ave. in Boynton Beach at 7 PM. Track My En -rail Message FREE EVENT-SlAder-Man: Homecoming SLQ0C.j FREE EVENT Spic& man i omecoming Decernnc. 2.. 2017!2 1:50 FIV CrnipiEn &n n I min UtPs 7 sei:&nds) Emaill Impact Device Usage Q Tabict 12% computer IBM= H, Social Engagement 0 A Confad, Chcmd 4 CHHAS It v v, Ls Sender Property: Boynton Beach CRA Xsr fth-cofN-yT@bbf'1.u5, Subject: FREE Event -Spider -Man Track My Einail M(,?ssage FREE Event -Spider -Man I Suben FREE Evmt--IrJdiIJE,,n 22, 1-0 17 43C. S2 PM (Ccmpleted In I ii mutes 9 sp,�.oncs) Email impact Device Usage 0 431 cp,,ns iQ 0 Computer JIM 214 .................................................. Social Engagement 60 0 L! AJ CRA BOARD MEETING OF: January 18, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.113. SUBJECT: Music on the Rocks SUMMARY: DECEMBER RECAP The December 15, 2017, Music on the Rocks event featured the band Rogue Theory. There were approximately 100 people in attendance throughout the night. JANUARY ANNOUNCEMENT On Friday, January 19, 2018, the Boynton Beach CRA will present the monthly Music on the Rocks event. Event details are listed below: • The featured band will be Steeltown Religion, a local South Florida band that falls within the genre of country rock. • This FREE event takes place at the Ocean Avenue Amphitheatre, from 6:00 PM to 9:00 PM. • Food Truck Invasion will be onsite with a variety of food options. • Cocktails and beer will be available for purchase from the mobile bar service. • Free parking is available onsite. • The next Music on the Rocks event will be February 16, 2018, featuring the band Reggae Souljahs. EVENT MARKETING Posters & Postcards Movies & Music - Marketing material for Movies in the Park and Music on the Rocks consists of: 100 posters and 5000 postcards that were designed, printed and delivered to businesses in the CRA district, local churches, and city buildings. This marketing tool keeps the businesses informed of our local events and allows the community to take the postcard home as a reminder of the upcoming events. $400.00 (Exhibit A) Street Signs Music & Movies - Twelve Movies in the Park & Music on the Rocks 4'x4' signs and 4'x8' signs were installed displaying the upcoming event dates. $2,810.00 total for the sign contract (Exhibit B) Movies in the Park and Music on the Rocks stage banners - Stage banners were created and installed displaying the dates and times for the Ocean Avenue Amphitheatre stage. $900.00 (Exhibit C) Social Media Campaign - The CRA staff established a strong social media campaign on Facebook, Twitter and I nstagram. The goal was to keep the community engaged and informed about the events in December and beginning of January. (Exhibit D) FISCAL IMPACT: FY 2017-18 Project Fund, line item 02-58500-480 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Exhibits A -C D Exhibit D (Social Media) hMudice ROCKS December 15" 6-9om January 19" 6-9pm February 16' 6-9pm April 2011 6-99m May 18" 6-'9 pm June 151h 1 6-9PM 129 East Ocean Avenue, Boynton Beach Calchftyntenxem US IN THE P m-- + " - on the Mmlej LR��OCKS December 15" -9 pm January 19t" _pm s�, February 16" 9'9 pm April 29 th 9'9 pm may 18 th `9 pm MTR+�t," June 15th -9 pm AAon the R 0 C K 3 i07TIN Jamar' on the 4v5 R 0 0 K S Ovi'N )VIES F bruar 16 6-911M ary 5 71-.00 am January 19 6'9 am MR 2 198 vin February 16 6-9om p1k h 2 7. A0 Pm April 20 6-9PRI 6 8:30 a, May 18 6-9pm 4 8:30 a," June 15 6-9Pm .A Aft mphAm AAon the R 0 C K 3 i07TIN Jamar' 19 6-90M F bruar 16 6-911M April 20 6 n Mav 18 6-90M June 15 6-90M 129 EAST OCEAN AVENUE PRESENTED BY BOYNTON =BEACHTCRA catcllboynton.com Agenda Item -December Music: Rogue Theory Band Exhibit D Social media Posts Boynton Beach CRA Like Rock nRoll? Come jam out this Friday wifth Rogue Theory Bard at the Ocean Avenue Amphnheatfe-12,J E, Ocean Ave. at 6 PJ',A # hlusicont.fieRaclks #B6CRA, #'Rock ROGUE THEORY BAND - MOON SONG 2/3 (BalconyTV) ROGUE THEORY BAND performs the song 14GON SONG 213" for BakconyTV Sulo,scribe to u., rEghl now at hitp,:I,-bLr.,.Iy.115Vi4oc'L¢ke'us on Facebook -, . 0 "I'lLeam More IL -929 peopir, reached Cc,r,m,�ent Lik 1 Comment Share I I Performance for Your Post 929 35 29 28• 1 1 0 5 a 2 Boynton each CPA Come to the Ocean Avenue Amphitheatre 'OF nappy hour this Fndav and see ROgUe TlheoRBard liver grilusicontheRlocks 48SCIRIA 41-rvelIUSiC AL 2 12, p e op k. reached Like � Comment g,,> Share P e rforma ince fear Your Post 212 1 Cn 0 On 0 0 0 0 0 0 3 0 0 3 -'s d N EGATIVE FE E DRA CK 2 Po,,4 0 i !E , �P,,,-,Is 0 0 Ir 1;7r �MIf- "N", N�I �2t cr� Post Details Boynton Beath CRA Music on the Rocks event schedule Tor the rest of the season is finally here! "FreeEvent �01,,IusicmtheRocks 4Rock —'—'BBCRA A reached (DO , ` J lip Like (D Coniniew, f,'> Share Performance for Your Post 5211— cj,,A., Ro 17 11 S 2 01 �Iu, On C, -n a! 1 1 0 0 � �Jve C,!,l 0-,s? C'n 3 h a i 1 0 1 C,!,l C, 0 0 0 C,!,l -,s? C'n 3 h a i 4 1 3 S; C,!,l C, n 3 �I a) 3 0 8 "t Ks NEGATWE FEES BACK 0 v;, - Ao F', i 0 0 CRA BOARD MEETING OF: January 18, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.C. SUBJECT: The MLK Celebration of Unity Recap SUMMARY: EVENT RECAP On Saturday, January 6, 2018, the Boynton Beach CRA hosted the 3rd Annual MLK Celebration of Unity at the the Carolyn Sims Center, from 1:00 PM until 5:00 PM. Event details are listed below: • Event attendance was approximately 125 people. • 24 feedback surveys were collected from attendees. • Estimated amount expended $16,035. • Guest speakers included: Mayor Grant and Bishop Donald Kelly, from the Church of Latter- day Saints, located at 1480 Knuth Road, Boynton Beach, FL 33436 • Live music from the Valerie Tyson Band and Artikal Sound System. • Food and beverages from KP Concessions, Island Buzz, Guaca-Go, and Boardwalk Italian Ice and Creamery. • A community information tent was made available for local organizations to distribute informational materials to the event attendees. The Heart of Boynton Beach Committee took advantage of the opportunity to engage with the community via the tent. • A variety of children's activities such as: face painters, balloon artists, a glitter tattoo artist, bounce house, game trailer, and a giant inflatable obstacle course. EVENT MARKETING Posters & Postcards MILK Celebration of Unity- 5,000 postcards and 75 posters were designed, printed and delivered to businesses in the CRA district, local churches and city buildings. $400.00 (Exhibit A) Street Signs MILK - Signage was installed in nine locations from east to west in Boynton Beach to let the community know of the Celebration of Unity event. $2,810.00 total for the sign contract (Exhibit B) MLK Streetlight Banners - Banners were printed and installed on Federal Highway, Boynton Beach Boulevard, Seacrest Boulevard, and Ocean Avenue. In addition, CRA Cultural District banners were installed on E. Ocean Avenue. $9,985.00 (Exhibit C) New Times — The New Times ad campaign ran two weeks before the MLK Celebration of Unity event with a digital presence on the New Times website http://www.browardpalmbeach.com/, and email newsletter blast delivered to 15,181 emails. $755.00 (Exhibit D) 195 Billboards (MLK) -The billboard located on Gateway & 1-95 displayed the Holiday Boat Parade at the end of November and beginning of December. $225.00 (Exhibit E) Catch Boynton Blog - A blog is a website that combines text, images, and links to serve as a social networking service. The CRA blog can be found at catchboynton.wordpress.com. The "Catch Boynton" blog focuses on news worthy events happening in Boynton Beach. By blogging, we can reach a more diverse audience to encourage and inform them about Boynton Beach and all that the City of Boynton Beach has to offer. Follow catchboynton.wordpress.com for updates covering a various scope of things to do around the city. The month of December featured The 46th Annual Holiday Boat Parade and 31d Annual MLK Celebration of Unity. (Exhibit F) 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 the MLK Celebration of Unity with an editorial. Neighborhood News also featured the event on their website and Facebook page that has 857 followers. $615.00 (Exhibit G) Delray Beach Newspaper - A full-page ad for the MLK Celebration of Unity event was featured in the January issue of the Delray Newspaper. The newspaper reaches over 15,000 direct online readers, a circulation of 12,000 papers distributed to 250 locations in Palm Beach County as well as copies mailed directly to over 2,000 homes. $975.00 (Exhibit H) Social Media Campaign & Email Blasts - CRA staff established a strong social media campaign on Facebook, Twitter, and Instagram. The goal was to keep the community engaged and informed about the events in December and beginning of January. (Exhibit 1) FISCAL IMPACT: FY 2017-18 Project Fund, line item 02-58500-480 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Exhibits A -H M LK D Exhibit I (Social Media) Exhibit A Front postcard Back Postcard Poster Exhibit B signage Exhibit C Banners Exhibit D New Times Exhibit D New Times Exhibit D New Times Exhibit E Billboard Exhibit F Blog Exhibit G Neighborhood News Agenda Item -January MLK Celebration of Unity Exhibit: I Social media Posts Boynton Beach CRA -)t" _'( I � � -, 3� "I 1 1 Bring the entire family out for a day of unity, as we celet)rate the vision, life, and legacy of Dr. Martin Luther King Jr. #Unlly AvILK _--reel'un -146BCRA Bovnton Beach CRA Learn More AL 1 820 >�rpie reached (DO (.,on,� 17 F jib Like COMOTrent k,> Share Performance for Your Post 1,820:,eopl, 57 52 5 2 2 0 Co 17 17 0 84 42 5 37 NEGATNE FEEDBACK 2! 1,1, 'u'd 0 I Ah i-, Post Details Boynton Beach CRA U,-rbot 2, "ji 3 "y!:,m 0 Celebrate the New Year by honoring Dr. Martin Luther King Jr at the Carolyn Sims enter -225 NW 12th Ave. in BoVnto,n Beach HLK #Celebralle 4Urdly �-BBCRA A 1 r 2 pGGO, reached -!2 Like Coinnient p-,> Shape Performance for Your Post 1,823 97 83 80 3 i 41 1 1 0 W H11"011-11 "A' 0 0 0 - CA 12 12 0 26 10 0 16 ""s -Mg All'k; NEGATIVE FEEDBACK 0 H�- 0 0 EX) n wr. pa,,, I3;#23 P, 3 Post Details Boynton Beach CRA Celebrate MILK A this Sat urdav at the Card vn Sims Center -225 NW 12th Ave in Boynton Beach Trom 1' PLI This FREE event features live music, 'kids activities fraud. and morel #MIX O{Jrrity #BBCR, Bci�-nton Beach CR -A Learn More 131 1114, t; pp reacher ��1N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\11N\ e M f �'=I st3 y _n, 17 cmler;- F, -'S h"Ie:z, l Like ( Commenr Share 1,114 2 . ,..., 2D 19 1 On 0 0 C%+ ! xl, 0 "7) f 31. 's 6 5 1 14 7 0 7 NEGATIVE FEEDBACK 0 I -R I D i g s, Blog Post Post Details Boynton Beach CRA Celebrate MILK jr-1 Check out this article to get all the details about this Free event! 46BCRA unity #IILK #Nev,Rear 3rd Annual MLK Celebration of Uni-h- The 3rd Annual Boynton Reacn NILK Celebration of Unity Boynton Beech, FL sDecennbei-29, 2017',,— On Saturday, January 6, 2018;,the Boynton Beach Community Redeveloprnenx Agency (CRA) will host the 3rd A— ("Cr- 'SG WI "M L edrn M ore AL T 837 reopte reached (D i i a f e Like Cornment Share Performance for Your Post 1,837 12 11 10 1 1, 'M S 0 0 0 "O111Z, 1 1 0 r.5, 1-1 ta, r F 30 0 26 4 NEGATIVE FEEDBACK Email Blasts Sender Property: Boynton Beach CRA c5nAt3 cuffey-F@bbfl.us, Subject: MLK Celebradon of Unity 11 0 11 13 1— The Boynton Beach CRA celebrates MLK Jr. January 6th at the Carolyn Sims Center -225 NW 12th Ave. in Boynton Beach from 1-5 PM. Don't miss your chance to commemorate the vision, Life and Legacy of MLK Jr. This Free event will have Live music, food, drinks, Kids activities, bounce house, obstacLe course, speciaL guest speeches and special performances. For questions call 561-600-9093 Track 1100 Email Message SLK Celebration ofUnity r115 K Ceecratlo," ot Jn,,,� D�oQmbee 27,-201 -, 15,54 PM Coapie tcd i n 16 spconjs) Email Impact Device Usage () ... . ..... .. . ................................ NOW290-pe,,s 232 :on€acts sma-llvlcile ............... Emil" 2-1 cmtacts CnrrpHl�i a n-, -------- ------------------------------ 1 1 -q 3 cont acts --------------------------- - ............... Social Engagement 0 01411 0 cantacla 0 twp, s 0 II2 Celebrate the New Year with the entire farnity by honoring MLK Jr, at the Carotyn Sims Center -225 NW 12th Ave. in Boynton Beach. MMl IM I 11 JANUARY6TH 0 CELEBRATION OF UNITY - I - 5 PM Track My Email Message FREE Evert Celebration of Unity -7- -nt C& eb ,w�je,ci FREE Evf , mton if -Pi tv Decarroer 20, 20 7 S: I -,, 34 PM tCcmpla`-ql if) 52 secona&, Email Impact Device Usage 0 j 31 S cow a as Smartph,,re 5BI, -V'4 uens TAbIPT, MIMI t MIMI Social Engagement 0 0 11a R confacl�, 1 0 dicks, i cc-'erl CRA BOARD MEETING OF: January 18, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.11). SUBJECT: Marketing and Business Development Campaign SUMMARY: Neighborhood News - Working with Neighborhood News to reach out to the western Boynton communities, this marketing strategy will continue to promote downtown Boynton Beach and the CRA District businesses. The December ad featured the Holiday Boat Parade with an editorial. Neighborhood News also featured the event on their Facebook page with 857 followers and website. $615.00 (Exhibit A) Billboard -The billboard located at Gateway & 1-95 displayed the Holiday Boat Parade at the end of November and beginning of December. $225.00 (Exhibit B) Delray Beach Newspaper- A full-page ad for the Boynton Beach & Delray Beach Holiday Boat Parade was featured in the December's issue of the Delray Newspaper. The newspaper reaches over 15,000 direct online readers, a circulation of 12,000 papers distributed to 250 locations in Palm Beach County, as well as copies mailed directly to over 2,000 homes. $975.00 (Exhibit C) Coastal Star - The Coastal Star serves the eastern community of Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and coastal Delray which reaches out to that specific demographic. The Boynton Beach & Delray Beach Holiday Boat Parade ad appeared in the northern addition and also as a bonus in the Southern addition, which covers Boca Raton and Highland Beach. $525.00 (Exhibit D) Gateway Gazette - As part of the ongoing marketing efforts to showcase Boynton Beach and the CRA District as a destination, the CRA staff allocated funds in the budget for a full page in the Gateway Gazette formally known as the Boynton Forum serving Boynton Beach, Lantana, Hypoluxo, Atlantis, South Palm Beach, Manalapan, Ocean Ridge, and Briny Breezes. The ad was featured online at www.sun-sentinel.com/community/gateway-gazette/. Every month the ad has a different theme to support the overall mission to promote downtown Boynton Beach. The December ad highlighted the Boynton Beach & Delray Beach Holiday Boat Parade. $429.00 (Exhibit E) Boynton Harbor Marina & Fuel Dock Marketing Campaign - Marina Life Magazine campaign featuring Boynton Beach Enjoy the Coastal Life displaying a fishing shot of a swordfish. This campaign consists of four different quarter page ads in the Marina Life Magazine Winter, Spring, Summer, and Fall issues. The campaign also includes newsletter promotions, banner advertising placement on the Marina Life website, social media promotion, and email alert promotions. This publication connects boaters with marinas. $ 2,399.88 (Exhibit F) Coastal Angler — An ad in the Coastal Angler Magazine featuring the Boynton Beach & Delray Beach Holiday Boat Parade "Celebrate the Holiday Spirit Florida Style". Coastal Angler Magazine is aresource for anglers, boaters, and conservationists and is the second largest free outdoor publication in the nation. $445.00 (Exhibit G) Discover the Palm Beaches - A full-page ad was created and placed in the Official Visitor's Guide 2018 booklet and will be mailed to select homes, distributed to the major hotels in Palm Beach County, newsstands, shopping centers, and highway rest stops throughout the state. This booklet will be in circulation for 2018. $2,980.00 (Exhibit H) Boynton Harbor Marina Banners- Way -finding and street banners assist the public in differentiating unique areas that mark a district and to add color to the City's streetscape. Marina banners were printed and installed on the E. Ocean Avenue bridge and streets within the marina area. $7,484.00 (Exhibit 1) Movies in the Park Video Ad Campaign — CRA staff developed the Movies in the Park Video Business Ad Campaign to promote CRA District businesses to the community as part of an economic development initiative to encourage growth and development in downtown Boynton Beach. Professional video ads are created featuring five area businesses in two -minute videos shown as an introduction to the monthly movie and finish with a drawing of gift certificates from the businesses that were featured. $14,350.00 (Exhibit J) Catch Boynton Blog - A blog is a website that combines text, images, and links to serve as a social networking service. The CRA blog can be found at catchboynton.wordpress.com. The "Catch Boynton" blog focuses on news worthy events happening in Boynton Beach. By blogging, we can reach a more diverse audience to encourage and inform them about Boynton Beach and all that the City of Boynton Beach has to offer. Follow catchboynton.wordpress.com for updates covering a various scope of things to do around the city. The month of December featured The 46th Annual Holiday Boat Parade and 31d Annual MLK Celebration of Unity. (Exhibit K) Social Media Campaign & Email Blasts - The CRA staff has established a strong social media campaign presence on Facebook, Twitter and I nstagram. The goal is to keep the community engaged and informed about the events in December and beginning of January. (Exhibit L) FISCAL IMPACT: FY2017-2018 Budget, Line Item 02-58400-445 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Implementation Guide (pages 128 - 131) CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description Exhibits A -K Exhibit L- Social Media Exhibit A Neighborhood News OHIO [i:3 Exhibit C 0MemaC Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I 3ovntc arDC F I Exhibit J T �� sP� � v�, 0117[i:/ 4� aa�s `� ,� �� tjt�, t, �1� �2 4 `fi wdlmz n��x.�� ifU Catch a Memory Your Family Will Always Remember x 0� �- .. r x`` MMM M 7 III. 'CI tl - s v . x 0� �- .. r x`` MMM M 7 III. 'CI Exhibit L December 2017 Social Media Ad Campaigns Movies in the Park December 1 Mr. Popper's Penguins Facebook Cover I FB Post ad Post D.Wft B.yril- Beach CRA Bring the ent're family tohlovids nlMd Park MIS Friday at Pid nor FREE _ve_ Becemberlslelffl---l- 129LOC88OAVO. MOCRA AL meshed Ljkr 7,1 C.r-11, 5 511— FB Post Ad Decembei- 1st 7:00 pin 129 East Ocean Ave. 280 4 2 2 4 D 4 0 D 7 0 0 0 BoynEon EeacM1 CftA. tdovies ir, the Pancst— ie e5 minutest rorvt mss -t on tnr. Poppers Pengutmse 129 E. pcean Al, AL --d _ d3 u�� U canrmenE p shy:� _ Holiday Tree Lighting December 2nd Facebook post ad Post Details Boynton Beach CRP. Have a magical night l,Rh the entire family en Beeetra4er 2nd at the 471n Annual Boynton Beach Holiday Tree Lighting & Concert. This free event laKes place at the Ocean Avenue ArnphltheaSer-129 E. Ocean avenue at 530 Pill fellawing the Hci;day Parade at g PIv1. 'BBCRA P'Bo n,cn&each 2r H�dliday? reeLiant€ng LoveFL L 1330 p—,;.. reached SSh—, q 1,330 117 ,;v 99 12 77 15 313 1 0 1 1 0 1 9 2 4 4 3 1 135 25 0 110 Facebook Post ad eaynton ee.eh CRA ... 5r ng the whale €-0y -i to see Santa at the 471 Anndel Holiday Tree Lighting S Concert D—rhder 2nd, at 5:30 pm `located it 123 E. n,— A- sn l3cyntan Beach' BBCRA RB T—Lighfing JA s f .'–rea hed Facebook Post ad 3,274 229;-,, 176 153 13 14 11 1 Q 1 2 0 5 4 -t 1 37 37 0 3 5 70 . 4 15 1 54 NEGATIVE FEEQSACK 5 0 74 1 0 . 0 �.._ Performance for Your Post 6oyntoa Beach CRA - ne 522 Onuy 5 days !eh unhi fhe Holiday Tree Dghting & Concert on December 2nd, 5 3 Pfd a1 the Ocean Avenue AmpRltfiealre-125 E. On— Avenue. 42 ., BSTGee' llriln. AL :�_ ,-axle veeched _ 00 31 17 14 z 2 0 3 0 3 5 2 4 5 0 74 1 0 r. t 0 li Holiday Boat Parade December Stn Facebook Post ad SaYhtcl Beach CRA CALLINGALL CAPTAINSI Decefate, your bat and enter the 46th Annual Ltoj,day Boat Parade hot a chance to w cash! Visit Catch eojh— com faY mer, in 'Ohnation or email Hussaina@bbfl US DelrayBeach Paras Recreation Cliy of R.y,h,, Ra,h G—L—h, 4,816 , -, � 282 -- 211 trf , , , 1 , 143 116 7 2 111 2 5" 3 20 17 0 6 W A1,4 4 c, a 2 1 A 1 0 20 to IQ 33 32 1 142 44 3 95 ........ ........ 9 Hi 0 Beach CRA Ha—Mann. 735-1-11-d D .... m8th at 6 p"' PS DO,'d forget . a-ing n pi,,n D,I,a, a— 1 —1, B - R- 00-Y Facebook Post ad 3,329 282 -- 200 172 28 111 2 20 17 0 4,! 144 21 2 o 49 1 o o a Boynton BeaCh CRA Planning a party on the Iatracoastal during tate Baynton Beacn 8 Delray eeadn Holida, seat'araoe9 Have yourguests berg a toy far Toys lar -Tots, and flash l burbashllg Iris as the boat parade goes d?' gar I.MeaTov, fo pick up Y, our toys from year deck. #t SC RA QBE 7 E E ea;Parad'c:. AL i macn,d "1d11t4Yd1 1; W Like Shn¢e Boat parade Blog Boynton Beach ORA 1,682 114 77 71 6 79 6 5 5 4 1 17 17 0 6J 7 0 so Are you ready for the 46th Annual Boynton Beach & Delray Beach Holiday Boat Parade's On Friday, Decetnbes 9th, startling at 6:301 pm, boats decked out with dazzhirg lights, holiday decor and costumed captains will take to the water to compete in out modest. yet vvildly popular boat parade. South Floridians are known for having fun tri. the mater. so d , no surprise. that Inns is an event that many locals Book fopward 90 all year. [ 52.0 more words. ] http� tcatchbuynwin vxrdpress rt 9'_ Ut 16th annr w holld_.d The 46th Annual Holiday Boat Parade Are you ready tar the 46th Annual Boynton Beach & Delray Beach Holiday Boal Parade? On Friday, December art. starting at 6 K pian, boats decked out with dazzling lights, hol"r.day dacsr, and costo_. A i1 peopig.reached if) Like F_l Comment yz' Share 3,648 •,: cf;h 68 88 5 24 4 0 4 C'n t ., . 20 2 21 8 3 5 299 0 47 252 Music on the Rocks December 15th Music Schedule Post Details Boynton Beach CRA lAsoora the Rocks event schedule for the rest oTthe season rsnnally here! -F�teEveW� lJosicorMeRecks *ROCE -SBCR-' All. 521 ,b Like CD C—,.—m (,'✓ Share Facebook cover Performance for Your Post 521 17- ll9 2 Cis S, Cis 0 0 0 C11 q��a�7 Facebook post ad Baynton Beach CRA ... Lake Rack n' Rail? Deme jam out this Erelay with Rogue TMeer, 3.and at the Ocean Avenue Ampmtneatfe-129 E Ocean Ave_ at 6 Pk,1. # blusicantheRacks #53CRA. -Racy, ROGUE THEORY BAND -MOON SONG 2/3 (B'alcoriyT` ) ROGUE THEORY BAND pertorrns the song' MOON SONG M to, BalconyTV S&—,de to w—ghi now' at Nip f`b i lyN W14-'Uk.s on Faeebaok-. . Leant Mo. A s: p,{— reached 0 L kn (::) Corns- v Sham Facebook post ad Boynton Beach CRA Came tothe Ocean Avenue Amphitheatre for nappy hour this Fndda and see Rocue, he— Bard e � It ,cod,h o,k—,BBCr A—VeLIusl[ 1L -t2 pea>Pl=s—h.d _ 01j ukE ] C—.-, ',,, snare 5 3 2 Performance for Your Post 212 1 7 0 0 0 0 0 0 0 3,. 0 0 3 Movies in the Park January 5th Movies Schedule 2ost Details Boynton Beach CRA ... Finally' Here is the Moves in the Park schedule for the rest of rhe seasohl January 5th is Spider-1vain Homecoming' —I'ER—CPA --FreEEvenl ,MoviesirilnePark AL LS?, rc.)Ple reached j:j Like � Comment P Share Facebook Cover Performance for Your Post 3 2 1 1 0 1 0 0 0 3 1 2 5 0 11 I is KI, NEGATEVE FEEDBACK 0 0 M', Facebook post ad Boynton B-11 CRA Neil but at Movies in Me Park on January 5M as feature Spli'. Hrameco—gi First 100 g—ts;eceive Tree popcam entry G5 freeand time spent with your Family_.. priceless_ Don't miss this event located at 129 E. Ocean Ave. soBoyater Beach starting at 7 Pt A. =1vin iiesintheParic aFamilh -reeF �nf nnoCl2k. Bagvton Beach CRA €��ra reorE tt r reached ..,JAhh1SSU�ISS.��.s4'k,@�Hl�S1SFsi3Si:.S�@�4QN45t 1 I kc Can,.— $hare ..... Facebook post ad Post Details Performance for Your Post 2,681 83 55 48 7 r?1 13 5 4 15 75 0 72 , 11 3 58 Performance for Your Post Boynton Beach CRA ..... , 1:, "ir,0 1,464 Who S yuErr Tavohle Klarvel supe; here 61ayhe watching Spider -Man Homecoming on the big screen for FREE will help you join TTeairaprIeY 48 l I.' , #LoslesinnePark Freenveni ,Bc3rilon.Seach.#13ECRA $ t oaacheh '.;.lS1�tI'�!}X1liSt9}�Cll1't�11P@FA1Cl4}'1111'f�i1119}�Cll1't�11P@FA1Cl4}'llt� If# Eike (-j C.uh h n[ g> Share .... ,. 34 33 1 , Facebook post ad most Details Boynton Beach CRA 0 Cejecrale',A,inter" Florida style at -4 dovesvnel torrcfrooe nignti -,E,BC'-A -PLDVc.FL FSPIWrMafl -Hntcocoa Boynton Beach CR.A L—n M— I& Like Cj Ca a -I Sh— Performance for Your Post 2,261 14 55 is 1 a 1 14 13 1 15 i5 0 I- r�il 72: 26 1 45 NEIATlVE FEEDBACK 0 MLK Celebration of Unity January 6th Facebook cover Facebook post ad Boynton Beach CRA Bring the entire family out for a day oluri as vee celebrate Une vision, We, and legacy uf Dr t1artin Luffier King JF *IdLK I—FrceFdfl -4EBCRA Bovnton Beach CRA Learn More AL i «r! reached 00 16 Like g Comincrit ,> Shire Facebook post ad Performance for Your Post 1,820 84 57 52 5 0 C"ll � -, f r z 2 0 17 17 0 84 42 5 37 NEGATIVE FEEDBACX -4, Post Details Sopton Beach CRA Celebrate the Never Year by honoring ➢r. Diann Luther King Jr. at the Carolyn Sims CeMer-22c. NW 12M Ave. in 3oyn.cn Seach. #NI LK Fve=.ebn,ie ,L) h =SSCRA 21 t react3 d Line L C.p,r—." -> share _ T Facebook post ad Post Details Performance for Your Post 1,823 97 .. . $3 @0 3 1 i 0 1 f 4 0 0 0 12 12 0 26 s.. _.. i0 0 1a NEGATNE FEEDBACK 0 0 Boynton Beach CRA Celedrate MLK Jr this Sa8nrday at the Caroiyn Sims Center -22:5 AW 12th Ave In Foy=ntan Beach from 1-5 PM This FRET event features live music, kids activities, food, and more! 41,11K EFUnitt FSBCRA Boi Beach CR -A ean, ware ,AL i I f pt -o-- reached L(�tl6tlll� ......... . .l aSddr: ,'v a ner' a ., '} Like Q Cenumn€ Shave ..... Performance for Your Post 1,114 fi:,l � r ei3 20 1s 1 M LK Blog Post Details Boynton Beach CRA .... Celebrate h1LK.tr I Check out this artlic3e to get all the details about this Free event' -BCCRA aunitti 401K #News ear 3rd Annual 7,ILk Celebration of Unit The 3rd ,Arnual Boynton Beam MLK. Celebration of Unity Boonton Bsach, FL (Cate M 29. 201 P;— 6n S,aturda� denuary 6 2018 the Boyn€nn R—n Community q develnp—l,Rgenc,= (CRA) Ml host the 3rd A... Learn M— IL cols :reached Like �J C. -O y;7 Share CRA BOARD MEETING OF: January 18, 2018 INFORMATION ONLY AGENDAITEM: 8.A. SUBJECT: Public Comment Log SUMMARY: See attachment. CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Attachment I - Public Comment Log D Claudia Vance Email D Lulu DaCamara Email t ( ( r s t 2: 1 I 5 t � { 1 � tf r1 � S S 2 1 ! �S2 Om J N L c L O _4. O L E Co S OAm. L O O cC c m Z G: o V E o i i (a L mo U W ��a..yy% E 0 0 1 •y O 0— �� mo z :i 1 a: L O ++ 4—N 0 .N m M M ++ ai .0 N ; From: Claudia Vance <vanceval@att.net> Sent: Tuesday, December 19, 2017 6:53 PM To: Utterback, Theresa Subject: Happy Holidays Hi Theresa Thank you for the happy thoughts. Jesse and I also find it a pleasure working with you and the City of Boynton Beach. It is rare to see a city so organized and forward moving. Some have plans, but get bogged down in the execution; some don't seem to have a coherent plan. Each time we visit the city, the progress is noticeable. Soon Boynton Beach will undergo a major transformation. All the best for the new year! Claudia file:///TI/ADMINISTRATIVE/CRA%2000MMENT%20LOG12017/Vance%20Appraisers%20-%20email%20Happy%20Holidays.txt[1/8/2018 1:12:37 PM] Nicklien, Bonnie From: Nicklien, Bonnie Sent: Friday, January 12, 2018 12:45 PM To: Nicklien, Bonnie Subject: FW: Keeping Boynton Clean & Desirable to Developers! Bonnie Nicklien ,dniinistrati °e Services & Grant Manager Boynton Beach Con-m-wnity Rede °elr: pn—,ient Agency 10 N. Federal Hwy. I Boynton Beach, Florida 33435 561-600-9090 1 16, 561-737-3258 (� Nicl<lienB@bbfl.us l..ittp. at liboynton. o n"i r America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to nie via enIail n-,Iay be subject to disclosure. Under, Florida records law, en -,,ail addresses are public records. Therefore, your, e -n -,,ail on-m-wni ation and your, e-mail address may be subject to public disclosure. From: secretary@incaviews.com [mailto:secretary incaviews.com] Sent: Friday, January 5, 2018 2:03 PM To: Grant, Steven <GrantSC bbfl.us> Cc: McCray, Mack < cCray bbfl.us>; Katz, Justin <KatzJrC bbfl.us>; Casello, Joseph <CaselloJC bbfl.us>; Romelus, Christina <RomelusCC bbfl.us>; LaVerriere, Lori <LaVerriereLC bbfl.us>; Simon, Michael <Simon C bbfl.us> Subject: Keeping Boynton Clean & Desirable to Developers! Hi Mayor Grant, I recently saw your interview on TV regarding the vacant land parcels on MLK Boulevard and the trash thereon. It is so disappointing, disgusting, etc. that that is happening in our City. I applaud you for attempting to remedy a long-running problem. I cannot fathom people sticking their heads in the sand and ignoring what is happening around thein. It has been my experience that once a piece of trash hits the dirt it is not long that others follow. In other words, I feel if we can keep properties cleaned up, they will tend to stay cleaned up. I really think we need to do this as a community. It is not only MLK Boulevard. I recently had to take my car in for service to Goodyear/Easy Pay Tire Store and walked back home. On the way, I saw way too much garbage on the sidewalk, under/over the hedges, etc. Too gross! I also can see an initial perception as being a deterent to a potential investor. Who would want to invest in an area that is undesirable due to trash, etc.? We have a unique, wonderful City; and I am proud to have been a resident of Boynton for a half century! I hope the Commissioners and City will keep all residents in mind when snaking their decisions/votes. Best regards, Lulu Lulu DaCamara INCA Secretary (836 East Drive, Boynton) CRA BOARD MEETING OF: January 18, 2018 INFORMATION ONLY AGENDAITEM: 8.13. SUBJECT: Public Relations Articles Associated with the BBC RA SUMMARY: Retire Magazine Article: Features the tropical lifestyle that Boynton Beach has to offer, highlighting the updated Boynton Harbor Marina, pristine beaches, local restaurants and golf resorts. FRA Spotlight Article: "Shout -out" article to the Boynton Beach CRA and its award for the 2017 Outstanding New Building Project for 500 Ocean. Sun Sentinel Article: Opinion Article written by CRA Executive Director, Michael Simon, discussing the vital role CRA's play in the redevelopment of a community. Coastal Star Article: Discusses how urban development is changing the face of Boynton Beach CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Retire Magazine Article D FRA Spotlight Article Sun Sentinel Article D Coastal Star Article Maryland'sFinancial Consultant: Has 'Breathtaking'Views Navigating t '0" F"), All The Authority on Retirement Relocation low SkiingResort "i Grace Sandpoint January/February 2018 YTEACH, FL Once a major grower of tomatoes and pineapples, this heavenly spot 60 miles north of Miami now supplies retirees with coastal beauty, an updated marina and award-winning fishing. > BY ALAN MACHER A L GA OYNTON BEACH, in southeastern Florida on the Atlantic coast, may lack the glitz and glamour of its Palm Beach County neighbors — upper -crust Palm Beach to the north and jet -setting Boca Raton to the south — but res- idents like it just the way it is, more affordable and more rehLud;'says Mayor Steven B. Grant. Boynton Beach today really is two communities in one: the incorporated city; mitending along the Intracoastal Waterway, and the unincorporated areas to the west, where some 30 active -adult communities have sprung up from farmlands in recent years. Grant points to a tropical lifestyle that includes attractions such as Ocean Inlet Park and other nearby beaches, ne'arly 40 municipal— parks and recreation centers and the city's own municipal golf course, The Links at Boynton Beach. The completion of the Boynton Harbor Marina redevelopment project in 2017 was a major boost for the city, the mayor says. "We anticipate this will become one of the best places in South Florida for boating, fishing and diving. ' The marina!s new look complements the town�s motto: Arnerias Gateway to the Guffitream. Boynton Beach is one of the locations. closest to the Gulf Stream, a warm and swift Atlantic Ocean current that attracts some of the finest fishing in the region. 1he ar&s natural beauty lured Nathan Boynton, a Michigan businessman who first set eyes on the region in 1894. Boynton soon built a 11ont hotel, and the city that bears his name was incorporated in 1920, During its early years, Boynton Beach was a major producer of Vm--Mes and pmeap- ples. Although average temperatures vary from the high 60s in winter and the low 80s in the summer, humidity remains fairly constant. RainM is higher than the national average, R'. t the compensation is absolutely no snow. Marcia and Michael Finkdstein are delight- ed with their new resi- dence in Valencia Cove, a 55 -plus development 10 miles inland from Boynton Beach. The resort -style community has so many activities that they and their friends have dubbed it Camp Cove. nce Valencia Cove has more than 100 dubs, along with a variety of shows and The sunset over the lake is spectacular." 98 Where to Retire BOYNTON BFACH, FL Population: 75,569 in Baynton Beach and Beaches' Academy of Continuing Education in from the 155 -bed Cleveland Clinic Florida near 1,443,810 in Palm Beach County Boynton Beach offers classes in spring, fall Fort Lauderdale to Miami's Bascom Palmer Location: Boynton Beach is in southeastern and winter: The annual fee for all courses is Eye Institute. Florida on the Atlantic coast, 60 miles north $120 for JCC members and $299 for nonmem- Housing: Boynton Beach has a significant of Miami and 190 miles southeast of Orlando bers Categories include arts, health, Jewish supply of existing homes and new properties Interstate 95 and Florida's Turnpike are major culture and literature in a range of prices, says Quentin Goldblatt, north -south routes Transportation: Boynton Beach residents an agent with Century 21 Tenace Realty. GL Climate: have the convenience of two nearby airports, Homes has two 55 -plus ;communities in January High 75`/ Low 57° Palm Beach International, served by 12 Boynton Beach; Valencia Cm and the July: High 90°/ Low 76° airlines, and Fort Lauderdale-Hol"ood newer ValencA few homes are avail - Average relative humidity: 72% International, with service to 140 U.S cities able in Valencia Cove, with prices starting in Rain: 62 inches annually plus international destinations, lir addition, the $570,000s, and new models start in the Snow. None Miami International Airport has 169 nonstop $500,000s at Valencia Bay Both feature spa - Cost of living: Above average flights across the United States, Europe, the cious recreation centers and clubhouses with Housing cost; The median sales price of Caribbean and more Tri -Rail's Boynton Beach resortlike amenities, GLHomes.com Lennar homes in Boynton Beach was $234;000 from commuter train station provides service to has two-story townhouse, designs at Cambria January through August, according ;to the Miami, Forte Lauderdale and Test Palm Beach, Pm,'with prices starting at $329,990_ Extras Realtors Association of the Palm Beaches along with other locations in South Florida include a pool with a gazebo and park, Sales tax: 7% Riders 65 and older receive a 50 percent Lennar.com CalAtlantic Homes has single - Sales tax exemptions: Groceries, prescnp- discount ArntraKs Silver Service -Palmetto family residences in the 2BB-home Pallm tions and over-the-counter medicines route between New York City and Miami stops 1111111londom community, with prices starting State income tax: None at ]Nest Palm Beach; Bus service throughout at $474,990, CalAtlanticHomes.com, Recent Estate tax; None the county is operated by Palm Tran. listings in Aberdeen include a two-bedroom, Inheritance taco None two -bath condo for $80,000 and a two-bed- Property wo-bed- Pro a tax: The rate in Beach „` �'' s{�� 3 ' 5 room, two -bath' home in Aberdeen o and �p nY � t � , is $213531 per $1,000 of assessed value, �i :' , .} Country Club for $159,500 A three-bedroom i with, homes assessed at 100% of market � two -bath lakefront home in Valencia lakes value Yearly taxes on a $$234,000 home � �� +t' , '�.' ` ` ' ' sold for $319,000, and a tvvo-bedroom two - would be about $4,098 with the first two . bath condo with waterway views at Manna exemptions below t iVi lloge went for $299,000_ Athree-bedroom, Homestead exemptions: There is a home . NF 1 ry � ' `� three -hath home in the gated Cernyon stead exemption of $25,000 off assessed value t Springs listed for $445,000 Contact real f for permanent residents who own and five an " �� 7 �� ,� estate agents for resales„ Rentals: Rental the property Jan 1 of the tax year An add,- ., ' �'�° a', ' options are plentiful in the area, including High tional exemption al lows up to $25,000 off "` A �` � i„ ,u�a '� Ridge Landing, a new 184 -unit property with a assessed value for local and municipal taxes, two-bedroom apartment starting at $1,530 a but not school taxes, applying to homes month, and Stoneybrook Apartment Hames, a assessed at $50,000 and above. A senior a gated neighborhood with two-bedroom units 00 exemption is available for those 65 and older �� : , ; _ " from $1,526, The 500 Ocean Apartments, a �: whose household income meets state restric- peep -sea fishermen trail for marlin, resort-styie complex, has 340 two-bedroom, I tions, set at $28,841 in 2017 and adjusted often found in the Gulf Stream. two -bath units from $1,825. Recent listings for annually; its up to $50,000 off assessed value rental homes included townhouses beginning for city and county taxes around $1,300 and three-bedroom, tvvo-bath I Personal property tax: An annual vehicle houses from $1`,700 registration fee ranges from $14.50 to $32.50, Walk Score. Boynton Beach has an overall Visitor lodging: Sun Dek Beach House, with depending on the weight of the vehicle walkability rating of 36 out of 100, or "car 17 rooms, is convenient to the surf and town, Religion: Boynton Beach is home to more dependent," according to WalkScore_com from $120, SunDekBeachHouse com Some than 40 churches representing most Christian Neighborhoods will vary 10 miles north of Boynton Beach is the Mango denominations Several synagogues and a Health care: Bethesda Health Inc operates Inn Bed -and -Breakfast in Lake Worth, in a i mosque also are here two medical centers in Boynton Beach the 1915 historic home with 11 units, from $117, Education: The Osher Lifelong Learning 401 -bed Bethesda Hospital East and its Mangolnn com The 164 -room Hampton Inn Institute at Florida Atlantic University's Boca newest facility, the 80 -bed Bethesda Hospitaland Suites Boynton Beach is located off ; Raton campus is popular with southern county West The nonprofit Bethesda Health has a 1-95, from $90, Hamptonlnn3.Hilton.com residents. Courses range from film and music medical staff of 675 and features more than Information: Greater Boynton Beach history to current events in politics With a 40 specialties, including cardiovascular care, Chamber of Commerce, 1880 N Congress $60 annual membership, fees are $50 for a diabetes, cancer, surgery, women's health, Ave., Suite 214, Poynton Beach, FL 33426, four-week course and $100 for eight weeks geriatrics and emergency services Southeast BoyntonBeach org Discover the Palm Mandel' Jewish Community Center of the Palm ern Florida has tap -ranked medical facilities, Beaches, ThePalmBeaches.com w- 102 102 Where to Retire Homes for Sale — - �_ Golf Front, Lakeview, Wooded 800-364-9007 ITIRYL=-- "Mmm engineering department of the ciWs. health and hospitals division. Many couples like Tracey and Andrew f"�uliirty.jj -t -a supervising the remodeling of their for eventual sale. "I'm hoping to find a position here in Florida and work another eight or 10 years," says Tracey� • /. nancal officer for San Francisc(;s health services system and had other CFO positions in California and New York. When Andrew finally retires to F42id-9, ke is 1%&Hag fv.,�wml tf, kis 14- bies, such as brewing beer at home. Tracey and Andrew are engaged and planning their wedding.'We had jwowa menl� Iracey says. ercer mum researm, they ended up in Boynton Beach in the 15k. I a40--h-wilm place they had visited many times. "The bottom line: We didn't find any- thing better that appealed to us," Tracey says. 'We absolutely love Valencia Lakes —all munity, such as water aerobics classes and professional shows. The sunset over the lake is spectacularf A few caveats of living here: Most resi- Iri"r.4vir INoil, I W 111110� s&Nfti tola-6m! who do not feed them. Hurricane destruc6on was back m news in 2017, but analysts believe th Like other communities in Palm Bl e County, Boynton Beach had so .............. b ea he v e 1 B i ad s e 0 th, ing water during and after Hurni _r t o Irma. It was the first hurricane tstr" the area since 2005. w Wilma Pinstein, a real estate agent w SA& F.&jLJL?e'V'aVj tion, but in design. "Buyers are mo dvmoj�iahi she says. "From outdoor amenities su such as fabulous kitchens, buyers finding what they want." As Marcia says, "We purchasled. lifestyle, not just a new home." V Alan Macher is a writer in Venice, FL WRIT9 TO US Email us at Editors@WhereToRetre.com or go to WhweTaRadm.*Dm You also may write to Readers Mailbox, Where to Refire, 5851 San Felipe St., Suite SDO, Houston, TX 77057. LETTERS MAY BE EDITED FOR SPACE - 1 : Y PACE lhttp://files.constantcontact.com/c91 cfb88401/8aO38ca3-2ffa-46b4-9cdd-d2c64b8O4d39.jpg M See below for recent news in Florida redevelopment. Have questions or news worth sharing? Email Carol Westmoreland at cwestmorelandnaflcities.com Redevelopment and the work of CRAs transforms our communities into vibrant places to live and work. Despite the untruths, redevelopment is about the people. We still need representatives from Pensacola, Panama City, Jacksonville, Gainesville and Miami to author an opinion editorial article in your local paper. We will do the leg work, if you will officially submit the article. To make your voice heard and help us protect redevelopment, please contact Carol Westmoreland or Holly Brooks to coordinate your op-ed. The Boynton CRA won the 2017 Outstanding New Building Project for 500 Ocean. The 500 Ocean project - located at the southwest corner of Federal Highway and Ocean Avenue on a 4.8 -acre parcel - is a mixed -used development with 341 residential units, 13,300 square feet of retail and 6, 600 square feet of office space. The project will add approximately 600 residents to the downtown area increasing demand for goods and services. Congratulations, Boynton Beach CRA and keep up the good work! To read more about this program as well as all of the award winners, click here. FRA recently launched the web page for Redevelopment Works! We will be updating this page with new information as session begins and we encourage you to use this page as your main resource for news and tools. To visit the Redevelopment Works web page, click here. FRA members have access to even more resources on the MY -FRA aaaae dedicated to legislative advocacy. P 9 ! " - r= - Reading - Reading and understanding our 2018 Legislative Position Statement as it provides key facts and accurate information regarding CRAs and their work in our communities. 2017 FRA Awards — Florida Redevelopment News Clips (850) 70.1-3608 / (800) 342-8112 Page I of 15 ANNUAL CONFERENCE - EVENTS The 2017 Annual Award winners were announced during the annual conference awards ceremony October 19, 2017 at the Hilton Daytona Beach. We congratulate the 2017 winners and are proud of your dedication to Florida redevelopment. To learn more about this year's winner and projects, please see below as well as download the 2017 Best Book. http://redevelopment.net/2017-fra-awards/ 12/20/2017 2017 FRA Awards — Florida Redevelopment News Clips OUTSTANDING NEW BUILDING PROJE(T Page 11 of 15 500 Ocean, Boynton Beach Community Redevelopment Agency The 500 Ocean project is located at the southwest corner of Federal Highway and Ocean Avenue on a 4.8 -acre parcel. The project is a mixed -used development with 341 residential units, 13,300 square feet of retail and 6, 600 square feet of office space. Located �/2 a mile from the intercostal waterway, the project will add approximately 600 residents to the downtown area increasing demand for goods and services. The project will add life and economic benefit to Ocean Avenue. http://redevelopment.net/2017-fra-awards/ 12/20/2017 IWPAFAKIIVA Don't stop the progress of community redevelopment agencies I Opinion - Sun Sentinel Don't stop the progress of community redevelopment agencies I Opinion Boynton's plan for new downtown, with option of taller buildings, advances. ■ r r With increased buzz surrounding Florida's community redevelopment agencies (CRAB), there has been a considerable amount of misinformation going around. It's time to sift through the untruths and share the facts about CRAB. CRAB are created by local governments to revitalize targeted areas that have been neglected or forgotten. They breathe new life into communities through projects such as roadway improvements, building renovations, business development and property improvement grants, infrastructure improvements and neighborhood parks. No state or federal dollars are spent by CRAs. The agencies are financed through tax increment funding, which , from property value increases in a designated area G EI1"REE G°I)ON14 SI,RI° IR1,L ) t financial reinvestment. http://www.sun-sentinel.com/opinion/commentary/fl-op-viewpoint-cra-changes-florida-legislature-20171220-story.html 1/3 12/21/2017 Don't stop the progress of community redevelopment agencies I Opinion - Sun Sentinel As executive director of the Boynton Beach CRA, I am proud of the way our agency is transforming Boynton Beach for the better. But our city's prosperity is under attack. Proposals in the Florida Legislature aim to enact crippling limitations in an attempt to impede the creation of new CRAB and phase out existing programs. Critics point to a few isolated instances of apparent (or alleged) abuses relating to these programs, which distracts from the big picture of how CRAB are helping improve lives every day. To paraphrase an old saw, a few bad apples should not imply that 224 CRAs in Florida are rotten and need fixing. The Boynton Beach CRA is responsible for the recently completed Boynton Harbor Marina, which gives residents public access to the waterways. It features waterfront dining, public art, a public park and a multitude of water activities from fishing charters to jet-ski rentals. The marina creates an attractive, functional economic driver that encourages tourism and fiscal growth. The Ocean Avenue Amphitheater, financed by the Boynton Beach CRA, hosts ongoing free community events like Movies on the Avenue and the Ocean Avenue Concert Series. The Heart of Boynton development aims to create a model block of single-family homes, streetscapes and utilities along Martin Luther King, Jr. Boulevard and N.W. lith Avenue. Upon completion, 15 homes will be built, creating stability for the neighborhood. The CRA, along with the City of Boynton Beach, is working to address crime through caring and community investment in the Heart of Boynton with the Neighborhood Officer Policing Program. By cultivating personal relationships with foot and bike patrol officers, the community can increase safety while building trust with law enforcement. The Boynton Beach CRA's 500 OCEAN development received statewide recognition from the Florida Redevelopment Association. It will add more than boo new residents to the downtown area, boosting life and economic benefit on Ocean Avenue. CRAB work for Florida's communities. When a CRA uses the tools provided under existing statutory regulations to reinvest and guide revitalization, it provides the building blocks and incentives for other stakeholders to join the process. The end result is a more vibrant, livable and healthy community for all its citizens. Eliminating CRAB will threaten the progress we've made in Boynton Beach and communities across Florida. It is important for everyone to call on our lawmakers and urge them to protect our CRAB, and let them know that redevelopment works. Michael Simon is the executive director of the Boynton Beach CRA. He can be reached at SimonM@bbfl.us. Copyright @ 2017, Sun Sentinel This article is related to: Boynton Beach, Florida Legislature http://www.sun-sentinel.com/opinion/commentary/fl-op-viewpoint-cra-changes-florida-legislature-20171220-story.html 2/3 Boynton Beach: Boynton reaches for the heights - The Coastal Star ...................................................... Search The Coastal Star Search • Sign U • Si n In l • Main • Classifieds • Contact Us • Events • My Page • News • Photos • Talk • Videos • Your Community • All Blog Posts • My Blog • Add Page 1 of 5 . r. ,. i� *e ar Boynton Beach: Boynton reaches for the heights • Posted by Mary Kate Leming on January 3, 2018 at 4:30pm • View Blog Village atmosphere giving way to high-rise future Downtovuns GROWING How urban development is changing the face and pace of our costal cities ■ Second of a three-part series Related stories: Boca Raton's downtown nears limits of city's redevelopment plan, projects underway viewed as last big wave Mao Editor's Note By Jane Smith Folks in Boynton Beach once envisioned their town's future as that of a Florida fishing village with a Caribbean theme. Today, that future is high-rises, condos and apartments. Residents had long favored buildings with a height limit of four stories. The change to allow more height began in the fall of 2015 when a previous City Commission removed two volunteer members from the Community Redevelopment Agency board, allowing the board to consist only of commission members. Then, in August 2016, the newly elected commission approved the CRA's updated plans for the eastern part of Boynton Beach. These plans will shape the city's down -town area for the next 20 years. They call for a wedding -cake tier effect along Ocean Avenue with three stories http://thecoastalstar.com/profiles/blogs/boynton-beach-boynton-reaches-for-the-heights 1/9/2018 Boynton Beach: Boynton reaches for the heights - The Coastal Star Page 2 of 5 nearest the street and the potential to build up to seven stories. They also allow for increased height and density at the foot of the city's two bridges spanning the Intracoastal Waterway. Longtime residents had expressed support for aspects of the plan such as wider sidewalks, shade trees and better lighting. But they did not support the allowable height increases. The most contentious project approved involved the 10 stories and 326 apartments planned for Riverwalk Plaza at Woolbright Road and Federal Highway. Advisory board `disregarded' In addition to the proposed Riverwalk Plaza and the existing One Boynton with nearly 500 apartments at Woolbright and Federal, several apartment projects have been approved near Boynton Beach Boulevard, about a mile north. The Villages at East Ocean located along the FEC railroad tracks has been approved to build 366 apartments, and the Ocean One project east of Federal Highway can add 231 rental units, with both projects topping out at eight stories. They'll join the existing 15 -story Marina Village with 338 condos and Casa Costa with 14 stories and 395 condos. Just one block south, the six -story 500 Ocean project recently received another six months to finish. It will have 341 apartments at its scheduled June 30 completion. "I feel very much like the Riverwalk project was the thumb in the eye," said Hairy Woodworth, 68, former president of the Inlet Communities Association and frequent critic of the growth explosion. At the raucous August 2016 CRA meeting, supporters of the four-story limit packed the room, wearing white shirts and carrying small signs with the numeral 4 in red. When the plans for east Boynton were discussed, Woodworth said his 500 -member group supported everything except the height increases at certain intersections. "Should our community determine the character of our development or let developers determine the character of our community?" he asked. Under the old city plan, Riverwalk Plaza (which includes an abandoned Winn-Dixie grocery store) could have sought four stories for an apartment building. Another three stories would have required a special request to the City Commission. The new plan gives the project 10 stories, which the owners claim they need to rent the upper stories with promises of an ocean view from the west side of the Intracoastal Waterway. "They totally changed the codes, not just for Riverwalk," Woodworth said. "It all started in the fall of 2015 when [the previous commission] booted two citizens off the CRA board." Buck Buchanan remembers that time and also when the city wanted to create a "Floribbean" fishing village theme. He and former Mayor Woodrow Hay were the two citizen CRA board members whom the City Commission removed under the theory that residents want elected officials to make the decisions. But the City Commission then faced an outcry and created a public, seven -member CRA advisory board to appease residents who felt their voices weren't being heard. CRAs exist to reinvigorate areas that have been blighted or neglected by reinvesting tax dollars back into the area. Retired accountant Linda Cross chairs the advisory board. "We spent a lot of time reviewing what got other CRAs into trouble, but the commission disregarded what we presented," Cross said. She believes projects should be customized to Boynton Beach and include more green space and parking garages. "What will we do in 10 years when the sea level rises and we haven't planned for it?" she said. "A median and some little plants are not enough." CRA advisory board member James DeVoursney sees his service as a way to be involved in the process. At times he has been the lone vote for the public on the normally developer -friendly board, such as in July 2016 when he voted against allowing 10 stories at the Woolbright and Federal intersection. Simultaneously, the Riverwalk Plaza owners sought the same height allowance. "I wanted to let them go through the proper channels," DeVoursney said. "It could have been a give-and-take situation, instead of just a give." When the CRA plan came to the commission in August 2016, newly elected Mayor Steven Grant and Commissioner Christina Romelus voted against allowing three extra stories at Woolbright and Federal. They lost the vote to Joe Casello, Justin Katz and Mack McCray, who supported the extra height. Grant, though, supports adding density through an urban -planning concept called transit -oriented development. In Boynton, one goal is getting a commuter train station. "After the Brightline high-speed passenger train comes through [on the FEC tracks], then Tri -Rail Coastal Link will start," Grant said. He'd like to see a station built south of Boynton Beach Boulevard. http://thecoastalstar.com/profiles/blogs/boynton-beach-boynton-reaches-for-the-heights 1/9/2018 Boynton Beach: Boynton reaches for the heights - The Coastal Star Page 3 of 5 "There isn't a magic number of new residents" for getting a Coastal Link stop, said Kim Delaney, strategic development and policy director for the Treasure Coast Regional Planning Council. The number varies by city and, of course, the more residents you have, the better for commuter rail and nearby businesses, she said. Extra density would also allow developers to build more affordable apartments, Grant said. Concern on barrier island Even more residents will come with the Town Square development, a public-private partnership planned for western downtown between Boynton Beach Boulevard on the north and Southeast Second Avenue on the south. It will add about 460 units with an estimated additional 820 residents to an area with roads already congested during the season. Combined with the apartments planned, under construction or already built, that will be an additional 2,134 units with potentially double the residents going over the Ocean Avenue bridge. That increase troubles those who live on the barrier island, particularly the 1,900 residents of Ocean Ridge. They worry about traffic congestion on the bridges across the Intracoastal Waterway, the effects on the beaches and emergency response times. "You can't add that many people and expect response times to stay the same," said Kristine de Haseth, executive director of the Florida Coalition for Preservation, which promotes responsible development. The coalition is hosting meetings for communities on the barrier island to explore options of contracting for emergency services. Building a fixed fire -rescue station on the island failed to attract support because of the cost of fire trucks and land, she said. Boynton Beach, which provides fire -rescue services to Ocean Ridge, has added six people to the staff at Fire Station No. 1, the closest responding station to the north end of Ocean Ridge, said Glenn Joseph, the fire chief. The city also is looking into purchasing traffic signal preemption devices that would turn the lights green in the path of an emergency vehicle, Joseph said. That could help reduce response times, he said. The city's station on South Federal Highway responds to calls to the south part of Ocean Ridge and to Briny Breezes going over the Woolbright Bridge. Because Riverwalk's apartments will vary in size from studios to three-bedroom units, it's feared the bridge could see an impact of an additional 1,460 residents. Ocean Ridge residents also worry about their quality of life with increased traffic to the beaches. "It could have a negative impact," said James Bonfiglio, Ocean Ridge vice mayor. "We'll have to police the traffic to direct them to Boynton's Oceanfront Park and the county's Ocean Inlet Park, keeping them away from the private beaches." Meanwhile, west of the Intracoastal, Woodworth is attending fewer Boynton Beach meetings partly because he is no longer INCA president. http://thecoastalstar.com/profiles/blogs/boynton-beach-boynton-reaches-for-the-heights 1/9/2018 Boynton Beach: Boynton reaches for the heights - The Coastal Star Page 4 of 5 "What's the point of going to the meetings," he said. "Where's the part that the citizens get their say?" Views: 317 Like 0 members like this Share Tweet G+ Like 0 • < Previous Post Comment SOURCE: Gtyof Boynton Beach, Staffgraphk You need to be a member of The Coastal Star to add comments! Join The Coastal Star Welcome to The Coastal Star or Sign In http://thecoastalstar.com/profiles/blogs/boynton-beach-boynton-reaches-for-the-heights 1/9/2018 Boynton Beach: Boynton reaches for the heights - The Coastal Star Page 5 of 5 ©2018 Created by Mary Kate Leming. Powered by_NING Badges Report an Issue Terns of Service Sign in to chat! http://thecoastalstar.com/profiles/blogs/boynton-beach-boynton-reaches-for-the-heights 1/9/2018 CRA BOARD MEETING OF: January 18, 2018 INFORMATION ONLY AGENDAITEM: 8.C. SUBJECT: Project Update on Economic Development Grants SUMMARY: Below is a FY 2017 - 2018 year-to-date synopsis of the Economic Development Grant Program. Attachment I provides a financial breakdown for each grant program. Since October 1, 2017: • Eight businesses have been approved for Economic Development Grants. Of those, four are new businesses to the CRA District and four are existing businesses already located within the CRA District. • The four existing businesses are: o Banana Boat, LLC located at 739 E. Ocean Avenue o FSB Menswear located at 515 E. Ocean Ave o Boynton Stretch Zone located in One Boynton at 311 E. Woolbright Rd. o Boss Taco relocating to 1550 N. Federal Highway • The new businesses are two new restaurants, one industrial/manufacturing, and one retail. o Driftwood (new restaurant in the old Scully's restaurant at 2005 S. Federal Hwy) o That's Amore (new pizzeria located in Casa Costa at 435 N. Federal Hwy) o Home Racer, LLC (manufacturer located in the Industrial District) o Music Strings, LLC (music repair shop located in Ocean Plaza at 640 E. Ocean Ave) • The Economic Development Grant Program had $469,158 at the beginning of the fiscal year. • $171,030 has been approved. o Approved Rent Reimbursements total $56,900. o Approved Interior Build -Out totals $68,000. o Approved Commercial Facade totals $29,960. o Approved Construction Permit totals $16,170. • $298,128 still available for FY 2017 -2018. • Banana Boat, LLC underwent a $1.7 million renovation and received $86,170 in Economic Development Grants (see Attachment I I for before and after pictures). FISCAL IMPACT: FY 17/18, Project Line Item 02-58400-444, $469,158 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Attachment I - Economic Development Program Spreadsheet D Attachment II - Banana Boat Before and After Pics ra =v �o S e� N O] O U 2-0 Laa LL m d d 0 O O O oda COO y O E N O r O N W aL c U 7 d LL O (� O p) O O C+ CL 0 W d O R N r a NO I 0 Li U o u m )0 U) LL O Z C C O R E O Q F 0000000000000000 000000000 000 0 Efl Lo Efl 0 0 Efl co Efl 0 0 .0 61)to o Efl 0 0 61)� Efl OOOOO 0 0 Efl Efl 0 0 00 EH �D Efl 0 0 OO 60M N Efl 0000 OOO 0 0 I� fn of Efl 0 0 0 0 o fn Cfl v c O m C v - Y u Z u `o R o of 0 of 0 of 0 of 0 of 0 co 0 co 0 co 0 co 0- c -_ c R -Lo r- Lo o V COO CO COO OO m Q V V V O V O V V (O V to V N M 0 � M N N C pig d � R R m 69 Efl Efl Efl Cfl Cfl Cfl Cfl Cfl Cfl Cfl Cfl 0 Cfl 69 Y a � y Z lL U d O O � a` CO o U y c 0 U d a R 0 0 o0 0 0 0 0 00 R LL R .0 fl N 69 fl O N d E E O U 0 0 O 0 O O 0 O O m v' v' d c O 0 O O O O O O 0 0 O.0 r d 'T c n 0 0 05 d 0 O o V V V V N N m > O U a Q M u `O E `O E c � 6 Q N N Y U N L <i L ~ Z 0 L ~ ~ J J L_ J m to U L Y U J O L U 0 N O 0 L (n 0 U m O Zm O in � c o O Z O C U0/1 E C C 0 D 07 07 LL S D 07 `c Cn Z 9 O o6 Cn 0 O a 2017 BANANA BOAT RENOVATIONS BEFORE AND AFTER PICTURES "BEFORE" ENTRY WAY "AFTER" ENTRY WAY 2017 BANANA BOAT RENOVATIONS BEFORE AND AFTER PICTURES "BEFORE" BATHROOM "AFTER" BATHROOM 2017 BANANA BOAT RENOVATIONS BEFORE AND AFTER PICTURES "BEFORE" FRONT DOOR "AFTER" FRONT DOOR 2017 BANANA BOAT RENOVATIONS BEFORE AND AFTER PICTURES "BEFORE" KITCHEN HOOD "AFTER" KITCHEN HOOD 2017 BANANA BOAT RENOVATIONS BEFORE AND AFTER PICTURES "BEFORE" DINING ROOM "AFTER" DINING ROOM 2017 BANANA BOAT RENOVATIONS BEFORE AND AFTER PICTURES "BEFORE" PATIO/DOCK "AFTER" PATIO/DOCK CRA BOARD MEETING OF: January 18, 2018 CONSENT AGENDA AGENDAITEM: 10.A. SUBJECT: Monthly Purchase Orders SUMMARY: Attached is the purchase order report for December 2017 for amounts $10,000 or above. FISCAL IMPACT: See Attached. CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY 2017 - 2018 CRA Budget CRA BOARD OPTIONS: Approve the Monthly Purchase Order Report ATTACHMENTS: Description D December 2017 Purchase Order Report Boynton Beach CRA Purchase Order Report Month: December 2017 Vendor Amount Funding Source Description Sanson Kline Jacomino $ 18,500 01-51420-200 Audit Services for Year Ending 9/30/2017 Lewis, Longman & Walker $ 84,500 02-58200-401 Purchase - Lot 13 on NW 10th Avenue Banana Boat LLC $ 25,000 02-58400-444 Commercial Facade Imporvement Grant Banana Boat LLC $ 16,170 02-58400-444 Construction Permit Grant Banana Boat LLC $ 45,000 02-58400-444 Commercial Interior Build -Out Grant T:\FINANCE\PURCHASE ORDER INFO FOR BOARD MEETINGS\VIIIB FINAL BACKUP - December 2017 Monthly Purchase Orders.xlsx CRA BOARD MEETING OF: January 18, 2018 CONSENT AGENDA AGENDAITEM: 10.13. SUBJECT: Approval of CRA Board Special Meeting Minutes - December 5, 2017 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the December 5, 2017 CRA Board Minutes ATTACHMENTS: Description D December 5, 2017 CRA Board Special Meeting Minutes MINUTES OF THE SPECIAL COMMUNITY REDEVELOPMENT AGENCY AND THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY DECEMBER 5, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Commissioner Romelus (left meeting at 9:54pm) Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. City Clerk Pyle called the roll. A quorum was present Invocation Commissioner McCray gave the invocation Pledge of Allegiance to the Flag Vice Mayor Katz led the Pledge of Allegiance to the Flag. Roll Call for CRA Board City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Board Member McCray moved to approve the CRA agenda. Board Member Romelus seconded the motion. Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Vote The motion unanimously passed. Chair Grant indicated the first item was Old Business the first addendum to the interlocal agreement for the Town Square Project. Mike Simon, CRA Executive Director, stated the item before the CRA board was to approve the first addendum to the (ILA) interlocal agreement for the Town Square Project, which was approved in June 2017, for the use of CRA funding under last year fiscal budget of $2.1 M. The item before the board was an addendum adding an additional $2.5M to go towards the Town Square Project. Tim Howard, Assistant City Manager, said the ILA (Interlocal Agreement) for the CRA agenda as well as the Commission agenda was included in the backup. He indicated this was the first amendment. This amends the existing ILA that was in place for $2.1 M, this will add funding of $2.5M, bringing the total not to exceed amount of $4.6M. The expiration of this ILA was September 2018. Motion Vice Chair Katz moved to approve. Seconded by Board Member Casello. Vote 4-1 (Board Member McCray dissenting) Board member McCray stated he was aware these funds were allocated towards the Town Square project. He was planning to vote no. He said these funds could be utilized elsewhere in the City. Board Member Casello stated a point of information; the Board was doing what was already approved. Mr. Howard indicated this was just the vehicle between the CRA and the City of Boynton Beach. Board Member McCray wanted to clarify, he was voting no. Motion Board Member McCray moved to adjourn. Seconded by Vice Chair Katz. Vote Unanimously approved. 2 CRA BOARD MEETING OF: January 18, 2018 CONSENT AGENDA AGENDAITEM: 10.C. SUBJECT: Approval of CRA Board Meeting Minutes - December 12, 2017 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the December 12, 2017 CRA Board Minutes ATTACHMENTS: Description D December 12, 2017 CRA Board Minutes MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, DECEMBER 12, 2017, AT 6:30 PM IN CITY COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA IUNM4=01111 Steven B. Grant, Chair Mack McCray, Board Member Christina Romelus, Board Member Joe Casello, Board Member ABSENT: Justin Katz, Vice Chair 1. Call to Order Chair Grant called the meeting to order at 6:30 p.m. 2. Invocation Chair Grant read a Hanukah Prayer. 3. Roll Call Mike Simon, Executive Director Tara Duhy, Board Counsel Chair Grant explained Vice Chair Katz called indicating he was sick and would not attend the meeting. Roll call established a quorum was present. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Grant pulled Consent Agenda Item 10 B to make a change. Board Member Casello pulled Consent Agenda Items D, E, and F. B. Adoption of Agenda Motion Board Member Casello moved to approve the agenda. Board Member McCray seconded the motion that unanimously passed. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 5. Legal 6. 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 Board Member Casello met with US Sugar and was amazed how sugar comes from the field, is processed, and makes it to the shelf. He recommended if anyone was in the area, they tour the plant as it is educational. Board Member McCray agreed and commented at one time Poinciana Elementary School students toured the facility. There were no disclosures made by any of the Board Members. 7. Announcements and Awards A. The 47th Annual Boynton Beach Holiday Tree Lighting and Concert Recap Mercedes Coppin, Special Events Coordinator, reviewed the Holiday Tree Lighting and Concert event on Saturday, December 2nd on E. Ocean Avenue. The Tree Lighting followed immediately after the parade and about 3,000 people attended. Local vendors were on site, including Troy's BBQ, Boardwalk Italian Ice and Creamery, and Tijuana Flats. Nine retail vendors were selling a variety of items such as jewelry, clothing and educational toys. The Tree, which is located in front of the Schoolhouse Children's Museum will be lit through the end of the year and event photos can be viewed on the Boynton Beach CRA Flicker page. Board Member McCray commented people did not know what time the tree would be lit and hoped, next year the time would be publicized. B. 46th Annual Boynton Beach and Delray Beach Holiday Boat Parade Recap Ms. Coppin reviewed the Holiday Boat Parade event on December 8th on the Intracoastal Waterway starting from the Lantana Bridge to the C-16 canal. There was a good turnout with nearly 40 boats participating this year with the CRA partnering with the Delray Beach Recreation and Parks Department. The Watch Party event at the Marina attracted 250 people. Both social media consultants were onsite at the Watch Party and they live streamed the parade on Facebook and Instagram. To -date, they had 2,500 views on the Facebook live video. The Winners Award dinner was scheduled for next Monday, December 18th, at 6 p.m. at Banana Boat and the winners are announced the night of the award dinner. The CRA continued their partnership with Marine Industries and Toys for Tots and thanked all for participating. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 C. Music on the Rocks The next Music on the Rocks event will be held this Friday, December 15th at the Ocean Avenue Amphitheater, from 6 to 9 p.m., featuring Rogue Theory playing rock and blues. The Food Truck Invasions will be on site with five food trucks and a mobile bar. D. Movies in the Park The next Movies in the Park will be held January 5th, featuring Spiderman Homecoming at the Ocean Avenue Amphitheater at 7 p.m. The movie is rated PG 13 and is a science -fiction fantasy. Since there is mild profanity and action related violence, parental discretion is advised. The movie theme relates to courage and the importance of perseverance. The Chowder Truck will be on site and there will be free popcorn for moviegoers. Ads for local CRA businesses will be viewed prior to the movie and event goers will be entered into a drawing to win gift certificates to the advertised businesses. The December Movie was Mr. Popper's Penguins and about 100 people attended. Troy's BBQ was present and the CRA featured a new trailer of movie previews and advertisements, which were well received. The video trailer shown at the CRA event is on the CRA You Tube Channel and the CRA Facebook page. Mr. Simon suggested in the future, the trailer be shown prior to the CRA meetings. Tracy Smith Coffey, Marketing and Business Development Specialist, advised the trailer is on the website under Movies in the Park. It is also on Facebook. E. The MLK Celebration of Unity Ms. Coppin announced the 3rd Annual MLK Celebration of Unity event on Saturday, January 6, 2018, from 2 p.m. to 6 p.m. on E. Ocean Avenue between Seacrest Avenue and NE 1St Street. Music will be provided by the Valerie Tyson Band. Staff is working with community groups including the MLK Celebration of Unity Committee and the BAPS Temple to provide a variety of multi -cultural performances. Food and beverages will be available for purchase. The CRA is accepting vendor applications on the website and Ms. Coppin agreed to email the application to those interested. Board Member McCray met with Mr. Simon about the MLK Unity Celebration. The Committee was concerned about holding the event at Hester Center. They did not want to go to the Carolyn Sims Center and they wanted to hold the event at the Amphitheater as they want the event to draw people from all areas of the City. He requested a written report detailing why the Committee did not want to go to the Carolyn Sims Center. Flyers were under production and postcards were finished and would soon be distributed. Ms. Smith—Coffey explained she would choose the best 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 options for printing and distribution, but staff missed the cut off dates to include the event information with the utility bill as the bills are sent a month ahead of time. The advertising was similar to the Pirates Fest. This event is also advertised in the various print publications and there will be signage and billboard advertisements. Board Member McCray suggested, since the event is less than a month away, when the postcards are back from print, they be distributed as fast as possible. Ms. Smith - Coffey advised they will be done on Friday. Board Member McCray understood she was coordinating with other entities and thought this was a learning tool. F. "On the Town" with Frank Licari Ms. Smith Coffey explained there is a video about Boynton Beach and commented a suggestion was made to play the entire 26 -minute video at the next City Commission meeting. The PBS station hosted a premier of the video On the Town starring Frank Licari showcasing Boynton Beach hot spots and the Marina, including Pirate Fest, some of the restaurants including Hurricane Alley, Boardwalk Italian Ice and Creamery and Troy's BBQ. It is a good video to showcase the City and what it has to offer. The video aired December 7th and will again on December 23rd at 6:30 p.m. and December 24th at 12:30 pm on the WPBT Station. Funding was provided by the Palm Beach County Tourist Development Council, including the Palm Beach Film and TV Council and Discover the Palm Beaches. 8. Information Only None. A. Public Comment Log B. Public Relations Articles Associated with the BBCRA There were no comments. C. Marketing and Business Development Campaign Chair Grant suggested putting this information with Announcements so the Board can see the campaign recaps. Mr. Simon agreed and commented they could also show the collateral information. 9. Public Comments Chair Grant opened the floor to public comments. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Dr. Piotr Blass, 113 Tara Lakes Drive, voiced his moral support to Board Member Romelus as she is under stress. He commented a friend in need is a friend indeed. She expressed the City needs to welcome people from Haiti and he noted Cubans are having problems as well. He welcomes all and thought Boynton Beach should be a welcoming City. He thought City lawyers should apply for legal status for as many people as possible. No one else coming forward, Public Comments was closed. 10. Consent Agenda A. Monthly Purchase Orders B. Approval of CRA Board Special Meeting Minutes - November 7, 2017 C. Approval of CRA Board Meeting Minutes - November 14, 2017 D. Approval of Banana Boat, LLC for Commercial Facade Improvement Grant Program E. Approval of Banana Boat LLC for Commercial Interior Build -Out Grant Program F. Approval of Banana Boat, LLC for Commercial Construction Permit Grant Program G. Approval of Music Strings, LLC for Commercial Rent Reimbursement Grant Program 11. Pulled Consent Agenda Items C. Approval of CRA Board Meeting Minutes - November 14, 2017 A correction was made to page 21, third paragraph from the top: "Attorney Duhy advised she will add a sentence to the contract that in no instance shall the CRA collect more than 47-Ok $47,000 in equity return." Motion Board Member McCray moved to approve the minutes as amended. Chair Grant seconded the motion that unanimously passed. D. Approval of Banana Boat, LLC for Commercial Facade Improvement Grant Program 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 E. Approval of Banana Boat LLC for Commercial Interior Build -Out Grant Program F. Approval of Banana Boat, LLC for Commercial Construction Permit Grant Program Board Member Casello asked how much money was set aside for the above three grants. Mr. Simon responded the amount ranged from year to year depending on the budget and commented it would range from $250,000 to $350,000. The grants from Banana Boat totaled $86,000. Board Member Casello inquired about the balance in the account after the grants to Banana Boat were paid and learned the balance was $298,000. Mr. Simon explained these projects range from $4,000 or $5,000 upwards of $60,000 or $70,000 depending on the size of the project. He thought there was a nice range of grants given each year. Board Member Casello queried if the unused grant funds roll over to the next year and learned it is at the will of the Board, but typically the balance rolls over and the Board adds additional funds. Last year, the program ran out of money and it appeared this year would be equally as successful. He hoped the timing of the expenditures would occur around budget time next year. He agreed to keep the Board apprised and noted 500 Ocean would be opening soon. Staff was working with Las Ventanas, One Boynton and relocation of current businesses at the Riverwalk location. The program had $450,000 at the beginning of the fiscal year Mr. Simon pointed out the grants are all matching grants. Banana Boat would have to spend over $160,000 to be reimbursed $86,000. Since October 1St,12 grants were approved. Luke Therian, Banana Boat, explained the last renovation was 17 years ago at a cost of $1.7 million. Management converted the restaurant from a rustic 1800's English nautical theme to a 21St Century Island Resort that would make everyone proud. The planned new downtown will have new buildings and seasonal residents. Management sought to create a new energy regarding fishing, golf, the island, beach and surfing. They doubled the size of the dock, switched to a new hood system, and got new equipment and furniture. It is a brand new restaurant. They are planning another major renovation of their sister restaurant, Prime Catch and were timing the renovation of Prime Catch with the new development on Woolbright Road. Mr. Therian explained the restaurant has been in the area for 40 years and he is a second -generation owner. He announced they love Boynton Beach and the direction it is heading. They plan to be around for a long time. Motion Board Member Casello moved to approve Consent Agenda Items D, E and F. Board Member McCray seconded the motion that unanimously passed. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Board Member McCray asked if these funds could also assist Casa Costa. Staff agreed to discuss the program with him. Motion Board Member Romelus moved to approve the remainder of the Consent Agenda. Board Member McCray seconded the motion that unanimously passed. 12. Public Hearing None. 13. Old Business A. Financial Report Period Ending November 30, 2017 Vicki Hill, Finance Director, announced the CRA is right on budget with their financials. The accounting should be complete for the fiscal year and an audit brought to the Board some time in February. B. Discussion and Consideration of Changes to the Terms and Conditions for the Homebuyer Assistance Program Agreement between Lasendra Hoggins Wilson and the CRA Mr. Simon explained on October 10th, Ms. Noggins Wilson discussed her home and the restrictions on resale or leasing under the Housing Assistance Program (HAP) grant. A follow up discussion took place at the November 14th CRA meeting and the Board moved to amend the existing agreement to allow her the option to rent and still cap the equity at $47,000 should the property be sold. The Board allowed the stipulation to transfer or rent the property to another income eligible individual or family. The attachment was a legally prepared amendment to the agreement and a motion was needed. Board Member McCray commented since Ms. Noggins Wilson appeared, there was another homicide and he inquired if the Board would apprise individuals what type of area the home would be and learned it was up to Ms. Noggins Wilson to disclose the information. Board Member Romelus took issue with the item because it is a situation where another family will knowingly or unknowingly move into the situation Ms. Wilson was leaving and it was troubling. Board Member Casello advised he was not present at the second meeting. He thought it was a slippery slope and all the HAP recipients should have the same benefit as this owner. rl Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Ms. Hoggins Wilson could turn the property into a rental property and when she first appeared, his heart went out to her. He commented money was an issue. Ms. Hoggins Wilson will be in charge of the building and he asked what experience she had in being a landlord and there are other homes in the area that are known drug houses. He thought the Board had not solved any of the issues that plaque the neighborhood and wanted a report from the Chief how to address the matter. He thought the Board should have taken a harder stance. There are three officers in the Heart of Boynton and he favored using the house as the station for the Neighborhood Police Office Proaram. Lashendra Hoggins Wilson agreed her moving out of the neighborhood does not solve the problem and the area needs a lot more than just her standing before the Board. She did raise the concern of having another family move into the home and it was addressed in a private meeting. It would have to be something with a prior meeting, a last minute thing or someone with no small children. She would not apprise prospective renters of the shootings, but there were other options on the table that they still have to review. The first step was to get her and her family to safety. She acknowledged there was another homicide four homes away from � � her. As far as experience being a landlord, she had certifications from the Urban League of West Palm and Broward County. Her concern is if she does not rent out the home, she is the one who is stuck trying to manage a mortgage and a rental property. She was not pushing the issue. She just wanted to know the option is there so she can get her game plan together. Ms. Noggins Wilson was not aware of any other HAP recipient that verbally expressed a concern about their neighborhood except her and she put it in writing to the Board. If there are other families that want to follow suit, they should speak up. She was very concerned about getting out of the neighborhood and adhering to the guidelines. She agreed the City and the Police Department have to get involved. Board Member Casello was concerned she would financially be unable to manage two homes and asked what could be done to help abate the problem in the area. He contended a police presence or a plan is necessary. Chair Grant suggested knocking on doors and asking residents what they want. Board Member Casello commented he would not knock on doors in Cherry Hill, but would attend a special meeting to gather neighborhood input. Chair Grant thanked Ms. Hoggins Wilson for coming forward and having a plan. He thought the issue was more of a business decision to give her more opportunities to have ownership of her home. The same courtesy will extend to others. Board Member Romelus thanked Ms. Hoggins Wilson for coming forward and advised she did not want to see the situation repeated.. E Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Motion Board Member Romelus moved to approve. Board Member McCray commented the Board is supposed to ask questions. He applauded Board Member Casello for asking questions. As Commissioner for District 11, he advised the Board is aware of the problems in the Cherry Hill area and the Police Department addressed the issue. There is a Cherry Hill he did not know about. There is also a Minister's Coalition in Boynton Beach who is also working to address the problem. When they need to dialogue with the Police Chief, they do. Ms. Hoggins Wilson thanked the Board and requested if there is a meeting, they let her know and she will spread the word. Brian Fitzpatrick, 409 NE 1St Street, thanked Board Member Casello for his comments. He noted Board Member Casello was not present at the last meeting and advised Cherry Hill was desperate for a full-time police presence and the issue has been ongoing for 10 years. One little Cherry Hill Operation is meaningless unless followed up with a consistent effort behind it to stop the drugs. He noted many of the individuals previously arrested were back at the MLK Quick Stop, Cherry Hill Mini - Market, Rainbow City Groceries or the Quick Mart. He thought the Board was opening a can of worms by changing the contract, but agreed allowing the woman to move to a safe haven was appropriate. He thought the matter should have been addressed years ago. He suggested the home be used for a police substation and the area needs a police presence. Board Member McCray explained at one time there was a police substation in Cherry Hill with Palm Beach County Housing Authority and it was almost useless Board Member McCray seconded the motion that unanimously passed. C. Consideration of the Facility Rules and Regulations for the Historic Woman's Club of Boynton Beach Located at 1010 S. Federal Highway Thuy Shutt, Assistant CRA Director, explained on November 14th, the Board approved renaming the Boynton Woman's Club to the Historic Woman's Club of Boynton Beach and staff established rental rates. Three non -profits historically used the facility for meetings and their annual fundraisers. Staff had intended to present the Board with a standard rental agreement, but since staff had to do more work on it for the three non- profits that use the building and the different terms of the rental agreement, it was better to present four or five of the agreements at the next meeting to prevent confusion with the various drafts. Staff was working with the Board Attorney. The cover page updated Attachment 2, which was the draft rules and regulations for the facility. The drafts have to 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 ensure a safe, well-maintained, efficiently operated venue for users. The document includes references to approved rental fees, additional service fees, insurance, catering and liquor policies, parking, valet and the general use and care of the facility. She can revisit those components of the rules and regulations at the January 18th meeting, after receiving direction from the Board, as there is a lot to review. Board Member McCray supported seeing all four drafts at one time, which was the rental, but the Rules and Regulations is separate and encompasses the facility parameters. When approved, staff could use the agreement and if the State, City or the CRA changes its policies, staff can update the documents in accordance with the mandated changes without having to return to the Board and can book various events. Board Member Caselio inquired if Legal was on board with the document and learned Attorney Duhy was. If the Board wanted to approve the administrative process, a motion to approve would be needed granting Executive Director Simon the ability to make necessary changes as required by law. The document had been thoroughly reviewed by Legal and the latest revision included counsel's comments and suggestions. No policy changes would be instituted by Mr. Simon; rather it would be updating insurance requirements and the like as required by the State. There would be no substantive changes where he would set new rates or rental criteria. Those would come back to the Board. The City Commission does not approve the rules and regulations for other City facilities. Staff can bring back any change regarding amendments to the documents. Staff sought to prepare to open the building for a season of rental or to service programs ongoing in the Town Square. The rental rates and agreement will come to the Board as changes are needed. The building would be treated like the Marina. Every two years, staff examines the rates and costs. Minor details how to setup and the equipment are administrative issues that could be handled by staff. Board Member McCray asked if staff compared the Woman's Club to other City facilities and learned staff did. Intracoastal Park allows liquor. The Woman's Club has had the ability to serve liquor. If there is a cash bar, there is a liquor license requirement and permits and staff would incorporate similar language for the venue. The building is being considered as a potential library and staff has been approached by the Library, the Theater at the Madsen Center and other program personnel. Mr. Simon noted if the Library building is demolished and the High School is not ready, the CRA Board would need a meeting venue such as the upstairs ballroom. Chair Grant asked if the CRA would charge the City as a civic entity. Mr. Simon noted that possibility was some time off, but if the City or any other entity wants to use the building, there would be an Interlocal agreement, which would be brought to the Board. There are relocation funds available in the budget. Staff recommended if there are more than 60 tenants in the building, valet service be required. Ms. Shutt explained it is up to the renter to seek valet parking and staff was trying to use the Senior Center for parking because users would cross Federal Highway at night and best management practice is to have valet for larger crowds. There is no cross walk north of Woolbright Road, only a cross walk further south by Dunkin Donuts. Staff has been unable to find a formal Interlocal Agreement between 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 the Women's Club and the City for use of the Senior Center. Staff would want an agreement to protect both agencies. The crosswalk is at SE 121h Avenue and the building is two blocks north on SE 10th and there is a turn lane. Mr. Simon noted the Board asked staff in reference to the Federal Highway resurfacing, if it would address some of these issues. Ms. Shutt commented staff could suggest softer language. Chair Grant did not know what the best practices were, but did not want to be liable to the valet or the patrons for the parking situation. It is a dark area at night. Ms. Shutt agreed it is a liability and a risk management issue from a best management practice perspective. The goal is to limit the number of people crossing the street and have an orderly way to get in and out of the site. Staff will look into it. When the facility is fully operational, they will have a list of caterers and valet renters could use. Users could use their own caterer as long as they are insured and the facility will mimic the City's requirements. Less than 60 people is a smaller group and at staff's discretion, they could waive some of the requirements. Groups of 65 would need more insurance and liability to protect the facility from damage and from liquor liabilities. Chair Grant thought, since the building was historic, events with 30 attendees needed to have a lower insurance limit. Staff requires a refundable facility damage deposit of $1,000 and a facility damage policy of $250,000 as part of their liability insurance. Board Member McCray was concerned if the City will pay the CRA money if the Library uses the Woman's Club and learned the City would. Chair Grant commented a large party is anything over 60 people and if the entity is a non- or for-profit entity, liability insurance is needed to cover the CRA and a minimum of $1 million per occurrence and $2 million aggregate. A wedding or birthday party event that has more than 60 people will need event insurance, and minimum liability insurance of $250,000 for any damage to the physical building and $1 million per occurrence and $1 million for aggregate and naming the CRA as additional insured. If alcohol will be served, the user will need to add a liquor liability provision to the event insurance. If a smaller event is held with less than 60 people, the CRA has discretion in the amount of insurance needed depending on if alcohol will be served. There is a threshold and the Board could lower the requirements. Chair Grant wanted three tiers for small, medium and large events. His concern was 59 people has a different fee schedule than someone with 61 attendees. Board Member Casello thought the Board was micromanaging. Ms. Shutt explained proof of maximum insurance has to be presented to the CRA before booking the event and the CRA will take a head count. Board Member Casello asked how staff would be paid and if the position will be salaried or employees paid overtime. Mr. Simon explained staff is there to manage the building during the event. So far, staff was handling that responsibility for the short term until they get a long-term game plan, which partly involves the Town Square. So far, there were two weddings and another event coming up this weekend. Board Member Casello thought it was ridiculous there is not an accurate head count. Mr. Simon explained it is handled through the table and chair setup, but staff may miss a few. Chair Grant reiterated he wanted three different tiers. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Board Member McCray thought the Board was putting too much into the item than was necessary. He suggested going with what staff proposed and if it did not work, the Board could make amendments. Board Member Romelus was fine with what staff proposed. No changes were made. Final form and rental agreements will be brought to the Board and the rental agreements presented at the January 18th meeting. D. Consideration of Purchase and Sale Agreement with Annie and E.L. Thomas for Lot 13 on NW 10th Avenue Mr. Simon advised the item was heard at the November 14th meeting and there was agreement to move forward with acquisition and a contract with the property owner for the property that was adjacent to Sara Sims Park. The agreement at the last meeting was the CRA would pay the appraised value of $81,500. The item was the actual purchase and sale agreement signed by the sellers. Motion Board Member McCray moved to approve. Board Member Casello seconded the motion that unanimously passed. E. Consideration of Amendment to extend the Project Completion Date for the 500 East Ocean Project Mr. Simon advised staff received a request from the management team to extend the completion date from December 31, 2017, to June 30, 2018. The original DIFA agreement showed the completion date in June 2017 and they asked for an extension to December 31, 2017 and then requested the second extension to June 30, 2018. Tom Hayden, 650 S. Lakemont Boulevard, Altamonte Springs, explained the request was the second extension request and completion means different things to different people. The project began in July 2015 and is a complex building with a lot of detail. There are 341 units, 20,000 square feet of commercial space and a garage for 640 cars. The building was also constructed on previously occupied land. When they began construction, they had to deviate from their construction timeline as they experienced delays due to items found buried. Currently, the exterior of the building will look complete by the end of the year, but they are working on items inside the building and have been working with Planning and Zoning and Building staff to comply with the development agreement. There are Planning and Zoning items that need to be completed. The TIF agreement requires green building and there are other details that need to be addressed with green building. Many items will need to be addressed over the coming months, which predicated the extension request to June 30, 2018. Mr. Hayden commented there will be 75 people living in the building by the end of the year and by this time next year, there will be well over 300. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Motion Board Member McCray moved to approve. Board Member Casello seconded the motion. Chair Grant had concerns regarding the temporary Certificate of Occupancy. Mr. Hayden explained they obtained two Certificates of Occupancy. If they wait or finish in February or March the owners will have received nine months of not paying taxes according to the property appraiser. Currently, the developer is paying taxes on the land. When the Certificate of Occupancy is obtained, the developer will be taxed on the improvement value. With the extension to 2018, the CRA cannot split the improvement value tax and the CRA is losing money. Mr. Hayden explained for the TIF to be effective, certain requirements must be met and they would likely not be filled by the end of the year. Since the building is a green building, 34 units have to be inspected. As to paying taxes on the property, taxes would be paid in 2019. Chair Grant commented extending the completion date into the next year results in the CRA not receiving the full amount of taxes. Mr. Hayden explained in other municipalities, taxes are assessed on a percentage of completion basis, not an either or scenario. If the property appraiser sees the development is 90% complete, they assess on 90%. Mr. Hayden noted the delay costs the owners several million dollars as well. Chair Grant inquired what percent of the building is completed and learned it was about 90% complete. Shane Kittendorf, the Building Official, will dictate when the developer gets the Certificate of Occupancy. Chair Grant hoped the property appraiser would consider this information. Board Member Casello praised Mr. Hayden and thought the building was a cornerstone and a catalyst for development in the City. Board Member Romelus asked what percentage of the building was rented and learned 54 units, comprising 16% of the residential units, were leased. Mr. Hayden anticipated they would lease between 20 and 25 units a month so by the same time next year, the building will be 95% occupied and stable. Three hundred forty one units would accommodate 500 residents. There is 2,000 square feet of leased commercial space and another 4,000 square feet of commercial space that is finished. The building has been completed from the south side and looks like retail space. Mr. Hayden noted retail is not the typical shopping center and the building was more of an urban mixed-use structure. As a result, they do not attract as many national tenants as opposed to being on the other side of 1-95, but they received positive feedback. Most of the interest was from local or regional businesses looking to expand or relocate. The second floor on the west side of Ocean Avenue had 6,000 square feet of office space and some of the space will be at least shell complete. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Motion Board Member Casello moved to approve. Board Member McCray seconded the motion. Chair Grant calculated the CRA would have received $250,000. The first four years of the agreement had a 75/25 tax calculation. He wanted a clause not to permit any more extensions and to institute liquidated damages in the amount of $500 a day. He asked if Board Member Casello would amend his motion to include the liquidated damages. Board Member Casello did not. Vote The motion passed 3-1. (Chair Grant dissenting.) F. Consideration of Second Addendum to the Purchase and Development Agreement for the CRA Owned Property located at 711 N. Federal Highway to South Florida Marine, d/b/a BZ Woods Properties, LLC Mr. Simon received a request from the Woods regarding their contract, which had a closing date on or before December 19th. As a result of lengthy negotiations regarding the alleyway abandonment of the rear property, the financial mechanism in the Purchase and Development Agreement caused the initial lender to reconsider their lending due to the reverter clause and the first right of refusal stipulation. Since signing, the Woods are working with a new lender along with staff and legal counsel to address the concerns of the lender. The reverter clause, in this instance, would indicate the CRA would provide funding to the Woods to construct the project and at any time if the conditions in the reverter clause are met, the building would go to the CRA and the bank's position is compromised. Legal offered a language change, keeping first right of refusal for the length of ownership, and terminating the clause when the Certificate of Occupancy is obtained and the building is fully operational. If the project is completed, the need to have a reverter is moot. The language was also discussed with the Woods and legal counsel. Ken Dodge, CRA Legal Counsel and Attorney Joel Koeppel, Counsel for the Woods were both present. This was the second extension request. Attorney Koeppel explained the Woods could not be present as they were receiving a Boat Sales Award in Orlando. Attorney Koeppel explained the first closing date was unrealistic, having only four days between signing the contract and the closing, which was why the first extension was requested. He has been working with the lender regarding the terms of the original contract, and language is worked out. Board Member Casello asked how much money the CRA would lose between purchase of the property and then the sale to the Woods. Chair Grant explained the CRA would recoup half the funds and had addressed the blighted Amerigas property through the acquisition. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Board Member Romelus moved to approve. Board Member McCray seconded the motion that passed 3-1, (Board Member Casello dissenting.) G. Status of the Purchase and Development and Tax Increment Revenue Funding Agreement with Ocean One Boynton, LLC for the CRA Owned Property Located at 222 N. Federal Highway Mr. Simon explained this item was an update. The terms of the Tax Increment (TIF) Agreement the Board agreed to in October was added to the document and sent to the Ocean One development team. He apprised the Board staff still did not have an executed Purchase and Development or TIF Agreement from them. At the October meeting, the Board and the development team were discussing the different levels of achievement needed to obtain TIF, one of which was a green project element. Chair Grant asked about the different levels of green building criteria as there are different levels to reach and the response from the development team was there were no levels associated with the program. It is up to the Board if the members wanted to change the green level as they may not have been aware of the levels that could be achieved. Attorney Duhy explained she had made amendments per the Board and the language staff added was "the Florida Green Building standards." The developer suggested "a Florida Green Building Standard". It is a text change. Staff felt it was important if the developer signs the document, it is just a green building so a green building would be developed. If the Board wanted a different level or was not aware they could have asked for a different level, it was important staff disclose it to the Board. The document was changed the way the Board discussed at the last meeting and it was not executed. No action was necessary on this item. The agreement was presented the way the Board approved it as a green building and the item was to apprise the Board the document was not signed. Chair Grant commented the Board still has an unsigned contract and there is no end date unless the Board takes action. He favored the developer attaining the silver level. Board Member McCray did not want to lose a developer by dictating what level of green the developer would have to build to and he favored leaving it up to the developer. Board Member Casello agreed. Motion Board Member McCray moved not to change the documents. Board Member Casello seconded the motion. The motion failed 2 to 2, (Chair Grant and Board Member Romelus dissenting.) 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Chair Grant asked if the Board would receive information about the different levels at the next meeting. Board Member Casello thought it was ridiculous as the Board has been kicking this project down the road for nearly three years. If the developer indicates they will go green, they will. He did not support imposing a platinum, silver of bronze level and the Board was unfamiliar with what it means. He thought it was ridiculous. The requirement would kill the project and he would place blame on the Chair's shoulders. Attorney Duhy explained the developer is free to execute the agreement as proposed as it was their request to change the language. If they sign the agreement the way it is now, the project moves forward. Board Member Romelus commented the developer delayed signing the contract; not the Board. The Board was conducting due diligence and the developer can come and defend themselves. Board Member Casello stood by what he said. The developer has been present several times requesting changes. The agreement is a moving document, and they are not present. Board Member Romelus noted the developer asked for the changes. H. Consideration of Resolution No. 17-03 and Second Addendum to the Purchase and Development Agreement with Heartfelt Florida Housing of South Palm Beach County Community Land Trust Inc. (Habitat for Humanity) for the CRA Owned Property Located at 117 W. Martin Luther King, Jr. Boulevard Mr. Simon explained the Board approved disposal of the property as part of the Model Block Project and noted the CRA has conducted several successful property exchanges with Habitat for Humanity. The underwriter for this property was requesting a more formal document to display the transference and title to Habitat. Ken Dodge, Lewis Longman and Walker, has been willing to help them understand the process is not by Resolution. Meeting minutes usually suffice, but in this case, a Resolution would prevent additional delays. This will provide evidence the Board is approving of and giving the property to Habitat for Humanity, and approving a second addendum to extend the closing date to the 29th to finalize the title and the closing take place. Motion Board Member McCray moved to approve. Board Member Casello seconded the motion that unanimously passed. Board Member McCray queried if there was a communication problem between the Board and staff as there were items on the agenda that indicated an issue was not clear. He supported better communication and thought staff should get right to the point so he could make a decision. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 I. Project Update for 480 E. Ocean Avenue Mr. Simon conveyed the Board provided a 60 -day extension for the developer to obtain its Certificate of Occupancy by November 30th and they are in the process of completing construction. He advised as of the 30th, the developer obtained a temporary Certificate of Occupancy. The restaurant can now serve food and the building could be occupied while working on items needed to remove the temporary Certificate of Occupancy status. J. Project Update 211 E. Ocean Avenue (Tabled 11/14/17) Motion Board Member McCray moved to remove from the table. Board Member Casello seconded the motion that unanimously passed. Mr. Simon explained there was a request for an update. At the November 14th meeting, the architectural and development teams met with City staff regarding the permit plan review. All the comments for the drawing were reviewed and there was a third round of comments. The architectural team left on November 9th to make the revisions and respond. He noted the drawings have not been resubmitted to the City, to -date. Staff provided the December 8th plan review comments and the agreement to the Board. The project is still in the permit approval stage and there is not a defined date to get the permit approval. The contract required diligent effort to obtain permit approval. Mr. Simon provided the time line of when they met and how long the developer had for each stage in the development process. He commented it appeared they were making diligent efforts, but if the drawings from the November 9th meeting are not resubmitted by the next meeting, staff would apprise the Board and send a reminder letter. Board Member Casello did not think the developer was conducting due diligence. The developer closed on the property a year ago and other than site plan approval and permit drawing, there were no physical changes. He supported time stamping each step. Chair Grant pointed out they are still working on the plans and requested a 60 -day reminder. Mr. Simon explained the contract has timeframes for each step other than the time it takes to get their permit approved and they are making a diligent effort. The letter sent to the developer by the Board in October sparked a renewed effort in the project. Mr. Simon advised he is fielding calls from interested parties trying to connect them to the developer. Board .Member Casello requested clarification that the developer would get the building operational and not to wait for someone to come in and show interest. He thought the developer was delaying the project until there was interest in the building. He did not recall that was the arrangement with the Board and he proposed the Board pick a date and time and have the developer appear. The developer had 30 days to review the comments and the Board wants an answer. Mr. Simon responded a meeting could be arranged and he suggested the developer come in by December 21St, which would give them six weeks to respond to the comments. lift Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Motion Board Member Casello moved the developer have the comments in before the holidays, which was two weeks and a total of six weeks to resolve the most recent comments. Board Member McCray seconded the motion. Chair Grant noted Section 18.3, the development timeline between items b and c dealing with the submission of construction permit application to the City of Boynton Beach within 90 days of the major site plan approval date, which occurred. What has not occurred was commencement of construction within 60 days of the building permit approval date. The developer only has 240 days to build once they obtain building permit approval. Attorney Duhy can send a notice or letter indicating the Board expects more timely responses to comments received from staff, and in this instance, they need to respond to the last set of comments by December 22nd. Although there may be future comments, the Board would expect timely responses. Six weeks is reasonable. If not by December 22nd, the next step is to apprise the Board in January the developer did not respond and the Board could take action. The reverter clause could be invoked. Vote The motion unanimously passed. 14. New Business A. Consideration of Purchase of 110 NW 6th Avenue Mr. Simon presented the item, and advised the property is adjacent to a City -owned property at the corner 6th Avenue and Seacrest. An appraisal was done and the market value for the property was $36,700. There is a tax deed sale pending and a $3,100 lien from the City for lack of maintenance. Staff wanted to pursue acquisition of the property for single-family housing and was requesting approval to move forward in the County acquisition process to obtain the land and for the Board to set a maximum purchase price. The CRA Advisory Board recommended paying slightly over 20% over the appraised value, if needed, which would be $40,000 to $42,000 as a maximum. Motion Board Member McCray moved to approve. Board Member Casello seconded the motion. Board Member McCray favored the $40,000 price. The motion unanimously passed. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 B. Discussion of Maintenance Costs for the Boynton Harbor Marina and the Fuel Discount (Tabled 11/14/17) Motion Board Member McCray moved to remove the item from the table. Board Member Casello seconded the motion that unanimously passed. Mr. Simon explained Board Member Casello requested this information at the October meeting. As a result of their discussion about the lease agreements with the boat slip tenants. staff provided the requested information at the November meeting, which was also tabled because Board Member Casello was not present. The information was a brief summary of expenses, and no action needed. There were no questions and Board Member Casello was satisfied with the information. 15. CRA Advisory Board A. CRA Advisory Board Agenda - December 7, 2017 B. CRA Board Meeting Minutes - November 2, 2017 C. Pending Assignments from November 14, 2017 CRA Board Meeting 1. Review and Revise Current CRA Special Events Grants D. Reports on Pending Assignments 1. None E. New Assignments 1. None 16. Future Agenda Items A. Consideration for Revision to the CRA Procurement Policy Including a Local Business Preference Under a Competitive Process B. Consideration of Parameters for an RFP/RFQ for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District (Tabled 11/14/17) C. Update on Community Caring Center Relocation 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 D. Boynton Beach Boulevard Streetscape Improvement Project Update 17. Adjournment Motion Board Member McCray moved to adjourn. Board Member Casello seconded the motion that unanimously passed. The meeting was adjourned at 8:37 p.m. dath"ul-a Catherine Cherry Minutes Specialist 011 CRA BOARD MEETING OF: January 18, 2018 CONSENT AGENDA AGENDAITEM: 10.11). SUBJECT: Approval of Driftwood 2005, LLC for Commercial Facade Improvement Grant Program SUMMARY: The CRA's Commercial Facade Improvement Grant Program provides financial assistance to a property owner or commercial tenant in order to incentivize the exterior improvement of existing commercial properties within the CRA District. The CRA has received a completed grant application from Driftwood 2005, LLC which recently purchased Scully's Restaurant located at 2005 South Federal Highway, Boynton Beach, FL. The applicant is currently undergoing renovations to both the building and their menu. With their restaurant expertise, they intend to provide a fresh look at new American cuisine featuring contemporary cocktails and entrees highlighting local produce and meats. Driftwood 2005, LLC is looking forward to becoming the new neighborhood spot in Boynton Beach. The Commercial Facade Improvement Grant Program provides a 50% match reimbursement of the applicant's expenditures for the eligible improvements up to a maximum grant total of $25,000. If approved, the applicant is entitled to grant maximum of $2,255 in reimbursable funds for new awning, signage, and exterior paint based on the invoices and receipts for $4,509 provided as Attachment IV. CRA funds are released as reimbursement once the proper documentation is submitted to staff for review and approval. FISCAL IMPACT: $2,255 — FY 2017 - 2018 Project Fund, line item 02-58400-444 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Facade Improvement Grant not to exceed $2,255 to Driftwood 2005, LLC located at 2005 South Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Grant Application D Attachment II - Lease D Attachment III - PAPA Map D Attachment IV - Signage, Awning and Paint Invoices c• • •' 9 •- Program Rules and Regulations The Commercial Facade Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs that result in more visually appealing commercial properties or other improvements in accordance with the CRA Community Redevelopment Plan. The CRA reserves the right to approve or deny any Commercial Facade Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Fagade Improvement Grant Program offers financial assistance in the form of a reimbursable, matching (50%) grant up to $25,000 to the landlord or business owner for eligible expenses associated with improving the external appearance of their business and to encourage businesses to invest in their operations. Initials Page 1 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City at (561) 742-6067 Attached is the ReNew PACE Eligible Product List. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • If tenant, applicant must have an executed multi-year lease (two year minimum). • Fagade improvements must be consistent with the CRA's Urban Design Guidelines (Note: CRA Design Guidelines are available on the CRA website. All proposed exterior improvements using CRA funds must be approved by the CRA Board. The CRA Board may make recommendations for exterior improvements based upon the CRA Urban Design Guidelines). • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in the Boynton Beach/Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a facade grant application. • Grant funding amounts will be based on the applicant's project budget specified at the time of the CRA approval. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Fagade Improvement Grant Program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applican seeks Initial + ix Page 2 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com reimbursement. To ensure that the property does not have any outstanding code liens, violations or monies owed for utilities the CRA will perform a lien search on the property at a cost of $115.00 which will be deducted from the grant funding to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the facade improvement project and submit for reimbursement within 120 days of the issuance date of the permit for the project. If CRA Board approves grant funding and the work being performed does not require a permit, the application for reimbursement must be within 120 days of the grant award. Failure to complete the improvements within the specified time frame will result in the property owner or tenant losing the grant reimbursement opportunity. Only one 60 day administrative extension will be permitted. • Project items completed and paid for more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program. • Items completed and paid for by the applicant prior to CRA Board approval may be excluded and/or denied at the CRA Board's sole discretion if the CRA Board determines the improvements are not consistent with the CRA's Design Guidelines. • Application and CRA Board approval of this grant is for funding only. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the CRA the rights and use of photos and project application materials. Projects and items eligible for funding under the program are limited to: • Decorative exterior facade • Patio decks connected to the improvements building • Landscaping around the building • Irrigation • ADA improvements • Exterior wall repairs (stucco, • Signage brick/wood repairs and • Exterior doors/windows replacement) • Exterior Lighting Initial Page 3 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com • Parking lot re -paving, re -sealing, re - striping • Fencing (excluding: chain link, barbed wire, and wood panels) • Electric vehicle charging station — See Attached ReNew PACE Eligible Product List • Demolition of structure and re - sodding of vacant property • Solar electricity and water heating — See Attached ReNew PACE Eligible Product List Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord -tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitted an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Initials Page 4 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first -serve basis. Application packets must include the following documentation: 1 Written detailed project budget describing the improvements to be done to the property. It must list all project costs the applicant is requesting for reimbursement. The project budget must provide a total cost of the project. 2 Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. 3. Copy of building permit receipt/application. If the permit has not been applied for t prior to submissions of the grant application, a copy of the building permit receipt is due within 90 days of grant approval. Copy of Warranty Deed. Copy of executed multi-year commercial lease agreement. Copy of design and construction plans associated with the proposed improvements. sl A minimum of four color digital "before" photos of the project. Signage design. 9. Project color chips, material samples and material specifications, if applicable. Completed and signed application (attached). W9 Form (attached). City Planning and Development Department Acknowledgement Form (attached). ity Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 12 and 13) must be completed and submitted to the appropriate departments located at City Hall 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. Initials t � Page 5 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement This program is designed as a matching 50% grant. All work must be completed and paid for by the applicant prior to the release of CRA funds. The CRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full". Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item will be supported by a canceled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. Initial Page 6 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com 3. Proof that the work has been approved by the City of Boynton Beach Building Department, i.e. Copy of Certificate of Occupancy/Completion 4. CRA has received copies of final inspection approvals for all work that requires a permit. 5. Entire scope of work for eligible items is completed. 6. A minimum of 4 color "after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees, and permits. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Facade Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initial Page 7 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com l \ 11 O ► BUSINESS INFORMATION: Business Name (d/b/a if applicable): (`i irron4 Ri icinocc 4rlrlrocc- Fed ID#: , — Q i �-3 U 0'(i Business Phone Number: t j �- Cell: Website: Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: � New Business Address: 4 _ Square footage of current location: Lr Square footage of new location: ;. Type of Business: Lai �?,.��U- Number of Employees: t Hours of Operation: _ � ) cc, Page 8 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435 - Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com FTAWU 4 DUALI Mel i_ll' S PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: 0 Q VA Email: o0 "Q Residential Addres Cell Phone Number: Ci a e �Lr 5 2. Principal/Owner Name: 01 n _ nX0 Date of Birth: 0 L01 i I CC% Email: Residential Address: 'ic c �t 3 Cell Phone Number: @ k 60 . IA -z;1 T Principal/Owner Name: Date of Birth: Residential Address: Cell Phone Number: Email: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant as ' tant under any other program offered by the CRA? (Tier One Businesses Only): Yes V No If yes, what additional programs are you applying for:, s ' %�T�V-ItAIL Q-1 Page 9 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Are you receiving grant assistance under any other governmental agencies: Yes _ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: �??" I nnrllnrrl'c KAnilinn ArMracc- Lanaiora s t'none IVumDer: Page 10 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Facade Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that 1 am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Facade Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the CRA may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. 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, employers or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. Initials 41e. Page 11 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials Page 12 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Pr pal/O n isSign r Da e Printe-"ame ,O Title 2. ti- I i Princip I Owne 's i nature a Date W� KA- PrintedName 3. Title Principal/Owner's Signature Date Printed Name 4. Title Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ' 5 who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of '1 20Z V P Vommission Expires: ZpRY Bonnie Nicklien Page 13 of 14 NOTARY PUBLIC Commercial Facade '-STATE OF FLORIDA Conn Gr - 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 , x:° www.catchboynton.com 4 // rd's i ure Printed Name 2. Landl rd's Si ature Printed Name ■ Kej-Q •'[01 kql , Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATEOF �01241?A- COUNTY OF f kl,,tA 13EPKr� BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared IC,1 ho is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and Cou y aforesaid on this 0711- day of l 20 ) . M mmission Expires: Ronnie Nicklien NOTARY PUBLIC Page 14 of 14 low STATE OF FLORIDA Comm#GGIO8394 Commercial Facade Expires 5/25/2121 710 North Federal Highway, Boynton Beach, FL 33435 — Phone (561) 737 -3256 Fax (561) 737 -3258 www.catchboynton.com 1 � tli Date Title Date Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATEOF �01241?A- COUNTY OF f kl,,tA 13EPKr� BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared IC,1 ho is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and Cou y aforesaid on this 0711- day of l 20 ) . M mmission Expires: Ronnie Nicklien NOTARY PUBLIC Page 14 of 14 low STATE OF FLORIDA Comm#GGIO8394 Commercial Facade Expires 5/25/2121 710 North Federal Highway, Boynton Beach, FL 33435 — Phone (561) 737 -3256 Fax (561) 737 -3258 www.catchboynton.com •MA 0 • * • ill - CRA Grant Applicant: 1 ? , L -L(-- has met with the City's Planning & Development Department to review the improvements that will done on the property located at:-'7—o(,c5 List of Improvements: L x .