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Agenda 03-13-18 t [O N� N' 'k B �r v H Y,1 RA Community Redevelopment Agency Board Meeting Tuesday, March 13, 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 4th Annual Blarney Bash 8. Information Only A. Marketing and Business Development Campaign B. Public Comment Log 9. Public Comments 10. Consent Agenda A. Financial Report Period Ending February 28, 2018 B. Monthly Purchase Orders C. Approval of CRA Board Meeting Minutes- February 13, 2018 D. Approval of Contract with Ford Harrison, Global HR Lawyers for Human Resource Services E. Approval of Commercial Rent Reimbursement Grant Program in the amount of$10,800 for Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street in Marina Village F. Approval of Commercial Rent Reimbursement Grant Program in the amount of$10,800 for Farm to Cone LLC d/b/a Wakey Wakey Eggs & Bakey located at 126 W. Boynton Beach Boulevard G. Approval of Commercial Facade Grant Program in the amount of$25,000 for Beercade, LLC located at 126 W. Boynton Beach Boulevard H. Approval of Interior Build-Out Grant Program in the amount of$25,000 for Beercade, LLC located at 126 W. Boynton Beach Boulevard I. Approval of Construction Permit Grant Program for Beercade, LLC located at 126 W. Boynton Beach Boulevard 11. Pulled Consent Agenda Items 12. Public Hearing 13. Old Business A. Consideration of Purchase and Sale Agreement with the Boynton Beach Congregational United Church of Christ, Inc. for the property located at 115 N. Federal Highway. B. Consideration of Request for Reimbursement for FICE Design, Inc.'s Commercial Interior Build-Out Grant Program C. Discussion and Consideration of Payoff of CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA D. Project Update 211 E. Ocean Avenue E. Project Update for 480 E. Ocean Avenue 14. New Business A. Consideration of the Contract for the 2018 Pirate Fest and Mermaid Splash Management Firm, Standing Ovations, LLC B. Consideration of Purchase for the Property Located at 521 N. Federal Highway C. Consideration of the Revised CRA Human Resource Policies and Procedures Manual D. Consideration of Transfer of CRA Owned Lots to the City for the Model REVISED Block Project E. Consideration of Interim Uses for the CRA's Cottage District Project Site F. Consideration of an Interlocal Agreement between the Boynton Beach CRA and Solid Waste Authority of Palm Beach County 15. CRAAdvisory Board A. CRA Advisory Board Agenda- March 1, 2018 B. CRAAdvisory Board Meeting Minutes- March 1, 2018 C. Pending Assignments 1. None D. Reports on Pending Assignments from CRA Board Meeting February 13, 2018: 1. Discussion Regarding Redevelopment for 1110 N. Federal Highway 2. Consideration of Pathways to Prosperity's Grant Agreement for the Boynton Beach CRA Non-Profit Organization Grant Program 3. Consideration of the Guidelines and Application for the Boynton Beach CRA Non-Profit Organization Grant Funding Program 4. Discussion Regarding Redevelopment Options for CRA Owned Parcels within the MLK, Jr. Boulevard Corridor E. New Assignments 1. None 16. Future Agenda Items A. Boynton Beach Boulevard Streetscape Improvement Project Update B. Consideration for Revision to the CRA Procurement Policy Including a Local Business Preference Under a Competitive Process C. Consideration of Parameters for an RFP/RFQ for the CRA Owned Property (Tableau Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District 11/14/17) 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 TESTIMONYAND 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 IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE 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. t 'k i4"BOYN � � I I RA CRA BOARD MEETING OF: March 13, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.A. SUBJECT: Movies in the Park SUMMARY: MARCH RECAP • Last month's Movies in the Park event was held on March 2nd and featured the film Wonder Woman. • Approximately 115 people attended. • Prior to the start of the movie, a video trailer was shown featuring four local CRA businesses: Del Sol Bakery, East Ocean Cafe, Benchmark Painting & Carpentry, and The Blossom Shoppe. A 30-second promotional video for Blarney Bash was also shown. • Guests were treated to birthday cake courtesy of Mayor Grant. As at all Movies in Park events, staff tries to engage the community and gather data from the attendees. 20 event feedback surveys were collected at this event and the results are as follows: • Connection to Boynton Beach: • Live -63% • Work- 5% • Leisure -21% • Visiting - 11% • CRA sponsored events attended: • Pirate Fest-65% • Tree Lighting -45% • Boat Parade - 55% • MLK Celebration of Unity-5% • Blarney Bash -25% • Music on the Rocks - 35% • Movies in the Park -80% • Heard about the event via: • Print- 16% • Banner- 16% • Flyer- 32% • Social Media -24% • Friend -4% • Website - 8% • Age Range: • 20's - 10% • 30's -35% • 40's -30% • 50's - 15% • 60's -5% • Sex: • Male -20% • Female - 75% • Unknown - 5% APRIL MOVIE ANNOUNCEMENT The April 6, 2018 screening of Movies in the Park will feature the film Enchanted. Event details are listed below: • This is a free event that will be held at the Ocean Avenue Amphitheatre starting at 8:30 P.M. and will run until approximately 10:15 P.M. • This Disney film is rated PG and is categorized as a comedic fantasy. • A video trailer of select CRA district businesses will be shown prior to the start of the film. • Gift cards donated by featured CRA district businesses will be given away to guests through a drawing after the movie. EVENT MARKETING Social Media Campaign & Email Blasts-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 February. (Exhibit A) FISCAL IMPACT: FY 2017-2018 Budget, Project Fund line item 02-58500-480, approximately $3,103 expended for March event. 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 Exhibit Movies in the Park Boynton Beach, CRA f, by r-lu�ss3irn P?o20 al IE 42;aq', Exhibit A Movies in the r Vis" Park AI A 479 peopi� reached 0�) Uke Com-nem p:> Share C) marianna winter Ruses and Nlichae�M',son 1 Share Boynton each, CRA acJdi-d .an event, ... A Fpbruc,,,r! 7 0 This ffee event features'family-friendly movies projected on a large inflatable screen set,on the stage of the Ocean Avenue Ampfiltheatre.. Food, snacks, and, beverageswill be available for purchase and the Boynton Beach CRA holds a free raffle, winners receive gift certificates from local businesses. Be sure to get there,eafly to secure a great seat,and free parking is available. For more information,, contact Mercedes Coppin at the Boynton Beach CPA 561-130&9097 A� M?kR Movies in the Park-Won derWontan 2 Fri 7 PVj 129 E Clcean Ave, Boynton Beach, F L a.. Interested h, R Lynton Beach CRA , Fk,d i@s:r5od b°; A!,.:JP+ 1?"EIS-.. --,M Do you like to go to the movies? Core to#[v-10 iesin heP r this Fri-day at 7 ',J in Boynton Keach 12 E_ Ocean Ave.. with the whole family to watch 'Nonde Uoman1 FYI---the first 100 bags of popcorn are, F R E E I A 360 people reachad E Like rn entShare 40 bion Hussain, Robin e"nstein Osb rn anal path rs Top Comrnents x, PUb 3:,"h.�VJ D i k?,M,iu,!-.ah; F 1- 7 jf -Natcn#,NonderWornan this Firlday on the big screen,at#1',JGVleslntheP-q.TK in 3ovinton Beach'Wear your favorite DC Comics costume and receive a -REE bag of popcorn! ED 3oimton each CPA Learn More & IL 3.461 peol-A&reached SRI& Boynton each CRA U, Flrp'C°c'111a-I Next Fr[day #fvio lesinthe alrK features Wonder V omen on the Big Screen at the Ocean Ave. Amphitheatre 129 E. Ocean Ave. at 7 RNLI Bring the iahcle family out for this DC Comics blockbuster_..Don't forget the fiat 100 bags of popcorn are FREE! 3, r Learn More AL 1,99 p&opI&reached t [O N� N' 'k B � � I I RA CRA BOARD MEETING OF: March 13, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.B. SUBJECT: Music on the Rocks SUMMARY: FEBRUARY RECAP • The February 16, 2018 Music on the Rocks event featured the band Reggae Sou1jahs. • There were approximately 300 people in attendance throughout the night. This was by far the most attended Music on the Rocks event of the 2017-2018 season. • Forty-four (44) feedback surveys were collected, revealing the following information about event attendees: • Connection to Boynton Beach: • Resident- 58% • Work- 14% • Leisure - 14% • Visiting - 14% • Heard about event via: • Print- 10% • Banner- 5% • Flyer- 10% • Social Media -22% • Friend - 30% • Website - 11% • Other- 13% • Age Range: • 20's -7% • 30's -29% • 40's -21% • 50's -29% • 60's -7% • 70's -5% • 80's -2% • Sex: • Male -24% • Female - 76% APRIL MUSIC ANNOUNCEMENT Due to the 4th Annual Blarney Bash, there will be no Music on the Rocks event in March. The next event will be held on Friday,April 20, 2018. Event details are listed below: • The featured band will be The Flyers, a Delray Beach based rock band. • This FREE event takes place at the Ocean Avenue Amphitheatre, from 6:00 P.M. to 9:00 P.M. • 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. EVENT MARKETING Social Media Campaign & Email Blasts-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 February. (Exhibit A) FISCAL IMPACT: FY 2017-2018 Budget, Project Fund line item 02-58500-480 - approximately $3,265 expended for February event. 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 Exhibit Music on the Rocks Exhibit A Boyn'ton Beach,CRA Music on the Rocks Feuruary 16th 6 P, 0, A 387 pecp�&reached 6 Like comment Share Adssa AbreU. Lna M Idarraga and 3,3t�ers 2 Shores Q Coll PI) �j Boynton each CRA ... -;F hn F 41' rI n - 6 e , la you love reggae,you're.going to love the next#['-,q Usicomhe Rocks Mtn Reggae Soulphs Band TI ,Aahs Boynton ac;h CR.A Come relax with us at*olusicontbeRocks next Friday and enjoy the vibe th; Regi -ae Sou1jahs Eland brings to downtown F;o ni:cnFeach. I� h Y {t A, :4 peo. �, reached - ® F Boynton Beach CRA ... FAR,j 1 �I'.`, 1.Pµ i-441 ..F.,I i. 1.r:a ,k,rfa Im c. E._v We are looking forward to 4.4,11siconMeRocks this Friday at 6 IDN'll Core join us for happy hour and Food Truck Invasion at the Ocean Avenue Arriphitheatre 129 E. Ocean Ave. in*Ecynton Beach.. o,N.ly,€l yKU 0iI tt � 4 n i A 465 people reached' Boynton B,ea,ch Pubfis,,r,,,i d Uv w':v 'H T, s, 'r -11, 11 1 1 xj,,.:,, 0 J o I n us for h a p py hour and i= rid T rti cK Invasion this Friday at 6 PM! P eg g ae Soul)ahs Band performs LIVE in Boynton Beach 12,9 E. Ocean Ave. at Music on the RocKs. #FreeConcert T—IR:eggae #:Lovel'kll USiC COPA Learn More, A 2.365 -Deopl-= reached Boynton Beach CRA .. I A P u ,��61e,d h,, S,',it! ' Retiruzr,, 1-+ ai 4-,vvm 0 Thinking about#Friday---,�IIIUs!ccnl.heRo(-Rs Reggae SCUIjalhs Band. ovA,11hyKUMIKS8 AL 3i'-Ipeop%a reached J& Like Corm-nent. Share Boynton Beach CRA ... In just 2 hoursr Reggae Sou1jahs Band takes the stage at the Ocean Aveflue Amphitheatrel ow ly,/hyKUBali KSB 1;t "'P'm KAV E A 238 pop'e reached B.oynton Beach Paul Anthony Reggae getting starte=d here in just,20 minutes) Bring the family, your friends and all your neighrdors to 129 E. Ocean for ars amazing concert and Food TrUCk Invasion 4 A fk: IMN`", � I 1 196 pegs ie, reached t i s r:omrne,nt: Share Jami Lyn Cauvin, Food Tpjck Invasion and 2 cthe-ry t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.C. SUBJECT: The 4th Annual Blarney Bash SUMMARY: On Saturday, March 17, 2018, the Boynton Beach CRA will host the 4th Annual Blarney Bash event in the downtown district. Event details are as follows: • The FREE event starts at 4:00 P.M. and ends at 9:00 P.M. • The event will take place along East Ocean Avenue between Seacrest Boulevard and NE 1 st Street. • Live music featuring Rogue Theory, Steeltown Religion, and Celtic Mayhem. • Performance from the students of the Aranmore Academy of I rish Dance. • Food court with a variety of options, including authentic I rish cuisine. • Craft beer selections will be available on tap from local Boynton Beach reweries. • There will be multiple inflatable and interactive activities for children. • There will be a"Best in Green" costume contest for both children and adults. • Retail vendor space is available for $116 for Boynton Beach based vendors and $145 for vendors located outside of Boynton Beach. EVENT MARKETING PLAN Neighborhood News-Working with Neighborhood News to reach out to the western Boynton communities, this marketing strategy will continue to promote downtown Boynton Beach. February's ad featured Blarney Bash with an editorial. Neighborhood News also featured the event on their Facebook page with 857 followers and website. $615.00 (Exhibit A) Delray Beach Newspaper-A full-page ad for Blarney Bash was featured in February's issue of the Delray Newspaper. Reaching over 15,000 direct online readers, a circulation of 12,000 papers distributed to 250 locations in Palm Beach County and a copy mailed directly to over 2,000 homes. $975.00 (Exhibit B) Coastal Star- The Coastal Star newspaper 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 Blarney Bash ad appeared in the northern addition also as a bonus it appeared in the Southern edition, which cover Boca Raton and Highland Beach. $525.00 quarter page ad (Exhibit C) Blarney Bash Flyers — Staff designed a flyer to take to the local schools promoting the 4th Annual Blarney Bash as a family friendly event. (Exhibit D) Stage Banners — Blarney Bash stage banners were created for the East Ocean Amphitheatre to further promote the event. $900.00 (Exhibit E) Gateway Gazette -As part of the ongoing marketing efforts to showcase Boynton Beach 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 Gateway Gazette is featured in Wednesday and Sunday's Sun Sentinel. The ad was also available online at www.sunsentinel.com/community/gateway-gazette/. Every month the ad has a different theme to support the overall mission to promote downtown Boynton Beach. The February 28th ad highlighted Blarney Bash. $429.00 (Exhibit F) Social Media Campaign & Email Blasts-The CRA staff established a strong social media campaign on Facebook, Twitter and I nstagram. The goal is to keep the community engaged and informed about upcoming events. (Exhibit G) FISCAL IMPACT: FY2017-2018 Budget, Project Fund line Item 02-58500-480 -$25,000 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Unless otherwise offered by the CRA Board, a motion is not required at this time. ATTACHMENTS: Description D ExhibitA-F Blarney Bash D Exhibit G Blarney Bash Social Media Exhibit A- Neighborhood News r IN milli ii I 1 A k - ,i - Exhibit B- Delray Newspaper 5 t � k V I s r Far,'HYFurs 11 �`fsrr ��uei usrc #8l'Irxe y avh `- 4 t _ Exhibit C- Coastal Star s e 1 i � 1 � � F y , w S 3 F: all, . b , 1 Exhibit D- Blarney Bash High School Flyers g f { - z Y j`AF�lr {{r+ t l-� S 3 !� J jL3sic 1313LARNEYt3ASH ( 1111t11111Y+} t� } y Exhibit D - Blarney Bash Elementary School Flyers s U i ry � ,- ll — a k FA/LyFUA, � E 4 f U v►�� 4� } j5�}rt �� j��SSSS#� ��, � �� f rte" III t:;r� Exhibit E — Stage Banner 1 e� S�. azg sua St Exhibit F — Gateway Gazette f , F' �--'.fit;- it{ -+_� au •,_ n S \ \ z x w Exhibit G Blarney Bash Boynton Beach CRA Can you find t1hetDarneystone at-rIBBJaf ney Bash? I R�, 't"'ihATURDAY MARAU"H 11til 4 p5m 9 pm Boynton Beach CRA N ZA P 1) d b r, reg n,, R 0 #Throw-backThufsda�,e to#6 BBIarneyBash 2017 Il}, A 135 peop�,-,-reached Boynton each CRA .. F 1,,.,0 1":w Plclirii-S_`._�� #:rE ,}wuar., 1 1 7pr1 Get your costumes ready for#1313BIafney Bash coming this St. Patrick's Day March 171 0,)6*"o A 379people.reached Boynton Beach CRA 10" 3 m h Cc,ffery F e b�-u ary 5 2,'7, TT: Feeling Olucky? So are we... Get your kilts ready for#BBE3Aa,mey,Basl,i 10arch 17 rt OOg8j.APJ4,,gYOA5j4 A 302 pe-,apl& reached '.' RN, Uh . Boynton each 9« . ,'A'm YTa.�_..a.in i° -#-136131ame,yBa.sh is less Man a month away and we want you to be a vender! Expect to get face-t -face expos re Stith over 3,000 people! Nish c tchb ynton.com to download d th vendor application today! r s` x i Ali U; E t � a , Boynton each CRA ... <W A RAAH"I'leJ Hiuszun ' F,,'bwarrr .11`2 al 'i %N Get your green on for i-BBBlarney,81ash March 17 in#Boy ntonBeach! Learn More AL 2.-N1 p-opic reaefted . ........... Boynton Beach CRA RA L Miarch 17 is St. Patrick's Day, dress the whole family in green and enter them into the shamrocR costume contest at Blarney Bash in#'BoyntonBeach AL 217 pecp�e reached g�) L i ke Co,mrnent Share (D Susan aver and DaniMa Lauro 3 Cor I I Boynton Beach, CRA ,,ha;-ea, tnei v fl. A7 l s a! 3"�,Ovlr , St. PatricKs Day is corrin soon! Share this post Tag your favorite drinKing buddy,.. Have a chance to Mein a }prize at F.; BBIaniey=aasft aw.N.gC'xo3P 3Gi`z. w Il t i- UAR 4th Annual Boynton Beach Blarney Bash 17 Sat 4 PK4, 129 El Ocean Ave, Boynton Beech. FL__. Interested 4iEr�D"Y','a, AZ D2 people reached Boynton Beach CRR ... if you have never seen a real live leprechaun,come to Blarney Bash on March 17 and you might be lucky,enough to find one---a*IVV,,5K33]iCFn3 7 } t � t '- irtl 0 3L 2 14 r inie reached t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 INFORMATION ONLY AGENDAITEM: 8.A. SUBJECT: Marketing and Business Development Campaign SUMMARY: Movies in the Park Video Ad Campaign — CRA Staff created the Movies in the Park Video Ad Campaign to promote local businesses to the community as part of an economic development initiative to encourage growth and development in downtown Boynton Beach. Each month from October- June, the Movies in the Park video ad campaign showcases five CRA district businesses, each one in a two-minute videos that runs as an introduction to the movie and finishes with a gift certificate drawing of from the featured businesses. The March 2018 Movies in the Park video featured East Ocean Cafe, Del Sol Bakery, The Blossom Shoppe Florist, Benchmark Painting & Carpentry, and the CRA's Blarney Bash event promotional video. Five videos -$2,870.00 (Exhibit A) Coastal Angler —An ad in the Coastal Angler Magazine featuring the Boynton Harbor Marina and Sea Mist. Coastal Angler Magazine is a source for anglers, boaters, and conservationists and is the second largest free outdoor publication in the nation. $445.00 (Exhibit B) CRA/Redevelopment Works Signs - Three CRA/Redevelopment Works signs were created to display at the Historic Boynton Beach High School construction site. Two car magnets were printed for the van to further promote Redevelopment Works. Three signs installed - $385.00; Two magnets for the van - $130.00 (Exhibit C) Social Media Campaign & Email Blasts -The CRA staff established a strong social media campaign for business development on Facebook, Twitter and I nstagram. The goal was to keep the community engaged and informed about businesses in the CRA district #HitTheBiz. CRA staff created an email newsletter that will be published quarterly(see Exhibit D). The highlights of the newsletter are listed below: • "How the CRA Works" editorial by Mike Simon • 500 Ocean • SMOP Program • Showcasing two Businesses in the grant program • Upcoming events. FISCAL IMPACT: FY2017-2018 Budget, Project Fund line Item 02-58400-445 -$3,445.00 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 ExhibitA-C D Exhibit D #HitTheBiz social media D Exhibit D Newsletter Exhibit A- Movies in the Park Video Ad Campaign Boyn'ton Beach CRA Banana, Boat loops like a gird candidate for lunch today. HiftheBiz } gip•_,i��, — ��a{ � F t "z1Y hot People have watched this video for a total of 741-11 iClUt-3 S 2 V i ..._ a� 77 Exhibit B- Coastal Angler FISHING DIVING�s DINING , II Exhibit C- Redevelopment Work Signs st �`�'�sr Ff�t+fftfs I 0yk To ==== B E H Exhibit D #HitTheBiz Boynton Beach CRAsw ... x" n4�d h; t�c'is F AT-:SIF!Get some grut)from one of the many#-R8 "RA District restaurants, then head over to the Ocean Ave.Amphitheatre for a 4Freelvlcme night VJth A',doviesh-if.he Park 129 E.Ocean..Ave.at 7 PM.#HjttheBIz pop q 1 A Boynton Beach CRA 41P4 4t Ilt11, ar ' W,-,�Iln "-A"�,w' 0 a A" kwo Today and tomorrow s6 Ocean Apartment Homes are hosting their grand opening!Dowfltown�EwntonBeacm could be your new home]1,1-10,heSlz 01, 0 C E- A AL 162 pecipie reached FEB. 3RD &4TH 11AM-4PM 4�, IL 7 nori,P4 reached lip Like Comment Share Boynton eh: CRA Erlja Super ov,I al the -o:BoyntonHac airlll rii I #H[fthebiz tee, AL 384 people reached lip Like Cornment, Share j< Boynton eacli CRA, retie Marty and SussinvOyef 2 Shanpas Boynton Beach CRA ... Who's hungry?Celebrating#tacoTuesday with Boss Tads.#HittheB z � e T s{rSt+ rszt(ss�� s AL 284 peope,reached' Like (:D Comment Shave ,. Boonton Beach CRA; x Banana Boats,event i o5Jmf 6 .i,1 !I r.—qu r VVIlo wants to have Tun this Saturday?canana Beat in#ao�,ntrvnBeach is hosting diver usic at 7PM,featuring Ears Ace sand.#-HjllttheGiz FEB 56 Ace-Live EMertainment lo Sat 7 PPA Banana Boat Boynton Beach Interested E c,,fl AL ' 51 �zcpga,reached v Lynton Beach: , q4. ,.. ;. (t: 5i [€,o-ir,.l if'tk.,_,._in ArdpYt_ y�+� .0 ,z .f1t W Life is so much bettef when you're celebrating Motional Pizza Day at Cafe Frankies!#I-i,itt e iz#Pizzaisljfe �Y1ap�4 � lil�i�{41 ,F - I r t I Peaplie have watc ad this video for a total of 17:3 miPtute Boynton each all pnn W4 There are only a few more days left until the big day! Don't forget about your 'Valentine, call The Blossom Shoppe Flofist and Gifts!#H,jttfieBiz A,� I. p cq o pe reached, Boynton Beach CRA PA Ft,,r:ntairy H ,fl i Re I axi ng on the I ntraccastal with adel iC iO us de s se ft from Banana Boat sounds Ile an as way to spend your Osundayfunday. O'HittheEz 017�04' 'T s if 4 I ii Cl;i gar 6,� 12U 277 peil reached Like Comment Share Boyn'ton Beach CRA u PA Banana Boat loops like a good candidate for lunch today. HIfthe iz 7„ f 414 a People have watched this video for a total of 74 1-11blWaS 2 V i ..._ Lynton Beach, CRA ®a4. ia, P449hsnet 4V"4;m, €E ,.._ ; Fabn-u.Sy '`_ Esq 125 1' � Life is fall of surprises. Call Oyer, lvlacoviak apd Associates for all your insurance iiee°d:s. Pi le .tYOUrself-O�FamjlyF #HjtfheBiz iil(iihy. 6 a,, Boynton each CRA ,a a ub; h 5d by 14 oE 0,y. n 0 Getting ready for your date tonight?#Trea,tvourself at Perm dells & Spa in BoyMon Bea ch. #Valent1ne,sDav*-H!ttheBiz k ItVlz� z. - , 1 i ) 'deur video is popular in B a c 1_1 U F$ravir"nce Boynton each mw `'is%4v,..he iiF°, v.a,3 i E.s...:,EfP , Y' .., €Sr!.d 4 .>€'� `.: J1.` Still working on these New g'ear's resolutions? The Zoe Gym Elite -" Boynton Beach can help you reach your goal. #-HitthreBiz fitnessn da spit 'THE 0 HEALTH CLUB ti r.'i;�.t(„�',{it. �S{st,:�1'� i.?zi sS�S�`Ea.;�t'��•�,'��tt,,z�i�\�\`�zis,�)i,� +� tv tt\ \iti�7�r`�' tz�t�`1v)�14 sz,�z�,,,ir,��:�r} {i?�l}.iii"�'n�S,z'�z1��;\S\'v"%. Boynton etch CRA 44 I i`'r :"s!4€ r{ aC} F,f.rt[u'i.r,�, "r.: Like to go fishing in IiBc)ynton each? Have youf reels fixed and cleaned with 4 Reel services Mc. todav so you can get back out on the ester tomorrow- Fi hinglife #feels #Hitthe iz Peoples e have watched this video for a total of 9 Biel ,, Boynton Beach CRA 3-A"7k-d 4 new photos, -al 12 WOM Look at Boss Tacos!They have relocated to 1550 N. Federal Hw�- and the new place looks arnazwgi Go check them out today for �TacoTL]esday#HfUneBiz I I'dI MR1, Boynton Beach CRA Lv AA -nrri 1 iul-sain 4� 23,1!people reached IN ati o nal 10 a rg arita Day.. count me i n for Two G eo rg es vVaterfront G ri lie so I Ca n get a-2 G's M arga.,rita"today afte-work. 4,H itth e B 1z U fat t A 31'll peope reached' Boynton Beach CRA It's National Dog Biscuit Day,and this reminds us to treat our four-legged family members with love by taking them to Healing Heart.tnc.Tor a day at the pool.#HittheEhz-/ ate i it A I 79 pcop3e reached 0�) Like comment Share (D Susan 0,er,vand�sreenc,nacl and Mercedes Coppi Boynton Beach CRA Explore the ocean with Boynton Beach Dive Center]Cali 561-732-8590 to get scuba diving lessons today!#HjttheBiz#Dive#LoveFL ............. '�O 'E AL 2501cerpe reached �J' Like �Comment Share Susan Oyer and Sea Turfle Adventures 1 sharp Exhibit D Newsletter BOYNTON CRA mmBEACH 1W 0 R K S"f'1 r REDEVELOPMENT NLtnF' �"° gip a® HOW THE CRA WORKSe® 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 captures existing property tax revenue, not an additional tax, from property value increases in a designated area — increases that are the result of effective redevelopment and financial reinvestment. 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 CRAs 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 CRAs are helping improve lives every day. To paraphrase an old saw, a few bad apples should not imply that 224 CRAB 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,streetscape and utilities along Martin Luther King, Jr.Boulevard and N.W. 11th 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. statewide recognition from the Florida Redevelopment Association. It will add more than 600 new residents to the downtown area,boosting life and economic benefit on Ocean Avenue. CRAs work for Florida's communities. When a CRA uses the tools provided under existing statutory regulations to reinvest and guide revitalization, it provides building the blocks and incentive 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 lawmakers and urge them to protect our CRAB, and let them know that Redevelopment Works. DEVELOPMENT 500 OCEAN tf Downtown development is robust with the completion of 500 Ocean,a large-scale six story mixed-use development,which includes 341 class "A"luxury residential units, 13,300 sq.ft.of retail space and 6,600 sq. ft.of office space.The new development is located on the S.W.corner of East Ocean Avenue and South Federal Highway in the Downtown District.The amenities at 500 Ocean include an elaborate clubhouse with mini-bowling lanes,a private movie theater,and an infinity pool. The CRA entered into a public/private partnership with the developer to create the office space and to construct the building to energy efficient standards. This project meets the National Green Building Standard Silver and further advances the CRA's goal of stimulating development of green building projects. The addition of approximately 600+ new residents to the area will drive demand for goods and services that will support existing businesses and create new ones. 500 Ocean has begun leasing the completed portions of the project;in June 2018,the project will be fully completed. CLICK HERETO RENT #HittheBiz Five years ago Boss Tacos started jJfy r, as a grass-roots effort serving v fie tacos out of a hotdog cart and now, Brian Nickerson,owner, has expanded his menu into a full- service restaurant located in Ocean Palm Plaza at 1550 N. Federal Highway. Boss Tacos is committed to serving the best That's Amore Pizzeria is now tacos, burritos, quesadillas, taco serving an authentic Italian dining salads and rice bowls highlighting experience to the CRA fresh ingredients and handmade District!Located at 308 N Federal caught Mahi tacos,look no further Amore Pizzeria offers a than Boss Tacos! The new combination of authentic Italian restaurant space has also allowed food with Italy-inspired events and for more seating and the addition activities. The pizzeria hosted of a beer and wine menu. their Grand Opening on February 26, 2018 with a red, white and Boss Tacos is the recipient of the green themed celebration offering CRA Economic Development pizza samplings and wine. The Grants which offer financial restaurant features a handmade assistance to new or existing brick oven shipped from Naples, businesses relocating to the CRA Italy. In addition to the Italian District.The restaurant will receive cuisine, patrons will have an approximately $17,000 in 50% opportunity to experience Italian matching reimbursable funding. culture and lifestyle through numerous activities and events Be sure to check out Boss Tacos such as Italian conversation, at their new location and see CRA cooking classes and monthly dollars at work! regional Italian dinners. That's Amore Pizzeria is a CLICK TO EAT TODAY recipient of the CRA Economic Development Grants which offer financial assistance to new or existing businesses relocating to the CRA District. The restaurant will receive approximately$40,000 in 50% matching reimbursable funding. The CRA is thrilled to welcome That's Amore Pizzeria to Boynton Beach! CLICK TO EAT TODAY )OCIAL MEDIA UUTREACH PROGRAM SIGN UP TODAY f I p } +M { I � ' j Np Reach New Customers BEpC pip®p Build Your Brand b�aioumaecn�� Make More Money The Boynton Beach CRA has developed a Social Media Outreach Program (SMOP)free of charge to small businesses within the CRA district in an effort to market the businesses through social media. Working closely with the small businesses to launch a social media plan, the SMOP Consultants provide strategies and social media trends for the business owners. As of January 2018, the program has 38 active participating businesses.This allows the CRA Staff and the SMOP Consultants to expand their duties in improving economic development. Increasing visibility is one the major factors and the SMOP Consultants continue to find new innovative ideas that expand the programs digital footprint. If you are a business in the CRA district, you are eligible for this program contact Matt Meinzer Meinzerm@bbfl.us or Jamil Donith DonithJ@bbfl.us to get started today. LEARN MORE UPCOMING ARCH MOVIES IN THE PARK 4TH ANNUAL WONDER WOMAN BLARNEY BASH MARCH 2,7 PM MARCH 17,4-9 PM h 4 �rF sjvw• ,et Calling all movie buffs! If you're Channel the Irish spirit and bring looking for a fun way to kick off out your lucky charms for the 4th your weekend, look no further Annual Boynton Beach Blarney than our monthly Movies in the Bash. Green is the theme at this Park series, which occurs on the family friendly St. Patrick's Day first Friday of each month from event, which is taking place on October through June. Saturday March 17th in downtown This fun filled cinematic event Boynton Beach. features some of the hottest current blockbusters and With leaping leprechauns, Irish throwback favorites. Bring your Step Dancers, live music, lawn chairs,blankets,and coolers interactive activities,best in green and enjoy a variety of family- costume contests, tasty food,and friendly flicks under the stars.The green beer this event is sure to be first 100 moviegoers receive a a hit! free bag of popcom and everyone Be sure to look for the legendary has the opportunity to be entered Blarney Stone at the event. A into a drawing to win gift quick touch of the lips to the certificates to local CRA ancient stone may very well lead businesses. to the gift of eloquence and persuasiveness. Test your luck and let us know if the kiss endows LEARN MORE you with flattery at #BBBlarneyBash. LEARN MORE APRIL MOVIES IN THE PARK MUSIC ON THE ROCKS ENCHANTED THE FLYERS APRIL 6,7 PM APRIL 20,6-9 PM If you enjoy live music,tasty food, This free event features family- and libations you need to mark friendly movies projected on a your calendar for the upcoming large inflatable screen set on the Music on the Rocks events. stage of the Ocean Avenue Guests of all ages are encouraged Amphitheatre. Food, snacks, and to come out to rock,jam,or do a beverages will be available for funky jive at this free concert purchase and the Boynton Beach series, which takes place on the CRA holds a free raffle, winners third Friday of each month, from receive gift certificates from local October through June, at the businesses. Ocean Avenue Amphitheatre. Also, Food Truck Invasion sends out a unique offering of trucks each month, which gives guests LEARN MORE the opportunity to sample a variety out to smooth tunes. LEARN CRA CALENDAR MARCH CRA Advisory Board Meeting March 1st @ 6:30 P.M.-100 E.Boynton Beach Blvd Movies in the Park-Wonder Woman March 2nd @ 7.00P M.-129 E_Qcgan —Ave CRA Board Meeting March 13th(&6:30 P.M.100 E.-Boynton Beach Blvd 4th Annual Blarney Bash March 17th @ 4 RM—9 P.M.-129 E.Ocean Ave. APRIL CRA Advisory Board Meeting AP-CII—5th @ 6:30 P.M.-100 E.Boynton Beach Blvd Movies in the Park-Enchanted APER 6th @ 7:00 P.M.—129 E.Ocean Ave. CRA Board Meeting APIR—8th @ 6:30 P.M.-IQQ_E.-_Boynton Beach Blvd Music on the Rocks-THE FLYERS APC'1_20th @ 6:00 P.M.—129 E.Ocean Ave MAY CRA Advisory Board Meeting May 3rd @ 6:30 P.M.-100 E.Boynton Beach Blvd Movies in the Park-TBD May 4th @ 8.30 P.M..—2240 N.Federal Hwy, CRA Board Meeting May8th@-§-,.30 P.M.100 E=-Boynton-Beach LBlvd Music on the Rocks-COMPLETELY UNCHAINED May 18th @ 6:00 P.M.-129 E.Ocean Ave. JUNE Movies in the Park-TBD CRA Advisory Board Meeting June 7th @ 6:30 P.M.-100 E.Boynton Beach Blvd CRA Advisory Board Meeting June 12th @ 6:30 P.M.-100 E.Boynton Beach Blvd Music on the Rocks-WtONDE RAMA June 15th @ 6:00 P.M.-129 E.Ocean Ave. Visit us at CatchBoynton.com FOLLOW US if V@ Questions?Contact us today 561-600 9096 unseb-dw This message was sent to echoltd3ggmall_com from smith-coffeyT@bbfl.us Boynton Beach CRA Boynton Beach CRA 710 N Federal Highway Boynton Beach,FL 33435 f, iTec1' il"_. Email Blast Newsletter Sender Property. Boynton Beach CRA--srnith coffeV,I sM3b"I us+ Subject: CRA ND ISLE-TER-REDEVELOPMENT V!ORKS BOYNTO .IMMBEACR,CRA_ REDEVELOPMENT WORKS 1 TER "HOW THE CMA WORKS" CRAB are created by local goverrn7nents 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. CRA NEWSLETTER REDEVELOPMENT WORKS RA E+ E 11D,-r, Z Email Impact Devtce Usage r - tr11)�(Yd3 r,rr�aSi 3n �d Social Engagement o p, Go (4 Click Report till i—�_� �:t�ks�z,t1S�\�k ,�llcs�l2'�4�1f�r2if f rc _ RAIAEIM N" ' �`��o"wr sminmm . ;.�}"ORUNt14 1\�1'Fat ry t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 INFORMATION ONLY AGENDAITEM: 8.13. 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 2018 Public Comment Log � U O Y � U -Y Ste" JO O O E O p O O O) O 0-i m ,� O O � T O r� � • U U0 ry i Z r (6 C U i ire 00 7 O .• m O O N = � N J ` 3cm 0oNi.N- rZ�j O N -2o o �' a o C C C 2 LN m yooN UNON NN NE -Eo ° EoN ' J O - 0 E E N N O NEN C IFW - O O 2 o ff O a LoIz } -2 0 m o E o o m E N E 1,E o 0 OU U LUY Noc >-o LYU mU U o o E Dm m ; N , '2=EL O m o m N E mY No ow E oo �co: o N o o 0 E 3 0 >No o E " : m� o oom ooo > aom UcUoEEo N 0 O E O O CoY. U Up m NO N Ev U ~ c pN o o p C) Ow m E O Nt 00 = 0 0 U N o o U = E m m o f o-r N N c �c w Q m '' m - 3 �_ m 0 •- o L a s p E -fn oU UN~d- E O 0 0 co � YN CO NYNU N -O O O y oo- " E3x OO N w E N N o - oN Y m m a Y • mNoN 0Ua o O .N � O O N O(0 C woo- o,:5-o m UU U- 2E— E U o o-o o . No Ea Q NN 2 N o N,o > O N > CwOpo O >. 0 00 N0 ED O E " - m32° yo -2 oUN N E O E o 0 O E 0 oXN yO YNNO E EO E NN= N > E ori w N E>� 3 >> E-o >L o"i a o >>a W 0 0 oE 0 O Y } 0>Y LL C > N > O U t N > o H t H Q U N o o t i F i A` T j G.1 O .0 LU y C (6 a' 00 z"Vij, ,N s � 2 \ 2}> ={ })\ > m«- ) 22® { � �\) �°- : \ } _ )® !{� Rff® §))��§ \ } }{\}�\) \\\§\ \\/\\ ( : f� 2 ° = E ) %am [INNOCI 42e{C o ®~ -\ (\ \}\c-)w ! ]« }fy\ eE° ! , z ] Kj �j= a/ ®{ ®)f7=- 1 , ) , s= � )2{ (-aw m 2ƒ 2# (\ \ \ -\QK=a15 §:00 /)\ >e ` f §j ) {]))/){)/ \ }§ 2 ©` ) ( » : ®>4 ) mye== { 0 { g 2 _7« :- ( ) »§ f /f § 0 \ _ : /\ 2) [t®/!$ ! \ ) - 0 - \ 17 \ \ \\\\� �\\ \\\\\�0 - _00 7 : » :�=y){\: [ - - \&K&\ ; & §- f))f §f §7) & [/ (f\ ) \)£ E§£2k£ 2)ƒ72 §/2 §{ ! ! a ) J\a :» »z» _ QE= : » \ \� \ Eco { » «az £ fP :f _ p \\� \ § \2 § 2\t ) /J )j ! : \) 0 (\� )\� � \/}\ - (\\/ ® �2»® ; \ � § - §yy ; ; ; ly 2 \ \\)) -\/\{} {\� � ;\{`Q : j §:a— ƒ\ :20 § = §32\/ - §/ §}�2) / !/§j) \ � { _ Ga§, , [{( / [ \ :_ ){ \ f) 3 \ o E\ \ 2 {\ ! [�}} m , - ET ! /( E )iz }> ®\ 4 ±0 : \ 2- - , \§ \t ! / §w 0a- 0 [ c t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 CONSENT AGENDA AGENDAITEM: 10.A. SUBJECT: Financial Report Period Ending February 28, 2018 SUMMARY: Attached is the monthly budget report to the CRA Board representing the revenues and expenses for the preceding month. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan and FY2017-2018 CRA Budget CRA BOARD OPTIONS: Approve the CRA's Financial Report Period Ending February 28, 2018. ATTACHMENTS: Description D February 2018 Financial Report I ,� C9 in co U U ,� U Co 6l Co m ,� Co U Co 6l U U U U H z ooo 0.i W H II II o C7 'z m o o ,� II m m Lo m o o o ,� m o 0 01 II o al m in �o �o in o II a 000 �n oo �o � � oc� ca o o II 1� c� o m �o m c� o 0 0 II w Lo m mCo N o m O o m m moo Ln m o m o m - o z � 10 ow II c � c � o Lnco m o 0 0 0 0 0 0 obi o 0 o m 0 0 of of Lo W II II z u N u N � u u oo oo II oo 000 000 � o o o o oc� ca o0 00 o II o0 000 omo goo 000 00 o II o w a cC o0 00o II o0 oo �n o ,� o ono 000 0o N II N FC w II o 0 0 c H x II In o Lo II om In m o o w II II o - �nm mo � c� m oc Lo II o w o 0 o II m o m o o m o m m o 0 o II o H W FCW 6l m m m II rl �O m m to m O ,� N W W m II O H ca - o o Amo oo - In Lnc� H I N m c m N O O m c 1 Li 0 0 1 1 N rl H f� O II II H in LD rl m O 61 O in O O m a N II In o N In o N O N II In 'Z, o In rl � 6l II m � N FC II II U H O � o (nLo II o � �noo � � o oo � c� �o oc� Lo II o acv opo �n �n II om �oo1 1 m goo c � oo II x w oopo ooLo L0000 oo � II m m � m m In I I m c.m c. c m w a H . . . . . . . . . . . . . CG CG 0 H m o c� c� � II o� c� �o c� � � m Lo II W U Lo 6l 6l II II N � � N �n Ln II II Ln O o Ga FC II II II II � W II II v O o O - o 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 HL�o Ln c� c �n o c� I o L o 10 c (I (I N I II Q CW7 - o H o W in c o oo o - H w z oo opo mo om o - o o II - o mo In W � � rl H N II II rl N co N II II � H H II H II cC II II II II mo ooo 000 000 oo o o m Lo Lo m II o a ,moo II o - oo moo mo mem mm II FC H c� I o I o 10 o 01 01 N II z w u u H C7 - o II o Ln Ln m o o m o o o o m II C7 Ca �oo �o II m ,� oo �o Io ooo Lo o In II H H II H II II II � H H Ca o z a w z z x H cn x w z � H c4 H rx �n ca o w cwn cn cn w o o z z > a z H w a c4 w H x cn H a o z m w H H � w H O w co wH w H w w a H o O 2, H w '� '� FC cn Z, H U > oQ H O f� w a U] U w 'z 2 w H cC w O co FC Z C7 w > 'z > Z, CC W W CC H H U H C7 U' U W Z, W CC C4 W O H za > x wza, co zz Z Haw ww a o w FC FC H a 12, H a H UcC' co H H FC 2 2 w H FC 0 CO co ',�' co H cn Z Z w Z, ca 'z '� H H O co w w U'Z H H FC co 0 H H 'x, �l H oW 'Z, H FC W W Q H Z CC O I Z > HE,H P-i FC G-i H P-i P-i 0. 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0 M z w H c7 0 0 0,� ,� 0 0 U' f� o CC m O H N N W ry ry H H W H H W W U U CC CC H z z w w z H H H H w CC CC z z c� w 0 0 0 0 H w o 0 0 o H w w H cn N N N N U U cn U w a 0 0 0 0 w x w o c� x cC x x x x W cn c7 cn H w H z � LI) o H H H o W U FC U U W W U] H H H Q Q 2 ca � 00 000 'z o HCC w w CC o0 000 a H a El cn W M M M M M FC Cu FC W co H U] 6l 6l 6l 6l 6l H H 0 f� CC Ln Ln Ln Ln LO CC O O I H F( U H I I I I I H W H 0 0 0 0 0 x rc c`"1w w 'a w o0 000 H 0 q q a q 0 a U U N 2 o II o w w H II O C7 z o II o ca H o II FC cC a o II �n ca o II � w II cG w �n II m w - u z N u N � u ca o IIII o w II a cC o II o El wx O El U I I z u w u o II w o II N II w a w o II m N El Q o u w II c�i N x O O o II x w u H II o m w a N > rx rx z � u x a o N zNw N ca u z w II ax O w cn Ca N IIII � � Q cw7 o IIII w � x N IIII > u w u c4 I I �n II o � Q o IIII o N u w c4 x N H ca z w cn a w x � w N H cn c4 �- •• > H H o cC N a c� 'Z w co O � w O z z a o N i w w N x O Z w El w w N w 0 N o N t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 CONSENT AGENDA AGENDAITEM: 10.13. SUBJECT: Monthly Purchase Orders SUMMARY: Attached is the purchase order report for February 2018 for amounts $10,000 or above. FISCAL IMPACT: See Attached. CRA P LAN/P ROJ 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 February 2018 Purchase Orders Boynton Beach CRA Purchase Order Report Month: February 2018 Vendor Amount Funding Source Description JR Watersports $ 25,000 02-58400-444 Commercial Facade Grant Commercial Construction Project Incentive JR Watersports $ 16,500 02-58400-444 Program JR Watersports $ 25,000 02-58400-444 Commerical Interior Build-Out Grant JR Watersports $ 50,800 02-584000-444 711 N Federal Hwy Renovation Grant Lewis, Longman &Walker $ 140,477 02-58200-401 Property Purchase 201 NE 9th Avenue Pathways to Prosperity $ 32,077 02-58500-470 Nonprofit Organization Grant Program (NOGP) T:\FINANCE\PURCHASE ORDER INFO FOR BOARD MEETINGS\VIIIB FINAL BACKUP- February 2018 Monthly Purchase Orders.xlsx t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 CONSENT AGENDA AGENDAITEM: 10.C. SUBJECT: Approval of CRA Board Meeting Minutes - February 13, 2018 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the February 13, 2018 CRA Board Minutes ATTACHMENTS: Description D February 13, 2018 CRA Board Minutes MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH FLORIDA ON FEBRUARY 13, 2018 AT 6:30 P.M. Present: Steven Grant, Chair Mike Simon, Executive Director Justin Katz, Vice Chair Joe Casello, Board Member Mack McCray, Board Member Christina Romelus, Board Member 1. Call to Order Chair Grant called the meeting to order at 6:30 p.m. 2. Invocation The invocation was given by Board Member McCray. The members recited the Pledge of Allegiance to the Flag. 2. Roll Call Roll call established a quorum was present. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Grant added Item 15 E, Consideration of Letter of Interest/intent for the purchase of property located at 115 N. Federal Highway. Vice Chair Katz added a discussion about a potential RFP for the MLK Corridor as Item F. B. Adoption of Agenda Motion Board Member Casello moved to approve the agenda as amended. Board Member McCray seconded the motion that unanimously passed. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 5. Legal None. 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 There were no disclosures made by the members. Board Member McCray thanked all for attending the Robert E. Wells Love Fest and advised the event was well attended, having more attendees than the Unity Day. He thanked the participants and the CRA staff for their efforts. Board Member Romelus wished all a Happy Valentine's Day. Board Member Casello advised he attended the Barrier Free Park event, which was well attended. Chair Grant also attended the Robert E. Wells Day and was glad to see the Neighborhood Officer Program personnel participating, distributing cotton candy and ices. 7. Announcements and Awards A. Movies in the Park Mercedes Coppin, Marketing, Events and Economic Development Assistant, announced the February Movie, Glory Road. She commented there were 115 event goers. An event survey and movie ballot was distributed requesting demographic information what movie attendees want to see. Forty surveys were returned. Seventy-four percent indicated they were City residents. Twenty five percent indicated they heard about the event through a digital source such as social media or the Catch Boynton website, and 22% heard about the event through a print source such as an advertisement or flyer. The next movie to be shown, based on the survey results, is Wonder Woman, which will be shown in March at the Ocean Avenue Amphitheater from 7 p.m. to 9:30 p.m. The event is categorized as a sci-fi fantasy rated PG 13: however, due to theatrical violence, mild language and sexual innuendos, parental discretion is advised. Benches are available and guests were encouraged to bring their own seating. A trailer of select CRA businesses will be featured prior to the movie and a drawing for gift cards to the featured businesses will be held at the end of the movie. Free popcorn is available to the first 100 moviegoers and other snacks and beverages are available for purchase. 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 B. Music on the Rocks Ms. Coppin advised the January 19th Music on the Rocks featured SteelTown Religion. About 125 people attended the event. A feedback survey was conducted and 40 surveys were returned. Based on the results, 68% of the guests are City residents and 19% either worked or spend leisure time in the City. Twenty-six percent heard about the event on social media, and 21% heard about it through print marketing. The next event will be February 16th featuring Reggae Sou jahs at the Amphitheater from 6 p.m. to 9 p.m. Food Truck Invasion and a mobile bar will be onsite. The next event will be held in April, but due to the Blarney Bash, no Music on the Rocks event will be held in March. C. The 4th Annual Blarney Bash This event will be held on Saturday March 17th from 4 p.m. to 9 p.m. on E. Ocean Avenue between Seacrest and NE 1St Street. Live music will be provided by Rogue Theory, Steeltown Religion and Celtic Mayhem and there will be a performance from the Erin Moore Academy of Irish Dance. Authentic Irish cuisine and other foods will be available as well as craft beer from local Boynton Beach breweries, and activities for children. Retail space is available. The Police will be available to assist with traffic and pedestrian crossings on Seacrest Boulevard. D. Marketing and Business Development Campaign There were no comments on this item. 8. Information Only A. Public Comment Log B. Public Relations Articles Associated with the BBCRA 9. Public Comments Susan Oyer, 140 SE 27th Way, spoke about an article, Plus Beaux Villages, which she left with the Board members. It detailed a French program that began in 1982. Other countries adopted the program, which resulted in a 10% to 50% increase in tourism for villages that participated in the beautification program. Boynton Beach was too large to qualify for the program, but she suggested adopting some of the criteria to make Boynton Beach a tourist destination. She encouraged the protection of historic and cultural assets, a strategy to preserve and promote the City, and having eco-friendly tourism. She suggested the following improvements: • More lights on major streets and key locations around the City; • White LED lights in front of the mail; 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 • Beautifying City Hall; • Rows of trees lit up and down Boynton Beach Boulevard; • Hanging flower baskets from the light poles for businesses on Ocean Avenue; • Over-sized pots with trees and flowers on Ocean Avenue from the Intracoastal to Seacrest Boulevard. She noted the City has received some bad press and thought the beautification program would help. No one else coming forward, public comments was closed. 10. Consent Agenda A. Financial Report Period Ending January 31, 2018 B. Monthly Purchase Orders C. Approval of CRA Board Meeting Minutes - January 18, 2018 11. Pulled Consent Agenda Items None. Motion Board Member Casello moved to approve the Consent Agenda. The motion was duly seconded and unanimously passed. 12. Public Hearing 13. Old Business A. Audited Financial Statements - FY 2016-2017, Fiscal Year Ended September 30, 2017 Mr. Simon explained there is an attachment for the financial statement for the 2016/2017 fiscal year which ended September 30th in the meeting materials and the audit is required by law. The firm of Sanson Kline Jacomino Tandoc& Gamarra audited the CRA to assure the statements are fairly represented and in compliance with applicable laws and the regulations and policies of the CRA. There were no internal control deficiencies for the ninth year, no non-compliance issues, and no audit adjustments. The CRA has a strong balance sheet, a net position of $23 million and a strong cash position and balance of working capital for ongoing project funding. This marked the ninth consecutive year in a row of no findings of any kind. 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 Richie Tandoc explained he issued an unmodified opinion which was a clean opinion for the year ending September 30, 2017. There were no findings, no sufficient deficiencies, no material non-compliance issues, nor any fraud or illegal acts that occurred by management or employees. Board member Casello thought it was impressive there was nine consecutive years of clean audits. He noted if all CRA's operated in the same way, Tallahassee would not be attacking CRAs. Board Member McCray commented he favored Mr. Tandoc making the presentation as the audit is significant. Motion Board Member McCray moved to approve. Board Member Romelus seconded the motion that unanimously passed. B. Consideration of the Site Plan for the Property located at 711 N. Federal Highway for South Florida Marine, d/b/a BZ Woods Properties, LLC Mr. Simon explained the item is part of the purchase and development agreement with Mr. and Mrs. Woods for South Florida Marine. He clarified under the agreement, the purchaser cannot submit the site plan without CRA approval. Once approval is given, the purchaser has 60 days to submit it. The site plan will go through the usual Planning and Development Board and City Commission approval process. He noted this is a precursory approval based on what was originally submitted. Chair Grant inquired if the Board was satisfied with the development timeline moving forward which he reviewed. He noted 500 Ocean had requested an extension and then a second extension. He queried if the reverter clause would fall into place and what remedies would be available to the CRA if the development timeline was not met. Attorney Duhy explained it was covered under Section 2, 20.1 Default after Closing. If the purchaser fails and is not in compliance with one of the provisions of the agreement, they will reconvey the property to the seller. Time is of the essence in performing the duties under the agreement, which covers the period of time during which they are processing their applications, but before the permit was received. Chair Grant sought to avoid the situation with 211 E. Ocean where the permit was denied and revisions were needed. He asked if 90 days was reasonable to submit revisions and learned it was. Motion Board Member McCray moved to approve. Board Member Romelus seconded the motion that unanimously passed. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 C. Discussion and Consideration of Subordination of the CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA Mr. Simon explained the item pertains to the grant agreement and promissory note and mortgage that the CRA Board will provide for a re-subordination, in the event Ms. Wilson refinances for a lower interest rate or other acceptable term. She was requesting approval to resubordinate only at this time. This would allow the new loan to stand in front of the CRA's grant and the Bank to have re-subordination approval prior to closing. If a signature is needed, Ms. Wilson agreed to provide the documents for signature. Board Member Casello asked how many other properties participated in the Homebuyer's Assistance Program (HAP). Mr. Simon responded in three to four years, there were 35 to 40 HAP recipients and some foreclosed due to the downturn in the market. He explained a small percentage of the recipients experienced foreclosure or returned to the CRA because there were issues such as those that surfaced regarding the Preserve. He advised the CRA no longer offers the program. Motion Board Member Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. D. Consideration of Pathways to Prosperity's Grant Application for the Boynton Beach CRA Non-Profit Organization Grant Program Thuy Shutt, Assistant CRA Director, explained on September 27th, the Board approved starting the program for the new fiscal year, specifically for economic and business development categories which support non-profits with projects and programs that create jobs in the CRA in furtherance of the CRA plan. The Notice of Funding was published both in print and digital formats. Flyers were created in three different languages and two pre-submission workshops were held: one in October and the other in November. Three non-profit organizations attended and staff reached out to other organizations in the CRA District. The three non-profits have programs and/or business locations within the CRA District. On December 1 st, Pathway to Prosperity (P2P) submitted for their Circles of the Palm Beach program. The application was included in the meeting materials and gave details of the application and the program, which was a more holistic approach to address poverty via financial literacy, education and training, increased educational skills, job training, and homeownership. Several results were indicated in their application where there were participants wanting to own their own businesses and some of those participants already had home-based businesses. The application indicated they would like to create a full-time Incubator Coordinator position with the grant funding. P2P sought 45%of the requested funds for the Coordinator's salary, which is about$25K. The request is within the 10% allotted for the program and the maximum allowed was $32K. Two funding evaluation committee meetings were held on December 19, 2017, and January 16, 2018, which included a presentation from the applicant to the Committee. The 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 Evaluation Committee members were Mr. Simon, Vicki Hill, Finance Manager and CRA Development Services Manager Theresa Utterback with Ms. Shutt serving as the administrator and contact person for the applicant. The Committee rated the applications based on the CRA Board approved rating matrix, which was enclosed in the meeting materials. The Committee ranked 20% for the organizational capacity, 20% for the need for the project or program, 10% for the project/program description, 20% for the project/program model, 10% evaluation plan and a 20% in sustainability. The P2P proposal received a score of 44%, below the required 75% required to be eligible for funding. Staff recommended the Board not fund the application based on the Committee's recommendation. Options were outlined as follows: approve the application as requested under the non-profit organization grant and have staff work with legal to bring back an agreement; direct staff to reissue the grant program funding program 30 day notice as there are more funds that will be available this fiscal year with the addition of an affordable/workforce housing component; or reissue the same with an economic development component. Kimberly Bush submitted the application for P2P and commented the business incubator portion of the program was new, but they have assisted many families in the community to purchase homes and start businesses. Many of the businesses are home-based businesses. In Delray, one woman purchased a food truck and another in Riviera Beach received assistance for cosmetology, but not in Boynton. The purpose of this grant was to have a Business Incubator Coordinator to work only with Boynton residents and she recommended the Board fund the application. They have been in the community for seven years and during that time, they had major successes. The goal was to provide the same with the incubator piece. Ms. Shutt recognized the program was a new program, but the grant and rubric was based on demonstrated experience with a similar model, which was why the proposal scored low. In addition to the previously mentioned options, the Board could fully or partly fund the application or proceed however the Board would direct. The proposal requested $25,000 and there is $125,000 allocated for the program this fiscal year. Staff will work with P2P, but as the first grant request, staff wanted to adhere with the criteria. Board Member McCray favored staff working with them and pointed out the application was only evaluated by staff. There was no representative from the HOB. He supported approving the grant and working with them. If there are no results, the grant does not have to be renewed. Ms. Shutt pointed out the grant is a reimbursement grant, and they need to provide documents and quarterly reports. Board Member Romelus ask about the Evaluation Committee and learned the three members were all staff. Ms. Shutt explained affordable workforce housing is a category the CRA could fund and staff had received inquiries in the past from affordable housing providers. There were two other categories under non-profit grants as well. She asked how the business incubator program was different from the Community Caring Center culinary incubator. Ms. Shutt explained the Community Caring Center has hands on training as part of their culinary program. The graduates from the Community Caring 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 Center incubator will eventually own their own business. The P2P program is geared more to job training and education about management and the skills to own a business and more specifically, home-based businesses. A difference between the two programs was one was initiating a program versus a program that has been in existence for many years. The point is to locate businesses in the commercial area and create jobs. Board Member Romelus did not think P2P should be compared to the Community Caring Center. Board Member Casello inquired how the guidelines and criteria were set and learned the Board had approved the criteria and guidelines to be used as a benchmark. He asked Mr. Simon if he would agree to approve it. Mr. Simon explained based on the criteria, it did not meet the threshold for funding and he would not approve it, but there were other options the Board could consider. Chair Grant asked if most of $25,000 would fund the Incubator Coordinator position and learned it would. The individual will have the expertise to identify licensing requirements for each City and know the guidelines to open a business, conduct a feasibility study, and help individuals to start that process. Individuals will learn how to develop a business plan that they can market to the CRA grants committee and to banks. Chair Grant thought it was similar to a pre-economic development grant where there is a retail location identified. He thought it was the thing they were trying to enhance in the HOB. Before leasing, the individual will need to have experience being a business owner. They would partner with industry experts that have the same type of business to walk them through the process. The mentor will guide them. Chair Grant asked if they were eligible for 10% of the program cost and learned they were. He suggested offering those graduates the remaining $7,000 of the $32,000 of eligible funds and wanted to increase the amount from $25,000 to $32,000 to assist with licensing expenses on a reimbursable basis. They are new businesses, but the mandate would be the home-based business had to be located in the CRA. Ms. Shutt suggested instead, the $7,000 be allocated for direct program costs as staff supported doing so. Chair Grant thought the program would benefit the HOB. Board Member Romelus agreed. Board Member Romelus asked in light of the Town Square project, if Ms. Bush was contemplating allowing apprentices to shadow tradesman as part of the development and learned she was. They recently had a meeting with Palm Beach County and the Circles Program National CEO discussed how to begin doing something with the business. She paired with Workforce Alliance to develop a plan. The program would get the individual ready. Workforce Alliance advised they have jobs but no qualified workers. They will institute a system to streamline mentors. It is a work in progress. The incubator piece for Circles is new, and the Regional Directors for Circles will be going for week-long training on this issue. Board Member McCray thought it was unethical for a Board Member to ask the Director how he would vote. Chair Grant responded it was fine. Board Member McCray explained he would not have asked because he works for the Board. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 Board Member Casello commented he follows the expertise of the people they hire. He advised there will be other agencies that do not have incubator programs and explained the Board could eliminate the criteria and handle the grants on a case-by-case basis. Chair Grant explained this is the only applicant, so the Board could change the criteria for the next time going forward. He also suggested a member of the CRA Advisory Board could sit on the Evaluation Committee. Changes should be made on a new program and he was glad they had an applicant. He looked forward to seeing the results. Vice Chair Katz agreed with Board Member Casello. He did not like staff following the Board's direction and the Board later indicate doing so was incorrect. As to the quarterly report and documentation, he asked if there were measurable goals for job creation or economic activity beyond participants gaining financial literacy. Ms. Shutt explained the applicant had to provide a program model. The measurable outcomes were reviewed, but they were not as clear as it pertained to home-based businesses. The Committee did not think the Board has seen people come out and jobs created. It seemed broad and he would like it to be more defined to have tangible measurements. The application says the program can be re-evaluated, but the applicant was not as specific about how many jobs would likely be created. Vice Chair Katz asked about the metrics for assessment. Ms. Shutt explained the package leaned more towards individual knowledge of finance and management. There is a small portion that would want to further themselves and create a business. That is what they try to accomplish. Ms. Bush responded it was not based on national criteria and they could work with staff on it. In the one year for the grant period, they are spending 18 weeks in training. It is unknown how many people would open a business at the end of the year. In Delray out of a class of 15, there was one business that opened. Vice Chair Katz commented the criteria was based on past success. With a new avenue being pursued, it is difficult to measure the results. He supported either rewriting the criteria and if after one year there was evidence of success, he could support it, but not the way it was currently written. Ms.. Bush understood and asked if the Board wanted to support a Board program in the community that has been forgotten. She held a workshop and she was offering $40,000 to the HOB community, to programs that do not have audited financial statements or individuals who are providing services within the area. She wants to do businesses with the CRA and the request was small. She advised there will be positive outcomes. She did not include the names of individuals who have successful home based businesses. They are making it work Board Member Casello liked the program, but noted they are dealing with taxpayer dollars. He asked if the program could be refined so there would be benchmarks to measure success. Ms. Shutt replied, if funded, staff will have to work with Legal to draft a contract with the applicant to further define the goals. Ms. Bush will have to submit information and documents how many individuals went through the training program and who was hired to run the training program as they are the direct project costs. There is a 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 measurable contract they will have will be in place to ensure they are spending CRA dollars in accordance with CRA plans and goal. Board Member Romelus suggested, as they work with home based businesses, they use the Business Tax Receipts for newly created home based businesses as a measurable. Ms. Shutt explained there will be a quarterly report to the Board. Vice Chair Katz supported the request but commented it needs defined criteria. He was fine with staff fine tuning it as the contract will have to return to the Board. He felt it bordered on social services versus economic development and it should be tilted towards economic development. Board Member Romelus commented the program was created six months ago. The Board will also have to fine-tune the program. The purpose of the grant was to build and grow the community. Board Member McCray liked the home based businesses. Motion Board Member Romelus moved to approve P2P the full $32,000 that could be allocated for the grant. Board Member McCray seconded the motion. It was clarified the motion included the pending contract. The motion unanimously passed. Mr. Simon explained they will work with staff, Legal and the CRA Advisory Board before bringing back a request to re-release funding. Vice Chair Katz suggested the type of grants available be diverse. He did not want the same grant given to the same types of entities and thought uniqueness was a criteria. Ms. Shutt agreed. There are choices in the framework in the grant guidelines referencing clean energy and technology as other kinds of activities that could be accommodated for the economic development category. Board Member Romelus suggested other individuals serve on the Evaluation Committee. Chair Katz discouraged community members evaluating community organizations. Mr. Simon explained they could add one or two other individuals such as the Development Director or a CRA Advisory Board Member. No one from the non-profit be on Committee. E. Discussion Regarding the Continuation of the Social Media Outreach Program FY 17-18 Funding Mr. Simon advised the CRA funded $45,000 for two Social Media Outreach positons for six months, which will end March 30th. The Board could decide to continue or terminate the program. Mr. Simon expressed his belief the effort was a very beneficial program to the community and business, and to the CRA staff and CRA District related City activities as it could provide positive impacts. Given the experience with the amount of businesses they work with, and seeing significant increases, one position is all that is needed in the program. During the budget when the program was proposed, there were options for two positions for six months or one position for one year. They also learned the ideal scenario 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 would be to treat the position as an actual employee. The relationship between an independent contractor and the needs of the program warrants that relationship. Vice Chair Katz agreed. Based on what he has seen, a full-time position with benefits would be in the $60,000 range, and the benefit to the CRA is dramatic and visible. Without an added position CRA staff could not provide the service and in the private sector, providing this service is very expensive. He fully supported creation of one full-time position and the goal fit exactly what a CRA is supposed to do. Board Member Casello favored a full-time employee. Mr. Simon explained it would be the same exact program, but not the same title. As an employee, he would expect even more work than what is being done as senior staff could impose more requirements on an employee than a consultant. Board Member McCray noted all CRA employees are reviewed annually. He had no objection to having the one full-time position. Board Member Romelus asked if it would be more beneficial to have two part-timers rather than one full timer to increase visibility. Mr. Simon responded based on their analysis of the workload, one full-time employee would be better. Staff can bring the information back to the Board. Senior staff agreed two part time positions would not be as efficient as one person. Board Member Romelus asked if the CRA would hire one of the two consultants or if it would be open to the public and learned it would be open to the public. Chair Grant asked if the employee would be subject to overtime pay and learned they would ask they are not exempt positions; however, staff uses flex time. It is at the direction of the Executive Director's discretion. There is funding for overtime in the budget for situations when flex time could not be used. It is limited to a few events. The position will be advertised. Board Member McCray noted the consultants were already familiar with the CRA District and the CRA invested six months worth of training. He favored the position being offered to one of the consultants. Chair Grant agreed. Vice Chair Katz had no problems with internal candidates. He noted there would be no learning curve. Motion Board Member McCray moved to approve a full-time employee chosen by the Director between the two consultant's working part time if they want the job. Vice Chair Katz seconded the motion that unanimously passed. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 F. Project Update 211 E. Ocean Avenue Mr. Simon explained the property is owned by Shovel Ready Properties LLC/Local Dev Co. LLC. The project has been in plan review since the end of December 2016. To-date, there was no submittal of plans per the City in their third round of review. Vice Chair Katz explained he had dissented to using the reverter clause the last time it was discussed. He felt at the time it was a coin flip if they would develop it or if they would benefit as a result of a rising market. He favored exercising the reverter clause. Attorney Duhy explained if the Board wants to invoke provisions of the contract to revert the property back to CRA ownership, Legal would issue a Notice of Default and Demand letter noticing them as being in default and demand they revert the property to CRA ownership by providing the CRA with a deed that is acceptable to the CRA. They would have 30 days to respond to it and provide the deed. By the next Board meeting, Attorney Duhy could provide what other legal options to take if they do not comply, but there is little risk in the CRA making the demand letter. Vice Chair Katz asked if those were their two legal options: comply or come in with site plans. Attorney Duhy explained they have to resolve the default. It has taken them sufficiently long and it would be legitimate to say it cannot be cured. They could just turn the deed back over which would resolve the matter simply. This meeting would just address the Demand letter with 30 days for them to provide the deed. Motion Vice Chair Katz moved to approve and Board Member McCray seconded the motion. Board Member Casello was concerned the developer has not done anything for a year, and there has been no response. He questioned what happens if they got the letter and made a small gesture by submitting a plan and the whole thing starts all over. Attorney Duhy responded that is at the Board's discretion depending on what steps are taken. He asked what safeguards the CRA had. Attorney Duhy explained the Board could find the action insufficient to cure the default. It would not eliminate the demand to return the property. Legal will issue the letter and return next month. There was discussion the 30 days is legal notice, which would be after the next meeting. Chair Grant inquired if the developer returns the property, if the CRA would have to reimburse the developer for the costs they expended for architects, surveys or appraisals and others who worked on the project. Attorney Duhy explained there was nothing in the agreement that would speak to that. Chair Grant explained the developer had incurred some expenses for the project and some drawings were submitted. He thought the CRA would either have to negotiate with them for the purchase back or go to court. Attorney Duhy agreed. Mr. Simon suggested holding a special meeting prior to a City Commission meeting to allow staff to report back on the issue and advise if a response was received, 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 no comment or if there is an action the Board could take prior to the April CRA meeting. The only date is the March 20th meeting. Chair Grant requested a vote on the motion to send a demand letter. Vote The motion unanimously passed. Chair Grant requested a motion for the special meeting on March 20th before the City Commission meeting at 6 p.m. to get an update. Motion Board Member Casello moved to approve a special meeting. Board Member McCray seconded the motion that unanimously passed. G. Project Update for 480 E. Ocean Avenue Chair Grant noted the developer received a temporary Certificate of Occupancy, which was extended to March 5, 2018. The CRA extension was for a Certificate of Completion, so the developer is technically in default. Chair Grant asked if the Board would make a decision how to proceed after the Certificate of Occupancy runs out in March or if they should notify them they are in default now. Attorney Duhy explained she issued, on the Board's behalf, letters to the property owner about non-compliance. The Board could issue a formal notice of default of the agreement by the March date. The Board would be in the same position as with the Magnuson House. Chair Grant felt a special meeting was not needed, but the Board should send a letter indicating if there is no Business Tax Receipt for the location, they are in default. They did get the Temporary Certificate of Occupancy, but if they are continuing to get extensions, the Board wants either the Business Tax Receipt or completion of the Certificate of Occupancy within 30 days. Board Member McCray agreed Mr. Simon explained in the attachment, staff had recommended a letter be sent from legal counsel, which was sent on February 61h as a reminder of the obligations of the property owner which was received on November 30th. They sent a letter to the owner's attorney requesting an update. If the Board wants to send another letter that could be more direct, the Board could. There has been no response to the February 6th letter. Chair Grant requested a motion to send a demand letter for the Business Tax Receipt for the location or a Notice of Default within 30 days, even though have a certificate of occupancy as it is not per the agreement. 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 Mr. Simon advised there has been no contact with him or the City, but the contractor reached out to the City and the City gave an extension three times. The City was working hard to get them to address minor items. They are not insurmountable improvements, but they are eligible to operate. Attorney Duhy suggested asking them in a letter to attend the April meeting, failing their completion to provide what the Board was asking for. Motion Vice Chair Katz moved to have Attorney Duhy issue the formal default letter. Board Member McCray seconded the motion that unanimously passed. This item will come back in April unless they have the Certificate of Occupancy. 14. New Business A. Consideration of Purchase and Sale Agreement with Larann LLC for the Property located at 201 NE 9th Avenue Chair Grant discussed this issue with Mr. Simon and commented the issue is there is only a 10-day inspection period, which does not give enough time for the Board to see the inspection report and determine if the Board wants to purchase the property without the ability to get their deposit back. He asked if the Board wanted to approve the acquisition with 30 days so they could review the inspection report before purchasing the property. Mr. Simon explained the home was in the HOB and the Board could indicate they would have a special meeting if something egregious was found. Mr. Simon explained the contract was presented to owner with the standard form with a 30-day feasibility period. The amended contract came back shortened the period to 10 days. There is a clean deed. The structure would be demolished, but it is currently occupied. There is an active Business Tax Receipt, but if the CRA, as the new landlord saw there were questionable living conditions or the tenant had a concern that was not addressed by the previous landlord, the CRA would have to keep the structure to code. One lease ends in May and the other ends in August. There are no active code violations. Board Member McCray favored an inspection. Motion Vice Chair Katz moved to approve pending the owner agreeing to the original specifications of 30 days. Chair Grant suggested the Board could agree to use the Executive Director's discretion after he reviews the inspection report. He commented there is a signed contract and if they miss this opportunity because they ask for 30 days, he could change the price. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 Motion Vice Chair Katz modified his motion to purchase the property with the ability of the Executive Director to withdraw after viewing the inspection report. Board Member Casello seconded the motion that unanimously passed. Mr. Simon will review the inspection report and make the decision on behalf of the Board to purchase or not. B. Consideration of Approval of Costa Center, LLC's Performance Audit for Year Ending December 31, 2017 for the Casa Costa Project Mr. Simon explained this item is an annual item due to the DIFA on the Casa Costa project, formerly known as the Promenade. The agreement requires an audit and performance audit of the terms required by the agreement. They submitted the audit for the year ending September 30, 2017. Staff has reviewed it and the audit is in compliance with the agreement requiring 10% of retail space (1,930 square feet) of the total retail square footage to be offered at half the average rental rate ($12.50 per square foot). A motion was needed for CRA staff to process the request for payment. Board Member Casello commented this was the first time progress was made. Motion Vice Chair Katz moved to approve, Board Member McCray seconded the motion that unanimously passed. C. Consideration of Interlocal Agreement for Technical Support Services with the City of Boynton Beach Mr. Simon explained this Interlocal Agreement is for the City to provide Information Technology services for three years with a 3% yearly increase. It was previously in place, but it had expired. A new Interlocal Agreement was attached and reviewed by both the CRA and City Legal staff. Motion Board Member McCray moved to approve. Board Member Casello seconded the motion that unanimously passed. D. Consideration and Discussion of Outsourcing Legal Services for Human Resources Mr. Simon explained the CRA is looking for the opportunity to save money on legal expenses if there is a human resource issue outside the review and parameters of 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 executive staff. Lewis Longman and Walker solicited proposals from qualified labor law firms and reviewed them. One proposal staff recommended was from Christine Hanley. Attorney Duhy explained this idea came about as a best practice some time ago to have an employment attorney on retainer who does not work as the Board's Attorney and is not Mr. Simon as an extra level of protection if a complaint arose to the level requiring an outside attorney be used. There is no retainer fee to bring on the attorney as the attorney would work on an hourly and as needed basis. It is a best practice to have and it would avoid any appearance of impropriety in the handling of a complaint by someone who works closely with the Board on a day-to-day basis. Board Member Casello asked how a complaint would currently be handled. Mr. Simon explained other than best practices in management from Mr. Simon or Ms. Shutt, there is no other avenue to submit a grievance beyond his or Ms. Shutt's review. There is no assistance from the City's Human Resource Department. Staff worked diligently to address this issue as time changed. He hoped the Board would approve the request and clarified there is no complaint or issue, but they want to have something in place if an issue should arise. Attorney Duhy explained if a complaint arose, the employee would still be brought in to Mr. Simon or Attorney Duhy who would then, as a matter of process, forward it to the attorney. Board Member Casello asked how a complaint against Mr. Simon would be handled and learned they would identify a second person to be notified which was Attorney Duhy and she would forward it to the attorney. Board Member McCray asked if the City's Human Resources Department does anything with the CRA and learned the CRA has an ILA for health benefits and payroll management. The City's Human Resource Department assists with job postings, processing of resumes and drug testing. From a complaint process, it is not part of the ILA and in the past, that part of the ILA was not helpful for potential conflicts of interest. Board Member McCray favored the request as long as there was an ILA. Motion Board Member McCray moved to approve. Vice Chair Katz seconded the motion. A tentative hourly rate was included in the meeting backup, which would be paid if needed. Staff would also notify the Board of any incidents that would require using the attorney. Chair Grant noted the CRA has policies for discrimination and harassment. Mr. Simon explained there would be revisions to the employee manual as revised with outside counsel and the process to be followed if a complaint is not resolved and how to go to the next level. The last time the employee manual was updated was for the credit card policy in 2017. The last major overhaul was in 2011 or 2012. Board Member McCray requested a copy. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 Vote The motion unanimously passed. E. Consideration of Letter of Interest/Intent for the purchase of property located at 115 N. Federal Highway. Mr. Simon advised this item was based on discussions held by CRA staff with representatives of the owners of the property at 115 N. Federal Highway, the United Congregational Church of Christ on the north side of the property at the corner of NE 4th Street and 1St Avenue. The property is in the CRA plan and within the CRA parking analysis and the City and CRA parking plans as it relates to Transit Oriented Development. It is in the Central Business District and has a mixed-use land designation. Staff is ordering an appraisal and has been discussing the owner's opinion of value, which is not statutorily equivalent with an appraisal, and the CRA must operate within the Statute for acquisition. There are many uses for the property and it is an unusual opportunity for the CRA. Options for the Board to consider were included such as a letter of Interest and bringing back any response at the March meeting Vice Chair Katz wanted Mr. Simon to engage and investigate the acquisition as it presents a lot of opportunity. If the CRA does not purchase the property, someone else will and they will approach the CRA seeking benefits for development. The CRA may as well be the property owner. Then, they will have complete control over development. He favored dialogues to ascertain cost and other details. Mr. Simon commented the Church decided to evaluate their holding and they are seriously exploring a sale. Board Member Casello asked if the Church was discussing a sale with any other potential buyers. Mr. Simon replied not to his knowledge. Church staff has not shared any other offers or potential interest. Board Member McCray favored acquisition and asked if there were funds to purchase the land. He supported purchasing the property because others would and they will be held hostage for development just as the same occurred on MLK Jr. Boulevard. Susan Oyer, 147 SE 27th Way explained her family approached the Church for years to buy half of the parking lot as they only have eight parking spaces and they need 43 to accommodate the businesses they own on Ocean Avenue. The Church did not want to sell piece meal. She explained there was another offer that was not accepted and if the CRA acquired the property and wanted to sell them 44 to 45 spaces, they would be happy to buy them. Chair Grant explained this parcel was part of the Boynton Beach Boulevard, Ocean Avenue and Federal Highway node. He thought it was a good opportunity. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 Motion Upon motion made and seconded by Board Member McCray, there was unanimous consensus to proceed. F. Potential RFP for the MLK Corridor Vice Chair Katz wanted discussion on the MLK Corridor noting no agreement was reached to invest funds to build commercial development along the MLK Corridor at the last meeting. He asked if the Board could draft a few investment concepts offering financial incentives, so if the Board issued an RFP to build commercial property, it would receive a response. He did not want the potential to exist to build commercial buildings and have them stall because there was no support for a full investment from the CRA. Ocean Breeze had indicated if they offered incentives, someone may want to negotiate. Vice Chair Katz sought direction from the Board and felt it was an opportune time to do so and this was an investment in the Heart of Boynton. Chair Grant favored the CRA Advisory Board reviewing the item and holding a community meeting to receive input on what residents want on the Corridor. He also requested they include 1110 N. Federal Highway as well. Board Member McCray liked the community input meeting, but pointed out the CRA held a charrette over 26 years ago. If a community meeting is held, the CRA should be ready to deliver. Board Member Casello commented the CRA is using tax dollars and did not want to move forward just because residents want something. He did not want to spend $1 million and hope development occurs. He suggested talking to professionals that are in the building trade. He has heard business suggestions ranging from food markets to pool halls. If the CRA is unsuccessful, it would set MLK back 20 years. Board Member McCray favored a RFP, but wanted to study the plan. He wanted development right the first time. Board Member Casello agreed. Mr. Simon agreed to put something in place for the March CRA Advisory Board meeting and noted developers would have two opportunities to speak. Mr. Simon explained the CRA Advisory Board assignment is using the meeting to gather public input and have them provide additional comments. The second component is to formulate staff's recommendation for an RFP or gather the Advisory Board's recommendation for the RFP in March. Chair Grant commented they wanted a basis of what they would discuss for the RFP. Vice Chair Katz agreed. They should define basic parameters. He asked if there was consensus the development would be a commercial project. Chair Grant commented the land has mixed uses and he liked commercial buildings with residential above. 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 Board Member Romelus asked if the Board recently issue an RFP for MILK. Mr. Simon explained not since the failed response from NuRock. Board Member McCray pointed out one person wanted a pool hall on MILK Jr. Boulevard, and cautioned if one is opened, the Board was inviting problems. Vice Chair Katz agreed the focus of the discussion should be about commercial or retail, not very specific businesses. The area has to walk before it runs and the CRA cannot dictate what businesses will locate to the area. Board Member McCray suggested sticking with a mixed-use RFP and bring it back to the Board. Information will be presented at the March meeting regarding the MILK corridor to fine tune points in the RFP for the April CRA Advisory Board Meeting. Board Member Romelus requested including language in the RFP indicating there will be a community partnership and working with local business to incorporate them into what is newly constructed. She wanted to ensure the CRA encourages prosperity and growth along MILK and allowing for businesses currently there to be viable. Mr. Simon indicated there was a request from Ms. Hoggins to revisit item XIII C for comments from her. Lashendra Hoggins Wilson, 508 NW 12th Avenue, explained she was not present for the approval of the item earlier in the meeting, but she wanted clarification on what was approved. It was explained the subordination was approved so she now had the ability to refinance. She asked if the approval was for remodeling or cash out to pay down debt because there are specifics in the contract. Chair Grant explained the Board did not have any specifics regarding the subordination. The CRAs position will be behind the new loan that could be used for whatever funds she could get from the equity she had. Ms. Wilson explained there was an offer regarding the possibility of a write off or buy out of the CRA contract. She was unsure it was still under discussion. Chair Grant explained if Ms. Wilson wanted to make an offer, the Board would listen. She was still speaking with the lender and they questioned what the amount was. Chair Grant recalled the CRA was entitled to 50% of the equity, up to $47,000. He asked if the Board was willing to accept a sum less than $47,000 so she could own her home free and clear with one mortgage instead of two. Ms. Wilson was certain the bank would not give her the $47,000. Chair Grant explained the Board would review any reasonable offer. 15. CRA Advisory Board A. Approval of CRA Advisory Board Meeting Minutes - January 4, 2018 B. Pending Assignments 1. None C. Reports on Pending Assignments 1. None 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 D. New Assignments 1. None 16. Future Agenda Items A. Boynton Beach Boulevard Streetscape Improvement Project Update B. Consideration of Purchase of 521 N. Federal Highway C. Discussion Regarding Redevelopment Options for CRA Owned Parcels within the MLK, Jr. Boulevard Corridor D. Consideration for Revision to the CRA Procurement Policy Including a Local Business Preference Under a Competitive Process E. 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) F. Solid Waste Authority Grant Results 17. Adjournment There being no further business to discuss, Board Member McCray moved to adjourn. Board Member Romelus seconded the motion that unanimously passed. The meeting was adjourned at 8:39 p.m. Catherine Cherry " Minutes Specialist 20 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 CONSENT AGENDA AGENDAITEM: 10.11). SUBJECT: Approval of Contract with Ford Harrison, Global HR Lawyers for Human Resource Services SUMMARY: At their February 12, 2018 meeting, the CRA Board approved staff's recommendation to engage the law firm of Ford Harrison, Global HR Lawyers, Inc. to provide the Agency with legal services related to specialized human resource issues not currently being provided under the Interlocal Agreement (I LA)with the City of Boynton Beach. Under the terms of the agreement (see Attachment 1), Ford Harrison would only register costs or fees when an issue needing their services arises, no monthly retainer is required. The cost for use of Ford Harrison's legal services is on an "as needed only basis," fees therefore are only charged when or if needed. CRA staff and legal counsel have made the necessary revisions to the Agency's Human Resource Manual to describe the procedure and internal process and when these services are available for an employee. FISCAL IMPACT: Fiscal Year 2017-2018 Budget, Line Item # 01-51420-200 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Community Redevelopment Plan CRA BOARD OPTIONS: Approve the engagement Agreement with Ford Harrison, Global HR Lawyers for qualified legal human resource services. ATTACHMENTS: Description D Attachment I - Ford Harrison Agreement D Attachment II - Letter of Interest for Services: Ford Harrison lus Laboris USA, Global HR Lawyers 1450 Centrepark Boulevard I Suite 325 West Palm Beach, Florida 33401 Tel 561-345-7500 1 Fax 561-345-7501 Writer's Direct Dial. CHRISTINE D. HANLEY 561-345-7502 chanley@fordharrison.com February 23, 2018 BY E-MAIL ONLY PRIVILEGED & CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION Boynton Beach Community Redevelopment Agency c/o Lewis Longman & Walker 515 North Flagler Drive, Suite 1500 West Palm Beach, FL 33401 Dear Agency Board: Re: Engagement of Ford & Harrison LLP (General Employ Matters We are pleased to have the opportunity to represent Boynton Beach Community Redevelopment Agency regarding such employment and labor relations matters as may from time to time arise. Under your guidance, we will do our utmost to provide your company with the highest level of professional legal services and counseling. This letter sets forth and confirms the terms under which we have been retained to represent Boynton Beach Community Redevelopment Agency (hereinafter `BBCRA" or "you"). Our Representation The attorneys in our firm limit their practices to specific employment-related areas such as the defense of employers in employment litigation, benefits, business immigration, and labor law. All of our attorneys are well versed in their areas of practice, although some have greater experience in particular areas. Generally, we assign matter responsibilities and tasks based on the degree of experience and expertise required for a particular component of your defense. As a result, various attorneys may participate in representing your interests. We may also utilize our www.fordharrison.com I www.iuslaboris.com Boynton Beach Community Redevelopment Agency BY E-MAIL ONLY February 23,2018 PRIVILEGED&CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION paralegals and other support staff as needed. In doing so, we strive to assign your work to the most effective and economical level in the legal team. Of course, the scope of our representation may expand from the work described above as agreed by you in writing or to the extent of the work actually rendered and billed. Our Fees Rates I will have overall responsibility for the firm's representation of BBCRA. My hourly rate is $585; other attorney rates in the West Palm Beach office range from $500 to $585; our paralegals are billed at $290 per hour. However, we are pleased to offer you a special discounted non-profit hourly rate. The attorneys will bill at a reduced rate of$285 per hour, and paralegals will bill at a rate of$110 per hour. We typically review and adjust attorney and paralegal rates effective at the beginning of each year. Invoices Prompt Payment and Resolution of Issues - We will send you a monthly invoice for our services and expenses and you agree to pay our invoice within 30 days of its date. We strive to make our invoices simple and clear so that you may use them, along with our other communications with you, to keep apprised of the progress of your matter. However, we encourage you to contact us immediately if you have any questions, concerns, or objections relating to your invoice. After 60 days from the date we transmit your invoice to you, all billings not previously objected to in writing shall be deemed accepted by you and any objections not raised will be deemed waived. Expenses - We will furnish itemized statements to include all necessary and reasonable expenses incurred and disbursements made by us in the performance of such services, including expenses for any courier and express services, copying, printing, travel, court costs, court reporter fees and other expenses. Unlike many firms, we do not bill for long distance telephone expense or computerized research services. In addition to our legal services, we bill our clients for all costs advanced and expenses incurred on their behalf. We will advance and pay invoices or statements for all minor or incidental costs, such as depositions, printing, etc., under $500. Any invoices or statements that are in excess of this amount will normally be sent directly to you for payment. We expect that all statements will be timely paid. 2 of 7 www.fordharrison.com ( www.iuslaboris.com Boynton Beach Community Redevelopment Agency BY E-MAIL ONLY February 23,2018 PRIVILEGED&CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION E-Discovery - If necessary for the handling of this matter, we will also charge for time spent processing and loading data into any software database we may utilize to manage, review, and access evidence, for the electronic storage of any such evidence, and for the services of our litigation support personnel. Generally, you should assume we will utilize these services for any litigation matter. I will be happy to provide you with information regarding our fees for these services upon your request. Attorney Fee Awards — In some matters, it is possible the Court, an Agency, or an arbitrator may order the opposing party to pay all or a portion of your attorney fees and costs. In such a matter, if those fees are paid to us, we will credit the amount against any outstanding balances you may owe us. You will remain responsible for any remaining balance owed. If you are ordered to pay the attorney fees and/or costs incurred by the opposing party, you will be required to pay those fees separate and apart from, and in addition to, any amounts due us. Zealous Representation, but No Guarantees The American Bar Association's Model Rules of Professional Conduct and most state bar associations require us, as advocates on your behalf, to represent your interests zealously. We take our obligations seriously and will always strive to protect your interests to the best of our abilities. However, neither we nor any other law firm can guarantee the success of any given venture or the outcome of any legal dispute. Although we will do our best to provide you with our opinion, when requested, about the possible outcome of any matter in which we represent you, our opinion can never equate to a guarantee of success. Likewise, we cannot guarantee in advance what your total fees may be in this litigation. During the course of this litigation, we may be required to comment on the projected costs and fees involved or you may ask us to submit one or more budgets to you. Although we make every effort to be accurate, you agree that these projections and budgets, as well as any other comments we may make in this context, are not guarantees. Your Oblizations to Us In addition to your duty to pay our invoices timely, we expect that you will assist us and cooperate with us to the greatest extent possible in the course of our _ ......... ..... - -- .._ — 3 of 7 www.fordharrison.com I www.iuslaboris.com Boynton Beach Community Redevelopment Agency BY E-MAIL ONLY February 23,2018 PRIVILEGED&CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION representation. You agree to respond fully to any inquiries we make and to provide us necessary written materials, documents or any and all other information we require during your representation. You understand and acknowledge that failure to provide us with this information in a timely fashion could prejudice your case, increase your attorneys' fees and costs, expose you to possible court sanctions and ultimately interfere with our ability to represent you effectively. Termination of Representation We will always strive to earn and retain your business. In so doing, we will make every effort to provide you with the best client service possible. As a result, we cannot foresee any circumstances that would lead us to terminate our attorney- client relationship, except our successful completion of this representation. Nevertheless, you have the right to terminate our relationship at any time and for any reason. Likewise, we retain the right to discontinue work on pending matters or terminate our attorney-client relationship at any time for any reason, subject to our giving you reasonable notice to obtain alternative counsel. In particular, we reserve the right to stop working on any or all pending matters or to terminate our attorney- client relationship when an invoice remains due and unpaid 60 days after it has been sent, at any time we feel our relationship with you puts us in violation of the applicable Rules of Professional Conduct, or at any time termination is required or permitted by law. Under these circumstances, you agree not to contest our withdrawal from any court or administrative proceeding. Your Property You own all files and/or documents retained at our firm that related to your representation, except for our internal and/or administrative documents, such as attorney and paralegal time sheets. You may access these materials at any reasonable time, and upon termination of our relationship, you may withdraw these materials at any time with prior written notice to us. We reserve the right to make a copy of any files and/or documents you wish to remove at your expense. We will usually destroy all files 10 years after the cessation of representation in a matter unless you request their return. _... - .....................---........_- 4 of 7 www.fordharrison.com I www.iuslaboris.com Boynton Beach Community Redevelopment Agency BY E-MAIL ONLY February 23,2018 PRIVILEGED&CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION Disputes Generally, we try to operate on the principle that "the client is always right." In the event a dispute arises between us, you may be assured that we will make every reasonable effort to resolve it to your satisfaction. For this reason, we encourage you to bring any concerns you may have regarding our representation, including, but not limited to the quality of our work, the adequacy of our representation or the fees we charge to our attention promptly. Nevertheless, we recognize that a dispute may arise that is not subject to an amicable resolution despite the good faith efforts by all involved. Final and Binding Arbitration - You and we agree that all disputes regarding our legal services provided pursuant to this agreement or otherwise will be submitted exclusively to final and binding arbitration as described below. In addition, you and we agree that such disputes regarding our legal services that may be advanced properly through the appropriate Bar association's mandatory dispute resolution procedures may first proceed through those procedures, though if waived or when exhausted, these disputes shall also be subject to final and binding arbitration as described below. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (or pursuant to JAMS' Streamlined Arbitration Rules and Procedures for matters with less than $250,000.00 in dispute). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. No Jury Trial - For the most part, arbitration is faster and less expensive that civil litigation; however, there is no right to a jury trial, and the arbitrator's legal and factual determinations are generally not subject to appellate review. Arbitrator Selection Process — It is further agreed and understood that initial resort to the courts by either party shall not be considered a waiver of that party's right to compel binding arbitration under this provision. When the amount in controversy is $100,000 or greater, each side will select an arbitrator. Those arbitrators shall then select a retired judge or justice as a neutral arbitrator. The three arbitrators shall decide all disputed matters and render an award. When the amount - -------- -------- -------- --------------- 5 of 7 www.fordharrison.com I www.iuslaboris.com Boynton Beach Community Redevelopment Agency BY E-MAIL ONLY February 23,2018 PRIVILEGED&CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION in controversy is less than $100,000, a single neutral arbitrator who shall be a retired judge or justice shall decide the matter. Arbitration Procedure - Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. Venue — Any legal action or arbitral proceeding hereunder shall be commenced where the firm performed the majority of the legal services that are subject to the dispute or where payment of fees and costs for those services is due. Applicable Law — Arbitration shall be in accordance with the law of the state in which the proceedings are commenced. Attorneys' Fees and Costs _ Each side shall bear its own attorney fees and costs incurred as the result of any arbitral or civil litigation arising from a dispute under this agreement. Right to Independent Counsel—You have the right to discuss this agreement, including the pros and cons of arbitration with us or with independent counsel or with any other advisor you may have. We encourage you to ask any questions you may have prior to signing this agreement. Acknowledgment Please sign and date this agreement and return it to us, keeping a signed copy for your records. We appreciate the confidence you have in our firm and we look forward to working with you. cerely, HRISTINE D. HANY CDH1rmg 6 of 7 www.fordharrison.com I www.iuslaboris.com Boynton Beach Community Redevelopment Agency BY E-MAIL ONLY February 23,2018 PRIVILEGED&CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION APPROVED, ACCEPTED AND AGREED TO THIS DAY OF 920 Boynton Beach Community Redevelopment Agency By: Member of the Board - ----- ------------------------------- 7 of 7 www.fordharrison.com I www.iuslaboris.com lus Laboris USA Global HR Lawyers 1450 Centrepark Boulevard I Suite 325 1 1 West Palm Beach, Florida 33401 L L -A F0,r&iarrison Tel 561-345-7500 1 Fax 561-345-7501 CHRISTINE D.HANLEY 561-345-7502 chanley@fordharrison.com October 17, 2017 BY E-MAIL ONLY Kathryn B. Rossmell Lewis Longman Walker 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 Dear Kathryn: Re: Letter of Interest for Representation of Boynton Beach Community Redevelopment Agency We greatly appreciate your continued consideration of FordHarrison in your search for counsel on behalf of the Boynton Beach Community Redevelopment Agency ("BBCRA"). We have been fortunate to work with BBCRA in the past, and would be pleased to provide ongoing counsel to them in a more formalized arrangement. Based on our conversation and the information you provided on their needs in the area of human resources and employment-related matters, we are confident that FordHarrison will be an exceptional fit, and we look forward to the opportunity to work with you and BBCRA. Allow me to provide a bit of background on our firm. FordHarrison LLP is a national law firm practicing exclusively in the area of labor and employment law. We currently have more than 200 attorneys practicing in 29 offices nationwide. With over 40 attorneys practicing in 7 offices in Florida, including our office in West Palm Beach, FordHarrison is one of the largest law firms in the state practicing exclusively in labor and employment. Our significant bench strength both state and nationwide, combined with our firm's collegial and collaborative culture, affords us the ability to leverage our expertise along with that of our colleagues, to provide the highest level of legal services to clients like BBCRA, in the most cost-effective manner possible. We are able to address the stated needs of BBCRA in the areas of human resources and employment-related matters; our firm is able to provide BBCRA with the tools they need to address any issues they may have as they relate to human resources and employment law, and to minimize their risk of exposure. We routinely advise clients on all matters affecting the employment relationship, including recruitment, hiring, retention, discipline and termination issues. Our practical day-to-day advice is geared toward helping clients like BBCRA achieve their operational and human resources goals while reducing the potential for disputes and lawsuits. Our counseling expertise includes, but is not limited to: designing policies and practices that are consistent with our clients' philosophies and business goals, and minimizing the risk of successful claims; regularly and rapidly advising clients, through "alerts" and "updates," on important new cases in every jurisdiction as well as changes in employment laws; www.fordharrison.com I www.iuslaborls.com Kathryn B. Rossmell October 17, 2017 evaluating employment vulnerabilities through personnel audits and reviews of policies and handbooks; training management and rank-and-file employees in areas such as harassment, discrimination, retaliation, discipline and discharge; and, assisting clients on day-to-day employment issues, such as hiring, firing, discipline and leave. In short, we are able to satisfy BBCRA's stated needs and more.' FordHarrison attorneys partner with our clients. We are invested in their future and success, and it is our aim to help them meet their goals. We do not believe in "one-size-fits-all" solutions. We work with our clients to learn their cultures, their challenges, and their goals to ensure that we provide proper counsel in resolving any issues as effectively and expeditiously as possible. To that end, I have included with this letter a copy of our firm's proprietary promise to clients. The FH Promise is a set of five core principles — a mantra of sorts —that we set forth in order to remind our attorneys and our staff that client service is of the utmost importance to any business, and at FordHarrison, client service is integral to our firm culture. For BBCRA we propose a team which consists of the following (full biographies of each attorney are also enclosed): Christine Hanley— Partner(West Palm Beach Office) Christine is the managing partner of FordHarrison's West Palm Beach office. In practice for more than 25 years, Christine is a compliance generalist; her practice focuses on regulatory issues affecting the employment relationship. She is Board Certified in Labor & Employment Law by the Florida Bar and is certified as a Senior Professional in Human Resources (SPHR) by the Human Resources Certification Institute (HRCI). She is also recognized as a Senior Certified Professional (SCP) by the Society for Human Resource Management(SHRM). Bari Goldstein— Partner(West Palm Beach Office) Bari represents and counsels private, not-for-profit and public sector employers on regulatory issues affecting the employment relationship. Bari is certified as a Senior Professional in Human Resources (SPHR)by the Human Resources Certification Institute (HRCT), as well as a Senior Certified Professional (SHRM-SCP) by the Society for Human Resource Management (SHRM). Bari is also a qualified EEO investigator. Bari is past President of the Board and Chair of the Human Resources Committee for Families First of Palm Beach County, as well as an active alumnus of Leadership Palm Beach County and past co-chair of the Class Project Committee. David Gobeo— Partner (West Palm Beach Office) David's practice is focused on the representation of management in a broad range of employment matters including against claims of discrimination, harassment and wage and hour violations. He routinely handles lawsuits involving the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Americans We have represented the Town of Jupiter Island for over twenty years in much the same relationship capacity that BBCRA seeks to establish. Jupiter Island Town Manager Gene Rauth has agreed to speak with you about our team and our services; he may be contacted at 1-772-545-0110. Other municipal references are available upon request. _w 2of3 Kathryn B. Rossmell October 17, 2017 with Disabilities Act, Title VII of the Civil Rights Act, and the Florida Civil Rights Act; as well as litigating non-compete and trade secrets matters. David also represents clients in charges of discrimination before the Equal Employment Opportunity Commission, the Florida Commission on Human Relations, and various local agencies. David also advises clients on the use of employment policies and procedures to reduce litigation risk. FordHarrison is committed to providing the highest quality legal services to our clients in the most cost-effective manner possible. We understand and appreciate the challenges facing employers, and we have made it our goal to do all that we can to ease the burdens they face when it comes to their time, goals, and budgets. With that in mind, we are prepared to offer BBCRA a blended hourly rate of $285.00 per hour. This is significantly discounted from our standard rate, and represents our lowest rate for municipal and not for profit clients. Additionally, as a client of FordHarrison, BBCRA will have access to our complimentary suite of value-added resources, designed to educate their team and keep them abreast of the latest developments in both labor and employment law. This suite of value-added resources includes: Complimentary Webinars BBCRA will receive invitations to FordHarrison's complimentary webinars covering emerging labor and employment issues. Recent topics have included the new DOL overtime rules, sexual orientation and gender identity in the workplace, the Affordable Care Act, religious accommodations in the workplace, pregnancy accommodation standards, immigration, and practical strategies for human resources record keeping. FordHarrison Publications BBCRA will receive access to all standard FordHarrison publications including Legal Alerts, newsletters, and surveys. FordHarrison SourceBook Members of BBCRA's legal and human resource teams will be provided complimentary copies of our firm's most recent edition of the FordHarrison SourceBook in hard copy and on searchable USB device. Online access is also available. Our SourceBook is a concise, yet comprehensive, arsenal of labor and employment information that our clients use routinely throughout the year. This proprietary resource is updated annually and when used in conjunction with our additional resource materials, will help ensure that BBCRA is never caught off-guard by developments in labor and employment law. Again,thank you for the opportunity to provide you with our proposal of service for BBCRA. If you have any questions regarding this proposal, please do not hesitate to contact me. I look forward to hearing from you. rely, CHRISTINE D. HANLEY CDH/TAM Enclosures 3 of 3 - - lus La oris USA Global HR Lawyers FordHarrison We ill make your job easier. • We will understand your goals and collaborate with you on legal strategy to meet them. • We will use your time efficiently and respectfully. • We will flag unanticipated issues as they arise. • We will treat your internal administrative processes, including budgets and status reports, like our own. • We will provide relevant,timely updates after new legal developments that impact your organization, so that you have the information you need,when you need it. • We will provide additional value-added resources based on your needs,such as the FordHarrison Sourcebook, customized portals/extranets, and remote training options. We will know your business . • We will meet with you on-site to learn about your objectives,your business,and your people—at no charge. • We will work with you to identify mutually beneficial opportunities to send our best,experienced associates to work with your legal department to understand the expectations of in-house counsel from the inside out. • We will educate our lawyers about the day-to-day responsibilities and challenges faced by in-house counsel and human resources professionals. We will be proactiveII . • We will debrief with you to improve our service and resolve relationship or process issues at your convenience on your schedule. • We will conduct formal client service interviews with major clients on an annual basis. • We will address any client service issues immediately. While you can always contact any of our partners,our Managing Partner, Lash Harrison(404-888-3801, Iarrison@fordharrison.com)is always available to address your questions or concerns about the FH Promise or any aspect of our representation. We ill manage your costs like . • We will actively manage legal costs consistent with your internal goals and processes. • We will collaborate with you on budgets and staffing plans for the best value possible. • We will track costs against your budget and be accountable for our performance. • We will be your"alternative fee arrangement experts"and help you assess situations when an AFA may be the right option based on your objectives for the matter. We will use our best resources to provideti li . • We will continue to invest in innovative technology to improve efficiency. • We will train our lawyers to be knowledge management experts, using the FordHarrison custom library of templates, checklists,and guides to maximize productivity and work product quality. • We will staff your cases with lawyers of the appropriate skill-level and cost structure based on your specific needs and objectives. www.fordharrison.com lus Labons LSSA Global HR Lawyers FordHarrison a.� Christine D. Hanley ,t Partner West Palm Beach Melbourne chanley@fordharrison.com " t P: 561-345-7502 Christine Hanley is a compliance generalist; her practice w'-'- focuses on regulatory issues affecting the employment BAR ADMISSIONS relationship. Florida She develops human resources policies, programs and training Georgia courses. Her legal expertise includes internal investigations, litigation, arbitrations, mediations, negotiations, administrative COURT ADMISSIONS hearings and affirmative action compliance and plan U.S. Supreme Court development. U.S. District Court for the Christine is Board Certified in Labor& Employment Law by the Northern District of Florida Bar and is certified as a Senior Professional in Human Georgia Resources (SPHR) by the Human Resources Certification Institute (HRCI). She is also recognized as a Senior Certified U.S. Court of Appeals for Professional (SCP) designation by the Society for Human the Eleventh Circuit Resource Management (SHRM). Georgia Court of Appeals U.S. District Court for the REPRESENTATIVE EXPERIENCE Northern District of » Provided legal direction and practical guidance to Florida municipal employer in the conversion of its pension U.S. District Court for the benefit from a defined benefit plan to a defined Southern District of contribution plan. Florida » Counseled and advised dozens of employers seeking to U.S. District Court for the cure FLSA compliance deficiencies. Middle District of Florida » Strategized and facilitated organizational reengineering EDUCATION effort involving over 100-member information technology University of Miami department. School of Law » Provided legal direction and practical guidance to scores J.D., 1989 of federal government contractor employers ranging from University of Miami those just subject to the coverage thresholds to national M.B.A., 1985 employers with over 30,000 employees in developing and implementing their affirmative action programs and in LANGUAGES complying with their related obligations. Italian (Proficient) HONORS & AWARDS » "2017 Women in the Law" by Best Lawyers magazine » Selected to Profiles in Diversity Journafs 2015 "Women Worth Watching" list 1 lus Laboris LISA Global HR Lawyers » Named one of Boca Raton's "Expert Lawyers of 2016" by the Boca Raton Observer. » 2014 Recipient of the Women in Leadership Award by the Executive Women of the Palm Beaches » AVO Preeminent Peer Review Rated by Martindale- Hubbell » The Best Lawyers in America, (2008-2017) » "Florida Super Lawyers," Super Lawyers magazine (2006- 2017) » 2011 Women Extraordinaire Business Leader magazine » Chamber of Commerce of the Palm Beaches 2011 Athena Business Award » Florida Trend's "Legal Elite" (2010) » "Pro Bono Employment Law Award" (1999) and "Pro Bono Firm Award" (2010), Palm Beach County Legal Aid Society » Chamber of Commerce of the Palm Beaches 2010 Small Business Person of the Year Award » Academy of Florida Management Attorneys Past Presidents'Award (2006) » "Heavy Hitter in Human Resources" by the South Florida Business Journal(2004) » "Best of the Bar," South Florida Business Journal(2004) MEMBERSHIPS » Federal Bar Association » Charter Member and Past President of Academy of Florida Management Attorneys » Palm Beach County Bar Association, CLE/Employment Law Committee Chair 1995-96, 1996-97, 2012-13 » American Inns of Court LIV, Craig S. Barnard Chapter, Emeritus Member » Chamber of Commerce of the Palm Beaches, General Counsel, Trustee and (former) Board Member » Executive Women of Palm Beach County » Rotary Club of West Palm Beach » Forum Club of the Palm Beaches » Board of Directors of the Boys and Girls Clubs of Palm Beach County, Vice Chairman of Operations bus Laboris IDSA Global HR Lawyers FordHarrison EVENTS & PRESENTATIONS » November 09, 2017 - "Hot Employment Law Topics Challenging the Workplace - Is Your Employer Ready?" - Seminar- Melbourne, FL » October 18, 2017 - "The Eye of the Storm: A 360 View of the Issues and Impacts of Natural (and not so Natural) Disasters," Seacoast Bank PBC Business Development Board » October 12, 2017 - "But Did You See The Bacteria?" 2017 Knowledge Series - Chamber of Commerce of the Palm Beaches » July 13, 2017 - "The Fair Labor Standards Act... Where Are We Now?" 2017 Knowledge Series - Chamber of Commerce of the Palm Beaches » June 06, 2017 - "The Prism of Workplace Violence," Calibrate seminar NEWS & INSIGHTS » November 30, 2016 - OSHA Anti-Retaliation Rule Will Take Effect December 1 » November 2016 - "What impact could Trump's election have on employers?" Georgia Employment Law Letter » November 09, 2016 -What Impact Could Trump's Election Have on Employers? » November 09, 2016 - "BigLaw Reacts To Trump's Election To The White House," Law360 » October 24, 2016 - OSHA Update— Enforcement of Anti- Retaliation Rules Delayed OFFICE » West Palm Beach: 1450 Centrepark Boulevard Suite 325 West Palm Beach, Florida 33401 » Melbourne: 1901 South Harbor City Boulevard, Suite 501 Melbourne, Florida 32901 lus Labors IDSA Global HR Lawyers FordHarrison David M. Gobeo Partner /' West Palm Beach dgobeo@fordharrison.com P: 561-345-7512 David Gobeo focuses his practice on the representation of management in a broad range of employment matters BAR ADMISSIONS including against claims of discrimination, harassment Florida and wage and hour violations. David routinely handles lawsuits involving the Fair Labor COURT ADMISSIONS Standards Act, the Age Discrimination in Employment Act, the U.S. Court of Appeals for Family and Medical Leave Act, the Americans with Disabilities the Eleventh Circuit Act, Title VII of the Civil Rights Act, and the Florida Civil Rights U.S. District Court for the Act; as well as litigating non-compete and trade secrets Middle District of Florida matters. David also represents clients in charges of discrimination before the Equal Employment Opportunity U.S. District Court for the Commission, the Florida Commission on Human Relations, and Northern District of various local agencies. David also advises clients on the use of Florida employment policies and procedures to reduce litigation risk. U.S. District Court for the Southern District of REPRESENTATIVE EXPE I C Florida » Defeated conditional certification in a number of collective All Florida State Courts action wage and hour overtime lawsuits, including a result EDUCATION avoiding tens of millions of dollars in potential liability University of Florida » Successful in obtaining injunctions against former College of Law employees based on theft of confidential information and J.D., 2005 breaches of non-solicitation agreements Stetson University » Obtained summary judgment(affirmed by a federal B.A., cum laude, 2001 appeals court)for a large government employer, avoiding millions of dollars of potential liability HONORS & AWARDS » "Florida Rising Stars," Super Lawyers magazine (2012- 2017) MEMBERSHIPS » Florida State Bar Association » Broward County Bar Association » Parkland Chamber of Commerce » Republican Business Network 4 [us Labons IDSA Global HR Lawyers FordHarrison » Mary Help of Christians Youth Minister EVENTS & PRESENTATIONS » November 09, 2017 - "Hot Employment Law Topics Challenging the Workplace - Is Your Employer Ready?" - Seminar- Melbourne, FL » October 12, 2017 - "But Did You See The Bacteria?" 2017 Knowledge Series - Chamber of Commerce of the Palm Beaches » July 13, 2017 - "The Fair Labor Standards Act... Where Are We Now?" 2017 Knowledge Series - Chamber of Commerce of the Palm Beaches » June 06, 2017 - "The Prism of Workplace Violence," Calibrate seminar NEWS & INSIGHTS » May 18, 2017 - "FordHarrison Adds Jackson Lewis Attorney As Partner," Law360 » May 17, 2017 - David M. Gobeo Joins FordHarrison as Partner OFFICE » West Palm Beach: 1450 Centrepark Boulevard Suite 325 West Palm Beach, Florida 33401 lies Laborls USA Global HR Lawyers FordHarrison Bari L. Goldstein Partner West Palm Beach t bgoldstein@fordharrison.com , P: 561-345-7503 s� Bari Goldstein represents and counsels private, not-for- profit and public sector employers on regulatory issues BAR ADMISSIONS affecting the employment relationship. Florida She focuses her practice in preventative labor and employment defense work and represents and counsels private, not-for- COURT ADMISSIONS profit and public sector employers on varied regulatory„ U.S. Supreme Court administrative and litigation issues that affect all aspects of the U.S. Court of Appeals for employment relationship. She advises employers on personnel the Eleventh Circuit issues, wage and hour matters and employee relations; conducts on-site audits and investigations; drafts Handbooks U.S. District Court for the and human resources policies and procedures; and, presents Northern District of workshops on varied employment subjects. Bari also assists Florida clients in the development of Affirmative Action Programs U.S. District Court for the (AAP), represents clients during OFCCP audits and counsels Southern District of employers on issues stemming from AAP obligations and Florida requirements. U.S. District Court for the Bari is certified as a Senior Professional in Human Resources Middle District of Florida (SPHR) by the Human Resources Certification Institute (HRCI), as well as a Senior Certified Professional (SHRM-SCP) by the EDUCATION Society for Human Resource Management (SHRM). Bari is University of Miami also a qualified EEO investigator. School of Law Bari is President of the Board and Chair of the Human J.D., 1998 Resources Committee for Families First of Palm Beach County, Florida International as well as an active alumnus of Leadership Palm Beach University County and a past co-chair of the Class Project Committee. B.A., 1994 During law school, Bari served as a Certified Legal Intern at the Equal Employment Opportunity Commission. REPRESENTATIVE EXPI C » Represented several companies in difficult OFCCP compliance reviews and brought them to closure with minimal violations and reporting requirements. » Successfully challenged OFCCP's jurisdiction on behalf of health care entities. » Resolved high exposure FLSA matter where client had no records for significantly less than estimated damages. » Prepared initial AAP for construction contractor; facilitated R !us Laborls USA Global HR Lawyers FordHarrison implementation of AAP requirements; and, represented and defended same contractor from desk audit through on-site review. » Regularly represents clients before the EEOC and state and local human rights commissions in multiple charges of age, disability, race, and gender discrimination, harassment and/or retaliation claims. » Represents employers in U.S. Department of Labor investigations and on-site audits. » Investigated complaints of harassment at a private membership club, a water management district and a law firm and recommended corrective action. » Represented client in on-site AAP audit by the Office of Federal Contract Compliance Programs audit(OFCCP) » Developed Handbook and multiple State Addendum for national client » Represented client in 1-9 audit by the U.S. Department of Homeland Security HONORS & AWARDS » Nominated for the "Leadership Excellence Award" by Leadership Palm Beach County, February 2015 » Florida Trend magazine, "Legal Elite" (2015, 2016, 2017) MEMBERSHIPS » American Bar Association » Florida Bar Labor and Employment Law Section » Palm Beach County Bar Association » Board of Directors, Member and Chair of Human Resources Committee, Families First of Palm Beach County » Alumnus, Leadership Palm Beach County » Society for Human Resource Management, Palm Beach County Chapter EVENTS PRESENTATIONS » August 15, 2017 - "Handling Marijuana in the Workplace," Chamber of Commerce of the Palm Beaches Health Care Committee Seminar » April 12, 2017 - "The ABC's of Employment," 2017 Knowledge Series - Chamber of Commerce of the Palm Beaches 7 less Labons LSSA Global HR Lawyers L L -A FordHarrison » January 12, 2017 - "Starting Off on the Right Foot," 2017 Knowledge Series - Chamber of Commerce of the Palm Beaches » November 01, 2016 - "What do Sutton's Law, the Pareto Principle and Ockham's Razor have to do with the Fair Labor Standards Act?" - West Palm Beach NEWS & INSIGHTS » July 06, 2016 - Bari Goldstein Named "Florida Legal Elite" by Florida Trend Magazine » April 22, 2016 - "Law360 Names Attys Who Moved Up The Firm Ranks In Q1" » March 15, 2016 - FordHarrison's Affirmative Action Program Workshop » March 04, 2016 - FordHarrison Names West Palm Beach- Based Attorney Bari Goldstein as Partner » March 03, 2016 - FordHarrison Attorneys Presenting Seminar Series for the Chamber of Commerce of the Palm Beaches FIC » West Palm Beach: 1450 Centrepark Boulevard Suite 325 West Palm Beach, Florida 33401 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 CONSENT AGENDA AGENDAITEM: 10.E. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,800 for Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street in Marina Village SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides eligible new or existing businesses located within the CRA district with rent payment assistance for a maximum period of 12 months within the first 18 months of a multi-year lease. The CRA has received a complete grant application from "Front Street Development, LLC d/b/a Marina Cafe" which is located in Marina Village at 100 NE 6th Street, Unit 108, Boynton Beach, FL 33435. Marina Cafe will be a neighborhood gathering place to grab a cup of coffee and sandwich all while enjoying the views and vibes of the Boynton Harbor Marina. The cafe will also provide WiFi, outdoor seating and feature the highest quality coffee, tea, pastry breads, and deli meats from all over the world. Under the terms of their lease agreement as a tenant of Marina Village, the base rent required to be paid is $2,000 per month. Front Street Development, LLC d/b/a Marina Cafe falls under the category of a Tier I I business (as specified in the grant application) and if approved, the applicant is entitled to receive reimbursement for half of the monthly rent amount or maximum grant amount of$900 per month for a 12 month period, whichever is less. The applicant meets the eligibility requirements under the Commercial Rent Reimbursement Grant Program guidelines and if approved, will be reimbursed on a quarterly basis with proof of rent payments. FISCAL IMPACT: $10,800 — Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Rent Reimbursement Grant not to exceed $10,800 to Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street, Suite 108, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I - Rent Application D Attachment II - Lease D Attachment III - Location Map BOYNTON ,I 104' RA. ammBEAC October 1, 2017 - September 30, 2018 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement 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 assistant to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The CRA reserves the right to approve or deny any Commercial Rent Reimbursement 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 receipt of past payments is not a guarantee of future payments. 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 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 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance in the form of a reimbursable grant in the form of a quarterly rent reimbursement. The time period of eligibility for assistance is up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, City and County licenses are obtained and the business is open for operation. The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. 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 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. • An existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site. • 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 Initial Page 2of14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catch boynton.com 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. • Applicant must have an executed multi-year lease (two year minimum). • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the CRA the rights and use of photos and project application materials. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales • Convenience Store • Religious Affiliated Retail Stores • Churches • Non Profits • Fitness Centers over 4,500 sq.ft. • Check Cashing Stores • Take-Out Foods • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Kava Tea Bars • Pawn Shops • Alcohol and/or Drug Rehabilitation • Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops • Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Grant Terms and Conditions 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. Initia Page 3 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Tier One Business (Full-Service Restaurants Only) 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 seating 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 Business 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 • Clothing Boutique — clothing, shoes capacity under 50 & accessories • Gourmet Food Market • Bakery • Bed and Breakfast • Medical Offices • Marketing Offices • Accounting Offices • Law Offices • Real Estate Offices Fitness Center less than 4,500 sq.ft • Insurance Offices (no more than 2 approvals per fiscal • Florist (no more than 2 approvals year) per fiscal year) • Specialty Businesses— stationary, • Hair/Nail Salons (no more than 2 gifts, sporting goods approvals per fiscal year) • Home Decor/Design — home furnishings, art galleries, kitchen wares Initials Page 4 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 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. Subletting of the property by grant recipient is prohibited. Violation will constitute repayment of CRA grant funding. The CRA considers the following to be subletting: Any business entity in which the A) grant recipient is not listed as the registered agent, owner, officer or director of said business; B) lists its place of business as the leased premises of the grant recipient; or C) has obtained a business tax license from the City of Boynton Beach for the grant recipients' leased premises or any part thereof. 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 5 of 14 Rent Reimbursement 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 served basis. Application packets must include the following documentation: 1. A 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. 2. Resume for each principal/owner of the business. 3. Copy of the corporate documents for the applying business entity. 4. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. 6. Two years of corporate tax returns (for existing businesses only). 7. Two years of personal tax returns for the principal/owners of a new business. 8. 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. 9. If an existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site. 10.Completed and signed application (attached). 11.Authorization to perform credit check for the business and each principal/owner of the business (attached). 12.W9 Form (attached). 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 Page 6 of 14 Rent Reimbursement 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. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. 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 Quarterly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to CRA Board approval. A maximum of 12 consecutive monthly rent payments will be reimbursed to the approved applicant. Each report shall be made within 10 days of the start of the next applicable quarter beginning on January 1St, April 1St, July 1St and October 1St following the initial Reimbursement Request. In order to receive quarterly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that quarter's reimbursement or proof of direct deposit). If applicant does not submit its quarterly reimbursement request within 30 days following the end of the quarter in which applicant is requesting reimbursement, applicant forfeits that quarter's reimbursement. Initials Page 7 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent reimbursement payments at any time according to its sole and absolute discretion. 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. Initials PV Page 8of14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com r BOYNTON" ""' BE AC H � �`'C. '0 APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicabl ): r rrd--5fr�e ��yel�o,oM�'1� 1.L(_ 551 Current Business Address: /Do NE G�� Ung' log , O- Smtt, !r1a �/ Fed ID#: d — �(0 7A D Business Phone Number: S76 b — 7Y-Fax: Website: //D7 6U I 1 W_ Existing Business: Yes No Number of years in existence: Time at Current Location: /I-e(../ New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes(_ No If so, monthly base rent: OD 0 New Business Address: Square footage of current location: Square footage of new location: Type of Business: 66 �h®D Number of Employees: Hours of Operation: 7 g,-,i J d'� P&7 Page 9 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com r, BOYNTON ',' WA1WWBEACH11"C -R, - ., APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: ��0 Aj- / j -11t'or, Date of Birth: glal dEmail: Residential Address: (r( Cast Loma RIvJ &1.-?im AA",-,k RIX 3X513 Cel Phone Number: 0—301--S/79 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 10 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com F+ i, B OY N TO N' , R,A "NOWBEACK APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the CRA? (Tier One Businesses Only): Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance under any other governmental agencies: Yes_ Nq — If yes, list any additional grant sources and amounts: \\ LANDLORD INFORMATION: t Landlord Name: j)cegj �1� .Sel jl ej 4LC Landlord's Mailing Address: a A 33 Landlord's Phone Number: 11 - ? 1 --33 Y3 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 Rent Reimbursement Grant 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 Rent Reimbursement 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 Bgprd. Initial Page 11 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435–Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON".11 BEAC�i hi,,. RA, APPLICANT INFORMATION 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 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 benefiting the 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 Boynton Beach Community Redevelopment Agency 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 Boynton Beach Community Redevelopment Agency 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 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. Initial Page 12 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com lQ i BOYNTON RA 0"'Aw'"I B E A C H APPLICANT INFORMATION APPLICANT SIGNATURES: Principal/Ownel`s�Sjgnature G 9 Date Printed Names ff��'' Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by la� to administer oaths and take acknowledgements, personally appeared ��c to t, gl , who is/are personally known to me or pro uce f -�_ 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 d �'Q q 20 t Iv�°(;ommission Expires: VCES Bonnie Nicklien NOTARY PUBLIC Page 13 of 14 STATE OF FLORIr3A Rent ReimbursementNC � °m" GG1083 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (Rpjre/j7j- Y421 a i f "I, BOYNTON _ � _. LANLORD INFORMATION LAN LORD SIGNAL RES: OGe-" L-L L c s c-dt. V 1 a 0/ L nd 's �iure e Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared C'='C'" who is/are personally known to me or produced ! ...k yey?J .t - `fir , 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 5 day of - 20 � dT ,p U km My Commission Expires: MARY Bonnie Nicklien NOTARY PUBLIC Page 14 of 14 aSTATE OF FLORIDA Canrn#GG108394 Rent Reimbursement e, 1� Ie Expires 5/25/2021 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561737-3258 www.catchboynton.com COMMERCIAL LEASE AGREEMENT FOR FLORIDA This COMMERCIAL LEASE AGREEMENT FOR FLORIDA (hereinafter the "Agreement") is entered into on February 01, 2018 by and between OCEAN MGT. SERVICES LLC (hereinafter "Landlord") and FRONT STREET DEVELOPMENT LLC (hereinafter "Tenant:") (Landlord and Tenant each a "Party" to this Agreement and collectively the "Parties"). WITNESSETH: WHEREAS, Landlord manages and owns the real property being leased under this Agreement, which is situated at 100 NE.6TH STREET UNIT 108, BOYNTON BEACH, Florida 33435 (hereinafter the "Premises"). Landlord's business address is 100 NE. 6TH STREET UNIT 107, BOYNTON BEACH, Florida 33435; WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein; and NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto hereby agree as follows: 1. DEFINITIONS . An "Alteration" means any change or improvement to the physical structure or materials comprising the Premises besides mere decorative changes that can quickly and easily be restored to their original states. b. "Common Areas" means those areas on the Property that are not leased to individual. tenants and are available for use by all tenants and other occupants of the Property and Landlord maintains control and responsibility over.. c. A "Fixture" means a moveable item of personal property (a chattel), including trade futures, that becomes part of the Property by reason of being attached thereto and cannot easily be removed without damaging or requiring repair of the Property. d. "Furnishings" means all Fixtures, appliances, furniture, and other personal property upon the Premises during the term of this Agreement and provided or owned by Landlord, as itemized on Schedule A — Furnishings, attached hereto and incorporated herein by reference, or otherwise agreed upon by the Parties in writing. e. "Normal wear and tear" means deterioration that occurs when the Premises or any of its Furnishings is used as intended, without negligence, carelessness, accident, or abuse by Tenant or Tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors. f The "Property" means the entire portion of the individual piece of real estate owned by OCEAN MGMT. SERVICES LLC where the Premises (the leased unit) is located, including, without limitation, the land containing the Premises itself, all Common Areas, buildings, and any other leased units located thereon. 2. TERM. This Agreement is for the leasing of the above-described Premises for a fixed term beginning at 12:0{O noon on February 01, 2018 and ending at 11:59 PM on January 31, 2021. 3. RENT. Tenant agrees to pay Landlord rent in the amount of$2,000.00 due on or before the IST OF EACH MONTH day of each month. The first rental payment will be due on June 01, 2018. The total rent due for the entire term of this Agreement is $63,000.00. All rental payments will be made as set forth below on or before the due date and without notice, demand, setoff, or abatement. Please be advised that any payments lost in the mail or otherwise late by no fault of Landlord will be treated as if unpaid until received. Landlord will receive any payments due under this Agreement at the following location(s): TO: OCEAN MGMT. SERVICES LLC ADDRESS: 100 NE. 6TTA STREET UNIT 107 BOYNTON BEACH, Florida 33435 4. PAYMENT METHODS ACCEPTED a. Landlord accepts payment of any amounts that may become due under this Agreement by the following methods of payment: i. Check ii. Direct deposit d. "Furnishings" means all Fixtures, appliances, furniture, and other personal property upon the Premises during the term of this Agreement and provided or owned by Landlord, as itemized on Schedule A — Furnishings, attached hereto and incorporated herein by reference, or otherwise agreed upon by the Parties in writing. e. "Normal wear and tear" means deterioration that occurs when the Premises or any of its Furnishings is used as intended, without negligence, carelessness, accident, or abuse by Tenant or Tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors. L The "Property" means the entire portion of the individual piece of real estate owned by OCEAN MGMT. SERVICES LLC where the Premises (the leased unit) is located, including, without limitation, the land containing the Premises itself, all Common Areas, buildings, and any other leased units located thereon. 2. TERM. This Agreement is for the leasing of the above-described Premises for a fixed term beginning at 12:00 noon on February 01, 2018 and ending at 11:59 PM on January 31,2021. 3. REIT. Tenant agrees to pay Landlord rent in the amount of$2,000.00 due on or before the 1 ST OF EACH MONTH day of each month. The first rental payment will be due on June 01, 2018. The total rent due for the entire terra of this Agreement is $6,3000. All rental payments will be made as set forth below on or before the due date and without notice, demand, setoff; or abatement. Please be advised that any payments lost in the mail or otherwise late by no fault of Landlord will be treated as if unpaid until received. Landlord will receive any payments due under this Agreement at the following locations): TO: OCEAN MGMT. 'SERVICES LLC ADDRESS: 100 NE. 6TH STREET UNIT 107 BOYNTON BEACH,Florida 334315 . PAYMENT METHODS ACCEPTED a. Landlord accepts payment of any amounts that may become due under this Agreement by the following methods of payment: i. Check ii. Direct deposit b. Landlord reserves the right to change the payment methods accepted at any time by giving notice to Tenant. 5. SIGNING INCENTIVES. The following signing incentives are granted for this unit: THE LANDLORD HAS AGREED AS AN INCENTIVE TO ALLOW TENENT THE MONTHS OF FEB.- MARCH APRIL- MAY- AND TILL THE 15TH OF JUNE A TOTAL OF 4 AND HALF MONTHS. SO THE TENENT ON JUNE IST 2018 WILL PAY 1,000.00 DOLLARS AS AGREEDFOR HALF OF HALF OF THE MONTH AS AGREED. THEREAFTER. ON JULY I ST THE REGULAR RENTAL OF 2,000.00 WILL COME DUE PLUS THE SALES FLORIDA RENTAL TAX. . LATE FEE. In the event that any rental payment required to be paid by Tenant under this Agreement is not made within seven (7) days of when due, in addition to the rental payment due, Tenant will pay Landlord a nonrefundable late fee of $100.00 for each late payment Landlord receives. 7. DISHONORED PAYMENTS, NON-SUFFICIENT FUNDS, Tenant will be liable for a nonrefundable sum of$100.00 for each payment Landlord receives that is dishonored by a banking institution (also known as "bouncing" a payment). If Tenant tenders a check or otherwise makes a payment that is dishonored by a banking institution, then, at Landlord's option, Landlord may require Tenant to make all future payments by a payment method of Landlord's choosing, such as by cash or cashier's check, until such time as Tenant obtains written consent from Landlord to use checks or other payment methods again. 8. KEYS. Tenant will be given the following keys to the Premises: 2 MAILBOX- I. GARBAGE ROOM -2 FRONT DOOR If Tenant loses keys or is locked out and re-keying the locks becomes necessary, Tenant is responsible for covering the costs of replacement keys or re-keying the locks unless Landlord agrees otherwise. 9. KEEPING ANIMALS. The rules for keeping animals on the Premises are as follows: NONE ALLOWED Should any portion of the pet deposit be nonrefundable, it will be used upon the termination or expiration of this Agreement for the purposes of cleaning or repairing the unit and Common Areas of the Premises. The rules in this paragraph may be changed at a later time by written agreement between the Landlord and Tenant. 0. PARKING. TWO PRIVATE SPACES THERE IS ALSO PARKING IN PUBLIC GARAGE Unless Tenant receives Landlord's prior written consent, Tenant may not park a vehicle on the Property. If Tenant receives Landlord's prior written consent to park on the Property, Tenant may only park a vehicle that is registered in Tenant's name; Tenant may not assign, sub-let, or allow any other person to use a parking space for more than one day; all vehicles kept on the Property must be operational and have proper registration, tags, decals, and licenses as required by local and state laws; Tenant may not park a vehicle on the Property that is leaking any substance; and Tenant may not wash, repair, or paint a vehicle on the Property. Any vehicle not meeting these requirements, or any unauthorized vehicles, will be removed at Tenant's expense after being given 72 hours' notice. 