�-a cs 1- ?00 V'\` 5icw\ C'L,ov,c- City of Boynton Beach Planning & Development Dept. Reviewed by: '-- Date: / // 1 Requirements: M Wz%� J1 MO-&rl a4 7-70A) " - '' r► ,7►► 710 North Federal Highway, Boynton Beach, FL 33435 — Phone (561) 737 -3256 Fax (561) 737 -3258 www.catchboynton.com CRA Grant Applicant: '1(-)(D5 s LL has met with the City's Permit Department to review the improvements that will done on the property located at: 'L :a r-1 S. F� , r01 \ List of Improvements: City of Boynton Beach Permit Dept. Reviewed by: Date: /c/ Requirements: C cr d� /L: g. C ✓t -,p p t, Q1 �2, &i'.viJS f 710 North Federal Highway, Boynton Beach, FL 33435 — Phone (561) 737 -3256 Fax (561) 737 -3258 www.catchboynton.com A 6: Mil 6 - -XIMM CRA Grant Applicant: '1(-)(D5 s LL has met with the City's Permit Department to review the improvements that will done on the property located at: 'L :a r-1 S. F� , r01 \ List of Improvements: City of Boynton Beach Permit Dept. Reviewed by: Date: /c/ Requirements: C cr d� /L: g. C ✓t -,p p t, Q1 �2, &i'.viJS f 710 North Federal Highway, Boynton Beach, FL 33435 — Phone (561) 737 -3256 Fax (561) 737 -3258 www.catchboynton.com LEASE AGREEMENT BETWEEN EG REAL ESTATE, LLC, a Florida limited liability company AS LANDLORD AND DRIFTWOOD 2005, LLC, a Florida limited liability company AS TENANT Restaurant Property/Location/Improvements BOYNTON BEACH, FLORIDA LEASE AGREENIENT THIS LEASE AGREEMENT ("Lease") made as of the 1st day of September 2017 by and between EG REAL ESTATE, LLC, a Florida limited liability company (hereinafter referred to as the "Landlord") and DRIFTWOOD 2005, LLC, a Florida limited liability company. (hereinafter referred to as the "Tenant"). ARTICLE I BASIC DATA Section 1.1 The following sets forth basic data hereinafter referred to in this Lease, and, where appropriate, constitute definitions of the terms hereinafter listed. (a) Demised Premises: 2005 South Federal highway, Boynton Beach, Florida 33435 including use of the land, parking, freestanding restaurant, appliances, parking and all signage and appurtenances to the land and restaurant. (b) The Tenant: Driftwood 2005, LLC, a Florida limited liability company. Mailing Address of the Tenant: 2005 South Federal Highway, Boynton Beach, Florida 33435 (c) The Landlord: EG REAL ESTATE, LLC Landlord's Notice Address: 2005 South Federal Highway, Boynton Beach, Florida 33435 Attention: James Everett, Manager (d) Term/Commencement: 10 years commencing on the I" Day of September 2017 (the "Commencement Date" and expiring on 31 day of August 2027. In the event Tenant shall exercise any of the Renewal Options, such option periods shall be included within the definition of Term. (e) Renewal Options: Three (3) options often (10) years. (t) Minimum Rent: Lease Year l: Annual Base Rent Monthly Rent $90,000.00 $7,500.00 (g) Annual Percentage Increase of Base Rent: 2% (h) Security Deposit: $7,500.00 (due on the third month following inception of lease). (i) Estimated Taxes: $8,500 per year, to be paid as Additional Rent (1) Estimated Common Area Expenses Monthly Payment: $500.00 per month, to be paid as Additional Rent (k) The term "Lease Year" shall mean each twelve (12) month period during the Term commencing on the Commencement Date and each anniversary thereof. (1) The term "Calendar Year" means a period of twelve (12) consecutive calendar months from the first day of January through the following December 31. ARTICLE lI PREMISES Section 2.1 The Landlord hereby leases to the Tenant and the Tenant hereby leases from the Landlord, upon and subject to the terms and provisions of this Lease, the premises (hereinafter referred to as the "Demised Premises") located and known as 2005 South Federal Highway, Boynton Beach 33435 currently known as Scully's Restaurant located in Boynton Beach, Florida. The Demise Premises shall include the land, parking, signage, restaurant building, appliances, and all appurtenances. Section 2.2 This Lease and the Demised Premises are subject and subordinate to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations and all other encumbrances, covenants, restrictions, declarations, easements and agreements now or hereafter affecting the Demised Premises. ARTICLE III "PERM OF'LEASE Section 3.1 In addition to the Term set forth above, Tenant shall have and is hereby granted three (w) options to extend the Term for an additional ten (10) years (the "Renewal Term"), upon the same terms, covenants, conditions and Rent as set forth herein, subject to adjustments to Minimum Rent; provided that Tenant is not in default of this Lease at the time of exercise of each renewal option, nor in default on the date of commencement of each Renewal Term. Tenant may exercise the renewal option only by giving irrevocable and unconditional notice thereof to Landlord not less than six (b) months prior to the expiration of the initial Tema or the current Renewal Term. Should Tenant fail to give Landlord such timely written notice, all remaining rights of renewal shall automatically expire. Time is of the essence of this provision. Section 3.2 If as of the date of this termination of the Lease the Demised Premises are occupied by Tenant and such Tenant shall hold over and Landlord cannot acquire possession of the Demised Premises, Tenant shall be deemed a holdover tenant and shall be required to pay Landlord twice the monthly Rent otherwise due, plus any and all attorney fees incurred by Landlord to evict Tenant following termination. ARTICLE IV MINIMUM RENT Section 4.1 Tenant shall pay without notice, demand or offset to the Landlord, at the Landlord's Rent Payment Address, or at such place as the Landlord shall from time to time designate in writing, Minimum Rent for the Demised Premises at the rate specified, and proportionately at such rate for any partial month, which Minimum Rent shall be paid monthly, in advance, on the first day of each and every calendar month during the Term hereof, the fast such payment to be made on the Commencement Date. For and with respect to each installment of Minimum Rent that is not received in -hand by Landlord within three (3) days of the date due, the Tenant shall pay to the Landlord on demand, as additional rent, a late charge in an amount equal to five percent (5%) of the amount of the overdue payment for the purpose of defraying Landlord's administrative expenses relative to handling such overdue payment. Section 4.2 Tenant shall also pay, as additional rent, all sales or use or excise taxes imposed, levied or assessed against the Minimum. Rent or any other charge or payment required by any governmental authority having jurisdiction thereover, even though the taxing statute or ordinance may purport to impose such sales, use or excise taxes against the Landlord. The payment of sales, use and/or excise taxes shall be made by Tenant on a monthly basis, in advance, concurrently with payment of the Minimum Rent. Section 4.3 If directed by Landlord, "Tenant shall make payments of Minimum Rent and other charges to a so-called "lock box" (the "Lock Box") at a Florida bank or such other institution as Landlord may designate from time to time, which must be received at the Lock Box no later than three (3) days after due date. Section 4.4 Tenant shall pay the sum (if any) specified to Landlord simultaneous with the execution of this Lease to be applied (subject to collection if such sum is paid in the form of a check) towards the fust monthly installment of Minimum Rent due under this Lease. ARTICLE V TAXES Section 5.4 The term "Taxes" as hereby defined to mean all general and special taxes, including existing and future assessments for road, sewer, utility and other local improvements, and other governmental fees and/or charges which may he lawfully charged assessed, or imposed upon all or any portion of the land and/or improvements constituting the Demised Premises. The Landlord shall pay, or cause to be paid, before the same become delinquent. all Taxes, provided however, that Landlord may defer compliance therewith if permitted by the laws of the State of Florida so long as the validity or amount thereof is contested by the Landlord in good faith and so long as the Tenant's occupancy of the Demised Premises is not disturbed or threatened. Section 5.5 The Tenant shall pay all taxes which may be lawfully charged, assessed, or imposed upon all fixtures and equipment and personal property in the Demised Premises, and the Tenant shall pay all license fees and other charges which may lawfully be imposed upon the business of the Tenant conducted from the Demised Premises. Section 5.6 The Tenant shall, during the Tenn of this Lease, pay to the Landlord the Tenant's proportionate share of the Taxes as shall result from multiplying the Taxes by a fraction, the numerator of which is the total Gross Leasable Area of the Demised Premises and the denominator of which is the total Gross Leasable Area of all buildings located in the Demised Premises as of the first day of each applicable tax year during the Tenn hereof, provided, however, with respect to any buildings located in the Demised Premises (and any land appurtenant thereto) which are now or hereafter separately owned or assessed the Taxes relating thereto shall be deemed not to be "Taxes" hereunder, and the gross leasable area thereof shall be excluded from the denominator of such fraction. There shall also be excluded from the denominator of such fraction the Cross Leasable Area of non -sales mezzanines (if any), passageways, service corridors, Demised Premises offices located at the Demised Premises, storage areas, utility rooms, Demised Premises sprinkler rooms and other non-commercial areas and the area of any outdoor seating and outdoor areas. Section 5.4 The Tenant's proportionate share of Taxes shall be due and payable within ten (10) days after receipt by the Tenant of the Landlord's invoice accompanied by a statement in reasonable detail of the calculation of the amount due. However, if requested by Landlord, the Tenant shall make estimated monthly tax deposits with the Landlord (along with payments of Minimum Rent) in an amount equal to one -twelfth (1112th) of the Tenant's annual proportionate share of Taxes, with a final adjustment to be made between the parties based on the actual tax bill(s) as soon as said proportionate share has been determined. In every case, Taxes shall be adjusted to take into account any abatement or refund thereof paid to the Landlord, less all of the Landlord's costs of securing such abatement or refund (the Landlord having the sole right to contest Taxes). Section 5.5 The foregoing provisions of this ARTICLE V are predicated upon the present ad valorem system of real estate taxation in the State of Florida. Should any governmental authority having jurisdiction overall or any portion of the Demised Premises impose a tax and/or assessment of any kind or nature upon, against, measured by or with respect to the rentals payable by tenants in the Demised Premises to the Landlord or with respect to the ownership of the land and buildings comprising the Demised Premises by the Landlord (or any individual or entity forming the Landlord) or measured by or with respect to any other matter, either by way of substitution for all or any part of the present ad valorem real estate taxes or in addition thereto, then such tax and/or assessment shall be deemed to constitute "Taxes" for the purposes of this Lease and the Tenant shall be obligated to pay its proportionate share thereof. Nothing in this ARTICLE V contained shall be construed to include within the term "Taxes" any inheritance, estate, succession, transfer, gift, franchise, corporation, net income or net profit tax, or any capital levy that is or may be imposed upon Landlord. ARTICLE VI MAINTENANCE OF COMMON AREAS; AND THE TENANT'S CONTRIBUTION Section 6.7 The term Common Areas, as used in this Lease, shall include the parking areas, pedestrian sidewalks, truckways, loading docks, delivery areas, public restrooms and comfort stations, if any, service areas, landscaped areas, berms and all other areas or improvements in the Demised Premises which may be provided for the convenience and use of the occupants and tenants of the Demised Premises and their respective agents, employees, customers, invitees, and the licensees and invitees of Landlord. The use and occupancy by Tenant of the Demised Premises shall include the non-exclusive use, in common with all others to whom the Landlord have or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Demised Premises), of the Common Areas and of such other common facilities as may be designated by the Landlord from time to time. Landlord may at any time close temporarily the Common Areas (including, without limitation, the parking facilities and roadways) or any portion thereof to make repairs or changes to prevent the acquisition of public rights therein, or to discourage noncustomer parking, and may do such other acts in and to the Common Areas as in its judgment may be desirable to improve the convenience thereof, which shall not reduce the rent due from the Tenant to the Landlord. Section 6.8 Tenant shall pay its proportionate share of all costs and expenses ("Common Area Expenses") of every kind and nature paid or incurred by Landlord in cleaning, operating, managing, equipping, decorating, policing (if and to the extent provided by the Landlord), lighting, repairing, replacing and maintaining all parking facilities, utilities and facilities serving and/or required to be maintained by the Demised Premises from time to time (including pylon, monument, electronic or other signs used to advertise or promote the Demised Premises, landscaping, gardening, parking facilities and access ways contiguous with the Demised Premises and/or available for use by occupants of the Demised Premises by reason of agreements or easement rights) and all taxes, assessments, costs and other expenses related thereto. Such costs and expenses shall include (but shall not be limited to) water and sewer charges, utility system installation charges and assessments, and costs of the operation, maintenance and repair of any stormwater drainage facilities and septic system; costs of all roof and other maintenance and repairs performed by the Landlord; costs of the installation, operation, maintenance, repair and replacement of any energy management system; premiums for liability, property damage, fire, workers' compensation, and other insurance (including all insurance, hazard, rent and otherwise, from time to time carried by the Landlord on any or all structures on the Demised Premises); all maintenance, repair, replacement, insurance, utility costs and all other costs and expenses incurred by Landlord in providing off-site parking spaces or facilities serving the Demised Premises. Section 6.3 Tenant's proportionate share of Common Area Expenses shall be that portion of such expenses which the number of square feet of Gross Leasable Area in the Demised Premises bears to the total number of square feet of Gross Leasable Area of all buildings in the Demised Premises. For purposes of determining the Tenant's proportionate share of such costs, the denominator shall be the Gross Leasable Area in the Demised Premises, other than the Gross Leasable Area of the premises to which such Common Area Expenses do not relate. The "Tenant's proportionate share of Common Area Expenses shall be paid in monthly installments, in the amount reasonably estimated from time to time by the Landlord on the first day of each and every calendar month, in advance, without offset or demand. No later than one hundred twenty (120) days after the end of the first full Calendar Year following the Commencement Date and within one hundred twenty (120) days after the end of each full Calendar Year thereafter, the Landlord shall furnish to the Tenant a statement In reasonable detail setting forth the computation of such total Common Area Expenses. Landlord shall be permitted to describe areas of expenditure by category and shall not be obligated to enumerate each specific expenditure. In the event that such annual statement shall reflect an overpayment by Tenant of Common Area Expenses for such Calendar Year, Landlord shall promptly refund to Tenant the amount of such excess or, in lieu thereof credit the amount of such excess toward the Common Area Expenses neat due from Tenant hereunder, except that if such overpayment shall have been made for the last full or partial Calendar Year of the Term hereof, Landlord shall refund such excess to Tenant promptly following the furnishing of such statement to Tenant, provided that Tenant then has no outstanding payment obligations to Landlord. In the event that such statement shall reflect an additional amount on account of Common Area Expenses due from Tenant, Tenant shall pay such amount to Landlord within ten (10) days following receipt of such statement. The foregoing is intended to require that Landlord shall receive the entire amount of the Tenant's proportionate share of Common Area Expenses computed as aforesaid, and no more. Anything in this Lease to the contrary notwithstanding, it is expressly understood and agreed that the designation or use from time to time of portions of the Demised Premises as Common Areas shall not restrict the Landlord's use of such areas for buildings, structures and/or for retail or such other purposes as the Landlord shall determine, including, without limitation, the expansion or remodeling of the Demised Premises to include one or more additional stores (on the present and/or additional levels), the Landlord hereby reserving the unrestricted right to build, add to, subtract from, lease, license, relocate and/or otherwise use (temporarily and/or permanently), any buildings, kiosks, other structures, parking areas, roadways or other areas or facilities anywhere upon the Demised Premises. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have no right to seek damages or to cancel or terminate this Lease because of any proposed or actual changes, expansion, renovation or reconfiguration of the Demised Premises nor shall Tenant have the right to restrict, inhibit or prohibit any such changes, expansion, renovation or reconfiguration. ARTICLE VII UTILITIES Section 79 Beginning on the date of delivery of possession of the Demised Premises, the Tenant shall pay for all of its requirements for utilities, including, but not limited to, gas, water, electricity, sewer charges, and the like, including all utilities necessary for heating and air conditioning its premises (including the Tenant's proportionate share, computed in accordance with Section 8.2 hereof of any premium or guaranteed payment assessed by any utility company against the Demised Premises). In the event that the Landlord shall elect to supply any utilities, then, insofar as and to the extent that such is permitted pursuant to applicable law and the regulations of the applicable utility company, the Tenant agrees to purchase the same from the Landlord, provided the rate does not exceed the rate which the Tenant would be required to pay on a metered basis to the utility company furnishing the same to the Demised Premises. Landlord shall not be liable to Tenant for any loss, damage or expense which Tenant may sustain if the utilities, or the quality or character of utilities, used upon or furnished to the Demised Premises are no longer available or suitable for Tenant's requirements, or if the supply of any such utility ceases or is interrupted as a result of any cause and no such change, interruption or cessation of service shall constitute an eviction of 'Tenant. Landlord shall have the right to reduce heat, water, lighting and air conditioning within the Demised Premises, including, without limitation, the Demised Premises and the Common Areas, as required by any mandatory or voluntary fuel or energy saving allocation, or any similar statute, regulation, order or program. AR'T'ICLE VIII USE OF PREMISES Section 8.10 It is understood, and the Tenant so agrees, that the Demised Premises during the Term of this Lease shall be used and occupied by the Tenant only for legal purposes approved in writing by Landlord. Section 8.2 'Tenant shall, at Tenant's sole cost and expense, comply with all county, municipal, state, federal laws, orders, ordinances and other applicable requirements of all governmental authorities, now in force, or which may hereafter be in force, pertaining to, or affecting the condition, use or occupancy of the Demised Premises, and shall faithfully observe in the use and occupancy of the Demised Premises all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force. Without limiting the generality of the foregoing, Tenant, within the Demised Premises, shall be responsible, at Tenant's sole cost and expense, for compliance with the Americans with Disabilities Act (42 U.S.C. § 12101 et. seq.) and the regulations and Accessibility Guidelines for Buildings and Facilities issued pursuant thereto. Tenant shall indemnify, defend and hold harmless Landlord from and against any and all claims, actions, damages, liability and expenses (including, but not limited to, attorneys' and other professional fees) resulting from Tenant's failure to perform its obligations under this Section. "The foregoing indemnification shall survive the expiration or earlier termination of this Lease. Section 8.3 Tenant shall not cause or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated or disposed of on or in the Demised Premises by Tenant, or Tenant's agents, employees, contractors or invitees, without first obtaining Landlord's written consent, which may be withheld in Landlord's sole discretion. AR'T'ICLE IX MAINTENANCE OF BUILDING, ETC. Section 9.11 The Tenant agrees to keep in good order, condition, and repair the roof, foundations and structural portions of the Demised Premises. Section 9.12 Except as specifically herein otherwise provided, the Tenant agrees that from and after the date that possession of the Demised Premises is delivered to the Tenant, and continuously thereafter until the end of the Term hereof, it will keep neat and clean and maintain in good order, condition and repair, the Demised Premises and every part and system thereof. With respect to the HVAC system and equipment, the Tenant specifically agrees to maintain at all times during the Term of this Lease the usual service contract with respect thereto, furnishing evidence thereof (including renewals) to the Landlord. Section 9.13 The Tenant shall not make any alterations, improvements and/or additions to the Demised Premises without first obtaining, in each instance, the written consent of the Landlord, which shall not be unreasonably withheld or delayed with respect to interior non-structural alterations. ARTICLE X INDEMNITY Section 4.14 The Tenant shall indemnify and save harmless the Landlord and the Landlord's managing agent from and against all claims of whatever nature arising from any act, omission or negligence of the Tenant, or the Tenant's contractors, licensees, invitees, agents, servants, or employees, or arising from any accident, injury, or damage whatsoever caused to any person, or to the property of any person, or from any violation of applicable law including, without limitation, any law, regulation, or ordinance concerning trash, hazardous materials, or other pollutant occurring from and after the date that possession of the Demised Premises is delivered to the Tenant and until the end of the Term hereof in or about the Tenant's Demised Premises, or arising from any accident, injury or damage occurring outside of the Demised Premises but within the Demised Premises, where such accident, damage or injury results or is claimed to have resulted from an act or omission on the part of the Tenant or the Tenant's agents or employees. This indemnity and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof and shall survive the expiration or earlier termination of this Lease. Section 10.15 Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any pipes, appliances or plumbing works or from the roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature. Landlord shall not be liable for any such damage caused by other tenants or persons in the Demised Premises, occupants of the Demised Premises or adjacent property, or the public, or caused by operations in construction of any private, public or quasi -public work. All property of Tenant kept or stored on the Demised Premises or Common Areas shall be so kept or stored at the risk of Tenant only and Tenant shall hold Landlord harmless from any and all claims arising out of damage to same, including subrogation claims by Tenant's insurance carriers. The provisions of this Section shall apply during the whole of the Term hereof, and in view of the permission given to the 'Tenant to install fixtures and do certain work prior to the Commencement Date, shall also apply at all time prior to the Commencement Date. ARTICLE XI ASSIGNMENT, SUBLETTING AND ENCUMBERING LEASE Section 11.16 No Assignment. Subletting nor Encumbering of Lease. Notwithstanding any other provisions of this Lease, Tenant covenants and agrees that it will not assign this Lease or sublet (which term, without limitation, shall include the granting of concessions, licenses, and the like) the whole or any part of the Demised Premises without in each instance having first received the express written consent of Landlord. Landlord agrees that it shall not act unreasonably in the withholding of its consent to any such assignment or subletting. Notwithstanding the provisions of the foregoing sentence, Tenant shall not have the right to transfer in any other manner or hypothecate its interest in this Lease, whether by way of leasehold mortgage, collateral assignment or any other security arrangement or otherwise without the prior written consent of Landlord, which may be granted or withheld in Landlord's sole and absolute discretion. Section 11.17 Rent Acceptance. The acceptance of Rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subleasing shall not be deemed consent to any subsequent assignment or subleasing. If any assignee of Tenant or any successor of Tenant defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee or sublessee. ARTICLE XII INSURANCE Section 124.1 Tenant's Insurance. Tenant, at Tenant's sole cost and expense, shall obtain and maintain in effect commencing with the delivery of possession of the Demised Premises to Tenant and continuing throughout the Term, insurance policies providing for the following coverage: (1) all-risk property insurance against tire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as now are or hereafter may be included in Special Form (All Risk) Coverage in general use In the State of F9orida, insuring Tenant's Work, Tenant's leasehold improvements, Tenant's merchandise, trade fixtures, furnishings, wall covering, carpeting, drapes, equipment and all items of personal property of Tenant and of anyone claiming by, through or under Tenant located on or in the Demised Premises, and the amount of such insurance will be set forth in an "agreed value endorsement" to the policy of such Insurance, not less than one hundred percent (100%) of the full replacement value thereof without deduction for depreciation. Any and all proceeds of such insurance, so long as the Lease shall remain in effect, shall be used only to repair or replace or pay for the items so insured unless this Lease shall cease and terminate under this lease, in which event of termination such proceeds attributable to said "t'enant's Work" and leasehold improvements (and to all other items of property becoming or to become the property of Landlord upon such termination) shall be paid and disbursed directly to Landlord; (ii) a commercial general liability policy, including insurance naming Landlord, Landlord's management agent for the Demised Premises and any mortgagee of the Demised Premises as additional insureds, protecting against any and all claims for injury to persons or property (without any so-called employee exclusion or the like) occurring in or about the Demised Premises and protecting against assumed or contractual liability under this Lease with respect to the Demised Premises and the operations of Tenant and any subtenant of Tenant in, on or about the Demised Premises, with such policy to be in the minimum amount of Five Hundred Thousand Dollars ($500,000.00) combined single limit coverage with a deductible not to exceed $10,000.00; (iii) products liability insurance for merchandise offered for sale or lease from the Demised Premises, including (if this Lease covers portions of the Demised Premises in which food and/or beverages are sold and/or consumed) liquor liability coverage (if applicable to Tenant's business) and coverage for liability arising out of the consumption of food and/or alcoholic beverages on or obtained at the Demised Premises, of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for personal injury and death and property damage; (iv) workers' compensation coverage as required by law, and (v) with respect to alterations, improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builders risk insurance in amounts satisfactory to Landlord. From time to time during the Tenn of this Lease, at Landlord's request, Tenant covenants and agrees to increase the limits of such insurance as Landlord shall reasonably require. Section 12.2 Waiver of Subrogation. Landlord and Tenant shall each be released from any liability (by way of subrogation or otherwise) for loss or damage to any building, structure or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, resulting from damage by fire or casualty (irrespective of the cause of such fire or casualty) to the extent that such loss or damage is insured or required to be insured under this Lease. ARTICLE V DAMAGE CLAUSE Section 135.1 Fire or Other Casualty. Tenant shall give prompt notice to Landlord in case of fire or other casualty ("Casualty") to the Demised Premises. Section 5.2 Right to Terminate. (a) If (i) the buildings (taken in the aggregate) in the Demised Premises or the building which contains the Demised Premises is damaged to the extent of more than fifty percent (501/4) of the cost of replacement thereof; or (ii) during the last two years of the Term the Demised Premises are damaged to the extent of more than thirty-three and one-third percent (331/3%) of the cost of replacement thereof, or (iii) the Demised Premises are damaged to the extent of fifty percent (50%) or more of the cost of replacement thereof and such damage cannot be repaired within twelve (12) months from the date of such occurrence; then Landlord may terminate this Lease by notice to Tenant within sixty (60) days after the date of the Casualty. If Landlord so terminates this Lease then the termination date of this Lease shall be the date set forth in the notice to Tenant, which date shall not be less than thirty (3 0) days nor more than ninety (90) days after the giving of said notice. The "cost of replacement" shall be determined by the company or companies insuring Landlord against the Casualty, or, if there shall be no such determination, by a qualified contractor selected by Landlord to determine such "cost of replacement." (b) Upon any termination of this Lease under any of the provisions of this Article, the portion of the proceeds of the Tenant's All Risk insurance provided for in this Lease which is allocable to the Tenant's Work, Tenant's leasehold improvements, equipment, fixtures and other items, which, by the terms of this Lease, rightfully belong to Landlord upon the termination of this Lease by whatever cause, shall be paid by the insurance company or companies directly to Landlord, and shall belong to and be the sole property of Landlord. ARTICLE VI EVENTS OF DEFAULT Section 14.1 Default. The occurrence of any one or more of the following events shall constitute a "Default" by Tenant and shall give rise to Landlord's remedies set forth in Section 14.2 below: (i) if Tenant vacates or abandons the Demised Premises or fails to continuously operate its business in the Demised Premises in compliance with this Lea; (ii) failure to make when due any payment of Rent, unless such failure is cured within five (5) days; (iii) failure to observe or perform any term or condition of this Lease other than the payment of Rent (or the other matters expressly described herein), unless such failure is cured within any period oftime following notice expressly provided with respect thereto in other Articles hereof, or otherwise fifteen (15) days following notice (provided, if the nature of Tenant's failure is such that more time is reasonably required in order to cure, Tenant shall not be in Default if Tenant commences to cure promptly within such period, diligently seeks and keeps Landlord reasonably advised of efforts to cure such failure to completion, and completes such cure within, thirty (30) days following Landlord's notice); or (iv) failure to cure immediately upon notice thereof any condition which is hazardous, materially interferes with another tenant or the operation or leasing of the Demised Premises, or may cause the imposition of a fine, penalty or other remedy on Landlord or its agents or affiliates. Section 14.2 Remedies. If a Default occurs, Landlord shall have the rights and remedies hereinafter set forth to the extent permitted by law, which shall be distinct, separate and cumulative with and in addition to any other right or remedy allowed under any law or other provision of this Lease: (a) Landlord may terminate this Lease and Tenant's right of possession, reenter and repossess the Demised Premises by detainer suit, summary proceedings or other lawful means, and recover from Tenant: (i) any unpaid Rent as of the termination date, (ii) the amount by which: (a) any unpaid Rent which would have accrued after the termination date during the balance of the Term exceeds (b) the reasonable rental value of the Demised Premises under a lease substantially similar to this Lease, taking into account among other things the condition of the Demised Premises, market conditions and the period of time the Demised Premises may reasonably remain vacant before Landlord is able to re -lease the same to a suitable replacement tenant, and Costs of reletting that Landlord may incur in order to enter such replacement lease, or (iii) any other amounts necessary to compensate Landlord for all damages proximately caused by Tenant's failure to perform its obligations under this Lease. For purposes of computing the amount of Rent herein that would have accrued after the termination date, Tenant's obligations for Taxes, Common Area Expenses and Percentage Rent shall be projected based upon the average rate of increase in such items from the Commencement Date through the termination date (or if such period shall be less than three years, then based on Landlord's reasonable estimates). (b) Landlord may terminate Tenant's right of possession, reenter and repossess the Demised Premises by detainer suit, summary proceedings or other lawful means, without terminating this Lease, and recover from Tenant: (i) any unpaid Rent as of the date possession is terminated, (ii) any unpaid Rent which thereafter accrues during the Term from the date possession is terminated through the time of judgment (or which may have accrued from the time of an_y earlier judgment obtained by Landlord), and (iii) any other amounts necessary to compensate Landlord for all damages proximately caused by'fenant's failure to perform its obligations under this Lease, including all costs of reletting. Section 14.3 Landlord Default. In no event shall the Landlord be in default in the performance of any of the Landlord's obligations hereunder unless and until the Landlord shall have failed to perform such obligations within such time as is reasonably required to correct any such default after notice by the Tenant to the Landlord properly specifying wherein the Landlord has failed to perform any such obligation. Further, if the holder of a mortgage or deed of trust which includes the Demised Premises, notifies the Tenant that such holder has taken over the Landlord's rights under this Lease, the Tenant shall not assert any right to deduct the cost of repairs or any monetary claim against the Landlord from Rent thereafter due and payable, but shall look solely to the Landlord for satisfaction of such claim. ARTICLE VIIV MISCELLANEOUS PROVISIONS Section 15.1 Waiver. Failure on the part of the Landlord or the Tenant to complain of any action or non -action on the part of the other, no matter how long the same may continue, shall never be deemed to be a waiver by that party of any of its rights hereunder. No waiver at anytime of any of the provisions hereof by the Landlord or the Tenant shall be construed as a waiver of any of the other provisions hereof, and that a waiver at anytime of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provisions. The consent or approval of the Landlord or the Tenant to or of any action by the other requiring that party's consent or approval shall not be deemed to waive or render unnecessary that party's consent or approval to or of any subsequent similar act by the other. Unless expressly provided to the contrary, any consent required of the Landlord in any provision of this Lease may be withheld by the Landlord in its sole discretion unless the provision requiring such consent specifically states that the Landlord shall not withhold such consent unreasonably. Section 7.2 Covenant of Quiet Enjoyment. The Tenant, subject to the terms and provisions of this Lease on payment of the Rent and observing, keeping and performing all of the terms and provisions of this Lease on its part to be observed, kept and performed, shall lawfully, peaceably and quietly have, hold, occupy and enjoy the Demised Premises during the Term hereof without hindrance or ejection by any persons lawfully claiming under the Landlord; but it is understood and agreed that this covenant and any and all other covenants of the Landlord contained in this Lease shall be binding upon the Landlord and the Landlord's successors only with respect to breaches occurring during the Landlord's and the Landlord's successors' respective ownership of the Landlord's interest hereunder. Section 7.3 Notice to Mortgagee. Alter receiving written notice from any person, firm, or other entity, that it holds a mortgage (which term shall include a deed of trust) which includes as part of the mortgaged premises the Demised Premises, the Tenant shall, so long as such mortgage is outstanding, be required to give to such holder the same notice as is required to be given to the Landlord under the terms of this Lease, but such notice may be given by the Tenant to the Landlord and such holder concurrently. Section 15.4 Mechanics' Liens. Under Florida Section 713.10, Florida Statutes, the interest of Landlord in the Demised Premises, the Demised Premises or the improvements therein, shall not be subject to liens for any improvements made by or on behalf of the Tenant and it is specifically provided that neither Tenant nor any one claiming by, through or under Tenant, including, without limitation, contractors, subcontractors, materialmen, mechanics and/or laborers, shall have any right to file or place any mechanics' or materialmen's liens of any kind whatsoever upon the Demised Premises, the Demised Premises or the improvements thereon; and any such liens are hereby specifically prohibited. All parties with whom Tenant may deal are put on notice that Tenant has no power to subject Landlord's interest to any mechanics' or materialmen's lien of any kind or character, and all such persons so dealing with Tenant must look solely to the credit of Tenant, and not to Landlord's said interest or assets. Tenant shall provide written notice to each contractor, subcontractor, materialman, mechanic and laborer performing work in the Demised Premises of the foregoing. Section 15.5 Definition of Rent and Additional Rent. The term "Rent" shall mean all Minimum Rent, Percentage Rent, Taxes, Common Area Expenses and all other payments required to be paid by Tenant to Landlord under this Lease. Without limiting any other provision of this Lease, it is expressly understood and agreed that all Percentage Rent the Tenant's participation in Taxes, Common Area Expenses, utility charges, trash removal charges and all other charges which the Tenant is required to pay hereunder, together with all interest and penalties that may accrue thereon, shall be deemed to be additional (but not minimum) rent, and in the event of non-payment thereof by the Tenant, the Landlord shall have all of the rights and remedies with respect thereto as would accrue to the Landlord for non-payment of Minimum Rent. Section 15.6 Legal Expenses. If Landlord and Tenant are involved in any litigation regarding the performance of any of their obligations under this Lease, the unsuccessful party in such litigation by final order, decree or judgment of a court of competent jurisdiction shall reimburse the successful party for all reasonable legal fees and expenses incurred by such successful party in connection with obtaining such final order, decree or judgment. Section 15.7 Invalidity of Particular Provisions. If any term or provision of this Lease, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 15.8 Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the successors and assigns, respectively, of the Landlord and the Tenant. Each term and each provision of this Lease to be performed by the Tenant shall be construed to be both a covenant and a condition. Section 15.93 Governing Law. This lease shall be governed exclusively by the provisions hereof and by the laws of the State of Florida as the same may from time to time exist. Venue for any action arising under this Lease shall be in Broward County, Florida. Section 15.10 Recording. The Tenant shall not record this Lease or any memorandum or short form hereof without the written consent and joinder of the Landlord. Landlord shall have the right to record this I.,ease and, at the request of the Landlord, the Tenant agrees to execute the necessary acknowledgments required to record this Lease, in either short or long form. Section 15.4 Holding -Over. Any holding -over by the Tenant after the expiration of the Term of this Lease shall be treated as a tenancy at sufferance at two times the Rent and other charges specified herein (and if varying rates are specified herein, at three times the highest such rate), prorated on a daily basis, and shall otherwise be on the terms and conditions set forth in this Lease, so far as applicable. Section 15.10 Interest. All payments becoming due under this Lease and not paid when due shall bear interest from the applicable due date until received by the Landlord at the lesser of. (i) eighteen percent (18%) per annum; or (ii) the highest lawful rate of interest permitted at the time in the State of Florida. Section 15.11 Waiver of Jury Trial. LANDLORD AND TENANT EACH HEREBY WAIVES TRIAL, BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE OR THE USE AND OCCUPANCY OF THE PREMISES. Section 15.12 Landlord's Access to Demised Premises. The Landlord and its designees shall have the right upon reasonable prior written notice to Tenant (which notice shall not be required in the event of an emergency or if Landlord's entry shall be in the non-public areas of the Demised Premises only), to enter upon the Demised Premises at all reasonable hours for the purpose of inspecting or making repairs to the same or exhibiting the same to prospective purchasers and lenders. In making such entry, Landlord shall not unreasonably interfere under the circumstances with Tenant's business operations in the Demised Premises. If repairs are required to be made by the Tenant pursuant to the terms hereof or if the Tenant is required to perform any other obligation under this Lease, the Landlord may demand that the Tenant make such repairs or perform such obligation forthwith, and if the Tenant refuses or neglects to commence such repairs or performance and complete the same within ten (10) days after such demand, the Landlord may (but shall not be required to) make or cause such repairs or performance to be done and shall not be responsible to the Tenant for any loss or damage that may accrue to its stock or business by reason thereof. Section 15.13 Liability of Landlord. Anything contained in this Lease, at law or in equity to the contrary notwithstanding, Tenant expressly acknowledges and agrees that there shall at no time be or be construed as being any personal liability by or on the part of Landlord under or in respect of this Lease or in any way related thereto or the Leased Premises; it being further acknowledged and agreed that Tenant is accepting this Lease and the estate created hereby upon and subject to the understanding that it shall not enforce or seek to enforce any claim or judgment or any other matter, for money or otherwise, personally or directly against any officer, director, stockholder, partner, principal (disclosed or undisclosed), representative or agent of Landlord, but will look solely to the Landlord's interest in the Demised Premises for the satisfaction of any and all claims, remedies or judgments (or other judicial process) in favor of Tenant requiring the payment of money by Landlord in the event of any breach by Landlord of any of the terms, covenants or agreements to be performed by Landlord under this Lease or otherwise, subject, however, to the prior rights of any holders of any mortgages encumbering the Demised Premises, and no other assets of Landlord shall be subject to levy, execution or other judicial process for the satisfaction of Tenant's claims; such exculpation of personal liability as herein set forth to be absolute, unconditional and without exception of any kind. SIGNATURE PAGE FOLLOWS ON NEXT PAGE WITNESS the execution hereof under seal in any number of counterpart copies, each of which shall be deemed an original for purposes day and year first above WITNESS: TENANT: DRIFTWOOD 2005, LLC, a Florida limited liability company By: -- ---• e,�'-' (as to Tenant) Print N e: v r Its: err (as to Tenant) Date: 'L0 i"Z EG REAL ESTATE LLC,, a Florida limited liability company By: -L, (as to Landlord) Print N e: ''yerett Its: M er (as to Landlord) Date: T11-0111-01-1 State of Florida 9 County of Palm Beach Subscribed and sworn to (or affirmed) before me on this day of - 2017 , by!� proved to me on the basis of satisfactory evidence to be the persons) who appeared befor me. 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INVOICE Paid Oct 13, 2017 me Shipping . im * E PayPal: Transaction Details October 13, 2017 Focal Point LLC Payment Paid with Seller info VISA x-9088 Focal Point LLC You'll see "PAYPAL *FOCALPOINTL" on your card Purchase details statement. Ship to Jimmy Everett Shipping 742 Place Chateau Delray Beach, FL 33445 Total United States Transaction ID 85641198156782258 Return shipping refunds For more info See Terms Need help? If there's a problem, make sure to contact the seller through PayPal by April 11, 2018. 1/2/18, 9:30 AM -$650.00 $500.00 $150.00 $650.00 https://www.paypal.com/myaccount/transaction/print-details/8S641198IS6782258 Page 1 of 2 Driftwood-1.jpg 1/2/18, 9:25 AM about:blank Page 1 of 1 DRIFTWOOD 2005 LLQ: 1061 2005 S Federal Hwy Boynton Beach, FL 33435 DATE 63-466/631 � CHECK R�@4Q� PAY TO THE ORDER OF � p � V s p ram% y bd' - PhoCo DOLLARS ® Dappsit© uoiaiw o„ n�u, FOR t y/ a52'r� I100000 106 Lu® o8063 L0466 i® 0 L? LLSSL2 no Exterior Build Out Budget Paint s Materials Total: $695.24i Taxes: $48.321 Total Amount: c $739.70; Awning 1 ! New Cover (fabric) $1570.00; i !Prime of rusted areas and $350.001 ,framework s Total Amount: $1920.00' Total Amount: $1850.00 Total Project Budget: $4509.701 — SAL E SALESC S1111[l] 2384242 TRANS#: 19915526 12-10-17 760454 12-01 CR BLINDFOLD UAL 29.88 6 9 4.98 SUBTOTAI: 29.88 [AX: 2.10 INVOICE 10238 f(IIAL: 31.98 UISA: 31.98 UISA:XXXXXXXXXXXX9086 AMOUNI*:31.98 AUrfft):011116 CHIP HU10:111110186246 12110111 09:19:00 CUSTOMER CUE: no APL: VISA DEBIT TUR: uk: 8080008000 AID: AOOUO000031010 TSI: 6800 r SfORE:cilll TERMINAL: 10 12/10/17 09:20:00 a T'EMS PURCHASU--.D: 6 CXCIUGEb 'EES, , S AND SPECIAL ORUER 1116 fHANK. YOU FOR ,'jHuPPIN6 LOUE'S, SEE REVERSE SIDE FUk RETURN POLICY. STORE MANAGER: JIMMY MCNAMAHA L(A*'S PRICE 11AICH GUARANTEE fuR moff I)EIA0 ,, VISIT LOUES.1-UHIPRICEMATC14 spyxI"f!,nf fi $ f f - t f 1 t i - f f if 1.+ 1 f + f f f if t++ YOUR OPINIONS COUNT! REGISTER FOR n CHANCE TO BE ONE OF FIVE $300 @TUNERS DROUR NONffty! iREGISTRESE EN El. SORTEO MENSUAL PARA SER UNO DE LOS CINCO GANADORES DE $3UO! REGISTER by CompLulm A GUEST SATISFACTION SURVEY WITHIN ONE WEEK AT: j«tjjooes.rom/suruey Y 0 u R 1 0 0 10238 1111 344 NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. MUST BE 18 OR OLDER Tu ENTER. OFFICIAL, RULES & WINNERS AT: tluti.lowes.com/surm STORE: 1111 TERMINAL, 10 12110/17 09:20.00 m More saving. More doing' BOYNTON BEACH HOME DEPOT (561)364-9600 STORE MANAGER GEOFF 0224 00057 28944 12/14/17 09:18 AM SELF CHECK OUT 046677415464 7WNHTLIT <A> PLC 7W C7 INC NIGHTLIGHT CAN CLR 4PK 02236756$252 G1� ,FXT FI T, '�A�, 20.97 7 48 GILIDDE ' PRAM EX' FLAT SASE 124, 44 MAX REFUND VALUE $16.38 ---------PRO XTRA PAINT REWARDS --------- 20.48 Gold -4.10 MUST RETURN ALL ITEMS FOR A FULL REFUND ---------------------------------------- PRO XTRA MEMBER STATEMENT PRO XTRA ###-###-9030 SUMMARY THIS RECEIPT PO/.JOB NAME: CONTRACTOR PRO XTRA SPEND THIS VISIT: $24.32 INCLUDES: Pro Xtra Paint Savings $4.10 2017 PRO XTRA SPEND 12/13: $25,601.31 INCLUDES: Pro Xtra Paint 2017 Savings $1,593.10 This purchase qualifies for FUEL DISCOUNTS and 60 DAYS TO PAY on The Home Depot Commercial Credit Card. Ask an Associate to learn more or go to homedepot.com/firianceoptions. 0224 57 28944 12/14/2017 4617 SUBTOTAL 24.32 SALES TAX 1.71 TOTAL $26.03 XXXXXXXXXXXX9096 DEBIT USD$ 26.03 AUTH CODE 561610 Chip Read Verified By PIN AID A0000000980840 US DEBIT TUR 8080048000 TAD 0601OA03602000 TSI 6800 ARC 00 PRO XTRA MEMBER STATEMENT PRO XTRA ###-###-9030 SUMMARY THIS RECEIPT PO/.JOB NAME: CONTRACTOR PRO XTRA SPEND THIS VISIT: $24.32 INCLUDES: Pro Xtra Paint Savings $4.10 2017 PRO XTRA SPEND 12/13: $25,601.31 INCLUDES: Pro Xtra Paint 2017 Savings $1,593.10 This purchase qualifies for FUEL DISCOUNTS and 60 DAYS TO PAY on The Home Depot Commercial Credit Card. Ask an Associate to learn more or go to homedepot.com/firianceoptions. 0224 57 28944 12/14/2017 4617 More sawing. More doing." 8OYNT0NBEACH HOME DEPOT (r)61>364'9600 STORE MANAGER &E0FF 0224 00058 69094 12/08/17 88:39 AM SELF CHECK OUT 056198720882 PPG TMLS EXT <A^ PPG TMLSS EXT ULT DBEP/83 FLAT 11402 5088.98 194.80 MAX REFUND VALUE $155.92/5 XTRA PAINT REWARDS------------ 194.90 ENAADS-- ---- 1G4.8O Gold -38.98 MUST RETURN ALL ITEMS FOR A FULL REFUND - ' -------- ------------ ---'-- ---- SUBTOTAL 155.82 SALES TAX 10.91 TOTAL $168.83 XXXXXXXXXXXX8096 DEBIT AUTH CODE 631651 VSD$ 166.83 Chip Read Verified 8v PIN AID A0000000380840 VS DEBIT TVA 8080048000 IAD 06010A03602000 TSI 6800 ARC 00 MRO XTAAMEMB[R STATEMENT PRO XlA8 #A#-###-8030 SUMMARY THIS RECEIPT PO/JOB NAME: CONTRACTOR PRO XTRA SPEND lHI5 VISIT: $155.82 INCLUDES:___ Pro Xtra Paint Savings $38.88 2017 R0 XTRA SPEND 1207: $25.427.45 INCLUDES: Pro Xtra Paint 2017 Savings *1'554.12 This purchase qualif|au fur FUEL DI5C0UNT8 and 60 DAYS TO PAY on The Hume Vopuz Commercial Credit Card. Auk an Associate to learn more or go to humodoput.com/financeuptiuna. _ 0224 58 69094 12/08/2017 6912 — - Saving. IMO Mwe cloing." BOYNTON (1161)364-9600 3!:-71; 3EOFF 0224 00::,9 : " 0�: 09:55 AM SELF CH6C 4. OJI 056198721.: *�162 P -- 'G T"t '.3 E'Ar -A> 297.52 PPG T11 FK- (. ..T DEEP/B3' FLAI' 11402 51138.": XXXXXXX 9 1 13 (: 1, :1, "API) 194.90 MAX Rr.,:11t) 5 056198721'. XXXXXXXX:- 1.77.00 PPG Vl Ff: E Vf./E-1 FLAT 4.84G MAX R[: :I.JNI) .: 9-d By PIN Chip Real: Vrifit: AID AOOO, I) L( XTRF� :IALff REWARDS.. EWAIR1)$---------- --------- 371 90 371.90 Gl: I l' 1 -74.38 MUST RET1,. :,1,4 M. f ----------------- :13 FOR A FULL REFUND PI: :i ;�( r k A 1,, E: r A. r E MEN'l PRO XTRA 101 -1-141 113 `UMMARY THIS RECI: [PI P'l, NAVL: CONTRAl"',1OR PRO XTRA VVIf : $297.52 INCLUDES: Pro Xtra la i $74.38 2017 PRO -: f I d.4 al >[ P, ) 12; 0 3 : $:,?4,948.34 INCLUDES: Pro Xtra 457.49 This pur,:.,ia3.9 for FUEL DISCOUNT:!: ird ;io [ws 10 PAY on The Home Depot Coiiiier,-i-i (--adi't CEird, Atak an Associ at,"to I :> :r r, mope or qu to homedepol .,:01111`f :,,01111'f r �:, i onc.. Il [Ifffil 1 "1116111 ! 111 1119110"1. "1", ""all ul. ";4 297.52 `:!!,;L.Es TAY 20.83 T .11'k- q318.35 XXXXXXX 9 1 13 (: 1, :1, "API) 25.00 CARD BAL)!, IGI:: cl. c1l) TA XXXXXXXX:- USD$ 293.35 AUTH COD1' :31*, k: .: 9-d By PIN Chip Real: Vrifit: AID AOOO, I) L( 1.1:3 DEBIT TVR 808&: IAD 06011' !11'1.1 SO 201: TSI 6800 ARC 00 PI: :i ;�( r k A 1,, E: r A. r E MEN'l PRO XTRA 101 -1-141 113 `UMMARY THIS RECI: [PI P'l, NAVL: CONTRAl"',1OR PRO XTRA VVIf : $297.52 INCLUDES: Pro Xtra la i $74.38 2017 PRO -: f I d.4 al >[ P, ) 12; 0 3 : $:,?4,948.34 INCLUDES: Pro Xtra 457.49 This pur,:.,ia3.9 for FUEL DISCOUNT:!: ird ;io [ws 10 PAY on The Home Depot Coiiiier,-i-i (--adi't CEird, Atak an Associ at,"to I :> :r r, mope or qu to homedepol .,:01111`f :,,01111'f r �:, i onc.. Il [Ifffil 1 "1116111 ! 111 1119110"1. "1", ""all ul. ";4 . . . . . .. . 1400 WATERFORD PL DELRAY BEACH FL 33414 (561) 272-5127 6315 00004 94187 04:14 PM CASHIER MARIA 042224000619 PN'l SPOU-[ �A> FITS ALL PAINT CAN POUR SPOUT 2@0.98 1.96 0!6198720862 PPG TMLS EXT 4, PPQ, TML'$,$,: kXj,,A J, POP/ MAX REFUND VALUE $124.74'4 45 PRO )(IRA PAINT [1WARDS- 155.92 Gold -31.18 MUS] RETURN ALL. ITEMS FOR A FULL REFUND SUBTOTAL 126.70 SALES TAX 8.87 TOTAL $135.57 XXXXXXXXXXXX9068 DEBIF AUTH CODE 562442 Chip Read AID A0000000980840 TVR 8080048000 TAD 0601OA03602000 TSI 6800 ARC 00 USD!�35.57 Verified BY'PfN- US DEBI t PRO XTRA MEMBER STATEMENT PRO XTRA 49#-###-7105 SUMMARY THIS RECEIPT PO/JOB NAME: 0 PRO XTRA SPEND THIS VISIT: $126.70 INCLUDES: Pro Xtra Pa i t) -t Sav i rgis $31,18 2017 PRO XTRA SPEND 12/08: INCLUDES: Pro Xtra Paint 2017 Savings $1,599.25 This purchase qualifies for FUEL DISCOUNrS and 60 DAYS TO PAY on Tie Home Depot Commercial Credit Card. Ask an Associate to learn more or go to homedepot.com/financeoptions. uigq�a0p94N�ihp�/0muAqq��g95N LOWE'S HOME CENTERS, LLC 1500 CORPORATE DRIVE BOYNTON BEACH, FL 33426 (561) 733-1397 -- SALE — SALESN: FSTLANE2 13 TRANS#: 53021576 11-18-17 760454 12-02 CR BLINDFOLD VAL 24.90 5 @ 4.98 SUBTOTAL: 24.90 e TAX: 1.75 INVOICE 06431 TOTAL: 26.65 DEBIT: 26.65 DEBIT:XXXXXXXXXXXX9096 AMOUNT:26.65 AUTHCD:066064 SWIPED REFID:111106064577 11/18/17 11:12:35 TRACE:00087510 PURCHASE CASH BACK TOTAL DEBIT 26.65 0.00 26.65 STORE: 1111 TERMINAL: 06 11/18/17 11:13:18 0 OF ITEMS PURCHASED: 5 EXCLUDES FEES, SERVICES AND SPECIAL ORDER ITEMS THANK YOU FOR SHOPPING LOWE'S. SEE REVERSE SIDE FOR RETURN POLICY. STORE MANAGER: JIMMY MCNAMARA LOWE'S PRICE MATCH GUARANTEE FOR MORE DETAILS, VISIT LOWES.COM/PRICEMATCH KK KK KK f M KK f %lk %t Mt fk KK KK fX Nt KK W KK Yt W s# 1k KK KK:R KK 7N kt KK KK KK Yt KK KK KK %s %t KK Nt KK KK Xt KK Nt #t KK KK KK Nc * KK KK KK kt Nc KK s# KK YOUR OPINIONS COUNT! KK KK REGISTER FOR A CHANCE TO BE KK KK ONE OF FIVE $300 WINNERS DRAWN MONTHLY! KK KK iREGISTRESE EN EL SORTED MENSUAL KK KK PARA SER UNO DE LOS CINCO GANADORES DE $3001 KK KK KK REGISTER BY COMPLETING A GUEST SATISFACTION SURVEY KK KK WITHIN ONE WEEK AT: www.lowes.com/survey KK KK Y 0 U R I D# 06431 1111 322 KK KK KK KK NO PURCHASE NECESSARY TO ENTER OR WIN. KK KK VOID WHERE PROHIBITED. MUST BE 18 OR OLDER TO ENTER. KK KK OFFICIAL RULES & WINNERS AT: www.lowes.com/survey w KKWKKKKWKKKKWKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK;YKKKKKKKKKKktfkKKKKKKKKKKKKKKKKKKIkKKKKKKKKKKKKKKKKKKKKKKIkKKfkKK STORE: 1111 TERMINAL: 06 11/18/17 11:13:18 LOWE'S HOME CENTERS, LLC 1500 CORPORATE DRIVE BOYNTON BEACH, FL 33426 (561) 733-1397 - SALE - SALES#: FSTLANEI 13 TRANS#: 58852632 11-16-17 760502 VAL CR SPRY GLOSS DARK TO 24.90 `" 5 0 4.98 805314 JASCO GREEN DENATURED ALC 6.98 505288 BLUE HAWK LONG HANDLE WIR 6.98 23681 SCH AB BED/BATH LVR FLAIR 55.96 2 ® 27.98 SUBTOTAL: 94.82 TAX: 6.64 INVOICE 07589 TOTAL: 101.46 DEBIT: 101.46 DEBIT:XXXXXXXXXXXX9096 ANOUNT:101.46 AUTHCD:098093 SWIPED REFID:111107051408 11/16/17 12:18:06 TRACE:00123032 PURCHASE CASH BACK TOTAL DEBIT 101.46 0.00 101.46 ;TORE: 1111 TERMINAL: 07 11/16/17 12:18:29 0 OF ITEMS PURCFiASED: S EXCLUDES FEES, SERVICES AND SPECIAL ORDER ITEMS III I I 1111111111111111111111 THANK YOU FOR SHOPPING LOWE'S. SEE REVERSE SIDE FOR RETURN POLICY. STORE MANAGER: JIMMY MCNAMARA LOWE'S PRICE MATCH GUARANTEE FOR MORE DETAILS, VISIT LOWES.COH/PRICEMATCH wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww YOUR OPINIONS COUNTI w REGISTER FOR A CHANCE TO BE w ONE OF FIVE $300 WINNERS DRAWN MONTHLYI w iREGISTRESE EN EL SORTED MENSUAL w PARA SER UNO DE LOS CINCO GANADORES DE $3001 w w REGISTER BY COMPLETING A GUEST SATISFACTION SURVEY w WITHIN ONE WEEK AT: www.lowes.com/survey w Y 0 U R I D# 07589 1111 320 w KK NO PURCHASE NECESSARY TO ENTER OR WIN. w VOID WHERE PROHIBITED. MUST BE 18 OR OLDER TO ENTER, w OFFICIAL RULES & WINNERS AT: www.lowes.com/survey w wwwwwwwwwwwwwwwwwwwwwwwwwww:�wKKwwwwwwwwwwwwwwwwwwwwwwwww ;TORE: 1111 TERMINAL: 07 11/16/17 12:18:29 L a i I�1 a.. t0WE'S HOME CWERS, LLL 1500 CORPORATE DRIVE fiUVNION BEACH, Ft. 334;6 (561) 103-1391 �ALLW SIIIIHim ! 233393° IRAW: 11281432 11 21-1/ 30243 28 UUART ;:LEAH S'IUHAOE. Fu 6.48 62; CRA BOARD MEETING OF: January 18, 2018 CONSENT AGENDA AGENDAITEM: 10.E. SUBJECT: Approval of Driftwood 2005, LLC for Commercial Interior Build -Out Grant Program SUMMARY: The CRA's Commercial Interior Build -Out Grant Program provides eligible (new or existing) businesses with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of building interior improvements. Eligible improvements under the program guidelines must be permanent and stay with the building. The CRA has received a completed grant application from Driftwood 2005, LLC which recently purchase Scully's Restaurant located at 2005 South Federal Highway, Boynton Beach, FL. The applicant is currently undertaking renovations to both the building and the menu. With their restaurant expertise, they intend to provide a fresh look at new American cuisine featuring contemporary cocktails and entrees highlighting local produce and meats. Driftwood 2005, LLC is looking forward to becoming the new neighborhood spot in Boynton Beach. As a full service restaurant with more than 50 seats, the applicant falls under the terms of a Tier I business, as outlined in the grant application. The interior portion of the overall renovation project is approximately $20,900. The Commercial Interior Build -Out Grant Program provides a 50% reimbursement of the applicants expenditure for the eligible interior improvements up to a maximum grant total of $45,000. If approved, the applicant is entitled to a grant maximum of $10,450 in reimbursable funds. The grant is reimbursed once a Certificate of Occupancy is obtained and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: $10,450 — FY 2017-18 Project Fund, line item 02-58400-444 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Interior Build -Out Grant not to exceed the maximum grant award of $10,450 to Driftwood 2005, LLC, 2005 South Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Grant Application D Attachment II - Lease D Attachment III - PAPA Map D Attachment IV - Invoices/Receipts The Commercial Interior Build -Out Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the CRA Community Redevelopment Plan. Improvements paid for by the CRA must be permanent and stay with the building. The CRA reserves the right to approve or deny any Commercial Interior Build -Out Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the CRA District for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible interior improvement project for which the applicant seeks reimbursement. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials Page 1 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com The Commercial Interior Build -Out Grant Program offers financial assistance in the form of a reimbursable, matching (50%) grant up to $45,000 to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program. php or by contacting the City at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • If tenant, applicant must have an executed multi-year lease (two year minimum). • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility requirement for funding. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher to be eligible. If one or more business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in Boynton Beach/Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting an interior grant application. • Grant funding amounts will be based on the applicant's project budget specified at the time of the CRA approval. Initials Page 2 of 15 ALI Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Interior Build -Out Program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding code liens, violations or monies owed for utilities, the CRA will perform a lien search on the property at a cost of $115.00 which will be deducted from the grant funding to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. ® The property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach and submit for reimbursement within 120 days of the issuance date of the permit for the project. If CRA Board Approves grant funding and the work being performed does not require a permit, the Certificate of Occupancy and application for reimbursement must be within 120 days of the grant award. Failure to complete the improvements within the specified time frame will result in the property owner or tenant losing the grant reimbursement opportunity. Only one 60 day administrative extension will be permitted. ® Project items completed and paid for more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program ® Application and CRA Board approval of this grant is for funding only. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. ® Grantees shall allow the CRA the rights and use of photos and project application materials. Initials Page 3 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Projects and items eligible for funding under the program are limited to: . Interior walls ® Interior plumbing Flooring ® Grease trap installation . HVAC system • Interior electrical system ® Hood & fire including lighting suppression The following businesses are considered ineligible for assistance under the Commercial Interior Build -Out Grant Program: . Firearm Sales ® Religious Affiliated Retail Stores ® Non Profits ® Check Cashing Stores . Adult Entertainment ® Adult Arcades ® Kava Tea Bars ® Alcohol and/or Drug Rehabilitation Centers/Housing . Medical Research Centers/Housing ® Massage/Personal Services ® Convenience Store ® Churches ® Fitness Centers over 4,500 sq.ft. ® Take -Out Foods ® Liquor Stores • Vapor Cigarette, E Cigarette Stores ® Pawn Shops ® Tattoo Shops/Body Piercing/Body Art Shops ® Any other use that the CRA staff or CRA Board have determined not to support the redevelopment of the CRA District This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of CRA Board approval. Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as submitted at the time of CRA Board approval up to a maximum amount of $45,000 in grant funding. Only full service restaurants with a minimum total se ting / Initials Page 4 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com capacity of 50 seats are eligible to be in Tier One. The restaurant must have hours conducive for the development of the downtown serving at least lunch and dinner. Proof of seating capacity shall be confirmed by a copy of the City of Boynton Beach Local Business Tax Receipt. Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as submitted at the time of CRA Board approval up to a maximum amount of $25,000 in grant funding. Tier Two Businesses must be one of the following types of businesses: ® Restaurants with total seating capacity under 50 • Gourmet Food Market ® Bed and Breakfast ® Marketing Offices ® Law Offices • Fitness Center less than 4,500 sq.ft (no more than 2 approvals per fiscal year) ® Specialty Businesses — stationary, gifts, sporting goods • Clothing Boutique — clothing, shoes & accessories ® Bakery ® Medical Offices ® Accounting Offices ® Real Estate Offices ® Insurance Offices • Florist (no more than 2 approvals per fiscal year) ® Hair/Nail Salons (no more than 2 approvals per fiscal year) ® Home D6cor/Design — home furnishings, art galleries, kitchen wares Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord -tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; ® Description of utilities that is the tenant's responsibility; ® Rental rate and deposits along with terms of lease and methodology for future rent increases; Initials Page 5 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first -serve basis. Application packets must include the following documentation: AA non-refundable fee of $100 is required to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. Written detailed project budget describing the improvements to be done to the property. It must list all project costs the applicant is requesting for reimbursement. The project budget must provide a total cost of the project. iQ Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. */Copy of building permit receipt/application. If the permit has not been applied for prior to submissions of the grant application, a copy of the building permit receipt is due within 90 days of grant approval. Resume for each principal/owner of the business. Copy of the corporate documents for the applying business entity. Copy of executed multi-year commercial lease agreement. Two years of corporate tax returns (for existing businesses only). Initials Page 6 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Two years of personal tax returns for the principal/owners of a new business. Copy of design and construction plans associated with the proposed improvements. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. .A minimum of four color digital "before" photos of the project. 13.Completed and signed application (attached). 4. Authorization to perform credit check for the business and each principal/owner of the business (attached). Zi9 Form (attached). ty Planning and Development Department Acknowledgement Form (attached). City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 16 and 17) must be completed and submitted to the appropriate departments located at City Hall 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. Phone (561) 742-6000. All required documentation must be submitted no later than noon on the first Tuesdayof the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, Initials Page 7 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com during, and after the project in order to determine and ensure compliance with the terms of the grant agreement. This program is designed as a matching 50% grant. All work must be completed and paid for by the applicant prior to the release of CRA funds. The CRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full". Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item will be supported by a canceled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 3. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 4. A minimum of 4 color "after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, Ci Pof Initials✓ Page 8 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Boynton Beach, Palm Beach County or the State of Florida. The Commercial Interior Build -Out Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. �'i�1:3►�1�'��3[i7i•[� _ ► _ J�>�t�_��L�Ir•1>��r•'[��r�t111,17_1r•�r��i ► s ► r It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initials Page 9 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com o . �. Fed ID#: `.M Business Phone Number: Fax: Website: T' i Existing Business: Yes — No , Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: l 00 New Business Address: Square footage of current location: Square footage of new location: Type of Business: Number of Employees: Hours of Operation: L 1 0 Q D,'00 Page 10 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 - Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com ;.. •r. �. PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name:. Date of Birth: OUVOL41 l Email: 11\10 )Cd Residential Address: Cell Phone Number: 2. Principal/Owner Nme: Date of Birth: oLe v Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Email: M. Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistant under any other program offered by the CRA? (Tier One Businesses Only): YesNo If yes, what add' ' nal ograms are you applying for: 4 Page 11 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 - Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes _ No _ If yes, list any additional grant sources and amounts: Landlord Name: , Landlord's Mailing Address: Landlord's Phone Number: - j n I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build - Out Assistant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build -Out Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award not , Initials Page 12 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 - Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com further the Community Redevelopment Plane Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. 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, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the CRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATIONIS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials Page 13 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com APPLICANT SIGNATURES: N 3. Ell "Is long-l"k W111 19-10A Printed Name Title PhncipaKOwnur'eSignatun* Date Printed Name Title PhncipaKOwner'uSignobure Date Printed Name Title Notary as to Signatures - Multiple notary pages may be used if signing individually ~ STATE OF 6K COUNTY OF BEFORE ME an orized by i i tU th take acknowledgemen , Dersonally appeared VPA I I personally known to me or pro uced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act arA deed. IN WITNESS OF THE FOREGOING I h t my hand anok, County aforesaid on this d f 0 W1, 20 Vj REVIVE 17 My Commission Expires: Page 14of15my THERESA UTTERBACK COMMSSION 0 FF 078493 EXPIRES: January 11, 2018 Interior Build -Out 71ONorth Federal Highway, Boynton Beach, FL3343S—Phone: (S61)737 -32S6 [W-I""D 4 Printed Name Title BEFORE ME, offce dulytho ' ed by law to adrpipter/-baths an take acknowledgemen , personally appeare /are personally known uced as identification, and acknowledged hes executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING,, 1, have set my hand ,45pd official seqi in the State and Sot+ m"''• THERESA UTTER®ACR �¢ MY COMMISSION t FF 078493 y, EXPIRES: January 11, 2016 fl ,••' Bonded Thru Notary PUW) UndOrw tern Page 15 of 15 Interior Build -Out 710 North Federal Highway, Boynton Beach, FL 33435 — Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com LEASE AGREEMENT BETWEEN EG REAL ESTATE, LLC, a Florida limited liability company AS LANDLORD AND DRIFTWOOD 2005, LLC, a Florida limited liability company AS TENANT Restaurant Property/Location/Improvements BOYNTON BEACH, FLORIDA LEASE AGREENIENT THIS LEASE AGREEMENT ("Lease") made as of the 1st day of September 2017 by and between EG REAL ESTATE, LLC, a Florida limited liability company (hereinafter referred to as the "Landlord") and DRIFTWOOD 2005, LLC, a Florida limited liability company. (hereinafter referred to as the "Tenant"). ARTICLE I BASIC DATA Section 1.1 The following sets forth basic data hereinafter referred to in this Lease, and, where appropriate, constitute definitions of the terms hereinafter listed. (a) Demised Premises: 2005 South Federal highway, Boynton Beach, Florida 33435 including use of the land, parking, freestanding restaurant, appliances, parking and all signage and appurtenances to the land and restaurant. (b) The Tenant: Driftwood 2005, LLC, a Florida limited liability company. Mailing Address of the Tenant: 2005 South Federal Highway, Boynton Beach, Florida 33435 (c) The Landlord: EG REAL ESTATE, LLC Landlord's Notice Address: 2005 South Federal Highway, Boynton Beach, Florida 33435 Attention: James Everett, Manager (d) Term/Commencement: 10 years commencing on the I" Day of September 2017 (the "Commencement Date" and expiring on 31 day of August 2027. In the event Tenant shall exercise any of the Renewal Options, such option periods shall be included within the definition of Term. (e) Renewal Options: Three (3) options often (10) years. (t) Minimum Rent: Lease Year l: Annual Base Rent Monthly Rent $90,000.00 $7,500.00 (g) Annual Percentage Increase of Base Rent: 2% (h) Security Deposit: $7,500.00 (due on the third month following inception of lease). (i) Estimated Taxes: $8,500 per year, to be paid as Additional Rent (1) Estimated Common Area Expenses Monthly Payment: $500.00 per month, to be paid as Additional Rent (k) The term "Lease Year" shall mean each twelve (12) month period during the Term commencing on the Commencement Date and each anniversary thereof. (1) The term "Calendar Year" means a period of twelve (12) consecutive calendar months from the first day of January through the following December 31. ARTICLE lI PREMISES Section 2.1 The Landlord hereby leases to the Tenant and the Tenant hereby leases from the Landlord, upon and subject to the terms and provisions of this Lease, the premises (hereinafter referred to as the "Demised Premises") located and known as 2005 South Federal Highway, Boynton Beach 33435 currently known as Scully's Restaurant located in Boynton Beach, Florida. The Demise Premises shall include the land, parking, signage, restaurant building, appliances, and all appurtenances. Section 2.2 This Lease and the Demised Premises are subject and subordinate to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations and all other encumbrances, covenants, restrictions, declarations, easements and agreements now or hereafter affecting the Demised Premises. ARTICLE III "PERM OF'LEASE Section 3.1 In addition to the Term set forth above, Tenant shall have and is hereby granted three (w) options to extend the Term for an additional ten (10) years (the "Renewal Term"), upon the same terms, covenants, conditions and Rent as set forth herein, subject to adjustments to Minimum Rent; provided that Tenant is not in default of this Lease at the time of exercise of each renewal option, nor in default on the date of commencement of each Renewal Term. Tenant may exercise the renewal option only by giving irrevocable and unconditional notice thereof to Landlord not less than six (b) months prior to the expiration of the initial Tema or the current Renewal Term. Should Tenant fail to give Landlord such timely written notice, all remaining rights of renewal shall automatically expire. Time is of the essence of this provision. Section 3.2 If as of the date of this termination of the Lease the Demised Premises are occupied by Tenant and such Tenant shall hold over and Landlord cannot acquire possession of the Demised Premises, Tenant shall be deemed a holdover tenant and shall be required to pay Landlord twice the monthly Rent otherwise due, plus any and all attorney fees incurred by Landlord to evict Tenant following termination. ARTICLE IV MINIMUM RENT Section 4.1 Tenant shall pay without notice, demand or offset to the Landlord, at the Landlord's Rent Payment Address, or at such place as the Landlord shall from time to time designate in writing, Minimum Rent for the Demised Premises at the rate specified, and proportionately at such rate for any partial month, which Minimum Rent shall be paid monthly, in advance, on the first day of each and every calendar month during the Term hereof, the fast such payment to be made on the Commencement Date. For and with respect to each installment of Minimum Rent that is not received in -hand by Landlord within three (3) days of the date due, the Tenant shall pay to the Landlord on demand, as additional rent, a late charge in an amount equal to five percent (5%) of the amount of the overdue payment for the purpose of defraying Landlord's administrative expenses relative to handling such overdue payment. Section 4.2 Tenant shall also pay, as additional rent, all sales or use or excise taxes imposed, levied or assessed against the Minimum. Rent or any other charge or payment required by any governmental authority having jurisdiction thereover, even though the taxing statute or ordinance may purport to impose such sales, use or excise taxes against the Landlord. The payment of sales, use and/or excise taxes shall be made by Tenant on a monthly basis, in advance, concurrently with payment of the Minimum Rent. Section 4.3 If directed by Landlord, "Tenant shall make payments of Minimum Rent and other charges to a so-called "lock box" (the "Lock Box") at a Florida bank or such other institution as Landlord may designate from time to time, which must be received at the Lock Box no later than three (3) days after due date. Section 4.4 Tenant shall pay the sum (if any) specified to Landlord simultaneous with the execution of this Lease to be applied (subject to collection if such sum is paid in the form of a check) towards the fust monthly installment of Minimum Rent due under this Lease. ARTICLE V TAXES Section 5.4 The term "Taxes" as hereby defined to mean all general and special taxes, including existing and future assessments for road, sewer, utility and other local improvements, and other governmental fees and/or charges which may he lawfully charged assessed, or imposed upon all or any portion of the land and/or improvements constituting the Demised Premises. The Landlord shall pay, or cause to be paid, before the same become delinquent. all Taxes, provided however, that Landlord may defer compliance therewith if permitted by the laws of the State of Florida so long as the validity or amount thereof is contested by the Landlord in good faith and so long as the Tenant's occupancy of the Demised Premises is not disturbed or threatened. Section 5.5 The Tenant shall pay all taxes which may be lawfully charged, assessed, or imposed upon all fixtures and equipment and personal property in the Demised Premises, and the Tenant shall pay all license fees and other charges which may lawfully be imposed upon the business of the Tenant conducted from the Demised Premises. Section 5.6 The Tenant shall, during the Tenn of this Lease, pay to the Landlord the Tenant's proportionate share of the Taxes as shall result from multiplying the Taxes by a fraction, the numerator of which is the total Gross Leasable Area of the Demised Premises and the denominator of which is the total Gross Leasable Area of all buildings located in the Demised Premises as of the first day of each applicable tax year during the Tenn hereof, provided, however, with respect to any buildings located in the Demised Premises (and any land appurtenant thereto) which are now or hereafter separately owned or assessed the Taxes relating thereto shall be deemed not to be "Taxes" hereunder, and the gross leasable area thereof shall be excluded from the denominator of such fraction. There shall also be excluded from the denominator of such fraction the Cross Leasable Area of non -sales mezzanines (if any), passageways, service corridors, Demised Premises offices located at the Demised Premises, storage areas, utility rooms, Demised Premises sprinkler rooms and other non-commercial areas and the area of any outdoor seating and outdoor areas. Section 5.4 The Tenant's proportionate share of Taxes shall be due and payable within ten (10) days after receipt by the Tenant of the Landlord's invoice accompanied by a statement in reasonable detail of the calculation of the amount due. However, if requested by Landlord, the Tenant shall make estimated monthly tax deposits with the Landlord (along with payments of Minimum Rent) in an amount equal to one -twelfth (1112th) of the Tenant's annual proportionate share of Taxes, with a final adjustment to be made between the parties based on the actual tax bill(s) as soon as said proportionate share has been determined. In every case, Taxes shall be adjusted to take into account any abatement or refund thereof paid to the Landlord, less all of the Landlord's costs of securing such abatement or refund (the Landlord having the sole right to contest Taxes). Section 5.5 The foregoing provisions of this ARTICLE V are predicated upon the present ad valorem system of real estate taxation in the State of Florida. Should any governmental authority having jurisdiction overall or any portion of the Demised Premises impose a tax and/or assessment of any kind or nature upon, against, measured by or with respect to the rentals payable by tenants in the Demised Premises to the Landlord or with respect to the ownership of the land and buildings comprising the Demised Premises by the Landlord (or any individual or entity forming the Landlord) or measured by or with respect to any other matter, either by way of substitution for all or any part of the present ad valorem real estate taxes or in addition thereto, then such tax and/or assessment shall be deemed to constitute "Taxes" for the purposes of this Lease and the Tenant shall be obligated to pay its proportionate share thereof. Nothing in this ARTICLE V contained shall be construed to include within the term "Taxes" any inheritance, estate, succession, transfer, gift, franchise, corporation, net income or net profit tax, or any capital levy that is or may be imposed upon Landlord. ARTICLE VI MAINTENANCE OF COMMON AREAS; AND THE TENANT'S CONTRIBUTION Section 6.7 The term Common Areas, as used in this Lease, shall include the parking areas, pedestrian sidewalks, truckways, loading docks, delivery areas, public restrooms and comfort stations, if any, service areas, landscaped areas, berms and all other areas or improvements in the Demised Premises which may be provided for the convenience and use of the occupants and tenants of the Demised Premises and their respective agents, employees, customers, invitees, and the licensees and invitees of Landlord. The use and occupancy by Tenant of the Demised Premises shall include the non-exclusive use, in common with all others to whom the Landlord have or may hereafter grant rights to use the same (including, but not limited to, the owners, tenants and occupants of the Demised Premises), of the Common Areas and of such other common facilities as may be designated by the Landlord from time to time. Landlord may at any time close temporarily the Common Areas (including, without limitation, the parking facilities and roadways) or any portion thereof to make repairs or changes to prevent the acquisition of public rights therein, or to discourage noncustomer parking, and may do such other acts in and to the Common Areas as in its judgment may be desirable to improve the convenience thereof, which shall not reduce the rent due from the Tenant to the Landlord. Section 6.8 Tenant shall pay its proportionate share of all costs and expenses ("Common Area Expenses") of every kind and nature paid or incurred by Landlord in cleaning, operating, managing, equipping, decorating, policing (if and to the extent provided by the Landlord), lighting, repairing, replacing and maintaining all parking facilities, utilities and facilities serving and/or required to be maintained by the Demised Premises from time to time (including pylon, monument, electronic or other signs used to advertise or promote the Demised Premises, landscaping, gardening, parking facilities and access ways contiguous with the Demised Premises and/or available for use by occupants of the Demised Premises by reason of agreements or easement rights) and all taxes, assessments, costs and other expenses related thereto. Such costs and expenses shall include (but shall not be limited to) water and sewer charges, utility system installation charges and assessments, and costs of the operation, maintenance and repair of any stormwater drainage facilities and septic system; costs of all roof and other maintenance and repairs performed by the Landlord; costs of the installation, operation, maintenance, repair and replacement of any energy management system; premiums for liability, property damage, fire, workers' compensation, and other insurance (including all insurance, hazard, rent and otherwise, from time to time carried by the Landlord on any or all structures on the Demised Premises); all maintenance, repair, replacement, insurance, utility costs and all other costs and expenses incurred by Landlord in providing off-site parking spaces or facilities serving the Demised Premises. Section 6.3 Tenant's proportionate share of Common Area Expenses shall be that portion of such expenses which the number of square feet of Gross Leasable Area in the Demised Premises bears to the total number of square feet of Gross Leasable Area of all buildings in the Demised Premises. For purposes of determining the Tenant's proportionate share of such costs, the denominator shall be the Gross Leasable Area in the Demised Premises, other than the Gross Leasable Area of the premises to which such Common Area Expenses do not relate. The "Tenant's proportionate share of Common Area Expenses shall be paid in monthly installments, in the amount reasonably estimated from time to time by the Landlord on the first day of each and every calendar month, in advance, without offset or demand. No later than one hundred twenty (120) days after the end of the first full Calendar Year following the Commencement Date and within one hundred twenty (120) days after the end of each full Calendar Year thereafter, the Landlord shall furnish to the Tenant a statement In reasonable detail setting forth the computation of such total Common Area Expenses. Landlord shall be permitted to describe areas of expenditure by category and shall not be obligated to enumerate each specific expenditure. In the event that such annual statement shall reflect an overpayment by Tenant of Common Area Expenses for such Calendar Year, Landlord shall promptly refund to Tenant the amount of such excess or, in lieu thereof credit the amount of such excess toward the Common Area Expenses neat due from Tenant hereunder, except that if such overpayment shall have been made for the last full or partial Calendar Year of the Term hereof, Landlord shall refund such excess to Tenant promptly following the furnishing of such statement to Tenant, provided that Tenant then has no outstanding payment obligations to Landlord. In the event that such statement shall reflect an additional amount on account of Common Area Expenses due from Tenant, Tenant shall pay such amount to Landlord within ten (10) days following receipt of such statement. The foregoing is intended to require that Landlord shall receive the entire amount of the Tenant's proportionate share of Common Area Expenses computed as aforesaid, and no more. Anything in this Lease to the contrary notwithstanding, it is expressly understood and agreed that the designation or use from time to time of portions of the Demised Premises as Common Areas shall not restrict the Landlord's use of such areas for buildings, structures and/or for retail or such other purposes as the Landlord shall determine, including, without limitation, the expansion or remodeling of the Demised Premises to include one or more additional stores (on the present and/or additional levels), the Landlord hereby reserving the unrestricted right to build, add to, subtract from, lease, license, relocate and/or otherwise use (temporarily and/or permanently), any buildings, kiosks, other structures, parking areas, roadways or other areas or facilities anywhere upon the Demised Premises. Notwithstanding anything to the contrary contained in this Lease, Tenant shall have no right to seek damages or to cancel or terminate this Lease because of any proposed or actual changes, expansion, renovation or reconfiguration of the Demised Premises nor shall Tenant have the right to restrict, inhibit or prohibit any such changes, expansion, renovation or reconfiguration. ARTICLE VII UTILITIES Section 79 Beginning on the date of delivery of possession of the Demised Premises, the Tenant shall pay for all of its requirements for utilities, including, but not limited to, gas, water, electricity, sewer charges, and the like, including all utilities necessary for heating and air conditioning its premises (including the Tenant's proportionate share, computed in accordance with Section 8.2 hereof of any premium or guaranteed payment assessed by any utility company against the Demised Premises). In the event that the Landlord shall elect to supply any utilities, then, insofar as and to the extent that such is permitted pursuant to applicable law and the regulations of the applicable utility company, the Tenant agrees to purchase the same from the Landlord, provided the rate does not exceed the rate which the Tenant would be required to pay on a metered basis to the utility company furnishing the same to the Demised Premises. Landlord shall not be liable to Tenant for any loss, damage or expense which Tenant may sustain if the utilities, or the quality or character of utilities, used upon or furnished to the Demised Premises are no longer available or suitable for Tenant's requirements, or if the supply of any such utility ceases or is interrupted as a result of any cause and no such change, interruption or cessation of service shall constitute an eviction of 'Tenant. Landlord shall have the right to reduce heat, water, lighting and air conditioning within the Demised Premises, including, without limitation, the Demised Premises and the Common Areas, as required by any mandatory or voluntary fuel or energy saving allocation, or any similar statute, regulation, order or program. AR'T'ICLE VIII USE OF PREMISES Section 8.10 It is understood, and the Tenant so agrees, that the Demised Premises during the Term of this Lease shall be used and occupied by the Tenant only for legal purposes approved in writing by Landlord. Section 8.2 'Tenant shall, at Tenant's sole cost and expense, comply with all county, municipal, state, federal laws, orders, ordinances and other applicable requirements of all governmental authorities, now in force, or which may hereafter be in force, pertaining to, or affecting the condition, use or occupancy of the Demised Premises, and shall faithfully observe in the use and occupancy of the Demised Premises all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force. Without limiting the generality of the foregoing, Tenant, within the Demised Premises, shall be responsible, at Tenant's sole cost and expense, for compliance with the Americans with Disabilities Act (42 U.S.C. § 12101 et. seq.) and the regulations and Accessibility Guidelines for Buildings and Facilities issued pursuant thereto. Tenant shall indemnify, defend and hold harmless Landlord from and against any and all claims, actions, damages, liability and expenses (including, but not limited to, attorneys' and other professional fees) resulting from Tenant's failure to perform its obligations under this Section. "The foregoing indemnification shall survive the expiration or earlier termination of this Lease. Section 8.3 Tenant shall not cause or permit any Hazardous Substance (as hereinafter defined) to be used, stored, generated or disposed of on or in the Demised Premises by Tenant, or Tenant's agents, employees, contractors or invitees, without first obtaining Landlord's written consent, which may be withheld in Landlord's sole discretion. AR'T'ICLE IX MAINTENANCE OF BUILDING, ETC. Section 9.11 The Tenant agrees to keep in good order, condition, and repair the roof, foundations and structural portions of the Demised Premises. Section 9.12 Except as specifically herein otherwise provided, the Tenant agrees that from and after the date that possession of the Demised Premises is delivered to the Tenant, and continuously thereafter until the end of the Term hereof, it will keep neat and clean and maintain in good order, condition and repair, the Demised Premises and every part and system thereof. With respect to the HVAC system and equipment, the Tenant specifically agrees to maintain at all times during the Term of this Lease the usual service contract with respect thereto, furnishing evidence thereof (including renewals) to the Landlord. Section 9.13 The Tenant shall not make any alterations, improvements and/or additions to the Demised Premises without first obtaining, in each instance, the written consent of the Landlord, which shall not be unreasonably withheld or delayed with respect to interior non-structural alterations. ARTICLE X INDEMNITY Section 4.14 The Tenant shall indemnify and save harmless the Landlord and the Landlord's managing agent from and against all claims of whatever nature arising from any act, omission or negligence of the Tenant, or the Tenant's contractors, licensees, invitees, agents, servants, or employees, or arising from any accident, injury, or damage whatsoever caused to any person, or to the property of any person, or from any violation of applicable law including, without limitation, any law, regulation, or ordinance concerning trash, hazardous materials, or other pollutant occurring from and after the date that possession of the Demised Premises is delivered to the Tenant and until the end of the Term hereof in or about the Tenant's Demised Premises, or arising from any accident, injury or damage occurring outside of the Demised Premises but within the Demised Premises, where such accident, damage or injury results or is claimed to have resulted from an act or omission on the part of the Tenant or the Tenant's agents or employees. This indemnity and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof and shall survive the expiration or earlier termination of this Lease. Section 10.15 Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any pipes, appliances or plumbing works or from the roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature. Landlord shall not be liable for any such damage caused by other tenants or persons in the Demised Premises, occupants of the Demised Premises or adjacent property, or the public, or caused by operations in construction of any private, public or quasi -public work. All property of Tenant kept or stored on the Demised Premises or Common Areas shall be so kept or stored at the risk of Tenant only and Tenant shall hold Landlord harmless from any and all claims arising out of damage to same, including subrogation claims by Tenant's insurance carriers. The provisions of this Section shall apply during the whole of the Term hereof, and in view of the permission given to the 'Tenant to install fixtures and do certain work prior to the Commencement Date, shall also apply at all time prior to the Commencement Date. ARTICLE XI ASSIGNMENT, SUBLETTING AND ENCUMBERING LEASE Section 11.16 No Assignment. Subletting nor Encumbering of Lease. Notwithstanding any other provisions of this Lease, Tenant covenants and agrees that it will not assign this Lease or sublet (which term, without limitation, shall include the granting of concessions, licenses, and the like) the whole or any part of the Demised Premises without in each instance having first received the express written consent of Landlord. Landlord agrees that it shall not act unreasonably in the withholding of its consent to any such assignment or subletting. Notwithstanding the provisions of the foregoing sentence, Tenant shall not have the right to transfer in any other manner or hypothecate its interest in this Lease, whether by way of leasehold mortgage, collateral assignment or any other security arrangement or otherwise without the prior written consent of Landlord, which may be granted or withheld in Landlord's sole and absolute discretion. Section 11.17 Rent Acceptance. The acceptance of Rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. Consent to one assignment or subleasing shall not be deemed consent to any subsequent assignment or subleasing. If any assignee of Tenant or any successor of Tenant defaults in the performance of any of the terms hereof, Landlord may proceed directly against Tenant without the necessity of exhausting remedies against such assignee or sublessee. ARTICLE XII INSURANCE Section 124.1 Tenant's Insurance. Tenant, at Tenant's sole cost and expense, shall obtain and maintain in effect commencing with the delivery of possession of the Demised Premises to Tenant and continuing throughout the Term, insurance policies providing for the following coverage: (1) all-risk property insurance against tire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as now are or hereafter may be included in Special Form (All Risk) Coverage in general use In the State of F9orida, insuring Tenant's Work, Tenant's leasehold improvements, Tenant's merchandise, trade fixtures, furnishings, wall covering, carpeting, drapes, equipment and all items of personal property of Tenant and of anyone claiming by, through or under Tenant located on or in the Demised Premises, and the amount of such insurance will be set forth in an "agreed value endorsement" to the policy of such Insurance, not less than one hundred percent (100%) of the full replacement value thereof without deduction for depreciation. Any and all proceeds of such insurance, so long as the Lease shall remain in effect, shall be used only to repair or replace or pay for the items so insured unless this Lease shall cease and terminate under this lease, in which event of termination such proceeds attributable to said "t'enant's Work" and leasehold improvements (and to all other items of property becoming or to become the property of Landlord upon such termination) shall be paid and disbursed directly to Landlord; (ii) a commercial general liability policy, including insurance naming Landlord, Landlord's management agent for the Demised Premises and any mortgagee of the Demised Premises as additional insureds, protecting against any and all claims for injury to persons or property (without any so-called employee exclusion or the like) occurring in or about the Demised Premises and protecting against assumed or contractual liability under this Lease with respect to the Demised Premises and the operations of Tenant and any subtenant of Tenant in, on or about the Demised Premises, with such policy to be in the minimum amount of Five Hundred Thousand Dollars ($500,000.00) combined single limit coverage with a deductible not to exceed $10,000.00; (iii) products liability insurance for merchandise offered for sale or lease from the Demised Premises, including (if this Lease covers portions of the Demised Premises in which food and/or beverages are sold and/or consumed) liquor liability coverage (if applicable to Tenant's business) and coverage for liability arising out of the consumption of food and/or alcoholic beverages on or obtained at the Demised Premises, of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for personal injury and death and property damage; (iv) workers' compensation coverage as required by law, and (v) with respect to alterations, improvements and the like required or permitted to be made by Tenant hereunder, contingent liability and builders risk insurance in amounts satisfactory to Landlord. From time to time during the Tenn of this Lease, at Landlord's request, Tenant covenants and agrees to increase the limits of such insurance as Landlord shall reasonably require. Section 12.2 Waiver of Subrogation. Landlord and Tenant shall each be released from any liability (by way of subrogation or otherwise) for loss or damage to any building, structure or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, resulting from damage by fire or casualty (irrespective of the cause of such fire or casualty) to the extent that such loss or damage is insured or required to be insured under this Lease. ARTICLE V DAMAGE CLAUSE Section 135.1 Fire or Other Casualty. Tenant shall give prompt notice to Landlord in case of fire or other casualty ("Casualty") to the Demised Premises. Section 5.2 Right to Terminate. (a) If (i) the buildings (taken in the aggregate) in the Demised Premises or the building which contains the Demised Premises is damaged to the extent of more than fifty percent (501/4) of the cost of replacement thereof; or (ii) during the last two years of the Term the Demised Premises are damaged to the extent of more than thirty-three and one-third percent (331/3%) of the cost of replacement thereof, or (iii) the Demised Premises are damaged to the extent of fifty percent (50%) or more of the cost of replacement thereof and such damage cannot be repaired within twelve (12) months from the date of such occurrence; then Landlord may terminate this Lease by notice to Tenant within sixty (60) days after the date of the Casualty. If Landlord so terminates this Lease then the termination date of this Lease shall be the date set forth in the notice to Tenant, which date shall not be less than thirty (3 0) days nor more than ninety (90) days after the giving of said notice. The "cost of replacement" shall be determined by the company or companies insuring Landlord against the Casualty, or, if there shall be no such determination, by a qualified contractor selected by Landlord to determine such "cost of replacement." (b) Upon any termination of this Lease under any of the provisions of this Article, the portion of the proceeds of the Tenant's All Risk insurance provided for in this Lease which is allocable to the Tenant's Work, Tenant's leasehold improvements, equipment, fixtures and other items, which, by the terms of this Lease, rightfully belong to Landlord upon the termination of this Lease by whatever cause, shall be paid by the insurance company or companies directly to Landlord, and shall belong to and be the sole property of Landlord. ARTICLE VI EVENTS OF DEFAULT Section 14.1 Default. The occurrence of any one or more of the following events shall constitute a "Default" by Tenant and shall give rise to Landlord's remedies set forth in Section 14.2 below: (i) if Tenant vacates or abandons the Demised Premises or fails to continuously operate its business in the Demised Premises in compliance with this Lea; (ii) failure to make when due any payment of Rent, unless such failure is cured within five (5) days; (iii) failure to observe or perform any term or condition of this Lease other than the payment of Rent (or the other matters expressly described herein), unless such failure is cured within any period oftime following notice expressly provided with respect thereto in other Articles hereof, or otherwise fifteen (15) days following notice (provided, if the nature of Tenant's failure is such that more time is reasonably required in order to cure, Tenant shall not be in Default if Tenant commences to cure promptly within such period, diligently seeks and keeps Landlord reasonably advised of efforts to cure such failure to completion, and completes such cure within, thirty (30) days following Landlord's notice); or (iv) failure to cure immediately upon notice thereof any condition which is hazardous, materially interferes with another tenant or the operation or leasing of the Demised Premises, or may cause the imposition of a fine, penalty or other remedy on Landlord or its agents or affiliates. Section 14.2 Remedies. If a Default occurs, Landlord shall have the rights and remedies hereinafter set forth to the extent permitted by law, which shall be distinct, separate and cumulative with and in addition to any other right or remedy allowed under any law or other provision of this Lease: (a) Landlord may terminate this Lease and Tenant's right of possession, reenter and repossess the Demised Premises by detainer suit, summary proceedings or other lawful means, and recover from Tenant: (i) any unpaid Rent as of the termination date, (ii) the amount by which: (a) any unpaid Rent which would have accrued after the termination date during the balance of the Term exceeds (b) the reasonable rental value of the Demised Premises under a lease substantially similar to this Lease, taking into account among other things the condition of the Demised Premises, market conditions and the period of time the Demised Premises may reasonably remain vacant before Landlord is able to re -lease the same to a suitable replacement tenant, and Costs of reletting that Landlord may incur in order to enter such replacement lease, or (iii) any other amounts necessary to compensate Landlord for all damages proximately caused by Tenant's failure to perform its obligations under this Lease. For purposes of computing the amount of Rent herein that would have accrued after the termination date, Tenant's obligations for Taxes, Common Area Expenses and Percentage Rent shall be projected based upon the average rate of increase in such items from the Commencement Date through the termination date (or if such period shall be less than three years, then based on Landlord's reasonable estimates). (b) Landlord may terminate Tenant's right of possession, reenter and repossess the Demised Premises by detainer suit, summary proceedings or other lawful means, without terminating this Lease, and recover from Tenant: (i) any unpaid Rent as of the date possession is terminated, (ii) any unpaid Rent which thereafter accrues during the Term from the date possession is terminated through the time of judgment (or which may have accrued from the time of an_y earlier judgment obtained by Landlord), and (iii) any other amounts necessary to compensate Landlord for all damages proximately caused by'fenant's failure to perform its obligations under this Lease, including all costs of reletting. Section 14.3 Landlord Default. In no event shall the Landlord be in default in the performance of any of the Landlord's obligations hereunder unless and until the Landlord shall have failed to perform such obligations within such time as is reasonably required to correct any such default after notice by the Tenant to the Landlord properly specifying wherein the Landlord has failed to perform any such obligation. Further, if the holder of a mortgage or deed of trust which includes the Demised Premises, notifies the Tenant that such holder has taken over the Landlord's rights under this Lease, the Tenant shall not assert any right to deduct the cost of repairs or any monetary claim against the Landlord from Rent thereafter due and payable, but shall look solely to the Landlord for satisfaction of such claim. ARTICLE VIIV MISCELLANEOUS PROVISIONS Section 15.1 Waiver. Failure on the part of the Landlord or the Tenant to complain of any action or non -action on the part of the other, no matter how long the same may continue, shall never be deemed to be a waiver by that party of any of its rights hereunder. No waiver at anytime of any of the provisions hereof by the Landlord or the Tenant shall be construed as a waiver of any of the other provisions hereof, and that a waiver at anytime of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provisions. The consent or approval of the Landlord or the Tenant to or of any action by the other requiring that party's consent or approval shall not be deemed to waive or render unnecessary that party's consent or approval to or of any subsequent similar act by the other. Unless expressly provided to the contrary, any consent required of the Landlord in any provision of this Lease may be withheld by the Landlord in its sole discretion unless the provision requiring such consent specifically states that the Landlord shall not withhold such consent unreasonably. Section 7.2 Covenant of Quiet Enjoyment. The Tenant, subject to the terms and provisions of this Lease on payment of the Rent and observing, keeping and performing all of the terms and provisions of this Lease on its part to be observed, kept and performed, shall lawfully, peaceably and quietly have, hold, occupy and enjoy the Demised Premises during the Term hereof without hindrance or ejection by any persons lawfully claiming under the Landlord; but it is understood and agreed that this covenant and any and all other covenants of the Landlord contained in this Lease shall be binding upon the Landlord and the Landlord's successors only with respect to breaches occurring during the Landlord's and the Landlord's successors' respective ownership of the Landlord's interest hereunder. Section 7.3 Notice to Mortgagee. Alter receiving written notice from any person, firm, or other entity, that it holds a mortgage (which term shall include a deed of trust) which includes as part of the mortgaged premises the Demised Premises, the Tenant shall, so long as such mortgage is outstanding, be required to give to such holder the same notice as is required to be given to the Landlord under the terms of this Lease, but such notice may be given by the Tenant to the Landlord and such holder concurrently. Section 15.4 Mechanics' Liens. Under Florida Section 713.10, Florida Statutes, the interest of Landlord in the Demised Premises, the Demised Premises or the improvements therein, shall not be subject to liens for any improvements made by or on behalf of the Tenant and it is specifically provided that neither Tenant nor any one claiming by, through or under Tenant, including, without limitation, contractors, subcontractors, materialmen, mechanics and/or laborers, shall have any right to file or place any mechanics' or materialmen's liens of any kind whatsoever upon the Demised Premises, the Demised Premises or the improvements thereon; and any such liens are hereby specifically prohibited. All parties with whom Tenant may deal are put on notice that Tenant has no power to subject Landlord's interest to any mechanics' or materialmen's lien of any kind or character, and all such persons so dealing with Tenant must look solely to the credit of Tenant, and not to Landlord's said interest or assets. Tenant shall provide written notice to each contractor, subcontractor, materialman, mechanic and laborer performing work in the Demised Premises of the foregoing. Section 15.5 Definition of Rent and Additional Rent. The term "Rent" shall mean all Minimum Rent, Percentage Rent, Taxes, Common Area Expenses and all other payments required to be paid by Tenant to Landlord under this Lease. Without limiting any other provision of this Lease, it is expressly understood and agreed that all Percentage Rent the Tenant's participation in Taxes, Common Area Expenses, utility charges, trash removal charges and all other charges which the Tenant is required to pay hereunder, together with all interest and penalties that may accrue thereon, shall be deemed to be additional (but not minimum) rent, and in the event of non-payment thereof by the Tenant, the Landlord shall have all of the rights and remedies with respect thereto as would accrue to the Landlord for non-payment of Minimum Rent. Section 15.6 Legal Expenses. If Landlord and Tenant are involved in any litigation regarding the performance of any of their obligations under this Lease, the unsuccessful party in such litigation by final order, decree or judgment of a court of competent jurisdiction shall reimburse the successful party for all reasonable legal fees and expenses incurred by such successful party in connection with obtaining such final order, decree or judgment. Section 15.7 Invalidity of Particular Provisions. If any term or provision of this Lease, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 15.8 Provisions Binding, Etc. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the successors and assigns, respectively, of the Landlord and the Tenant. Each term and each provision of this Lease to be performed by the Tenant shall be construed to be both a covenant and a condition. Section 15.93 Governing Law. This lease shall be governed exclusively by the provisions hereof and by the laws of the State of Florida as the same may from time to time exist. Venue for any action arising under this Lease shall be in Broward County, Florida. Section 15.10 Recording. The Tenant shall not record this Lease or any memorandum or short form hereof without the written consent and joinder of the Landlord. Landlord shall have the right to record this I.,ease and, at the request of the Landlord, the Tenant agrees to execute the necessary acknowledgments required to record this Lease, in either short or long form. Section 15.4 Holding -Over. Any holding -over by the Tenant after the expiration of the Term of this Lease shall be treated as a tenancy at sufferance at two times the Rent and other charges specified herein (and if varying rates are specified herein, at three times the highest such rate), prorated on a daily basis, and shall otherwise be on the terms and conditions set forth in this Lease, so far as applicable. Section 15.10 Interest. All payments becoming due under this Lease and not paid when due shall bear interest from the applicable due date until received by the Landlord at the lesser of. (i) eighteen percent (18%) per annum; or (ii) the highest lawful rate of interest permitted at the time in the State of Florida. Section 15.11 Waiver of Jury Trial. LANDLORD AND TENANT EACH HEREBY WAIVES TRIAL, BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE OR THE USE AND OCCUPANCY OF THE PREMISES. Section 15.12 Landlord's Access to Demised Premises. The Landlord and its designees shall have the right upon reasonable prior written notice to Tenant (which notice shall not be required in the event of an emergency or if Landlord's entry shall be in the non-public areas of the Demised Premises only), to enter upon the Demised Premises at all reasonable hours for the purpose of inspecting or making repairs to the same or exhibiting the same to prospective purchasers and lenders. In making such entry, Landlord shall not unreasonably interfere under the circumstances with Tenant's business operations in the Demised Premises. If repairs are required to be made by the Tenant pursuant to the terms hereof or if the Tenant is required to perform any other obligation under this Lease, the Landlord may demand that the Tenant make such repairs or perform such obligation forthwith, and if the Tenant refuses or neglects to commence such repairs or performance and complete the same within ten (10) days after such demand, the Landlord may (but shall not be required to) make or cause such repairs or performance to be done and shall not be responsible to the Tenant for any loss or damage that may accrue to its stock or business by reason thereof. Section 15.13 Liability of Landlord. Anything contained in this Lease, at law or in equity to the contrary notwithstanding, Tenant expressly acknowledges and agrees that there shall at no time be or be construed as being any personal liability by or on the part of Landlord under or in respect of this Lease or in any way related thereto or the Leased Premises; it being further acknowledged and agreed that Tenant is accepting this Lease and the estate created hereby upon and subject to the understanding that it shall not enforce or seek to enforce any claim or judgment or any other matter, for money or otherwise, personally or directly against any officer, director, stockholder, partner, principal (disclosed or undisclosed), representative or agent of Landlord, but will look solely to the Landlord's interest in the Demised Premises for the satisfaction of any and all claims, remedies or judgments (or other judicial process) in favor of Tenant requiring the payment of money by Landlord in the event of any breach by Landlord of any of the terms, covenants or agreements to be performed by Landlord under this Lease or otherwise, subject, however, to the prior rights of any holders of any mortgages encumbering the Demised Premises, and no other assets of Landlord shall be subject to levy, execution or other judicial process for the satisfaction of Tenant's claims; such exculpation of personal liability as herein set forth to be absolute, unconditional and without exception of any kind. SIGNATURE PAGE FOLLOWS ON NEXT PAGE WITNESS the execution hereof under seal in any number of counterpart copies, each of which shall be deemed an original for purposes day and year first above WITNESS: TENANT: DRIFTWOOD 2005, LLC, a Florida limited liability company By: -- ---• e,�'-' (as to Tenant) Print N e: v r Its: err (as to Tenant) Date: 'L0 i"Z EG REAL ESTATE LLC,, a Florida limited liability company By: -L, (as to Landlord) Print N e: ''yerett Its: M er (as to Landlord) Date: T11-0111-01-1 State of Florida 9 County of Palm Beach Subscribed and sworn to (or affirmed) before me on this day of - 2017 , by!� proved to me on the basis of satisfactory evidence to be the persons) who appeared befor me. Signature 4 ta7t, !A ""ION 9 1'r 16307 nIh '14 9/19/2017 PAPA Maps http://maps.co.paIm-beach.fl.us/cwgis/papa.htmI?gvaIue=08434522000007020 1 /1 Interior Build Out Budget G. Flewelling Construction P.O. Box 678 Indiantown, Florida 34956 772-260-7070 THIS AGREEMENT made 5th day of October, 2017 by and between G. Flewelling Construction, hereinafter called the Contractor and Jimmy Everett, hereinafter called the Owner. Witnesseth, that the Contractor and the Owner for the consideration names as follows: Article 1. Scope of the Work Build new interior wall dividing the kitchen from the front of the house. Wall to be steel studs, 518 drywall, FRP on kitchen side and paint to match new color scheme {colors to be provided by owner} Article 2. Time of Completion The work to be performed under this Contract shall be commenced on or before November 1st, 2017 and shall be substantially completed on or before December 1st, 2017. Time is of the essence. The following constitutes substantial commencement of work pursuant to this proposal and contract: Article 3. The Contract Price The Owner shall pay the Contractor for the material and labor to be performed under the Contract the sum of Twelve Thousand Dollars ($12,000.00),subject to additions and deductions pursuant to authorized change order. ` Article 4. Progress Payments Payments of the Contract Price shall be paid in the manner following: 15% upon contact signing, 50% upon permitting and start of job,35% after rough inspection, 5% at Final Article 5. General Provisions Any alteration or deviation from the above specifications, including but not limited to any such alterations of deviation involving additional material and/or labor costs, will be executed only upon written order for same, signed by Owner and Contractor, and if there is any charge for such alteration or deviation, the additional charge will be added to the contract price of this contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made. A failure to make payments for a period in excess of 7 days from the due date of the payment shall be deemed a material breach of this contract. In addition, the following general provisions apply: 1. All work shall be completed in a workman -like manner and in compliance with all building codes and other applicable laws. 2. The contractor shall furnish a description of the work to be done and description Page 1 of 3 ofmaterials tobeused and the equipment tobeused minstalled, and the agreed consideration for the work. 1 Tnthe extent required by law all work shall he performed by individuals duly licensed and authorized bylaw hoperform said work. 4. Contractor may atits discretion engage sub -contractors tnperform work hereunder, provided Contractor shall fully pay said sub -contractor and |nall instances remain responsible for the proper completion ofthis Contract. 5. Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed ormaterials provided at the time the next periodic payment shall be due. 0. All change orders shall be in writing and signed both by Owner and Contractor, and shall beincorporated in, and become port ofthe contract, 7. Contractor warrants kioadequately insured for injury its employees and others incurring loss or injury as a result of the acts of Contractor or its employees or sub -contractors. B. Contractor shall at its own expense obtain all permits necessary for the work to be performed. S. Contractor agrees \oremove all debris and leave the premises |nbroom clean condition. 1D.|othe event Owner shall fail hopay any periodic minstallment payment due hereunder, Contractor may cease work without breach pending payment or resolution of anydispute. 11. All disputes hereunder shall be resolved by binding arbitration in accordance with rules c#the American Arbitration Association. 12 Contractor shall not beliable for any delay due tocircumstances beyond its control including strikes, casualty orgeneral unavailability ofmaterials. Signed this 'l day of 10, 2017 din the presence of: Witness Name of Owner: - Jimmy Everett TMETER-TIMM MI Street Address: P.O. Box 678---�' City/State/Zip: Indiantown, F1 34956 Telephone No.: 772~260-7070 Contractor's Licenser No.: CB('- 1256699 INVOICE No# n w DATE: ATLANTIC COAST Restaurant & Mechanical Services, LLC. FIRE EQUIPMENT / HOOD SYSTEMS/ HVAC S/S FABRICATION / RESTAURANT EQUIPMENT 7700 NW 37th Ave. Miami, FL 33147 Miami Dade: 305-633-4327 Broward:954-327-3636 Palm Beach: 561-734-1659 Jupiter: 561-746-1010 Toll Free :866-506-3810 Fax: 305-633-1346 www.acrestaurantservices.com www.hoodsrus.com COMPANY NAME . ` _= INSTALL ADDRESS ( IFD1FFERENT ) BILL TO ADDRESS K CLASS WET AGENT r°),) �� d k 4F SIZE n ` rt f 5# ABC WEI _ 1 B PHONE: ` R m ; - FAX: REP NAME CONTACT ``' TERMS: PAYMENT IS DUE UPON RECEIPT -CHECK# CHARGETYPE CC# EXPIRATION AUTHORIZED SIGNATURE: CHARGE AMOUNT $ QTY ITEM PRICE AMOUNT PORTABLE EXTINGUISHER SERVICED & CERTIFIED 8446 4V 4.6 AMP BATTERY TAG ONLY NEW PORTABLE EXTINGUISHERS PRICE AMOUNT 864 6V 4 AMP BATTERY ITEM DESCRIPTION OTHER AS77695 2.5 ABC PORTABLE VA4RSA PLASTIC EXIT SIGN RED LED SELF POWERED NI -CD UNIT 5# ABC DRY CHEMICAL JE 10# BC HI -SA STD XCLRUW EMERGENCY EXIT COMBO I I 1 1 20# HI SA 40 ABC PORTABLE AUTOMATIC FIRE SUPPRESSION SYSTEM FUNCTION TESTED & CERTIFIED K CLASS WET AGENT TYPE SIZE n ` rt f 5# ABC WEI TYPE SIZE5# HALOTRON / FIXED NOZZLE 3234 360 ML FUSIBLE LINK CABINETS & PANELS 3235 450 ML FUSIBLE LINK 105-5 COMPLETE 5# COMPLETE CABINET BA120043 NITROGEN SYS. CARTRIDGE 105-5 FRAME 5# FRAMES ONLY BA97203 12 GR. CO2 CARTRIDGE 10575 5# CLEAR PANELS ONLY PC102 16 GR. CO2 CARTRIDGE M2CR 10# RED PANELS PC3054206 PCL WET NOZZLE CAP 105-10 FRAME 10# FRAMES ONLY AS77695 ANSUL BLOW -OFF CAPS 105-10 PANELS 10# PANELS ONLY BA97054 RG FOIL NOZZLE SEAL 11001-H 10# COMPLETE I I PCRL300 3 GAL. WET CHEM I I I I I OTHER I I I BA120032 4 GAL. KARBALOY STEAM CLEANING AC3254203 NOZZLE 0 RING STEAM CLEAN HOOD DUCTS 60120110 REMOTE PULL UP PLENUMS AND GREASE FILTERS AS433208 CHAIN BROILER BLOWOFF LABOR AND MATERIALS INCLUDED LABOR IN, 7' APPLIANCES CLEANING GREASE FILTERS GREASE CUPS NOTES TO CUSTOMER:QUOTE, U T TAL j 4 CYLINDERS NEED HYDRO TEST � � / ifs les tax exempt kindl fax certificate TAX FIRE EXTINGUISHER OK a" 1 `7 0. El l i'; Ill" ° DISPOSAL/ FUEL SURCHARGE �d r Lj K CLASS NEEDS HYDRO TEST " � e TOTAL OWEQ' a�� .o Il- SIGNATURE: k '' gF b State Certified Mechanical Contractor # CMC1249792 State Certified Sheetmetal Contractor #CSC056411 NAME: Fire Equipment Dealer License #FED 14-000003 The equipment, materials & supplies listed on this invoice shall remain the property of Atlantic Coast Restaurant & Mechanical Services, LLC until paid in full. Terms of Payment: All invoices are due and payable upon receipt. A service charge of 1.5 % per month ( 18% annum) will be charged on invoice over 30 days past due. Accounts past due 30 days or longer will be charged interest equal to the maximum allowable under Florida law plus legal fees for the collection of all sums hereunder. END OF MONTH STATEMENT WILL NOT BE MAILED, PLEASE REMIT FROM THIS INVOICE. |NVO|CENo# rm/°""/n,rl~ �o�x��'4327 n."°�"+��- ��a '---'---------- — Palm Beach: 561-734'1059 TnUFree :866-506- 3810 wwxuacestauramservices.cnm -------'--' ---~ Jupiter: 501-740-1010 Fax: 305-633-1346 wwvxhoodsrus.cum ---- INVOICE Sepee r,, -,,.,,Der 26. Mr. Jorin Couperus Coup A Ca nara 2 SW CalVarnia Ave Sluart, ' L 34W4 &?ptemne r 26, 20 7,7 Mr. �,amas Ever ti DrOtwood Restaurarl 20015 S Fedeml Highway Boymor, Beach FL' 3,34.35 ir4 114 7!,' $995 $850 0). 6325 V5050 JOG RD 6?25 561-498-1251 DEL RAY BEACH, FLORIDA 33446 6325 000.59 61990 11/18/17 02:00 PM SELF CHECK OUT 056198721418 PPG TMLS INT <A> PPG TMLSS ULTRA DEEP/B3 EGG 11402" 3®34..8 104.94 MAX REFUND VALUE $83.96/3 1 056198721340 PPG TMS INT <A> PPG TMLSS MIDTONE/82 FLAT 11602 2®33. Gla 67.96 MAX REFUND VALUE $54.36/2 -~PRO XTRA PAINT REWARDS --------- 172.90 Gold -34.58 MUST RETURN ALL ITEMS FOR A FULL REFUND SUBTOTAL 138.32 SATES TAX 9.69 XXXXX"XXXXX9096 DEBIT $148.01 AUTH CODE: 462657 USD$ 148.01 Chip Read Verified By PIN AID AOOOQ0009f30840 TVR 8080048000 US DEBIT TAD 06010A03602000 TSI 6800 ARC 00 PR'O XTRA MEMBER STATEMENT PRO XTRA "N-11#4-9030 SUMMARY THIS RECEIPT PO.i;+013 NAME: CONTRACTOR PRO XTRA SPEND TH 5 VISIT: $138.32 INCLUDES: Pro Xtra Paint Savings $34.58 2017 PRO XTRA SPENT) 11/17: $22,299.95 INCLUDES: Pro Xtra Paint 2017 Savings $1,283.31 Th is DISCOUh NTSand ase 6csfFUEL Home Depot CorrmercJal Credit Card. Ask an Associ att:. to learn more or go to homedepot.com/fInanceoptions. IIII II�III IIIIIIII IIII�III �IIIIIIII IIIIII II II 632'5 59 61990 11/18/2017 0918 RETURN POLICY DEFINITIONS P01_Ir:Y ID DAYS POLICY EXPIRES ON A 1 g0 02/16/2018 THE HOME DEPOr RESERVES THE RIGHT TO BOYNTDN BEACH HOME DEPOT (561)364-9600 STORE MANAGER GE0FF 0224 00007 95914 11/21/1.7 11:02 AM CASHIER DOLORES 751664738074 CI 8.97 CS REMOVER AEROSOL 081099018473 X2 DRYWALL <A> 1/2^X2'X2' DRYWALL REPAIR PANEL 2@4.08 8.86 SUBTOTAL 18.93 SALES TAX 1.33 TOTAL *20.26 XXXXXXXXXXXX9098 DEBIT USD$ 20,26 AUTH CODE 572203 Chip Read Verified By PIN AID A0000000880840 UD DEBIT TVR 8080048000 IAD 0601OA03602000 TSI 6800 ARC DO - 0224 07 95914 11/21/2017 4955 RETURN POLICY DEFINITIONS POLICY IO DAYS POLICY EXPIAE� ON A 1 BO 02/19/2018 THE HOME DEPOT RESERVES THE RIGHT TV LIMIT / DENY RETURNS. PLEASE SEE THE RETURN POLICY SIGN IN STORES FOR DETAILS. BUY ONLINE PICK-UP IN STORE AVAILABLE NOW ON HOMEDEPOT.COM. CONVENIENT, EASY AND MOST ORDERS READY IN LESS THAN 2 HOURS! x"xxx^",vvxvx^xv*�xxx",*^^xxx*"*xx,"*,r ENTEk� TO 4*Z0 A $5,000 HOME DEPOT GIFT CARL.)? Tel I about your store visit! arvevmnd enter for a chance to will at: www.homedepot.nom/smvev PARTI(--IPE EN UNA QPDRT NZ DE [�;A0AFZ UNA A DE RE(.—,AU] DE IJ -0 DE $5~OUOY Comparta Su Opinion! Complete la brev,� www.homadepvt cox/survey Uise-_ZD: H88 192341- 1i92124 8OYNTON 561>864-8600 STORE MANAGER GEOFF 0224 00056 05183 11/27/17 10:47 AM SELF CHECKOUT 022384002005 PAINTEDGRRFL -A> SL CORNER PAINTER / EDGER REFI 727193903252 9RLRTRY3PK <A> 9 IN PLASTIC ROLLER TRAY 3PK 887480001624 SCREW <A> .51 SHEET METAL SCRE'W PAN -HD SS 6XI/2 051652004199 I/E PRIMER <A> MAX REFUND VALUE' $69.08/5 86.35 Gold 17.27 MUST RETURN ALL ITEMS FOR A FULL REFUND __________________ 80.03 SALES TAX 5.80 TOTAL $85.63 KXXXXXXXXXKX9096 DEBIT USD$ 85.63 AUTH CODE 668829 Chip Read Verified By PIN AID A0000000980840 US DEBIT TVA 8880048000 IAD 06818A03802000 '4~� TSI 6800 ARO OO PRO XTQAMEMBER STATEMENT PRO ###-#N#-9030 SUMMARY THIS RECEIPT PO/JOB NAME: CONTRACTOR PRO XTRA SPEND THIS VISIT: $80.03 INCLUDESPro Xtra :PmintSavimgs *17.27 2017 PRO XTAA SPEND 11/26: $23.679.42 Pro Xtra Paint 2017 Savings $1,440.22 This purchase qualifies for FUEL DISCOUNTS and 60 DAYS TO PAY on The Home Depot Commercial Credit Card. Ask an Associate tolearn more or go to 11111111111111111111111111111111111111111111111111111 all 11 oil P aeu!s d 17571 192117 'mpgap 'mv.... . .. ...... ... NEW BOYNTON EiEAG,11 floff I-EPOT '4, STORE -1 MANAGER GEOFF 0224 00009 ',,.6609 11"18/11, 11 09 01 CASHIER MIRAIDE 056198721418 PP(a TML_5 I1\1i <A- '1165. 141 PPG TMLSS ULTRA Orf -P,14", F��(l 18 158 4034.98 1 39. 92 .139.92 MAX REFUND VALUE 55.00 1001-716-626 GL DMND FL :A- 0��',D,13 263, 99 GL.D DIAMOND INT VL.1 EN Pjkl- Wi i',qo., 8@23.98 AID A00000009808e10 MAX REFUND VALUE TVR 8080048000 PRO XTRA PAINT k) I - 14 A R L) 1 IAD 06010A03602000 331.76 Gold 66 3t;: MUST RETURN ALL fTEW,,' Fok, A 1 -U -i. 1,[. F t ijjfj SUBTO'; AL '1165. 141 SAI -ES TAX 18 158 TOTAL $28 . 99 XXXXXXXXXXXX9096 DEBIT 55.00 CHANGE: 0��',D,13 263, 99 AUFLi CODE 7_70389 Chip Read vpT 1 f i ed F,�, I -'I H AID A00000009808e10 TVR 8080048000 IAD 06010A03602000 TSI 6800 ARC 00 PRO X'I RA MEWE(' S I A I I PRO xTRA k944W-9036 SIJMMAfn, 11-11 S RECEffl*f PO/JO 3 NAME.: L (J I t,, 4 k.4i I)RO XIRIA SPEND T1,11IS VTsi I INCLUDES: Pro Xtra Paint Sa-prig,, '')(-I i'7 I ()1),') 11 1 1', A 001" R,f i I — SALE — SALESN: S1792OK1 2368339 TRANSC 9140360 12-01-17 253307 PROJECT SOURCE 2 -IN BRUSH 494022 1.5 -IN ALL-PURPOSE ANGLE 105657 PROJECT SOURCE 5 PC BRUSH 3.418 760454 12 -OZ CR BLINDFOLD UAL 39.84 8 is 4.98 SUBTOTAL: 51.78 TAX: 3.11 INVOICE 09309 TOTAL: 54.89 CASH : 55.00 CHANGE: Ell STORE: 1792 TERMINAL: 09 12/01/17 10:00:10 OF 11 -EMS PURCHASED: 11 EXCLUDES FEES, SERVICES AND SPECIAL ORDER ITEMS THANK YOU FOR SHOPPING LOUE'S. SEE REVERSE SIDE FOR RETURN POLICY. STORE MANAGER: BOB RHEARN LOU'S PRICE MATCH GUARANTEE FOR MORE DETAILS, VISIT LOUES.COM/PRICEMATCH X, *,FX,5x YOUR OPINIONS COUNT! REGISYER FOR A CHANCE YO BE ONE OF FIDE $300 YINHERS DRAW WONINLY! iREGISTRESE EN EL SORTEO MENSUAL PARA SER ONO DE LOS CINCO GANADORES OE $3001, REGISTER BY COMPLETING A GUEST SATISFACTION SURVEY WITHIN ONE WEEK AT: tAlw-laues.con/survey Y 0 U R I D# 09309 1792 335 NO PURCHASE NECESSARY 1`0 ENTER OR UIN. VOID HERE PROHIBITED. MUST OF 18 OR OLDER TO ENTER. OFFICIAL RULES & WINNERS AT: SPORE: 1192 TERMINAL: 09 12/01/17 10:00-10 All - Departments Browsing History robeffs Arnazon.c.orn Your Account > Your Orders , 0! 4 Ordered on November 10, 2017 Order# 111-4829384-7765003 Shipping Address robert trif letti 5580 DESCARTES CIR BOYNTON BEACH, FLORIDA 33472-2424 United States Change Arriving Sunday Not ye.t shipppd Sold by: 3 Condition: New Add gift option Buy it again ;Vff 7 177 �; —rompt - ImplAT.-M. BNC Video and... EN IHello, robert 0 Account & Lists Orders Prime Cart View or Print invoice Payment Method Apply gift card balance Order Summary —1. - 6 511 Entef codc Appty Item(s) Subtotal: Change Shipping & Handling: Total before tax: Estimated tax to be collected: Grand Total: --two Your recently viewed items and featured recommendations Track package $39.99 $0.00 $39.99 $0.00 $39.99 Change Payment Method Cancel items Archive order Shipping speed Two -Day Shipping Change $2 . 9 S, &V :yj� SAL -E. -- SALES#: S1111C11 '!384242 IRANSP: 13612862 12.18-17 650156 PS HNDBK BLK GU10 H0(-233 13.43 7 @ 10.49 650151 PS WHT/BLK MINI STRGHT(24 4.48 784106 2 -IN X8.51 -IN ADHESIVE WA 2.56 2 W 1.26 650153 FS UHT/8LK FLOAT PUR SUP( 5,23 761283 UT LEU 2-111) BLU FLOOD WH 19,96 2 U 39.98 650145 PS 48 -IN BLK TRACK SECT(- 8.2?.� 650144 PS 48--1N WHT TRACK SECT(- 9.61 SUBTOTR(: 103.75 \ P TAX: 12.87 b 1 11,10ICE 03908 TOTAL: 196.62 DEBIT: 196.62 DE8T.I:XXXXXXXXXXXX9O96 AMOUNI:196.62 AUIHCU:093099 SWIPED REFID:111103156608 12/18/17 11:01:22 TRACE:00696695 PURCHASE CASH BACK TUTAL DEBIT 196.62 0.00 196.62 STORE: 1111 IERMINAI.: 03 12/18/11 11:01:40 EXCLUDES FEES, SERUIC'ES AND SPECIAL ORDER ITEMS [HANK YOU FOR SHOPPIN6 LUUE'S. SEE REVERSE SIDE FOR RETURN POLICY. STORE MANAGER: JIMMY MCNAMARA LOWE'S PRICE MATCH GUARANTEE FOR MORE DETAILS, UISIT LOUES.COM/PRICEMAICH YOUR OPINIONS COUNT! REOISIER FOR A CHANCE 10 BE # r UNE BF FIVE $300 VINHERS BRAUN MONTHLY! iREGISTHESE EN EL SORTED MENSUAL PARA SER UNO DE LOS CINCO UANADORES DE $300! # REGISIER BY COMPLETIN6 A (iUEST SATISFACTION SURVEY � O(THIN ONE WEEK AT: www.iuwps.cum/suruuv V 0 U R I D 0 03908 1111 352 NU PURCHASE NECESSARY 10 ENTER ON VIN. » UOID WHERE PROHIBITED. MUST BE 18 OR OLDER 10 ENTER, OFFICIAL RULES 8 DINNERS AT: ww(r.lt�ues.cm�}/suruev #r##4r######a########Ar####a#}######ah##r###a#####a##a## 1 I 4• uZ .- SAI -E - SALE W SALEW SlIIIKHl 2243865 IRANso: 13831934 li-18-11 264A5 SLAW (It ASS PENDANT SHROL libm" 9d 12.98 SUBTOTAL: 116.82 FAX: 8.18 INUOIC17, 03181 TOTAL: 125.00 DEBIT: 125.00 SWIPED HFFID: Ill 103150810 11/16/1/ 08:12:45 IRA(E:00030168 PURCHASE CASH BACK IUIAL DEBIT 125.00 0.00 126.00 1111 fffim).Nfit.: 63 WWII 00:13,10 01 ITEMS PURCHASLD '. 9 EXCLUDES [ELS, SERVIffl. hill) )14TTfi[ OWER llilb, �'II�I��I�'�Il�ill�'�II�'IIS'�IN��I�II'1I�I��1l��'I�,INillll��l'�II��II��I'II.'Ili�;l'�I�lill�h�ll�'��(I' [HANK YOU HIT SHOPPING 1.01& ".i, SEE REVERSE SIDE FOR RETURN pulutly. MANAGER: JIMMY 11CWHAlik LOUD 6ILE WCH UUMANIft FUR ftt DETAILS, UJSII 4..4 4 t + 1 +4, f f +144 4k + 8 +4 + 44 +** f+ * 4, 4 + *4 1 +4.4, t + +t 1 404A 44 a4t YOUR OPINIONS COUNT! 6161SIER FOR A CHANCE 10 BE ONE Of FIVE $joo WINNERS DRAOR NON11fiv! iAGIS[RISE EN El SORIFO MENSUAL PARA SEh ONO DE [US CINCO (ANADdES DE 6300! FiEUIS11:11 OV COMP1,11INI'l A hUES1 SAff"tAUT)ON SURVEY WIIHIN ONE WEEK fif: Y 0 U R I D# 03181 1111 320 110 PURCHASE NECE.SSARY 10 ENILR OR will. Wall) WHERE FRUNIbIlEo. "Usl bk 18 UR UkkH In ofth UFFICIAL RULES & RINGERS Af: utm.lowes crm/burvey 4.+4,�* f4 '44 4 4 a f 0 + f4 44q 440f.+ # d + ++ 4, + C* T + + ! * + + +4 1+ SIORE: 1111 ]ERMINAL: 0' 11/16/0 00:13:10 -" SAL.E SALFSO: S111111H 2198481 fRANSk 19680197 11-14-17 586826 RAI)ENSPORT 881 CAUH PER 18.98 SUP[O [Al. ; 11,98 'AX: 1.33 INVOICE IB391 TOTAL: 20.31 rZii : 9.61 DEBIT: 10.70 H1I:XXXx9XXxXXXX9036 AHOUN f . 