11. SMOKING POLICY. Tenant may not conduct or permit any smoking inside the Premises but may smoke in Common Areas. 12. SECUR]ITY DEPOSIT. Upon the due execution of this Agreement, Tenant will deposit with Landlord the sum of $2,000.00 (the "security deposit"), receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises or Furnishings during the term hereof as well as the faithful performance of the terms of this Agreement. After Tenant has vacated the Premises, Landlord may use the security deposit for any damage other than normal wear and tear to the Premises, Furnishings, the building and its furnishings, the Common Areas, any rent or other amounts owed pursuant to this Agreement, and Tenant's breach of any provision of this Agreement. In the event of damage other than normal wear and tear to the Premises, the Furnishings, the Common Areas, or the buildings and its furnishings, of which the Premises are a part of, Landlord will not be limited to these security deposit funds and Tenant will remain liable to the full extent of the damages. In this Agreement, "normal wear and tear" means deterioration that occurs when the Premises or any of its Furnishings is used as intended, without negligence, carelessness, accident, or abuse by Tenant or Tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors. If a Move-In/Move-Out Inspection Checklist (the "Checklist") (see Schedule Q is incorporated into this Agreement by agreement of the Parties, such checklist may be used to determine whether any damage or deterioration of the Premises or Furnishings exceeds non-nal wear and tear and therefore requires a deduction from the security deposit or further compensation. Both Landlord and Tenant will retain copies of any such checklist if executed. The security deposit must be returned to Tenant upon the termination of this Agreement without interest, except to the extent required by any applicable laws or ordinances, in which event interest will be computed and paid per the then-applicable terms of any such law or ordinance, less any setoff for the reasons included herein. Landlord will hold the security deposit and any possible interest that may accrue at the following location: LANDLORDS NON INTEREST BANK ACCOUNT WELLS FARGO IT IS AGREED THAT LANDLORD WILL PAY FOR ELECTRIC BILL FOR JAN 2018 THERAFTER STARTINF FEB 1ST WILL SIGN WITH FPL FOR SERVICE. Tenant may not use said security deposit for rent owed during the term of the Agreement or for any other sum due under the Agreement. Landlord will furnish Tenant an itemized statement indicating any amounts deducted from the security deposit and the exact reasons for such deductions, and return the balance of the deposit to Tenant (the statement and balance of the deposit collectively called the "Refund"). If Tenant fails to furnish a forwarding address to Landlord, then Landlord will send said Refund to the Premises or to Tenant's last known address. Landlord will send the Refund to Tenant after the tenancy has ended within the time limits set by state law. Without limitation on the foregoing, the return of Tenant's security deposit is subject to the following conditions: a. The full term of the Agreement has ended; b. All rent and any late charges or other fees have been paid in full; c. All utility bills are paid in full and written proof given to Landlord; d. All keys, Furnishings, and other items that Landlord provided are returned to Landlord or their original locations; e. All of Tenant's personal property has been removed; and L The entire Premises has been professionally cleaned or cleaned as though professionally cleaned, including carpets, bathrooms, countertops, kitchen and kitchen appliances, light fixtures, windows, and cabinets. Outdoor areas under Tenant's control must likewise be put in good order. if Tenant has not caused the Premises and Furnishings to be so cleaned prior to vacating the Premises or Landlord finds that Tenant's cleaning is poorly conducted, Landlord may use the security deposit to professionally clean the Premises and Furnishings. Tenant further agrees that if any carpeting in a room or hallway roust be replaced due to odors or stains, Tenant will be liable for replacement of all carpeting in such room or hallway or otherwise as is reasonably required to avoid a "patched" appearance of the replacement carpeting. 13. UTILITIES AND SERVICES PROVIDED; INTERRUPTIONS a. Tenant is responsible for arranging and paying for all utility services and other services required on the Premises with the exception of the following services to be paid for and managed by Landlord: i. AS PART OF CONDO ASSOCIATION MANTENCE FEES CABLE -WATER- INTERNET PHONE b. Within three business days after the beginning of the term, Tenant must arrange for such utilities or services and for billing directly to Tenant. The Party responsible for paying any particular utility or service will not be liable for failure to furnish the utility or service when the cause of such failure is beyond that Party's control. Should Landlord cause an interruption in water, sewer, gas, or electric, or an interference with the restoration of such utilities, for a period lasting beyond 48 hours, rent will be abated for each day the interruption or interference continues beyond such 48-hour period. . RECYCLING. Recycling disposal for sanctioned materials is available for collection at this property. 15. USE OF PREMISES. The Premises and. Furnishings must only be used and occupied by Tenant and Tenant's employees, agents, contractors, invitees, guests, servants, visitors, licensees, or subtenants. During the term of this Agreement, the Premises will be used solely for carrying on Tenant's BISTRO COFFEE SMACK REST. business and ancillary uses thereto in compliance with applicable laws, bylaws, and regulations relative to the Premises and to the business conducted thereon (the "Permitted Use"). Tenant must obtain Landlord's prior written consent to use the Premises or Furnishings for any use not considered a Permitted Use. Tenant will carry on business under its current name and will not change its name without the prior written consent of Landlord. If Tenant's business requires opening the Premises to the public, then the Premises must be fully furnished, stocked, staffed, and. organized as of the date of opening and remain so throughout the remainder of the term. Tenant must continually occupy and use the entire Premises in conducting its business in a reputable manner and on such days and during such hours as agreed upon with Landlord. Furthermore, Tenant must not allow others to occupy or use the Premises, Furnishings, or any part thereof for any purposes other than as herein limited, nor for any purpose deemed unlawful, disreputable, or extra hazardous, on account of fire or other casualty. Tenant must conduct all business in compliance with any and all laws, ordinances, rules, and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy, and preservation of the Premises and its Furnishings, and must promptly comply with all orders, regulations, requirements, and directives of the Board of Fire Underwriters or similar authority and of any insurance companies which have issued or are about to issue policies of insurance covering the said Premises and its contents, for the prevention of fire or other casualty, damage, or injury, at Tenant's own cost and expense. Tenant is responsible for contacting Landlord, local authorities, a licensed attorney, or the owners association, if any, regarding any laws and regulations that it may have questions regarding. lb. LEASING TO COMPETITORS. Upon the execution of this Agreement, Landlord promises and covenants that no other property owned by Landlord or Landlord's company within a -mile radius of the Premises is being or will be leased, rented, or sold to any other business selling substantially the same products or services as Tenant during the term of this Agreement. At Tenant's request, Landlord will take appropriate preventative action against any other tenants or subtenants who engage in substantially similar business. In addition to any other rights and remedies at law, Tenant will be entitled to a rent abatement covering any period in which Landlord fails to prevent such unauthorized competition. 7. CONDITION 4F PREMISES. Tenant stipulates, represents, and warrants that Tenant has examined the Premises and Furnishings, and that the Premises and Furnishings are at the time of this Agreement in good order, repair, and in a safe, clean, and tenantable condition. Tenant will give Landlord written notice, including photographic and/or video evidence, within five days after the beginning of the agreement of any portion of the Premises or Furnishings found to not be in such good condition. Landlord reserves the option of incorporating a Move-In/Move-Out Inspection Checklist (see Schedule C) within this timeframe to serve as evidence of the condition of the Premises at move-in and move-out. 18. ASSIGNMENT, SUB-LETTING, AND RELEASE. Tenant may not assign this Agreement or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. Tenant's assignment or sub-letting will not relieve Tenant of any right or obligation hereunder unless Landlord signs a written release to such effect. Consent by Landlord to one such assignment, sub-letting, or license will not be deemed to be consent to any subsequent assignment, sub-letting, or license. An assignment, sub-letting, or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law will be absolutely null and void and will, at Landlord's option, terminate this Agreement. a. REPLACEMENT TENANTS. Landlord agrees to release Tenant from this Agreement if Tenant finds a suitable replacement tenant, acceptable to Landlord, who agrees to sign a new agreement for the remaining duration of the term on the same or similar terms. Landlord agrees to exercise good faith and reasonableness in accepting a replacement tenant. 19. FURNISHINGS; LANDLORD'S'S PROPERTY. Unless otherwise agreed by Landlord in a signed writing, all Furnishings and other property owned by Landlord or provided to Tenant by Landlord will remain Landlord's property at all times, whether or not such property is itemized on Schedule A and whether or not such property is existing upon the Property at the start of this Agreement. Tenant agrees not to damage or misuse any Furnishings or other property owned or provided by Landlord and to return all such property to Landlord at the termination of this Agreement. 20. FIXTURES ANIS ALTERATIONS. "tenant may not add or remove any Fixtures or Alterations on the Premises without the prior written consent of Landlord. Landlord will give consent in a timely manner so as to not disrupt Tenant's business operations and such consent may not be unreasonably withheld. Upon receiving written consent, Tenant may install Fixtures and Alterations for conducting its business operations on the Premises so long as such installation or use does not damage or interfere with the existing mechanical systems, electrical systems, or structural integrity of the Property. Landlord will own and keep any Fixture or Alteration located on the Premises in which Landlord pays 50% or more of the total costs associated with its purchase, installation, and maintenance. If Tenant is unclear as to the ownership of a fixture or Tenant's rights over a Fixture at the expiration of the Agreement, it is Tenant's responsibility to clarify such status in writing with Landlord. If Tenant adds or removes a Fixture or Alteration with Landlord's consent, Tenant is responsible for repairing any damage to the Premises that may occur as a result of such addition or removal. Upon removing any Fixture or Alteration, Tenant must return the Premises to as good of condition as it would have been if such Fixture or Alteration had never been installed. Landlord reserves the right to require that Tenant remove any Fixtures or Alteration installed by Tenant from the Premises upon the termination of this Agreement. Unless otherwise agreed in writing with Landlord, all of Tenant's Fixtures, Alterations, or personal property remaining on the Premises after the termination of this Agreement will become the property of Landlord at the termination of the Agreement—as such, Tenant will pay the cost of removal of any such property so remaining on the Premises. Examples of Fixtures include, without limitation, attached shelves, lighting, curtains, blinds, booths, bars, fences, sign posts, trees, and shrubs. Examples of Alterations include, without limitation, the following: a. Altering the surfaces of the Premises in any way, for example painting, wallpapering, carpeting, or changing the material of the flooring-, b. Performing any structural alterations, for example adding or removing walls, adding or removing windows or doors, changing the material of any facade or flooring, or adding or removing support beams; c. Adding, removing, or allowing the addition or removal of any signage for purposes of advertising or otherwise; d. Altering the amount of gas, water, or electricity normally used on the Premises as well as adding or removing electrical wiring or heating units; and e. Adding or removing any radio antenna or tower. 21. APPLIANCES. Appliances that are located on the Premises are there solely for the convenience of Tenant, and Landlord assumes no responsibility for their operation. While on the Premises, Tenant is free to use them; however,Tenant does so at Tenant's own risk. In the event that appliances fail to function not due to Tenant's own misuse, the Landlord is not liable for the maintenance, repair, or damages, with the exception of the following appliances, if provided by Landlord: refrigerator, microwave, dishwasher, washer/dryer, heating, and A/C units. 22. HAZARDOUS MATERIALS. Tenant may not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 23. MAINTENANCE AND REPAIR; TENANT SP NSIBILITIES. Unless otherwise stated, Tenant will, at its sole expense, keep and maintain the Premises and Furnishings in good and sanitary condition and repair during this .Agreement and any renewal thereof, Tenant's responsibilities include, without limitation; the following items, and any departure therefrom requires Landlord's prior written consent: a. Obeying all rules and regulations pasted by Landlord regarding the use and care of the Premises, Furnishings, and Common Areas; b. Not obstructing the driveways, sidewalks, courts, entry ways, stairs, and/or halls, which may be used for the purposes of ingress and egress only; . Not have any of the fallowing prohibited items on the Premises or Property. illegal firearms or weapons, illegal drugs, hazardous or toxic chemicals or materials, or other items prohibited by law; . Keeping all windows, glass, window coverings, doors, locks, and hardware in good, clean order and repair; e. Not building any fires or using grills on the Premises except in areas designated for such purposes by Landlord, f. Not obstructing or covering the windows or doors; g. Not tampering or disabling any smoke detectors installed on the Premises, and contacting Landlord for instructions on how to proceed should any smoke detectors become disabled or need new batteries; h. Not leaving windows or doors in an open position during any inclement weather; i. Not hanging any laundry, clothing, sheets, etc. from any window, rail, porch, or balcony nor drying any of the same within any yard area or space; j. Not altering, rekeying, or installing any locks on the Premises, or painting or wallpapering the Premises; k. Not using or possessing any liquid-filled furniture, including, but not limited to, waterbeds and aquariums, on the Premises; 1. Not permitting waste matter of any kind to accumulate on the Premises or in the Common Areas; m. Not placing placards, signs, or other exhibits in windows or any other place where they can be viewed by other tenants or by the general public; n. Keeping all air conditioning filters on the Premises clean and free from dirt; o. Keeping all lavatories, sinks,toilets, and all other water and plumbing apparatus in good order and repair and using the same only for the purposes for which they were constructed. Tenant may not allow any sweepings, rubbish, sand, rags, ashes, or other such foreign substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse will be borne by Tenant; p. Maintaining order at all times and at all places on the Premises and Common Areas, and not making or permitting others to make any loud or improper noises, disturb other tenants, or otherwise create a nuisance by interfering with the quiet enjoyment of other tenants or those in the surrounding area; q. Notifying Landlord of any damage or of any situation that may significantly interfere significantly with the normal use of the Premises or to any Furnishings or other property supplied by Landlord; r. Keeping all radios,television sets, stereos, etc. turned down to a level of sound that does not annoy or interfere with other tenants or persons on adjacent properties; s. Not causing Common Areas to become disorderly or unkempt, t. Not causing harm to the Premises, negligently depicting the Premises' resources, or otherwise committing waste on the Premises; u. Depositing all trash, garbage, rubbish, or refuse in the locations provided therefore and not allowing any trash, garbage, rubbish, or refuse to be deposited or permitted to stand on the exterior of any building or within the Common Areas, v. Making all requests concerning security devices in writing; and w. Abiding by any and all rules and regulations affecting the Premises or the Common Areas appurtenant thereto that may be adopted or promulgated by Landlord or other entity having authority over the Property. 24. MAINTENANCE AND REPAIR; LANDLORD RESPONSIBILITIES. In addition to any responsibilities required by law, Landlord agrees to the following responsibilities: a. Maintain the Premises in a safe and fit condition, including, but not limited to, repairing any structural damages or weaknesses not due to Tenant's negligent or intentional acts; b. At Landlord's sole expense, make any repairs required in order for the Premises and its Furnishings to be in compliance with applicable building codes, unless the repairs were necessitated by the negligence or intentional acts of Tenant. if Tenant believes repairs are necessary, Tenant must contact Landlord and request such repairs; c. Maintain, repair, and replace, whenever necessary, the heating, plumbing, air conditioning, and electrical systems of the Common Areas; cls. Maintain the general upkeep of the Common Areas and exterior surfaces of the buildings, except as otherwise provided herein. Such upkeep of the Common Areas will include, without limitation, maintaining adequate lighting, keeping walkways clear of debris and graffiti,maintaining parking lines and signage, and landscaping; e. Make a good faith effort to address any of Tenant's concerns about the neatness or cleanliness of Common Areas and the noise level and behavior of any other tenants on the Property; and L NONE 5. TENANT'S RJGHT TO WITHHOLD RENT; OTHER ,MEDIES. Where a repair is the responsibility of Landlord, Tenant must notify Landlord with a written notice stating what item needs servicing or repair. Tenant must give Landlord a reasonable opportunity to service or repair said item. Tenant acknowledges that rent may not be withheld under any circumstance unless the failure to repair constitutes a substantial breach of this Agreement and a written notice has been served on Landlord at the appropriate location giving Landlord a reasonable time to make the repair. Reasonable notice will in no case be less than '30 days, but in emergency situations,Tenant must provide notice as soon as possible. 26. EXCESSIVE DAMAGE TO PREMISES. Excessive damage to the Premises or Furnishings by Tenant, invitees, agents, or guests is grounds for Landlord to evict Tenant. In the event that the Premises or Furnishings are destroyed or rendered wholly unfit for carrying on Tenant's business operations by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant or Tenant's invitees or guests, Landlord will commence repairs within 30 days of receiving notice of such damage, returning the Premises and Furnishings to the condition they were in prior to the damage occurring. All repairs will be completed within 180 days of commencement if feasible. If Landlord fails to complete repairs within 180 days, then Tenant may choose to terminate the Agreement. Rent will abate from the date of such destruction or damage until repairs are complete. The rental payments required herein will then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises or Furnishings, with Tenant paying up to such date and Landlord refunding payments collected beyond such date. Should a portion of the Premises thereby be rendered unfit for occupancy, Landlord will have the option of either repairing such injured or damaged portion or terminating this Agreement. In the event that Landlord exercises its right to repair such portion, the rental payments due will abate in the proportion that the injured parts bears to the whole Premises, and such part so injured will be restored by Landlord as speedily as practicable, after which the full rent will recommence and the Agreement continue according to its terms. 27. OBLIGATION TO NOTIFY. Upon receiving notice thereof, Tenant will immediately notify Landlord of any defects, accidents, events, circumstances, conditions, or hazards on the Premises or any systems thereof that have caused, are causing, or may Potentially cause injury or damage to the Promises or any person or property located therein or nearby. Tenant will notify Landlord by all instantaneous methods of communication available, including phone, email, mobile texting, fax, in person, or otherwise. 28. CONSTRUCTIVE EVICTION. When conditions beyond Tenant's control cause the Premises to become wholly unfit for carrying on Tenant's business operations due to damage by fire, water, nuisance, or other casualty, and Landlord is responsible for remedying those conditions but does not do so within a reasonable time after notification by Tenant, Tenant may vacate the Premises, terminate this Agreement, and withhold future rent. Tenant may also choose to pay a proportionate share of the rent according to the nature and extent of the damage sustained until the Premises has been rebuilt or made fit for the purpose of carrying on Tenant's business as conducted before the event causing the Premises to be unfit. Landlord will repay Tenant a prorated amount for any rent paid in advance covering the remainder of the period that Tenant is constructively evicted. 29. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the term, through no fault of Landlord or its agents, then Landlord or its agents will have no liability, but the rental payments herein provided will abate until possession is given. Landlord or its agents will have 30 days to give possession, and if possession is tendered within such time,. Tenant agrees to accept the demised Premises and pay the rent due starting from the date possession is tendered. In the event that possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder will terminate, .......... 30. INSURANCE. It is acknowledged that, unless otherwise noted, Landlord does not maintain insurance to cover Tenant's personal property damage or loss caused by fire, theft, rain, water overflow/leakage, acts of God, and/or any other causes. Landlord is not responsible for any loss or damage to property owned by Tenant or Tenant's guests or invitees unless resulting from Landlord's intentional or negligent acts. Tenant must maintain any and all insurance required by law during the term of the Agreement. a. Tenant must take out and maintain the following types of insurance: i. All-risks insurance, including fire, flood, and earthquake damage, up to the full replacement cost of the Premises H. Comprehensive public liability insurance 31. INSURANCE POLICIES. Tenant will provide Landlord with copies of all insurance policies required by this Agreement on the date of commencement of the term or when otherwise agreed in writing. Tenant will provide Landlord with 30 days' notice of any potential cancellation or material change that is to occur in an insurance policy required to be maintained by this Agreement. Tenant may not cause, allow, or omit to do anything on the Premises or in Common Areas that increases the rate of Landlord's insurance on the Premises or causes Landlord's insurance to become subject to cancellation without prior written consent of Landlord. Without waiving the foregoing statement, upon demand by Landlord, Tenant will pay the cost of an increase in such insurance occasioned by reason of Tenant's act, allowance, or omission. Tenant will also promptly cease and remedy all activity that caused an increase in such insurance. Landlord has the right to terminate this Agreement if Tenant's act, allowance, or omission causes a cancellation of Landlord's insurance or causes Landlord's policy to become subject to cancellation. 32. ENTRY OF PREMISES; NOTICE REQUIRED. Upon giving the appropriate notice to Tenant, as specified below, Landlord and Landlord's agents have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements on the Property; to show the Premises to prospective tenants, purchasers, or lenders; to make any repairs, additions, or Alterations as may be deemed appropriate by Landlord for the preservation or improvement of the Premises, Furnishings, or Property; or to otherwise comply with this Agreement. If Landlord so chooses to make any repairs or improvements to the Premises, Landlord may not be liable to Tenant for constructive eviction or any consequential damages directly or indirectly suffered by any person or property, including, without limitation, any disruption of services provided to Tenant or disruption of Tenant's business, unless Tenant suffers a substantial hardship as a result of Landlord's actions such that there is a significant and demonstrable hardship, economic or otherwise, that impairs the business' continuing viability. Landlord and its agents further have the right to exhibit the Premises and to display the usual "for sale," "for rent," or "vacancy" signs on the Premises at any time within 90 days before the expiration of this Agreement. Landlord and Landlord's agents have the right of entry for the purpose of removing placards, signs, Fixtures, Alterations, or additions that do not conform to this Agreement or to any restrictions, rules, or regulations affecting the Premises. Tenant agrees to make the Premises available to Landlord or Landlord's agents to inspect,to make repairs or improvements,to supply agreed services, to show the Premises to prospective buyers or tenants, to address an emergency, or as provided otherwise herein. At all times Tenant must provide Landlord with the keys, codes, or other items necessary for unlocking all locks and devices permitting entry. Tenant further agrees to seek permission from Landlord in writing if Tenant seeks to install any security alarm system or other security devices and, if granted, to provide instructions on how to disarm such alarm or security devices in case of emergency. a. NOTICE REQUIRED. In the event that Landlord reasonably believes that an emergency exists, such as a fire or serious damage or serious danger to the continued welfare of the Premises or Furnishings, or reasonably believes that the Premises has been abandoned, Landlord will not be required to provide Tenant with advanced notice before entering the property. In all other situations, Landlord will be required to provide notice in compliance with state law. 33. SU13ORDINATION OF AGREEMENT. This Agreement and Tenant's interest hereunder are and will be subordinate, junior, and inferior to any and all mortgages, liens, or encumbrances now or hereafter placed on the Premises or Furnishings by Landlord; all advances made under any such mortgages, liens, or encumbrances (including, but not limited to, future advances); the interest payable on such mortgages, liens, or encumbrances; and any and all renewals, extensions, or modifications of such mortgages, liens, or encumbrances. 34. LIENS AND ENCUMBRANCES. Tenant must obtain Landlord's written consent prior to causing any work to be done on the Property that could result in any lien or encumbrance on an ownership interest in the Property, and Tenant is responsible for paying the cost of all such work unless otherwise agreed in writing. Tenant covenants that it will not cause any liens or encurnbrance on the Premises or Property without Landlord's written consent, and will indemnify, defend, and hold Landlord harmless against any claim, loss, or other expense that may arise out of any such materials or services rendered. If any mechanical, construction, or other liens are created or filed against the Premises or Furnishings by reason of labor performed or materials furnished for Tenant in the erection, construction, completion, alteration, repair or addition to any building or improvement, Tenant will upon demand, at Tenant's own cost and expense, cause such lien or liens to be satisfied and discharged of record together with any lien claims that may have been filed. Failure to do so will entitle Landlord to resort to such remedies as are provided herein in the case of any default of this Agreement, in addition to such as are permitted by law. 35. TERMINATION; TENANT'S HOLD OVER. The tenancy will automatically terminate at the expiration of the term unless the Parties agree otherwise. If Tenant remains in possession of the Premises without Landlord's consent after the natural expiration of this Agreement, then Landlord may evict Tenant by providing the appropriate notice and taking the necessary steps according to state law. If Tenant remains in possession of the Premises with Landlord's consent after the natural expiration of this Agreement but without signing a new agreement for the Premises with Landlord, a month-to-month tenancy will be automatically created between Landlord and Tenant that will be subject to all of the terms and conditions hereof Landlord will give Tenant 30 days' notice if there will be any change in the rental payment amount or frequency in the event of a periodic tenancy. Tenant and Landlord may not terminate this Agreement without 30 days' written notice if this becomes a month-to-month tenancy. Failure of Tenant to provide appropriate written notice to terminate a month-to- month tenancy will result in Tenant's continuing obligation under this Agreement for up to 30 days. 36. SURRENDER OF PREMISES. Upon the termination or expiration of the Agreement, Tenant must surrender the Premises and Furnishings in the same state and condition as they were at the commencement of this Agreement, except that Tenant will not be responsible for damage due to normal wear and tear or damage by fire, the elements, casualty, or other cause not due to, the misuse or neglect by Tenant or Tenant's invitees, visitors, licensees, or subtenants. If Tenant changed the color of the walls or made other such cosmetic changes, then Tenant must return the appearance of the Premises and Furnishings to the same state and condition as they were at the commencement of this Agreement unless otherwise agreed in writing. If any of Tenant's property remains on the Premises after the last day of the term of this Agreement, such property will be considered abandoned unless Tenant received the prior written consent froze► Landlord to leave such property. Landlord may keep all abandoned property or remove such property at Tenant's expense. 37. TAXES. Tenant is not required to pay property taxes but must pay any applicable sales or use taxes that may be levied on the Premises from time to time by the competent government authority unless the Parties agree otherwise. Tenant will only pay such taxes based on the portion of the tax period in which Tenant occupied the Premises. Tenant has the right to contest such taxes assessed in the name of Landlord. 38. RENT AND OTHER ADJUSTMENTS TO THE AGREEMENT. If Landlord pays a local tax based on rent and that tax increases, Landlord may pass through the increase by increasing the rent upon 30 days' notice to Tenant, but not before the new tax becomes effective. Landlord reserves the right to adjust the amount of the rental payments or any terms under this Agreement upon providing 30 days' notice at the expiration of the rental term by serving Tenant with written notice by certified mail. Landlord may make a corresponding adjustment in the security deposit after a rent increase. 39. QUIET ENJOYMENT. If Tenant remains in compliance with the terms of this Agreement, Landlord covenants that Tenant will peacefully and quietly have, hold, and enjoy the Premises and Furnishings. Note: Landlord promises to notify Tenant in the event that Landlord has applied for a permit to demolish the rental unit or in the event there are outstanding inspection orders, condemnation orders, foreclosure proceedings, or declarations that the Property is unfit, 40. EMINENT DOMAIN. If the Premises, any part thereof, or any part of the Common Areas that substantially impact Tenant's use of the Premises is permanently taken or condemned for a public or quasi-public use or purpose by any competent authority, this Agreement will terminate as of the date title vests as a result of the taking. Landlord will repay Tenant a prorated amount for any rent paid in advance covering the remainder of the period in which the taking occurs. 41. INDEMNIFICATION. Landlord will not be liable, and Tenant hereby waives all claims against Landlord, for any damage to any property or any injury to any person in or about the Premises or Property by or from any cause whatsoever, except to the extent caused by or arising from the gross negligence or willful misconduct of Landlord or its agents, employees, or contractors. Tenant will defend, indemnify, and hold Landlord harmless from and against any and all losses, claims, liabilities, or costs (including court costs and attorney's fees) incurred by reason of(a) any damage to any property or any injury to any person occurring in, on, or about the Premises or Property to the extent that such injury or damage is caused by or arises from any actual or alleged act, neglect, fault, or omission by or of Tenant, its agents, servants, invitees, or visitors to meet any standards imposed by any duty with respect to the injury or damage; (b) the conduct or management of any work or thing whatsoever done by the Tenant in or about the Premises or Property or from transactions of Tenant concerning the Premises or Furnishings; (c) Tenant's failure to comply with any and all governmental laws, ordinances, and regulations applicable to the condition, occupancy, or use of the Premises, Property, or Furnishings; or (d) any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to this Agreement. The provisions of this paragraph will survive the termination of this Agreement with respect to any claims or liability accruing prior to such termination. 42. NON-LIABILITY OF LANDLORD. Landlord will not be liable for any damage or injury that may be sustained by Tenant or any other person, as a consequence of the failure, breakage, leakage, or obstruction of the water, plumbing, steam, sewer, waste, or soil pipes, roof, drains, leaders, gutters, valleys, downspouts, or the like, or of the electrical, gas, power conveyor, refrigeration, sprinkler, air conditioning, or heating systems, elevators, or hoisting equipment; or by reason of the elements; or resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or of Landlord or Landlord's or this or any other tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors; or attributable to any interference with, interruption of, or failure beyond the control of Landlord, of any services to be furnished or supplied by Landlord. 4 . INTEREST AND COSTS FOR NON-PERFORMANCE. Until all outstanding monies owed to Landlord are paid in full, Tenant will pay Landlord monthly interest and other costs associated suffered by Landlord with Tenant's failure to pay any monies owed under this Agreement as they become due. Interest will be calculated based on the prune rate established by Landlord's bank plus the greater of 1% per annum and the maximum rate allowed by law. 44. ATTORNEY'S FEES; JURY TRIALS. In the event any dispute arises between Landlord and Tenant concerning this Agreement that results in litigation, the losing Party will pay the prevailing Party's reasonable attorney's fees and court costs, which will be determined by the court and made a part of any judgment. It is acknowledged by the Parties that jury trials significantly increase the costs of any litigation between the Parties. It is also acknowledged that jury trials require a longer length of time to adjudicate the controversy. On this basis, all Parties waive their rights to have any matter settled by jury trial. 45. REIMBURSEMENT. If Tenant fails or refuses to comply with any of the terms and conditions of this Agreement, Landlord may carry out and perform such conditions at the cost and expense of Tenant, which amounts will be payable on demand to Landlord. This remedy is in addition to such other remedies as Landlord may have by reason of the breach by Tenant of any of the terms and conditions of this Agreement. Upon Landlord's written consent, Tenant may make improvements or repairs to the Premises or Furnishings, or undertake an obligation of Landlord's, and deduct the relevant expenses from rental payments. 46. WAIVER OF SUBROGATION RIGHTS. So long as their respective insurers so permit, Tenant and Landlord hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage, All Disks, or other now or hereafter existing for the benefit of the respective Party but only to the extent of the net insurance proceeds payable under such policies. Landlord and Tenant will obtain any special endorsements required by their insurer to evidence compliance with the aforementioned waiver. 47. DEFAULT. If Landlord determines that Tenant is in default of this Agreement, Landlord will provide Tenant with the appropriate written eviction notice as specified under state law and under which Tenant may have a limited number of days to cure the default unless otherwise excepted or agreed. Tenant's sole remedy for default or failure to perform obligations under this Agreement by Landlord is rescission. Unless otherwise agreed in writing, it is a default under this Agreement if any of the following occur; bankruptcy proceedings are instituted by or against Tenant's business, a receiver or trustee is appointed to manage all or substantially all of Tenant's business estate by reason of insolvency, Tenant assigns all or substantially all of Tenant's business estate for the benefit of its creditors, or Tenant prematurely vacates or abandons the Premises. 48. NON-WAIVER OF RIGHTS. Landlord's failure to require compliance with the conditions of this Agreement, or to exercise any right provided herein, will not be deemed a waiver by Landlord of such condition or right. Landlord's acceptance of rent with knowledge of any default under agreement by Tenant will not be deemed a waiver of such default; nor will it limit Landlord's rights with respect to that or any subsequent right. Notwithstanding any language in this Agreement to the contrary, none of Tenant's goods, equipment, Fixtures, or other chattels on the Premises are exempt from levy by Landlord's distress. Tenant hereby waives all rights of redemption and relief from forfeiture under law or equity now or hereafter existing that may result from Landlord's exercise of its right of distress. 49. EXTENDED ABSENCE. Tenant must notify Landlord of an anticipated extended absence from the Premises that will be in excess of seven days; however, the notice may be given as soon as reasonably possible after Tenant knows the absence will exceed seven days. 50. ABANDONMENT; EVICTION. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, or if Tenant is evicted, Tenant will remain liable for any loss of rent for the remainder of the rental term, and Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatsoever. At this point, Landlord may, at Landlord's discretion, as agent for Tenant, re-let the Premises, or any part thereof, for the whole or any part of the then unexpired term and may receive and collect all rent payable by virtue of such re-letting. Landlord may then choose to hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term if this Agreement had continued in force and the net rent for such period realized by Landlord by means of such re-letting. If Landlord's right of re-entry is exercised following abandonment of the -Premises by Tenant, then Landlord will consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord deems proper, and Landlord is hereby relieved of all liability for doing so. 51. RECORDING OF AGREEMENT; CERTIFICATE OF REGISTRATION. Tenant will not record this Agreement on the Public Records of any public office unless required by law. Unless recording is required by law, in the event that Tenant records this Agreement, this Agreement will, at Landlord's option, terminate immediately and Landlord will be entitled to all rights and remedies that it has at law or in equity. If required by law, Landlord will provide Tenant a copy of Landlord's Certificate of Registration, or any similar registration required, at the execution of this Agreement or commencement of the Agreement. If Landlord files an amended certificate during this Agreement, Landlord will furnish Tenant with a copy of the amended certificate within any applicable time limit after the amended certificate is filed with the municipal clerk, or with such other municipal official as is designated by the clerk or state or local law. 52. NOTICE. Any notice, service of process, or demands required or permitted under this Agreement or under law will be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: IF TO LANDLORD SEND TO: OCEAN MGMT. SERVICES LLC 100 NE. 6TH STREET UNIT 107 BOYNTON BEACH, Florida 333435 IF TO TENANT SEND TO: FRONT STREET DEVELOPMENT LLC 100 NE.6TH STREET UNIT I 08 BOYNTON BEACH, Florida')3435 Landlord and Tenant each have the right from time to time to change the place of notice by giving the other Party written notice of this change. Tenant must immediately notify Landlord of any emergencies, dangerous conditions, or defects in and about the Premises or Furnishings of which Tenant becomes aware. 53. TELEPHONE NUMBERS. Both Landlord and Tenant are entitled to know each other's telephone number, if any, at all times. Landlord and Tenant agree to notify each other within five calendar days of any change in their respective telephone numbers. Landlord's Telephone Number(s): 56136931554 Tenant's Telephone Number(s): 860 3055178 54. GENERAL TERMS a. ENTIRE AGREEMENT. Tenant expressly acknowledges and agrees that Landlord has not made and is not making, and Tenant in executing and delivering this Agreement is not relying upon, any warranties, representations, promises, or statements, except to the extent that they are expressly set forth in this Agreement. It is understood and agreed that all understandings and agreements of the Parties are merged into this Agreement, which alone fully and completely expresses their agreements. b. RELATIONSHIP OF THE PARTIES. Nothing contained herein creates any business relationship or any other type of relationship between the parties other than a landlord- tenant relationship. c. SURVIVAL OF TENANT'S OBLIGATIONS. All of Tenant's obligations and covenants arising by or during the term of this Agreement and that are not fulfilled at the termination of this Agreement will survive the termination of this Agreement. d. MODIFICATION. The Parties hereby agree that this document contains the entire agreement between the Parties and this Agreement may not be modified, changed, altered, or amended in any way except through a written amendment signed by all of the Parties hereto. e. SEVERABILITY. If any provision of this Agreement or the application thereof is held, for any reason and to any extent, invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities, or circumstances will be affected thereby, but instead must be enforced to the maximum extent permitted by law. f. CUMULATIVE RIGHTS. Landlord's and Tenant's rights under this Agreement are cumulative and will not be construed as exclusive of each other unless otherwise required by law. g. JOINT AND SEVERAL LIABILITY. If more than one person signs this Agreement, then the liability of the persons so signing will be joint and several. The language "joint and several" means that if more than one person has signed this Agreement, then each of these persons individually and all of these persons collectively are fully responsible for fulfilling all of the obligations of this Agreement, except where expressly otherwise agreed between Landlord and Tenant. For example, one person signing the Agreement may be liable for any or all damages to the Premises or Furnishings, even if caused by another person signing the Agreement, and one person signing the Agreement is liable for the total amount of rent due, even though other persons have also signed the Agreement. h. BINDING EFFECT. The covenants, obligations, and conditions herein contained will be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the Par-ties hereto. The obligations of Landlord under this Agreement will not be binding upon Landlord named herein with respect to any period subsequent to the transfer of Landlord's interest in the Premises as owner or lessee thereof, and in event of such transfer said obligations will thereafter be binding upon each transferee of the interest of Landlord. i. GOVERNING LAW. This Agreement will be governed, construed, and interpreted by, through, and under the laws of Florida. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of Landlord or Tenant. k. CONSTRUCTION. The pronouns used herein include, where appropriate, either gender or both, singular and plural. 1. SINGULAR/PLURAL. The terms "Landlord" and "Tenant" include the singular as well as the plural. m. NON-WAIVER. No indulgence, waiver, election, or non-election by Landlord under this Agreement will affect Tenant's duties and liabilities hereunder. n. TIME OF ESSENCE. Time is of the essence for this Agreement. o. FORCE MAJEURE. Performance of any obligation under this Agreement by any Party will be excused for the duration of any event or circumstance causing a delay in performance through no fault of the obliged Party, including, without limitation, war; reasonably unforeseen supply shortages; changes in law or regulation; strikes; riots; lock-outs; labor troubles; power outages caused by weather or third parties; and natural events, such as blizzards, torrential rain, or tornadoes. p. COUNTERPARTS; ELECTRONIC SIGNATURE. This Agreement may be executed in counterparts, including by fax, email, or other facsimile, each an original but all considered part of one Agreement. Electronic signatures placed upon counterparts of this Agreement by a Party or their approved agent will be considered valid representations of that Party's signature. Each Party acknowledges that it has read and understood all the terms of this Agreement and hereby agrees to be bound thereby, including any attached schedules, exhibits, or addendums. Tenant further acknowledges that it was under no duress in signing this Agreement and had full opportunity to negotiate the terms contained herein and to consult independent counsel. LANDLORD: Print: OCEAN MGMT. SERVICES LLC Sign: Date: TENANT(S): Print: FRONT STREET DEVELOPMENT LLC Sign: _ Date: s� SCHEDULE A- FURNISHINGS This SCHEDULE A - FURNISHINGS is hereby incorporated into the COMMERCIAL LEASE AGREEMENT FOR FLORIDA entered into on February 01, 2018, by and between OCEAN MGMT. SERVICES LLC (hereinafter "Landlord") and FRONT STREET DEVELOPMENT LLC (hereinafter "Tenant") and associated with the real property situated at 100 NE.oTH STREET UNIT 108, BOYNTON BEACH, Florida 33435. All terms used herein are defined according to the Agreement. The Premises comes furnished with the following Furnishings: 1. SELF CONTANED COOKING STOVE-AIR COND. UNIT-FREEZER- COOLER LANDLORD: Print: OCEAN MGMT. SERVICES LLC Signa: � ° � Date: TENANT(S). Print: FRONT STREET DEVELOPMENT LLC Sign: Date: " 5oie MOmber- 3. Records and reports available to Landlord (check one box below): o Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the unit. Ei Landlord has provided Tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the unit (list documents below): Tenant's Acknowledgment 4.Tenant has read the Lead Warning Statement above and understands its contents. 5. Tenant has received copies of all information, including any records and reports listed by Landlord above. 6. Tenant has received the pamphlet "Protect Your Family From Lead in Your Home" or has access to it online at http://www.fsa.usda.gov/liitemet/FSA—File/pfflinyhbrochure.pdf. Real Estate Licensee's Acknowledgment Each Party signing below acknowledges receipt by Tenant of the above disclosure. The Parties have read and understood all of the above terms and conditions and hereby agree to be bound thereby. LANDLORD: Print: OCEAN MGMT. SERVICES LLC Sign: Date: TEN (S) Print: FRONT STREET DEVELOPMENT LLC Sign: Date; `m SCHEDULE B - LEAD-BASED PAINT DISCLOSURE This SCHEDULE B - LEAD-BASED PAINT DISCLOSURE is hereby incorporated into the COMMERCIAL LEASE AGREEMENT FOR FLORIDA entered into on February 01, 2018, by and between OCEAN MGMT. SERVICES LLC (hereinafter "Landlord") and FRONT STREET DEVELOPMENT LLC (hereinafter "Tenant") and associated with. the real property situated at 100 NE.6TH STREET UNIT 108, BOYNTON BEACH, Florida 33435. All terms used herein are defined according to the Agreement. WARNING! LEAD FROM PAINT, DUST, AND SOIL CAN BE DANGEROUS IF NOT MANAGED PROPERLY. Penalties for failure to comply with Federal Lead-Based Paint Disclosure Laws include treble (three times) damages, attorney's fees, costs, and a base penalty up to $11,0(10 (plus adjustment for inflation). The current penalty is up to $16,000 for each violation. Disclosure for Target Rentals and Leases Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement Buildings built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 buildings, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the building. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. Landlord's Disclosure to Tenant and Real Estate Licensee(s) and Acknowledgment 1. Landlord acknowledges that Landlord has been informed of Landlord's obligations. Landlord is aware that Landlord must retain a copy of this disclosure for not less than three years from the commencement of the leasing or rental period. 2. Presence of lead-based paint and/or lead-based paint hazards (check one box below): o Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the unit. Ei Landlord has knowledge of lead-based paint and/or lead-based paint hazards present in the unit (explain): Tenant also keeps copies of such evidence. HAZARD ET CTORS. Tenant acknowledges that all smoke detectors, carbon monoxide detectors, and fire extinguishers were tested in Tenant's presence and found to be in working order, and that the testing procedure was explained to Tenant. Tenant agrees to test all detectors at least once a month and to report any problems to Landlord in writing. TENANT'S COPY. The Parties further agree that a copy of this joint inspection was provided to Tenant. The Parties have read and understood all of the above terms and conditions and hereby agree to be bawd thereby. LANDLORD: Print: OCEAN MGMT. SERVICES LLC Sign: Date: TENANT(S): Print: FRONT STREET DEVELOPMENT LLC Sign; ' Date. ' �1e } 4n� 1 i yl � x ) , 1E- i r, a . tn`y f sy rn : ! „ s c I 4` 1 1zl � F t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 CONSENT AGENDA AGENDAITEM: 10.F. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,800 for Farm to Cone LLC d/b/a Wakey Wakey Eggs & Bakey located at 126 W. Boynton Beach Boulevard SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides eligible new or existing businesses located within the CRA district with rent payment assistance for a maximum period of 12 months within the first 18 months of a multi-year lease. The CRA has received a complete grant application from Farm to Cone LLC d/b/a Wakey Wakey Eggs & Bakey which is located at 126 W. Boynton Beach Boulevard, Boynton Beach, FL 33435. Wakey Wakey Eggs & Bakey is breakfast and lunch eatery dedicated to serving customers high-quality, crave-able egg-sandwiches. The eatery is on a mission to win the heart of their customers daily by offering a menu with fresh, made-from-scratch fare combined with compelling prices. Under the terms of their lease agreement as a tenant of Beercade, LLC, the base rent required to be paid is $3,500 per month. Farm to Cone LLC d/b/a Wakey Wakey Eggs & Bakey falls under the category of a Tier II business (as specified in the grant application) and if approved, the applicant is entitled to receive reimbursement for half of the monthly rent amount or maximum grant amount of$900 per month for a 12 month period, whichever is less. The applicant meets the eligibility requirements under the Commercial Rent Reimbursement Grant Program guidelines and if approved, will be reimbursed on a quarterly basis with proof of rent payments. FISCAL IMPACT: $10,800 — Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Rent Reimbursement Grant not to exceed $10,800 to Farm to Cone LLC d/b/a Wakey Wakey Eggs & Bakey located at 126 W. Boynton Beach Boulevard, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I - Rent Application D Attachment II - Lease D Attachment III - Location Map D Attachment IV -Conceptual Design BOYNTON CRA mmBEACH "" i October 1, 2017 — September 30, 2018 BOYNTON BEACHCOMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement 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 assistant to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The CRA reserves the right to approve or deny any Commercial Rent Reimbursement 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 receipt of past payments is not a guarantee of future payments. 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 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 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)E 37-3258 www.catchboynton.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance in the form of a reimbursable grant in the form of a quarterly rent reimbursement. The time period of eligibility for assistance is up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, City and County licenses are obtained and the business is open for operation. The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. 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 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. • An existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site. • 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,- Initials Page 2 of 14 f' Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com 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. • Applicant must have an executed multi-year lease (two year minimum). • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the CRA the rights and use of photos and project application materials. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales • Convenience Store • Religious Affiliated Retail Stores • Churches • Non Profits • Fitness Centers over 4,500 sq.ft. • Check Cashing Stores . Take-Out Foods • Adult Entertainment . Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Kava Tea Bars • Pawn Shops • Alcohol and/or Drug Rehabilitation • Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops • Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Grant Terms and Conditions 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. Initials Page 3 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 7� -3258 www.catchboynton.com Tier One Business (Full-Service Restaurants Only) 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 seating 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 Business 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 • Clothing Boutique — clothing, shoes capacity under 50 & accessories • Gourmet Food Market • Bakery • Bed and Breakfast • Medical Offices • Marketing Offices • Accounting Offices • Law Offices . Real Estate Offices Fitness Center less than 4,500 sq.ft • Insurance Offices (no more than 2 approvals per fiscal • Florist (no more than 2 approvals year) per fiscal year) • Specialty Businesses— stationary, • Hair/Nail Salons (no more than 2 gifts, sporting goods approvals per fiscal year) • Home Decor/Design — home furnishings, art galleries, kitchen wares r Initials Page 4 of 14 � 1T 11 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435— Phone: (561) 737-3256 Fax: (561) 37 -3258 www.catchboynton.com 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. Subletting of the property by grant recipient is prohibited. Violation will constitute repayment of CRA grant funding. The CRA considers the following to be subletting: Any business entity in which the A) grant recipient is not listed as the registered agent, owner, officer or director of said business; B) lists its place of business as the leased premises of the grant recipient; or C) has obtained a business tax license from the City of Boynton Beach for the grant recipients' leased premises or any part thereof. 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, Ft- 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 5 of 14 f r � Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561`737-3t58www.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 served basis. Application packets must include the following documentation: 1. A 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. 2. Resume for each principal/owner of the business. 3. Copy of the corporate documents for the applying business entity. 4. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. 6. Two years of corporate tax returns (for existing businesses only). 7. Two years of personal tax returns for the principal/owners of a new business. 8. 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. 9. If an existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site. 10.Completed and signed application (attached). 11.Authorization to perform credit check for the business and each principal/owner of the business (attached). 12.W9 Form (attached). Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesdav 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 11 of the date and time that their applications will be considered by the CRA Board. 4 Initials/' Page 6 of 14 i Rent Reimbursement "'A 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. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. 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 Quarterly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to CRA Board approval. A maximum of 12 consecutive monthly rent payments will be reimbursed to the approved applicant. Each report shall be made within 10 days of the start of the next applicable quarter beginning on January 1St, April 1St, July 1St and October 1St following the initial Reimbursement Request. In order to receive quarterly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that quarter's reimbursement or proof of direct deposit). If applicant does not submit its quarterly reimbursement request within 30 days followinq the end of the quarter in which applicant is requesting reimbursement, applicant forfeits that quarter's reimbursement. r Initiak-- Page 7 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent reimbursement payments at any time according to its sole and absolute discretion. 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. r Initial 's E Page 8 of 14 1 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com t BOYNTON ,' i BEACH ,,,, CRA APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: '`C,7 Fed I D#: 7 Business Phone Number: ( , Fax: 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 ' yl No If so, monthly base rent: -,. New Business Address: r Square footage of current location: Square footage of new location: Type of Business: Number of Employees: Hours of Operation: , Page 9 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435— Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com J, BOYNTON wi..BEACH ,!,CRA APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: : . ' Date of Birth: Email: ,��f� d�� P��'��g�� , , ��t C L) r E Residential Address: Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 10 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com xla BOYNTON ,, NNUMBEACKCRA APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the CRA? (Tier One Businesses Only): Yes No If yes, what additional programs are you applying for: 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: ` Landlord's Mailing Address: j Ac-1 w� dI Landlord's Phone Number. 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 Rent Reimbursement Grant 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 Rent Reimbursement Grant Program Rules and Requirements. understand that this application is not a guarantee of grant assistance, and that award grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency B,ar r Initials 4',x; Page 11 of 14 j Rent Reimbursement . 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com S BOYNTON RA r APPLICANT INFORMATION 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 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 benefiting the 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 Boynton Beach Community Redevelopment Agency 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 Boynton Beach Community Redevelopment Agency 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 APPLICATION IS NOT 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 f �/ Rent Reimbursement 1 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com i hili BOYNTON WOMBEACKCRA APPLICANT INFORMATION APPLICANT,SIGNAT-I!' E 1. Pri I/ w is i nature g, Date Printed!Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared t = I who is/are 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 and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 0 Im day of 20 1 N A YP L M ommission Expires: Bonnie Nicklien NOTARY PUBLIC Page 13 of 14 -{STATE OF FLORIDA Rent Reimbursement Comm#GG1°s3S4 c ) '56 Fay �ftyfehr-i 1 710 North Federal Highway, Boynton Beach, FL 33435—Phone: 561 737 -3256 Fax: www.catchboynton.com i3 Y fl 4; v BOYNTON NNUMBEACH11CRA LALORD INFORMATION LAN DLORD,SIG.NATU-RE.$: dlor ;s-Sign ure_ Date` ,�-`� J Printed N e ` itle 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures -Multiple notary pages may be used if signing individually STATE OF fj A 124 Vh- COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared p 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 20 vvytcoormr Y P BLIC missiorlOF, Ex�ires Bonnie Nicklien NOTARY PUBLIC STATE OF FLORIDA Page 14 of 14 Comm#GG108394 Rent Reimbursement Expires 5/25/2021 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com %�hi'.+�7�lai :ikk �#553'�iArz�4FhiKf'o#ui�.d�L'?nY+,t�.K"e8fi�kk"(Yfi,�f.A�W"Sd13`":ua Commercial Lease Package Beercade LLC. LANDLORD Farm To Cone LLC TENANT June 1, 2018 LEASE START DATE ©2018 ezLandlordForms.com AAL COMMERCIAL LEASE PACKAGE Table of Contents Lease Documents Commercial Lease Agreement pages 3 - 12 Addenda Utility Company Contact Information page 13 Zero Tolerance for Criminal Activity page 14 Information Documents Trash and Recycling Instructions page 15 ©2018 ezLandlord Forms.com COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement is dated March 5,2018,between Beereade LLC. ("Landlord")and Farm To Cone LLC("Tenant"),and will be referred to throughout this document as the"Lease". L LANDLORD: The Landlord(s)and/or agent(s)is/are: Beercade LLC. (Owner) and will be referred to in this Lease Agreement as"Landlord." 2.TENANT: The Tenant or Tenants are Farm To Cone LLC DBA Wakey Wakey Eggs and Bakey and will be referred to as either"Tenant"or"Tenant(s)"in this Lease. If Tenant is a corporation,limited liability company,limited liability partnership,or any other business entity,each individual signing this Lease on behalf of Tenant warrants that he/she is duly authorized to execute and deliver this Lease on behalf of the business entity,and that this Lease is binding on Tenant in accordance with its terms. 3.RENTAL PROPERTY: The Landlord agrees to rent to the Tenant the leased premises located at 126 West Boynton Beach Blvd Boynton Beach,FL, 33435,described as a(n)Restaurant/Cafe will be referred to in this Lease as either"Leased Premises"or"Rental Property". The Leased Premises is described as: Parcel Control Number 08-43-45-28-10-004-0050 Subdivision BOYNTON HGTS ADD REV PL IN Official Records Book 29233 Page 589 A. The Legal Description of the Leased Premises is:BOYNTON HEIGHTS ADD REV PLAT LOTS 5 TO 8 INC/LESS NLY 10 FT SR 804/BLK 4 B. The specific area,measurement and dimension to be used as the Leased Premises is described as:864 Sq Ft C. Tenant has received a diagram of the Leased Premises from the Landlord. D. Landlord hereby leases to Tenant,subject to the terms and conditions of this Lease,the Leased Premises.The Leased Premises shall include all that space enclosed by and including the top surfaces of the subfloor and bottom surfaces of the ceiling and interior surfaces of all demising walls. 4.USE OF LEASED PREMISES: A. Tenant agrees that the Leased Premises will be used only as follows:Use as a Coffee and Egg Sandwich Cafe B. The Tenant is responsible for all permits,licenses and zoning approvals relating to the Tenant's business and the Tenant indemnifies the Landlord of all liability,costs,and/or fees associated with this business. C. Tenant must obtain written permission to erect or place any sign on or about the Leased Premises. D. Tenant shall neither injure or deface the Leased Premises or Common areas or permit any storage of inflammable substances. Tenant shall not create a nuisance,intolerable noise or odor within or from the Leased Premises,nor permit any use of the Leased Premises which is offensive or is liable to render necessary alterations to any part of the Leased Premises. 5.TERM OF LEASE: A. The Landlord shall lease to the Tenant the Leased Premises for the initial term("Initial"fern")beginning on June 1,2018 and ending at midnight on May 31,2023. B. Landlord's best efforts shall be put forth to give Tenant possession as nearly as possible at the beginning of the Lease term. If Landlord is unable to provide the Leased Premises at the beginning of the Lease term,rent shall abate for the period of delay.Tenant shall make no other claim against the Landlord for any such delay. C. Prior to the expiration of this lease,Landlord may place upon the premises any usual"To Let"and,"For Lease"signs. During the final three(3)months of this Lease term,the Landlord shall be permitted to show prospective tenants the Leased Premises upon giving Tenant at least twenty-four(24)hours'advance notice. O 2018 ezLandlord Forms.com Initials of all Tenants page 3 6.OPTION TO RENEW: A. At the end of the Initial Term,this lease will continue in full force and effect on a month to month basis with an increase in the Rent by$500.00 per month unless Tenant or Landlord provides written notice to the other parry at least 30 days before the end of the Term(including any exercised renewal or extension thereof)to terminate the Lease. 7.RENT: A. Tenant shall pay to the Landlord the total amount of$210,000.00 which shall be paid in installments every month on the 1 st of the month,in the amount of$3,500.00 referred to in this lease as`Base Rent". B. Rent payments shall be made payable to: Beercade LLC. C. Rent payments shall be made to the Landlord at the following address:7223 Ballantrae Ct Boca Raton, FL, 33496. Rent payments shall be considered paid on the date received by the Landlord.It is the Tenant's responsibility to ensure rent is received timely. D. Rent payments shall be paid by Certified Check,and/or Money Order, and/or Personal Check. E. All costs and expenses incurred of every kind and nature that is the responsibility of the Tenant during the tenn of the Lease or any renewal thereof(as described in this Lease)including the operating,managing,equipping,lighting,repairing, maintaining the Leased Premises including the common areas including but not limited to common parking and ingress and egress areas,of the Leased Premises shall be considered"additional rent".Additionally,such costs and expenses may include,but shall not be limited to:utilities,lighting the common areas,if any,cleaning costs,expenses of planting,replanting and replacing flowers, landscaping,water and sewerage charges,premiums for liability and property damage,and fees for required licenses and permits,and any late fee or returned payment fee. 8.SECURITY DEPOSIT: A. The Tenant(s)shall pay to the Landlord a Security Deposit of$7,000.00.The Security Deposit deposited by Tenant with Landlord shall be held by Landlord as security for the faithful performance by Tenant of all of the terms of this Lease. B. If Tenant defaults with respect to any provision of this Lease,including,but not limited to the provisions relating to the payment of rent,Landlord may(but shall not be required to)use or retain all or part of this Security Deposit for the payment of any rent or any other sum in default,or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default,or to compensate Landlord for any other loss which Landlord may suffer by reason of Tenant's default. If any portion of the Security Deposit is so used or retained,Tenant shall,within five(5)days after written demand therefore,deposit cash with Landlord in an amount sufficient to increase the Security Deposit to its original amount. C. If Tenant shall fully and faithfully perforin every provision of the Lease to be perfonned by it,the Security Deposit,or any balance thereof shall be returned to Tenant after the expiration of the Lease in accordance with the laws of Florida. D. In the event of termination of Landlord's interest of this Lease,Landlord shall transfer the Security Deposit to Landlord's successor in interest and Landlord shall thereupon be released by Tenant from all liability for the return of the Security Deposit;and Tenant agrees to look solely to Landlord's successor in interest for the return thereof. 9.SURRENDER OF THE LEASED PREMISES: A. At the end of this Lease or any renewal thereof,Tenant must vacate and shall immediately and peacefully surrender and return to the Landlord the possession of the Leased Premises. Tenant shall peaceably surrender the Leased Premises to Landlord on the date the Lease shall expire in as good condition as when Tenant took possession less normal wear and tear.On the Expiration Date Tenant shall surrender all keys to the Leased Premises.The Leased Premises shall be cleared out of all occupants,furniture,personal articles,and effects of any kind. B. All movable partitions,business and trade fixtures,machinery and equipment,which is not provided or installed by the Landlord,as well as any other articles of the Tenant's movable personal property shall be removed from the Leased Premises without causing any damage to the Leased Premises or any surrounding or common areas. In the event that such removal causes any damage to the Leased Premises,or any surrounding or common areas,the Tenant is fully responsible for repair or replacement and shall promptly repair or replace any damages to the Landlord's satisfaction.Tenant's failure to repair or replace any damage to the Landlord's satisfaction will result in charges made against any security deposit held and/or Tenant being billed in full for repairs or replacement. © /2018 ezLandlord Forms.com Initials of all TenaAi Page 4 C. If Tenant abandons or surrenders the Leased Premises,or is dispossessed,any of Tenant's Property left on the Leased Premises shall be deemed to be abandoned,and at Landlord's option,title shall pass to Landlord under this Lease as by a bill of sale. If Landlord elects to remove any part of such Tenant's Property,the cost of removal,including repairing any damage to the property caused by such removal,shall be paid by Tenant. 10.HOLDING OVER: A. Tenant agrees that if for any reason Tenant or any subtenant of Tenant shall fail to vacate and surrender possession of the Premises or any part thereof on or before the expiration or earlier termination of this Lease and the Term,then Tenant's continued possession of the Premises shall be as a month-to-month tenancy,during which time,without prejudice and in addition to any other rights and remedies Landlord may have hereunder or at law,Tenant shall: (1). pay to Landlord an amount(the"Holdover Amount")equal to 50 percent of the Base Rent in addition to the regularly recurring Rent payable hereunder prior to such tennination and (2). comply with all other terms and conditions of this Lease. The provisions of this section shall not in any way be deemed to (i). permit Tenant to remain in possession of the Premises after the Expiration Date or sooner termination of this Lease or (ii). imply any right of Tenant to use or occupy the Premises upon expiration or termination of this Lease and the Tenn, and no acceptance by Landlord of payments from Tenant after the Expiration Date or sooner termination of the Term shall be deemed to be other than on account of the amount to be paid by Tenant in accordance with the provisions of this section. Landlord waives no rights against Tenant by reason of accepting any holding over by Tenant,including without Iimitation the right to terminate such month-to-month tenancy as provided by law at any time after the expiration of the Term and any right to damages in the event that Tenant's holding over causes Landlord to suffer any loss. Tenant's obligations under this section shall survive the expiration or earlier termination of this Lease. B. Notwithstanding anything herein to the contrary,Tenant shall indemnify and save Landlord harmless against all costs,claims, loss or liability resulting from delay by Tenant in surrendering the Premises upon expiration or sooner termination of the Term,including,without limitation,any claims made by any succeeding tenant founded on such delay or any lost profits, losses,costs,expenses or liability payable to such tenant as a result thereof. 11.CHANGE OF TERMS: This Lease may not be changed,modified,terminated or discharged,in whole or in part,except by a writing,executed by both Landlord and Tenant. 12.LATE FEE: A. Tenant shall pay the rent and all other sums due on the date and time specified in this Lease without fail,set-ofd deduction or counterclaim.If the rent and all other sums that are due are not received by Landlord within 5 days after they become due,Tenant shall pay a late fee of 5%on each dollar of rent and all other sums that are unpaid. B. Late fee shall be deemed additional rent for all purposes and is not intended to constitute a penalty,but is a reasonable approximation of the damage incurred by the Landlord for late payment,the amount which is agreed by the landlord and tenant to be difficult or impossible to specifically determine. If Landlord shal l at any time or times accept rent or rent charges after the same shall have become due and payable,such acceptance shall not excuse delay,upon subsequent occasions,or constitute or be construed as a waiver of any other Landlord's rights.Tenant agrees that any charge or payment herein reserved,included or agreed to be treated or collected as rent may be proceeded for and recovered by Landlord in the same manner as rent due and in arrears and in accordance with the laws of Florida. 13.RETURNED PAYMENTS: A. A Returned Payment Fee of$25.00 will be added for any returned payments.A Personal Check will not be accepted as payment to replace a returned payment B. If there are 2 or more instances of returned payments,Tenant(s)agree that the Landlord may require all future payments to be made only by Certified Check or Money Order. C. A Returned Payment fee shall be deemed additional rent for all purposes and is not intended to constitute a penalty,but is a reasonable approximation of the damage incurred by the Landlord for the return of the payment by the financial institution, the amount which is agree)i the Landlord and Tenant to be difficult or impossible to specifically determine. ©2018 ezLandlord Forms.com Initials of all Tenants ] Page 5 D. If the financial institution returns your rental payment and thereby causes the rental payment to be late,a late fee will be due as specified in this Lease. 14. SUBLEASING AND ASSIGNMENT: A. Any assignment of this Lease or sublease of all or any part of the Leased Premises shall be prohibited,constitute a default of this Lease and shall be deemed void unless approved by Landlord in writing.Landlord shall have the right to grant, condition or withhold his/her approval for any reason or no reason. B. If this Lease is assigned by Tenant,or the Leased Premises are encumbered,then Landlord may,in the event of a default of this Lease,collect rent from the assignee,subtenant or occupant,and apply the amount collected to Base Rent and Additional Rent.No assignment,subletting,occupancy or collection shall be deemed a waiver by Landlord of the provisions of this Lease.,the acceptance by Landlord of the assignee,subtenant or occupant as a tenant,or a release by Landlord of the Tenant from the further performance by Tenant of its obligations under this Lease. The consent by Landlord to any assignment or subletting shall not in any way be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or subletting. 15.INSURANCE: A. Tenant shall maintain with an insurance carrier acceptable to Landlord,comprehensive insurance applying to the activity of "Tenant in connection with the Leased Premises,with limits of liability of not less than$1,000,000.00 combined single limit of liability for bodily injury,death and property damage.Tenant shall furnish to Landlord first within fifteen(15)days within the execution of this Lease and then annually,a certificate of such insurance which shall name Landlord and any mortgagee of the Building or Property as additional insureds and shall provide for non-cancellation and non-modification without thirty (30)days advance written notice to Landlord and such mortgagee. Failure of Tenant to renew such insurance at least thirty (30)days in advance to the expiration date,shall constitute a default of this Lease. B. If the Tenant has valid and collectible insurance for any loss which Landlord also maintains insurance for,Tenant's insurance shall be considered primary Insurance. The Landlord's insurance in this instance shall be considered excess insurance only and Landlord and/or Landlord's insurance company shall have no duty to defend against any suit if the Tenant's insurance company has a duty to defend against that suit.Tenant understands that the Landlord is not responsible for any damage to or loss of the Tenant's property. C. When the Landlord's insurance is excess insurance,the Landlord's insurance will only pay the amount of the loss if any,that exceeds the total amount that the Tenant's insurance would pay for the loss in the absence of the Landlord's insurance. D. Landlord and Tenant hereby release each other from any and all liability or responsibility to each other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property covered by any fire and extended coverage insurance then in force,even if such fire or other casualty shall have been caused by the fault or negligence of the other party,or anyone for whom such party may be responsible,provided,however,that this release shall be applicable and in force and effect only to the extent of and with respect to any loss or damage occurring during such time as the policy or policies of insurance covering the loss shall contain a provision to the effect that this release shall not adversely affect or impair the insurance or prejudice the right of the insured to recover. If at any tune the fire insurance carriers issuing fire insurance policies to Landlord or Tenant shall exact an additional premium for the inclusion of such or similar provisions,the party whose insurance carrier has demanded the premium referred to as the"Notifying Party"shall give the other party notice. In such event,if the other party requests,the Notifying Party shall require the inclusion of such or similar provisions by its fire insurance carrier,and the requesting other-party shall reimburse the Notifying Party for any such additional premiums for the remainder of the term of this Lease. If at any time any such insurance carrier shall not include such or similar provisions in any fire or extended coverage insurance policy,then,as to loss covered by that policy,the release set forth in this Section shall be deemed of no further force or effect.The party whose policy no longer contains such provision shall notify the other party that the provision is no longer included in the policy,but a failure or delay in giving such notice shall not affect such termination of the release set forth in this Section. During any period while the foregoing waivers of right of recovery are in effect,the party for whom such waivers are in effect shall look solely to the proceeds of such policies to compensate itself for any loss occasioned by fire or other casualty which is an insured risk under such policies. E. Tenant's failure to meet any of the insurance requirements set forth herein shall constitute a default of this Lease. 1 02018 ezLandlordForms.com Initials of all Tenants / Page 16.INDEMNIFICATION: Tenant shall indemnify,defend and hold Landlord harmless from and against any and all claims arising in connection with(1) Tenant's use of the Leased Premises and the Property or;(2)from any activity,carried out in or about the Leased Premises;(3) from any breach or default in the perfomnance of any obligation by or of Tenant's agents,contractors or employees and for,from and against all costs,attorneys'fees,expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon.Tenant,as a material part of the consideration to Landlord,hereby assumes all risk of damage to property or injury to persons in,upon or about the Leased Premises arising from any cause other than the acts or neglect of Landlord,and Tenant hereby waives all claims with respect thereof against Landlord. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of the Leased Premises,Building or Property. 17.UTILITIES: A. Tenant is responsible for the following utilities:Electricity and Water(`utility"or"utilities")and is required to register the utilities in Tenant(s)name.Tenant understands and agrees that these essential utilities are to be maintained and operational at all times. Proof of payment shall be given to the Landlord on demand. 18.PARKING: Landlord agrees to provide to Tenant parking space for the use of Tenant and its employees and customers,subject to the following limitations: Parking consists of 20+Spots and a Handicapped Spot A. All parking serving the Building shall be on an unreserved,first-come,first-served basis. B. Landlord shall not be responsible for any vehicle,valuables,or personal property lost,damaged,or stolen in the parking area,except as caused by the negligence or willful misconduct of Landlord.Furthermore,to the extent permitted by law, Landlord shall not be liable for any injury to persons using the parking areas;use of the parking area shall be at the sole risk of Tenant. C. Tenant shall not store any automobiles in the parking area without the prior written consent of Landlord. D. Landlord reserves the right to temporarily close the parking area by providing advance notice to the Tenant. E. Tenant shall not assign or sublease any portion of the parking area without the consent of Landlord. 19.REPAIRS: A. Tenant shall be responsible for all repairs needed on or about the Leased Premises. B. Tenant is responsible and liable for any cost associated with a repair needed that is caused by the Tenant,Tenants guests or invitees. C. The Tenant must keep the Leased Premises clean and sanitary at all times and remove all rubbish,garbage,and other waste,in a clean,tidy and sanitary manner. 20.SERVICES AND COMMON AREA MAINTENANCE: A. Tenant(s)is/are responsible for the following services in and around the Leased Premises:stocking restroom supplies,trash removal,window washing,pest control,and general cleaning and maintenance inside the Leased Premises. B. Tenant expressly waives and releases Landlord from all liabilities,claims,suits,judgments,costs,expenses and damages (including consequential damages)arising out of the failure of any utility or services for the Leased Premises.Tenant agrees that the Landlord has no obligation to provide all or any of the utility systems. C. Tenant must abide by all local recycling regulations. D. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from,nor shall the Rent be abated or any of Tenant's obligations be reduced by reason of: (1). the installation,use or interruption of use of any equipment in connection with the furnishings of any of the foregoing services, (2). failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or by any condition or event beyond the reasonable control of Landlord,or by the making of necessary repairs or improvements to the Property,or (3). any limitation,or restrictions on use of,water or electricity serving the Leased Property.Landlord shall not be liable under any circumstances for a loss or injury to Property or business,arising in connection with or incidental to any failure to furnish any such services. ©2018ezLandlordForms.com Initials of all Tenants Page 7 21.LANDLORD'S IMPROVEMENTS AND ALTERATIONS: A. Landlord shall not be required to make any additions or improvements. Removal or changes to of any of the listed additions or improvements by the Tenant must have the advance written approval of the Landlord.The improvements listed are the property of the Landlord and the Tenant is responsible to return them as they were at the beginning of this Lease.The Tenant is responsible for ANY damage to these items. B. No promise of Landlord to alter,remodel,repair or improve any part of the Leased Premises or common areas and no representation,express or implied,respecting any matter related to the Property of this Lease(including,without limitation, the condition of any part of the Property)has been made to Tenant by Landlord or Landlord's broker or rental agent,other than as may be contained in this Lease Agreement.Tenant accepts the Leased Premises in"as is"condition except for the items listed herein. 22.TENANT'S IMPROVEMENTS AND ALTERATIONS: A. Tenant,at Tenant's expense,shall have the right following the Landlord's consent to remodel,redecorate and make additions,improvements,and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable,provided the same are made in a workmanlike manner and utilizing good quality materials.Tenant shall have the right to place and install personal property,trade fixtures,equipment and other temporary installations in and upon the Leased Premises,and fasten the same to the Leased Premises.All personal property,equipment,machinery,trade fixtures,temporary installations whether acquired by the Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant subsequently,shal I remain the Tenant's property free and clear of any claim by the Landlord.Tenant shall have the right to remove the same at any time during the term or at the end of this Lease provided that ANY and ALL harm or damage to the Leased Premises caused by such removal shalt be repaired by Tenant at Tenant's expense. B. Tenant must have written approval before installing or supplying any appliance.Landlord accepts no responsibility for the maintenance,repair or upkeep of any appliance supplied by the tenant.Tenant agrees he/she is responsible for any damage that occurs to the Leased Premises resulting from the addition of any appliance that is supplied by the Tenant. 23.NO LIENS: Tenant shall keep Tenant's leasehold interest,and any improvements which are or become the property of Landlord under this Lease,free and clear of any attachment of judgment lien. Before the actual commencement of any work for which a lien or a claim of lien may be filed,Tenant shall give Landlord at least ten(10)days prior written notice of the intended commencement date and Landlord shall have the right to enter the Leased Premises and post such notices of non-responsibility for Tenant's work at any reasonable time. Tenant shall,within five(5)days after the attachment of any lien or claim of lien,pay and discharge, or secure the release from the Leased Premises of any lien or claim of lien;Tenant shall promptly indemnify Landlord from and against all loss,cost,damage,injury or expense in connection with any such lien or claim of lien,including,without limitation, reasonable attorney's fees. In addition,Tenant agrees that no security agreement,whether by way of conditional bill of sale, chattel mortgage or instrument of similar import,shall be placed upon any improvement at the Premises which is affixed to the Real Property. 24.CONDITION OF PROPERTY: Tenant acknowledges that the Leased Premises are in acceptable condition upon the execution of this Lease.Tenant(s)agree that neither the Landlord nor his agent have made promises regarding the condition of the Leased Premises. 25.DESTRUCTION OR DAMAGE: A. If any portion of the Leased Premises or common areas necessary for Tenant's occupancy is damaged by fire,or other casualty,Landlord shall,promptly repair the dafnage, if such repairs can,in Landlord's opinion,be completed within ninety (90)days. If Landlord determines that repairs can be completed within ninety(90)days,this Lease shall remain in full force and effect. If such damage is not the result of the negligence or willful misconduct of Tenant or Tenant's agents,employees, contractors, licensees or invitees,the rent shall be abated to the extent Tenant's use of the Leased Premises is impaired, based upon the reasonable relative value to Tenant that the damaged space bears to the value of Tenant's total Leased Premises,commencing with the date of damage and continuing until substantial completion of the repairs required of Landlord. ©2018 ezLandlordForms.com lni*s of all Tenants / Page 8 B. If,in Landlord's opinion,such repairs cannot be completed within ninety(90)days, Landlord may elect,upon notice to Tenant given within thirty(30)days after the date of such fire or other casualty,to repair such damage,in which event this Lease shall continue in full force and effect,but the Base Rent shall be partially abated to the extent Tenant's use of the Leased Premises is impaired,based upon the reasonable relative value to Tenant that the darnaged space bears to the value of Tenant's total Leased Premises,commencing with the date of damage and continuing until substantial completion of the repairs required of Landlord. C. Tenant shall be responsible at its sole cost for the restoration and replacement of any other Leasehold Improvements and Tenant's property. Landlord shall not be liable for any loss of business,loss of Tenant's personal property,inconvenience or annoyance arising from any fire or other casualty or any restoration of any portion of the Property arising from fire or other casualty. D. If such damage is the result of the negligence or willful misconduct of Tenant or Tenant's agents,employees,contractors, licensees or invitees,Rent shall not be abated,and Tenant shall pay Landlord for repairs and for all costs associated with such damages,including but not limited to the loss of all rental income from all tenants of the Property as the result of such damage. 26.RIGHT OF ENTRY: Tenant shall permit Landlord or Landlord's agents to enter upon the Leased Premises at reasonable times and upon reasonable notice,for the purpose of inspecting and making repairs and will pen-nit Landlord at any time within 24 hours with reasonable notice. In the event of an emergency Landlord reserves the right to enter the Leased Premises without notice. 27.CHANGES REQUESTED BY LENDER: When applicable,neither Landlord nor Tenant shall unreasonably withhold consent to changes to this Lease requested by the lender on Landlord's interest,so long as these changes do not materially alter the basic business teens of this Lease. 28.CHOICE OF LAW: This Lease shall be construed and enforced in accordance with the laws of Florida. 29.EXECUTION OF LEASE: The submission of this Lease to Tenant shall be for examination purposes only,and does not and shall not constitute a reservation or option for Tenant to lease,or otherwise create any interest of Tenant in the Leased Premises or any other premises within the Building or Property.Execution of this Lease by Tenant and its return to Landlord shall not be binding on Landlord notwithstanding any time interval,until Landlord has in fact signed and delivered this Lease to Tenant.The parties agree to promptly sign all documents reasonably requested to give effort to the provisions of this Lease. 30.ABANDONMENT: In the event that tenant vacates the premises without notifying the Landlord,the premises is then considered to be abandoned and tenant is in default of this Lease agreement.Specifically,Tenant shall(unless Landlord shall have directed Tenant not to remove such items)reimburse Landlord,as Additional Rent within thirty(30)days after demand,for Landlord's reasonable, actual out-of-pocket costs incurred in connection with removal of Tenant's property and restoration of the premises. Landlord's acceptance of a subtenant or replacement tenant in case of abandonment shall not constitute a waiver of rights against the original tenant. In case of abandonment.Tenant may be responsible for damages and losses allowed by federal,state and local regulations. 31.LANDLORD'S REMEDIES: If the event of a default of this Lease,the Landlord may in addition to any other remedies or options set by law pursue any or all of the following remedies concurrently or successfully,as follows: A. Landlord may terminate this Lease and take possession of the Leased Premises without prior notice or demand. B. In addition to any Rent and other charges already due and payable,the Rent for the entire unexpired balance of the term of this Lease and any other charges,costs and expenses herein agreed to be paid by Tenant shall be due and payable immediately as if by the terms of this Lease such Rent,charges,costs and expenses were on that day due and payable in full,in accordance with and to the extent pennitted by the laws of Florida. 2018 ezLandlord Forms.com lnitia4'6f all Tenants �// Page 9 C. Landlord shall to the extent permitted by law,have the right to proceed by distress and sale of Tenant's property for Rent and other amounts due hereunder. During the tenn hereof,Landlord shall have a lien on all of Tenant's personal property, fixtures and equipment in the Leased Premises,as security for Rent and all other charges payable hereunder. D. Tenant expressly waives any right of redemption or for the restoration of the operation of this Lease under any present or future law if Tenant shall be dispossessed for any cause,or if Landlord shall obtain possession of the Leased Premises as herein provided. E. Landlord may,at any time,cure the default of Tenant and at the expense of Tenant.Tenant shall pay,with interest at the maximum legal rate,on demand,to Landlord,the amounts so paid,expended or incurred by Landlord and any expense of Landlord including attorneys'reasonable fees incurred in connection with the default and as permitted by law. F. The rights and remedies of Landlord set forth herein shall be in addition to any other rights or remedies now or hereafter provided by the laws of Florida.All such rights and remedies shall be cumulative and not exclusive of each other. Landlord may exercise such rights and remedies at such times,in such order,to such extent,and as often as Landlord deems advisable with regard to whether the exercise of one right or remedy precedes,concurs with or succeeds the exercise of another.A single or partial exercise of a right or remedy shall not preclude a further exercise thereof or the exercise of another right or remedy from time to time.No delay or omission by Landlord in exercising a right or remedy shall exhaust or impair the same or constitute a waiver of or acquiescence to a default.No waiver of default shall extend to or affect any other default or impair any right or remedy with respect hereto.No action or inaction by Landlord shall constitute a waiver of a default.No waiver of a default shall be effective unless it is in writing. 32.WAIVER: The receipt and acceptance by Landlord of delinquent rent plus late charges and service fees shall not constitute a waiver of any other default;it shall constitute only a waiver of timely payment for the particular rent payment involved. No act or conduct of Landlord,including,without limitation,the acceptance of keys to the Leased Premises,shall constitute an acceptance of the surrender of the Leased Premises by Tenant before the expiration of the Term. Only a written notice from Landlord to Tenant shall constitute acceptance of the surrender of the Leased Premises and accomplish atermination of Lease. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant. 33.SUBORDINATION: This Lease Agreement is subject and subordinate to any lease,financing, loans,other arrangements,or right to possession with regards to the building or land,that Landlord is obligated to now or in the future including existing and future financing,and/or loans or leases on the building and land. 34.CONDEMNATION: If the whole or any part of the leased premises is taken by any authority having power of condemnation,this Lease agreement will end.Tenant shall peaceably vacate the premises,removing all personal property and the lease terms will no longer apply. Tenant,however is responsible for all rent and charges until such time that tenant vacates. 35.BINDING EFFECT: All rights and liabilities herein given to,or imposed upon the respective parties hereto,shall extend to and bind the several and respective heirs,executors,administrators,successors and assigns of said parties. 36.MISREPRESENTATION: A. if any information provided by Tenant in application for this Lease is found to be knowingly incorrect,untruthful and/or misleading,it is a default ofthe lease. 37.PRIOR AGREEMENTS; AMENDMENTS: This lease contains all of the agreements of the parties with respect to any matter covered or mentioned in this Lease,and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.No provisions of this Lease may be amended or added t sept by an agreement in writing�sjgned by the parties or their respective successors in interest. ©2018 ezLandlordForms.com Initials of all Tenants 7' Page 10 38.SEVERABILITY: Each term,remedy,provision,condition,obligation and/or waiver contained in this Lease,or any amendment or supplement hereto, is a separate and distinct covenant and,if any such tenn,remedy,provision,condition,obligation and/or waiver is declared unenforceable or unconstitutional,or invalid by any court of competent jurisdiction or by any act of Congress or by any other governmental authority,such decision,statute,ordinance or regulation will not affect in any manner the enforceability or validity of any other term,remedy,provision,condition,obligation and/or waiver contained herein,and they will remain in full force,virtue and effect.Therefore,it will not cancel or void the rest of the Lease Agreement.The remainder of the Lease will continue to be valid and enforceable by the Landlord,to the maximum extent of the laws and regulations set forth by local,state and federal governments. 39.FORCE MAJEURE: Any prevention or delay or stoppage of work to be performed by Landlord or Tenant which is due to labor disputes,inability to obtain labor,material or equipment,acts of God,governmental regulations,judicial orders,hostile government actions,civil commotion,fire or other casualty,or other cause beyond the reasonable control of the party obligated to perforn hereunder, shall excuse performance of the work by that party for a period equal to the duration of that prevention or delay or stoppage. Nothing in this Article shall excuse or delay Tenant's obligation to pay rent or other charges under this Lease. 40.RULES AND REGULATIONS: Tenant agrees to comply with(and cause its agents,contractors,employees and invitees to comply with)the rules and regulations and with such reasonable modifications and additions that the Landlord may make from time to time. Landlord shall not be responsible for any violation of such rules and regulations by other tenants or occupants of the Building or Property. A. Late fees are strictly enforced and any unpaid fees will not be waived. B. The Tenant may not interfere with the peaceful enjoyment of the neighbors. C. The Tenant will be responsible for any fine and/or violation that is imposed on the Landlord due to the Tenant's negligence. D. The Tenant shall abide by all Federal,State,and Local laws. E. The Tenant shall notify the police and Landlord of any illegal activity that is witnessed in or around the Leased Premises. F. The Tenant agrees not to use the Leased Premises for any unlawful purpose including but not limited to the sale,use or possession of illegal drugs on or around the Leased Premises. G. The Tenant agrees to test smoke detector(s)periodically as well as maintain operational batteries at all times. H. The Tenant agrees to test carbon monoxide detector(s)periodically as well as maintain operational batteries at all times.The Tenant must report immediately to the Landlord any malfunction with carbon monoxide detector(s). 41.ADDENDA: The following Addenda,attached to this Lease Agreement,shall become part of this Lease Agreement: If any provision contained in an addendum to this Lease is inconsistent with any other provision herein,the provision contained in the addendum shall control,unless otherwise provided in the addendum. A. Zero Tolerance for Criminal Activity 42.NOTICES: A. Any notice,required by the ten-ns of this Lease Agreement shall be in writing. B. Notices sent to Landlord may be sent to the following: 1. 7223 Ballantrae Ct, Boca Raton, FL,33496 1I. Email:HerbTabin@gnail.com C. Written correspondence to Tenant shall be mailed to: 126 West Boynton Beach Blvd Boynton Beach, FL,33435. D. Notices may be given by either party to the other,or any other manner provided for by law,in any of the following ways: 1. First Class USPS Mail. IL Personal Delivery. III. by sending said notice by certified or registered mail,return receipt requested. IV. Email. E. If Landlord sends the notice by certified,registered mail or regular mail,it will be considered received on the date the Tenant signs for it,or FIVE(5)days after it was mailed,whichever occurs first. ©2018 ezLandlordFormInitials s.com of all Tenants Page 11 43.PARAGRAPH HEADINGS,CAPTIONS AND SECTION NUMBERS: The captions,paragraph headings and section numbers appearing within the body of this Lease have been inserted as a matter of convenience only and in no way define,limit or enlarge the scope or meaning of this Lease. They are for convenient reference only and do not represent the rights or obligations of the Landlord or Tenant. 44.ENTIRE AGREEMENT: A. Landlord and Tenant agree that this Lease Agreement and any attached Addenda,Rules and Regulations and/or Special Terms and Conditions accurately represent all terms and agreements between the Landlord and Tenant regarding the leased premises.There are no promises,agreements,conditions or understandings,either oral or written,between them other than are herein set forth. It is further understood and agreed that,except as herein otherwise provided,no subsequent alteration, amendment,change or addition to this lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by them. NOTICE:This is an important LEGAL document. • You may have an attorney review the Lease Agreement prior to signing it. • You are giving up certain important rights. • If the Landlord fails to enforce any provision of this Lease Agreement it is not a waiver of any future default or default of the remaining provisions.Landlord's acceptance of rental payments is not a waiver of any default by the Tenant • Time is of the essence in this Lease. • You are waiving your right to have a notice sent to you before the Landlord starts court action to recover possession for nonpayment of rent or any other reason. INTENDING TO BE LEGALLY BOLJAD,Ihe parti ii to have executed this Lease on this date of March 5,2018. Tenant's Signature: Date: March 6, 2018 Witness Signature: Date: Witness Signature: Date: Landlord/AgentSignature: Date: March 6, 2018 Witness Signature: Date: Witness Signature: Date: ©2018 ezLandlord Forms.com Initials of all Tenants Page 1 Adh, UTILITY COMPANY Asa courtesy, we are providing the utility company information for tlyeproperq to assist yo it witly moving in. IMPORTANT: Before the Lease begins and/or you move in, you must contact the utility companies to activate service. The Tenant may not move in until the utilities are registered in their name. If the Tenant fails to activate any utility services before the Lease begins, the Tenant will be responsible for re-lighting any of the Gas pilots and for all Tenant utility charges. 'The-Tenant is responsible for all utility activation fees. Please take the time to locate and familiarize yourself with the location of the gas and water shutoff valves and the electric fuses and/or breakers. Florida Power & Light 700 Universe Blvd Juno Beach, FL 33408 Phone: (321) 723-7795 http://www.fpl.com Find USPS change-of-address forms at http://moversguide.usps.com. @ 2018 ezLandlord Forms.com Page 13 ADDENDUM: ZERO TOLERANCE FOR CRIMINAL ACTIVITY Landlord: Beereade LLC. Tenant: Farm To Cone LLC Leased Premises: 126 West Boynton Beach Blvd, Boynton Beach, FL 33435 This LEASE ADDENDUM is incorporated into and made part of the Lease executed by the Landlord and the Tenant referring to and incorporating the Leased Premises. The Landlord has zero tolerance for criminal activity in or around the Leased Premises. This policy applies to all Tenants, occupants, guests, and any visitors in or around the Leased Premises. The Landlord will immediately report any evidence of criminal activity to the proper authorities, and the Tenant's engagement in any criminal activity is a default of the Lease. The Tenant understands his/her responsibility to call the police/emergency services and report any suspicious activity observed, and then notify the Landlord. The Tenant understands that disturbances of the peace not only infringe on the neighbors' peaceful enjoyment of their property, but are also a default of the Lease. In the event of any criminal activity in which the"Tenant is directly or indirectly involved,the Landlord will take the legal measures necessary to evict the Tenant(s) from the Leased Premises. This includes but is not limited to illegal drug activity, gang involvement, organized crime and disturbances of the peace. The Tenant understands that violation of this addendum is a default of the Lease and will result in the Landlord taking the necessary steps towards eviction of the Tenant. The Tenant may then be responsible for the rent remaining due for the balance of the Lease term, court costs, attorney fees, and other charges in accordance with all applicable Florida, local laws and regulations. Tenant's Signature: Date: Tenant's Signature: Date: Tenant's Signature: Date: ©2018 ezLandiordForms.com page 14 TRASH AND RECYCLING INSTRUCTIONS Landlord: Beercade LLC. Tenant: Farm To Cone LLC Leased Premises: 126 West Boynton Beach Blvd, Boynton Beach, FL 33435 For the duration of your occupancy, please comply with the following trash and recycling instructions. Bins/Cans/Recycling Containers are located: The following items must be recycled: . Make sure that recyclables are placed in the appropriate containers. Trash collection days are as follows: . On collections days, trash shall be taken to . Please make sure that food and garbage is tied and placed tightly in containers. Do not leave plastic trash bags outside of any bins or cans. Tenant is required to adhere to all local trash and recycling regulations and will be responsible for any fees or fines related to improper trash or recycling disposal. Tenant's Signature: Date: Tenant's Signature: Date: Tenant's Signature: Date: Tenant's Signature: Date: OO 2018 ezLandlordForms.com Page 15 -------------_ - -- ---- - - � �I -1-j'ovavwvl �----- ® PM8 4oeag UOIUAOg _ ®' o 'JNI`SNOIlnios — C N € T SDIA 3s O 3 N uigs1 q-jaH3 uwvv0n19NBN33NI9N - - ®_ AJAVD3ds :AnVN 10EIrOad -- a m tw LL -- - AHO Mao SNHVW3a 3LV4 as m <...,,o',...m O z a d IL Q O a o IL � a «, d) o • CL � -a I z Q 1 [y o z �O® z� • _ Q 3/6/2018 PAPA Maps Search by Owner,Addressor Parcel z �_ 1{ View Property Record Owners BEERCADE LLC - Property detail BOynt4kt Bzach F31V[I }D 71 i h t{t t! ml rSs4Y ) ¢ Itf (1} �b }Aj\ W FS 7ynit7n B23Cf1 BIVd 2 i 4 \ 126 W BOYNTON BEACH Location BLVD Municipality BOYNTON BEACH t F V Parcel No. 08434528100040050 Subdivision BOYNTON HGTS ADD REV PL IN Book 29233 Page 589 - Sale Date JUN-2017 7223 BALLANTRAECT } - Mailing - - Address BOCA RATON FL 33496 1423 Y� Use Type 1100-STORES i Total Square Feet 864 - s Sales Information } Sales Date Price -JUN-2017 380000 - - x NYY`1 t,Ave t N1fV '9stnAt IJUN-2017 10 aAPR-2016 10 DEC-2011 202000 JAN-2001 10 } J� 1 2 - Appraisals Tax Year 2017 Improvement Value $64,731 Land Value $178,043 Total Market Value $242,774 All values are as of January 1 seach year i 1 Assessed/Taxable values Tax Year 2017 ---_r— Assessed Value $242,774 �4ve, r Exemption Amount $0 WY'Dcea, Taxable Value $242 774 r 1 Taxes ; Tax Year 2017 Ad Valorem $5,184 C Non Ad Valorem $408 s- Total tax $5,592.{��, http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528100040050# 1/1 —N t ' (��U3is k r11t s _ r + rt�) r r � i of RIM RAN t�t1 u; + , �. NOW= (tiri(ht s�s r t tt�tt� tr i r(1�=s{+rirr � r )tf�4�st s stt s; ti rt S�tk i j - i t }1tt1t�ti Sett r r Yp 5 ` Boa � t� ?r,��'r,�,tl td y �,• L t tl trs 1� 6s I 11ttFs ' � - ii��l�rlsr�7kr Mfr r��Ft } 77 r st, r T 1 f. - ��f�r��i£kt�f}11 11a'r�t�71a,1„i t 7= fit ,r k i ��l`17 iti i 7 t yf r t O Sal}�15�t r}7 v � �i�t�>}kt117r ;j { rl7 r, v r 1 r 7 1 - - � { ti,t3',i a v �YYYt+1� ,Yli� P��,t +}t I Pr r+ �'r - 1 t fill gp ru fi� Irl�� §I 1t AW 72 y jyj 'I/kI/Ily!rtr lk��-�// RA T i c 4 i Vii a. i l i �iii;� - - I ir� t�s�t�ltt,4�� . '1,� t t r � i , } } 4 S��I( i t t tT•{�sgo }�1,•°`- t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 CONSENT AGENDA AGENDAITEM: 10.G. SUBJECT: Approval of Commercial Facade Grant Program in the amount of $25,000 for Beercade, LLC located at 126 W. Boynton Beach Boulevard SUMMARY: The CRA's Commercial Facade Improvement Grant Program provides financial assistance to a property owner or commercial tenant to incentivize the exterior improvement of existing commercial properties within the CRA District. A completed grant application was submitted by Beercade, LLC, the property owner and landlord for Farm to Cone, LLC d/b/a Wakey Wakey Eggs & Bakey located at 126 W. Boynton Beach Boulevard, Boynton Beach, FL 33435. Wakey Wakey Eggs & Bakey is breakfast and lunch eatery dedicated to serving customers high-quality, crave-able egg-sandwiches. The eatery is on a mission to win the heart of their customers daily by offering a menu with fresh, made-from-scratch fare combined with compelling prices. The Commercial Facade Improvement Grant Program provides a 50% matching 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 a grant maximum of $25,000 in reimbursable funds for new windows and doors, a patio addition, new brick facade, and signage based on the invoices for$50,713 provided as Attachment 11. CRA funds are released as reimbursement once the proper documentation is submitted to staff for review and approval. FISCAL IMPACT: $25,000 — FY 2017 -2018 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Facade Improvement Grant not to exceed $25,000 to Beercade, LLC located at 126 W. Boynton Beach Boulevard, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I - Facade Application D Attachment II - Facade Invoices D Attachment III - Location Map D Attachment IV -Conceptual Design BOYNTO October 1, 2017 — September 30, 2018 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM 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 Facade 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. r �' q fes,. I nitials'; _ 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 fagade 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 Facade 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 applicant s eks Initi , 4 Page 2 of 14 7— — 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 fagade • 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 r perio Le htin ~ 9 g / Init FIs 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- • Demolition of structure and re- striping sodding of vacant property • Fencing (excluding: chain link, • Solar electricity and water heating — barbed wire, and wood panels) See Attached ReNew PACE Eligible Product List • Electric vehicle charging station — 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. l Initial Page 4 of 14 �d 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 prior to submissions of the grant application, a copy of the building permit receipt is due within 90 days of grant approval. 4. Copy of Warranty Deed. 5. Copy of executed multi-year commercial lease agreement. 6. Copy of design and construction plans associated with the proposed improvements. 7. A minimum of four color digital "before" photos of the project. 8. Signage design. 9. Project color chips, material samples and material specifications, if applicable. 10.Completed and signed application (attached). 11.W9 Form (attached). 12.City Planning and Development Department Acknowledgement Form (attached). 13.City 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. Initials4 d_ 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. Initia 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 BOYNTON ` IMMMBEACH k r, ' CRA APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if aplicable): .y Current Business Addre s: �( U2 Fed I D#: p gin , Business Phone Number: '" Cell: Website: Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes w' No Do you have an executed lease agreement: Yes No If so, monthly base rent: z. New Business Address: J j} c_. T Y t d Square footage of current location: J Square footage of new location: r: Type of Business: 4 Number of Employees: _ t Hours of Operation: 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 BOYNTON 'E ..BEACH ,.,r. ilk,;t,S)r�itq) �tir�2.'.0 ,C RIA APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: (- Email: Residential Address: Cell Phone Number: - r -' 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: 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): Yes No If yes, what additional programs are you applying for: 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 r r' 01 BOYNTON A '-%H CRA w&mBEA(.0 APPLICANT INFORMATION 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: Landlord's Mailing Address: Landlord's Phone Numb , . 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 t3 z t i BOYNTONII","" M"" IMMWBEACK' RA APPLICANT INFORMATION 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 Fagade Improvement Grant 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 Fagade 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. Initi 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 s f urn: BOYNTON CRA M-NNOWBEACK(", APPLICANT INFORMATION 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. Initial 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 is BOYNTON" i` W&MBEACH !,, ,,,,,,,,,,CRA APPLICANT INFORMATION APPLICANT SIGNATURM a Princi al/Owner's Signature Date Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF PC COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared _ 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 'n the State and Count aforesaid on this day of 20 Vo �# mmission Expirgs: Bonne Nicklien Q NOTARY PUBLIC Page 13 of 14 " -STATE OF FLORIDA Commercial Facade Comm#GG10&.394 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-325firltx: (All��3s/5 �21 www.catchboynton.com s BOYNTON ]' BEACH LANDLORD INFORMATION LANDLORD SIGNATURES: 3A, 1. 4n:611 r; s Sign Lure Date Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures -Multiple notary pages may be used if signing individually STATE OF COUNTY OF J BEFORE ME, an officer duly authorized by law to admini ter oaths and take acknowledgements, personally appeared , 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 2014 ZT P BL Commission Expires:. y Bonnie Nicklien NOTARY PUBLIC -+STATE OF FLORIDA Page 14 of 14 �3 1m Comm#GG1083c4 Commercial Facade El Expires 5/25/2021 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737-3256 Fax(561) 737-3258 www.catchboynton.com March 6, 2108 Boynton Beach CRA 710 North Federal Highway Boynton Beach, Florida 33435 Application For Commercial Facade Improvement Grant Program The Subject Property- 126 West Boynton Beach Blvd,Boynton Beach, Florida 33435 Located within the CRA District, the Property at 126 West Boynton Beach Blvd,is to go through an exterior modification. The following describes improvements to be done as approved for minor modification by Boynton Beach planning and zoning. As the building is undergoing changes, all facade designs are to be consistent with the CRA's Urban Design Guidelines and all work is to be done in compliance with the City of Boynton Beach Building codes and regulations. The property has no known liens and as such we have submitted our check for$115 to perform a lien search.We are a tier two business. Our credit score is 786 and our projected completion time is estimated to be 75 days from start. Additionally,we have listed all project costs that we are requesting for reimbursement. The Building Facade.Description of improvements. 1. Change the current roof tiles from their color to black. 2. Replace all existing windows and doors with hurricane proof windows and doors. 3. Enlarge the side entrance from the parking lot to be handicapped accessible. 4. Add a brick paver,rear patio deck,behind the building. 5. Surround that patio with a six-foot high concrete block wall. The patio area will be accessible from the parking lot. 6 Add a large retractable awning, to provide shade to patrons as requested in the city's minor modification. 7. Create a dumpster area towards the rear of the property,with a concrete base. 8. Surround the new dumpster area with a six foot concrete wall. 9. Enhance all external walls seen from the street,including those surrounding the patio and dumpster,with a white external brick facade. 10. Landscape the property as required in the minor modification including adding a grass in front and other shrubs surrounding the newly created walls of the patio and dumpster as required in the minor modification. Also add a magnolia tree to the front of the property as requested by the city. 11. Move the current tree in the front of the property to the rear behind the patio inch-by-caliber-inch. 12.Paint as needed, add signage and new external lighting. 13. Repair the parking lot and reseal. Re-stripe adding a handicapped spot as indicated in the rendering and approved by the city. Detailed project budget describing improvements to the property,with estimates. Window and Door Replacement $12,565 -BNT Windows and Doors Rear Awning for Patio $9,693 Ship Shape Awning Paver Patio $4,400 - Terra Pavers External Brick Facade $23,000 -MortonStones Signage $1,054 Total Estimated Cost of the Commercial Facade Improvement $50,713 We are requesting $25,000 Reimbursement Terra Tiles&Pavers(U-21546, 10PV16955R) 20283 State Rd 7 -Suite 315 Boca Raton, FL 33498 (561)482-8270 � ... . info@terraremodeling.com www.terrapavers.com ESTIMATE ADDRESS ESTIMATE# 8845 HERB TABIN 3 DATE 02/14/2018 126 W Boynton Beach Blvd EXPIRATION DATE 03/14/2018 Boynton Beach, A (561) 542-1334 .. ............ SALES PERSON JB ACTIVITY AMOUNT Paver Patio 4,400.00 PROPOSAL- PATIO - 700 sqft installed Patio Material: 770 sq. ft. of Grey Cement Pavers 2 3/8" (includes cuts &wastes) Shape/Color Field: any standard color from GEM Pavers , Pattern: any standard Steps/Risers: NO 1. Excavate/Remove Grass/Dirt from project area. 2. Deliver and grade about 3.5 of DOT ROCK and about 4 of concrete bedding sand to provide a level stable base. 3. Install about 700 sq. feet of pavers in proposed area per ICPI standards. 4. Wash in a special joint sand to stabilize pavers installation. 5. Reasonable jobsite cleanup included in pricing. Warranty: 1 year on labor. Pavers carry manufacturer's guarantee. Payment Schedule: 1/3 Down Payment 1/3 When material is delivered 1/3 Completion Payment ***OPTIONS & UPGRADES (NOT INCLUDED IN TOTAL PRICE)""" a. Upgrade to White Cement Pavers from GEM Pavers -Additional $250.00 b. Upgrade to White Cement Pavers from Tremron or Belgard Classic -Additional $450.00 c. Permitting: Actual City/County Cost+ Processing Fees & Expenses (if needed or requested by customer) 14 Date: Invoice# I no 02/22/2018 5667-C -;d on any= Iwo== `panic /Add ~ess: MORTON STONES Herb Tabin 126 W Boynton BRICK & STONE WALLS MADE EASY Beach Blvd Boynton Beach Florida. Description of work: Price: The estimate is for the following construction services: 1' 511,500.00 1, Installing thin brick veneers INTERIOR. Installation of the approximately 1000 sft of thin brick veneers (white washed bricks) in desired pattern. The joints are filled and over grouted with white gro .) Installing thin brick veneers XTERIOR. Installation of the approximate) 2000 sin rick veneers (white washed bricks) in desired X23,000.00 pattern. The joints are filled and concave tooled with bite grout.) White washing of the brick walls is included. Note: The quoted price includes the purchase of materials required for the job, (mortar, setting material, etc.) with delivery to the premises. Total: 533,500.00 Orto stones.LLC 1980 Sw 1271h Ave Davie, FL 33325. PHONE 786-355-3554 www.mortonstones.com Estimate Ship Shape Canvas And Awning-Interior and Estimate Number: EI80227136 Exterior Shade Solutions Estimate Date: 02/27/2018 Light House Point, F|33435 Payment Terms: Due On Office Phone: 954'4&0'B8O9 Receipt Mobile Phone: 5OI'4IO-273l Estimate Amount: 9'69344 jodishadeso|utiuns@gmaiiconn Created By: Jodi Roderick Bill To Ship To Herb Tabin Herb Tabin lZ6VKBoynton Beach Blvd, Boynton Beach, FL33435 warranty 1005 Bronze Frame Straight Valance Motor Location TBD 5 year manufacturers warranty on parts and rnotor Installation 1012 Roof Mount( Hip Roof-11/12 pitch) 1 year Service Warranty Aluminum Storage Hood 1017 1.00 1,437.00 X i 1,43T00 Roofhood Discount 1015 $1500.00 discount on Awning 100 2,00000 2,000.00 $500.00 discount on Storage hood Subtotal: $ y.092.O0 Palm Beach Rate: 7% Palm Beach Amount: 60I.44 Estimate Amount * 9,693.44 Herb Tabin SNT 126 W Boynton Beach Blvd Boynton Beach, Florida 33496 SERVICES (561) 542-1334 IMPACT WINDOWS&DOORS BNT SERVICES INC Estimate # 001037 1313 NW 65TH PLACE Date 02/01/2018 FT. LAUDERDALE, FL. 33309 Business /Tax # 80-0377969 Phone: +CELL (561) 923-5389 / OFFICE (9 54) 233-0126 Email: todd@bntserve.com Web: BNTWINDOWSANDDOORS.COM Description Total 710 Series Bronze Frames Grey Glass $0.00 H R 72X51 $1,135.00 Handicapped Door $4,500.00 H R 74X63 $1,340.00 HR 72X63 $1,340.00 750 SERIES FRENCH FULL GLASS GRAY $2,450.00 HR 74X52 $1,250.00 PERMIT, Etc $550.00 Subtotal $12,565.00 Total $12,565.00 Includes: Removal and disposal of existing windows, exterior weatherproofing, replacement of any stucco and/or drywall, sills, tiles etc. that may be damaged during installation Page 1 of 3 Material warranties from manufacturer. Labor Warranty from BNT Services Inc. (2 year) Does not include: Re-installation of any alarm contacts, painting interior or exterior Re-installation of existing blinds or window coverings Payment Schedule: 1/3 Deposit, 1/3 At Installation, and 1/3 at Final Inspection Page 2 of 3 By signing this document, the customer agrees to the services and conditions outlined in this document. Signed on: 02/01/2018 Herb Tabin Page 3 of 3 Signarama Delray Effeco,LLC 2905 S.Congress Ave, Suite E Delray Beach FL 33445 United States The way tt�grew your business. Phone:561-278-7446 Fax :561-278-6431 chris@signsdb.com http://www.signsdb.com Quote 3329 - New Business Signage Expiration Date : 03/16/2018 Quote for Contact Shi ngAnstall Herb Tabin Wakey Wakey Eggs&Bakey 126 W Boynton Beach Blvd Mobile :(561) 542-1334 Boynton Beach FL 33435 Email :herbtabin@gmail.com Address :126 W Boynton Beach Blvd ttt Boynton Beach FL 33435 Quote# Quote Date sales Rep Payment Terms PO POate 3329 03/01/2018 Michelle Laskowski Pymt with Order michelle@signsdb.com f Items # Item Qty Unit Price ".-rota,f Tax'". 1 ALUMINUM:Dibond 3mm with Vinyl Print 2 $367.50 $735.00 $51.45 W:5 ft.X 1-1:5 ft., Single Sided ! l Dibond 3mm- Full Color digital print with lamination Due to square shape of logo and the availability of substrate sizes, I went with the 5'x 5'on your wall. We could go larger and put 2 substrates together and cover with vinyl digital print so that you don't see the seam. 2 INSTALLATIOWSAR 1 $250.00 $250.00 $17.50 Single Sided r Installation to be scheduled. Screwed directly into wall 4 Note: If we go any larger, it will become a 2 man job for install and the price will go up a bit. 3 PERMIT:Administration-NON ELEC 1 ! $262.50 : $262.50 $18.38 Single Sided: Non Electrical Acquisition Charges- Includes Contractor Charges, Drawings, Paperwork, Photographs 4 PERMIT:City Charges 1 $157.50 $157.50 $0.00 Single Sided City Charges-This is an estimate-actual charges are passed through and over/under will be added or deducted on the final invoice. 5 PERMIT:Engineering 1 $236.25 $236.25 $16.54 Single Sided: Engineering-Wind load certification for signs. Requirement determined by your city/county. Emailed 03/01/2018 03:58 EST by ML Page 1 of 2 Total Sub Total Total Tax(%) Final Price $1,641.25 $103.37 (7.0%) $1,745.12 Downpayment(50.0%) $872.56 Terms And Conditions Invoices&Cancellation of Orders:Sign-A-Rama(Vendor)prepares your order according to your specifications.Therefore,prior to it's commencement,your order is only cancelable with the Vendor's prior written consent.After commencement of your order(the point at which materials are assembled and work has begun),your order is non-cancelable.The Customer is Solely Responsible for Proofreading Vendor does not assume any responsibility for the correctness of copy Therefore,you must review and sign a proof prior to our commencement of your order.By signing your proof,you approve of its content and release the Vendor to commence our work.You are solely responsible for the content of the proof once it has been signed.However,if we should make an error in producing the work as proofed,please be assured that we will redo the work as quickly as possible and without charge to you.Vendor's Liability Vendor's total liability is hereby expressly limited to the services indicated on the invoice and Vendor will not be liable for any subsequent damages,consequential damages,or otherwise.All dates promised on this invoice are approximations unless the word"firm"is written and acknowledged by the Vendor. Terms of Payment:Upon ordering,you must give Vendor a 50%deposit.Your balance will be due upon delivery and/or installation.Vendor may,at its sole discretion,extend credit terms to you upon approval.0 ollection Procedures:Invoices are considered delinquent thirty(30)days from the date that your order is completed.After the thirtieth day,a late charge of$25.00,together with interest accruing at the rate of 1.5%per annum,or the maximum rate allowable by law is assessed.You shall be liable for all costs related to collection of delinquent invoices,including court costs and attorney's fees.Customer's Acceptance of Work.Customer's acceptance,either personal or through his/her agent(s)and/or employee(s)of the work ordered shall be deemed as full acceptance.This means that by accepting delivery of the work,customer affirms that the work substantially conforms to all expectations.Lost or Substantially Forgotten Work:If customer does not take possession of completed work within thirty(30)days from notification of completion,then the work will be considered lost or forgotten,and vendor will not be responsible for further loss.Customer will be billed and responsible for payment for work that has been completed for HerbTabin Signature Date We agree to your terms and conditions. Please proceed with the order. Emailed 03/01/2018 03.58 EST by ML Page 2 of 2 P. i', I ��'�' �'�� III�I,I ��II�, 'I' � �, 3/6/2018 PAPA Maps Search by Owner,Addressor Parcel z �_ 1{ View Property Record Owners BEERCADE LLC - Property detail BOynt4kt Bzach F31V[I }D 71 i h t{t t! ml rSs4Y ) ¢ Itf (1} �b }Aj\ W FS 7ynit7n B23Cf1 BIVd 2 i 4 \ 126 W BOYNTON BEACH Location BLVD Municipality BOYNTON BEACH t F V Parcel No. 08434528100040050 Subdivision BOYNTON HGTS ADD REV PL IN Book 29233 Page 589 - Sale Date JUN-2017 7223 BALLANTRAECT } - Mailing - - Address BOCA RATON FL 33496 1423 Y� Use Type 1100-STORES i Total Square Feet 864 - s Sales Information } Sales Date Price -JUN-2017 380000 - - x NYY`1 t,Ave t N1fV '9stnAt IJUN-2017 10 aAPR-2016 10 DEC-2011 202000 JAN-2001 10 } J� 1 2 - Appraisals Tax Year 2017 Improvement Value $64,731 Land Value $178,043 Total Market Value $242,774 All values are as of January 1 seach year i 1 Assessed/Taxable values Tax Year 2017 ---_r— Assessed Value $242,774 �4ve, r Exemption Amount $0 WY'Dcea, Taxable Value $242 774 r 1 Taxes ; Tax Year 2017 Ad Valorem $5,184 C Non Ad Valorem $408 s- Total tax $5,592.{��, http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528100040050# 1/1 —N t ' (��U3is k r11t s _ r + rt�) r r � i of RIM RAN t�t1 u; + , �. NOW= (tiri(ht s�s r t tt�tt� tr i r(1�=s{+rirr � r )tf�4�st s stt s; ti rt S�tk i j - i t }1tt1t�ti Sett r r Yp 5 ` Boa � t� ?r,��'r,�,tl td y �,• L t tl trs 1� 6s I 11ttFs ' � - ii��l�rlsr�7kr Mfr r��Ft } 77 r st, r T 1 f. - ��f�r��i£kt�f}11 11a'r�t�71a,1„i t 7= fit ,r k i ��l`17 iti i 7 t yf r t O Sal}�15�t r}7 v � �i�t�>}kt117r ;j { rl7 r, v r 1 r 7 1 - - � { ti,t3',i a v �YYYt+1� ,Yli� P��,t +}t I Pr r+ �'r - 1 t fill gp ru fi� Irl�� §I 1t AW 72 y jyj 'I/kI/Ily!rtr lk��-�// RA T i c 4 i Vii a. i l i �iii;� - - I ir� t�s�t�ltt,4�� . '1,� t t r � i , } } 4 S��I( i t t tT•{�sgo }�1,•°`- t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 CONSENT AGENDA AGENDAITEM: 10.H. SUBJECT: Approval of Interior Build-Out Grant Program in the amount of $25,000 for Beercade, LLC located at 126 W. Boynton Beach Boulevard 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 Beercade, LLC who is the property owner and landord for Farm to Cone, LLC d/b/a Wakey Wakey Eggs & Bakey located at 126 W. Boynton Beach Boulevard, Boynton Beach, FL 33435. Wakey Wakey Eggs & Bakey is breakfast and lunch eatery dedicated to serving customers high-quality, crave-able egg-sandwiches. The eatery is on a mission to win the heart of their customers daily by offering a menu with fresh, made-from-scratch fare combined with compelling prices. As a restaurant with less than 50 seats, the applicant falls under the terms of a Tier I I business, as outlined in the grant application. The interior portion of the overall renovation project is approximately $53,050 based on the invoices provided as Attachment 11. 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$25,000. If approved, the applicant is entitled to a grant maximum of $25,000 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: $25,000 — FY 2017-18 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Interior Build-Out Grant not to exceed the maximum grant award of $25,000 to Beercade, LLC located at 126 W. Boynton Beach Boulevard, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I - Interior Build-Out Application D Attachment II - Invoices D Attachment III - Location Map D Attachment IV -Conceptual Design BOYNTON' '11,11,1111C M"Miw`BEA C H R A October 1, 2017 — September 30, 2018 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL INTERIOR BUILD-OUT GRANT PROGRAM Program Rules and Regulations 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[ r, 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 Incentive Funding 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. 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). • 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. t Initi ' Page 2 of 15 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 Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Interior Build-Out Grant Program: • Firearm Sales • Convenience Store • Religious Affiliated Retail Stores • Churches • Non Profits • Fitness Centers over 4,500 sq.ft. • Check Cashing Stores • Take-Out Foods • Adult Entertainment • Liquor Stores • Adult Arcades . Vapor Cigarette, E Cigarette Stores • Kava Tea Bars • Pawn Shops • Alcohol and/or Drug Rehabilitation • Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops • Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Grant Terms and Conditions 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 Business (Full-Service Restaurants Only) 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 spa in 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 Business 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 ® Clothing Boutique — clothing, shoes capacity under 50 & accessories • Gourmet Food Market • Bakery • Bed and Breakfast • Medical Offices • Marketing Offices • Accounting Offices • Law Offices ® Real Estate Offices • Fitness Center less than 4,500 sq.ft • Insurance Offices (no more than 2 approvals per fiscal . Florist (no more than 2 approvals year) per fiscal year) • Specialty Businesses— stationary, • Hair/Nail Salons (no more than 2 gifts, sporting goods 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 a,- 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. 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 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: 1. A 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. 2. 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. 3. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. 4. 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. 5. Resume for each principal/owner of the business. " 6. Copy of the corporate documents for the applying business entity. ` 7. Copy of executed multi-year commercial lease agreement. 8. Two years of corporate tax returns (for existing businesses only). ✓ Initials Page 6 of 15 r` i Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com 9. Two years of personal tax returns for the principal/owners of a new business. 10.Copy of design and construction plans associated with the proposed improvements. 11.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. 12.A minimum of four color digital "before" photos of the project. 13.Completed and signed application (attached). 14.Authorization to perform credit check for the business and each principal/owner of the business (attached). 15.W9 Form (attached). 16.City Planning and Development Department Acknowledgement Form (attached). 17.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. 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. 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, Initial Page 7 of 15 Interior Build-Out VVV 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. 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. 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, City o� ` Initial�''1''` 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. 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. Initials, Page 9 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 73�-3258 www.catchboynton.com f S BOYNTON t' C A APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable C-1 11-5, ii Current Business Addres Fed I D#: Business Phone Number: �� J Z ��FYx: 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: Square footage of current location: Square footage of new location: Type of Business: Number of Employees: Hours of Operation: 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 i BOYNTON 1� } CRA m,' ' BEACH APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: Email Residential Address: Cell Phone Nu -- 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistant under.anyother program offered by the CRA? (Tier One Businesses Only): Yes No If yes, what additional programs are you applying for: 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 BOYNTON ' CR BEACH A APPLICANT INFORMATION 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: �.'-J' �J � /✓ Landlord's Mailing Addr ,7- Landlord's PSI o e Number: 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 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 t' Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency a decline my application for any legal reason, including the reason that granting the award will of f ` Initial's 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 }+ BONTON F s, t S APPLICANT INFORMATION further the Community Redevelopment Plan. 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 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. r 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 i fY, in F„ l BOYNTON ',", BEACH "'11",CRA 11 i, APPLICANT INFORMATION APPLICANT SIGNATURES: Pri clpal/O -'s ignature Date rinted mom " Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF L9 Pr COUNTY OF BEFORE ME, an officer duly authorized by law to admi ister oaths and take acknowledgements, personally appeared ( 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 sea in the State and County aforesaid on this day of 20 O A PUBLIC My Commission Expires: t Y Bonnie Nicklien Page 14 of 15 Q ,NOTARY PUBLIC Interior Build-Out -'STATE OFFLORIDA 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -32 %e(5 "IM94 xpires 5/25/2021 www.catchboynton.com WTO1 1 BOYN N 4` BEACH iC LANDLORD INFORMATION LANDLORD SIGNATURES: 4 1. L ord's S,jgnature F Date 4 f -1/Lit ( l Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF (LID N- COUNTY OF BEFORE ME, an officer duly authorized by law to ad inister oaths and take acknowledgements, personally appeared f who is/are 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 and deed. IN WITNESS OF THE FOREGOING, i have set my hand and official seal in the State and County aforesaid on this 10 day of 20to - V.L-4A,A 1t N T U My Commission Expires: Bonnie Nicklien ��Y NOTARY PUBLIC STATE OF FLORIDA Comm#GG108394 Page 15 of 15 ®DQE Ici Expires 5/25/2021 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561) 737 -3258 www.catchboynton.com March 1, 2108 Boynton Beach CRA 710 North Federal Highway Boynton Beach, Florida 33435 Application For Commercial Interior Build Out Grant Program The Subject Property - 126 West Boynton Beach Blvd, Boynton Beach, Florida 33435 Located within the CRA District, the Property at 126 West Boynton Beach Blvd, is to go through an interior modification. The following detailed project budget describes all improvements to be done to the property. As the building is undergoing substantial changes, all interior designs are to be done in compliance with the City of Boynton Beach Building codes and regulations. The property has no known liens and as such we have submitted our check for $115 to perform a lien search, further we have executed a multi-year lease as well. We are a tier two business. Our credit score is 786 and our projected completion time is 75 days from start. Additionally,we have listed all project costs that we are requesting for reimbursement. The Building Interior. Description of Improvements. The interior of the building will require- LMold Remediation 2.Frame and Re-Drywall/Cement Board all walls 3.Electrical 4.Add new insulation 5.Plumbing 6.Carpentry 7.Paint. 8.Replace entire bathroom making it ADA compliant. 9.Replace the entire HVAC system and duct work. 10. Add brick facade on all interior walls. 11. New interior lighting. Detailed project budget describing improvements to the property,with estimates. Interior Brick Walls $11,500 MortonStones HVAC $15,000 Interior Remodeling Including Framing, Drywall, Electrical, Plumbing, Carpentry, Paint, Interior Lighting $26,500 America Remodeling Total Estimated cost of the interior project $53,000 We are requesting $25,000 Reimbursement Date: Invoice# 02/22/2018 5667-C mks Name/Addressx � Herb Tabin 126 W Boynton Im 0 R T 0 N S11b 11 1 fEE C101, BRICK & STONE WALLS MADE EASY Beach Blvd Boynton Beach Florida. Description of work: rice: The estimate is for the following gnstructior-,,, services: $11,500.00 1,Installing thin brick v eers INTERIOR. Installation of the approxim ely 1000 sft of brick veneers (white washed bricks) in wired pattern. The .oints are filled and over grouted with white grout.) Installing thin brick veneers EXTERIOR. Installation of the approximately 2000 sft of thin $23,000.00 rick veneers (white washed bricks) in desired pattern. The joints are filled and concave tooled with bite grout.) White washing of the brick walls is included. Note: The quoted price includes the purchase of materials required for the job, (mortar, setting material, etc.) with delivery to the premises. Total: $33,500.00 Ortonstones.LLC 1980 Sw 127th Ave Davie, FL 33325. PHONE 786-355-3554 www.mortonstones.com Annedc3Remodeling Inc. �� ^��` S44U8VV8th Street#122 - �N\C]D EL|N{� Boca Raton, FL 33428 J�eT(5G1) 843'3182 vmww.amarinaremodo|ing.00m K��~�� 8 KQ�� ADDRESS EST|MAJ'E# 1604 Herb Tabin DATE 02/27/2018 7223Bo||antraeCT EXPIRATION DATE 03/16/2018 Boca Raton, FL 33496 ___________ ............_________.........._______________.......... _......... ...................... ___________ ACTIVITY aTY RATE AMOUNT SCOPE {}FWORK _ L . Boynton Beach - FL -3343G ~--- ` C,lnterior1 21.550.0�OPEDFVVORK >BU|LO|NGREMODELING ' Build area 34.7x17.8x8f -�---- ---�~ >OEK8C)L|SH ' Demolish vvoUs, cei|ing, vanity. toi|et. A/C dunto, vvother heater, remove the insulation, doors, and walls framing, demolish part of the block wall for oomenoio| door. >FRAM|NG Build metal wall 3.5/8 16g (or 2x4) according 8mthe p|an, commercial door hame(whee|nhair) . build frame inthe opening wall inthe kitohen. Reinforce the ceiling trusses according 1nthe plan. >DHYVVALL - Install aluminum foil insulation in the exterior walls, and install insulation R-3Ointhe coi|ing, hang drywall, tape finish, skim coat smooth texture, ready for paint. >ELECT0C ' Build electric lines install outlets, relocate switch, create new electric lines inthe ceiling. (S Pendonts |ighta. 20 LEO lights according to the plan ). Install tank|esswater heater. >PLUMB ' Install counter sink, faucets garbage disposal inthe kitchen, vanity, toi|et, sink faucets in the bathroom, new water line for tank less. >CARPENTER ' Install pergo in the board nfthe Walls according to the plan, install exterior door and 2interior doors. and panel wood block, inthe rest ofthe wall. >PA|NT - 1 coat primer and 2coats paint inthe kitchen, ceilings, walls panel, bathroom and office. >EXTER|C)N PAINT 1 coat sealer and 2 coats paint. >Eatimateincluded labor and rough material. >Remove the trash out form the site work. Interior Work., 1 15.000.00 15,000.00 `SCOPEC)FWORK >|noto||aUun of new HVAC system >Endmateincluded labor and rough material. >Remnvethe trash out form the site work. AC TIVI Y MY RA VE AMOI 1._ Floor installation 1 5,000.00 5,000.00 SCOPE OF WORK -� >Installation of new flooring >Estimate included labor and rough material. >Remove the trash out form the site work. Exterior work 1 23,000.00 23,000.00 SCOPE OF WORK >Build concrete block walls surrounding patio and dumpster$10000 >Build a six foot wall $10000 >Parking lot sealing repair and re-striping $3000 >Estimate included labor and material >Remove the trash out from the site work Notes: -Any increase of work will increase this estimate -The estimate will be confirmed after the approval plans. PAYMENT TO BE MADE AS FOLLOWS TOTAL $649550.00 50%down payment when start the job,50%when the job is complete, regardless of any touch-ups.All extra work must to be paid in full after finish. America Remodeling will charge a fee of$50 for dishonored checks. In case of delinquency,customer agrees to pay all costs of collection, litigation,and attorney fees. PERMITS: Customer understands and agrees to obtain all necessary county or city permits required for the job.The cost of such permits will be charged to customer should America Remodeling be required to obtain these. Accepted By Accepted Date 3/6/2018 PAPA Maps Search by Owner,Addressor Parcel z �_ 1{ View Property Record Owners BEERCADE LLC - Property detail BOynt4kt Bzach F31V[I }D 71 i h t{t t! ml rSs4Y ) ¢ Itf (1} �b }Aj\ W FS 7ynit7n B23Cf1 BIVd 2 i 4 \ 126 W BOYNTON BEACH Location BLVD Municipality BOYNTON BEACH t F V Parcel No. 08434528100040050 Subdivision BOYNTON HGTS ADD REV PL IN Book 29233 Page 589 - Sale Date JUN-2017 7223 BALLANTRAECT } - Mailing - - Address BOCA RATON FL 33496 1423 Y� Use Type 1100-STORES i Total Square Feet 864 - s Sales Information } Sales Date Price -JUN-2017 380000 - - x NYY`1 t,Ave t N1fV '9stnAt IJUN-2017 10 aAPR-2016 10 DEC-2011 202000 JAN-2001 10 } J� 1 2 - Appraisals Tax Year 2017 Improvement Value $64,731 Land Value $178,043 Total Market Value $242,774 All values are as of January 1 seach year i 1 Assessed/Taxable values Tax Year 2017 ---_r— Assessed Value $242,774 �4ve, r Exemption Amount $0 WY'Dcea, Taxable Value $242 774 r 1 Taxes ; Tax Year 2017 Ad Valorem $5,184 C Non Ad Valorem $408 s- Total tax $5,592.