10 . /U NO I'liLI) : 1 1.12091 SWIPED REV tri: 11 I 1180451J2 11/14/17 12:W23 fRACE:00388324 PURCHASE CASH BACK NI AL DEBIT 10.70 0.00 10,10 TORE: 1111 IEWHAI-: 18 11/14/17 12-34.'45 of, ITEMS PURCHASED-, I EXCLUDES FEES, sERUIUES AND SPECIAL ORDER flkhb lll,ll�;Il��lf�ll��l�►11��6111�I111J�L��III��I�I�I(��IIJ��LIIIIII �l�ll�ll�i��il� THANK YOU FOR SHOPPING LOVE'S. SEE REVERSE SIDE FOR RETURN POLICY STORE MANAGER: JIMMY MCNAIIARA LOWE'S PRICE MATCH GUARANTEE FOR MORE DETAILS, VISIT * P4.p P+ A RP f P 44"*4 YOUR OPINIONS COUNT! REGISTER FOR A CHANCE fO BE ONE Of FIVE $300 DINNER$ DRAW NOWTHLY! iREUISTRESE EN EL SORTED MENSUAL PARA SEH LIND BE LOS CINCO GANADORES Ilk $300! Hbils([H BY WIPWIN6 A WEST SMISFAU0,11 SUHOY WITHIN ONE UEEK AT: uww.lo()8s.cQm/suN8Y Y 0 IT R I D# 10391 1111 318 NO PURCHASE NFC0,*,ARY TO ENTER OR 111N. UHEHE PROHIBITED. musr HE III oR OLDER TO mm iFFICIAL. RULES A IIINNERS AF: mm. luas-vam/sIll VEY Pa**4 "Ac *4 #"* 4, 1 ' 4 ,P*# "* 0-**+*'+ 0011 4 + STORE: 1111 TERMINAL, 18 11/14/17 12,34.45 LOWE'$ HOME CENTERS, LLC 1500 CORPORATE DRIVE BOYNTON BEACH, FL 33426 (561) 733-1397 — SALE — SALES#: FSTLANEI 13 TRANS#: 58233282 11-09-17 47903 YELLOW WINGNUTS 25 -PACK 3.58 69871 14-2 MC W/GRN GRNO Al CLA 14.27 468841 SIGMA 3/8 -IN NM SNAPLCKCO 5.98 72440 HANDY BOX COVER BLANK 1.00 2 0 0.50 70967 HANDY BOX 1 -7/8 -IN DEEP 1 1.88 2 W 0.94 818862 UT 5-IN/6-IN LED OWN LGHT 54.98 SUBTOTAL: 81.69 TAX: 5.72 INVOICE 07900 TOTAL: 87.41 DEBIT: 87.41 DEBIT: XXXXXXXXXXXX 1927 AMOUNT:87.41 AUTHCD:097486 SWIPED REFID:111107050483 11/09/17 08:14:01 TRACE: 00623088 PURCHASE CASH BACK TOTAL DEBIT 87.41 0.00 87.41 TORE: 1111 TERMINAL: 07 11/09/17 08:15:01 OF ITEMS PLIRCIJASED: S EXCLUDES FEES, SERVICES AND SPECIAL ORDER ITEMS III I I 111111111111111111111 THANK YOU FOR SHOPPING LOWE'S. SEE REVERSE SIDE FOR RETURN POLICY. STORE MANAGER: JIMMY MCNAMARA LOWE'S PRICE MATCH GUARANTEE FOR MORE DETAILS, VISIT LOWES.COM/PRICLMATCH kKKKKKKKKKKtltKKKKKKKKKKKKKKKKKKKKMtKKKKKKKKNNtKKWKK;tlKK#tKKKKKKM'XtMtKKKKKKKKKK%tKKKKKKKKKKKKKKKKkcKKKKKKNc YOUR OPINIONS COUNTI KK REGISTER FnR A CHANCE TO BE w ONE OF FIVE $300 WINNERS DRAWN MONTHLY! KK iREGISTRESL EN EL SORTED MENSUAL KK PARA SER UNO DE LOS CINCO GANADORES DE $3001 KK REGISTER BY COMPLETING A GUEST SATISFACTION SURVEY WITHIN ONE WEEK AT: www.lowes.com/survey Y 0 U R I 0# 07900 1111 313 NO PURCHASE NECESSARY TO ENTER OR WIN. KK VOID WHERE PROHIBITED. MUST BE 18 OR OLDER TO ENTER. KK OFFICIAL RULES al, WINNERS AT: www.lowes.com/survey KK Ke�acw�eew*��wee��am�mmx��m,��w�sw��eee��w��e�m�w��weme TORE: 1111 TERMINAL: 07 11/09/17 08:15:01 }} aF a �n n lll_AhE::vi hY}stt. 4i�4i1.Y..te� �Y,r„Gtr�xm43 LOWE'S HOME CENTERS, LLC 1500 CORPORATE DRIVE BOYNTON BEACH, FL 33426 (561) 733-1397 — SALE -- SALES#: FSTLANEI 13 TRANS#: 58076017 11-07-17 78453 3M RUBBER LINERLESS GOOD 2.48 637854 8 -IN HEAVY DUTY CABLE TIE 7.98 471911 SW 15 -FT FISH STICK GLOW 36.98 818862 UT 5-IN/6-IN LED OWN LGHT 54.98 SUBTOTAL: 102.42 TAX: 7.17 INVOICE 07782 TOTAL: 109.59 DEBIT: 109.59 DEBIT:XXXXXXXXXXXX1927 AMOUNT:109.59 AUTHCD:009422 SWIPED REFID:111107050341 11/07/17 12:33:18 TRACE:00886739 PURCHASE CASH BACK TOTAL DEBIT 109.59 0.00 109.59 STORE:: 1111 TERMINAL: 07 11/07/17 12:34:03 OF ITEMS PURCIJASEI3: 4 EXCLUDES FEES, SERVICES AND SPECIAL ORDER ITEMS THANK YOU FOR SHOPPING LOWE'S. SEE REVERSE SIDE FOR RETURN POLICY. STORE MANAGER: JIMMY MCNAMARA LOWE'S PRICE MATCH GUARANTEE FOR MORE DETAILS, VISIT LOWES.COM/PRICEMATCH Nt%cKKKKKKKKKKNtKKKKKKNtKKKKMtKKKKsgMtKKKKKKKKKKKKKKKKKK:RsNKKKKKKgcKKKKNtXtKKMukNtfXKK#tNtKKKKKK#tKKr%NcWtk#c KK YOUR OPINIONS COUNT! KK REGISTER FOR A CHANCE TO BE KK KK ONE OF FIVE $300 WINNERS DRAWN MONTHLY! KK iREGISTRESE EN EL SORTED MENSUAL KK PARA SER UNO DE LOS CINCO GANADORES DE $3001 hil.: TCR dY rUNPLETING A GUEST Al IoFk 1, ON .:UR0 � WITHIN ONE WEEK AT: www.lowes.c:misurvey KK KK YOUR IO# 077821111311 KK � KK KK NO PURCHASE NECESSARY TO ENTER OR WIN, KK KK VOID WHERE PROHIBITED. MUST BE 18 OR OLDER TO ENTER. KK KK OFFICIAL RULES B WINNERS AT: www.]owes.com/survey KK KKKKKKKKKK#tKKNtskKKKK%tNtfkKKkt#tKKKKKKKK#tKKKKKKKKKKKKMKK#IKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKI%KKNiKKKKKKKKKKNtt# STORE: 1111 TERMINAL: 07 11/07/17 12:34:03 1 LOWE'S HOME CENTERS, LLC 1500 CORPORATE DRIVE BOYNTON BEACH, FL 33426 (561) 733-1397 — SALE -- SALES#: FSTLANEI 13 TRANS#: 58408767 11-11-17 795300 UT 4 -IN 2700K LED OL 2 -CT 29.96 2 @ 14.98 SUB TOTAL: 29.96 TAX: 2.10 INVOICE 07053 TOTAL: 32.06 DEBIT: 32.06 DEBIT:XXXXXXXXXXXX1927 AMOUNT:32.06 AUTHCD:068306 SWIPED REFID:111107050691 11/11/17 08:58:58 TRACE:00989748 PURCHASE CASH BACK TOTAL DEBIT 32.06 0.00 32.06 ;TORE: 1111 TERMINAL: 07 11/11/17 08:59:47 0 OF ITEMS PURCIJASECD: 2 EXCLUDES FEES, SERVICES AND SPECIAL ORDER ITEMS THANK YOU FOR SHOPPING LOWE'S. SEE REVERSE SIDE FOR RETURN POLICY. STORE MANAGER: JIMMY MCNAMARA LOWE'S PRICE MATCH GUARANTEE FOR MORE DETAILS, VISIT LOWES.COM/PRICEMATCH KKKK NtKKNtKK WKK KK KK KKKKKK KK KK KK KK KKKKYcKKKKKK KKlk KKKK KKKKKK KK KK NKK KK KKMCKKtltKK KKKKKK#tKK KK KKKKMt Ns KK KK KKKK KK YOUR OPINIONS COUNT! KK REGISTER FOR A CHANCE TO BE KK ONE OF FIVE $300 WINNERS DRAWN MONTHLY! KK iREGISTRESE EN EL SORTED MENSUAL KK PARA SER UNO OE LOS CINCO GANADORES DE $3001 KK REGISTER BY COMPLETING A GUEST SATISFACTION SURVEY KK WITHIN ONE WEEK AT: www.lowes.com/survey KK YOUR 10 070531111315 KK NO PURCHASE NECESSARY TO ENTER OR WIN. KK VOID WHERE PROHIBITED. MUST BE 18 OR OLDER TO ENTER, KK OFFICIAL RULES & WINNERS AT: www.lowes.com/survey KK KK Yc KK KK Nt kt fN KK KK IN KK N YnN KK KK kt pt KK KK Nt W KK 6k Yt KK KK:9 KK Nt W KK KK KK N KK sM KK KK KK KK KK kt KK KK KK KK KK KK KK Nt %t KK KK KK TORE: 1111 TERMINAL: 07 11/11/17 08:59:47 tik 1n� f n7711 i F �n eaa spa ph�, w -c r� _71 LOWE'S HOME CENTERS, LLC 1500 CORPORATE DRIVE BOYNTON BEACH, FL 33426 (561) 733-1397 — SALE -- SALES-: FSTLANEI 13 TRANS#: 58064130 11-07-17 818862 UT 5-IN/6-IN LED OWN LGHT 54.98 SUBTOTAL: 54.98 TAX: 3.85 INVOICE 07756 TOTAL: 58.83 DEBIT: 58.83 DEBIT:XXXXXXXXXXXX1927 AMOUNT:58.83 AUTHCD:032732 SWIPED REFID:111107050308 11/07/17 09:15:16 TRACE:00529321 PURCHASE CASH BACK TOTAL DEBIT 58.83 0.00 58.83 STORE: 1111 TERMINAL: 07 11/07/17 09:15:50 OF ITEMS PURCIJASED: 1 EXCLUDES FEES, SERVICES AND SPECIAL ORDER ITEMS ill I 1111111111111111111 THANK YOU FOR SHOPPING LOWE'S. SEE REVERSE SIDE FOR RETURN POLICY. STORE MANAGER: JIMMY MCNAMARA LOWE'$ PRICE MATCH GUARANTEE FOR MORE DETAILS, VISIT LOWES.COM/PRICEMATCH KKKK#fKKKKKKKKKKKKKKKKKKKKNtKKKKKKKKKKKKKKKKKKKKKKKKKKKK,RKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKktKKKKNc%t%c KK YOUR OPINIONS COUNT! KK e REGISTER FOR A CHANCE TO BE KK KK ONE OF FIVE $300 WINNERS DRAWN MONTHLY! KK KK iREGISTRESE EN EL SORTEO MENSUAL KK ra PARA SER UNO DE LOS CINCO GANADORES DE $3001 KK KK KK REGISTER BY COMPLETING A GUEST SATISFACTION SURVEY KK KK WITHIN ONE WEEK AT: www.lowes.com/survey KK KK YOUR IDM 07756 1111 311 KK e KK KK NO PURCHASE NECESSARY TO ENTER OR WIN. KK KK VOID WHERE PROHIBITED. MUST BE 18 OR OLDER TO ENTER, KK KK OFFICIAL RULES & WINNERS AT: www.lowes.com/survey KK KKKK%cKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK#cKK;WKKKKKKW%ttltKKKKKKMtKKKKKKKKKKKKKKKKKKkcKKKKKKKKKKKKKK STORE: 1111 TERMINAL: 07 11/07/17 09:15:50 q6 410 �sl i� �..x3 e �1,..5.r� Print this jjgg_gjQr_yQu r rds. Order Placed: December 3, 2017 Amazon.com order number: 112-4531182-8001056 Order Total: $40.27'v Items Ordered Price 1 of: Wall Mount Soap Dispenser Peraing Bathroom or Kitchen Manual Liquid $16.58 Soap Box Stainless Steel 17oz1500ml Sold by: Forever Forward (sellQs__la_cQfilQ) Business Price Condition: New 1 of: Bobrick 262 Surface -Mounted Paper Towel Dispenser, 10 3/4 x 4 x 14, $22.14 Satin Stainless Steel Sold by: warehouse Deals, Inc Condition: Used - Good Small cosmetic imperfection on top, front or sides of item. Small cosmetic imperfection on interior of item. Item will come in original packaging. Packaging will be damaged. Shipping Address: Item(s) Subtotal: $38.72 Driftwood 2005 LLC Shipping & Handling: $0.00 742 Place Chateau ----- Delray Beach, FL 33445 Total before tax: $38.72 United States Sales Tax: $1.55 Shipping Speed: Total for This Shipment: $40.27 Two -Day Shipping ----- j&TZj3=fe-TF5F,1 T191 Payment Method: Items) Subtotal: $38.72 Visa I Last digits: 9088 Shipping & Handling: $0.00 Billing address Total before tax: $38.72 Driftwood 2005 LLC Estimated tax to be collected: $1.55 742 Place Chateau Delray Beach, FL 33445 United States Grand Total: $40.27 Credit Card transactions Visa ending in 9088: December 4, 2017:$40.27 s https://www.amazon.com./gp/css/summary/print.htmi/ref=aw_od_ps?ie-UTF8&orderiD=112.-453'1182-8001056 12/4/17, 9:42 PM Page 1 of 2 D A CULPEPPER 1619 NORTH DIXIE HIGHWAY Nr,,T PALM BEACH FL 33407 CREDIT CARD SALE MID: 8788014194754 TID: 88014194754 REF#: 00000006 Batch #: 0416 112/15/17 14:53:48 Customer #: 99 Invoice #: 6 APPR CODE: 168144 VISA "k—A—**�*909G TRN REP 467349716288706 VAL CODE: C6GA Approved: Online Chip USD $800.00 TAX USD $66.00 TOTAL USD $866.00 VISA DEBIT AID: A000000O031010 TVR: 80 80 00 80 00 TSI: 68 00 ARC: 00 THAW YOU! PLEASE COME AGAIN! 561-837-8080 CARDHOLDER COPY RETAIN THIS COM FOR STATEMENT VERIFICATION More saving. More doing." ON 1)364-9688 STORE MANAGER GEOFF 00058 09587 11/28/17 12:35 PM :Mt:K OUT 43010950 GS 8&F OSS <A^ 5.25 /IA GAP FILLER WITH OUICK STOP STRAW 186206745 SMOKE GROUT "A= 9.97 #145 LIGHT SMOKE SANDED GROUT 7LB SUBTOTAL 15.22 SALES TAX 1.07 |o|8L $16.29 xxXxxXXXXxX5168 DEBIT Ab[H CODE 980280 USD* 16.29 Chip Ammd Verified By PIN AID AUOO0000980840 U3 DEBIT TVR 8080048800 IAD 8801UA03603000 TSI 8800 ARC UO 0224 58 09587 12/20/2017 1414 RETURN POLICY DEFINITIONS POLICY IU DAYS POLICY EXPIRES ON A 1 QO 03/20/2018 THF HOME DEPOT RESERVES THE RIGHT TO LIMIT / DENY RETURNS. PLEASE SEE THE RETURN POLICY SIGN IN STORES FOR DETAILS. of IV rl" Tklr More saving. More doing." BOYNTUN BEACH HOME DEPOT (561)364-9600 STORE MANAGER UEOFF 0224 00056 49182 12/21/17 10:54 AM SELF CHECK OUT 764661213017 1ODLRED <A^ 6.97 SAKRETE 1LO QED CEMENT COLOR 010186212746 7LB GROUT °Ap 9.87 #10 AWT WHITE SANDED GROUT 7LB SUBTOTAL 16.94 SALES TAX 1.19 TOTAL *18.13 XXKXXXKXXKXX5168 DEBIT USD$ 18.13 AUTH CODE 270350 Chip Read Verified By PIN AID A0000000980840 US DEBIT TVR 8080048000 IAD 0601OA08602000 TSI 6800 _ ARC DO � 0224 56 49132 12/21/2017 5642 RETURN POLICY DEFINITIONS POLICY ID DAYS POLICY EXPIRES ON A 1 90 03/21/2018 THE HOME DEPOT RESERVES THE RIGHT TO LIMIT / DENY RETURNS. PLEASE SEE THE RETURN POLICY SIGN IN STORES FOR DETAILS. BUY ONLINE PICK-UP IN STORE AVAILABLE NOW ON . W,X-Z" 5A, 80YNTVN 561>364-9500 STORE MANAGER GEOFF 8224 00004 52490 12/21/17 10:15 AM CASHIER LUCY 0956241984003 MOULDING A 11/16 X2-5/8 PFJ WM390 CHAIR Rl� FRP/TILE CAP --WHITE 8' 070673858864 DVDWTE855 <A> FRP/TILE DIVIDER -WHITE 8' 010306901154 TILE TROWEL <A> 96 6174473094 CHK KIT BL <A> 5.97 DEWALT CAST AL CHALK REEL. KIT -BLUE 78859449 0185 4X8 0 -PANEL =A^ ,090 FRP WALL PANEL 08 WHITE 47 80O8 -1G6 -O81 5/8 RTD SHTG <Ap -�---~� 19/81 08 RTD PLYWOOD 2@23.G7 ct�-_139 SUBTOTAL 160.03 SALES TAX 11.20 TOTAL $171.23 XXXXXXXX8XXX5168 DEBIT USU$ 171.23 AVTH CODE 972432 Chip Read Verified By PIN AID A0000000980040 US DEBIT TVR 8080048000 IAD U O10XO36020O0 TSI 6800 ARC 00 1�� m��.�� ~ CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.A. SUBJECT: Financial Report Period Ending December 31, 2017 SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the preceding month CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY2017-2018 CRA Budget ATTACHMENTS: Description D December 2017 Financial Report i H z 000 00 0 w H O C7 'z m o o II m II m �o m m m o m m m o o II m II o H IIII m m m o o 0 01 II opo a oLn m m mo o �o m- m oc� ca o opo m1�7 00 o II m w fx W rl Loo 61 6l o o Co in Lo o m m � �.� �n II Lo n � c� � �o � � �o � o o � ,� Ln 'z I- N c o II I c N o Il 10 Il o 10 of 1 o N c II o m o m o o o m o m o m Lo m o m o m II o z m m� II In Lo II 'z - 00 o o II o0 000 0m0 �0 000 oc� Ln IILo ca o0 00 o II o0 000 00 0 0 000 00 II w a cC FC w o0 00o II II o0 00� 000 ono 000 00 o Lo Lo II Lo LoII Lo IIII �n o� c� IIII O H x II m m Loo II o zN Lo Lo w u u oLo m mo mLoo goo oc� w o� mm II om X77 �m o mo oc� oo N m o m m o m m o o H i me coo- II c- � m- 1oI- 1� I'- o- o�I- c� II O- - - - - - - - - - - - ',�� N m II mo o Lo o o oo m II oo Ln o � N N O � o m o m o m o m m Lo o am x w oLn 000 c�c� 1�c om 1� ,moo c � oo c> cGCG FL' w >-i E, a H o1m om II o1,� mo oa oo ooo mmmm m Ln o m Ln 0 o o II o1 o II o o, c� cIIII m o w CG W 'z H o 0 61 o 0 o c0 ,� io o In Lo h U O H Uy' II IIII In In In m II N IIIILo O H Q O o O x mo 00 II o0 000 000 oo o o m i - II o w �o � II o- X000 0��0 ono c��m Lo�n� - II cn ca NL o II IIII N o o N o o (Ii�o � (Ii c� Ln II IIII Q Cw7 -o o o o c0 0 Lo 0 o oo o CO o o o o w z oo opo mo om o -o o II w � -o IIII Lo In IIII � .o ,o co .o co �o co w� IIII IIII mo o oo 000 000 oo o o m Lo Lo m II o a FC N ,moo o II o- oo m o Loo �m mm N o o N o o �o c (I (I N II - - u H C7 C7 Ca -o �o o �o II O Lo c0 0 Loo m o o m o o m ,� oo o o �o Io ooo II Lo o In co N H o z c� 0 o w a z z x H co x w H N co a cC a w co Q c� Ca w co r4co cn w N z a zco w Hx co > a z Nw H a O zm wN N Lo w z N O w co w N w H w w a H o o z N w a > z N > m H O w 1� co co w z z� z x w H za z w > w x x H w o co z w > N N H (7 w z w x x co wzco zz Haw ww z > w o a o w N a w N a HCOH H z z N COwco z w w z w x H co z z w z z a w H O co w w w a z w H w r4 > co z a z w H H x w a H N x a N z z co 0 x z x w a m w H z a s o o co w x a z FC w Z > H N a FC w H a a m 'z c� c� 'z co N N > N � w O x O w ,� o w cC N w N cC N U' I 0 � N z 0 0 o o 0- 0 0 � o� 0 0 0 0 0 0 0 0 0 0 � w w H O C7 z �.]m Noon o� 00 o 0al m H CW7 � W a cio Nom ON mm ca o0 o�oN ��n mm mm C� w Ln o �o �.� LnLO ,O z o o N N 0 0 O w z v O 0 0 0 v 0 v 0 v O 0 ca 00 000 00 00 00 O w a cC 00 000 00 00 00 0 wx El O ElU z w 00 m0� w o0 00� Ca N H 0L H N N N (`') 1 1 C N N O O a' O- - '7 H Hl rl H N 0 N f� z 0 z C C H H N - H H H N N cco o c�O OOO ,Hoy vo a r] M 0 0 0 00 �n O O x w FC w H1 N o o LO LO 00 N N w z x H N N o o C o 0 D m w z N > - - cC W x N "I z w o- 0 N z HH H N zz HH H o w o O x 00000 0 0 00 w O O o cn w ca N Q - - o o O - - - O O 0 �n - ,H 0 0 0 �o w c4 000 0 0 0 a H H Lo Lo O O O O O 0 H 2 w ` C7 Ca �o �o o 0 C O O O ,H �o - O W a O cC P O cC U w z H N w � H O u O aw a z H Noa cozH z w w N z H N Ox "10 x CH 2 W 0 a c�c� �a a�w zw Hz 0 o �z� o N z z z w z z w o a N Q w a x w w H H H z o > w w z Ln o w H wz H w rx cn c4 c4 H cC z N w H z> cn cn cn u H w a N N z''��- H w N H HO O .H cC U O w LO �o c7 cn z O N z O z > O W U] z. 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U U W H H Q 2 ca > 00 000 'z o HCC w w cn CC o0 000 a H W M M M M M Cu W co El H El U] 6l 6l 6l 6l 6l H o I H may' U H i i i i i o w In In In In In III c� raw w 'a w o0 000 H 0 q q a q 0 U 0 0 0 0 LO o N o 0 0 0 0 0 0 0 0 o 0 N Lo 0 0 N U CC H Q a 0 H a U U N 2 o II o w w H O C7 z II o II o ca H o II ry cC ca o II � w cC w II �n II o U ry � II w z u N u � u IIII ca o o w a cC II o II o wx El O El U z I I u w u o II w o II w N w II o II o N Q O zo x N rx a a u II w � I I II N N a m o II o x w u w x H xaw HzH Illi x z N w O N z O Q N z w ax O w IIII cn � � Ca N Q cw7 o IIII w � x IIII N u w c4 u I I �n II o a N � IIII z w u � Q o IIII rx a u o N u w c4 x N H ca z w cn w a x w � N H cn c4 H -- 0 > H H o cC N a c� ca w O w O o N cC w H x cn i w w N x N Z aw w El w N w ,� 0 N ca o N cC CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.13. SUBJECT: Social Media Outreach Program Update SUMMARY: At the November 8th, 2017 meeting, CRA Consultants Matt Meinzer and Jamil Donith presented their quarterly recap of the Social Media Outreach Program. At the time, the program had 33 active businesses participating. That number has since increased to 38 as of January 2018. For this report, the consultants will discuss promotions for events that are piloted by social media campaigns and the overall results on the businesses. They will also discuss product sales, customer engagement, and brand awareness initiatives and the success that social media has played in those categories. The consultants have also spotlighted a few select businesses that have gained enough notoriety to be featured in articles, television, and live venues. Moving forward as the consultants grow further to the one year mark, they will continue to work with the CRA and establish connections with as many businesses as possible. The consultants and CRA will generate leads through grant recipients in order to build the program, increasing its effectiveness. This will also allow the CRA and the consultants to expand their duties in improving economic development. Increasing visibility will be one the major factors to explore and the consultants will continue to find new innovative ideas that expand the CRA's and SMOP's digital footprint. FISCAL IMPACT: $45,000, FY 17-18, Line Item, 01-51420-200 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description Attachment I - First Quarter SMOP Presentation fo 0 I >1 Co 0 Q. cm m 0 C:2 co QL 3 co N U) a) 0).C: -L-- U) U) o > o 0)-00 >1 C) 4--o 0 F= �e Co 0 70 U) 5 -a C: CY) M C 0 LU Lr- ) 4� 0 0 cz rn 72 0- Lo LL U) U) x 0 (Dw o E (1) m rn U) 4-j 0 Z 0 4-0 -C 70 < co >- 72 E u) o Co a)U -0 m U) cn 0 w L, 4-0 a) 0 C: C: E cn N C) CL (D Co CL C) < C/) (D (S) 0,5 = CO > CL M (D ;> U) > U) 0.— a) C) C) (n (D -- 0 UJ m E — 0 cu 00 C/) E m cn c= �-- =0 76 73 CO a) -i6 cn m cn co 0) U) cn = cn U) a- 0 =m Mo m E -�e En " __,-e c 0 C) m a) — 0() E Lm - (3) 0 m -2 0 0- C: 0 0 0 m 0 Q) 0 2 > (3) - cn (3) =3 CO co < < 0 C/) LU C: w 9 It 0 U) n - W r) QL QL ^0 I..L n 1 : ^W �--+ 0 W 0 QL 0 W i U s � U)_0 a) 4-0 o 0 0 N CY5 a) m U) 0 0 0 U) V �c (D m 0 c Q 06 0 o 0 a) CL • E • m CL 0 to U) ca 0 > CL a. 0 0 4.4 C 0 c LO 0 4-0 0 0 a) • E • 0 0 to U) ca 0 U) a. 0 0 0 U) a)U) 0 0 > 0 E E U) UD r.,., 0 Co 4-0 a) a) U) Co a) a) > co I a) E a) -C < < 0 0 m U) o C/) O 4-0 U) .0 U- U) U)L- a) 0 E 03 m w -0-0 T LO ca 0-0 to 00) a) 4-0 0 Co m0 0 m m 4-0 m U) U) < U) D -a Tlu O 4-0 U) U) U)L- a) 0 0) 0 E o -0-0 LO 0-0 to 00) a) 4-0 0 Co m0 0 m m 4-0 m U) U) < U) 0 0 O U) QL O n� .� !EW M 619- W U) S%M..000 C6 L- N O U) 4-j LL _r 0) a)WONOW 0 >% 4-0 4-0 C: E L: L:a) E a) O E ca C: 0 u) -�-j a) cy) -r-- -r-- Q - a. :3 E E L- U)LJL N E E 0 � U) a) :3 Co a) 0 Ill- a)O 0 0 N E U 0 +� C: \ N 0 >,-0 O N Q > N C6 Q N N o 0 C/) T." 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LLJ ca CO 4-0 c V ♦ U)0—r O U o � T--- a) S I O co O O a) N QL U) U O }, Co N N r a) cu a) N r EZ U)EN U m N .� r +-0 +� QL E N o C: 0O O O O O O C� U .E No QL 9 IN N U) m a) 0 U) E 0 N E 0 4-0 M. - N E 0 4-0 0 0 0 _0 a) 4-0 W) 4-0 E 0 a) 4-0 C6 N C: N Comm) _0O U) a) U) U) W Co�--+ U -U Cal N U -- C)) O _0 O O U) O 0� X C6 � N N :z LN E Q O O +� U) N U � E N > O N O Co U O 0 Is m ELI T - m N NN ID ry z <( q) W LLJ 47 a) 0 0 M E07 - Ln E D ca 'a 'TOD M -0 — F4 IWE crr il a al �o T n u =76zo, g, 19 1, G i • 0 41 E0 <®E, y 0_ Ln o 0 - CL 0 vA 00 . J V) O) o • X N Z 0 CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.C. SUBJECT: Neighborhood Officer Program 1st Quarter Report for FY 2017 - 2018 SUMMARY: Attached is the first quarter activity report (October 1 st - December 31 st) for Fiscal Year 2017- 2018, for the CRA funded Neighborhood Officer Program as required in the Interlocal Agreement between the CRA and the City of Boynton Beach dated December 7, 2015 (see Attachment 11). FISCAL IMPACT: FY 2017- 2018 Budget, Project Fund - Line Item 02-58500-460 - $372,000 (see Attachment III). CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District (pages 105- 118) CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Attachment I -1 st Quarterly Report D Attachment II - Heart of Boynton Crime Stats D Attachment III - FY 17/18 NOP Budget I. II. IV. TABLE OF CONTENTS Table of Contents Table of Appendixes Community Redevel° • Background nt Agency Program Outline; Program Goals and Scope; Essential Program Criteria; o ' Neighborhood Officer Program Organizational Chz oNeighborhood Officer Program Schedules , o Heart of Boynton Criminal Statistics Neighborhood Officer Program S.M.A.R.T. Goals Neighborhood Officer Program Activity Log 2 page 2 page 3 page 4 7 1 TABLE OF APPENDIXIES Appendix A Heart of Boynton Crime Statistics page 95 3 COMMUNITY REDEVELOPMENT AGENCY BACKGROUND The Boynton Beach City Commis (CRA) in August, 1981, The Boynton Beach Cl increases in tax revenue boundaries for developn Authorities of the CRU activities include, but ar • Adopt a commu will be undertak • Secure finances • Acquire and holc • Demolish buildii • Dispose of prop( • Installation, con; unity Redevelopment Agency rtute Chabter 163 Part III. generated as a result of increases in property value lent efforts without raising taxes. are contained in Section 163.370; Florida Stat not limited to: city redevelopment plan or plans that outline proje ;n by the CRA; o further redevelopment efforts and projects; I property in the redevelopment district; in accordance with the TIF utilizes the District ent that parks, infrastructure • Create and implement development incentive strategies and other unique public-private partnerships to stimulate redevelopment activity within the CRA district facade and residential improvement grants; • Market the CRA; 4 • Implement community policing innovations; • Solicit proposals for redevelopment and enter into contracts; AND • Appropriate funds and make expenditures as necessary to carry out the purpose of the Community Redevelopment Act of 1969. 5 NEIGHBORHOOD OFFICER PROGRAM PROGRAM OUTLINE Community policing definitions typically focus on three components that characterize many programs: some level of community involvement and consultation; decentralization, often increasing discretion to line -level officers;! and problem solving. Because community policing is focused on close collaboration,with the community and addressing community problems, it has often been seen as an effective way to increase citizen satisfaction and enhance the legitimacy of the police and the evidence is supportive in this regard. A major goal of this proposed neighborhood officer program is to cultivate high levels of mutual trust, understanding and respect between police the residents of the neighborhoods they patrol. In order to achieve this, it is necessary that these stakeholders develop relationships which transformed the confines of ordinary community policing activities and instead focusesupon building sustainable problem solving partnerships. Additionally, the building of problem salving partnerships and substantive relationships with invested members of the community will lead to a greater understands 4 of some of the challenge members of the public face and help the police department garner unique insights which might aid in addressing these challenges. This program helps effectively integrate police personnel into the fabric of our community. 0 Reducing crime and disorder and improving the quality of life within historically plighted neighborhood requires the development of these types of productive and meaningful relationship between citizens and representatives of their local government. As the most visible and accessible municipal agency, police personnel are uniquely postured to serve as a catalyst to an array of city services, community resources and organizations which can aid those in need as they work to better their circumstances and work" in concert with other stakeholders to confront the challenges they identify within the community. The s Local the foll r.7 -terly )b y PE t is to fulfill the Program requirements of Boynton Beach and the Boynt the CRA shall be provided a wv -am Officer; lber of Program officers who have work( o Name, rank and badge the reporting period; o Activities undertaken t o Crime statistics for the ty during The Boynton Beach Police Department shall make all necessary efforts to achieve the aforementioned Program Goals. 7 Neighborhood Officer Program Hours Worked during Rating Period The following Program Officers' scheduling was gleaned from the Boynton Beach Police Department electronic database that monitors staffing needs; entitled KRONOSO — TeleStaff. Below is the reference guide to decipher the color and numeric codes Boynton Beach Fahce D*partmenes , , TekStaff Phase Ston Choat ;x Mme NumbeT 742.6129 e, tR — ,4 4 x77 7 F, �, #� 7,77H - , .w# _kx T•z *r 7 7777 AS 21 fasT. nt ;,A.-AIL.IZ 'II ,w6layf. xxrc ;ar::- A;? ramu € Rz mrt+.s ti«a $ Y�`v¢.ftM. 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Sul) Mon True W" d Thn Fn .Sat 29 2U 311 Nov 1 2 3. 4 5 7 a 9 10 11 12: i3 tG 15 16 17 is 14 20 '2 i. 22 23 24 25 0.32612:0._ 032612:0... ❑32612:0... �.. 25 =ME 27 28 32M 29 13MM It 30 C,:t-� am= 13 Sergeant Diehl's Schedule during Rating Period — December 2017 l l - T htfps 9 [staff 66H.�P. ndar JdtiSCi C° . „,4 ;,.d" Personal Calendar ti r File Edit Vi— Favorites T..1, Help .`x, �` DAVID S,q,In j* 5.99,, ted Ste, � d Bonk nq Blotter 4 '` Decipher VIN —b— y,;,! Depzrt—t at Correct ans 0'., FRLE Flnrida 5-1 Offea.. �� " I'F,7� � Pag— Safety � Tool— FM Calendar Advanced List ..._.4 _.l ® December 2017pppp*DIEHL 111 HENRY G___________. sl}B Mari TJe Yxr 3 4 io 17 18 24 25 HVeeks (5-53) 1 Wed Thal Fri Sat r�21111 '10 Dec 1 5 6 7 d, 9 12 i� 14 1s 14 Heart of Boynton Criminal Statistics for Rating Period The following criminal statistics was gleaned from the Boynton Beach Police Department Records Management System (RMS); entitled Acuity/QED - Web/PartnerTM APPENDIX A 15 Neighborhood Officer Program S.M.A.R.T. Goals When setting goals it is very important to remember that the goals must be consistent with the mission statement of both the Boynton Beach Community Redevelopment Agency (CRA) and the Boynton Beach Police Department. As part of the essential criteria for the Neighborhood Officer Program is to create a Specific, Measurable, Attainable, Realistic, and Timely goal that the program wants to accomplish.The purpose, of distributing CSI - SmartWater(R) is to reduce burglaries and associated thefts, while simultaneously distracting trespassers and vandals from committing crimes During this quarter, the Neighborhood Officer Program collaborated with the Boynton Beach Police Department's Crime Prevention Unit to provide CSI - SmartWater® to the residents and business owners of the Heart of Boynton. The distribution of FREE CSI SmartWater® Forensic Coding System/Packets was provided at community meetings and displayed at the Neighborhood Officer Program Office. Our SMART. goal was to increase CSI — SmartWater® presence in the Heart of Boynton in the 1st Quarter of Fiscal Year 2017/18. We successfully provided 19 FREE CSI SmartWater® Forensic Coding Packets to residents in the community — This is an increase of 4 over last quarter. 16 Neighborhood Officer Program Activity Log We continued our partnerships with our other community stakeholders — Heart of Boynton Association, Habitat for Humanity, Cub Scout — Pack #243, Boynton Beach Pathways to Prosperity, and the Boynton Beach Coalition of Clergy and the Boynton Beach Community Redevelopment Agency (CRA). October 11t — Sergeant Diehl worked on informational'flyerg for the up -coming "Gobble Til Ya Wobble" event. October 2nd — Sergeant Diehl conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. October 21d Sergeant Diehl lagged in and monitored the License Plate Reader/Speed Measurement Trailer; however, the trailer was off-line. October 2nd — Sergeant Diehl conversed with Frank Danysh, representing "Adopt -A -Cop USA®", to discuss creating a"new.partnership for an up -coming fishing event that Adopt -A -Cop USA® is hosting. October 2nd — S Meeting at Carolyn Sims Center. events. 's Association October Yd — Sergeant Diehl conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. October Yd — Sergeant Diehl logged in and monitored the License Plate Reader Mobile Unit as it monitored traffic throughout District II. 17 October 311 — Officer Paramore attended the Cub Scout Pack #243 meeting at Poinciana Elementary School. October 41 — Officer Paramore conducted one (1) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. October 41 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. October 41 — Officer Paramore met with Publix® Staff/Store Manager, regarding partnering for the up -coming Thanksgiving packages —'dubbed "Gobble Till Ya Paramore completed the online registration, at the request of the store maria; October 4th — Sergeant Diehl and Officer Paramore assembled and filled tv donated foods for the "Gobble Til Ya Wobble" event — scheduled for Nov( October 4th — Sergeant Diehl conducted one (1) separate extra patrols of Recovery Center located at Carolyn Sims Center. October 5th — Sergeant Diehl met with Willie Aikens, President of'thf Homeowner's Association, at the NOP office. Mr. Aikens reviewed the 2 were assembled and filled with the donated foods for "Gobble Til Ya Wob October 51 — Sergeant Diehl conducted one (1) separate extra patrols of Recovery Center October 51 — S obble." Officer with (twenty) boxes that .le." he FEMA Disaster 'late Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. October 51 — Sergeant Diehl and Officer Paramore attended the CRA Advisory Board (CRAAB) Meeting at City Chambers. October 51 — Officer Paramore conducted one (1) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. 18 October 51 — Sergeant Diehl and Officer Paramore had a meeting with Frank Danysh, representing "Adopt -A -Cop USA®", at the NOP Office. We reiterated our support for the Adopt -A -Cop USA® program. October 51 — Sergeant Diehl conversed with Rhonda Holder, representing "Pathways to Prosperity." Pathways to Prosperity requested the NOP to facilitate a community forum that they are hosting — topic of discussion: What/How to handle when being followed/stalked (i.e. predator -type) by persons. A future meeting was scheduled. October 51 — Officer Paramore had a meeting with Frank Ireland_ Carolvn Sims Center Supervisor, regarding a new center rules preventing or limiting, having a wide range of neighborhood children participating with the `Sweat with a Cop" weekly program. Frank Ireland requested a future meeting after more information can be gleaned about the new rules set forth by City of Boynton Beach Parks and Recreation. October 5th — Officer Paramore attempted to meet with Lutheran Services Florida Dead Start (909 NE 3rd Street, Boynton Beach, FL); however, the establishment was closed. The purpose of meeting was to see if they are willing to facilitate a holiday toy drive. October 61 Officer Paramore conducted. one (1) extra patrol of the FEMA Disaster Recovery Center located. at Carolvn Sims Center. October 61 — for the up -coming Thanksgiving event — dubbed "Gobble Till Ya Wobble." Later, 'Officer "Paramore distributed the flyers in the Heart of Boynton. October 91 — Sergeant Diehl facilitated children at the Galaxy Elementary (morning) cross- walk. The extra police presence was at the request of CRA Board Member Mack McCray. 19 October 91 — Sergeant Diehl attended the Heart of Boynton — Homeowner's Association Meeting at Carolyn Sims Center. I brought a sample Thanksgiving caring box (filled with the donated foods for "Gobble Til Ya Wobble" — for member review. October 91 — Sergeant Diehl conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. October 91 — Sergeant Diehl School) regarding festivities in Dece handed out colorin October 91 — S( Measurement Trf (20) famili October October 11th registration flyers October 91 — 101 at Poinciana Elementary D, their Christmas/Holiday -essed as St. Nicholas and ks and crayons to the kindergarten class. it Diehl logged in and monitored the License Plato ind/or Mobile Unit; however, both were off --line. Diehl met with Lisa Steele (Principal at Galaxy Eler. "Gobble Til Ya Wobble" — Ms. Steele and her staff is most benefit from the care packages. it Diehl met with Karen Weiss (Assistant Princip -garding the upcoming "Curriculum Night" event piss was accommodating on providing a table to distr Simon requested an NOP officer /Speed roinciana Wednesday, Cub Scout CRA offices. Mr. i.e. "Music on the Rocks and "Movies in the Park"); which I replied that either or both Officer Rivera and/or Officer Paramore would be present. Later, I placed all the events on Officer Paramore and Officer Rivera's Outlook® calendar. 20 October 91 — Sergeant Diehl removed a grocery cart with contents from the 200 block of E. MLK Blvd.; at the request of the CRA Board Member Mack McCray. After dragging the cart to City Shop; I coordinated with City Shop personnel to have the cart properly disposed of. October 91 — Sergeant Diehl conversed with Peter Thate with Gulf Stream Council (Boys Scouts) regarding his "Cub Scout — Pack #243 Recruitment" on October 11th at Poinciana Elementary School during their "Curriculum Night" event. October 101 — Sergeant Diehl conducted: 2 (two) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. October 101—OfficerParamore attended mandatory SWAT training at the Palin Beach County Sheriff s Office (PBSO) Firearms facility (20 Mile Bend.) October 10th Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement,Trailerand/or Mobile Unit; however, both were off-line. October 101h Sergeant Diehl attended the Cub Scout Pack #243 meeting at Poinciana Elementary School. October 10th — Sergeant Diehl attended the CRA Board Meeting at City Chambers. October 101 — Sergeant Diehl attempted to meet with Lutheran Services Florida Head Start (909 NE 3rd Street, Boynton Beach, FL); however, the establishment was closed. The purpose of meeting was to October 111 — Sergean Recovery Center located at Carolyn Sims Center. the FEMA Disaster October 111 — Sergeant Diehl, Officer Paramore and Officer Rivera provided, Alexandra Seltzer, representing the Palm Beach Post®, an interview — introducing the new officer (Rivera) to the Neighborhood Officer Program. The information was posted on the CRA's and BBPD's social media websites. 21 October 11th — Sergeant Diehl logged in and monitored the License Plate Reader Mobile Unit as it monitored traffic throughout District II. October 111 — Sergeant Diehl and Officer Paramore attended "Curriculum Night" at Poinciana Elementary School. In addition, made available CSI-SmartWaterO - 5 kits distributed. October 111 — Sergeant Diehl, Officer Paramore, and Officer Rivera had a meeting with Frank Danysh, representing "Adopt-A-Cop USAO", at the NOP Office. We reiterated our support for partnering on reading/mentor October 11th — Sergeant Diehl, Pack #243 Recruitment"at October 111 !a Elementary School — Recruited 3 1 rer Rivera,'; and Officer Paramore me omeowner's Association, at the NO was able to formally introduce himself to Officer Rivera and speak about t Council. October 12th — Officer Paramore mentored/read to a child at Poinciana'] this was a cooperative' agreement between "Adopt -A -Cop USA®" and Z Program. October 121 Sergeant Diehl conducted two (2) separate extra patrols 61 Recovery Center lgca October 121 — Serge Scout — ie Aikens, n of — Disaster der, representing "Pathways to Prosperity" at the NOP office. Pathways to Prosperity is hosting a community forum — topic of discussion: What/How to handle when being followed/stalked (i.e. predator - type) by persons. I reiterated our support for the forum, this event and any future events. October 121 — Sergeant Diehl, Officer Paramore and the Boys Scouts held a "Cub Scout — Pack #243 Recruitment" at Galaxy Elementary School — Recruited 5 kids. 22 October 121 — Sergeant Diehl logged in and monitored the License Plate Reader Mobile Unit as it monitored traffic throughout District II. October 121 — Sergeant Diehl attended "Curriculum Night" at Galaxy Elementary School. In addition, made available CSI-SmartWater® - 3 kits distributed. October 161 — Sergeant Diehl met with Kathleen DePuma (Principal at Poinciana Elementary School) regarding their business/partnership with the Cub Scouts — Pack #243; to include having the principal sign the October 161 — Mobile Unit as it monitored traffic throughout District IL October 161 — Sergeant Diehl facilitated children at the Galaxy Elementary (morning) cross- walk. The extra police`presence was at the request of CRA Board Member Mack McCray. October 16th — Sergeant Diehl conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. October 16th - Officer Paramore conversed with Allison Killip, 'City Boynton Beach Marketing and Outreach Manger regarding the up -coming "Family Fitness i Day" on November 4, 2017 at the Carolyn Sims Center. After first scheduling to attend the Family Fitness Day it was explained that we could not participate in this event; due,tobeing mandated event hosted by October 161 — Homeowner's Association, at the of the Heart of Boynton October 171 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. October 171 — Officer Rivera met with Counselor Gwen Harris (at Poinciana Elementary School) regarding continuing business/partnership through "Adopt -A -Cop USA®." 23 October 171 — Sergeant Diehl conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. October 17' — The Neighborhood Officer Program mentored one (1) child at Poinciana Elementary School — this is a cooperative agreement between "Adopt -A -Cop USA®" and Neighborhood Officer Program. October 171 — Sergeant Diehl met with Peter Thate with Gulf Stream Council (Boys Scouts) regarding his "Cub Scout — Pack #243." The meeting was discuss ,the transition from the old pack leaders to the new pack leaders wanted to ensure that our partnership is still important to the pack and it's leaders. October 171 — Sergeant Diehl conversed with Rhonda Holder, representing "Pathways to Prosperity" regardingthe up -coming , "Inaugural Racing ; out of Poverty" 5K walk/run on November 4, 2017. After first committing to the 5K walk/run, I explain participate in this event, due to a mandated event hosted by the B+ Department (i.e. !Safety Expo). October 17th Sergeant Diehl, Officer Paramore, and Officer Rivera att+ Pack #243 meeting at, Poinciana Elementary School I was able to form; Rivera to Pack #243 and its leaders.,, October 181 — USA®", at the NOP not ce ut Officer Adopt -A -Cop reading/mentoring to children at Poinciana Elementary School. October 181 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. 24 October 181 — The Neighborhood Officer Program mentored two (2) children at Poinciana Elementary School — this is a cooperative agreement between "Adopt -A -Cop USA®" and Neighborhood Officer Program. October 181 — Officer Rivera took the mandatory Boy Scouts of America® training entitled "Youth Protection Training." Later the certificate of completion was dropped off to the Cub Scout — Pack #243 staff. October 181 — Officer Rivers attended an Adopt A,Cop USA® beard meeting, hosted by Frank Danysh — the meeting was held at Too7ay'sR (398 N. Congress Avenue, Boynton Beach, FL.) October 191 OfficerParamore attended mandatory SWAT training_ October 191 — Officer Rivera attended "De -Escalation and Changing the Mindset" training at the Davie campus at Broward State Campus. October 19th Officer Rivera attended American Sign Language Training at Intra -Coastal Park. October 201h — Officer Paramore attended "Lowe's Hero 2017" (Walter Haywood' residence located at 305 NW 111h Avenue, Boynton Beach, FL). The event was in collaboration with Lowe's Home ImprovementO, Habitat for Humanityg and other local businesses to revitalize the residence. Moreover, the event was held to build cooperation and =trust between the community and law, enforcement. October 201 — Sergeant Diehl conversed with Frank Daynsh, representing "Adopt -A -Cop USA®" regarding the up -coming "Inaugural Joseph Crowder Memorial Fishing Expedition" on November 4, 2017. After first committing to the fishing outing, I explained that we could not participate in this event, due to a mandated event hosted by the Boynton Beach Police Department (i.e. Safety Expo). 25 October 211t — Sergeant Diehl, Officer Rivera, and Officer Paramore attended the City of Boynton Beach — 61 Annual Pirate Festival. It should be noted, that due to manpower shortage — Officer Paramore was mandated/reassigned to festival security. October 22nd — Sergeant Diehl, Officer Paramore, and Officer Rivera attended the City of Boynton Beach — 61 Annual Pirate Festival. It should be noted, that due to manpower shortage — Officer Paramore was mandated/reassigned to festival security. October 23rd — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer as it monitored eastbound traffic in the 200 block of E. Boynton Beach Blvd. October 23rd —" Sergeant Diehl met with Willie Aikens, representing "Heart of Boynton Council" regarding the up -coming "October Bash — Flea Market" on October 28, 2017. After first committing to the October Bash - Flea Market, I explained that we could not participate in this event, due to being mandated/reassigned to an unstaffed event at Ezell Hester Center (i.e. Wildcats Football Game ) October 2311 Sergeant Diehl conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. October 23rd — Sergeant Diehl attended the Heart of Boynton —Homeowner's Association Meeting at Carolyn Siris Center. October 241 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer as it monitored eastbound traffic in the 200 block of E. Boynton Beach Blvd. October 241 — Officer Paramore conducted one (1) extra patrol of the FEMA Disaster Recovery Center located at Carolyn Sims Center. 26 October 241 — Sergeant Diehl and Officer Paramore attended the Cub Scout — Pack #243 Halloween Party at Poinciana Elementary School. Mayor Steven Grant was in attendance as well. October 241 — Sergeant Diehl met with Karen Weiss (Assistant Principal at Poinciana Elementary School) regarding mentoring two (2) children that have been having verbal confrontations; the concern is that the frequent incidents will escalate to a physical altercation. We scheduled a meeting with ;the Principal. October 241 — Sergeant Diehl conducted two (21 separate extra batrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. October 241 Sergeant Diehl and Officer Paramore attended the Poinciana Elementary School —� STEM Open House. T introduced Mayor Steven Grant to Principal, Kathleen DePuma and other school personnel. October 24th - Sergeant Diehl and Officer Paramore conversed with Kathleen DePuma (Principal at Poinciana Elementary School) regarding mentoring two (2) children' that have been having verbal confrontations; the concern is that the frequent incidents will escalate to a physical altercation. ""Are plan of action is ,to enroll I them in the "Adopt -,A -Cop USA®" mentoring program. October 251 — Officer Paramore conducted one ('1) extra patrol of the FEMA Disaster Recovery Center located at Carolyn Sims Center. October 251 — Sergeant Di icense Plate Reader/Speed Measurement Trailer as it monitored eastbound traffic in the 200 block of E. Boynton Beach Blvd. October 251 — Sergeant Diehl conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. 27 October 251 — Sergeant Diehl met with Sergeant R. DelosRios regarding the use of the Boynton Beach Police Department's Hummer®. A brief tutorial was provided. October 251 — Sergeant Diehl provided a statement for internal investigation — I17-028. October 261 — Officer Rivera conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. October 26' — Officer Rivera attended a disnositi; October 261 — walk. The extra number 17-026932. October 261 — The Neighborhood Officer Program mentored two (2) 'chi] Elementary School this is a cooperative agreement between "Adopt -A (morning) cross - k McCray. -en at Poinciana ",op USAO" and Neighborhood Officer Program. October 27th Officer Rivera attended "Photo and Video Investigations for Law Enforcement" training at the Davie campus at Broward State Campus. October 27th Sergeant Diehl and Officer Rivera assisted City of Boynton employeeslresidents with the Model Block Clean -Up Project at Sara Sims Park. October 271 Sergeant Diehl conducted; one ,(1) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn „Sims Center. October 271 — Sergeant Diehl met with Willie Aikens, representing "Heart of Boynton Council" regarding the up -coming "October Bash — Flea Market" on October 28, 2017. After first committing to the October Bash - Flea Market and then canceling; I explained that I could participate in this event, after moving some personal obligations. October 281 — Sergeant Diehl and Officer Rivera provided security for the Wildcats Football Game at Ezell Hester Center — this was at the request of the Chief of Police. 28 October 281 — Sergeant Diehl purchased three (3) cases of bottle water (from BF s Wholesale Club — totaling $9.57) later to be donated to the Heart of Boynton — HOA to sell during the "October Bash Flea Market" to raise funds for the not-for-profit. October 281 — Sergeant Diehl attended the "Heart of Boynton — October Bash Flea Market" at Provident Church (10 15 NW 4th Street, Boynton Beach, FL) October 301 — Sergeant Di Disciples Church (223 NE 1 October 301 — S Recovery Centel October 301 — '! Meeting at Carol October 301h Measurement T Blvd. October 311t — S' Center located at October 31St — 7 Elementary Sch of Clergy Meeting at New A at Carolyn Sims Center. nt Diehl attended the Heart of Boynton — Home is Center; however, the meeting was canceled. int Diehl logged in and monitored the License: as it monitored eastbound traffic in the 200 Mock t Diehl conducted one (1) extra patrol of the FEM yn Sims Center. ,ighborhood, Officer Program mentored three (3)'c Disaster ation eed Poinciana k -Cop USAO" and October 311 — Officer Rivera conducted three (3) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. October 311 — Sergeant Diehl logged in and monitored the License Plate Reader Mobile Unit as it monitored traffic throughout District II. 29 October 311 — Sergeant Diehl and Officer Paramore attended the Cub Scout — Pack #243 Meeting; however, it was canceled due to the scouts participating in the Halloween festivities. November 2017 November 11 — Officer Rivera walk. The extra police presenc( November 11t — Officer Rivera Recovery Center located at Ca November 11t The Neighbor Elementary School this is ementary (morning) cross- mber Mack McCray. rols of the FEMA Disaster Sims Center. Officer Program mentored three (3) child perative agreement between "Adopt -A -C and Neighborhood Officer Program. November 11 —,,Officer Rivera conducted one (1) extra patrol of the Family Dollar*. November 11t — Officer Rivera facilitated children at the Galaxy Elementary (morning) cross- walk. The extra police presence was at the request of CRA Board Member Mack McCray. November 1St — Officer Paramore met with Willie Aikens, representing "Heart of Boynton Council" regarding the up -coming "Veterans Day Ceremony'7 and other community events. During this meeting, Willie Aikens expressed the necessity of the Neighborhood Officer Program and how IT IS making a difference in the community. November 211 — Officer Rivera attended American Sign Language Training at Intra -Coastal Park. November 211 — Officer Rivera met with Ms. A. Johnson, Special Needs Teacher at Congress Middle School — regarding the "Boys in Blue Mentoring Program." Spoke about the expectations and the outline of the program. 30 November 211 — Sergeant Diehl and Officer Rivera attended the CRA Advisory Board (CRAAB) Meeting at City Chambers. November 2nd — Officer Rivera conducted three (3) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November 2nd — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer as it monitored eastbound traffic in the 200 block of E. Boynton Beach Blvd. November 2nd — November 2nd - Sergeant Diehl attended "Cub Scout — Pack #243" meeting. The meeting was for the parents/leaders to discuss the transition from the old pack leaders to the new pack leaders — wanted to ensure the; parents of the continuation of the pack and the scope/objectives moving forward. November, 2nd - The Neighborhood Officer Program mentored three (3) children at Poinciana Elementary School - this is a cooperative agreement between "Adopt-A7Cop USAO"and Neighborhood Officer Program. November 2nd Sergeant Diehl conducted two (2) separate =extra patrols ,of the FEMA Disaster Recovery Center located at Carolyn „Sims Center. November Yd — Officer Paramore conducted' two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November Yd — Officer Paramore met with CRA Director, Mike Simon, regarding "branding" (i.e. CRA event shirts/etc.) the Neighborhood Officer Program. In addition, Mr. Simon requested that we take the SegwaysO to Third Street Signs for measurements for CRA indicia. November Yd — Officer Paramore met with Frank Ireland, Carolyn Sims Supervisor — regarding the "Sweat with a COP." The conversation was twofold; (1) that FEMA Disaster 31 Recovery Center is concluding at the end of November 2017; and (2) about the expectations and the outline of the program moving forward. November Yd — Officer Paramore attended CRA sponsored "Movies in the Park" at the CRA Amphitheater (129 E. Ocean Avenue, Boynton Beach, FL) — our attendance was requested by CRA Executive Director Mike Simon. November 41 — Sergeant Di however, the establishment November 41 — Beach Police Del kits distributed.''' November 4th — (from Targetg ,= community and p to families that re November 6th — Meeting at Carol, November 6th - Measurement Ti Blvd. Signs for measurements; ,nt's — Safety Expo. In addition, imade available CSI-rr int Diehl purchased 14 (fourteen) turkeys for "Gobble Ti ing $135.18) part of the monies was donated from in the monies was donated by me — all 14 (fourteen) turkeys A i the Heart of Boynton and/or attend Galaxy Elementary ant Diehl attended the Heart of Boynton - Homeowner is Center. ant Diehl loaned in and monitored the License Plate November 61 — Officer the Boynton ater® - 7 ble" the s Association Leader/Speed oynton Beach as Coach, Counselor, and Motivator" training at the Davie campus at Broward State Campus. November 61 — Sergeant Diehl conducted three (3) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. 32 November 61 — Sergeant Diehl facilitated children at the Galaxy Elementary (after-school) cross -walk. The extra police presence was at the request of CRA Board Member Mack McCray. November 61 — Sergeant Diehl met with Lisa Steele (Principal at Galaxy Elementary School) regarding the upcoming "Gobble Til Ya Wobble" — Ms. Steele and her staff are selecting twenty (20) families that would most benefit from the care packages. In addition, we solidified a time at 1:00 p.m. on November 161. November 71 — Sergeant Diehl conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November 71 — Sergeant Diehl logged in and monitored the License Measurement Trailer as it monitored eastbound traffic in the 200 block Blvd. November 7th Officer Paramore conducted one (1) extra patrol of Recovery', Center located at Carolyn Sims Center. November 71 Sergeant Diehl . met with Theresa Utterback, at the Utterback requested police calls for service at the following addresses (1)_ (2) 526 NW 12th Avenue? and (3) 1213 NW 4th Street, Boynton Beach,'I research is police calls for service in the area for a local resident, wh< criminal activity in the area at a recent CRA Board Meeting. November 71 — The Elementary School — this is a /Speed Beach s. Ms. e of the of dren at Poinciana "Adopt -A -Cop USAO" and Neighborhood Officer Program. November 71 — Officer Rivera conducted one (1) extra patrol of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November 71 — Officer Rivera conducted an extra patrol of Family Dollar0. 33 November 71 — Sergeant Diehl and Officer Paramore attended the Cub Scout — Pack #243 at Poinciana Elementary School. November 71 — At the request from CRA Staff; Sergeant Diehl researched (via Boynton Beach Police Records Management System) the following addresses (1) 504 NW 12th Avenue; (2) 526 NW 12th Avenue; (3) 518 NW 12th Avenue; and (4) 1213 NW 4th Street, Boynton Beach, FL. November 71 — Officer Rivera facilitated/mentored children at Congress Middle School — Boys in Blue Mentoring Program. November 81 — Sergeant Diehl facilitated children at the Galaxy Elementary (before -school) cross -walk. The extra police presence was at the request of CRA Board Member Mack McCray. November 8th - Sergeant Diehl and Officer Rivera attended an Adopt -A -Cop USAO board meeting, hosted by Frank Danysh; — the meeting was held at TooJay'so (398 N. Congress Avenue,Boynton Beach, FL.) November 8th At the reauest from CRA Staff. Sergeant Diehl provided the findings for the police calls for service in the areas` of (1) 504 NW 12" Avenue; O 526 NW,, 12' Avenue; (3) 518 NW 12th Avenue; and (4) 1213 NW 4th Street, Boynton Beach, FL. November 81 — Sergeant Diehl conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November 81 — At the request of .CRA Staff; Officer Paramore took one of the Segways® to Third Street SignsTM for measurements of CRA indicia:. November 81 — Sergeant Diehl fogged„ in and monitored the License Plate Reader/Speed Measurement Trailer as it monitored eastbound traffic in the 200 block of E. Boynton Beach Blvd. November 81 — Officer Rivera conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. 34 November 81 — Officer Rivera conducted an extra patrol of Family Dollar® and Palmetto Greens Park. November 81 — The Neighborhood Officer Program mentored one (1) child at Poinciana Elementary School — this is a cooperative agreement between "Adopt -A -Cop USA®" and Neighborhood Officer Program. November 81 — Officer Paramore conducted one (1) extra patrol of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November 81 — Officer Rivera facilitated/mentored children at Congress'Middle School — Boys in Blue Mentoring Program. November 8th Sergeant Diehl met with Willie Aikens;',representing "Heart of Boynton Council"" at the Neighborhood Officer Program office. The meeting was to return racks/etc. that were norrowea during the --tnearr oz lsoynton — vctoaer lsasn ries lvtarxet,- inat was neia on October 28, 2017. November 91' —!Sergeant Diehl logged in and monitored the License Plate Reader Mobile Unit as it monitored traffic throughout District II and the License Plate Reader/Speed Measurement Trailer as it monitored eastbound traffic in the 200 block of E. Boynton Beach Blvd. November 91 — Sergeant Diehl and Officer Rivera attended the Healthier, of Boynton Beach - Caregivers Recognition Luncheon at Intra -Coastal Park (2240 N. Federal Highway, Boynton Beach, FL.) November 91 — Officer Rivera attended American Sign Language Training at Intra -Coastal Park. November 91 — Sergeant Diehl conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. 35 November 91 — Officer Rivera conducted one (1) extra patrol of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November 91 — The Neighborhood Officer Program conducted periodic safety checks of the parking lot at Poinciana Elementary School — this was at the request of the Assistant Chief of Police. November 91 — The Neighb Elementary School — Neighborhood Off November 91 Q November 101 Intra -Coastal Parl Council," Cub Sc November 13th addition during th law enforcement a November 131 Disaster Recover, November 131 one (1) child at Poinciana -Cop USAO" and icer Paramore conducted an extra patrol of Family Dollar@ Sergeant Diehl and Officer Rivera attended Veteran's Da — this was a cooperative agreement between the "He; As — Pack #243 and the Neighborhood Officer Program. sergeant Diehl attended the "Galaxy Elementary Career' interaction we endeavored to build bridges of cooperation a it next generation of leaders. geant Diehl conducted two (2) separate extra pat iter,located at Carolyn Sims Center. Unit as it monitored eastbo November 131 — Sergeant Blvd. bration at In FEMA Mobile — Homeowner's Association Meeting at Carolyn Sims Center. November 13th — Sergeant Diehl facilitated children at the Galaxy Elementary (before -school) cross -walk. The extra police presence was at the request of CRA Board Member Mack McCray. 36 November 131 — Sergeant Diehl and Officer Rivera attended the Girl Scout Troop #20736 at Poinciana Elementary School. November 141 — Officer Paramore attended SWAT training. November 141 — Officer Rivera conducted an extra patrol of Family Dollar0. November 141 — Sergeant Diehl, Officer Paramore, and Officer Rivera attended the CRA Board Meeting at City Chambers. November 141 — Officer Riviera conducted two (2) separate extra patrols of the FEMA Disaster Recovery i November Unit as it r November Boys in Bl November November 1 Disaster November 151 yn -,ant Diehl logged in and monitored the License PI tbound traffic in the 204 block of E. Boynton Beach er Rivera facilitated/mentored children at Congre' g Program. Neighborhood Officer Program mentoredone (1) this is a cooperative agreement between "Adopt-, ro�gram. ;eant Diehl conducted two (2) separate extra pal Carolyn Sims Center. Mobile Id at Poinciana op USAO and of the FEMA FEMA Disaster Recovery Center located at Carolyn Sims Center. November 161 — Sergeant Diehl logged„ in and monitored the License Plate Reader Traffic Trailer as it monitored eastbound traffic in the 200 block of E. Boynton Beach Blvd. November 161 — Officer Rivera attended American Sign Language Training at Intra -Coastal Park. 37 November 161 — In collaboration with Galaxy Elementary School, Heart of Boynton Association, Home DepotTM, Cub Scouts — Pack #243, Adopt -A -Cop USA®, several local churches, residents, and businesses; the Neighborhood Officer Program supplied twenty (20) families a complete Thanksgivingay Dinner (dubbed "Gobble to Ya Wobble") and additional household staples (i.e. rice/water/etc.) at Galaxy Elementary School. November 161 — Sergeant Diehl conducted one (1) extra patrol of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November 171 — Officer Rivera conducted one (1) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November 17th - Officer Paramore conducted an extra patrol: of Family Dollar@. November 17th - Officer Rivera attended CRA sponsored "Music on the Rocks" at the, CRA Amphitheater (129 E. 'Ocean Avenue, Boynton Beach, FL) — our attendance was requested by CRA ExecutiveDirector Mike Simon. November 17th Officer Paramore conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November 17th — Ofttcer Rivera met with John Hepburn, with the Veterans Association of Boynton Beach on'facilitating a Martin Luther King Celebration and Dinner Banquet - the event would occur on or about January 13, 2018. We reiterated our support for his program and any future events. November 211 — Officer Paramore" conducted an extra patrol of Family Dollar® and Palmetto Greens Park. November 211 — Officer Rivera conducted three (3) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. 38 November 2111 — Officer Paramore conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November 21St — Officer Rivera attended a court deposition regarding case number 16-070556. November 21St — Officer Paramore distributed Heart of Boynton Association Thanksgiving Day Dinner 150 informational flyers in the Heart of Boynton. The flyer explained that the Heart of Boynton Association was offering 150 pre-cooked turkey dinners at the Carolyn Sims Center. November 22,d Officer Rivera conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center,located at Carolvn Sims Center. November 221" — Offn Boynton Beach, regar Hepburn advised that h accord.' November 22nd Offi Recovery Center locatf November 231 Offnc( Dinner at the Carolyn ,S Heart of Boynton comm November 271 — Serge cross -walk. The extra p r Rivera met with John Hepburn, with the ng the Martini Luther KingCelebration ar appreciated our assistance; but has decided to ion of Mr. own cer Paramore conducted one (1) extra patrol of the FEMA Disaster ,d at Carolyn Sims Center. �r Rivera attended the Heart of Boynton Association Thanksgiving Day ims Center — 150 complete turkey:dinners were served to residents of the November 271 — Sergeant Di efore-school) ber Mack McCray. two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November 271 — Sergeant Diehl attended the Boynton Beach — Holiday Parade Emergency Operational Meeting at the CRA Office (located at 710 N. Federal Highway, Boynton Beach, FL). 39 November 271 — Sergeant Diehl conversed with Cory Voce, representing "Ment2MakeIt, Inc." regarding the up -coming "Clean up the Heart of Boynton" on December 2, 2017. I explained that we could not participate in this event, due to being mandated by the Police Administration to attend a CRA event (i. e. Holiday Parade and Tree Lighting Event.) November 271 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. November 271 — Sergeant Diehl attended the Heart of Boynton Homeowner's Association Meeting at Carolyn Sims Center. November 281 — The Neighborhood Officer Program conducted six (6) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. November 281 - The Neighborhood Officer Program attended the Cub Scout — Pack #243 at Poinciana Elementary School. During this meeting the Cub Scout Pack had a birthday party for Sergeant Diehl and a scout. In addition, we all made Christmas stockings for the up -coming holiday. November 281 Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer, and/or Mobile Unit; however, both were off-line. November 29th — The Neighborhood Officer Program conducted four (4) separate extra patrols of the FEMA November 291 — Leadership Collaborative Park Elementary School. "Early Childhood ton Beach located at Forest November 291 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. 40 November 291 — Sergeant Diehl assisted children at Galaxy Elementary (before school) traffic and school bus loop. The extra police presence was at the request of crossing guard Ernest; who relayed earlier in the week that several drivers were making illegal U -Turns in the middle of the road causing a hazardous situation for the children in the cross -walk. November 291 — The Neighborhood Officer Program assisted patrol officers regarding our case 17-068708. November 301 — Se cross -walk. The extra November 301 — Th of the FEMA Dsast4 November 30th 0 Place with Wisdom' November 30th S( Measurement Trail( November 30th - Of Park. November 30th I November 29th (note critical need of food/ Neighborhood Officer Program conducted two (2) s( ?ecovery Center located at Carolyn Sims Center.; er Rivera attended "Women of Influence, Trans Lining at the Davie campus at Broward State Campus ,ant Diehl logged in and monitored the Licensee P ind/or Mobile Unit; however, both were off-line. -,r -,r Rivera attended American Sign Language Train ing the "Early Childhood Leadership Collabor; (before -school) Mack McCray. to extra patrols ing the Work Reader/Speed at Intra -Coastal Meeting" on Hals identified a family in , 1 gallon of milk, 1 carton of eggs, loaves of bread, containers of juice/etc. — totaling $68.81; coupled with the supplies remaining from "Gobble to Ya Wobble" the Neighborhood Officer Program supplied the family a 3 boxes of household staples (i.e. rice/canned goods/bread/milk/eggs/etc.) and 2 bags of clothing for school children. 41 November 301 — The Neighborhood Officer Program is going to partner with "A Step Above Early Learning Center" to provide their children a new/wrapped gift and coordinate a visit by Saint Nicholas December 2017 December 1st — Office Park" at the CRA Am was requested by CLIA December 1st — Office with Wisdom" training December 1st Serge Early Learning Cent school on December 2( December 1St The N the FEMA Disaster December 2nd - Offic Truck." This evert i into the SWAT vehicle "Movies in the (1 Executive Director Mike Simon. Rivera attended" "Women of Influence, Transitioning t at the Davie campus at Broward State Campus. nt Diehl conversed with Nicole, Manager/Operator of " r." I confirmed our participation in Saint Nicholas du ighborhood Officer Program conducted two (2) separate .overt' Center located at Carolyn Sims Center. r Paramore ,attended a SWAT -related event dubbed " our attendance he Work Place A Step Above ties at the pre- extrapatrols of Fill the SWAT ed toy to place December 2nd — Sergeant Diehl, 'Officer Paramore and Officer Rivera attended the City of Boynton Beach — Tree Lighting Ceremony at the CRA Amphitheater (129 E. Ocean Avenue, Boynton Beach, FL). Our attendance was requested by CRA Staff. 42 December 311 — Officer Paramore attended a SWAT -related event — dubbed "Fill the SWAT Truck." This event is a toy drive for the citizenry to purchase a new/unwrapped toy to place into the SWAT vehicle — the toys are later donated to M&M Appliance. December 41 — Sergeant Diehl facilitated children at the Galaxy Elementary (before -school) cross -walk. The extra police presence was at the request of CRA Board Member Mack McCray. December 41 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer December 4th — Meeting at Carolyn Sim' s Center. December 41 -' Sergeant Diehl and Officer Rivera attended the Girl Sci Poinciana Elementary School. During this meeting, the Girl Scouts pres crafted Christmas Wreaths and four (4) Gift Cards (valued at $25.00 °e Boynton Association. The wreaths and gift cards will be donated to fan Boynton. December 41 — Sergeant Diehl conducted three (3) separate extra patrols o Recovery Center located at Carolyn Sims Center. December 41 - Officer Para 'more attended a SWAT -related call -out. ier's Association Troop #20736 at d three (3) hand - to the Heart of s in the Heart of December 41 — Sergeant Diehl conversed with Toni McMillian, `Assistant Principal at Forest Park Elementary. I confirmed our participation in Saint Nicholas duties at the school on December 19th. December 51 — Sergeant Diehl met with Lisa Steele, Principal at Galaxy Elementary School. We spoke about the family that the Neighborhood Officer Program is "adopting" for Christmas 2017. 43 December 51 — Officer Paramore and Officer Rivera attended Boynton Beach Police Department's Shop with a Cop at Walmart (3625 S. Federal Highway, Boynton Beach, FL). This is a collaborative partnership between the Neighborhood Officer Program and the Crime Prevention Unit. December 51 — Sergeant Diehl facilitated children at the Galaxy Elementary (before -school) cross -walk. The extra police presence was at the request of CRA Board Member Mack McCray. December 51 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. December 51 —'The Neighborhood Officer Program conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. December 5th - Sergeant Diehl conversed with Melinda Olsker, Counselor at Poinciana Elementary. I confirmed our participation in Saint Nicholas duties at the school on December 20, 2017. In addition, the Neighborhood Officer Program is being rewarded with the Poinciana Elementary School —'Business Partnership Certificate. December 51 Officer Paramore attended SWAT training. December 51 At the, request of Commissioner Mack McCray; Sergeant Diehl in collaboration with Community Standards removed a disabled Brown 2004 Buick® LeSabre parked street side at 408 NE 10th Avenue, Boynton Beach, FL reference our case 17-070011. December 51 — Sergeant Diehl and Officer Paramoremet with Willie Aikens, President of the Heart of Boynton Homeowner's Association on join forces with "adopting" a family from Galaxy and Forest Park Elementary Schools. More details to come. December 61 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. 44 December 61 — Sergeant Diehl met with Willie Aikens, President of the Heart of Boynton Homeowner's Association — dropped off gift bags/supplies for the up -coming "adopted" families for Christmas 2017. December 61 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. December 61 — The Neighborhood Officer Program facilitated a "Stranger Danger" oration/forum — hosted by Bridges of Boynton, Beach. The event was located at Ezell Hester Center. December 71 Sergeant Diehl and Officer Paramore attended the CRA Advisory Board (CRAAB) Meeting at City Chambers. December 71 — The Neighborhood Officer Program conducted two (2) separate extra, patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. December 7th —' Sergeant Diehl and Officer Paramore attended the Boynton Beach Holiday Parade Emergency Operational ' Meeting at the CRA Office (located at 710 N,, Federal Highway,, Boynton Beach, FL). December 71 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. December 81 — December 81 — The FEMA Disaster Recovery Boat Parade. extra patrol of the December 111 — The Neighborhood Officer Program conducted three (3) separate extra patrols of the FEMA Disaster Recovery Center located at Carolyn Sims Center. December 41 — Sergeant Diehl attended the Heart of Boynton — Homeowner's Association Meeting at Carolyn Sims Center. 45 December Itch — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. December 111 — Sergeant Diehl conversed with Lisa Steele, Principal at Galaxy Elementary School. We spoke about the family that the Neighborhood Officer Program is "adopting" for Christmas 2017. December 111 — Sergeant Diehl met with Willie Aikens, President of the Heart of Boynton Homeowner's Association —regarding the up -coming "adopted" familiesfor Christmas 2017. December 121 — Sergeant, Diehl met' with Phyllis Blackmon, Family and Community Engagement Specialist at Galaxy Elementary School. I dropped off forty (40) stuffed animals and forty (40) gift bags — these toys will go to the children, enrolled in the Pre -K Head Start. It should be noted that the stuffed animals collected and handed out were supplied by PetsMartQ and theift bags were donated by the Heart of Boynton Association. December 12th Officer Paramore and Officer Rivera attended Boynton Beach Police Department's Shop with a Cop at Walmart (3200 Old Boynton Road, Boynton Beach, FL). This is a collaborative partnership between the Neighborhood Officer Program: and. the Crime Prevention Unit. December 121 — The Neighborhood Officer Program attended the CRA Board Meeting at City Chambers. December 12th — S to Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. December 121 — Sergeant Diehl attended a court deposition regarding case number 13-015210. December 121 — Sergeant Diehl met with Lisa Steele, Principal at Galaxy Elementary School. We spoke about the family that the Neighborhood Officer Program is "adopting" for Christmas 2017 — coordinating a date/time to drop off the Christmas surprise. 46 December 131 — The Adopt -A -Cop USAO board meeting, hosted by Frank Danysh — was postponed until January 2018, due to possible changes in the organization's board. December 131 — Sergeant Diehl conversed with Lisa Steele, Principal at Galaxy Elementary School. We spoke about the family that the Neighborhood Officer Program is "adopting" for Christmas 2017 — the delivery date is December 21s' at 4:00p.m. December 131 — Officer Paramore and Officer Rivera attended the Boynton Beach — Holiday Parade POST -Emergency Operational Meeting at the CRA Office, (located at 710 N. Federal Highway, Boynton Beach, FL). After arriving for the meeting; it was postponed. December 13th — Sergeant Diehl logged in and monitored the License 'Plate Reader Mobile Unit as it monitored traffic/vehicles in District H. December 13th— Sergeant Diehl conversed with Frank Danysh, representing `Adopt -A -Cop USAO" to discuss c ntinuing our support for his organization. As of the first of November 27, 2017, we suspended our partnership due to internal conflicts within the organization. December 131 - Officer Rivera and Officer Paramore met with Peter Guillaume a community organizer, who requested that we`partner together to have neighborhood clean-ups. December 13th — Officer Rivera facilitated/mentored children at Congress Middle School — Boys in Blue Mentoring Program. December 131 — The Neighborhood Officer Program met with Willie Aikens,; President of the Heart of Boynton Homeowner's Association regarding the up -coming "adopted" families for Christmas 2017 — we confirmed the date/time as prescribed by Galaxy Principal Lisa Steele. December 141 — Sergeant Diehl logged in and monitored the License Plate Reader Mobile Unit as it monitored traffic/vehicles in District H and District IH. December 141 — Officer Paramore attended SWAT training. 47 December 151 — Officer Rivera attended CRA sponsored "Music on the Rocks" at the CRA Amphitheater (129 E. Ocean Avenue, Boynton Beach, FL) — our attendance was requested by CRA Executive Director Mike Simon. December 151— Officer Rivera assisted patrol operations regarding case number 17-072505; whilst she was working the CRA sponsored "Music on the Rocks." December 181 — Sergeant Diehl conversed with Nicole, with "A Step Above Early Learning Center" solidifying our participation in ;Saint Nicholas duties at the early „learning center on December 20, 2017. December 18' — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. December 18th — Sergeant Diehl met with Melinda ,Olsker, Counselor at Poinciana Elementary. I confirmed our participation in Saint Nicholas duties at the school on December 20, 2017. In addition, confirmed that the Neighborhood Officer Program will be in attendance to receive the Poinciana Elementary School — Business Partnership Certificate on the same day. December 18th -Sergeant Diehl attended the Heart of Boynton — Homeowner's Association Meeting at Carolyn Sims Center. December 181 — Sergeant'Diehl facilitated children at the Galaxy Elementary (before -school) cross -walk. The extra p ber Mack McCray. December 181 — Sergeant Diehl conversed with Toni McMillian, Assistant Principal at Forest Park Elementary. I confirmed our participation in Saint Nicholas duties at the school on December 19, 2017. December 191 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. 48 December 191 — Sergeant Diehl (dressed as Saint Nicholas), Officer Paramore and Officer Rivera (as elves) provided candy canes to one hundred twenty (120) children at the "Forest Park Elementary School." In addition, part of the duties of Saint Nicholas was to take photos with the 120 children — this was a fundraiser for the school ($600.00 was raised.) December 191 — The Neighborhood Officer Program attended the Cub Scout — Pack #243 at Poinciana Elementary School. This was the scouts annual Holiday Party. December 191 — The Neighborhood Officer Program" met with Willie Aikens, President of the Heart of Boynton Homeowner's Association - regarding the up -coming "adopted" families for Christmas 2017. December 20th Sergeant Mehl logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. December 20th,— Sergeant Diehl (dressed as Saint Nicholas), Officer Paramore and Officer Rivera (as elves) provided new crayons/pencils to the entire kindergarten' class (over 100 children) at the "Poinciana Elementary School." In addition, part of the Saint Nicholas duties several photos were taken with several children and their classrooms. December 20th Poinciana Elementary School bestowed upon the Neighborhood Officer Program their annual Business Partnership Certificate honoring the program for the work we do at the school. December 201 — Sergeant Diehl (dressed as Saint Nicholas), Officer Paramore and Officer Rivera (as elves) provided new wrapped toys/plush animals to fifty-eight (58) children at the "A Step Above Early Learning Center." It should be noted that the new toys were purchased/donated by Sergeant Diehl (totaling over $450.00) and the plush animals were donated by PetsMart®. Officer Rivera purchased/donated the gift wrapping (totaling over $10.00). 49 December 201 — The Neighborhood Officer Program met with Willie Aikens, President of the Heart of Boynton Homeowner's Association — regarding the up -coming "adopted" families for Christmas 2017. December 21st — The Neighborhood Officer Program met with Willie Aikens, President of the Heart of Boynton Homeowner's Association — he assisted with supplying both families their Christmas surprise delivery. December 211 — Semeai Engagement Spec toys — these toys that the toys wen Sergeant Diehl (t( December 211t T the Heart of Bo provided this fare tree w/ all the on girl. Moreover, and soap/etc.) It Officer Paramore gill go to the children enrolled in the Pre -K Head Start. supplied by Rhonda Holder (P2P), Boynton Beach Poli aling over $100.00). Che Neighborhood Officer Program provided a Merry Ch nton Family that the Neighborhood Officer Progran y an entire Christmas Dinner (i.e. turkey and all the fixing tments. In addition, toys/bicycle for (1) 7 year old boy Q provided the family with household essentials (i.e. toile a majority of the new and Community itional forty (40) should be noted and to » We old ted by A the gift wrapping (totaling over $10.00). Some of the new toys were purchased/donated by Sergeant Diehl (totaling over $50.00). December 211 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. 50 December 211 — The Neighborhood Officer Program provided a Merry Christmas to a two- family household — Ms. Santana Hall and her sister (aka "adopted" Family from Galaxy Elementary School Family). We provided an entire Christmas Dinner (i.e. turkey and all the fixings). In addition, we provided new/wrapped toys/bicycles/drones/etc. for this two-family household: (1) newborn baby boy (2 weeks old), (1) 5 year old girl, (1) 10 year old boy, (1) 13 year old boy, and (1) 15 year old boy. Moreover, weprovided this 2 family home with household essentials (i.e. toilet paper, detergent for clothes, diapers, deodorant, and soap/etc.) It should be noted, that a majority of the new toys were purchased/donated by Sergeant Diehl (totaling over $650.00), Officer Rivera purchased/donated the gift wrapping (totaling over $20.00). December 26th — Officer Paramore conversed with Frank Ireland, Carolyn Sims Center Supervisor, regarding starting "Sweat with a COP" on or about January, 17, 2018. As a reminder, "Sweat with a COP" is a home-grown community outreach program designed to directly have an impact between Law Enforcement and children who, reside in the community. December 26th Officer Rivera met with the Heart of Boynton "adopted" Family, who expressed their outward gratitude for the NOP "adopting" their family and providing a wonderful Christmas sumrise. December 26th — so; met with several chi December 271 — Officer Rivera and in -doing School "adopted" Family, who expressed their outward gratitude for the NOP "adopting" their two-family and providing a wonderful Christmas surprise. December 271 — Officer Rivera conducted an extra patrol at Sara Sims Park and in -doing so; met with several children in the community (i.e. interaction). 51 December 281 — Officer Paramore logged in and monitored the License Plate Reader/Speed Measurement Trailer and/or Mobile Unit; however, both were off-line. December 281 — Officer Rivera conducted an extra patrol at Carolyn Sims Center and in -doing so; met with several children in the community (i.e. interaction). December 281 — Officer Rivera conducted an extra patrol at Palmetto Greens Park and in - doing so; met with several children in the community (.e. interaction). December 291 — Officer Paramore had a SWAT Operation. December 291 — Officer Paramore assisted patrol operations with'a locating a shooting suspect — reference our case 17-075567. Decem so; met Decem Measui Rivera conducted an extra patrol at Carc ren in the community (i.e. interaction). Paramore logged in and monitored the id/ox Mobile Unit; however, both were c 52 -doing eed Neighborhood Officer Program Photos Palm Beach Post interview w/ Officer Rivera 53 54 55 56 Officer Paramore reading w/ a child at Poinciana E Pa Pirate Fest 2017 — canine taking a break from walking 57 ool 58 59 ME 61 62 63 64 65 67 t t � t � �t R )� 1� y �S J�Y G� r �Jf, ti t t ARA" A b 70 Heart of Boynton Association at "Gobble To Ya Wobble" at Galaxy 71 SS „ 53,400! �r "Gobble To Ya Wobble" — Thanksgiving Dinner 73 74 Heart of Boynton Association — Thanksgiving Day Dinner 75 Cub Scouts Pack #243 — Christmas stocking making 76 Forest Park Elementary School — Assistant Principal 77 Fill the SWAT Truck at Walmart® 78 I � �r of Fill the SWAT Truck at Walmart® Fill the SWAT Truck at Walmart® 79 ME Saint Nicholas Duties at Forest Park Elementary School 81 Saint Nicholas w/ Forest Park Elementary School Staff 82 Poinciana School awarded the NOP Business Partnership Certificate 83 Santa Duties at "A Step Above Early Learning Center" 84 85 ME 87 Galaxy Family — Christmas Surprise (After) .c 91 92 93 94 95 M 97 BOYNTON BEACH INCIDENTS - 10/01/2017 TO 12/31/2017 All Incident Types Reporting Areas Selected: 301, 302, 305, 306 For: All Days of the Week with No Time Restrictions, Excluding All Filtered Addresses �d Incident Types Total Incidents Selected = 55 Assault --Assault - Firearm (1) 4D Assault--StrongarmAssault- (1) Criminal H–Murder (1) 0 Extortion --Criminal Mischief (2) Forgery &--Weapons Carry Posses (1) Gambling --Driving Under Influe (1) 0 MotorVehi--Stolen Automobile (2) 0 Other Offe--Offenses Not Covered (27) 0 Other --Recovered Stolen My (14) Property --Larceny Over $200 - (1) Property --Larceny Under $50 - (2) Property--Lrcny Btwn $50 & $20 (2) Not Cc m My Scale: 1 inch = 1,021 feet Map Produced on 01/09/2018 By Carnelnfo- Version 11 iA M7 Quantity Cost per Unit Subtotal Notes Category Actual Sergeant Salary & Incentive(Diehl) 1 90,500 90,500 Salary, Education Incentive Sergeant Benefits -Pension 1 43,000 43,000 Pension Sergeant Benefits 1 15,755 15,755 Healthcare, Dental, Vision, Fica Officer Salary & I ncentive(Para more) 1 61,250 61,250 Salary, Education Incentive Officer Benefits -Pension 1 29,100 29,100 Pension Officer Benefits 1 13,335 13,335 Healthcare, Dental, Vision, Fica Officer Salary & Incentive(NEW) 1 $ 50,000 $ 50,000 Salary, Education Incentive Officer Benefits -Pension 1 $ 23,750 $ 23,750 Pension Officer Benefits 1 $ 13,335 $ 13,335 Healthcare, Dental, Vision, Fica $ 340,025 Personnel Costs Total Radio and Related Equipment 1 $ 2,000 2,000 Bike Rack 1 $ 250 250 Misc. Equipment - As needed 1 2,500 2,500 $ 4,750 Equipment Costs Total Cell Phones Service Plan 3 675 2,025 Office Supplies 1 2,000 2,000 Paper, Pens etc. Office Cleaning 1 1,500 1,500 Misc. Supplies 12 125 1,500 Printer -Copier -Scanner 1 1,000 1,000 For Community Events 8,025 Office Expenses Total Promotional/Marketing 7,500 Contingency $ 11,700 11LA Amount for FY 17-18 Revised by CRA to include promotional/marketing materials and additional equipment. T:VF|NANCEN1FINANCIAL OPERAT|ON8Y/eadyO FUes\2017-2018Budge FilesPOL|CE-Neighborhood Policing Budget ' FY17-10 CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.D. SUBJECT: Community Caring Center 4th Quarter Report for FY 2016- 2017 SUMMARY: On December 14, 2016, the CRA Board approved an agreement to fund the Community Caring Center Culinary Incubator Program for a total of $70,000 (Attachment 1). Under the terms of the agreement, the Community Caring Center is required to provide a quarterly report summarizing the deliverables of the agreement. Attachment I I is a copy of the report for the period of July - September 2017. After review the documents, the Community Caring Center is in compliance with all required deliverables (Attachment 111). FISCAL IMPACT: $17,500 budgeted in FY 2016 - 2017, Project Fund 02-58500-470 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Review and approve the Community Caring Center report and payment of $17,500 for the period J my 2017 - September 2017. 2. Do not approve ATTACHMENTS: Description D Attachment I - Executed Contract D Attachment II - Community Caring Center 4th Quarter Report D Attachment III - Deliverables This Agree nt for the funding of business incubator program services ("Agreement") is entered into this day of MW 6, by and between the: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"), a public agency created pursuant to Chapter 163, Part Ili, Florida Statutes, with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435; and • �- - F '0 0. # 40 • WHEREAS, the CRA recognizes that the future economic health of the CRA and the City of Boynton Beach ("City") depends upon small businesses; and WHEREAS, the CRA recognizes that many of the small businesses within the City are facing challenges due to economic conditions; and WHEREAS, business incubators, specifically including CCC, nurture the development of entrepreneurial companies by providing business support services and by allowing companies to share resources in order to reduce overhead, operational, and other costs; and WHEREAS, the CRA Board anticipates that CCC will assist in creating jobs in the Boynton Beach Community Redevelopment Area ("CRA Area"), enhancing the entrepreneurial climate in the CRA Area, retaining business in the CRA Area, and diversifying the local economy; and WHEREAS, business incubator programs meet the CRA's objective of economic development within the CRA Area per Chapter 163, Part III, Florida Statutes and with further the objectives of the CRA Plan; and WHEREAS, The CRA recognizes that the CCC's incubator program ("Incubator Program") is a culinary incubator program which is a unique and innovative model specific to growing culinary businesses that allows businesses produce their food and beverage products in a shared kitchen environment; and WHEREAS, it is likely that CCC's culinary incubator clients would have substantial costs associated with creating their own establishments; and WHEREAS, the CRA Board approved the Fiscal Year 2016-2017 budget at the September 13, 2016 meeting, which included funding for a business incubator program to be provided by CCC, including training and one-on-one technical assistance to new and existing small businesses; 00733010-1 NOW THEREFORE, • - • the mutual promises,covenants - - herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties herebyagree as follows: Section 1. Incorporation. The foregoing recitals and all other information above are true and correct h time of the execution of this Agreement and are hereby incorporated herein as if fully set forth. Section 2. Effective Date. This Agreement shall be effective on the date the last party to sign executes this ,agreement ("Effective Date"). Section 3. Goals of the Business Incubator Procram Funded by the CRA. The goal of the Incubator Program is to assist City residents and business, especially those located in the CRA Area, in starting or expanding small businesses in furtherance of the CRA Plan, as it may exist from time to time. CCC will assist both experienced and inexperienced business clients and provide training and counseling services on a variety of topics to help current and aspiring business owners become successful business owners. This Agreement shall be interpreted to further these goals. Section 4. Requirements A. Scope of Work. CCC will run the Incubator Program to assist Boynton Beach residents and businesses who desire to start up a small business or accelerate the growth of an existing business (Incubator Program Clients). CCC will use its best efforts to ensure that the Incubator Program will provide a nurturing learning and production environment for small businesses, individual entrepreneurs, and minority and women -owned businesses. CCC will assist both experienced and inexperienced business clients and provide training and counseling services on a variety of topics to help current and aspiring business owners become successful business owners. The parties agree that it is reasonable for Incubator Program Clients to remain in the Incubator Program for up to five (5) years. B.i. i ill The parties agree that entrepreneurs, start-up business, new businesses and existing businesses shall be eligible for the Incubator Program. Provide a report (Quarterly Report) to the CRA according to the schedule in Section 4.D of this Agreement. Failure to submit a Quarterly Report constitutes an event of default pursuant to this Agreement and renders CCC ineligible to receive funding pursuant to this Agreement until such default is cured. The CRA will not process requests for reimbursement until the default is cured. The Quarterly Report must contain an update on each item listed in this Paragraph (Paragraph C. Results and Deliverables). 2. Create ten (10) new full time equivalent jobs by September 30, 2017. CCC will provide evidence to the CRA of this job creation by submitting W-2 forms, 1099 forms, or RT -6 Quarterly State of Florida Reemployment Tax forms with each Quarterly Report. 3. Conduct quarterly works hopsltraining. CCC will submit with each Quarterly Report copies of sign -in sheets from the quarterly meetings. The sign -in sheets must include the following information. 00733010-1 T:%CONTRACTS-LEASES-131FAs1Communit7y Caring Center\Revised Community Caring Agreement (00733010xSA9136) 11-30-2016.doc a. Name and Description of workshop or training, including the date, location and time of the workshop or training. b. Name of participant(s), business name of participant(s) (if applicable), type of business, address, telephone number, email address of participant(s). 4. Create a cumulative list of Incubator Program Clients ("Client List") and provide proof of residency for all clients as of October 9, 2096. Acceptable forms of proof of residency include driver's licenses, business and corporate documents, business licenses and other forms of proof the CRA deems acceptable. The Client List must indicate whether each client is existing or new and if any Incubator Program Client on a previous report or Client List has dropped out of the Incubator Program. After the first Quarterly Report, CCC shall be required to submit proof of residency documents only for new Incubator Program Clients. 6. Provide statistics on Incubator Program Clients who have graduated the Incubator Program ("Incubator Program Graduates"), including a list of Incubator Program Graduates who have started or expanded their businesses. In the Quarterly Report, CCC must provide copies of leases for businesses of Incubator Program Graduates and a description of the business that has been started or expanded as a result of the Incubator Program. 6. Make active efforts to ensure that a minimum of 25% of the Incubator Program Clients and Incubator Program Graduates reside in or intend to open independent businesses within the CRA Area, and provide written or marketing materials used to meet this goal. CCC will provide an update on progress towards this goal in each Quarterly Report. 7, Obtain and provide to the CRA data on the economic impact of the Incubator Program, which shall include business data, such as tax returns, of Incubator Program Clients and Incubator Program Graduates as reported to the Internal Revenue Service, and other summary data related to economic impact in the CRA area. 8. Provide financial statements for the Incubator Program. CCC will hire, at its own expense, an independent Certified Public Accountant to provide annual audited financial statements for the Incubator Program that must be submitted to the CRA as soon as completed and prior to any additional funding consideration by the CRA. Quarterly financial statements are due on the schedule outlined in Section 4.D of this Agreement. This paragraph shall not be read to required financial statements from all Incubator Program Clients and Incubator Program Graduates. 9. Undertake Incubator Program marketing outreach activities to recruit participants who are new or existing small business owners. Marketing efforts will be towards persons who are residents of the City of Boynton Beach or own and operate a small business located in the City of Boynton Beach. Recruitment of participants for the program will be from word of mouth, direct marketing, publicity mailings, email, press releases, attendance at local business events, and referrals by the local Boynton Beach community organizations. CCC shall provide copies of marketing materials with each Quarterly Report. D Reporting and ReimbursementRequests.provide to the CRA Quarterly Reports • requests for- r•rding to the following schedule. ., - 4- *= • 00733010-1 T:\CONTRACTS-LEASES-DIFAs\Cormnunity Caring CenterlR.evised Cm-nmunity Caring Agreement (00133010xBA9D6) 11-30-2016.doe October 1 — December 31, 2016: January 1 — March 31, 2017: April 1 — June 30, 2017: July 1 —September 30, 2017: due to CRA by February 1, 2017 due to CRA by May 1, 2017 due to CRA by August 1, 2017 due to CRA by November 1, 2017 Section 5. Compensation. The CRA shall pay CCC a total of $70,000 for CCC's performance of its obligations under this Agreement. CCC will be paid quarterly in an amount of $17,500 per quarter upon formal written request by CCC. Payment is contingent upon receipt by the CRA of all Results and Deliverables listed in Section 4. Requirements. Time is of the essence, and in order to receive compensation CCC must make requests for compensation in accordance with the schedule found in Section 4.D of this Agreement. The CRA shall pay within thirty (30) days of receipt of all required reports and requests. Deadlines for reports must be strictly adhered to for reimbursement by the CRA. All payments shall be in the form of a CRA check made payable to CCC. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by CCC, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve CCC of any liability under this Agreement. Section 6. No Partnership. CCC agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that CCC is an independent contractor and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or CCC's performance under this Agreement. Section 7. Termination. This Agreement will automatically terminate after the CRA has made the last payment to CCC as requested by CCC pursuant to the schedule in Section 4.D of this Agreement. This Agreement may be terminated earlier for any reason, or no reason, by the CRA upon thirty (30) days written notice of termination to CCC. Section 8. Non -Discrimination. CCC agrees that no person shall, on the grounds of race, color, ancestry, disability, national origin, religion, age, familial or marital status, sex or sexual orientation, be excluded from the benefits of, or be subjected to discrimination under any activity carried on by CCC, its subcontractors, or agents, in the performance of this Agreement. In the event that the CRA is made aware that such discrimination has occurred in breach of this Agreement, it shall provide notice to CCC. Upon receipt of such notice, CCC shall have 15 days to provide evidence that it has cured the breach. The CRA will evaluate the evidence provided and determine, in its sole discretion, if the breach has been adequately cured, and if the CRA determines the breach has not been cured, the CRA shall have the right to immediately terminate this Agreement shall not be liable for any further payments to CCC pursuant to this Agreement. This Section shall not be construed so as to alter any other provisions of this Agreement concerning termination except as specifically stated in this Section. Section 9. 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, CCC certifies that it, and its affiliates, contractors, subcontractors 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 10. Indemnification. CCC shall indemnify, defend, save, and hold harmless the CRA, its elected officers, its agents, and its employees, from any and all claims, demands, suits, costs, damages, losses, liabilities, and expenses, sustained by any person whomsoever, which damage is 00733010-1 T:ICONTRACTS-LEASES-DIFAs\Community Caring Center\Revised Community Caring Agreement (00733010xBA9D6) 11-30-2016.doc Page 5 of 8 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 CCC or its 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 CCC and/or his subcontractors, agents, servants or employees in the provision of services under this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. Section 11. Notice. Whenever either parry desires to give notice to the other parry as required under this Agreement, it must be given by written notice to the name(s) and address(es) specified in this Section, and must be 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. Any party may change the person or address to whom notice must be directed by providing written notice to the other parties. Notices must be sent to: If to the CRA: Boynton Beach Community Redevelopment Agency Attn.: Michael Simon, Interim Executive Director 710 North Federal Highway Boynton Beach, Florida 33435 With copy to: Tary Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to CCC: Sherry Johnson Community Caring Center of Greater B.B. Inc. 410 E. Boynton Beach Blvd. Boynton Beach, FL 33435 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 12. Waiver of Claims. The CRA shall not be responsible for any property damages or personal injury sustained by CCC from any cause whatsoever related to CCC's performance under this Agreement, whether such damage or injury occurs before, during, or after CCC's performance. CCC hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by CCC. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. A. EntireAgreement-, No Modification. The CRA and CCC agree that this Agreement sets forth the entire and sole Agreement between the parties concerning the subject matter expressed herein 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. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral 007330104 T:ICONTRACTS-LEASES-D[FAs\Community Caring CenterlRevised Con -=unity Caring Agreement (00733010xBA9D6) 11-30-2016.doc or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may b(; used #. of this Agreement. B. Survival. The provisions of this Agreement regarding termination, default, and indemnification shall survive termination or expiration of this Agreement and shall remain in full force and effect. 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. Headinsas, The Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. E. Governing Law. Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. F. Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. G. Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of CCC contained in this Agreement. H. No Transfer. This Agreement shall not subcontract, assign or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or any other entity, without written consent of the CRA. 1. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and CCC (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. J. Public Records. The CRA is public agency subject to Chapter 119, Florida Statutes. To the extent required by law, CCC shall comply with Florida's Public Records Law. Specifically, CCC shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the services referenced herein; 2. Provide the public with access to such public records on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of CCC upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored om330to-t T:ICONTRACTS-LEASES-DIFAsICommunity Caring Center\Revised Community Caring Agreemcnt (00733010xBA9D6) 11-30-2016.doc electronically must be provided to the CRA in a format that is compatible with the information technology systems of the CRA. K. Default. The failure of CCC to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If CCC fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement and shall not be liable for any further payments to CCC pursuant to this Agreement; however, the CRA may elect, in its sole discretion, to fully or partially compensate CCC for CCC's partial performance under this Agreement. L. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. M. Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attomey drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. N. Compliance with Laws. In its performance of this Agreement, CCC shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. IN WITNESS WHEREOF, the parties hereto have entered this Agreement on the day and year first above written. COMMUNITYBOYNTON BEACH REDEVELOPMENT AGEN Print Name: St ven T. Grant, Chair Date: 13 • *: '10 Z =ii PrintName-. *0"el 007330Mi T:1CONTRACTS-LEASES-DIFAs\Community Caring CenterlRevised Community Caring Agreement (00733010xBA9D6) 11-30-2016.doc ETIMM-61 Date. (Witness) dnt e: OD73301 ai TACONTRACTS-LEASES-DIFAsICommunity Caring CenterWevised Ca®mnunity Caring Agreement (00733010xBA9D6) 11-30-2016.doe Board of Directors: Joyce C. Portnoy, President Everlene Baker, 1 s` VP Doreen Robinson, 2nd VP Janet Dadia, Secretary Larry Diljohns, Treasurer Dr. James DeVoursney Sharonda McClenodn John E. McGovern Maureen Connolly -Shannon Ronald Rauh Rev. Nathaniel Robinson, Ph.D Advisory Committee: Rev. Harold Dom Meghan Hayes, Marketing Director, Primus HealthCare Dr. Timothy Kehrig, Kehrig Family Chiropractic Nate G. Nichols, PH.D., Board President, Prime Time, PBC Jane Snell -Simpson, JS -1 Construction Co, Engineering Staff. Sherry Johnson, Executive Director Michelle Davis -White, Senior Program Director Yvonne Ainbinder, Affordable Food Coordinator Social Services Emergency Food, Shelter, & Financial Assistance DCF - ACCESS Food Stamp Application Homeless Outreach Food Pantry USDA Faith in Action Frail & Elderly Caregiving Economic Development Culinary Small Business Development Center "Easy Garden Gourmet" Nutrition Cooking Classes Food Preservation Classes 5 A -Day for Children Senior Veggie Mobile Home Delivered Meals BOYNTONg�= �j SEAQ "� R 1" . A_. Paim Heach County � COMMUNITY J, SERVICES! Boynton Beach • + f N. Federal Beach,Boynton • i FY 2016/17 Contract Now of Boynton c , Inc. Social Service Department PO BOX 100 Boynton Beach, FL 33435 Phone: 561.364.9501 Fax: 561.364.7288 Please find our 4 for $17,500-a for your approval. We've met all of our goals contract period. You will find attached the following back-up documentation: * P & L Statement for our grant period October 12016 t ru September 30, 201?; * Economic Impact data on clients spreadsheet; Additional back-up documentation for our incubator clients, and Additional information for the Culinary Job Fair. Grandma's needs additional time for installing an additional oven so that she can meet her contracts for production. •^ • • •'M MMI The next ones to be venturing out on own will be infusion growthShe has had remarkable r and s together for . openingdedicated the market area to her and have recently expanded her seating capacity. She has ! ♦ to her (soldDinners I't Saturdays of each month out d is picking supportevents. Her family .•- to get her business launched, dishwasher,:. and is beginning to come in earlier to learn food prep. customerand abulous. contactup in an accounting program and she is managing it very well. If you have any questions, please feel free to 561-386-4261. Sherry XJohnson Community Caring r Economic Development Department �.. j Secret Garden Cafe, A Culinary Incubator Programs 410 F. Boynton Beach Blvd Boynton Beach, Fl 33435 561.752.8598 Website: M21A cccIbb.orc Boynton Beach • + f N. Federal Beach,Boynton • i FY 2016/17 Contract Now of Boynton c , Inc. Social Service Department PO BOX 100 Boynton Beach, FL 33435 Phone: 561.364.9501 Fax: 561.364.7288 Please find our 4 for $17,500-a for your approval. We've met all of our goals contract period. You will find attached the following back-up documentation: * P & L Statement for our grant period October 12016 t ru September 30, 201?; * Economic Impact data on clients spreadsheet; Additional back-up documentation for our incubator clients, and Additional information for the Culinary Job Fair. Grandma's needs additional time for installing an additional oven so that she can meet her contracts for production. •^ • • •'M MMI The next ones to be venturing out on own will be infusion growthShe has had remarkable r and s together for . openingdedicated the market area to her and have recently expanded her seating capacity. She has ! ♦ to her (soldDinners I't Saturdays of each month out d is picking supportevents. Her family .•- to get her business launched, dishwasher,:. and is beginning to come in earlier to learn food prep. customerand abulous. contactup in an accounting program and she is managing it very well. If you have any questions, please feel free to 561-386-4261. Sherry XJohnson Community Caring Center of Greater Boynton Beacb, Inc. Community Caring Center of Greater Boynton Beach, Inc. dba The Secret Garden Cafe, A Culinary Incubator Program dba The Sailfish Cafe Boynton Beach CRA 41h Quarter ReporE FY 2016117 1 ncubator Grant INVOICE for $17,500 — 4th Quarter A. Job Creation Completed B. Quarterly Workshops Completed C. On -on -one Consultations Completed D. Client List, proof of residency additional documents was already turned in See attached Economic Impact Report During the 41h Quarter we added 2 new businesses: Tony & Toni King, A Bite2Eat Gourmet Soul Food Grill & Catering, )ohn Holbrook, Pitbull BBQ Sauce, and Tim & Hope belong. The Delong's left as fast as they arrived, however remained involved as mentors to food processing start-up businesses. The Delong's developed a product for concentrated bone broth soups and received an immediate contract and needed larger space for production. They are professionals in the culinary industry. Hope Delong is a marketing consultant, and Tim is the culinary wiz. They have developed many lines of products and opened several restaurants and then sold them. They have become mentors to several of our clients including John Holbrook. Their knowledge about product testing, and methods of food production have become extremely valuable to several of our clients including returning Nadia and Warren, Cakes 4 All season, & Sassy Palate. Both A Bite 2 Eat & Pitbull BBQ Sauce documentation is attached. A Bite2Eat took over the management ofthe Sailfish Cafe and is averaging about $1,500 month in sales at the cafe, plus weekend catering. They has registered as vendors for the Pirate Fest, along with Amy's Kitchen, and A Taste of Something Special E. Financial Statements— see P & L for October 1, 2016 thru September 30, 2017 F. Food Prep Classes & Culinary)ob Fair — the summer focus concentrated on our NEW Food Prep Classes and providing our first 2017 Culinary )ob Fair. Both the food prep class graduation and the )ob Fair event were disrupted by Hurricane Irma and were rescheduled to October. There were 11 food prep participants, 9 graduated from class. We hired Carline for the Senior Meals program. Two students were hired by Publix Bakery, and the others want to open their own business and will join a special Entrepreneur Program beginning in )anuary 2018. The class also learned to cater the )ob Fair. A copy of the job fair recruiters, registration forms, press release and expenses are all provided. The rescheduling of the event from September to October, cost us dearly with participation. We felt we had a great format that can be used again, participants want to do it again, timing seems to be hovering around a late July or early August 2018 timeframe. There were over 2,000 job opportunities available that evening. Please note tha t d Special Re9uest for an extension oftime to February 2018 to complete our audit was sent via email to Mike Simon. OurAuditor passed away and we have had to startagain with anotherauditor. Cz a 'o 2 o u Y so Y- p o uu u u i *5 c oc LL E p c o' v c n u yy c a• 91,�� E n v d a sr o 0 0 0 0 0 0 0 0 o a N N N o 0 0 0 o 0 ro � W W 'Y� b '{Opp 0 O N E O 0 0 O n n Of d d 3 O N Z a d ami T N N N N L epi •gyp � C � L C � C W C � � a h lM(1 N N N M °•'i b N ul N C d o 3 C c C c p Iq m Ned Y z m ¢ 3 �i o: voi bi m o 0 o a o 0 o 0 0 0 11p1 m C Z n a N N W 10 M n N N N W W W O ehi CO n M N p N O N p p O C T d 11Nj O O N O O O O ry a pp W W W tl'1 W �4 'dj p p O p 01 O Of pMj m O C O n .M-1 M ONj O O O O O O O O O O N Oci O O O O N O N 01 00 4 '�� IOfl N e+Ml Ol N N N Of Ia0 b O N OND N N O N apo M N O O O O O O Om Ne4 O 'I ti ei t0 °py m N m b Ol 1 j N OI OI N °y °y O Z °1 G � ry m Q � O G1 1• � b O O V � O 00 V V P PD a � Ill V� 1'n V � l° m W N N O .- b N 111 Qmi O h W N 7 � b N O O 00 N D. 10 N m b tp ID W �D tD WM -22 O N N t0 Vbf b V N Ilt h N 111 O M m OD $ U c= ° 1°, E +� o E E � E E $ E ° E o m (aj S °u v v N E _ $" Z O E N c d E ti o m! m E > LL E E @J @J D .� v E @ E m E L E _ E " Eo E Q E °o ° (gjm� T" ° E (aj o Ri N o s o ° - f- E 'm E o a1 m d C m m N n y`d° 0 .. 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N 3 — O d y W C 3 V m d n ~ ry s aJ U "" U NEt9 d GI- 10 n x a W W a Y m W N AI d N b n Op N O W W W ry W M W Q W N W b W n W b W N W O N W N N N M N Q N N N Je9Aguju4 p O O O O O O O 8 6N O p N N N ry p N NO N N O N O N O N N y O N 6:29 PM Community CaringCenter of Greatert , Inc. 12/27/17 Profit & Loss Accrual Basis October 2016 through September 2017 Oct'16 - Sep 17 Ordinary Income/Expense Income Contributions 15,000.00 Grants 47,500.00 Program Service Fees and Sales 41,643.25 Total Income 104,143.25 Gross Profit 104,143.25 Expense 145,704.19 Alarm 1,233.72 Auto Expenses 100.00 Bank Service Charges 23.80 Casualty Loss 0.00 Computer Software & Equipment 249.95 Contract Labor 1,055.00 Licences and Fees 1,313.34 Marketing 425.00 Meetings 69.57 Merchant Fees 499.18 Office Cleaning 550.00 Office Supplies 263.17 Pest Control 1,555.00 Professional Fees 51,598.04 Program Expense 2,773.59 Rent 56,631.08 Repair & Maintenance 2,153.13 Utilities 25,210.62 Total Expense 145,704.19 Net Ordinary Income -41,560.94 Net Income -41,560.94 12:51 PM CommunityCaring Center of Greater Boynton Beach, track 12128617 Profit & Loss Accrual Basis October 2016 through September 2017 Oct'16 - Sep 17 Ordinary Income/Expense Income Contributions Individuals Individuals - Other 15,000.00 Total Individuals 15,000.00 Total Contributions 15,000.00 Grants Boynton Beach CRA 47,500.00 Total Grants 47,500.00 Program Service Fees and Sales Business Incubator Rent 41,643.25 Total Business Incubator 41,643.25 Total Program Service Fees and Sales 41,643.25 Total Income 104,143.25 Gross Profit 104,143.25 Expense Alarm 1,233.72 Auto Expenses Fuel 100.00 Total Auto Expenses 100.00 Bank Service Charges Bank Service Charges - Other 23.80 Total Bank Service Charges 23.80 Casualty Loss 0.00 Computer Software & Equipment 249.95 Contract Labor Contract Labor - Other 1,055.00 Total Contract Labor 1,055.00 Licences and Fees 1,313.34 Marketing Constant Contact 300.00 Marketing - Other 125.00 Total Marketing 425.00 Meetings 69.57 Merchant Fees PayPal Fees 499.18 Total Merchant Fees 499.18 Office Cleaning 550.00 Office Supplies Office Supplies - Other 263.17 Total Office Supplies 263.17 Pest Control 1,555.00 Professional Fees Consultant Technical Assistance - Incubato 21,000.00 Consultant - Other 22,500.00 Total Consultant 43,500.00 Consulting Job Fair 8,098.04 Community Caring Center of Greater Boynton Beach, Inc. Profit ;:. 1 f r Loss October 2016 throughSeptember2017 ZIM Oct '16 - Sep 17 Total Consulting 8,098.04 Total Professional Fees 51,598.04 Program Expense Job Fairs 2017 Job Fair 2,773.59 Total Job Fairs 2,773.59 Total Program Expense 2,773.59 Rent 410 E. Boynton Beach Blvd 55,731.08 Sailfish Cafe 900.00 Total Rent 56,631.08 Repair & Maintenance Building Supplies/Materials 13.90 Equipment 957.00 Kitchen Equipment 1,182.23 Total Repair & Maintenance 2,153.13 Utilities Gas & Electric 18,270.55 Internet Access 216.87 Telephone 1,305.98 Water 4,707.75 Wi - Fi Access 709.47 Total Utilities 25,210.62 Total Expense 145,704.19 Net Ordinary Income -41,560.94 Net Income -41,560.94 ZIM L aRY JOB FAIR http://ww,w-cccgbb.org/cull*nary-job-fa*ir Benvenuto Restaurant 1730 N. Federal Highway, Boynton Beach, Fl 33435 0 m U- mU- i6m m m _ I.- Q Z) o .L C Y O E CO Q < .�v C rO N > p O O N O C O N O o LL 0') Y ami O 0 S NO ONU N (C6 0 U 0) C m 0) Z)U C> O . 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O CN 7 C O_ O 0 0_ C 'V j 4) > O E -0 (A > N `m E O C 0� m m_ U m O Cl) ° °o U U — LL _T r �O) O r ON 0 U .E i r o Lr)>' m ON O_ 0- 64( o f �` -(- w m m a) m N a� E m m LL co -2 m .�� m 0 U 0 p C O m UtU > E'�� o U m o m Cl) a 0) m T C O O 2 O U N � m -6 N g C,) E m U > o '4 _C O C (A m m m E'N (Np C T (U6 10' O O 00 t m m o U E o m M O m 0) m C 7 O 0 m C N U C p O >i 0 O _00 N m C W _ C l- N C 'E 7 N 0 m m E f m E m to mC O E O 0) 7 p p (� U O) C m U > m m o E m m m O E m� o a) o 0 C (A CO a N 0 N E OU Quo m o 0 - Cl) O U C v a N E N YU m o m m `m oU LEO of a U N X r O N O N LL LL N J CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.E. SUBJECT: Consideration and Discussion of the Letter Submitted by the Community Caring Center Boynton Beach, I nc. (CCC), for their property located at 145 NE 4th Ave, Boynton Beach, Florida. SUMMARY: On July 9, 2017, the CRA received a letter submitted by Sherry Johnson, Executive Director of the Community Caring Center (CCC) outlining her proposed terms for the CRA's proposed acquisition of the Community Caring Center's property as well as the financial conditions necessary for the redevelopment of a new facility which she estimates will cost approximately $785,000 to construct. The purchase terms presented by Ms. Johnson offers a sales price of $300,000 for the existing property, an additional $100,000 in financial assistance toward the construction of their new facility and the sale of the CRA and City owned site for $10.00 (see Attachment 1). The CCC's existing property is located within the CRA's Cottage District Project site area and was appraised in April 2017 with a estimated market value of $171,000 (see Attachment 11). While the community outreach functions of the CCC are well received, the commercial nature of the activities provided by the Center create a less than ideal situation for neighboring residential uses. This conflicting use has been identified by staff and professionals in the development community, as a hindrance to the future residential redevelopment of the overall project site. In January 2017, the CRA purchased the vacant lot located at the corner of NE 3rd Street and NE 9th Avenue, adjacent to two vacant lots owned by the City. By combining these three lots, it would create a parcel large enough for the construction of a new CCC building facility approximately 3,000 square feet in size and associated parking (see Attachment 111). CRA staff and Ms. Johnson met on November 27, 2017 to discuss the status of the proposal and any issues with the site plan or financial terms. During the meeting, Ms. Johnson expressed her desire to explore the possibility of expanding the size of the originally proposed building to accommodate new programs being developed for the future of the CCC. Ms. Johnson followed this meeting with an email update and request to provide the CRA Board with a progress update (see Attachment IV). FISCAL IMPACT: To be determined. CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan; Heart of Boynton District CRAAB RECOMMENDATION: Supports the purchase of the CCC property located at 145 NE 4th Ave and providing financial assistance to develop the new site at NE3rd/NE9th with CRA funding not to exceed $400,000 from a combination of monies from the MLK Corridor and Property Acquisition line items budgeted in FY 17/18 Project Fund. CRA BOARD OPTIONS: To be determined. ATTACHMENTS: Description D Attachment I - CCC July 9, 2017, Letter D Attachment II -Appraisal D Attachment III - Proposed Site Plan at NE 3rd St/NE 9th Ave D Attachment IV - Email from Sherry Johnson Board of Directors. Joyce C. Portnoy, President Everlcne Bakcr, 1" VP Doreen Robinson, 2nd VP Janet Dadia, Secretary Larry Diljohns, Treasurer Dr. James DeVoursney Sharonda McClenodn John E. McGovern Maureen Connolly -Shannon Ronald Rauh Rev. Nathaniel Robinson, Ph.D. Advisory Committee: Rev. Harold Dom Mcghan Ilayes, Marketing Director, Primus HealthCare Dr. Timothy Kehrig, Kehrig Family Chiropractic Nate G. Nichols, PH.D., Board President, Prime Time, PBC Jane Snell -Simpson, JS -1 Construction Co, Engineering Staff- Sherry Johnson, lixecutme 1)irector Michelle Davis -White, Senior Program Director Yvonne Ainbinder. Affordable Food Coordinator Social Services Emergency Food, Shelter, & Financial Assistance DCF -ACCESS Food Stamp Application Homeless Outreach Food Pantry USDA Faith in Action Frail & Elderly Caregiving Economic Development Culinary Small Business Development Center "Easy Gorden Gourmet" Nutrition Cooking Classes Food Preservation Classes 5 A -Day for Children Senior Veggie Mobile Home Delivered Meals sMTON'(—,r,,. ACH =1 Community ri Center Economic Development Department Secret Garden Cafe, A Culinary laeubator Program 410 F. Boynton Beach Blvd moo'. Boynton Beach, F133435 561.752.8598 Website: Michael Simon, Executive E)irecto Boynton Beach Community F-Zedevclopryient Agcmcy 710 N. F-ederal Highway Boynton Beach, FL, 33435 RE Sete or Property located u 145 NE 4 tf, Ave Dear ter. Sire n: Social Service Department PO BOX 140 Boynton Beach, F1, 33435 Phone. 561.364.9541 Fax: 561.364.7288 Thank yo(..i for meeting with rete .on ,Jure 30, 2017 to cliScuSS the future of the Community Caring Center regarding the sale of the 145 NE 4", ' ;property and acqUistion of the three (3) vacant lots located Coil 9th Ave, To follow-up on our discussion and actually put the terms in written format for your consideration. The CCC would be willing to sell their property located at 145 NE 4th Ave., Boynton Beach, parcel # 08-43-45-21-29-003-0014, AKA Shepard ADD S 75 ft of Lot 1 Blk 3 for A) a net amount of $300,000, B) plus title to the 3 vacant lots located on NW 9th Ave. with a simultaneous closing, and C) $100,000 Commitment tetter for grants and In-kind services towards the construction of the new location. A perfect time for closing would be between October 1, 2017 and December 2017. $300,000 Sales Price net - Our current mortgage has a balance of $7,500, we are close to the end of our mortgage so approximately $460 of our monthly mortgage payment is applied towards principal deduction each month. By the time we get to closing the balance should be around $5,000. We are asking that all closing fees, documentary stamps, legal costs, etc be paid for by the CRA, so that the CCC walks out with a check in a minimum amount of $300,000. It is important that we show $300,000 in our reserve account so that it can be leveraged as part of a matching commitment towards an anticipated construction cost of $785,000, and equipment, interior design, and move -in expenses of anticipated at $75,000. Our grant writer is already developing a grant writing strategy. Con't pg -2- CRA – Sale of 145 NE 4h Pg -2- 2. Title to the 3 -lots on NW 9th Ave – We are very satisfied with the possibilities of this location. I know that the CRA owns one of the properties and the City owns the other 2 parcels. I'm not sure the process that you need to go through to dispose of neither them nor the time frame involved. As we #�r M this proiv-m#wiAY1VA happy to comply to every request needed in order for you to successfully dispose of this property and provide us with clear title. However, we want this to be a simultaneous closing and do not want to have to pay for them. If there is a value that you require in the way of compensation to the City or the CRA, then that needs to be added to the sales price. Also, it is important that title be conveyed at the same time as the closing. Applying for the necessary grants for this construction project not only requires that we demonstrate cash reserves for match but it also rejuirij illi jo-grio "zzn —ffu I 3. Grants and In-kind services of $100, 000 towards the construction of the new center. We are asking to be allowed to apply for all of the grant programs available to us thru the CRA for interior build out, rent/mortgage assistance, advertising. Also, assistance with various engineering, architectural, renderings, landscaping plans, driveway designs, surveys, presentation material, surveys, energy efficiency designs, soil borings, etc. that pertain to the construction of the CCC's new center. This is important to us for the following reason, one of the grants we intend to apply for is the Kresge Foundation. They require for projects a commitment from the City and the Community Redevelopment Agency. It would also be the same for any County funds we seek. To have a Commitment Letter from the CRA for $100,000 towards 1 -he construction of the project will be crucial to our grant writing success. If yob, any questions, please feel free to contact me at 561-386-4261. K41 Cc: CCC Boord 0 Directors, Theresa Utterback, CRA Assistant Directil Ps. Thank you to Theresa for coming to our board meeting in June, and for all the hard work you have put in to resolve the relocation of the CCC issues, APPRAISAL REPORT COMMUNITY CARING CENTER OF BOYNTON BEACH 145 NORTHEAST 4 AVENUE BOYNTON BEACH, FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation, Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 April 1, 2017 April 1, 2017 Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 RE: Community Caring Center of Boynton Beach, 145 NE 4 Avenue, Boynton Beach, FL 33435 (Legal description is in the report) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of April 1, 2017. The report sets forth our value conclusion, along with data and reasoning supporting our opinion. This report was prepared for and our professional fee billed to Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2016-2017). This report is for possible acquisition of the appraised property. Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of the market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. ONE HUNDRED SEVENTY-ONE THOUSAND DOLLARS $171,000 (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT YVITH FORTY-ONE (41) NUMBERED PAGES PLUS ADDENDA FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State -Certified General Real Estate Appraiser RZ-85 �9wzoal�� Claudia Vance, MAI State -Certified General Real Estate Appraiser RZ-173 MBA REAL ESTATE MANAGEMENT AND DEVELOPMENT 7481 Northwest 4`h Street, Plantation, FL 33317-2204 954/583-2116 TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION P otograp s o Subject t e Property 1 1-3-5 Mile Location Map 4 1-3-5 Mile Summary of Demographic Statistics Summary Important Facts Conclusions 5 7 of and DESCRIPTIONS ANALYSES & CONCLUSIONS I entity ot Client and Intended User 8 Intended Use 8 Identification of Real Estate Appraised 8 Ownership 8 Property Address and Legal Description 9 Real Estate Tax Analysis 9 Market Area Description 10 Zoning 14 Site Description 15 Building Description 16 Real Property Interest Appraised 17 Appraisal Purpose and Definition of Market Value 17 Effective Dates of the Appraisal and Report 19 Scope of the Work 19 Summary of Information Considered 19 Property History 20 Highest and Best Use 21 SALES COMPARISON APPROACH Improved Sales Location Map 25 Improved Sales Documentation 26 Improved Sales Comparison & Adjustment Charts 32 Valuation by Sales Comparison 34 FINAL VALUE OPINION 38 Certification and Limiting Conditions 40 ADDENDA cquc u�iring Deed Building sketch Copy of "R-2" Zoning Ordinance USPAP Standards Rule 2-2a Qualifications of the Appraisers INTRODUCTION Looking North @ Subject Building Manager's Office Records and Work Area Pantry & Kitchen Area III NE View of Subject Building One of Two Restrooms 2°d Restroom Kitchen PHOTOS OF COMMUNITY CARING CENTER OF BOYNTON BEACH 145 NE 4th Avenue Boynton Beach, Florida 1 Looking North on NE lst Street Looking South on NE lst Street Looking West on NE 4`" Avenue AREASTREETSCENES W W w � U �� z Wo x� az o �' zo �� 1-3-5 MILE RADII FROM THE VALUED PROPERTIES Northeast Boynton Beach, Florida BBCRA NE Boynton Beach, FL Northeast Boynton Beach, Florida, 33435 Rings: 1, 3, 5 mile radii VANCE REAL ESTATE SERVICE �.� v In the identified area, the current year population is 185,121. In 2010, the Census count in the area was 174,990. The rate of change since 2010 was 0.90% annually. The five-year projection for the population in the area is 195,736 representing a change of 1.12% annually from 2016 to 2021. Currently, the population is 47.8% male and 52.2% female. The median age in this area is 40.8, compared to U.S. median age of 38.0. 1 mile 3 miles 5 miles Population 5,356 33,259 75,471 2000 Population 13,800 68,710 157,267 2010 Population 14,045 77,375 174,990 2016 Population 16,070 83,634 185,121 2021 Population 17,650 89,253 195,736 2000-2010 Annual Rate 0.18% 1.19% 1.07% 2010-2016 Annual Rate 2.18% 1.25% 0.90% 2016-2021 Annual Rate 1.89% 1.31% 1.12% 2016 Male Population 49.1% 47.8% 47.8% 2016 Female Population 50.9% 52.2% 52.2% 2016 Median Age 40.8 43.7 46.3 In the identified area, the current year population is 185,121. In 2010, the Census count in the area was 174,990. The rate of change since 2010 was 0.90% annually. The five-year projection for the population in the area is 195,736 representing a change of 1.12% annually from 2016 to 2021. Currently, the population is 47.8% male and 52.2% female. The median age in this area is 40.8, compared to U.S. median age of 38.0. 5,207 30,020 68,914 Race and (Ethnicity 5,356 33,259 75,471 2016 White Alone 45.8% 61.5% 66.0% 2016 Black Alone 47.4% 30.2% 25.3% 2016 American Indian/Alaska Native Alone 0.4% 0.3% 0.3% 2016 Asian Alone 1.0% 1.9% 2.2% 2016 Pacific Islander Alone 0.0% 0.0% 0.0% 2016 Other Race 2.9% 3.4% 3.6% 2016 Two or More Races 2.5% 2.6% 2.5% 2016 Hispanic Origin (Any Race) 13.3% 16.3% 16.8% Persons of Hispanic origin represent 16.8% of the population in the identified area compared to 17.9% of the U.S. population. Persons of Hispanic Origin may be of any race. The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 64.0 in the identified area, compared to 63.5 for the U.S. as a whole. 2000 Households 5,207 30,020 68,914 2010 Households 5,356 33,259 75,471 2016 Total Households 6,211 35,714 79,058 2021 Total Households 6,850 38,009 83,232 2000-2010 Annual Rate 0.28% 1.03% 0.91% 2010-2016 Annual Rate 2.40% 1.15% 0.75% 2016-2021 Annual Rate 1.98% 1.25% 1.03% 2016 Average Household Size 2.58 2.31 2.32 The household count in this area has changed from 75,471 in 2010 to 79,058 in the current year, a change of 0.75% annually. The five-year projection of households is 83,232, a change of 1.03% annually from the current year total. Average household size is currently 2.32, compared to 2.30 in the year 2010. The number of families in the current year is 45,525 in the specified area. Data Note: Income is expressed in current dollars Source: U.S. Census Bureau, Census 2010 Summary File 1. Esri forecasts for 2016 and 2021. Esri converted Census 2000 data into 2010 geography. April 08, 2017 5 BBCRA NE Boynton Beach, FL Northeast Boynton Beach, Florida, 33435 Rings: 1, 3, 5 mile radii VANCE REAL ESTATE SERVICE �.� v Current average household income is $71,654 in this area, compared to $77,008 for all U.S. households. Average household income is projected to be $79,122 in five years, compared to $84,021 for all U.S. 1 mile 3 miles 5 miles Median Household Income per capita income of $29,472. The per capita income is projected to 2016 Median Household Income $42,061 $46,430 $49,346 2021 Median Household Income $49,315 $53,381 $55,795 2016-2021 Annual Rate 3.23% 2.83% 2.49% Average Household Income 3,454 21,664 52,201 2016 Average Household Income $64,135 $66,632 $71,654 2021 Average Household Income $70,578 $73,296 $79,122 2016-2021 Annual Rate 1.93% 1.92% 2.00% Per Capita Income 3,238 21,488 52,992 2016 Per Capita Income $25,631 $29,121 $30,972 2021 Per Capita Income $28,286 $31,864 $33,991 2016-2021 Annual Rate 1.99% 1.82% 1.88% Households by Income 3,244 20,817 51,133 Current median household income is $49,346 in the area, compared to $54,149 for all U.S. households. Median household income is 14,897 projected to be $55,795 in five years, compared to $59,476 for all U.S. households 2,066 9,636 Current average household income is $71,654 in this area, compared to $77,008 for all U.S. households. Average household income is projected to be $79,122 in five years, compared to $84,021 for all U.S. households Current per capita income is $30,972 in the area, compared to the U.S. per capita income of $29,472. The per capita income is projected to be $33,991 in five years, compared to $32,025 for all U.S. households Housing 2000 Total Housing Units 6,293 36,152 82,157 2000 Owner Occupied Housing Units 3,454 21,664 52,201 2000 Renter Occupied Housing Units 1,753 8,356 16,713 2000 Vacant Housing Units 1,086 6,132 13,243 2010 Total Housing Units 7,159 42,454 93,882 2010 Owner Occupied Housing Units 3,238 21,488 52,992 2010 Renter Occupied Housing Units 2,118 11,771 22,479 2010 Vacant Housing Units 1,803 9,195 18,411 2016 Total Housing Units 8,277 45,350 98,524 2016 Owner Occupied Housing Units 3,244 20,817 51,133 2016 Renter Occupied Housing Units 2,967 14,897 27,925 2016 Vacant Housing Units 2,066 9,636 19,466 2021 Total Housing Units 9,050 47,801 103,264 2021 Owner Occupied Housing Units 3,457 21,765 53,197 2021 Renter Occupied Housing Units 3,393 16,245 30,035 2021 Vacant Housing Units 2,200 9,792 20,032 Currently, 51.9% of the 98,524 housing units in the area are owner occupied; 28.3%, renter occupied; and 19.8% are vacant. Currently, in the U.S., 55.4% of the housing units in the area are owner occupied; 32.9% are renter occupied; and 11.7% are vacant. In 2010, there were 93,882 housing units in the area - 56.4% owner occupied, 23.9% renter occupied, and 19.6% vacant. The annual rate of change in housing units since 2010 is 2.17%. Median home value in the area is $191,036, compared to a median home value of $198,891 for the U.S. In five years, median value is projected to change by 3.14% annually to $223,019. Data Note: Income is expressed in current dollars Source: U.S. Census Bureau, Census 2010 Summary File 1. Esri forecasts for 2016 and 2021. Esri converted Census 2000 data into 2010 geography. April 08, 2017 0 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Community Caring Center of Boynton Beach 145 Northeast 4 Avenue Boynton Beach, FL 33435 OWNERSHIP: Community Caring Center of Boynton Beach, Inc. P O Box 100 Boynton Beach, FL 33425 LAND AREA: 7,500 square feet IMPROVEMENTS: Originally constructed as a two dwelling residential property, later remodeled to offices and food pantry, containing at total of 1,554 square feet of building area, constructed in 1955. Units formerly consisted of two bedrooms and one bathroom. Average unit size was 777 square feet. ZONING: APPRAISAL PURPOSE: INTEREST APPRAISED: CURRENT USE: HIGHEST AND BEST USE: "R-2", Single and two-family residential district in the city of Boynton Beach To develop an opinion of market value Fee simple Offices and food pantry As vacant: Single residence or two dwelling residence As improved: Conversion back to two dwelling units VALUE BY THE SALES COMPARISON APPROACH: ONE HUNDRED SEVENTY-ONE THOUSAND DOLLARS 171 000 VALUATION DATE: April 1, 2017 Exposure Time: 6 months prior to selling at the appraised value 7 DESCRIPTIONS, ANALYSES, CONCLUSIONS APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2016 - 2017) 2-2(a)(i) State the identity of the client and any intended users, by name or type; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of the appraised property. Any other use is not intended. 2-2(a)(iii) Summarize information sufficient to identify the real involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: Community Caring Center of Boynton Beach, Inc. P O Box 100 Boynton Beach, FL 33425 Property Address: 145 Northeast 4 Avenue Boynton Beach, FL 33435 Legal Description: The south 75 feet of Lot 1, Block 3, SHEPARD ADDITION OF BOYNTON, Plat Book 2, page 59, Palm Beach County, FL Census Tract No. 61 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Real Estate Tax: Parcel Control Number: 08 43 45 2129 003 0014 Land Value: $22,932 Improvement Value: 75,002 Total Value: $97,934 Assessed Value: $88,209 Exemption Amount: $88,209 Ad Valorem Tax: $ -0- Non Ad Valorem Tax: $ 394 Total Tax: $ 394 This property is exempt from ad valorem taxation because it is owned by a charitable organization. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. In Florida, the taxable (assessed) value for non - homesteaded properties can be increased to a maximum of 10% per year, from tax year 2009 going forward, based on a constitutional amendment voted on by the electorate of the state. There are some exceptions which relate to school taxing districts. However, the millage of the city can increase; thus, real estate taxes can continue to increase from year to year. The 10% per year increase cap accounts for the difference between the Total Value of the appraised property and the Assessed Value. 9 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern -central Palm Beach County. Population of the city is about 72,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Others which were constructed in the early 1920's are still in use with repairs and replacements over the decades. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. One of the districts in the CRA is the immediate subject market area known as the Heart of Boynton (HOB), containing 380 acres. This area is the historic, older part of the CRA, with the following boundaries: Boynton Beach Canal (C-16) on the north, Florida East Coast (FEC) Railroad on the east, Interstate 95 on the west, and jagged line a few blocks north of Boynton Beach Boulevard as the south boundary, at about NE 3 Avenue. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the city as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. 10 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Boynton Beach Boulevard is the principal east -west artery in the subject market area, having an interchange with Interstate 95 on the west side of the neighborhood. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. Two miles east of State Road 7, it has an interchange with Florida's Turnpike. Boynton Beach Boulevard commences on the east at U S Highway 1, just to the east of the FEC Railroad. U S Highway 1 is the main north -south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Seacrest Boulevard is a main north -south artery through the City of Boynton Beach and south into Delray Beach. Martin Luther King, Jr. Boulevard is an east -west thoroughfare through the Heart of Boynton. The immediate subject market area is easily accessible by main roads and Interstate 95. Property types in the Heart of Boynton are smaller commercial establishments along the main roads, light industrial close to the FEC Railroad, municipal facilities, single family residential, small multi -family dwellings, a few apartment buildings and places of worship. As mentioned, some structures date back to the 1920's, but most which are still usable were built in the mid -twentieth century. Municipal facilities in the immediate subject market area include parks, two elementary schools and a community center. Recent projects implemented in the Heart of Boynton are: • Seacrest Boulevard Streetscape • Carolyn Sims Center • Ocean Breeze West - 21 homes joint venture with Habitat for Humanity • Construction of single family residences on Martin Luther King, Jr. Boulevard 11 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Future projects are: • Revitalization of Martin Luther King, Jr. Boulevard and surroundings • Redevelopment of the Public Works site • Establishment of mixed use districts of residential and commercial • Expansion of light industrial near the FEC Railroad • Widening and extension of NW 11 Avenue, west of Seacrest Boulevard. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2016 in the one -mile radius is $42,061, for three miles it is $46,430, and $49,346 for the five mile circle. All are lower than the median household income for Palm Beach County of $54,400, and the east part of the circles include the residents all the way to the Atlantic Ocean. In the one -mile circle, population is 16,070. In three miles, population increases to 83,634; at five miles, it is 185,121. However, about one-third of the three and five mile circles are over the Atlantic Ocean. Annual growth rate is anticipated to be 1.12% to 1.89% in the three circles during the next five years as the economy and job market improves in South Florida, and new multi -family residential complexes are constructed. 52% of the housing units are owner occupied, with 29% rented. The percentage of renters is higher in this market because many of the single family houses are owned by investors who purchased them after the economic crash in 2008. Vacancy is reported to be 19%; however, this amount is high due to the undercount of the other two categories. Median home value in the five -mile area is $191,036, including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $198,891 in the United States. The life cycle stage of the market area is stability, a period of equilibrium without marked gains or losses, after a period of decline. 12 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) The purpose of the Heart of Boynton Community Redevelopment Plan is to revitalize the market area with new housing options and business opportunities. There are examples of new houses along Martin Luther King, Jr. Boulevard, with more planned in the immediate vicinity. Economic Trends During 2005-2006, the subject market area was experiencing a rise in property prices due primarily to the availability of financing with adjustable rate mortgages. Interest rates adjusted upward, but rental rates of multi -family properties did not. For single family residences, interest rates on mortgages adjusted upward, but homeowners' incomes did not increase. Scenarios were the same for many property types, all with the same result of owners' inability to make the payments and mortgages foreclosed. This situation was exacerbated by the economic crash in late 2008, followed by the Great Recession. The foreclosure cycle appears to be near the end. Currently, sales are between individuals or investors who previously purchased the properties from foreclosing lenders and private parties who will reside in the properties or hold them in their investment portfolios. Third party lenders are providing financing to investors and residents, at high loan to price ratios. Sale prices for single-family residences in the subject market area and close vicinity are in the range of $85,000 to $180,000, depending on building size, age and condition. Price range for multi -family dwellings are from about $50,000 to $100,000 per unit based on the same factors. Land unit prices are from about $4.00 to $7.00 per square foot. Family Dollar Store is an addition to the subject market area; it consists of an 8,100 square foot commercial building at the southeast corner of the signalized intersection of Martin Luther King, Jr. Boulevard and North Seacrest Boulevard. More revitalization in the CRA is taking place along US Highway 1, in the southern part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, with 341 residential units, 13,500 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel room and 439 parking spaces. 13 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Conclusion The immediate subject market area of the Heart of Boynton (HOB) has the components of an appealing neighborhood with schools, parks and recreation. HOB is easily accessible by main roads and Interstate 95. Goods and services are nearby on Boynton Beach Boulevard and U S Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, Heart of Boynton Community Redevelopment Plan can continue to succeed in revitalizing the area. Land Use: Current land use is Medium Density Residential, maximum density 9.58 dwelling units per acre Recommended Land Use is High Density Residential, with a density of 11 dwelling units per acre in multi -story structures. Greater density increases the production of the land. Zoning: "R-2", Single and Two-family Residential District with the purpose to implement the medium density residential future land use map classification of the comprehensive plan. The intent of the district is to stabilize and protect existing residential neighborhoods with density no greater than 10 dwelling units per acre, and allow limited types of non-residential uses. Minimum lot area is 4,500 square feet per unit for a duplex; minimum lot frontage is 75 feet. However, there is a provision for a site with two lots platted prior to the enacting of the current zoning regulation to be improved with a duplex. Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the "R-1", Single Family District. Excerpts from the zoning codes are in the Addenda. 14 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) The appraised site is a portion of one lot platted prior to the current zoning code. Lot frontage is 75 feet, but size of 7,500 square feet. The "R-2" code specifies 4,500 square feet x 2 = 9,000 square feet to be able to be improved with a duplex. The other provision to permit a duplex is for there to be two platted lots. The subject site does not even contain one platted lot, which is required for a single family dwelling. The site under appraisement appears to be a non -conforming use. Determination of use and non -conformities of the site are made by Boynton Beach City officials. Parking: Two parking spaces are required for apartments with two or more bedrooms. Thus, four parking spaces would be required for the subject if it were converted back to dwelling units. There seems to be adequate land to comply with this requirement. Platting: The appraised land consists of a portion on a platted lot. Site Description: The shape of the site is rectangular. Approximate dimensions and size are from public records. North boundary on adjacent property: 100 feet East boundary on NE 1 Street: 75 feet South boundary NE 4 Avenue: 100 feet West boundary on adjacent property: 75 feet Total: 7,500 square feet or 0.1723 of an acre Utilities: All utilities are available to the site. 15 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Access: The site is accessible via NE 1 Street and NE 4 Avenue, both two laned, local roads with streetlights, but no sidewalks. Easements: Easements are not noted on original plat. If they exist, utility easements would be most probably be around the perimeter of the lot. Encroachments: There is no sketch of survey to review to note if there are encroachments. Improvement Description: The appraised improvement was initially constructed as a one-story, two dwelling residence containing 1,554 square feet of enclosed area in 1955. Building sketch is in the Addenda. The current owner purchased the property in 2000, then converted the duplex into offices and a food pantry. Demising wall between the dwellings was removed, along with room partitions. The appraisers did view the interior of the building which is divided into the following areas: reception, offices, work area, two bathrooms and a food pantry. Construction details are: Historical Age: 62 years Condition: Above average Foundation: Reinforced concrete slab over concrete footings Exterior Walls: Concrete block with concrete columns and tie beams; exterior finish is painted stucco 16 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Floors: Smooth concrete covered with terrazzo Interior Walls: Drywall over metal studs Roof System: Hip roof covered with tile Windows: Newer, storm impact single hung windows HVAC: Central system for cooling and heating Plumbing: Two bathrooms, one kitchen Site Improvements: Asphaltic paving for car storage, wood fence, porches, storage, sod, shrubs and trees Environmental Assessment: No assessment was available for review. 2-2(a)(iv) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 2-2(a)(v) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of April 1, 2017. 17 APPRAISAL REPORT (continued) MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories: 1. the relationship, knowledge, and inotivation of the parties (i.e., seller and buyer); 2. the terns of sale (e.g., cash, cash equivalent, or other terns); and 3. the conditions of sale (e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. 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. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated December, 2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & L!Yht Co., v. denninss, 518 So.2d 895 (Fla. 1987)] APPRAISAL REPORT (continued) 2-2(a)(vi) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: April 1, 2017 B) Date of the Report: April 1, 2017 2-2(a)(vii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraiser inspected the property and photographed it. A thorough investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting improved sales and rentals. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including the multiple listing service, Palm Beach County Appraiser's records, the public records, and data from the appraiser's plant. For Sales Comparison Approach, improved sales are compared to each other and to the property under appraisement. Rentals rates of properties which are similar to the subject are reviewed to ascertain market rent for the units. The value opinions by the various techniques of the Sales Comparison Approach are reconciled into a final value. 2-2(a)(viii) Summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinions, and conclusions is explained in the valuation section. The Cost Approach is not used because of the age of the improvement. The Income Approach is not employed because owners of such properties typically do not manage the operations in a way which could be applied to a traditional Income Approach. Exclusion of these approaches to value still produces a creditable report. However, valuation by Gross Income Multiplier is included in the Sales Comparison Approach 19 APPRAISAL REPORT (continued) SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; and There are no known agreements for sale, options or listings of the appraised property as of the effective date of the appraisal. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. The appraised property was acquired by warranty deed on October 5, 2000 for $65,400. It appears to be have been an arm's length transaction. A copy of the deed is in the Addenda. 2-2(a)(ix) State the use of the real estate existing as of the date of value, and the use of the real estate or personal property reflected in the appraisal; The use of the real estate on the date of valuation is a former two dwelling residential property converted to offices and food pantry for a charitable organization. This configuration makes it a limited -market property, one for which there are few potential buyers. Zoning does not permit office use in the "R-2" district. The small size of the building precludes it from being converted to another non-residential use such as a church or school. The highest and best use for the property as improved is to adapt it back to residential use of two dwellings, if possible. Therefore, it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(x) When an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, the site has been supporting a residential structure since the 1950s. The land is level and filled to street grade. 20 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Land size is approximately 7,500 square feet and rectangular in shape. All utilities are available to the site. The site is accessible via NE 1 Street and NE 4 Avenue. Physical constraint to develop the site is its size which governs the number of potential improvements which can be placed on it. Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Land use designation is medium density residential, maximum density of 9.58 dwelling units per acre. Zoning is "R-2", Single family and Two-family Residential District in the City of Boynton Beach. Maximum number of dwelling units per lot in "R-2" district is two if the lot size meets current code. There is another zoning provision permitting two dwellings to be constructed if there are two lots platted prior to the current code. However, the subject site is only part of one platted lot and appears to be a legal non -conformity in the "R-2" district. The site has the potential of legally being improved with two dwelling units, with the alternative of single family use. Boynton Beach officials make the decisions as to the number of units which could be constructed on the parcel. The Boynton Beach CRA future land use plan for the appraised land and surrounding blocks is for High Density Residential of 11 dwelling units per acre. A land use change is required for the implementation of such a future plan. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. The immediate subject market area has been improved with single-family residences and small multi- family dwellings for almost 100 years. Residences come to the end of their economic lives, improvements are razed and the sites are redeveloped with modern structures. There are examples of this cycle throughout the subject market area. 21 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT New redevelopment projects in the subject vicinity are Ocean Breeze West with 21 homes, Eastview Park with market rate houses ranging from $255,000 to $300,000 constructed by D R Horton, and four new houses on West Martin Luther King, Jr. Boulevard sold from $166,000 to $195,000. The four houses are the result of the work of the Boynton Beach CRA and Boynton Beach Faith -Based Community Development Corporation. Although, the subject site might be able to be improved with two dwelling units, there are no new duplexes being constructed in the subject market area. The existing duplexes date back to the 1950s and 1960s, with small, functionally obsolete units. Single family homeownership is encouraged to build the community with permanent residents rather than populate it with transient occupants. As mentioned, community organizations are constructing single family homes and selling them to people who will reside there. Financial assistance to the buyers is facilitating this plan. Financially feasible use of the subject site is to improve it with two residential units of as large a size as can meet the zoning standards. The most probably buyer would be a local investor familiar with the subject market area. Instead, the land could be improved with a single family residence which would better fit the community redevelopment plans of the neighborhood. The most likely buyer would be a community agency which would construct the single family residence then sell the land and house to an end-user. Maximally Productive as Vacant In summary, the current Highest and Best Use of the property appraised as vacant is for a two dwelling residence. Such uses would be physically possible, probably legally permissible, financially feasible and maximally productive. Otherwise, the site would most probably be permitted to be improved with a single family residence. HIGHEST AND BEST USE OF THE PROPERTY AS IMPROVED Physically Possible Improved The improvement appraised was a two dwelling residence constructed in 1955. It was upgraded and converted to offices and food pantry after 2000. 22 HIGHEST AND BEST USE OF THE PROPERTY AS IMPROVED The condition of the property is superior to others in the immediate subject market area. It is physically possible to convert the structure back to two dwelling units. If necessary or desired, demolition is physically possible. Legally Permissible Improved A two dwelling residence appears to be legally permissible. There is sufficient space to have car storage for four vehicles on site with the removal of wood fencing and shrubs. Financially Feasible Improved There is an active market for two dwelling residences in the subject market area in the price range of the appraised value. Exposure time to the market for these properties is short, typically a few weeks. Although, most of the sales are in cash, third party lenders are taking high loan to price mortgages on them. The appraised property is in better than average condition in its current arrangement. However, it has a limited -market of potential buyers/ tenants who would have to be other charitable organizations. Business occupants would not be permitted to operate in the "R-2" district. Financially feasible use of the property is a two dwelling residence for it to be marketable to buyers or tenants. Calculation of the costs to make the conversion is beyond the scope to this appraisal. However, the basic structure is in adequate condition to make the changes possible. Each side of the building has a full bathroom and separate entrances. Financial feasibility of the property is to revert to two dwellings, then maintain them through repairs to the end of the structure's useful life. Maximally Productive Improved The maximally productive use of the property as improved is to remodel it to two dwelling residence, which use is physically possible, probably legally permissible, financially feasible, and maximally productive. 23 APPRAISAL REPORT (continued) 2-2(a)(xi) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a)(xii) Include a signed certification in accordance with Standards Rule 2-3 See signed certification in report. 24 SALES COMPARISON APPROACH 25 Multifamily Sale 1: 522 NW 11 Avenue Multifamily Sale 3: 211 NW 7 Court S�S Multifamily Sale 2: 211 SE 4 Avenue Multifamily Sale 4: 229 NW 1 Avenue Multifamily Sale 5: 525 NE 2 Street PHOTOS OF MULTIFAMILY BUILDING SALES 26 MULTI -FAMILY BUILDING SALES SALE NO. LEGAL DESCRIPTION RECORDED GRANTOR GRANTEE DATE OF SALE LOCATION ZONING SALE PRICE PROPERTY DESCRIPTION UNITS OF COMPARISON FOLIO NUMBER CONDITIONS OF SALE CONFIRMATION COMMENTS I Lots 289 and 290, CHERRY HILLS, Plat Book 4, page 58 Palm Beach County Public Records. O.R. Book 28623, Page 638 of Palm Beach County Public Records Ring Holdings, LLC J & T Florida Investments, LLC September 26, 2016 522 NW 11 Avenue Boynton Beach, Florida "R-2", Single and two-family residential district $115,000 One-story CBS, duplex, constructed in 1973 containing 1,600 square feet of enclosed building area. The building consists one (2/1) unit rented at $650 per month and one (2/1) unit rented at $900 per month. Land size is 5,088 square feet. $71.88 per square foot of building, including land $57,500 per Unit 800 sq.ft. average unit size 6.18 Gross Income Multiplier 3.18:1 Land to Building Ratio 08-43-45-21-14-000-2890 Cash sale. Arm's length transaction. Ronen Rubin, broker for grantor This property is listed for sale again at $159,000, with a note that the duplex needs work. 27 MULTI -FAMILY BUILDING SALES SALE NO. 2 LEGAL DESCRIPTION The east 10 feet of Lot 13 and all of Lot 14, Block 6, BOWERS PARK, Plat Book 11, page 57, Palm Beach County Public Records RECORDED O.R. Book 28438, Page 661 of Palm Beach County Public Records GRANTOR Christopher J. Brebbia GRANTEE Harvest Home Fund, LLC DATE OF SALE June 28, 2016 LOCATION 211 SE 4 Avenue Boynton Beach, Florida ZONING "RI -A", Single family residential district SALE PRICE $115,000 PROPERTY DESCRIPTION One-story CBS, duplex, constructed in 1964 containing 1,276 square feet of enclosed building area. The building consists 2(1/1) units with rents averaging $750 per month. Land size is 7,405 square feet. UNITS OF COMPARISON $90.13 per square foot of building, including land $57,500 per Unit 638 sq.ft. average unit size 6.39 Gross Income Multiplier 5.80:1 Land to Building Ratio FOLIO NUMBER 08-43-45-28-12-006-0131 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION David Walsh, listing broker COMMENTS Central air conditioning. Recently painted. Newer roof. MULTI -FAMILY BUILDING SALES SALE NO. 3 LEGAL DESCRIPTION Lot 169, Block "C", BOYNTON HILLS, Plat Book 4, page 51, Palm Beach County Public Records RECORDED O.R. Book 28646, Page 1894 of Palm Beach County Public Records GRANTOR Terrence Pereira, et al GRANTEE Estrella LLC DATE OF SALE October 17, 2016 LOCATION 211 NW 7 Court Boynton Beach, Florida ZONING "R-2", Single and two-family residential district SALE PRICE $158,000 PROPERTY DESCRIPTION One-story CBS, duplex, constructed in 1959 containing 1,392 square feet of enclosed building area. The building consists 2(2/1) units with rents averaging $800 per month. Land size is 4,930 square feet. UNITS OF COMPARISON $113.51 per square foot of building, including land $79,000 per Unit 696 sq.ft. average unit size 8.23 Gross Income Multiplier 3.54:1 Land to Building Ratio FOLIO NUMBER 08-43-45-21-07-003-1690 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION Michael Korman, listing broker COMMENTS The property is reportedly in average condition. 29 MULTI -FAMILY BUILDING SALES SALE NO. 4 LEGAL DESCRIPTION South 75 of Lots 17 and 18 and the South 75 of the west half of Lot 19, Block 3, BOYNTON HEIGHTS REVISED, Plat Book 10, page 64, Palm Beach County Public Records. RECORDED O.R. Book 28560, Page 535 of Palm Beach County Public Records GRANTOR GRANTEE Todd Christensen Gregg Friedman DATE OF SALE August 26, 2016 LOCATION 229 NW 1 Avenue Boynton Beach, Florida ZONING "R -IA", Single family residential district SALE PRICE $144,500 PROPERTY DESCRIPTION One-story CBS duplex, constructed in 1955 containing 1,050 square feet of enclosed building area. The building consists 2(1/1) units with rents averaging $700 per month. Land size is 4,792 square feet. UNITS OF COMPARISON $137.14 per square foot of building, including land $72,250 per Unit 525 sq.ft. average unit size 8.60 Gross Income Multiplier 4.56:1 Land to Building Ratio FOLIO NUMBER 08-43-45-28-10-003-0171 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION Jerilyn Walter, listing agent COMMENTS Reportedly, the property was in average condition at the time of sale. It is located between Boynton Beach Boulevard and Ocean Avenue. 30 MULTI -FAMILY BUILDING SALES SALE NO. 5 LEGAL DESCRIPTION Lots 78 and 80, less the west 25 feet for road, C W COPP'S ADDITION TO BOYNTON, Plat Book 7, page 56, Palm Beach County Public Records. RECORDED O.R. Book 28974, Page 1287 of Palm Beach County Public Records GRANTOR GSAMP Trust 2005-WMC2 GRANTEE Duckens Aristilde DATE OF SALE March 28, 2017 LOCATION 525 NE 2 Street Boynton Beach, Florida ZONING "R-2", Single and two-family residential district SALE PRICE $155,364 PROPERTY DESCRIPTION One-story CBS duplex, constructed in 1955 containing 1,876 square feet of enclosed building area. The building consists 2(2/2) units. Land size is 6,621 square feet. UNITS OF COMPARISON $82.82 per square foot of building, including land $77,682 per Unit 938 sq.ft. average unit size 3.53:1 Land to Building Ratio FOLIO NUMBER 08-43-45-21-05-000-0780 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMATION Todd Faber, attorney for grantor COMMENTS The property sold in this transaction is the appraised property. Deutsche Bank acquired title in December, 2015 to this property by foreclosure of a mortgage which financed a prior purchase. A representative of the bank was the grantor of the most recent sale. The property was unoccupied and in fair condition when recently sold. As of the writing of this report, no notice of commencement was recorded to renovate the property. 31 i 0 wo Fly Ly" 00 00 i .� � 69 69 ff3 69 69 y O O O O N v) 00 i 69 69 69 69 69 s. " ~ 00 41 M O i i E p M N O �► Lw" ~ �O �O 00 00 Ti V� ..moi ety y N o N 00 N c N M N 00 • L" y„ „N O M d, N M bA i 00 Ol r-- 00 00 o N o wN00 o w� c� 77 A N N v') v') N 00 N O w~ tea -O -00 �M *l i s9 O s9 o s9 -- s9 o s9 0 0 d' 00 N O M O - Okn N O h N� N� N� � eq N 32 F 0 00 �+ a,+ 00� + + d' 0 wo Fly Ly" 00 00 i .c = 69 69 ff3 69 69 O V� i 00 + + V O O O O N 00 i Cd � � 69 69 69 69 69 O � O �I N 0000 N N C, C, v') 77 00 W~ tea, ~moo X00 �M ,� ri s9 o s9 o s9 -- s9 o s9 0 0 d' z ; o w 00 N O M O - W� N O h kn kn N 33 SALES COMPARISON APPROACH OVERVIEW In the Sales Comparison Approach, the appraiser compares the appraised property to sales of similar properties. This approach to value simulates the actions and attitudes of typical buyers and sellers in the market. The approach is based on the Principle of Substitution that affirms the maximum value of a property is set by the cost of acquisition of an equally desirable and valuable substitute property, assuming no costly delays in making the substitution. The steps of this approach are: 1) Collect information of recent sales of properties most similar to the property being appraised. 2) Verify the sales information from the best available sources. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Adjust the sales to the subject using the significant, market -derived units of comparison. 5) Reconcile value indications from the comparisons into a value opinion by this approach. For the value opinion by this approach to be meaningful, there must be an adequate number of sales of similar properties for comparison to the subject. Data acquired in the Sales Comparison Approach such as rental amounts, vacancy factors, and expense ratios, are used in the Income Approach. A reliable Sales Comparison Approach sets a strong foundation for the entire value process. The property appraised was built as two residential units, later converted to offices and food pantry. Location is 145 NE 4 Avenue, Boynton Beach, containing 1,554 square feet of enclosed area, constructed in 1955. Land size is approximately 7,500 square feet; zoning is "R-2", Single and Two-family residential district. A search was conducted to find sales of facilities similar to the subject in residentially zoned neighborhoods; none were found. The highest and best use of the property as improved is to reconfigure it back to two dwelling units. As mentioned, condition of the building is above average and superior to other properties in the neighborhood. There would be costs to make the alterations; however, a buyer would take into consideration the better condition of the subject structure when considering a purchase price. Therefore, recent sales of duplexes are compared to the subject in developing an opinion of value for the property. UNITS OF COMPARISON Units of comparison are components into which a property may be divided for comparison. The purpose of using units of comparison is to relate sales of similar properties to the property being appraised on the basis of significant measures such as price per square foot, price per cubic foot, et cetera. The appropriate units of comparison come from the market. For the property appraised and the comparable sales, the pertinent units are: sale price per square foot of building, including land, sale price per unit and Gross Income Multiplier, GIM (sale price/ gross income). Continued 34 SALES COMPARISON APPROACH (Continued) ELEMENTS OF COMPARISON Elements of comparison are the characteristics ofproperties and transactions that cause the prices paid for real estate to vary. The Appraisal of Real Estate continues by stating that there are ten basic elements of comparison that should be considered in sales comparison analysis. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale, expenditures made immediately after purchase and market conditions. The second group is property elements consisting of location, physical characteristics, economic characteristics, use, and non -realty components of value. Each is hereafter addressed. Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at, below, or above market rent. When a property is sold without leases, its value is normally based on the market rent that it can command and the financing that could be obtained. The improved sales are rented to tenants on a short term basis of one year or less. The property interest conveyed in improved sales is fee simple, the same interest appraised for the subject. No numerical adjustment is warranted for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. The reverse is also a possibility in which lower sale prices result from above market financing. If financing affected the price paid, a cash equivalency adjustment is warranted. All of the improved sales were cash transactions, thus avoiding scrutiny of the properties by third parties. Since there were no financing terms to review, no adjustment is made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. (Continued) 35 SALES COMPARISON APPROACH (Continued) Improved Sale 5 is the resale of the property after the foreclosure of a mortgage which financed a prior transaction. This property was exposed to the open market for a reasonable period of time. With few two dwelling properties on the market for sale, the grantor of No. 5 seems to have been able to obtain a price which is in-line with other non -distressed transferred. Conditions of sale for the comparable properties were typical for the market; hence, no adjustments made. Expenditures Made Immediately After Purchase No major expenditures were made to the sales immediately after purchase. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Improved Sales 1, 2, 3, and 4 closed in 2016. There is an upward price trend in the market due to a strong economy and greater demand than supply of housing in the lower economic category. To recognize the change in market conditions in the past year, the unit prices for Improved Sales 1, 2, 3 and 4 are each adjusted upward 5%, with the result shown on the adjustment chart. Sale 5 is a very recent transaction, with no adjustment needed. Transactional adjustments were made for market conditions. Now, the improved sales are compared to the subject and to each other for the remaining property elements of comparison for possible adjustments. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, et cetera. Typically, properties in a neighborhood share some of the same location characteristics such as age, condition, and style. However, there may be differences such as corner location, view, and zoning, to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts, zoning and/or land use, and market composition. (Continued) 36 SALES COMPARISON APPROACH (Continued) The improved sales and appraised property are in the central section of the city of Boynton Beach. Zoning district for Improved Sales 1, 3, 5 and the appraised property is "R-2", permitting single and two-family residential, with greater flexibility of use than the "R -IA" single family district of Sales 2 and 4. The locational characteristic of the property concerned would put its unit value in the upper end of the range of the sale unit prices. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes property type, building size, land size, land to building ratio, amount of parking, year of construction, current property condition, functional utility, market appeal, complete build -out of interior space, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. The value added or lost by the presence or absence of a differing item in a comparable property does not usually equal the cost of installing or removing the item. Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the property appraised are presented in the report for analysis and comparison to the subject. The lesser the number of physical differences, the better. The improved sales have building sizes in the range of 1,050 to 1,876 square feet, with the subject mid-range at 1,554 square feet. Correspondingly, the subject unit size would be in the middle of the data set. Owners and renters are looking for larger dwellings to accommodate their families and belongings. The lot size of the subject of 7,500 square foot is at the upper end of the range of the sales. The combination of a larger lot and mid-sized building results in a mid to upper -range land to building ratio, with adequate outside space for parking. However, rental rates are more related to the size of the dwelling rather than to yard space. Dates of construction of the sales are from 1955 to 1973; date for the subject is 1955. As discussed, the exterior and interior of the appraised property was upgraded after the purchase in 2000. The physical characteristics of the appraised property would place its unit value in the upper end of the range of the sale unit prices. Economic Characteristics Economic characteristics of a property include its rental rate, occupancy rate, and expenses; which are the building blocks for the gross income multiplier and overall capitalization rate. Gathering information on the method of leasing, concessions given if any, expenses passed through to the tenants, lease terms, et cetera are important in arriving at the economic units of comparison for the sale. Inclusion of all expenses for the sale property that are incurred by the subject is necessary to arrive at an overall capitalization rate which is relevant to the property in question. (Continued) 37 SALES COMPARISON APPROACH (Continued) Gross income multiplier (sale price/ gross income) is the more reliable economic characteristic for small income properties. Income data can be readily obtained; however, expenses to develop a full income approach culminating in an overall rate are difficult to attain. Monthly rental rates for the sale properties and for units in the immediate neighborhood for two bedroom units are: $700.00, $750.00, $800.00, $850.00 and $900.00. Market rent for the appraised property as dwelling units would be near the upper end of the range at $900.00 per unit per month. $900.00/ month x 2 units x 12 months = $21,600 annual gross income Gross income multipliers (GIM) for the sales are: 6.18, 6.39, 8.23 and 8.60. Improved Sales 3 and 4 with higher sale prices have the higher GIMs. The most appropriate GIM for the appraised property is 8.00. Use For properties to be comparable, they should have similar Highest and Best Uses. All of the improved sales cited in this report and the subject have the same Highest and Best Use as two dwelling residences, with no adjustment necessary. Non -Realty Components of Value Non -realty components of value include personalty, business concerns, or other items that do not constitute real property but are included in the sale price of either the comparable or the subject property. These components should he analyzed separately from the realty. There were no non -realty components of value to consider for the property appraised. FINAL VALUE OPINION Improved Sales 1, 2, 3 and 4 are adjusted upward for the transactional element of comparison of market conditions. The locational characteristics of the appraised property would put it in the upper end of the range of adjusted sale unit prices. The property is in above average condition, and the size of the units is in the middle of the range. These physical characteristics also place the unit value of the subj ect in the upper end of the range. The final value per dwelling unit for the appraised property is $85,000. The overall size of the building places its unit value in middle -upper range of the price per square foot at $110.00. Market gross monthly rent per dwelling would be $900.00 or $21,600 annually for the entire property. The GIM is 8.0. The quantity of the comparable data is sufficient to have an overview of the market for smaller multi -family residential properties in the central -eastern Boynton Beach. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the property under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of April 1, 2017 is as follows. (Continued) al SALES COMPARISON APPROACH (Continued) VALUE BY PRICE/ DWELLING UNIT Two dwelling units x $85,000 per unit = $170,000 VALUE BY PRICE/ SQUARE FOOT 1,554 square feet x $110.00 per square foot of building including land = $171,000 VALUE BY GROSS INCOME MULTIPLIER $21,600 annual gross income x 8 GIM = $173,000 The value opinions by all three units of comparison are close and support each other. Lesser weight is placed on the value by gross income multiplier because of the unknown amount of cost to be spent to ready the property for rental purposes. FINAL VALUE BY THE SALES COMPARISON APPROACH: 171 000 ONE HUNDRED SEVENTY-ONE THOUSAND DOLLARS 39 CERTIFICATION I certify that, to the best of my knowledge and belief, the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475, Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on March 30, 2017. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. April 1, 2017 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State -Certified General Real Estate Appraiser No. RZ-85 April 1, 2017 Claudia Vance, MAI Florida State -Certified General Real Estate Appraiser No. RZ-173 .g CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report, subject to the limiting conditions hereafter cited, are correct to the best of the writers' knowledge. 1. The undersigned have personally visited the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included, the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters, nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple. 4. Legal descriptions and property dimensions have been fimrshed by others; no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication, duplication, or advertising using the writers' names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Improvements, if any, are those noted and reported on the date of inspection. 9. The value or values estimated apply ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present, past or contemplated interest in the subject of this report. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written fiinction of this report without the express written consent of the writers AND client. 12. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conforniity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. The existence of potentially hazardous material used in the construction or maintenance of buildings, such as the presence of urea formaldehyde foam insulation, and/or existence of toxic waste, which may or may not be present on the property, has not been considered. Additionally, soil or sub -soil contamination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B. Vance, Jr. and Claudia Vance were responsible for the analyses, conclusions, and opinions of real estate set forth in this report. (No one else provided significant professional assistance to the report signers). 16. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We 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 would reveal that the property is not in compliance with one or more of the requirements of the act, which could reduce property value. 17. Prospective value estimates are based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events that might alter market conditions upon which market value has been estimated. 18. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 19. The appraiser reserves the right to amend or change this report at any time additional market information is obtained which would significantly affect the value opinion. Jesse B. Vance, Jr., MAI, SRA, ASA State -%Certified General Real Estate Appraiser No. RZ 85 April 1, 2017 Claudia Vance, MAI State -Certified General Real Estate Appraiser No. RZ 173 April 1, 2017 41 ADDENDA RoUnID(esYlueslvik (114 60ShiMped91MMM) w�en�wsr oe►o JLE.CORD - RETURN TO GATEWAY TITLE (t/C 461 n.o•r.a ro ..o•.+o Oct -86-M H. -Ups 00-384068 • Can 65,48L SO Dot: 8 457.88 7 DORMY K MEN, CLERI( P8 COIliiYt FL lagoon en EN1M1111l11Ble -ABSTRACT COMPANY. lXC_ Anna' Ill N. CONGRESS AVENUE BOYXTON BEACH. FLORIDA 33426 �taGTT1-7704 Prot"Aoor4B-s2Fi i�iO3dgitl"I ertsl: Grantee(s) 35 s, I- sna ut .E01 FOUCEUM Oita pM Acne TM Up FOR pm� 01% :rth October 2000 This�fCd rlladr the day of A- D. by !dtOyCasl�110 and Victoria I. Castello. his wife hereinafter call r (tor, to Community Caring Center of Boynton Beach Inc. whose postoffice odd45-147 NE 4th Avenue Boynton Beach, Florida 33438 re is hereinafter called !hr gr (MM s•rr d *{ f.. +f•} xrm. .. eA rn.xr :.rl+idr .11 rb P+n:n rn r6uu.x+.arwl awd �jYJMEl.�,Vj .d ai•.r..—d u.d rM .vn.u+r aN a...N,. d eegeratieml itnessfth. rlmt the `�4for and or rnnsirlrrnliun of thr lam of S 10.00 and other oulualrle cunuiderations, rerrip is hewhy nAmnu•l-Aled_ herehy grnnls. hnr7ains�ALMIs BhAC� rc• miles. releases. conveys and cony to the rtroniee. all that certain land situate in Courtly. Florida. nit: C The South 75 feet of Lot 1, Plat recorded in Plat Book 2 Florida. ,MRH6i 10 restrictirns, reser-'retic-5, tie year 2000 ar:d subsegt:ent year. 3 SHEPARD ADDITION to Boynton according to the 49 of the Public. Records of Palm Beach County. ,g erdinerces, ane .exec ;or Together �' with all the ter+c.nen►:, hereditament tenanres thereto belonging or in anp- mtse appertaining_ To Bout and to Roldr the same in fee simp e f r. And the grantor hereby covenants with said granted tha for is lawfully seised of said Land in fee simple. thnt the grantor has good right and Iourful outhant II and convey said land; that the grantor hereby fully warrants the title to said land and will defe a me against the lawful claims of all persons whomsoever; and that said land is free of all encuntbron ept taxes accruing subsequent to December 31. 99 In IMAM MUM, the said pronto; has signed and se d s resents the day and year lint above written Signed, sealed and delivered in our presence: %-. stello ' st Elrid i» __ reacn. Flarida 3241-- X Victoria I Castello � 1 ,S^R?E47 �dqL%IroE'wlsa —_W;a C0Uk*1 'olrLoS "j-a%S 13 ?icfargoo�instrwmtewasar{noefsr�rQae�wesretlSis .3rd.(a7y OLipb�qf 0000 by pt_da 6 eeS/e'/f 93 anX Z vic�oPi4 T t^asr'e/lo / nfio(ty/tlrsJ niwkaspmdaad % �r �/4 iJlr? st. «:co hS as idtntifeotioa andnAodid fdid cot% mb an oath. My Cis. EVirss A/00 Z Ztp0.3 - a(ottvyitwa6kc i/rdln L..$�usrn4q - Owner Name- COMMUNITY CARING CENTER OF Parcel Control Number: 08-43-45-21-29-003-0014 Location Address: 145 NE 4TH AVE Structural Sketch for Building I Element for Building 1 1. BAS BASE 1300 AREA LIST 2. UNFINISHED 60 STORAGE LIST 3. UNFINISHED 50 STORAGE FEP 4. FINISHED 72 ENCLOSED PORCH FEP FINISHED 5` 72 ENCLOSED PORCH 31 v"%jr- FEP FINISHED 72 ENCLOSED PORCH FEP FINISHED 72 ENCLOSED PORCH Total Square 1554 Footage PATIO 1955 306 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature depending on the feature described. Land Details Land Line # Description, Zoning Units Acres 1. MULTI -FAMILY R2 2 0.1723 E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten (10) dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-2 District Minimum lot area (per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet5 1 Single-family dwellings shall be constructed on lots that are no less than six thousand (6,000) square feet. 2 Pursuant to Section 8.B. below, parcels that have frontage on Martin Luther King Jr. Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front, side interior, and side corner setbacks in accordance with the mixed use -low intensity 1 zoning district (see Section 6.11. below). 3 On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the comer lot shall provide for front yard setbacks along both streets. when two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. 4 A floor area ratio (FAR) up to 0.10 maybe considered for non-residential uses allowed within the R-2 district (see "Use Matrix" — Chapter 3, Article IV, Section 3), pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two (2) stories. D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half (7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: a 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single -story building additions: I Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet Q U x w C NO z z z z o 0 a w tn w w z z C 0 0 N N N kn y o YC a� YC a� O O ry a w w w v, O to O M y Q 00 O O o a� O o tn ^i Q' O O Q' x to z OO � N C kn z Q' O O Q' z z Q' O O Q' z 00z o o ¢ d to z C> 00tn z a� r Cd Cd on v to cd > C6 Q U � o .. 0 �, bye O �i Ow^ U oz 0 0'.2 > U as a o Z w'° z z z z z z z z 00 w w w w z z z z z w w w w z z z z z 00 z z z z z z z z N N N N O U z z z z z z z z O M N r— N O N / Fri O N O kn O to O kn O kn M M O kn O kn 44 O N O by o 0 0 0 0 0 0 0 O kn O O O O O O O N N N <M N A4 o 0 0 0 0 0 0 0 M N -•� N N �n �n �n �n �n M �n �n yr Cd •.Ofir Cd � y bA y s, O cd to to 0-4 AC7 U U U w .. r� r� U rx U ---� EJ Sec. 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 District, R -IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1 A, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1) whole platted lot, platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand (5,000) square feet (irregular, other than rectangle -shaped lots with less than five thousand (5,000) square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. -- N 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50) feet, the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel, provided that the parcel contains at least one (1) whole platted lot. b. A duplex dwelling may be constructed on any parcel, provided that it meets the following requirements: (1) The parcel contains at least two (2) whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120) feet, and the total area is greater than twelve thousand (12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R- I AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1 AA district, without requiring a variance, provided that it meets the following requirements: a. The parcel contains at least one (1) whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet, and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R -IAA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1) parcel or lot, or combination of lots under the same ownership, that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of 3 0 Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use, plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot, parking space requirements shall be computed separately for each principal use, unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together, this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1) building or part of a building, and the floor area of each principal use cannot be clearly delineated, the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction, the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below, there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements, and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces, the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off -Street Spaces for Non -Residential Uses. No fewer than four (4) parking spaces shall be provided for any non-residential use. 3. Location of Off -Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distance, unless the property is located within those areas defined within the adaptive re -use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred (300) feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. I Residential and Lodging Uses I Standard Number of Required Parking Spaces http://www.amlegal.cominxtlgateway.dlllFlorida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Single-family, duplex dwelling, or mobile home: 21 Efficiency or one (1) -bedroom apartment: 1.51,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel & motel units containing one (1) -bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel & motel suite containing two (2) or more bedrooms: 2 per unit Within mixed use high district: 1 per unit Group home (types 1 through 4): 1 per 3 beds Bed & breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi -family dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2, Article II, Section S.B.; however, any driveway expansion (or similar impervious surface) that is equal to or greater than eight hundred (800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway, proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3) or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1) parking space for each guest unit. Newly created parking may be located only in the rear and side yard. http://www.amlegal.cominxtlgateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of 3 4 In addition to the required parking for the residential unit, the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. http://www.amlegal.cominxtlgateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1/8/2015 This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of Uniform Standards of Professional Appraisal Practice (USPAP: 2016-2017) (a) The content of an Appraisal Report must be consistent with the intended use of the appraisal and, at a minimum: (i) state the identity of the client and any intended users, by name or type; (ii) state the intended use of the appraisal; (iii) summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; (iv) state the real property interest appraised; (v) state the type and definition of value and cite the source of the definition; (vi) state the effective date of the appraisal and the date of the report; (vii) summarize the scope of work used to develop the appraisal; (viii) summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; (ix) state the use of the real estate existing as of the date of value and the use of the real estate reflected in the appraisal; (x) when an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion; (xi) clearly and conspicuously: ■ state all extraordinary assumptions and hypothetical conditions; and ■ state that their use might have affected the assignment results; (xii) include a signed certification in accordance with Standards Rule 2-3. Standards Rule 1-5 When the value opinion to be developed is market value, an appraiser must, if such information is available to the appraiser in the normal course of business: (a) analyze all agreements of sale, options, and listings of the subject property current as of the effective date of the appraisal; and (b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. 475.611 Florida Statutes: Definitions. -- (1) As used in this part, the term: (a) "Appraisal" or "appraisal services" means the services provided by certified or licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or "foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser' means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of s. 5.11(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified general appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property. (i) "Certified residential appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. Q) "Department" means the Department of Business and Professional Regulation. Page 1 of 5 Vance Real Estate Service Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran -Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in "SAM" (U.S. Government System for Award Management — DUNS 826494957). Designated appraisers perforin the appraisal work, no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers, we perforin most other real property functions. We also do "Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ DEGREES/ LICENSES & CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS (RE -Urban) 4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE -CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85 (Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO. BK. 91050 REGISTERED VETERAN -OWNED SMALL BUSINESS (CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE (Minority Business Enterprise - MBE) FLORIDA "D.E.P." APPROVED APPRAISER Currently registered in "SAM" (U.S. Governinent System for Award Management). B) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1. U.S. Court of Appeals, Eleventh Circuit 2. U.S. District Court, Southern District of South Florida 3. U.S. District Court, New Jersey 4. U.S. Bankruptcy Court, Southern District of Florida 5. U.S. Bankruptcy Court, District of New Jersey 6. U.S. Bankruptcy Court, Western (Pittsburgh) Division of Pennsylvania 7. Florida Circuit Courts: Broward, Dade, Patin Beach, Lee, Collier, Martin, and Okeechobee Counties 8. Appraiser on landmark eminent domain cases: TESSLER, NESS TRAILER PARK, PATEL, SIMPSON v. FILLICHIO, RUBANO, PALM BEACH COUNTY (FL) vs. COVE CLUB INVESTORS, LTD. C) EXPERIENCE Over thirty-five (35) years appraising and analyzing real property interests in South Florida. Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS & NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF -STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS, etc. Page 2 of 5 D) PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farrn Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH, COLLIER, OKEECHOBEE; BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS; OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT (General Counsel, I.R.S.); U.S. MARSHAL'S SERVICE —U.S. ATTORNEY'S OFFICE CENTRAL DIVISION —U.S. Dept. of Justice; VETERANS ADMINISTRATION E) EDUCATIONAL BACKGROUND - (Partial List) BACHELOR OF ARTS - Earlham College, Richmond, Indiana (1954) MBA (Nova University) - Real Estate Management & Development (National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation (Income) Course 4 (AIREA) - Condemnation Appraising Course 6 (AIREA) - Income Capitalization & Analysis Course 101 (SREA) - Introduction to Appraising Course 201 (SREA) - Income Property Valuation, Theory Course 202 (SREA) - Applied Income Property Valuation Course 301 (SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis, 1978, Virginia Symposium (SREA) - Market Analysis, 1979, Arizona Symposium (SREA) - Market Analysis, 1980, South Carolina Symposium (SREA) - Market Analysis, 1981, Tennessee Symposium (SREA) - Market Analysis, 1982, New Mexico Symposium (SREA) - Market Analysis, 1983, Pennsylvania Symposium (SREA) - Market Analysis, 1984, Georgia Symposium (SREA) - Market Analysis, 1985, Vancouver, B.C. Symposium (SREA) - Market Analysis, 1986, New Jersey Clinic (SREA) - #201 Instructor, 1987, U. of Illinois Clinic (SREA) - #201 Instructor, 1988, Illinois Seminar (SREA) - Professional Practice, 1988, Florida Symposium (SREA) - Market Analysis, 1988, California Symposium (SREA) - Market Analysis, 1989, Minnesota MBA Graduate School Courses: 1990 — 1991 Successfullv completed the followine eraduate school courses - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management"' - "Human Resource Management" - "Real Estate Economics" - "R. E. Finance: Instruments, Institutions & Investment Analysis" - "Urban Infrastructure & Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach (1992/Boston) SEMINAR (AI) - Rates & Ratios (1992/Boston) SEMINAR (AI) - International Appraising (1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial (1993) SEMINAR (AI) - ADA ACT (1993/Reno) SEMINAR (AI) - Hotel Valuation (1993) SEMINAR (AI) - Income Capitalization, Methods (1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation (1994) SEMINAR (AI) - Verifying Market Data (1994) SEMINAR (AI) - Market Studies for Appraisals (1994) SEMINAR (AI) - Florida Appraiser Core Law (USPAP/1994) Page 3 of 5 E)EDUCATIONAL BACKGROUND - (Partial List, continued) SEMINAR (AI) - Limited Appraisals & Reports (USPAP/1994) SEMINAR (AI) - Public Safety & Property Values (1995) SEMINAR (AI) - Outparcel Valuation (1995) SEMINAR (AI) - Computer Technology Video Conference (1995) SEMINAR (AI) - The Internet & the Appraiser (1996) SEMINAR (AI) - Florida Commercial Construction (1996) SEMINAR (AI) - Real Property Rights in Florida (1996) COURSE (AI) - USPAP & Florida Real Estate Core Law (1996) SEMINAR (AI) - Valuation of Trees (199 7) 3 -DAY COURSE - Environmental Permitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/Hazardous Wastes/LenderLiability (1997/Marco Beach. FL) SEMINAR (AI) - Valuation of Transferable Development Rights [TDR's] (1997) COURSE (AI) - Standards of Professional Practice, Part C, 15 hour Course #430 (1997) SEMINAR (AI) - Non -Conforming Uses (1998) SEMINAR (AI) - The Impact of Contamination on Real Estate Value (1998) COURSE (AI) - USPAP & Florida Real Estate Core Law (1998) SEMINAR (AI) - Econometrics/Statistical Valuation Methods (1999) COURSE (AI) - 14 Hour (2 -day) Advanced Spreadsheet Modeling for Valuation Applications SEMINAR (AI) - Globalization of Real Estate/What U.S. Appraisers Need to Know (1999) SEMINAR (AI) - The Role of the Appraiser in Alternative Dispute Resolution (Mediation/Arbitration) (1999) SEMINAR (AI) - Technology Forum Part II/Intermediate (1999) SEMINAR (AI) - Client Satisfaction/Retention/Development (1999) SEMINAR (AI) - Attacking and Defending an Appraisal (1999) SEMINAR (AI) - Federal Appraisal Requirements ("Yellow Book') (2000) SEMINAR (AI) - Regression Analysis in Appraisal Practice: Concepts & Applications (2000) SEMINAR (AI) - Analyzing Income Producing Properties (2000) SEMINAR (ATIF) - 1031 Tax Deferred Exchanges (2000) COURSE (AI) - USPAP & Florida Real Estate Core Law (2000) SEMINAR (AI) - Mediation & Alternate Dispute Resolution Seminar (2001) SEMINAR (AI) - State of the Appraisal Profession (2001) 2 -Day SEMINAR - Eminent Domain, by CLE International, Tampa, Florida (2001) SEMINAR (AI) - Ad Valorem Assessment Process in Florida (2002) SEMINAR (AI) - Role of Real Estate Appraisers in Bankruptcy Proceedings (2002) SEMINAR (AI) - Appraisers & the Gramm -Leach -Bliley Federal Privacy Act (2002) SEMINAR (AI) - How to Appraise the Ugly House (2002) COURSE (AI) - 2 -Day Course #430, Standards of Professional Practice, Part C (2002) SEMINAR (AI) - Market Trends for 2003 (2003) SEMINAR (AI) - Update on Code of Professional Ethics (2003) PANEL (AI) - Moderator "Industry, Consumer & Congressional Views on Predatory Lending" D.C. (2003) SEMINAR (AI) - Florida State Law for Real Estate Appraisers (2003) SEMINAR (AI) - Appraisal Agreements (2003) SEMINAR (AI) - Analyzing Distressed Real Estate (2004) SEMINAR (AI) - Valuation for Financial Reporting Purposes (2004) SEMINAR (AI) - 7 Hour National USPAP Update Course #1400 (2004) SEMINAR (AI) - Inverse Condemnation (2004) SEMINAR (AI) - Appraiser Independence in the Loan Process (2004) SUMMIT (AI) - Moderator at 2 -day Appraisal Summit in Washington, D.C. (12/2004) SEMINAR (AI) - Loss Prevention Program for Real Estate Appraisers (2005) SEMINAR (AI) - Valuation of Wetlands (7/2005) SEMINAR (AI) - Tri -County Residential Symposium (8/2005) SEMINAR (AI) - "Cool Tools" Internet Resources and Use for Valuation (2/2006) SEMINAR (AI) - FREAB 7 -Hour National USPAP Update (5/2006) SEMINAR (AI) - FREAB 3 -Hour Florida State Law for Real Estate Appraisers (5/2006) SEMINAR (AI) - USPAP Scope of Work & New Requirements (8/2006) SEMINAR (AI) - USPAP Reappraising, Readdressing & Reassigning Appraisal Reports (2/2007) SEMINAR (AI) - Al Summary Appraisal Report/Residential (4/07) COURSE (Fla.) -14-Hour Continuing Education (including 3 -Hour Florida Core Law) (7/2007) SEMINAR (AI) - Real Estate Fraud: Appraisers Beware! (8/2007) SEMINAR (AI) - Florida Law for Real Estate Appraisers (11/2007) COURSE (AI) - Business Practices and Ethics — 8 hours (12/2007) SEMINAR (AI) - Supervisor Trainee Roles and Rules (2/2008) SEMINAR (AI) -7 Hour National USPAP (4/2008) SEMINAR (AI) - USPAP Hypothetical Conditions & Extraordinary Assumptions (5/2008) SEMINAR (AI) - Litigation Skills for the Appraiser — 7 -Hour Seminar (9/2008) SEMINAR (AI) - Public Sector Appraising (2/2009) Page 4 of 5 E) EDUCATIONAL BACKGROUND - (Partial List, continued) WEBINAR (AI) - Develop an Effective Marketing Plan (3/2009) SEMINAR (AI) - Inspecting the Residential "Green House" (4/2009) SEMINAR (AI) - Property Tax Assessment (5/2010) SEMINAR (AI) - Supervisor Trainee Roles and Rules (7/2010) SEMINAR (AI) - Florida Law for Real Estate Appraisers (7/2010) SEMINAR (AI) - 7 -Hour Introduction to Valuation for Financial Reporting — Chicago (5/2009) SEMINAR (AI) - Government Regulations & Their Effect on R.E. Appraising (8/2009) SEMINAR (AI) - R.E.Market: How We Got Here, Where We Are, Where We're Going (10/2009) SEMINAR (AI) - 7 Hour National USPAP Update Course (10/1/2010) COURSE (AI) - 7 Hour Introduction to Conservation Easement Valuation (12/10/2010) SEMINAR (AI) - The Real Estate Market (2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions ("Yellow Boob') (2/25-26/2011) WEBINAR (AI) - Real Estate Industry Perspectives on Lease Accounting (4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview (5/19-20/2011) WEBINAR (AI) - 2 -hour Investment Property Accounting Standards (6/8/2011) SEMINAR (AI) - 3 Hour Spotlight on USPAP — Agreement for Services (7/15/2011) COURSE (AI) - 14 Hours (2 -day) Advanced Excel Spreadsheet Modeling for Valuation Applications (9/22 & 9/23/2011) SEMINAR (AI) - Trial Components (11/4/11) SEMINAR (AI) - Lessons from the Old Economy Working in the New (1/20/2012) 7 -Hour USPAP - National USPAP Update (3/9/2012) 3 -Hour Fla. Law - State Law Update (3/9/2012) SEMINAR (AI) - Appraisal Review for General Appraisers (4/12/2012) SEMINAR (AI) - Land Valuation (4/20/2012) SEMINAR (AI) - The Valuation of Warehouses (6/22/2012) SEMINAR (AI) - Town Hall Meeting: 2012 Appraisal Institute Forum (7/12/2012) SEMINAR (AI) - IRS Valuation (7/19/2012) SEMINAR (AI) - 7 Hour Business Practices and Ethics Course (12/7/2012) SEMINAR (AI) - Real Estate Forecast 2013 (1/25/2013) COURSE (AI) - 7 Hour Advanced Marketability Studies (5/6/2013) SEMINAR (AI) - Developing a Supportable Workfile (11/15/2013) SEMINAR (AI) - Florida Appraisal Law Course (2/7/2014) SEMINAR (AI) - Liability Issues for Appraisers performing Litigation & Non -Lending Work (2/24/2014) COURSE (AI) - 7 Hour National USPAP Update Course (4/25/2014) SEMINAR (AI) - Economic Conditions (5/16/2014) SEMINAR (AI) - Fundamentals of Going Concerns (7/16/2014) SEMINAR (AI) - Litigation Assignments for Residential Appraisers (7/24/2014) SEMINAR (AI) - Economic Engines of Miami -Dade County, Florida (1/23/2015) SEMINAR (AI) - Economic Engines Driving Broward County, Florida (5/15/2015) 3 -Hour Fla.Law - Florida Real Estate Broker 14 -hour Continuing Education Course (incl. 3 hour core law) with exam (9/2015) SEMINAR (AI) - Drone Technology & its Effect on Real Estate Valuations (11/2015) SEMINAR (AI) - Loss Prevention for Real Estate Appraisers (1/22/2016) COURSE (AI) - 7 -Hour National USPAP Update Course (4/22/2016) SEMINAR (AI) - 3 -Hour Florida Appraisal Law (4/22/2016) SEMINAR (AI) - 4 -Hour Appraisals in the Banking Environment (5/6/2016) SEMINAR (AI) - Appraising the Tough One: Mixed Use Properties (8/19/2016) SEMINAR (AI) - 4 -Hour Business Practices & Ethics (12/02/2016) 5 -Year Requirement WEBINAR (AI) - 2 -Hour Yellow Book Changes — Overview for Appraisers (1/11/2017) SEMINAR (AI) - 3 -Hours Economic Engines Driving Broward County in 2017 (1/27/2017) COURSE (AI) - 7 -Hours: Introduction to Green Buildings Principles & Concepts (2/24/2017) Page 5 of 5 F) APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach (Certificate No. 275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars - Board of Realtors, ASA, SREA, and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G) PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D. MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006- 2008) AWARD - Appraisal Institute `NATIONAL PRESIDENTS AWARD" 2008 AWARD - Appraisal Institute "LIFETIME ACHIEVEMENT AWARD" 2011 For "high ethical standards, contributions to the Appraisal Institute, Community and Appraisal Profession for at least 20 years." CHAIR - REGION X - All of Florida - Appraisal Institute (2008) VICE -CHAIR - REGION X - All of Florida - Appraisal Institute (2007) THIRD DIRECTOR - REGION X - All of Florida - Appraisal Institute (2006) FINANCE OFFICER - REGION X — All of Florida — Appraisal Institute (2006) PRESIDENT - BROWARD COUNTY, SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY, AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA. STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF Al CHAIR - FLA. STATE LEGISLATION & REGULATION SUBCOMMITTEE OF Al G) PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE, FT. LAUDERDALE CHAPTER Al CHAIR - CANDIDATES GUIDANCE COMMITTEE, FT .LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF Al VICE CHAIR & MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al (15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF Al MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF Al DIRECTOR - REGION X (Florida) Appraisal Institute MEMBER - REGION X (FLORIDA) ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY, FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF Al SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT, Broward County, FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H) PROFESSIONAL PUBLICATIONS & PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div. of the Dept. of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage -Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3 -hour accredited course in "The Legislation, Regulation and Appraisal of Real Property Rights in Florida September 7, 1996. Presentation on "Gramm -Leach -Bliley" Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24, 2 00 1. Presented 3 -hour Florida CEU-credit seminar on "Appraisers and the Gramm -Leach -Bliley Act' before the South Florida Chapter of the Appraisal Institute on July 27, 2002. Presenter at 6.5 Hour CLE -credit Attorney Seminar on Florida Eminent Domain, "Valuation and Damage Issues" February 2, 2006, Fort Lauderdale, Florida P CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL / PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP ("BYBLOS") MEMBER CIRCLE OF FRIENDS — NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE / BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL & FT. LAUDERDALE COUNCILS U.S. NAVY LEAGUE U.S. ARMY VETERAN WWII (RA 1721268 1) - HONORABLE DISCHARGE 1949 I of 4 Vance Beal Estate Service Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email: vanceval e att.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran -Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perfonm the appraisal work, no trainees. Our appraisals are used for financial/ mortgage loan purposes from large mixed use complexes to small owner- occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B. Vance, Jr., MAI, SRA, ASA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, deficiency judgments, marriage dissolution, and estates. Our fine values most types of real property interests, timely, professionally, and at competitive costs. PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ LICENSES MAI Designation - APPRAISAL INSTITUTE No. 9451 State -Certified General Real Estate Appraiser No. RZ-173 Florida State Licensed Real Estate Broker No. BK 0161305 VOSB Veteran -Owned Small Business (CCR/Duns 826494957) B) WORK HISTORY 1983 - Current Vice President - Vance Real Estate Service 1981-1983 President - The Appraisal Company, Fort Lauderdale, Florida 1979-1981 Staff Appraiser - Real Property Analysts, Inc., Fort Lauderdale, Florida 1976-1980 REALTOR -Associate - The Atwood Corporation, Fort Lauderdale, Florida 1973-1975 Teacher of Secondary Language Arts in the Jefferson Parish School in Louisiana C) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S. Bankruptcy Court, Southern District of Florida Florida Circuit Court: Broward County D) APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 E) EXPERIENCE: 35+years appraising and analyzing real property interests in South Florida. Partial list of real vroverty types valued: High value residences, Condominiums/ Co-operatives, Office, Industrial, Multi -fainly, Restaurants/ bars, Auto dealerships, City Centers, Hotels/ imotels, Houses of worship, Schools, Child care centers, Self -storage, Funeral home, Animal Hospital, Mixed use, Nursing homes, Gas sales stations, Marinas, Mobile home parks, Shopping centers, Country clubs/ golf courses, Financial institutions, Bowling centers, Vacant land, Agricultural properties, Environmentally sensitive land Tvves of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations, Estate planning, Marriage dissolution, Land use studies, Damage/ Contamination studies 2 of 4 F) PARTIAL LIST OF CLIENTS — PRIVATE: Individuals, Corporations, Attorneys, Accountants, Habitat for Hu vanity, Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; Citigroup; Space Coast Credit Union; State Fann Bank; Florida Shores Bank; American National Bank; Landmark Bank; City National Bank; Englewood Bank & Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie, Hollywood, Pembroke Pines, Hallandale Beach, Lauderhill, Southwest Ranches, Miramar, Boca Raton, Boynton Beach, West Patin Beach, Delray Beach FLORIDA COUNTIES and AGENCIES: Broward, Pahn Beach, Broward County Board of County Cormnissioners, School Board of Broward County, Broward County Housing Authority STATE OF FLORIDA Department of Transportation (FDOT), Department of Environmental Protection U.S. Department of Veterans Affairs, U.S. Department of Treasury (IRS), U.S Marshall's Service, U.S. Attorney G) EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree — University of New Orleans, New Orleans, LA — Major: English Professional: Course 1-A (AIREA) - Introduction to Appraising Real Property, 1977, Passed Exam Course 1-B (AIREA) - Capitalization Theory and Techniques, 1978, Passed Exam Course VIII (AIREA) - Residential Appraising, 1978, Passed Exam Course SPP (AI) - Standards of Professional Practice, 1992, Passed Exam Course 2-1 (AIREA) - Case Studies, 1987, Passed Exam Course 2-2 (AIREA) - Report Writing, 1987, Passed Exam Course R-2 (SREA) - Report Writing, 1978, Passed Exam Course 202 (SREA) - Applied Income Property Valuation, 1983, Passed Exam Course 301 (SREA) - Applications/Appraisal Analysis, 1984, No Exam Course SPP (SREA) - Standards of Professional Practice, 1989, No Exam Symposium (SREA) - Market Analysis, 1983, Philadelphia Symposium (SREA) - Market Analysis, 1984, Atlanta Symposium (SREA) - Market Analysis, 1985, Vancouver Symposium (SREA) - Market Analysis, 1986, Atlantic City Symposium (SREA) - Market Analysis, 1988, Los Angeles SEMINAR (AI) - Cost Approach (1992/Boston) SEMINAR (AI) - Rates & Ratios (1992/Boston) SEMINAR (AI) - International Appraising (1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial (1993) SEMINAR (AI) - ADA ACT (1993/Reno) SEMINAR (AI) - Hotel Valuation (1993) SEMINAR (AI) - Income Capitalization, Methods (1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation (1994) SEMINAR (AI) - Verifying Market Data (1994) SEMINAR (AI) - Market Studies for Appraisals (1994) SEMINAR (AI) - Florida Appraiser Core Law (USPAP/1994) SEMINAR (AI) - Limited Appraisals & Reports (USPAP/1994) SEMINAR (AI) - Public Safety & Property Values (1995) SEMINAR (AI) - Outparcel Valuation (1995) SEMINAR (AI) - Computer Technology Video Conference (1995) SEMINAR (AI) - The Internet & the Appraiser (1996) SEMINAR (AI) - Florida Commercial Construction (1996) SEMINAR (AI) - 1996 Data Exchange (1996) SEMINAR (AI) - Real Property Rights in Florida (1996) COURSE (AI) - USPAP & Florida Real Estate Core Law (1996) SEMINAR (AI) - Valuation of Trees (1997) of 4 G) EDUCATIONAL BACKGROUND (Continued) SEMINAR (AI) - Valuation of Transferable Development Rights [TDR's] (1997) COURSE (AI) - Standards of Professional Practice, Part C, 15 hour Course #430 (1997) SEMINAR (AI) - Non -Conforming Uses (1998) SEMINAR (AI) - The Impact of Contamination on Real Estate Value (1998) COURSE (AI) - USPAP & Florida Real Estate Core Law (1998) SEMINAR (AI) - Econometrics/Statistical Valuation Methods (1999) SEMINAR (AI) - Globalization of Real Estate/What U.S. Appraisers Need to Know (1999) SEMINAR (AI) - The Role of the Appraiser in Alternative Dispute Resolution (Mediation/Arbitration) (1999) SEMINAR (AI) - Technology Forum Part II/Intermediate (1999) SEMINAR (AI) - Client Satisfaction/Retention/Development (1999) SEMINAR (AI) - Attacking and Defending an Appraisal (1999) SEMINAR (AI) - Federal Appraisal Requirements (2000) SEMINAR (AI) - Regression Analysis in Appraisal Practice: Concepts & Applications (2000) SEMINAR (AI) - Analyzing Income Producing Properties (2000) COURSE (AI) - USPAP & Florida Real Estate Core Law (2000) SEMINAR (AI) - Mediation & Alternate Dispute Resolution Seminar (2001) SEMINAR (AI) - State of the Appraisal Profession (2001) SEMINAR (AI) - Ad Valorem Assessment Process in Florida (2002) SEMINAR (AI) - Role of Real Estate Appraisers in Bankruptcy Proceedings (2002) SEMINAR (AI) - Appraisers & the Gramm -Leach -Bliley Federal Privacy Act (2002) SEMINAR (AI) - How to Appraise the Ugly House (2002) COURSE (AI) - 2 -Day Course #430, Standards of Professional Practice, Part C (2002) SEMINAR (AI) - Market Trends for 2003 (2003) SEMINAR (AI) - Update on Code of Professional Ethics (2003) PANEL (AI) - Moderator "Industry, Consumer & Congressional Views on Predatory Lending" D.C. (2003) SEMINAR (AI) - Florida State Law for Real Estate Appraisers (2003) SEMINAR (AI) - Appraisal Agreements (2003) SEMINAR (AI) - Analyzing Distressed Real Estate (2004) SEMINAR (AI) - Valuation for Financial Reporting Purposes (2004) SEMINAR (AI) - National USPAP Course (2004) SEMINAR (AI) - Inverse Condemnation (2004) SEMINAR (AI) - Loss Prevention (2005) SEMINAR (AI) - Single Family Fraud Awareness (2005) SEMINAR (AI) - Guide to the new URAR form (2005) SEMINAR (AI) - Technologies for Real Estate Appraisers (2006) SEMINAR (AI) - The Appraiser's Role in New Urbanism (2006) SEMINAR (AI) - National USPAP Update (2006) SEMINAR (AI) - Florida State Law for Real Estate Appraisers (2006) SEMINAR (AI) - Scope of Work and the New USPAP Requirements (2006) SEMINAR (AI) - Energy Star and the Appraisal Process (2006) SEMINAR (AI) - Reappraising, Readdressing, and Reassigning Appraisals (2007) SEMINAR (AI) - Real Estate Fraud (2007) SEMINAR (AI) - Forecasting Revenue (2007) SEMINAR (AI) - Florida Law for Real Estate Appraisers (2007) COURSE (AI) - Business Practice and Ethics #420 (2007) SEMINAR (AI) - Supervisor — Trainee Roles and Rules (2008) COURSE (AI) - 7 Hour National USPAP Update #400 (2008) SEMINAR (AI) - Hypothetical Conditions and Assumptions (2008) SEMINAR (AI) - Real Estate Economy (2008) SEMINAR (AI) - Public Sector Appraising (2009) SEMINAR (AI) - Inspecting the residential "green" house (2009) WEBINAR (AI) - Value for Financial Reporting (2009) SEMINAR (AI) - The Real Estate Market in 2009 SEMINAR (AI) - New Government Regulations (2009) SEMINAR (AI) -Property Tax Assessment (2010) SEMINAR (AI) -7 Hour National USPAP (2010) SEMINAR (AI) - Florida Law for Real Estate Appraisers (2010) SEMINAR (AI) - Supervisor/ Trainee Roles and Rules (2010) SEMINAR (AI) - The Real Estate Market (2011) SEMINAR (AI) - Uniform Appraisal Standards for Federal Land Acquisitions- "Yellow Book" (2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview (2011) SEMINAR (AI) - Spotlight on USPAP — Agreement for Services (2011) SEMINAR (AI) - Trial Components (2011) 4 of 4 G) EDUCATIONAL BACKGROUND (Continued) SEMINAR (AI) - Lessons from the Old Economy Working in the New (2012) SEMINAR (AI) - Appraisal Review for General Appraisals (2012) COURSE (AI) - National USPAP Update (2012) SEMINAR (AI) - Florida Law (2012) SEMINAR (AI) - Land Valuation (2012) SEMINAR (AI) - Valuation of Warehouses (2012) SEMINAR (AI) - IRS Valuation (2012) SEMINAR (AI) - Business Practices and Ethics (2012) SEMINAR (AI) - Real Estate Forecast (2013) SEMINAR (AI) - Advanced Marketability Studies (2013) SEMINAR (AI) - Developing a Supportable Workfile (2013) SEMINAR (AI) - Florida Appraisal Law (2014) SEMINAR (AI) - Liability Issues for Appraisers performing Litigation & Non -Lending Work (2014) COURSE (AI) -7 Hour National USPAP Update Course (2014) SEMINAR (AI) -Florida Law (2014) SEMINAR (AI) - New Real Estate Economy (2014) SEMINAR (AI) - Economic Engines of Miami -Date County (2015) SEMINAR (AI) - Economic Engines of Broward County (2015) SEMINAR (AI) - Tightening the Appraisal (2015) SEMINAR (AI) - Evaluating Commercial Construction (2015) SEMINAR (AI) - Drone Technology (2015) SEMINAR (AI) - Loss Prevention for Appraisers (2016) COURSE (AI) - 7 Hour National USPAP Update (2016) SEMINAR (AI) - Florida Law (2016) SEMINAR (AI) - Redefining the Appraisal & Its Role in an Evolving Banking Environment (2016) H) PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006 — 2009 President of the South Florida Chapter of the Appraisal Institute - 2003 First Vice -President of the South Florida Chapter of the Appraisal Institute -2002 Second Vice -President of the South Florida Chapter of the Appraisal Institute -2001 Secretary of the South Florida Chapter of the Appraisal Institute -2000 Treasurer of the South Florida Chapter of the Appraisal Institute - 1999 Chair of the Education Committee of the S. Florida Chapter of the Appraisal Institute - 1995, 1996, 1997, 1998, 2007- 2016 Chair of the University Relations Committee of the South Florida Chapter of the Appraisal Institute - 2006 Director of the South Florida Chapter of the Appraisal Institute 1996 - 1998 Member of Region X (Florida) Ethics and Counseling Panel —Al Graduate of the Florida REALTORS Institute (GRI) Director of the Florida Association of REALTORS (FAR) - 1981 Committee Member of the Florida Association of REALTORS, Education Committee 1980 & 1981 Chairman of the Education Committee of the Fort Lauderdale REALTORS - 1981 and 1982; Member 1978, 1979, 1980 Member of the Long Range Planning and Awards Committees of the Fort Lauderdale REALTORS Instructor for the Investment Division of the Fort Lauderdale REALTORS D PROFESSIONAL PUBLICATIONS & PRESENTATION Prepared and taught Mastering Real Estate Mathematics at the Fort Lauderdale Area Board of REALTORS Prepared and taught A Guide to Researching Real Estate Information in Broward County and Working Through the Basic Approaches to Market Value, Fort Lauderdale Area Board of REALTORS J) CIVIC INVOLVEMENT Member of the Navy League of the United States — Fort Lauderdale Council Lifetime Honorary Member- Florida Sheriff s Association Member of Zeta Tau Alpha Alumnae Fraternity I -"ZI �d S 3l�I O t� QZ3 �d H IZi "gg � �, N scacc vaixo�a `x�vaa xo.rNxoa xMH'IV2I3Q33 N LOL _ _ a a z �' ■ NOZN —D H— AOH d �H dQI2I0'I3 `HOdHg NO.LNaiOg MOR lHDIIS ONE HN m z m o xaiNao oNrxVo -LinNNoo 133b1S @IE 3N Shutt, Thuy From: Sherryccc <sherryccc@aol.com> Sent: Friday, January 5, 2018 9:27 AM To: Simon, Michael; Shutt, Thuy Subject: Update Agenda item for CCC property acquisition Mike At our last meeting, we discussed having this on the January agenda Richard is such a nice guy! he's making site plan revisions for $750 for us and will provide a formal proposal to get us through site plan approval and construction drawings for the board to review. Thank You! Richard is revising the site plan, reflective of the alley abandonment and the NE 3rd St straightening, and reflecting the on street parking availability along 3rd and 9th. He's pretty sure no problem with a 4,500 to 5,000 ft print, 6 may be pushing it I'll have drawings first of next week. I can then put pro forma together. Are you able to have it on the agenda as an update, so we can continue forward and continue with request to abandon alley, straighten 3rd street, and convey city property so we don't loose time - looking to you for guidance for this process. Sherry Johnson Executive Director Community Caring Center of Greater Boynton Beach, Inc. d/b/a Secret Garden Cafe,a Culinary Incubator Program http://www.cccgbb.org 561-386-4261 or 561-350-0473 cell CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.F. SUBJECT: Boynton Beach Boulevard Streetscape Improvement Project Update SUMMARY: On October 10, 2017, Kimley-Horn and Associates, Inc. (KHA) presented the 30% complete design drawings for the Boynton Beach Boulevard Streetscape Improvement Project. The presentation consisted of three design concepts for the hardscape, roadway aesthetic, street lighting alternatives, and a landscape palette. The Board selected the more traditional lighting option of Concept B, the wave-like pattern pavement design of Concept A, and the sail -like entrance feature design of Concept A (see Attachments I and 11). Previous discussion also included the cost for the various decorative pavement materials which range from $8 (bonded aggregate) to $20 (glass aggregate pavers) per square feet. Since the total decorative pavement cost cannot be determined until a total area is determined in the design process, it was a consensus to have KHA come back at the 50-60% design completion with the line item cost and the life expectancy for each of the pavement treatment. A more accurate project cost estimate would be available at the 50-60% design completion stage. KHA has submitted an analysis for the various pavement treatments such as pour -in-place concrete, colored pavers, or bonded aggregate over concrete sidewalks (see Attachment 111). The analysis describes the advantages and disadvantages, recommended maintenance, durability, and available warranty for each pavement treatment. The analysis indicates that the pour -in-place color concrete option would have less disadvantages and best suited for the selected wave-like design. All three treatments have similar maintenance requirements with the pour -in-place and colored paver requiring periodic sealing to enhance color. The design plans were submitted to the City for distribution and review on January 10, 2018. KHA also submitted cost estimates to accompany the design drawings (see Attachment IV). It should be noted that the cost estimates does not include the construction cost of the portion the Boynton Beach Boulevard which is included in FDOT's scope of work for the East Beach Boulevard and 1-95 interchange. The interchange project is in its preliminary design phase and construction will not commence for another 3-4 years. Representatives from KHA will be at the January 18, 2018 CRA Board meeting to provide a brief overview and answer questions. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, line item 02-58100-203 - $600,410. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Boynton Beach Boulevard District - Streetscape CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Approve Concept A, B, C, D or E for the pavement treatment component of the Boynton Beach Boulevard Streetscape Improvement Project. 2. Do not approve Concept A, B, C, D or E for the pavement treatment component of the Boynton Beach Boulevard Streetscape Improvement Project. 3. The Board may consider modifications to the proposed pavement treatment within the Boynton Beach Boulevard Streetscape Improvement Project. ATTACHMENTS: Description D Attachment I - October 10, 2017 CRA Meeting Minutes D Attachment II - Selected Design Concepts from October 10, 2017 CRA Meeting D Attachment III -Analysis of Paving Options D Attachment IV - Opinion of Probable Cost Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 XIII. Old Business A. Boynton Beach Boulevard Streetscape Improvement Project Update Thuy Shutt, Assistant Director, explained Kimley Horn and Associate was retained to design the Boynton Beach Boulevard streetscape. The drawings are 30% complete for the design and there are three concepts for lighting, three for the pavement and hardscape and a choice of landscape materials. Kimley Horn was seeking input from the Board to move forward. The design has three different schemes. The lighting ranged from streamlined modern to more tradition lighting details and the sidewalk has a nautical theme. It had been previously agreed on the Boynton Beach Boulevard as the Gateway entrance to the City, should be treated differently. Jonathan Hague, Landscape Architect, Kimley Horn, explained he received prior input from the Board indicating they liked the blue and the wave theme. Concept A has literal interpretation of waves in the sidewalk. It was an ultra -modern iteration with curved light poles with a street fixture and a lower fixture for the sidewalk which would be alternated between the taller pole with the two fixtures and the lower pole with just the sidewalk fixture. A street view of what the waves would look like on the sidewalk was viewed. He noted all three concepts will show an idea for the corner of the 95 exit and introduce some signage or festive flag type structures to welcome people to the City. Concept B showed the waves more as concentric circles radiating in the sidewalk pattern. The lighting was similar to what is on Ocean Boulevard and the bridge and Kimley Horn would still use the taller poles with the street fixture with a lower fixture for the sidewalk. A street view of the concept was viewed. Chair Grant thought the difference between concepts A and B was more pavers in front of the sign. Mr. Hague explained they were all slightly different. One image would show what the sign would look like with enhanced landscaping behind it, or more colorful flowering trees and less flags. The elements are all interchangeable. Concept C had light fixtures with a nautical look resembling the Marina and the pavement pattern has a more modern interpretation of a wave pattern. Board Member McCray asked about the lighting on Seacrest Avenue and learned it was on FPL rented poles; however "B" most closely resembled the lights on Seacrest. They can introduce a new look or match what they have. A blue pattern for the sidewalk was being reviewed. A bonded aggregate overlay was viewed. This is normally seen on crosswalks. The same was also used on MLK. He explained it is different on a sidewalk as it gets less dirty than on a road. The next option is a blue paver with coquina shell and a bit of sparkle. The pavers would be .12' x 12'. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 Board Member Casello asked how it would be cleaned and learned it would only require regular sidewalk maintenance. He had noted some crosswalks were very dirty. Mr. Hague had noticed some crosswalks that were dingy but pointed out the crosswalks are very old and the materials not as good. The pavers under discussion were a higher quality and a sidewalk is completely different than a roadway. Board Member Casello commented building material has a life span. Mr. Hague explained the subject paver with integrally dyed color may need to be sealed or pressure watched once per year to maintain the color. Board Member McCray asked which paver was the most durable Mr. Hague explained the glass aggregate introduced into the concrete and poured -in-place was durable. The most expensive option was the glass aggregate pavers. Discussions about color retention and how to blend the colors if a paver needed to be replaced followed. Blending could be difficult, but an artist could do the job. Blue aggregate pavers could be used at entrances and they hold up well for high traffic places. It was noted there will be bike lanes in the road. Approximately 30% of the sidewalk will be covered with that pavement. Kimley Horn conducted general cost estimates for the cost of the different versions. The difference between using the highest and lowest grade for the entire corridor was about $200,000. The treatment was fairly expensive, but the majority will be regular grade. Mr. Simon explained, depending on the budget, if the Board wanted the most expensive product to have most impact and be longest lasting, they can reduce sidewalk area and spread the value over the length of the roadway. There can be a mix of different treatments. Chair Grant asked about the concept for the sidewalks, entrance and lighting. Board Members McCray and Romelus favored lighting fixture B, noting it will tie in with Seacrest. Board Member Casello asked if the City will own the poles and learned they would. They will have electrical outlets at the base and LED lighting. Chair Grant liked concept A but agreed with Board Member McCray regarding the lighting on Seacrest Boulevard. He favored light fixture A from 1-95 to Seacrest and then fixture B from Seacrest on. He asked about the pole colors, Mr. Hague suggested sticking with the same color and commented black was timeless. Chair Grant wanted black fixture A from 1-95 to Seacrest and fixture B from Seacrest to Federal Highway. Board Member Casello liked the fixtures on Seacrest. Vice Chair Katz would pick fixture C because of the Marina. He was not opposed to different styles on different streets because people coming to the city would use Boynton Beach Boulevard to get to Federal Highway or Ocean Avenue. He liked fixture C. 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 There was consensus for light fixture B. Sidewalks were discussed and three patterns were reviewed. One had an irregular wave, then a circle with a ripple effect as pattern B and then C had more of a two-sided wave. Vice Chair Katz liked pattern A 1 because they look like waves. Board Member McCray liked A, Chair Grant liked A. Board Members Romelus and Casello supported pattern A. There was consensus for A The members discussed the pavers entrance Vice Chair Katz liked theme A as did Board Member McCray, and the rest of the Board. The entrance concept were reviewed. Chair Grant noted concept A did not have pavers at the beginning or open space. Concept B open space looked like it had two different colors of blue. It was also similar with what was done with the entrance sign and had more pavers. Concept C had more of the waves. Chair Grant was concerned between concept B and A what was the plan for the open space in front of the sign. Mr. Hague explained they would ask DOT to put this on their right of way and there were changes coming to the interchange they will have to consider. As far as pavement in front of the sign, similar to the sign on U.S. 1. It was similar to clearing space for a viewing zone and creating patterns on the ground to create some interest at the north sign. Board Member McCray asked if the sign on the south side entrance coming into Boynton was smaller and learned it was, but the sign was in the median verses the sign north of Gateway on the west side of the road. Chair Grant favored concept A with the panels. He thought they could do something creative with them and do something yearly or have different art exhibits. It could remain stagnant or changing them or having them all uniform. Vice Chair Katz liked concept A and the Breeze into Boynton, but he thought they looked like leaves instead of sails. He favored concept A if they looked like sails and that there was a minimum amount of paver space. He was concerned about panhandlers in the walkable area of the 1-95 ramp, which was not the idea it would be used for. He wanted the minimum space there and to use plants, but wanted to see sails and something nautical Board Member McCray liked concept A. Board Member Romelus was concerned about the sails at Ocean Front Park and hurricanes as the sails break and learned they are metal. She liked concept A. Board Member Casello liked concept A and asked if they could be solar panels. There was consensus for concept A. Ms. Shutt explained they will work with City Staff and the Town Square developers and they will come back with probably costs as they get more detailed design development. Mr. Hague could return in December with 50% to 60% drawings. Vice Chair Katz asked 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 the Board to contemplate what it wants and was committed to financing the plan. Chair Grant agreed and hoped the developer of Town Square could follow the concept from Seacrest to Federal Highway. Moving forward, Mr. Simon suggested when the CRA determines its design recommendation they should submit it to the City Commission for their formal approval of the design of the street. Board Member McCray requested Mr. Hague also bring back a life expectancy of the street and learned he would bring back a life expectancy of each treatment. Board Member Romelus agreed with Vice Chair Katz. The namesake street should have some sort of special design. B. Consideration of the Purchase and Development Agreement with Centennial Management Corporation for the CRA Owned Property Located at 700 N. Seacrest Boulevard, a/k/a Ocean Breeze East Mr. Simon explained CRA staff, legal and staff at Centennial Management has been working hard to draft a purchase ad development agreement. Other than boilerplate language, as was done with Ocean One, he outlined the key terms on the agenda cover. There is an application for the 9% tax credits due in the beginning of December. Staff used the base contract and all reviewed each paragraph and outlined the specific terms. Chair Grant did not know if the Board was binding future CRAs by committing to fund the gap financing. Mr. Simon explained the RFP offered several options to work with. Centennial Management Corporation gave four different options for development, which included Centennial acquiring the property within the first 60 days of the contract and as owners, applying for as many cycles or applications for tax credits or SAIL applications as desired. The initial discussion was for a 10 -year opportunity to continue the cycle applications, but the Board supported a single cycle after ownership would take place. Centennial would purchase the property for $800,000 and apply for 9% Low Income Housing Tax credits in December 2017 and if successful, they would move forward with the project only needing the $567,000 local government contribution. If unsuccessful with the December 2017 application, Centennial would immediately go to application for the October 2018 4% SAIL application and simultaneously, they would also apply for the 9% Low Income Housing tax credits in December 2018. If the 2018 SAIL application was awarded to Centennial that was the award they would use. If they were unsuccessful, they would await a decision of the 9% 2018 application. If they were selected for the 2018 9% tax credits which would be awarded in the spring 2019, they would move forward with the project and only need the local government match of $567,000 and the 9% would supply the needed construction funds for the project and the CRA would support the site plan and permits however they could. 14 I A u V Q W In J Z" O Q CO Z OZ / r Im 0 m 1�E ", m 21 4-j A m 4-0 U O � V � a a m O a� UUP zLL L QU E W O z CO C 'a �Z J 22 0~ z } L G U)W C 'a J 2 0 W J 0 m U a a m a� zLL V_ QU C W U w Zo z CO �Z a 0~ z } L M m U)W C 'a J 2 0 I�" 4)Nk4' t`^' • �)� l� �,� d m �� tN, � � � � ��i - �,y � x�%-�' roti • 5y ) t/ P yl 4)Nk4' t`^' • 3 & K t • 01 IMEM I L" To: ThuyShutt,AssistontCRAOireotor—BoyntonBeoohCRA From: Jonathan Haigh, PLA, ASLA Date: January 5.2O18 Subject: Pros and Cons — Decorative sidewalk treatments POUR -IN-PLACE COLOR CONCRETE WITH OR WITHOUT DECORATIVE AGGREGATE Pros: • Best suited for wave shape • The use of colored aggregates will enhance the colors and provide more visual interest. Inorganic pigments will bemore color fast than organic pigments. Cons: • Repairs tosidewalk will bevery difficult tomatch exact color and aggregate mix. • Will require specialty contractor which may increase cost. Maintenance: • Periodic pressure washing toremove staining. • Periodic sealing toenhance the color. Durability: e High typical wear -and -tear durability, consistent with typical concrete sidewalk Pros: • The use of colored aggregates will enhance the colors and provide more visual interest. Inorganic pigments will bemore color fast than organic pigments. • Repairs todamaged areas orthe result ofconstruction would be easier toreplace. Cons: • More difficult to create the wave shape due to increased number of cuts to pavers. • Blue colorant may be custom for most manufacturer's, limiting available products. • Sand set pavers may settle over time, may require resettling pavers if base degrades. • Larger slab style pavers may require additional support underneath driveway crossings. • May need tosole source supplier for repairs tomatch original product installed Maintenance: • Periodic pressure washing toremove staining. • Periodic sealing toenhance the color. Durability: • High typical wear and tear durability, consistent with typical pavers Klmley)))Horn Page 2 BONDED AGGREGATE OVER CONCRETE SIDEWALK Pros: e Well-suited for wave shape — sheets of the product can be die -cut to match patterning e The use of colored aggregates will enhance the colors and provide more visual interest. e Applies directly over concrete sidewalk. Cons: e Will require specialty contractor which may increase cost. e May need to sole source supplier for repairs to match original product installed e May collect debris from tires at driveways and require spot cleaning. Maintenance: e Periodic pressure washing to remove staining. Durability: e As durable as concrete underneath it — similar material has been in place for more than 15 years in roadway applications with limited wear in areas where high traffic does not occur. e Will come with limited warranty from manufacturer It 61 bM4 L LL t LL 81 _h a CO 4 a O CO E a r s (Ct m N U d c a+ h m It 4 s� CategoriesTotal Opinion of Probable Cost BOYNTON BEACH BOULEVARD NW 2ND STREET TO FEDERAL HIGHWAY (US-1) Based on preferred concept of preliminary plans 1/8/2018 Mobilization 118,318.08 ITEM NO. DESCRIPTION UNIT QUANTITY COST TOTAL Construction Grand Total ROADWAY ITEMS 110-4-10 REMOVAL OF EXISTING CONCRETE BY 5069 $17.82 $90,329.58 160-4 TYPE B STABILIZATION BY 166 $5.21 $864.86 285-709 OPTIONAL BASE, BASE GROUP 9 BY 83 $14.01 $1,162.83 327-70-1 MILLING EXIST ASPHALT PAVEMENT, 1" AVG DEPTH BY 19952 $2.39 $47,685.28 334-1-13 SUPERPAVE ASPHALTIC CONC, TRAFFIC C TN 9 $133.52 $1,201.68 337-7-83 ASPHALT CONCRETE FRICTION COURSE, TRAFFIC C, FC-12.5, PG 76-22 TN 1106 $81.16 $89,762.96 425-1-201 INLETS, CURB, TYPE 9, <10' EA 1 $6,452.79 $6,452.79 425-1-351 INLETS, CURB, TYPE P-5, <10' EA 2 $5,112.38 $10,224.76 425-1-355 INLETS, CURB, TYPE P-5, PARTIAL EA 0 $4,610.58 $0.00 425-1-361 INLETS, CURB, TYPE P-6, <10' EA 1 $5,384.76 $5,384.76 425-1-365 INLETS, CURB, TYPE P-6, PARTIAL EA 2 $4,756.36 $9,512.72 425-1-451 INLETS, CURB, TYPE J-5, <10' EA 3 $7,109.48 $21,328.44 425-1-461 INLETS, CURB, TYPE J-6, <10' EA 1 $7,454.12 $7,454.12 425-2-41 MANHOLES, P-7, <10' EA 0 $5,427.26 $0.00 425-5 MANHOLE, ADJUST EA 6 $353.36 $2,120.16 425-6 VALVE BOXES, ADJUST EA 29 $299.42 $8,683.18 430-174-115 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 15"SD LF 32 $63.53 $2,032.96 430-174-118 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 18"SD LF 0 $63.83 $0.00 430-174-124 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 24"SD LF 8 $87.98 $703.84 430-174-130 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 30"SD LF 0 $101.45 $0.00 430-174-142 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 42"SD LF 0 $144.81 $0.00 430-174-154 IPIPE CULVERT, OPTIONAL MATERIAL, ROUND, 54"SD LF 0 $255.90 $0.00 430-174-178 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 78"SD LF 48 $879.67 $42,224.16 520-1-10 CONCRETE CURB AND GUTTER, TYPE F LF 5033 $18.98 $95,526.34 522-1 CONCRETE SIDEWALKS AND DRIVEWAYS, 4" THICK BY 2114 $37.86 $80,036.04 522-2 CONCRETE SIDEWALKS AND DRIVEWAYS, 6" THICK BY 888 $50.21 $44,586.48 Subtotal $567,277.94 SIGNING AND PAVEMENT MARKING LS 1 $12,500.00 $12,500.00 Total $12,500.00 sign= TREE REMOVAL Elam LS 1 $18,000.00 $18,000.00 SOUTHERN LIVE OAKS -8"Cal. EA 34 $4,500.00 $153,000.00 CABBAGE PALMS - 16' CT EA 18 $250.00 $4,500.00 MEDIAN PLANTINGS- 18" x 18" EA 430 $15.00 $6,450.00 RIGHT-OF-WAY PLANTINGS- 15" x 15" EA 1452 $12.00 $17,424.00 Subtotal $199,374.00 IRRIGATION SYSTEM LS 1 $175,000.00 $175,000.00 Subtotal $175,000.00 HARDSCAPE ITEMS ALTERNATE DECORATIVE "WAVE" PATTERN SF 21608 $18.00 $388,944.00 ALTERNATE DECORATIVE CROSSWALKS SF 6140 $17.00 $104,380.00 TRASH CAN EA 7 $2,000.00 $14,000.00 BENCHES EA 7 $2,500.00 $17,500.00 Subtotal $524,824.00 CategoriesTotal 1,478,975.94 Mobilization 118,318.08 Maintenance of Traffic 118,318.08 Project Base Cost Subtotal 1,715,612.09 Contingency 15% 257,341.81 Construction Grand Total 1,970,000.00 Rounded The aforementioned opinion of probable cost is based on preliminary plans. The costs shown are based on Engineer's assumptions which will vary upon the commencement of the construction documents for this project. The Engineer does not guarantee that the opinion of probable cost gives a true/accurate budgetary reflection of future costs. Since the Engineer has no control over time, labor and material cost furnished by others, or over methods of determining prices, or market conditions, all opinions rendered herein as to cost, represent its best judgment the Engineer does not guarantee that actual cost will not vary from opinion of probable cost. It does not account for inflation nor for right-of-way or easement acquisition costs. Boynton Beach Blvd_NW 2nd St to US 1.xlsxNW 2nd Street to US 1 1/12/20181:50 PM CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.G. SUBJECT: Consideration of the Amendment to Kimley-Horn and Associates, Inc. for Professional Services for Sara Sims Park Design SUMMARY: During the FY 2017 - 2018 budget discussions and adoption, the CRA Board allocated $600,000 for park improvements for Sara Sims Park (see Attachment 1). The CRA funding matches the City's $700,000 in order to provide new park lighting, irrigation, fencing, walkways, bathrooms, park amenities, and grass for the Park. In the fall of 2017, the City retained Wantman Group, Inc. to develop a conceptual plan for the Sara Sims Park Improvements. The conceptual plan was presented to the community on December 13, 2018. The concensus of the community was to move forward as soon as possible with design drawings and construction of the improvements. Attached is a proposed Professional Services Agreement between the CRA and Kimley-Horn and Associates, Inc. (KHA) for the Sara Sims Park Improvements (see Attachment 11). The proposed services are allowed under the continuing services agreement between the CRA and KHA (see Attachment 111). The document has been reviewed by the City Engineer, Mr. Gary Dunmeyer, and the CRA legal counsel. The Scope of Services include design development through full construction/design documents, including construction administration. The services will include the opinion of probable cost, project specifications, construction services, bidding assistance and final notice of acceptance of the work. It is anticipated that the pre -construction tasks will take approximately four to six months to complete after issuance of a Notice to Proceed. The cost for the services by KHA is a not to exceed amount of $116,600, which includes an option to provide design services for the security system. Approximately $250,000 is available for this project in FY 2017-18 for Professional Services (Surveys & Appraisals and Architectural Design Assistance). FISCAL IMPACT: $600,000 FY 17-18, Project Fund, Line Item 02-58200-406 and $250,000, Line Item 02-58100 (Professional Services - Surveys & Appraisals and Architectural Design Assistance) CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Professional Services Agreement with Kimley-Horn and Associates, Inc. for the Sara Sims Park Improvements for an amount not to exceed $116,600. 2. Not approve the Professional Services Agreement with Kimley-Horn and Associates, Inc. for the Sara Sims Park I mprovements for an amount not to exceed $116,600. 3. The Board may consider modifications to the proposed Professional Services Agreement with Kimley-Horn and Associates, Inc. for the Sara Sims Park Improvements. ATTACHMENTS: Description D Attachment I - Location Map D Attachment 11 - Draft Agreement with KHA for the Sara Sims Park Improvements D Attachment III - KHA Continuing Services Agreement Q C� G N E U Q 01 IMEM I L" January 12, 2018 Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FL 33435 Re: Professional Services Agreement Sara Sims Park Improvements Boynton Beach, FL Dear Mr. Simon: Thank you for the opportunity to be a part of your team on this project. Kimley-Horn and Associates, Inc. ("Kimley-Horn") is pleased to submit this agreement (the "Agreement") to Boynton Beach Community Redevelopment Agency ("the Client" or "CRA") to provide professional consulting services for the above -referenced project. We will provide these services under our contract for the Boynton Beach CRA Design and Professional Services Agreement dated June 28, 2007 (2007 Agreement). Kimley-Horn agrees that the 2007 Agreement also applies and controls this Agreement, and that the terms in this Agreement are in addition to the terms in the 2007 Agreement. Pursuant to our discussions, below is our scope of services and associated fees for improvements to Sara Sims Park. UNDERSTANDINGPROJECT The Client has requested a scope of services and fee determination for conceptual design and bid/construction documents for improvements to Sara Simms Park, which is located at 209 NW 9th Court in Boynton Beach. The Park is approximately 8.9 acres and was initially constructed the 1970s. The park will be irrigated via the City's reclaimed water utility. Current elements in the park include a 1.25 -mile asphalt path, pavilion, restrooms, two tennis courts, four racquetball courts and playground. A concept plan was prepared by WGI, dated December 11, 2017. This concept was used to develop an overall construction budget and to determine general placement of the proposed improvements. The construction budget for this project is $1,300,000 inclusive of design and permitting fees. The Client desires to have construction completed in August of 2018. The Client has requested that Kimley-Horn provide a park design development and bid/construction documents services for the following at Sara Sims Park: • New pre-engineered restroom building near the playground (existing restroom to be demolished as a part of this project) • Three pre-engineered small pavilions (12 ft x 14ft) with grills and picnic tables • One large pre-engineered pavilion (25 ft x 25 ft) with grills and picnic tables 01 IMEM I L" Em • One existing pavilion will be refurbished, requiring cosmetic improvements that will be specified on the plans. No structural or architectural modifications or improvements will be required and therefore those services are not included in this scope. • Each pavilion will feature a hose bib, picnic tables, grills, and waste receptacles. • The existing walking path will be removed and a new path designed around and through the park/ memorial garden. • On -street parking spaces along Martin Luther King Jr Blvd. • Landscaping and irrigation improvements. • Perimeter fencing at the Memorial Gardens and other portions of the site. • Site lighting on fitness path. • Site furnishings such as waste receptacles (30 total), picnic tables, and benches, including at least one bench with a solar powered charging station. • New parking lot on SW side of site off NW 8th Ave. • Park signage, per Parks and Recreation Department standards. • Power and water service and a +/- 30'x30' space identified for a future amphitheater. • Signage for the fitness path showing distance (i.e. '/4 mile, 'h mile, etc.). • The Client requires that CPTED (Crime Prevention Through Environmental Design) principles be applied to the design of Sara Sims Park. • An alternate task is proposed for design services to design and specify equipment and wiring associated with WiFi service at the park and security system equipment. Items specifically not included are: • Architectural, MEP, or structural design services for buildings or picnic pavilions • Right of Way vacation services • Platting services or other services related to combining parcels and/or unifying titles. • Permit Fees • Multiple phase projects. If the project must be subdivided into more than one phase, additional services will be required for the second and/or subsequent phase package(s). • Professional environmental or cultural (archeological) resources services. The following scope of services details the site survey, geotechnical engineering, site civil, landscape architectural, and site electrical services. The scope is divided into phases to accommodate the concept/design development work for the park and a second phase for permit and construction drawings for the proposed park improvements. Should the park program change from that described in this agreement, additional services may be required. TASK 1SITE SURVEY AND GEOTECHNICAL ENGINEERING - I SITE SURVEY: A sub -consultant to Kimley-Horn will perform the following professional survey services: Produce a Boundary Survey in accord with Standard of Practice as set forth in Chapter 5J-17.05 FAC pursuant to Section 472.027 Florida Statutes, limited to the following: 01 IMEM I L" • Recover or reset exterior boundary corners of the combined parcels. • Establish State Plane Coordinates utilizing GPS Wide Area Network. Coordinates to be tied to offsite control monuments. • Locate interior improvements to include buildings, pavement, parking, pathways and evidence of above ground utilities. Locations to extend to the centerline of adjacent roads. • Map evidence of underground utilities as located by others at the time of survey. • Delineate all platted easements. • Research FEMA flood zone and note on survey. • Calculate square footage of property. • Certify survey to all parties concerned. • Establish on-site benchmarks based upon NAVD 88 Datum. Provide conversion to NGVD 29. • Obtain finish floor elevations on existing structures. • Obtain spot elevations on an approximate 100' grid onsite and 50' grid within the roads. • Topo extended to centerline of adjacent roads. • Map 1' contour. • Locate Sara Sims headstone in the cemetery. Locate individual or clusters of specimen trees 4" diameter and larger, providing common name, diameter and position of trees or outline of cluster. The location of shrubbery and landscaping will not be included. Obtain elevations at base of tree when possible. GEOTECHNICAL ENGINEERING: A sub -consultant to Kimley-Horn will perform the following professional survey services: • Boring layout and utility coordination; • Perform two (2) SPT borings to 15 feet; • Perform one (1) sieve analyses; • Perform one SFWMD percolation test for exfiltration trench K -value; • Provide light duty and heavy duty flexible and rigid pavement design recommendations based on soil conditions; and Provide soil profile and grain size analyses results narrative The sieve analyses will provide information on the grain size curve only. If the Client is interested in an analysis of lime content, the results will need to be tested by an environmental lab and will require an additional service. TASK 2 -DESIGN DEVELOPMENT Kimley-Horn will attend an initial kick-off meeting with the Client to discuss the project, scheduling, budget, and Client design preferences. Kimley-Horn will produce a Design Development plan based on the WGI masterplan drawing, digitizing the design into AutoCAD format or utilizing WGI CAD files. The plan will serve as a 30% design development drawing that will include limited details that will present a plant palette, irrigation equipment, site furnishings, pre-engineered structure schematics, and information on materials selections. This schematic plan set will be presented to the Client as a project update prior to Kimley- Horn moving forward with bid/construction documents. Klmley)))Horn Page 4 Design Development Deliverable: • Site Design Development site plan with hardscape selections identified with labeling. • Limited site details that: • Identify proposed plant material • Specify irrigation equipment • Specify site furnishings • Schematic designs for picnic pavilions and restroom structure. • Preliminary Opinion of Probable Construction Costs for proposed improvements based on materials and equipment selections. • Technical memorandum summarizing design decisions made as a result of Client input, CRA Board input, and budgeting based on the Design Development plan. • Site Plan rendering, depicting overall design for use in Client brochure to update community. KHA will prepare 90% plans and details at a scale suitable for bidding purposes, to include site drainage, site lighting, park features, landscape and irrigation. During this task, the Consultant will perform the following: • Contact utility owners and request any available information depicting the locations and configuration of existing utilities within and around the park property. • Attend coordination meetings with regulatory agencies having jurisdiction over the project to discuss permitting requirements. • Prepare 90% construction documents typically consisting of the following: Civil Engineering Services for this task are limited to the following: • Site Plan for proposed improvement areas will delineate the proposed park improvements, pavilions, parking, and City- required tabular data. • Paving and Drainage Plans will show proposed site drainage and will provide grading for the parking lot. The plans will also provide grading for the proposed park improvements and will include drainage details. • Utility Plans to show utility service connections for the proposed park improvements: up to seven hose bibs, one drinking fountain, water/sewer service to the restroom building, and potential reclaimed irrigation service. • Signing and Marking Plans to show proposed site signage and striping modifications for the proposed access to the parking lot. The plans will also provide signing and marking details. Landscape Architectural Services for this task are limited to the following: Planting plans for proposed improvement areas will delineate plant material, plant quantities, plant schedules, specifications and project -specific planting details, including code required planting calculations. 01 IMEM I L" Em Irrigation plans designed to provide irrigation coverage for all exterior proposed landscaped areas. KHa will provide the following irrigation design services, after Tient approval of the 90% landscape plans: • Calculation of irrigation system requirements based on water application per week and water window availability as determined by local municipality and Water Management District. • Water source(s) evaluation for irrigation system • Irrigation mainline and sub -mainline sizing with recommended routing. • Coordination with project civil engineer for sleeve and mainline routing, as applicable. • Master central control evaluation and recommendation, including analysis of system operation. a conceptual irrigation operation schedule for the project will be included. • Irrigation controller locations with power supply drop locations. (Electrical design and permitting for controllers to be provided by contractor) @ as necessary. • Material legend of all components. • Ancillary notes, calculations, and labels required to develop a master irrigation system. Hardscape plans based on Tient design input gathered during the Conceptual Development phase. KHa will prepare the following construction documents: • Decorative paving treatments @ stamped/stained concrete or pavers. • Site furnishings @ specification and layout locations • Fencing layout and detailing for gates and fence foundations • Park signage at park entries • Mileage marker(s) along fitness pathway • Lighting equipment specifications, engineering for foundations and/or notes to accommodate equipment manufacturer's engineering for lighting equipment. • Specification for pre-engineered structures: • Picnic pavilions • (Restroom building Note: Pre-engineered items may require sole -source specification of the manufacturer's product in order to obtain the pre-engineered drawings. Electrical Engineering Services for this task are limited electrical design for proposed improvement areas, delineating electrical service and lighting for the parking areas and pathway lighting. • Site Plan submittal with photometric analysis for the fitness path. KHa will submit the lighting fixtures used as the basis of design for approval prior to submittal of the draft construction drawings. • Electrical Plans and Details permit plans with electrical and lighting details, photometric analysis for the parking areas, coordination with the lighting vendor Klmley)))Horn Page 6 for details and lighting specification, and coordination with the local power company to obtain electrical service. Submit the 90% bid/construction drawings to the Client for review and meet with the Client to discuss. After review, address reasonable review comments as part of the final bid/construction drawings. Provide an updated Opinion of Probable Construction Cost for the 90% plans. I11-1 11-yM .01 • Progress PDF plan sets will be emailed to the Client every other week until 90% plans are submitted. • Sets of the 90% construction drawings in 24" x 36" format for internal and permit reviews Opinion of Probable Construction Cost. TASK 4 - PERMITTING The Consultant will prepare and submit applications, calculations, supporting documents and plans for review by the following agencies: • FDEP: 10/2 permit for projects under 10AC with less than 2AC of impervious • City of Boynton Beach: Minor Site Plan Modification and Building Permit No other agency approvals are anticipated or included in this scope of services other than those identified above. All permitting fees will be the responsibility of the Client. Project representation for this task is required and is included in this proposal. TASK 5 - FINAL BID/CONSTRUCTION Once the 90% construction drawings have been approved by the Client, these will be used as the basis for preparing the final bid/ construction documents. Specifications will be a part of the plan set. No separate technical specification booklet will be produced. KHA will assist the Client in the preparation of certain sections of Division 1 specifications, limited to description of work, measurement and payment, and bid form. During this task, the Consultant will perform the following: • Revise the drawings prepared in Task 3 per the Client and permitting agency comments. • Tabulate anticipated construction items, quantities and measurement and payment items and their associated notes. Prepare Division 1 required provisions for inclusion into the Client -provided contract documents: • Determine anticipated construction time for contract purposes. • Update the engineer's opinion of probable construction costs. • Prepare a bid form that will list the separate pay items, estimated quantities, and units. • Provide the Client with a project description to be included in the Client's front end documents. 01 IMEM I L" • Three sets of the final construction drawings in 24" x 36" format. • Updated engineer's opinion of probable construction cost for the proposed improvements. • AutoCAD files of construction plans • MS Word and Excel files of specifications or reports prepared related to this project TASK 6 - PROJECT REPRESENTATION (HOURLY) At the Client's request, Kimley-Horn will represent the project and/or make presentations to CRA Board, City Commission, or at public meetings. Services under this task will be provided on an hourly plus expense basis with a designated maximum fee. TASK 7 - BIDDING ASSISTANCE (HOURLY) It is our understanding that the Client will use a competitive bidding process to award the contact to a qualified contractor to construct the improvements. Services under this task will be provided on an hourly plus expense basis with a designated maximum fee. At the Client's request, Kimley-Horn will provide the following services: • Consult with and advise the Client during the bidding process. • Attendance at the pre-bid meeting. • Issuance of addenda in response to interested contractor questions or requests for information during the bid process. All responses by the Consultant will be approved by the Client prior to issuance. The Client will be responsible in making the award. TASK 8 - L (HOURLY) This task assumes a maximum of six (6) months of construction phase services. Services under this task will be provided on an hourly plus expense basis with a designated maximum fee. At the Client's request, the following services may be performed as a part of Construction Phase Services: • Pre -Construction Conference. Consultant will attend a Pre -Construction Conference prior to commencement of Work at the Site or at Client -designated location in Boynton Beach. • Visits to Site and Observation of Construction. Consultant will make eight (8) visits in order to observe the progress of the work. Such observations will not be exhaustive or extend to every aspect of Contractor's work. Observations will to be limited to spot checking, selective measurement, and similar methods of general observation. Based on information obtained during site visits, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Client informed of the general progress of the work. Consultant will not supervise, direct, or have control over Contractor's work, nor shall Consultant have authority to stop the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. Consultant does not guarantee the performance of any Klmley)))Horn Page 8 Contractor and has no responsibility for Contractor's failure to perform its work in accordance with the Contract Documents. Recommendations with Respect to Defective Work. Consultant will recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of its observations, Consultant believes that such work will not produce a completed Project that generally conforms to the Contract Documents. Clarifications and Interpretations. Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents. Any orders authorizing variations from the Contract Documents will be made by Client. Change Orders. Consultant may recommend Change Orders to the Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. Shop Drawings and Samples. Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs. Substitutes and "or -equal." Consultant will evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents. Inspections and Tests. Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate, and may receive and review certificates of inspections within Consultant's area of responsibility or of tests and approvals required by laws or the Contract Documents. Consultant's review of certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not be an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests. Disagreements between Client and Contractor. Consultant will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents. In rendering decisions, Consultant shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith. Applications for Payment. Based on its observations and on review of applications for payment and supporting documentation, Consultant will determine amounts that Consultant recommends Contractor be paid. Such recommendations will be based on Consultant's knowledge, information and belief, and will state whether in Consultant's opinion Contractor's work has progressed to the point indicated, subject to any qualifications stated in the recommendation. For unit price work, Consultant's recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. Consultant's recommendations 01 IMEM I L" Em will not be a representation that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work, or involved detailed inspections. • Substantial Completion. Consultant will, after notice from Contractor that it considers the Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. • Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant. • Project Close-out Documents: Consultant shall assist the Owner in assembling and submitting the certification packages stating that the Project is complete to City of Boynton Beach and South Florida Water Management District. The Client will pay all application, review, and permitting fees. • Limitations of Responsibilities: The Consultant shall not be responsible for the acts or omissions of any Contractor or subcontractor, any of the Contractor(s)' or subcontractor(s)' agents or employees, or any other persons (except the Consultant's own employees and agents) at the site or otherwise performing any of the Contractor(s)' work. (ALTERNATE) TASK 9: SECURITY SYSTEM DESIGN The Client has requested a plan, specifications, and details for a security system at Sara Sims Park consisting of up to eight cameras, one emergency phone, one network video recorder (NVR), and equipment necessary to provide a City of Boynton Beach public WiFi hotspot for the park. This task is limited to the services specifically described below: • Amend electrical drawings (created in Task 3) to depict the security equipment, based on Client -approved equipment specifications. • Provide a security system communication plan and details sheets based on Client -approved equipment. It is assumed that the system backbone will be fiber optic cable within the park. • Provide specification for equipment furnishing one WiFi hotspot in the park • Provide security system specifications (as needed) to support the plans and details. Deliverable Kimley-Horn will provide a draft submittal of plans and specifications to the Client for comments. Kimley-Horn will attend a comment resolution meeting with the Client as needed, then Kimley-Horn will provide a final submittal of plans and specifications to the Client. ASSUMPTIONS The following assumptions are made: 01 IMEM I L" • Client reviews of submittals will be provided in a timely manner. • Existing FPL availability to service the project lighting. • Existing water and sewer service is available at the project site. • The Client shall be responsible for the distribution of advertisement, RFIs and addendums. Any services not specifically provided for in the above scope will be considered additional services and can be performed at our then current hourly rates (Attachment "A") or for a pre -negotiated fee. Additional services we can provide include, but are not limited to, the following: • Meetings and coordination beyond that specifically outlined above • Major redesign effort due to changes in the overall project scope, budget, or programming after the approved design development phase • LEED related services • Preparation of written specification book — all specifications will be placed on plans or will reference standard FDOT specifications • Preparation of Bid notice or bidding documents beyond plans • Preparation of contract between owner and contractor • Environmental Engineering (Phase I/Phase II/ Etc.) • Traffic Studies or traffic impact statement letters • Permitting beyond that listed above or permit expediting services • Dewatering permitting • Services not specifically mentioned in the "Scope of Services" SCHEDULEPROJECT The Consultant will provide services as expeditiously as practicable to meet a mutually agreed upon schedule. We understand the Client's desire to have the project constructed by August per the proposal request. We will work with the Client to develop a project schedule upon contract award. INFORMATION TO BE PROVIDED BY CLIENT The Client will provide to KHA in support of the project development any existing materials in electronic format related to the project that may influence the scope of services noted above. (Remainder of page intentionally blank.) 01 IMEM I L" Kimley-Horn will perform the services in Tasks 1,2,3,4,5,and 9 for the lump sum fees outlined below, inclusive of expenses. Kimley-Horn will perform the services in Tasks 6 through 8 on a labor fee plus expense basis for the maximum labor fee shown below. Kimley-Horn will not exceed the total maximum labor fee shown in tasks 6 through 8 without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Task 1 — Site Survey and Geotechnical Engineering Services $17,600 Site Survey: $14,600 Geotechnical Engineering Services: $3,000 SUBTOTAL LUMP SUM SUCONSULTANT FEES $17,600 Task 2 — Design Development $5,000 Task 3 — 90% Site Civil and Landscaping Construction Docs $40,000 Task 4 — Permitting $12,000 Task 5 — Final Bid/Construction Documents $16,000 SUBTOTAL LUMP SUM DESIGN FEES $73,000 Task 6 — Project Representation $1,500 (Hourly/Max) Task 7 — Bidding Assistance Task 8 — Limited Construction Phase Services Ilk $4,500 (Hourly/Max) $10,000 (Hourly/Max) ALTERNATE Task 9— Security System Design Services $9,000 (Hourly/Max) GRAND TOTAL MAXIMUM FEE $116,600 (WITH ALTERNATE TASK 9) Labor fee for Tasks 6 through 8 will be billed on an hourly basis according to the rates as negotiated in the consulting agreement. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these 01 IMEM I L" tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. If you concur in the foregoing and wish to direct us to proceed with the aforementioned 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. All provisions are in accordance with the terms and conditions of the consulting agreement between the Boynton Beach CRA and Kimley-Horn dated June 28, 2007 and shall govern this agreement as applicable. Payment will be due within 25 days of your receipt of the invoice. Fees and times stated in the agreement are valid for sixty (60) days after the date of this letter. We appreciate this opportunity to submit this agreement. Please contact Jonathan if you have any questions at (561) 840-0233. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. ;4't' k Webber, P.E. Associate \Jo__Z)�v Jonathan D. Haigh, PLA, ASLA Project Manager BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: (Print or Type Name) Title: (As Authorized by Law) Witness (Print or Type Name) Official Seal: DESIGN AND PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT ("Agreement"), entered into this day of I _ , between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and Kimley-Horn and Associates, Inc., authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT." WHEREAS, the CRA has selected CONSULTANT under the provisions of Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act; and WHEREAS, the CRA agrees to retain the CONSULTANT for design and professional services work prescribed herein in connection with various CRA projects, hereinafter called the "WORK"; and WHEREAS, this Agreement shall be considered a continuing contract as described under Section 287.055(2)(g), Florida Statutes; WHEREAS, the CRA has investigated the qualifications of the CONSULTANT to perform the WORK herein contemplated and found them satisfactory, and WHEREAS, the CONSULTANT has examined the scope of the WORK required hereunder and has expressed its desire and willingness to provide such design and professional services and has presented his qualifications to the CRA in support of such expressed desires; and WHEREAS, as a result of the aforementioned, the CRA agrees to enter into this Agreement with the CONSULTANT; and WHEREAS, the CRA Board has approved the selection of the CONSULTANT to perform such services, and the CONSULTANT agrees to accept employment upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CRA agrees to employ the CONSULTANT for an unspecified term commencing on the Effective Date as defined herein, and the CONSULTANT agrees to perform all design and professional services in connection with the WORK, as described herein, for the total duration of this Agreement, upon the following terms and conditions; namely; SCOPE OF SERVICES. The CONSULTANT shall provide the following services as necessary and applicable on a continuing or rotating basis at the sole and absolute discretion of the CRA: 1. General Architectural Services — consulting and design services including conceptual, schematic, design development, construction documents, and/or construction administration for public buildings, as well as affordable housing projects and adaptive re -use and restoration of existing buildings with historic character. 2. Landscape Architecture — consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration for landscape and hardscape of public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights -of - ways and easements. I Civil En ineerin -- consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration for various projects that require paving, storm drainage, sanitary sewer, potable water, fire protection and other related improvements for public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights -of -ways and easements 4. Traffic Engineering — general traffic consulting and/or construction administration as well as conduct various traffic, trip generation, parking and other similar studies for possible future projects, or to evaluate existing conditions and project future need. 5. Marine Engineering — design, construction and/or construction administration of improvements to the CRA marina property as well as other marine -related tasks. 2. GENERAL PROVISIONS. 1. The CONSULTANT and CRA will negotiate a mutually agreeable separate agreement including a Scope of Work and/or Notice to Proceed to encompass CONSULTANT'S services on as as -needed basis for each project the CRA desires to use CONSULTANT'S services. Any such separate agreement shall be subject to the limits of Section 287.055, Florida Statutes. 2. The CRA reserves, at all times, the right to perform any and all design and professional services or work with other design professionals. This Agreement does not confer on the CONSULTANT any exclusive rights to CRA work, nor does it obligate the CRA in any manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the GRA outside of this Agreement 3. The parties agree that any future agreement for each individual project will incorporate a fee structure, as outlined in the applicable Request for Qualifications, based upon a Lump Sum Fee or an Hourly/Not to Exceed Fee. 4. The CRA agrees that it will furnish to the CONSULTANT plans and other relevant available data in the CRA files pertaining to the work to be performed as soon as possible after execution of each separate agreement and/or issuance of each Notice to Proceed. 5. The CONSULTANT shall assist the CRA to develop a program which shall set forth the CRA's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. 6. The CRA, with the assistance of the CONSULTANT if requested, shall establish an overall Budget for each individual project, including the construction cost (the total cost or estimated cost to the CRA of all elements of each project designed or specified by the CONSULTANT), architectural and other sub - professional fees, relocation costs, on- and off-site improvements, the CRA's other costs and reasonable contingencies related to all of the costs. The CONSULTANT shall endeavor to design the necessary improvements within the CRA's budgetary constraints. However, CONSULTANT does not guarantee its design will be within CRA's budgetary constraints. CONSULTANT shall be compensated by CRA for any additional services necessary as agreed to between the parties to perform any re -design services if construction bids exceed CRA's budgetary constraints. Evaluations of the CRA's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the CONSULTANT, represent the CONSULTANT's best judgment as a design professional familiar with the construction industry. it is recognized, however, that neither the CONSULTANT nor the CRA has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the CONSULTANT cannot and does not warrant or represent that bids or negotiated prices will not vary from the CRA's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the CONSULTANT. 7. The CONSULTANT will submit a proposal upon the CRA's request prior to the issuance of an individual project agreement, Scope of Work and/or Notice to Proceed. No payment will be made for the CONSULTANT's time and services in connection with the preparation of any such proposal. 8. The CRA agrees to designate, when necessary, a representative who shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANTS services. 3. TERMINATION. This Agreement shall operate as a continuing contract until either party terminates this Agreement with or without cause by providing written notice to the other party at least thirty (30) days prior to requested termination date. 4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT for any work shall be commenced upon written Notice to Proceed from the CRA and shall be completed within the time based on reasonable determination, stated in the Notice to Proceed. 5. COMPENSATION. The CONSULTANT agrees to negotiate an "hourly rate" fee or an hourly fee with a "not to exceed" upper limit or a lump sum amount (or a combination of the above) for WORK assigned to CONSULTANT based on the Scope of such WORK. Upon agreement of a fee, the Executive Director of the CRA or his/her designee will issue a written Notice to Proceed to the CONSULTANT. The fees for Professional Services for each phase of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CRA and the CONSULTANT and incorporated into the individual project Agreement and/or Notice to Proceed. 1. Hourly Rate Fee: The CRA agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement a fee based on direct labor costs times a factor of 3.0. (The CRA will issue a purchase order for the work which will contain an estimate of total fees. Increases to original purchase orders or new purchase orders will be issued as required to allow continuation of the work.) 2. Not to Exceed Upper Limit: In cases where the scope of work can be readily defined and the level of contingency can be estimated, the CRA and the CONSULTANT will attempt to agree on an upper limit for the hourly work. Hourly rate fees will be paid for the time worked and billed up to the limit of the agreed upon "Not to Exceed" fee. The "Not to Exceed" limit will be negotiated with the CONSULTANT based upon his estimate of time and contingencies. 3. Lump Sum Fee: If this is the agreed upon option, the CONSULTANT agrees to negotiate a "Lump Sum Fee" for a particular assignment when the WORK can be clearly defined. The "Lump Sum Fee" shall be paid for the percent of work completed including expenses and services of subconsultants. The negotiated "Lump Sum Fee" will include all wages, benefits, overhead, profit, and expense for the WORK and will not be increased unless there is a change in the Scope of WORK. 4. Special Subcontracting Consultants: For services and reimbursable expenses of special subcontracting consultants employed by the CONSULTANT, CRA shall pay CONSULTANT the amount billed to CONSULTANT. Coordinating fees of the CONSULTANT shall be included in the "Lump Sum Fee." Hourly rate contracts will pay for actual hours spent. If a subconsultant is added after negotiation of a "Lump Sum Fee," a 10% coordinating fee may be added to the subconsultant's fee upon written approval by the CRA. 5. For Reimbursable Expenses: A list of the allowable reimbursable expenses are detailed in Exhibit "A." No payment will be made for items not on the Exhibit. 6. PAYMENT. The CRA will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month within thirty (30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the Executive Director or his/her deisgnee and provide the following information: The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Total Contract amount. b. Percent of work complete. c. Amount earned. d. Amount previously billed. e. Amount due this invoice. f. Summary of work done this billing Period. g. Invoices number and date. h. Purchase Order number. 7. OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CRA without restriction or limitation in connection with the owners use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be at the CRA'S sole risk and without liability and any legal exposure to the CONSULTANT. 8. COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CRA, except in consideration of additional compensation, and except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon receipt of written authorization from the Executive Director prior to performance of a court appearance and conference. 9. AUDIT RIGHTS The CRA reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. 10. SUB LETTING/ASSIGNMENT The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CRA. 11. DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify such party in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CRA within ten (10) days after notice that said sums are due. 12. INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until it has obtained ail insurance required under this Agreement and such insurance has been approved by the CRA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CRA's representative. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CRA's representative, Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as CRA's review or acceptance of insurance maintained by CONSULTANT, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSULTANT under the contract. By virtue of this Agreement, CRA's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. a. PROFESSIONAL LIABILITY CONSULTANT shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $25,000 the CRA reserves the right, but not the obligation, to review and request a copy of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims -Made" basis, CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this contract felies ateof ln theevent shalt specr'fy;_.Retro date a - Full prior acts coverage the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims - made basis and must indicate the amount of any SIR or deductible. b. COMMERCIAL GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WORiICERSCOMPENSATION CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. CONSULTANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non -owned and hired automobiles. In the event CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non -Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall agree this coverage shall be provided on a primary basis. CONSULTANT shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. c. UMBRELLA OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest `Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The CRA shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow -Form" basis. d. ADDITIONAL INSURED CONSULTANT shall agree to endorse the CRA as an Additional Insured to the Commercial General Liability. The Additional Insured endorsement shall read "Boynton , Beach Community Redevelopment Agency." (Project ). CONSULTANT shall agree the Additional Insured endorsements provide coverage on a primary basis. e. WAIVER OF SUBROGATION CONSULTANT shall agree, by entering into this Contract, to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre -loss agreement to waive subrogation without an endorsement, then CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONSULTANT enter into such an agreement on a pre -loss basis. f. CERTIFICATE OF INSURANCE Immediately following notification of the award of this Agreement, CONSULTANT shall agree to deliver to the CRA a Certificates) of Insurance evidencing that all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non -renewal of coverage. g. RIGHT TO REVIEW CRA, by and through its Risk Management Office, in cooperation with the contracting/hiring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Contract. CRA reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. The CONSULTANT shall indemnify and save harmless and defend the CRA, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and/or causes of action including reasonable attorneys' fees, to the extent they may arise from any breach of contract or any negligent act, error or omission of the CONSULTANT its officers, employees, agents, sub -consultants or anyone acting their authority and control in the performance of this Contract. The indemnity obligations of this agreement shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of GRA, or its officers, employees, agents, or third parties. 13. CODES, ORDINANCES AND LAWS. The CONSULTANT agrees to abide and be governed by all CRA, County, State and f=ederal codes, ordinances and laws which may have a bearing on the WORK involved on this project. Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. 14. HAZARDOUS SUBSTANCES. Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services to be entered into. In any event, CONSULTANT shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. CONSULTANT'S services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The CONSULTANT shall notify the CRA of hazardous substances or conditions not contemplated in the scope of services of which the CONSULTANT actually becomes aware. Upon such notice by the CONSULTANT, the CONSULTANT will stop affected portions of its services. The parties shall decide if CONSULTANT is to proceed with testing and evaluation and may enter into further agreements as to the additional scope, fee, and terms for such services. 15. ENTIRETY OF AGREEMENT. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 16. MODIFICATION OF AGREEMENT. No alteration, change, or modification of the terms of this Agreement shall he valid unless made in writing and signed by both parties hereto, upon appropriate action by the CRA. 17. MEDIATION. The parties to this Agreement desire to avoid the expense and delay caused by the filing of lawsuits. Therefore, it is agreed that in the event of any dispute or disagreement between the parties that a jointly -selected mediator shall conduct a mediation in an effort to resolve the issue(s) with each party to pay 50% of the mediator's fees. 18. VENUE. In the event any disputes arising out of this Agreement cannot be worked out by mediation, any and all lawsuits shall be filed in the 15" Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court. 19. ATTORNEY'S FEES AND COSTS. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reaspnable attorney's fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 20. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 21. PRIOR AGREEMENTS. Any prior agreements between the parties that are in conflict with the provisions contained herein are, to the extent of any such conflict, hereby superceded and repealed by this Agreement. 22. NON-DISCRIMINATION. The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. 23. SEVERABILITY, If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 24. ASSIGNMENT OF SUBCONTRACTORS, The CONSULTANT reserves the right to assign subcontractors with reasonable prior notice to the CRA Executive Director to this project to insure the quality of the job as well as on-time completion. However, the CONSULTANT shall remain responsible for the completion of the terms of this Agreement. En 25. NOTICE. All notices required in this Agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Lisa A. Bright, CRA Executive Director Boynton Beach Community Redevelopment Agency 14 9/5'.5. Fo,Dev I Awl. Boynton Beach, FL 33435 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, FL 33401 If sent to the CONSULTANT, shall be mailed to: Kimley-Horn and Associates, Inc. R. Russell Barnes, III, P.E. 5200 N.W. 33`d Avenue, Suite 109 Ft. Lauderdale, Florida 33309 26. PUBLIC ENTITY CRIMES SWORN STATEMENT. The CONSULTANT, by its execution of this Agreement, acknowledges and attests that neither the CONSULTANT, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the CRA, is a convicted vendor or, if the CONSULTANT or any of its affiliates has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. CONSULTANT further understands and accepts that this Agreement shall be either voidable by the CRA or subject to immediate termination by the CRA, either in the event there is any misrepresentation or lack of compliance with the mandates of section 287.133, Florida Statutes. CRA, in the event of such termination, shall not incur any liability to CONSULTANT for any work or materials furnished. 27. EFFECTIVE DATE. This Agreement shall be effective as of the last date it has been executed by all parties. 2 By authority of the CRA Board WITNESS: 'go WIT SS: WITNESS: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: - V Print me: to ®2 Its: �ihalrperSO)'f�� r � Date: APPROVED AS TO FORM & LEGAL SUFFICIENCY: CRA Att ey 1ACfient Documents%Boynton Beach CRA12419-OOOIAgreements\Continuing Contract - Design & Professlonal Services - Kimley HornAcc 12 ®®® KimleyHorn and Associates, Inc. Hourly Rate Schedule Boynton Beach CRA Current Rates 111/2008 Support Staff 57.50 To 82.50 Technical Support Senior Technical Support Professional Senior Professional Principal 70.00 To 125.00 105.00 To 170.00 90.00 To 170.00 165.00 To 245.00 240.00 To 280.00 KABCD_Roadwayi MarketinglBoynton CRAIContractVate schedule—Exhibit A BRS89 08 PM.xls CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.11-11. SUBJECT: Consideration of the Standard Rental Agreement and Rules and Regulations for the Historic Woman's Club of Boynton Beach SUMMARY: On December 12, 2017, the CRA Board approved the draft Rules and Regulations Manual for the newly acquired Historic Woman's Club of Boynton Beach (HWCBB) located at 1010 S. Federal Highway (see Attachment 1), subject to final review by legal counsel. The draft Manual was developed based on Board direction and research of best management practices of other similar venues in the area. These guidelines include but are not limited to provisions for reservations, rental fees and additional service fees, catering and liquor policies, parking and valet, insurance coverage, and general use and care of the facility. Additionally, the Manual may be administratively updated by staff as the needs, laws, or policies are approved or adopted by the City of Boynton Beach, Boynton Beach CRA, State and/or Federal Government. The attached Rules and Regulations Manual has been approved by the Board Attorney and is presented for Board consideration (see Attachment 11). In conjunction with the Rules and Regulations Manual, staff also received direction to work with the Board Attorney to develop a standard Rental Agreement for the HWCBB to streamline the event booking process and eliminate the need for the Board's approval for each event. The rental agreements contain event information such as rates, deposits, cancellation and refund, insurance, and other requirements necessary to protect the CRA's public interest and investment. Similar to the operations and management of the Boynton Harbor Marina, staff recommend periodic review and update of the standard Rental Agreement and fee schedule every two years, subject to Board approval. The standard Rental Agreement has been reviewed by legal counsel and is attached for Board consideration (see Attachment 111). FISCAL IMPACT: FY 2017-18 allocation includes $200,000 for Capital Improvements and Renovations, Budget Line Item Account 02-58200-404 and $90,000 for Property Maintenance Costs, Budget Line Item Account 01-5120-209 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan: Historic Properties and Federal Highway District, 2010 Downtown Vision and Master Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Approve the Rules and Regulations Manual and standard Rental Agreement for the Historic Woman's Club of Boynton Beach as presented. 2. Do not approve the Rules and Regulations Manual and standard Rental Agreement for the Historic Woman's Club of Boynton Beach as presented. 3. Approval of alternative terms, conditions or modifications to the Rules and Regulations Manual and standard Rental Agreement based on Board Direction. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II - DRAFT Rules and Regulations for the HWCBB D Attachment III - Draft Standard Rental Agreement for HWCBB LO W 0 co Ol m ht D UJ LU 7t m o U70 < & m cl Cb LO W 0 co Ol m The Historic Woman's Club of Boynton Beach RULES AND REGULATIONS MANUAL Owned and Operated by the Moy To, 1:5 N N } B EAC C RA, UUFy[bLiPIIiI TABLE OF CONTENTS GENERAL ADMINISTRATION..........................................................................3 FACILITY USE POLICIES...............................................................................3 Reservations.......................................................................................4 General Conditions...............................................................................4 STAFFING/VENDORS....................................................................................8 CATERING POLICY.......................................................................................9 Catering Kitchen Overview....................................................................9 Clean i ng/Access/Usage .........................................................................9 Facility Equipment and Furnishings.......................................................10 REGULATION OF ALCOHOL SERVICE POLICY................................................11 Introduction.......................................................................................11 Policy................................................................................................11 FACILITY RENTAL FEES...............................................................................13 AdditionalFees..................................................................................13 Page 2 of 14 GENERAL ADMINISTRATION The Historic Woman's Club of Boynton Beach (Facility) is available for rent throughout the year from the Boynton Beach Community Redevelopment Agency (CRA). The Facility may be reserved each year for events produced by the CRA. The CRA events are subject to change at the discretion of the CRA. Please check with CRA staff or designee for general availability. A meeting maybe required prior to approval to discuss the reservation request. Viewing the Facility is by appointment only. Please contact the CRA at (561) 369-2300 or via email at WomansClubp_bbfl.us. CRA Office Hours: Monday -Friday 8:30 A.M. to 5:30 P.M. The CRA Office is closed on weekends and holidays. For purposes of this Rules and Regulations Manual and for any Rental Agreement, the term "Facility" includes the grounds, improvements, and all other property associated with the Facility, FACILITY USE POLICY The CRA welcomes organizations and individuals, hereinafter referred to as "a Renter," to reserve the Facility for public or private meetings and specific events/activities. The purpose of this policy is to provide guidelines specifically for the use of the Facility. This policy establishes the procedures to (1) reserve the use of the Facility; (2) provide for proper care of the Facility; and (3) ensure that the Renter's activities do not conflict with the Facility purposes and activities, state or federal laws, local ordinances, or policies adopted by the CRA. The first priority for reserving the facility will be given to the CRA. Charges and fees will be assessed for use of the Facility and will vary according on the Renter's address (local or non -local), amount of space required, date of the event, related services needed for the event and the organizational type of Renter (non-profit, civic, individual, for-profit). In order to preserve and protect the Facility and its guests, the CRA may, at its discretion, require the Renter to obtain additional security, custodial, or technical services based on the event. Fees for these services will be the responsibility of the Renter. The CRA does not discriminate on the basis of race, sex, color, religious affiliation, age, or national origin. Groups or organizations using the Facility may not deny admission to their activities based upon race, sex, color, religious affiliation, age, or national origin. Approval to use the Facility is not an endorsement by the CRA of the Renter's organization or group. Page 3 of 14 Reservations 1) Reservations for Facility use shall be effectuated through a written Rental Agreement (the Agreement) only, are subject to availability of requested date, and shall be granted on a first-come, first-served basis. All events will begin and end at times specified in this document and Agreement. The Renter will be responsible to ensure that the event ends on time. Additional fees will be assessed, or deducted from any refundable deposit, for failure to vacate the Facility within the scheduled time. A completed Rental Agreement may be delivered to the CRA or emailed to WomansClub(a_bbfl.us. 2) Individuals or organizations may rent the Facility for private functions; proof of residency/business location is required to rent the Facility at the "local" rate. 3) The CRA reserves the right to deny rental to any individual or organization which, in the opinion of the CRA, would be detrimental to the care of the Facility, safety of event attendees or reflect negatively on the CRA or Facility but will not deny rental on the basis of race, sex, color, religious affiliation, age, or national origin. 4) No space/date shall be held as a confirmed reservation for an event or placed on the Facility calendar until the Rental Fee Deposit is paid to the CRA. 5) Rental of Facility on holidays observed by the CRA may be subject to staffing availability. 6) Contracts must contain a legal signature of an adult (21 years and older), who shall be considered the Renter if the Renter is not an organization. If the Renter is an organization, the person signing the Agreement must be authorized to do so by that organization. The person signing the contract must be in attendance throughout the entire event. Renter is legally responsible for making sure all procedures are followed. It shall be the responsibility of the Renter to properly care for the Facility and all associated property. Renter is responsible for any and all damage to the Facility caused as a result of the event or his/her/its guests. 7) A Rental Agreement with a Renter may not be transferred or assigned to any other person or group without the approval of the CRA staff or designee. 8) Renter will identify the Facility in use by the full -specified name, i.e. the "Historic Woman's Club of Boynton Beach" on all printed material and advertising. No advertising or publicity of any nature may state or imply that CRA or Facility is responsible for Renter activities during the period of use. General Conditions 1) Renter understands and agrees that CRA does not relinquish the right to control the 00916719-1 Page 4 of 14 management of Facility. The CRA retains the right to enforce all necessary laws, rules and regulations during an event. All CRA authorized personnel may enter the part(s) of the building being used and any other unused part(s) of the building at any time, including during any event, without restriction whatsoever. The Facility, including the space that is being used and all parking areas, will be at all times under the control of the CRA. 2) Renter and their guests must at all times conduct their activities with full regard to public safety and shall at all times abide by directives of the CRA staff, their representative(s), or any other duly authorized governmental official responsible for public safety. Failure to do so will result in immediate cancellation of the event and ejection from the Facility. 3) Renters and their guests shall not enter any area of the Facility not covered by the Rental Agreement. 4) The CRA reserves the right to withhold all or a portion of the Facility Damage Deposit and/or close an event if it determines that the Renter has misrepresented information on the Rental Agreement or related documents. Examples of such misrepresentations include, but are not limited to- failure to disclose the true nature of the event; exceeding the reported number of guests; and failure to report the sale or service of alcohol. 5) Access to the Facility is only allowed on the day of the event unless otherwise specified in the Rental Agreement. No access is permitted to the Facility prior to or after an event without advance permission of the appropriate CRA staff member or designee. 6) Music at the function/event must cease at 11.30 pm. The club building must be quietly vacated by 12.00 A.M. (midnight) due to proximity of a residential area. 7) The CRA assumes no responsibility for the property of any Renter or event attendee while it is located at the Facility, and is not responsible for holding or returning any property left at the Facility. CRA does not provide storage. Please make arrangements to remove all items and decorations at the conclusion of each event. CRA staff or contractor will dispose of any items left from events and a service charge may be applied for such removal and may be deducted from any refundable deposit. 8) All exit doors must remain operable and no part of any hallway, corridor or exit within or outside of the Facility may be used in a way that obstructs its use as an exit. No doors may be propped open at any time. 9) If the Renter or an attendee of Renter's event sets off the fire alarm purposefully when it is not necessary to do so or as a result of any unapproved activity, the Renter 00916719-1 Page 5 of 14 will be responsible for any costs or fines which result. 10) All tobacco products and electronic cigarettes (including vape pens) are prohibited on CRA property, including the Facility. 11) Firearms and weapons are not permitted at the Facility. 12) Gambling activity is prohibited in the Facility. 13) Political distribution of candidate or other political literature is prohibited unless the activity is part of a fundraising event held at the Facility subject to a Rental Agreement. 14) Hanging items- The use of bolts, staples, screws, nails, hooks, tacks, tape or similar fasteners or attachment to hang banners, posters, etc. on any wall, floor, ceiling, windows or doors is strictly prohibited. Renter may not hang anything from the fans or ceiling/rafters at any time. There are hooks and rods in the ceilings of the ballroom and the dining room specifically for this. Anything that needs to be removed from any walls will be done by the CRA. Nothing shall be attached or affixed in any way to the murals on the stage or in the dining room. 15) The use of confetti, bubbles, and the like are strongly discouraged and may cause the Renter to incur additional cleaning charges. Birdseed, rice, glitter, colored powders, silly string, fireworks (including sparklers), open flame candles (battery operated candles are permitted), or grills are not allowed. 16) Only Sterno -style heating elements used by an approved caterer are allowed to heat or keep food warm outside of the kitchen. 17) Live plants are subject to approval by CRA staff or designee. Silk and fresh cut flower arrangements are allowed. Plant saucers or waterproof wrapping must be provided by Renter on any plant, palms, or trees brought into the Facility by Renter and/or Renter's Caterer or attendees of the event. 18) No animals or pets (other than service animals) will be permitted inside the Facility unless pre -approved by the CRA staff or designee. 19) The CRA includes the use of tables and chairs in the rental price. Tables and chairs already in the room are to be arranged by the Renter. The rental fee does not cover the breakdown and storage of tables and chairs. No furniture will be moved from one floor to another by Renter. If this is needed, a floor plan will be requested and applicable set up/break-down fee will be charged. The Library table is not to be moved at all. Renter, Renter's caterer or other contractor, and/or attendees to Renter's event shall not remove tables, chairs or other equipment from the Facility. No tables and/or chairs are available for loan for off-site functions. 00916719-1 Page 6 of 14 20) All other items to facilitate the event must be provided by Renter. 21) Standing on tables, chairs, and all Facility furniture is strictly prohibited. 22) For large events, Renters will be allowed extra time the following morning to remove the remainder of party effects, but everything must be gone by 10 am morning following the event, or a designated time approved by the CRA; otherwise $100 charge per hour will be assessed. 23) Renters are advised that the City of Boynton Beach has a sign ordinance. Any fines that result from illegal signage placed by the Renter will be the responsibility of the Renter. The use of all temporary signs or banners must be discussed and approved by the appropriate CRA staff or designee and the Renter must obtain a temporary signage permit if required by the City of Boynton Beach. 24) Operation, repair or service of audio-visual, sound, lighting and any other equipment brought into the Facility by the Renter is the sole responsibility of Renter. 25) No artwork can be removed or covered during any function. 26) Destruction or defacing of any CRA property or artwork will result in additional charges for repairs or replacement. 27) All garbage is to be put outside and the covers on the garbage pails closed. 28) Parking: The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required seven (7) days prior to the event. Page 7 of 14 29) The Kitchen area utilized by Renter or Renter's caterer is subject to the Catering Policy. It is the responsibility of the Renter to ensure that the caterer is aware of these requirements. 30) Alcohol may only be served or sold after receiving written pre -approval from the CRA, and subject to any restrictions imposed by the CRA and in compliance with the Facility's Regulation of Alcohol Service Policy. No brown bagging or "bring your own" permitted. STAFFINGIVENDORS 1) The CRA staff member(s), or designee, serving as the Event Manager is required to be on site for all events held in the Facility. Staff are on site to provide access to the Facility and are available to assist in making events successful. Staff members on duty are not responsible for resetting tables/chairs or providing post -event cleanup services. Those services will be arranged in advance and applicable fees will be the responsibility of the Renter. Please inform the CRA staff or designee on duty of any requests or needs that might arise, or in the event of an emergency. Additionally, the Event Manager has the full authority of the CRA to request the Renter and Renter's attendees maintain order. If the Event Manager feels that decorum or behavior is not maintained and the situation has become unmanageable, he/she is authorized to call the police to the Facility. 2) All events must be appropriately staffed according to the type of event. Specialty staffing can include, but is not limited to the following: lighting technician, sound technician, security, and custodians. 3) Applicable fees for security will be the responsibility of the Renter. The Renter may be required to hire a Palm Beach County Sheriff's Officer, a City of Boynton Beach Page 8 of 14 Police Officer, or other CRA -approved security provider based on the use of the Facility, the anticipated duration of the event (including set-up and breakdown time), the number of people anticipated to be in attendance, the activities to occur at the event, whether food will be served, whether alcohol is served, and any other factor related to the security of the Facility and surrounding areas. The number of security personnel for an event shall be determined by the CRA staff or designee. 4) While the CRA does not require Renter to utilize preferred vendors, outside vendors must be approved by the CRA staff or designee prior to event. CATERING POLICY The Facility does not provide in-house catering. It is the Renter's responsibility to sign and enter into a separate agreementwith the caterer. All caterers must provide the Facility with proof of a current permanent permit issued by the Florida Department of Health before operating on the Facility premises. This document must be received sixty (60) days prior to event. If the caterer is serving alcohol, they must provide a copy of all appropriate alcohol permits required by the State of Florida sixty (60) days prior to the event. Catering Kitchen Overview 1) The caterer is responsible for acquiring and providing all necessary supplies for both serving and cleaning, including, but not limited to, paper towels, dishcloths, dish towels, hand soap, dish detergent, etc. The CRA does not supply any of these items. 2) All food and beverage brought into the Facility must be in closed containers, covered and with paper, plastic or cloth lids. 3) Ice chest(s) or any food coolers sitting on the floor must have plastic under them. The center does not have an ice machine and the Renter or Renter's caterer may need to provide ice for large events. 4) Because the kitchen is only a warming kitchen, all foods must be fully cooked before being brought into the Facility. Please do not place fish in the refrigerator. 5) Food preparation cannot include any open flame cooking inside the Facility. Sterno is the only heating element to be used inside the Facility. 6) Tables must be covered when food or drinks are being served. Cleaning/Access/Usage 1) Counter tops, food preparation tables, and food service carts should be thoroughly cleaned after each use. Page 9 of 14 2) All floors must be swept and mopped (brooms, dustpans and mops are provided). Cleaning solutions must be provided by CRA. All trash must be bagged and put outside; recycling must be separated and placed in outdoor receptacles. Do not use bleach on floors. 3) All food products or empty food containers brought into the Facility by the Renter MUST be removed from the Facility at the conclusion of each event. No items may be stored overnight without prior permission. 4) At the conclusion of each event, it is the responsibility of the Renter or caterer to thoroughly clean any equipment used, including counter tops, microwaves and warmers. Please remember to turn OFF all appliances, except the refrigerator, before vacating the Facility. 5) Access to the kitchen is only allowed on the day of the event during rented hours. No access is permitted to the kitchen or any other area prior to or after an event without permission from the appropriate CRA staff or designee. 6) Should the event require the delivery of bulk food items, plates, linens, etc. prior to the event, such deliveries must be arranged in advance with the CRA staff or designee. The CRA will not unload, sign for, or accept deliveries from third parties. 7) Should the event require beverage delivery, alcohol or otherwise, please make arrangements with the appropriate CRA staff or designee for a delivery time and make provisions to have a designated person on site to receive the delivery. 8) It is the responsibility of the Renter, caterer, and bartender to keep the kitchen area clean and organized neatly during all events. Facility Equipment and Furnishings 1) If any loss or damage to CRA property occurs as a result of the event, the Rental Agreement, or otherwise related to the Renter's actions or inactions, the Renter shall be responsible for compensating the CRA for all such loss or damage. The CRA shall determine, in its sole discretion, whether the damaged property is to be repaired or replaced. Any refundable deposit held shall be applied to the cost of repair or replacement, and additional costs to repair or replace lost or damaged items in excess of deposit shall be paid by Renter. All repair and replacement shall be conducted or contracted for by the CRA, and Renter shall not attempt to repair, replace, or hire another to repair or replace any damaged property without the prior, express, written permission of the CRA. 2) Facility tables and chairs are for use inside the building only. 3) Additional furniture required for an event must be approved by the CRA staff or 00916719-1 Page 10 of 14 designee. The cost of the additional furniture must be paid directly to the supplier by the Renter. 4) Any equipment rented from an outside source must be removed at the end of the event. Renter will be required to pay the cost of removal if necessary. The CRA is not responsible for any items rented or brought in from an outside vendor/supplier. 5) The CRA will not lend any furniture for matters occurring away from the Facility. 6) The CRA does not provide storage of any kind within the Facility. REGULATION OF ALCOHOL SERVICE POLICY Introduction Policies and procedures governing the service of alcohol in the Facility must be followed by Renter, Renter's event/attendees, Renter's staff or members, Renter's caterers, and all others using/attending an event in the Facility. Illegal and/or abusive alcohol practices will not be tolerated. All laws of the United States government or state of Florida regarding alcohol, including licensing requirements, will be followed. Approved service (including sale) for alcohol is restricted only to events held at the Facility in designated areas. Policy Renters, both organizations and individuals, may request to provide alcohol service. In order to provide alcohol services, the Renter must adhere to the following: 1) Renters will submit a completed "Application to Provide Alcohol Services" to the CRA if alcohol is sold for consumption on the premise. An application and more information can be found at the Florida Division of Alcoholic Beverages and Tobacco- http://www.myfloridalicense.com/DBPR/abt/ABT-Licenselnformation.html 2) Renter will submit a copy of a liability insurance policy showing liability for any matters arising from serving alcohol. The liability policy shall meet the minimum value of required coverage and will name the CRA and the Facility as additional insured. The Renter will assume all liability and will execute a hold harmless agreement in favor of the CRA and Facility. The certificate of liability insurance must be submitted to the Facility no later than ten (10) days prior to the scheduled event. 3) All alcohol will be served by an approved certified bartender and/or licensed insured caterer if alcohol is sold for consumption on the premise. All bartenders and caterers must provide documentation for certification or license, and bond and/or insurance. 00916719-1 Page 11 of 14 4) A non-profit organization may sell beer and wine at a single fund-raising event of that organization. Renter must obtain a Special Permit for Sale of Alcohol from the Special Permit from the Florida Division of Alcoholic Beverages and Tobacco and include liquor liability coverage in the required liability insurance policy. The Renter may then contract with a certified bartender/caterer to sell the beer and/or wine at a single fund-raising event. Bartender must provide proof of certification no later than ten (10) days prior to event. If a non-profit organization contracts with a caterer for bartending services, caterer must provide proof of Florida license and liquor liability insurance no later than ten (10) days prior to event. 5) No alcohol will be offered on a self-service basis. No brown bagging or "bring your own" is permitted. 6) Events where alcohol is served may be required to have one or more uniformed security officers present. Cost for officers on duty will be the responsibility of the Renter. The CRA staff or designee will determine the number of officers required. 7) The certified bartender and/or licensed insured catererwill be responsible for limiting alcohol consumption to legally allowable limits. 8) The certified bartender and/or licensed insured caterer shall not serve alcohol to any person under twenty-one (21) years of age, to any CRA staff or designee or hired staff working the event, and must require proper identification prior to service. 9) All alcohol service (including all sales) will stop 30 minutes prior to the end of event. 10) The CRA has the right at any time during an event to stop the service (including sale) of alcohol if the CRA staff or designee deem necessary. CRA staff or designee reserves the right to eject or cause to be ejected from the premises any intoxicated or any disorderly person(s), and neither the CRA, the City of Boynton Beach nor any of its officers, agents or employees shall be liable for any damage that may be sustained by the Renter by the exercise of such right. Page 12 of 14 FACILITY RENTAL FEES Venue Space (including Kitchen) Day of Event Non -Local Local Total Weekend $750 $675 Non -Weekend $500 $450 Weekend $2,250 $2,025 Non -Weekend $1,500 $1,350 $100 Weekend $3,000 $2,700 Non -Weekend $2,000 $1,800 The following entities are eligible to rent the Facility: Local Individual: An individual whose home address is located within the City limits of Boynton Beach. Residency is subject to verification by staff. Non -local Individual: An individual who does not reside within the City limits of Boynton Beach. Non-profit: A business entity that is granted tax-exempt status by the Internal Revenue Service. Civic: A government entity, service club, fraternal/sorority society, or association operating for educational or community purposes. For-profit: A business entity that aims to earn profit through its operations and is concerned with its own interests and not those of the general public Additional Fees SET-UP/BREAK-DOWN AND CLEANING FEES Venue Space Set -Up and Break- Cleaning Pre- and Total (including Kitchen) Down Post -Event (tables and chairs) 1St Floor East Side $100 $200 $300 1St Floor West Side $100 $200 $300 Page 13 of 14 2nd Floor $200 $400 $600 Entire Building $400 $800 $1,200 MISCELLANEOUS FEES Staffing $25/hr. Pre- and post- event access $50/hr. By my signature, I agree to comply with all rules, regulations, laws, ordinances of the City of Boynton Beach and CRA policies in regard to the rental and/or use of the Facility. Print Name of Renter: Signature of Renter: Date: Page 14 of 14 E HISTORIC WOMAN'S CLUB OF BOYNTON BEACH RENTAL AGREEMENT This Rental Agreement ("Agreement") is hereby made by and between the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (the "CRA") and ("Renter") (individually referred to as a "Party" collectively referred to as the "Parties"), for the rental of the Historic Women's Club of Boynton Beach (together with all associated property and grounds, the "Facility.") 1) Renter's Information: (Print all information. All blank spaces must be completed.) Renter's Name Point of Contact (Name Renter's Address City Phone No. Email Address State Alternate Phone No. Zip Purpose/Intended Use for Rental ("Event") Renter is (check all that apply) Individual Civic Non-profit For Profit 2) Event Details. The Event will take place during the following date(s) and time(s). Date(s): Time(s) (indicate A.M. or P.M.): Time In Event Start Time End Time Time Out Approximate Number Attending Event: Over 18 yrs old Under 18 yrs old Describe Event List Equipment Needed Page 1 of 8 Will alcohol be served? Yes No *READ THE ALCOHOL POLICY CAREFULLY - THERE ARE NO EXCEPTIONS TO THIS POLICY. If alcohol will be served, please list bonded & licensed caterer/bartender that will service Event. (Required) Phone License 4 Bond and/or Insurance Policy 4 Will Food be served? Will you need the Kitchen? Caterer Name License 4 Additional Needs Yes No _Yes No Phone Bond and/or Insurance Policy # 3) Facility Information and Rates. The CRA will allow Renter to use the facilities selected below for the Event: 1st Floor only 2nd Floor only Entire Building The cost for the rental of such facilities shall be ("Facility Fee"). A complete list of venue spaces and associated rates is found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as Exhibit A. 4) Additional Services and Fee. The CRA will provide the additional services selected below for a total cost of ("Service Fee"). Set-up and break down Cleaning pre -Event and post -Event Access Access hours prior to the Event hours after the Event Staff members during the Event A complete breakdown of the costs associated with the Service Fee can be found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as Exhibit A. Page 2 of 8 5) Sales Tax. Florida state sales tax will be charged on the rental fee. Renters claiming exemption from sales tax must provide a copy of the Florida Department of Revenue Form DR -14 "Consumer's Certificate of Sales Tax Exemption." 6) Rental Fee. The total sum of the Facility Fee in Paragraph 3, the Service Fee in Paragraph 4, and sales tax in Paragraph 5 shall be the "Rental Fee." Rental Fee includes payment for the use of space, use of existing lighting and sound equipment, and the existing arrangement of tables and chairs. Payment must be made in cash, by money order, personal check, or by certified bank check made payable to the Boynton Beach CRA. 7) Rental Fee Deposit. Fifty percent (50%) of the Rental Fee must be received no later than three (3) days after execution of the rental agreement by the CRA in order to reserve the Facility for the Event. 8) Balance Payment. The remaining fifty percent (50%) balance must be paid ten (10) days prior to the Event. Failure to make balance payment will result in Event cancellation. 9) Security Fee. The Renter is / is not required to hire security based on Renter's representations in this Agreement and pursuant to the criteria outlined in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual. Security may be hired from the Palm Beach County Sherriff s Office, the City of Boynton Beach Police Department, or other CRA -approved security provider. 10) Facility Damage Deposit. In addition to the Rental Fee, Renter will pay a refundable deposit of $1,000 ("Facility Damage Deposit"). If the Event is cancelled, the Renter defaults, or this Agreement is otherwise terminated, the Facility Damage Deposit will not be refunded to the Renter unless otherwise provided in this Agreement. The deposit must be received no later than three (3) days after execution of this Agreement by the CRA. If the Facility Damage Deposit is to be refunded, the CRA will issue such refund within 30 days of the termination of the Agreement. 11) Care of Facility. The Renter is responsible for leaving the Facility in the same condition it was in prior to the Event. Any costs to the CRA for clean-up or for repair or replacement required because of damage to the Facility caused by the Event will be deducted from the Facility Damage Deposit. Any remaining Facility Damage Deposit will be refunded thirty (30) days after the Event. 12) Inspection. A pre -Event and post -Event walkthrough inspection will be conducted by CRA staff with the Renter. The cost of any and all damage to the Facility, including the equipment, and costs incurred as a result of rules violations will be deducted from the Facility Damage Deposit. Examples of damage and/or rule violations that will result in deduction from the Facility Damage Deposit include but are not limited to: floor stains; stains on walls; broken or missing furniture and/or equipment; defacement of any part of the interior or exterior of the building; damage created by improper use of equipment or non-compliance of facility rules; unauthorized use of the kitchen or other spaces at the Facility; unauthorized extension of Event hours; improper storage of equipment; or failure to properly clean the kitchen and other facilities used for the Event. Page 3 of 8 13) Parking. The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required seven (7) days prior to the Event. 14) Copyright. Renter will assume responsibility, including financial responsibility, for all cost, liabilities and claims that arise from the use of patented, trademarked, franchised, or copyright music, materials, devices, processes or dramatic rights used in or incorporated in the Event. The Renter agrees to indemnify and hold harmless the CRA from any claims, damages, or costs, including legal fees for all legal work including appeals, which might arise from questions of use of any material described above. 15) Alcohol. Renter assumes all liability for serving and consumption of alcohol. State and local laws apply with regard to serving alcohol and alcohol consumption. The Renter is responsible for obtaining any permits or licenses necessary to sell and/or serve alcohol. Permit and license documents shall be submitted to the CRA no later than sixty (60) days prior to the Event. If alcohol is provided at the Event, liquor liability insurance will be required. The CRA reserves the right to discontinue the service of alcohol at any time during the Event. 16) Cancellation. All cancellations must be reported in writing immediately to the CRA. In the Event of a cancellation sixty (60) or more days prior to the Event date, the Renter will receive a full refund of the Rental Fee, less an administrative fee of twenty percent (20%) of the Rental Fee. If a cancellation is made more than thirty (30) days but less than sixty (60) days prior to the Event, the Renter will receive a fifty percent (50%) refund of the Rental Fee. If an Event is scheduled less than 30 days prior to the Event date, the Rental Fee is not subject to a refund. No refund will be given if thirty (30) days' or less notice of the cancellation is given. The Event may be rescheduled one time if the Renter contacts the CRA in writing at least ninety (90) days prior to the original Event date and provided a mutually -agreed upon alternate date is available. Rescheduling requires a non-refundable payment in full of all Rental Fees at the time of rescheduling. 17) Emergencies: The CRA reserves the right to cancel or reschedule an Event at any time, with or without prior notice due to emergency or prohibitive circumstances over which it has no control, such as Acts of God, hurricanes, damage to the Facility that renders it unsafe or unusable, or war. If a facility rental must be cancelled due to an emergency, the Page 4 of 8 Renter may reschedule the Event at no additional charge, or will receive for a full refund of the Rental Fee. 18) Compliance with Rules and Regulations. Renter will comply with all Historic Woman's Club of Boynton Beach Rental Rules and Regulations, a copy of which is attached hereto as Exhibit A and hereby incorporated as if fully set forth herein. Failure to comply with any rule or regulation shall be a material breach of this Agreement and the CRA may, in its sole discretion, elect to terminate this Agreement as the result of such breach. 19) Default. The failure of the Renter to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Renter fails to cure the default within seven (7) days of notice from the CRA or prior to the Event, whichever is sooner, the CRA may terminate this Agreement. Nothing in this paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Renter's breach or default. 20) Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Renter from any cause whatsoever related to the Event or this Agreement, whether such damage or injury occurs before, during, or after the Event. The Renter hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Renter. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. The CRA shall not be liable to Renter for any other damages of any type that Renter may incur as a result of cancellation, default, emergencies, rescheduling or of termination of this Agreement. 21) Indemnification. The Renter shall indemnify, defend, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death and copyright or patent infringement, sustained by any person or entity whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the Event, or the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Renter or this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Renter to indemnify the CRA for the CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 22) No Transfer. The Renter shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without express, written, prior permission from the CRA. 23) Insurance. Renter will obtain the following insurance (select all that apply) Nonprofits/Business Entities: An existing general liability insurance policy. In addition, Renter must provide a certificate of liability insurance naming the CRA as additional Page 5 of 8 insured, with at least one million dollars ($1,000,000) in general liability coverage and at least one million dollars ($1,000,000) in an umbrella policy. If alcohol is served, the group shall provide a certificate of liability insurance naming the CRA as additional insured, with at least one million dollars ($1,000,000) in general liability coverage and at least two million dollars ($2,000,000) in an umbrella policy. For additional requirements, see Historic Woman's Club of Boynton Beach alcohol policy. Individual (Private Citizen) Medium/Large Event (over 60 people): Either an existing general liability insurance policy, or a "Special Event" policy with a certificate of liability insurance naming the CRA as additional insured, with at least one million dollars ($1,000,000) per occurrence in Special Event Liability coverage, with at least one million dollars ($1,000,000) in General Aggregate, and with at least two hundred fifty thousand dollars ($250,000) in Property Damage Liability Sublimit for the Historic Woman's Club of Boynton Beach. If alcohol is served, the group shall provide a Liquor Liability Coverage naming the CRA as additional insured, with at least one million dollars ($1,000,000) in general liability coverage and at least one million dollars ($1,000,000) in General Aggregate. Individual (Private Citizen) Small Event (up to 60 people): Insurance requirements may be waived at the discretion of the CRA Executive Director or his/her designee. In such cases, a Hold Harmless and Waiver of Liability form must be signed releasing the CRA from any and all liability. Additional insurance (e.g., insurance associated with serving alcohol) The Renter shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the Event, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COP') with the liability limit as described above. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Event or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of services performed by the Renter by or on behalf of the CRA or acts or omission of the Renter in connection with this Agreement. The Certificate must include the following additional insured language: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 If the Renter fails to provide evidence of insurance coverage within ten (10) days prior to the scheduled Event, the CRA may cancel the Event and the Renter will forfeit all rights to the refund of any monies paid to the CRA. Page 6 of 8 The CRA reserves the right to ensure and require that the insurance coverages provided by the Renter are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the Agreement, the CRA should determine that it is in its best interests to insist on an alternative insurance provider, it may do so and the Renter agree to comply with the CRA's decision. The CRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of an agreement and any extensions thereof. The CRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the firms' behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 24) No Discrimination. The Renter shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 25) No Partnership, Etc. The Renter agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. Itis specifically understood that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the Event. The Renter will exercise its own judgment in matters of safety for itself and attendees of the Event. The Renter attests that it possesses a current personal accident and or personal health insurance policy. 26) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by the Parties . All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 27) Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 28) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the Parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 29) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and Page 7 of 8 jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 30) Independent Advice. The Parties declare that the terms of this Agreement and all Exhibits have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 31) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties so long as the Parties' rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. To that end this Agreement is declared severable. 32) Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion and only as permitted by law, waive any requirement of the Renter contained in this Agreement. 33) Public Records. The Renter also understands that CRA may disclose any document in connection with this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 34) Compliance with Laws. In its performance under this Agreement, the Renter shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. 35) Effective Date and Termination. This Agreement will become effective at the date and time that the last parry signs this Agreement. This Agreement will automatically terminate after the Event and final payment is received by the CRA, whichever is later. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or reschedule the Event pursuant to this Agreement. 36) Survival. The provisions of this Agreement regarding the content of the Event, copyright, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. Authorized Representative Printed Name Signature Date Please return the completed agreement to: CRA Executive Director c/o Historic Woman's Club of Boynton Beach 710 N. Federal Highway Boynton Beach, FL 33435 Phone (561) 737-3256 FOR OFFICE USE ONLY Reviewed by: Approved: Notes: Date: Page 8 of 8 CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.1. SUBJECT: Consideration of the Rental Agreement with the Boynton Woman's Club for the Historic Woman's Club of Boynton Beach SUMMARY: On November 14, 2017, the CRA Board established the rental rates for the newly acquired Historic Woman's Club of Boynton Beach (HWCBB) and three non-profit organizations (Boynton Woman's Club, Boynton Beach Garden Club, and Boynton Beach Historical Society) which have historically used the facility as a location for their regular meetings and annual or fundraiser event (see Attachment I - November 14, 2017 Minutes). The Board waived the rental fee for the Boynton Woman's Club's regular meetings (7 total) and one complimentary Gala event in FY 2017-18 but not additional service fees if events are held after CRA business hours or if they require additional service fees such as set-up/breakdown, staffing, security, or cleaning. These fees may be assessed by the CRA for larger events (over 60 people), events with a higher -impact or risk, and/or events with alcohol service. The Boynton Woman's Club's representative indicated that their regular meetings will not exceed 60 people, are held between 8:30 A.M. and 5:30 P.M., and will not have alcohol service. The representative also indicated that the date for the Gala has not been determined and is not included in this Agreement. Staff recommends that the standard Rental Agreement be used for the Gala since it is a larger event which will require additional services and fees. It should also be noted that the booking of the facility for the future Gala is subject to availability of the facility. The draft Rental Agreement with the Boynton Woman's Club for the HWCBB has been reviewed by legal counsel and is attached for Board consideration (see Attachment I I ). On December 12, 2017, the Board also approved the Rules and Regulations Manual for the facility, subject to review by legal counsel, to be incorporated as Exhibit A for all rental agreements. The final draft of the Manual will be part of this rental agreement upon approval by the Board (see Attachment 111). FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan: Historic Properties and Federal Highway District and 2010 Downtown Vision and Master Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Approve the Boynton Woman's Club Rental Agreement for the Historic Woman's Club of Boynton Beach as presetnted. 2. Do not approve the Boynton Woman's Club Rental Agreement for the Historic Woman's Club of Boynton Beach as presented. 3. Approval of alternative terms, conditions, or modifications to the Boynton Woman's Club Rental Agreement for the Historic Woman's Club of Boynton Beach. ATTACHMENTS: Description D Attachment I - November 14, 2017 Minutes D Attachment II - Draft Agreement with Boynton Woman's Club for HWCBB Attachment III - Draft Rules and Regulations Manual for the HWCBB Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 being evaluated. The disposal or selling or giving the property may not be required. He suggested the Board address the buffering requirements as opposed to the disposing of the property to the benefit of another property that would not be included in the CRA's affordable housing effort. Board direction is helpful so when they write the RFP, they can hone in on what the Board would like to see. Motion Board Member McCray thought there was too much occurring and wanted to table the matter until Board Member Casello was present. He noted they already have large projects the Board was subsidizing and the Board cannot keep going to the well. Chair Grant noted there are currently Land Development Regulation's (LDRs) in place and staff could conduct an analysis based on the LDRs what is outside of the building's area so there should not be a worry if they need a variance to build more than 10 to 15 feet closer to the current structure on the property line. Chair Grant spoke to Mr. Simon and Ms. Shutt about the vacant property owned by the Palm Beach County Housing Authority. He asked if the Board was interested in sending them a letter of intent as the property next to the Carolyn Sims Center could be included in the Cottage District. He wanted to include their land in the RFP and work together for affordable homes. The Housing Authority has access to HUD funds and others to make the project affordable. Board Member McCray liked the concept of expansion, but advised he does not want another project in Cherry Hill. He wanted only single-family homes constructed on property owned by the Palm Beach County Housing Authority. Board Member Romelus thought there was no need to rush the process and let the market dictate interest. She also favored moving on the Housing Authority property. Vice Chair Katz was in favor of approaching the Palm Beach County Housing Authority, but did not know if bundling random properties that are not part of this particular potential project was the best way to approach the matter. He supported obtaining all of their property because the Housing Authority was not doing anything with the land. Board Member Romelus seconded the motion to table the item. The motion unanimously passed. There was consensus to table the item for six months. G. Consideration of Naming Options, Rental Rates, and Schedule for Critical Repairs for the CRA -Owned Property Located at 1010 S. Federal Highway, formerly known as the Boynton Woman's Club Chair Grant explained the Board received three name options: The Major Nathan S. Boynton Center Building; The Historic Woman's Club of Boynton Beach; and The Addison of Boynton Beach. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Board Member McCray did not favor the first option as it sounds like a museum and he noted there are other Addison buildings. He liked The Historic Woman's Club of Boynton Beach. Chair Grant agreed as did Vice Chair Katz and Board Member Romelus. Chair Grant opened the item to comment. Pat Waldron, Boynton Woman's Club member, and Michele Walter, 11242 Quail Covey Road, President of the Boynton Woman's Club, thought the members would agree to the Historic Women's Club of Boynton Beach. She noted the building is on the Local Register and the Historic National Register and queried if the building was renamed, if staff would contact the Register and update its name. Ms. Shutt agreed to check. She asked if they could leave the name alone and locally call it the Boynton Woman's Club. Mr. Simon thought there would be no issue. They thanked the CRA as the sale went well and they appreciated all of staff's work. Ms. Walter asked if they could keep the name as is until they get information on what to do to keep it on the National Register. Chair Grant explained there needed to be a distinction and staff was seeking to avoid confusion between the organization and the CRA. Staff will bring back information. Ms. Shutt advised staff researched other facilities with similar uses and venues and provided the information in the meeting backup. In reference to the rental rates, staff had proposed rates with discounts for local residents and entities, and separate rates for the non -local entities. They have rates for weekend and non -weekend rentals and for the first floor, second floor or the entire building. The CRA would need to charge set up and clean up fees and typical ancillary charges. Staff also wants to bring back policies and procedures and are determining the appropriate amount of insurance renters would need to purchase for their event. Vice Chair Katz and Board Member McCray supported the request as presented. Chair Grant asked if the Boynton Woman's Club would have to pay the rental fee and learned if the organization is located in the district, they get the discounted rates for special events. Chair Grant wanted to look at alternative structures. Board Member McCray agreed. Chair Grant requested Mr. Simon come back to speak with the President of the Woman's Club what they would like to see for the future of the building. Chair Grant wanted the Woman's Club to continue to use the building for their meetings free of charge. They meet twice a month on Thursdays and will forward their schedule. They do not require any extra setup, and they clean up after their meetings. If there is a special event that requires setup, the Woman's Club would pay the fee and all will be formalized in an agreement. It was noted no gala was planned for 201712018, only the regular meetings. Chair Grant commented if the Woman's Club does decide to have one, there would be one complimentary rental and just pay the set-up fee. Ms. Waldron commented if they have a gala, they would partner with the City and CRA because the funds would go towards a special project for the building. The Woman's Club wanted to stay involved and assist with items the building may need. `fl Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Barbara Ready, 329 SW 13th Avenue, apprised the Board she is a member of the Board of Directors for the Boynton Beach Historical Society and they do not hold meetings every month. The Historical Society has used the Club for some of their meetings and their annual pot -luck dinner every May. She wanted to plant a seed as they are a non-profit and have made donations to the Women's Club and used the facility. She hoped they would receive some consideration regarding the pricing. Chair Grant noted organizations which have the words Boynton Beach or Boynton's name in it seemed to have been using the building for a long time. Kay Baker, 3303 Hayden Court, was present on behalf of the Boynton Beach Garden Club. At the invitation of the Woman's Club, the Garden Club has held meetings in the building for many years and in return, handled maintenance and the gardening around the building. They hoped they too would receive some type of consideration as a non- profit. They raise funds for scholarships and various activities, Accordingly, they do not have money. Chair Grant explained there were contracts not written associated with the Woman's Club and thought the Board would want to honor those informal agreements. They have to have a different government entity or non-profit rate. Vice Chair Katz explained the Board should accept the organizations that have used the facility and draw a line because every non-profit will want the same accommodation. Chair Grant emphasized this was for existing verbal contracts. The Woman's Club could provide a list and move forward with written contracts in the future. Ms. Waldron explained there was an understanding with the Garden Club and Historical Society. The Historical Society meets in the Library. They use the Woman's Club when the Library is closed on holidays. She also pointed out they do not know where the new Library will be placed temporarily in the future. Vice Chair Katz asked if there was anyone else who used the facility for an extended time, but learned they had in their rental rates, a lesser rate for non -profits. Vice Chair Katz recommended staff review the contracts and/or the understandings with the two organizations in relation to the Woman's Club, and grandfather them in so as to not be cost prohibitive. Many Women's Club members belong to the Garden Club and Historical Society. Ms. Shutt agreed to review the local and non -local rates, for residential and civic, and non—profits and for-profit groups. They would investigate special rates for the three existing non -profits that have used the building for years. The Boynton's Woman's Club will meet twice monthly, plus one complimentary gala and any other special events there will be set up and extra costs for clean-up. The Historical Society would hold their monthly meetings as well as considering a reduced rate for their annual pot -luck event in May and the Garden Club would use the building for their regular meetings and continue to meet there. There are different prices for rentals for local and M Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 non -local organizations. There was no difference in price between local and non -local entities, only for-profit and non-profit entities. Mr. Simon explained the facilities the City owns acknowledges residents with a discount rate or a non-profit, which was what the CRA emulated. The policies were at the Board's discretion. The CRA prices were slightly less. Vice Chair Katz noted the Board was only waiving the rental fee for the complimentary gala and was not picking up the tab for the event. He supported the resident, non-resident rates, but did not support creating a profit or non-profit tier, as non -profits would flood the calendar. Chair Grant agreed as did Board Members McCray and Romelus. Staff will come back with a rental procedure for the three aforementioned entities. Ms. Shutt explained all but the reroofing or roof replacement will be done by the end of the year. The air conditioning will be replaced as would the waterproofing of the elevator pit. The mold remediation should also be finished by the end of the year. The initial estimate exceeded $25,000 and they have to issue an Invitation to Bid. The contract for the successful bidder will return to the Board in February. The improvements will take place between events. Ms. Waldron noted the roof was installed 11 years ago. Ms. Shutt explained roofing experts inspected the roof and indicated it needed work. Staff was getting a second opinion. The underlayment where the building meets the roof needs additional flashing. The elements and workmanship determines how long the roof actually lasts. Board Member Romelus asked if the Garden Club would continue to maintain the gardens at the facility and learned the Garden Club was moving on to community gardens. Mr. Simon clarified the grounds are maintained by a professional landscaping company. The Garden Club is welcome to have special projects. They planted Bouganvillia on the east side of the building and only assisted with the front garden when warranted. If time allows and someone wants, they will see what they could do. Mr. Simon suggested supporting a special project in return for use of the building. H. Project Update 211 E. Ocean Avenue Motion Vice Chair Katz moved to table the item until Board Member Casello was present. Chair Grant explained staff sent the developer a letter in September about the project and they filed paperwork, but the City indicated more work was needed. Mr. Simon reminded them of their obligation to move forward in a timely manner. Staff met with them to discuss issues they were having, sent an email outlining the discussion points and the issues with the City, and then had a meeting November 9t" with the City plan reviewers, and the architectural firm on the project. The building was difficult to convert to a full service 19 E HISTORIC WOMAN'S CLUB OF BOYNTON BEACH RENTAL AGREEMENT This Rental Agreement ("Agreement") is hereby made by and between the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (the "CRA") and Boynton Woman's Club ("Renter") (individually referred to as a "Party" collectively referred to as the "Parties"), for the rental of the Historic Women's Club of Boynton Beach (together with all associated property and grounds, the "Facility.") 1) Renter's Information: (Print all information. All blank spaces must be completed.) Renter's Name Boynton Woman's Club Point of Contact (Name) Renter's Address P.O. Box 1135 City Boynton Beach State FL Zip _33425 Phone No. Email Address: _bwc19092gmail.com Alternate Phone No. Purpose/Intended Use for Rental Regular Meetings of Boynton Woman's Club ("Event"). Renter is (check all that apply) Individual Civic ✓_ Non-profit ✓ For Profit 2) Event Details. In this Agreement, each individual meeting of the Boynton Woman's Club is referred to as a "meeting" while the term Event refers to each meeting individually and all meetings collectively. The Event will take place during the following date(s) and time(s). Dates and times: January 18, 2018 11:30am to 1:30pm February 1, 2018 10:00am to 11:00am February 22, 2018 2:00pm to 4:00pm March 8, 2018 10:00am to 11:00am March 22, 2018 11:30am to 1:00pm April 12, 2018 10:00am to 1:30pm May 3, 2018 11:30am to 1:30pm 00916684-1 Page I of 8 Approximate Number Attending Event: Over 18 yrs old Under 18 yrs old Describe Event Regular Meetings of Boynton Woman's Club The CRA reserves the right to reschedule any meeting for any reason upon 10 days written notice to Renter. List Equipment Needed N/A Will Alcohol be Served? Yes ✓ No READ THE ALCOHOL POLICY CAREFULLY - THERE ARE NO EXCEPTIONS TO THIS POLICY. If alcohol will be served, please list bonded & licensed caterer/bartender that will service Event. (Required) Phone License 4 Bond and/or Insurance Policy 4 Will Food be served? Will you need the Kitchen? Caterer Name License 4 Additional Needs Yes No _Yes No Phone Bond and/or Insurance Policy 4 3) Facility Information and Rates. The CRA will allow Renter to use the facilities selected below for the Event: 1st Floor only ✓ 2nd Floor only Entire Building The cost for the rental of such facilities shall be $0.00 ("Facility Fee") A complete list of venue spaces and associated rates is found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as Exhibit A; however, because of Renter's historic relationship with the Facility, these fees are waived. 4) Additional Services and Fee. The CRA will provide the additional services selected below for a total cost of $0.00 ("Service Fee"). Set-up and break down Cleaning pre -Event and post -Event 00916684-1 Page 2 of 8 Access hours prior to the Event Access hours after the Event Staff members during the Event A complete breakdown of the costs associated with the Service Fee can be found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as Exhibit A. Renter may request additional services for specific meeting dates, and will pay the fees associated with such services in accordance with the version of the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual that exists at the time of the request for additional services. 5) Sales Tax. Florida state sales tax will be charged on the rental fee. Renters claiming exemption from sales tax must provide a copy of the Florida Department of Revenue Form DR -14 "Consumer's Certificate of Sales Tax Exemption." 6) Rental Fee. The total sum of the Facility Fee in Paragraph 3, the Service Fee in Paragraph 4, and sales tax in Paragraph 5 shall be the "Rental Fee." Rental Fee includes payment for the use of space, use of existing lighting and sound equipment, and the existing arrangement of tables and chairs. Any Payment must be made in cash, by money order, personal check, or by certified bank check made payable to the Boynton Beach CRA. 7) Security Fee. The Renter is / ✓_ is not required to hire security based on Renter's representations in this Agreement and pursuant to the criteria outlined in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual. Security may be hired from the Palm Beach County Sherriff s Office, the City of Boynton Beach Police Department, or other CRA -approved security provider. 8) Care of Facility. After each meeting, the Renter is responsible for leaving the Facility in the same condition it was in prior to the meeting. Any costs to the CRA for clean-up or for repair or replacement required because of damage to the Facility caused by any Boynton Woman's Club meeting will be charged to and paid by the Renter. If Renter fails to care for the Facility as required by this paragraph, the CRA may terminate this Agreement. 9) Inspection. A pre -Event and post -Event walkthrough inspection will be conducted by CRA staff with the Renter. The cost of any and all damage to the Facility, including the equipment, and costs incurred as a result of rule violations will be charged to and paid by Renter. Examples of damage and/or rule violations that will result in charges to Renter include but are not limited to: floor stains; stains on walls; broken or missing furniture and/or equipment; defacement of any part of the interior or exterior of the building; damage created by improper use of equipment or non-compliance of facility rules; unauthorized use of the kitchen or other spaces at the Facility; unauthorized extension of Event hours; improper storage of equipment; or failure to properly clean the kitchen and other facilities used for the Event. 10) Parking. The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in 00916684-1 Page 3 of 8 the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required ten (10) days prior to the Event. 11) Copyright. Renter will assume responsibility, including financial responsibility, for all cost, liabilities and claims that arise from the use of patented, trademarked, franchised, or copyright music, materials, devices, processes or dramatic rights used in or incorporated in the Event. The Renter agrees to indemnify and hold harmless the CRA from any claims, damages, or costs, including legal fees for all legal work including appeals, which might arise from questions of use of any material described above. 12) Alcohol. Renter assumes all liability for serving and consumption of alcohol. State and local laws apply with regard to serving alcohol and alcohol consumption. The Renter is responsible for obtaining any permits or licenses necessary to sell and/or serve alcohol. Permit and license documents shall be submitted to the CRA no later than sixty (60) days prior to the Event. If alcohol is provided at the Event, liquor liability insurance will be required. The CRA reserves the right to discontinue the service of alcohol at any time during the Event. 13) Cancellation. All cancellations must be reported in writing immediately to the CRA. A meeting may be rescheduled one time if the Renter contacts the CRA in writing at least ninety (90) days prior to the original meeting date and provided a mutually -agreed upon alternate date is available. 14) Emergencies: The CRA reserves the right to cancel or reschedule an Event at any time, with or without prior notice due to emergency or prohibitive circumstances over which it has no control, such as Acts of God, hurricanes, damage to the Facility that renders it unsafe or unusable, or war. If a facility rental must be cancelled due to an emergency, the Renter may reschedule the Event at no additional charge, or will receive for a full refund of the Rental Fee. 15) Compliance with Rules and Regulations. Renter will comply with all rules and regulations in Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual, a copy of which is attached hereto as Exhibit A. The most current version of the Historic Woman's Club Rules and Regulations Manual as it may exist from time to time is hereby incorporated as if fully set forth herein. Failure to comply with any rule or regulation shall be a material breach of this Agreement and the CRA may, in its sole discretion, elect to terminate this Agreement as the result of such breach. 16) Default. The failure of the Renter to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Renter fails to cure the default within seven (7) days of notice from the CRA or prior to the Event, whichever is sooner, the CRA may terminate this Agreement. Nothing in this paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Renter's breach or default. 00916684-1 Page 4 of 8 17) Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Renter from any cause whatsoever related to the Event or this Agreement, whether such damage or injury occurs before, during, or after the Event. The Renter hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Renter. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. The CRA shall not be liable to Renter for any other damages of any type that Renter may incur as a result of cancellation, default, emergencies, rescheduling or of termination of this Agreement. 18) Indemnification. The Renter shall indemnify, defend, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death and copyright or patent infringement, sustained by any person or entity whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the Event, or the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Renter or this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Renter to indemnify the CRA for the CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 19) No Transfer. The Renter shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without express, written, prior permission from the CRA. 20) Insurance. Renter will obtain the following insurance (select all that apply): ✓ Insurance requirements may be waived at the discretion of the CRA Executive Director or his/her designee. In such cases, Renter must sign an indemnification and event attendees must sign a Hold Harmless and Waiver of Liability form releasing the CRA from any and all liability to the extent permitted by law. Additional insurance (e.g., insurance associated with serving alcohol) The Renter shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the Event, and include, along with an executed copy of this Agreement, a 00916684-1 Page 5 of 8 Certificate of Insurance ("COP') with the liability limit as described above. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Event or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of services performed by the Renter by or on behalf of the CRA or acts or omission of the Renter in connection with this Agreement. The Certificate must include the following additional insured language: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 If the Renter fails to provide evidence of insurance coverage within ten (10) days prior to the scheduled Event, the CRA may cancel the Event and the Renter will forfeit all rights to the refund of any monies paid to the CRA. The CRA reserves the right to ensure and require that the insurance coverages provided by the Renter are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the Agreement, the CRA should determine that it is in its best interests to insist on an alternative insurance provider, it may do so and the Renter agree to comply with the CRA's decision. The CRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of an agreement and any extensions thereof. The CRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the firms' behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 21) No Discrimination. The Renter shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 22) No Partnership, Etc. The Renter agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. Itis specifically understood that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the Event. The Renter will exercise its own judgment in matters of safety for itself and attendees of the Event. The Renter attests that it possesses a current personal accident and or personal health insurance policy. 23) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by the Parties . All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 24) Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original 00916684-1 Page 6 of 8 and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 25) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the Parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 26) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 27) Independent Advice. The Parties declare that the terms of this Agreement and all Exhibits have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 28) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties so long as the Parties' rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. To that end this Agreement is declared severable. 29) Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion and only as permitted by law, waive any requirement of the Renter contained in this Agreement. 30) Public Records. The Renter also understands that CRA may disclose any document in connection with this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 31) Compliance with Laws. In its performance under this Agreement, the Renter shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. 32) Effective Date and Termination. This Agreement will become effective at the date and time that the last parry signs this Agreement. This Agreement will automatically terminate after the May 3, 2018 meeting and any applicable final payment is received by the CRA, whichever is later. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or reschedule any meeting pursuant to this Agreement. 33) Survival. The provisions of this Agreement regarding the content of the Event, copyright, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. Authorized Representative Printed Name Signature Date 00916684-1 Page 7 of 8 Please return the completed agreement to: CRA Executive Director c/o Historic Woman's Club of Boynton Beach 710 N. Federal Highway Boynton Beach, FL 33435 Phone (561) 737-3256 FOR OFFICE USE ONLY Reviewed by: Date: Approved: Notes: 00916684-1 Page 8 of 8 The Historic Woman's Club of Boynton Beach RULES AND REGULATIONS MANUAL Owned and Operated by the Moy To, 1:5 N N } B EAC C RA, UUFy[bLiPIIiI TABLE OF CONTENTS GENERAL ADMINISTRATION..........................................................................3 FACILITY USE POLICIES...............................................................................3 Reservations.......................................................................................4 General Conditions...............................................................................4 STAFFING/VENDORS....................................................................................8 CATERING POLICY.......................................................................................9 Catering Kitchen Overview....................................................................9 Clean i ng/Access/Usage .........................................................................9 Facility Equipment and Furnishings.......................................................10 REGULATION OF ALCOHOL SERVICE POLICY................................................11 Introduction.......................................................................................11 Policy................................................................................................11 FACILITY RENTAL FEES...............................................................................13 AdditionalFees..................................................................................13 Page 2 of 14 GENERAL ADMINISTRATION The Historic Woman's Club of Boynton Beach (Facility) is available for rent throughout the year from the Boynton Beach Community Redevelopment Agency (CRA). The Facility may be reserved each year for events produced by the CRA. The CRA events are subject to change at the discretion of the CRA. Please check with CRA staff or designee for general availability. A meeting maybe required prior to approval to discuss the reservation request. Viewing the Facility is by appointment only. Please contact the CRA at (561) 369-2300 or via email at WomansClubp_bbfl.us. CRA Office Hours: Monday -Friday 8:30 A.M. to 5:30 P.M. The CRA Office is closed on weekends and holidays. For purposes of this Rules and Regulations Manual and for any Rental Agreement, the term "Facility" includes the grounds, improvements, and all other property associated with the Facility, FACILITY USE POLICY The CRA welcomes organizations and individuals, hereinafter referred to as "a Renter," to reserve the Facility for public or private meetings and specific events/activities. The purpose of this policy is to provide guidelines specifically for the use of the Facility. This policy establishes the procedures to (1) reserve the use of the Facility; (2) provide for proper care of the Facility; and (3) ensure that the Renter's activities do not conflict with the Facility purposes and activities, state or federal laws, local ordinances, or policies adopted by the CRA. The first priority for reserving the facility will be given to the CRA. Charges and fees will be assessed for use of the Facility and will vary according on the Renter's address (local or non -local), amount of space required, date of the event, related services needed for the event and the organizational type of Renter (non-profit, civic, individual, for-profit). In order to preserve and protect the Facility and its guests, the CRA may, at its discretion, require the Renter to obtain additional security, custodial, or technical services based on the event. Fees for these services will be the responsibility of the Renter. The CRA does not discriminate on the basis of race, sex, color, religious affiliation, age, or national origin. Groups or organizations using the Facility may not deny admission to their activities based upon race, sex, color, religious affiliation, age, or national origin. Approval to use the Facility is not an endorsement by the CRA of the Renter's organization or group. Page 3 of 14 Reservations 1) Reservations for Facility use shall be effectuated through a written Rental Agreement (the Agreement) only, are subject to availability of requested date, and shall be granted on a first-come, first-served basis. All events will begin and end at times specified in this document and Agreement. The Renter will be responsible to ensure that the event ends on time. Additional fees will be assessed, or deducted from any refundable deposit, for failure to vacate the Facility within the scheduled time. A completed Rental Agreement may be delivered to the CRA or emailed to WomansClub(a_bbfl.us. 2) Individuals or organizations may rent the Facility for private functions; proof of residency/business location is required to rent the Facility at the "local" rate. 3) The CRA reserves the right to deny rental to any individual or organization which, in the opinion of the CRA, would be detrimental to the care of the Facility, safety of event attendees or reflect negatively on the CRA or Facility but will not deny rental on the basis of race, sex, color, religious affiliation, age, or national origin. 4) No space/date shall be held as a confirmed reservation for an event or placed on the Facility calendar until the Rental Fee Deposit is paid to the CRA. 5) Rental of Facility on holidays observed by the CRA may be subject to staffing availability. 6) Contracts must contain a legal signature of an adult (21 years and older), who shall be considered the Renter if the Renter is not an organization. If the Renter is an organization, the person signing the Agreement must be authorized to do so by that organization. The person signing the contract must be in attendance throughout the entire event. Renter is legally responsible for making sure all procedures are followed. It shall be the responsibility of the Renter to properly care for the Facility and all associated property. Renter is responsible for any and all damage to the Facility caused as a result of the event or his/her/its guests. 7) A Rental Agreement with a Renter may not be transferred or assigned to any other person or group without the approval of the CRA staff or designee. 8) Renter will identify the Facility in use by the full -specified name, i.e. the "Historic Woman's Club of Boynton Beach" on all printed material and advertising. No advertising or publicity of any nature may state or imply that CRA or Facility is responsible for Renter activities during the period of use. General Conditions 1) Renter understands and agrees that CRA does not relinquish the right to control the 00916719-1 Page 4 of 14 management of Facility. The CRA retains the right to enforce all necessary laws, rules and regulations during an event. All CRA authorized personnel may enter the part(s) of the building being used and any other unused part(s) of the building at any time, including during any event, without restriction whatsoever. The Facility, including the space that is being used and all parking areas, will be at all times under the control of the CRA. 2) Renter and their guests must at all times conduct their activities with full regard to public safety and shall at all times abide by directives of the CRA staff, their representative(s), or any other duly authorized governmental official responsible for public safety. Failure to do so will result in immediate cancellation of the event and ejection from the Facility. 3) Renters and their guests shall not enter any area of the Facility not covered by the Rental Agreement. 4) The CRA reserves the right to withhold all or a portion of the Facility Damage Deposit and/or close an event if it determines that the Renter has misrepresented information on the Rental Agreement or related documents. Examples of such misrepresentations include, but are not limited to- failure to disclose the true nature of the event; exceeding the reported number of guests; and failure to report the sale or service of alcohol. 5) Access to the Facility is only allowed on the day of the event unless otherwise specified in the Rental Agreement. No access is permitted to the Facility prior to or after an event without advance permission of the appropriate CRA staff member or designee. 6) Music at the function/event must cease at 11.30 pm. The club building must be quietly vacated by 12.00 A.M. (midnight) due to proximity of a residential area. 7) The CRA assumes no responsibility for the property of any Renter or event attendee while it is located at the Facility, and is not responsible for holding or returning any property left at the Facility. CRA does not provide storage. Please make arrangements to remove all items and decorations at the conclusion of each event. CRA staff or contractor will dispose of any items left from events and a service charge may be applied for such removal and may be deducted from any refundable deposit. 8) All exit doors must remain operable and no part of any hallway, corridor or exit within or outside of the Facility may be used in a way that obstructs its use as an exit. No doors may be propped open at any time. 9) If the Renter or an attendee of Renter's event sets off the fire alarm purposefully when it is not necessary to do so or as a result of any unapproved activity, the Renter 00916719-1 Page 5 of 14 will be responsible for any costs or fines which result. 10) All tobacco products and electronic cigarettes (including vape pens) are prohibited on CRA property, including the Facility. 11) Firearms and weapons are not permitted at the Facility. 12) Gambling activity is prohibited in the Facility. 13) Political distribution of candidate or other political literature is prohibited unless the activity is part of a fundraising event held at the Facility subject to a Rental Agreement. 14) Hanging items- The use of bolts, staples, screws, nails, hooks, tacks, tape or similar fasteners or attachment to hang banners, posters, etc. on any wall, floor, ceiling, windows or doors is strictly prohibited. Renter may not hang anything from the fans or ceiling/rafters at any time. There are hooks and rods in the ceilings of the ballroom and the dining room specifically for this. Anything that needs to be removed from any walls will be done by the CRA. Nothing shall be attached or affixed in any way to the murals on the stage or in the dining room. 15) The use of confetti, bubbles, and the like are strongly discouraged and may cause the Renter to incur additional cleaning charges. Birdseed, rice, glitter, colored powders, silly string, fireworks (including sparklers), open flame candles (battery operated candles are permitted), or grills are not allowed. 16) Only Sterno -style heating elements used by an approved caterer are allowed to heat or keep food warm outside of the kitchen. 17) Live plants are subject to approval by CRA staff or designee. Silk and fresh cut flower arrangements are allowed. Plant saucers or waterproof wrapping must be provided by Renter on any plant, palms, or trees brought into the Facility by Renter and/or Renter's Caterer or attendees of the event. 18) No animals or pets (other than service animals) will be permitted inside the Facility unless pre -approved by the CRA staff or designee. 19) The CRA includes the use of tables and chairs in the rental price. Tables and chairs already in the room are to be arranged by the Renter. The rental fee does not cover the breakdown and storage of tables and chairs. No furniture will be moved from one floor to another by Renter. If this is needed, a floor plan will be requested and applicable set up/break-down fee will be charged. The Library table is not to be moved at all. Renter, Renter's caterer or other contractor, and/or attendees to Renter's event shall not remove tables, chairs or other equipment from the Facility. No tables and/or chairs are available for loan for off-site functions. 00916719-1 Page 6 of 14 20) All other items to facilitate the event must be provided by Renter. 21) Standing on tables, chairs, and all Facility furniture is strictly prohibited. 22) For large events, Renters will be allowed extra time the following morning to remove the remainder of party effects, but everything must be gone by 10 am morning following the event, or a designated time approved by the CRA; otherwise $100 charge per hour will be assessed. 23) Renters are advised that the City of Boynton Beach has a sign ordinance. Any fines that result from illegal signage placed by the Renter will be the responsibility of the Renter. The use of all temporary signs or banners must be discussed and approved by the appropriate CRA staff or designee and the Renter must obtain a temporary signage permit if required by the City of Boynton Beach. 24) Operation, repair or service of audio-visual, sound, lighting and any other equipment brought into the Facility by the Renter is the sole responsibility of Renter. 25) No artwork can be removed or covered during any function. 26) Destruction or defacing of any CRA property or artwork will result in additional charges for repairs or replacement. 27) All garbage is to be put outside and the covers on the garbage pails closed. 28) Parking: The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required seven (7) days prior to the event. Page 7 of 14 29) The Kitchen area utilized by Renter or Renter's caterer is subject to the Catering Policy. It is the responsibility of the Renter to ensure that the caterer is aware of these requirements. 30) Alcohol may only be served or sold after receiving written pre -approval from the CRA, and subject to any restrictions imposed by the CRA and in compliance with the Facility's Regulation of Alcohol Service Policy. No brown bagging or "bring your own" permitted. STAFFINGIVENDORS 1) The CRA staff member(s), or designee, serving as the Event Manager is required to be on site for all events held in the Facility. Staff are on site to provide access to the Facility and are available to assist in making events successful. Staff members on duty are not responsible for resetting tables/chairs or providing post -event cleanup services. Those services will be arranged in advance and applicable fees will be the responsibility of the Renter. Please inform the CRA staff or designee on duty of any requests or needs that might arise, or in the event of an emergency. Additionally, the Event Manager has the full authority of the CRA to request the Renter and Renter's attendees maintain order. If the Event Manager feels that decorum or behavior is not maintained and the situation has become unmanageable, he/she is authorized to call the police to the Facility. 2) All events must be appropriately staffed according to the type of event. Specialty staffing can include, but is not limited to the following: lighting technician, sound technician, security, and custodians. 3) Applicable fees for security will be the responsibility of the Renter. The Renter may be required to hire a Palm Beach County Sheriff's Officer, a City of Boynton Beach Page 8 of 14 Police Officer, or other CRA -approved security provider based on the use of the Facility, the anticipated duration of the event (including set-up and breakdown time), the number of people anticipated to be in attendance, the activities to occur at the event, whether food will be served, whether alcohol is served, and any other factor related to the security of the Facility and surrounding areas. The number of security personnel for an event shall be determined by the CRA staff or designee. 4) While the CRA does not require Renter to utilize preferred vendors, outside vendors must be approved by the CRA staff or designee prior to event. CATERING POLICY The Facility does not provide in-house catering. It is the Renter's responsibility to sign and enter into a separate agreementwith the caterer. All caterers must provide the Facility with proof of a current permanent permit issued by the Florida Department of Health before operating on the Facility premises. This document must be received sixty (60) days prior to event. If the caterer is serving alcohol, they must provide a copy of all appropriate alcohol permits required by the State of Florida sixty (60) days prior to the event. Catering Kitchen Overview 1) The caterer is responsible for acquiring and providing all necessary supplies for both serving and cleaning, including, but not limited to, paper towels, dishcloths, dish towels, hand soap, dish detergent, etc. The CRA does not supply any of these items. 2) All food and beverage brought into the Facility must be in closed containers, covered and with paper, plastic or cloth lids. 3) Ice chest(s) or any food coolers sitting on the floor must have plastic under them. The center does not have an ice machine and the Renter or Renter's caterer may need to provide ice for large events. 4) Because the kitchen is only a warming kitchen, all foods must be fully cooked before being brought into the Facility. Please do not place fish in the refrigerator. 5) Food preparation cannot include any open flame cooking inside the Facility. Sterno is the only heating element to be used inside the Facility. 6) Tables must be covered when food or drinks are being served. Cleaning/Access/Usage 1) Counter tops, food preparation tables, and food service carts should be thoroughly cleaned after each use. Page 9 of 14 2) All floors must be swept and mopped (brooms, dustpans and mops are provided). Cleaning solutions must be provided by CRA. All trash must be bagged and put outside; recycling must be separated and placed in outdoor receptacles. Do not use bleach on floors. 3) All food products or empty food containers brought into the Facility by the Renter MUST be removed from the Facility at the conclusion of each event. No items may be stored overnight without prior permission. 4) At the conclusion of each event, it is the responsibility of the Renter or caterer to thoroughly clean any equipment used, including counter tops, microwaves and warmers. Please remember to turn OFF all appliances, except the refrigerator, before vacating the Facility. 5) Access to the kitchen is only allowed on the day of the event during rented hours. No access is permitted to the kitchen or any other area prior to or after an event without permission from the appropriate CRA staff or designee. 6) Should the event require the delivery of bulk food items, plates, linens, etc. prior to the event, such deliveries must be arranged in advance with the CRA staff or designee. The CRA will not unload, sign for, or accept deliveries from third parties. 7) Should the event require beverage delivery, alcohol or otherwise, please make arrangements with the appropriate CRA staff or designee for a delivery time and make provisions to have a designated person on site to receive the delivery. 8) It is the responsibility of the Renter, caterer, and bartender to keep the kitchen area clean and organized neatly during all events. Facility Equipment and Furnishings 1) If any loss or damage to CRA property occurs as a result of the event, the Rental Agreement, or otherwise related to the Renter's actions or inactions, the Renter shall be responsible for compensating the CRA for all such loss or damage. The CRA shall determine, in its sole discretion, whether the damaged property is to be repaired or replaced. Any refundable deposit held shall be applied to the cost of repair or replacement, and additional costs to repair or replace lost or damaged items in excess of deposit shall be paid by Renter. All repair and replacement shall be conducted or contracted for by the CRA, and Renter shall not attempt to repair, replace, or hire another to repair or replace any damaged property without the prior, express, written permission of the CRA. 2) Facility tables and chairs are for use inside the building only. 3) Additional furniture required for an event must be approved by the CRA staff or 00916719-1 Page 10 of 14 designee. The cost of the additional furniture must be paid directly to the supplier by the Renter. 4) Any equipment rented from an outside source must be removed at the end of the event. Renter will be required to pay the cost of removal if necessary. The CRA is not responsible for any items rented or brought in from an outside vendor/supplier. 5) The CRA will not lend any furniture for matters occurring away from the Facility. 6) The CRA does not provide storage of any kind within the Facility. REGULATION OF ALCOHOL SERVICE POLICY Introduction Policies and procedures governing the service of alcohol in the Facility must be followed by Renter, Renter's event/attendees, Renter's staff or members, Renter's caterers, and all others using/attending an event in the Facility. Illegal and/or abusive alcohol practices will not be tolerated. All laws of the United States government or state of Florida regarding alcohol, including licensing requirements, will be followed. Approved service (including sale) for alcohol is restricted only to events held at the Facility in designated areas. Policy Renters, both organizations and individuals, may request to provide alcohol service. In order to provide alcohol services, the Renter must adhere to the following: 1) Renters will submit a completed "Application to Provide Alcohol Services" to the CRA if alcohol is sold for consumption on the premise. An application and more information can be found at the Florida Division of Alcoholic Beverages and Tobacco- http://www.myfloridalicense.com/DBPR/abt/ABT-Licenselnformation.html 2) Renter will submit a copy of a liability insurance policy showing liability for any matters arising from serving alcohol. The liability policy shall meet the minimum value of required coverage and will name the CRA and the Facility as additional insured. The Renter will assume all liability and will execute a hold harmless agreement in favor of the CRA and Facility. The certificate of liability insurance must be submitted to the Facility no later than ten (10) days prior to the scheduled event. 3) All alcohol will be served by an approved certified bartender and/or licensed insured caterer if alcohol is sold for consumption on the premise. All bartenders and caterers must provide documentation for certification or license, and bond and/or insurance. 00916719-1 Page 11 of 14 4) A non-profit organization may sell beer and wine at a single fund-raising event of that organization. Renter must obtain a Special Permit for Sale of Alcohol from the Special Permit from the Florida Division of Alcoholic Beverages and Tobacco and include liquor liability coverage in the required liability insurance policy. The Renter may then contract with a certified bartender/caterer to sell the beer and/or wine at a single fund-raising event. Bartender must provide proof of certification no later than ten (10) days prior to event. If a non-profit organization contracts with a caterer for bartending services, caterer must provide proof of Florida license and liquor liability insurance no later than ten (10) days prior to event. 5) No alcohol will be offered on a self-service basis. No brown bagging or "bring your own" is permitted. 6) Events where alcohol is served may be required to have one or more uniformed security officers present. Cost for officers on duty will be the responsibility of the Renter. The CRA staff or designee will determine the number of officers required. 7) The certified bartender and/or licensed insured catererwill be responsible for limiting alcohol consumption to legally allowable limits. 8) The certified bartender and/or licensed insured caterer shall not serve alcohol to any person under twenty-one (21) years of age, to any CRA staff or designee or hired staff working the event, and must require proper identification prior to service. 9) All alcohol service (including all sales) will stop 30 minutes prior to the end of event. 10) The CRA has the right at any time during an event to stop the service (including sale) of alcohol if the CRA staff or designee deem necessary. CRA staff or designee reserves the right to eject or cause to be ejected from the premises any intoxicated or any disorderly person(s), and neither the CRA, the City of Boynton Beach nor any of its officers, agents or employees shall be liable for any damage that may be sustained by the Renter by the exercise of such right. Page 12 of 14 FACILITY RENTAL FEES Venue Space (including Kitchen) Day of Event Non -Local Local Total Weekend $750 $675 Non -Weekend $500 $450 Weekend $2,250 $2,025 Non -Weekend $1,500 $1,350 $100 Weekend $3,000 $2,700 Non -Weekend $2,000 $1,800 The following entities are eligible to rent the Facility: Local Individual: An individual whose home address is located within the City limits of Boynton Beach. Residency is subject to verification by staff. Non -local Individual: An individual who does not reside within the City limits of Boynton Beach. Non-profit: A business entity that is granted tax-exempt status by the Internal Revenue Service. Civic: A government entity, service club, fraternal/sorority society, or association operating for educational or community purposes. For-profit: A business entity that aims to earn profit through its operations and is concerned with its own interests and not those of the general public Additional Fees SET-UP/BREAK-DOWN AND CLEANING FEES Venue Space Set -Up and Break- Cleaning Pre- and Total (including Kitchen) Down Post -Event (tables and chairs) 1St Floor East Side $100 $200 $300 1St Floor West Side $100 $200 $300 Page 13 of 14 2nd Floor $200 $400 $600 Entire Building $400 $800 $1,200 MISCELLANEOUS FEES Staffing $25/hr. Pre- and post- event access $50/hr. By my signature, I agree to comply with all rules, regulations, laws, ordinances of the City of Boynton Beach and CRA policies in regard to the rental and/or use of the Facility. Print Name of Renter: Signature of Renter: Date: Page 14 of 14 CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.J. SUBJECT: Consideration of the Rental Agreement with the Boynton Beach Garden Club for the Historic Woman's Club of Boynton Beach SUMMARY: On November 14, 2017, the CRA Board established the rental rates for the newly acquired Historic Woman's Club of Boynton Beach (HWCBB) and three non-profit organizations (Boynton Woman's Club, Boynton Beach Garden Club, and Boynton Beach Historical Society) which have historically used the facility as a location for their regular meetings and annual or fundraiser event (see Attachment I - November 14, 2017 Minutes). The Board waived the rental fee for the Boynton Beach Garden Club's regular meetings (11 total) but not additional service fees if events are held after CRA business hours or if they require additional service fees such as set-up/breakdown, staffing, security, or cleaning. These fees may be assessed by the CRA for larger events (over 60 people), events with a higher -impact or risk, and/or events with alcohol service. The Boynton Beach Garden Club's representative indicated that their regular meetings will not exceed 60 people, are held between 8:30 A.M. and 5:30 P.M., and will not have alcohol service. The draft Rental Agreement with the Boynton Beach Garden Club for the HWCBB has been approved by legal counsel and is attached for Board consideration (see Attachment II). On December 12, 2017, the Board also approved the Rules and Regulations Manual for the facility, subject to review by legal counsel, to be incorporated as Exhibit A for all rental agreements. The final draft of the Manual will be part of this rental agreement upon Board approval (see Attachment III). FISCAL IMPACT: N/A CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan: Historic Properties and Federal Highway District and 2010 Downtown Vision and Master Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Approve the Boynton Beach Garden Club, Inc. Rental Agreement for the Historic Woman's Club of Boynton Beach as presetnted. 2. Do not approve the Boynton Beach Garden Club, Inc. Rental Agreement for the Historic Woman's Club of Boynton Beach as presented. 3. Approval of alternative terms, conditions, or modifications to the Boynton Beach Garden Club I nc., Rental Agreement for the Historic Woman's Club of Boynton Beach. ATTACHMENTS: Description D Attachment I - November 14, 2017 Minutes D Attachment II - Draft Agreement with Boynton Beach Garden Club for HWCBB D Attachment III - Draft Rules and Regulations Manual for the HWCBB Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 being evaluated. The disposal or selling or giving the property may not be required. He suggested the Board address the buffering requirements as opposed to the disposing of the property to the benefit of another property that would not be included in the CRA's affordable housing effort. Board direction is helpful so when they write the RFP, they can hone in on what the Board would like to see. Motion Board Member McCray thought there was too much occurring and wanted to table the matter until Board Member Casello was present. He noted they already have large projects the Board was subsidizing and the Board cannot keep going to the well. Chair Grant noted there are currently Land Development Regulation's (LDRs) in place and staff could conduct an analysis based on the LDRs what is outside of the building's area so there should not be a worry if they need a variance to build more than 10 to 15 feet closer to the current structure on the property line. Chair Grant spoke to Mr. Simon and Ms. Shutt about the vacant property owned by the Palm Beach County Housing Authority. He asked if the Board was interested in sending them a letter of intent as the property next to the Carolyn Sims Center could be included in the Cottage District. He wanted to include their land in the RFP and work together for affordable homes. The Housing Authority has access to HUD funds and others to make the project affordable. Board Member McCray liked the concept of expansion, but advised he does not want another project in Cherry Hill. He wanted only single-family homes constructed on property owned by the Palm Beach County Housing Authority. Board Member Romelus thought there was no need to rush the process and let the market dictate interest. She also favored moving on the Housing Authority property. Vice Chair Katz was in favor of approaching the Palm Beach County Housing Authority, but did not know if bundling random properties that are not part of this particular potential project was the best way to approach the matter. He supported obtaining all of their property because the Housing Authority was not doing anything with the land. Board Member Romelus seconded the motion to table the item. The motion unanimously passed. There was consensus to table the item for six months. G. Consideration of Naming Options, Rental Rates, and Schedule for Critical Repairs for the CRA -Owned Property Located at 1010 S. Federal Highway, formerly known as the Boynton Woman's Club Chair Grant explained the Board received three name options: The Major Nathan S. Boynton Center Building; The Historic Woman's Club of Boynton Beach; and The Addison of Boynton Beach. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Board Member McCray did not favor the first option as it sounds like a museum and he noted there are other Addison buildings. He liked The Historic Woman's Club of Boynton Beach. Chair Grant agreed as did Vice Chair Katz and Board Member Romelus. Chair Grant opened the item to comment. Pat Waldron, Boynton Woman's Club member, and Michele Walter, 11242 Quail Covey Road, President of the Boynton Woman's Club, thought the members would agree to the Historic Women's Club of Boynton Beach. She noted the building is on the Local Register and the Historic National Register and queried if the building was renamed, if staff would contact the Register and update its name. Ms. Shutt agreed to check. She asked if they could leave the name alone and locally call it the Boynton Woman's Club. Mr. Simon thought there would be no issue. They thanked the CRA as the sale went well and they appreciated all of staff's work. Ms. Walter asked if they could keep the name as is until they get information on what to do to keep it on the National Register. Chair Grant explained there needed to be a distinction and staff was seeking to avoid confusion between the organization and the CRA. Staff will bring back information. Ms. Shutt advised staff researched other facilities with similar uses and venues and provided the information in the meeting backup. In reference to the rental rates, staff had proposed rates with discounts for local residents and entities, and separate rates for the non -local entities. They have rates for weekend and non -weekend rentals and for the first floor, second floor or the entire building. The CRA would need to charge set up and clean up fees and typical ancillary charges. Staff also wants to bring back policies and procedures and are determining the appropriate amount of insurance renters would need to purchase for their event. Vice Chair Katz and Board Member McCray supported the request as presented. Chair Grant asked if the Boynton Woman's Club would have to pay the rental fee and learned if the organization is located in the district, they get the discounted rates for special events. Chair Grant wanted to look at alternative structures. Board Member McCray agreed. Chair Grant requested Mr. Simon come back to speak with the President of the Woman's Club what they would like to see for the future of the building. Chair Grant wanted the Woman's Club to continue to use the building for their meetings free of charge. They meet twice a month on Thursdays and will forward their schedule. They do not require any extra setup, and they clean up after their meetings. If there is a special event that requires setup, the Woman's Club would pay the fee and all will be formalized in an agreement. It was noted no gala was planned for 201712018, only the regular meetings. Chair Grant commented if the Woman's Club does decide to have one, there would be one complimentary rental and just pay the set-up fee. Ms. Waldron commented if they have a gala, they would partner with the City and CRA because the funds would go towards a special project for the building. The Woman's Club wanted to stay involved and assist with items the building may need. `fl Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Barbara Ready, 329 SW 13th Avenue, apprised the Board she is a member of the Board of Directors for the Boynton Beach Historical Society and they do not hold meetings every month. The Historical Society has used the Club for some of their meetings and their annual pot -luck dinner every May. She wanted to plant a seed as they are a non-profit and have made donations to the Women's Club and used the facility. She hoped they would receive some consideration regarding the pricing. Chair Grant noted organizations which have the words Boynton Beach or Boynton's name in it seemed to have been using the building for a long time. Kay Baker, 3303 Hayden Court, was present on behalf of the Boynton Beach Garden Club. At the invitation of the Woman's Club, the Garden Club has held meetings in the building for many years and in return, handled maintenance and the gardening around the building. They hoped they too would receive some type of consideration as a non- profit. They raise funds for scholarships and various activities, Accordingly, they do not have money. Chair Grant explained there were contracts not written associated with the Woman's Club and thought the Board would want to honor those informal agreements. They have to have a different government entity or non-profit rate. Vice Chair Katz explained the Board should accept the organizations that have used the facility and draw a line because every non-profit will want the same accommodation. Chair Grant emphasized this was for existing verbal contracts. The Woman's Club could provide a list and move forward with written contracts in the future. Ms. Waldron explained there was an understanding with the Garden Club and Historical Society. The Historical Society meets in the Library. They use the Woman's Club when the Library is closed on holidays. She also pointed out they do not know where the new Library will be placed temporarily in the future. Vice Chair Katz asked if there was anyone else who used the facility for an extended time, but learned they had in their rental rates, a lesser rate for non -profits. Vice Chair Katz recommended staff review the contracts and/or the understandings with the two organizations in relation to the Woman's Club, and grandfather them in so as to not be cost prohibitive. Many Women's Club members belong to the Garden Club and Historical Society. Ms. Shutt agreed to review the local and non -local rates, for residential and civic, and non—profits and for-profit groups. They would investigate special rates for the three existing non -profits that have used the building for years. The Boynton's Woman's Club will meet twice monthly, plus one complimentary gala and any other special events there will be set up and extra costs for clean-up. The Historical Society would hold their monthly meetings as well as considering a reduced rate for their annual pot -luck event in May and the Garden Club would use the building for their regular meetings and continue to meet there. There are different prices for rentals for local and M Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 non -local organizations. There was no difference in price between local and non -local entities, only for-profit and non-profit entities. Mr. Simon explained the facilities the City owns acknowledges residents with a discount rate or a non-profit, which was what the CRA emulated. The policies were at the Board's discretion. The CRA prices were slightly less. Vice Chair Katz noted the Board was only waiving the rental fee for the complimentary gala and was not picking up the tab for the event. He supported the resident, non-resident rates, but did not support creating a profit or non-profit tier, as non -profits would flood the calendar. Chair Grant agreed as did Board Members McCray and Romelus. Staff will come back with a rental procedure for the three aforementioned entities. Ms. Shutt explained all but the reroofing or roof replacement will be done by the end of the year. The air conditioning will be replaced as would the waterproofing of the elevator pit. The mold remediation should also be finished by the end of the year. The initial estimate exceeded $25,000 and they have to issue an Invitation to Bid. The contract for the successful bidder will return to the Board in February. The improvements will take place between events. Ms. Waldron noted the roof was installed 11 years ago. Ms. Shutt explained roofing experts inspected the roof and indicated it needed work. Staff was getting a second opinion. The underlayment where the building meets the roof needs additional flashing. The elements and workmanship determines how long the roof actually lasts. Board Member Romelus asked if the Garden Club would continue to maintain the gardens at the facility and learned the Garden Club was moving on to community gardens. Mr. Simon clarified the grounds are maintained by a professional landscaping company. The Garden Club is welcome to have special projects. They planted Bouganvillia on the east side of the building and only assisted with the front garden when warranted. If time allows and someone wants, they will see what they could do. Mr. Simon suggested supporting a special project in return for use of the building. H. Project Update 211 E. Ocean Avenue Motion Vice Chair Katz moved to table the item until Board Member Casello was present. Chair Grant explained staff sent the developer a letter in September about the project and they filed paperwork, but the City indicated more work was needed. Mr. Simon reminded them of their obligation to move forward in a timely manner. Staff met with them to discuss issues they were having, sent an email outlining the discussion points and the issues with the City, and then had a meeting November 9t" with the City plan reviewers, and the architectural firm on the project. The building was difficult to convert to a full service 19 E HISTORIC WOMAN'S CLUB OF BOYNTON BEACH RENTAL AGREEMENT This Rental Agreement ("Agreement") is hereby made by and between the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (the "CRA") and the _Boynton Beach Garden Club, Inc. ("Renter") (individually referred to as a "Party" collectively referred to as the "Parties"), for the rental of the Historic Women's Club of Boynton Beach (together with all associated property and grounds, the "Facility.") 