{��, http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528100040050# 1/1 —N t ' (��U3is k r11t s _ r + rt�) r r � i of RIM RAN t�t1 u; + , �. NOW= (tiri(ht s�s r t tt�tt� tr i r(1�=s{+rirr � r )tf�4�st s stt s; ti rt S�tk i j - i t }1tt1t�ti Sett r r Yp 5 ` Boa � t� ?r,��'r,�,tl td y �,• L t tl trs 1� 6s I 11ttFs ' � - ii��l�rlsr�7kr Mfr r��Ft } 77 r st, r T 1 f. - ��f�r��i£kt�f}11 11a'r�t�71a,1„i t 7= fit ,r k i ��l`17 iti i 7 t yf r t O Sal}�15�t r}7 v � �i�t�>}kt117r ;j { rl7 r, v r 1 r 7 1 - - � { ti,t3',i a v �YYYt+1� ,Yli� P��,t +}t I Pr r+ �'r - 1 t fill gp ru fi� Irl�� §I 1t AW 72 y jyj 'I/kI/Ily!rtr lk��-�// RA T i c 4 i Vii a. i l i �iii;� - - I ir� t�s�t�ltt,4�� . '1,� t t r � i , } } 4 S��I( i t t tT•{�sgo }�1,•°`- t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 CONSENT AGENDA AGENDAITEM: 10.1. SUBJECT: Approval of Construction Permit Grant Program for Beercade, LLC located at 126 W. Boynton Beach Boulevard SUMMARY: The CRA's Commercial Construction Permit Grant Program is designed to assist new and existing businesses with permit costs associated with commercial renovation and/or new construction projects. Approved applicants are eligible for the reimbursement of building permit fees in the amount of 2.3% of the project's permitted valuation approved by the City of Boynton Beach. If the applicant's project costs exceed $250,000, an applicant is eligible for the reimbursement of an additional 1% of the permitted valuation with the a maximum grant limit of $66,000. The CRA has received a completed grant application from Beercade, LLC who is the property owner and Iandord for Farm to Cone, LLC d/b/a Wakey Wakey Eggs & Bakey located at 126 W. Boynton Beach Boulevard, Boynton Beach, FL 33435. Wakey Wakey Eggs & Bakey is breakfast and lunch eatery dedicated to serving customers high-quality, crave-able egg-sandwiches. The eatery is on a mission to win the heart of their customers daily by offering a menu with fresh, made-from-scratch fare combined with compelling prices. The estimated cost for the project is $100,000 which would allow a reimbursement of $2,300. Since the grant applicant has not received the building permit to date, the valuation of the project has not been determined by the City and Board approval would be required for any amount in excess of $100,000. Therefore, to facilitate the grant disbursement process, staff recommends a grant funding not to exceed $5,000 based on 2.3% of the project's maximum allowable cost of $250,000 to accommodate unforseen construction issues. Grant funding is not disbursed until the project is completed and the Certificate of Occupancy or Notice of Completion has been issued by the City of Boynton Beach and submitted to the CRA as part of their reimbursement request. FISCAL IMPACT: $5,000 — FY 2017-18 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Construction Permit Grant Program not to exceed $5,000 to Beercade, LLC located at 126 W. Boynton Beach Boulevard, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I - Permit Application D Attachment II - Location Map D Attachment III -Conceptual Design k) BOYNTO ' ", wavBE 4 �,,,CRA October 1, 2017 — September 30, 2018 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL CONSTRUCTION PERMIT GRANT PROGRAM Program Rules and Regulations The Commercial Construction Permit 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 through the reimbursement of permit costs associated with the substantial renovation of an existing commercial property or new construction of a commercial project. The CRA reserves the right to approve or deny any Commercial Construction Permit 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 Construction Permit Grant Program offers financial assistance in the form of a reimbursable grant to property owners/tenants with the cost of permit fee expenses up to 3.3% of the project's construction value. Commercial Construction Permit Grant Program awards grant funding amounts based -'"..v..... on a percentage of the project's construction value as it appears on the Palm Beach Initial Page 1 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737 -3256 Fax (561) 37-3258 www.catchboynton.com County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach at the time of permit approval. See the attached copy of the City of Boynton Beach Building Division Fee Schedule for more information on fees. • Projects valued between $1 and $249,999 are eligible for grant reimbursement up to 2.3% of the project's construction value. • Projects valued between $250,000 and $4,000,000 are eligible for grant reimbursement up to 3.3% of the project's construction value, with maximum grant funding of$66,000. 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). • Applications for the Commercial Construction Permit Grant Program must be made within 90 days of final permit approval by the City of Boynton Beach. • The property owner or tenant must submit for reimbursement within 30 days of the issuance of the Certificate of Occupancy/Completion from the City of Boynton Beach. • 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 2 of 13 r. Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737 -3256 Fax (561) 7 7'-32 8 www.catchboynton.com Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Construction Permit Grant Program: • Firearm Sales • Convenience Store • Religious Affiliated Retail Stores • Churches • Non Profits • Fitness Centers over 4,500 sq.ft. • Check Cashing Stores • Take-Out Foods • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Kava Tea Bars • Pawn Shops • Alcohol and/or Drug Rehabilitation • Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops • Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District 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. Mitia'sem_ Page 3 of 13 � I Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737 -3256 Fax(561 737-3258 www.catchboynton.com 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 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-served basis. Application packets must include the following documentation: 1. 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. 2. Copy of executed multi-year commercial lease agreement. 3. A minimum of four color digital "before" photos of the project. 4. Completed and signed application (attached). 5. Copy of elevations, site plan and floor plans as submitted to the City of Boynton Beach. 6. W9 Form (attached). 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. 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'.,--" Initials' , Page 4 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax (561) 737-3258 www.catchboynton.com 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 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 and a Certificate of Occupancy or Completion is obtained, the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Copies of all permit fee receipts paid to the City of Boynton Beach. 2. Copy of Certificate of Occupancy or Completion from the City of Boynton Beach. 3. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 4. Copy of City of Boynton Beach and Palm Beach County business tax receipt. 5. 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 Construction Permit Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. Initial �i'f Page 5 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737 -3256 Fax (561) 737-3258 www.catchboynton.com 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. 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. Initial4' r Page 6 of 13 T Construction Permit y 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737 -3256 Fax(561) 7 32'8 www.catchboynton.com � BOYNTON " V� MW"'W' MW ��fV C RA APPLICANT INFORMATION BUSINESS INFORMATION: Business me d/ a if applica le): k de Current Business Address: C L Fed ID#:_ Business Phone Number: 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: Square footage of current location: Square footage of new location: Type of Business: Number of Employees: Hours of Operation: Page 7 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737 -3256 Fax (561) 737-3258 www.catchboynton.com BOYNTON'" 9 CRA BEACK.,", APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: /'�J�✓%� Date of Birth: L Email: C. •C Residential Add ess: Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 8 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone(561) 737 -3256 Fax (561)737-3258 www.catchboynton.com t BOYNTO SEACH APPLICANT INFORMATION Are you applying for grant assistantunde�ny other program offered by the CRA? (Tier One Businesses Only): Yes N If yes, what additional programs are you applying for: 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: �� Landlord's Mailing Address: 't,'2 �/' Landlord's Phone Number: 7. Page 9 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737 -3256 Fax (561) 737-3258 www.catchboynton.com t i BOYNTON ! "' CRA mamBEACH APPLICANT INFORMATION 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 Construction Permit Grant 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 Construction Permit 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 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. Initial' Page 10 of 13 �. Construction Permittr" 710 North Federal Highway, Boynton Beach, FL 33435-Phone(561)737-3256 Fax (561)2737-3258 www.catchboynton.com BOY,,,,, NTON , BEACKc A ;t APPLICANT INFORMATION 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. 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 11 of 13 Construction Permit { ) 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737 -3256 Fax (561) 737-3258 www.catchboynton.com f BOYNTON 1'."" +mawBEACH11q S I`t` ,CRA APPLICANT INFORMATION APPLICANTS GNAT ,R S-- Pr' -1 . 1/0 's ign ure ,, ate " 3 e- tom,` Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to PrincipallOwner's Signatures - Multiple notary pages may be used if signing individually STATE OF VN— COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared I 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 _ 20_Ab__. Vom"I'mission BLIC Bonnie Nicklien NOTARY PUBLIC Page 12 of 13 -+STATE OF FLORIDA Construction Permit Comm#GG108394 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax �7-2 /25/2021 www.catchboynton.com 1 \ BOYNTON MM1WWBEACH ,',,CRA LANDLORD INFORMATION LANDILOR0 StGNATURES-- Lodlord'si nature a Printed N me Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures -Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to admin'ster oaths and take acknowledgements, personally appeared L C 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 VA&V-64A- 2 0 A-20 N Y PUBLIC My Commission Expires: Bonnie Niddien NOTARY PUBLIC Page 13 of 13 -+STATE OF FLORIDA Construction Permit Comrn#GG1o8394 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax(561)737M586`2021 www.catchboynton.com 3/6/2018 PAPA Maps Search by Owner,Addressor Parcel z �_ 1{ View Property Record Owners BEERCADE LLC - Property detail BOynt4kt Bzach F31V[I }D 71 i h t{t t! ml rSs4Y ) ¢ Itf (1} �b }Aj\ W FS 7ynit7n B23Cf1 BIVd 2 i 4 \ 126 W BOYNTON BEACH Location BLVD Municipality BOYNTON BEACH t F V Parcel No. 08434528100040050 Subdivision BOYNTON HGTS ADD REV PL IN Book 29233 Page 589 - Sale Date JUN-2017 7223 BALLANTRAECT } - Mailing - - Address BOCA RATON FL 33496 1423 Y� Use Type 1100-STORES i Total Square Feet 864 - s Sales Information } Sales Date Price -JUN-2017 380000 - - x NYY`1 t,Ave t N1fV '9stnAt IJUN-2017 10 aAPR-2016 10 DEC-2011 202000 JAN-2001 10 } J� 1 2 - Appraisals Tax Year 2017 Improvement Value $64,731 Land Value $178,043 Total Market Value $242,774 All values are as of January 1 seach year i 1 Assessed/Taxable values Tax Year 2017 ---_r— Assessed Value $242,774 �4ve, r Exemption Amount $0 WY'Dcea, Taxable Value $242 774 r 1 Taxes ; Tax Year 2017 Ad Valorem $5,184 C Non Ad Valorem $408 s- Total tax $5,592.{��, http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528100040050# 1/1 —N t ' (��U3is k r11t s _ r + rt�) r r � i of RIM RAN t�t1 u; + , �. NOW= (tiri(ht s�s r t tt�tt� tr i r(1�=s{+rirr � r )tf�4�st s stt s; ti rt S�tk i j - i t }1tt1t�ti Sett r r Yp 5 ` Boa � t� ?r,��'r,�,tl td y �,• L t tl trs 1� 6s I 11ttFs ' � - ii��l�rlsr�7kr Mfr r��Ft } 77 r st, r T 1 f. - ��f�r��i£kt�f}11 11a'r�t�71a,1„i t 7= fit ,r k i ��l`17 iti i 7 t yf r t O Sal}�15�t r}7 v � �i�t�>}kt117r ;j { rl7 r, v r 1 r 7 1 - - � { ti,t3',i a v �YYYt+1� ,Yli� P��,t +}t I Pr r+ �'r - 1 t fill gp ru fi� Irl�� §I 1t AW 72 y jyj 'I/kI/Ily!rtr lk��-�// RA T i c 4 i Vii a. i l i �iii;� - - I ir� t�s�t�ltt,4�� . '1,� t t r � i , } } 4 S��I( i t t tT•{�sgo }�1,•°`- t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 OLD BUSINESS AGENDAITEM: 13.A. SUBJECT: Consideration of Purchase and Sale Agreement with the Boynton Beach Congregational United Church of Christ, I nc. for the property located at 115 N. Federal Highway. SUMMARY: CRA staff has long acknowledged that the property located at 115 N. Federal Highway and the associated property located at 501 NE 1st Avenue as important components in the future redevelopment of the downtown core (see Attachment 1). Adding to the appeal is the City owned parking lot parcel adjacent to the 501 NE 1 st Avenue property. The subject property is located within the Downtown District of the CRA Redevelopment Plan, lies within the Central Business District (CBD) zoning category as well as the Transit Oriented Development (TOD) area and the Mixed Use High land use designation (see Attachment 11). CRA staff has been in contact and discussion with several representatives of the property regarding the CRA's interest in acquisition of the site. This property could be considered for a variety of redevelopment purposes including but not limited to a future downtown parking garage with commercial frontage, mixed-use development project or other use as determined by the Board. At their February 13, 2018 meeting, the CRA Board approved providing the Executive Director the authority to continue negotiations with the property Owner on behalf of the CRA and to bring back a Purchase and Sale Agreement for the Board's review and consideration. As directed, the two negotiating parties have come to terms within their limits of authority and drafted a Purchase and Sale Agreement that has been reviewed by CRA legal counsel (see Attachment 111). The key terms of the Agreement are as follows: Purchase $3,000,000 Price: Closing Sixty(60)days from the Effective Date Date: Post The terms of the Post Occupancy Agreement, Exhibit A of the contract, would Occupancy: allow the Seller the ability to occupy the building after closing until December 15, 2018 or earlier. The Seller would pay the CRA$10 as consideration during the Post Occupancy term, provide general liability coverage naming the CRA as additional insured, and be financially responsible for payment of all utility expenses and any repairs up to but not to exceed $20,000. CRA staff had a property appraisal performed by Vance Real Estate Services which determined market value to be $2,539,000. The CRA had the City owned parcels located in the Town Square project area with lower density and height restriction appraised in February 2018 by Valbridge Property Advisors. Using valuation analysis from this appraisal applied to the subject property supports a valuation of $2,800,000-$2,900,000. The Seller has provided a valid Broker's Opinion of Value performed by the brokerage firm of Anderson & Carr, Inc. in November 2017, who valued the subject property at$2,800,000 (see Attachments I V-V I). FISCAL IMPACT: Identified funding in the unreserved General Fund balance. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan— Downtown District CRA BOARD OPTIONS: 1. Approve the Purchase and Sale Agreement with the Boynton Beach Congregational United Church of Christ, Inc. in the amount of $3,000,000 for the property located at 115 N. Federal Highway as presented. 2. Do not approve the Purchase and Sale Agreement with the Boynton Beach Congregational United Church of Christ, Inc. in the amount of $3,000,000 for the property located at 115 N. Federal Highway. 3. The CRA Board may consider and approve an alternate price, terms, and conditions. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II - Mixed Use Land Designation (Excerpt from CRA Plan) D Attachment III - Purchase & Sale Agreement D Attachment IV -Vance RE Services Appraisal D Attachment V -Valbridge Property Advisors -Town Square D Attachment VI -Anderson Carr Broker Opinion of Value 'd ,. uj 'm It t" k , L � � h —� �` >�, p,�I�A�pA��TVA• y t ' ' � s��t�l,:' <\t f5 A4wt'u.�}� fl� .. �+ :x�.f i.,� �� ^�•J - LL t � 3 � v z 1. Go I � � yV i7}la t Y t, s i F Y il+. 'lits l rv. zq ;7,, SJ, rye rLi ar, is v�r � 1 nrt ry; xr� n `.1 hg, - „ � "4 f t s ns is 60 - 0 2 u L "' C fur iJ,: If. �. b , �. ca 0 m EL ad ca 02d u Rcornrnen ions: Land Use To attract new residents and businesses, the area must present a unified vision for the future. Therefore, it is recommended that the changes to the Future Land Use map be made using the new future land use/ zoning structure as shown: Table 5: Recommended Future Land Use (FLU)Classifications within the Downtown District ' CORRESPONDING ThLAND USE DENSITYZONI G CAP* HEIGHT High Density 15 R-4, IPUD, PUD 15 45' Residential Mixed-Use 50 MU-2 4 Medium Mixed-Use High 80 MU-4*" 60 100, \r MU Gore gg 159 i; General Commercial nla G-4 n1a 45' ('?r In ustrial n1a M-'I n/a fib' Recreation Na Recreation n/a 45' Properties located within the TOD may recieve a 25%density bonus r rf MU- High t � 80 du/ac(Zoning NIU-Core) Max height 150' RUN • TCD Density Bonus --------------------- Commercial ®®®-d®_Commercial uses required to front Federal Hwy 50"Base Maximum ,,. 01 MU- Med ®®®®®®-_®-®®®®®®-®-®® 40-50 du/ac Max height: B5'-75' TOD Bonuses(height/density) Commercial uses required to front Wt Federal Hwy Building frontage required on SE 411 Street Max 4 stories on SE 411 street Figure 42: Cultural District Example Projects 1 t I � 00.., 0 'o , i 0. , l I �� L �«� yl ,f, zt14 }Is1 I �sf I fip 1 y4 171 8y' I�ff 1W4- F - 4 lAte, r JIM fg I {{ � F � h W ow L`Heruswy#esadlxEllial dl[11kr:1 d,OM. s ,hs.Jmrra Uarevey JmfeOusl{rv:4D )11 wla+:;: - lailh rar m�iv R-1-IMM PHM,I,J.1— ptocGpa Idagh leamsity PtitSidfbtiflM 461IDR)'{Id k.1t I-ishum6-1{PPG9a * • tj' u^� L'- 'YS a V, Loral Retail i,smmoroial ILRCJ xarlaral C�onma3'rd§I P�Cr i��! 1f,I Q1� ,�t � Jy }} I 1 - ' mIxoaw Use Low PAII l err Oalac lLir»t§e1 41st hikxJau57w dfldLrkl9}60 ww?a>:• am-ed usa I llgh(Mul d)W wh,UaE POD i 1, mlu Figure 43: Recommended Land Use for the Downtown District 7 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, having an address of 710 North Federal Highway, Boynton Beach, FL 33435 (hereinafter "PURCHASER") and Boynton Beach Congregational United Church of Christ, Inc., having an address of 115 N. Federal Highway, Boynton Beach, FL 33435 (hereinafter "SELLER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located in Palm Beach County, Florida (the "Properties") and more particularly described as follows: Lots 1, 2, 3, 4, 5, 6 and 7, Block 6, ORIGINAL TOWN OF BOYNTON, a subdivision of the City of Boynton Beach, Florida, according to the plat thereof on file in the Office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 23 excepting therefrom the North 5' of Lots 5 and 7, and the West 5' of Lot 7, and existing right-of-way for U.S. Highway #1; together with buildings and improvements located thereon; and Lots 10, 11 and West% of Lot 12, Block 1, ORIGINAL TOWN OF BOYNTON, a subdivision of the City of Boynton Beach, Florida, according to the plat thereof on file in the Office of the Circuit Court recorded in Plat Book 1, page 23, Public Records of Palm Beach County, Florida. Parcel Control Number: 08-43-45-28-03-006-0010 08-43-45-28-03-001-0100 Property Address: 115 N. Federal Highway, Boynton Beach, FL 33435 and 501 NE 1st Avenue, Boynton Beach, FL 33435 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Three Million and 00/100 Dollars ($3,000,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. This contract is contingent on the Property appraising for not less than the Purchase Price. PURCHASER shall, at PURCHAER's expense, cause to have prepared an appraisal of the Property by an MAI appraiser conforming to the requirements of the Uniform Standards of Professional Appraisal Practice. Should the Property appraise for less than the Purchase Price this Agreement shall automatically terminate and PURCHASER's deposit shall be refunded. 00935063-1 Purchase and Sale Agreement Page 2 of 18 3. DEPOSIT. 3.1 Earnest Money Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis, Longman & Walker, PA ("Escrow Agent") a deposit in the amount of Twenty Five Thousand and 00/100 Dollars ($25,000.00) the "Deposit"). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in Section 12. 3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The effective date of the Purchase Agreement is the date that the Escrow Agent receives the Escrow Deposit and Escrow Agent executes the Agreement, however, not later than five (5) days after the date of CRA Board approval or SELLER shall have the option to terminate this Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before May 15, 2018, (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Special Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real 00935063-1 Purchase and Sale Agreement Page 3 of 18 estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have thirty (30) days from the Effective Date of this Agreement ("Feasibility Period"), at PURCHASER's expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER's sole and absolute discretion, to terminate this contract and receive back all deposits hereunder. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER's testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER's investigation of the Property. However, PURCHASER's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services directly authorized by SELLER in writing.. PURCHASER'S AND SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Title Review. Within fifteen (15) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER's expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller's proceeds, only with the preapproval of SELLER. 00935063-1 Purchase and Sale Agreement Page 4 of 18 PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "Title Objections"). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER's sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the title as it then is, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.2. Survey Review. Within twenty( 20 ) days of the Effective Date, PURCHASER, at PURCHASER's expense, shall order a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections and PURCHASER shall deliver written notice to SELLER no later than fifteen (15) days prior to closing notifying SELLER of any objections PURCHASER has to the Survey. 7.3 SELLER Deliveries. SELLER shall deliver to PURCHASER the following documents and instruments in SELLER's possession or control, if any, within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER's possession or control with respect to the physical condition or operation of the Property, if any. 00935063-1 Purchase and Sale Agreement Page 5 of 18 7.3.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, in SELLER's possession or control, if any. 7.3.3 SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances, or licenses. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 8.1. Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4. Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the PURCHASER at time of closing subject to terms of the Post Occupancy Agreement attached hereto as 'Exhibit A". 9. CLOSING DOCUMENTS. The PURCHASER, at its sole cost and expense, shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1. Deed. A Special Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 00935063-1 Purchase and Sale Agreement Page 6 of 18 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER and the existing tenants under the existing leases. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing, once prior approval is obtained from the SELLER. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to PURCHASER. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector's Office. 10.3. Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 00935063-1 Purchase and Sale Agreement Page 7 of 18 10.4. Closing Costs. SELLER shall be responsible for all documentary stamps on the deed, recording of the deed. PURCHASER is responsible for acquiring the Owner's Title Policy, all general closing expenses, and their own legal fees. All other costs of closing shall be borne by PURCHASER. 10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, 00935063-1 Purchase and Sale Agreement Page 8 of 18 indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not, between the date of this Agreement, and the Closing take any action to terminate or materially, amend or alter any existing leases presently in existence, without the prior consent of PURCHASER, which consent shall not be unreasonably withheld or delayed. 11.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the Feasibility Period to the Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). 00935063-1 Purchase and Sale Agreement Page 9 of 18 11.9 SELLER represents to PURCHASER that the Property is not subject to any deed restrictions or declaration of restrictions running with the Property which would affect the use of the Property except those constituting Permitted Exceptions as defined above. 11.10 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.11 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 11.13 Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER'S information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.13.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.13.3 To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 00935063-1 Purchase and Sale Agreement Page 10 of 18 12. DEFAULT. 12.1. PURCHASER's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 12.2. Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) business days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this section shall survive the termination of this Agreement. 00935063-1 Purchase and Sale Agreement Page 11 of 18 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Frederick W. Birdsall, Moderator 1003 SW 6th Avenue Boynton Beach, FL 33426 If to Purchaser: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 515 North Flagler Drive Suite 1500 West Palm Beach, FL 33401 Paul Finke, Chairman of the Board of Trustees 1320 SW 25th Way Boynton Beach, FL 33426 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 15. BROKER FEES. The SELLER and PURCHASER hereby state that they have not dealt with a real estate broker in connection with the transaction contemplated by this Agreement and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. PURCHASER shall indemnify, 00935063-1 Purchase and Sale Agreement Page 12 of 18 defend and hold harmless the SELLER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by PURCHASER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CONDITIONS. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER'S knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER'S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a 00935063-1 Purchase and Sale Agreement Page 13 of 18 public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged documents into the court 18. MISCELLANEOUS. 18.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District of Florida. 18.2. Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 18.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 18.4. Construction of Agreement. The Parties to this Agreement have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. 00935063-1 Purchase and Sale Agreement Page 14 of 18 Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 18.5. Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 18.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, both parties shall be responsible for their own attorney's fees and costs. 18.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has 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. 18.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 18.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER'S Property Deed and PURCHASER's possession of the Property. 18.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. SIGNATURES ON FOLLOWING PAGE 00935063-1 Purchase and Sale Agreement Page 15 of 18 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY Boynton Beach Congregational United Church REDEVELOPMENT AGENCY of Christ, Inc. Printed Name: Steven B. Grant Printed Name: Frederick W. Birdsall Title: Chair Title: Moderator Date: Date: WITNESS: WITNESS: Printed Name: Printed Name: WITNESS: WITNESS: Printed Name: Printed Name: ESCROW AGENT Lewis, Longman & Walker, P.A. Printed Name: Date: 00935063-1 Purchase and Sale Agreement Page 16 of 18 EXIHIBT "A" POST-CLOSING OCCUPANCY AGREEMENT THIS AGREEMENT is made and entered into as of the _ day of 12018, by and between BOYNTON BEACH CONGREGATIONAL UNITED CHURCH OF CHRIST, INC. ("Seller"), whose address is 115 N. Federal Highway, Boynton Beach, FL 33435 and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("Buyer"), whose address is 710 N. Federal Highway, Boynton Beach, FL 33435. WITNESSETH: WHEREAS, Seller has agreed to sell and Buyer has agreed to purchase the premises described on the attached Exhibit "A" ("Premises"), in accordance with the provisions of that certain Purchase and Sale Agreement between Seller and Buyer, dated 2018, ("Agreement"); and WHEREAS, Seller has requested that Buyer grant Seller permission to remain in possession of the Premises from and after the closing under the Agreement ("Closing"); and WHEREAS, Buyer has agreed to permit Seller to remain in possession of the Premises upon certain terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing premises, the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Buyer hereby grants Seller permission to remain in possession of the Premises until on or before December 15, 2018, ("Vacate Date"), upon the following terms and conditions: A. For Seller's use and occupancy of the Premises from and after Closing, Seller shall pay to Buyer an amount equal to Ten Dollars ($10.00) a month or any partial month that Seller occupies the premises. B. Seller shall remain responsible for all costs and expenses of and for the Premises from and after Closing until Seller vacates the Premises for water, electric, gas, trash, sewer, telephone, cable television and any and all other utilities serving the Premises. C. Seller shall maintain hazard and general liability insurance coverage in amount acceptable to Buyer, insuring the Premises and naming Buyer as an additional insured. D. Seller shall indemnify, defend and hold Buyer harmless from and against any and all damages and liabilities in connection with, arising from or caused by the use or occupation of the Premises by Seller from and after Closing up until and including the Vacate Date. 00935063-1 Purchase and Sale Agreement Page 17 of 18 E. At Seller's sole cost and expense, Seller shall maintain in good working order, condition and repair the Premises including, but not limited to, the interior and exterior of the residence, all mechanical equipment including air conditioning, and the lawn and landscaping, including pest control, and Seller shall deliver the Premises to Buyer in the same condition as the Premises are in as of Closing, ordinary wear and tear excepted. The Parties agree that total maintenance expenses paid by Selling during the Occupancy Period shall not exceed Twenty Thousand Dollars ($20,000.00). F. Should Seller fail to vacate the Premises by the Vacate Date, Buyer may institute summary proceedings under Chapter 83, Florida Statutes, as if Buyer were a landlord and Seller a tenant in possession of Buyer's dwelling unit or such other appropriate proceedings at law or in equity, as Buyer may elect, against Seller to recover possession of the Premises, without waiving or releasing any other claims, rights or remedies Buyer may have against Seller. G. If Seller fails to vacate the Premises by the Vacate Date, Buyer shall be entitled to, and Seller shall pay to Buyer, liquidated and agreed upon damages in the amount of Fifty Dollars ($50.00) per day for each and every day (including any portion thereof) that Seller remains in possession of the Premises on and after the Vacate Date. This provision for liquidated and agreed upon damages is a bona fide provision and is not a penalty, the parties agreeing that by reason of Seller's failure to vacate the Premises by the Vacate Date, Buyer's plans for moving and other business arrangements will be adversely affected, and Buyer will have sustained damages thereby, but will not be capable of determination with precision and, therefore, this provision for liquidated and agreed upon damages has been incorporated into this Agreement as a provision beneficial to both parties. H. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, executors, administrators, successors and assigns. Seller shall not assign, transfer or delegate any of Seller's rights or obligations under this Agreement. I. This Agreement constitutes the entire understanding among the parties, and shall not be modified except in a writing signed by all the parties. This Agreement shall supersede all prior understandings among the parties with respect to the subject matter of this Agreement. J. If any provision of this Agreement is determined to be legally invalid, inoperative or unenforceable, only that particular provision shall be affected and such determination shall have no effect whatsoever on any other provision of this Agreement, and all other provisions of this Agreement shall remain in full force and effect and shall be fully enforceable. K. No delay or failure to exercise any remedy or right occurring upon any 00935063-1 Purchase and Sale Agreement Page 18 of 18 default shall be construed as a waiver of such remedy or right, or acquiescence in such default, nor shall it affect any subsequent default of the same or a different nature. L. In any litigation arising out of or in connection with this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs, including, but not limited to, such fees and costs in bankruptcy and through and including all post-judgment and appellate proceedings. M. The parties agree that each shall, at any time, and from time to time, upon written request from the other, execute, acknowledge and deliver any and all such further documents and instruments, and shall do such acts, as may be reasonably requested by such party in order to fully effectuate the purposes and provisions of this Agreement and the consummation of the transactions contemplated by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY Boynton Beach Congregational United Church REDEVELOPMENT AGENCY of Christ, Inc. Printed Name: Steven B. Grant Printed Name: Frederick W. Birdsall Title: Chair Title: Moderator Date: Date: WITNESS: WITNESS: Printed Name: Printed Name: WITNESS: WITNESS: Printed Name: Printed Name: 00935063-1 APPRAISAL REPORT COMMERCIAL PROPERTY 115 NORTH FEDERAL HIGHWAY 501 NORTHEAST 1 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 February 26, 2018 Vance Real Estate Service sf, February 26,2018 Boynton Beach Community Redevelopment Agency � �`�`}�' 710 North Federal Highway Boynton Beach, FL 33435 - i i RE: Commercial property, 115 North Federal Highway and 501 NE 1 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 February 26, 2018. 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 2018-2019). This report is for exclusive use of the client for possible acquisition. ! 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. TWO MILLION FIVE HUNDRED THIRTY-NINE THOUSAND DOLLARS $2,539,000 I (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT KITH SIXTY-THREE (63) NUMBERED PAGES FOR THE VAL UE 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 Photographs o the Subject ect Property 5 Subject aerial views 6 1-3-5 Mile Location Map 8 1-3-5 Mile Demographic Statistics 9 Summary of Important Facts and Conclusions 11 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 13 Legal Description 13 Real Estate Tax Analysis 14 Market Area Description 15 Zoning 20 Site Description 20 Improvement Description 22 Real Property Interest Appraised 23 Appraisal Purpose and Definition of Market Value 23 Effective Dates of the Appraisal and Report 24 Scope of the Work 24 Summary of Information Considered 25 Property History 25 Highest and Best Use 26 SALES COMPARISON APPROACH-LAND VALUATION 30 Land Sales es map 32 Land Sales documentation 33 Land Sales Comparison and Adjustment Chart 41 Valuation by the Sales Comparison Approach 42 FINAL VALUE OPINION 46 Certification and Limiting Conditions 47 ADDENDA 49 Acquiring Deed of Appraised Property 50 "CBD" zoning information 51 USPAP Standards Rule 2-2a 53 Qualifications of the Appraisers 55 INTRODUCTION i wE�AE;C�, v of pal J,"Mill 7� a A . I 3 5 SUBJECT CHURCH @ 115 N.Federal Highway,Boynton Beach,FL Subject Vacant Land fF,. Looking N. @ Parking Lot from NE 1 Avenue Looking NE @ Parking Lot n lR7, i IM VAR a w' Looking West on NE 1 Avenue PHOTOS OF THE VALUED PROPERTY& ENVIRONS 5 Y Y t Y 'a' w �N1v + I TT i Y;, l yy X 1 § £1 (IS# ilk s q� OY `ti S 1 }1 1 1£� rtI 2 i 1, Ii s 1 03 4 X37' 1717 W u Y All 1 ;SPO All uCs ip�rww +sa+�i _ t l�.,�P s ti t a� 1ilr r� d S�s�� ttl QI {w r — �I p A s. � i � � t i{�' t•' Pj I AR O ' d � a ryi � t � r r �� '� � '• ��". h t alt f?1f 11�I �f {�. NU �� S1A1�5tis1 _ �� 9 rff a i s ti'3! i FSI f� � I ori W p�f i tit i4 A '� �� i i El �e14 f Vy� m % S{lommlNN,4 U1At�r. rr nii 4s _ .{{ 41 kdAw vi a{ ,x,: s IN""p, } r, tw{ 4i�,, :aa�r aa4r�n, prrr�e rt"ldrE4uti ix{ -4as{44 t{�{u,{�. a,�{C t�.e viii„ ��ita� 4 k � ',< 14 o,o , Iv 1 ,,,w h,r4 fit. w{v�Yrrs, , a' It a K610 { Ip35 M <nin G<nw �� 4 p,1(5 ,� �P&W ilio IF h 7Z Wl kp u, 4 ,y ti �4 �i A 1 I 'i�\S RC w4fil}, `i�4� srty� & O4R�" iY I fir¢, � ma�ir "m u ` Q o-i{iuY w i' ,t41 �4 4 d � r{, 1-3-5 MILE RADII FROM THE VALUED REAL ESTATE 501 NE "t venue Boynton c Florida a i A. fANCE I 8 • Gesn" 501 NE 1st Ave, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 11,254 64,271 151,962 2010 Population 11,546 72,081 167,854 2017 Population 13,723 79,525 181,529 2022 Population 15,101 84,910 192,159 2000-2010 Annual Rate 0.26% 1.15% 1.00% 2010-2017 Annual Rate 2.41% 1.36% 1.09% 2017-2022 Annual Rate 1.93% 1.32% 1.14% 2017 Male Population 49.4% 47.8% 47.7% 2017 Female Population 50.6% 52.2% 52.3% 2017 Median Age 43.0 44.1 46.7 In the identified area, the current year population is 181,529. In 2010, the Census count in the area was 167,854. The rate of change since 2010 was 1.09% annually.The five-year projection for the population in the area is 192,159 representing a change of 1.14% annually from 2017 to 2022. Currently, the population is 47.7% male and 52.3%female. Median Age The median age in this area is 43.0, compared to U.S. median age of 38.2. Race and!Ethnicity 2017 White Alone 50.4% 60.2% 65.4% 2017 Black Alone 42.8% 31.7% 26.0% 2017 American Indian/Alaska Native Alone 0.3% 0.3% 0.3% 2017 Asian Alone 1.1% 1.7% 2.1% 2017 Pacific Islander Alone 0.0% 0.0% 0.0% 2017 Other Race 2.9% 3.4% 3.6% 2017 Two or More Races 2.5% 2.6% 2.5% 2017 Hispanic Origin (Any Race) 13.5% 16.2% 16.8% Persons of Hispanic origin represent 16.8% 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 64.3 in the identified area, compared to 64.0 for the U.S. as a whole. Households 2000 Households 4,501 27,992 66,524 2010 Households 4,676 31,001 72,520 2017 Total Households 5,635 34,184 78,050 2022 Total Households 6,222 36,474 82,418 2000-2010 Annual Rate 0.38% 1.03% 0.87% 2010-2017 Annual Rate 2.61% 1.36% 1.02% 2017-2022 Annual Rate 2.00% 1.31% 1.10% 2017 Average Household Size 2.43 2.29 2.30 The household count in this area has changed from 72,520 in 2010 to 78,050 in the current year, a change of 1.02% annually. The five-year projection of households is 82,418, a change of 1.10% annually from the current year total. Average household size is currently 2.30, compared to 2.29 in the year 2010.The number of families in the current year is 44,729 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 2017 and 2022. Esri converted Census 2000 data into 2010 geography. February 12, 2018 9 • Gesn" 501 NE 1st Ave, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Median Household Income 2017 Median Household Income $44,587 $48,572 $51,248 2022 Median Household Income $50,024 $54,363 $57,326 2017-2022 Annual Rate 2.33% 2.28% 2.27% Average Household Income 2017 Average Household Income $69,717 $69,730 $74,935 2022 Average Household Income $79,033 $79,419 $85,456 2017-2022 Annual Rate 2.54% 2.64% 2.66% Per Capita Income 2017 Per Capita Income $29,298 $30,641 $32,658 2022 Per Capita Income $33,243 $34,770 $37,078 2017-2022 Annual Rate 2.56% 2.56% 2.57% Households by Income Current median household income is$51,248 in the area, compared to $56,124 for all U.S. households. Median household income is projected to be $57,326 in five years, compared to $62,316 for all U.S. households Current average household income is$74,935 in this area, compared to $80,675 for all U.S. households. Average household income is projected to be $85,456 in five years, compared to $91,585 for all U.S. households Current per capita income is $32,658 in the area, compared to the U.S. per capita income of$30,820. The per capita income is projected to be $37,078 in five years, compared to $34,828 for all U.S. households Housing 2000 Total Housing Units 5,597 33,819 79,356 2000 Owner Occupied Housing Units 2,981 20,142 50,152 2000 Renter Occupied Housing Units 1,520 7,850 16,372 2000 Vacant Housing Units 1,096 5,827 12,832 2010 Total Housing Units 6,457 39,904 90,349 2010 Owner Occupied Housing Units 2,816 19,833 50,573 2010 Renter Occupied Housing Units 1,860 11,168 21,947 2010 Vacant Housing Units 1,781 8,903 17,829 2017 Total Housing Units 7,582 43,081 96,218 2017 Owner Occupied Housing Units 2,929 19,724 50,127 2017 Renter Occupied Housing Units 2,706 14,460 27,923 2017 Vacant Housing Units 1,947 8,897 18,168 2022 Total Housing Units 8,377 45,680 101,422 2022 Owner Occupied Housing Units 3,120 20,697 52,356 2022 Renter Occupied Housing Units 3,102 15,778 30,062 2022 Vacant Housing Units 2,155 9,206 19,004 Currently, 52.1% of the 96,218 housing units in the area are owner occupied; 29.0%, renter occupied; and 18.9% 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 90,349 housing units in the area - 56.0% owner occupied, 24.3% renter occupied, and 19.7% vacant. The annual rate of change in housing units since 2010 is 2.84%. Median home value in the area is$198,286, compared to a median home value of$207,344 for the U.S. In five years, median value is projected to change by 5.12% annually to$254,488. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2017 and 2022. Esri converted Census 2000 data into 2010 geography. February 12, 2018 10 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Commercial property 115 North Federal Highway 501 Northeast 1 Avenue Boynton Beach, FL 33435 OWNERSHIP: Boynton Beach Congregational United Church of Christ, Inc. 115 North Federal Highway Boynton Beach, FL 33435 LAND: Approximately 56,427 square feet in two parcels (40,842 square feet+ 15,585 square feet) IMPROVEMENT: 115 N Federal Highway: house of worship containing approximately 13,664 square feet of enclosed area, constructed in 1953. 501 NE 1 Avenue: parking lot for the church ZONING: "CBD", in the city of Boynton Beach APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: House of worship and parking lot HIGHEST AND BEST USE: As vacant: Both parcels improved with a mixed use project and associated parking or redevelopment of the sites with adjacent properties for a larger mixed use venture. As improved: Demolished and removed VALUE BY THE SALES COMPARISON APPROACH: 56,427 square feet of land x$45.00 per square foot of land= (rounded to) TWO MILLION FIVE HUNDRED THIRTY-NINE THOUSAND DOLLARS 2 539 000 VALUATION DATE: February 26, 2018 Exposure Time: 12 months prior to selling at the appraised value 11 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 2018 - 2019) 2-2(a)(i) State the identity of the client; state the identity of 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: Boynton Beach Congregational United Church of Christ, Inc. 115 North Federal Highway Boynton Beach, FL 33435 Property Address: South parcel: 115 North Federal Highway North parcel: 501 Northeast 1 Avenue Boynton Beach, FL 33435 Legal Description: South parcel: Lots 1, 2, 3, 4, 5, 6 and 7, Block 6, less portions for rights-of-way, ORIGINAL TOWN OF BOYNTON, Plat Book 1, page 23, Palm Beach County, FL 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) Legal Description: North parcel: Lots 10, 11 and the west V2 of 12, Block 1, ORIGINAL TOWN OF BOYNTON, Plat Book 1, page 23, Palm Beach County, FL Complete legal description in the acquiring deed in the Addenda. Census Tract No. 61 Real Estate Tax: Parcel Control Numbers: 08 43 45 28 03 006 0010 08 43 45 28 03 0010100 Land Value: $1,012,399 Improvement Value: 541,877 Total Value: $1,554,276 Assessed Value: $1,544,276 Exemption Amount: $1,544,276 Ad Valorem Tax: $ -0- Non Ad Valorem Tax: $ 1,025 Total Tax: $ 1,025 The appraised property is exempt from taxation due to a religious exemption. Therefore, no real estate tax is paid by the property owner. While the exemption is in place, the same will be the case for a future owner. The amount of $1,025 is for a non-ad valorem assessment by the city of Boynton Beach for utilities. When a property is exempt from taxation, the market value assigned to the property by the county appraiser may not be current or accurate. The appraised value of the property in this report is $994,724 greater than the market value ascribed by the county property appraiser. The appraised value is based on current sales occurring in the subject market area. 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; size 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. These were constructed in the early 1920s and 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. 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 town as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Freight trains still run through the subject market area on the FEC tracts. Higher speed, passenger Brightline train runs along the FEC tract, but does not stop in Boynton Beach. For now, there are only three depots with one in downtown Miami, one in downtown Fort Lauderdale and the third in downtown West Palm Beach. In the future, there may be commuter rail service along the FEC tracks with a station in downtown Boynton Beach; however, no plans have been announced. 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) The subject market area is the Downtown District in the CRA with the following general boundaries: Florida East Coast (FEC) Railroad on the west, Federal Highway and the Intracoastal Waterway on the east, Northeast 7" Avenue to the north and Southeast 12 Avenue on the south. Federal Highway CRA North and South Districts flank the Downtown District, with one district blending into the next. All totaled, the Federal Highway corridor through the CRA in Boynton Beach is about 2.5 miles long. Federal Highway is the main north-south artery through the Downtown District. It is also known as U S Highway 1 and is the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. The strong influence of heavily trafficked Federal Highway is a catalyst to redevelopment of the corridor with over 2,300 new residential units in five projects, with more planned. Highway beautification projects improved the aesthetics of the market area. Most of the properties on the east and west side of the highway have shallow depths, inhibiting redevelopment of the sites with larger commercial projects. Assemblages of adjacent properties and rezoning to mixed use will facilitate revitalization of the subject market area. Primary east-west arteries are Boynton Beach Boulevard and Ocean Avenue. Boynton Beach Boulevard is the principal east-west artery in city, having an interchange with Interstate 95. Boynton Beach Boulevard commences on the east at U S Highway 1, just to the east of the FEC Railroad. 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. 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) Ocean Avenue, in the Cultural District of the CRA, is an upgraded streetscape of wide sidewalks covered with pavers, lighting, kinetic sculptures, and bollards. Ocean Avenue continues east of the Cultural District with a drawbridge over the Intracoastal Waterway, reaching Ocean Boulevard and the Atlantic Ocean. Ocean Avenue extends west through Boynton Beach, with an interruption at Interstate 95. The subject market area is easily accessible by main roads and Interstate 95. To the northwest of the Downtown District and the Federal Highway North District is the Heart of Boynton District where the CRA has concentrated funds and effort into revitalizing the area with new housing options and upgraded streetscapes. The CRA has purchased numerous smaller properties to assemble larger sites for redevelopment of mixed use projects. 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 $44,587, for three miles it is $48,572 and $51,248 for the five mile circle. All are lower than the median household income for Palm Beach County of $54,400, even though the east parts of the circles include the residents all the way to the Atlantic Ocean. In the one-mile circle, population is 13,723. In three miles, population increases to 79,525; at five miles, it is 181,529. However, about one-half of the three and five mile circles are over the Atlantic Ocean and waterways. Annual growth rate is anticipated to be 1.14% to 1.93% 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. The median age in the market area is 43.0 years compared to the U. S. median age of 38.2 years. 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 18%; however, this amount is high due to the undercount of the other two categories. Median home value in the five-mile area is $198,286 17 compared to median home value of$207,344 in the 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) 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. Current residential buyers 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 $70,000 to $100,000 per unit based on the same factors. 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, 15,757 square feet of commercial space, plaza, 644-space parking garage, et cetera. At 623 S Federal Highway, Club of Boynton Beach is under construction. It will be a six-story, 87 unit assisted living facility and memory care facility. Earlier in the 2000s, the property was to be developed with a condominium; however, the recession spoiled those plans. 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 life cycle stage of the market area is revitalization, a period of renewal, modernization and increasing demand. Boynton Beach CRA is purchasing blighted properties in the general subject market area and other properties that the owners are willing to sell. One example of such an acquisition by the CRA is the former AmeriGas Propane storage and sales facility at 711 North Federal Highway. The old improvements were demolished, and the CRA sold the site to the property owner to the north for another business venture. One more example of a CRA purchase is at 1110 N Federal Highway, with the old store scheduled for demolition and removal. Conclusion The town's 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. Boynton Beach Community Redevelopment Agency is instrumental in the renaissance of the city of Boynton Beach. The price trend for property in the subject market area will continue to increase while the economy remains strong. Land Use: General Commercial Proposed Land Use: Mixed Use, high intensity, 80 dwelling units per acre with a 20% bonus for being in the Transit Oriented Development District, maximum height 150 feet. 19 CRA District: Downtown District 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) Zoning: "CBD", Central Business District in the city of Boynton Beach. The intent of this district is to implement the mixed use and mixed use core future land use plan classification of the Comprehensive Plan. The mixed use will be a highly visible community focal point integrating office, retail and residential uses concentrated in the historic downtown and marina district. Uses allowed in the district are intended to service the entire community, create a high volume of pedestrian traffic, provide business opportunities, et cetera. Minimum lot area is 15,000 square feet. Minimum lot frontage is 75 feet; minimum lot depth is 100 feet. Copy of the zoning code is in the Addenda. Both the south and north subject parcels appear to meet the size standards for the "CBD"; however, officials of Boynton Beach determine conformity to the zoning code. Site Description: The appraised property consists of south and north parcels separated by NE 1 Avenue. Both parcels are basically rectangular in shape, with approximate dimensions and sizes from public records. South parcel: North boundary on NE 1 Avenue: 335 feet East boundary on Federal Highway: 120 feet South boundary on service alley: 335 feet West boundary on NE 4 Street: 120 feet Total: approximately 40,842 square feet 20 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) North parcel: North boundary on service alley: 125 feet East boundary on adjacent property: 125 feet South boundary on NE 1 Avenue: 125 feet W boundary on city owned parking lot: 125feet Total: approximately 15,585 square feet Total land size is approximately 56,427 square feet Utilities: All utilities are available to the site. Access: The south parcel is bordered by roads on three sides, with a service alley to the south. Federal Highway is to the east; however, there is no driveway on to it from the land concerned. Federal Highway is a four-landed north-south arterial through Palm Beach County and beyond. The highway is improved with sidewalks, streetlights, storm drains, raised and landscaped median; though, there is no median break at NE 1 Avenue. Pedestrian traffic can reach the south parcel on its east side. Vehicular access is via a driveway on NE 4 Street on the west side of the south parcel. NE 4 Street is a two-laned local road which separates the land under appraisement from the property owned by the Florida East Coast Railroad and the railroad tracks. On the north side of the subject is NE 1 Avenue, with driveway on to that right-of-way. NE 1 Avenue is a two-laned local road extending the length of the subject block in that location. The north appraised parcel is accessible via NE 1 Avenue. The service alleys to the north and south of the subject parcels were common in times past for 21 deliveries and refuse collection. 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) Easements: There is no survey to review; however, utility easements are typically around the perimeter of the site. Improvement Description: The appraisers viewed the exterior of the improvement. The structural improvement on the south parcel of the subject property appears to be an occupied one-story house of worship and a two- story education building, containing a total of 13,664 square feet constructed in 1953 according to the Palm Beach County Property Appraiser's records. No building sketch is available. The property seems to be used by the congregation which owns the premises. The exterior of the building looks as if it is in average condition, with the interior assumed to be in similar condition. The building is constructed of concrete block with a painted stucco finish and brick veneer. The roof appears to be flat with a composition topping. Windows are plate glass. The design of the structure is characteristic of mid-twentieth century architecture. Site improvements include paved parking lot, wood fencing, wheel stops, trees, shrubs, sod and irrigation. The north parcel is improved with a parking lot of asphalt paving, wheel stops and striping. Environmental Assessment: No assessment was available for review. 22 APPRAISAL REPORT (continued) 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 February 26, 2018. 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 motivation 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. 23 APPRAISAL REPORT (continued) * 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 & Light Co., v. dennins, 518 So.2d 895 (Fla. 1987)] 2-2(a)(vi) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: February 26, 2018 B) Date of the Report: February 26, 2018 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 exterior of 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 sales of land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including Costar Group, Corelogic, Realquest, Loopnet, Palm Beach County Property Appraiser records, the public records, and data from the appraiser's plant. For Sales Comparison Approach, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. 24 APPRAISAL REPORT (continued) 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 methods used are 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 appraised property is improved with a 65-year old house of worship which has reached the end of its useful life in light of the revitalization of the subject market area, especially the central business district core where the subject sits. The existing improvement is old and an underutilization of the site which has a future land use of mixed use, high intensity. Therefore, neither the Cost nor Income Approaches are applicable to appraise the property as improved. Further, these two approaches are not well suited to value land which should soon be improved with a project such as 500 Ocean or Ocean One. Exclusion of the Cost and Income Approaches to value still produces a creditable report. 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 The appraised property is listed for sale at a price of $3,000,000 for both parcels 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 quit claim deed on May 1, 1986 for a nominal amount. A copy of the deed is in the Addenda. The date of sale is too far removed from the effective date of the appraisal to be of any significance to the current opinion of value expressed in this appraisal. 25 APPRAISAL REPORT (continued) 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 house of worship and associated parking lot; however, this is not the highest and best use of the property. The age of the subject building and the change in the life cycle stage of the market area from decline to revitalization, renders the existing use of the property to be obsolete. Therefore, the building has no contributory value to the property. The use reflected in this appraisal is vacant land, ready for its highest and best use. 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 The land appraised contains a total of approximately 56,427 square feet, in two parcels separated by NE 1 Avenue. The south parcel has a corner location, but with no traffic signal or median break in Federal Highway. The parcel is level and filled to street grade. All utilities are available to the site. The north parcel has an interior location in the block; it is also level and filled to street grade. Being two non-contiguous parcels is less than ideal from a design standpoint. It may be necessary to acquire a parcel adjacent to the north subject land to have sufficient area for a parking structure that would be associated with the mixed use project on the south parcel. Potentially, the two subject parcels could be used in combination to be improved with a high intensity mixed use project. Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting and deed restriction, none of which came to light during the property investigation. Land use designation is General Commercial. Proposed land use is mixed use, high intensity. 26 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Zoning is "CBD", Central Business District. Minimum lot size is 15,000 square feet. Permitted uses include a commercial, residential or mixed use. Both of the subject parcels appear to meet the size standards for the "CBD" district as stand-alone sites. However, city officials make the determination of conformity and legally permissible uses of the land. Further, the city regulates how non-contiguous parcels can be put to essentially one use. 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. As mentioned, assemblages of smaller parcels into larger sites for mixed use development are taking place in the subject market area and in other CRA districts. Once a large site is assembled, the development process can commence with possible zoning and/or land use change to permit mixed use projects such as 500 Ocean or The Villages at East Ocean. Land Sale 1 in this report is an example of a less intense assemblage. The aerial view of the appraised property in the beginning of the report shows the subject's close proximity to 500 Ocean (completed) and Ocean One (to be constructed.) The Villages at East Ocean will be just to the west of the FEC corridor. Thus, the subject property is in the center of the revitalization of downtown Boynton Beach. As mentioned, the improvement on the south parcel dates back to 1953 when Boynton Beach was a small retirement community with buildings dotting Federal Highway. The Community Redevelopment Area plan for the city is transforming it to a lifestyle center similar to those in Delray Beach, Boca Raton and West Palm Beach. Financially feasible use for the subject parcels is for an intense mixed use project with residences of at least 80 units per acre on the upper floors of a new improvement and commercial use on the first floor. A parking structure will also be necessary. There are examples of such a change in highest and best use from religious facility to mixed use throughout South Florida, with a few cited here. 27 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT • The Bristol Palm Beach at 1100 S Flagler Drive, West Palm Beach is a new high end condominium project being constructed on the site of a former church. The 25-story building will contain 69 units, a club lounge, fitness center and lap pool. • In Fort Lauderdale, a more moderately priced project of 142 apartments will be constructed at 613 NW 3 Avenue on the site of a former church. • Also in Broward County, a former church will be razed to make way for 197 residential units at 2851 Stirling Road, Dania Beach. • In Miami-Dade County, the former Cornerstone Methodist Church at 18301 South Federal Highway was demolished for the new Soleste Bay Village of 200 apartments, 15,635 square feet of retail and 300-space parking garage. These properties, like the subject, are in markets where the demographics are changing and developable land is scarce. A religious facility is typically a low intensity land use, with surface parking which covers more area than other non-residential uses such as stores or offices. Developers are seeking such properties where there sufficient land for a large enough mixed use project to be financially feasible considering the expense of construction and marketing of the project. The appraised property may be improved on its own or may be assembled with adjacent properties for a larger site. The most probable buyer is a local or regional developer assembling parcels to have sufficient land for a large mixed use project. Time for development is now with revitalization of the subject market area and a strong economy where people are seeking new retail and housing choices. Maximally Productive as Vacant In summary, the Highest and Best Use of the land in question is for a high intensity mixed use project utilizing the two subject parcels or for assemblage with adjacent parcels to construct a larger mixed use project with residential units on the upper floors and commercial use on the ground level. Such uses would be physically possible, probably legally permissible with necessary changes if any, financially feasible and maximally productive. 28 HIGHEST AND BEST USE OF THE PROPERTY AS IMPROVED Highest and best use of the existing improvement is demolition and removal from the south parcel. The structure is 65 years old and outmoded. Such use is physically possible, legally permissible, financially feasible and maximally productive. Examples of such change of highest and best use have already been cited in the report. 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. 29 SALES COMPARISON APPROACH LAND VALUATION SUBJECTAND COMPARABLE LAND SALE LOCATION MAP r N v� w .TfSNAY ; ] [j r . �� GaTEtiYF.1Y @L w �iATEWAY SLNi7 a � r Ew N i 'lir¢ r 3 a a m 1 m )� a n S SUBJECT u N \ W:.BOYNT047BEACH BLVD. $04... 4 SALE 1gp CE;4N a E OCEAN'DR OCEaN"DRcn $ N o. 9 m y m W w WO,UL"6RIGf-IT�2Ci W6'OLBRIGH V.j SRIF RD "®"® s23RD-aVE SE" D •_t GOLF RD GOL°F RD '"�ZND'WAY R A1AE �s k=` O � m f 3 w N giARTE12 r P Z r _ 7 A4 yt 4- sum ..._..... ^ _. il" Ida 5 m jrRl Z N KE_DA RD 1' Sr n., LAKE I— D - ti SNE$TH sT r. SALE 3 SALE E ATLANTIC 19 t r o �data use subject to[icense- Ml ©DeLorme-DeLorme Street Atlas USAO 20G9- 0 +/d '/z % 1 1'/e www-delorme-com PSN(5-7°W) Data Zoom 12-0 32 VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTIONS Lot 10, the south 1/2 and Lot 11, Block 'A" PENCE'S SUBDIVISION NO. 1, Plat Book 1, page 33, Palm Beach County,FL Lots 14 and 15, Block 'A" PENCE'S SUBDIVISION NO. 1, Plat Book 1,page 33,Palm Beach County,FL RECORDED O. R. Book 28567,Page 956 O. R. Book 29557,Page 1905 GRANTORS Okee Boynton 2015, LLC Richard Smith et al GRANTEES Ocean Hudson,LLC Exsorro One,Inc. DATE OF SALES August 30, 2016 December 28,2017 LOCATIONS 412 Southeast 4 Street 420 Southeast 4 Street Boynton Beach,FL ZONING "C-3,"Community Commercial PROPOSED LAND USE Mixed Use,medium intensity CRA District Downtown District SALE PRICE 412 SE 4 Street: $ 240,000 420 SE 4 Street: 1,200,000 Total $1,440,000 LAND SIZE 21,510 sq ft+28,676 sq ft=50,186 sq ft UNIT OF COMPARISON $28.69 per square foot of land PARCEL CONTROL NOS. 08 43 45 2107 0010101 and 0140 CONDITIONS OF SALE Cash sales. Arm's length transaction. CONFIRMED Kenneth Kaleel, attorney for grantee COMMENTS Grantees are related companies. Properties are abutting. 412 is a vacant site. Existing old dwelling units on 420 will be demolished and removed to make way for redevelopment of the site. 33 r s , 1 Ij LANDS LEI 412 & 420 SOUTHEAST 4 STREEET BOYNTON BEACH, FL 34 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION Lots 1, 2, 3 and 4, Block "C," PENCE'S SUBDIVISION NO. 1, Plat Book 1, page 33, Palm Beach County, FL, less the east 13 feet of Lots 1 and 4 for Federal Highway RECORDED O. R. Book 29241,Page 1523 GRANTOR Hidden Brook Corporation GRANTEE Exsorro One,Inc. DATE OF SALE July 25,2017 LOCATION 601 South Federal Highway Boynton Beach,FL ZONING "C-3,"Community Commercial PROPOSED LAND USE Mixed Use, medium intensity CRA District Downtown District SALE PRICE $1,250,000 LAND SIZE 52,507 square feet UNITS OF COMPARISON $23.81 per square foot of land PARCEL CONTROL NO. 08 43 45 28 07 003 0010 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Kenneth Kaleel, attorney for grantee COMMENTS Vacant parcel with street frontage on three sides: South Federal Highway, SE 4 Street and SE 5 Avenue. The east portion of the site will be improved with an office; the west will be 28 residential units. 35 n \S \ a afvd I I 9 t t II II i �I n t E (4 ,_� - r,r�.�� ,•<e � ��..,-;� �' �sesmav��' s.kvvv ��.� t :.I srll�l ��1��1��V _?�� t LAND SALE 2 601 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FL 36 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lots 13-20 inclusive, Block 118, CONKLING & THORNDIKE SUBDIVISION, Plat Book 2, page 8, Palm Beach County, FL, less part conveyed for right-of-way RECORDED O. R. Book 28674,Pages 1904 and 1907 GRANTOR Tresshanti II, CCL GRANTEE DK Delray Downtown LLC DATE OF SALE October 31, 2016 LOCATION 135-185 SE 6 Avenue Delray Beach, FL ZONING "CBD,"Central Business District LAND USE Commercial Core SALE PRICE $5,750,000 LAND SIZE 54,014 square feet UNITS OF COMPARISON $106.45 per square foot of land PARCEL CONTROL NO. 12 43 46 16 01 118 0130, 0162, 0190, 0200 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Craig Mandell, attorney for grantee COMMENTS Vacant parcel with street frontage on SE 6 Avenue (northbound Federal Highway) and SE 2 Street. Subsequent to the transaction, the grantee (Kotler Group) obtained approval for proposal to improve the site with a hotel containing 150 rooms and 116 space parking garage. 37 -;1 4. M {Z i�� tt{ v - a r kii k rt r se asp ty .la»�1`+ti S1Yr� Jar". se is`t s�:.. t r' r t r, p N �@` 1 f , I' � r E�2ntl St r{ Pal B—h=C I N©r LAN SALE 3 135-185 SE 6 AVENUE DELRAY BEACH, FL 38 VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION Lots 1, 2, 3, 4, 5 and 6, Block 104, OSCEOLA PARK, Plat Book 3,page 2,Palm Beach County,FL,less part conveyed for right-of- way RECORDED O. R. Book 29365,Page 534 GRANTOR Florida Fifth and Third LLC GRANTEE Federal Highway Capital 318 B,LLC DATE OF SALE September 17, 2017 LOCATION 302-346 SE 5 Avenue Delray Beach, FL ZONING "CBD,"Central Business District LAND USE Commercial Core SALE PRICE $3,050,000 LAND SIZE 38,258 square feet UNITS OF COMPARISON $79.72 per square foot of land PARCEL CONTROL NO. 12 43 46 2101 104 0010, 0030, 0050, 0060 CONDITIONS OF SALE Third party private lender, BI 23 LLC, provided financing in the amount of$1,677,500. Arm's length transaction. CONFIRMED Walter Morgan, attorney for grantee COMMENTS Vacant parcel with street frontage on SE 5 Avenue (southbound Federal Highway) and SE 3 Street. Thus far, future plans for the site are not revealed. 39 r�`�r�f it'srir r ss6s� � s1S ts41 >d" �, '.�31d,t4Y �'��(s rSitS"'� .,mr SF 3€d Si s,`� SE 3rd St`��, irf SE 3rd St S�3rtl 9 � Ary � � s w Mallory Cir U �r I tt to t' SE 4tl15S�esi :YrruSWlM1eaisbR ,'?n:.� £rs-(.5 4th�5tN Y411�3!1SGuw GnWliZ"Mei,•.`"`.S€y4{hlt�kl�°,�?a-^�7A"'-�kC�}&AA4PIH'FrY1§�1�uY1'! LAN SALE 4 302-346 SE 5 AVENUE DELRAY BEACH, FL 40 o0 O 0 0 C,3 O O p p Z � w W ap N U U U U U A Lr) N cl� i p� U o0 M O oc 00 oc Lr) Q w N O N ct O N oc `O ^ Cl1 Lr) Lr) Lr) M Lr) _N N l� O to Wct Lr) M � N ISI � 69 69 69 69 bl�l oc A t O ooc Lr) N M N N M -- N Q� � o\o N O O N N � W N N N N CIJ O p OLr) N N N iLn O Q Q Or U N 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 property is improved with an old house of worship and parking lot which has reached the end of its useful life. Highest and best use for the property is to demolish and remove the improvements, then redevelop the parcels with either a stand-alone mixed use project or combine it with adjacent properties for a larger one. Total land size is approximately 56,427 square feet, thought in two parcels; zoning is "CBD", Central Business District. The subject market area is in the revitalization stage of its life cycle. A search was made to find recent sales of larger properties fronting Federal Highway or close to it which are either vacant or will be vacant when the old improvements on them are demolished and removed. Of the properties reviewed, four that are more similar to the subject are cited in this report. Details of the transactions are on the sale sheets and chart. Land Sales 1 and 2 are in the South Federal Highway area of Boynton Beach; Land Sales 3 and 4 are in downtown Delray Beach. The unit of comparison relevant to this valuation is Sale Price per Square Foot of Land. The range of unit prices is from $23.81 to $106.45 per square foot of land,before adjustments. 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) 42 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 except No. 4 were in cash, which is the most common form of payment for vacant land. A third party private lender accepted a mortgage for $1,677,500 which has a 55%loan to price ratio. Such financing from a private lender is for a short term at a higher interest rate until permanent financing can be arranged with an entity that will make a low for the new construction project. The factors concerning the financing for No. 4 are off-setting. Being able to obtain a loan is a positive factor; however, the terms and conditions of the mortgage put a sense of urgency on the borrower to arrange permanent financing and satisfy the current one. Thus, 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. Sales 1 and 2 were purchased by Exsorro One, Inc. or an affiliated entity. Sale 1 is an assemblage of adjacent properties,probably with the plan to add more to have a large site for redevelopment. Sale 2 is one block to the south of No. 1. Motivation of the grantee of these sales appears to be the acquisition of properties in an area of revitalization before there is an upward spike in prices. For downtown Delray Beach, revitalization has been taking place for the past decade, causing prices to increase as evidenced by Land Sales 3 and 4. Motivations of the grantees seem to be typical for the market of desiring to be part of areas that are changing with the times with no reason to make an adjustment for this element of comparison. (Continued) 43 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. Dates of sale are recent and are representative of current market conditions. No adjustment is necessary for this element of comparison. Adjustments for transactional elements of comparison were considered, but none made. Now, the land sales are likened to the subject and to each other for property elements of comparison. 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, market stage of development, 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. All of the sales are located on or near Federal Highway. Land Sales 1 and 2 are in the municipality of Boynton Beach as is the appraised property; Nos. 3 and 4 are in Delray Beach to the south. Land Sales 1 and 2 are in the Community Redevelopment Area (CRA) Downtown District. Zoning for these parcels is "C-3", Community Commercial; future land use is mixed use medium intensity. The appraised property is also in the CRA Downtown District. In contrast, zoning for the subject is "CBD", Central Business District, permitting a wider range of uses and greater intensity than the "C-3" District. Further, future land use for the land concerned is mixed use high intensity, 80 dwelling units per acre with a 20%bonus for being in the Transit Oriented Development District (TOD) which will be the transportation hub of downtown if commuter rail service runs on the FEC tracts. Land Sales 1 and 2 are inferior to the subject for zoning. Each is adjusted upward 10% for being in the "C-3" zoning district plus another 10% for lacking the TOD designation. Therefore, Sales 1 and 2 are each adjusted upward 20% for having inferior zoning. Land Sales 3 and 4 are in the Central Business District of Delray Beach, a similar zoning district to the subject's. No adjustment is made to these sales for differences in zoning. (Continued) 44 LAND VALUATION (Continued) The appraised property is in downtown Boynton Beach which is in a revitalization stage of its life cycle. As mentioned and noted on the aerial map of the subject market area, the 500 Ocean mixed use project is completed, and One Ocean, Villages at East Ocean Avenue and others will be constructed. These projects provide visible evidence that revitalization is underway. Land Sales 1 and 2 are to the south of downtown Boynton Beach. Revitalization is moving in their direction, but their location has not reached the same stage of development as the center of downtown. To recognize the locational difference of stage of development, Land Sales 1 and 2 are each adjusted upward 20%for being inferior to the subject. Land Sales 3 and 4 are in Delray Beach which has had at least a decade of major revitalization. Land Sale 3 fronts northbound Federal Highway, at the corner of SE 2 Street which is two blocks south of Atlantic Avenue, the central commercial corridor. This parcel was purchased by an experienced hotel developer and real estate portfolio owner. Revitalization has moved to such an advanced stage in Delray Beach that is difficult to find land of sufficient size or adjacent properties to assemble for new projects. Land Sale 4 is four blocks south of Atlantic Avenue, but still in the "CBD" and fronting Federal Highway southbound. Land Sales 3 and 4 are superior to the land in question for locational stage of development and are each adjusted downward 40%. Land Sale 3 is adjusted downward an additional 10% for legal stage of development as it was well into the site plan approval stage with the city of Delray Beach went sold. The buyer paid for the development process; however, it involved the seller in applications and holding the land until the approval was almost obtained. Said another way, the grantee of No. 3 was confident that site plan approval for the new hotel was imminent when the property was acquired. Hence, No. 3 is adjusted downward 50%for being at a superior stage of development to the subject. 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. Land size for the subject is 56,427 square feet, at the top of the size range; however,it contains two parcels. Larger size increases the number of dwelling units and amount of commercial square footage that can be placed on the site; on the other hand, two parcels divided by a public right-of- way is a negative factor for functional utility. All of the sales consist of one site, ranging in size from 38,258 to 54,014 square feet. The physical characteristics of the appraised land put its unit value in the mid-range of the adjusted unit sale prices. (Continued) 45 LAND VALUATION (Continued) The appraised property is has an old improvement on it, as does Nos. 1 and 4. The grantees of these properties will pay for the demolition and removal of the old improvements as part of the development process for new improvements on the sites. There could be some salvage value to off-set the cost of demolition. Cost for demolition and removal of the old improvements are not adjusted for in this valuation. Use For sites to be comparable, they should have similar uses. Future uses for the subject and sales are new urban projects, either singe use such as a hotel or mixed use with commercial on the ground floor and residential on the upper floors. No adjustment is called for this element of comparison. FINAL VALUE OPINION Following is a summary of the adjusted square foot unit sale prices: Land Sale Sale Price per Sguare Foot 1 $40.17 2 $33.33 3 $53.23 4 $47.83 The locational and physical characteristics of the appraised property place its unit value in the mid- range of the sale properties. The subject is in the core of downtown Boynton Beach which has not reached the stage of revitalization that Delray Beach has. Considering the characteristics of the land under appraisement and the foregoing discussion, the unit value for the subject is in the mid-range of the range of the unit sale prices at $45.00 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for land in on or near the Federal Highway corridor in 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 February 26,2018 is: $45.00/sq.ft. of land x 56,427 square feet of land= 2 539 000 TWO MILLION FIVE HUNDRED THIRY-NINE THOUSAND DOLLARS 46 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 appraised the property on March 8,2017. 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 exterior of the property that is the subject of this report on January 25,2018. 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. February 26. 2018 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certifi ed General Real Estate Appraiser No. RZ-85 February 26,2018 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No.RZ-173 47 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 February 26,2018 Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 February26,2018 48 ADDENDA r OmT•CuIM 0110 - RAMCO FORM 4Z ' 'I FROM COg10eATIOM . This Quit=flalin Beed, Executed this I' day of MLI A.D..19 86,by FLORIDA-CONFERENCE.OF' THE.UNITED CHURCH OF CHRIST, INC.. 1 a co-pOr n existing under the laws of Florida and having Us principal place of tV, bustnore 222,East Welbourne Avenue, Wintgr` Park, Florida 32789 . PiratOACI BO CONGREGATIONAL UNITED CHURCH .OF CHRIST, 'INC. whosedress is 115 North, Federal Highway, BoyntonBeach, FL 3343 -secondr wed'herein the arae"lint➢arty"and"second party"shall include&Insular and plural.hrin. Ieeeillres,and■mien.of indMeha.,and the ru n-nn nal—is.,or rorporatiom,rhrnver the rnnetat mile. ragmen.)d. / r V ! W{tnesse al the sold first porgy,for and in consigeration'af the sum of S 10.00 in hand paid by' ecand party'. the receipt whereof Is hereby acknourledged, doei hereby remise;re- lease and'quit-clal o the said second party forever, all the right,.gide,interest,claim and demand which a d the said first party has in yq !o the following described log, piece or parcel of land, aituale; Tying and brim 4r4 in the County of BEACH , Stale of FLORIDA to trig, o Lots 1; 2, 3We 6 and 7, Block 6, ORIGINAL TOWN OF BOYNTON, .� a subdivision City of Boynton Beach. Florida, apcording� to the plat thon file in'the Office of the Clerk of the w ch Circuit Court, ded in Plat Book 1, page 23, excepting IL 'a n _ therefrom the Nortop of Lots 5 and 7, . and the West 51 of ' a o 300 Lot 7', and existsght-of-way for U.S. Highway #1; together zm� with -buildings aiirovements located thereon; and 4 r = oe 03 Lots '10'; 11 and West%CFlorida. t. 12, 'Block 1, ORIGINAL TOWN OF BOYNTON, a subdivisiCity of Boynton Beach, Florida, c a according to, the plaon f ile in the off ice of .the Clerk LO a a05 of the Circuit Courtin Plat Book 1,. page 23, Public M0 = Nz kecords of Palm Beac a30 lrK g• ° '�o I{aue and to Mold this same'togelhar i d singular the appurtenances Iheraunlo belonging.Rr in anywiso appertalning. and all the estato, t, lltle, Interest, lien, equity and claim what- ` soaves of jiha,idld first party, et/her In law or oquily, to the only prappor use. bandflt and behoof of the said I �v1y/n sectl��pariy,fb►e�er. In bitness Ohereof f p y e d first are has cawed those gree- `IP c- anti to be-execuled in its name,an oraleseal•lo be hereunto affixed, ..,(C0RP0t-Z*SEAL) r by iI.- pro er officers Ihsreunto d to ad,Tho day and year,first above �_s p �i}rr d „ ., • , lirr ... C F .:...................... . . FLORIDA N E 0 THE .UNITED ........................... ..... .... ...:..........,................ a};t,liference Ministersrattt� CHURCH OF UHRf 'i' INC Sred 'soaledd delivered!n Ilse presence of: I/ Prad�...............�� l Bnference t .. .................. . STATE OF FLORIDA COUNTY OF ORANGE Cr I HEREBY,CERTIFY that an this day,before me,an ofliur duly amhorieed In the Stan and Caunly dorevid to sacks arhnut•ledemem., W per.n,aur apP!! 11, EDWIN 'J'. ARNOLp and CHARLES L. BURNS �rr1r((^^e Conference Minist Pr and �ipectively sal the earpuitiun'n(mrd a,li,.t party . .J ;Imr j rrgolasi-hd�rd,•incl. ar they.III acknowledged eucudns the same In the pnsen,a of two sutncrihine%gimmes fn.ly and rolunnrlr - =untkL outIh'pity awr4 h.ted•tli Arm hr ,old corporation and that the ted sdliaed Thema it the true corporate-vd of mid corpnrarino., WIT.,eiQ•tiq�y�hand; infield mal In the.Couml end Sun Ian.1—id this let: dray nr Hay A. O. 19.86. m `t?';+'�r`1= i 0•+'�� RECORD'VERMED . ...... PALM BEACH COUNTY,f ^' JOHR D.DUNKLE Vy 1181IIF5DRE.o an a r 77ui lit{rutlrr'ni pnpawd hy; CLERK CIRCUItSOURT MISY CacamlasftAa'bc jAps:9/4/87 !'Iilr/tt.ir p.,,�cd 16ru T,oY frioliu...... - , r E. CBD Central Business District. 1. General. The purpose of the CBD zoning district is to implement the mixed use (MX) and mixed use core (MX-C) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to provide a highly visible community focal point integrating office, retail, and residential uses concentrated in the historic downtown and marina district. In addition, this district is considered the predecessor to the urban mixed use zoning districts,particularly, the mixed use-high intensity district. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian activity,provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. 2. Use(s) Allowed. See "Use Matrix Table 3-28"in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-18). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged, or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS CBD District Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 0 feet Rear: 20 feet' Interior side: 0 feet Corner side: 8 feet Waterfront yard(from navigable water): 8 feet3 Minimum living area: 750 s.f. Maximum lot coverage: 75% Parking garages: 85% Maximum Floor Area Ratio (FAR) N/A Maximum structure height: 45 feee ' Where rear property line abuts a public street or alley,rear yard setback may be reduced to eight(8)feet at first floor level, in which case,no setback shall be required at all other floor levels. 51 2 Eight(8)feet is require at first floor level. No setback shall be required at all other floor levels. 3 Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line;however,setbacks are measured from the mean high water line if the body of water is under the same ownership as the subject property. 4 Forty-five(45)feet,not to exceed four(4)stories. The maximum building height shall be forty-five(45)feet, except for buildings which contain a mix of uses(residential in combination with non-residential uses). In these instances,the maximum building height may be increased to one hundred(100)feet,but contingent upon conditional use approval. Mechanical equipment which exclusively serves the structure shall not be included in the calculations of height. 4. Review and Approval Process. All development and redevelopment shall require site plan approval in accordance with Chapter 2, Article 11, Section 2.F. prior to application for building permit. 5. Parking. a. General Requirements. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. b. Specific for CBD District. As required by Chapter 4, Article V, Section 3.E. The CBD district contains additional standards relative to location and appearance of off-street parking facilities. Refer to Chapter 4, Article 111, Section 3.C. for these additional development standards. 6. Miscellaneous. a. Building Location and Massing. See Chapter 4, Article 111, Section 3.H. for additional regulations pertaining to mixed use developments. b. Shade and Shelter. See Chapter 4, Article 111, Section 3.H. for additional regulations pertaining to mixed use developments. 52 SUMMARY OF 2018—2019 USPAP(Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form,format, or style of real property appraisal reports. The form, format, and style of the report are functions of the needs of intended users and appraisers. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report must: (a) clearly and accurately set forth the appraisal in the manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS R ULE 2-2(a) Each written rental property appraisal report must be prepared under one of the following options and prominently state which option is used:Appraisal Report or Restricted Appraisal Report. 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, unless the client has specifically requested otherwise; state the identity of any intended users by name or type; (ii) state the intended use of the appraisal; (iii) summarize information sufficient to idents 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 in 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; and (xii) include a signed certification in accordance with Standards Rule 2-3. 53 475.611 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. 54 Page 1 of 5 Vance Real Estate Service ANWONNNOMMIL 9 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 perfonm 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 perfonm 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.Government 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,Palm 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. 55 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 Farm 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 Successfully completed the following graduate 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) 56 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) 57 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) SEMINAR(AI) - 3 Hours"Hot Topics and Myths in Appraiser Liability"(1/26/2018) COURSE(AI) - 7-Hour National USPAP Update Course(2/9/2018) SEMINAR(AI) - 3 hours Florida Appraisal Law(2/9/2018) 58 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 59 I of 4 Vance Beal Estate Service ir 01% 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 60 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) 61 3 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) 62 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 63 _y r n it y, Valbridge l tr PROPERTY ADVISORS Appraisal Report Boynton Beach Town Square SEC of E Boynton Beach Blvd and S Seacrest Blvd Boynton Beach, Palm Beach County, Florida 33435 Report Date: 2/14/2018 All3ti ! id; yly 1� �. FOR: Boynton Beach Community Reinvestment Agency Mr. Michael Simon, C.F .A., LRES Executive Director 710 N Federal Highway Boynton Beach, FL 33435 y VIbritlgtle -01 10� �s,�i t yk$i sjln}iaSlstri jk}i Sk�i,jln}it{Is�i jls}isSln�i,jln i Sls�i jls}iaSln�i,jYs}i Sls�i jln}iaSln�i,jls}i Sls�i,jln}iaSls�i jls}i Sls�i jln}itSls�i C 4`F a q�ikd RValbridge 1\14@,i, PROPERTY ADVISORS 2711 Poinsettia Avenue West Pala Beach, Florida 33407 531-833-5331 phone 581-833-8231 fax valbri e.com 2/14/2018 Mr. Michael Simon, C.R.A., LRES Executive Director Boynton Beach Community Reinvestment Agency 710 N Federal Highway Boynton Beach, FL 33435 RE: Appraisal Report Boynton Beach Town Square SEC of E Boynton Beach Blvd and S Seacrest Blvd Boynton Beach, Palm Beach County, Florida 33435 Dear Mr. Simon: In accordance with your request, we have performed an appraisal of the above referenced property. This appraisal report sets forth the pertinent data gathered, the techniques employed, and the reasoning leading to our value opinions. This letter of transmittal is not valid if separated from the appraisal report. The subject properties, as referenced above, are generally located on the east side of S Seacrest Boulevard, extending from E Boynton Boulevard south to SE 2nd Avenue, in the City of Boynton Beach, Florida and are further identified as Assessor's Parcel Numbers (APN) 08-43-45-28-06-000- 0020, 08-43-45-28-05-014-0010, portion of 08-43-45-28-05-014-0020, and a portion of 08-43-45- 28-05-015-0020. The parcels are summarized in the chart below. North Parcel Middle Parcel South Parcel Intended Use 225 Residential Units;120 Room 200 Residential Units& 280 Residential Units;820 Space Hotel;65,000 SF Office/Retail 18,887 SF Retail Space Parking Garage;4,000 SF Public Space;and 927 Space Parking Space Garage Location Boynton Beach Blvd.south to NE West side of NE 1st St., E.Side of Seacrest Avenue to W. 1st Avenue,between Seacrest Blvd. between Ocean Ave.and NE Side of SE 1st St.&N.side of SE &NE 1st Street 1st Ave. 2nd Ave.to S.side of SE 1st Ave. Assessor's Parcel Number(s) 08-43-45-28-06-000-0020 08-43-45-28-05-014-0010& Portion of 08-43-45-28-05-015-0020 portion of 08-43-45-28-05-014- 0020 Size 3.71 acres 1.09 acres 3.83 acres Mr. Michael Simon „•, PROPERTY v idge�c��s Boynton Beach Community Reinvestment Agency Page 2 We developed our analyses, opinions, and conclusions and prepared this report in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute; the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA); and the requirements of our client as we understand them. The client in this assignment is Boynton Beach Community Reinvestment Agency and the intended user of this report is the Boynton Beach CRA and assigns and no others. The intended use is for internal use and decision-making purposes and no other use. The value opinions reported herein are subject to the definitions, assumptions and limiting conditions, and certification contained in this report. The acceptance of this appraisal assignment and the completion of the appraisal report submitted herewith are subject to the General Assumptions and Limiting Conditions contained in the report. The findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions which might have affected the assignment results: Extraordinary Assumptions: • We have been requested to appraise the subject property's underlying land value only, exclusive of any current improvements, as if zoned and approved for mixed-use development • Our value estimates are based on the proposed uses provided by the client and are subject to change if the uses or densities are different than those provided. Hypothetical Conditions: • None ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Mr. Michael Simon Valbr„•, �t� lm�t v idge�c��s Boynton Beach Community Reinvestment Agency Page 3 Based on the analysis contained in the following report, our value conclusions are summarized as follows: MEN North Parcel Middle Parcel South Parcel Residential Units $28,000 per Unit 225 Units $6,300,000 200 Units $5,600,000 280 Units $7,840,000 Hotel Rooms $21,000 per Unit 12(Units)Rooms $2,520,000 N/A - N/A ( Commercial Space $30.00 per SF 65,000 SF $1,950,000 18,887 SF $566,610 N/A (83,887 SF Total) tl B Totals(Rounded) $10,770,000 $6,150,000 a $7,840,000 g d a Respectfully submitted, Valbridge Property Advisors Boyd, Schmidt and Brannum Daniel Griffin David W. Boyd, MAI Senior Appraiser Senior Managing Director State-Certified General Real Estate Appraiser#RZ3393 State-Certified General Real Estate Appraiser#RZ354 Expiration Date: 11/30/18 Expiration Date: 11/30/18 ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum ��Q��v� �� BDYNTDNBEACH TDVVNSQUARE v��0��# �K�%�~~ pnopsnTv�ow/soes TABLE DFCONTENTS �� [ovorPago Letter ofTransmittal TableofContents.......................................................................................................................................................................i Summary ofSalient Fads--------------------------------------------------ii Aerialand Front Views............................................................................................................................................................iv LocationMap..............................................................................................................................................................................v Introduction.................................................................................................................................................................................1 ScopeofWork............................................................................................................................................................................4 Regional and Market Area Analysis.-------------_--------'---------_6 Cityand Neighborhood Analysis........................................................................................................................................9 SiteDescriptions.....................................................................................................................................................................14 SubjectPhotos.........................................................................................................................................................................22 Assessmentand Tax Data...................................................................................................................................................26 Highestand Best Use............................................................................................................................................................27 AppraisalMethodology.......................................................................................................................................................28 Land Valuation— Residential -----------------------------------'29 LandValuation Hotel.........................................................................................................................................................47 Reconciliation...........................................................................................................................................................................66 General Assumptions and Limiting Conditions..........................................................................................................67 Certification— Daniel Griffin...............................................................................................................................................74 Certification— David NiBoyd, MAI.................................................................................................................................75 Addenda....................................................................................................................................................................................77 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS SUMMARY OF SALIENT FACTS Surnmi of Salient Facts Summary Of Salient Facts North Parcel ; Middle Parcel South Parcel 3 3 t Intended Use i 225 Residential Units i 200 Residential Units s 280 Residential Units 3 3 t 120 Room Hotel ; 18,887 SF Retail Space 820 Space Parking Garage 3 65,000 SF Office/Retail Space 4,000 SF Public Space 3 927 Space Parking Garage 3 3 t 3 3 t Location i Boynton Beach Blvd.south to NE i West side of NE 1st St.,between E.Side of Seacrest Avenue to W. 31st Avenue,between Seacrest Blvd. ;Ocean Ave.and NE 1st Ave. Side of SE 1st St.&N.side of SE 3&NE 1st Street i 12nd Ave.to S.side of SE 1st Ave. 3 3 I 3 3 t Assessor's Parcel Number(s) 3 08-43-45-28-06-000-0020 1 08-43-45-28-05-014-0010 Portion of 08-43-45-28-05-015-0020 portion of 08-43-45-28-05-014-0020 3 3 t 3 3 t 3 3 t 3 3 t Size i 3.71 acres ; 1.09 acres 3.83 acres 3 3 t Zoning 3 Will be Zoned for Mixed Use ; Will be Zoned for Mixed Use Will be Zoned for Mixed Use Flood Zone 3 Flood Zone C; ; Flood Zone C; Flood Zone C; 3 Map No.1201960003C ; Map No.1201960003C Map No.1201960003C 3 3 t Proposed Improvements i Residential/Hotel/Retail/Office/ ; Residential/Ground Floor Retail Residential/Parking Garage 3 Institutional&Parking 3 3 t Number of Buildings 3 3 ; 1 1 Max Residential Density 3 50 Units per Acre ; 50 Units per Acre 50 Units per Acre (Overall) 3 3 t 3 3 t Owner i City of Boynton Beach ; City of Boynton Beach City of Boynton Beach 3 3 t 3 3 t 3 3 t Extraordinary Assumptions •We have been requested to appraise the subject property's underlying land value only,exclusive of any current im provements,as if zoned and approved for mixed-use development. •Our value estimates are based on the proposed uses provided by the client and are subject to change if the uses or densities are different than those provided. Hypothetical Conditions • None i 3 i Highest&Best Use 3 1 1 As Vacant i Residential/Mixed Use ; Residential/Mixed Use Residential/Mixed Use 3 3 t As Improved 3 Residential/Mixed Use ; Residential/Mixed Use Residential/Mixed Use Date of Appraisal Inspections 3 February 2,2018 ; February 2,2018 February 2,2018 3 3 t Date of Report i February 15,2018 ; February 15,2018 February 15,2018 ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page ii Valbridge BOYNTON BEACH TOWN SQUARE 3 RO ��,T y ADVISORS SUMMARY OF SALIENT FACTS North Parcel Middle Parcel South Parcel Residential Units $28,000 per Unit 225 Units $6,300,000 200 Units $5,600,000 280 Units $7,840,000 Hotel Rooms $21,000 per Unit 12(Units)Rooms $2,520,000 N/A - N/A ( Commercial Space $30.00 per SF 65,000 SF $1,950,000 18,887 SF $566,610 N/A (83,887 SF Total) Totals(Rounded) $10,770,000 $6,150,000 $7,840,000 Our findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions which might have affected the assignment results: Extraordinary Assumptions: • We have been requested to appraise the subject property's underlying land value only, exclusive of any current improvements, as if zoned and approved for mixed-use development. • Our value estimates are based on the proposed uses provided by the client and are subject to change if the uses or densities are different than those provided. Hypothetical Conditions: • None ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page iii Valbridge BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS AERIAL AND FRONT VIEWS Aerial and Front Views AERIAL VIEW W. ..... ........ ...... FRONT VIEW o al A 2018 VALBRIDGF PROPERTY ADVISORS Boyd,Schmidt and Brannum Page iv Valbridge BOYNTON BEACH TOWN SQUARE LOCATION MAP '.0 PROPERTY ADVISORS Location Map �. ; . Sf Lake-81 NE. t6tp,Avo f Wand nd Dr N1 1flr'q �iJseaview'rar l epart ,� 1r 0dPu1 p'9 L _# ry 1�� Off Wet De p�A",r� Shore u ° �l e NE 13th Ave 41 Norlh Rd OnIh Rd n s" NWV 12th Ave NE 12th Arae r " NE 12Ylt dem "ItthAve N E 1pthAve. t` I W t4arter7 Lather Kinig, fit"Biv NW Seh Ave NF."All Ave w � f fro �. f N +"4d8 `adspN p elt cay NW 6'Th Ave ',f Ocean I Rig e fir:+C7IPC!P�per"y � N��fah��aa� tpaAv e p Boyntor Ips U BVIR420C' COCA+rout Lrl N WAY& tAvt01, Ocean Ave 1 o Hudson Ave SW 2ndAve S L" 2nd Ave i 7 SW li'd Aye SE 31tx Av� S E Orth Aire SW 411h haveSt : a7 S t Sth Ave S' �dSh Ave E attl Ave � d SE 7 fi th AveLO 4� � SL S[p,Ave' 1 Harbouy Of SYS A0TIw Ave � : 10Harbour arbour qtr C tn' 1 R(I 9 P "as01In hCa u t' S€'.12€h Ave �t SW 12tp1 Ave gra Dr SIN 130 Ave Ln kY hFWORIboo l t Rd f E M rOolbright Ras beathw y nr €s al pn' ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page v Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS INTRODUCTION Introduction Client and Intended Users of the Appraisal The client in this assignment is Boynton Beach Community Reinvestment Agency and the intended user of this report is the Boynton Beach CRA and assigns and no others. Intended Use of the Appraisal The intended use of this report is for internal use and decision-making purposes and no other use. Real Estate Identification The subject properties are generally located at SEC of E Boynton Beach Blvd and S Seacrest Blvd, Boynton Beach, Palm Beach County, Florida 33435. The subject property is further identified by Assessor Parcel Number 08-43-45-28-06-000-0020, 08-43-45-28-05-014-0010, portion of 08-43-45- 28-05-014-0020, and a portion of 08-43-45-28-05-015-0020. Legal Description Lengthy legal description of multiple properties. We were not provided a legal description for the individual subject properties. The parent tract of the subject properties generally encompasses all of the land from Boynton Beach Boulevard south to SE 2nd Avenue and from Seacrest Boulevard east to 1s' Street. Use of Real Estate as of the Effective Date of Value As of the effective date of value, the subject was a civic-use property. Use of Real Estate as Reflected in this Appraisal We have been requested to appraise the subject property's underlying land value only, exclusive of any current improvements, as if zoned and approved for mixed-use development. Ownership of the Property According to the Public Records of Palm Beach County, Florida, title to the subject property is vested in the City of Boynton Beach. History of the Property Ownership of the subject property has not changed within the past three years. The current owner acquired the subject properties between January 1971 and October 2009. The subject property is proposed to be redeveloped into a mixed-use property with residential, retail, civic and public components. As of the date of this appraisal, no specific plans have been finalized. The city is currently proposing between 705 residential units, 83,887 square feet of commercial space, approximately 1,900 garage parking spaces, and multiple civic/public use buildings. We note that we have been requested to appraise the underlying land only as if the zoning will allow mixed-use development. See Extraordinary Assumptions 1 and 2. Listings/Offers/Contracts The subject is not currently listed for sale or under contract for sale.. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 1 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY,ADVISORS INTRODUCTION Type and Definition of Value The appraisal problem (the term "Purpose of Appraisal' has been retired from appraisal terminology) is to develop an opinion of the market value of the subject property. "Market Value," as used in this appraisal, is defined as "the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus." Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: • Buyer and seller are typically motivated. • Both parties are well informed or well advised, each acting in what they consider their own best interests; • A reasonable time is allowed for exposure in the open market; • Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and • The price represents the normal consideration for the property sold unaffected by special or creative financing or sale concessions granted by anyone associated with the sale."1 The value conclusions apply to the value of the subject property under the market conditions presumed on the effective dates) of value. Please refer to the Glossary in the Addenda section for additional definitions of terms used in this report. Valuation Scenarios, Property Rights Appraised, and Effective Dates of Value Per the scope of our assignment we developed opinions of value for the subject property under the following scenarios of value: As Is Market Value of the Fee Simple Interest February 2, 2018 We completed an appraisal inspection of the subject property on 02/02/2018. Date of Report The date of this report is 2/14/2018, which is the same as the date of the letter of transmittal. Assumptions and Conditions of the Appraisal The acceptance of this appraisal assignment and the completion of the appraisal report submitted herewith are subject to the General Assumptions and Limiting Conditions contained in the report. The findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions which might have affected the assignment results: 1 Source:Code of Federal Regulations,Title 12,Banks and Banking,Part 722.2-Definitions ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 2 Ar� BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS INTRODUCTION Extraordinary Assumptions • We have been requested to appraise the subject property's underlying land value only, exclusive of any current improvements, as if zoned and approved for mixed-use development. • Our value estimates are based on the proposed uses provided by the client and are subject to change if the uses or densities are different than those provided. Hypothetical Conditions • None ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 3 Valbridge BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS SCOPE OF WORK Scoii of Work The elements addressed in the Scope of Work are (1) the extent to which the subject property is identified, (2) the extent to which the subject property is inspected, (3) the type and extent of data researched, (4) the type and extent of analysis applied, (5) the type of appraisal report prepared, and (6) the inclusion or exclusion of items of non-realty in the development of the value opinion. These items are discussed as below. Extent to Which the Property Was Identified The three components of the property identification are summarized as follows: • Legal Characteristics - The subject was legally identified via client, public records and on-site inspection. • Economic Characteristics - Economic characteristics of the subject property were identified via research of Co Star Comps, Loopnet, in-house data sources, and discussions with local brokers active in the immediate market area, as well as a comparison to properties with similar locational and physical characteristics. • Physical Characteristics - The subject was physically identified via an exterior only inspection by Dan Griffin and David Boyd, MAI. Extent to Which the Property Was Inspected We inspected the subject on 02/02/2018. The improvements were not measured during the course of the inspection. Type and Extent of Data Researched We researched and analyzed: (1) market area data, (2) property-specific market data, (3) zoning and land-use data, and (4) current data on comparable listings and transactions. We also interviewed people familiar with the subject market/property type. Type and Extent of Analysis Applied (ValuationMethodology) We observed surrounding land use trends, the condition of any improvements, demand for the subject property, and relevant legal limitations in concluding a highest and best use. We then valued the subject based on that highest and best use conclusion. Appraisers develop an opinion of property value with specific appraisal procedures that reflect three distinct methods of data analysis: the cost approach, sales comparison approach, and income capitalization approach. One or more of these approaches are used in all estimations of value. • Cost Approach - In the cost approach, the value indication reflects the sum of current depreciated replacement or reproduction cost, land value, and an appropriate entrepreneurial incentive or profit. • Sales Comparison Approach - In the sales comparison approach, value is indicated by recent sales and/or listings of comparable properties in the market, with the appraiser analyzing the impact of material differences in both economic and physical elements between the subject and the comparables. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 4 Valbridge BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS SCOPE OF WORK • Income Capitalization Approach - In the income capitalization approach, value is indicated by the capitalization of anticipated future income. There are two types of capitalization: direct capitalization and yield capitalization, more commonly known as discounted cash flow (DCF) analysis. • Approaches Applied - All of these approaches to value were considered. We assessed the availability of data and applicability of each approach to value within the context of the characteristics of the subject property and the needs and requirements of the client. Based on this assessment the Sales Comparison Approach was developed. Further discussion of the extent of our analysis and the methodology of each approach is provided later in the respective valuation sections. Appraisal Conformity and Report Type We developed our analyses, opinions, and conclusions and prepared this report in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation; the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute; the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA); and the requirements of our client as we understand them. This is an Appraisal Report as defined by the Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2a. Personal Property/FF All items of non-realty are excluded from this analysis. The opinion of market value developed herein is reflective of real estate only. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 5 ��Q��v� �� BDYNTDNBEACH TDVVNSQUARE ��0�# �� REG 0N�ANDMAR�TAREAANA�� pnopsnrv�ow/��es e ~ l d Market Area Analysis l ~ REGIONAL MAP Pailm iings SU biect Property ni Beach tray Beach 11181 Ciouni FL ca Raton Overview The subject is located inthe City ofBoynton Beach, located in Palm Beach County, FL. Palm Beach County encompasses the West Palm Beach-Boca Raton-Delray Beach, FL Metropolitan Division, which falls within the Miami-Fort Lauderdale-West Palm Beach, FL Metropolitan Statistical Area (K4SAj' as defined by the U.S. Census Bureau. It is located along the southeast coast of Florida, situated approximately 40 miles north of Miami, 280 miles south of Jacksonville, and 175 miles southeast of Orlando. Nearly rectangular in shape, Palm Beach County measures about 45 miles north south and 53 miles east-west, it contains 2'023 square miles and is the largest county in land area within the state. It is bounded on the oast by the Atlantic Ocean, on the north by Martin County, on the northwest by Lake Okeechobee, on the west by Hendry County and on the south by Brovvard [ountv. PnQU|BtiOn The majority of the county's population is concentrated within a 20-mi|o wide strip extending 45 miles along the Atlantic coastline. This strip has experienced the most intense development. As the population continuos to grow more of the growth will take place in the western portion of the county. @20I8vAmxmc/ pxopm|vADVISORS� Boyd,Schmidt and umnnvm Page Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS REGIONAL AND MARKET AREA ANALYSIS Palm Beach County is the state's third most populous county and experienced explosive population growth in the 1980's and 1990's, increasing by 96.1% from 1980 to 2000. From 1990 to 2000, the population in Palm Beach County has grown an additional 31.0% to 1,131,184. During this period (the 1990's) the state population grew 23.5% and the national grew 13.2%. From 2000 to 2010 the population in Palm Beach County grew an additional 16.7%, while the state population grew 17.6%. Going forward, this trend is expected to continue with the state population growth outpacing that of the county. Population characteristics relative to the subject property are presented in the following table: o ulation United States 281,421,906 308,745,538 327,514,334 0.8% 341,323,594 0.8% Florida 15,982,378 18,801,310 20,619,313 1.3% 22,062,364 1.4% Palm Beach County, FL 1,131,184 1,320,134 1,441,728 1.3% 1,530,085 1.2% Boynton Beach, FL 60,289 68,217 75,782 1.5% 81,179 1.4% Source: Site-to-Do-Business (STDB Online) Employment Palm Beach County is home to thousands of successful small and medium size companies, as well as many corporate, regional and Latin American headquarter operations in a broad spectrum of industries. Although the county has a variety of goods and service producers, the largest sectors are aerospace and engineering, agriculture and food processing, business and financial services, and medical and pharmaceutical producers. The following table shows the total number of employees by industries and the total percentage employed by each industry in Palm Beach County. Employment by Industry- Boynton Beach, FL Agriculture/Mining 71 0.20% Construction 1,667 4.70% Manufacturing 1,100 3.10% Wholesale trade 745 2.10% Retail trade 4,789 13.50% Transportation/Utilities 1,490 4.20% Information 674 1.90% Finance/Insurance/Real Estate Services 2,554 7.20% Services 21,285 60.00% Public Administration 1,100 3.10% Total 35,475 100.00% Source: Site-to-Do-Business(STDB Online) ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 7 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS REGIONAL AND MARKET AREA ANALYSIS Unemployment The following table exhibits current and past unemployment rates as obtained from the Bureau of Labor Statistics. The state of Florida, Palm Beach County included, was one of the hardest hit areas, in terms of unemployment, both during and after the Great Recession of 2007-09. However in recent years, Palm Beach County has enjoyed a large decrease in its unemployment rate, comparing favorably to the averages of both the state of Florida and the United States. The year-to-date average unemployment rate for Palm Beach County is 3.6%. Un e to ent Rates United States 9.3% 8.5% 7.9% 6.7% 5.6% 5.0% 4.7% 4.1% Florida 10.7% 9.0% 7.8% 6.6% 5.8% 5.1% 4.9% 3.6% Palm Beach County, FL 10.6% 8.8% 7.7% 6.0% 4.8% 4.6% 4.6% 3.6% Boynton Beach, FL 10.4% 9.0% 8.0% 6.1% 4.9% 4.8% 5.0% 3.8% Source: Bureau of Labor Statistics - Seasonally Adjusted Year End Median Household Income Total median household income for the region is presented in the following table. Overall, Palm Beach County falls in line with the national average and compares very favorably to the state of Florida as a whole. Median Household Income United States $56,124 $62,316 2.2% Florida $50,606 $56,217 2.2% Palm Beach County, FL $55,924 $63,118 2.6% Boynton Beach, FL $49,703 $55,140 2.2% Source: Site-to-Do-Business(STDB Online) Conclusion Palm Beach County's base industries have historically been agriculture and tourism. Over the past 30 years, other industries, such as manufacturing and medical development, have developed and now represent a major component of the economy. The high levels of household income are indicative of a higher professional market which is supported by the extraordinary levels of high tech "clean industry"formation in the county. Palm Beach County is distinct from most areas in Florida as well as the United States. The economic outlook for Palm Beach County is strong. The trend for the area is positive and still growing as indicated by the economic indicators, though at a continued slower rate than past decades. In the real estate industry, the principle of supply and demand comes into significant play in the area. The supply of buildable land is decreasing while the demand of incoming businesses and population increases. The result is that the remaining vacant land is becoming more valuable and property values are expected to continue to increase. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 8 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS CITY AND NEIGHBORHOOD ANALYSIS Cityr and Neighborhood Analysis NEIGHBORHOOD MAP 11�1aiiran Rd ' Lail" na Rd 11 r f � nr I� LX G �'` Subject Property i± Q I J fl,sy"n nw Beavil &,,,- 4YR60 un�Git cH C3il d"-�5 ,�- i02 tits each i 'JI t u �n ZE 'aye h �tul r - mss �+ J Run:k41F � G Ylllll )U2 Y '�4 z x�� of Pick ,...: ,i� 1 � Deli beach li tri#{r t3� Boynton Roach, CityLimits Overview The subject is located in the City of Boynton Beach in Palm Beach County. As presented in the table in the previous section, the city's population as of 2017 was 75,782 Neighborhood Location and Boundaries The subject neighborhood is located in the downtown section of Boynton Beach. The area is suburban in nature. The neighborhood is bounded by Gateway Boulevard to the north, Federal Highway to the east, Woolbright Road to the south, and Interstate 95 to the west. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 9 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS CITY AND NEIGHBORHOOD ANALYSIS Demographics The following table depicts the area demographics in Boynton Beach within a one-, three-, and five- mile radius from the subject. Neighborhood a ora ics mcm Population Summary 2000 Population 12,127 66,443 155,981 2010 Population 12,451 74,588 172,906 2017 Estimated Population 14,688 82,148 186,877 2022 Estimated Population 16,114 87,654 197,775 Annual % Change (2017 - 2022) 1.9% 1.3% 1.2% Household Summary 2000 Households 4,724 29,044 68,280 • Owner Occupied 53.7% 59.7% 63.4% • Renter Occupied 27.5% 23.3% 20.4% 2010 Households 4,883 32,175 74,659 • Owner Occupied 43.8% 50.0% 56.3% • Renter Occupied 29.5% 28.0% 24.0% 2017 Estimated Households 5,853 35,397 80,310 • Owner Occupied 38.8% 46.1% 52.5% • Renter Occupied 36.3% 33.6% 28.7% 2022 Estimated Households 6,452 37,735 84,789 • Owner Occupied 37.4% 45.6% 52.0% • Renter Occupied 37.6% 34.5% 29.3% Annual % Change (2017 - 2022) 2.0% 1.3% 1.1% Income Summary 2017 Estimated Median Household Income $44,983 $48,691 $51,267 2022 Estimated Median Household Income $50,402 $54,398 $57,342 Annual % Change 2.4% 2.3% 2.4% 2017 Per Capita Income $28,436 $30,684 $32,620 2022 Per Capita Income $32,316 $34,803 $37,035 Annual % Change 2.7% 2.7% 2.7% Source: Site-to-Do-Business(STDB Online) Description The major north/south roads in the area are A1A, Federal Highway and I-95. Federal Highway is a major commercial thoroughfare. I-95 is a major, limited access highway that forms the western neighborhood boundary and runs along the entire eastern seaboard, from Miami, Florida to the northern Maine. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 10 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS CITY AND NEIGHBORHOOD ANALYSIS There is a good mix of land uses in the subject neighborhood. Commercial and retail uses are primarily along the major thoroughfares of Federal Highway, Gateway Boulevard, Woolbright Road and Boynton Beach Boulevard. Other uses surrounding the commercial corridors are primarily residential in nature, with many multi-family apartment complexes and single family neighborhoods. The subject properties are generally located south of Boynton Beach Boulevard and east of Seacrest Boulevard and extend east to 1s' Street. This location is approximately 1/z mile east of Interstate 95. The subject property is currently improved with various public buildings including: City Hall, Library, School, and Fire Station. The intracoastal is situated approximately 1/z mile east of the subject property. This is where the majority of newer development has taken place within the subject neighborhood. The subject property is currently improved with various residential and commercial structures that will be razed prior to development. This is the area where the majority of newer development has taken place within the subject neighborhood. Residential developments within the neighborhood include: Marina Village at Boynton Beach located along the intracoastal at the terminus of Boynton Beach Boulevard; Manatee Bay located on Federal Highway,just south of Gateway Boulevard; Promenade and Casa Costa (Condominiums) located on Federal Highway, just north of Boynton Beach Boulevard; Peninsula on the Intracoastal (Condominium) located on Federal Highway, just north of Gateway Boulevard, and One Boynton (formerly Las Ventanas) at the northwest corner of Woolbright Road and Federal Highway. There are several residential complexes either under development or planned for development in the near future. If developed these properties will add more than 1,000 apartment units within 1 square mile. We note that this would include the subject property. These new or proposed developments include: • 500 Ocean (Under Development) - is a new, 340-unit apartment development that is under construction at the corner of Ocean Avenue and Federal Highway directly east of the subject property along the railroad tracks. It will include a rooftop dog park, mini-bowling lanes, and a private movie theater. They are currently leasing units and construction is anticipated to be completed during the 1s' or 2nd quarter of 2018. • Villages at East Ocean (Approved) — located at Boynton Beach Boulevard, south past Ocean Avenue and east of NE 3rd Street. The property is approved for a mixed-use project that will consist of 2 development parcels referred to as North and South. The North parcel is proposed to be developed with 336 apartment units, 8,025 square feet of retail space, and 4,232 square feet of restaurant space. The South Parcel is proposed to be developed with 35 apartment units including 5 townhomes and 3,500 square feet of retail space. There is no stated timeline for development. • Ocean One (Approved) — located at the northeast corner of Federal Highway and Ocean Avenue. The current plans feature a 231-unit apartment complex in an 8-story building along with some ground floor retail space. There is no stated timeline for development. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 11 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS CITY AND NEIGHBORHOOD ANALYSIS • Riverwalk Plaza (Approved) — located at the southeast corner of Federal Highway and Woolbright Road. The development will feature a 10-story residential building with 326 units and also include the renovation of some surrounding commercial buildings. Construction is slated to begin in January 2018 and construction on the residential portion will not begin until late 2018. • Town Square (Approved) — is a redevelopment of city owned property that currently consists of fire/police station, library, City Hall and other buildings. The plans call for a $280 million project that will add shops, hotel, parking garages, amphitheater, and approximately 460 residential units. The site is at the southeast east corner of Boynton Beach Boulevard and Seacrest Boulevard. Construction is anticipated to begin in the 2nd quarter of 2018. 6 Z�) i 4 � I t r a i With the increased number of residents in the area, there is a strong likelihood that there will be a commuter train station on the east side of the railroad tracks, in between Boynton Beach Boulevard and Ocean Avenue. This would be known as a Tri-Rail Coastal Link which would be served by the Tri- Rail system which runs from West Palm Beach to Miami International Airport with approximately 16 stops in between. Just outside the subject neighborhood are some other regional places of interest. The nearest colleges to the subject neighborhood are Palm Beach State College in Lake Worth (approx. 8 miles northeast) and Florida Atlantic University in Boca Raton (approx. 15 miles south). The nearest regional shopping mall is the Boynton Beach Mall (approx. 4 miles northeast) which includes 1.2 Million square feet of retail space with a Muvico Cinema. Quantum Business Park (approx. 2.5 miles northeast) is an 800,000 square foot office/industrial distribution center which serves as a major employer in the Boynton Beach area and is estimated to provide over 5,000 jobs. The Bethesda Memorial Hospital is located approximately two miles southwest of the subject property on the west side of Seacrest Boulevard. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 12 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS CITY AND NEIGHBORHOOD ANALYSIS In addition, Delray Beach is located approximately 4.5 miles south of the subject neighborhood and has become a very popular destination in South Florida. Atlantic Avenue, east of Interstate 95 is considered the "downtown" area of Delray Beach and has numerous shops, bars, restaurants, hotels, offices, condominiums, and rental developments on or surrounding Atlantic Avenue. This submarket had the fastest population growth in the county, at nearly 13% over the last 5 years. Conclusions The life-cycle stage of the of the subject neighborhood as of the date of appraisal is considered to reflect revitalization. The majority of the land within the subject neighborhood has been developed for a number of years; however there has been some new residential development in recent years with more planned for the future. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 13 Valbridge BOYNTON BEACH TOWN SQUARE „•. PROi ADVISORS SITE DESCRIPTION Site Descriptions The subject sites are generally located south of Boynton Beach Boulevard and east of Seacrest Boulevard and extend east to 1s' Street within the City of Boynton Beach. The characteristics of each of the sites are summarized as follows: Site Characteristics Intended Use i Residential/Hotel/ i Residential Residential/Parking jCnmmarrial/Parkinn Land Area(Acres) i 3.70 acres i 1.09 acres 3.83 acres E 3 I 3 E 3 I 3 Land Area(Sli ! 161,172 ! 47,480 166,835 E 3 I 3 E 3 I 3 E 3 I 3 E 3 I 3 E 3 I 3 E 3 I 3 Shape i Rectangular i Rectangular Rectangular E 3 I 3 E 3 I 3 Topography i Generally Level&Improved i Generally Level&Improved Generally Level&Improved w/structures ! w/structures w/structures E 3 I 3 Drainage ! Appears Adequate ! Appears Adequate Appears Adequate E 3 I 3 E 3 I 3 Utilities i Available to Site i Available to Site Available to Site E 3 I 3 E 3 I 3 Interior or Corner i Four Corners i Double Corners Four Corners E 3 I 3 E 3 I 3 Access i Good i Good i Good E 3 I 3 E 3 I 3 Visibility ! Good ! Average Average E 3 I 3 E 3 I 3 Frontage(Street) i Boynton Beach Boulevard i NE 1st Street SE 2nd Avenue E 3 I 3 E 3 I 3 Frontage Feet i 563' i 273' 590' E 3 I 3 E 3 I 3 E 3 I 3 E 3 I 3 E 3 I 3 E 3 I 3 Flood Map Panel/Number ! Map No.1201960003C ! Map No.1201960003C Map No.1201960003C E 3 I 3 E 3 I 3 Flood Map Date i September 30,1982 i September 30,1982 September 30,1982 E 3 I 3 E 3 I 3 Flood Zone i Zone C i Zone C Zone C I Soil Type !The development on surrounding parcels evidences apparent adequate soil conditions to !support physical development.We assume no responsibility for hidden or unapparent !conditions beyond the area of our expertise as appraisers E 3 E 3 � a Environmental Issues ! N/A ! N/A N/A Easements/Encroachments !Typical utility easements that do not affect the highest and best use of the subject. E 3 E 3 Zoning Jurisdiction i City of Boynton Beach i City of Boynton Beach City of Boynton Beach E 3 I 3 E 3 I 3 Zoning Classification(current) i PU I REC,Public Usage i PU I REC,Public Usage PU I REC,Public Usage Recreation i Recreation i Recreation E 3 I 3 E 3 I 3 Zoning Classification(proposed) ! MU-3,Mixed Use-3 ! MU-3,Mixed Use-3 MU-3,Mixed Use-3 E 3 I 3 Future Land Use(current) ! PPGI-Public&Private ! PPGI-Public&Private ! PPGI-Public&Private Governmental/Institutional i Governmental/Institutional Governmental/Institutional E 3 I 3 E 3 I 3 Future Land Use(proposed) i MXM,Mixed Use Medium i MXM,Mixed Use Medium MXM,Mixed Use Medium E 3 I 3 E 3 I 3 Permitted Uses i Various public&private uses i Various public&private uses Various public&private uses E 3 I 3 � a Zoning Comments lThe subject property is currently improved with various public buildings including:City Hall, Library,Art Center,Amphitheatre,and Fire Station. We have provided a list of the current !improvements on the following page. However,we have been requested to value the !underlying land ONLYas if the zoning was changed to Mixed Use. Given the size,location, land physical attributes of the subject property,it could potentially be developed with a wide lvarietyof residential,retail,or office uses. E 3 f 3 ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 14 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS SITE DESCRIPTION Subject Parcels with Planned Uses North Parcel Middle Parcel South Parcel Residential Units 225 Units 200 Units 280 Units Hotel Rooms 120 Rooms (Units) Commercial Space 65,000 SF 18,887 SF (83,887 SF Total) - AERIAL MAP IN pls n , - � t F r .y a . wvist � fit ' aiy { r � H u - (4 s h � I �c@an +4v�` e i � k t +" 11 r r� ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 15 Valbridge BOYNTON BEACH TOWN SQUARE „•. PROPERTY ADVISORS SITE DESCRIPTION PARCEL MAP Baynton Beach Blvd E li Bracts Blvd m7777777777771, at 0079 N 0 r 'iii< 9119 NVid 1st Ave NE 1st Avg a`NE 1stAkvajt .. a w s 02(� 0041 , 4p25� 4 9� 4a3 062 410 p13a W Ocean,Ave E'Ocean Avg E Ocean Ave 0050 000 0120 0141 9941 079 M0 0042 0220 0 9311 93319399 0401 0111 6121 0240 $W 1 s1 Ave 2al311 Avg SE 1st Ave 0170 0071 0012 @ 940 070 q0?99 9119 0130(n 50 0061 0051 00411 C31 0021 ik199 tt4 9A72 9+211 i Cr226 0 0325 OM 0360 9350.. 040 6094 0141 0111 01U 9140. 0154 A260 SV40 2nd Ave SF 2nd Ave $E 221141 Ave ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 16 Valbridge BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS SITE DESCRIPTION 4 4RkN a s � - w•o 9fi�z.Y' ' .. €aARGLKi9;7-rra«rd r ffH �. AREA..�FG{PT ASC. YR�.4 Sd;ry - dL.r M 1 ik tlti.4F9 -- (r z i59 ........_.. _ _N.E. SF �Vi a In N.T`.i!5'tEJ ds' ':(Y •sa s C.s4Y�i e" PARCEL Is. 16._ a *d AREA-1-09AC rTe" I } I 4 I Al Ali-NIL "u M",71.1 -at, �. AEAa'r �w Fsltsx .-; Iw �. mfl:vxflt �?Co P7+_1N f+A:YX eP F COMDO rya n FAR4kS.'1R3 ( , ... ....... MOCK 16 &V�' TJO� 'o*il or,'90mr0m OF P� a� xa' i it #t7 f .u. iv nt rv[i 8.4ik 7 uv'N,¢ ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 17 Valbridge BOYNTON BEACH TOWN SQUARE „•. PROPERTY ADVISORS SITE DESCRIPTION FLOOD MAP `gg Flood i Lavei 77 7107. �t 4 s r s had d) r jI�"- '^ f.- �E' yfj f k � 4 v 4 w11 IMAL1,FLCQIC� CJ Ah k — ;� �P cq � 1 CENSUS TRACT MAP I « Z I� ri I Wi Iry r'T�N,; •. r a u Marl'n La lh(gf Kil)9 jr Blvd -r NW h Ave4,Qltls AveNL 9P,Ai,, =s 60 61 0l0 li 6IL � OQ J �b ctrl x '1 N u ALL, Iii. th Ave J a i NIF 61,h ter,_ C, Mad7gr'Clu€ f a 4` parr,41 1. park,Bii>ai h 6100 Two George, .CK V J Ln t sr�rkpy rYi,� ��Ava Nsi,a=we �i� w im"8,A§ Ave 0c,e J,4 Ri 9Te, ak[i r[G 5 x5a i`i^t n'JP E s�p5t 5'E r SN 2nd Avk,.ti €�1 Rldi,41ih Ave 5th Ave r.� h' r> 31W bth Ave �mbied n Ridge � � Averiline at SIN`I sah Ave ')r ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 18 Valbridge BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS SITE DESCRIPTION ZONING MAP City of Boynton Beach Official Zoning Map ----------------------------------------------------------------- -1--l" 'kW .......... Subject Property REC ---------- owl 9w wi m1 , Legend m LH . , 5 T77 eft%1P RlA S.V.F—ly RIAAS$,.911 RIAA OhgW`..1PV9 RIA Sii y R1&ngl.Family R2 D.P1. Ra wrF.111y PUD PI—du n IFUD I.fill Fl-wd URD—li C2 Ndi C.—Id.i C4 Genv.i com .ate COD C"lD-i— PCD pl—d C..—ml D— &1.P.— F-7 ,il,� - ur I'Dilt i P10 PJa-ed nd.3t,141 Devftp.Wt PV Pit47U.ffe REG R— bon SMU Sb.6.Mked Use MV-LM dU"L—I --J FAV—LMd U-t.— IAU=L Meed Use L—7 R 1 P', 91-ok K -L Mixto UsL- 40U.N M U-Hnb .......... 'XI j.......... Source: Development Dept., Planning and Zoning rvll� Copyright Palm Beach County Florida 2006 - 2012 All Rights Reserved - Subject to & License Agr*dMOnt. W11 All" I'V 2018 VALBRIDGF PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 19 Valbridge BOYNTON BEACH TOWN SQUARE „•. PROPERTY ADVISORS SITE DESCRIPTION FUTURE LAND USE MAP City of Boynton Beach Official Future Land Use flap : r 1 .,�.� n�«t: Legend ®Commundy Rt6evpfoparent Aaea ®Urban CBD ®TCEA Eatmlary �. _.....Cly SuaMaoy - - DOW , MTER Land Us 0..Hptimn r It �r LOW DENSITY RESIDENIALILDR)Maw.4 U D.UJAcre ...... .:r --- I) MBDERATL OENSIIY R�S9PENTIAL(M4URI M€M 7 2&D UdA _ �J MEDIUM DENVTY RESIDENTIAL RAEOR)Mar9.52 DU1Atre HIGH DENSITY RESIDENTIAL(FDR)1.9.TOB D U.:AeecEmma AN"iSn` SPECIAL HIGH DENSITY RESID€NTtAL(SHDRD - i OFFICE COMMERCIAL 14C) �- r I�LacAL RE rnlL cauIi aFC } GENERAL COMMERCIAL(GC) kL y INDUSTRIAL{L I1` i� ' RECREATIONAL(RN 4/q PU6L1C&PRtlVAT£GdV€RNMENThlkN311�i3NA6(PRG1} >< MIXED WE(W) � ffo MIXED USE CORE(MXQ 3. - ur„�—s )p 'WkdIXEUtPsESUEUR§AN EMXS) DEVELOPMENTOFREGIONNLIMPACTEDRI) Ilu4 CONSERVATION IGONP 4 I CONSERVATION OVERLAY jC"O) } i; YP�r ......... ..... »:........ ...,.., L1 Ei m ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 20 Lu Ot Q O b s � � pWp g QE�- itw Fd Ce . ]LA*0P;�� swim ge�SE .f m Mom tiy1 i}114 M i Sit�i if}{� ya a� - tii i 4 f£ii s s ti iii � } ✓� - � �r{tl f4 Syiilsi£ � t} i LP s r ii Ji .{ 1 - WON W Z 0 ce 71 s + EE f £ m slim l oil �tfim s� w �iaue�r�xe�nc `�W 7fj2 g s ?' a F.C9 o1151�� il ji id Q 1 � 1 1 CP i o tl�•4. a�l JAd➢.I6N`Afl MtA! f T,• '0 to ,, O � N � O Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS SUBJECT PHOTOS Subject Photos s ,�u„ I t }r "��, 1 n. 101 View from Seacrest Boulevard Looking NE towards Boynton Beach Blvd. and City Hall a, ,�,FIS}uirrr� View from Seacrest Boulevard Looking East towards NE 15t Ave. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 22 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS SUBJECT PHOTOS , J »� View Looking East down NE 15t Ave. n tial= 5 � 4 View Looking Southwest along NE 1s' Street ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 23 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS SUBJECT PHOTOS Rj h r> J � I t a y r s }i y}1ht z„ View Looking North along SE 1s' Street �x r t I�t�Yl�tl V\14 I , I (+LSA} Interior View of Parcel #3 ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 24 Valbridge BOYNTON BEACH TOWN SQUARE „•. PROPERTY ADVISORS SUBJECT PHOTOS { t s View of NWC of SE 2nd Avenue & SE 1s' Street �f r: r ` t �i •y { ii' fr I� III � a d t {fi 4 r. { View looking west down SE 15t Avenue ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 25 Valbridge BOYNTON BEACH TOWN SQUARE 3 IBROi ADVISORS ASSESSMENT AND TAX DATA Assessment and Tax Data Assessment Methodology In the State of Florida, ad valorem assessments, by law, reflect 100% of estimated market value. Ad valorem taxes are collected annually, in arrears, and are based on the assessed value less any exemptions such as homestead, widow and disability. The tax year is from January to December, and taxes are due on March 31 of the following calendar year, and become delinquent on April 1. Taxes may be paid early, with a discount for early payment. Assessed Values and Property Taxes The subject's assessed values, applicable tax rates and total taxes, including direct assessments, are shown in the following table: 2017 Real Estate Assessment&Taxes 1 08-43-45-28-06-000-0020 3.70 Ac. North Parcel $2,121,966 $9,971,112 $12,093,078 $12,093,078 $0 $0 $0 $0 2 08-43-45-28-05-014-0010 .63 Ac. Center-East Parcel $374,379 $2,580 $376,959 $376,959 $0 $0 $0 $0 3 08-43-45-28-05-014-0020 .46 Ac. Center-West Parcel $273,745 $59,363 $333,108 $333,108 $0 $0 $0 $0 4 08-43-45-28-05-015-0020 3.83 Ac. South Parcel $1,883,570 $5,881,831 $7,765,402 $7,765,402 $0 $0 $0 $0 4 Total Parcels 8.62 Ac. $20,568,547 $0 $0 We note that the subject is a portion of parcels 3 and 4 shown in the above chart. We have allocated the assessed value of these properties based on the property sizes. We note that the subject parcels currently have an exemption from all taxes since all the parcels are owned by the City of Boynton Beach. There are no unpaid taxes from previous years. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 26 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS HIGHEST AND BEST USE Hir4hest and Best Use The Highest and Best Use of a property is the use that is legally permissible, physically possible, and financially feasible which results in the highest value. An opinion of the highest and best use results from consideration of the criteria noted above under the market conditions or likely conditions as of the effective date of value. It represents an opinion, not a fact. In appraisal practice, the concept of highest and best use represents the premise upon which value is based. Analysis of Highest and Best Use As If Vacant In determining the highest and best use of the property as if vacant, we examine the potential for: 1) near term development, 2) a subdivision of the site, 3) an assemblage of the site with other land, or 4) holding the land as an investment. Legally Permissible The subject site is zoned PU I REC, Public Usage I Recreation which controls the general nature of permissible uses but is appropriate for the location and physical elements of the subject, providing for a consistency of use with the general neighborhood. However, we have been requested to value the underlying land ONLY as if the zoning was changed to Mixed Use. For our analysis we have assumed that the underlying land is re-zoned for MU-3, Mixed Use-3. There are no known easements, encroachments, covenants or other use restrictions that would unduly limit or impede development. Physically Possible The physical attributes allow for a number of potential uses. Elements such as size, shape, availability of utilities, known hazards (flood, environmental, etc.), and other potential influences are described in the Site Description and have been considered. There are no items of a physical nature that would materially limit appropriate and likely development. We note that we are appraising the underlying land ONLY. Financially Feasible The probable use of the site for mixed-use development conforms to the pattern of land use in the market area. A review of published yield, rental and occupancy rates suggest that there is a balanced supply and demand is sufficient to support construction costs and ensure timely absorption of additional inventory of residential, hotel or retail space in this market. Therefore, near-term speculative development of the subject site is considered financially feasible. Maximally Productive Among the financially feasible uses, the use that results in the highest value (the maximally productive use) is the highest and best use. Considering these factors, the maximally productive use as though vacant is for mixed use. We note that the current plan will allow approximately 705 multi- family residential units, up to 120 hotel rooms and approximately 83,887 sf of commercial space. Conclusion of Highest and Best Use As If Vacant The conclusion of the highest and best use as if vacant is for mixed use. Most Probable Buyer As of the date of value, the most probable buyer of the subject property is a developer. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 27 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS COST APPROACH Ar%r%raisal Methodology Fli Three Approaches to Value There are three traditional approaches typically available and applied to the appraisal of land: the sales comparison, land development and the income residual approach. Sales Comparison Approach The most often used approach is the direct sales comparison approach. The sales comparison approach involves the direct comparison of sales and listings of similar properties, adjusting for differences between the subject property and the comparable properties. This method can be useful for valuing general purpose properties or vacant land. For improved properties, it is particularly applicable when there is an active sales market for the property type being appraised — either by owner-users or investors. Land Development Approach A second method of land appraisal is the land development approach. This approach involves estimating the development costs of installing all utilities and off-sites. These costs can be subtracted from a known improved lot value (established by sales comparison) to arrive at an estimate of raw land value or added to the known raw land value to arrive at the value of an improved site. Income Residual Approach The third method employed is an income residual method. An estimate is made of the potential net income, which can be earned, from the site improved with buildings. The cost of these improvements is estimated to determine the portion of the income needed to supply a fair return on these costs. The residual income is available for a return on the land. Therefore, this income is capitalized into an indicated land value. Subject Valuation As stated within the Scope of Work, we have relied upon the Sales Comparison Approach. This is the most common approach applicable to the valuation of land. As previously noted, we have been requested to value the underlying land only, exclusive of the current improvements. Additionally, we have been requested to value the subject properties as three (3) separate development parcels with different proposed uses at each site. These uses primarily consist of: multifamily apartments, a hotel, and a retail/office component within some of the proposed buildings. Therefore, we have estimated a land value for the individual subject properties by allocating a per unit value for each component based on the proposed number of units at each site. The chart below summarizing the number of units of each component proposed at each site. Subject Parcels with Planned Uses North Parcel Middle Parcel South Parcel Residential Units 225 Units 200 Units 280 Units Hotel Rooms 120 Rooms (Units) Commercial Space 65,000 SF 18,887 SF - (83,887 SF Total) ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 28 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL Land Valuation - Residential Methodology Site Value is most often estimated using the sales comparison approach. This approach develops an indication of market value by analyzing closed sales, listings, or pending sales of properties similar to the subject, focusing on the difference between the subject and the comparables using all appropriate elements of comparison. This approach is based on the principles of supply and demand, balance, externalities, and substitution, or the premise that a buyer would pay no more for a specific property than the cost of obtaining a property with the same quality, utility, and perceived benefits of ownership. Unit of Comparison The unit of comparison depends on land use economics and how buyers and sellers use the property. The unit of comparison in this analysis is per proposed unit. Elements of Comparison Elements of comparison are the characteristics or attributes of properties and transactions that cause the prices of real estate to vary. The primary elements of comparison considered in sales comparison analysis are as follows: (1) property rights conveyed, (2) financing terms, (3) conditions of sale, (4) expenditures made immediately after purchase, (5) market conditions, (6) location, and (7) physical characteristics. Comparable Sales Data To obtain and verify comparable sales of vacant land properties, we conducted a search of public records, field surveys, interviews with knowledgeable real estate professionals in the area, and a review of our internal database. We included five (5) sales in our analysis, as these sales were judged to be the most comparable to develop an indication of market value for the subject property. The following is a table summarizing each sale comparable and a map illustrating the location of each in relation to the subject. Details of each comparable follow the location map. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 29 W J o a� Q m Q F 2) D z O 1, l0 w--1 N aw O w--1 1- Ln m un O Ln I� O l0 O 1" M LU b:I-4 b4 b4 b:1-4 b4 z o 0 0 0 0 _ o 0 0 0 0 0 V CDp � � p Q O Lr�CD O r Lu -i � � p r, z Q N L.(1 O l0 0 > -4 14 4 -4 14 z � } z m 0') 00 Q 0') CD o 0-) NN Ln O N -1 Ln Ln O Ln � u9 N �+ U n •� J ro i O v Ln Q = V a m W 2 a, J fu 0 n V VS cep € 0 0 -Q Za W } '''``` ��I oQc � l 7 C �,wl c1 i � QJ V CY m (6 f6 [0 i V v f17 O E m ¢7 N C c6 C � co a co O � CQC J C + O > OO c I& U- O_ > Ll m CD u W N w, n �� ui:.r 0 i O M V m W O V rn p Z w O ,-1 0 0 0 "' a z � � � Q 1.0E 1.0 l0 Ln > —1 —1 - 0 0 0 0 0 I'D Ln N N r1 N 6 • rt m ,-1 N m Ln J Q w a J a 0 1� N C Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL LAND COMPARABLE sei4THST ;I+ F , eu: k+ � SE20TH'ST �U - tF Property Identification Property/Sale ID 2279/1903 Property Type Multi-Family Property Name Alta Harbor Park Address 921-981 SE 20th Street City, State Zip Ft Lauderdale, Florida 33316 County B rowa rd MSA Fort Lauderdale Submarket East Central Broward County Latitude/Longitude 26.097109/-80.132869 Tax ID 50-42-14-21-0020, 50-42-14-21-0060, 50-42-14-21-0070, 50-42-14-21-0080 Transaction Data Sale Date 09-22-2016 Property Rights Fee Simple Sale Status Closed Financing Cash to Seller Grantor Harbor Park Warehouse, Conditions of Sale Arm's Length LLC Deed Book/Page 11397/5028 Grantee WDF-4 Wood Harbor Park Sale Price $12,400,000 Owner, LLC Adjusted Price $12,400,000 Property scri tion Gross Acres 2.91 Shape Roughly Rectangular Gross SF 126,760 Utilities All available Usable Acres 2.91 Zoning Jurisdiction Fort Lauderdale Usable SF 126,760 Zoning Code B-2 No.of Units 310 Indicators $/Gross Acre $4,261,168 $/Usable SF $97.82 $/Gross SF $97.82 $/Unit $40,000.00 $/Usable Acre $4,261,155 ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 31 Ar� BOYNTON BEACH TOWN SQUARE ' ;3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL Verification Confirmed By Mark Herold Confirmation Date 12-15-2016 Remarks This is the sale of a four building small bay warehouse property in Fort Lauderdale, Florida. The improvements were built in 1973 and were no longer considered to be the highest and best use of the site. The buyer will raze the existing improvements and construct a mixed use project standing 8 stories high with 310 units: 110 one- bedrooms 200 two-bedrooms and 2500 SQ FT of commercial space and 620 parking spots. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 32 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL LAND COMPARABLE h t ire ' k f Property Identification Property/Sale ID 2283/1907 Property Type Multi-Family Property Name Atlantic Tower Address NE 4th Street City, State Zip Pompano Beach, Florida 33060 County B rowa rd MSA Fort Lauderdale Submarket East Central Broward County Latitude/Longitude 26.235282/-80.114093 Tax ID 48-42-36-01-0860 Transaction Data Sale Date 08-05-2016 Financing Cash to Seller Sale Status Closed Conditions of Sale Arm's Length Grantor 225 N Federal Highway, Deed Book/Page 11385/8470 LLC Sale Price $5,005,000 Grantee Pompano Atlantic, LLC Adjusted Price $5,005,000 Property Rights Fee Simple Property scri tion Gross Acres 0.81 Shape Roughly Rectangular Gross SF 35,240 Utilities All available Usable Acres 0.81 Zoning Jurisdiction Pompano Beach Usable SF 35,240 Zoning Code B-3 No.of Units 145 Indicators $/Gross Acre $6,186,650 $/Usable SF $142.03 $/Gross SF $142.03 $/Unit $34,517.00 $/Usable Acre $6,186,657 ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 33 Ar� BOYNTON BEACH TOWN SQUARE ' ;3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL Verification Confirmed By Mark Herold Confirmation Date 12-15-2016 Remarks This is the sale of a parcel of land that has been sold to Meyers Group, a developer out of Miami.This site is currently improved with a parking lot and is located three blocks north of Atlantic Boulevard and a half block west of Federal Highway (U.S. 1) in Pompano Beach, Florida. The buyers plan to build 145 apartment units in an 8-story high-rise building on the site.Approvals were in place at the time of sale. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 34 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL LAND COMPARABLE X191 ti; "� , fr L5, Fpt " a , � '� tvj W i _ a U rylt, aitt�l3sit}t d'1 _ 1� u, � p pr It 7 77 T y g Property Identification Property/Sale ID 2278/1902 Property Type Multi-Family Property Name Broadstone City Center Address 400 Datura Street City, State Zip West Palm Beach, Florida 33401 County Palm Beach MSA West Palm Beach-Boca Raton Submarket Central Palm Beach County Latitude/Longitude 26.712336/-80.053556 Tax ID 74-43-43-21-34-001-0000 Transaction Data Sale Date 04-27-2016 Financing Cash to Seller Sale Status Closed Conditions of Sale Arm's Length Grantor Multiple LLC's Deed Book/Page 28291/0010 Grantee Broadstone City Center Sale Price $10,000,000 Property Rights Fee Simple Adjusted Price $10,000,000 Property scri tion Gross Acres 2.71 Shape Rectangular Gross SF 117,960 Utilities All available Usable Acres 2.71 Zoning Jurisdiction Downtown Master Plan Usable SF 117,960 Zoning Code QCD-10 No.of Units 315 Indicators $/Gross Acre $3,692,762 $/Usable SF $84.77 $/Gross SF $84.77 $/Unit $31,746.00 $/Usable Acre $3,692,777 ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 35 Ar� BOYNTON BEACH TOWN SQUARE ' ;3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL Verification Confirmed By Mark Herold Confirmation Date 12-15-2016 Remarks This is a pending sale of a development site located in the West Palm Beach CBD. The buyer, Alliance Residential, intends to develop a mid-rise, 315-unit Class 'A' apartment project on the site. The sales were recorded in four transactions in deed book/pages 28291/10, 14 18 and 28. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 36 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL LAND COMPARABLE E 2 . r i Property Identification Property/Sale ID 2281/1905 Property Type Multi-Family Property Name Morgan Flagler Address 400 NE 3rd Avenue City, State Zip Fort Lauderdale, Florida 33301 County B rowa rd MSA Fort Lauderdale Submarket East Central Broward County Latitude/Longitude 26.126348/-80.140371 Tax ID 50-42-03-02-2320 and several other parcels Transaction Data Sale Date 04-11-2016 Property Rights Fee Simple Sale Status Closed Financing Cash to Seller Grantor Putnam Realty,441 Conditions of Sale Arm's Length Developers and 441 Sale Price $16,475,000 Partners Adjusted Price $16,475,000 Grantee 400 NE Third Avenue, LLC Property scri tion Gross Acres 2.90 Shape Rectangular Gross SF 126,324 Utilities All available Usable Acres 2.90 Zoning Jurisdiction Fort Lauderdale Usable SF 126,324 Zoning Code RAC-CC Regional Activity No.of Units 350 Center Indicators $/Gross Acre $5,681,034 $/Usable SF $130.42 $/Gross SF $130.42 $/Unit $47,071.00 $/Usable Acre $5,681,034 ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 37 Ar� BOYNTON BEACH TOWN SQUARE ' ;3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL Verification Confirmed By Mark Herold Confirmation Date 12-15-2016 Remarks This is the sale of a development site approved for the development of 350 rental apartment units in a mid-rise design. The project will also contain a small 4,300 square foot commercial component. The site is situated in the Flagler Village neighborhood of the Fort Lauderdale CBD. The buyer intends to begin construction in October 2016 and rents are estimated to average $2.38 per square foot. Recorded as Instrument Nos. 113632430, 113632431 & 113632432 ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 38 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL LAND COMPARABLE i 7;€ 7 m, 9 i d, � - t f 1Sa0h'.i1� n ii L+mE2 d A �1 M w t teat ft,ts sE 2nd%..v �tt }' Property Identification Property/Sale ID 1250/1001 Property Type Mixed Use Land Property Name 500 Ocean Address 500 E Ocean Avenue City, State Zip Boynton Beach, Florida 33435 County Palm Beach MSA West Palm Beach-Boca Raton Submarket Southern Palm Beach County Latitude/Longitude 26.526628/-80.058693 Tax ID 08-43-45-28-03-007-0010 Transaction Data Sale Date 05-26-2015 Financing Conventional Sale Status Closed Conditions of Sale See Comments Grantor Capstone RESDEV, LLC Deed Book/Page 27562/1854 Grantee Skye at Boynton Beach, LLC Sale Price $4,710,000 Property Rights Fee Simple Adjusted Price $4,710,000 Property scri tion Gross Acres 4.52 Visibility Excellent Gross SF 196,765 Corner/Interior Corner Usable Acres 4.52 Shape Rectangular Usable SF 196,765 Topography Level Front Feet 335 Utilities All available No.of Units 345 Zoning Jurisdiction City of Boynton Beach Density(Units/Ac) 76.38 Zoning Code MU-H Street Access via E Ocean Blvd and US Zoning Description Mixed Use - High Density Highway 1 ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 39 Ar� BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL Indicators $/Gross Acre $1,042,704 $/Usable SF $23.94 $/Gross SF $23.94 $/FF $14,059.70 $/Usable Acre $1,042,704 $/Unit $13,652.00 Verification Confirmed By Dan Griffin Confirmation Date 12-03-2015 & 1-03-2018 Remarks This property was purchased out of foreclosure by apartment builder LeCesse Development. The property was foreclosed on in 2011 after there were reportedly 3 other attempts at developing the property. However, the purchase price was negotiated approximately 2 years prior to the actual closing date. The site is currently being developed with 341 apartments, 13,300 SF of retail and 6,600 SF of office space. The Boynton Beach CRA has agreed to pay $4.4 million over 15 years once the project is completed, using taxes created by the project. This benefit is projected to benefit the developer approximately $3,500,000 after discounting for time. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 40 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL Land Sales Comparison Analysis When necessary, adjustments were made for differences in various elements of comparison, including property rights conveyed, financing terms, conditions of sale, expenditures made immediately after purchase, market conditions, location, and other physical characteristics. If the element in comparison is considered superior to that of the subject, we applied a negative adjustment. Conversely, a positive adjustment was applied if inferior. A summary of the elements of comparison follows. Transaction Adjustments Transaction adjustments include (1) real property rights conveyed, (2) financing terms, (3) conditions of sale, and (4) expenditures made immediately after purchase. These items, which are applied prior to the market conditions and property adjustments, are discussed as follows: Real Property Rights Conveyed Real property rights conveyed influence sale prices and must be considered when analyzing a sale comparable. The sale comparables all reflect the fee simple interest as well as the subject, with no adjustments required. Financing Terms The transaction price of one property may differ from that of an identical property due to different financial arrangements. Sales involving financing terms that are not at or near market terms require adjustments for cash equivalency to reflect typical market terms. A cash equivalency procedure discounts the atypical mortgage terms to provide an indication of value at cash equivalent terms. Four of the five comparable sales involved typical market terms by which the sellers received cash or its equivalent and the buyers paid cash or tendered typical down payments and obtained conventional financing at market terms for the balance. Therefore, no adjustments for this category were required for these sales. The sale price of Sale 5 was based on the developer receiving Tax Increment Financing (TIF) from the Boynton Beach CRA. TIF revenue is only created if the proposed project will generate an increase in tax revenue over that generated by the existing use. The Boynton Beach CRA agreed to payout these TIF funds over approximately 15 years once the project is completed, using taxes creating by the project. The developer and Boynton Beach CRA estimated that this would amount to net credits in the amount of approximately $4.4 million. The present value of this income was estimated at approximately $3,500,000 to developer. Therefore we have adjusted this sale upward 75% to account for this TIF. Conditions of Sale When the conditions of sale are atypical, the result may be a price that is higher or lower than that of a normal transaction. Adjustments for conditions of sale usually reflect the motivations of either a buyer or a seller who is under duress to complete the transaction. Another more typical condition of sale involves the downward adjustment required to a comparable property's for-sale listing price, which usually reflects the upper limit of value. A review of the land sales did not indicate any condition of sale adjustments to be warranted for atypical conditions or for sale listings. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 41 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL Expenditures Made Immediately After Purchase A knowledgeable buyer considers expenditures required upon purchase of a property, as these costs affect the price the buyer agrees to pay. Such expenditures may include: costs to demolish and remove any portion of the improvements, costs to petition for a zoning change, and/or costs to remediate environmental contamination. The relevant figure is not the actual cost incurred, but the cost anticipated by both the buyer and seller. Unless the sales involved expenditures anticipated upon the purchase date, no adjustments to the comparable sales are required for this element of comparison. The parties to these transactions did not anticipate expenditures were required immediately after purchase; therefore, no adjustments were warranted. Market Conditions Adjustment Market conditions change over time because of inflation, deflation, fluctuations in supply and demand, or other factors. Changing market conditions may create a need for adjustment to comparable sale transactions completed during periods of dissimilar market conditions. The housing market and rental market (and thus the market for developable residential land) has been improving over the last several years. This is due to residential market continuing to improve as well as demand for the few remaining developable sites. Residential home prices have increased between 5% and 10% per year over the trailing 3 years. In addition, while we have not been able to derive an adjustment for changing market conditions from comparable sales data, it is our opinion that adjustments for changing market conditions is appropriate. The majority of the sales are relatively recent, within the last two years. However, we have adjusted all the sales upward 0.42% per month, or 5.0% annually to each of the sales analyzed for improving market conditions. We note that we based the market conditions adjustment for Sale 5 on the date the sale price was negotiated, which was approximately 2 years prior to the closing. Property Adjustments Property adjustments are usually expressed quantitatively as percentages or dollar amounts that reflect the differences in value attributable to the various characteristics of the property. In some instances, however, qualitative adjustments are used. These adjustments are based on locational and physical characteristics and are applied after transaction and market conditions adjustments. Our reasoning for the property adjustments made to each sale comparable follows. The discussion analyzes each adjustment category deemed applicable to the subject property. Location Location adjustments may be required when the locational characteristics of a comparable are different from those of the subject. These characteristics can include general neighborhood characteristics, freeway accessibility, street exposure, corner- versus interior-lot location, neighboring properties, view amenities, and other factors. We have based our location adjustments on differences in projected rent levels between locations along with overall desirability of the locations compared to the subject's location. Below is a chart summarizing the difference in our projected average rents ($1.85/SF) compared to the comparable locations. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 42 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS LAND VALUATION—RESIDENTIAL 1 Fort Lauderdale $2.15 15% 2 Pompano Beach $1.97 7% 3 West Palm Beach $2.10 15% 4 Fort Lauderdale $2.15 15% 5 Boynton Beach $1.85 0% The subject site is located on the south side of Boynton Beach Boulevard extending south to the north and south sides of Ocean Avenue, with good access and average visibility. Sale 1 is located just south of downtown Fort Lauderdale, but east of Federal Highway in Fort Lauderdale. This location is considered superior to the subject and will command much higher rents than we are projecting at the subject's location. Therefore, we have adjusted this sale downward 40% for location. Sale 2 is located on the west side of Federal Highway, 1/3 mile north of Atlantic Boulevard in Pompano Beach. Overall this location is considered superior to the subject's location based on rents within this market and we have adjusted this sale downward 10%. Sale 3 is located just north of downtown West Palm Beach and is currently leasing units at rates higher than those projected at the subject's location. We have adjusted his sale downward 20% for this factor. Sale 4 is located in the Flagler Village area of Fort Lauderdale and this location is considered superior to the subject's location. We have adjusted this sale downward 40% for location. Sale 5 is located just to the east of the subject property on the east side of the railroad tracks at Ocean Avenue and is considered very similar to the subject's location and therefore no adjustments were necessary. Size (Units) The size adjustment identifies variances in the physical size of the comparables and number of units to be developed on each site. Typically, the greater the number of units to be built, the lower the sale price per unit. This inverted relationship is due, in part, to the principle of "economies of scale." The subject sites consist of approximately 8.63 acres of underlying land and are planned for 705 units. This would indicate a density of approximately 82 units per acre for the residential portions of the entire parent tract. The overall density for the parent tract (15.04 acres) of the subject property is approximately 47 units per acre. The sales all bracket the size of the subject sites on a physical size and planned unit basis. With the exception of Sale 2, there does not appear to be a difference in the prices paid based on size of the parcel. Sale 2 contains less than 1 acre and is planned for 145 units which is significantly less than the subject and it appears a size adjustment is warranted for this sale. We have adjusted this sale downward 10% for this factor. We made no adjustments to the remaining sales. Utilities The subject and all the sales had utilities available to the site in some capacity. Therefore, no adjustments were considered necessary. Topography The subject is improved with multiple structures that will need to be razed prior to development. However, we have been requested to appraise the underlying land only and therefore have made no adjustments for this factor. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 43 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL Zoning/Ap- rova Is The highest and best use of sale comparables should be very similar to that of the subject property. When comparables with the same zoning as the subject are lacking or scarce, parcels with slightly different zoning, but a highest and best use similar to that of the subject may be used as comparables. These comparables may require an adjustment for differences in utility if the market supports such adjustment. The subject property has the zoning and approvals in place to allow for the proposed retail/multi-family development. The comparables may require an adjustment for differences in utility if the market supports such adjustment. All of the sales either had approvals in place or were contingent on the buyer obtaining approvals for development and no adjustments were necessary. Densily As density increases the price per unit tends to decrease while the price per acre tends to increase. The subject sites consist of approximately 8.63 acres of underlying land and are planned for 705 units. This would indicate a density of approximately 82 units per acre for the residential portions of the entire parent tract. The overall density for the parent tract (15.04 acres) of the subject property is approximately 47 units per acre. The individual properties will be part of the master development plan which will have a mixture of uses. However, we have analyzed these components separately and therefore we have analyzed the subject sites on a density of approximately 82 units per acre. The comparable sales have densities ranging from 76.38 units per acre up to 179.23 units per acre. The subject is bracketed by the densities of the comparable sales. After all other adjustments, a review of the comparable sales did not indicate any adjustment was necessary for density. Summary of Adjustments Presented in the table on the following page is a summary of the adjustments made to the sale comparables. As noted earlier, these quantitative adjustments were based on our market research, best judgment, and experience in the appraisal of similar properties. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 44 LLJ —J a' < < (Y Lu va_ LLJ cl C4 at" 01 n CD CDin o v (z) 00 Q, 0 cl� - C:) C'� CD CD CD CD CD M " 6 M 6 M C:, co vR C� C4 C4 C4 CD 1'4 11 Q CD J CD O ^ O O NC4 r'nLu < zJ 0 <> < 0 —j CD r'n m cli r, r, r, Ln Qj CD Q, CD C� C� CD CD m r, (Z) c� CD c) r, C� Q CD O In Q CD Q CD ci ci ci C14 M Ln Q tR Hi Hi Hi Hi 00 h9 W u1 tR O CD CD = v CCI :t" -flLn 1'4 6 cu oQ Ln (z) CD z CD Z, CD c� M 2 E m :1 c� R c� c� c� CD m ci Ol 06 A Q C4 LI) CD Q CD CD CD cli cli I - . Q O tR Hi Hi Hi Hi r In a r, 00 M 0 2�� O - 11 a O c� rn D CD 3C� (z) c) CD Lri , , - Lq CD 3- , 6 . . r�� -Z z CD CD Ol M " m m CD M CD r, 'n Q CD CD m CD r, C) C4 cli CD cu CD CD CD CD CD C� CD CD CD CD cu CD 00 'S m E OC� 0 CD (Z) ti O p p O0CD u c) 0 CD Q CD CD CD C'i c) r,CD CD CD OO Y1 IN C 00 CD 00 C'4 u L/) T3 0 0 0 0 0 2 2 -E ,u 'u o 0 2 = U tF 4 — -0 u -0 df cu -2) Q, -Fo w w -Fo Q, -Fo U Q, M :t cu cu cu w w a_ cr E - E - 'n cu E E E E Ln V 0 > Q, > "O m > 'd .2 cu D cu m -F lu -F lu ,u LA Q, -y "U m 'E < < �F V < V . — < D D u < < D- < M. 0 o �F 'Z cu U < _0 Z N 0 0 < < Z) < cu �� m J -Fo m 2 > IA F- .0 a to a CD CL 6 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS LAND VALUATION-RESIDENTIAL Conclusi®n From the market data available, we used five land sales in competitive market areas which were adjusted based on pertinent elements of comparison. The following table summarizes the unadjusted and adjusted unit prices: Land Sale Statistics Minimum Price per Proposed Unit $13,652 $25,644 Maximum Price per Proposed Unit $47,071 $30,812 Median Price per Proposed Unit $34,517 $28,669 Mean Price per Proposed Unit $33,397 $28,492 The most comparable sales were considered to be Sales 2, 3 and 5, with adjusted sale prices of between $27,651 and $29,686 per proposed unit. Based on the preceding analysis, we have reconciled at a value conclusion of the subject site between $25,000 and $30,000 per proposed unit. We have reconciled at a value of the residential portions of the subject sites at $28,000 per proposed unit. Based on this analysis, the residential values are allocated as follows: North Parcel s Middle Parcel I South Parcel B Residential Units $28,000 per Unit i 225 Units $6,300,000 200 Units $5,600,000 a 280 Units $7,840,000 I i ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 46 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS LAND VALUATION - HOTEL Land Valuation - Hotel Methodology Land is most often valued using the Sales Comparison Approach. This approach is based on the premise that a buyer would pay no more for a specific property than the cost of obtaining a property with the same utility. In the sales comparison approach, the opinion of market value is based on closed sales, listings and pending sales of properties similar to the subject property, using the most relevant units of comparison. The comparative analysis focuses on the difference between the comparable sales and the subject property using all appropriate elements of comparison. Unit of Comparison The unit of comparison depends on land use economics and how buyers and sellers use the property. The unit of comparison in this analysis is price per hotel unit (per room). The subject property is proposed for 120 rooms. Elements of Comparison Elements of comparison are the characteristics or attributes of properties and transactions that cause the prices of real estate to vary. The main elements of comparison that are considered in sales comparison analysis are as follows: (1) real property rights conveyed, (2) financing terms, (3) conditions of sale, (4) expenditures made immediately after purchase, (5) market conditions, (6) location and (7) physical characteristics. Comparable Sales Data A search of data sources and public records, a field survey, interviews with knowledgeable real estate professionals in the area, and a review of our internal database were conducted to obtain and verify comparable sales and listings of vacant land properties. We used five sales in our analysis, these representing the sales and property for sale judged to be the most comparable in developing an indication of the market value of the subject property. The following table summarizes each of the land sale comparables and is followed by a map displaying the location of each comparable in relation to the subject. Summary sheets detailing each comparable follow the location map. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 47 LLJ 03 Lw O m Ln W O O m N0 O F-- O m N Ln Ln (I)1 o M o M r d= N m N .--I N Z Z 00 0 0 0 O O O O O O 0 0 0 0 0 O 0 0 o M 0 O Ln O u, O _ `l � lD N Vl J N Vi m N Ln U Q to to to to to Q O N O N z zO 2 O p O Q _ _ N j N j O z N N n _ 'O = 'O O O N N = rn O O N N O O L p m p N U m a .) O V I V) -I N O 'O O c co di yV° f5 LL LL v a � z v o Qaj R ; w NN U' w _ in co v m LU v v o 0 0 0 r 7E p p w w m r Z m rC to mQ� NO ID LU 0 � J ca C � } a N ID z m € i v v o V � � E c p � '� - rr•'c�� m m v v 0- E V7 O N N O N w w O LnO w 0 x' vm Ln f^ O � s x m O OO CO N0 N f I- N O rl ri rl ri N � Q O D D m ® N N V N O o_ c0 m O o- m m o V1 7 m N E w v o o a i0 In O O Q N 03 C o N m Ln O Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS LAND VALUATION - HOTEL LAND COMPARABLE I ; INi I ri1,5, .i 'ra - loan rr uu N Property Identification Property/Sale ID 3273/2654 Property Type Commercial Property Name Proposed Woodspring Suites Hotel Address 1400 SW 11th Way City, State Zip Deerfield Beach, Florida 33441 County B rowa rd MSA Fort Lauderdale Submarket Northeast Broward County Latitude/Longitude 26.299605/-80.119005 Tax ID 48-42-12-49-0020 Transaction Data Sale Date 12-19-2016 Financing Cash to Seller Sale Status Closed Conditions of Sale Arm's Length Grantor HDRS LLC Recording Number 114108317 Grantee Woodspring Suites Sale Price $2,400,000 Deerfield Beach, LLC Adjusted Price $2,400,000 Property Rights Fee Simple Property scri tion Gross Acres 3.21 Proposed Use Hotel/Motel Gross SF 139,762 Proposed Bldg SF 46,492 Usable Acres 3.21 Street Access Adequate Usable SF 139,762 Visibility Good Front Feet 380 Corner/Interior Mid-Block Depth 345.00 Shape Rectangular No.of Units 120 Topography Cleared and level Density(Units/Ac) 37.40 Utilities All available ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 49 Ar� BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS LAND VALUATION - HOTEL Drainage appears adequate Zoning Code RM-25** Use Designation Medium Density Zoning Description Residence, Multifamily Residential (16) Restricted Zoning Jurisdiction City of Deerfield Beach Indicators $/Gross Acre $748,013 $/FF $6,315.79 $/Gross SF $17.17 $/Unit $20,000.00 $/Usable Acre $748,014 $/SF of Bldg Area $51.62 $/Usable SF $17.17 Verification Confirmed With Public Records & Published articles Confirmed By Marisa Jaremczuk Confirmation Date 01-11-2018 Remarks There was a previous out of foreclosure sale on 6-5-2015 for$1,250,000. The hotel was built and will become available on March 2018, according to the Woodspring Suites website. Located just south of the I-95 & SW 10th St intersection, it is being advertised for business travelers, students, seasonal tourists, military members, those relocating to/within the area and any other guest needing several nights or more of a great hotel at a great price. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 50 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS LAND VALUATION - HOTEL LAND COMPARABLE �"a rssat rns., 4d, s r SE 2nd 5i Property Identification Property/Sale ID 2843/2345 Property Type Commercial Property Name Southeast 6th Avenue Land Address 185 Southeast 6th Avenue (North US Highway 1) City, State Zip Delray Beach, Florida 33483 County Palm Beach MSA West Palm Beach-Boca Raton Submarket Southern Palm Beach County Latitude/Longitude 26.458970/-80.066689 Tax ID 12-43-46-16-01-118-0130, 12-43-46-16-01-118-0162, 12-43-46-16-01-118- 0190, 12-43-46-16-01-118-0200 Transaction Data Sale Date 10-31-2016 Property Rights Fee Simple Sale Status Closed Financing Cash to Seller Grantor Tresshanti, Treeshanti II, Conditions of Sale Arm's Length LLC Deed Book/Page 28674-1904, 28674-1907 Grantee Dk Delray Downtown, LLC Sale Price $5,750,000 (Kolter Hospitality) Adjusted Price $5,750,000 Property scri tion Gross Acres 1.24 Density(Units/Ac) 120.97 Gross SF 54,014 Proposed Use Hotel (to be developed) Usable Acres 1.24 Proposed Bldg SF 152,432 Usable SF 54,014 Shape Rectangular Front Feet 400 Utilities All available Depth 130.00 Zoning Jurisdiction Delray Beach No.of Units 150 Zoning Code CBD ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 51 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS LAND VALUATION - HOTEL Indicators $/Gross Acre $4,637,130 $/FF $14,375.00 $/Gross SF $106.45 $/Unit $38,333.00 $/Usable Acre $4,637,131 $/SF of Bldg Area $37.72 $/Usable SF $106.45 Verification Confirmed With Chris Lowery Confirmed By Mark Herold Confirmation Date 07-13-2017 Remarks The buyer, Kolter Hospitality, is building a 4-story, 150-room hotel on the site. They are planning to break ground in early 2018 and open by the 3rd quarter of 2019. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 52 r BOYNTON BEACH TOWN SQUARE ,:. PROPERTY ADVISORS LAND VALUATION - HOTEL LAND COMPARABLE r ofpp, 661, lr, ' ti 1 S£} SM�));,,s, ev WIN 101111 I � E , i t1Y $ I I Property Identification Property/Sale ID 3274/2656 Property Type Commercial Property Name Proposed EB Hotel Address 350 E State Road 84 City, State Zip Fort Lauderdale, Florida 33316 County Broward MSA Fort Lauderdale Submarket East Central Broward County Latitude/Longitude 26.092480/-80.139075 Tax ID 50-42-22-11-0090; 50-42-22-11-0060; 50-42-22-11-0100 Transaction Data Sale Date 10-20-2016 Financing Cash to Seller Sale Status Closed Conditions of Sale Arm's Length Grantor Diversified Wholesale Recording Number 114004285 Marine Days on Market 1085 Grantee HLT-FLT State Rd 84 LP Sale Price $3,600,000 Property Rights Fee Simple Adjusted Price $3,600,000 Property escri tion Gross Acres 1.57 Visibility Excellent Gross SF 68,208 Corner/Interior Double Corner Usable Acres 1.57 Shape L-Shaped Usable SF 68,208 Topography Cleared and level Front Feet 330 Utilities All available Depth 125.00 Drainage Adequate No. of Units 178 Use Designation Commerce Density(Units/Ac) 113.68 Zoning Jurisdiction City of Ft. Lauderdale Proposed Use Hotel/Motel Zoning Code B-3 Proposed Bldg SF 129,986 Zoning Description Commercial Street Access Adequate ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 53 Valbridge BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS LAND VALUATION - HOTEL Indicators $/Gross Acre $2,299,085 $/FF $10,909.09 $/Gross SF $52.78 $/U nit $20,225.00 $/Usable Acre $2,299,085 $/SF of Bldg Area $27.70 $/Usable SF $52.78 Verification Confirmed With Public Records & Published articles Confirmed By Marisa Jaremczuk Confirmation Date 01-12-2018 Remarks There was a site plan application dated 11-04-2015 for the proposed 178 room EB hotel. The site plan calls for a 9-story hotel with associated amenities and a parking garage. The buyer is a developer of boutique condos. At the time of sale the site was occupied by Sailorman Marine Store, which vacated the site in June 2017. No previous sales in the last five years r � „. .. _ .. .. .- t v k ...... K 1 ..CiC1 4w mx awn.m,` � ... iliWM'�•"`—"IDTZ"�.... 3C 53 ENpFCY ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 54 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS LAND VALUATION - HOTEL LAND COMPARABLE �t�ar1r 551�� i Rhe 1M t f i15, 14 {'I Property Identification Property/Sale ID 3286/2669 Property Type Commercial Property Name Proposed Hotel Address NEC of RCA Blvd. and Design Center Blvd. City, State Zip Palm Beach Gardens, Florida 33410 County Palm Beach MSA West Palm Beach-Boca Raton Submarket Northern Palm Beach County Latitude/Longitude 26.841050/-80.098116 Tax ID formerly part of 52-43-42-06-07-001-0020 Transaction Data Sale Date 06-22-2016 Conditions of Sale Arm's Length Sale Status Closed Deed Book/Page 29144/0955 Grantor Heartwood 42, LLC Sale Price $2,258,000 Grantee Brock PGA Hotel, LLC Post Sale Expenses $60,000 Property Rights Fee Simple Adjusted Price $2,318,000 Financing Cash to Seller Property scri tion Gross Acres 1.27 Proposed Bldg SF 92,844 Gross SF 55,219 Street Access Average Usable Acres 1.27 Visibility Average Usable SF 55,219 Corner/Interior Mid-Block Front Feet 190 Shape Rectangular No.of Units 122 Topography Level Density(Units/Ac) 96.24 Utilities All available Proposed Use Hotel (to be developed) Zoning Jurisdiction City of Palm Beach ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 55 Ar� BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS LAND VALUATION - HOTEL Gardens Zoning Description Planned Commercial Zoning Code PCD Development Indicators $/Gross Acre $1,828,580 $/FF $12,200.00 $/Gross SF $41.98 $/Unit $19,000.00 $/Usable Acre $1,828,575 $/SF of Bldg Area $24.97 $/Usable SF $41.98 Verification Confirmed With Andrew Meran, Heartwood 42 LLC Confirmed By David W. Boyd Remarks The property is currently in-contract to be sold for $2,394,000 or approximately $43.35 per square foot of commercial land. The buyer will develop a hotel on the site. The contract stipulates and allocation of between 111 and 126 hotel allowable hotel rooms, up to 3,000 square feet for the restaurant, and up to 148 parking spaces. The contract was amended to 122 rooms and 164 parking spaces and the sale price was adjusted to $2,318,000. The recorded sale price was $2,258,000; however the buyer had to pay $60,000 after closing for sidewalk and soils to the city. 0 s �1 IB, F ti K ! y Q 'a —MM .: HOTEL' MY t } � ,. ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 56 r BOYNTON BEACH TOWN SQUARE ,:. PROPERTY ADVISORS LAND VALUATION - HOTEL LAND COMPARABLE 5 ',Wpm. 4 It i ME t '�` Rdy I P ty,i'C t q flM 11-AN gp Property Identification Property/Sale ID 1802/1497 Property Type Commercial Property Name Hyatt Place site Address 100 East Palmetto Park Road City, State Zip Boca Raton, Florida 33432 County Palm Beach MSA West Palm Beach-Boca Raton Submarket Southern Palm Beach County Latitude/Longitude 26.350123/-80.086080 Tax ID 06-43-47-29-52-003-0000 Transaction Data Sale Date 03-18-2015 Financing Cash to Seller Sale Status Closed Conditions of Sale Arm's Length Grantor Palmetto Park at Federal, Recording Number 27408-1015 LLC Sale Price $5,500,000 Grantee DK Palmetto, LLC Adjusted Price $5,500,000 Property Rights Fee Simple Property escri tion Gross Acres 1.09 Street Access Excellent Gross SF 47,385 Shape Square Usable Acres 1.09 Utilities All available Usable SF 47,385 Use Designation CBD - Central Business Front Feet 260 District Depth 180.00 Zoning Jurisdiction City of Boca Raton No. of Units 200 Zoning Code DDRI Density(Units/Ac) 183.86 Zoning Description Downtown Development Proposed Use Hospitality... of Regional Impact Proposed Bldg SF 160,178 ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 57 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS LAND VALUATION - HOTEL Indicators $/Gross Acre $5,056,076 $/FF $21,153.85 $/Gross SF $116.07 $/Unit $27,500.00 $/Usable Acre $5,056,030 $/SF of Bldg Area $34.34 $/Usable SF $116.07 Verification Confirmed With Trevor Barrett Confirmed By Mark Herold Confirmation Date 06-08-2016 Remarks On March 18, 2015, approximately 1 acre of commercial land, located on the southeast corner of Palmetto Park Rd and South Federal Highway in Boca Raton, sold for 5.5 Million. The buyer plans to build a hotel on the property. The hotel plans include a 200 room Hyatt Place including 8,000 square feet of rentable restaurant space, 200 space parking garage, and a 4,000 square foot meeting space. The hotel was completed in late 2016. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 58 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS LAND VALUATION - HOTEL Land Sales Comparison Analysis We analyzed the sales and made adjustments for differences in the elements of comparison previously listed. The comparable sales are adjusted to the subject: if the comparable sale was superior to the subject, we applied a negative adjustment to the comparable sale. A positive adjustment to the comparable property was applied if it was inferior to the subject. A summary of the elements of comparison follows. Transaction Adjustments These items are applied prior to the application of property adjustments. Transaction adjustments include: 1. Real Property Rights Conveyed 2. Financing Terms 3. Conditions of Sale 4. Expenditures Made Immediately After Purchase The adjustments are discussed as follows: Real Properly Rights Conveyed In the case of the subject property, the fee simple interest is being appraised. The sale comparables all reflect the fee simple interest with no adjustments required. FinancingTerms erms The transaction price of one property may differ from that of an identical property due to different financial arrangements. Sales involving financing terms that are not at or near market terms require adjustments for cash equivalency to reflect typical market terms. A cash equivalency procedure discounts the atypical mortgage terms to provide an indication of value at cash equivalent terms. All of the sales have similar market financing or were sold in terms of cash with no influence on the prices paid. No adjustment has been made for this factor. Conditions of Sale When the conditions of sale are atypical, the result may be a price that is higher or lower than that of a normal transaction. Adjustments for conditions of sale usually reflect the motivations of either a buyer or a seller who is under duress to complete the transaction. Another more typical condition of sale involves the downward adjustment required to a comparable property's for-sale listing price, which usually reflects the upper limit of value. The sales and the subject all have similarly typical conditions of sale; therefore, they did not require adjustments. Expenditures Made Immediately After Purchase A knowledgeable buyer considers expenditures that will have to be made upon purchase of a property because these costs affect the price the buyer agrees to pay. Such expenditures may include: (1) costs to cure deferred maintenance, (2) costs to demolish and remove any portion of the improvements, (3) costs to petition for a zoning change, (4) costs to remediate environmental contamination and/or (5) costs to occupy or lease-up the property to a stabilized occupancy. The relevant figure is not the actual cost incurred, but the cost that was anticipated by both the buyer and seller. Unless the sales involved expenditures anticipated upon the purchase date, no adjustments to the comparable sales are required for this element of comparison. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 59 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS LAND VALUATION - HOTEL All of the sales are vacant parcels of land. All of the sales will eventually incur costs for development. With the exception of Sale 4, we are unaware of any expenditure made after purchase and we have not made any adjustments for this factor. The purchaser of Sale 4 had to pay $60,000 after closing for sidewalk and soils to the city. Therefore,we have included this cost in the overall purchase price. Market Conditions Adjustment Market conditions change over time as a result of inflation, deflation, fluctuations in supply and demand and other factors. Changing market conditions creates the need for adjustments to sale comparables that represent transactions during periods of dissimilar market conditions. Discussions with market participants indicate that the market conditions have been stable or slowly improving for commercial vacant land slated for hospitality such as the subject in the last two years, however, there were no significant changes from the earliest sale to the most recent, and no adjustments were made for this factor. Property Adjustments Property adjustments are usually expressed quantitatively as percentages that reflect the increase or decrease in value attributable to the various characteristics of the property. In some instances, however, qualitative adjustments are used. These adjustments are based on locational and physical characteristics and are applied after the application of transaction and market conditions adjustments. We have summarized adjustments to the sale comparables below. These adjustments are based on our market research, best judgment, and experience in the appraisal of similar properties. The adjustments are discussed as follows: Location Location adjustments may be required when the locational characteristics of a comparable are different from those of the subject. These characteristics can include nearby tourist attractions or business nodes, freeway accessibility, street exposure, corner- versus interior-lot location, neighboring properties,view amenities, traffic counts, and other factors. The subject is located near the I-95 access ramp at Boynton Beach Boulevard, with good interstate access. It is close to beaches and the intracoastal, along with other local attractions. Vehicular traffic on Boynton Beach Boulevard reaches an average of approximately 35,000 vehicles per day in front of the subject property, and access and visibility to the property are good. Sale 1 is located in Deerfield Beach along SW 11th Way, also known as FAU Research Park Boulevard, a local road. Located 0.4 miles south of the SW 10th Street and I-95 intersection, the property is slightly removed from the node, but did not require any adjustment for location. Sale 2 is located along Federal Highway in Delray Beach near Atlantic Avenue. This location is considered superior to the subject and required a 25% downward adjustment. Sale 3 is located in a superior area of Fort Lauderdale along State Road 84 and required a 5% downward adjustment. Sale 4 is located just east of Interstate 95 in Palm Beach Gardens. This area is considered slightly superior to the subject and required a 5% downward adjustment. Sale 5 is located within eastern Boca Raton and is considered to be a very superior location to the subject. We have adjusted this sale downward 25% for this factor. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 60 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS LAND VALUATION - HOTEL Size The size adjustment identifies variances in the physical size of the comparables and the subject improvements, and their influence in value. Typically, the larger a parcel or number of units, the lower the sale price per unit of comparison. This inverse relationship is due, in part, to the principle of "economies of scale." We have estimated the hotel portion of the subject property to include approximately 1 acre for 120 rooms. The sales range from 1.088 acres to 3.209 acres and are planned for between 120 to 200 units. Although the physical size range is ample, land sizes or unit count did not have as much a significant influence in the prices paid, as did land density, which is expressed as units per acre and is considered and adjusted below. Shape/Depth The subject and all of the comparables include a variety of shapes, and they exhibit enough depth to allow for approximately similar efficiency of development. Therefore, no adjustments were made for this factor. Utilities The subject property includes all necessary utilities. All of the sales have similar utilities available to their sites, and require no adjustments for this factor. Topography All sales have level topography and are clear sites, similar to how we have been requested to value the subject property, and require no adjustments. Zoning The highest and best use of sale comparables should be very similar to the subject property. When comparables with the same zoning as the subject are lacking or scarce, parcels with slightly different zoning, but a highest and best use similar to that of the subject may be used as comparables. These comparables may have to be adjusted for differences in utility if the market supports such adjustment. We have valued the subject property as if zoned MU-3 (mixed use) and approved for development of 120 hotel units. All of the comparables included zoning designations that allowed for hotel development and either had approvals or were close to obtaining approvals. Therefore, no adjustments were required for this factor. Land Development Density As previously stated, we have estimated the hotel portion of the subject property to include approximately 1 acre for 120 rooms which would reflect a density of approximately 120 units per acre. The densities of the comparable sales ranged from approximately 37 to 184 units per acre. Typically the market recognizes differences between development densities where the higher the intensity, the lower the price per unit and the higher the price per unit for lesser intensity. Therefore, we made a 5% upward adjustment to Sale 5 and a 5% downward adjustment to Sale 1. The balance of the sales warranted no adjustments for this factor. Summary of Adjustments Based on the preceding analysis, we have summarized adjustments to the sale comparables on the following adjustment grid. These adjustments are based on our market research, best judgment, and experience in the appraisal of similar properties. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 61 Ar� BOYNTON BEACH TOWN SQUARE ' ;,•, PROPERTY ADVISORS LAND VALUATION - HOTEL Land Sales Adjustment Grid Sale ID 2654 2345 2656 2669 1497 Date of Value&Sale February-18 December-16 October-16 October-16 June-16 March-15 Unadjusted Sales Price $2,400,000 $5,750,000 $3,600,000 $2,258,000 $5,500,000 Usable Acres 3.209 1.240 1.566 1.268 1.088 Proposed Units 120 120 150 178 122 200 Unadjusted Sales Price per Proposed Unit $20,000 $38,333 $20,225 $18,508 $27,500 Transactional Adjustments Property Rights Conveyed Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Adjusted Sales Price $20,000 $38,333 $20,225 $18,508 $27,500 Financing Terms Cash to Seller Cash to Seller Cash to Seller Cash to Seller Cash to Seller Cash to Seller Adjusted Sales Price $20,000 $38,333 $20,225 $18,508 $27,500 Conditions of Sale Typical Arm's Length Arm's Length Arm's Length Arm's Length Arm's Length Adjusted Sales Price $20,000 $38,333 $20,225 $18,508 $27,500 Expenditures after Sale $60,000 Adjustment - - - 2.7% - Adjusted Sales Price $20,000 $38,333 $20,225 $19,000 $27,500 Market Conditions Adjustments Elapsed Time from Date of Value 1.12 years 1.26 years 1.29 years 1.62 years 2.88 years Market Trend Through February-18 3.4% 3.8% 3.9% 4.8% 8.6% Analyzed Sales Price $20,674 $39,779 $21,006 $19,921 $29,878 Physical Adjustments Location SEC of E Boynton 1400 SIN 11th Way 185 Southeast 6th 350 E State Road 84 NEC of RCA Blvd. 100 East Palmetto Beach Blvd and S Avenue(North US and Design Center Park Road Seacrest Blvd Highway 1) Blvd. Boynton Beach,Florid( Deerfield Beach, Delray Beach, Fort Lauderdale, Palm Beach Boca Raton,Florida Florida Florida Florida Gardens,Florida Adjustment - -25.0% -5.0% -5.0% -25.0% Size(Rooms) 120 120 150 178 122 200 Adjustment - - - - - Shape/Depth Roughly Rectangular Rectangular L-Shaped Rectangular Square Rectangular Adjustment Utilities All available All available All available All available All available All available Adjustment Topography Level Cleared and level Level Cleared and level Level Level Adjustment Zoning MU-3 RM-25** CBD B-3 PCD DDRI Adjustment - - - - - Land Density(Units/Ac.) 120 37.40 120.97 113.68 96.24 183.86 Adjustment -5.0% - - - 5.0% Net Physical Adjustment -5.0% -25.0% -5.0% -5.0% -20.0% Adjusted Sales Price per Proposed Unit $19,640 $29,835 $19,956 $18,925 $23,902 ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 62 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS LAND VALUATION - HOTEL Land Value Conclusion From the market data available, three most comparable land sales and one listing were selected and adjusted based on pertinent elements of comparison. The adjustments were discussed earlier and are presented in the preceding adjustment grid. The following table summarizes the unadjusted and adjusted sale prices: Land Sale Statistics Minimum Sales Price per Proposed Unit $18,508 $19,921 $18,925 Maximum Sales Price per Proposed Unit $38,333 $39,779 $29,835 Median Sales Price per Proposed Unit $20,225 $21,006 $19,956 Mean Sales Price per Proposed Unit $24,913 $26,252 $22,452 After adjustments, the land sales reflected a median sale price of $19,956 per unit and an average sale price indication of $22,452 per unit. All of the sales were taken into consideration in our final estimate of value. Considering the foregoing analysis, the overall the subject land value ranges between $20,000 per unit and $22,000 per unit, which indicate values between $2,400,000 and $2,640,000 as shown below. We concluded a market value of the subject land parcel at $2,520,000, which also indicates a value of$21,000 per unit. Based on this analysis, the subjects land value is summarized as follows: Reasonable Adjusted Comparable Range 120 units x $20,000 per proposed unit = $2,400,000 120 units x $22,000 per proposed unit = $2,640,000 Market Value Opinion (Rounded) 120 units x $21,000 per proposed unit = $2,520,000 North Parcel Middle Parcel a South Parcel B B HI 120 Rooms $2 520,000 N/A a N/A Hotel Rooms $21,000 per Unit I (Units) Contributory Value of Commercial Portions of Subject Property The subject property will also contain a total of 83,887 square feet of retail/office space within the ground floors of the North and Middle Parcels. There is currently no definitive plan on the amount of space within each building or parcel. Therefore we have allocated the approximate amount of square footage for each site based on the size of the two parcels. We estimated that approximately 65,000 square feet will be within the buildings on the north parcel and the remaining 18,887 square feet will be within the middle parcel. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 63 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS LAND VALUATION - HOTEL It is difficult to estimate the contributory value of this space because most developers are analyzing the sites based on the development of residential or hotel units with the retail/office portions being ancillary income or value. However, the approvals for this space do contribute value to the underlying land each development parcel. Therefore, we have analyzed multiple land sales that were approved for commercial development and estimated a contributory value for the subject's space based on proposed square feet of building area. A chart summarizing these sales can be found of the following page. Land Sales Summary Sale ID 2369 1978 640 641 2671 Sale Status Closed Closed Closed Closed In-Contract Location 4290 Pasteur Blvd.,S.of 4751 PGA Boulevard I Boca Raton Blvd PGA Boulevard 4290 Professional Professional Donald Ross Rd, E of Center Drive Center Drive I-95 Palm Beach Palm Beach Gardens, Palm Beach Gardens, Boca Raton, Florida Palm Beach Gardens, Palm Beach Gardens, Gardens, Florida Florida Florida Florida Florida Tax ID 52-43-42-06-07- 52-42-41-26-06-002- 52-42-42-01-21-001- 06-43-47-19-39-001- 52-43-42-06-00-000- (a portion of)52-43- 001-0020 0000 0010 0000 3080, 52-43-42-06-00- 42-06-07-001-0020 000-3120 Sales Data Date of Sale February-18 2/3/2017 7/25/2017 4/7/2015 2/18/2015 In-Contract Sales Price $6,689,000 $2,111,000 $3,736,000 $8,500,000 $2,400,000 Price per Proposed Square Foot $28.53 $59.73 $53.37 $37.95 $40.00 Grantor Pasteur Commercial Ascend PGA Berry Jo Ashe Howell IMI Kyoto Gardens I Heartwood 42, LLC Investments, LLC Midtown, LLC Trust LLC Grantee CP PB Gardens Mainstream at Mi Boca LLC Gardens Corporate PGA Station 4, LLC Development, LLC Midtown Limited Center, LLC Partnership Document Number Property Rights Conveyed Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Financing Conventional Cash to Seller Cash to Seller Cash to Seller Cash to Seller Conditions of Sale Arm's Length Arm's Length Arm's Length Arm's Length Physical Characteristics Proposed Square Feet 234,491 35,344 70,000 224,000 60,000 Zoning PCD/BRPO I B2 PCD PCD Topography Level Relatively level, Level Level Level mostly covered in native vegetation Shape Roughly Rectangular Irregular Irregular Irregular Rectangular Utilities All available All available All available All available Rail Access Access/Visibility Adequate/Average Good/Good Good/Average Good/Good Average/Average Primary Frontage 520 feet on Pasteur 477 feet on PGA 450 feet on I Boca 885 feet on Alternate 198 feet on Design Boulevard Boulevard Raton Boulevard A1A Center Drive Proposed Use Assisted Living Commercial Commercial Commercial Mid-rise office Facility development Development Development building development ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 64 Valbridge BOYNTON BEACH TOWN SQUARE „•, RO ��,T y ADVISORS LAND VALUATION - HOTEL Sale 1 is within Alton a newly developing planned development in the southeast quadrant of I-95 and Donald Ross Road. This 6.57 acre parcel closed in February 2017 but we confirmed it was under contract prior to 1/1/2017. The site is approved for an assisted living facility containing a total of 234,500± square feet. This sale equates to $23.37 per square foot of land area and $28.53 per square foot of building area. Sale 2 is an out parcel in a newly developing mixed use development on the north side of PGA Boulevard. This sale contained 2.33 acres and will be developed with a 24,500 square foot stand- alone grocer. This sale equates to $28.19 per square foot of land area and $59.73 per square foot of building area. Sale 3 is removed from the area but is included due to its location on Glades road, size and use. This sale closed in April 2015. This sale contained 3.198 acres and has been developed with a 70,000 square foot retail/design center. This sale equates to $26.82 per square foot of land area and $53.37 per square foot of building area. Sale 4 outside the two subject contracts is one of the most compelling indications of value due to its location across PGA Boulevard from the subject. This 6.595 acre site sold in February 2015 and is being developed with the first of two approved multi-tenant office buildings containing a total of 224,000± square feet. This sale equates to $29.59 per square foot of land area and $37.95 per square foot of building area. Sale 5 is a contract for building pad site for $2,400,000. This site contains 0.62 acres and is limited to 60,000 square feet. This contract reflects $87.76 per square foot of building pad area and $40.00 per square foot of proposed building area. Conclusion The land sales utilized were for purchased for commercial development only and represent the entire site versus a portion of an overall site similar to the subject sites. Therefore, we have made no adjustments but rather analyzed these sales for an indication of the contributory value of the proposed commercial space within the proposed subject buildings. However, we have taken into account that four of the five sales were located within Palm Beach Gardens and the other sale was located in Boca Raton. Furthermore, two of the four sales and one contract took place in 2015. The commercial land sales reflected a range between $28.53 to $59.73 per square foot of proposed building area with a median of $40.00 per square foot and an average of $43.91 per square foot of building area. Based on the location of the subject and the fact that is only a portion of the overall building area, it is our opinion that the value of the proposed commercial portion of the subject property would be at the lower end of the range provided by the comparable sales. Therefore, we have estimated the value of this portion of the subject sites at $30.00 per square foot of proposed building area. This is allocated to the North and Middle Parcels as follows: B North Parcel Middle Parcel a South Parcel B Commercial Space o a (83,887 SF Total) $30.00 per SF 8,887 I 65,000 SF $1,950,000 1 1SF $566,610 I N/A i B ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 65 Valbridge BOYNTON BEACH TOWN SQUARE „•, RO ��,T y ADVISORS RECONCILIATION Reconciliation Summary of Value Indications The indicated values from the approaches used and our concluded market values for the subject property are summarized in the following table. North Parcel Middle Parcel a South Parcel B Residential Units $28,000 per Unit I 225 Units $6,300,000 200 Units $5,600,000 a 280 Units $7,840,000 B B 0 120 Rooms a Hotel Rooms $21,000 per Unit o $2,520,000 i N/A a N/A (Units) a Commercial Space $30.00 per SF o 65,000 SF $1,950,000 18,887 SF $566,610 a N/A (83,887 SF Total) o a B Totals(Rounded) $10,770,000 $6,150,000 a $7,840,000 I � I To reach a final opinion of value, we considered the reliability and relevance of each value indication based upon the quality of the data and applicability of the assumptions underlying each approach. Given the availability and reliability of data within the Sales Comparison Approach we gave this approach primary weight in arriving at our final value conclusions. Furthermore, land properties such as the subject property are typically purchased by developers, who primarily rely upon the methods employed by the Sales Comparison Approach for vacant land. Exposure Time and Marketing Periods Based on statistical information about days on market, escrow length, and marketing times gathered through national investor surveys, sales verification, and interviews of market participants, marketing and exposure time estimates of 6 to 12 months and 6 to 12 months, respectively, are considered reasonable and appropriate for the subject property. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 66 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS GENERAL ASSUMPTIONS &LIMITING CONDITIONS General Assurnr%tions and Limiting Conditions This appraisal is subject to the following limiting conditions: 1. The legal description— if furnished to us— is assumed to be correct. 2. No responsibility is assumed for legal matters, questions of survey or title, soil or subsoil conditions, engineering, availability or capacity of utilities, or other similar technical matters. The appraisal does not constitute a survey of the property appraised. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear, under responsible ownership and competent management unless otherwise noted. 3. Unless otherwise noted, the appraisal will value the property as though free of contamination. Valbridge Property Advisors I Boyd, Schmidt and Brannum will conduct no hazardous materials or contamination inspection of any kind. It is recommended that the client hire an expert if the presence of hazardous materials or contamination poses any concern. 4. The stamps and/or consideration placed on deeds used to indicate sales are in correct relationship to the actual dollar amount of the transaction. 5. Unless otherwise noted, it is assumed there are no encroachments, zoning violations or restrictions existing in the subject property. 6. The appraiser is not required to give testimony or attendance in court by reason of this appraisal, unless previous arrangements have been made. 7. Unless expressly specified in the engagement letter, the fee for this appraisal does not include the attendance or giving of testimony by Appraiser at any court, regulatory or other proceedings, or any conferences or other work in preparation for such proceeding. If any partner or employee of Valbridge Property Advisors I Boyd, Schmidt and Brannum is asked or required to appear and/or testify at any deposition, trial, or other proceeding about the preparation, conclusions or any other aspect of this assignment, client shall compensate Appraiser for the time spent by the partner or employee in appearing and/or testifying and in preparing to testify according to the Appraiser's then current hourly rate plus reimbursement of expenses. 8. The values for land and/or improvements, as contained in this report, are constituent parts of the total value reported and neither is (or are) to be used in making a summation appraisal of a combination of values created by another appraiser. Either is invalidated if so used. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 67 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS GENERAL ASSUMPTIONS &LIMITING CONDITIONS 9. The dates of value to which the opinions expressed in this report apply are set forth in this report. We assume no responsibility for economic or physical factors occurring at some point at a later date, which may affect the opinions stated herein. The forecasts, projections, or operating estimates contained herein are based on current market conditions and anticipated short-term supply and demand factors and are subject to change with future conditions. 10. The sketches, maps, plats and exhibits in this report are included to assist the reader in visualizing the property. The appraiser has made no survey of the property and assumed no responsibility in connection with such matters. 11. The information, estimates and opinions, which were obtained from sources outside of this office, are considered reliable. However, no liability for them can be assumed by the appraiser. 12. Possession of this report, or a copy thereof, does not carry with it the right of publication. Neither all, nor any part of the content of the report, or copy thereof (including conclusions as to property value, the identity of the appraisers, professional designations, reference to any professional appraisal organization or the firm with which the appraisers are connected), shall be disseminated to the public through advertising, public relations, news, sales, or other media without prior written consent and approval. 13. No claim is intended to be expressed for matters of expertise that would require specialized investigation or knowledge beyond that ordinarily employed by real estate appraisers. We claim no expertise in areas such as, but not limited to, legal, survey, structural, environmental, pest control, mechanical, etc. 14. This appraisal was prepared for the sole and exclusive use of the client for the function outlined herein. Any party who is not the client or intended user identified in the appraisal or engagement letter is not entitled to rely upon the contents of the appraisal without express written consent of Valbridge Property Advisors I Boyd, Schmidt and Brannum and Client. The Client shall not include partners, affiliates, or relatives of the party addressed herein. The appraiser assumes no obligation, liability or accountability to any third party. 15. Distribution of this report is at the sole discretion of the client, but third-parties not listed as an intended user on the face of the appraisal or the engagement letter may not rely upon the contents of the appraisal. In no event shall client give a third-party a partial copy of the appraisal report. We will make no distribution of the report without the specific direction of the client. 16. This appraisal shall be used only for the function outlined herein, unless expressly authorized by Valbridge Property Advisors I Boyd, Schmidt and Brannum. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 68 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS GENERAL ASSUMPTIONS &LIMITING CONDITIONS 17. This appraisal shall be considered in its entirety. No part thereof shall be used separately or out of context. 18. Unless otherwise noted in the body of this report, this appraisal assumes that the subject property does not fall within the areas where mandatory flood insurance is effective. Unless otherwise noted, we have not completed nor have we contracted to have completed an investigation to identify and/or quantify the presence of non-tidal wetland conditions on the subject property. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 19. The flood maps are not site specific. We are not qualified to confirm the location of the subject property in relation to flood hazard areas based on the FEMA Flood Insurance Rate Maps or other surveying techniques. It is recommended that the client obtain a confirmation of the subject property's flood zone classification from a licensed surveyor. 20. If the appraisal is for mortgage loan purposes 1) we assume satisfactory completion of improvements if construction is not complete, 2) no consideration has been given for rent loss during rent-up unless noted in the body of this report, and 3) occupancy at levels consistent with our"Income and Expense Projection" are anticipated. 21. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for such conditions or for engineering which may be required to discover them. 22. Our inspection included an observation of the land and improvements thereon only. It was not possible to observe conditions beneath the soil or hidden structural components within the improvements. We inspected the buildings involved, and reported damage (if any) by termites, dry rot, wet rot, or other infestations as a matter of information, and no guarantee of the amount or degree of damage (if any) is implied. Condition of heating, cooling, ventilation, electrical and plumbing equipment is considered to be commensurate with the condition of the balance of the improvements unless otherwise stated. Should the client have concerns in these areas, it is the client's responsibility to order the appropriate inspections. The appraiser does not have the skill or expertise to make such inspections and assumes no responsibility for these items. 23. This appraisal does not guarantee compliance with building code and life safety code requirements of the local jurisdiction. It is assumed that all required licenses, consents, certificates of occupancy or other legislative or administrative authority from any local, state or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value conclusion contained in this report is based unless specifically stated to the contrary. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 69 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS GENERAL ASSUMPTIONS &LIMITING CONDITIONS 24. When possible, we have relied upon building measurements provided by the client, owner, or associated agents of these parties. In the absence of a detailed rent roll, reliable public records, or "as-built" plans provided to us, we have relied upon our own measurements of the subject improvements. We follow typical appraisal industry methods; however, we recognize that some factors may limit our ability to obtain accurate measurements including, but not limited to, property access on the day of inspection, basements, fenced/gated areas, grade elevations, greenery/shrubbery, uneven surfaces, multiple story structures, obtuse or acute wall angles, immobile obstructions, etc. Professional building area measurements of the quality, level of detail, or accuracy of professional measurement services are beyond the scope of this appraisal assignment. 25. We have attempted to reconcile sources of data discovered or provided during the appraisal process, including assessment department data. Ultimately, the measurements that are deemed by us to be the most accurate and/or reliable are used within this report. While the measurements and any accompanying sketches are considered to be reasonably accurate and reliable, we cannot guarantee their accuracy. Should the client desire a greater level of measuring detail, they are urged to retain the measurement services of a qualified professional (space planner, architect or building engineer). We reserve the right to use an alternative source of building size and amend the analysis, narrative and concluded values (at additional cost) should this alternative measurement source reflect or reveal substantial differences with the measurements used within the report. 26. In the absence of being provided with a detailed land survey, we have used assessment department data to ascertain the physical dimensions and acreage of the property. Should a survey prove this information to be inaccurate, we reserve the right to amend this appraisal (at additional cost) if substantial differences are discovered. 27. If only preliminary plans and specifications were available for use in the preparation of this appraisal, then this appraisal is subject to a review of the final plans and specifications when available (at additional cost) and we reserve the right to amend this appraisal if substantial differences are discovered. 28. Unless otherwise stated in this report, the value conclusion is predicated on the assumption that the property is free of contamination, environmental impairment or hazardous materials. Unless otherwise stated, the existence of hazardous material was not observed by the appraiser and the appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required for discovery. The client is urged to retain an expert in this field, if desired. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 70 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS GENERAL ASSUMPTIONS &LIMITING CONDITIONS 29. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. We have not made a specific compliance survey of the property to determine if it is in conformity with the various requirements of the ADA. It is possible that a compliance survey of the property, together with an analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this could have a negative effect on the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in developing an opinion of value. 30. This appraisal applies to the land and building improvements only. The value of trade fixtures, furnishings, and other equipment, or subsurface rights (minerals, gas, and oil) were not considered in this appraisal unless specifically stated to the contrary. 31. No changes in any federal, state or local laws, regulations or codes (including, without limitation, the Internal Revenue Code) are anticipated, unless specifically stated to the contrary. 32. Any income and expense estimates contained in the appraisal report are used only for the purpose of estimating value and do not constitute prediction of future operating results. Furthermore, it is inevitable that some assumptions will not materialize and that unanticipated events may occur that will likely affect actual performance. 33. Any estimate of insurable value, if included within the scope of work and presented herein, is based upon figures developed consistent with industry practices. However, actual local and regional construction costs may vary significantly from our estimate and individual insurance policies and underwriters have varied specifications, exclusions, and non-insurable items. As such, we strongly recommend that the Client obtain estimates from professionals experienced in establishing insurance coverage. This analysis should not be relied upon to determine insurance coverage and we make no warranties regarding the accuracy of this estimate. 34. The data gathered in the course of this assignment (except data furnished by the Client) shall remain the property of the Appraiser. The appraiser will not violate the confidential nature of the appraiser-client relationship by improperly disclosing any confidential information furnished to the appraiser. Notwithstanding the foregoing, the Appraiser is authorized by the client to disclose all or any portion of the appraisal and related appraisal data to appropriate representatives of the Appraisal Institute if such disclosure is required to enable the appraiser to comply with the Bylaws and Regulations of such Institute now or hereafter in effect. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 71 Valbridge BOYNTON BEACH TOWN SQUARE 3 PROPERTY ADVISORS GENERAL ASSUMPTIONS &LIMITING CONDITIONS 35. You and Valbridge Property Advisors I Boyd, Schmidt and Brannum both agree that any dispute over matters in excess of $5,000 will be submitted for resolution by arbitration. This includes fee disputes and any claim of malpractice. The arbitrator shall be mutually selected. If Valbridge Property Advisors I Boyd, Schmidt and Brannum and the client cannot agree on the arbitrator, the presiding head of the Local County Mediation & Arbitration panel shall select the arbitrator. Such arbitration shall be binding and final. In agreeing to arbitration, we both acknowledge that, by agreeing to binding arbitration, each of us is giving up the right to have the dispute decided in a court of law before a judge or jury. In the event that the client, or any other party, makes a claim against Boyd, Schmidt and Brannum or any of its employees in connections with or in any way relating to this assignment, the maximum damages recoverable by such claimant shall be the amount actually received by Valbridge Property Advisors I Boyd, Schmidt and Brannum for this assignment, and under no circumstances shall any claim for consequential damages be made. 36. Valbridge Property Advisors I Boyd, Schmidt and Brannum shall have no obligation, liability, or accountability to any third party. Any party who is not the "client" or intended user identified on the face of the appraisal or in the engagement letter is not entitled to rely upon the contents of the appraisal without the express written consent of Valbridge Property Advisors I Boyd, Schmidt and Brannum. "Client" shall not include partners, affiliates, or relatives of the party named in the engagement letter. Client shall hold Valbridge Property Advisors I Boyd, Schmidt and Brannum and its employees harmless in the event of any lawsuit brought by any third party, lender, partner, or part-owner in any form of ownership or any other party as a result of this assignment. The client also agrees that in case of lawsuit arising from or in any way involving these appraisal services, client will hold Valbridge Property Advisors I Boyd, Schmidt and Brannum harmless from and against any liability, loss, cost, or expense incurred or suffered by Valbridge Property Advisors I Boyd, Schmidt and Brannum in such action, regardless of its outcome. 37. The Valbridge Property Advisors office responsible for the preparation of this report is independently owned and operated by Boyd, Schmidt and Brannum. Neither Valbridge Property Advisors, Inc., nor any of its affiliates has been engaged to provide this report. Valbridge Property Advisors, Inc. does not provide valuation services, and has taken no part in the preparation of this report. 38. If any claim is filed against any of Valbridge Property Advisors, Inc., a Florida Corporation, its affiliates, officers or employees, or the firm providing this report, in connection with, or in any way arising out of, or relating to, this report, or the engagement of the firm providing this report, then (1) under no circumstances shall such claimant be entitled to consequential, special or other damages, except only for direct compensatory damages, and (2) the maximum amount of such compensatory damages recoverable by such claimant shall be the amount actually received by the firm engaged to provide this report. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 72 Ar� BOYNTON BEACH TOWN SQUARE ' ;3 PROPERTY ADVISORS GENERAL ASSUMPTIONS &LIMITING CONDITIONS 39. This report and any associated work files may be subject to evaluation by Valbridge Property Advisors, Inc., or its affiliates, for quality control purposes. 40. Acceptance and/or use of this appraisal report constitutes acceptance of the foregoing general assumptions and limiting conditions. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 73 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS CERTIFICATION Certification - Daniel Griffin I certify that,to the best of my knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. The undersigned has performed services regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of value opinion,the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. Daniel Griffin has personally inspected the subject property. 