1) Renter's Information: (Print all information. All blank spaces must be completed.) Renter's Name Boynton Beach Garden Club, Inc. Point of Contact (Name)Kay Baker Renter's Address 81 Cedar Circle City Boynton Beach State FL Zip _33436 Phone No. Email Address: Alternate Phone No. Purpose/Intended Use for Rental Regular Meetings of Boynton Beach Garden Club_("Event") Renter is (check all that apply) Individual Civic _✓_ Non-profit =✓ For Profit 2) Event Details. In this Agreement, each individual meeting of the Boynton Beach Garden Club is referred to as a "meeting" while the term Event refers to each meeting individually and all meetings collectively. The Event will take place during the following date(s) and time(s). Dates and times: January 16, 2018 9:30am to 11:30pm January 23, 2018 12:00pm to 3:30pm February 20, 2018 9:30am to 11:30am February 27, 2018 12:00pm to 3:30pm March 20, 2018 9:30am to 11:30am March 27, 2018 12:00pm to 3:30pm April 11, 2018 11:00 am to 4:00pm April 17, 2018 9:30am to 11:30am 00916697-2 Page I of 8 April 24, 2018 12:00pm to 3:30pm May 15, 2018 9:30am to 11:30am May 22, 2018 10:00pm to 3:30pm Approximate Number Attending Event: Over 18 yrs old Under 18 yrs old Describe Event Regular Meetings of Boynton Beach Garden Club The CRA reserves the right to reschedule any meeting for any reason upon 10 days written notice to Renter. List Equipment Needed N/A Will Alcohol be Served? Yes ✓ No READ THE ALCOHOL POLICY CAREFULLY - THERE ARE NO EXCEPTIONS TO THIS POLICY. If alcohol will be served, please list bonded & licensed caterer/bartender that will service Event. (Required) Phone License 4 Bond and/or Insurance Policy 4 Will Food be served? Will you need the Kitchen? Caterer Name License 4 Additional Needs Yes No _Yes No Phone Bond and/or Insurance Policy 4 3) Facility Information and Rates. The CRA will allow Renter to use the facilities selected below for the Event: 1st Floor only ✓ 2nd Floor only Entire Building The cost for the rental of such facilities shall be $0.00 ("Facility Fee") A complete list of venue spaces and associated rates is found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as Exhibit A; however, because of Renter's historic relationship with the Facility, these fees are waived. 4) Additional Services and Fee. The CRA will provide the additional services selected below for a total cost of $0.00 ("Service Fee"). Set-up and break down 00916697-2 Page 2 of 8 Cleaning pre -Event and post -Event Access hours prior to the Event Access hours after the Event Staff members during the Event A complete breakdown of the costs associated with the Service Fee can be found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as Exhibit A. Renter may request additional services for specific meeting dates, and will pay the fees associated with such services in accordance with the version of the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual that exists at the time of the request for additional services. 5) Sales Tax. Florida state sales tax will be charged on the rental fee. Renters claiming exemption from sales tax must provide a copy of the Florida Department of Revenue Form DR -14 "Consumer's Certificate of Sales Tax Exemption." 6) Rental Fee. The total sum of the Facility Fee in Paragraph 3, the Service Fee in Paragraph 4, and sales tax in Paragraph 5 shall be the "Rental Fee." Rental Fee includes payment for the use of space, use of existing lighting and sound equipment, and the existing arrangement of tables and chairs. Any Payment must be made in cash, by money order, personal check, or by certified bank check made payable to the Boynton Beach CRA. 7) Security Fee. The Renter is / ✓ is not required to hire security based on Renter's representations in this Agreement and pursuant to the criteria outlined in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual. Security may be hired from the Palm Beach County Sherriff s Office, the City of Boynton Beach Police Department, or other CRA -approved security provider. 8) Care of Facility. After each meeting, the Renter is responsible for leaving the Facility in the same condition it was in prior to the meeting. Any costs to the CRA for clean-up or for repair or replacement required because of damage to the Facility caused by any Boynton Beach Garden Club meeting will be charged to and paid by the Renter. If Renter fails to care for the Facility as required by this paragraph, the CRA may terminate this Agreement. 9) Inspection. A pre -Event and post -Event walkthrough inspection will be conducted by CRA staff with the Renter. The cost of any and all damage to the Facility, including the equipment, and costs incurred as a result of rule violations will be charged to and paid by Renter. Examples of damage and/or rule violations that will result charges to Renter include but are not limited to: floor stains; stains on walls; broken or missing furniture and/or equipment; defacement of any part of the interior or exterior of the building; damage created by improper use of equipment or non-compliance of facility rules; unauthorized use of the kitchen or other spaces at the Facility; unauthorized extension of Event hours; improper storage of equipment; or failure to properly clean the kitchen and other facilities used for the Event. 00916697-2 Page 3 of 8 10) Parking. The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required ten (10) days prior to the Event. 11) Copyright. Renter will assume responsibility, including financial responsibility, for all cost, liabilities and claims that arise from the use of patented, trademarked, franchised, or copyright music, materials, devices, processes or dramatic rights used in or incorporated in the Event. The Renter agrees to indemnify and hold harmless the CRA from any claims, damages, or costs, including legal fees for all legal work including appeals, which might arise from questions of use of any material described above. 12) Alcohol. Renter assumes all liability for serving and consumption of alcohol. State and local laws apply with regard to serving alcohol and alcohol consumption. The Renter is responsible for obtaining any permits or licenses necessary to sell and/or serve alcohol. Permit and license documents shall be submitted to the CRA no later than sixty (60) days prior to the Event. If alcohol is provided at the Event, liquor liability insurance will be required. The CRA reserves the right to discontinue the service of alcohol at any time during the Event. 13) Cancellation. All cancellations must be reported in writing immediately to the CRA. A meeting may be rescheduled one time if the Renter contacts the CRA in writing at least ninety (90) days prior to the original meeting date and provided a mutually -agreed upon alternate date is available. 14) Emergencies: The CRA reserves the right to cancel or reschedule an Event at any time, with or without prior notice due to emergency or prohibitive circumstances over which it has no control, such as Acts of God, hurricanes, damage to the Facility that renders it unsafe or unusable, or war. If a facility rental must be cancelled due to an emergency, the Renter may reschedule the Event at no additional charge, or will receive for a full refund of the Rental Fee. 15) Compliance with Rules and Regulations. Renter will comply with all rules and regulations in Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual, a copy of which is attached hereto as Exhibit A. The most current version of the Historic Woman's Club Rules and Regulations Manual as it may exist from time to time is hereby incorporated as if fully set forth herein. Failure to comply with any rule or regulation shall be a material breach of this Agreement and the CRA may, in its sole discretion, elect to terminate this Agreement as the result of such breach. 16) Default. The failure of the Renter to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Renter fails to cure the default within seven (7) days of notice from the CRA or prior to the Event, whichever is sooner, the 00916697-2 Page 4 of 8 CRA may terminate this Agreement. Nothing in this paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Renter's breach or default. 17) Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Renter from any cause whatsoever related to the Event or this Agreement, whether such damage or injury occurs before, during, or after the Event. The Renter hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Renter. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. The CRA shall not be liable to Renter for any other damages of any type that Renter may incur as a result of cancellation, default, emergencies, rescheduling or of termination of this Agreement. 18) Indemnification. The Renter shall indemnify, defend, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death and copyright or patent infringement, sustained by any person or entity whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the Event, or the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Renter or this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Renter to indemnify the CRA for the CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 19) No Transfer. The Renter shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without express, written, prior permission from the CRA. 20) Insurance. Renter will obtain all insurance required by the CRA. ✓ Insurance requirements may be waived at the discretion of the CRA Executive Director or his/her designee. In such cases, Renter must sign an indemnification and event attendees must sign a Hold Harmless and Waiver of Liability form releasing the CRA from any and all liability to the extent permitted by law. Additional insurance (e.g., insurance associated with serving alcohol) The Renter shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the Event, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COP') with the liability limit as described above. The Insurance 00916697-2 Page 5 of 8 must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Event or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of services performed by the Renter by or on behalf of the CRA or acts or omission of the Renter in connection with this Agreement. The Certificate must include the following additional insured language: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 If the Renter fails to provide evidence of insurance coverage within ten (10) days prior to the scheduled Event, the CRA may cancel the Event and the Renter will forfeit all rights to the refund of any monies paid to the CRA. The CRA reserves the right to ensure and require that the insurance coverages provided by the Renter are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the Agreement, the CRA should determine that it is in its best interests to insist on an alternative insurance provider, it may do so and the Renter agree to comply with the CRA's decision. The CRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of an agreement and any extensions thereof. The CRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the firms' behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 21) No Discrimination. The Renter shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 22) No Partnership, Etc. The Renter agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the Event. The Renter will exercise its own judgment in matters of safety for itself and attendees of the Event. The Renter attests that it possesses a current personal accident and or personal health insurance policy. 23) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by the Parties. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 24) Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be 00916697-2 Page 6 of 8 transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 25) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the Parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 26) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 27) Independent Advice. The Parties declare that the terms of this Agreement and all Exhibits have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 28) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties so long as the Parties' rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. To that end this Agreement is declared severable. 29) Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion and only as permitted by law, waive any requirement of the Renter contained in this Agreement. 30) Public Records. The Renter also understands that CRA may disclose any document in connection with this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 31) Compliance with Laws. In its performance under this Agreement, the Renter shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. 32) Effective Date and Termination. This Agreement will become effective at the date and time that the last parry signs this Agreement. This Agreement will automatically terminate after the May 22, 2018 meeting and any applicable final payment is received by the CRA, whichever is later. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or reschedule any meeting pursuant to this Agreement. 33) Survival. The provisions of this Agreement regarding the content of the Event, copyright, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. Authorized Representative Printed Name Signature Date 00916697-2 Page 7 of 8 Please return the completed agreement to: CRA Executive Director c/o Historic Woman's Club of Boynton Beach 710 N. Federal Highway Boynton Beach, FL 33435 Phone (561) 737-3256 FOR OFFICE USE ONLY Reviewed by: Date: Approved: Notes: 00916697-2 Page 8 of 8 The Historic Woman's Club of Boynton Beach RULES AND REGULATIONS MANUAL Owned and Operated by the Moy To, 1:5 N N } B EAC C RA, UUFy[bLiPIIiI TABLE OF CONTENTS GENERAL ADMINISTRATION..........................................................................3 FACILITY USE POLICIES...............................................................................3 Reservations.......................................................................................4 General Conditions...............................................................................4 STAFFING/VENDORS....................................................................................8 CATERING POLICY.......................................................................................9 Catering Kitchen Overview....................................................................9 Clean i ng/Access/Usage .........................................................................9 Facility Equipment and Furnishings.......................................................10 REGULATION OF ALCOHOL SERVICE POLICY................................................11 Introduction.......................................................................................11 Policy................................................................................................11 FACILITY RENTAL FEES...............................................................................13 AdditionalFees..................................................................................13 Page 2 of 14 GENERAL ADMINISTRATION The Historic Woman's Club of Boynton Beach (Facility) is available for rent throughout the year from the Boynton Beach Community Redevelopment Agency (CRA). The Facility may be reserved each year for events produced by the CRA. The CRA events are subject to change at the discretion of the CRA. Please check with CRA staff or designee for general availability. A meeting maybe required prior to approval to discuss the reservation request. Viewing the Facility is by appointment only. Please contact the CRA at (561) 369-2300 or via email at WomansClubp_bbfl.us. CRA Office Hours: Monday -Friday 8:30 A.M. to 5:30 P.M. The CRA Office is closed on weekends and holidays. For purposes of this Rules and Regulations Manual and for any Rental Agreement, the term "Facility" includes the grounds, improvements, and all other property associated with the Facility, FACILITY USE POLICY The CRA welcomes organizations and individuals, hereinafter referred to as "a Renter," to reserve the Facility for public or private meetings and specific events/activities. The purpose of this policy is to provide guidelines specifically for the use of the Facility. This policy establishes the procedures to (1) reserve the use of the Facility; (2) provide for proper care of the Facility; and (3) ensure that the Renter's activities do not conflict with the Facility purposes and activities, state or federal laws, local ordinances, or policies adopted by the CRA. The first priority for reserving the facility will be given to the CRA. Charges and fees will be assessed for use of the Facility and will vary according on the Renter's address (local or non -local), amount of space required, date of the event, related services needed for the event and the organizational type of Renter (non-profit, civic, individual, for-profit). In order to preserve and protect the Facility and its guests, the CRA may, at its discretion, require the Renter to obtain additional security, custodial, or technical services based on the event. Fees for these services will be the responsibility of the Renter. The CRA does not discriminate on the basis of race, sex, color, religious affiliation, age, or national origin. Groups or organizations using the Facility may not deny admission to their activities based upon race, sex, color, religious affiliation, age, or national origin. Approval to use the Facility is not an endorsement by the CRA of the Renter's organization or group. Page 3 of 14 Reservations 1) Reservations for Facility use shall be effectuated through a written Rental Agreement (the Agreement) only, are subject to availability of requested date, and shall be granted on a first-come, first-served basis. All events will begin and end at times specified in this document and Agreement. The Renter will be responsible to ensure that the event ends on time. Additional fees will be assessed, or deducted from any refundable deposit, for failure to vacate the Facility within the scheduled time. A completed Rental Agreement may be delivered to the CRA or emailed to WomansClub(a_bbfl.us. 2) Individuals or organizations may rent the Facility for private functions; proof of residency/business location is required to rent the Facility at the "local" rate. 3) The CRA reserves the right to deny rental to any individual or organization which, in the opinion of the CRA, would be detrimental to the care of the Facility, safety of event attendees or reflect negatively on the CRA or Facility but will not deny rental on the basis of race, sex, color, religious affiliation, age, or national origin. 4) No space/date shall be held as a confirmed reservation for an event or placed on the Facility calendar until the Rental Fee Deposit is paid to the CRA. 5) Rental of Facility on holidays observed by the CRA may be subject to staffing availability. 6) Contracts must contain a legal signature of an adult (21 years and older), who shall be considered the Renter if the Renter is not an organization. If the Renter is an organization, the person signing the Agreement must be authorized to do so by that organization. The person signing the contract must be in attendance throughout the entire event. Renter is legally responsible for making sure all procedures are followed. It shall be the responsibility of the Renter to properly care for the Facility and all associated property. Renter is responsible for any and all damage to the Facility caused as a result of the event or his/her/its guests. 7) A Rental Agreement with a Renter may not be transferred or assigned to any other person or group without the approval of the CRA staff or designee. 8) Renter will identify the Facility in use by the full -specified name, i.e. the "Historic Woman's Club of Boynton Beach" on all printed material and advertising. No advertising or publicity of any nature may state or imply that CRA or Facility is responsible for Renter activities during the period of use. General Conditions 1) Renter understands and agrees that CRA does not relinquish the right to control the 00916719-1 Page 4 of 14 management of Facility. The CRA retains the right to enforce all necessary laws, rules and regulations during an event. All CRA authorized personnel may enter the part(s) of the building being used and any other unused part(s) of the building at any time, including during any event, without restriction whatsoever. The Facility, including the space that is being used and all parking areas, will be at all times under the control of the CRA. 2) Renter and their guests must at all times conduct their activities with full regard to public safety and shall at all times abide by directives of the CRA staff, their representative(s), or any other duly authorized governmental official responsible for public safety. Failure to do so will result in immediate cancellation of the event and ejection from the Facility. 3) Renters and their guests shall not enter any area of the Facility not covered by the Rental Agreement. 4) The CRA reserves the right to withhold all or a portion of the Facility Damage Deposit and/or close an event if it determines that the Renter has misrepresented information on the Rental Agreement or related documents. Examples of such misrepresentations include, but are not limited to- failure to disclose the true nature of the event; exceeding the reported number of guests; and failure to report the sale or service of alcohol. 5) Access to the Facility is only allowed on the day of the event unless otherwise specified in the Rental Agreement. No access is permitted to the Facility prior to or after an event without advance permission of the appropriate CRA staff member or designee. 6) Music at the function/event must cease at 11.30 pm. The club building must be quietly vacated by 12.00 A.M. (midnight) due to proximity of a residential area. 7) The CRA assumes no responsibility for the property of any Renter or event attendee while it is located at the Facility, and is not responsible for holding or returning any property left at the Facility. CRA does not provide storage. Please make arrangements to remove all items and decorations at the conclusion of each event. CRA staff or contractor will dispose of any items left from events and a service charge may be applied for such removal and may be deducted from any refundable deposit. 8) All exit doors must remain operable and no part of any hallway, corridor or exit within or outside of the Facility may be used in a way that obstructs its use as an exit. No doors may be propped open at any time. 9) If the Renter or an attendee of Renter's event sets off the fire alarm purposefully when it is not necessary to do so or as a result of any unapproved activity, the Renter 00916719-1 Page 5 of 14 will be responsible for any costs or fines which result. 10) All tobacco products and electronic cigarettes (including vape pens) are prohibited on CRA property, including the Facility. 11) Firearms and weapons are not permitted at the Facility. 12) Gambling activity is prohibited in the Facility. 13) Political distribution of candidate or other political literature is prohibited unless the activity is part of a fundraising event held at the Facility subject to a Rental Agreement. 14) Hanging items- The use of bolts, staples, screws, nails, hooks, tacks, tape or similar fasteners or attachment to hang banners, posters, etc. on any wall, floor, ceiling, windows or doors is strictly prohibited. Renter may not hang anything from the fans or ceiling/rafters at any time. There are hooks and rods in the ceilings of the ballroom and the dining room specifically for this. Anything that needs to be removed from any walls will be done by the CRA. Nothing shall be attached or affixed in any way to the murals on the stage or in the dining room. 15) The use of confetti, bubbles, and the like are strongly discouraged and may cause the Renter to incur additional cleaning charges. Birdseed, rice, glitter, colored powders, silly string, fireworks (including sparklers), open flame candles (battery operated candles are permitted), or grills are not allowed. 16) Only Sterno -style heating elements used by an approved caterer are allowed to heat or keep food warm outside of the kitchen. 17) Live plants are subject to approval by CRA staff or designee. Silk and fresh cut flower arrangements are allowed. Plant saucers or waterproof wrapping must be provided by Renter on any plant, palms, or trees brought into the Facility by Renter and/or Renter's Caterer or attendees of the event. 18) No animals or pets (other than service animals) will be permitted inside the Facility unless pre -approved by the CRA staff or designee. 19) The CRA includes the use of tables and chairs in the rental price. Tables and chairs already in the room are to be arranged by the Renter. The rental fee does not cover the breakdown and storage of tables and chairs. No furniture will be moved from one floor to another by Renter. If this is needed, a floor plan will be requested and applicable set up/break-down fee will be charged. The Library table is not to be moved at all. Renter, Renter's caterer or other contractor, and/or attendees to Renter's event shall not remove tables, chairs or other equipment from the Facility. No tables and/or chairs are available for loan for off-site functions. 00916719-1 Page 6 of 14 20) All other items to facilitate the event must be provided by Renter. 21) Standing on tables, chairs, and all Facility furniture is strictly prohibited. 22) For large events, Renters will be allowed extra time the following morning to remove the remainder of party effects, but everything must be gone by 10 am morning following the event, or a designated time approved by the CRA; otherwise $100 charge per hour will be assessed. 23) Renters are advised that the City of Boynton Beach has a sign ordinance. Any fines that result from illegal signage placed by the Renter will be the responsibility of the Renter. The use of all temporary signs or banners must be discussed and approved by the appropriate CRA staff or designee and the Renter must obtain a temporary signage permit if required by the City of Boynton Beach. 24) Operation, repair or service of audio-visual, sound, lighting and any other equipment brought into the Facility by the Renter is the sole responsibility of Renter. 25) No artwork can be removed or covered during any function. 26) Destruction or defacing of any CRA property or artwork will result in additional charges for repairs or replacement. 27) All garbage is to be put outside and the covers on the garbage pails closed. 28) Parking: The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required seven (7) days prior to the event. Page 7 of 14 29) The Kitchen area utilized by Renter or Renter's caterer is subject to the Catering Policy. It is the responsibility of the Renter to ensure that the caterer is aware of these requirements. 30) Alcohol may only be served or sold after receiving written pre -approval from the CRA, and subject to any restrictions imposed by the CRA and in compliance with the Facility's Regulation of Alcohol Service Policy. No brown bagging or "bring your own" permitted. STAFFINGIVENDORS 1) The CRA staff member(s), or designee, serving as the Event Manager is required to be on site for all events held in the Facility. Staff are on site to provide access to the Facility and are available to assist in making events successful. Staff members on duty are not responsible for resetting tables/chairs or providing post -event cleanup services. Those services will be arranged in advance and applicable fees will be the responsibility of the Renter. Please inform the CRA staff or designee on duty of any requests or needs that might arise, or in the event of an emergency. Additionally, the Event Manager has the full authority of the CRA to request the Renter and Renter's attendees maintain order. If the Event Manager feels that decorum or behavior is not maintained and the situation has become unmanageable, he/she is authorized to call the police to the Facility. 2) All events must be appropriately staffed according to the type of event. Specialty staffing can include, but is not limited to the following: lighting technician, sound technician, security, and custodians. 3) Applicable fees for security will be the responsibility of the Renter. The Renter may be required to hire a Palm Beach County Sheriff's Officer, a City of Boynton Beach Page 8 of 14 Police Officer, or other CRA -approved security provider based on the use of the Facility, the anticipated duration of the event (including set-up and breakdown time), the number of people anticipated to be in attendance, the activities to occur at the event, whether food will be served, whether alcohol is served, and any other factor related to the security of the Facility and surrounding areas. The number of security personnel for an event shall be determined by the CRA staff or designee. 4) While the CRA does not require Renter to utilize preferred vendors, outside vendors must be approved by the CRA staff or designee prior to event. CATERING POLICY The Facility does not provide in-house catering. It is the Renter's responsibility to sign and enter into a separate agreementwith the caterer. All caterers must provide the Facility with proof of a current permanent permit issued by the Florida Department of Health before operating on the Facility premises. This document must be received sixty (60) days prior to event. If the caterer is serving alcohol, they must provide a copy of all appropriate alcohol permits required by the State of Florida sixty (60) days prior to the event. Catering Kitchen Overview 1) The caterer is responsible for acquiring and providing all necessary supplies for both serving and cleaning, including, but not limited to, paper towels, dishcloths, dish towels, hand soap, dish detergent, etc. The CRA does not supply any of these items. 2) All food and beverage brought into the Facility must be in closed containers, covered and with paper, plastic or cloth lids. 3) Ice chest(s) or any food coolers sitting on the floor must have plastic under them. The center does not have an ice machine and the Renter or Renter's caterer may need to provide ice for large events. 4) Because the kitchen is only a warming kitchen, all foods must be fully cooked before being brought into the Facility. Please do not place fish in the refrigerator. 5) Food preparation cannot include any open flame cooking inside the Facility. Sterno is the only heating element to be used inside the Facility. 6) Tables must be covered when food or drinks are being served. Cleaning/Access/Usage 1) Counter tops, food preparation tables, and food service carts should be thoroughly cleaned after each use. Page 9 of 14 2) All floors must be swept and mopped (brooms, dustpans and mops are provided). Cleaning solutions must be provided by CRA. All trash must be bagged and put outside; recycling must be separated and placed in outdoor receptacles. Do not use bleach on floors. 3) All food products or empty food containers brought into the Facility by the Renter MUST be removed from the Facility at the conclusion of each event. No items may be stored overnight without prior permission. 4) At the conclusion of each event, it is the responsibility of the Renter or caterer to thoroughly clean any equipment used, including counter tops, microwaves and warmers. Please remember to turn OFF all appliances, except the refrigerator, before vacating the Facility. 5) Access to the kitchen is only allowed on the day of the event during rented hours. No access is permitted to the kitchen or any other area prior to or after an event without permission from the appropriate CRA staff or designee. 6) Should the event require the delivery of bulk food items, plates, linens, etc. prior to the event, such deliveries must be arranged in advance with the CRA staff or designee. The CRA will not unload, sign for, or accept deliveries from third parties. 7) Should the event require beverage delivery, alcohol or otherwise, please make arrangements with the appropriate CRA staff or designee for a delivery time and make provisions to have a designated person on site to receive the delivery. 8) It is the responsibility of the Renter, caterer, and bartender to keep the kitchen area clean and organized neatly during all events. Facility Equipment and Furnishings 1) If any loss or damage to CRA property occurs as a result of the event, the Rental Agreement, or otherwise related to the Renter's actions or inactions, the Renter shall be responsible for compensating the CRA for all such loss or damage. The CRA shall determine, in its sole discretion, whether the damaged property is to be repaired or replaced. Any refundable deposit held shall be applied to the cost of repair or replacement, and additional costs to repair or replace lost or damaged items in excess of deposit shall be paid by Renter. All repair and replacement shall be conducted or contracted for by the CRA, and Renter shall not attempt to repair, replace, or hire another to repair or replace any damaged property without the prior, express, written permission of the CRA. 2) Facility tables and chairs are for use inside the building only. 3) Additional furniture required for an event must be approved by the CRA staff or 00916719-1 Page 10 of 14 designee. The cost of the additional furniture must be paid directly to the supplier by the Renter. 4) Any equipment rented from an outside source must be removed at the end of the event. Renter will be required to pay the cost of removal if necessary. The CRA is not responsible for any items rented or brought in from an outside vendor/supplier. 5) The CRA will not lend any furniture for matters occurring away from the Facility. 6) The CRA does not provide storage of any kind within the Facility. REGULATION OF ALCOHOL SERVICE POLICY Introduction Policies and procedures governing the service of alcohol in the Facility must be followed by Renter, Renter's event/attendees, Renter's staff or members, Renter's caterers, and all others using/attending an event in the Facility. Illegal and/or abusive alcohol practices will not be tolerated. All laws of the United States government or state of Florida regarding alcohol, including licensing requirements, will be followed. Approved service (including sale) for alcohol is restricted only to events held at the Facility in designated areas. Policy Renters, both organizations and individuals, may request to provide alcohol service. In order to provide alcohol services, the Renter must adhere to the following: 1) Renters will submit a completed "Application to Provide Alcohol Services" to the CRA if alcohol is sold for consumption on the premise. An application and more information can be found at the Florida Division of Alcoholic Beverages and Tobacco- http://www.myfloridalicense.com/DBPR/abt/ABT-Licenselnformation.html 2) Renter will submit a copy of a liability insurance policy showing liability for any matters arising from serving alcohol. The liability policy shall meet the minimum value of required coverage and will name the CRA and the Facility as additional insured. The Renter will assume all liability and will execute a hold harmless agreement in favor of the CRA and Facility. The certificate of liability insurance must be submitted to the Facility no later than ten (10) days prior to the scheduled event. 3) All alcohol will be served by an approved certified bartender and/or licensed insured caterer if alcohol is sold for consumption on the premise. All bartenders and caterers must provide documentation for certification or license, and bond and/or insurance. 00916719-1 Page 11 of 14 4) A non-profit organization may sell beer and wine at a single fund-raising event of that organization. Renter must obtain a Special Permit for Sale of Alcohol from the Special Permit from the Florida Division of Alcoholic Beverages and Tobacco and include liquor liability coverage in the required liability insurance policy. The Renter may then contract with a certified bartender/caterer to sell the beer and/or wine at a single fund-raising event. Bartender must provide proof of certification no later than ten (10) days prior to event. If a non-profit organization contracts with a caterer for bartending services, caterer must provide proof of Florida license and liquor liability insurance no later than ten (10) days prior to event. 5) No alcohol will be offered on a self-service basis. No brown bagging or "bring your own" is permitted. 6) Events where alcohol is served may be required to have one or more uniformed security officers present. Cost for officers on duty will be the responsibility of the Renter. The CRA staff or designee will determine the number of officers required. 7) The certified bartender and/or licensed insured catererwill be responsible for limiting alcohol consumption to legally allowable limits. 8) The certified bartender and/or licensed insured caterer shall not serve alcohol to any person under twenty-one (21) years of age, to any CRA staff or designee or hired staff working the event, and must require proper identification prior to service. 9) All alcohol service (including all sales) will stop 30 minutes prior to the end of event. 10) The CRA has the right at any time during an event to stop the service (including sale) of alcohol if the CRA staff or designee deem necessary. CRA staff or designee reserves the right to eject or cause to be ejected from the premises any intoxicated or any disorderly person(s), and neither the CRA, the City of Boynton Beach nor any of its officers, agents or employees shall be liable for any damage that may be sustained by the Renter by the exercise of such right. Page 12 of 14 FACILITY RENTAL FEES Venue Space (including Kitchen) Day of Event Non -Local Local Total Weekend $750 $675 Non -Weekend $500 $450 Weekend $2,250 $2,025 Non -Weekend $1,500 $1,350 $100 Weekend $3,000 $2,700 Non -Weekend $2,000 $1,800 The following entities are eligible to rent the Facility: Local Individual: An individual whose home address is located within the City limits of Boynton Beach. Residency is subject to verification by staff. Non -local Individual: An individual who does not reside within the City limits of Boynton Beach. Non-profit: A business entity that is granted tax-exempt status by the Internal Revenue Service. Civic: A government entity, service club, fraternal/sorority society, or association operating for educational or community purposes. For-profit: A business entity that aims to earn profit through its operations and is concerned with its own interests and not those of the general public Additional Fees SET-UP/BREAK-DOWN AND CLEANING FEES Venue Space Set -Up and Break- Cleaning Pre- and Total (including Kitchen) Down Post -Event (tables and chairs) 1St Floor East Side $100 $200 $300 1St Floor West Side $100 $200 $300 Page 13 of 14 2nd Floor $200 $400 $600 Entire Building $400 $800 $1,200 MISCELLANEOUS FEES Staffing $25/hr. Pre- and post- event access $50/hr. By my signature, I agree to comply with all rules, regulations, laws, ordinances of the City of Boynton Beach and CRA policies in regard to the rental and/or use of the Facility. Print Name of Renter: Signature of Renter: Date: Page 14 of 14 CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.K. SUBJECT: Consideration of the Rental Agreement with the Boynton Beach Historic Society for the Historic Woman's Club of Boynton Beach SUMMARY: On November 14, 2017, the CRA Board established the rental rates for the Historic Woman's Club of Boynton Beach (HWCBB) and three non-profit organizations (Boynton Woman's Club, Boynton Beach Garden Club, and Boynton Beach Historical Society) which have historically used the facility as a location for their regular meetings and annual or fundraiser event (see Attachment I - November 14, 2017 Minutes). The Board waived the rental fee for the Boynton Beach Historical Society's meetings and one Pot -Luck Dinner but not additional service fees if events are held after CRA business hours or if they require additional service fees such as set-up/breakdown, staffing, security, or cleaning. These fees may be assessed by the CRA for larger events (over 60 people), events with a higher -impact or risk, and/or events with alcohol service. The Boynton Beach Historical Society's representative indicated that they will only be having one event on February 19, 2018 (75-100 attendees) to be held at night between 5:30 P.M. and 8:30 P.M. The event will require chairs to be set up for attendees on the first and second floors for presentations but will not have alcohol service. The draft Rental Agreement with the Boynton Beach Historical Society for the HWCBB has been approved by legal counsel and is attached for Board consideration (see Attachment 11). On December 12, 2017, the Board also approved the Rules and Regulations Manual for the facility, subject to review by legal counsel, to be incorporated as Exhibit A for all rental agreements. The final draft of the Manual will be part of this rental agreement upon Board approval (see Attachment 111). FISCAL IMPACT: N/A CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan: Historic Properties and Federal Highway District and 2010 Downtown Vision and Master Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Approve the Boynton Beach Historical Society Rental Agreement for the Historic Woman's Club of Boynton Beach as presetnted. 2. Do not approve the Boynton Beach Historical Society Rental Agreement for the Historic Woman's Club of Boynton Beach as presented. 3. Approval of alternative terms, conditions, or modifications to the Boynton Beach Historical Society Rental Agreement for the Historic Woman's Club of Boynton Beach. ATTACHMENTS: Description D Attachment I - November 14, 2017 Minutes D Attachment II - Draft Historic Society Rental Agreement D Attachment III - Draft Rules and Regulations Manual for the HWCBB Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 being evaluated. The disposal or selling or giving the property may not be required. He suggested the Board address the buffering requirements as opposed to the disposing of the property to the benefit of another property that would not be included in the CRA's affordable housing effort. Board direction is helpful so when they write the RFP, they can hone in on what the Board would like to see. Motion Board Member McCray thought there was too much occurring and wanted to table the matter until Board Member Casello was present. He noted they already have large projects the Board was subsidizing and the Board cannot keep going to the well. Chair Grant noted there are currently Land Development Regulation's (LDRs) in place and staff could conduct an analysis based on the LDRs what is outside of the building's area so there should not be a worry if they need a variance to build more than 10 to 15 feet closer to the current structure on the property line. Chair Grant spoke to Mr. Simon and Ms. Shutt about the vacant property owned by the Palm Beach County Housing Authority. He asked if the Board was interested in sending them a letter of intent as the property next to the Carolyn Sims Center could be included in the Cottage District. He wanted to include their land in the RFP and work together for affordable homes. The Housing Authority has access to HUD funds and others to make the project affordable. Board Member McCray liked the concept of expansion, but advised he does not want another project in Cherry Hill. He wanted only single-family homes constructed on property owned by the Palm Beach County Housing Authority. Board Member Romelus thought there was no need to rush the process and let the market dictate interest. She also favored moving on the Housing Authority property. Vice Chair Katz was in favor of approaching the Palm Beach County Housing Authority, but did not know if bundling random properties that are not part of this particular potential project was the best way to approach the matter. He supported obtaining all of their property because the Housing Authority was not doing anything with the land. Board Member Romelus seconded the motion to table the item. The motion unanimously passed. There was consensus to table the item for six months. G. Consideration of Naming Options, Rental Rates, and Schedule for Critical Repairs for the CRA -Owned Property Located at 1010 S. Federal Highway, formerly known as the Boynton Woman's Club Chair Grant explained the Board received three name options: The Major Nathan S. Boynton Center Building; The Historic Woman's Club of Boynton Beach; and The Addison of Boynton Beach. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Board Member McCray did not favor the first option as it sounds like a museum and he noted there are other Addison buildings. He liked The Historic Woman's Club of Boynton Beach. Chair Grant agreed as did Vice Chair Katz and Board Member Romelus. Chair Grant opened the item to comment. Pat Waldron, Boynton Woman's Club member, and Michele Walter, 11242 Quail Covey Road, President of the Boynton Woman's Club, thought the members would agree to the Historic Women's Club of Boynton Beach. She noted the building is on the Local Register and the Historic National Register and queried if the building was renamed, if staff would contact the Register and update its name. Ms. Shutt agreed to check. She asked if they could leave the name alone and locally call it the Boynton Woman's Club. Mr. Simon thought there would be no issue. They thanked the CRA as the sale went well and they appreciated all of staff's work. Ms. Walter asked if they could keep the name as is until they get information on what to do to keep it on the National Register. Chair Grant explained there needed to be a distinction and staff was seeking to avoid confusion between the organization and the CRA. Staff will bring back information. Ms. Shutt advised staff researched other facilities with similar uses and venues and provided the information in the meeting backup. In reference to the rental rates, staff had proposed rates with discounts for local residents and entities, and separate rates for the non -local entities. They have rates for weekend and non -weekend rentals and for the first floor, second floor or the entire building. The CRA would need to charge set up and clean up fees and typical ancillary charges. Staff also wants to bring back policies and procedures and are determining the appropriate amount of insurance renters would need to purchase for their event. Vice Chair Katz and Board Member McCray supported the request as presented. Chair Grant asked if the Boynton Woman's Club would have to pay the rental fee and learned if the organization is located in the district, they get the discounted rates for special events. Chair Grant wanted to look at alternative structures. Board Member McCray agreed. Chair Grant requested Mr. Simon come back to speak with the President of the Woman's Club what they would like to see for the future of the building. Chair Grant wanted the Woman's Club to continue to use the building for their meetings free of charge. They meet twice a month on Thursdays and will forward their schedule. They do not require any extra setup, and they clean up after their meetings. If there is a special event that requires setup, the Woman's Club would pay the fee and all will be formalized in an agreement. It was noted no gala was planned for 201712018, only the regular meetings. Chair Grant commented if the Woman's Club does decide to have one, there would be one complimentary rental and just pay the set-up fee. Ms. Waldron commented if they have a gala, they would partner with the City and CRA because the funds would go towards a special project for the building. The Woman's Club wanted to stay involved and assist with items the building may need. `fl Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Barbara Ready, 329 SW 13th Avenue, apprised the Board she is a member of the Board of Directors for the Boynton Beach Historical Society and they do not hold meetings every month. The Historical Society has used the Club for some of their meetings and their annual pot -luck dinner every May. She wanted to plant a seed as they are a non-profit and have made donations to the Women's Club and used the facility. She hoped they would receive some consideration regarding the pricing. Chair Grant noted organizations which have the words Boynton Beach or Boynton's name in it seemed to have been using the building for a long time. Kay Baker, 3303 Hayden Court, was present on behalf of the Boynton Beach Garden Club. At the invitation of the Woman's Club, the Garden Club has held meetings in the building for many years and in return, handled maintenance and the gardening around the building. They hoped they too would receive some type of consideration as a non- profit. They raise funds for scholarships and various activities, Accordingly, they do not have money. Chair Grant explained there were contracts not written associated with the Woman's Club and thought the Board would want to honor those informal agreements. They have to have a different government entity or non-profit rate. Vice Chair Katz explained the Board should accept the organizations that have used the facility and draw a line because every non-profit will want the same accommodation. Chair Grant emphasized this was for existing verbal contracts. The Woman's Club could provide a list and move forward with written contracts in the future. Ms. Waldron explained there was an understanding with the Garden Club and Historical Society. The Historical Society meets in the Library. They use the Woman's Club when the Library is closed on holidays. She also pointed out they do not know where the new Library will be placed temporarily in the future. Vice Chair Katz asked if there was anyone else who used the facility for an extended time, but learned they had in their rental rates, a lesser rate for non -profits. Vice Chair Katz recommended staff review the contracts and/or the understandings with the two organizations in relation to the Woman's Club, and grandfather them in so as to not be cost prohibitive. Many Women's Club members belong to the Garden Club and Historical Society. Ms. Shutt agreed to review the local and non -local rates, for residential and civic, and non—profits and for-profit groups. They would investigate special rates for the three existing non -profits that have used the building for years. The Boynton's Woman's Club will meet twice monthly, plus one complimentary gala and any other special events there will be set up and extra costs for clean-up. The Historical Society would hold their monthly meetings as well as considering a reduced rate for their annual pot -luck event in May and the Garden Club would use the building for their regular meetings and continue to meet there. There are different prices for rentals for local and M Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 non -local organizations. There was no difference in price between local and non -local entities, only for-profit and non-profit entities. Mr. Simon explained the facilities the City owns acknowledges residents with a discount rate or a non-profit, which was what the CRA emulated. The policies were at the Board's discretion. The CRA prices were slightly less. Vice Chair Katz noted the Board was only waiving the rental fee for the complimentary gala and was not picking up the tab for the event. He supported the resident, non-resident rates, but did not support creating a profit or non-profit tier, as non -profits would flood the calendar. Chair Grant agreed as did Board Members McCray and Romelus. Staff will come back with a rental procedure for the three aforementioned entities. Ms. Shutt explained all but the reroofing or roof replacement will be done by the end of the year. The air conditioning will be replaced as would the waterproofing of the elevator pit. The mold remediation should also be finished by the end of the year. The initial estimate exceeded $25,000 and they have to issue an Invitation to Bid. The contract for the successful bidder will return to the Board in February. The improvements will take place between events. Ms. Waldron noted the roof was installed 11 years ago. Ms. Shutt explained roofing experts inspected the roof and indicated it needed work. Staff was getting a second opinion. The underlayment where the building meets the roof needs additional flashing. The elements and workmanship determines how long the roof actually lasts. Board Member Romelus asked if the Garden Club would continue to maintain the gardens at the facility and learned the Garden Club was moving on to community gardens. Mr. Simon clarified the grounds are maintained by a professional landscaping company. The Garden Club is welcome to have special projects. They planted Bouganvillia on the east side of the building and only assisted with the front garden when warranted. If time allows and someone wants, they will see what they could do. Mr. Simon suggested supporting a special project in return for use of the building. H. Project Update 211 E. Ocean Avenue Motion Vice Chair Katz moved to table the item until Board Member Casello was present. Chair Grant explained staff sent the developer a letter in September about the project and they filed paperwork, but the City indicated more work was needed. Mr. Simon reminded them of their obligation to move forward in a timely manner. Staff met with them to discuss issues they were having, sent an email outlining the discussion points and the issues with the City, and then had a meeting November 9t" with the City plan reviewers, and the architectural firm on the project. The building was difficult to convert to a full service 19 E HISTORIC WOMAN'S CLUB OF BOYNTON BEACH RENTAL AGREEMENT This Rental Agreement ("Agreement") is hereby made by and between the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (the "CRA") and the _Boynton Beach Historical Society, Inc. ("Renter") (individually referred to as a "Party" collectively referred to as the "Parties"), for the rental of the Historic Women's Club of Boynton Beach (together with all associated property and grounds, the "Facility.") 1) Renter's Information: (Print all information. All blank spaces must be completed.) Renter's Name Boynton Beach Historical Society, Inc. Point of Contact (Name) Renter's Address 5517 Descartes Circle City Boynton Beach State FL Zip _33472 Phone No. Email Address: Alternate Phone No. Purpose/Intended Use for Rental Regular Meeting _ of f Boynton Beach Historical SocietX ("Event"). Renter is (check all that apply) Individual Civic _✓_ Non-profit =✓ For Profit 2) Event Details. The Event will be restricted to the date, time, number of attendees, and description provided below. The CRA may, in its sole discretion, allow for reasonable variances from the information provided in this paragraph. Event Date: February 19, 2018. Time In Event Start Time 5:30 pm End Time 1.30pm_ Time Out Approximate Number Attending Event: Over 18 yrs old 75-100 Under 18 yrs old Describe Event Regular Meeting of f Boynton Beach Historical Society List Equipment Needed N/A 00916720-1 Will Alcohol be Served? Yes ✓ No READ THE ALCOHOL POLICY CAREFULLY - THERE ARE NO EXCEPTIONS TO THIS POLICY. If alcohol will be served, please list bonded & licensed caterer/bartender that will service Event. (Required) Phone License 4 Bond and/or Insurance Policy 4 Will Food be served? Will you need the Kitchen? Caterer Name License 4 Additional Needs Yes No _Yes No Phone Bond and/or Insurance Policy 4 3) Facility Information and Rates. The CRA will allow Renter to use the facilities selected below for the Event: 1st Floor only 2nd Floor only Entire Building ✓ The cost for the rental of such facilities shall be $0.00 ("Facility Fee") A complete list of venue spaces and associated rates is found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as Exhibit A; however, because of Renter's historic relationship with the Facility, these fees are waived. 4) Additional Services and Fee. The CRA will provide the additional services selected below for a total cost of $1,175.00 ("Service Fee"). Set-up and break down $300.00 Cleaning pre -Event and post -Event $800.00 Access hours prior to the Event Access hours after the Event $75.00 Staff members during the Event ($25/hour) A complete breakdown of the costs associated with the Service Fee can be found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached 00916720-1 hereto as Exhibit A. Renter may request additional services, and will pay the fees associated with such services in accordance with the version of the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual that exists at the time of the request for additional services. 5) Sales Tax. Florida state sales tax will be charged on the Facility Fee and Service Fee, if any fee is paid. If Renter claims exemption from sales tax, Renter must provide a copy of the Florida Department of Revenue Form DR -14 "Consumer's Certificate of Sales Tax Exemption." 6) Rental Fee. The total sum of the Facility Fee in Paragraph 3, the Service Fee in Paragraph 4, and sales tax in Paragraph 5 shall be the "Rental Fee." Rental Fee includes payment for the use of space, use of existing lighting and sound equipment, and the existing arrangement of tables and chairs. Any Payment must be made in cash, by money order, personal check, or by certified bank check made payable to the Boynton Beach CRA. 7) Rental Fee Deposit. Fifty percent (50%) of the Rental Fee must be received no later than three (3) days after execution of the rental agreement by the CRA in order to reserve the Facility for the Event. 8) Balance Payment. The remaining fifty percent (50%) balance must be paid ten (10) days prior to the Event. Failure to make balance payment will result in Event cancellation. 9) Security Fee. The Renter is / ✓ is not required to hire security based on Renter's representations in this Agreement and pursuant to the criteria outlined in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual. Security may be hired from the Palm Beach County Sherriff s Office, the City of Boynton Beach Police Department, or other CRA -approved security provider. 10) Care of Facility. After the Event, the Renter is responsible for leaving the Facility in the same condition it was in prior to the Event. Any costs to the CRA for clean-up or for repair or replacement required because of damage to the Facility caused by the Event will be charged to and paid by Renter. If Renter fails to care for the Facility as required by this paragraph, the CRA may terminate this Agreement. 11) Inspection. A pre -Event and post -Event walkthrough inspection will be conducted by CRA staff with the Renter. The cost of any and all damage to the Facility, including the equipment, and costs incurred as a result of rule violations will be charged to and paid for by Renter. Examples of damage and/or rule violations that will result in charges to Renter include but are not limited to: floor stains; stains on walls; broken or missing furniture and/or equipment; defacement of any part of the interior or exterior of the building; damage created by improper use of equipment or non-compliance of facility rules; unauthorized use of the kitchen or other spaces at the Facility; unauthorized extension of Event hours; improper storage of equipment; or failure to properly clean the kitchen and other facilities used for the Event. 12) Parking. The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in 00916720-1 the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required ten (10) days prior to the Event. 13) Copyright. Renter will assume responsibility, including financial responsibility, for all cost, liabilities and claims that arise from the use of patented, trademarked, franchised, or copyright music, materials, devices, processes or dramatic rights used in or incorporated in the Event. The Renter agrees to indemnify and hold harmless the CRA from any claims, damages, or costs, including legal fees for all legal work including appeals, which might arise from questions of use of any material described above. 14) Alcohol. Renter assumes all liability for serving and consumption of alcohol. State and local laws apply with regard to serving alcohol and alcohol consumption. The Renter is responsible for obtaining any permits or licenses necessary to sell and/or serve alcohol. Permit and license documents shall be submitted to the CRA no later than sixty (60) days prior to the Event. If alcohol is provided at the Event, liquor liability insurance will be required. The CRA reserves the right to discontinue the service of alcohol at any time during the Event. 15) Cancellation. All cancellations must be reported in writing immediately to the CRA. Rescheduling of the meeting is subject to the availability of the Facility on a mutually -agreed upon alternate date. 16) Emergencies: The CRA reserves the right to cancel or reschedule an Event at any time, with or without prior notice due to emergency or prohibitive circumstances over which it has no control, such as Acts of God, hurricanes, damage to the Facility that renders it unsafe or unusable, or war. If a facility rental must be cancelled due to an emergency, the Renter may reschedule the Event at no additional charge, or will receive for a full refund of the Rental Fee. 17) Compliance with Rules and Regulations. Renter will comply with all rules and regulations in Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual, a copy of which is attached hereto as Exhibit A. The most current version of the Historic Woman's Club Rules and Regulations Manual as it may exist from time to time is hereby incorporated as if fully set forth herein. Failure to comply with any rule or regulation shall be a material breach of this Agreement and the CRA may, in its sole discretion, elect to terminate this Agreement as the result of such breach. 18) Default. The failure of the Renter to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Renter fails to cure the default within seven (7) days of notice from the CRA or prior to the Event, whichever is sooner, the CRA may terminate this Agreement. Nothing in this paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Renter's breach or default. 00916720-1 19) Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Renter from any cause whatsoever related to the Event or this Agreement, whether such damage or injury occurs before, during, or after the Event. The Renter hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Renter. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. The CRA shall not be liable to Renter for any other damages of any type that Renter may incur as a result of cancellation, default, emergencies, rescheduling or of termination of this Agreement. 20) Indemnification. The Renter shall indemnify, defend, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death and copyright or patent infringement, sustained by any person or entity whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the Event, or the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Renter or this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Renter to indemnify the CRA for the CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 21) No Transfer. The Renter shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without express, written, prior permission from the CRA. 22) Insurance. Renter will obtain the following insurance (select all that apply) ✓ Nonprofits/Business Entities: An existing general liability insurance policy. In addition, Renter must provide a certificate of liability insurance naming the CRA as additional insured, with at least one million dollars ($1,000,000) in general liability coverage and at least one million dollars ($1,000,000) in an umbrella policy. If alcohol is served, the group shall provide a certificate of liability insurance naming the CRA as additional insured, with at least one million dollars ($1,000,000) in general liability coverage and at least two million dollars ($2,000,000) in an umbrella policy. For additional requirements see Historic Woman's Club of Boynton Beach alcohol policy. Additional insurance (e.g., insurance associated with serving alcohol) 00916720-1 The Renter shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the Event, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COP') with the liability limit as described above. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Event or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of services performed by the Renter by or on behalf of the CRA or acts or omission of the Renter in connection with this Agreement. The Certificate must include the following additional insured language: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 If the Renter fails to provide evidence of insurance coverage within ten (10) days prior to the scheduled Event, the CRA may cancel the Event and the Renter will forfeit all rights to the refund of any monies paid to the CRA. The CRA reserves the right to ensure and require that the insurance coverages provided by the Renter are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the Agreement, the CRA should determine that it is in its best interests to insist on an alternative insurance provider, it may do so and the Renter agree to comply with the CRA's decision. The CRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of an agreement and any extensions thereof. The CRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the firms' behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 23) No Discrimination. The Renter shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 24) No Partnership, Etc. The Renter agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. Itis specifically understood that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the Event. The Renter will exercise its own judgment in matters of safety for itself and attendees of the Event. The Renter attests that it possesses a current personal accident and or personal health insurance policy. 25) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by the Parties . All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 00916720-1 26) Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 27) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the Parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 28) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 29) Independent Advice. The Parties declare that the terms of this Agreement and all Exhibits have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 30) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties so long as the Parties' rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. To that end this Agreement is declared severable. 31) Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion and only as permitted by law, waive any requirement of the Renter contained in this Agreement. 32) Public Records. The Renter also understands that CRA may disclose any document in connection with this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 33) Compliance with Laws. In its performance under this Agreement, the Renter shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. 34) Effective Date and Termination. This Agreement will become effective at the date and time that the last parry signs this Agreement. This Agreement will automatically terminate after the Event and any applicable final payment is received by the CRA, whichever is later. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or reschedule the Event pursuant to this Agreement. 00916720-1 35) Survival. The provisions of this Agreement regarding the content of the Event, copyright, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. Authorized Representative Printed Name Signature Date Please return the completed agreement to: CRA Executive Director c/o Historic Woman's Club of Boynton Beach 710 N. Federal Highway Boynton Beach, FL 33435 Phone (561) 737-3256 FOR OFFICE USE ONLY Reviewed by: Date: Approved:_ 00916720-1 The Historic Woman's Club of Boynton Beach RULES AND REGULATIONS MANUAL Owned and Operated by the Moy To, 1:5 N N } B EAC C RA, UUFy[bLiPIIiI TABLE OF CONTENTS GENERAL ADMINISTRATION..........................................................................3 FACILITY USE POLICIES...............................................................................3 Reservations.......................................................................................4 General Conditions...............................................................................4 STAFFING/VENDORS....................................................................................8 CATERING POLICY.......................................................................................9 Catering Kitchen Overview....................................................................9 Clean i ng/Access/Usage .........................................................................9 Facility Equipment and Furnishings.......................................................10 REGULATION OF ALCOHOL SERVICE POLICY................................................11 Introduction.......................................................................................11 Policy................................................................................................11 FACILITY RENTAL FEES...............................................................................13 AdditionalFees..................................................................................13 Page 2 of 14 GENERAL ADMINISTRATION The Historic Woman's Club of Boynton Beach (Facility) is available for rent throughout the year from the Boynton Beach Community Redevelopment Agency (CRA). The Facility may be reserved each year for events produced by the CRA. The CRA events are subject to change at the discretion of the CRA. Please check with CRA staff or designee for general availability. A meeting maybe required prior to approval to discuss the reservation request. Viewing the Facility is by appointment only. Please contact the CRA at (561) 369-2300 or via email at WomansClubp_bbfl.us. CRA Office Hours: Monday -Friday 8:30 A.M. to 5:30 P.M. The CRA Office is closed on weekends and holidays. For purposes of this Rules and Regulations Manual and for any Rental Agreement, the term "Facility" includes the grounds, improvements, and all other property associated with the Facility, FACILITY USE POLICY The CRA welcomes organizations and individuals, hereinafter referred to as "a Renter," to reserve the Facility for public or private meetings and specific events/activities. The purpose of this policy is to provide guidelines specifically for the use of the Facility. This policy establishes the procedures to (1) reserve the use of the Facility; (2) provide for proper care of the Facility; and (3) ensure that the Renter's activities do not conflict with the Facility purposes and activities, state or federal laws, local ordinances, or policies adopted by the CRA. The first priority for reserving the facility will be given to the CRA. Charges and fees will be assessed for use of the Facility and will vary according on the Renter's address (local or non -local), amount of space required, date of the event, related services needed for the event and the organizational type of Renter (non-profit, civic, individual, for-profit). In order to preserve and protect the Facility and its guests, the CRA may, at its discretion, require the Renter to obtain additional security, custodial, or technical services based on the event. Fees for these services will be the responsibility of the Renter. The CRA does not discriminate on the basis of race, sex, color, religious affiliation, age, or national origin. Groups or organizations using the Facility may not deny admission to their activities based upon race, sex, color, religious affiliation, age, or national origin. Approval to use the Facility is not an endorsement by the CRA of the Renter's organization or group. Page 3 of 14 Reservations 1) Reservations for Facility use shall be effectuated through a written Rental Agreement (the Agreement) only, are subject to availability of requested date, and shall be granted on a first-come, first-served basis. All events will begin and end at times specified in this document and Agreement. The Renter will be responsible to ensure that the event ends on time. Additional fees will be assessed, or deducted from any refundable deposit, for failure to vacate the Facility within the scheduled time. A completed Rental Agreement may be delivered to the CRA or emailed to WomansClub(a_bbfl.us. 2) Individuals or organizations may rent the Facility for private functions; proof of residency/business location is required to rent the Facility at the "local" rate. 3) The CRA reserves the right to deny rental to any individual or organization which, in the opinion of the CRA, would be detrimental to the care of the Facility, safety of event attendees or reflect negatively on the CRA or Facility but will not deny rental on the basis of race, sex, color, religious affiliation, age, or national origin. 4) No space/date shall be held as a confirmed reservation for an event or placed on the Facility calendar until the Rental Fee Deposit is paid to the CRA. 5) Rental of Facility on holidays observed by the CRA may be subject to staffing availability. 6) Contracts must contain a legal signature of an adult (21 years and older), who shall be considered the Renter if the Renter is not an organization. If the Renter is an organization, the person signing the Agreement must be authorized to do so by that organization. The person signing the contract must be in attendance throughout the entire event. Renter is legally responsible for making sure all procedures are followed. It shall be the responsibility of the Renter to properly care for the Facility and all associated property. Renter is responsible for any and all damage to the Facility caused as a result of the event or his/her/its guests. 7) A Rental Agreement with a Renter may not be transferred or assigned to any other person or group without the approval of the CRA staff or designee. 8) Renter will identify the Facility in use by the full -specified name, i.e. the "Historic Woman's Club of Boynton Beach" on all printed material and advertising. No advertising or publicity of any nature may state or imply that CRA or Facility is responsible for Renter activities during the period of use. General Conditions 1) Renter understands and agrees that CRA does not relinquish the right to control the 00916719-1 Page 4 of 14 management of Facility. The CRA retains the right to enforce all necessary laws, rules and regulations during an event. All CRA authorized personnel may enter the part(s) of the building being used and any other unused part(s) of the building at any time, including during any event, without restriction whatsoever. The Facility, including the space that is being used and all parking areas, will be at all times under the control of the CRA. 2) Renter and their guests must at all times conduct their activities with full regard to public safety and shall at all times abide by directives of the CRA staff, their representative(s), or any other duly authorized governmental official responsible for public safety. Failure to do so will result in immediate cancellation of the event and ejection from the Facility. 3) Renters and their guests shall not enter any area of the Facility not covered by the Rental Agreement. 4) The CRA reserves the right to withhold all or a portion of the Facility Damage Deposit and/or close an event if it determines that the Renter has misrepresented information on the Rental Agreement or related documents. Examples of such misrepresentations include, but are not limited to- failure to disclose the true nature of the event; exceeding the reported number of guests; and failure to report the sale or service of alcohol. 5) Access to the Facility is only allowed on the day of the event unless otherwise specified in the Rental Agreement. No access is permitted to the Facility prior to or after an event without advance permission of the appropriate CRA staff member or designee. 6) Music at the function/event must cease at 11.30 pm. The club building must be quietly vacated by 12.00 A.M. (midnight) due to proximity of a residential area. 7) The CRA assumes no responsibility for the property of any Renter or event attendee while it is located at the Facility, and is not responsible for holding or returning any property left at the Facility. CRA does not provide storage. Please make arrangements to remove all items and decorations at the conclusion of each event. CRA staff or contractor will dispose of any items left from events and a service charge may be applied for such removal and may be deducted from any refundable deposit. 8) All exit doors must remain operable and no part of any hallway, corridor or exit within or outside of the Facility may be used in a way that obstructs its use as an exit. No doors may be propped open at any time. 9) If the Renter or an attendee of Renter's event sets off the fire alarm purposefully when it is not necessary to do so or as a result of any unapproved activity, the Renter 00916719-1 Page 5 of 14 will be responsible for any costs or fines which result. 10) All tobacco products and electronic cigarettes (including vape pens) are prohibited on CRA property, including the Facility. 11) Firearms and weapons are not permitted at the Facility. 12) Gambling activity is prohibited in the Facility. 13) Political distribution of candidate or other political literature is prohibited unless the activity is part of a fundraising event held at the Facility subject to a Rental Agreement. 14) Hanging items- The use of bolts, staples, screws, nails, hooks, tacks, tape or similar fasteners or attachment to hang banners, posters, etc. on any wall, floor, ceiling, windows or doors is strictly prohibited. Renter may not hang anything from the fans or ceiling/rafters at any time. There are hooks and rods in the ceilings of the ballroom and the dining room specifically for this. Anything that needs to be removed from any walls will be done by the CRA. Nothing shall be attached or affixed in any way to the murals on the stage or in the dining room. 15) The use of confetti, bubbles, and the like are strongly discouraged and may cause the Renter to incur additional cleaning charges. Birdseed, rice, glitter, colored powders, silly string, fireworks (including sparklers), open flame candles (battery operated candles are permitted), or grills are not allowed. 16) Only Sterno -style heating elements used by an approved caterer are allowed to heat or keep food warm outside of the kitchen. 17) Live plants are subject to approval by CRA staff or designee. Silk and fresh cut flower arrangements are allowed. Plant saucers or waterproof wrapping must be provided by Renter on any plant, palms, or trees brought into the Facility by Renter and/or Renter's Caterer or attendees of the event. 18) No animals or pets (other than service animals) will be permitted inside the Facility unless pre -approved by the CRA staff or designee. 19) The CRA includes the use of tables and chairs in the rental price. Tables and chairs already in the room are to be arranged by the Renter. The rental fee does not cover the breakdown and storage of tables and chairs. No furniture will be moved from one floor to another by Renter. If this is needed, a floor plan will be requested and applicable set up/break-down fee will be charged. The Library table is not to be moved at all. Renter, Renter's caterer or other contractor, and/or attendees to Renter's event shall not remove tables, chairs or other equipment from the Facility. No tables and/or chairs are available for loan for off-site functions. 00916719-1 Page 6 of 14 20) All other items to facilitate the event must be provided by Renter. 21) Standing on tables, chairs, and all Facility furniture is strictly prohibited. 22) For large events, Renters will be allowed extra time the following morning to remove the remainder of party effects, but everything must be gone by 10 am morning following the event, or a designated time approved by the CRA; otherwise $100 charge per hour will be assessed. 23) Renters are advised that the City of Boynton Beach has a sign ordinance. Any fines that result from illegal signage placed by the Renter will be the responsibility of the Renter. The use of all temporary signs or banners must be discussed and approved by the appropriate CRA staff or designee and the Renter must obtain a temporary signage permit if required by the City of Boynton Beach. 24) Operation, repair or service of audio-visual, sound, lighting and any other equipment brought into the Facility by the Renter is the sole responsibility of Renter. 25) No artwork can be removed or covered during any function. 26) Destruction or defacing of any CRA property or artwork will result in additional charges for repairs or replacement. 27) All garbage is to be put outside and the covers on the garbage pails closed. 28) Parking: The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required seven (7) days prior to the event. Page 7 of 14 29) The Kitchen area utilized by Renter or Renter's caterer is subject to the Catering Policy. It is the responsibility of the Renter to ensure that the caterer is aware of these requirements. 30) Alcohol may only be served or sold after receiving written pre -approval from the CRA, and subject to any restrictions imposed by the CRA and in compliance with the Facility's Regulation of Alcohol Service Policy. No brown bagging or "bring your own" permitted. STAFFINGIVENDORS 1) The CRA staff member(s), or designee, serving as the Event Manager is required to be on site for all events held in the Facility. Staff are on site to provide access to the Facility and are available to assist in making events successful. Staff members on duty are not responsible for resetting tables/chairs or providing post -event cleanup services. Those services will be arranged in advance and applicable fees will be the responsibility of the Renter. Please inform the CRA staff or designee on duty of any requests or needs that might arise, or in the event of an emergency. Additionally, the Event Manager has the full authority of the CRA to request the Renter and Renter's attendees maintain order. If the Event Manager feels that decorum or behavior is not maintained and the situation has become unmanageable, he/she is authorized to call the police to the Facility. 2) All events must be appropriately staffed according to the type of event. Specialty staffing can include, but is not limited to the following: lighting technician, sound technician, security, and custodians. 3) Applicable fees for security will be the responsibility of the Renter. The Renter may be required to hire a Palm Beach County Sheriff's Officer, a City of Boynton Beach Page 8 of 14 Police Officer, or other CRA -approved security provider based on the use of the Facility, the anticipated duration of the event (including set-up and breakdown time), the number of people anticipated to be in attendance, the activities to occur at the event, whether food will be served, whether alcohol is served, and any other factor related to the security of the Facility and surrounding areas. The number of security personnel for an event shall be determined by the CRA staff or designee. 4) While the CRA does not require Renter to utilize preferred vendors, outside vendors must be approved by the CRA staff or designee prior to event. CATERING POLICY The Facility does not provide in-house catering. It is the Renter's responsibility to sign and enter into a separate agreementwith the caterer. All caterers must provide the Facility with proof of a current permanent permit issued by the Florida Department of Health before operating on the Facility premises. This document must be received sixty (60) days prior to event. If the caterer is serving alcohol, they must provide a copy of all appropriate alcohol permits required by the State of Florida sixty (60) days prior to the event. Catering Kitchen Overview 1) The caterer is responsible for acquiring and providing all necessary supplies for both serving and cleaning, including, but not limited to, paper towels, dishcloths, dish towels, hand soap, dish detergent, etc. The CRA does not supply any of these items. 2) All food and beverage brought into the Facility must be in closed containers, covered and with paper, plastic or cloth lids. 3) Ice chest(s) or any food coolers sitting on the floor must have plastic under them. The center does not have an ice machine and the Renter or Renter's caterer may need to provide ice for large events. 4) Because the kitchen is only a warming kitchen, all foods must be fully cooked before being brought into the Facility. Please do not place fish in the refrigerator. 5) Food preparation cannot include any open flame cooking inside the Facility. Sterno is the only heating element to be used inside the Facility. 6) Tables must be covered when food or drinks are being served. Cleaning/Access/Usage 1) Counter tops, food preparation tables, and food service carts should be thoroughly cleaned after each use. Page 9 of 14 2) All floors must be swept and mopped (brooms, dustpans and mops are provided). Cleaning solutions must be provided by CRA. All trash must be bagged and put outside; recycling must be separated and placed in outdoor receptacles. Do not use bleach on floors. 3) All food products or empty food containers brought into the Facility by the Renter MUST be removed from the Facility at the conclusion of each event. No items may be stored overnight without prior permission. 4) At the conclusion of each event, it is the responsibility of the Renter or caterer to thoroughly clean any equipment used, including counter tops, microwaves and warmers. Please remember to turn OFF all appliances, except the refrigerator, before vacating the Facility. 5) Access to the kitchen is only allowed on the day of the event during rented hours. No access is permitted to the kitchen or any other area prior to or after an event without permission from the appropriate CRA staff or designee. 6) Should the event require the delivery of bulk food items, plates, linens, etc. prior to the event, such deliveries must be arranged in advance with the CRA staff or designee. The CRA will not unload, sign for, or accept deliveries from third parties. 7) Should the event require beverage delivery, alcohol or otherwise, please make arrangements with the appropriate CRA staff or designee for a delivery time and make provisions to have a designated person on site to receive the delivery. 8) It is the responsibility of the Renter, caterer, and bartender to keep the kitchen area clean and organized neatly during all events. Facility Equipment and Furnishings 1) If any loss or damage to CRA property occurs as a result of the event, the Rental Agreement, or otherwise related to the Renter's actions or inactions, the Renter shall be responsible for compensating the CRA for all such loss or damage. The CRA shall determine, in its sole discretion, whether the damaged property is to be repaired or replaced. Any refundable deposit held shall be applied to the cost of repair or replacement, and additional costs to repair or replace lost or damaged items in excess of deposit shall be paid by Renter. All repair and replacement shall be conducted or contracted for by the CRA, and Renter shall not attempt to repair, replace, or hire another to repair or replace any damaged property without the prior, express, written permission of the CRA. 2) Facility tables and chairs are for use inside the building only. 3) Additional furniture required for an event must be approved by the CRA staff or 00916719-1 Page 10 of 14 designee. The cost of the additional furniture must be paid directly to the supplier by the Renter. 4) Any equipment rented from an outside source must be removed at the end of the event. Renter will be required to pay the cost of removal if necessary. The CRA is not responsible for any items rented or brought in from an outside vendor/supplier. 5) The CRA will not lend any furniture for matters occurring away from the Facility. 6) The CRA does not provide storage of any kind within the Facility. REGULATION OF ALCOHOL SERVICE POLICY Introduction Policies and procedures governing the service of alcohol in the Facility must be followed by Renter, Renter's event/attendees, Renter's staff or members, Renter's caterers, and all others using/attending an event in the Facility. Illegal and/or abusive alcohol practices will not be tolerated. All laws of the United States government or state of Florida regarding alcohol, including licensing requirements, will be followed. Approved service (including sale) for alcohol is restricted only to events held at the Facility in designated areas. Policy Renters, both organizations and individuals, may request to provide alcohol service. In order to provide alcohol services, the Renter must adhere to the following: 1) Renters will submit a completed "Application to Provide Alcohol Services" to the CRA if alcohol is sold for consumption on the premise. An application and more information can be found at the Florida Division of Alcoholic Beverages and Tobacco- http://www.myfloridalicense.com/DBPR/abt/ABT-Licenselnformation.html 2) Renter will submit a copy of a liability insurance policy showing liability for any matters arising from serving alcohol. The liability policy shall meet the minimum value of required coverage and will name the CRA and the Facility as additional insured. The Renter will assume all liability and will execute a hold harmless agreement in favor of the CRA and Facility. The certificate of liability insurance must be submitted to the Facility no later than ten (10) days prior to the scheduled event. 3) All alcohol will be served by an approved certified bartender and/or licensed insured caterer if alcohol is sold for consumption on the premise. All bartenders and caterers must provide documentation for certification or license, and bond and/or insurance. 00916719-1 Page 11 of 14 4) A non-profit organization may sell beer and wine at a single fund-raising event of that organization. Renter must obtain a Special Permit for Sale of Alcohol from the Special Permit from the Florida Division of Alcoholic Beverages and Tobacco and include liquor liability coverage in the required liability insurance policy. The Renter may then contract with a certified bartender/caterer to sell the beer and/or wine at a single fund-raising event. Bartender must provide proof of certification no later than ten (10) days prior to event. If a non-profit organization contracts with a caterer for bartending services, caterer must provide proof of Florida license and liquor liability insurance no later than ten (10) days prior to event. 5) No alcohol will be offered on a self-service basis. No brown bagging or "bring your own" is permitted. 6) Events where alcohol is served may be required to have one or more uniformed security officers present. Cost for officers on duty will be the responsibility of the Renter. The CRA staff or designee will determine the number of officers required. 7) The certified bartender and/or licensed insured catererwill be responsible for limiting alcohol consumption to legally allowable limits. 8) The certified bartender and/or licensed insured caterer shall not serve alcohol to any person under twenty-one (21) years of age, to any CRA staff or designee or hired staff working the event, and must require proper identification prior to service. 9) All alcohol service (including all sales) will stop 30 minutes prior to the end of event. 10) The CRA has the right at any time during an event to stop the service (including sale) of alcohol if the CRA staff or designee deem necessary. CRA staff or designee reserves the right to eject or cause to be ejected from the premises any intoxicated or any disorderly person(s), and neither the CRA, the City of Boynton Beach nor any of its officers, agents or employees shall be liable for any damage that may be sustained by the Renter by the exercise of such right. Page 12 of 14 FACILITY RENTAL FEES Venue Space (including Kitchen) Day of Event Non -Local Local Total Weekend $750 $675 Non -Weekend $500 $450 Weekend $2,250 $2,025 Non -Weekend $1,500 $1,350 $100 Weekend $3,000 $2,700 Non -Weekend $2,000 $1,800 The following entities are eligible to rent the Facility: Local Individual: An individual whose home address is located within the City limits of Boynton Beach. Residency is subject to verification by staff. Non -local Individual: An individual who does not reside within the City limits of Boynton Beach. Non-profit: A business entity that is granted tax-exempt status by the Internal Revenue Service. Civic: A government entity, service club, fraternal/sorority society, or association operating for educational or community purposes. For-profit: A business entity that aims to earn profit through its operations and is concerned with its own interests and not those of the general public Additional Fees SET-UP/BREAK-DOWN AND CLEANING FEES Venue Space Set -Up and Break- Cleaning Pre- and Total (including Kitchen) Down Post -Event (tables and chairs) 1St Floor East Side $100 $200 $300 1St Floor West Side $100 $200 $300 Page 13 of 14 2nd Floor $200 $400 $600 Entire Building $400 $800 $1,200 MISCELLANEOUS FEES Staffing $25/hr. Pre- and post- event access $50/hr. By my signature, I agree to comply with all rules, regulations, laws, ordinances of the City of Boynton Beach and CRA policies in regard to the rental and/or use of the Facility. Print Name of Renter: Signature of Renter: Date: Page 14 of 14 CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.L. SUBJECT: Update Regarding Purchase of 110 NW 6th Avenue SUMMARY: At the suggestion of Board Chair Grant, CRA staff has investigated the vacant lot located at 110 NW 6th Avenue and would like to recommend purchasing the parcel for use as a future single family home site. As indicated on the attached map, this property is located on the west side of N. Seacrest Boulevard and adjacent to an existing City owned property (see Attachment 1). If purchased, the CRA would seek to develop the property for single family housing or transfer the property to the City for similar redevelopment purposes. An appraisal of the property has been completed with a estimated market value of $36,700 (see Attachment 11). The title search has been provided as Attachment I I I and the lien search as Attachment IV. At the December 12, 2017 CRA Board Meeting, the Board approved a purchase price not to exceed an excess of more than 20% of the appraised value ($44,040). The Palm Beach County tax deed process will occur the week of January 15th and CRA staff will provide an update on the results of the process at the January 18, 2017 Board meeting. FISCAL IMPACT: Funding will be used under FY 2017-18 Project Fund, line item 02-58200-401 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required unless otherwise determined by the Board. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II -Appraisal D Attachment III -Title Search D Attachment IV - Lien Search APPRAISAL REPORT VACANT LAND 110 NORTHWEST 6 AVENUE BOYNTON BEACH, FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation, Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 December 6, 2017 December 6, 2017 Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 RE: Vacant land, 110 Northwest 6 Avenue, Boynton Beach, FL 33435 (Legal description is in the report) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of December 6, 2017. The report sets forth our value conclusion, along with data and reasoning supporting our opinion. This report was prepared for and our professional fee billed to Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2016-2017). This report is for possible acquisition of the appraised property. Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of the market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. THIRTY-SIX THOUSAND SEVEN HUNDRED DOLLARS $36,700 (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT WTH SIXTY-EIGHT (68) NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State -Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State -Certified General Real Estate Appraiser RZ-173 MBA in REAL ESTATE DEVELOPMENT & MANAGEMENT 7481 Northwest 4`h Street, Plantation, FL 33317-2204 954/583-2116 TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 Photos of the u sect Property 5 1-3-5 Mile Location Map 8 1-3-5 Mile Summary of Demographic Statistics Summary Important Facts Conclusions 9 11 of and DESCRIPTIONS ANALYSES & CONCLUSIONS 12 I entity ot Client and Intended User 13 Intended Use 13 Identification of Real Estate Appraised 13 Ownership 13 Property Address and Legal Description 13 Real Estate Tax Analysis 14 Market Area Description 15 Zoning 19 Site Description 20 Real Property Interest Appraised 21 Appraisal Purpose and Definition of Market Value 22 Effective Dates of the Appraisal and Report 23 Scope of the Work 23 Summary of Information Considered 23 Property History 24 Highest and Best Use 24 SALES COMPARISON APPROACH- LAND VALUE 27 Land Sales es Location Map 29 Land Sales Documentation 30 Land Sales Comparison Chart 40 Valuation by Sales Comparison 41 FINAL VALUE OPINION 44 Certification and Limiting Conditions 46 ADDENDA 48 Quit claim deed for the appraised property 49 Zoning Ordinance 50 USPAP Standards Rule 2-2a 58 Qualifications of the Appraisers 60 INTRODUCTION M Z M W M � (, W x � �z ao o� z� 00 �� 110 NORTHWEST 6 AVENUE BOYNTON BEACH, FL 33435 STREET SCENE, LOOKING WEST ALONG NW 6 AVENUE BOYNTON BEACH, FL 33435 1-3-5 MILE RADII FROM THE VALUED LAND 110 Northwest 6 Avenue Boynton Beach, Florida V ��' g LIZ City of Boynton Beach VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 13,838 78,253 167,134 2010 Population 14,766 87,870 188,610 2017 Population 16,165 96,145 204,274 2022 Population 17,374 102,328 216,340 2000-2010 Annual Rate 0.65% 1.17% 1.22% 2010-2017 Annual Rate 1,26% 1.25% 1.11% 2017-2022 Annual Pate 1.45% 1.25% 1.IS% 2017 Mate Population 49.2% 47.8% 47.9% 2017 Female Population 50.8% 52.2% 52.1°A 2017 Median Age 37,5 44.0 46.3 In the Identified area, the current year population is 204,274. In 2010, the Census count in the area was 188,610. The rate of change since 2010 was 1.11% annually. The five-year projection for the population In the area is 216,340 representing a change of 1.15% annually from 2017 to 2022. Currently, the population is 47.9% male and 52.1% female. Median Age The median age in this area is 37.5, compared to U.S, median age of 38,2, Rate and Ethnicity 2017 White Mone 36.2% 61,7% 65.9% 2017 Black Alone 56 6% 29.5% 24.7% 2017 American Indian/Alaska Native Alone 0.5% 03% 0,5% 2017 Asian Alone 1.2% 2.1% 2.4% 2017 Pacific Islander Alone 0 0% 0�0% 0.0% 2017 Other Race 2.9% 3,5% 3.9% 2017 Two or More Races 2.6% 2.8x16 2.7% 2017 Hispanic Origin (Any Race) 13.2% 17.1% 18.00/0 Persons of Hispanic origin represent 18.13% of the population in the Identified area compared to 18.1% of the U.S. population, Persons of Hispanic Origin may be of any race. The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 65.0 in the identified area, compared to 64.0 for the U.S. as a whole. Housebolds 2000 Households 4,826 34,167 72,595 2.010 Households 5,291 37,487 80,053 2017 Total Households 5,846 40,925 86,206 2022 Total Households 6,327 43,501 91,043 2000-2010 Annual Rate 0.92% 0.93% 01980/0 2010-2017 Annual Rate 1.39% 1.22% 1,03% 2017-2022 Annual Rate 1.59% 1,23% 1.10% 2017 Average Household Size 2.73 2.32 2.35 The household count in this area has changed from 60,053 in 2010 to 86,206 in the current year, a change of 1.03% annually. The five-year projection of households is 91,043, a change of 1,10% annually from the current year total. Average household size is currently 2.35, compared to 2.33 In the year 2010. The number of families in the current year is 50,690 In the specified area, Data Note. incorne is expressed in current dollars Source: U.S. Census Bureau, Census 2010 Summary "i e 1. Esrf forecasts for 2017 and 2022. Esri converted Census 2000 data into 2010 geography.. W 0 G o Demgraphics esn ....... .. . . . ...... City of Boynton Beach VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii I mile 3 miles 5 miles Median Household Income 2017 Median Household income $41,812 $49,325 $52,108 2022 Median Household Income $46,818 $14,699 $58,354 2017-2022 Annual Pate 2.29% 2.090 2.29% Average Household Income 2017 Average Household Income $55,916 $68,920 $76,017 2022 Average Household Income $63,768 $78,485 $86,497 2017-2022 Annual Rate 2.66% 2.63% 2.62% Per Capita Income 2017 Per Capita Income $21,154 $29,808 $32,605 2022 Per Capita Income $24,186 $33,810 $36,919 2017-2022 Annual Rate 2.72% 2.55% 2.52% Households by Income Current rnedian household income is $52,108 in the area, compared to $56,124 for all U,S. households. Median household income is projected to be $58,354 in five years, compared to $62,316 for all U.S. households Current average household income is $76,017 In this area, compared to $80,675 for all U.S. households. Average household income is projected to be $86,497 in five years, compared to $91,585 for all U.S. households Current per capita income is $32,605 in the area, compared to the U.S, per capita income of $30,820. The per capita income is projected to be $36,919 In five years, compared to $34,828 for all U.S. households Housing 2000 Total Housing Units 5,312 40,706 86,231 2000 Owner Occupied Housing Units 3,119 25,251 55,073 2000 Renter Occupied Housing Units 1,707 8,916 17,522 2000 Vacant Housing Units 486 6,539 13,636 2010 Total Housing Units 6,373 47,372 98,863 2010 Owner Occupied Housing Units 2,942 24,965 56,637 2010 Renter Occupied Housing Units 2,349 12,522 23,416 2010 Vacant Housing Units 1,082 9,885 16,810 2017 Total Housing Units 7,000 50,803 105,255 2017 Owner Occupied Housing Units 2,878 24,800 56,462 2017 Renter Occupied Housing Units 2,969 16,125 29,744 2017 Vacant Housing Units 1,154 9,878 19,049 2022 Total Housing Units 7,538 53,741 110,978 2022 Owner Occupied Housing Units 3,047 25,978 59,039 2022 Renter Occupied Housing Units 3,280 17,523 32,005 2022 Vacant housing Units 1,211 10,240 19,935 Currently, 53.6% of the 105,255 housing units in the area are owner occupied; 28.3%, renter occupied; and 18.1% are vacant. Currently, in the U.S., 55.6% of the housing units in the area are owner occupied, 33.1% are renter occupied; and 11.3% are vacant. In 2010, there were 98,863 housing units in the area - 57.3% owner occupied, 23.7% renter occupied, and 19,0% vacant, The annual rate of change in housing units since 20110 is 2,820k. Median home value in the area is $202,700, compared to a median home value of $207,344 for the U.S. In five years, median value is projected to change by 5.03% annually to $259,039. Data Note' Income is expressed in current dollars Source. U.S. Census Bureau, Census 2010 Surnmary Fife 1. Esri forecasts for 2017 and 20226 Esri converted Census 2000 data into 2010 geography, ilt SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: OWNERSHIP: Vacant land 110 Northwest 6 Avenue Boynton Beach, FL 33435 Certified Properties LLC 8428 Arima Lane Wellington, FL 33414-6446 LAND AREA: 5,250 square feet Note: dimensions and size are from public records. No sketch of survey is available for review. BUILDING IMPROVEMENTS: ZONING: APPRAISAL PURPOSE: INTEREST APPRAISED: CURRENT USE: HIGHEST AND BEST USE: None "R -IA", Single family residential district in the city of Boynton Beach, FL To develop an opinion of market value Fee simple Vacant Single family residence under current zoning and land use VALUE BY THE SALES COMPARISON APPROACH: 5,250 square feet x $7.00 per square foot = THIRTY-SIX THOUSAND SEVEN HUNDRED DOLLARS 36 700 VALUATION DATE: December 6, 2017 Exposure Time: 12 months prior to selling at the appraised value is DESCRIPTIONS, ANALYSES, CONCLUSIONS Im APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2016 - 2017) 2-2(a)(i) State the identity of the client and any intended users, by name or type; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of the appraised property. Any other use is not intended. 2-2(a)(iii) Summarize information sufficient to identify the real involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: Certified Properties LLC 8428 Arima Lane Wellington, FL 33414-6446 Property Address: 110 Northwest 6 Avenue Boynton Beach, FL 33435 Legal Description: Lot 101, Block "B", BOYNTON HILLS, Plat Book 4, page 51, Palm Beach County, FL Census Tract No. 61 13 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Real Estate Tax: Parcel Control Number: 08 43 45 2107 002 1010 Land Value: $13,874 Improvement Value: -0- Total Value: $13,874 Assessed Value: $ 9,664 Ad Valorem Tax: $ 235 Non Ad Valorem Tax: $ -0- Total Tax: $ 235 No exemptions for this property. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. In Florida, the taxable (assessed) value for non - homesteaded properties can be increased to a maximum of 10% per year, from tax year 2009 going forward, based on a constitutional amendment voted on by the electorate of the state. There are some exceptions which relate to school taxing districts. However, the millage of the city can increase; thus, real estate taxes can continue to increase from year to year. The 10% per year increase cap accounts for the difference between the Total Value of the appraised property and the Assessed Value. 14 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern -central Palm Beach County. Population of the city is about 72,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Others which were constructed in the early 1920's are still in use with repairs and replacements over the decades. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. One of the districts in the CRA is the immediate subject market area known as the Heart of Boynton (HOB), containing 380 acres. This area is the historic, older part of the CRA, with the following boundaries: Boynton Beach Canal (C-16) on the north, Florida East Coast (FEC) Railroad on the east, Interstate 95 on the west, and jagged line a few blocks north of Boynton Beach Boulevard as the south boundary, at about NE 3 Avenue. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the city as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Boynton Beach Boulevard is the principal east -west artery in the subject market area, having an interchange with Interstate 95 on the west side of the neighborhood. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. Two miles east of State Road 7, it has an interchange with Florida's Turnpike. Boynton Beach Boulevard commences on the east at U S Highway 1, just to the east of the FEC Railroad. U S Highway 1 is the main north -south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Seacrest Boulevard is a main north -south artery through the City of Boynton Beach and south into Delray Beach. Martin Luther King, Jr. Boulevard is an east -west thoroughfare through the Heart of Boynton. The immediate subject market area is easily accessible by main roads and Interstate 95. Property types in the Heart of Boynton are smaller commercial establishments along the main roads, light industrial close to the FEC Railroad, municipal facilities, single family residential, small multi -family dwellings, a few apartment buildings and places of worship. As mentioned, some structures date back to the 1920's, but most which are still usable were built in the mid -twentieth century. Municipal facilities in the immediate subject market area include parks, two elementary schools and a community center. Recent projects implemented in the Heart of Boynton are: • Seacrest Boulevard Streetscape • Carolyn Sims Center • Ocean Breeze West - 21 homes joint venture with Habitat for Humanity • Construction of single family residences on Martin Luther King, Jr. Boulevard IV APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Future projects are: • Revitalization of Martin Luther King, Jr. Boulevard and surroundings • Redevelopment of the Public Works site • Establishment of mixed use districts of residential and commercial • Expansion of light industrial near the FEC Railroad • Widening and extension of NW 11 Avenue, west of Seacrest Boulevard. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2017 in the one -mile radius is $41,812, for three miles it is $49,325, and $52,108 for the five mile circle. All are lower than the median household income for Palm Beach County of $54,400, even though the east part of the circles includes the residents all the way to the Atlantic Ocean. In the one - mile circle, population is 16,165. In three miles, population increases to 96,145; at five miles, it is 204,274. However, about one-third of the three and five mile circles are over the Atlantic Ocean. Annual growth rate is anticipated to be 1.15% to 1.45% in the three circles during the next five years as the economy and job market improves in South Florida, and new multi- family residential complexes are constructed. 54% of the housing units are owner occupied, with 28% rented. The percentage of renters is higher in this market because many of the single family houses are owned by investors who purchased them after the economic crash in 2008. Vacancy is reported to be 18%; however, this amount is high due to the undercount of the other two categories. Median home value in the five -mile area is $202,700, including the highly priced homes fronting the Atlantic Ocean and Intracoastal Waterway, compared to median home value of $207,344 in the United States. The life cycle stage of the market area is stability, a period of equilibrium without marked gains or losses, after a period of decline. The purpose of the Heart of Boynton Community Redevelopment Plan is to revitalize the market area with new housing options and business opportunities. There are examples of new houses along Martin Luther King, Jr. Boulevard, with more planned in the immediate vicinity. 17 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Economic Trends During 2005-2006, the subject market area was experiencing a rise in property prices due primarily to the availability of financing with adjustable rate mortgages. Interest rates adjusted upward, but rental rates of multi -family properties did not. For single family residences, interest rates on mortgages adjusted upward, but homeowners' incomes did not increase. Scenarios were the same for many property types, all with the same result of owners' inability to make the payments and mortgages foreclosed. This situation was exacerbated by the economic crash in late 2008, followed by the Great Recession. The foreclosure cycle appears to have ended. Currently, sales are between individuals or investors who previously purchased the properties from foreclosing lenders and private parties who will reside in the properties or hold them in their investment portfolios. Third party lenders are providing financing to investors and residents, at high loan to price ratios. Sale prices for single-family residences in the subject market area and close vicinity are in the range of $85,000 to $180,000, depending on building size, age and condition. Price range for multi -family dwellings are from about $50,000 to $100,000 per unit based on the same factors. Land unit prices are from about $4.00 to $8.00 per square foot. Family Dollar Store is an addition to the subject market area; it consists of an 8,100 square foot commercial building at the southeast corner of the signalized intersection of Martin Luther King, Jr. Boulevard and North Seacrest Boulevard. More revitalization in the CRA is taking place along US Highway 1, in the southern part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, with 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel room and 439 parking spaces. The Villages at East Ocean Avenue were approved for 371 dwelling units and 15,757 square feet of commercial space. 18 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Town Square, a major redevelopment project, will take place on Boynton Beach Boulevard and NE 1 Street, encompassing 16.5 acres of land where the current city hall and police station stand. The new project will include two 8 - story apartment buildings with 230 and 244 units, 144 unit assisted living facility, 120 room hotel, 31,800 square feet of retail/ office, a new city hall, police station, fire station and park. Renovation of the historic high school is part of the project. The redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Conclusion The immediate subject market area of the Heart of Boynton (HOB) has the components of an appealing neighborhood with schools, parks and recreation. HOB is easily accessible by main roads and Interstate 95. Goods and services are nearby on Boynton Beach Boulevard and U S Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, Heart of Boynton Community Redevelopment Plan can continue to succeed in revitalizing the area Land Use: Current land use is Low Density Residential, maximum density 4.84 dwelling units per acre Zoning: "R -IA", Single Family Residential District with the purpose to implement the low density residential future land use map classification of the comprehensive plan. The intent of the district is to stabilize and protect existing residential neighborhoods with density no greater than 6 dwelling units per acre. Minimum lot area is 7,500 square feet; minimum lot frontage is 60 feet. Excerpts from the zoning codes are in the Addenda. IK, APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Lot area and frontage for the valued lot are substandard to the current code, most probably making the lot a legal non -conformity. However, Boynton Beach city officials determine legal conformity. For nonconforming lots in the "R -IA" district, if they consist of one whole platted lot, platted prior to August 7, 2001, contain 5,000 square feet and have frontage of at least 50 feet, then they buildable. The lot under appraisement was platted in 1926, meeting these criteria, and most likely could be improved with a single family residence. Parking: Two parking spaces are required for single family houses and apartments with two or more bedrooms. For one single family residences, two spaces would be required. There seems to be adequate land to comply with this requirement. Site Description: The shape of the site is rectangular. Approximate dimensions are from the original plat; size is from the Palm Beach County tax roll. North boundary on NW 6 Avenue: 50 ft East boundary on adjacent property: 105 ft South boundary on adjacent property: 50 ft West boundary on adjacent property: 105 ft Total: 5,250 square feet Utilities: All utilities are available to the site. M APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Access: The site is accessible via NW 6 Avenue, an east - west residential road that intersects with Seacrest Boulevard one lot to the east of the land in question. There are no sidewalks on NW 6 Avenue, but there are streetlights. Easements: Easements are not noted on original plat. If they exist, utility easements would be most probably be around the perimeter of the lot. Encroachments: There is no sketch of survey to review to note if there are encroachments. Improvement Description: There are no building or site improvements on the site. A totally depreciated residence was demolished and removed from the lot in the recent past. Environmental Assessment: No assessment was available for review. 2-2(a)(iv) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. Q APPRAISAL REPORT (continued) 2-2(a)(v) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of December 6, 2017. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories: 1. the relationship, knowledge, and inotivation of the parties (i.e., seller and buyer); 2. the terns of sale (e.g., cash, cash equivalent, or other terns); and 3. the conditions of sale (e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. 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. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated December, 2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & L!Yht Co., v. denninss, 518 So.2d 895 (Fla. 1987)] W APPRAISAL REPORT (continued) 2-2(a)(vi) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: December 6, 2017 B) Date of the Report: December 6, 2017 2-2(a)(vii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraiser inspected the property and photographed it. A thorough investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including the multiple listing service, Palm Beach County Appraiser's records, the public records, and data from the appraiser's plant. For Sales Comparison Approach -Land Valuation, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. 2-2(a)(viii) Summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinion, and conclusion is explained in that section. Cost Approach is not used because there are no structures on the site. The Income Approach is not employed in this appraisal because most land is typically purchased for immediate use, not for lease. Sales Comparison Approach is the best method to value vacant land. Exclusion of the Cost Approach and Income Approach still produce a creditable report. 23 APPRAISAL REPORT (continued) SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; and There are no known agreements for sale, options or listings of the appraised property as of the effective date of the appraisal. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. There have been no recorded transfers of the appraised property during the past three years. A quit claim deed for the property between related parties is in the Addenda. 2-2(a)(ix) State the use of the real estate existing as of the date of value, and the use of the real estate or personal property reflected in the appraisal; The use of the real estate on the date of valuation is vacant land, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(x) When an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, some of the surrounding land has been improved with residential structures since the 1920s. The land is level and filled to street grade; however, the type of fill is not known. Land size is 5,250 square feet; the shape is rectangular. All utilities are available to the site. The site is accessible via NW 6 Avenue, which is a neighborhood road that intersects with Seacrest Boulevard. Physical constraint to develop the site is its size which governs the size of the improvement which can be placed on it. 24 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Land use designation is low density residential, maximum density of 4.84 dwelling units per acre. Zoning is "R -IA", Single Family Residential District in the City of Boynton Beach. Legally permissible use of the subject lot is most probably a single family residence on a legally non- conforming site. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. The immediate subject market area has been improved with single-family residences and small multi- family dwellings for almost 100 years. Residences come to the end of their economic lives, improvements are razed and the sites are redeveloped with modern structures. There are examples of this cycle throughout the subject market area. New redevelopment projects in the subject vicinity are Ocean Breeze West with 21 homes, Eastview Park with market rate houses ranging from $255,000 to $300,000 constructed by D R Horton, and new houses on West Martin Luther King, Jr. Boulevard that sold from $166,000 to $195,000. These latter houses are the result of the work of the Boynton Beach CRA and Boynton Beach Faith -Based Community Development Corporation. Single family homeownership is encouraged to build the community with permanent residents rather than populate it with transient occupants. As mentioned, community organizations are constructing single family homes and selling them to people who will reside there. Financial assistance to the buyers is facilitating this plan. Financially feasible use of the subject site is to improve it with a single family residence with three bedrooms and two bathrooms to meet current expectations for a home. Such use is compatible with community redevelopment plans for the subject neighborhood. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT The most likely buyer of the site would be a community agency which would construct the single family residence then sell the land and house to an end- user. Time for this use is now with renewed interest in the subject market area and funds apparently available for redevelopment of the neighborhood. Maximally Productive as Vacant In summary, the Highest and Best Use of the property appraised is for a single family residence. Such use would be physically possible, probably legally permissible, financially feasible and maximally productive. 2-2(a)(xi) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a)(xii) Include a signed certification in accordance with Standards Rule 2-3 See signed certification in report. `1 SALES COMPARISON APPROACH 27 LAND VALUATION 28 W", VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lot 5, ROBERT WELLS' SUBDIVISION, Plat Book 11, page 66, Palm Beach County, FL, less the north 10 feet for road RECORDED O. R. Book 29172, Page 1071, Palm Beach County Records GRANTOR Larann Land Investments, LLC GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE June 15, 2017 LOCATION 340 East Martin Luther King, Jr. Boulevard Boynton Beach, Florida ZONING "R-2", Single and two-family residential district SALE PRICE $50,000 LAND SIZE 7,750 square feet (50' x 155') UNITS OF COMPARISON $6.45 per square foot FOLIO NUMBERS 08-43-45-21-04-000-0050 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantee, Boynton Beach CRA COMMENTS Boynton Beach CRA is acquiring properties in the area to be assembled into larger sites and readied for redeveloped. Kid 340 EAST MARTIN LUTHER KING, JR. BOULEVARD BOYNTON BEACH, FL 33435 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION Lot 27, Block 1 of E. Roberts Addition to Boynton, FLA, Plat Book 1, Page 123 of Palm Beach County Public Records. RECORDED O. R. Book 28358, Page 1638, Palm Beach County Records GRANTOR Larann Land Investments, LLC GRANTEE Bride of Christ Tabernacle, Inc. DATE OF SALE June 6, 2016 LOCATION 199 E. Martin Luther King Blvd. (NE 10 Avenue) Boynton Beach, Florida ZONING "R-2" Residential/ Duplex SALE PRICE $50,000 LAND SIZE 7,000 square feet (50.00' x 140') UNITS OF COMPARISON $7.14 per square foot * FOLIO NUMBER 08-43-45-21-27-001-0270 CONDITIONS OF SALE Arm's length cash transaction. CONFIRMED Grantee: Mr. Claude Maxime COMMENTS * Purchased by adjacent Church for church parking. W (Purchased by adjacent Church for parking) 33 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lots 9 and 10, Block 1, THE MEEKS AND ANDREWS ADDITION TO BOYNTON, Plat Book 5, page 84, Palm Beach County, FL RECORDED O. R. Book 29294, Page 1058, Palm Beach County Records GRANTOR Iran Guzman, et al GRANTEE Albert Thomas, et al DATE OF SALE August 10, 2017 LOCATION 309 NE 11 Avenue and 1106 NE 2 Street Boynton Beach, Florida ZONING "R-2", Single and two-family residential district SALE PRICE $79,000 LAND SIZE 17,629 square feet (approximately 115' x 155') UNITS OF COMPARISON $4.48 per square foot FOLIO NUMBERS 08-43-45-21-22-001-0090, 0100 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Kelly Louidort for grantee COMMENTS Two adjacent lots purchased for future residential use 34 LAND SALE 3 309 NE 11 Avenue & 1106 NE 2 Street Boynton Beach, FL Opi VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION Lot 47, BOYNTON BEACH ADDITION NO. 1, Plat Book 4, page 7, Palm Beach County, FL RECORDED O. R. Book 28622, Page 1034, Palm Beach County Records GRANTOR Southern Engineering & Construction LLC GRANTEE PBG Homes, LLC DATE OF SALE February 13, 2017 LOCATION 415 Southwest 2 Avenue Boynton Beach, Florida ZONING "R -IA", Single family residential district SALE PRICE $59,900 LAND SIZE 7,840 square feet (55' x 142.5') UNITS OF COMPARISON $7.64 per square foot FOLIO NUMBERS 08-43-45-28-11-000-0470 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantee, Harry Rauch COMMENTS Residentially zoned lot in the southwest section of Boynton Beach. Subsequent to this sale, the lot was improved with a single family residence and sold for $255,000 for the house and lot. Ki 415 SOUTHWEST 2 AVENUE BOYNTON BEACH, FL 33435 37 VACANT LAND SALES SALE NO. 5 LEGAL DESCRIPTION Lot 46, BOYNTON BEACH ADDITION NO. 1, Plat Book 4, page 7, Palm Beach County, FL RECORDED O. R. Book 29212, Page 246, Palm Beach County Records GRANTOR Sacha Franklin Jeune GRANTEE PBG Homes, LLC DATE OF SALE July 7, 2017 LOCATION 421 Southwest 2 Avenue Boynton Beach, Florida ZONING "R -IA", Single family residential district SALE PRICE $62,000 LAND SIZE 7,840 square feet (55' x 142.5') UNITS OF COMPARISON $7.91 per square foot FOLIO NUMBERS 08-43-45-28-11-000-0460 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantee, Harry Rauch COMMENTS Residentially zoned lot in the southwest section of Boynton Beach, adjacent to the west of Vacant Land Sale 4. Both purchased by PBG Homes, LLC. 38 421 SOUTHWEST 2 AVENUE BOYNTON BEACH, FL 33435 KI; LAND SALE COMPARISON CHART Land Sale Sale Size Site Price per Sales Date Price Sg.Ft. Zoning Square Foot 1 340 E MLK, Jr. Blvd. 6/15/2017 $50,000 7,750 "R-2" $6.45 Boynton Beach, Florida 2 199 E. MLK Boulevard 06/06/2016 $50,000 7,000 "R-2" $7.14 Boynton Beach, Florida 3 309 NE 11 Ave & 1106 NE 2 St 08/10/2017 $79,000 17,629 "R-2" $4.48 Boynton Beach, Florida 4 415 SW 2 Avenue 2/13/2017 $59,900 7,840 "R 1A" $7.64 Boynton Beach, Florida 5 421 SW 2 Avenue 7/7/2017 $62,000 7,840 "R 1A" $7.91 Boynton Beach, Florida SUBJECT Value Date Value Unit Value 110 NW 6 Avenue 12/06/2017 36 700 5,250 "R- 1A" S7.00 Boynton Beach, Florida est SALES COMPARISON APPROACH - LAND VALUATION Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. For the opinion to be supportable, there must be an adequate number of sales of similar properties for comparison to the subject. The steps of sales comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with parties to the transactions, including details of financing and any special considerations or non -typical market features. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Compare and adjust the sales to the subject using the significant, market -derived units of comparison. 5) Reconcile all value indications from the comparisons into a single value opinion by this approach. The appraised vacant land contains 5,250 square feet. Zoning is "R -IA", Single family residential district, in the City of Boynton Beach. Based on the subject's size and zoning district, its highest and best use is for a single family residence. A search was made to find recent sales of sites similar to the subject in the central part of Boynton Beach. The appraisers examined many land sales in the immediate area and beyond. Two of the land sales have the same zoning as the land concerned of "R -IA", Single family residential. Three of the land sales are zoned "R-2", Single or Two-family residential district. The five included in the report are most representative of market value for the land being valued. Details of the transactions are on the sale sheets and chart in this report. The unit of comparison relevant to this valuation is Sale Price per Square Foot of Land. The range of unit prices is from $4.48 per square foot to $7.91 per square foot of land. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate continues by stating that there are basic elements of comparison that may he considered in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. This second group of property elements consists of location, physical characteristics and use. Each element is hereafter addressed. (Continued) CSI LAND VALUATION (Continued) Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at market rent, or below or above market rent. In the case of land, there could be a land lease on the site that would create a leased fee interest. The lease amount would require examination to see if the tenant (the leasehold interest) had a value greater than zero. If it is, then the submarket rental rate would give some of the property value to the tenant. The sales were the conveyance of fee simple interest, the same interest valued for the land in question. No numerical adjustment is warranted for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. All of the land sales were in cash, which is the most common form of payment for vacant lots in the subject area. No adjustments are made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. The land sales cited in this report are arm's length transactions. Land Sales 1, 3, 4 and 5 were purchased for future development of each lot on a stand-alone basis. Sale 2 was purchased by an adjacent church for additional church parking. The unit price for this sale is near the top of the data set, seemingly to have been influenced by the proximity of the other owned parcel. Land Sales 4 and 5 were purchased by the same buyer, an active home -builder in that market area. The advantage of market penetration appears to have positively influenced the prices paid for lots by this buyer, suggested by the slight increase in price from No. 4 to No. 5. Conditions of sale for Nos. 2, 4 and 5 seem to have caused the buyers to pay unit prices at the top of the market for these parcels. Nos. 2, 4 and 5 are adjusted downward qualitatively for their superior conditions of sale when compared to the other sale properties and the appraised property. Said another way, the prices paid for these sales were swayed upward by the motivations of the buyers, with downward adjustments made to them to for this factor. (Continued) E, LAND VALUATION (Continued) Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Four of the sales occurred in 2017, and one in 2016. All of the land sales occurred during market conditions which are similar to those at the time of valuation. Hence, no adjustment is necessary for this element of comparison. Adjustments are made to Land Sale 2, 4 and 5 for the transactional element of comparison of conditions of sale. Next, adjustments for property elements of comparison are considered. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, traffic count, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, et cetera. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. However, there may be differences such as corner location, view, and zoning, to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts, zoning and/or land use, and market composition. Locations of the appraised parcel and the land sales are in central Boynton Beach, where the peak of construction took place in the mid -twentieth century. Redevelopment is occurring because old improvements are razed to make way for new residential and commercial projects, most with the financial support or incentives from governmental and social agencies. Land Sale 1 was purchased by the Boynton Beach Community Redevelopment Agency, the primary buyer of properties in the of the subject market area. Future plan for the subject market area is to assemble sufficient land to be of a size to be attractive to a private developer to purchase for a new residential, commercial or mixed use project. Land Sales 1 and 2 border MLK, Jr. Boulevard, a main neighborhood thoroughfare with an improved streetscape. Land Sale 3 is situated along neighborhood streets. Nos 4 and 5 are located in the southwest section of the city where single family home building is taking place. The appraised lot borders a neighborhood road. As mentioned, Nos. 1, 2 and 3 are zoned for one or two family residences. Nos. 4 and 5 are zoned for single family use like the subject. The locational characteristics of the appraised site put its unit value in the mid-range of the unit sale prices. (Continued) 43 LAND VALUATION (Continued) Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, topography, view, access, functional utility, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the site appraised are presented in the report for analysis and comparison to the subject. The less the number of physical differences, the better. The size range for Land Sales 1, 2, 4 and 5 is narrow being from 7,000 to 7,840 square feet. No. 3 is larger at 17,629 square feet, with the lowest unit price. The land in question is the smallest size at 5,250 square feet. Typically, smaller sites have higher unit prices, which would put the unit price for the subject in the upper part of the range of the sales. Use For sites to be comparable, they should have similar uses. Highest and best use for all of the properties, except No. 3, is for single family use. Sale 3 could be used for a duplex. No adjustment is necessary for this element of comparison. FINAL VALUE OPINION Following is a summary of the square foot unit sale prices for the five land sales: Land Sale Sale Price per Sguare Foot 1 $6.45 2 $7.14 3 $4.48 4 $7.64 5 $7.91 (Continued) 44 LAND VALUATION (Continued) The locational and physical characteristics of the land concerned place its unit value mid to upper end of the range of unit sale prices at $7.00 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for lots in the mid-section of the city of Boynton Beach. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of December 6, 2017 is: $7.00/sq.ft. x 5,250 square feet = 36 700 THIRTY-SIX THOUSAND SEVEN HUNDRED DOLLARS CERTIFICATION I certify that, to the best of my knowledge and belief, the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475, Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on November 28, 2017. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. December 6. 2017 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State -Certified General Real Estate Appraiser No. RZ-85 &n� �� e December 6, 2017 Claudia Vance, MAI Florida State -Certified General Real Estate Appraiser No. RZ-173 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report, subject to the limiting conditions hereafter cited, are correct to the best of the writers' knowledge. 1. The undersigned have personally inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included, the subject is analyzed as though free and clear of liens and encumnbrances. 3. No responsibility is assn ned for legal matters, nor is an opinion of title rendered. Title is assn ned to be good and held in Fee Simple, unless excepted. 4. Legal descriptions and property dimensions have been furnished by others; no responsibility for their correctness is assn ned. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication, duplication, or advertising using the writers' names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land, improvements, etc., the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present, past or contemplated interest in the subject of this report - unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub -soil contarnination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recornmend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions, and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perforn this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B. Vance, Jr., MAI, SRA, ASA State -Certified General Real Estate Appraiser No. RZ 85 December 6, 2017 Claudia Vance, MAI State -Certified General Real Estate Appraiser No. RZ 173 December 6, 2017 47 ADDENDA 48 This Instrument Prepared By and Return to: T RESULTS, INC. 0 EST ATLANTIC AVE, STE 404 D -,BEACH, FLORIDA 33484 0 P.C.N. 08� °45-21-07-002-1010 CFN 200702E+5570 OR BK 21789 PG 0798 RECORDED 05/31/2007 16:05:15 Palo Beach County, Florida AMT 10.00 Doc Stamp 0.70 Sharon R. Bock,CLERK 8 COMPTROLLER Pg 0798, tlpg) a QUITCLAIM DEED This Quitclaim lamed, made this 26th day of April, 2007, between IAIN SPENCER MCMILLAN, a married man, whddress is 8428 ARIMA LANE, WELLINGTON, FL 33414, Grantor, and CERTIFIED PRORRTIES, LLC, a Florida Corporation, whose address is 8428 ARIMA LANE, WELLINGTON, FL 0*)4, Grantee. Witnesseth, that the GraIStat nd in consideration of the sum of ------------TEN & NO/ 100 ($10.00)--- ---------------- DOLLARSgood and valuable consideration to Grantor in hand paid by Grantee, the receipt of which is hwledged, has granted, bargained and quitclaimed to the said Grantee and Grantee' heirs and er, the following described land, situate, lying and being in the County of PALM BEACorida, to -wit: Lot 101, Block B, BOYNTILLS, according to the plat thereof, recorded in Plat Book 4, Page(s) 51, of the Pu liecords of Palm Beach County, Florida. This is not the homestead of the "tor, nor has it ever been. To Have and to Hold the same together W1 and singular the appurtenances thereunto belonging or in estate anywise appertaining, and all the , ri , interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantee forever. In Witness Whereof, the Grantor has hereunto set he/she hand and seal the day and year first above written. Signed, sealed and delivered in our presence �1esS-#t:*gnature r�wv - Witness# Printed Name /Pi W' s # nature a/o. w&,21 ef_ Witness 42 Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH i -L LQQ__ lain Spencer McMillan The foregoing instrument was acknttvxledged irefnre meli�iday, of April, 2007, by IAIN SPENCER MCMILLAN who is personally known to me or who has produced --------'h7otary _ re :1m ADAM FEINBERG MY COMMISSION#DD4418M Printed Notary Signature EXPIRES: June 16, 2009 My Come i xg „NMY pbk UNWi - B Book217891Page798 Page 1 of 1 E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten (10) dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-2 District Minimum lot area (per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet5 1 Single-family dwellings shall be constructed on lots that are no less than six thousand (6,000) square feet. 2 Pursuant to Section 8.B. below, parcels that have frontage on Martin Luther King Jr. Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front, side interior, and side corner setbacks in accordance with the mixed use -low intensity 1 zoning district (see Section 6.11. below). 3 On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the comer lot shall provide for front yard setbacks along both streets. when two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. 4 A floor area ratio (FAR) up to 0.10 maybe considered for non-residential uses allowed within the R-2 district (see "Use Matrix" — Chapter 3, Article IV, Section 3), pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two (2) stories. 50 D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half (7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: a 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single -story building additions: I Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 51 N LD Q U x w C NO z z z z o 0 a w tn w w z z C 0 0 N N N kn y o YC a� YC a� O O ry a w w w v, O to O M y Q 00 O O o O C tn ^i Q' O O Q' x to z OO � N C kn z Q' O O Q' z z Q' O O Q' z 00z o o ¢ d to z C> 00tn z a� r Cd Cd on v to cd > C6 Q U � o .. 0 �, bye O �i Ow^ U oz 0 0'.2 > U as a o Z w'° N LD z z z z z z z z 00 w w w w z z z z z w w w w z z z z z 00 z z z z z z z z N N N N O U z z z z z z z z O M N r— N O N / Fri O N O kn O to O kn O kn M M O kn O kn 44 O N O by o 0 0 0 0 0 0 0 O kn O O O O O O O N N N <M N A4 o 0 0 0 0 0 0 0 M N -•� N N �n �n �n �n �n M �n �n yr Cd •.Ofir Cd � y bA y s, O cd to to 0-4 AC7 U U U w .. r� r� U rx U ---� EJ Sec. 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 District, R -IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1 A, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1) whole platted lot, platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand (5,000) square feet (irregular, other than rectangle -shaped lots with less than five thousand (5,000) square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. -- N 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50) feet, the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel, provided that the parcel contains at least one (1) whole platted lot. b. A duplex dwelling may be constructed on any parcel, provided that it meets the following requirements: (1) The parcel contains at least two (2) whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120) feet, and the total area is greater than twelve thousand (12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R- I AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1 AA district, without requiring a variance, provided that it meets the following requirements: a. The parcel contains at least one (1) whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet, and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R -IAA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1) parcel or lot, or combination of lots under the same ownership, that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 54 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of 3 0 Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use, plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot, parking space requirements shall be computed separately for each principal use, unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together, this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1) building or part of a building, and the floor area of each principal use cannot be clearly delineated, the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction, the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below, there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements, and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces, the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off -Street Spaces for Non -Residential Uses. No fewer than four (4) parking spaces shall be provided for any non-residential use. 3. Location of Off -Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distance, unless the property is located within those areas defined within the adaptive re -use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred (300) feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. I Residential and Lodging Uses I Standard Number of Required Parking Spaces 55 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Single-family, duplex dwelling, or mobile home: 21 Efficiency or one (1) -bedroom apartment: 1.51,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel & motel units containing one (1) -bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel & motel suite containing two (2) or more bedrooms: 2 per unit Within mixed use high district: 1 per unit Group home (types 1 through 4): 1 per 3 beds Bed & breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi -family dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2, Article II, Section S.B.; however, any driveway expansion (or similar impervious surface) that is equal to or greater than eight hundred (800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway, proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3) or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1) parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 56 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of 3 4 In addition to the required parking for the residential unit, the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 57 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1/8/2015 This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of Uniform Standards of Professional Appraisal Practice (USPAP: 2016-2017) (a) The content of an Appraisal Report must be consistent with the intended use of the appraisal and, at a minimum: (i) state the identity of the client and any intended users, by name or type; (ii) state the intended use of the appraisal; (iii) summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; (iv) state the real property interest appraised; (v) state the type and definition of value and cite the source of the definition; (vi) state the effective date of the appraisal and the date of the report; (vii) summarize the scope of work used to develop the appraisal; (viii) summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; (ix) state the use of the real estate existing as of the date of value and the use of the real estate reflected in the appraisal; (x) when an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion; (xi) clearly and conspicuously: ■ state all extraordinary assumptions and hypothetical conditions; and ■ state that their use might have affected the assignment results; (xii) include a signed certification in accordance with Standards Rule 2-3. Standards Rule 1-5 When the value opinion to be developed is market value, an appraiser must, if such information is available to the appraiser in the normal course of business: (a) analyze all agreements of sale, options, and listings of the subject property current as of the effective date of the appraisal; and (b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. 58 475.611 Florida Statutes: Definitions. -- (1) As used in this part, the term: (a) "Appraisal" or "appraisal services" means the services provided by certified or licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or "foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser' means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of s. 5.11(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified general appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property. (i) "Certified residential appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. Q) "Department" means the Department of Business and Professional Regulation. 6T Page 1 of 5 Vance Real Estate Service Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran -Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in "SAM" (U.S. Government System for Award Management — DUNS 826494957). Designated appraisers perforin the appraisal work, no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers, we perforin most other real property functions. We also do "Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ DEGREES/ LICENSES & CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS (RE -Urban) 4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE -CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85 (Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO. BK. 91050 REGISTERED VETERAN -OWNED SMALL BUSINESS (CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE (Minority Business Enterprise - MBE) FLORIDA "D.E.P." APPROVED APPRAISER Currently registered in "SAM" (U.S. Governinent System for Award Management). B) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1. U.S. Court of Appeals, Eleventh Circuit 2. U.S. District Court, Southern District of South Florida 3. U.S. District Court, New Jersey 4. U.S. Bankruptcy Court, Southern District of Florida 5. U.S. Bankruptcy Court, District of New Jersey 6. U.S. Bankruptcy Court, Western (Pittsburgh) Division of Pennsylvania 7. Florida Circuit Courts: Broward, Dade, Patin Beach, Lee, Collier, Martin, and Okeechobee Counties 8. Appraiser on landmark eminent domain cases: TESSLER, NESS TRAILER PARK, PATEL, SIMPSON v. FILLICHIO, RUBANO, PALM BEACH COUNTY (FL) vs. COVE CLUB INVESTORS, LTD. C) EXPERIENCE Over thirty-five (35) years appraising and analyzing real property interests in South Florida. Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS & NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF -STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS, etc. [4 Page 2 of 5 D) PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farrn Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH, COLLIER, OKEECHOBEE; BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS; OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT (General Counsel, I.R.S.); U.S. MARSHAL'S SERVICE —U.S. ATTORNEY'S OFFICE CENTRAL DIVISION —U.S. Dept. of Justice; VETERANS ADMINISTRATION E) EDUCATIONAL BACKGROUND - (Partial List) BACHELOR OF ARTS - Earlham College, Richmond, Indiana (1954) MBA (Nova University) - Real Estate Management & Development (National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation (Income) Course 4 (AIREA) - Condemnation Appraising Course 6 (AIREA) - Income Capitalization & Analysis Course 101 (SREA) - Introduction to Appraising Course 201 (SREA) - Income Property Valuation, Theory Course 202 (SREA) - Applied Income Property Valuation Course 301 (SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis, 1978, Virginia Symposium (SREA) - Market Analysis, 1979, Arizona Symposium (SREA) - Market Analysis, 1980, South Carolina Symposium (SREA) - Market Analysis, 1981, Tennessee Symposium (SREA) - Market Analysis, 1982, New Mexico Symposium (SREA) - Market Analysis, 1983, Pennsylvania Symposium (SREA) - Market Analysis, 1984, Georgia Symposium (SREA) - Market Analysis, 1985, Vancouver, B.C. Symposium (SREA) - Market Analysis, 1986, New Jersey Clinic (SREA) - #201 Instructor, 1987, U. of Illinois Clinic (SREA) - #201 Instructor, 1988, Illinois Seminar (SREA) - Professional Practice, 1988, Florida Symposium (SREA) - Market Analysis, 1988, California Symposium (SREA) - Market Analysis, 1989, Minnesota MBA Graduate School Courses: 1990 — 1991 Successfullv completed the followine eraduate school courses - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management"' - "Human Resource Management" - "Real Estate Economics" - "R. E. Finance: Instruments, Institutions & Investment Analysis" - "Urban Infrastructure & Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach (1992/Boston) SEMINAR (AI) - Rates & Ratios (1992/Boston) SEMINAR (AI) - International Appraising (1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial (1993) SEMINAR (AI) - ADA ACT (1993/Reno) SEMINAR (AI) - Hotel Valuation (1993) SEMINAR (AI) - Income Capitalization, Methods (1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation (1994) SEMINAR (AI) - Verifying Market Data (1994) SEMINAR (AI) - Market Studies for Appraisals (1994) SEMINAR (AI) - Florida Appraiser Core Law (USPAP/1994) Page 3 of 5 E)EDUCATIONAL BACKGROUND - (Partial List, continued) SEMINAR (AI) - Limited Appraisals & Reports (USPAP/1994) SEMINAR (AI) - Public Safety & Property Values (1995) SEMINAR (AI) - Outparcel Valuation (1995) SEMINAR (AI) - Computer Technology Video Conference (1995) SEMINAR (AI) - The Internet & the Appraiser (1996) SEMINAR (AI) - Florida Commercial Construction (1996) SEMINAR (AI) - Real Property Rights in Florida (1996) COURSE (AI) - USPAP & Florida Real Estate Core Law (1996) SEMINAR (AI) - Valuation of Trees (199 7) 3 -DAY COURSE - Environmental Permitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/Hazardous Wastes/LenderLiability (1997/Marco Beach. FL) SEMINAR (AI) - Valuation of Transferable Development Rights [TDR's] (1997) COURSE (AI) - Standards of Professional Practice, Part C, 15 hour Course #430 (1997) SEMINAR (AI) - Non -Conforming Uses (1998) SEMINAR (AI) - The Impact of Contamination on Real Estate Value (1998) COURSE (AI) - USPAP & Florida Real Estate Core Law (1998) SEMINAR (AI) - Econometrics/Statistical Valuation Methods (1999) COURSE (AI) - 14 Hour (2 -day) Advanced Spreadsheet Modeling for Valuation Applications SEMINAR (AI) - Globalization of Real Estate/What U.S. Appraisers Need to Know (1999) SEMINAR (AI) - The Role of the Appraiser in Alternative Dispute Resolution (Mediation/Arbitration) (1999) SEMINAR (AI) - Technology Forum Part II/Intermediate (1999) SEMINAR (AI) - Client Satisfaction/Retention/Development (1999) SEMINAR (AI) - Attacking and Defending an Appraisal (1999) SEMINAR (AI) - Federal Appraisal Requirements ("Yellow Book') (2000) SEMINAR (AI) - Regression Analysis in Appraisal Practice: Concepts & Applications (2000) SEMINAR (AI) - Analyzing Income Producing Properties (2000) SEMINAR (ATIF) - 1031 Tax Deferred Exchanges (2000) COURSE (AI) - USPAP & Florida Real Estate Core Law (2000) SEMINAR (AI) - Mediation & Alternate Dispute Resolution Seminar (2001) SEMINAR (AI) - State of the Appraisal Profession (2001) 2 -Day SEMINAR - Eminent Domain, by CLE International, Tampa, Florida (2001) SEMINAR (AI) - Ad Valorem Assessment Process in Florida (2002) SEMINAR (AI) - Role of Real Estate Appraisers in Bankruptcy Proceedings (2002) SEMINAR (AI) - Appraisers & the Gramm -Leach -Bliley Federal Privacy Act (2002) SEMINAR (AI) - How to Appraise the Ugly House (2002) COURSE (AI) - 2 -Day Course #430, Standards of Professional Practice, Part C (2002) SEMINAR (AI) - Market Trends for 2003 (2003) SEMINAR (AI) - Update on Code of Professional Ethics (2003) PANEL (AI) - Moderator "Industry, Consumer & Congressional Views on Predatory Lending" D.C. (2003) SEMINAR (AI) - Florida State Law for Real Estate Appraisers (2003) SEMINAR (AI) - Appraisal Agreements (2003) SEMINAR (AI) - Analyzing Distressed Real Estate (2004) SEMINAR (AI) - Valuation for Financial Reporting Purposes (2004) SEMINAR (AI) - 7 Hour National USPAP Update Course #1400 (2004) SEMINAR (AI) - Inverse Condemnation (2004) SEMINAR (AI) - Appraiser Independence in the Loan Process (2004) SUMMIT (AI) - Moderator at 2 -day Appraisal Summit in Washington, D.C. (12/2004) SEMINAR (AI) - Loss Prevention Program for Real Estate Appraisers (2005) SEMINAR (AI) - Valuation of Wetlands (7/2005) SEMINAR (AI) - Tri -County Residential Symposium (8/2005) SEMINAR (AI) - "Cool Tools" Internet Resources and Use for Valuation (2/2006) SEMINAR (AI) - FREAB 7 -Hour National USPAP Update (5/2006) SEMINAR (AI) - FREAB 3 -Hour Florida State Law for Real Estate Appraisers (5/2006) SEMINAR (AI) - USPAP Scope of Work & New Requirements (8/2006) SEMINAR (AI) - USPAP Reappraising, Readdressing & Reassigning Appraisal Reports (2/2007) SEMINAR (AI) - Al Summary Appraisal Report/Residential (4/07) COURSE (Fla.) -14-Hour Continuing Education (including 3 -Hour Florida Core Law) (7/2007) SEMINAR (AI) - Real Estate Fraud: Appraisers Beware! (8/2007) SEMINAR (AI) - Florida Law for Real Estate Appraisers (11/2007) COURSE (AI) - Business Practices and Ethics — 8 hours (12/2007) SEMINAR (AI) - Supervisor Trainee Roles and Rules (2/2008) SEMINAR (AI) -7 Hour National USPAP (4/2008) SEMINAR (AI) - USPAP Hypothetical Conditions & Extraordinary Assumptions (5/2008) SEMINAR (AI) - Litigation Skills for the Appraiser — 7 -Hour Seminar (9/2008) SEMINAR (AI) - Public Sector Appraising (2/2009) 62 Page 4 of 5 E) EDUCATIONAL BACKGROUND - (Partial List, continued) WEBINAR (AI) - Develop an Effective Marketing Plan (3/2009) SEMINAR (AI) - Inspecting the Residential "Green House" (4/2009) SEMINAR (AI) - Property Tax Assessment (5/2010) SEMINAR (AI) - Supervisor Trainee Roles and Rules (7/2010) SEMINAR (AI) - Florida Law for Real Estate Appraisers (7/2010) SEMINAR (AI) - 7 -Hour Introduction to Valuation for Financial Reporting — Chicago (5/2009) SEMINAR (AI) - Government Regulations & Their Effect on R.E. Appraising (8/2009) SEMINAR (AI) - R.E.Market: How We Got Here, Where We Are, Where We're Going (10/2009) SEMINAR (AI) - 7 Hour National USPAP Update Course (10/1/2010) COURSE (AI) - 7 Hour Introduction to Conservation Easement Valuation (12/10/2010) SEMINAR (AI) - The Real Estate Market (2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions ("Yellow Boob') (2/25-26/2011) WEBINAR (AI) - Real Estate Industry Perspectives on Lease Accounting (4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview (5/19-20/2011) WEBINAR (AI) - 2 -hour Investment Property Accounting Standards (6/8/2011) SEMINAR (AI) - 3 Hour Spotlight on USPAP — Agreement for Services (7/15/2011) COURSE (AI) - 14 Hours (2 -day) Advanced Excel Spreadsheet Modeling for Valuation Applications (9/22 & 9/23/2011) SEMINAR (AI) - Trial Components (11/4/11) SEMINAR (AI) - Lessons from the Old Economy Working in the New (1/20/2012) 7 -Hour USPAP - National USPAP Update (3/9/2012) 3 -Hour Fla. Law - State Law Update (3/9/2012) SEMINAR (AI) - Appraisal Review for General Appraisers (4/12/2012) SEMINAR (AI) - Land Valuation (4/20/2012) SEMINAR (AI) - The Valuation of Warehouses (6/22/2012) SEMINAR (AI) - Town Hall Meeting: 2012 Appraisal Institute Forum (7/12/2012) SEMINAR (AI) - IRS Valuation (7/19/2012) SEMINAR (AI) - 7 Hour Business Practices and Ethics Course (12/7/2012) SEMINAR (AI) - Real Estate Forecast 2013 (1/25/2013) COURSE (AI) - 7 Hour Advanced Marketability Studies (5/6/2013) SEMINAR (AI) - Developing a Supportable Workfile (11/15/2013) SEMINAR (AI) - Florida Appraisal Law Course (2/7/2014) SEMINAR (AI) - Liability Issues for Appraisers performing Litigation & Non -Lending Work (2/24/2014) COURSE (AI) - 7 Hour National USPAP Update Course (4/25/2014) SEMINAR (AI) - Economic Conditions (5/16/2014) SEMINAR (AI) - Fundamentals of Going Concerns (7/16/2014) SEMINAR (AI) - Litigation Assignments for Residential Appraisers (7/24/2014) SEMINAR (AI) - Economic Engines of Miami -Dade County, Florida (1/23/2015) SEMINAR (AI) - Economic Engines Driving Broward County, Florida (5/15/2015) 3 -Hour Fla.Law - Florida Real Estate Broker 14 -hour Continuing Education Course (incl. 3 hour core law) with exam (9/2015) SEMINAR (AI) - Drone Technology & its Effect on Real Estate Valuations (11/2015) SEMINAR (AI) - Loss Prevention for Real Estate Appraisers (1/22/2016) COURSE (AI) - 7 -Hour National USPAP Update Course (4/22/2016) SEMINAR (AI) - 3 -Hour Florida Appraisal Law (4/22/2016) SEMINAR (AI) - 4 -Hour Appraisals in the Banking Environment (5/6/2016) SEMINAR (AI) - Appraising the Tough One: Mixed Use Properties (8/19/2016) SEMINAR (AI) - 4 -Hour Business Practices & Ethics (12/02/2016) 5 -Year Requirement WEBINAR (AI) - 2 -Hour Yellow Book Changes — Overview for Appraisers (1/11/2017) SEMINAR (AI) - 3 -Hours Economic Engines Driving Broward County in 2017 (1/27/2017) COURSE (AI) - 7 -Hours: Introduction to Green Buildings Principles & Concepts (2/24/2017) COURSE (AI) - 4 Hours: Another View of the Tough One: Sales Comparison Approach for Mixed -Use Properties (5/19/2017) SEMINAR (AI) - 4 Hours: Appraising for Federal Office of Valuation Services & Yellow Book Review (8/18/2017) COURSE (BR) - 14 Hours Real Estate Continuing Education, including 3 -Hour Florida Real Estate Core Law (9/13/2017) COURSE (AI) - 4 -Hours: 2-4 Unit Small Residential Income Property Appraisals (11/3/2017) COURSE (AI) - 15 Hours "Yellow Boob' Uniform Appraisal Standards for Federal Land Acquisitions —Passed Exam (11/10/2017) 63 Page 5 of 5 F) APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach (Certificate No. 275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars - Board of Realtors, ASA, SREA, and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G) PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D. MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006- 2008) AWARD - Appraisal Institute `NATIONAL PRESIDENTS AWARD" 2008 AWARD - Appraisal Institute "LIFETIME ACHIEVEMENT AWARD" 2011 For "high ethical standards, contributions to the Appraisal Institute, Community and Appraisal Profession for at least 20 years." CHAIR - REGION X - All of Florida - Appraisal Institute (2008) VICE -CHAIR - REGION X - All of Florida - Appraisal Institute (2007) THIRD DIRECTOR - REGION X - All of Florida - Appraisal Institute (2006) FINANCE OFFICER - REGION X — All of Florida — Appraisal Institute (2006) PRESIDENT - BROWARD COUNTY, SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY, AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA. STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF Al CHAIR - FLA. STATE LEGISLATION & REGULATION SUBCOMMITTEE OF Al G) PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE, FT. LAUDERDALE CHAPTER Al CHAIR - CANDIDATES GUIDANCE COMMITTEE, FT .LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF Al VICE CHAIR & MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al (15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF Al MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF Al DIRECTOR - REGION X (Florida) Appraisal Institute MEMBER - REGION X (FLORIDA) ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY, FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF Al SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT, Broward County, FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H) PROFESSIONAL PUBLICATIONS & PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div. of the Dept. of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage -Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3 -hour accredited course in "The Legislation, Regulation and Appraisal of Real Property Rights in Florida September 7, 1996. Presentation on "Gramm -Leach -Bliley" Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24, 2001. Presented 3 -hour Florida CEU-credit seminar on "Appraisers and the Gramm -Leach -Bliley Act' before the South Florida Chapter of the Appraisal Institute on July 27, 2002. Presenter at 6.5 Hour CLE -credit Attorney Seminar on Florida Eminent Domain, "Valuation and Damage Issues" February 2, 2006, Fort Lauderdale, Florida L) CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL / PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP ("BYBLOS") MEMBER CIRCLE OF FRIENDS — NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE / BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL & FT. LAUDERDALE COUNCILS U.S. NAVY LEAGUE U.S. ARMY VETERAN WWII (RA 1721268 1) - HONORABLE DISCHARGE 1949 64 I of 4 Vance Beal Estate Service Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email: vancevalgatt.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran -Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perforin the appraisal work, no trainees. Our appraisals are used for financial/ mortgage loan purposes from large mixed use complexes to small owner- occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B. Vance, Jr., MAI, SRA, ASA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, deficiency judgments, marriage dissolution, and estates. Our firm values most types of real property interests, timely, professionally, and at competitive costs. PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ LICENSES MAI Designation - APPRAISAL INSTITUTE No. 9451 State -Certified General Real Estate Appraiser No. RZ-173 Florida State Licensed Real Estate Broker No. BK 0161305 VOSB Veteran -Owned Small Business (CCR/Duns 826494957) B) WORK HISTORY 1983 - Current Vice President - Vance Real Estate Service 1981-1983 President - The Appraisal Company, Fort Lauderdale, Florida 1979-1981 Staff Appraiser - Real Property Analysts, Inc., Fort Lauderdale, Florida 1976-1980 REALTOR -Associate - The Atwood Corporation, Fort Lauderdale, Florida 1973-1975 Teacher of Secondary Language Arts in the Jefferson Parish School in Louisiana C) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S. Bankruptcy Court, Southern District of Florida Florida Circuit Court: Broward County D) APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 E) EXPERIENCE: 35+years appraising and analyzing real property interests in South Florida. Partial list of real property types valued: High value residences, Condominiums/ Co-operatives, Office, Industrial, Multi -family, Restaurants/ bars, Auto dealerships, City Centers, Hotels/ inotels, Houses of worship, Schools, Child care centers, Self -storage, Funeral home, Animal Hospital, Mixed use, Nursing homes, Gas sales stations, Marinas, Mobile home parks, Shopping centers, Country clubs/ golf courses, Financial institutions, Bowling centers, Vacant land, Agricultural properties, Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investiment Analyses, Partial Interests, Easement Valuations, Estate planning, Marriage dissolution, Land use studies, Damage/ Contamination studies W 2 of 4 F) PARTIAL LIST OF CLIENTS — PRIVATE: Individuals, Corporations, Attorneys, Accountants, Habitat for Humanity, Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; Citigroup; Space Coast Credit Union; State Fann Bank; Florida Shores Bank; American National Bank; Landmark Bank; City National Bank; Englewood Bank & Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie, Hollywood, Pembroke Pines, Hallandale Beach, Lauderhill, Southwest Ranches, Miramar, Boca Raton, Boynton Beach, West Pahn Beach, Delray Beach FLORIDA COUNTIES and AGENCIES: Broward, Patin Beach, Broward County Board of County Coininissioners, School Board of Broward County, Broward County Housing Authority STATE OF FLORIDA Department of Transportation (FDOT), Department of Environinental Protection U.S. Department of Veterans Affairs, U.S. Department of Treasury (IRS), U.S Marshall's Service, U.S. Attorney G) EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree — University of New Orleans, New Orleans, LA — Major: English Professional: Course 1-A (AIREA) - Introduction to Appraising Real Property, 1977, Passed Exam Course 1-B (AIREA) - Capitalization Theory and Techniques, 1978, Passed Exam Course VIII (AIREA) - Residential Appraising, 1978, Passed Exam Course SPP (AI) - Standards of Professional Practice, 1992, Passed Exam Course 2-1 (AIREA) - Case Studies, 1987, Passed Exam Course 2-2 (AIREA) - Report Writing, 1987, Passed Exam Course R-2 (SREA) - Report Writing, 1978, Passed Exam Course 202 (SREA) - Applied Income Property Valuation, 1983, Passed Exam Course 301 (SREA) - Applications/Appraisal Analysis, 1984, No Exam Course SPP (SREA) - Standards of Professional Practice, 1989, No Exam Symposium (SREA) - Market Analysis, 1983, Philadelphia Symposium (SREA) - Market Analysis, 1984, Atlanta Symposium (SREA) - Market Analysis, 1985, Vancouver Symposium (SREA) - Market Analysis, 1986, Atlantic City Symposium (SREA) - Market Analysis, 1988, Los Angeles SEMINAR (AI) - Cost Approach (1992/Boston) SEMINAR (AI) - Rates & Ratios (1992/Boston) SEMINAR (AI) - International Appraising (1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial (1993) SEMINAR (AI) - ADA ACT (1993/Reno) SEMINAR (AI) - Hotel Valuation (1993) SEMINAR (AI) - Income Capitalization, Methods (1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation (1994) SEMINAR (AI) - Verifying Market Data (1994) SEMINAR (AI) - Market Studies for Appraisals (1994) SEMINAR (AI) - Florida Appraiser Core Law (USPAP/1994) SEMINAR (AI) - Limited Appraisals & Reports (USPAP/1994) SEMINAR (AI) - Public Safety & Property Values (1995) SEMINAR (AI) - Outparcel Valuation (1995) SEMINAR (AI) - Computer Technology Video Conference (1995) SEMINAR (AI) - The Internet & the Appraiser (1996) SEMINAR (AI) - Florida Commercial Construction (1996) SEMINAR (AI) - 1996 Data Exchange (1996) SEMINAR (AI) - Real Property Rights in Florida (1996) COURSE (AI) - USPAP & Florida Real Estate Core Law (1996) SEMINAR (AI) - Valuation of Trees (1997) of 4 G) EDUCATIONAL BACKGROUND (Continued) SEMINAR (AI) - Valuation of Transferable Development Rights [TDR's] (1997) COURSE (AI) - Standards of Professional Practice, Part C, 15 hour Course #430 (1997) SEMINAR (AI) - Non -Conforming Uses (1998) SEMINAR (AI) - The Impact of Contamination on Real Estate Value (1998) COURSE (AI) - USPAP & Florida Real Estate Core Law (1998) SEMINAR (AI) - Econometrics/Statistical Valuation Methods (1999) SEMINAR (AI) - Globalization of Real Estate/What U.S. Appraisers Need to Know (1999) SEMINAR (AI) - The Role of the Appraiser in Alternative Dispute Resolution (Mediation/Arbitration) (1999) SEMINAR (AI) - Technology Forum Part II/Intermediate (1999) SEMINAR (AI) - Client Satisfaction/Retention/Development (1999) SEMINAR (AI) - Attacking and Defending an Appraisal (1999) SEMINAR (AI) - Federal Appraisal Requirements (2000) SEMINAR (AI) - Regression Analysis in Appraisal Practice: Concepts & Applications (2000) SEMINAR (AI) - Analyzing Income Producing Properties (2000) COURSE (AI) - USPAP & Florida Real Estate Core Law (2000) SEMINAR (AI) - Mediation & Alternate Dispute Resolution Seminar (2001) SEMINAR (AI) - State of the Appraisal Profession (2001) SEMINAR (AI) - Ad Valorem Assessment Process in Florida (2002) SEMINAR (AI) - Role of Real Estate Appraisers in Bankruptcy Proceedings (2002) SEMINAR (AI) - Appraisers & the Gramm -Leach -Bliley Federal Privacy Act (2002) SEMINAR (AI) - How to Appraise the Ugly House (2002) COURSE (AI) - 2 -Day Course #430, Standards of Professional Practice, Part C (2002) SEMINAR (AI) - Market Trends for 2003 (2003) SEMINAR (AI) - Update on Code of Professional Ethics (2003) PANEL (AI) - Moderator "Industry, Consumer & Congressional Views on Predatory Lending" D.C. (2003) SEMINAR (AI) - Florida. State Law for Real Estate Appraisers (2003) SEMINAR (AI) - Appraisal Agreements (2003) SEMINAR (AI) - Analyzing Distressed Real Estate (2004) SEMINAR (AI) - Valuation for Financial Reporting Purposes (2004) SEMINAR (AI) - National USPAP Course (2004) SEMINAR (AI) - Inverse Condemnation (2004) SEMINAR (AI) - Loss Prevention (2005) SEMINAR (AI) - Single Family Fraud Awareness (2005) SEMINAR (AI) - Guide to the new URAR form (2005) SEMINAR (AI) - Technologies for Real Estate Appraisers (2006) SEMINAR (AI) - The Appraiser's Role in New Urbanism (2006) SEMINAR (AI) - National USPAP Update (2006) SEMINAR (AI) - Florida State Law for Real Estate Appraisers (2006) SEMINAR (AI) - Scope of Work and the New USPAP Requirements (2006) SEMINAR (AI) - Energy Star and the Appraisal Process (2006) SEMINAR (AI) - Reappraising, Readdressing, and Reassigning Appraisals (2007) SEMINAR (AI) - Real Estate Fraud (2007) SEMINAR (AI) - Forecasting Revenue (2007) SEMINAR (AI) - Florida Law for Real Estate Appraisers (2007) COURSE (AI) - Business Practice and Ethics #420 (2007) SEMINAR (AI) - Supervisor — Trainee Roles and Rules (2008) COURSE (AI) - 7 Hour National USPAP Update #400 (2008) SEMINAR (AI) - Hypothetical Conditions and Assumptions (2008) SEMINAR (AI) - Real Estate Economy (2008) SEMINAR (AI) - Public Sector Appraising (2009) SEMINAR (AI) - Inspecting the residential "green" house (2009) WEBINAR (AI) - Value for Financial Reporting (2009) SEMINAR (AI) - The Real Estate Market in 2009 SEMINAR (AI) - New Government Regulations (2009) SEMINAR (AI) -Property Tax Assessment (2010) SEMINAR (AI) - 7 Hour National USPAP (2010) SEMINAR (AI) - Florida. Law for Real Estate Appraisers (2010) SEMINAR (AI) - Supervisor/ Trainee Roles and Rules (2010) SEMINAR (AI) - The Real Estate Market (2011) SEMINAR (AI) - Uniform Appraisal Standards for Federal Land Acquisitions- "Yellow Book" (2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview (2011) SEMINAR (AI) - Spotlight on USPAP — Agreement for Services (2011) SEMINAR (AI) - Trial Components (2011) 67 4 of 4 G) EDUCATIONAL BACKGROUND (Continued) SEMINAR (Al) - Lessons from the Old Economy Working in the New (2012) SEMINAR (Al) - Appraisal Review for General Appraisals (2012) COURSE (Al) - National USPAP Update (2012) SEMINAR (Al) - Florida Law (2012) SEMINAR (Al) - Land Valuation (2012) SEMINAR (Al) - Valuation of Warehouses (2012) SEMINAR (Al) - IRS Valuation (2012) SEMINAR (Al) - Business Practices and Ethics (2012) SEMINAR (Al) - Real Estate Forecast (2013) SEMINAR (Al) - Advanced Marketability Studies (2013) SEMINAR (Al) - Developing a Supportable Workfile (2013) SEMINAR (Al) - Florida Appraisal Law (2014) SEMINAR (Al) - Liability Issues for Appraisers performing Litigation & Non -Lending Work (2014) COURSE (Al) -7 Hour National USPAP Update Course (2014) SEMINAR (Al) - Florida Law (2014) SEMINAR (Al) - New Real Estate Economy (2014) SEMINAR (Al) - Economic Engines of Miami -Date County (2015) SEMINAR (Al) - Economic Engines of Broward County (2015) SEMINAR (Al) - Tightening the Appraisal (2015) SEMINAR (Al) - Evaluating Commercial Construction (2015) SEMINAR (Al) - Drone Technology (2015) SEMINAR (Al) - Loss Prevention for Appraisers (2016) COURSE (Al) - 7 Hour National USPAP Update (2016) SEMINAR (Al) - Florida Law (2016) SEMINAR (Al) - Redefining the Appraisal & Its Role in an Evolving Banking Environment (2016) SEMINAR (Al) - The Tough One, Mixed use properties (2016) SEMINAR (Al) - Business Practices & Ethics (2016) SEMINAR (Al) - Economic Engines Driving Broward County (2017) SEMINAR (Al) - Introduction to Green Buildings & passed exam (2017) SEMINAR (Al) - Another View of the Tough Ones (2017) SEMINAR (Al) - Appraising for the Office of Valuation Services, Department of the Interior (2017) SEMINAR (Al) - Case Studies in Appraising Green Residential Buildings & passed exam (2017) SEMINAR (Al) - Uniform Appraisal Standards for Federal Land Acquisitions & passed exam (2017) H) PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006 — 2009 President of the South Florida Chapter of the Appraisal Institute - 2003 First Vice -President of the South Florida Chapter of the Appraisal Institute -2002 Second Vice -President of the South Florida Chapter of the Appraisal Institute -2001 Secretary of the South Florida Chapter of the Appraisal Institute -2000 Treasurer of the South Florida Chapter of the Appraisal Institute - 1999 Chair of the Education Committee of the S. Florida Chapter of the Appraisal Institute - 1995, 1996, 1997, 1998, 2007- 2018 Chair of the University Relations Committee of the South Florida Chapter of the Appraisal Institute - 2006 Director of the South Florida Chapter of the Appraisal Institute 1996 - 1998 Member of Region X (Florida) Ethics and Counseling Panel —Al Graduate of the Florida REALTORS Institute (GRI) Director of the Florida Association of REALTORS (FAR) - 1981 Committee Member of the Florida Association of REALTORS, Education Committee 1980 & 1981 Chairman of the Education Committee of the Fort Lauderdale REALTORS - 1981 and 1982; Member 1978, 1979, 1980 Member of the Long Range Planning and Awards Committees of the Fort Lauderdale REALTORS Instructor for the Investment Division of the Fort Lauderdale REALTORS D PROFESSIONAL PUBLICATIONS & PRESENTATION Prepared and taught Mastering Real Estate Mathematics at the Fort Lauderdale Area Board of REALTORS Prepared and taught A Guide to Researching Real Estate Information in Broward County and Working Through the Basic Approaches to Market Value, Fort Lauderdale Area Board of REALTORS J) CIVIC INVOLVEMENT Member of the Navy League of the United States — Fort Lauderdale Council Lifetime Honorary Member- Florida Sheriff s Association Member of Zeta Tau Alpha Alumnae Fraternity 68 TITLE SEARCH REPORT Fund File Number: 517345 The information contained in this title search is being furnished by Attorneys' Title Fund Services, LLC. If this report is to be used by a title insurance agent for evaluation and determination of insurability by the agent prior to the issuance of title insurance, then the agent shall have liability for such work. Provided For: Lewis Longman & Walker, P.A. Agent's File Reference: 2419-048 After an examination of this search the Agent must: A. Evaluate all instruments, plats and documents contained in the report. B. Include in the Commitment under Schedule B, any additional requirements andlor exceptions you find necessary from your analysis of the surveys, prior title evidence or other relevant information from the transaction. C. Verify the status of corporations and limited partnerships and other business entities with the appropriate governmental agency or other authority. D. Determine whether the property has legal access. E. Determine if any unpaid municipal taxes or assessments exist, which are not recorded in the Official Records Books of the county. F. Determine whether any portion of the property is submerged or artificially filled, if the property borders a body of water, and if riparian or littoral rights exist. G. The information provided herein does not include a search of federal liens and judgment liens filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place for filing federal liens and judgment liens against personal property. For insuring purposes: (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and (b) Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note: Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the provisions of Sec. 55.201, et seq., F.S.) Prepared Date: November 16, 2017 Prepared by: Kimberly Shipskie, Examiner Phone Number: (800) 515-0155 x6414 Email Address: kshipskie@thefund.com Attorneys' Title Fund Services, LLC Rev. 12/10 Page 1 of 5 TITLE SEARCH REPORT Fund File Number: 517345 Effective Date of approved base title information: December 5, 2002 Effective Date of Search: November 2, 2017 at 11:00 PM Apparent Title nested in: Certified Properties, LLC, a Florida corporation Description of real property to be insured1foreclosed situated in Palm Beach County, Florida. Lot 101, Block B, Boynton Hills, according to the plat thereof as recorded in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida. Muniments of Title, including bankruptcy, foreclosure, quiet title, probate, guardianship and incompetency proceedings, if any, recorded in the Official Records Books of the county: 1. Warranty Deed from The Franklin Group, LLC, a Limited Liability Co., to NIBC Holdings, Inc., a Florida corporation, recorded December 5, 2002, in O.R. Book 14479, Pa>e, 1426, Public Records of Pahn Beach County, Florida. 2. Quitclaim Deed from NIBC Holdings, Inc., a Florida Corporation, to Iain Spencer McMillan, recorded October 2, 2003, in O.R. Book 15946, Page 1722, Public Records of Palm Beach County, Florida. 3. Quitclaim Deed from Iain Spencer McMillan to NIBC Holdings, Inc., a Florida Corporation, recorded December 4, 2003, in O.R. Book 16267, Page 1548, Public Records of Palm Beach County, Florida. 4. Quitclaim Deed from NIBC Holdings, Inc., a Florida Corporation, to Iain Spencer McMillan, recorded April 5, 2005, in O.R. Book 18363, Page 1617, Public Records of Palm Beach County, Florida. 5. Quit Claim Deed from Iain Spencer McMillan to Certified Properties, LLC, a Florida corporation, recorded May 31, 2007, in O.R. Book 21789, Page 798, Public Records of Palm Beach County, Florida. Mortgages, Assignments and Modifications: Mortgage to Mortgage Electronic Registration Systems, Inc., as nominee for Amnet Mortgage, Inc., DBA American Mortgage Network of Florida, mortgagee(s), recorded under O.R. Book 21095, Page 387; as assigned to Federal Home Loan Mortgage Corporation, assignee, by assignment recorded April 17, 2012, under O.R. Book 251.42, Page 1281, Public Records of Palm Beach County, Florida. Proceedings pending in the Circuit Court of Palm Beach County, Florida, Case No. 2008 -CA - 015698, a Notice of Lis Pendens having been filed June 13, 2008, and recorded in OR. Book 22697, Page 182, Public Records of Palm Beach County, Florida. Rev. 12/10 Page 2 of 5 0 U No NO WW r men r r Fund File Number: 517345 Other Property Liens: I . Tax Sale Application No. 2017:14417 which has been sold for the year 2014, 2015 and 2016. 2. Agency Certificate which has been sold for the year 2016. 3. General or special taxes and assessments required to be paid for the year(s) 2017. 4. On January 1, 2018, the property will become subject to real property taxes for that calendar year, although they will not be due or payable until the following November 1. 5. Lien against Certified Properties by the City of Boynton Beach as recorded in O.R. Book 25008, Page 1256, Public Records of Palm Beach County, Florida. Restrictions/Easements: All matters contained on the Plat of Boynton Hills, as recorded in Plat Book 4, Page 51, Public Records of Palm Beach County, Florida. Rights of the lessees under unrecorded leases. Other Encumbrances: Nothing Found REAL PROPERTY TAX INFORMATION ATTACHED Proposed Insured: A 20 year name search was not performed on the proposed insured It is the agent's responsibility to obtain a name search if a loan policy to be issued based on this product is other than a 100% purchase money mortgage. STANDARD EXCEPTIONS Unless satisfactory evidence is presented to the agent eliminating the need for standard exceptions, the following should be made a part of any commitment or policy. 1. General or special taxes and assessments required to be paid in the year 2017 and subsequent years. 2. Rights or claims of parties in possession not shown by the public records. Rev. 12/10 Page 3 of 5 TITLE SEARCH REPORT Fund File Number: 517345 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any owner policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 7. Federal liens and judgment liens; if any, filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place for filing federal liens and judgment liens against personal property. For insuring purposes: (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and (b) Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note: Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the provisions of Sec. 55.201, et seq., F.S.) 8. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. The report does not cover bankruptcies or other matters filed in the Federal District Courts of Florida. In foreclosure proceedings, title should be examined between the effective date of this report and the recording of the lis pendens to assure that all necessary and proper parties are joined. Consideration should be given to joining as defendants any persons in possession, other than the record owner, and any parties, other than those named herein, known to the plaintiff or the plaintiffs attorney and having or claiming an interest in the property. Prior to issuance of any policy of title insurance underwritten by Old Republic National Title Insurance Company, the agent must obtain and evaluate a title search for the period between the effective date of this Title Search Report and the recording date(s) of the instrument(s) on which the policy is based. Rev. 12/10 Page 4 of 5 TITLE SEARCH REPORT Fund File Number: 517345 If this product is not used for the purpose of issuing a policy, then the maximum liability for incorrect information is $1,000. Note: The Agent is responsible for obtaining underwriting approval on any commitment prepared from this product in the amount of $1,000,000.00 or more. Rev. 12/10 Page 5 of 5 Account Detail Collection Cart )t�fn Collection Cart 0 Account Information Property Control Number 08-43-45-21-07-002-1010 Mailing Address: CERTIFIED PROPERTIES LLC 8428 ARIMA LN WELLINGTON , FL 33414-6446 Owner of Record CERTIFIED PROPERTIES LLC BOYNTON HILLS LT 101 BLK B Notice to Tax P Page 1 of 2 Anne M. Gannon Constitutional Tax Collector Serving Palm Beach County P.O. Box 3353 West Palm Beach, FL 33402-3353 rotal $0.00 Property Type Last Update Real Property 11/14/2017 10:58:20 AM Property Address: 110 NW 6TH AVE BOYNTON BEACH FL 33435 Deed Number: 0 Legal Description Tax Bill Information To pay online, click the ADD TO CART button in the orange Shopping Cart (upper right side of screen). = Indicates taxes are not payable online. Indicates contact our office for additional information. Real Estate and Tangible Personal Property Taxes not paid by April 1 are delinquent. Delinquent Real Estate Taxes are not payable online. Interest and associated costs for delinquent taxes are determined by the date payment is received to the Tax Collector. A minimum charge of 3% is collected. Interest accrues up to 1.5% per month (18% annually). Sill Type Original Tax Bill = Original tax bill amount due in March. Certificate = Unpaid certificate (AMOUNT DUE) indicates a tax lien exits. Within two tax years this property may be sold at auction to collect unpaid taxes. Click on bill year for more information. Agency Certificate = Indicates a certificate was assigned to Palm Beach County. Freauentiv Asked C)uestlons Tax Bills Bill Year Bill Type 2017 Original Tax Bill 2016. Agency Certificate 2015 Original Tax Bill 2014 Original Tax Bill Bill Number Gross Tax Penalty/Fetes Interest Discount Amount Due 101352486 $234.88 $0.00 $0.00 ($9.40) $225.48 101353680 $218.84 $25.52 $28.61 $0.00 $0.00 $272.97 101343550 $305.34 $0.00 $0.00 $0.00 $0.00 101354504 $271.43 $0.00 $0.00 $0.00 $0.00 https://pbctax.manatron.comltabs/propertyTax/accountdetail.aspx?p=08-43-45-21-07-002... 11/14/2017 Account Detail Bill Year Bill Type 2014 Certificate 2014 Tax Deed `?50.00 App 2013 Original Tax 101356842 $1,488.60 Bill 2012 Original Tax $0.00 Bill 2011 Original Tax $0.00 Bill 7010 Original Tax $0.00 Bill 2009 Original Tax $0.00 Bill 2008 Original Tax Bill Page 2 of 2 BillNumber GrossTax Penalty/Fees interest Discount AMOUnt Due (06/01/2014) x;;0.00 $0.00 $0.00 $0.00 $0.00 2014:293 2017:14417 $1,408.14 $431.25 $467.45 $0.00 90.00 $2,306.84 101355372 $246.92 $0.00 $0.00 $0.00 $0.00 101356524 $224.10 `?50.00 $0.00 $0.00 $0.00 101356842 $1,488.60 $0.00 $0.00 $0.00 $0.00 101357450 $1,690.31 $0.00 $0.00 $0.00 $0.00 305291580 $2,404.56 90.00 $0.00 $0.00 $0.00 305275620 $2,589.21 $0.00 :$0.00 $0.00 $0.00 https://pbctax.manatron.comltabslpropertyTaxlaccountdetail.aspx?p=08-43-45-21-07-002... 11/14/2017 151111111111a®Ner,102 12,05,2002 let2o:52 20020640130 OR Alt 14479 PS 1426 TlUS INSTRUMENT PREPARED BY AND RETURN TO: Palo Beach County, Florida AMT 65,000.00 Gary M. Mills, Esq. Doc Stamp 455.00 FourStar Title, Inc. Dorothy N. Milken, Clerk 1761 W. Hillsboro Boulevard Docrfield Beach, Florida 33442 Property Appraisers Parcel Identification (Folio) Numbers: 08-43-45-21-07-002-1010 Grantee SS #: and SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED, trade the 28th day of August, 2002 by The Franklin Group, LLC, a Limited Liability Co., herein called the grantor, to NIBC Holdings, Inc., a Florida corporation whose post office address is 3860 N. Powerline Road, Suite 100, Pompano Beach, Florida 33076, hereinafter called the Grantee: (Wherever used herein the terms grantor" and "grantee" include all the parties to this instrument and the heirs, legaJ representatives and assigns of ind4wduols, and the successors and assigns of corporations) W IT N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby gram, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in PALM BEACH County, State of Florida, viz.: Lot 101, Block B. of BOYNTON HILLS, a subdivision of the City of Boynton Beach, Florida, according to the Plat thereof, u recorded in Plat Book 4, Page 51 of the Public Records of Palm Beach County, Florida. TOGETHER, with all the 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 the grantor is law&tlly seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawfW claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2001. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written Signed, sealed and delivered in the presence of: ess#1 33433 Wi #t Witness #Islg-ftwn �r Witness #2 Printed N eaatne61 : s� The Fra in Group, LLC, a Limited Liabill Co. Cretj4onac, Member 7040 W. Paimeno Park Rd. e4-709. Boca Raton, Florida STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 28th day of August, 2002 by Craig Bosonac, Member of The Franklin Group, LLC Linrnited Liability Co. on behalf of the corporation. He/She is personally known to me or has produced >L�. as identification SEAL Nowly signs My Commission Expires: Printed Notary Signature r��• -. ii,;i, Neon i+Y' euh stiff e+ My Commrgpn Eno SEF, t: 2002 9�,„ NG CC 1i563d File No.: 758A This Instrument Prepared By and Return to: Title Results, Inc. 2255 GLADES ROAD, SUITE 200 EAST BOCA RATON, FLORIDA 33431 1111111111111111111112 10/02/2003 11153t52 20030593682 OR BK 15946 P6 1722 Palm Beach County, Florida AMT 10.00 Doc Stamp 0.70 Dorothy H. Wilken, Clerk QUITCLAIM DEED This Quitclaim Deed, made this 11tb day of August, 2003, between NIBC HOLDINGS, INC., A Florida Corporation, whose address is 3860 Powerline Rd, #100, Pompano Beach, FL 33076, Grantor, and IAIN SPENCER MCMILLAN, a married nun, whose address is 8428 AR1MA LANE, WELLINGTON, FL 33414, Grantees. Witmesseth, that the Grantor, for and in consideration of the sum of -»---------TEN & NOII00 (510.00) -------------- ----DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantees, the receipt of which is hereby acknowledged, has granted, bargained and quitclaimed to the said Grantees and Grantees' heirs and assigns forever, the following described land, situate, lying and being in the County of PALM BEACH, State of Florida, to - wit: Lot 101, Block B, of BOYNTON HILLS, according to the plat thereof, recorded In Plat Book 4, Page(s) 61, of the Public Records of Palm Beach County, Florida. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantees forever. In Witness Whereof, the Grantor has hereunto set it's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness # I Signature Witney 1ad.Nane___ Witness #2 Signature /rAP, yTo_ Witness #2 Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH BY: [AIN MCMILLAN, PRESIDENT The foregoing instrument was acknowledged before me this I i th day of August, 2003, by lain McMillan, President of NIBC Holdings, Inc., who is personally known to me ;or&who las produced ,' eLiIZA �nv4� �itwrr as identification. Notary Signature . Printed Notary Signature My Commission Expires: Our File a 03-0112 yr Brad M Glonky Donna • ��ioada�d Th � Ada* bon taaea,toe, Book15946/Page1722 Page 1 of 1 Itis Instrument Prepared By and Return to: Title Results, Inc. 2255 GLADES ROAD, SUITE 200 EAST BOCA RATON, FLORIDA 33431 12/01/2883 0947134 2MM747M OR HK 16267 PS 1548 Palo Beach County, Florida AMT 10.88 Doc Stamp 8.78 Dorothy H. Wilke», Clerk QUITCLAIM DEED This QWWW= Deed, made this _JE 4ay of November, 200.1, between LAIN SPENC= MCM A AN, a marri d man, whose Kkim" is 8426 ARIMA LANE, WELLINGTON , FL 33414, Grantor, and NIBC HOLDINGS, INC„ A Florida Caporation, whose addroa is 3860 Powerikne PA #100, Pompano Beach, FL 33076, Granules. Witmmdk that the Oitaator, fa and in consideration of the sum of -------TEN k N01100 (S10.00)---_ --DOLLARS, and other good and valuable consideration to Grantor in hand paid by Graooees, the mxeipt of which is hwaby admowbgged, has granted, barpined and quitclaimed to the acid Games and Oramees' hairs and udps forever, the followbi; duall:ed toad, situate, lying and being in the County of PALM BEACH, Sm of Florida, W wit: Lot 101, Block e, of BOYNTON HILLS, accordUp to the plat the roof, recorded in Piot Book 4, Pape(o) 51, of the Public IReomde of Pain Beach County, Florida. THIS IS NOT THE HOMESTEAD OF THE GRANTOR NOR HAS IT EVER BEEN To Have and to Hold the same topthar with all and singular the eppurmances thamato belonging or in anywise appolahtiog, and all the adate, right, ,tkle, Imarest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the Ise, ban*& and profit of the said Grantees forever. in Witness WheraK the Grantor has harouato set k's !tend and seal dw day and year ton above writrm STATE OF FLORIDA COUNTY OF PALM BEACH LAIN MC bGLLAN The foregoing ioatrarnent was admowfadged betwe me this day of November, 2003, by lain McMillan who is personally known to me or who has producedidcation. Identification. Notary My Commission Expires: Our File # 03-0112 gr>aamiis smae�e» MOW ftDftaCn.taa Primed Notary Sigrumn Book16267/Page1548 Page 1 of 1 After, N h& Toe Ian Spencer McMinan 110 Northwest 6th street Boynton Besuh;14arida 33435 Tlsls "emsrent pm09"r " 1T Iain sponew )4Mlinan 110 Northwest 6th Street. Boynton Reach, Plotida 33435 PH: si1111111111i11M111111111 CFN 20050194706 OR BIC 18363 PG 1617 RECORDED 04/05/26*5 14:05:22 Pale Beach County, Florida ANT 99, 000.00 Doc Stamp 693.00 Sharon R. Bock,CLERK b COMPTROLLEit Pga 1617 - 1619; (3pgo) QUMM" DMD vam or This quitetaim deed, matte the CR-�day at '! 264-6. by C Holds W. Inc.,*71crida Corpon ion, whose mailing address is 110 Northwest 6th Sm"Ma. " NIH Boynton Beach. Florida 33435, h6esinaftar oallad the Grantor. to Iain Spencer MeM Men. a married assn, who" mailing address is 110 Northwest fish ftow.o Beach, Florida 33435, haainafter called the Oranue. pr++- The Grantor, for and in consideration of the surn of ONE AND NO/ 100 DOLLARS ($1.00) and other good and valuable consideradons to Grantor paid by Orantec, the receipt of which is hereby acknowtodgal. hereby rises. relsaass, and quitededms unto the Orl It- all that certain land, situate in Pale► Beach County, Bate of FU ida, vier BRING KNOWN AND DMGNAT2D AS IAT 101. BLOCK 8, BOYNTON HILLS. FILRD IN PUT BOOK 4, PAGS 51. Assessor's Pared Number: 06-43-45-22-07-M-1010 And more comnwwJy known as; 110 Northwest 6th Some.ton Bomb. Florida 33435 Prier Recorded Doc. Ref.: Deed; Recorded Deoeonbar 4, 2003, BK 16267, PO 1S4B "am to any Reacietions, Conditions. Covenants. Rights. Rigfsu of Wan. sad massenents now of record, if any. T*Mmher with all the tenements, hereditsmarts and appurtenances thersto baton&$ or in anywise sppertaioeing. To have and to hold. the aeon* in too simple forvow. The land described herein (You must make a selectiionl: YLis homestead property of the said Grantor is AWhamestsad properly of the said Grantor Book18363/Page1617 Page 1 of 3 to wine" whereat, the aWd ©rentor has Wiped and sealed these presents the day And year ffist above wriDOeu. Whan the coarmt requires, sieaular nouns and pronouns include the plural. )I � IIaYlyp. Iso. BY: ``- Print Name 6 TIde: c signed, *eabd And delivered in, the presenoe at: t smu witness )Mature: wirn4as Neme(1'rirttj: �a b�2-f;� , �,�i��h/2�. witness Signature: wfcaea Hattta iPrsttl: ,n�bC-�� ,�'_ �C'h/� OTATS OF COUJM 4T The foregoing instrument was scknowtadged befar* tae this - l deg of 20 (assn* dcfficw or agentj as _...._.._._.....� la�:�l (ddo of of car at ym# of MC SWIM 04 Isa.. s Flerids C etiQst, taeksf!' of tau eorporation. He/She is peraatellq lateen to mgr as ha* praduced jn L' a s2 w ft" of ideeitilicaiaA as idea at. waverer Wr.wresrs. ou.t. 4 KIMBERLY CRITCHLEY Nwuly rM— •Slots ofi.�MYCd►�rtlBtlOrlEtpi�N•k,CommUm P DD33iZ�Bonded OV Nalorial NotaryAsan. Book 18363/Page1618 Page 2 of 3 ` . 01tDER #: 4619337 EXHIBIT A ALL THAT PARCEL OF LAND IN CITY OF BOYNTON BEACH, PALM BEACH COUNTY, STATE OF FLORIDA, AS MORE FULLY DESCRIBED IN DEED BOOK 16267, PAGE 1548, ID# 08-43-45-21-07-002-1010, BEING KNOWN AND DESIGNATED AS LOT 101, BLOCK B, BOYNTON HILLS, FILED IN PLAT BOOK 4, PAGE 51. BY FEE SIMPLE DEED FROM LAIN SPENCER MCMILLAN, MARRIED AS SET FORTH IN DEED BOOK 16267, PAGE 1548 DATED 11/11/2003 AND RECORDED 1210412003, PALM BEACH COUNTY RECORDS, STATE OF FLORIDA. Page 2 of 8 Book18363/Page1619 Page 3 of 3 This Instrument Prepared By and Return to: TITLE RESULTS, INC. 5300 WEST ATLANTIC AVE, STE 404 DELRAY BEACH, FLORIDA 33484 P.C.N. 08-43-45-21-07-002-1010 CFN 20070265570 OR BK 21789 PG 0798 RECORDED 05/31/2007 16:05:15 Palm Beach County, Florida AMT 10.00 Doc Stamp 0.70 Sharon R. Bock,CLERM b COMPTROLLER Pg 0798; (Ipg) QUITCLAIM DEED This Quitclaim Deed, made this 26th day of April, 2007, between IAIN SPENCER MCMILLAN, a married man, whose address is 8428 ARIMA LANE, WELLINGTON, FL 33414, Grantor, and CERTIFIED PROPERTIES, LLC, a Florida Corporation, whose address is 8428 ARIMA LANE, WELLINGTON, FL 33414, Grantee. Witnesseth, that the Grantor, for and in consideration of the sum of ------------TEN & NO/ 100 ($10.00)--- ---------------- DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt of which is hereby acknowledged, has granted, bargained and quitclaimed to the said Grantee and Grantee' heirs and assigns forever, the following described land, situate, lying and being in the County of PALM BEACH, State of Florida, to -wit: Lot 101, Block B, BOYNTON HILLS, according to the plat thereof, recorded in Plat Book 4, Page(s) 51, of the Public Records of Palm Beach County, Florida. This is not the homestead of the grantor, nor has it ever been. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantee forever. In Witness Whereof, the Grantor has hereunto set he/she hand and seal the day and year first above written. Signed, sealed and delivered in our presence: nes, nature Witness # Painted Name WWjefis # Wnature Qia UVLr-2� Witness #2 Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH L LQQ--- lain Spencer McMillan The foregoing instrument was acknawledgedbeforefncday of April, 2007, by LAIN SPENCER MCMILL.AN who ` is personally known to me or who has produced 'detuificati —Notary re ADAM FEINBERO MY C r OMMISSION#DD4418M Printed Notary Signature EE7((PIKES: June 16, 2009 My Com ql XR1=N t.VNukunM.M Page 1 of 1 Book21789/Page798 Return To: AMERICAN MORTGAGE NETWORK, INC. P. 0. BOX 85463 SAN DIEGO, CALIFORNIA 92186 This documeAMAEWRDING RETURN TO KRISTEN FITZPAT7M RESULTS, INC' mm W ATLANTIC AVE SM 4Q4 411011r— DELRAY BEACH, FL. [Space Above This Line For Recording Data]— C:IR B.N. 21C19!5 PG C_13'87 RECORDED 11/17/2106 10:32:47 AMT 168►75ri.00 Deed Doc 590.80 Intan9 337.50 Palm Beach Countyr Florida Sharon R. BockrCLERK & COMPTROLLER P9s 0387 - 407; (21p9s) MORTGAGE MIN 1001310-2060914652-5 LOAN NO. 206-914652 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated NOVEMBER 13, 2006 together with all Riders to this document. (B) "Borrower" is IAIN SPENCER MCMILLAN, A MARRIED MAN Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679 -MEAS. (D) "Lender" is AMNET MORTGAGE, INC., DBA AMERICAN MORTGAGE NETWORK OF FLORIDA FLORIDA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3010 1/01 -6A(FL) (0005) 02 Page 1 of 16 VMP Mortgage Solutions, Inc. 199FL Book21095/Page387 Page 1 of 21 Lender is a CORPORATION organized and existing under the laws of THE STATE OF DELAWARE Lender's address is P. O. BOX 85463, SAN DIEGO, CA 92186 (E) "Note" means the promissory note signed by Borrower and dated NOVEMBER 13, 2006 The Note states that Borrower owes Lender ONE HUNDRED SIXTY EIGHT THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars (U.S. $ 168, 750 . 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 01, 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider E�l Condominium Rider El Second Home Rider El Balloon Rider El Planned Unit Development Rider FX 1-4 Family Rider VA Rider E] Biweekly Payment Rider [11 Other(s) [specify] PREPAYMENT PENALTY RIDER (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (I) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. -6A(FL) t000s m Page 2 of 16 Form 3010 1/01 0 Book21095/Page388 Page 2 of 21 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY [Type of Recording Jurisdiction] of PALM BEACH [Name of Recording Jurisdiction]: Lot 101, Block B, BOYNTON HILLS, according to the plat thereof, recorded in Plat Book 4, Page(s) 51, of the Public Records of Palm Beach County, Florida. Parcel ID Number: 08-43-45-21-07-002-1010 which currently has the address of 110 NW 6TH AVENUE [Street] BOYNTON BEACH [City], Florida 33435 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. -6A(FL) (0005).02 - Page 3 or 16 Form 3010 1/01 e Book21095/Page389 Page 3 of 21 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment -6A(FL) (0005).02 Page 4 of 16 Forth 3010 1101 1-0 Book21095/Page390 Page 4 of 21 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Horne Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest (M -6A(FL) (0005)M Paye 5 of is Form 3010 1/01 Book21095/Page391 Page 5 of 21 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. if there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. lam. -6A(FL) (000s).oz Page 6 of 16 Form 3010 1101 Book21095/Page392 Page 6 of 21 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. -6A(FL) (0005).02 Page 7 of 16 Form 3010 1101 Book21095/Page393 Page 7 of 21 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (e) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 11C- -6A(FL) (0005).02 Page 8 of 16 Form 3010 1/01 Book2109-51Page394 Page 8 of 21 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. L -6A(FL) (0005) 02 wase s of 16 Form 3010 1 /01 Book21095/Page395 Page 9 of 21 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Securityment. The proceeds of -6A(FL) (0005).02 Page 10 of 16 Form 3010 1/01 Book21095/Page396 Page 10 of 21 any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is eo-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall coestitute notice to all Borrowers -6A(FL) (0005).02 Page 11 of is Form 3010 1/01 Book21095/Page397 Page 11 of 21 unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word ")nay" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, d other fees incurred for the v -6A(FL) (0005).02 Page 12 or is Form 3010 1/01 m Book21095/Page398 Page 12 of 21 purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. -6A(FL) (0005).02 Page 13 of ie Form 3010 1/01 Book21095/Page399 Page 13 of 21 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Attorneys' Fees. As used in this Security Instrument and the Note, attorneys' fees shall include those awarded by an appellate court and any attorneys' fees incurred in a bankruptcy proceeding. 25. Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any action, proceeding, claim, or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Security Instrument or the Note. (Z -6A(FL) (0005102 Page 14 of 16 I " Form 3010 1101 Book21095/Page400 Page 14 of 21 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of: (Seal) IAIN SPENCER MCMILLAN -Borrower CW tT�ess) CwtTN�S�) -6A(FL) (0005).02 _ (Seal) -Borrower (Address) _ (Seal) -Borrower (Address) _ (Seal) -Borrower (Address) Page 15 of 16 (Address) _ (Seal) -Borrower (Address) _ (Seal) -Borrower (Address) _ (Seal) -Borrower (Address) (Seal) -Borrower (Address) Form 3010 1/01 Book21095/Page401 Page 15 of 21 STATE OF FLORIDA, Fa4.+,.-- @A-4-1- - County ss: The foregoing instrument was acknowledged before me this ZOCg by (tkin sorrtt,- Me.fV,*% 001b� who is personally known to me or who has produced'a^e identification. y „4 ADAM F8 DD 1800 MY CpMMtSS10N 16 EXPIRES: gq„ded itw -6A(FL) (0005).02 M _ � , otary PlltStf�" Page 16 of 16 Form 3010 1/01 Book21095/Page402 Page 16 of 21 RIDER TO NOTE AND SECURITY INSTRUMENT LOAN NO. 206-914652 THIS RIDER is made this 13TH day of NOVEMBER, 2006 1 and is incorporated into and shall be deemed to amend and supplement both the Note and Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note (the "Note") to AMNET MORTGAGE, INC., DBA AMERICAN MORTGAGE NETWORK OF FLORIDA (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 110 NW 6TH AVENUE, BOYNTON BEACH, FLORIDA 33435 [Property Address] PREPAYMENT PENALTY • FIRST 36 MONTHS OF NOTE You have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment". When you make a Prepayment, you must tell the Note Holder in writing that you are doing so. Subject to the Prepayment Penalty specified below, you may make a full Prepayment or partial Prepayment of your obligation. The Note Holder will use all of your Prepayments to reduce the amount of principal that you owe under this Note. If you make a partial Prepayment, there will be no changes in the due date(s) or in the amount of your monthly payment unless the Note Holder agrees in writing to those changes. If within the 36 month period beginning with the date of the Note (the "Penalty Period"), you make a full or partial Prepayment, you will pay a prepayment charge as consideration for the Note Holder's acceptance of such payment No prepayment charge will be assessed for any prepayment made after the Penalty Period. You may prepay an amount not exceeding twenty percent (20%) of the original principal amount in any twelve month period commencing from the date of the Note or anniversary dates thereof without penalty. However, during the Penalty Period if the aagregate amount of the principal prepaid in any twelve month period exceeds twenty percent (20%) of the original principal amount of this loan then as consideration of the acceptance of such Prepayment and in addition to any other sum payable hereunder, you agree to pay the Note Holder hereof a sum equal to six (6) months interest on the amount prepaid in excess of twenty percent (20%) of the original principal amount at the rate specified in the Note. Such additional sums shall be paid whether prepayment is voluntary or involuntary including any prepayment affected by the exercise of any acceleration provisions contained in the Note to which this Rider is attached or in the Security Instrument securing the Note to which this Rider is attached. 1/18/05 Page I oft ACST1551 155ST B3FL Book21095/Page403 Page 17 of 21 Notwithstanding the forgoing in the event of a full Prepayment concurrent with a bona fide sale of the Property to an unrelated third party after the first twelve (12) months from the date of the Note no Prepayment penalty will be assessed In that event you must provide the Nate Holder with evidence acceptable to the Note Holder of such sale. For purposes of the exceptionof the Prepayment charge a sale of the property to a person or entity with whom you have a personal or business relationship (such as a family member, builder, developer or employer) will be presumed NOT to be a bona fide sale of the property to an unrelated third party. All other terms and conditions of the Note remain in full force and effect. By signing below, Borrower accepts and agrees to the terms and provisions contained in this Rider to Note and Security Instrument. NOTICE TO BORROWER Do not sian this loan agreement before you read it This loan agreement provides for the payment of a penalty if you wish to repay the loan prior to the date provided for repayments in the loan aareement. 1!18105 Book21095/Page404 L t� 13 �06 IAIN SPENCER MCMILLAN Date Page 2 of 2 Date Date Date ACST1552 Page 18 of 21 LOAN NO. 206-914652 MIN: 1001310-2060914652-5 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 13TH day of NOVEMBER, 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to AMNET MORTGAGE, INC., DBA AMERICAN MORTGAGE NETWORK OF FLORIDA (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 110 NW 6TH AVENUE BOYNTON BEACH, FLORIDA 33435 [Property Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. MULTISTATE 1- 4 FAMILY RIDER - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3170 1101 Wolters Kluwer Financial S)�rv:ices VMPe-57R (0411).01 Page 1 of 3 420ST Book21095/Page405 Page 19 of 21 E "BORROWER'S RIGHT TO REINSTATE' DELETED, Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lenders agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or anyudicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. 1. CROSS -DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. .LC--- VMP m -57R (041 1).01 Page 2 of 3 Form 3170 1101 Book21095/Page406 Page 20 of 21 LOAN NO 206-914652 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 14 Family Rider. V M P S -57R (041 1).01 (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) IAIN SPENCER MCMILLAN -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Page 3 of 3 Form 3170 1101 Book21095/Page407 Page 21 of 21 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL ACTION WASHINGTON MUTUAL BANK, Plaintiff, Vs. 50 2008 « 015..6 9 $ XXXX MBA � CASE NO. SPACE FOR RECORDING O\Ll' FS.§6".26 DIVISION CERTIFIED PROPERTIES, LLC, A FLORIDA CORPORATION; IAIN SPENCER MCMILLAN; THE UNKNOWN SPOUSE OF LAIN SPENCER MCMILLAN; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; TENANT #1, TENANT #2, TENANT #3, and TENANT #4 the names being fictitious to account for parties in possession Defendant(s). NOTICE OF LIS PENDENS To the above-named Defendant(s) and all others whom it may concern: You are notified of the institution of this action by the above-named Plaintiff, against you seeking to foreclose a mortgage recorded in Official Records Book 21095, Page 387, on the following property in PALM BEACH County, Florida: r7 C+ LOT 101, BLOCK B, BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF, R>.. ORDED�' IN PLAT BOOK 4, PAGE(S) 51, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,. FLORIDA. Dated this l� day of '2008. By: W MF I DE LITY-SPECFH LMC—R-cjayska FILE NUMBER: F08041339 n; t Lindsey DieO( Florida Bar No. 27688 Colleen E. Lehmann Florida Bar No. 33496 Anne M. Cruz -Alvarez Florida Bar No. 17140 e GAUNIA J. 3cvTCEW FLOI A 3. NO. 47-_ � DOC ID: M000105 CFN 20080222655, OR BK 22697 PG 182,RECORDED 06/13/2008 08:56:29 Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 1 Florida Default Law P.O. Box 25018 Tampa, Florida 336 (813) 251-4766 By: W MF I DE LITY-SPECFH LMC—R-cjayska FILE NUMBER: F08041339 n; t Lindsey DieO( Florida Bar No. 27688 Colleen E. Lehmann Florida Bar No. 33496 Anne M. Cruz -Alvarez Florida Bar No. 17140 e GAUNIA J. 3cvTCEW FLOI A 3. NO. 47-_ � DOC ID: M000105 CFN 20080222655, OR BK 22697 PG 182,RECORDED 06/13/2008 08:56:29 Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 1 Mail to: JPMorgan Chase Bank, NA 780 Kansas Lane, LA4-3121 Monroe, LA71203 Prepared By: Carmen Adams BORROWER: McMillan LOAN NO.: 5304036790 ASSIGNMENT OF MORTGAGE 15111111111111111 0111111111 CFN 20120150519 OR BK 25142 PG 1281 RECORDED 04/17/2012 13:11:56 Pelta Beach County, Florida Sharon R. Bock,CLERH 6 COMPTROLLER Pg 1281; (ipg) That, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.(MERS), ITS SUCCESSORS OR ASSIGNS, AS NOMINEE FOR WASHINGTON MUTUAL BANK, FA, 1111 POLARIS PARKWAY, COLUMBUS, OHIO 42340, hereinafter designated as Assignor for valuable consideration in an amount of not less than outstanding principal amount plus accrued and unpaid interest, the receipt whereof is hereby acknowledged, does by the presents hereby grant, bargain, sell, assign, transfer and set over to: Federal Home Loan Mortgage Corporation 8250 Jones Branch Drive. Mclean, VA 22102 hereinafter designated as Assignee, all of it rights, title and interest. as holder thereof, in and to the following described lien in the form of a mortgage or deed of trust, the property therein described and the indebtedness thereby secured: MORTGAGE: Executed by: lain Spencer McMillan, a married man Payable to: Amnet Mortgage Inc., DBA American Mortgage Network of Florida Note dated: November 13, 2006 Original Principal Amt: $168,750.00 Recorded on: 11/17/2006 BK: 21095 PG: 0387-407 INSTR: 20060644662 County of: Palm Beach State of: Florida Property Add: 110 NW 6" Avenue, Boynton Beach, Florida 33435 Parcel ID: 084345-21-07-002-1010 LEGAL DESCRIPTION: Lot 101, Block B, BOYNTON HILLS, according to the plat thereof, recorded in Plat Book 4. Pape(s)51. of the Public Records of Palm Beach County, Florida. Together with the note or obligation described in said mortgage, endorsed to the Assignee this date and all money due to and become due thereon, with interest. The Assignee is not acting as nominee of the mortgagor and that the mortgage continues to secure a bonafide obligation. This Assignment is not subject to the requirements of Section 275 of the Real Property Law because it is an Assignment within the Secondary Mortgage Market TO HAVE AND TO HOLD the same unto Assignee and to the successors, legal representatives and assigns to the Assignee forever, and Assignor hereby constitute and appoints said Assignee its attorney irrevocable to collect and receive said debt, and to foreclose, enforce, and satisfy said lien the same as it might or could have done were these presents not executed, but at the cost and expense of the Assignee, subject however to the right and equity of redemption, if any there be, of the maker(s) of the mortgage or deed of trust herein above described. Date: March 19, 2012 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.(MERS), ITS SUCCESSORS OR A GNS, IkS NOMINEE FOR WASHINGTON MUTUAL BANK, FA apish A. Hampto sistant Secretary Witness: Candiss Brown STATE OF LOUISIANA COUNTY OF OUACHITA On this day, March 19, 2012, before me personally came Danisha A. Hampton, to me known, who, being duly sworn, did depose and say that he/she resides at 780 Kansas Lane, 2nd Floor, Monroe, Louisiana 71203 that he/she is the, Assistant Secretary of JPMorgan Chase Bank, NA Successor in Interest by Purchase from the FDIC, as Receiver for Washington Mutual Bank formerly Washington Mutual Bank, FA, the corporation described in and which executed this foregoing instrument: and that he -/she sign his her name by authority of the Board of Directors of said corporation. Norma Woodall -6 293-Notar Public Wt •••••.:o "''. 111111tfllfl/� Y 4° o brag u�N,�.(; Commission expires: Lifetime ?+'' e �`U� — �Q/9j/i, ai•DELAWWARE;? ' c Book25142/Page1281 Page 1 of 1 Return to: (enclose self-addressed stamped envelope) Name: Address: CFN 20120054815 OR PK 25008 PG 1256 RECORDED 02/10/2912 13:36:19 Palo Beach County, Florida Sharon R. Bock. CLERK i CO2IPTROLLER Pgs 1256 - 1259; (4pgs) RESOLUTION NO. R12 -Q03 • A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED, AUTHORIZING THE CITY ATTORNEY AND CITY CLERK TO INITIATE RECORDING OF LIEN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager or his designated representative of the City of Boynton Beach, Florida, acting on and on behalf of the City, has pursuant to Section 10-5 of the Code of Ordinances of the City of Boynton Beach, found and determined that the condition of certain property or parcels of land as hereinafter described violate Section 10-2 and 10-3 of said Code by reason of the existence of excessive growth of weeds, grass, • vegetation or other noxious plants or other offensive substance detrimental to the health and welfare of the residents of the City, thereby constituting a nuisance; and WHEREAS, the owners of the parcel(s) of property hereinafter described were duly notified in accordance with Section 10-5 of the City Code of Ordinances and were required to abate the nuisance, as described in the Notice to Owners within the prescribed period of E time; and WHEREAS, said nuisance was not abated as required; and WHEREAS, pursuant to and in accordance with the procedure set forth in Chapter 10 of the Code of Ordinances of the City of Boynton Beach, the City abated said nuisance; and S:\CC\WP\LOT MOWING ASSESSMENTS\Demolition Liens\Resolution for Lien for abatement of nuisance - demolotions - 01-03-12.doc Book25008/Page1256 Page 1 of 4 WHEREAS, the City Manager or his authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is hereinafter described; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section One: The Whereas clauses set forth above are true and correct and incorporated herein by this reference. Section Two: The City Commission of the City of Boynton Beach assesses the cost of nuisance abatement against those properties and in the amounts set forth as listed in Exhibit "A". The City Attorney and the City Clerk are authorized to prepare and record such instruments, in addition to this Resolution, as necessary to perfect a City lien against the properties. Section Three: The City Clerk shall provide written notice to the property owners of the subject properties in accordance with Section 10-9 of the City Code of Ordinances. Section Four. This Resolution shall become effective thirty (30) day following date of passage. S:\CC\WP\LOT MOWING ASSESSMENTS\Demolition Liens\Resolution for Lien for abatement of nuisance - demolotions - 01-03-12.doc Book25008/Page 1257 Page 2 of 4 • 0 PASSED AND ADOPTED this 3rd day of January, 2012. ATTEST: Commissioner to Ci Clerk S:\CC\WP\LOT MOWING ASS ESSM ENTS\Demolition Liens\Resolution for Lien for abatement of nuisance - demolotions - 01-03-12.doc Page 3 of 4 0 0 0 $�E2 6EJ ■ �■ q \ q k 2 § \ � $ / 2 . A % A �@ § s q © $ LM a ` ƒ @ � R . mesmwellunimm 28058 Page A of A Jt' All go fif 'vk'rfi� 7,11 ego Ir - 'em 00 lot I'T 00 0 ILI c E- 'w cFq0 4, Lj [_ '� Z cm 00 oKi ILQ o r, Z M P7 I i is C, r.a i:1_ e. if meant of eta / L,)j.�i Sian wff ('tL�DtiLns a,,,,h P.c cords / L) ttjiI _[.ucument NL,11:,er Detail by Entity Name Florida Limited Liability Company CERTIFIED PROPERTIES, LLC Filing Information Document Number L05000028190 FEI/EIN Number APPLIED FOR Date Filed 03/21/2005 Effective Date 03/18/2005 State FL Status INACTIVE Last Event ADMIN DISSOLUTION FOR ANNUALREPORT Event Date Filed 09/26/2008 Event Effective Date NONE Principal Address 8428 ARIMA LANE WELLINGTON, FL 33414 Mailing Address 8428 ARIMA LANE WELLINGTON, FL 33414 Reaistered Aaent_Name & Address MCMILLAN, IAIN 8428 ARIMA LANE WELLINGTON, FL 33414 Name Changed: 12/18/2006 Address Changed: 12/18/2006 Authorized Person(s) Detail Name & Address Title MGR MCMILLAN, AIN 8428 ARIMA LANE WELLINGTON, FL 33414 Annual Reports Report Year Filed Date 2006 12/18/2006 2007 09/26/2007 Document 11nacles 091261202 - REIN IA-IEWFNI V,ew image In PDF forml 1&18/2001 — R INa &TE —MEN I View imago PDF format I �Ihjhl- V,ew nacp in PDF format City of Boynton Beach Interest In Real Property _ This document serves as constructive notice of the City of Boynton Beach's interest in the real property identified below. PCN :08434521070021010 Property Address : 110 NW 6TH AVE Item 1 of 2 Search performed by Bonnie Nicklien of Individuals (Florida) on Mon Nov 13 08:05:46 PST 2017 Tracking Number: 1415499 Access PIN: 27844 Case Number: Code Enforcement 17-00001769 Date Opened: 08/30/2017 Case Type: 1056 - Notice of Public Nuisance 1025 Case Status: AC - ACTIVE For compliance please contact the Code Compliance Department at the City of Boynton Beach via messaging. Item 2 of 2 Mowing and Maintenance Resolution Number: R12-003 Lien Number: Amount Due: $3,180.63 Resolution Adopted: 01/03/2012 For compliance please contact the City Clerk at the City of Boynton Beach via messaging. No outstanding Building Permits were found. No outstanding Utility Bills were found. SERVICE FEE FOR THIS REPORT PAID IN FULL: $115 his statement is furnished at the request of the applicant for informational purposes only, and the City of Boynton Beach, its officers or employees assume no re pori :>ibility or liability whatsoever ever fear the authenticity or correctness of the matters set forth herein. This report prepared and delivered via Conduits TM, a service from Net Assets Corporation To use Messaging regarding this report, go to http://conduits.nassets.net/messaging.html 41 CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.M. SUBJECT: Project Update 211 E. Ocean Avenue SUMMARY: The Board approved the Purchase and Development Agreement with Shovel Ready Projects, LLC for the 211 E. Ocean Avenue property in October 2015, and two subsequent Amendments in February 2016 and November 2016 (see Attachment 1). As previously presented to the CRA Board, the project's building permit application and design plans were submitted to the City in late December 2016. The City's plan review process has generated several rounds of comments to which the owner's architect, Jim Williams of AW Architects produced plan revisions for each in March 2017, April 2017, and most recently in mid-October 2017. On September 20, 2017, CRA legal counsel sent a letter to the property owner reminding them of their obligations under the contract and to make diligent effort obtain plan approval (see Attachment 11). Mr. Williams and his design team met with the City's plan review staff for several hours on Thursday, November 9, 2017 to discuss each of the remaining review comments so that the required corrections can be made and the plans can be resubmitted and re -reviewed for final approval. As of December 12, 2017, the owner's architectural team had not resubmitted revised plans in response to these 3rd round of review comments (see Attachment 111). At the December 12, 2017 CRA Board meeting, there was Board discussion concerning the length of time the permit process was taking and directed staff to notify the property owner that permit plan revisions should be submitted by December 21, 2017, and if not still submitted before the Board's January 18, 2018 meeting, direction was given to CRA legal counsel to begin the process of exercising the Board's rights under the Reverter Clause of the Purchase and Development Agreement. As directed, CRA staff issued a letter to the owner on December 18, 2017 and received an explanation response status letter from the property owner on December 20, 2018 as well as a phone call from the architect concerning the delay (see Attachment IV). Since then, efforts have been made by the architect and City staff in an attempt to find solutions to these remaining plan issues. Email correspondence dated January 4, 2018 from Shane Kittendorf to Mr. Williams with the latest comments from City staff is included in Attachment V. FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: No Board action required ATTACHMENTS: Description Attachment I - 211 Purchase & Development Agreement and Amendments D Attachment I - LLW letter to Shovel Ready Projects,LLC D Attachment III - Plan Review Comments, Dec. 8,2017 D Attachment IV - Letters from CRA staff and Property Owner D Attachment V - January 4, 2018 Email and Comments I I -1 k �A OW hil) aw"Flm D11[#i11W10i11D11Ci11#,h Purchaser and Seller desire to amend certain terms and conditions of the Agreement, va more particularly described below: 1. Paragraph 18.3(b) of the Agreement is hereby amended to extend the date by which Purchaser must submit a Construction Permit Application to the City of Boynton Beach until DecernberX 12. 16. — 3 () dal -S Irom NbV 14 QC) 1 (0 IP 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 Purchaser and Seller. 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. IN WITNESS W1MREOF, the Parties have executed this Amendment as of the date firs) set forth above. FTFLMR�F �MUIVA M'S Vo a I Mtle-j 0 �iry� Y-1 12 Op Title: 0 o5l) I Date:11 It, Ir -b Witnesses: I i oil E"02EM- C #PO o form tan, legal sufficiency: A�tt=e- ON0140-1 with the Seller, the "Parfies'�. Purchaser and Seller desire to amend certain terms and conditions of the Agreement as more particularly described below: The Feasibility Period set forth in Paragraph 7 of the above -referenced Agreement i -T hereby amended to March 4, 2016. All other deadfines set forth in the Agreement, including Closing Daft, shall remain unchanged. and Seller. This Amendment any be executed in any number of counterp", any one and all of IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date, first set forth above. BUYER LOCAL DEV CO, LLC AND/OR ASSIGNS; By: Print Name: Title: Date. Witnesses: OM1448-1 0 16, Ili 0 Oki Print Name.- C--*Vl - Title: FIRST AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This First Amendment to Purchase and Development Agreement (hereinafter "Amendment") is made and entered into as of January _, 2016, by and between BOYNTON BEACII COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "Seller") and LOCAL DEV CO, LLC, a Florida limited liability company or its affiliated assignee (hereinafter "Purchaser", and together with the Seller, the "Panties"). Purchaser and Seller desire to amend certain terms and conditions of the Agreement, as more particularly described below: 1. The Feasibility Period set forth in Paragraph 7 of the above -referenced Agreement is hereby amended to March 4, 2016. All other deadlines set forth in the Agreement, including Closing Date, shall remain unchanged. 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 Purchaser and Seller. 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. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth above. BUYER LOCAL DEV CO, LLC AND/OR ASSIGNS, By: _ / <,PrintName] (.;.� Title: Zi /'` -` Date: SELLER BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: Date: Witnesses: Witnesses: Witnesses: to Attorney 00601448.1 and legal sufficiency: 11��Ilprl�� i � I OfT41141, 111" A a . Fill! ill Ji 1`1 ffmflml This Purchase and Development Agreement (hereinafter "Agreemenf ) is made ani entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNrlY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "SELLER") and LOCAL DEV CO, LLC ( or its assignee, as provided for herein) (hereinafter "PURCHASER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: I . PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey t* 1!URCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terrrX 9-nd conditions hereinafter set forth, the Property which consists of one parcel located in Palm Fteacb County, Florida (the "Property") having an address of 211 E. Ocean Avenue, Boynton 11'each and more particularly described as follows: See Attached Exhibit "A". 3. DEPOSIT. PURCHASER shall deposit ten percent (10%) of the purcha price within five days of the Effective Date with the SELLER'S escrow agent Lewis, Lo-ngm and Walker, P.A. I 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date) shall S as 81 the date when the last one of the SELLER and P�URCHASER has signed the Agre L"Mr ggree T t4a6 However- no -,fartj-, shall execute the A gr -e - party or the Agreement shall become null and vo void. 5. CLOSING. The purchase and sale transaction contemplated herein shall clo v within forty-five (45) days of PURCHASER obtaining Major Site Plan Modification appro I �p from the City of Boynton Beach for the full service restaurant (the "Closing"), unless ex. tend by other provisions of this Agreement or by written agreement, signed by both parties, extend' the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the 'Termitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and ff'URCHASE AND DEVELOPMENT AGREEMENT/LocalDevz r' -age 3 of 16 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 seek to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Ti Company to issue an updated Title Commitment ("Fitle Update") coveting the Property. If Title Update contains any conditions which did not appear in the Title Commitment, and s items render title unmarketable, PURCHASER shall have the right to object to such new different conditions in writing prior to Closing. All rights and objections of the Parties wi respect to objections arising from the Title Update shall be the same as objections to ite appearing in the Tide Commitment, subject to the provisions of this Section. I 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obt a current boundary survey (the "Survey") of the Property, indicating the number of ac I comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachm me on the Property or that improvements located thereon encroach on setback lines, ease e lands of others or violate any restrictions, covenants of this Agreement, or applicab governmental regulations, the same shall constitute a title defect and shall be governed by provisions of Section 7.2 concerning title objections. I 11 W Of ME r� i -1 W 8.2 'Condition of Propt*., PROPERTY is being purchased in "as is" condition. SELLER makes no warranty about the condition of the'structure or any of the appurtenances on the Property. PURCHASER understands that the Property is in need of major structural renovation in order to be utilized as a full-service restaurant. 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. -rf T-A-MM14ME IV T? Co —ca 115 e v Page 4 of 16 1 8.4 ComDliance_ with Laws and Regulations. The Property shall be ir compliance with all 4rpji�ca �If � state and local laws, ordinances- ruIes_,_v_- requirements, licenses, permits and authorizations as of the date of Closing. 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 Titli Company. At Closing, SELLER shall execute and deliver, or cause to be executed and deliverei 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 affidavit attesting that, to the best of its knowledge, no individual or entity has any claim again the Property under the applicable construction lien law; and that there are no parties possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER non -foreign affidavit with respect to the Property. In the event SELLER is unable to deliver i affidavits referenced above, the same shall be deemed an uncured Title Objection. I 9.3 Closing Statement. A closing statement setting forth the Purchase Pric all credits, adjustments and prorations between PURCHASER and SELLER, aall costs 4 expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall al * execute and deliver at Closing. 1i 4 �14 I =41 I g $j 0 oil gil ffoxx�pl gw# 9.5 Additional Documents, Such other documents as PURCHASER or t Title Company may reasonably request that SELLER execute and deliver, and any oth documents required by this Agreement or reasonably necessary in order to close this transacti and effectuate the terms of this Agreement. I 10.1 Prorations. Taxes for the Property shall be prorated through the d before Closing. Cash at Closing shall be increased or decreased as may be required prorations to be made through the day prior to Closing. Taxes shall be prorated based upon t current year's tax with due allowance made for maximum allowable discount. If Closing oce at a date when the current year's millage is not fixed and current year's assessment is availab, taxes will be prorated based upon such assessment and prior year's millage. If current year assessment is not available, then taxes will be prorated on prior year's tax. A tax proration bas on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. Page 5 of 16 recording the deed and all general closing expenses (settlement fee, courier fees, overnight ramackages, 10.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent designated by SELLER, the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 Existing Mort:, ges and Other Liens, At Closing, SELLER shall obtain, J or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11.1 Seller's ReDresentations 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 the consummation by SELLER of the transaction contemplated by this Agreement are with SELLER'S capacity and all requisite action has been taken to make this Agreement valid binding on SELLER in accordance with its terms. The person executing !is Agreement behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and t1h 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). 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, Seller shall have, at its option, the right to declare Purchaser in default under this Avreement by Notice delivered to Purchaser, in which event Seller shall be entitled to retain deposit (which shall not constitute a penalty). PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons cWming by, through or under PURCHASER, but not otherwise, 12.2 SELLER'S Default. In the event that SELLER shall fail to fully timely perform any of its obligations or covenants hereunder or if any of SEE:LLE . JR' r2resentations are untrue or inaccurate then, notwithstanding anvthine to 111 11 w" 6 r Page 6 of 16 11111p� WAM01-701M EIT414101RIN tiW1 Mtge) 1 IINM41. 123 Notice of Defa It. Prior to declaring a default and exercising the remedies described herein, the non -defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non -defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination if this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall considered delivered when received by certified mail, return receipt requested, or person delivery to the following addresses: 11 If to Seller: Boynton each Community Redevelopment Agency Executive Director, Vivian L. Brooks 71 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: Local Dev Co, LLC 630 N. P Street Philadelphia, PA 19123 With a copy to: Thomas F. Carney, Jr., Esq. CARNEY STANTON P.L. 135 S.E. 5th Avenue, Suite 202 Delray Beach, Florida 33483 14. BINDING OBLIGATIONIASSIGNMENT. The terms and conditions of thl! Agreement are hereby made binding on, and shall inure to the benefit of, the successors all. permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreeme I without the prior written consent of PURCHASER, which shall not be unreasonably withhelt. PURCHASER may not assign this Agreement to any other party without the prior writt approval of SELLER. 'r7fUc-aKfYe—vM1 Page 7 of 16 15. RISK OF LOSS. hi 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 farther obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property and the Development Timelines set forth in Section 18.3 below shall be reasonably adjusted by mutual agreement of the parties to zccommodate same.. 16. BROKER FEES. The PURCHASER hereby confirms that it has dealt wi6i Prakas & Co. as broker in connection with the transaction contemplated by this Agreement an4 shall be responsible for paying Prakas & Co. a five percent (51/o) commission on. the purchase price at the closing of the Property. 17. ENVIRONMENTAL CONDITIONS, To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authonizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Pro�y�rt,-, is bein I sold to of developing a fall service restaurant. 18.1 SELLER Design A Mroval. The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND SALE AGREEMENT. Prior to the expiration of the Feasibility Period, PURCHASER shall submit plans to the SELLER for review. SELLER shall provide comments to PURCHASER at its next regularly scheduled Board meeting. The SELLER's approval of the plans and design shall not be unreasonably withheld provided the plans and design meet the criteria set forth and described in the City of Boynton Beach approved Urban Design Guidelines for Development within the Boynton Beach Community Redevelopment Area. 18.2 Economic Development Grant Incentives and Funding. The SELLER shall provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency Economic Development Grants if needed, to induce the enhancement ?,nd/or expansion of the restaurant: Commercial Fagade Grant - Purchaser shall be reimbursed up to a maximum amount of $25,000 with a $25,000 match by Purchaser. Said funds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation consistent with the eligible items set forth in the CRA's Commercial Fagade Grant Program. b. Commercial Construction Project Incentive Program — Purchas(I shall be reimbursed the building permit fee of 2.3% if the projeoM Vage 8 of 16 cost is less than $250,000 in construction value (as stated on the 37-34""if-fibl—Mrdti. �-kirrddW exceeds $250,000, Said fitrids to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation. Maximum Reimbursement not to exceed $66,000. C. Interior Build -Out Grant - Purchaser to be reimbursed an amount up to $45,000, to be paid on a reimbursement basis within thirty (30) days of the Property receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation, consistent with the eligible items set forth in the CRA's Interior Build -out Grant Program. A $45,000 match is required by the PURCHASER. d. 211 E. Ocean Renovation Grant — Purchaser shall be reimbursed up to $200,000 to be paid on a reimbursement basis for construction costs associated with the renovation of the Property. Reimbursement process will require PURCHASER to present SELLER with copies of the final paid contractor "application for payment documenf' s and cancelled check to contractors for eligible expenses. Eligible expenses are those that are for construction of the project only. Soft costs will not be reimbursed. Reimbursement to PURCHASER shall occur within thirty (30) days of the Property receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentatiox. SELLER hereby agrees that PURCHASER is not required to apply for and fill out all C program forms applicable to each Economic Development Grant program. However, all of t rules of the grant programs must be adhered to. If the CRA Economic Development Gr programs change from the time of this Agreement and the time that the Seller accesses Economic Development Grant fiinding, the fimding amounts shall remain as stated above. 1 18.3 Develgpinent Timeline. In order to ensure that the public purpose is bC] met, the following events must be documented in writing and provided to the SELLER upoi completion of each. Time is calculated from the Effective Date. a. Submission of Major Site Plan documents to the City of Boynton Beach within Forty -Five days after the expiration of the Feasibility Period or Forty -Five Days after the final approval of the design and site plan by the CRA as set forth in Paragraph 18. 1, whichever is later. bSubmission of Construction Permit Application to the City of Boynton Beach within ninety (90) days of the Major Site Plan approval date (if applicable). womofty'"MMUMM30 W Page 9 of 16 C. Commencement of construction within sixty (60) days of the Building Permit approval date. d. Certificate of Occupancy to be provided within Two Hundred Forty (240) days from the Commencement of Construction Date, unless extended do to a force majeure, circumstances beyond the Purchaser's control and approved by SELLER, or extended as otherwise permitted in this Agreement. 19. PROPERTY REVERTER CLAUSE. The deed of conveyance shall contain a reverter clause that shall run with the Property, requiring the Property to be reconveyed to SELLER by quit claim deed should either of the following occur: 1) PURCHASER defaults in not timely constructing the restaurant per Section 18.3 unless, pursuant to Section 15 or Paragraph 18.3(d), both parties agree to extend the time to construct the restaurant due to circumstances beyond the PURCHASERS control; or 2) the Property ceases to be used, for a y.eriod of nine months, for a CRA ay-etr�� which approval will not be unreasonable withheld) as the same may be amended from time to time. In the event the SELLER exercises its right to reverter as a result of the Property failing to be used for an approved CRA use for a period of nine months, SELLER shall reimburse PURCHASER the fair market value of the property, as determined by an independent third party appraisal. In addition, PURCHASER shall execute a Teverter agreement in the form set forth on Exhibit "B". 20. TERMINATION OF AGREEMENT. If the timeline outlined in Section 18.3 above is not strictly met, and PURCHASER has not provided SELLER with a written notification as to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same, then the Property shall automatically revert back to the SELLER, this Agreement shall be terininated, and SELLER shall be released from any and all obligations under this Agreement. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence. 21. SELLER'S FIRST RIGHT OF REFUSAL TO PURCHASE PROPERTY. PURCHASER hereby grants SELLER a right of first reffisal to purchase the Property in accordance with the te,-w.s belmir: a. If at any time, PURCHASER receives either a bona fide written offer by a willing third party to purchase all or part of the Property which PURCHASER intends to accept, or a purchase agreement which PURCHASER intends to enter into ("Offer"), PURCHASER shall give written notice to SELLER at the address provided below accompanied by a copy of such Offer at least thirty (30) days before the date of contemplated sale. ONAWMA I UR a tqwld 1 0 ft■ Page 10 of 16 the Property shall be confirmed by an independent appraisal agreeable to both the SELLER ane, [be PURCHASER, SELLER fails to exercise its Right of First Refusal within the time stat above, the Right of First Refusal shall have no more force and effect. d. Within five (5) days after the effective date (the date of complete execution delivery of a Purchase Agreement), SELLER shall deposit with PURCHASER ten percent (101 of the Purchase Price as Ernest Money. If the sale is closed, the Ernest money shall be appli toward the Purchase Price. If SELLER decides not to purchase Property in violation of Purchase Agreement, PURCHASER shall retain the Ernest Money and shall be free to retain convey the property in his sole discretion. e. The parties understand and agree that the intent of this Right of First Refus retained by SELLER is to ensure the Property is maintained and operated in the mann described in paragraph 2 above and protective of the grants provided in subparagraph 18.2. Th provision is not intended and will not be exercised to prevent PURCHASER from subsequent conveying the Property to a third party otherwise meeting the criteria and obligations set forth 1 this Agreement. f. The Right of First Refusal as set forth in this Paragraph 21 shall automatical expire three (3) years from the date of the issuance of the Certificate of Occupancy. 22. MISCELLANEOUS, 22.1 General. This Agreement, and any amendment hereto, may be executed any number of counterparts, each of which shall be deemed to be an original and all of whi shall, together, constitute one and the same instrument. The section and paragraph headin herein contained are for the purposes of identification only and shall not be considered construing this Agreement. Reference to a Section shall be deemed to be a reference to the enti i Section, unless otherwise specified, No modification or amendment of this Agreement shall of any force or effect unless in writing executed by Parties. This Agreement sets forth the en agreement between the Parties relating to the Property and all subject matter herein supersedes all prior and contemporaneous negotiations, understandings and agreements, wri ttt-. or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arisin out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach Coun Florida, or, should any cause of action be limited to federal jurisdiction only, in the United Stat% Vistrict Court for the Southern District Court of Florida. 22.2 Cgmputation 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 conu-nencing with the Effective Date shall not include the Effective N W75AFMA-VINTM Page I I of 16 lkk�l MMM MMIM 22.3 Waiver, Neither the failure of a party to insist upon a strict performan of ing of the ter, is. covenants,,-Weements and conditions hereoff, nor the acce�darii of any item by a party with knowledge of a breach of this Agreement by the other party in performance of their respective obligations hereunder, shall be deemed a waiver of any rights remedies that a party may have or a waiver of any subsequent breach or default in any of su terms, provisions, covenants, agreements or conditions. This paragraph shall survive terminati of this Agreement and the Closing. I 22.4 Construction. of Ageement. The Parties to this Agreement, t ou I' counsel, have participated freely in the negotiation and preparation hereof. Neither th Al_w&enient nor aWA amendment hereto shall be more strictlo construed agjnsLa%,A of the Partite As used in this Agreement, or any amendment hereto, the masculine shall include the feminin the singular shall include the plural, and the plural shall include the singular, as the context in require. Provisions of this Agreement that expressly provide that they survive the Closing sh not merge into the Deed. I 22.5 Severabilfty. if any provision of this Agreement or the applicati trrf all- fboTr a, -td to a-wX gjjajj;k �'*r jingr M-1 MMMMIF MMOWIME9161111M I 111I111`IIII'I #1 4if4201M 22.7 Waiver of JM Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or 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. 22.8 AttornUs 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 i party. 22.10 Recordine. This Agreement may be recorded in the Public Records of Pah-n Beach County, Florida. Page 12 of 16 22.12 SELLER Attornevs' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by QELLER in connection with the transaction contemplated by this Agreement. 22.13 Public Records. SELLER is public agency subject to Chapter I 19, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. a. 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 Agre-- ! _ e he intent of PURCHASER to assign this Agreement, and all the right - and obligations thereunder, to an entity in which PURCHASER maintain& -e majority interest, to which SELLER hereby approves. Page 13 of 16 Vw R LOCAL DEV CO, LLC AND/OR ASSIGNS; By: Print Name: Title, Date: SELLER BOYNTON EACH COMMUNITY REDEVELOMENT AGENCY By: Print Name: Jerry Taylor Title: Chair Date: Witnesses: MMU *zIrks :f2# "IE ?d.«f2: « cm�«»w<+ Page 13 of 16 RM %1� ?#23? #?2 2#.222 f #<#± + « <f?■? ©>fz»z<? « 2z «© »wWMIM- Iq w r"(? 2ly 91� M, ##2IfiIIi ?02# \ l22 K ! 2\101 UJUTl mMEMO Date: $f qz < . . Witness Exhibit "I Legal Description /#\}\& 14, t}#?\ / ORIGINAL TOWN OFBOYN TON BEACH, according to he Plat thereof, ^f?+£¥f¥ in Plat B«#\ 1, Page ©\. of the Public Records of Palm Beach County,Florida 11121 111 ;11 ;1�1 pig 1 1� 111 li�11!1!1��l��ll��illi�"I IIIII VVIIIIIIII401 This REVERTER AGREEMENT is to as of this day of 2015 by and between the Boynton Beach Community Redevelopment Agency (the "SELLER") and Local Dev Co, LLC, having an address of - ---------------------------- -, ----------------------------- I - ------ — ---------- (the "PURCHASER"). kPage 15 of 16 A. The 1 SELLER has Lconveyed to PURCHASER # f 1w certain 1 vxl estate ! w on Exhibit "A" attached hereto (the "Property") pursuant to a Deed of even yate herewith between the SELLERand Irt.. B. The PURCHASER has agreed to construct certain Improvements on the Property in accordancewith the guidelines x ,R criteria set forthon Purchase1 Developmeni. Agreement. C. The Deed shall provide that if the PURCHASER does not construct the F,raprovements as set forth in this Agreement, then the Property shall revert to the SELLER. D. Further,- provide that if the PURCH completed facilities operational for any nine month period and/or if the Property is not used for CRA approved use (the approval of which shall not be unreasonably withheld), the Prope shallrevert to the SELLER. NOW THEREFORE, in consideration of _ transferof Property PURCHASER and other consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: PURCHASER construction of the Improvements in accordance with the terms of the Purchase and Develo,rme"A eement attached hereto rx 1- event the Irnprovementsare not completed by the Completion Date (unless extended pursuant to the terms of the Purchase and Development Agreement), the Property shall revert to ► thereafter become fee simple real estate owned by the SELLER. warrantyWithin 30 days of the written request of the SELLER, the PURCHASER will provide a general deed 1 Property in form an! substance acceptable to the SELLER evidencing reconveyance of the Property. 3. During the construction of the Improvements, PURCHASER will not place any additional liens or encumbrances on the Property except as consented to by the SELLER. In that regard, the SELLER agrees not to unreasonably withhold its consent to any construction loan financed with a commercial bank or similar lender intended to fund the construction ad development of the Improvements.an Page 16 of 16 uses as set forth in Exhibit "Cor as approved by the CRA, remain open for business duti normal business hours and for not less than 40 hours a week. Failure to do so for any nine mo ■ period shall authorize the SELLER to exercise the reverter provision within the Deed. Shou the SELLER exercise this right by providing 30 days written notice to PURCHASER, it wi reiI1 urse PURCHASER the fair market value of the property, as determined by an independe third party appraisal. Thereafter, PURCHASER will provide a general warranty deed to t Property in form and substance acceptable to the SELLER evidencing the reconveyance of t Prop erty to SELLER. This reverter provision shall automatically expire ten years from Pffectivc Date of the Agreement. This Agreement shall be binding upon -the parties hereto and shall be binding upon and inure to the benefit of their successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement may only be modified or amended by a written agreement signed authorized representatives of the parties hereto. I Local Dev Co,, LLC and/or assigns; ......... print Na"me 4,' j4A1,&Yj-, Title: . ... . Nair ie: By: I Ta r, Ch r �T i September 20, 2017 Thomas F. Carney, Esquire Carney Stanton, P.L. 135 S.E. 5th Avenue, Suite 202 Delray Beach, Florida 33483 Re: Boynton Beach Community Redevelopment Agency s/t to Shovel Ready Projects, LLC Dear Mr. Carney: Attorneys at Law Ilw-law.com Reply To: West Palm Beach As you are aware, this Firm represents the Boynton Beach Community Redevelopment Agency ("CRA") with regard to the above referenced transaction. Pursuant to the terms of the Purchase and Development Agreement (having an Effective Date of October 5, 2015) your client had post -closing obligations to timely develop the property. Specifically, the provisions of paragraph 18 of the Agreement set forth a development timeline intended to ensure the timely construction of the project and in turn provide your client certain grant incentives and funding if they are achieved. Please accept this correspondence as notice that the CRA does not believe that these development timelines are being achieved. While it is understood that a building application was submitted consistent with the Second Addendum of the Agreement, there appears to be no permitting activity since early May, 2017. Note that implicit in the financial incentive and development provisions of the Agreement is a requirement that your client diligently and in good faith respond to all requests for additional information or other inquiries from the City and other regulatory agencies. Please note that failure to do so constitutes a breach under the Agreement allowing my client the opportunity to pursue its available remedies, including the right to exercise its right of reverter as set forth in Paragraph 19 of the Agreement. 1IT.Ta WIT,nTrr 245 Riverside Ave., Suite 150 Jacksonville, Florida 32202 T: 904.353.6410 F: 904.3E�&9c$*9 )i 315 South Calhoun St., Suite 830 Tallahassee, Florida 32301 T. 850.222.5702 F: 850.224.9242 101 Riverfront Blvd., Suite 620 Bradenton, Florida 34205 T: 941.708.40140 F: 941.708.4024 See Things Differently' WEST PALM BEACH 515 North Flagler Dr., Suite 1500 West Palm Beach. Florida 33401 T: 561.640.0820 F: 561 .640.8202 Thomas F. Carney, Esquire September 20, 2017 Page 2 The CRA supports your project and understands the intricacies and potential delays that can occur during the development process — timely completion of this project, however, remains a priority. I look forward to working with you in resolving the above. Sincerely, Kenneth Dodge KWD/jlb c: Mike Simon, BBCRA T. Utterback, BBCRA T. Shutt, BBCRA 00870590-1 The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISION 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 FAX: 561-742-6357 www.boynton-beach.org PLAN REVIEW COMMENTS PERMIT NUMBER: 16-00004870 APPLICATION DATE: December 5, 2016 APPLICATION TYPE: ADDITION COMM ADDRESS: 211 E OCEAN AVE BB OWNER: BOYNTON BEACH CRA CONTRACTOR: THOMASEVICH CONSTRUCTION INC ................................................ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Dear Applicant: We appreciate your recent submittal to the Building Division. Here in the City of Boynton Beach we pride ourselves on providing excellent customer service. You will find that City Staff are willing and able to assist you in any way possible to facilitate a quick and efficient permitting process. Attached below are the comments from our recent review of your submittal that do not meet the minimum code requirements according to the 2014 Florida Building Codes. At your earliest convenience, please review the comments as outlined by each plan reviewer. If you have a question, need clarification, or would like to discuss alternate solutions to the comments, please contact the individual plan review trades noted below. Structural: 561-742-6354 Electrical: 561-742-6758 Mechanical/Plumbing: 561-742-6375 Fire: 561-742-6753 Planning & Zoning: 561-742-6260 Engineering: 561-742-6980 As a courtesy to our customers, we do offer face to face appointments with individual or a group of plan reviewers to help expedite the resubmittal of plans and issuance of permits. In closing, I believe our staff provides a superior level of customer service unmatched by any building department in the County. By partnering with you as the applicant, and working together as a team, we will exhaust any and all possibilities to help you obtain your permit in the fastest and most efficient way possible. Our team looks forward to working with you on your current and any future projects. If you have any questions or concerns, I can be reached at (561) 742.6350. Thank you. Shane Kittendorf, CBA, CFM, CRS Coordinator Building Official 12/8/2017 REVISION 000, PLANNING & ZONING REVIEW Review Date: December 8, 2016 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: HATCHER, KATIE December 8, 2016 2:03:58 PM byb2kdz. THE BUILDING ELEVATIONS IN THE PERMIT PLANS DO NOT MATCH THE CITY COMMISSION APPROVED BUILDING ELEVATIONS. EXTERIOR MODIFICATIONS TO THE APPROVED BUILDING ELEVATIONS WILL REQUIRE A MINOR SITE PLAN MODIFICATION (MMSP) APPROVAL FROM P&Z PRIOR TO PERMIT. PLEASE CONTACT ED BREESE, PRINCIPAL PLANNER, AT 561-742-6262 FOR DETAILS OF MMSP PROCESS. REVISION 000, ELECTRICAL REVIEW Review Date: December 7, 2016 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: POPESCU, ADRIAN (CAP) December 7, 2016 1:15:12 PM byb2cap. 1) MISSING ELECTRICAL PERMIT APPLICATION - FBC 105.1 2) MISSING SIGNED CONTRACT WITH VALUE - FBC 109.3 3) IDENTIFY AVAILABLE FAULT CURRENT AT SECONDARY OF UTILITY TRANSFORMER - NEC 110.9 & 110.10. REVISION 000, ELECTRICAL REVIEW Review Date: May 1, 2017 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: PICA, ANTHONY May 1, 2017 2:39:46 PM byb2anp. NEED ELECTRICAL CONTRACTOR TO SUBMIT PERMIT APPLICATION. HE NEEDS TO INCLUDE HIS SCOPE OF WORK AND COST, THIS IS 2ND REQUEST, FBC 105. 1, FS 489 REVISION 000, PLUMBING REVIEW Review Date: January 19, 2017 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: BAKER, JAMES P, CAP January 19, 2017 2:06:24 PM byb2jpb. 12/8/2017 2 1. Plumbing contractor shall submit plumbing permit application including scope of work and value, 2014 FBC 105.1, 109.3, Florida Statutes 489. 2. Please provide the type of gas piping and piping lengths/dimensions and valves on the isometric and also the criteria for sizing the piping. REVISION 000, PLUMBING REVIEW Review Date: April 21, 2017 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: BAKER, JAMES P, CAP April 21, 2017 10:14:01 AM byb2jpb. Plumbing Jim Baker 2nd submittal review comments 16 4870 For expeditious review, please provide comment/response letter with next submittal. In other words, repeat each of my comments with your response directly below the comment. For any revisions to previously submitted drawings or sketches, draw a cloud around the change regardless of whether you are changing the original drawing, or deleting something from it, provide a triangle with a revision number, and document it with a note as to exactly what the revision is on the drawing. 1. Plumbing contractor shall submit plumbing permit application including scope of work and value, 2014 FBC 105.1, 109.3, Florida Statutes 489. 2. Please provide the type of gas piping and piping lengths/dimensions and valves on the isometric and also the criteria for sizing the piping. 12/8/2017 3 This is the second review and these comments were not addressed in a comment/response letter. REVISION 000, MECHANICAL REVIEW Review Date: January 19, 2017 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: BAKER, JAMES P, CAP January 19, 2017 1:56:53 PM byb2jpb. 1. Method to be use to comply with C401.2 FBC Energy. Provide energy calculations. 2. Mechanical contractor shall submit mechanical permit application including scope of work and value, 2014 FBC 105.1, 109.3, Florida Statutes 489. 3. 2014 FMC -SECTION 301.15 Wind resistance. Mechanical equipment, appliances and supports that are exposed to wind shall be designed and installed to resist the wind pressures determined in accordance with the Florida Building Code. Either provide Florida approval or NOA number cover sheet, installation details and approval letter or provide two original signed and sealed engineered documents for tie down. The tiedowns shown on your drawings state that they comply with the 2010 FBC and the NOA numbers are illegible. Please provide current valid NOA numbers or provide signed and sealed tie down details for all equipment located outside building. 4. Please clarify what M6.2 is showing? 5. Provide kitchen hood and design for cooking area as required by code. 12/8/2017 4 REVISION 000, MECHANICAL REVIEW Review Date: April 21, 2017 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: BAKER, JAMES P, CAP April 21, 2017 10:08:08 AM byb2jpb. Mechanical Jim Baker 1 st submittal review comments 16 4870 For expeditious review, please provide comment/response letter with next submittal. In other words, repeat each of my comments with your response directly below the comment. For any revisions to previously submitted drawings or sketches, draw a cloud around the change regardless of whether you are changing the original drawing, or deleting something from it, provide a triangle with a revision number, and document it with a note as to exactly what the revision is on the drawing. 1. Mechanical contractor shall submit mechanical permit application including scope of work and value, 2014 FBC 105.1, 109.3, Florida Statutes 489. 2. 2014 FMC -SECTION 301.15 Wind resistance. Mechanical equipment, appliances and supports that are exposed to wind shall be designed and installed to resist the wind pressures determined in accordance with the Florida Building Code. Either provide Florida approval or NOA number cover sheet, installation details and approval letter or provide two original signed and sealed engineered documents for tie down. The tiedowns shown on your drawings state that they comply with the 2010 FBC and the NOA numbers are illegible. Please provide current valid NOA numbers or provide signed and sealed tie down details for all equipment located outside 12/8/2017 5 building. 3. Please clarify what M6.2 is showing? 4. Provide kitchen hood and design for cooking area as required by code. This is the second review and these comments were not addressed in a comment/response letter and seem to have been overlooked except for energy calculations. REVISION 000, STRUCTURAL REVIEW Review Date: January 17, 2017 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: GREGORCHIK, MIKE January 17, 2017 7:58:17 AM byb2mjg. All reviews are complete reviews based on the information provided please provide a narrative response. Addressing each item listed below; Explaining how the item was address and where to locate that information. Revision to the plans shall be clouded & identified Thank -you 1)109.3 BBA to FBC 14 & 489.127(4)(c) FS. A bona fide signed contract required to determined permit value. 2) 1206.1 FBC 14 Existing: Investigation and evaluation report. An historic building undergoing alteration or change of occupancy shall be investigated and evaluated. If it is intended that the building meet the requirements of this chapter, a written report shall be prepared and filed with the building official by a Florida -registered architect or engineer. 3)1803 .1 FBC 14 : A geotechnical investigation is required. 4) Classification of work page A01 Please add to Alteration level 3 that this is also ; a) Change of occupancy: chapter 10 FBC 14 existing 12/8/2017 6 b) Addition; chapter 11 FBC 10 existing. 5) Provide method to be used to comply with 903.2.1.2 FBC 14 Automatic sprinkler system required. 6) Interior finishes to comply with 801 FBC 14. 7) Access to equipment on roof top. 1509.6.4 FBC 14 . 8) Vertical accessible access to 2nd fl. 202.1.1 Note on plans states no public access but the occupant load is not noted. The 2nd fl. Occupant loads should also be noted on the life safety plan. 9) Please add statement to plans if you will be requiring concrete testing per 26.12.2 ACI 318 Frequency of testing. Testing not required if less than 50 cubic yards 26.12.2 (c). 10) Method to be use to comply with C401.2 FBC Energy. 11) Exterior wall detail Page A82 call for wire lath on masonry with TTY roll on water proofing ? Provide specs detail/wall cut for this application. 12)107.2.1.2 BBA to FBC 14 Additional date required: a)Signed & sealed truss engineering & layout b) Doors/windows; Product approvals. c) Roof covering; Product approval All submittal shall be stamped review by design professional of recorded. REVISION 000, STRUCTURAL REVIEW Review Date: April 21, 2017 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: GREGORCHIK, MIKE April 21, 2017 9:32:26 AM byb2mjg. April 19, 2017 9:23:44 AM byb2mjg. Permit #16-4870 Review #2nd Submittal # 1 Michael Gregorchik (561)742-6663 gregorchikm@bbfl.us - All reviews are complete reviews based on the information provided please provide a narrative response. Addressing each item listed below; Explaining how the item was address and where to locate that information. 12/8/2017 7 Revision to the plans shall be clouded & identified Thank-you 107.2.1.2 BBA to FBC 14 Additional data required, Comments not address from 1st review; 1) GC to provide contract. Not in file. 2) Structural report you submitted shall be original signed & sealed. 3) Geotechnical investigation required. 4) Add statement to plans that automatic sprinkler to be permitted separate. Remove General notes 3, 4, & 5 life safety plan. Notes state that if sprinklers are provided. 5) Provide details for new roof hatch & product approval. Will a permanent ladder be installed? 6) For clarification, Please provide code sections that allow for vertical access to the 2nd floor not to be required. 201.1.1 (3) FBC 14 accessibility code. Back up by table 1004.1.2 FBC 14. Square footage & occupant load for room 204 not provided 7) Item #12 (1st review comment) These items may be submitted after permitting, but before installation. As follows 107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them 12/8/2017 8 and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. April 21, 2017 9:06:35 AM byb2mjg. REVISION 000, FIRE REVIEW Review Date: January 4, 2017 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: LEJEUNE, JAKE R/FIRE January 4, 2017 12:59:14 PM byb2jrl2. FIRE DEPT. 1 ST REVIEW 1. PLEASE PROVIDE THE NEAREST FIRE HYDRANT WITHIN THE REQUIRED 200 FEET OF THE FACILITY AS REQUESTED IN DART MEETING ON WATER AND SEWER PLANS. 2. PLEASE PROVIDE PANIC HARDWARE ON ALL REQUIRED EXIT DOORS AND DOORS IN THE MEANS OF EGRESS THAT HAVE A LOCK OR LATCH PER 2012 EDITION OF NFPA 101. 3. PLEASE PROVIDE EXIT SIGNS ON SHEET E2.1 PER 2012 EDITION OF NFPA 101. 4. PLEASE PROVIDE A FIRE EXTINGUISHER ON THE 2ND FLOOR. 5. PLEASE PROVIDE THE TYPE OF GAS PIPING AND PIPING LENGTHS/DIMENSIONS ON THE GAS ISOMETRIC AND ALSO THE TABLES USED FOR SIZING GAS PIPING. 6. PLEASE ACKNOWLEDGE THAT THE HOOD AND FIRE SUPPRESSION SHALL BE DONE UNDER A SEPARATE PERMIT. ALSO, PROVIDE THE 12/8/2017 9 KITCHEN HOOD ON THE EQUIPMENT PLAN. REVISION 000, FIRE REVIEW Review Date: April 24, 2017 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: LEJEUNE, JAKE R/FIRE April 24, 2017 7:18:00 AM byb2jrl2. FIRE DEPT. 2ND REVIEW 1. PREVIOUS COMMENT STILL EXISTS: 1. PLEASE PROVIDE THE NEAREST FIRE HYDRANT WITHIN THE REQUIRED 200 FEET OF THE FACILITY AS REQUESTED IN DART MEETING ON WATER AND SEWER PLANS. 2. PLEASE PROVIDE EXIT SIGNS OVER THE EXITS ON THE ELECTRICAL LIGHTING PLAN. 3. PLEASE PROVIDE THE TYPE OF FUEL GAS PIPING ON THE PLAN TO BE USED, NOT JUST THE TABLE BEING USED. 4. SHEET 4.1 INDICATES THE REFRIGERATOR, SHORTY, K7 WILL BE GAS. PLEASE CORRECT AND INDICATE THE GRIDDLE, K7.1. ALSO, CORRECT THE GAS ISOMETRIC DRAWING WITH K7.1. REVISION 000, ENGINEERING REVIEW Review Date: January 25, 2017 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: LAFONTANT, FRANTZ REVISION 000, ENGINEERING REVIEW Review Date: May 3, 2017 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: LAFONTANT, FRANTZ May 3, 2017 10:43:38 AM byb2fxl. Conditions of approval items are still not addressed: 1)Add note to plan to clarify that the existing concrete 12/8/2017 10 driveway will be removed and regraded to match existing sidewalk and refer to saw cut detail on Sheet C2. 2)Condition of approval item 2:" to provide a mi of turning radius of 55 ft to dumpster approach" is still not addressed. 3)provide drainage calculation to support the retention storage of the exfiltration trench system. a) On sheet C-1, revise the drainage flow arrows from uphill directional flow pattern at the west entry drive.(ex. 15.78 to 16.20) b)show an baffle barrier for the exfiltration trench system with details. 4) pavement marking with signage is required to show ingress -egress access to site. 5) show the alley improvements as per Conditions of Approval item 5. 6) Clarify if guy wire from the SE 1 st Street will be relocated and provide copy of the cross access agreement for the westerly lot. 7) Contact Utilities Department directly at 561.742.6400 for questions regarding W/S improvements to the site. REVISION 000, UTILITIES REVIEW Review Date: May 3, 2017 Review Result: NOT APPROVED/SEE COMMENTS Reviewed By: LAFONTANT, FRANTZ May 3, 2017 11:42:00 AM byb2fxl. Comply with the Plumbing Plan Reviewer comments prior to the Utilities plan review and/or approval. 12/8/2017 11 ATTACHMENT IV (M. Simon letter to Shovel Ready Projects, LLC) December 15, 2017 Steve Labov, Manager Shovel Ready Projects, LLC 630 North 3rd Street Philadelphia, PA 19123 RE: 211 E. Ocean Avenue Project, Boynton Beach Florida - Permit Approval Process Dear Mr. Labov: At the direction of the Board of the Boynton Beach Community Redevelopment Agency (CRA) given at their December 12, 2017 meeting, this letter is being sent as a formal request for the timely submission of your responses to the architectural and permit review comments as reviewed on November 9, 2017, by your development team and the City's Building Department staff. The CRA Board believes that given the amount of time since the November 9th meeting, expecting submission of these responses to the City by December 21, 2017, is fair and reasonable. It is our sincere hope that this project will move forward expeditiously under your ownership and is able to benefit from the redevelopment growth occurring within the CRA district. If we can be of any assistance to you during the permit approval process, please do not hesitate to contact me directly. Sincerely, Michael Simon Executive Director cc: Thuy Shut, Assistant Director, Boynton Beach CRA Tara Duhy, CRA Legal Counsel, Lewis, Longman & Walker, P.A. Jim Williams, AIA, Principal, AW Architects 710 N. Federal Highway, Boynton Beach, FL 33435 Office: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.com ATTACHMENT IV (Shovel Ready Projects, LLC response letter) 0 Shovel Ready Projects 630 N. 3rd St, Philadelphia, PA 19123 215.592.7777 www.shovelreadyprolects.us December 20, 210 17 Michael Simon. Executive Director Bovnton Beach CRA 7101 N. Federal Highway Boynton Beach, FL 33435 RE 211 E. Ocean Avenue Prqiect Permit Approval Process Dear Mr. Simon, Your letter of December 15., 2017 caught us by complete surprise. We are moving forward as expeditiously as the permitting process in Boynton Beach will allow. Your expectation of our ability to respond does not take into account the magnitude of the issues involved. In fact, we have responded to the items for which responses were possible and appropriate without redesigning the project. it is my understanding that we are waiting tbr the City's decision as to which of their examiners will be moving forward with this project. I am also awaiting a letter from Jim Williams, our architect, as to what we will need to do to move forward depending on the City's decision. We will, of course, keep you informed as to what is happening with the City and what we will need to do to move fbi-ward. SincerelY. Steve Labov From: Simon, Michael To: Nicklien, Bonnie Subject: FW: 211 E Ocean Ave Date: Thursday, January 04, 2018 11:11:37 AM Attachments: imaae008.pna imaae009.12na imaae010.pna imaae011.pna imaae012.pna 16-4870 - 211 E Ocean Ave Comments.htm imaae380184.pna imaae783213.12na imaae455143.pna imaae518298.12na imaae128365.pna imaae425597.12na M rchaeV Surnon, C.R.A., U...RES Exec uflve Mrector Boynton Beach Cornrnunrty RedevOoprnent Agency 1.0 N. V-ederaV Hwy. Boynton Beach, HorHa 33435 561.-600-0001. JEj 561-737-3258 Sur:roroM@bbfl.us B-oU:tP://ww .catc:-oboyroUoro.cor:i America's Gateway to the Gulfstream Hease be advsed that HorHa has a broad pubhc rewards Vag° and aH correspondence to me Grua ernaH may be subject to &sc Vosure.Under HorHa records Vary°, erna l addresses are pubhc rewards. -therefore, your e- rnaH cornrnurfl aU. on and your e- rnaH address may be subject to pubhc d'usc Vosure. From: Kittendorf, Shane Sent: Thursday, January 4, 2018 9:14 AM To: Jim Williams <jwilliams@awarchs.com>; Peter, Michael <PeterM@bbfl.us>; Kuntzman, John <KuntzmanJ@bbfl.us>; Stokes, Tia <StokesT@bbfl.us> Cc: Simon, Michael <SimonM@bbfl.us>; Mack, Andrew <MackA@bbfl.us> Subject: RE: 211 E Ocean Ave I hope you had a good New Year. I have reviewed the plan review teams previous and current comments for 211 E. Ocean ave. It is my position after review the Michael Peter's review comments needs to be addressed along with the other reviewers comments. Based on my review of the comments there were still outstanding comments from the previous reviewer that Mr. Peter has elaborated upon. Mr. Peter's comments are detailed in a manner to better assist with the your team's review and response for compliance. I read the engineers letter for the live load conditions and found it in noncompliance to the code. To just post a sign does not meet the intent for code compliance. Attached are the latest comments for your reference. Please review and address the comments, include a narrative response. All responses need to address the intent of the code. Provide the calculations. Provide the methodology behind your interpretation to compliance of the code. We will be more than happy to assist with any questions you may have, but first review and come to the table prepared to discuss. Thank You in Shane Utendorf Development/ BuHdhu g Offlclal Development, B: Hffing Gty of Boynton Beach 1.00 F. Boynton Beach Blvd. � Boynton Beach, Florlda 33435 561-742-6-35) f i KuttendorfS bbfl.us http:ZZwww.boynton- beach .or-/ America's Gateway to the Gulfstream Please be advised that Florida has a broad pubhc records law and all correspondence to me via email may be subject to dlsclosure.Under Floruda records law, email addresses are pubHc records. -I herefore, your e- mall communlcatlon and your e- mall address may be subject to pubhc dlsclosure. From: Kittendorf, Shane Sent: Wednesday, December 20, 2017 7:46 PM To: Jim Williams <iwiIlia ms@awarchs.com>; Peter, Michael <PeterM@bbfl.us>; Kuntzman, John <KuntzmanJna bbfl.us>; Stokes, Tia <StokesTna bbfl.us> Cc: Simon, Michael <SimonM@bbfl.us>; Mack, Andrew <MackA@bbfl.us> Subject: Re: 211 E Ocean Ave Hey Jim, We can talk to tomorrow. Sent from my Sprint Samsung Galaxy Notes. -------- Original message -------- From: Jim Williams <iwilliams4awarchs.com> Date: 12/20/17 5:08 PM (GMT -05:00) To: "Kittendorf, Shane" <KittendorfSnbbfl.us>, "Peter, Michael" <PeterM _,bbfl.us>, "Kuntzman, John" <KuntzmanJabbfl.uS>, "Stokes, Tia" <StokeST4,,bbfl.uS> Cc: "Simon, Michael" <SimonM bbfl.us> "Mack Andrew" <MackA bbfl.us> Subject: RE: 211 E Ocean Ave Shane, Following our meetings with all of your reviewers for the above project the only review comments we have questions about are those of Michael Peter. Can you call me to discuss. James R. Williams, AIA, tO'• I Principal AW Architects 7700 Congress Ave., Suite 1114 1 Boca Raton, Florida 133487 From: Kittendorf, Shane [mailto:KittendorfSna bbfl.us] Sent: Wednesday, December 20, 2017 4:11 PM To: Jim Williams <iwiIlia msna awarchs.com>; Peter, Michael <PeterMna bbfl.us>; Kuntzman, John <KuntzmanJna bbfl.us>; Stokes, Tia <StokesTna bbfl.us> Cc: Simon, Michael <SimonMna bbfl.us>; Mack, Andrew <MackAna bbfl.us> Subject: Re: 211 E Ocean Ave Good Evening Jim, I just read an email from CRA Director Michael Simon stating you were waiting my response to which plan reviewer to follow. Please follow the plan review performed by Michael Peter. If you have any questions about his review or disagree with his findings we can talk. If the information provided follows the code intent. Let's address the items, so we can move this project forward. Thank you Sent from my Sprint Samsung Galaxy Note5. Shane Klttendorf DevOopment/ P;u H ing Offlclal DevOopment, P;uHffing Gty of Boynton Beach 1.00 F. Boynton Beach U3 vd. � Boynton Beach, F= orlda 33435 561-742-6-35) I KuttendorfS bb6V.us http:ZZ� .boy neon bear:h.or % America's Gateway to the Gulfstream Please be adv sed that F= oruda has a broad public records law and all correspondence to me va email may be subject to dusclosure. Under F= oruda records law, email addresses are public records. V herefore, your e- maul communucatuon and your e- maul address may be subject to public d&s osure. - Original message -------- From: "Kittendorf, Shane" <KittendorfSna bbfl.us> Date: 12/7/17 7:13 PM (GMT -05:00) To: iwiIlia msna awarchs.com, "Peter, Michael" <PeterMna bbfl.us>, "Kuntzman, John" <KuntzmanJna bbfl.us>, "Stokes, Tia" <StokesTna bbfl.us> Subject: 211 E Ocean Ave Good Evening Jim, I was wondering how the plans for the 211 E Ocean Ave Project are coming along. Do you have an ETA for the resubmittal of the corrections. Thanks Sent from my Sprint Samsung Galaxy Note5. 211 E Ocean Ave Permit 16-4870 Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, ECM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM Jan 4, 2018 -1- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order Z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM Plan Tracking Plan Plan Tracking Plan Plane Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step 10/24/2017 0 G 2 NOT identification APPROVED/SEE 1.005 numbers at the exterior of COMMENTS the unit. 1-10.12.1 1.006 3) A Series- Provide notes/details requiring a fire 1.007 department access box (Knox Box) at the front entry. 1.008 1-18.2.2.1 1.009 4) A Series- Provide for the installation of tactile exit 1.010 signs at each exit door requiring an exit sign. 1.011 101-7.10.1.3; FBC-A 216.4 1.012 5) A Series Provide notes and detail for the required sign 1.013 to be posted for buildings utilizing light -frame truss - type 1.014 construction. 69A-3.012 F.A.0 1.015 6) The previous comment regarding the proximity of a fire 1.016 hydrant to this building remains open. 1-18.3.1 An approved 1.017 water supply capable of supplying the required fire flow for 1.018 fire protection shall be provided to all premises upon which 1.019 facilities, buildings, or portions of buildings are 1.020 hereafter constructed or moved into the jurisdiction. The 3an 4, 2018 -2- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM ilil jli'll 1 111 Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step 10/24/2017 0 G 2 NOT 1.021 approved water supply shall APPROVED/SEE be in accordance with COMMENTS Section 1.022 18.4. The number and type of fire hydrants and connections 1.023 to other approved water supplies shall be capable of 1.024 delivering the required fire flow and shall be provided at 1.025 approved locations. 1-18.3.1, 18.5.1 1.026 7) Sheets C-1, PP -1 -The proposed site/landscape plan blocks 1.027 fire department access to the perimeter of the building. 1.028 Fire department access shall be provided such that any 1.029 portion of the facility or any portion of an exterior wall 1.030 of the first story of the building is located not more than 1.031 150 ft. from fire department access roads as measured by an 1.032 approved route around the exterior of the building or 1.033 facility. 1-18.2.3.2.2, 18-2.3.4.1.1 1.034 8) Sheet C-1- The fire department access road at the alley 1.035 does not extend to the east side of the building to provide 1.036 full access to the perimeter 3an 4, 2018 -3- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM ilil jli'll 1 111 Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step 10/24/2017 0 G 2 NOT of the building. Dead-end APPROVED/SEE fire COMMENTS 1.037 department access roads in excess of 150 ft. in length shall 1.038 be provided with approved provisions for the fire apparatus 1.039 to turn around. Or provide for continuation to easterly 1.040 a I I ey. 1- 18.2.3.4.4 1.041 9) Sheet A04- The plans do not show fire separations between 1.042 the second floor occupancies and the first floor. Egress 1.043 from the second floor passes through the first floor 1.044 occupancy. As such, both floors of the building are 1.045 regulated as an assembly occupancy. 101-6.1.14 1.046 10) Sheet A04- Fire sprinklers required. The code analysis 1.047 describes the building as type IIIB per the Building Code. 1.048 Sheet 06 does not identify the construction materials of the 1.049 existing building. If the building complies with the 1.050 requirements of IIIB, it matches type 111 (200) in the FFPC. 1.051 This type of construction is prohibited for a 2 -story San 4, 2018 - 4 - 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM ilil jli'll 1 111 Plan Tracking Plan Plan Tracking Plan Plane Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step 10/24/2017 0 G 2 NOT 1.052 assembly occupancy unless APPROVED/SEE fire sprinklers are installed. COMMENTS 1.053 101-12.1.6 1.054 11) A Series- Fire alarm system required. Sprinkler syste m 1.055 supervision and alarms. All valves controlling the water 1.056 supply for automatic sprinkler systems, pumps, tanks, water 1.057 levels and temperatures, critical air pressures and 1.058 waterflow switches on all sprinkler systems shall be 1.059 electrically supervised by a listed fire alarm control unit. 1.060 FBC-13 903.4, 903.4.1 1.061 12) Sheet A04- An occupant load has not been provided for 1.062 the beer garden building. 101-7.3 1.063 13) Sheet A04- An emergency light is required in the alcove 1.064 outside the restrooms. 101-7.9.2 1.065 14) Details 10/Al2, 14/Al2, etc.- Steps/stairs in the means 1.066 of egress with a total change in elevation of 21 - inches or 1.067 less must have treads a minimum of 13 -inches in depth. 1.068 Provide details/sections verifying conformance or 3an 4, 2018 -5- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, E)(M, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order Z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM ilil jli'll 1 111 Plan Tracking Plan Plan Tracking Plan Plant Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step 10/24/2017 0 G 2 NOT provide APPROVED/SEE 1.069 ramps. 101-7.1.7.2.2 COMMENTS 1.070 15) Sheet A04- The square feet indicated for various rooms 1.071 to determine occupant loads do not appear to match the 1.072 plans. Identify each occupant load as determined by net or 1.073 gross per code. Provide dimensions to the exterior of the 1.074 walls for uses requiring the use of gross areas. Provide a 1.075 plan with the inside dimensions of each space utilizing net 1.076 area. Deductions are permitted only for items listed in the 1.077 definition. Correct occupant loads as applicable. 1.078 101-3.3.21.2.1, 3.3.21.2.2, 7.3.1.2 1.079 16) Sheet A04- Note 11 concerning key locks on exterior 1.080 doors. This is only allowed as permitted in the individual 1.081 use group chapters. Assembly uses prohibit key locks on 1.082 other than a single main entry. 101-7.2.1.5.5.1, 12.2.2.2.3 1.083 17) Sheet A04- The plan shows smokers installed 3an 4, 2018 -6- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order Z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM Plan Tracking Plan Plan Tracking Plan Plane Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step 10/24/2017 0 G 2 NOT adjacent to APPROVED/SEE COMMENTS 1.084 the roofed porch. Provide product data for the smokers used 1.085 as the basis of design reflecting their listing by a 1.086 nationally recognized evaluation laboratory. Provide 1.087 manufacturers listed installation instructions complying 1.088 with NFPA 96. Cooking equipment used in fixed, mobile, or 1.089 temporary concessions, shall comply with this standard. 1.090 Supply details of hoods, vents and extinguishing systems. 1.091 1-10.19.7, 11.2.2, 50.2.1.6; 96-4.1.9, 96-14.3 3an 4, 2018 -7- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step HHG 10/27/2017 0 E 2 NOT 1.000 October 27, 2017 2:14:59 APPROVED/SEE PM byb2hhg. COMMENTS 1.001 Permit No: 16-4870 1.002 Review No: 1 Revision No: 3 1.003 1- Please provide a response letter that addresses each 1.004 comments and the response to it, also please address the 1.005 sheets of which the design was revised if there is any. The 1.006 response sheet need to be signed and sealed if it contains 1.007 engineering evaluation or 3an 4, 2018 -8- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM I i iililiiiiIN il ililli'111111111111111111m il Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step HHG 10/27/2017 0 E 2 NOT engineering statement that APPROVED/SEE 1.008 addresses any design COMMENTS components that is not on the revised 1.009 plans. (advisory) 1.010 2- Inquiries may be directed to glassh@bbfl.us. 1.011 3- The mechanical equipment layout on grade and on the roof 1.012 lacks coordination between other disciplines. Please 1.013 identify what equipment is to remain, what is to be 1.014 demolished, and what is to be provided in this project, and 1.015 coordinate throughout the project documents. 107.3 BBA to 1.016 FBC 1.017 4- There are objects shown on the second floor mechanical 1.018 plan which are not identified. Please identify that 1.019 equipment that is mechanical in nature, and detail what 1.020 scope of work will be executed as part of this project. 1.021 107.3 BBA to FBC 1.022 5- There are two fans associated with the kitchen 1.023 ventilation listed in the Air Balance Schedule that are not 3an 4, 2018 -9- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM I i iililiiiiIN jl jljlli'111111111111111111m il Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step HHG 10/27/2017 0 E 2 NOT 1.024 shown on the drawing. APPROVED/SEE Locate these fans to the COMMENTS plans. 107.3 1.025 BBA to FBC 1.026 6- A permanently mounted light fixture and the gypsum board 1.027 ceiling obstruct access to the roof for maintenance, and no 1.028 ladder is provided. Access shall not require the use of 1.029 portable ladders per 2014 FBC-Mechanical 306.5. Please 1.030 coordinate the access to the roof for maintenance of the 1.031 roof mounted mechanical equipment. 1.032 7- The shop drawings for the kitchen ventilation are 1.033 incomplete. Please provide the equipment schedule, the 1.034 equipment layout, the duct layout and specifications, and 1.035 the hoods fire suppression drawings. 107.3 BBA to FBC 3an 4, 2018 -10- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, i i MDS, i Si TILS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM Plan Tracking Plan Plan Tracking Plan Plans Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step HHG 10/27/2017 0 D 2 NOT 1.000 October 27, 2017 2:13:00 APPROVED/SEE PM byi COMMENTS 1.001 Permit No: 16-4870 1.002 Review No: 1 Revision No: 3 1.003 1- Please provide a response letter that addresses each 1.004 comments and the response to it, also please address the 1.005 sheets of which the design was revised if there is any. The 1.006 response sheet need to be signed and sealed if it contains 1.007 engineering evaluation or engineering statement that 1.008 addresses any design components that is not on the revised 1.009 plans. (advisory) 1.010 2- Inquiries may be directed to glassh@bbfl.us. 1.011 3- The first floor sanitary plan shows new storm and 1.012 condensate drain in the new west exterior wall of the 1.013 kitchen. Please verify this is the intent, and provide 1.014 details for penetrating the tie beam, the masonry wall below 1.015 grade, and the concrete footer. 2014 FBC-Plumbing 301.2 1.016 4- The first floor domestic 3an 4, 2018 - 11 - 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, i i MDS, i Si TILS At Plan Tracking Step In Date: Ascending order Z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM Plan Tracking Plan Plan Tracking Plan Plani Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform' by Code Step In Number Action Action Description Sequence Date- Path Step HHG 10/27/2017 0 D 2 NOT water plan calls out a 1-1/2 APPROVED/SEE 1.017 diameter water service, and COMMENTS sheet C-3 lists the proposed 1.018 water service as 1-1/4. Please coordinate the size of the 1.019 water service. 107.3 BBA to FBC 1.020 5- (Advisory) The gas service has not been coordinated with 1.021 the site utility designer, and is not shown on the civil 1.022 plans. Please coordinate the gas service. 107.3 BBA to FBC 1.023 6- The new sanitary drain for the second floor bathroom 1.024 will require cutting the trusses, or lowering the ceiling. 1.025 Please coordinate with the other disciplines. 2014 1.026 FBC-Plumbing 301.2 3an 4, 2018 -12- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM ji lojmijNo jl jljljlj'11111111111111111jg jl Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step MHP 11/01/2017 0 F 2 NOT Peterm@bbfl.us APPROVED/SEE 1.005 COMMENTS 1.006 1- Please provide a response letter that addresses each 1.007 comments and the response to it, also please address the 1.008 sheets of which the design was revised if there is any. The 1.009 response sheet need to be signed and sealed if it contains 1.010 engineering evaluation or engineering statement that 1.011 addresses any design components that is not on the revised 1.012 plans. (advisory) 1.013 1.014 2- Please provide a properly licensed general contractor to 1.015 apply for the master permit and properly licensed 1.016 Electrical, Mechanical, and plumbing contractors to apply 1.017 for the sub permits as required by the FS 489. 1.018 1.019 3 -Please provide a completed City of Boynton Beach asbestos 1.020 form and submit with the permit package. 1.021 1.022 3- Please provide a list of 3an 4, 2018 -13- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM lojmijNo il ilil Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step MHP 11/01/2017 0 F 2 NOT deferred submittal. APPROVED/SEE Submittal COMMENTS 1.023 documents provided as a deferred submittal need to be 1.024 approved by the engineer of records before submittal. 1.025 FBC107.3.4.1 1.026 List of required deferred submittals include; 1.027 A. Existing wood trusses retro -fitting shop drawing 1.028 B. Windows and doors product approval 1.029 C. Commercial kitchen hood or walk-in cooler 1.030 D. Awning and signs shop drawings 1.031 E. Wood Trellis 1.032 F. Outdoor benches shop drawings and attachment details 1.033 K. Shop drawing for the new wood trusses and the new steel 1.034 joists. 1.035 L. Metal roof and composite roof product approval 1.036 1.037 1 -Please specify which one of the three methods stated in 1.038 the Florida existing building code will be used to achieve 1.039 compliance with the life safety and property conservation. 1.040 FBCEB 1205.2 3an 4, 2018 -14- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM ji lojmijNo jl jljljlj'11111111111111111jg jl Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step MHP 11/01/2017 0 F 2 NOT 1.041 APPROVED/SEE 1.042 2 -Sheet A01 state that work COMMENTS area level III alteration to 1.043 specify the nature of work. Work area cannot be used as a 1.044 compliance method for historic building. Please see FBCEB 1.045 1205.2 for the allowable method of compliance for historic 1.046 building and clearly specify which method will be used. 1.047 1.048 3 -Please provide a complete structural analysis and details 1.049 for the existing structure that describe the all the 1.050 structural components (foundations, walls construction, roof 1.051 construction, and wall to foundation connections, roof to 1.052 wall connections, and components and cladding) and specify 1.053 how each of those components will comply with the 1.054 requirements of chapter 16 of the FBCB. FBCEB 407.1 1.055 1.056 4 -Please provide a complete structural analysis that 1.057 specifies how the structure will meet the specific load 3an 4, 2018 -15- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM ji lojmijNo jl jljljlj'11111111111111111jg jl Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step MHP 11/01/2017 0 F 2 NOT 1.058 combination of the FNCB APPROVED/SEE chapter 16. FBCEB 407.1 COMMENTS 1.059 1.060 5 -Sheet A01 state that type of occupancy for the building to 1.061 be A-1 also Sheet A04 indicate that second story will 1.062 include storage and business occupancies. Please revise the 1.063 type of occupancy to mixed use and list all the occupancy 1.064 classification the building will contain also please specify 1.065 the method will be used to comply with the mixed use 1.066 requirements of the FBCB 508.1 1.067 1.068 6 -Sheet A01 states that proposed type of construction will 1.069 be IIIB. The change from IIB construction to type IIIB will 1.070 require all exterior bearing walls to be at least 2 HR fire 1.071 rated construction. Please provide information on how this 1.072 level of fire rating will be achieved for the existing house 1.073 exterior walls, trellis, and the exterior of the covered 3an 4, 2018 -16- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM lojmijNo il ilil Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step MHP 11/01/2017 0 F 2 NOT 1.074 porch. FBCB table 601 APPROVED/SEE 1.075 COMMENTS 1.076 7 -Sheet All shows the fire separation distance between the 1.077 edge of the wood trellis to be 5-10 and the side of the 1.078 trellis is completely open. The maximum area allowed for 1.079 that side of the trellis is limited to 10% of the area of 1.080 the wall. Please revise plans accordingly to comply with the 1.081 percentage of openings based on the FSD of the FBC table 1.082 705.8 1.083 1.084 8 -Please indicate on the plans the FSD between the 1.085 projection on the wood trellis and the FSD that meets the 1.086 requirements of the FBCB table 705.2. Combustible 1.087 projections extending to within 5 feet of the line used to 1.088 determine the fire separation distance, or located where 1.089 openings are not permitted, or where protection of some 1.090 openings is required shall be of at least 1 -hour 1.091 fire -resistance- rated 3an 4, 2018 -17- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM ji lojmijNo jl jljljlj'11111111111111111jg jl Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step MHP 11/01/2017 0 F 2 NOT construction. FBCB705.2.3 APPROVED/SEE 1.092 COMMENTS 1.093 9 -The wooden trellis by definition is a structure (see area, 1.094 building definition) that is located in the same lot with 1.095 the primary restaurant structure per FBCB 705.3. It is the 1.096 designer choice to treat them as two separate buildings and 1.097 the designer has to determine the fire separation line 1.098 between the two buildings and formulate the compliance based 1.099 on two buildings on the same lot (percentage of opening and 1.100 opening protection, and fire resistant rating for both 1.101 structure will have to be considered) OR consider both of 1.102 them as one building and at this point the trellis area and 1.103 occupant load will have to be added to the calculated area 1.104 and occupant load for the primary building. FBCB 705.3 1.105 1.106 10-Occupantload calculation need to be revised to account 3an 4, 2018 -18- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM ji lojmijNo jl jljljlj'11111111111111111jg jl Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step MHP 11/01/2017 0 F 2 NOT 1.107 for the occupant load for the APPROVED/SEE trellis since it is standalone COMMENTS 1.108 occupancy intended to be used as A-2 occupancy as required 1.109 by the FBCB 1004.5 1.110 1.111 11 -After revising the calculations and adding the addition 1.112 area for the trellis then the total area will exceed 1.113 5000SQ.FF total for the building also the building contain 1.114 one fire area that is spread between two stories. An 1.115 automatic sprinkler system shall be provided for Group A-2 1.116 occupancies where the fire area exceeds 5,000 square feet or 1.117 where the fire area has an occupant load of 100 or more. 1.118 FBCB 903.2.1.2 1.119 1.120 12 -Interior exit access stairway from the second story to 1.121 the first story shall be enclosed in accordance with the 1.122 provisions of FBCB Section 1009.3.1 as required by the FBCB 1.123 1009.3 1.124 (Although section 407.3 of 3an 4, 2018 -19- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM ji lojmijNo jl jljljlj'11111111111111111jg jl Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step MHP 11/01/2017 0 F 2 NOT the FBCEB state that APPROVED/SEE existing COMMENTS 1.125 stairway does not have to comply with stairway requirements 1.126 of the FBC 1009 this section applies solely when the slope 1.127 or the space does not permit the reduction AND this section 1.128 is only applicable to the dimensional requirements of the 1.129 FBCB 1009, therefore this section does not relieve the 1.130 requirements for stairway enclosure compliance) 1.131 1.132 13 -Since per the FBCB 3 restaurants and their associated 1.133 kitchen are considered A-2 occupancies. The minimum I ive 1.134 load requirement for either business or assembly occupancies 1.135 is 100 LB. The statement made by the engineer stated that 1.136 suggested live load for the floor to be 401-13. Existing 1.137 structure must at minimum meet the load combinations of the 1.138 chapter 16 of the FBCB. FBCEB 407.1 1.139 Jan 4, 2018 - 20 - 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM ji lojmijNo jl jljljlj'11111111111111111jg jl Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step MHP 11/01/2017 0 F 2 NOT 1.140 14 -Sheet A04 shows that APPROVED/SEE kitchen counter facing room COMMENTS 108 is 1.141 protruding more than 4 inches into the walking surface in 1.142 violation of FBCB 1003.3.3 1.143 1.144 15 -Sheet A04 landing for exterior exit door #D shall have a 1.145 length measured in the direction of travel of not less than 1.146 44 inches as required by FBCB 1008.1.6 1.147 1.148 16 -Please provide soil investigation report signed and 1.149 sealed by a design professional as required by the FBCB 1.150 1803.6 1.151 1.152 17 -Please provide a provision on how the foundation of the 1.153 existing house will be protected during the excavations for 1.154 the new foundation as required by the FBCB 1804.1 1.155 1.156 18 -Sheet S-1.0 please provide the location of the filled 1.157 cells for the new masonry 3an 4, 2018 -21- 10:57:51 AM 211 E Ocean Ave Permit 16-4870 '7Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, EXM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order z Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM lojmijNo il ilil Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step MHP 11/01/2017 0 F 2 NOT walls also the required filled APPROVED/SEE 1.158 cells around openings and COMMENTS building corners. FBCB 107.2.1 1.159 1.160 19 -Please provide roof trusses, and steel joists uplift 1.161 calculations that shows the calculated F1, F2, and F3 values 1.162 as required by the FBCB 2207.1 and 1.163 1.164 20 -Please provide wind load calculations for components and 1.165 cladding for areas Pa, P2, P3, P4, and P5. FBCB 1609.1 1.166 1.167 21 -Please provide site plan that shows the accessible 1.168 parking spots and the accessible route from the site arrival 1.169 point all the way to the accessible features of the building 1.170 as required by the FAC 1.171 1.172 22 -Please provide a completed signed and sealed special 1.173 inspector form to do the inspection on the steel joists as 1.174 required by the amended chapter 110.1 Jan 4, 2018 - 22 - 10:57:51 AM 211 E Ocean Ave Permit 16-4870 Application Year: 16 AND Application Number: 4870 AND NOT Plan Tracking Step Reviewed by Code: DDM, ECM, LLA, MDS, NSD, SMK, TLS At Plan Tracking Step In Date: Ascending order Application Year: 16 Application Number: 4870 Application Type Description: ADDITION COMM Jan 4, 2018 -23- 10:57:51 AM CRA BOARD MEETING OF: January 18, 2018 OLD BUSINESS AGENDAITEM: 13.N. SUBJECT: Consideration of an Interlocal Agreement with the City of Boynton Beach for funding of the Ocean Breeze East Project with Centennial Management Corporation SUMMARY: As a result of the issuance of a Request for Proposals (RFP) and Developer Qualifications (RFQ) in July 2017, for the redevelopment of new affordable or workforce housing units on the CRA owned property located at 700 N. Seacrest Boulevard (a/k/a Ocean Breeze East), the CRA Board selected Centennial Management Corporation as the developer at their August 29, 2017 Special Meeting. At their October 10, 2017, meeting, the CRA Board approved a Purchase and Development Agreement outlining the specific terms and conditions of the property sale to Centennial Management Corporation and project's development. The Purchase and Development Agreement was then executed on December 15, 2017. Under the terms of the Purchase and Development Agreement, Centennial Management Corporation was required to submit an application to the Florida 9% Low Income Housing Tax Credit (LI HTC) Program in an attempt to secure funding for the proposed project. As part of the application submission, the program requires various forms to be completed by the developer verifying the eligibility of the site as well as the commitment by the local government to provide funding under the Local Government Contribution category. At the December 19, 2017, City Commission meeting, the Local Government Verification of Contribution Form was approved and executed by Mayor Grant (see Attachment 1). In order to provide funding to the City of Boynton Beach for the reimbursement of the Local Government Contribution if the application is successful, the agency must enter into an I nterlocal Agreement (see Attachment 11). The funding specified under the Local Government Contribution will only be expended if Centennial Management Corporation's 9% LI HTC Program application is successful. FISCAL IMPACT: To be determined CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District (pages 105- 118) CRAAB RECOMMENDATION: At their October 5, 2017 meeting, the CRAAB recommended the CRA to approve a Purchase and Development Agreement with Centennial Management Corporation as described in the agenda item summary above. CRA BOARD OPTIONS: 1. Approve and execute the Interlocal Agreement with the City of Boynton Beach to provide the funding for the Local Government Contribution as required under the 9% Low Income Housing Tax Credit Program application for the Ocean East Project with Centennial Management Corporation. 2. Do not approve or execute the I nterlocal Agreement with the City of Boynton Beach to provide the funding for the Local Government Contribution as required under the 9% Low Income Housing Tax Credit Program application for the Ocean East Project with Centennial Management Corporation. ATTACHMENTS: Description D Attachment I - Executed Grant Form D Attachment II -DRAFT ILA I certify that the foregoing information is true and correct and that this commitment is effective at least throtto the d eqii- tie ap to A. Steven B. Grant Siguathre, Prurt or Type Name M imilill� 1:1111 , III I ru�� INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT OF THE LOCAL GOVERNMENT CONTRIBUTION UNDER THE FLORIDA HOUSING FINANCE CORPORATION STATE APARTMENT LOAN PROGRAM FOR THE PROJECT KNOWN AS THE OCEAN BREEZE EAST PROJECT SITE TO BE DEVELOPED BY OCEAN BREEZE EAST APARTMENTS LLC, PURSUANT TO CHAPTER 420, PART V, SECTIONS 420.5093 - 420.5099, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE. THIS AGREEMENT, made and entered into on the 2018 by and between: CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") AND day of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 710 N. Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "CRA") WITNESSETH: WHEREAS, CITY and CRA ("Parties") desire to encourage Affordable and Workforce Housing development within the City and the CRA; and WHEREAS, the CRA has determined that the provision of Affordable and Workforce Housing within the CRA furthers the CRA's purpose of eliminating slum and blight; and WHEREAS, the CRA has approved a financial contribution of five hundred sixty-seven thousand and five hundred dollars ($567,500.00) in the form of a grant contribution ("Grant") to assist the developer, Ocean Breeze East Apartments LLC ("Grantee"), in the development of certain properties located 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit "A" attached hereto, and WHEREAS, the Parties desire to enter into an Interlocal Agreement ("Agreement") for the City of Boynton Beach to pay the Grant, on behalf of the CRA, to the "Grantee," under the condition that the Grantee obtains award underwriting approval of a 9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation by June 30, 2018, and 00919723-1 Page I of 7 WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Florida Interlocal Cooperation Act"), permits the Parties, as public agencies under the Interlocal Cooperation Act, to enter into interlocal agreements with each other to authorize one public agency to exercise, on behalf of the other public agency, j ointly held powers, privileges or authorities which each such public agency shares in common and which each might exercise separately, permitting the public agencies to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such public agencies; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the following: 1) the CRA reimbursing the CITY for final payment of the Grant of five hundred sixty-seven thousand and five hundred dollars ($567,500.00) to Grantee consistent with the terms of this Agreement; or 2) the failure of Grantee to obtain award underwriting approval of a 9% Low Income Housing Tax Credit from Florida Housing Finance Corporation by June 30, 2018. Section 3. DUTIES AND RESPONSIBILITIES OF THE PARTIES 3.01 The Parties agree that per Resolution No. , the Grant shall be paid by the CITY to Grantee on behalf of the CRA. The Parties agree further that the CRA will reimburse the CITY for the payment of said Grant, within 30 days of CITY's notice of making payment. Payment shall be made to Grantee upon: 1) Grantee providing evidence that they have been awarded a nine percent (9%) low income tax 00919723-1 Page 2 of 7 credit from the Florida Housing Finance Corporation; and 2) a real estate closing for the sale of the project properties located at 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit "A." Section 5. RECORDS 5.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the development of the on the Ocean Breeze East project site located at 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit "A." Section 6. ASSIGNMENT 6.01 The respective obligations of the parties shall not be assigned, in whole or in part, without the written consent of the other party. Section 7. DEFAULT 7.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the non -defaulting party may terminate this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 8. COMPLIANCE WITH LAWS 8.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 00919723-1 Page 3 of 7 Section 9. VENUE 9.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida. Section 10. GOVERNING LAW 10.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 11. ENTIRE AGREEMENT 11.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 12. SEVERABILITY 12.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby so long as the Parties' rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. Section 13. NOTICES 13.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 00919723-1 Page 4 of 7 CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 Section 14. INTERPRETATION 14.01 This 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. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 00919723-1 Page 5 of 7 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida Steven Grant, Mayor ATTEST: City Clerk Approved as to form: City Attorney BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida ma Steven Grant, Chair Approved as to form: CRA Attorney 00919723-1 Page 6 of 7 EXHIBIT "A" 00919723-1 Page 7 of 7 CRA BOARD MEETING OF: January 18, 2018 NEW BUSINESS AGENDAITEM: 14.A. SUBJECT: Discussion Regarding Redevelopment Options for CRA Owned Parcels within the MLK, Jr. Boulevard Corridor SUMMARY: The CRA has been assembling properties along East MLK Jr. Boulevard since 2004 (approximately 1.55 acres north of MLK Jr. Boulevard and 3.26 acres on the south side of of MLK Jr. Boulevard (Attachment I - Overall Aerial of CRA Properties Along East MLK Corridor) as well as a number of scattered lots totaling 1.41 acres (see Attachment I LA - CRA Properties at East end of East MLK Corridor). The CRA Board approved $1.2 million within the Fiscal Year 2017-2018 annual budget to be used for the redevelopment of the corridor. Over the past two -three months, staff has received several inquiries from affordable housing developers regarding the CRA's land assemblage as well as recent interest from the adjacent property owners to sell or exchange properties. This is a positive development but would require additional negotiations and/or time for the CRA to go through the land disposition process with a developer. The CRA's 1.23 acre assemblage at the NE quadrant of the intersection of Seacrest Boulevard and MLK Jr. Boulevard has been identified by staff as the most suitable for commercial uses since it is a more regularly shaped parcel and zoning is already in place. The 1.85 acre assemblage at the SE Quadrant of Seacrest and MLK Jr. Boulevards is larger in size but would require additional negotiation with adjacent property owners to create a more viable redevelopment site (see Attachment I I B - CRA Properties at NE and SE Quandrants (MLK and Seacrest)). As briefly discussed by the CRA Board at the end of their December 12, 2017 meeting, the Board may choose to initiate the redevelopment of E. MLK Jr. Boulevard by constructing a project on one of the agency owned property assemblages. If directed by the Board, staff recommends that the CRA takes a lead in the revitalization of this corridor by redeveloping the northern 1.23 acres area for neighborhood commercial uses. This area can support approximately 5,000 square foot of retail uses and associated parking. Staff has developed a preliminary conceptual plan (see Attachment III - MLK Commercial Preliminary Conceptual Plan) which could be reasonably be implemented within the next 12-18 months with the CRA as the developer through one of the options below while still negotiating with adjacent property owners in the SE Quadrant (see Attachment IV - Property Ownership Map): Option One (Design -Bid -Build): Under this option, the CRA would utilize its existing continuing architectural contracts with REG Architects or Kimley Horn & Associates to process a site plan approval, prepare construction and bid documents, apply for permits, bid, and develop the site. (approximately 15 months) Option Two (Design -Bid -Build with Pre -qualifications of General Contractors): Under this option the design process is the same as Option One. The difference in this scenario is the CRAwill pre -qualified general contractors towards the end of the design phase, apply for permits, issue bid documents to pre -qualified general contractors, and develop the site. (approximately 15 months) Option Three (Design -Build): Under this option, the CRA would issue a Design -Build Request for Proposal (RFP) for an entity which will provide a guaranteed maximum price for the design and development of the site. (approximately 12 months) If the CRA Board chooses to move forward with development under one of the above options, based on the construction market for goods and services, additional funding may be needed to undertake the project. Discussion and consideration of this issue would take place prior to entering into a contract for design or construction. FISCAL IMPACT: FY 2017-2018 Budget - Project Fund Line Item #02-58100-203 - Architectural Services: $150,000; and FY 2017-2018 Budget - Project Fund Line Item #02-58200-406 - MLK Corridor Redevelopment, CRA Property: $1,200,000. CRA PLAN/PROJECT/PROGRAM: CRA Redevelopment Plan, Heart of Boynton District and Downtown Vision & Master Plan. CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: To be determined based on Board discussion and direction. ATTACHMENTS: Description D Attachment I - Overall Arial of CRA Properties Along East M LK Corridor D Attachment II.A. - CRA Properties at East end of East M LK Corridor D Attachment II.B. - CRA Properties at NE and SW Quadrants (M LK and Seacrest) D Attachment III - MILK Commercial Preliminary Conceptual Plan D Attachment IV - Property Ownership Map Property Ownership Map NE and SE Quadrands of East MLK Jr. Boulevard ATTACHMENT IV -y �tiet3R�.. aa�+T�,-�.��+�hyipN, 6 W .tu L�rOAMr N BLVD W434524',}WI—Aclow y�ryy�fp p�y�. 6. �JI.O 0 A37 C2 r()00' 7i1 T4LLFnlMM'r#"itLYL111 f04A4t,21$NkL1"�0IM0 Z2,80D 0,5234 C2 24 8 2 a F WRTIN r UTHEIAKtCJR W, V0, 0 6•1M5P 04 W,(Po C 0, 12,,438 01EMS C2 12,4.18 12111NE0114Af fx '3452rIoffAC 60r 5,773 0.1:125 lit 5,773 13 1 A lit 9314 AVE W431 21 1 UOtMW 5,770 0,1325 F12 5,770 15 12, ft 9IHAVf 0M,34521 10W)WW 5.762 0 1323 R2 5,702 16 WOT'HAVF fM434 9211DMA MW 5,7SS (b 1322 R2 5,758 17 T41 NETniAVE 0kk314 521' 10 1x0l W 5,754 0,1321 F12 5,754 } $51 .SIi7 AVE ".64345211 "A61 X) 4.60 O.JEW X12 4, WL. 25 VARITALU9 MKU� RL MCI fM4304?IMM101T0 7.OD2 1.1607 C2 7.£02 27 1 MR71N IuLMLUA KWJRBLV D 1:04MC.'12Ms1WW .... 8005 0V3215C_2 14,ODS .. 28 1 9" E Id B'T1`1 r @11 ,u,X63 4 61.... I. ,f.1 ,21..2501 "�N,()_ C,.. 14,W_%.__03215... 2 14,03'S 29 1W RT"r"LU1+A'J11�t1� BLV W343al� arW40 14,0115 13.3215 C2 14,0 30 r4 1 S1 5 r &$ a "12a arxM a 11, 50D O� 264 R2 1 1,CM . Totals Square Feete 1.41 ' Acres= 3.24 Dwelling per Acre= 24 Dwell Ings on CLIA Property 78 1,2,9,10 — Family Dollar 22 — Donnie & Doris Jones 4,11,14,19,21 & 23— Laran, LLC 24— Phoenician Seacrest Corp. 5 —Alberta & Octavia Bell 26 — Phoenician Seacrest Corp. 18 — DJ Management & Consulting, LLC ATTACHMENT IV CRA BOARD MEETING OF: January 18, 2018 NEW BUSINESS AGENDAITEM: 14.13. SUBJECT: Consideration of Funding Request by Reverend Bernard Wright SUMMARY: On December 7, 2017, the CRA received a letter from Reverend Bernard Wright requesting funding the his 2018 Robert E. Wells Celebration to be held on February 10, 2018 at the Carolyn Sims Center (see Attachment 1). Staff responded to Reverend Wright and discussed various aspects of his request and CRA limitations over the course of several telephone calls. On December 13, 2017, Rev. Wright met with Mary DeGraffenreidt, City of Boynton Beach Parks & Recreation Events and Program Manager, to obtain assistance in completing the City's use agreement and application required to rent the Carolyn Sims Center facility to host his event (see Attachment 11). The City of Boynton Beach recognizes the contributions and historic significance of Mr. Robert E. Wells by proclamation of February 7th as Robert E. Wells Day. Reverend Wright intends to hold this event in commemoration of Robert E. Wells. As is the case each year, the CRA Board approves the agency's annual event calendar, capital projects, grants programs and budget for the upcoming fiscal year. The Board approved Fiscal Year 2017-2018 event calendar and annual budget does not include the Robert E. Wells Celebration event. Rev. Wright is seeking to request funding from the CRA to assist with the overall costs associated with the Robert E. Wells Celebration. While the intentions of the request and event are admirable and recognized by the City, current statutory regulation does not support direct funding of such activities. FISCAL IMPACT: To be determined. CRA PLAN/PROJ ECT/PROGRAM: N/A CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: To be determined by Board discussion and direction. ATTACHMENTS: Description D Attachment I -Request Letter from Reverend Wright D Attachment II - Email to City Staff and City Special Event Application F1 CEI Mr. Michael Simon Boynton Beach CRA Director December 6, 2017 I am submitting this letter to you as per your request regarding the Robert E. Wells Historic Celebration outlining our vision, goals and assistance needed from the Boynton Beach CRA. The date decided on, to hold the above referenced celebration is Saturday February 10, 2017. This date follows February 7, which is Robert E. Wells Day. This event is to honor the community history of Boynton Beach. The location that is needed is the Carolyn Sims Center. The hours of the celebration will run from 9 AM to sunset with all setups occurring before 9 AM. There will be ethnic food vendors, educational and informational vendors, festivities for children, sport activities, talent show, community speakers and professional entertainment. The main event will be a BBQ cook off . The participants will pay a $50 entrance fee. The grand prize for the winner will be $500 and a championship belt (with a case). In previous discussions you kindly committed to helping to market the celebration, waving the fee for the use of the Sims Center, providing a stage for the entertainment, a large tent, portables for men and women as well as a few handicapped portables. Additional needs are a sound man(with equipment), and $10,000. and my volunteer committee will be working diligently to secure funding and sponsorship for this historic celebration. The Robert E. Wells Historic Celebration honoring the community history of Boynton Beach has the support of the Bernard Wright Ministries, Robert E. Wells Foundation, Boynton Beach Coalition of Clergy, the City Administration and most importantly the community at large. greatly appreciate your help as well as the support of the Boynton Beach CRA in this community endeavor. Respectively, Minister Bernard Wright From: Simon, Michael Sent: Wednesday, December 27, 2017 5:32 PM To: LaVerriere, Lori <LaVerriereL@bbfl.us>; Howard, Tim <HowardT@bbfl.us>; Krusell, Eleanor <KrusellE@bbfl.us>; Majors, Wally <MalorsW@bbfl.us> Cc: DeGraffenreidt, Mary <DegraffenM@bbfl.us>; Shutt, Thuy <ShuttT@bbfl.us> Subject: Robert E Wells Celebration Hello Lori, Tim, Eleanor and Wally: I have been fielding calls from Rev. Wright regard his desire to expand the activities and impact of his Robert E. Wells Celebration event planned this year to take place at the Carolyn Sims Center on February 10, 2018. Our discussions have ranged from planning questions to funding requests and with each conversation I am reminding him that this is not "currently" a budgeted event on our CRA calendar. Rev. Wright believes this is something that should be recognized by our two entities and will be requesting assistance at the January 2nd CC and the January 18th CRA meeting. While there might be some unused funding leftover from the MKL Celebration event, I won't have that number until the week of January 8th. I've attached his application for use of Carolyn Sims Center and his letter to the CRA regarding the event. How would you suggest we proceed? Michael Simon, C.R,A., LRES Executive Director Boynton Beach Community Redevelopment Agency 710 dao Federal Fiwy. � Boynton Beach, Florida 33435 561-600-9091 � 561-737-3253 SimonM@bbflous Q littp://www.catcliboynton.com f 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. Special Event Application City of Boynton Beach A detailed site diagram layout_ showing all event elements (stages, restrooms, signage, tents, etc.) must be attached. Application and permit fee must also be included when application is turned in to Risk Management, or it will not be reviewed. EVENT PROPOSAL Name of Event: A51 AX/Ar/_/_f , 4 Requested location of -eye : Purpose of the event: Estimated number of participants: Number of years this event has taken place in the City of Boynton Beach - If the event produced in other cities, please list the cities: Single Event Date Day of Week Event Setup: Event Day 1: Event Day 2: Event Day 3: Breakdown: ❑ Recurring Event (Yearly Permit) Be in En [akAM PM ❑ AMPM ❑ AM LlPM ❑ AM PM ❑ AM ❑ PM ❑ AM ❑ PM ❑ AM ❑ PM ❑ AM ❑ PM ❑. AM ❑ PM ❑ AM ❑ PM Desired Start Date Day of Week Begin End Monthly: ❑ AM ❑ PM ❑ AM ❑ PM ❑ First ❑ Second ❑ Third ❑ Fourth of every month (Ex: Recurs every Second Tuesday of the month) Event Setup:m � AM ❑ PM ❑ AM ❑ PM Breakdown: 9AM PM ❑ AM ❑ PM Det ed Description of the event: ORGANIZATION_ PRODUCING EVENT: EVENT COORDINATOR: a 7 7 - 0 Name Address City State/Zip Phone/Fax Email Check all that apply: Tax Exempt Number: Address City _ State/Zip Phone/Fax Email Non -Profit ❑ Private ❑ Commercial (ol_ease_a BENEFITING ORGANIZATION: If same as above, check here: ❑ If the proceeds of the requested event are intended for an organization other than the applicant, please provide the following information: Benefiting Organization: Address: Contact Person: Terms of Agreement: City/State/Zip: Contact Phone: Total Estimated Donation: Revised September 2014 1 of 2 Special Event Application City of Boynton Beach EVENT LOGISTICS: NO 04 YES ❑ NO Will music be provided? YES ❑ NO * Live Band, DJ, Sou S stem? Al-,Ald * ❑ YES YES �NO NO NO ❑Company Self Time of Day: * Type of Music: * Quantity of Speakers: Does the proposed area include fenced areas? Will food be YES NO * served? YES NO Fo d Vendor(s): Will alcohol be served? YES NO Will you be using a grill? Will you be having a tent or temporary structure? Will you be using a generator? Are you proposing to place signs or erect banners? Are you proposing to use Fireworks at your event? Will the event include vendors? Clean-up service provided by: YES NO 04 YES ❑ NO YES ❑ NO YES ❑ YES YES �NO NO NO ❑Company Self * Propane or Charcoal? * Size/Quantity of LP tank(s): * Structure: * Size/Quantity: * Propane or Electric? 297 * Size/Quantity of LP tank(s): * Quantity/Size of signs: * Permit requir from Fire Marshal * What kind: A * If event site on City 1Y(operty is not cleaned, a cleanup fee will be assessed. PLEASE REMEMBER: ✓ Make s a to s d perm t fe th i apps cation in your certificatc s s, site diagram layout, informational flyers (if any) and t ✓ All extension cords must be rated for exterior use, be in good condition, plugged into GFCI receptacles, and have heavy rubber mats covering the cord if it runs through vehicular or pedestrian pathways. ✓ Handicap accessibility shall be maintained at all times. ✓ If you will be using either a grill or a generator, you must have a tagged fire extinguisher next to the equipment at all times. EVENT NAME: �2, Signature Date APPROVALS: PLANNING & ZONING DIVISION SIGNATURE DATE BUILDING DIVISION SIGNATURE DATE FIRE EMS DEPARTMENT SIGNATURE DATE POLICE DEPARTMENT _ SIGNATURE DATE RISK MANAGEMENT SIGNATURE DATE RECREATION & PARKS DEPARTMENT SIGNATURE DATE PUBLIC WORKS DEPARTMENT SIGNATURE DATE Revised September 2014 2 of 2 Page I of 2 110,107,1414 TULIP Program 8:30 a.m. - 5 p.m. PT Get a quote or purchase insurance for your event. Monday through Friday E 01 1 - M,W Ilk �I % ML Do not use your browser's "Back" button during this process or information you entered may be lost. 0 Premium Quote and Contact Information Your estimated premium is: $1,137.00 Any changes made to your event after the premium has been quoted could change the premium and will need to be requoted. Enter the tenant user information: The renter of the facility is: 0 a company/organization * an individual * First name: Bernard *Last name: Wright Address 1: 713 NW 2nd Street Address 2: City- Boynton Beach * State- FL Zip / Postal 33435 Code: Country: United States Enter a contact for the insurance policy: First name: Bernard Last name: Wright Phone:. 754 246-0767 example: 123-456-7890 Email: bernardwright52@yahoo.com https://tulip.onebeaconentertaimnent.com/e/tulip/apply.aspx 12/14/2017 TULIP Purchase example: name@company.com Z Check here if address same as above. Address 1: 713 NW 2nd Street Address 2: City: Boynton Beach State: FL Zip Postal 33435 Code: Country: United States Refund Policy I Cancel Your Insurance I View Insurance Contract https://tulip.onebeaconentertaimment.com/e/tulip/apply.aspx BACK NEXT 800.507.8414 Page 2 of 2 TULIP Purchase Page I of 2 100,101,1414TU[IP Program mm""~ , pr Get oqu�norpumhooeinou�nmefor your evanL D Monday through Friday ovnot use your bro*ser'o^Back" button during this process minformation you entered may be lost. 0 Review and Confirm Information Facility: Venue |0Code: 3967 -000 Facility Name: City mBoynton Beach Address 1: 1oos.Boynton Beach awo. Address 2: City: Boynton Beach State: FL 2]p: 33425 Details: Event Type: pamwaanmouxura|svenm—|nuoors Event Name Robert E. Well Day Celebration Dates: 2n0/208 Length in Days: 1 Event held prior yes Armed private security at this event: no Average Daily Attendance: 150 Number nfconcessionaires that will sell food products orservices: o Number ofconcessionaires that will sell non-food products orservices: o Number ofexhibitors that donot sell products orservices: o Number nfattractions, including performers: 10 https://tulip.onebeaconentertaimuent.com/e/tulip/apply.aspx 12/14/2017 TULIP Purchase Page 2 of 2 no nsured: Insured Name: Bernard Wright Address 1: 713 NW 2nd Street Address 2: City: Boynton Beach State: FL Zip Postal Code: 33435 Country: US 'ontact: First Name: Bernard Last Name: Wright Phone: 754 246-0767 Email: bernardwright52@yahoo.com Address 1: 713 NW 2nd Street Address 2: City: Boynton Beach State: FL Zip Postal Code: 33435 Country'. US Accept: R1 I agree that the above information is correct to the best of my knowledge. El I have reviewed the insurance contract and refund policy posted below: BACK Refund Policy I Cancel Your Insurance I View Insurance Contract 800.507.8414 https://tulip.onebeaconentertaimnent.com/e/tulip/apply.aspx 12/14/2017 CRA BOARD MEETING OF: January 18, 2018 CRAADVISORY BOARD AGENDAITEM: 15.A. SUBJECT: CRAAdvisory Board Agenda - January 4, 2018 SUMMARY: See attached. CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D January 4, 2018 CRAAdvisory Board Agenda CRAAdvisory Board Meeting Thursday, January 4, 2018 - 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 561-737-3256 ADVISORY BOARD AGENDA 1. Call to Order 2. Roll Call 3. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 4. Information Only A. Financial Report Period Ending December 31, 2017 5. Public Comment 6. Consent A. Approval of CRA Board Meeting Minutes -December 7, 2017 7. Assignments A. Pending Assignments from November 14, 2017 CRA Board Meeting: 1. Review and Discuss the CRA Special Events Grant B. Reports on Pending Assignments 1. None C. New Assignments from December 12, 2017 CRA Board Meeting: 1. None 8. CRA Board Items for CRAAdvisory Board Review and Recommendations A. Old Business 1. None B. New Business 1. None 9. Future Agenda Items A. David Scott, Director of Economic Development and Strategy, City of Boynton Beach, Presentation Regarding the Local Vendor Process (February) 10. Adjournment Notice THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORDAN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITYTO PARTICIPATE INAND ENJOYTHE 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 CRNS WEBSITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CRNS WEBSITE CAN BE OBTAINED FROM THE CRA OFFICE. CRA BOARD MEETING OF: January 18, 2018 CRAADVISORY BOARD AGENDAITEM: 15.13. SUBJECT: Approval of C RA Advisory Board Meeting Minutes - December 7, 2017 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the December 7, 2017 CRAAdvisory Board Minutes ATTACHMENTS: Description D Attachment I -12.07.18 CRAAB Minutes MINUTES OF THE CRA ADVISORY BOARD MEETING IN CHAMBERS AT CITY HALL 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33435 HELD ON THURSDAY, DECEMBER 7, 2017, AT 6:30 P.M. PRESENT: Linda Cross, Chair Robert Pollock, Vice Chair Allen Hendricks Thomas Murphy, Jr Rick Maharajh Cindy Falco-DiCorrado James DeVoursney (arrived at 6:36 p.m.) I. Call to Order The meeting was called to order at 6:31 p.m. II. Roll Call Michael Simon, Director, CRA Theresa Utterback, Development Services Manager Bonnie Nicklien, Administrative Services and Grant Manager, CRA Lisa Edmondson, Prototype, Inc. Roll was called, and it was determined a quorum was present. The Pledge of Allegiance was recited. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda - None B. Adoption of Agenda Motion made by Ms. Falco-DiCorrado, seconded by Vice Chair Pollock, to adopt the agenda as presented. In a voice vote, the motion passed unanimously (6-0). IV. Information Only A. Financial Report Period Ended November 30, 2017 Chair Cross asked if the $2.5 million that was budgeted for the Town Center has changed due to expanded costs, and Mr. Simon answered that there is no effect on the amount that the CRA budgeted in the Interlocal Agreement that was approved December 5, 2017. A total of $4.6 million has been obligated to the Town Square project, either through the high school renovation, site work, etc. Meeting Minutes CRA Advisory Board Boynton Beach, Florida December 7, 2017 If the City Commission goes forward with the 30% improvement in GNP and also goes forward with the Phase II contract, Mr. Simon stated that in the summer they will re- examine the amounts needed for this fiscal year. He was not sure if they would do a year-to-year amendment or a perpetual ILA. He reiterated that $2.5 million was pledged in the budget and another $2.5 in the ILA. [Dr. DeVoursney arrived at 6:36 p.m.] 5. Public Comment (moved to end of agenda) 6. Consent A. Approval of Advisory Board Minutes - November 2, 2017 Motion made by Mr. Maharajh, seconded by Mr. Murphy, to approve the minutes of the November 2, 2017, meeting as presented. In a voice vote, the motion passed unanimously (7-0). B. 2018 CRAAdvisory Board Meeting Dates Mr. Simon noted there were location changes in April and November Motion made by Mr. Hendricks, seconded by Ms. Falco-DiCorrado, to approve the dates and venues for the 2018 CRA Advisory Board meetings. In a voice vote, the motion passed unanimously (7-0). 7. Assignments A. Pending Assignments - None B. Reports on Pending Assignments - None C. New Assignments from November 14, 2017, CRA Board Meeting 1. Review and Revise Current CRA Special Events Grant Chair Cross said the Board was asked to revisit the current Special Events Grant, and Mr. Simon proposed that the Board address the questions appearing in the backup rather than trying to review the document itself. He added that the Board is revisiting this because CRA Board member Romulus gave them a new assignment. He said there is no money for the grants at the time, but it could be allocated. Dr. DeVoursney asked what some of the current grants were. Mr. Simon explained that a Special Events Grant is "tricky" based on the position of the State legislature regarding support of special events by agencies such as the CRA. The bottom line is 2 Meeting Minutes CRA Advisory Board Boynton Beach, Florida December 7, 2017 whether the event is just to have an event (like a puppet show) or if it actively promotes development in the area. The results of any event have to demonstrate fulfillment towards the goals and objectives of the CRA. Mr. Simon proposed renaming the events grant to something other than "Special Events." Mr. Hendricks advised exercising caution in adhering to the State Statute, and suggested calling the grants, "Economic Development Event Grants." Mr. Simon relayed that the Statute says the grant is not for the purpose of social service, because there is other money for that. The goal should be revitalization of the area away from a bricks and mortar vacancy lot layout, assisting in redevelopment. Ms. Falco-DiCorrado asked if the monies could be available to someone who already owns a business outside the CRA but wants to have a grant for the economic development of the CRA. Mr. Simon said that part of the decision would depend on whether it would assist in downtown business. Some CRA District businesses in the area would have to be included. Mr. Simon reviewed the other grants now sponsored by the CRA. The "economic development grant" could provide additional assistance for a smaller business to do a parking lot event that links back to the CRA's goals. Grant recipients could be required to provide post -event data to see if the intent was met. Mr. Simon also suggested they could refocus their current special events on more business-related events. Chair Cross thought there should be matches to the grants, and there should be post - event reporting. She did not think they would want to deal with nonprofits. Mr. Hendricks remarked that a side benefit of events is that they build community and excitement, but the focus needs to be economic development. He thought they could include nonprofits if they could meet the parameters. Mr. Maharajh suggested having David Scott attend a meeting to share where the City of Boynton Beach is as a whole in terms of economic development. He cautioned against working at cross purposes with the City. While she agreed with Mr. Maharajh, Chair Cross said there was no rush since there are currently no funding and no applicants. Chair Cross opened the floor to public comment on the item. Susan Oyer, 140 SE 27 Way, believed the whole idea is "overdone" and a "waste of money." She believed something better could be done with the money - perhaps the CRA could put on another signature event instead that provides City and CRA with recognition and benefits more than one specific entity. She suggested perhaps allocating the dollars toward Town Square if they do not do a big event. Ms. Oyer said the CRA should be watching its money carefully instead of spending it "frivolously." Mr. Hendricks commented that the amount of money is quite small, and he did not consider the events to be frivolous. Ms. Oyer admitted that Ms. Kelly's event was very 3 Meeting Minutes CRA Advisory Board Boynton Beach, Florida December 7, 2017 successful, but did not think others would attract the press, the numbers, and produce the same benefit. She proposed more free or low-cost events for families on the weekends. Dr. DeVoursney mentioned that he liked the approach of an economic development grant, noting that the Board would not have to bestow a grant unless the application was compelling. He pointed out it would entice small businesses to be active in the CRA. Mr. Hendricks said small businesses have a challenge with marketing events, and asked what resources the CRA has that could help them. Mr. Simon remarked that the CRA has a marketing department that only markets local businesses. As an example, he mentioned a full page ad in the Sun Sentinel that could list many businesses, but that no one business could afford. The CRA also has social media resources, but does not have the capability to help with "day -of' activities, such as set-up, security, etc. Chair Cross suggested that they look at the old policy, look over the list of questions from the CRA, and return with ideas for the next meeting. Mr. Simon advised he would send out Statute 163-370 that lists the powers and purposes for which the trust fund money should be spent, activities to be undertaken, etc. Chair Cross closed the floor to public comment on the item. VIII. CRA Board Items for CRA Advisory Board Review & Recommendations A. Old Business 1. None B. New Business 1. Consideration of Purchase of 110 NE 6th Avenue Mr. Simon advised that the appraised value is approximately $36,700. He said the property would not have to be turned over to the City. However, the City owns the adjacent lot on the corner and it could be a neighborhood entryway, adding some square footage from the adjacent lot to create green space. They could also do an RFP for a single-family home through the CDC or Habitat for Humanity. Mr. Simon continued, stating that he was not aware of the City's vision for the property, saying perhaps the CRA could do a partnership with the City for housing. The property could be developed either by the CRA or by the City. Mr. Simon recommended purchase. The CRA would purchase it through the public acquisition system through the County; it is up for tax deed sale. He said the CRA would work with the City on waiving the liens, probably waiving all but administrative .19 Meeting Minutes CRA Advisory Board Boynton Beach, Florida December 7, 2017 costs. There is no mortgage on the property. Mr. Hendricks suggested combining the two lots into one. Motion made by Mr. Hendricks, seconded by Mr. Murphy, to support the purchase of Lot 110 NE 6 Avenue. Mr. Hendricks amended his motion to add that the purchase would be with a cap of 20% over the appraised value. Mr. Murphy seconded the amendment. In a voice vote, the motion passed unanimously (7-0). IX. Future Agenda Items - None At this time, Chair Cross returned to Agenda Item V. V. Public Comment There was a brief discussion on the parameters of comments made by the public both in content and time. The time limit was set at three minutes per speaker. At this time, Chair Cross opened the floor to public comments. Susan Oyer, 140 SE 27 Way, said the CRA website was not up to date, and asked when it would be updated. She refers her students to the website. It was noted the website is now up to date. Maehi Mugilan, 5102 Mahogany Drive, expressed concern about the gentrification of minority areas in Boynton Beach and about alleged racist comments made by Ms. Falco-DiCorrado after the last City Commission meeting. He did not appreciate the Board limiting his time to speak, believing it violated his free speech rights to address racial discrimination. Wendy King, 1361 NW 94 Way, Coral Springs, said she witnessed Ms. Falco-DiCorrado "harassing people of color' during/after the Commission meeting. Ms. King asked that Ms. Falco-DiCorrado be removed from the Board, saying she is biased against minorities. Adam Wasserman, 11211 S Military Trail, spoke about the alleged derogatory, racist comments made at the last Commission meeting. He asked for the removal of Ms. Falco-DiCorrado from the CRAAB. X. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7:35 pm. [Minutes transcribed by J. Rubin, Prototype, Inc.] R CRA BOARD MEETING OF: January 18, 2018 REPORTS ON PENDING ASSIGNMENTS FROM NOVEMBER 14, 2017 CRA BOARD MEETING: AGENDAITEM: D.1. SUBJECT: Review and Discussion regarding the CRA Special Events Grant SUMMARY: At their April 11, 2017 CRA Board meeting, the CRAAB was assigned the task of reviewing the CRA Special Events Grant Guidelines and Application in use at that time to determine whether or not any revisions or alterations are recommended (see Attachment 1). Per the discussions at the June and July Budget Meetings for FY 2017-2018, both the CRAAB and CRA Board decided not to allocate funding for the Special Events Grant within the Fiscal Year 2017-2018 annual budget. With no funding allocated, the CRAAB assignment was terminated. On November 14, 2017, the CRA Board renewed this assignment and directed the CRAAB to discuss the merits of a special events grant, review the existing guidelines and provide a recommendation for the Board's consideration. At their December 7, 2018 meeting, the CRAAB discussed the Special Events Grant (see Attachment 11 - 12/7/17 CRAAB Minutes) and CRA Executive Director, Michael Simon, provided the CRAAB with the FS 163-370 (Attachment 111) and FS 163-387 (Attachment IV) for review and discussion at their January 4, 2018. Some of the considerations discussed by the CRAAB are as follows: • Does the CRA want to offer a Special Events grant? • How much money is offered to eligible recipients? • What is the intent or purpose for the grant? • Does the grant further the goals and objectives of the C RA Redevelopment Plan? • Can an economic benefit be clearly identified by providing the grant? • Who is eligible for the grant? Non-profit entities, for-profit entities, City Departments, etc. • What types of events qualify for the grant? Charitable fundraiser, business openings, for- profit events, weekend festivals, cultural events, national holidays, etc. • Are there specific locations or designated areas within the CRA District where the event must be held in order to qualify for the grant? • What types of expenses qualify for reimbursement under the grant? • Are grant recipients required to donate any net -proceeds to a charity or are they allowed to keep any net -proceeds? • What is the process for application and approval of the grant? FISCAL IMPACT: To be determined. CRA PLAN/PROJ ECT/PROGRAM: 2016 CRA Redevelopment Plan and the City/CRA Strategic Plan CRAAB RECOMMENDATION: The CRA Advisory Board recommends the following: Recommendation 1) The CRA should not fund Special Event Grants due to the statutory restrictions on the expenditures of CRA funds. Recommendation 2) The CRA should collaborate with the City on non-financial ways to support special events sponsored by the City within the CRA District. CRA BOARD OPTIONS: To be determined. ATTACHMENTS: Description D Attachment 1 -2016-2017 CRASpecial Events Grant Application & Guidelines D Attachment II -12.7.17 CRAAB Minutes D Attachment III - Florida State Statute 163-370 D Attachment IV - Florida State Statute 163-387 r F, BN 6'amB ADVISORY BOARD CRA ADVISORY BOARD MEETING OF: July 6, 2017 AGENDA ITEM: IV.A.1 SUBJECT: Review and Revise Current CRA Special Events Grant SUMMARY: At their April 11, 2017 CRA Board meeting, the CRAAB was assigned the task of reviewing the current CRA Special Events Grant Guidelines and Application to determine whether or not any revisions or alterations are recommended (see Attachment 1). Some important aspects of the program to consider during the review are: • Does the CRA want to offer a Special Events grant? • How much money is offered to eligible recipients? • What is the intent or purpose for the grant? • Does the grant further the goals and objectives of the CRA Redevelopment Plan? • Can an economic benefit be clearly identified by providing the grant? • Who is eligible for the grant? Non-profit entities, for-profit entities, City Departments, etc. • What types of events qualify for the grant? Charitable fund raisers, business openings, for-profit events, weekend festivals, cultural events, national holidays, etc. • Are there specific locations or designated areas within the CRA District where the event must be held in order to qualify for the grant? • What types of expenses qualify for reimbursement under the grant? • Are grant recipients required to donate any net -proceeds to a charity or are they allowed to keep any net -proceeds? • What is the process for application and approval of the grant? - t[h Boynton Beach Community Redevelopment Agency Special Event w mm._1m__Grants and Aids Guidelines, Application and Evaluation Forms Mission The CRA established a Grants and Aids Program to in generating positive regional publicity for Downtown Boynton Beach; � nd to help establish and promote worthy community and business goals intended to increase the 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 be allocated based on the individual merit of each project and on a first- come f rst- served basis. Eligible Organizations To be eligible to apply for CRA funds a non-profit, tax-exempt, Florida Corporation must provide the following information: a. Incorporated 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-, and, b. Headquartered in Palm Beach County a minimum of two (2) years as of application deadline date-, and c. Designated 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 Procedure 1. Applicants obtain and complete an application. 2. The applicant must attend a meeting with a CRA staff representative to review application prior to CRA Board submittal to assure compliance. For FY 2016 - 2017, 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. 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 October 1st annually. 7. Awards are granted at the sole discretion of the CRA Board. 8. CRA funding shall: • be made on a reimbursable basis only • 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 9 710 North Federal Hwy., Boynton Beach, FL 33435 —Phone 561-737-3256 Fax 561-737-3258 www.catchboynton.com Comment [MC3] Should private sector organizations be required to donate 50% of their proceeds to a non-profit? How is the receiving 'non-profit selected. Does there need to be outlined criteria for which non profits would be. eligible? 12. CRA funds will be disbursed upon deliverance of appropriate receipts, the completed evaluation form, photos and all documentation for actual costs incurred. Funding Request Criteria Applications will be 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 Staff and sent to the CRA Board of Directors for approval. Required Information All proposals for funding must be accompanied by a complete application and the following attachments. 1. Projected budget for the program, and samples of collateral materials or marketing efforts in Excel format showing sources and uses. 2. A complete listing of the organization's current officers and directors, including addresses and telephone numbers. 3. Samples of evaluation tools and results from prior year(s), if applicable. 4. One copy each of the following documentation: a. IRS Determination letter; and b. Florida Department of State, Division of Corporations Detail by Entity Name Report; and c. Most recent Form 990 and Schedule A or 990EZ. d. Form 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. Demonstration of the ability to provide the following: a. Insurance for the event b. 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. went Costs That May be Funded 1. Promotional activities and advert 2. Mail outs and flyers. 3. Special Event Insurance. 4. Tent Rental. 5. Port -O -Let Rental. 6. Traffic Barricades. 7. 8. 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 a 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 Boynton Beach Community Redevelopment Agency Special Events and Promotional Assistance Application Date Submitted Name of Business or Organization Address City and Zip Code Date Approved Contact Person/Title Phone Projected Budget Estimated Project Start Date Has this event received past CRA funding? Amount Requested Estimated Project End Date 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 i I _ 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 I00 -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 Meeting Minutes CRA Advisory Board Boynton Beach, Florida December 7, 2017 December 5, 2017. A total of $4.6 million has been obligated to the Town Square project, either through the high school renovation, site work, etc. If the City Commission goes forward with the 30% improvement in GNP and also goes forward with the Phase II contract, Mr. Simon stated that in the summer they will re- examine the amounts needed for this fiscal year. He was not sure if they would do a year-to-year amendment or a perpetual ILA. He reiterated that $2.5 million was pledged in the budget and another $2.5 in the ILA. [Dr. DeVoursney arrived at 6:36 p.m.] 5. Public Comment (moved to end of agenda) 6. Consent A. Approval of Advisory Board Minutes - November 2, 2017 Motion made by Mr. Maharajh, seconded by Mr. Murphy, to approve the minutes of the November 2, 2017, meeting as presented. In a voice vote, the motion passed unanimously (7-0). B. 2018 CRAAdvisory Board Meeting Dates Mr. Simon noted there were location changes in April and November Motion made by Mr. Hendricks, seconded by Ms. Falco-DiCorrado, to approve the dates and venues for the 2018 CRA Advisory Board meetings. In a voice vote, the motion passed unanimously (7-0). 7. Assignments A. Pending Assignments - None B. Reports on Pending Assignments - None C. New Assignments from November 14, 2017, CRA Board Meeting 1. Review and Revise Current CRA Special Events Grant Chair Cross said the Board was asked to revisit the current Special Events Grant, and Mr. Simon proposed that the Board address the questions appearing in the backup rather than trying to review the document itself. He added that the Board is revisiting this because CRA Board member Romulus gave them a new assignment. He said there is no money for the grants at the time, but it could be allocated. 2 Meeting Minutes CRA Advisory Board Boynton Beach, Florida December 7, 2017 Dr. DeVoursney asked what some of the current grants were. Mr. Simon explained that a Special Events Grant is "tricky" based on the position of the State legislature regarding support of special events by agencies such as the CRA. The bottom line is whether the event is just to have an event (like a puppet show) or if it actively promotes development in the area. The results of any event have to demonstrate fulfillment towards the goals and objectives of the CRA. Mr. Simon proposed renaming the events grant to something other than "Special Events." Mr. Hendricks advised exercising caution in adhering to the State Statute, and suggested calling the grants, "Economic Development Event Grants." Mr. Simon relayed that the Statute says the grant is not for the purpose of social service, because there is other money for that. The goal should be revitalization of the area away from a bricks and mortar vacancy lot layout, assisting in redevelopment. Ms. Falco-DiCorrado asked if the monies could be available to someone who already owns a business outside the CRA but wants to have a grant for the economic development of the CRA. Mr. Simon said that part of the decision would depend on whether it would assist in downtown business. Some CRA District businesses in the area would have to be included. Mr. Simon reviewed the other grants now sponsored by the CRA. The "economic development grant" could provide additional assistance for a smaller business to do a parking lot event that links back to the CRNs goals. Grant recipients could be required to provide post -event data to see if the intent was met. Mr. Simon also suggested they could refocus their current special events on more business-related events. Chair Cross thought there should be matches to the grants, and there should be post - event reporting. She did not think they would want to deal with nonprofits. Mr. Hendricks remarked that a side benefit of events is that they build community and excitement, but the focus needs to be economic development. He thought they could include nonprofits if they could meet the parameters. Mr. Maharajh suggested having David Scott attend a meeting to share where the City of Boynton Beach is as a whole in terms of economic development. He cautioned against working at cross purposes with the City. While she agreed with Mr. Maharajh, Chair Cross said there was no rush since there are currently no funding and no applicants. Chair Cross opened the floor to public comment on the item. Susan Oyer, 140 SE 27 Way, believed the whole idea is "overdone" and a "waste of money." She believed something better could be done with the money - perhaps the CRA could put on another signature event instead that provides City and CRA with recognition and benefits more than one specific entity. She suggested perhaps allocating the dollars toward Town Square if they do not do a big event. Ms. Oyer said the CRA should be watching its money carefully instead of spending it "frivolously." 3 Meeting Minutes CRA Advisory Board Boynton Beach, Florida December 7, 2017 Mr. Hendricks commented that the amount of money is quite small, and he did not consider the events to be frivolous. Ms. Oyer admitted that Ms. Kelly's event was very successful, but did not think others would attract the press, the numbers, and produce the same benefit. She proposed more free or low-cost events for families on the weekends. Dr. DeVoursney mentioned that he liked the approach of an economic development grant, noting that the Board would not have to bestow a grant unless the application was compelling. He pointed out it would entice small businesses to be active in the CRA. Mr. Hendricks said small businesses have a challenge with marketing events, and asked what resources the CRA has that could help them. Mr. Simon remarked that the CRA has a marketing department that only markets local businesses. As an example, he mentioned a full page ad in the Sun Sentinel that could list many businesses, but that no one business could afford. The CRA also has social media resources, but does not have the capability to help with "day -of' activities, such as set-up, security, etc. Chair Cross suggested that they look at the old policy, look over the list of questions from the CRA, and return with ideas for the next meeting. Mr. Simon advised he would send out Statute 163-370 that lists the powers and purposes for which the trust fund money should be spent, activities to be undertaken, etc. Chair Cross closed the floor to public comment on the item. VIII. CRA Board Items for CRA Advisory Board Review & Recommendations A. Old Business 1. None B. New Business 1. Consideration of Purchase of 110 NE 6th Avenue Mr. Simon advised that the appraised value is approximately $36,700. He said the property would not have to be turned over to the City. However, the City owns the adjacent lot on the corner and it could be a neighborhood entryway, adding some square footage from the adjacent lot to create green space. They could also do an RFP for a single-family home through the CDC or Habitat for Humanity. Mr. Simon continued, stating that he was not aware of the City's vision for the property, saying perhaps the CRA could do a partnership with the City for housing. The property could be developed either by the CRA or by the City. .19 Statutes & Constitution : View Statutes : Online Sunshine Page 1 of 4 Select Year: 2017 � Go The 2017 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.370 Powers; counties and municipalities; community redevelopment agencies.— (1) Counties and municipalities may not exercise the power of eminent domain for the purpose of preventing or eliminating a slum area or blighted area as defined in this part; however, counties and municipalities may acquire property by eminent domain within a community redevelopment area, subject to the limitations set forth in ss. 73.013 and 73.014 or other general law. (2) Every county and municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the following powers in addition to others herein granted: (a) To make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this part. (b) To disseminate slum clearance and community redevelopment information. (c) To undertake and carry out community redevelopment and related activities within the community redevelopment area, which may include: 1. Acquisition of property within a slum area or a blighted area by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition. 2. Demolition and removal of buildings and improvements. 3. Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, public areas of major hotels that are constructed in support of convention centers, including meeting rooms, banquet facilities, parking garages, lobbies, and passageways, and other improvements necessary for carrying out in the community redevelopment area the community redevelopment objectives of this part in accordance with the community redevelopment plan. 4. Disposition of any property acquired in the community redevelopment area at its fair value as provided in s. 163.380 for uses in accordance with the community redevelopment plan. 5. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the community redevelopment plan. 6. Acquisition by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition of real property in the community redevelopment area which, under the community redevelopment plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property. 7. Acquisition by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition of any other real property in the community redevelopment area when necessary to eliminate unhealthful, unsanitary, or unsafe conditions; lessen density; eliminate obsolete or other uses detrimental to the public welfare; or otherwise to remove or prevent the spread of blight or deterioration or to provide land for needed public facilities. http://www.leg. state.fl.us/STATUTES/index. cfm?App mode=Display_Statute& Search_... 12/27/2017 Statutes & Constitution : View Statutes : Online Sunshine Page 2 of 4 8. Acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in an area consisting principally of land in highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of such blighting influences and for the provision of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income. 9. Acquisition by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition of property in unincorporated enclaves surrounded by the boundaries of a community redevelopment area when it is determined necessary by the agency to accomplish the community redevelopment plan. 10. Construction of foundations and platforms necessary for the provision of air rights sites of housing (and related facilities and uses) designed specifically for, and limited to, families and individuals of low or moderate income. (d) To provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a community redevelopment; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and to agree to any conditions that it deems reasonable and appropriate which are attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a community redevelopment and related activities, and to include in any contract let in connection with such redevelopment and related activities provisions to fulfill such of the conditions as it deems reasonable and appropriate. (e) Within the community redevelopment area: 1. To enter into any building or property in any community redevelopment area in order to make inspections, surveys, appraisals, soundings, or test borings and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted. 2. To acquire by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition any personal or real property, together with any improvements thereon. 3. To hold, improve, clear, or prepare for redevelopment any such property. 4. To mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real property. 5. To insure or provide for the insurance of any real or personal property or operations of the county or municipality against any risks or hazards, including the power to pay premiums on any such insurance. 6. To enter into any contracts necessary to effectuate the purposes of this part. 7. To solicit requests for proposals for redevelopment of parcels of real property contemplated by a community redevelopment plan to be acquired for redevelopment purposes by a community redevelopment agency and, as a result of such requests for proposals, to advertise for the disposition of such real property to private persons pursuant to s. 163.380 prior to acquisition of such real property by the community redevelopment agency. (f) To invest any community redevelopment funds held in reserves or sinking funds or any such funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control and to redeem such bonds as have been issued pursuant to s. 163.385 at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled. http://www.leg. state.fl.us/STATUTES/index. cfm?App mode=Display_Statute& Search_... 12/27/2017 Statutes & Constitution : View Statutes : Online Sunshine Page 3 of 4 (g) To borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the Federal Government or the state, county, or other public body or from any sources, public or private, for the purposes of this part and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the Federal Government for or with respect to community redevelopment and related activities such conditions imposed pursuant to federal laws as the county or municipality deems reasonable and appropriate which are not inconsistent with the purposes of this part. (h) To make or have made all surveys and plans necessary to the carrying out of the purposes of this part; to contract with any person, public or private, in making and carrying out such plans; and to adopt or approve, modify, and amend such plans, which plans may include, but are not limited to: 1. Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements. 2. Plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements. 3. Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of community redevelopment and related activities. (i) To develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight and developing and demonstrating new or improved means of providing housing for families and persons of low income. (j) To apply for, accept, and utilize grants of funds from the Federal Government for such purposes. (k) To prepare plans for and assist in the relocation of persons (including individuals, families, business concerns, nonprofit organizations, and others) displaced from a community redevelopment area and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the Federal Government. (l) To appropriate such funds and make such expenditures as are necessary to carry out the purposes of this part; to zone or rezone any part of the county or municipality or make exceptions from building regulations; and to enter into agreements with a housing authority, which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by such county or municipality pursuant to any of the powers granted by this part. (m) To close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places and to plan or replan any part of the county or municipality. (n) To organize, coordinate, and direct the administration of the provisions of this part, as they may apply to such county or municipality, in order that the objective of remedying slum and blighted areas and preventing the causes thereof within such county or municipality may be most effectively promoted and achieved and to establish such new office or offices of the county or municipality or to reorganize existing offices in order to carry out such purpose most effectively. (o) To develop and implement community policing innovations. (3) The following projects may not be paid for or financed by increment revenues: (a) Construction or expansion of administrative buildings for public bodies or police and fire buildings, unless each taxing authority agrees to such method of financing for the construction or expansion, or unless the construction or expansion is contemplated as part of a community policing innovation. http://www.leg. state.fl.us/STATUTES/index. cfm?App mode=Display_Statute& Search_... 12/27/2017 Statutes & Constitution : View Statutes : Online Sunshine Page 4 of 4 (b) Installation, construction, reconstruction, repair, or alteration of any publicly owned capital improvements or projects if such projects or improvements were scheduled to be installed, constructed, reconstructed, repaired, or altered within 3 years of the approval of the community redevelopment plan by the governing body pursuant to a previously approved public capital improvement or project schedule or plan of the governing body which approved the community redevelopment plan unless and until such projects or improvements have been removed from such schedule or plan of the governing body and 3 years have elapsed since such removal or such projects or improvements were identified in such schedule or plan to be funded, in whole or in part, with funds on deposit within the community redevelopment trust fund. (c) General government operating expenses unrelated to the planning and carrying out of a community redevelopment plan. (4) With the approval of the governing body, a community redevelopment agency may: (a) Prior to approval of a community redevelopment plan or approval of any modifications of the plan, acquire real property in a community redevelopment area by purchase, lease, option, gift, grant, bequest, devise, or other voluntary method of acquisition; demolish and remove any structures on the property; and pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses. (b) Assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this subsection, in the event that the real property is not made part of the community redevelopment area. History.—s. 9, ch. 69-305; s. 7, ch. 77-391; s. 11, ch. 84-356; s. 7, ch. 93-286; s. 8, ch. 94-236; s. 8, ch. 98-314; s. 10, ch. 2006-11; s. 6, ch. 2006-307; s. 9, ch. 2007-5. Copyright © 1995-2017 The Florida Legislature • Privacy Statement • Contact Us http://www.leg. state.fl.us/STATUTES/index. cfm?App mode=Display_Statute& Search_... 12/27/2017 Statutes & Constitution : View Statutes : Online Sunshine Page 1 of 5 Select Year: 2017 � Go The 2017 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.387 Redevelopment trust fund.— (1)(a) After approval of a community redevelopment plan, there may be established for each community redevelopment agency created under s. 163.356 a redevelopment trust fund. Funds allocated to and deposited into this fund shall be used by the agency to finance or refinance any community redevelopment it undertakes pursuant to the approved community redevelopment plan. No community redevelopment agency may receive or spend any increment revenues pursuant to this section unless and until the governing body has, by ordinance, created the trust fund and provided for the funding of the redevelopment trust fund until the time certain set forth in the community redevelopment plan as required by s. 163.362(10). Such ordinance may be adopted only after the governing body has approved a community redevelopment plan. The annual funding of the redevelopment trust fund shall be in an amount not less than that increment in the income, proceeds, revenues, and funds of each taxing authority derived from or held in connection with the undertaking and carrying out of community redevelopment under this part. Such increment shall be determined annually and shall be that amount equal to 95 percent of the difference between: 1. The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of a community redevelopment area; and 2. The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the community redevelopment area as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority prior to the effective date of the ordinance providing for the funding of the trust fund. However, the governing body of any county as defined in s. 125.011(1) may, in the ordinance providing for the funding of a trust fund established with respect to any community redevelopment area created on or after July 1, 1994, determine that the amount to be funded by each taxing authority annually shall be less than 95 percent of the difference between subparagraphs 1. and 2., but in no event shall such amount be less than 50 percent of such difference. (b)1. For any governing body that has not authorized by June 5, 2006, a study to consider whether a finding of necessity resolution pursuant to s. 163.355 should be adopted, has not adopted a finding of necessity resolution pursuant to s. 163.355 by March 31, 2007, has not adopted a community redevelopment plan by June 7, 2007, and was not authorized to exercise community redevelopment powers pursuant to a delegation of authority under s. 163.410 by a county that has adopted a home rule http://www.leg. state.fl.us/STATUTES/index. cfm?App mode=Display_Statute& Search_... 12/27/2017 Statutes & Constitution : View Statutes : Online Sunshine Page 2 of 5 charter, the amount of tax increment to be contributed by any taxing authority shall be limited as follows: a. If a taxing authority imposes a millage rate that exceeds the millage rate imposed by the governing body that created the trust fund, the amount of tax increment to be contributed by the taxing authority imposing the higher millage rate shall be calculated using the millage rate imposed by the governing body that created the trust fund. Nothing shall prohibit any taxing authority from voluntarily contributing a tax increment at a higher rate for a period of time as specified by interlocal agreement between the taxing authority and the community redevelopment agency. b. At any time more than 24 years after the fiscal year in which a taxing authority made its first contribution to a redevelopment trust fund, by resolution effective no sooner than the next fiscal year and adopted by majority vote of the taxing authority's governing body at a public hearing held not less than 30 or more than 45 days after written notice by registered mail to the community redevelopment agency and published in a newspaper of general circulation in the redevelopment area, the taxing authority may limit the amount of increment contributed by the taxing authority to the redevelopment trust fund to the amount of increment the taxing authority was obligated to contribute to the redevelopment trust fund in the fiscal year immediately preceding the adoption of such resolution, plus any increase in the increment after the adoption of the resolution computed using the taxable values of any area which is subject to an area reinvestment agreement. As used in this subparagraph, the term "area reinvestment agreement" means an agreement between the community redevelopment agency and a private party, with or without additional parties, which provides that the increment computed for a specific area shall be reinvested in services or public or private projects, or both, including debt service, supporting one or more projects consistent with the community redevelopment plan that is identified in the agreement to be constructed within that area. Any such reinvestment agreement must specify the estimated total amount of public investment necessary to provide the projects or services, or both, including any applicable debt service. The contribution to the redevelopment trust fund of the increase in the increment of any area that is subject to an area reinvestment agreement following the passage of a resolution as provided in this sub -subparagraph shall cease when the amount specified in the area reinvestment agreement as necessary to provide the projects or services, or both, including any applicable debt service, has been invested. 2. For any community redevelopment agency that was not created pursuant to a delegation of authority under s. 163.410 by a county that has adopted a home rule charter and that modifies its adopted community redevelopment plan after October 1, 2006, in a manner that expands the boundaries of the redevelopment area, the amount of increment to be contributed by any taxing authority with respect to the expanded area shall be limited as set forth in sub -subparagraphs 1.a. and b. (2)(a) Except for the purpose of funding the trust fund pursuant to subsection (3), upon the adoption of an ordinance providing for funding of the redevelopment trust fund as provided in this section, each taxing authority shall, by January 1 of each year, appropriate to the trust fund for so long as any indebtedness pledging increment revenues to the payment thereof is outstanding (but not to exceed 30 years) a sum that is no less than the increment as defined and determined in subsection (1) or paragraph (3)(b) accruing to such taxing authority. If the community redevelopment plan is amended or modified pursuant to s. 163.361 (1), each such taxing authority shall make the annual appropriation for a period not to exceed 30 years after the date the governing body amends the plan but no later than 60 years after the fiscal year in which the plan was initially approved or adopted. However, for any agency created on or after July 1, 2002, each taxing authority shall make the annual appropriation for a period http://www.leg. state.fl.us/STATUTES/index. cfm?App mode=Display_Statute& Search_... 12/27/2017 Statutes & Constitution : View Statutes : Online Sunshine Page 3 of 5 not to exceed 40 years after the fiscal year in which the initial community redevelopment plan is approved or adopted. (b) Any taxing authority that does not pay the increment revenues to the trust fund by January 1 shall pay to the trust fund an amount equal to 5 percent of the amount of the increment revenues and shall pay interest on the amount of the unpaid increment revenues equal to 1 percent for each month the increment is outstanding, provided the agency may waive such penalty payments in whole or in part. (c) The following public bodies or taxing authorities are exempt from paragraph (a): 1. A special district that levies ad valorem taxes on taxable real property in more than one county. 2. A special district for which the sole available source of revenue the district has the authority to levy is ad valorem taxes at the time an ordinance is adopted under this section. However, revenues or aid that may be dispensed or appropriated to a district as defined in s. 388.011 at the discretion of an entity other than such district shall not be deemed available. 3. A library district, except a library district in a jurisdiction where the community redevelopment agency had validated bonds as of April 30, 1984. 4. A neighborhood improvement district created under the Safe Neighborhoods Act. 5. A metropolitan transportation authority. 6. A water management district created under s. 373.069. 7. For a community redevelopment agency created on or after July 1, 2016, a hospital district that is a special district as defined in s. 189.012. (d)1. A local governing body that creates a community redevelopment agency under s. 163.356 may exempt from paragraph (a) a special district that levies ad valorem taxes within that community redevelopment area. The local governing body may grant the exemption either in its sole discretion or in response to the request of the special district. The local governing body must establish procedures by which a special district may submit a written request to be exempted from paragraph (a). 2. In deciding whether to deny or grant a special district's request for exemption from paragraph (a), the local governing body must consider: a. Any additional revenue sources of the community redevelopment agency which could be used in lieu of the special district's tax increment. b. The fiscal and operational impact on the community redevelopment agency. c. The fiscal and operational impact on the special district. d. The benefit to the specific purpose for which the special district was created. The benefit to the special district must be based on specific projects contained in the approved community redevelopment plan for the designated community redevelopment area. e. The impact of the exemption on incurred debt and whether such exemption will impair any outstanding bonds that have pledged tax increment revenues to the repayment of the bonds. f. The benefit of the activities of the special district to the approved community redevelopment plan. g. The benefit of the activities of the special district to the area of operation of the local governing body that created the community redevelopment agency. 3. The local governing body must hold a public hearing on a special district's request for exemption after public notice of the hearing is published in a newspaper having a general circulation in the county or municipality that created the community redevelopment area. The notice must describe the time, date, place, and purpose of the hearing and must identify generally the community redevelopment area covered by the plan and the impact of the plan on the special district that requested the exemption. http://www.leg. state.fl.us/STATUTES/index. cfm?App mode=Display_Statute& Search_... 12/27/2017 Statutes & Constitution : View Statutes : Online Sunshine Page 4 of 5 4. If a local governing body grants an exemption to a special district under this paragraph, the local governing body and the special district must enter into an interlocal agreement that establishes the conditions of the exemption, including, but not limited to, the period of time for which the exemption is granted. 5. If a local governing body denies a request for exemption by a special district, the local governing body shall provide the special district with a written analysis specifying the rationale for such denial. This written analysis must include, but is not limited to, the following information: a. A separate, detailed examination of each consideration listed in subparagraph 2. b. Specific examples of how the approved community redevelopment plan will benefit, and has already benefited, the purpose for which the special district was created. 6. The decision to either deny or grant an exemption must be made by the local governing body within 120 days after the date the written request was submitted to the local governing body pursuant to the procedures established by such local governing body. (3)(a) Notwithstanding the provisions of subsection (2), the obligation of the governing body which established the community redevelopment agency to fund the redevelopment trust fund annually shall continue until all loans, advances, and indebtedness, if any, and interest thereon, of a community redevelopment agency incurred as a result of redevelopment in a community redevelopment area have been paid. (b) Alternate provisions contained in an interlocal agreement between a taxing authority and the governing body that created the community redevelopment agency may supersede the provisions of this section with respect to that taxing authority. The community redevelopment agency may be an additional party to any such agreement. (4) The revenue bonds and notes of every issue under this part are payable solely out of revenues pledged to and received by a community redevelopment agency and deposited to its redevelopment trust fund. The lien created by such bonds or notes shall not attach until the increment revenues referred to herein are deposited in the redevelopment trust fund at the times, and to the extent that, such increment revenues accrue. The holders of such bonds or notes have no right to require the imposition of any tax or the establishment of any rate of taxation in order to obtain the amounts necessary to pay and retire such bonds or notes. (5) Revenue bonds issued under the provisions of this part shall not be deemed to constitute a debt, liability, or obligation of the public body or the state or any political subdivision thereof, or a pledge of the faith and credit of the public body or the state or any political subdivision thereof, but shall be payable solely from the revenues provided therefor. All such revenue bonds shall contain on the face thereof a statement to the effect that the agency shall not be obligated to pay the same or the interest thereon except from the revenues of the community redevelopment agency held for that purpose and that neither the faith and credit nor the taxing power of the governing body or of the state or of any political subdivision thereof is pledged to the payment of the principal of, or the interest on, such bonds. (6) Moneys in the redevelopment trust fund may be expended from time to time for undertakings of a community redevelopment agency as described in the community redevelopment plan for the following purposes, including, but not limited to: (a) Administrative and overhead expenses necessary or incidental to the implementation of a community redevelopment plan adopted by the agency. http://www.leg. state.fl.us/STATUTES/index. cfm?App mode=Display_Statute& Search_... 12/27/2017 Statutes & Constitution : View Statutes : Online Sunshine Page 5 of 5 (b) Expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the governing body or the community redevelopment agency for such expenses incurred before the redevelopment plan was approved and adopted. (c) The acquisition of real property in the redevelopment area. (d) The clearance and preparation of any redevelopment area for redevelopment and relocation of site occupants within or outside the community redevelopment area as provided in s. 163.370. (e) The repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness. (f) All expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of bonds, bond anticipation notes, or other form of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness. (g) The development of affordable housing within the community redevelopment area. (h) The development of community policing innovations. (7) On the last day of the fiscal year of the community redevelopment agency, any money which remains in the trust fund after the payment of expenses pursuant to subsection (6) for such year shall be: (a) Returned to each taxing authority which paid the increment in the proportion that the amount of the payment of such taxing authority bears to the total amount paid into the trust fund by all taxing authorities for that year; (b) Used to reduce the amount of any indebtedness to which increment revenues are pledged; (c) Deposited into an escrow account for the purpose of later reducing any indebtedness to which increment revenues are pledged; or (d) Appropriated to a specific redevelopment project pursuant to an approved community redevelopment plan which project will be completed within 3 years from the date of such appropriation. (8) Each community redevelopment agency shall provide for an audit of the trust fund each fiscal year and a report of such audit to be prepared by an independent certified public accountant or firm. Such report shall describe the amount and source of deposits into, and the amount and purpose of withdrawals from, the trust fund during such fiscal year and the amount of principal and interest paid during such year on any indebtedness to which increment revenues are pledged and the remaining amount of such indebtedness. The agency shall provide by registered mail a copy of the report to each taxing authority. History.—s. 11, ch. 77-391; s. 78, ch. 79-400; s. 9, ch. 83-231; s. 15, ch. 84-356; s. 27, ch. 87-224; s. 35, ch. 91-45; s. 4, ch. 93-286; s. 10, ch. 94-236; s. 1, ch. 94-344; s. 10, ch. 98-314; s. 8, ch. 2002-18; s. 8, ch. 2002-294; s. 7, ch. 2006-307; s. 1, ch. 2016-155. Copyright © 1995-2017 The Florida Legislature • Privacy Statement • Contact Us http://www.leg. state.fl.us/STATUTES/index. cfm?App mode=Display_Statute& Search_... 12/27/2017 BEA CHN . CRA ©©000 .....BEA Socia/MedisOutreachProgram Social Media = Succe$$ How the Social Media Outreach Program (SMOP) is helping small businesses in the Boynton Beach CRA District. AW a Bme OYNTON CRA ©DODO r....BEACH SOMI Ned%s O u tre a c h Program PRIPW AIMS.W Members 38 Active Businesses (January_ 2018 4 Reel Services Amanda James Gallery Art Sea Living Bailey's Blendz Benchmark Painting & Carpentry The Blossom Shoppe Boardwalk Italian Ice & Creamery Boss Tacos Boynton Beach Dive Center Comfort Keepers Cooperative Real Estate Alliance Del Sol Bakery Dianett's Artist Lounge Easy Pedestal Gilby's Restaurant Healing Heart Vet Hurricane Alley Infusions Cafe Imperial Maid Service Jamerican Cuisine James Knill Photography Joni's Grooming Magick In Your Kitchen Miller Land Planning Miss T's Foods Music Strings Penn Nails and Spa Pit Bull BBQ Posh Realty Schmidt Stained Glass Secret Garden Cafe Solinda Waxing Oasis South Florida Mastercraft Splashdown Divers That's Amore Pizza Underwater Explorers Yogafit Red - Senior Business in Program Blue - New Business in Program ,,.qf^ BOYNTON =BEACH CRA ©OOO SeeisiMedisOutreach Program Events Pop -t p Tapas Dinner ..Iem N.ew ®Irilusionscafe . Followmg :nous o -s ,34e infusionscafe TWO MORE DAYS to reserve our table for this months Pop -Up Tapas Dinner! Saturday. December 2nd at 6:30. RSVP NOW: Q Call or text 561-578-0272 infusionscafe +boyntonbeach +popupdinner -taoas-tapasmght+saturdaymght : isaturdaydinner+saturdayeventolakeworth �delraybeach •westpalmbeach +lantana •d!nnerevent wirfusionscafe ,4 +secretgardencafe •dovebb +bbpr�de +freshmgredients +locatrestaurant +thingstodo +palmbeachesf+ Othepalmbeaches esouthflondaeats -soflofocdf!nds srirachahouse d century2lwieder Cool post! ttl V 0 41 likes Fel Infusions Cafe' • Sold out last three Monthly Pop -Up Dinners • Total attendance: 90 people • Total sales: $3,200 E '='BOACHN CRA ©©000 ....BE SociaiMedia Ou trea ch Program FIT, 0 91 Evert Art -Sea Living Studio • At least 75% of business comes from social media • More than $11,000 in sales per month • Popular classes sold out or have waiting list Upcon x ASI r —won. Intuitive Painting 11 T nu 6 PNI Art -Sea Loving Stucco Boyntor Beach * Interested Fluid Pour Painting Workshop 4 Sun ' PFA Ar'. -Sea _iving Studio Boynton Beacn * Interested Mosaic Workshop 115 1p 15 Mon 1 PM Art -Sea -wing Studio Boyrton Beacr * Interested You tyke Art -Sea b "BEAN CRA ©©O©O �..�BECH Socia/MedisOutreachPrvgram Events The Boardwalk Italian Ice & Creamery - Boynton Beach. FL •.. it a nev. )Motes Hey guys come on down to the boardtaalk Italian ice creamer and enlov the boardvralk experience with our new hours for grilling and fried items starting at 1 PlA Enjoy our expanded• outdoor W'Experience! "GRILLIN' ON THE BOARDWALK" Friday - Saturday - Sunnay 1 pm to Spm *M8(IIBf PBRJI%QI/19 ITALIAN STYLEAMERICAN HOT DOGS and GRILLED' HOT DOCS -a mvn,�-. rrlrsh, �, . ,,,. W FOODS ARE BACK! ILIAN STYLE SAUSA( BOARDWALK u a cAxFS • ZEPPow - ofty P- INPOPIPM'aim rno I FRIES - DRINKS t*"Ets . tw"tt+Ex Friday - Saturday - Sundal:riday - Saturday - Sun y - Saturday - Sur fpm to 99m fpm to qpm fpm to 9pm 1Md�MCa-rh.: 'wwr"w. (v.F"4 tWa^^v f.•-•.a..y The Boardwalk Italian Ice & Creamery Sold out of hot dogs, sausages and buns in two days At least 70 customers Made roughly $500 in just sandwiches BOYNTON CRA ©©O©O ......BEACH auciai Media O u t r e a c h Program Events YogaFit • Two community Facebook events per month • 27% of guests sign up for week trial membership • May -December: o About 40 memberships o Approx. $19,000 in membership fees ($89) Boynton Beach CRA Tared YogaFit Studios (Boynton Beach, FL) s even: '+rtdls►ta} try Ma» Mw'17- Navy-mher F, 7017 • 0 November is a time where we should give thanks for what we have. Join our friends over at YogaFit Studios for a free even; and helping out South Florida families that may not have a meal for Thanksgiving this year. A small donation goes a long way! (Please see the approved items for donation listed on the event). Move, Groove & Give Beckl 7 Tue 7 PM YogaFit Studios (Boynton Beach, Fi It 672 people reached YogaFit BOYNTON CRA 00000 ....BEACH Events Healing Heart,lnc. CONGRATULATIONS to our raffle winners and an enorrrous, heartfelt THANK YOU to all who participated in the contest or purchased one o` Tina's knitted creations to help us raise funds for the ANGEL S TOUCH charity. Many, many families wil' be benefting from your kindness and generosity this holiday season, and you have warmed our hearts as well!!! Healing Hearts, Inc. Raised nearly $ 1,100 by utilizing Facebook for Angel's Touch Charity 210 Tickets Sold Roughly 70% of sales from social media inquires BOYNTON CRAoeoo ....BEACH -�SociaiMWsOutreach- Product Sales 00 Cooperative Real Estate Alliance Cooperative Real Estate w It's time to get some structure behind the goal of buving your new home Contact us %1-880-8288 or bo�ntcnbeachrealestatepros@grnail.com AI I i a n ce Located off! -95 Exit 57 Bovnton Beach Blvd in the Subwav Regional Headquarters buildinq do r Became member of SMOP in September lam, y�tr- Sold three houses in three ... months $UY4 �'l Total sale of houses. r :- $830,000 0 • CRA00000 Product Sales The Boardwalk Italian Ice & Creamery Ad about new flavor brought in customers Sold out of candy cane ice cream flavor in one day One FREE post = $360 in sales TheBoardwalklce Now offering our candy cane ice cream! The perfect Holiday treat on a hot winter day in Florida. 4 '"1 #icecream #candycane #desserts #holidaytreat #ChristmasInFlorida %4b r e � 3 EI BOYNTON ��1A ©0040 IF SAMI Media 0 u tre a c h Proyram Mr Product Sales Healing Heart}lnc. _ .e "'1!s °age Hello everyone! We are now on Instagram and are hosting a giveaway! Just follow the instructions in the picture below to qualify for a chance to receive 2 free swim sessions for your pet at Jessie's Pool. Thank vou! jessic'ST001 at Healing Heart Grounds We are giving away 2 REE swim sessions at -1 For a chance to WIN: Follow Us On In>tx ram Like thi. t•hoto &- Tag it friend in the comment.: —Contest Ends 8/25/17— w.rnatagrarn.rnm he alinghenrivet www.}........... heallnphear(a.. �E 222 WEST BOYNTON BEACH BLVC). BOYNTON BEACH, FL 33435 00� VVWVV.HEALINGHEARTV ET. COM 'u t Healing Heart, Inc. (December 2017) • 18% increase in phone inquires & appointments • Average of 80 appointments per week • Approx. sales: $5,700 BOYNTON CRA ©0000 ....BEACH I IF A SociaiMediaOutreachProgram L'V.ili' Product Yo a F it 0 YogaFit Studios (Boynton Beach. FL) 0 (January 2 018) Take one of our morning classes and start your day the right a av! 9.45am YOGABURN 11:00arn vOGARESTORE • Generating sales as a direct result of product -related posts • Company reported nine new memberships ($89) in one week • 200% increase in class turnout BOYNTON ppA MBEACHN.AV100000 Sven Medis Ou trea ch Program Product Sales ' SoLinda Waxing Oasis &1 0 Make your Holidays Smooth & v,rth a perfect Glow Gift certificates today for %%axino & airbrush 'ansill 561-336-4362 EROM��- Solinda Waxing Oasis • 30% increase in new customers from social media • Weekly sales increase: Approx. $1,050 • Returning customers generated from targeted ads and promotions BOYNTONCRA©©000 r...BEACH Seeia/M8,09Outreach Prayram MW Product Infusions Cafe t � 1* WE k -J jo Chicken Pesto Melt :O M AL M1 . tNIaS10NS CAFE J Infusions Cafe' • Instagram "story" leads to direct purchases • Two new customers, three gift certificates sold • Total revenue: Approx. $100 BCOY NTON�p/� =BE ACHICRA ©00©O S®cis/Me� lis O u tre a c h Program AA 9 Engagement ,ufn.► Art -Sea Living Studio snared INSIDER styles video — ar, V Art - Sea Living Studio Should are do this? Thanks Veronica Hoyos-PachecOW L"=r Product Improvement 0V Y 53 Leah Joslin Definitely Like Reply Q 1 - October 2, 2097 at 9r52arn Juli Lassiter YesY IV Like Reply O 9 - October 2, 2017 at 5:37pm Carol Lazzarino Yes I am in Like - Reply - Q 1 - October 2. 2017 at 6,05pm Like Reply Q at Anaie Amorim'Ne satyr a'ady doing this in Colorado. It looked like so much funY1 Robyn Fish Yes takes tye dye to a whole new level. Like Reply - October 4, 2017 at 12:03am �T1 a ep Y 0 Write a comment.. 9 � I; , .BEAN (.... CH CRA©40©O BEA Socia/Media O u tre a c h Program A Engagement Word—of-Mouth Referrals (Dj,0-9gela Juliano. Glenn Mastrostefano Sr and 47 others Top Comments t�►, Kelsey Leigh Floyd Mar Lynn Craig Bilawsky if you haven't been: GO! It will remind you of home so quick and the ice cream and Italian ice flavors and creations are all amazing! Like Reply Message ( 2 � December 17. 2017 at 3:10am s IWO Kelsey Leigh Floyd Mar Lynn Craig BilawsKy if you haven't been: GO! It will remind you of home so quick and the ice cream and Italian ice flavors and creations are all amazing! Debbie Lopez Justine Jalbert this the place you have been talking about? Yurn---Thinking after Christmas date. Lol Like Reply Message - December 10, 2017 at 7:23am GO.* Debbie Lopez ,st ne .,a oer: this the place you have been talking about? Yum. -.Thinking after Christmas date. Lol Like Reply Message - December 18, 2017 at 7:23am --_---- ------ -- — --- ---- .W Jessica Bayer Leisha Gernstadt have you guys been here yet? C ,L ft The Boardwalk Italian Ice 8 Creamery - Boynton Beac Lire Reply P.,lessage December 17, 2017 at 2-08pm ublished by Joseoh Hurtuk III ?i December 16. 2017 at 2:69wn at the Bobby G Prince Jr. Awesome water ice urinal c axes fried Greos Zeppoli s and lots C` other good stutYG Like Reply rJlessage December 18, 2017 at 10 40a boarciv,alk Italian ice and creamer} come on dov.,n and get you some Write a comment.-. B'BE'AM CRA ©000 ..::BEACH � O Sommeas O u t re a c h Program AN WIF Engagement CustomerRelations m0 W Paula Melley, Bradley Clement and 32 others Chronological THANK YOU! One year ago today I was able to open Infusions Cafe. It was 4 Shares a dream come true. Thank you to everyone who has supported my dream. N because of you I am able to celebrate my ONE SEAR ANNIVERSARY L today! Thank you! We are open for lunch come celebrate with me 11 am- moo, J 2:30pm. Hope to see voul L PA. icki Calicchio Congratulations Dena!! ike Reply Message 0 1. December 14, 2017 at 10-19am ohn C Lanza YAYP! Congratulationslll So proud of youl ike Rerlv message 0 ' _, -ember 14. 2017 at 10 30a - Christine Gattuso Congratulations Dena! Your food always looks amazing— Linda Makransky Hirnmelbaum Congratulations Dena BalkaM your staff are awesome. The food is delicious. December 14. 2017 at 12-28pm IsHalima Lachmansingh Congratulations! Like Reply Alessage 0 ' December 14, 2D17 at 4:D21)r.? Debby Coles-Dobay Congratulations! 1 ilrn P -1•w KA ..ono A ' _r -ar 1A 'X117 of F-AQ— Jane York Congrats, Dena! Your Michigan friends wit see you soon. Can't watt to enjoy your masterful infusions again!! Like Reply Message December 15, 2017 at 10:57am BOYNTON BEACHCRA ©oeoo I . Socia/Media 0 u tre a c h Program AL. IIMW .IqW Brand Awareness Reviews Klrt RMwIe _KUHT�n RC.I r 5't•a AI iMP e .,- • � rm Illi! f010 ms noose am oa an abfo4leh alnannq pD I can! mart 'nem en^ugn nap a npnl Ahth I cotta no kNplr a!rorp Toe lNanr xoulDn 1 AOIk Mtm mew I <oukp keep me ndrle rhe bona ras Aar'A kss man i otRC w I cOUa111 fell r I alw. Mn I haw Delo at* b mm n Wmf M7 `-1 flap aM Aome m ate maA!! rpr a \!K NPA anM11L'1 Kalb! ora <paD not sea a Alhpin lD+aq a Id Or mCAN I hap CdK111OLa U4Y TV OM ODIIUI rt'a510 �!! I lye rR. Q cu at na , sn•r. 00= VCooaerallw R•a1 E"a AM— rho ,s w aT nq Ntknan, I IAe -10w. ' rw e.+won In l.11M va naq voWV e Red. F� �i R¢nt Rson Louts . -.: (:naperauw Real Estate Murcr 0 .. � M Jamey sne l lure are me OeSt They po aoow am bnora!o make sole mea oR - pN Rfe heft once br IIIeP none rrm bat! nwo <M1Hgy I nap nM! mem rnev Mer< .� •o pet weer concoskaM aIb xctae me o4r EelDlr ate ks!xg a!a apprauc e 1 —W fil. M recamnera!hem _. Fu•!•Aalan[•Y.•apdr.�aM�Rcnry»n is lna^ Cooperative Meal Estate Alliance Identity Ae?" SGLlndaWacingOast- Aft .- Come In to get one o' Out organK award -Winning custom airbrush tans I oday and get 334 ofn IV,' r'antashc Thumdas bsprastan atanmmngsalon 0CM10MI111) ri rboyntonbeach SCAIWCr Beach �Innda Bosnron Beam CRA V V! IU ii 90MdI'Y19 wy&rf u 6 Engagement Art -Sea Living Stutllc -" 1. This Sunday 1015 1p toin us for Mosaic -Ing. Text for more Info 561.371 - Jody, s.a..;,, ,,...,.I: �Iv L -ffV A V I N G . wnere art meets soul BOYNTONDp //�� =BEACH CRA 4©OoO Socia/Me�lisOutreachProgram PRO 0 LX.LX.-L.- Spot Features South Florida PBS Boynton Bwch CRA ., 1 - - 'he BoarchvalK Italian Ice 8. " Crearren - Botinton Beach -L Ince video 1%4 Cornell Art Museum S. Cornell Art Museum UAW Don't miss fl Delray's own #Amandalohnson's figurative paintings in our Spotlight #Gallery alongside our "#LookingGlass" exhibition - opens 11/8 =2 Palm Beach Post 106% Italian eater` to Open in retail, - residential plaza i - OY ad.• -pa -.--- -03t- Beach Post S!a+' ....-....d,,......w. .. a «.... w. -� ...,,,... �..........� <.,.. -....w a+ w..r. as- n.rw.w.w...+ I B "NTON BEACH CRA 44000 r...BEACH OWN SodaiMedis O u tre a ch Program Next Steps Visibility INcater ynrli-'rail 1� r-- on be.... i BOYNTON BEACH COMMVNITI' REOEVELOPMCMTAGENCY mw BOYNTON =BEACHICRA©©000 Social Media 0utreac h Program 10 41 o-i'Sw 7 j� I �" eeeotaee�dtw ` .. \Ak ioelsooaoea � 1 �.- 000aoaeo■ s�ocs0000��o r , Facebook Group 30YNTON .".'.'rBEACH CRAo SociaiMedia Outt nrW.rrr..er.rrw..l.�s�srscpl6ow.we. .� ...., aero wavr.r+�re�a e...n rrr rr.e rw rrs Blog Site BOYNT.BEACH CR /A ©0000 • EC" ARWWOP ....BEACH '\^ Soclol Medb Outreach Piogram I ir• to IliCilal 11arArlii�q n ��.-i.�l 11.1i. 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