10. No one provided significant real property appraisal assistance to the person signing this certification, unless otherwise noted. 11. 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 Standards of Professional Appraisal Practice of the Appraisal Institute. 12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report, the undersigned has completed the Standards and Ethics Education Requirement for Candidates/Practicing Affiliates of the Appraisal Institute. Daniel Griffin Senior Appraiser State-Certified General Real Estate Appraiser#RZ3393 Expiration Date: 11/30/18 ©2018 VALBRIDGF PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 74 Valbridge BOYNTON BEACH TOWN SQUARE „•, PROPERTY ADVISORS CERTIFICATION Certification - David W. Boyd, MAI I certify that,to the best of my knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. The undersigned has performed services regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of value opinion,the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. David W. Boyd did not personally inspect the subject property. 10. No one provided significant real property appraisal assistance to the person signing this certification, unless otherwise noted. 11. 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 Standards of Professional Appraisal Practice of the Appraisal Institute. 12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report, the undersigned has completed the continuing education program for Designated Members of the Appraisal Institute. David W. Boyd, MAI Senior Managing Director State-Certified General Real Estate Appraiser#RZ354 Expiration Date: 11/30/18 ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 75 Ar� BOYNTON BEACH TOWN SQUARE �.,;•: PROPERTY ADVISORS ADDENDA ADDENDA ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 76 Ar� BOYNTON BEACH TOWN SQUARE �.,;•: PROPERTY ADVISORS ADDENDA Addenda Engagement Letter Glossary Qualifications • Daniel Griffin - Senior Appraiser • David W. Boyd, MAI - Senior Managing Director Information on Valbridge Property Advisors Office Locations ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 77 Ar� BOYNTON BEACH TOWN SQUARE �.,;•: PROPERTY ADVISORS ADDENDA Enr4ar4ement Letter ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 78 Valbridge BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS ADDENDA Engagement Letter 21 I'Pmr,VW&win VIlbridge PROPERTY ADVISORS Ii lithyrddt,&Brannum Imiu.my 23,2018 Mr,Michael Sirrani,CR-A-i li fIV@ Duer'wr "n Inn Beach Cofnrriunky Rivelowelopmenk Agen IN 0 li ft�,drira f HRgIlwa, y Boyntivi Beach,FloridA 33435 vw F,nail"=";................. M Apfirhd6l oil ponrini,of i TGwp Sqtiarur P'iii i Mr.S=rnai The fc>Mowing is i aivcfuested pr # for our to perlorm, Appraisal Services lot fine above relevencv-d pr rarer;, If this cicxurnent i.,s trwerMed it wilil a&,w serve at AM,C-Igagei conlrarp. lar I'h6 propowd v-olm of wi These s6wtn,wIV,be pularr"d ir, accurdglxt will tl*f6lovAng,p-Msionm InUndettil Us* lryterna(l u%e and dKision-i parpame.% InUiukill thails) Rolm wn Beadi C RA anti asvqns. Scqm,af AWgAn*nt I'lle mof*of ow prispatgofrine'rit WO I*os 101i lk to efqiniaiie, tho,fmcm4wrivp ffwvi*t Value of low few'6noe lrai In Ow wrideii L" onhy, 0 the three rWJn,,r-cinhquwJ5 pkarrvi�:, Pdje,ii �- 123 K707 wMhiii 111 6 1 aCrV TCJwdn SQUile lilt,45 01 rNi and awaiiialule two i reoped wrtfr#gillixed use WoIw, AWqftVIii Vakj@ too utikwlyreq 4nynrl only for ffie, Tow) Sri sife, Ii two As 0i 1r I Norii Surrmmy F1 04mawww'tow in i licwtilat iflHisrd Copom u pft4*w, A*lIii Ml yw.,F"t foe is due:span dwwy of work p,oduct. 2018 VALBRIDGF PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 79 Valbridge BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS ADDENDA 2711 Mr.sclijaAwil-Iii Valbridge A%0 Pain i Bmi R 3341.7 P.4wo PROPERTY ADVISORS lj� Sayd"Scemiw&antolli '.alttdije ears R*-spenrillibillity for Fen If the balar,,ce of t1w payni I-,nw madr upon conpIe.ilon of die ideratied xSi011rv*i V* will Iwo t1le r',ghr To wk' imirnediate, erilorc(�ni of This agreement inckal-ng,the woven`of all costs owkd anorii-wr is assouRPI(XI wth iakinn,any felai attion.0i&fi arsing our of this agretwneni M1 be governed by itie avirs or 11he state of FlorkJa worhoul,regard to or alWAicaWn,of c"ice of ii ruk4 00 pirk6we's, The oulusive venwe' of any.action or proceco,ing to enfofce this agreernent rs Pali Beach County,Florida, D@Nvwy, work vs odwC1 WO be(104wrod No Law 0i NNtNuary 1,20I Above date a&suryw executicyn of rfiim wlgagenrwi con'tac't mwthkn 7 daysof the Wefsaraivxjn dwe ofrh,�s agreerni&rW receipt of requested suioiecr orooffry donitoentation, RequestKI Awis kn 0,06 jxqwy are,as folkxMf Requemad Itomit Sufficient data pewid io prixt-ed ,44diflorVil DOM,-ir avai'i, I-) Plicoerty Corairci to adrange Pte inspeoicgrs 2) Boundary Same of Pavi 'JGto M0h gal DC*,j,(jioq or ii 4� ceK of,any tri of Ii or Irytent Sk Mari inform nation on furore 2uningand mrammi Akovvabie ustn, 6f Mal is on arTy resInctions on use Pmfw,SIonW SUnd—orti TNarwilyus, of-5rii aiv wcfiusw%wvIlf be devwar poo and rt,*wiled irn Gic-PAming Atrilignment conlormarrce wiTh(awl Ttv use apt Tfui repo n i%w' 'bjftt ter the nenwwrienits or JI)the, UndoitYr,SbIndards of PIroftSiaon$M Ajoijoral$all'11'a,0c , ,arso U)Ih(C, , ,' -v 000 DI Prollessimrel Ethics and Standar&of Prcifeviorwll to 'ice of the Appear l lirmi AWiffirimmi Not Our cofnpenswiw,wilil Not be coutingent cis an action w event rx-sojifunq'born cia"fings"t vie avii ot condusions in, or The use of, ifie fiNdirtifs r any ve%juffinq report Furfloeffruere, Itwe ausigni will ji i,, E orl any iequmaeril waflue AM6CMJ Serwkin In the e%w,t Iliat aiddiijocial sr acs are needed, such as, but no!derailed to addlIfionW retwis,further anjiiyms'fU'ruAy prow nuii('O'al w%it"i any other semices,Tft#fee at of pw hour M!be charled, Ovice jigatin-tf,aik'Mj fear Corivdqirt-ing aw r"'In fot i aisignirnem.fah wind you wtsti to piouvd please 0'Mevi-i'le yow agr"nwa to,Tfris enqa enwniletter in the p4ace 1,ndica,led below retaon a c for ycmr 2 YE, 2018 VALBRIDGF PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 80 Valbridge BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS ADDENDA 711'kits Valbri"Idge i i i 334'07 valbidilunin Aj-ta(lbc-d to 0�O in(,0eji 4%ihis eriqaqarrionq letter we Valb6dqe Property Advisors I Boyd,Schnnidt i lerrim avid Conddions of Ag,rei'Mose lorvr%and Conditions are a wbisaar)five part of cru r enpqement and govern the wofk to be performed for you Th.-appraisal will be,rornipleted in a U,Tkely fasifikxi. Fle�pecifutPy subrnlned, Val b6dge Prati Adviwirs I i Scherr iat&Brarin uni d--aj-5KZ David W,8*yd,MAI. Senior Managiing Director Florida State,(ertR6ipd General Aptorarser NRZ354 &10!,fLI'L a 1 113 r 1 d I t p C 1-11 (561)833 5331, AGREED AND ACCEPTED Signature Title pp i(type ur print; Date Adwo",I E*qd'!k—pd'& Pg. at 2018 VALBRIDGF PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 81 Valbridge BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS ADDENDA 2711 Puiroaitlhi,%aii Valbridge Wad I'lairri Brmh,R 33.107 PROP'ERTY ADVISORS 661-�33-51-31 phone HI-933-11221 fox Boyd,54hm,4t&BrannurnvaIirjk1"-,mni TEMS AND,CONDITIONS OF AGREEMENT 1. Acceptance of this agreement assumes that oi dieter will provide all necessary information needed for the appraisal on a fiirrie.ly and truthful i 2, It is your Pespon5ibility to read The report and to inform the appraiser of any errors ororm I ssii of which you are aware,prior to u1i'lizirig the,report or making it available to any third party. 3, The fee quoted is based,on our understanding c4f the assignment as outlined in the scope of wod., Changes in scope will be, bled at our normal hourly rates. The fee and estimated completion time are subject to change if the property is not as outlined in our`proposal,or if issues come to light during the coarse of our inveqiqatiorr which, in our opirrion. necessitates such change. If the d6ent places an assignment'an hod,' then reactivates the appraisal, an additional charge may apply due to the iinefficiency treated. if we are requested of required to provide testimony as a result of this appraisal, testimony and preparation kinie will be charged at our normal houri rates. 4 The, Va[bridge Pitoperty Advisors, office responsible for the preparation of this report, is independently owned and operated by Boyd,Schmidt&Brannum, Neither,Valbridge Property Advisors, Inc, nor any of its affiliates, has been engaged to provide this report, Valbudge Properly Advisors, Inc- does not provide• valuation services, and has taken no part in the preparation of this teport, 5. 11 any clairn is filed against any of Valbridge Property Advisors, Irric., a Florida Corporation, at, affiliates,officers or employees,or the firm providing this report. in connection with, or in any way arising out of, or relatmg lo, this report, or the engagement of the firm providing IN,$ repoi then(1)under no circumstances shall suds claimant be entitli io consequential,special or other damages,except only for direct,compensatory damages and(2)the rinax-imum amount of such compensatory damages recoverable by such clialmant shall be the amount actually rec,e-ilved by the,firm engagedto provide this report. 6. This report and any associated,work files may be subject to evaluation by Valbridge Ploperly Advisor&, Inc., or its affiliates, for quality control purposes. If Client is unvAqing to waive torifidentiality for thiis purpose,client must finform Boyd,Schmidt& arannurn upoin acceptance ,of this assignmera, 7. This appraisal sha 11 be used only for the function cull i ned m the attached letter,unless expressly authorized by Valbridge Property Advisors I Boyd, Schmidt & Bpannum The format and vailue repo,ded may or may not be valid for other purposes. 8. Onless otherwise noted, the appraisal will value the property as though free of Contamination. Valb ridge Property Advisors I Boyd,Schmidt&E rannum will conduct no hazardous materials or coritarn i nation inspection of any kind. It is recommended that the chent secure appropriate inspections; from quaKed ekiperts; if the presence of hazardocs materials 0, contamination poses any concern: .................. [ Wiley-i X F,801,,11' P.,A.4 of 6 2018 VALBRIDGF PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 82 Valbridge BOYNTON BEACH TOWN SQUARE .,,•: PROiAthVISORS ADDENDA id q' - I r P❑ms4 c 7 pr+'r+oae f We"t N ilrn Ii FLPROPERTY ADVISORS � yci Schmidt&Brannumw�IL•r+Jye�c9t9 TERMIS AND CONDITIONS OF AGREEMENT 9= Ow standard payment policy is as f€rplows, the balance is due upon presentation,of the iovoicer if payment is not rade within 30 days,of date due interest ars the rate of 1-5%per month will be added to the priocipyal trem the dire date to date payment is received, ;and you shall pay all expenses of colledion,including court costs and attoi fees,it the client requests a draft,the fee is due upon delivery of the draft.Boyd,Schmidt&Biannum shall be underno obliajation to continue watt on an assignment that is not paid current. 10. rhe fee for Pimps o araisai is not c€ntii upon the votuaotiori oftit7epropexty,the funding,of any l€rara or outcome of litiigation any opirr on,,s we,may have expsress d about the outcome of ycaui ratter or case are expressions of our opinions ony and do not constitute ainy guarantee about the uutcornie. Should tine assignment be terminated prior to completion,you agree to pay for time and coasts incurred prior`to our receipt of written notice of cancellation, 11. 9f this assignment includes a provision for work performed on an houdy billing basis,such work is subject to periodic adjusrrinei, to our then current rates. Walbridge I Boyd, Schmidt & firannumn shall provide 30 days'notice to client prior to any rate increase, if client chooses mot to consent.to the increased rates, client may trerrninate Valbridge r Boyd, Schrruidt & Br'a num`& services by<written notice effective when received by Valbridge I Boyd,Sr hmidt t Branrnunt., 12. fl'this assignment includes a provision 1pr work on an hourly billing Wsis,cliern itcknowl,odgeg that Valbridge I yd� Schmidt& Brannum has made no pa=orrises about the total arnmount of fees to be incurred by client under this agreement., 13. You and Valbridge Ni Advisors I Boyd,Schimida& Biannum both agree Chart any dispute tracer mattefs in excess, of V00 Will be, submitted for resolution by arbnration within Palin Beach Couruii Florida. This includes fee dispute% acrid any daaiini of malpractice The arbitrator' shall be mutually selected. 11 Boyd, Schmidt& Brannum and the €tient cannat agree can the arbitrator, the presiding civil administrative judge in the 15"'Judicial Circuit of Florida (Pailm Beach aunty) for Mediation and Arbitration. Such arbitration shalt be binding .and final. In agreeing to arbitration,we both acknowledge,that, by agreeing to binding arbitration, each of us is giving up the right to have the dispute decided in a court of law befoi;e a judge or jury, In, the event that the client;, or array other party entitled to do sat makes a claire against. Boyd, Schmidt&Brannum air any of its employees in connection with or in any way relating to this assignment,the maximum damages recoverable from Walbridge I Bca ,Schmidt& Brannum or its employeex shall b,e Ow amount of monies actually coll.ectod by Valbridge I Boyd,Schmidt> Brannum for this assignment and; under, no circumstances shall any clacim loo con 5eciru�ntsali damages be mane. ..... ..... -._ . ... L,. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 83 Valbridge BOYNTON BEACH TOWN SQUARE PROPERTY ADVISORS ADDENDA 211-,hII11j!�tU9 Wal,1W 'hoo i Ek'am,R.2W� 5151 0D 53 Viabdidge .31 rmrc PROPERTY ADWSORS 5Z1-On-0211 W Boyd,$khrnidt rannurn ralbrdp.urn TERMS AND CON ORFS OF AGREEMENT K Vallbridge,I Boyd,Schm idt&Bra nnumshalil have no obligation,I iabi lity,or accountability to a ny thijd party, Any party who is not tN' "(]Jent" or intended user identifit-cl on the face of the appraisal or in the engagement letter is not entitled to,relity,Upon The.contents of the appraisal without the express written cDnsen,,t of Vai �Boyd,Schmidt.&Brannum. 'Client'shall not include partners,affiliates or relatives of the party named in the engagement letter. Clientshall hold Valbridge � Boyd, Schmidt, & Brannurn and its employees harmless in the event of ary Lawsuit brought.by any third party,Joni partner or pan 0ii In any form of ownership Of any other party as a result of this assignment, The Client also agrees that in Case of law Tait @rising from or in anyway involving,these appraisat seMce5, Arent will hold Valbridge I Boyd, Schmidt & Brannum harmilless from and agairist any liability. loss,cost or eypense incurred or suffered by Valbridge I Boyd,Scl&Brannurn in such action,regardless of its outcome- 1 v utcome-IS- DistributJon of this report is at the sole discretion of the clierrt,and we will make no di5tribution without the specific dk@cTion of the dienthowever, in no event shall client give a third party a partial copy Of the a ppfaisa I report. 16,. This agreement contains the entire agreement of the parties. No otter agreement statement or peomow made on or efore the.effective date of this agreemwill be binding on the parties.This agreement may be,rnodified by submquem agreement of the part ,abrdge 2018 VALBRIDGF PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 84 Ar� BOYNTON BEACH TOWN SQUARE �.,;•: PROPERTY ADVISORS ADDENDA Glossary ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 85 Valbridge BOYNTON BEACH TOWN SQUARE .,,•: PROPERTY ADVISORS ADDENDA Glossary Definitions are taken from The Dictionary of Real Estate Appraisal, 6t" Edition (Dictionary), the Uniform Standards of Professional Appraisal Practice (USPAP), and Building Owners and Managers Association International (BOMA). Absolute Net Lease Certificate of Occupancy (COO) A lease in which the tenant pays all expenses including A formal written acknowledgment by an appropriate structural maintenance, building reserves, and unit of local government that a new construction or management; often a long-term lease to a credit tenant. renovation project is at the stage where it meets (Dictionary) applicable health and safety codes and is ready for Amortization commercial or residential occupancy. (Dictionary) The process of retiring a debt or recovering a capital Common Area Maintenance (CAM) investment, typically through scheduled, systematic The expense of operating and maintaining common repayment of the principal; a program of periodic areas; may or may not include management charges and contributions to a sinking fund or debt retirement fund. usually does not include capital expenditures on tenant (Dictionary) improvements or other improvements to the property. As Is Market Value (Dictionary) The estimate of the market value of real property in its The amount of money charged to tenants for their current physical condition, use, and zoning as of the shares of maintaining a [shopping] center's common appraisal date. (Dictionary) area. The charge that a tenant pays for shared services Base Rent and facilities such as electricity, security, and The minimum rent stipulated in a lease. (Dictionary) maintenance of parking lots. Items charged to common area maintenance may include cleaning services, parking Base Year lot sweeping and maintenance, snow removal, security The year on which escalation clauses in a lease are and upkeep. (ICSC — International Council of Shopping based. (Dictionary) Centers,4t" Ed.) Building Common Area Condominium In office buildings,the areas of the building that provide A multiunit structure, or a unit within such a structure, services to building tenants but which are not included with a condominium form of ownership. (Dictionary) in the office area or store area of any specific tenant. Conservation Easement These areas may include, but shall not be limited to, main and auxiliary lobbies, atrium spaces at the level of An interest in real estate restricting future land use to the finished floor, concierge areas or security desks, preservation, conservation, wildlife habitat, or some conference rooms, lounges or vending areas, food combination of those uses. A conservation easement service facilities, health or fitness centers, daycare may permit farming, timber harvesting, or other uses of a rural nature as well as some types of conservation- facilities, locker or shower facilities, mail rooms, fire control rooms, fully enclosed courtyards outside the oriented development to continue, subject to the exterior walls, and building core and service areas such easement. (Dictionary) as fully enclosed mechanical or equipment rooms. Contributory Value Specifically excluded from building common area are A type of value that reflects the amount a property or floor common areas, parking space, portions of loading component of a property contributes to the value of docks outside the building line, and major vertical another asset or to the property as a whole. penetrations. (BOMA) The change in the value of a property as a whole, Building Rentable Area whether positive or negative, resulting from the addition The sum of all floor rentable areas. Floor rentable area is or deletion of a property component. Also called the result of subtracting from the gross measured area deprival value in some countries. (Dictionary) of a floor the major vertical penetrations on that same floor.It is generally fixed for the life of the building and is rarely affected by changes in corridor size or configuration. (BOMA) ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 86 Valbridge BOYNTON BEACH TOWN SQUARE .,,•: PROPERTY ADVISORS ADDENDA Debt Coverage Ratio (DCR) Effective Date The ratio of net operating income to annual debt service 1) The date on which the appraisal or review opinion (DCR = NOI/Ii which measures the relative ability of a applies. (SVP) property to meet its debt service out of net operating 2) In a lease document, the date upon which the lease income; also called debt service coverage ratio (DSCR). A goes into effect. (Dictionary) larger DCR typically indicates a greater ability for a property to withstand a reduction of income, providing Effective Gross Income i an improved safety margin for a lender. (Dictionary) The anticipated income from all operations of the real estate after an allowance is made for vacancy and Deed Restriction collection losses and an addition is made for any other A provision written into a deed that limits the use of income. (Dictionary) land. Deed restrictions usually remain in effect when title passes to subsequent owners. (Dictionary) Effective Rent Total base rent, or minimum rent stipulated in a lease, Depreciation over the specified lease term minus rent concessions; 1) In appraisal, a loss in property value from any cause; the rent that is effectively paid by a tenant net of the difference between the cost of an improvement financial concessions provided by a landlord. (TIs). on the effective date of the appraisal and the (Dictionary) market value of the improvement on the same date. EPDM 2) In accounting, an allocation of the original cost of an asset, amortizing the cost over the asset's life; Ethylene Propylene Diene Monomer Rubber. A type of calculated using a variety of standard techniques. synthetic rubber typically used for roof coverings. (Dictionary) (Dictionary) Disposition Value Escalation Clause The most probable price that a specified interest in A clause in an agreement that provides for the property should bring under the following conditions: adjustment of a price or rent based on some event or Consummation of a sale within a specified time, index. e.g., a provision to increase rent if operating which is shorter than the typical exposure time for expenses increase; also called escalator clause, expense such a property in that market. recovery clause or stop clause. (Dictionary) The property is subjected to market conditions Estoppel Certificate prevailing as of the date of valuation; A signed statement by a party (such as a tenant or a Both the buyer and seller are acting prudently and mortgagee) certifying, for another's benefit, that certain knowledgeably; facts are correct, such as that a lease exists, that there The seller is under compulsion to sell; are no defaults, and that rent is paid to a certain date. The buyer is typically motivated; (Black's) In real estate, a buyer of rental property Both parties are acting in what they consider to be typically requests estoppel certificates from existing their best interests; tenants. Sometimes referred to as an estoppel letter. An adequate marketing effort will be made during (Dictionary) the exposure time; Payment will be made in cash in U.S. dollars (or the Excess Land local currency) or in terms of financial arrangements Land that is not needed to serve or support the existing comparable thereto;and use. The highest and best use of the excess land may or The price represents the normal consideration for may not be the same as the highest and best use of the the property sold, unaffected by special or creative improved parcel. Excess land has the potential to be financing or sales concessions granted by anyone sold separately and is valued separately. (Dictionary) associated with the sale. (Dictionary) Excess Rent Easement The amount by which contract rent exceeds market rent The right to use another's land for a stated purpose. at the time of the appraisal; created by a lease favorable (Dictionary) to the landlord (lessor) and may reflect unusual EIFS management, unknowledgeable or unusually motivated parties, a lease execution in an earlier, stronger rental Exterior Insulation Finishing System. This is a type of market,or an agreement of the parties. (Dictionary) exterior wall cladding system. Sometimes referred to as dry-vit. ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 87 Valbridge BOYNTON BEACH TOWN SQUARE .,,•: PROPERTY ADVISORS ADDENDA Expense Stop the going concern or market value of the total assets of A clause in a lease that limits the landlord's expense the business. (Dictionary) obligation, which results in the lessee paying operating Gross Building Area (G BA) expenses above a stated level or amount. (Dictionary) 1) Total floor area of a building, excluding unenclosed Exposure Time areas, measured from the exterior of the walls of 1) The time a property remains on the market. the above-grade area. This includes mezzanines 2) The estimated length of time that the property and basements if and when typically included in the interest being appraised would have been offered market area of the type of property involved. on the market prior to the hypothetical 2) Gross leasable area plus all common areas. consummation of a sale at market value on the 3) For residential space,the total area of all floor levels effective date of the appraisal; Comment: Exposure measured from the exterior of the walls and time is a retrospective opinion based on an analysis including the superstructure and substructure of past events assuming a competitive and open basement; typically does not include garage space. market. (Dictionary) (Dictionary) Extraordinary Assumption Gross Measured Area An assumption, directly related to a specific assignment, The total area of a building enclosed by the dominant as of the effective date of the assignment results,which, portion (the portion of the inside finished surface of the if found to be false, could alter the appraiser's opinions permanent outer building wall which is 50 percent or or conclusions. Comment: Extraordinary assumptions more of the vertical floor-to-ceiling dimension, at the presume as fact otherwise uncertain information about given point being measured as one moves horizontally physical, legal, or economic characteristics of the subject along the wall), excluding parking areas and loading property; or about conditions external to the property docks (or portions of same) outside the building line. It such as market conditions or trends; or about the is generally not used for leasing purposes and is integrity of data used in an analysis. (USPAP, 2016-2017 calculated on a floor by floor basis. (BOMA) ed.) Gross Up Method Fee Simple Estate A method of calculating variable operating expenses in Absolute ownership unencumbered by any other income-producing properties when less than 100% interest or estate, subject only to the limitations occupancy is assumed. Expenses reimbursed based on imposed by the governmental powers of taxation, the amount of occupied space, rather than on the total eminent domain, police power, and escheat. (Dictionary) building area,are described as "grossed up." (Dictionary) Floor Common Area Gross Retail Sellout In an office building, the areas on a floor such as The sum of the separate and distinct market value washrooms, janitorial closets, electrical rooms, opinions for each of the units in a condominium, telephone rooms, mechanical rooms, elevator lobbies, subdivision development, or portfolio of properties, as and public corridors which are available primarily for the of the date of valuation. The aggregate of retail values use of tenants on that floor. (BOMA) does not represent the value of all the units as though sold together in a single transaction;it is simply the total Full Service (Gross) Lease of the individual market value conclusions. Also called A lease in which the landlord receives stipulated rent the aggregate of the retail values, aggregate retail selling and is obligated to pay all of the property's operating price or sum of the retail values.. (Dictionary) and fixed expenses; also called a full service lease. (Dictionary) Ground Lease A lease that grants the right to use and occupy land. Furniture, Fixtures, and Equipment(FF&E) Improvements made by the ground lessee typically Business trade fixtures and personal property, exclusive revert to the ground lessor at the end of the lease term. of inventory. (Dictionary) (Dictionary) Going-Concern Value Ground Rent An outdated label for the market value of all the The rent paid for the right to use and occupy land tangible and intangible assets of an established and according to the terms of a ground lease; the portion of operating business with an indefinite life, as if sold in the total rent allocated to the underlying land. aggregate; more accurately termed the market value of (Dictionary) ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 88 Valbridge BOYNTON BEACH TOWN SQUARE .,,•: PROPERTY ADVISORS ADDENDA HVAC Investment Value Heating, ventilation, air conditioning (HVAC) system. A The value of a property to a particular investor or class unit that regulates the temperature and distribution of of investors based on the investor's specific heat and fresh air throughout a building. (Dictionary) requirements. Investment value may be different from market value because it depends on a set of investment Highest and Best Use criteria that are not necessarily tYp ical of the market. 1) The reasonably probable use of property that (Dictionary) results in the highest value.The four criteria that the highest and best use must meet are legal Just Compensation permissibility, physical possibility, financial In condemnation, the amount of loss for which a feasibility, and maximum productivity. property owner is compensated when his or her 2) The use of an asset that maximizes its potential and property is taken. Just compensation should put the that is possible, legally permissible, and financially owner in as good a position pecuniarily as he or she feasible. The highest and best use may be for would have been if the property had not been taken. continuation of an asset's existing use of for some (Dictionary) alternative use. This is determined by the use that a market participant would have in mind for the asset Leased Fee Interest when formulating the price that it would be willing The ownership interest held by the lessor, which to bid. (IVS) includes the right to receive the contract rent specified 3) [The] highest and most profitable use for which the in the lease plus the reversionary right when the lease property is adaptable and needed or likely to be expires. (Dictionary) needed in the reasonably near future. (Uniform Leasehold Interest Appraisal Standards for Federal Land Acquisitions) The right held by the lessee to use and occupy real (Dictionary) estate for a stated term and under the conditions Hypothetical Condition specified in the lease. (Dictionary) 1) A condition that is presumed to be true when it is Lessee (Tenant) known to be false. (SVP — Standards of Valuation One who has the right to occupancy and use of the Practice, effective January 1,2015) property of another for a period of time according to a 2) A condition, directly related to a specific lease agreement. (Dictionary) assignment, which is contrary to what is known by the appraiser to exist on the effective date of the Lessor (Landlord) assignment results, but is used for the purpose of One who conveys the rights of occupancy and use to analysis. Comment: Hypothetical conditions are others under a lease agreement. (Dictionary) contrary to known facts about physical, legal, or economic characteristics of the subject property; or Liquidation Value about conditions external to the property, such as The most probable price that a specified interest in market conditions or trends; or about the integrity property should bring under the following conditions: of data used in an analysis. (USPAP, 2016-2017 ed.) Consummation of a sale within a short time period. (Dictionary) The property is subjected to market conditions Industrial Gross Lease prevailing as of the date of valuation. A type of modified gross lease of an industrial property Both the buyer and seller are acting prudently and knowledgeably. in which the landlord and tenant share expenses. The , The seller is under extreme compulsion to sell. landlord receives stipulated rent and is obligated to pay , The buyer is typically motivated. certain operating expenses, often structural , goth parties are acting in what they consider to be maintenance, insurance and real property taxes, as their best interests. specified in the lease. There are significant regional and , A normal marketing effort is not possible due to the local differences in the use of this term. (Dictionary) brief exposure time. Insurable Value Payment will be made in cash in U.S. dollars (or the A type of value for insurance purposes. (Typically this local currency) or in terms of financial arrangements includes replacement cost less basement excavation, comparable thereto. foundation, underground piping and architect's fees). The price represents the normal consideration for (Dictionary) the property sold, unaffected by special or creative ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 89 Valbridge BOYNTON BEACH TOWN SQUARE .,,•: PROPERTY ADVISORS ADDENDA financing or sales concessions granted by anyone the effective date of an appraisal. Marketing time differs associated with the sale. (Dictionary) from exposure time, which is always presumed to precede the effective date of an appraisal. (Advisory Loan to Value Ratio (LTV) Opinion 7 of the Appraisal Standards Board of the The ratio between a mortgage loan and the value of the Appraisal Foundation and Statement on Appraisal property pledged as security, usually expressed as a Standards No. 6, "Reasonable Exposure Time in Real percentage. (Dictionary) Property and Personal Property Market Value Opinions" Major Vertical Penetrations address the determination of reasonable exposure and Stairs, elevator shafts, flues, pipe shafts, vertical ducts, marketing time.) (Dictionary) and the like, and their enclosing walls. Atria, lightwells Master Lease and similar penetrations above the finished floor are A lease in which the fee owner leases a part or the entire included in this definition. Not included, however, are property to a single entity (the master lease) in return vertical penetrations built for the private use of a tenant for a stipulated rent. The master lessee then leases the occupying office areas on more than one floor. property to multiple tenants. (Dictionary) Structural columns,openings for vertical electric cable or telephone distribution, and openings for plumbing lines Modified Gross Lease are not considered to be major vertical penetrations. A lease in which the landlord receives stipulated rent (BOMA) and is obligated to pay some, but not all, of the Market Rent property's operating and fixed expenses. Since assignment of expenses varies among modified gross The most probable rent that a property should bring in a leases, expense responsibility must always be specified. competitive and open market reflecting the conditions In some markets, a modified gross lease may be called a and restrictions of a specified lease agreement, double net lease, net net lease, partial net lease, or semi- including the rental adjustment and revaluation, gross lease. (Dictionary) permitted uses, use restrictions, expense obligations; term, concessions, renewal and purchase options and Operating Expense Ratio tenant improvements (TIs). (Dictionary) The ratio of total operating expenses to effective gross income (TOE/EGD; the complement of the net income Market Value ratio, i.e.,OER= 1—NIR(Dictionary) The most probable price that a property should bring in a competitive and open market under all conditions Option requisite to a fair sale, the buyer and seller each acting A legal contract, typically purchased for a stated prudently and knowledgeably, and assuming the price is consideration, that permits but does not require the not affected by undue stimulus.Implicit in this definition holder of the option (known as the optionee) to buy, sell, is the consummation of a sale as of a specified date and or lease real estate for a stipulated period of time in the passing of title from seller to buyer under conditions accordance with specified terms; a unilateral right to whereby: exercise a privilege. (Dictionary) Buyer and seller are typically motivated; Both parties are well informed or well advised, and Partial Interest acting in what they consider their own best Divided or undivided rights in real estate that represent interests; less than the whole, i.e., a fractional interest such as a A reasonable time is allowed for exposure in the tenancy in common, easement, or life interest. open market; (Dictionary) Payment is made in terms of cash in United States pass Through dollars or in terms of financial arrangements A tenant's portion of operating expenses that may be comparable thereto;and composed of common area maintenance (CAM), real The price represents the normal consideration for property taxes, property insurance, and any other the property sold unaffected by special or creative expenses determined in the lease agreement to be paid financing or sales concessions granted by anyone by the tenant. (Dictionary) associated with the sale. (Dictionary) Potential Gross Income (PGI) The total income attributable to property at full Marketing Time occupancy before vacancy and operating expenses are An opinion of the amount of time it might take to sella deducted. (Dictionary) real or personal property interest at the concluded market value level during the period immediately after ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 90 Valbridge BOYNTON BEACH TOWN SQUARE .,,•: PROPERTY ADVISORS ADDENDA Prospective Future Value Upon Completion the type of value with this term is appropriate, e.g., A prospective market value may be appropriate for the ""retrospective market value opinion." (Dictionary) valuation of a property interest related to a credit Sandwich Leasehold Estate decision for a proposed development or renovation project. According to USPAP, an appraisal with a The interest held by the sandwich leaseholder when the prospective market value reflects an effective date that property is subleased to another party; a type of is subsequent to the date of the appraisal report. ... The leasehold estate. (Dictionary) prospective market value —as completed- reflects the Sublease property's market value as of the time that development An agreement in which the lessee in a prior lease is expected to be complete. (Dictionary) conveys the right of use and occupancy of a property to Prospective Future Value Upon Stabilization another, the sublessee, for a specific period of time, A prospective market value may be appropriate for the which may or may not be coterminous with the valuation of a property interest related to a credit underlying lease term. (Dictionary) decision for a proposed development or renovation Subordination project. According to USPAP, an appraisal with a A contractual arrangement in which a party with a claim prospective market value reflects an effective date that to certain assets agrees to make his or her claim junior, is subsequent to the date of the appraisal report ...The or subordinate, to the claims of another party. prospective market value — as stabilized — reflects the (Dictionary) property's market value as of the time the property is projected to achieve stabilized occupancy. For an Surplus Land income-producing property, stabilized occupancy is the Land that is not currently needed to support the existing occupancy level that a property is expected to achieve use but cannot be separated from the property and sold after the property is exposed to the market for lease off for another use. Surplus land does not have an over a reasonable period of time and at comparable independent highest and best use and may or may not terms and conditions to other similar properties. contribute value to the improved parcel. (Dictionary) (Dictionary) Triple Net (Net Net Net) Lease Replacement Cost An alternative term for a type of net lease. In some The estimated cost to construct, at current prices as of a markets, a net net net lease is defined as a lease in specific date, a substitute for a building or other which the tenant assumes all expenses (fixed and improvements, using modern materials and current variable) of operating a property except that the standards, design,and layout. (Dictionary) landlord is responsible for structural maintenance, building reserves, and management; also called NNN Reproduction Cost lease,net net net lease,or fully net lease. (Dictionary) The estimated cost to construct, at current prices as of the effective date of the appraisal, an exact duplicate or (The market definition of a triple net lease varies; in replica of the building being appraised, using the same some cases tenants pay for items such as roof repairs, materials, construction standards, design, layout, and parking lot repairs,and other similar items.) quality of workmanship and embodying all of the deficiencies, superadequacies, and obsolescence of the Usable Area subject building. (Dictionary) The measured area of an office area, store area, or building common area on a floor. The total of all the Retrospective Value Opinion usable areas for a floor shall equal floor usable area of A value opinion effective as of a specified historical date. that same floor. (BOMA) The term retrospective does not define a type of value. Instead, it identifies a value opinion as being effective at Value-in-Use some specific prior date. Value as of a historical date is The value of a property assuming a specific use, which frequently sought in connection with property tax may or may not be the property's highest and best use appeals, damage models, lease renegotiation, deficiency on the effective date of the appraisal. Value in use may judgments, estate tax, and condemnation. Inclusion of or may not be equal to market value but is different conceptually. (Dictionary) ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 91 Ar� BOYNTON BEACH TOWN SQUARE �.,;•: PROPERTY ADVISORS ADDENDA ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 92 Valbridge BOYNTON BEACH TOWN SQUARE .,,•: PROPERTY ADVISORS ADDENDA Qualifications for Dan Griffin VALBRIDGE PROPERTY ADVISORSI BOYD, SCHMIDT & 2711 Poinsettia Avenue West Palm Beach, Florida 33407 Tax ID#65-0641218 Telephone: (561) 833-5331 Fax: (561) 833-8231 E-mail: dgriffin@valbrid_e.com Education Bachelor of Science Degree— Real Estate 2003 Florida State University Professional Experience Senior Appraiser June 2014— Present Valbridge Property Advisors I Boyd, Schmidt & Brannum General Appraiser May 2010—June 2014 Boyd, Schmidt & Brannum Apprentice Trainee March 2006—June 2010 Boyd, Schmidt & Brannum Memberships/Affiliations MAI Candidate - Appraisal Institute Candidates for Designation are pursuing designated membership with the Appraisal Institute, and hold a state certification or equivalent. Candidates for Designation are required to abide by the Appraisal Institute Code of Professional Ethics and Standards of Professional Practice. Real Estate Education Florida State University ■ Real Estate Principles ■ Real Estate Feasibility Analysis ■ Real Estate Appraisal ■ Real Estate Finance ■ Legal Environment of Real Estate 0 USPAP ■ Real Estate Market Analysis Appraisal Institute ■ General Appraiser Report Writing and ■ Advanced Income Capitalization Case Studies ■ Advanced Concepts &Case Studies ■ Advanced Market Analysis & Highest and Best Use ■ Quantitative Analysis ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 93 Valbridge BOYNTON BEACH TOWN SQUARE .,,•: PROPERTY ADVISORS ADDENDA License/Certification State Certified General Appraiser# RZ3393 - Expiration 11/30/18 RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL ISD RZ3393 The CERTIFIED GENERAL APPRA65ER Named below IS CERTIFIED r, Under the,provlscons of Chapter 475 FS, _ Expirauoh date: NOV 30,2018 �yy GRIFFIN,DAN ❑ 1474 RAINTREE LIN k PALS BEACH GfR� ` ISSUED: 11/2912016 SP G. C11 .. 001873' ' ©2018 VALBRIDGE PROPERTY ADVISORS Boyd,Schmidt and Brannum Page 94 ��Q��v� �� BDYNTDNBEACH TDVVNSQUARE v��0��# �K�%�~~ pnopsnTvAow/soes ADDENDA Qualifications for Flay'r1 VV AOmd' MAI VALBRIDGE PROPERTY ADVISORS | BOYD, SCHMDDT & BRANNUM 2711Poinsettia Avenue West Palm Beach, Florida 33407 Tax[D#65 0641218 Telephone: (561) 833 5331 Fax: (561) 8338231 E-mail: Education Bachelor of Science Degmme— Financeand Real Estate 1980 Florida State University Professional Experience Managing Director June 2O14— Present Va|bridgoProperty Advisors | Boyd, Schmidt & Brannum Principal February 1996—June 2O14 Boyd, Schmidt & Brannum Pmmsident/CommmmemciaUManager December 1988— February 1996 Pardue, Heid, Church, Smith &Waller ofSouth Florida, Inc Associate and Senior Appraiser April 1984— November 1988 Pardue, Heid, Church, Smith &Waller, Inc.—Orlando, FL Numerous real estate appraisal, valuation, evaluation and consulting services. Property types include: mixed use developments; Developments of Regional Impact i Community Development Districts ([DDs); planned unit developments (PUD's); residential subdivisions; multi and single tenant office and office buildings; Low Income Housing Tax Credit (L[HT[) and bond financed multi-family projects; regional, neighborhood and strip retail centers; hotels; industrial warehouses; flex buildings; mini storage facilities; vacant industrial land; vacant commercial land; restaurants; marinas; ranches; crop land; citrus groves and foliage nurseries. K4AJ (Certificate No. 8423) Appraisal Institute The Appraisal Institute conducts a voluntary program of continuing education for its designated members. David W. Boyd, MAI, has completed the requirements under the continuing education program ofthe Appraisal Institute. Realtor Associate Member ofBoard ofRealtors ofthe Palm Beaches @20I8vAmxmc/ pxop/x|vADVISORS� Boyd,Schmidt and umnnvm Page 95 Valbridge BOYNTON BEACH TOWN SQUARE .,,•: PROPERTY ADVISORS ADDENDA Real Estate Education Courses Sponsored by AIREA/Appraisal Institute ■ Real Estate Appraisal Principles Comprehensive Examination ■ Basic Valuation Procedures Hotel/Motel Market Study,Valuation &Investment ■ Capitalization Theory and Techniques, USPAP - License Law Update Seminar Part A& Part B Highest and Best Use and Market Analysis ■ Standards of Professional Practice, Business Practices and Ethics Part A, Part B &Part C Florida State Law for Real Estate Appraisers ■ Valuation Analysis and Report Writing Evaluating Commercial Construction ■ Case Studies in Real Estate Valuation Seminars Sponsored by South Florida Water Management District ■ Valuation of Agricultural Land for Cattle Grazing Mitigation Banking ■ Valuation of Less than Fee Acquisitions -TDR's Less than Fee Acquisitions - Easements and Mineral ■ Sales Comparison Approach for Litigation Rights ■ Understanding Wetlands for Appraisal Purposes Eminent Domain - Litigation Skills for the Appraiser Sponsored by American Law Institute - American Bar Association ■ Eminent Domain and Land Valuation Litigation Sponsored by the Appraisal Institute - South Florida-Caribbean Chapter ■ Litigation Valuation and Mock Trial Under The Microscope: Users of Appraisal Services ■ Americans With Disabilities Act(ADA) Appraisal Review Round Table ■ Appraising Troubled Properties Expert Witness Circuit Court 11th Judicial Circuit for Miami-Dade County Circuit Court 15th Judicial Circuit for Palm Beach County Circuit Court 17th Judicial Circuit for Broward County Circuit Court 18th Judicial Circuit for Brevard County Circuit Court 19th Judicial Circuit for Indian River County US Bankruptcy Court Southern District of Florida License/Certification Registered Florida Real Estate Broker - Expiration 09/30/17 State Certified General Appraiser#RZ354 - Expiration 11/30/18 RICK SCOTT,GOVERNOR KEN LAWSON SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA..REAL ESTATE APPRAISAL 80 —54 The CERTIFIED GENERALAPPRAISER Named Paelaw IS CERTIFIED Under the owlsklons o9 Chapter 475 FS. Expira€ii NOV.30,2618 k mg � ITYD„ISA+ wAYNE Mpr i D IC 277$PDTrutAve � Y4E5TRALMr�"'"-`"�Mal Si�, l" ISSUED, 10414010, DISPLAY AS REQUIRED BY LAW SEO# L1s103109041V ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 96 Ar� BOYNTON BEACH TOWN SQUARE �.,;•: PROPERTY ADVISORS ADDENDA Information on Valbridge Property Advisors And Office Locations ©2018 VALBRIDGE PROPERTY ADVISORS I Boyd,Schmidt and Brannum Page 97 ig ■ t�ornpany Information on Valbridge Property Advisors Valbridge is the Largest, Independent, National, Commercial real estate valuation and advisory services firm in North America: - Total number of MRIs(200 on staff) - Total number of office locations (70 across the U.S.) - Total number of staff(675 strong) Valbridge covers the U.S. from coast to coast. Valbridge services all property types, including special-purpose properties. Valbridge provides independent valuation services.we are not owned by a brokerage firm or investment company. Every Valbridge office is led by a senior managing director who holds the MAI designation of the Appraisal Institute. Valbridge is owned by our local office leaders. Valbridge welcomes single-property assignments as well as portfolio, multi-market and other bulk-property engagements. z maj i � d I ALABAMA FLORIDA(Cont"d,) MASSACHUSETTS OKLAHOMA UTAH 4732 Woodmere Boulevard 2fi0 Bear Hill Road 6525 N.Meridian Avenue Montgomery,AL 36106 8200 NW 41 st Street 260 South 2 500!Nest 334.277 5077 Suite 200 Suite 106 Suite 309 Suite 301 Doral,FL 33166 Waltham MA 02451 Oklahoma City,OK 73116 Pleasant Grove,UT 84062 ARIZONA 305.639.8029 781.790.5645 405.603.1553 801.492.9328 666E South Sheridan Road 1100 East 6600 South 6061 E.Grant Road 603 Hillcrest Street MICHIGAN Suite 104 Suite 201 Suite 121 Orlando FL 32803 Tulsa,OK 74133 Salt Lake City,UT 84121 Tucson,AZ 85712 407.839.3626 1420 Washington Blvd. 918.7119992 801.262.3388 520.321.0000 Suite 301 1100 16th Street N Detroit,MI 48226 PENNSYLVANIA 20 North,Main CALIFORNIA 72T894.1800 Petersburg,FL 33705 313.986.3313. 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ANDEPSON CAPP BROKER'S OPINION OF VALUE FOR A 1.30 ACRE COMMERCIAL SITE LOCATED AT 115 NORTH FEDERAL HIGHWAY BOYNTON BEACH,FLORIDA 33435 FOR PAUL FINKS, CHAIRMAN OF THE TRUSTEES BOYNTON BEACH CONGREGATIONAL UNITED CHURCH OF CHRIST BY ROBERT B.BANTING BK 3748 AND CYNTHIA NALLEY BK 3291919 WITH ANDERSON &CARR,INC. 521 SOUTH OLIVE AVENUE WEST PALM BEACH,FLORIDA 33401 DATE OF INSPECTION: NOVEMBER 10,2017 DATE OF REPORT: NOVEMBER 17,2017 DATE OF VALUE: NOVEMBER 10,2017 FILE NO.: 2170405.000 CLIENT REFERENCE: 115 NORTH FEDERAL HIGHWAY ANDEPSON CAPP APPRAISERS• REALTORS-CONSULTANTS•DEVELOPERS November 17, 2017 Mr. Paul Finke Chairman of the Trustees Boynton Beach Congregational United Church of Christ 115 North Federal Highway Boynton Beach, FL 33435 Re: A 1.30 Acre Commercial Site 115 North Federal Highway Our File No. 2170405.000 Dear Mr. Finke: Pursuant to your request, we have provided a broker's opinion of value for the real property being 115 North Federal Highway, Boynton Beach, FL 33435. The subject property consists of a commercial site containing 1.30 acres of land located in Boynton Beach. The purpose of this broker evaluation is to estimate the market value of the fee simple estate of the subject property as of November 10, 2017. The intended use of the report is to assist the client and intended user in rendering a decision on a possible sale of the property. This evaluation report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this evaluation is considered a misuse and thus the brokers will not be held responsible for any outcome associated with use by another entity or for another purpose. We have utilized the sales comparison approach, the most common method used for valuing properties such as the subject property. As a result of our analysis, we have developed an opinion that the market value, set forth in the attached report, as of November 10, 2017 was: MARKET VALUE: $2,800,000 Respectfully submitted, ANDERSON& CARR, INC. C { �.: Robert B.Banting BK 3748 6119�Aa� Cynthia Nalley BK 329191 115 North Federal Highway A&C Job No.: 2170405.000 ANDEPSON C SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: Paul Finke, Chairman of the Trustees Boynton Beach Congregational United Church of Christ Intended User: Boynton Beach Congregational United Church of Christ Property Right Evaluated: Fee Simple Estate Special Assumptions Referenced: None Unusual Market Externality: None Location: The parcel is located on the west side of North Federal Highway, just north of Ocean Avenue and south of East Boynton Beach Blvd in Boynton Beach. Site Area: The subject site contains 56,410 square feet or 1.30 acres. Improvements: Year Built: 1953 Condition: Average Condition Building Size: 13,664 square feet Topography: Level and near road grade Drainage: Appears adequate Soil/Environmental Condition: We have not been provided with nor have we commissioned a soil or sub-soil condition report. The subject's land appears to be composed of typical loose South Florida sand. Zoning: CBD-Central Business by City of Boynton Beach Land Use: 7100—Religious by City of Boynton Beach Current Use: Church Highest and Best Use: Assemblage with adjoining parcels for redevelopment Typical Buyer Profile: Developer or Owner/User 115 North Federal Highway A&C Job No.: 2170405.000 1 ANDEPSON C Street Frontage: Approximately 120 feet of frontage on the west side of North Federal Highway. Site Comments: Additional parcel used for overflow parking. 115 North Federal Highway A&C Job No.: 2170405.000 2 ANDEPSON C AREA/LOCATION MAPS i Y- s ��,, -- •- t��t ( �t ��iej-- •,sY� ` a_a�,l y iliv-.,f!. k r t 1 ! v i 14tk i 1 (( r k �} z n• � I "s, { � I�. `� �t��sig ki��t€s '�. Ave , kt 115 North Federal Highway A&C Job No.: 2170405.000 3 ANDEPSON C Subject t� +( Oc i Y t !t !y = - - - °,z NW 6th Ave r� z Mangrove rove Pari ,Oceanfront Park Beach Subject IV6 eo4 E Boynton Beach "1t a 115 North Federal High ay VV Ocean Ave F Ocean Ave 6 rccan Ave 0 C e a n R i' OU Aac' SW 2nd A" W yxIAve LlA Ave CO SF 5th Ave w W 6 )Ave C t1 LLDcean Ridge s U SVV 7th Ave ru , hur l Are SW Bih Ave 115 North Federal Highway A&C Job No.: 2170405.000 4 ANDEPSON C SUBJECT PROPERTY PHOTOS JCis y � 4 �f i Y. ,u f Subject Parcel—North Federal Highway facing West v' r \ w Subject Parcel -Northeast 4" Street facing East 115 North Federal Highway A&C Job No.: 2170405.000 5 ANDEPSON C j {r i ��jj7 re"",mm Northeast 1st Avenue facing South e- C, Subject Interior 115 North Federal Highway A&C Job No.: 2170405.000 6 ANDEPSON C � ' d V �� ,"�, `t£U ir�r�s k,, t ��1�U•,,'' ��-��Z2d+tfi{�� r n it r �M^J ytA Northeast 4"Street facing East—Adjacent Parcel x d 1 t i i st i k i i1tU� �tiv^n { i intikoz, Northeast 1St Avenue facing North—Adjacent Parcel 115 North Federal Highway A&C Job No.: 2170405.000 7 ANDEPSON C NEIGHBORHOOD SUMMARY sl t iti eF oriRls s. f _ x i,r, sJ s i ss s f,4� is NIS s�JA — i t ss�4 The subject property is located in downtown Boynton Beach in the Central Business District. The neighborhood's boundaries are 1-95 to the west, the Intracoastal Waterway to the east, Southeast 6th Avenue to the south, and Northeast Sixth Avenue to the north. To the west of the Central Business District lies the Ocean District Community Redevelopment district. The redevelopment district boundaries are Northeast 3rd Avenue to the north, Southeast 2nd Avenue to the south, Seacrest Boulevard to the west and the FEC Railroad tracks to the east. The district is characterized by older commercial properties along the major thoroughfares with moderately priced single family residences in the interior neighborhoods. The neighborhood has good access. The primary thoroughfares are Boynton Beach Boulevard, Federal Highway, and Ocean Avenue. Boynton Beach Boulevard provides access to the Congress Avenue commercial district, a busy retail area, as well as recently developed residential areas lying west of the city. Ocean Avenue provides access to State Road AIA and wealthy beach communities. Federal Highway traverses Palm Beach County's older coastal neighborhoods. Federal Highway also provides access to 115 North Federal Highway A&C Job No.: 2170405.000 8 ANDEPSON C Atlantic Avenue in downtown Delray Beach, an older commercial district that has redeveloped with a thriving restaurant and nightlife area. The City of Boynton Beach has a conceptual redevelopment plan for the district. Ocean Avenue underwent streetscape modification. East Ocean Avenue is seen as the "main street" of the downtown area as its volume of traffic is less than that of other main thoroughfares in the district. One of the goals for East Ocean Avenue is to make it a pedestrian friendly area of mixed use properties along with the public use properties within the district. The Intracoastal waterfront and Ocean Avenue east of Federal Highway has been almost totally renovated. Over the past development cycle two new, waterfront, mixed-use, mid-rise projects have been completed and a new municipal marina built. Due to past economic and market conditions, the projects have had mixed success as many of the residential units failed to sell out. This caused one of the projects which was originally branded as The Promenade to fail. However,it was taken over by a new developer and rebranded as Casa Costa and they have begun generating positive sales momentum for the residential units. However, much of the commercial space is still vacant. This trend would be expected to change as the residential units fill up and create more demand for local commercial services. The South Federal Highway corridor from Boynton Beach Boulevard extending to the south is composed of mixed commercial and residential uses. Improvements along this stretch of South Federal Highway are primarily characterized by older neighborhood shopping centers, miscellaneous stores, motels and auto related facilities. The subject property falls within an area of the community redevelopment plan. The community redevelopment plan basically calls for enhancement of existing uses; civic in the west, commercial along Boynton Beach Boulevard, multi-family in the center and single family in the south. It appears that primarily commercial uses were intended between 3rd Street and the CSX Railroad. This area from about Southeast 1st Street to north of Boynton Beach Boulevard contains older properties including several houses, several vacant tracts, and a number of commercial uses. This area is destined for mixed use with multi-family projects that include commercial space on Boynton Beach Boulevard and Ocean Avenue. The 4.7 acre full city block located south of the subject was assembled during the last development cycle but recessionary influences delayed its development. 500 Ocean has now been developed and includes 341 residential rental units in a six story building with 13,800 square feet of retail space on the first floor along Ocean Avenue with 6,600 square feet of office space on the second floor of the Ocean Avenue frontage. In general, the single and multi-family housing in the area is dated but in generally average condition. The commercial uses on Ocean Avenue and off of Boynton Beach Boulevard are also dated and in need of renovation. However, revitalization of the subject neighborhood is evident from the renovations along Boynton Beach Boulevard including noticeable renovations and new construction of the civic facilities, and the current 500 Ocean project. 115 North Federal Highway A&C Job No.: 2170405.000 9 ANDEPSON C PROPERTY DATA Taxpayer of Record Boynton Beach Congregational United Church of Christ, Inc. Palm Beach County Property Control Number(s) 08-43-45-28-03-006-0010; 08-43-45-28-03-001-0100 Assessed Value and Taxes for 2017 The following information was taken from the Palm Beach County Property Appraiser's and Tax Collector's web sites. Al j raa�l Improvements Land Total Value $541,877 $1,012,399 $1,554,276 Asetl end Taab1 Value Assessed Value Exemption Taxable Value $1,554,276 $1,554,276 $0 They Ad Valorem Non Ad Valorem Total Tax $0 $1,025 $1,025 A typical informed buyer would recognize the probability of a reassessment following a sale of the property and the possibility that taxes could change as a result,if the assessed value is substantially different than the true market value. Our value conclusion does not discount for any taxes owed on the property, current or delinquent. The value assumes the property is free and clear and not subject to any prior year's delinquencies or outstanding tax certificates. The appraisers strongly suggest any potential buyer, mortgagee, or other investor in the property fully investigate the tax status of the subject property with the County's Tax Collectors office. Subject Property Sales History We have not been provided with a title abstract on the property appraised. The Palm Beach County Property Appraiser's records indicate that the subject property last transferred on 6/2/1986 for a price of $10. This sale was recorded in Palm Beach County OR Book and Page 4895/294. To our knowledge, the subject property is not currently listed for sale or subject to a current purchase agreement. 115 North Federal Highway A&C Job No.: 2170405.000 10 ANDEPSON C SALES COMPARISON APPROACH The sales comparison approach is the process of deriving a value indication for the subject property by comparing market information for similar properties with the subject property, identifying appropriate units of comparison, and making qualitative comparisons with or quantitative adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market-derived elements of comparison. (Appraisal Institute, The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015.) The sales comparison approach requires that we locate recent sales of similar properties and through an adjustment process arrive at an indication of what these properties would have sold for if they possessed all of the salient characteristics of the subject property. These adjusted sales prices are then correlated into an estimate of the market value of the property via the sales comparison approach to value. A search of the Palm Beach County official records, local multiple listing service records, discussions with local brokers and appraisers and a personal inspection of the subject area produced several sales of similar type properties. The sales used in the analysis were the best comparables that we were able to verify with public records and/or a party to the transaction. The following pages feature a detailed write up of each comparable used in the analysis, a location map and summary of the selected comparable sales data, which is followed by a discussion of the pertinent adjustments and conclusion of value. 115 North Federal Highway A&C Job No.: 2170405.000 it ANDEPSON C SALE NO. 1 - 2419 North Federal Highway, Delray Beach, FL 33483 AC File No.: 2100128, 2110285, 2160141.001 ID: 908637 rm� n A t m l G l f ` r.F � Eroerei � w , canary walk - b i 1, Ir 4 ei r,p i a _ n OR Book/Page: 28079/1717 Type: Land Sale Status: Sale Sub-Type: Commercial Date: January 26, 2016 Grantor: J.G. O'Neil, Inc. Grantee: Adoodledoo, LLC Legal: Lots 31, 32, 33, 34, and 35, Delray Beach Estates, Plat Book 21, Page 13, Palm Beach County, Florida. Folio No.: 12-43-46-04-08-000-0310, 12-43-46-04-08-000-0320, 12-43-46-04-08-000-0330, 12-43- 46-04-08-000-0340, 12-43-46-04-08-000-0352, and 12-43-46-04-08-000-0351 Location: East side of North Federal Highway about 1/4 mile south of Gulfstream Boulevard, Delray Beach. Zoning: GC- General Commercial by Delray Beach Land Use: Commercial Utilities: Municipal water and sewer, electricity, and telephone 115 North Federal Highway A&C Job No.: 2170405.000 12 ANDEPSON C Site Size: Square Feet: 171,025 Acres: 3.93 Shape: Irregular Street Frontaae (Ft.k 500 Topography/Elevation: Level, near road grade Use: Current Use: Vacant Land Intended Use: Land Bank Highest and Best Use: Commercial Verification: Source: Jeremy Stewart w/Park View Realty, Costar, public records Relationship: Listing Broker Conditions of Sale: Arm's length Verified By: B.Arnold Date: June 13, 2011 Sales History: June 15, 2011, $1,570,000, OR BKPG 24596/1756, purchased by an auto dealer seeking a special exception for an auto dealership Sales Price: $3,650,000 Price/SF Land: $21.34 Price/Acre: $929,699 Financing: Cash to Seller Comments: Broker indicates that the property was on the market for about a year and that the buyer is a land investor who has no immediate plans for development. Average Daily Traffic Counts 2015 North Federal Highway: 23,805 115 North Federal Highway A&C Job No.: 2170405.000 13 ANDEPSON C SALE NO. 2 - 2319 South Federal Highway, Boynton Beach, FL 33435 AC File No.: 2160466 ID: 908982 i r t 1 fj � v } is stj 'r i 41 r — r V OR Book/Page: 28127/0293 Type: Land Sale Status: Sale Sub-Type: Commercial Date: February 26, 2016 Grantor: Liquidation agent for Realty Acquisitions &Trust, Inc. Grantee: Knuckles LLC Legal: Lot 1, Less the existing right of way for US Highway No. 1 (State Road 5, and Lots 2, 3, 4 and 5, Robinson Addition, according to the map or plat thereof, as recorded in Plat Book 23, Page 14,of the Public Records of Palm Beach County, Florida Folio No.: 08-43-45-33-06-000-0010 Location: The northwest corner of South Federal Highway and SE 23rd Avenue, Boynton Beach, Florida Zoning: C3 - Commercial Community by Boynton Beach Land Use: Local Retail Commercial Utilities: Electric, telephone,water and sewer 115 North Federal Highway A&C Job No.: 2170405.000 14 ANDEPSON C Site Size: Square Feet: 55,186 Acres: 1.27 Shape: Rectangular Street Frontaae (Ft.) 140 Topography/Elevation: Level, near road grade Use: Current Use: Vacant land Intended Use: Commercial Highest and Best Use: Commercial Verification: Source: Federico Rochwerger Relationship: Listing broker Conditions of Sale: Arm's-length Verified By: W. Lewis Date: November 1, 2016 Sales History: Last sale in February 2007 for$1,760,166 recorded in OR Book 21459, Page 536 Sales Price: $975,000 Price/SF Land: $17.67 Price/Acre: $769,534 Financing: Cash to Seller Comments: This property has been listed since July 2010 and had approvals for an 18,000 square foot medical office building. The approvals expired in mid 2011. The grantee is reportedly planning to construct a retail grocery store on the site. 115 North Federal Highway A&C Job No.: 2170405.000 15 ANDEPSON C SALE NO. 3 - 1314 North Federal Highway, Delray Beach, FL 33483 AC File No.: 2160035.000, 21609466 ID: 908984 Dri (t s `? M t 9Lake Ave ; " y ' � t � Hitltlen Ha aNt 13tH St ] ' 4 NEtatnst� � `b; zor,a,way r n - NE ry � N fi tl ' m S y` n x n.' = Georg Bttsn 61et1 F E±! • 1 c% aG g 8 h&I d Gearge.Bu sh 6kvd.. OR Book/Page: 28143/1078 Type: Land Sale Status: Sale Sub-Type: Commercial Date: February 29, 2016 Grantor: Pelican Investment Group, LLC Grantee: MOGUP, LLC Legal: Lots 5 & 6 of the Plat of Harry Seemiller's Subdivision, as recorded in Plat book 9, Page 72, as recorded in Palm Beach County, Florida Folio No.: 12-43-46-09-12-000-0052, 12-43-46-09-12-00-0059, 12-43-46-09-12-00- 0061, 12-43-46-09-12-000-062, 12-43-46-09-39-000-0045 Location: On the west side of North Federal Highway and east side of Old Dixie Highway,just north of NE 10th Street, Delray Beach, Florida. Zoning: GC- General Commercial by Delray Beach Land Use: General Commercial Utilities: Municipal water and sewer, electricity, and telephone 115 North Federal Highway A&C Job No.: 2170405.000 16 ANDEPSON C Site Size: Square Feet: 134,387 Acres: 3.09 Shape: Irregular Street Frontaae (Ft.k 670 Topography/Elevation: Level, near road grade Use: Current Use: Vacant Intended Use: Unknown Highest and Best Use: Commercial Verification: Source: Katherine McGellen Relationship: Listing broker Conditions of Sale: Arm's-length Verified By: W. Lewis Date: October 31, 2016 Sales History: $3,231,567 in Jan-2011, OR BKPG 24309/0192 (Foreclosure), Feb-2015 $2,150,000 OR BKPG 27374/1698 Sales Price: $4,000,000 Price/SF Land: $29.76 Price/Acre: $1,296,596 Financing: None recorded Comments: Following the sale out of foreclosure, the property was immediately placed back on the market. The site has excellent frontage and exposure on both Old Dixie Highway and North Federal Highway. The selling agent could not confirm the buyer's plans for the site but indicated that it was likely a retail use. Average Daily Traffic Counts 2015 North Federal Highway: 23,805 115 North Federal Highway A&C Job No.: 2170405.000 17 ANDEPSON C SALE NO. 4 - SW quadrant of West Atlantic Avenue and Swinton Avenue, Delray Beach, FL 33444 AC File No.: 2170106.000 ID: 909286 ,: WASlaniic Ave _ ` W Adan Ric Aver r_� � EAllan€ic Ave�,,r r ur; 1 J+ f 4{ 1, !t s 41 r � .us t i fi t , � r OR Book/Page: 26925/109 Type: Land Sale Status: Sale Sub-Type: Commercial Date: July 14, 2016 Grantor: Rectory Park, LC Grantee: Atlantic Ave Development, LLC Legal: Long legal, see deed. Folio No.: 12-43-46-17-59-000-001; 0012, 12-43-46-16-01-061-0051; 0070; 0150; 0160; 0130 Location: Southwest quadrant of West Atlantic Avenue and Swinton Avenue in Delray Beach. Zoning: OSSAD - Old School Square Art District/West Atlantic Overlay by City of Delray Beach Land Use: Commercial Utilities: Municipal water and sewer, electricity, and telephone 115 North Federal Highway A&C Job No.: 2170405.000 18 ANDEPSON C Site Size: Square Feet: 116,584 Acres: 2.68 Shape: Irregular Street Frontaae (Ft.k 140 Topography/Elevation: Irregular, near road grade Use: Current Use: Commercial Intended Use: Commercial/Mixed Use Highest and Best Use: Commercial/Mixed Use Verification: Source: Hudson Holdings Relationship: Development Company Conditions of Sale: Arm's-length Verified By: M.Jackson Date: April 6, 2017 Sales History: No transactions in the previous five years Sales Price: $10,000,000 Price/SF Land: $85.78 Price/Acre: $3,736,921 Financing: Cash to seller Comments: This is an assemblage of parcels that were partially improved at the time of sale. The purchase of these parcels is also a portion of a larger assemblage by the developer. According to the developer, the existing improvements did not contribute to value; however, the developer also stated they have plans to renovate and expand the Sundy House which is located on this property and is also listed on the National Register of Historic Places. There is another older structure which the developer also stated they had plans to renovate. The remainder of the property will be used for a mixed use development known as Midtown Delray. There will be additional restaurants,retail, office and residential uses within this development. 115 North Federal Highway A&C Job No.: 2170405.000 19 ANDEPSON C SALE NO. 5 - 433 West Boynton Beach Boulevard, Boynton Beach, FL 33435 AC File No.: 2160466 ID: 908980 fta � u k -- I p ri Sus r 1"1tiz; ycvteasr Y @f d Woyn t€rreae3BPw3 - W�aynron&esctu 6Yvc5 d_ ° Y Y " a .,-.NDN 1s4 Aa.v e" . +7 .tst itve ��i��, 34{ il� 'r ra r II• OR Book/Page: NA/NA Type: Land Sale Status: Contract Sub-Type: Commercial Date: October 31, 2016 Grantor: Boynton East, LLC Grantee: NA Contract Legal: RIDGEWOOD LTS 83 TO 86 (LESS S 10 FT RD R/W) & LT 87 (LESS S 10 FT RD R/W & E 9.5 FT) & RIDGEWOOD HILLS PB23P250 LT 129 (LESS S 10 FT RD R/W) Folio No.: 08-43-45-21-15-000-0830 Location: North side of West Boynton Beach Boulevard two blocks east of I-95 Zoning: C2- Neighborhood Commercial by Boynton Beach Land Use: Local Retail Commercial Utilities: Water, electricity, municipal sewer 115 North Federal Highway A&C Job No.: 2170405.000 20 ANDEPSON C Site Size: Square Feet: 24,773 Acres: 0.57 Shape: Rectangular Street Frontaae (Ft.) 225 Topography/Elevation: Level, above road grade Use: Current Use: Vacant Intended Use: Retail Highest and Best Use: Retail Verification: Source: Ingrid Kennemer Relationship: Broker Conditions of Sale: Arm's-length Verified By: W. Lewis Date: October 31, 2016 Sales History: No transactions in the previous five years Sales Price: $625,000 Price/SF Land: $25.23 Price/Acre: $1,098,418 Financing: Cash to seller Comments: Current contract on a vacant commercial tract of land located just east of I-95 on the north side of West Boynton Beach Boulevard. The grantee plans to construct single story retail space on the site. The closing is pending completion of an environmental cleanup being done by the State of Florida. The asking price was $625,000 and the listing broker indicated that the contract was close to asking. 115 North Federal Highway A&C Job No.: 2170405.000 21 ANDEPSON C SALE NO. 6 - 234 Northeast 4th Avenue, Delray Beach, FL 33483 AC File No.: 270427,2170262.000 ID: 201 g -rya Get r � k NF 3rd St, , NE 7rd Sf lj�F NE drtl 9t „g t - NE7 tl.81"2AJ1 I - '" W ti at I IU52ntYSC of-*.- gIz " '`9� �� t t��_ OR Book/Page: 29175/0585 Type: Land Sale Status: Sale Sub-Type: Commercial Date: June 21, 2017 Grantor: T.O. Enterprises, LLC Grantee: Lukianov Family Trust, Alexis V Lukianov as Trustee, Katherine Lukianov as Trustee Legal: Lots 7, 8 and 9 Block 90, L.R. Benjamin's subdivision, according to the plat thereof as recorded in Plat Book 12, Page 18,public records of Palm Beach County, Florida. Folio No.: 12-43-46-47-000-0080 Location: West side of Northeast 4th Avenue between NE 2nd & NE 3rd Streets, Delray Beach. Zoning: CBD - Central Business District by Delray Beach Land Use: Commercial Core Utilities: Municipal water and sewer, electricity, and telephone 115 North Federal Highway A&C Job No.: 2170405.000 22 ANDEPSON C Site Size: Square Feet: 12,949 Acres: 0.30 Shape: Irregular Street Frontaae (Ft.k 150 Topography/Elevation: Level, near road grade Use: Current Use: Warehouse Intended Use: Warehouse/Apartment Highest and Best Use: Commercial Redevelopment Verification: Source: Howard Jendlin w/Lang Realty, Costar, Loopnet.com,public records Relationship: Listing broker Conditions of Sale: Arm's-length Verified By: B.Arnold Date: August 30, 2017 Sales History: Previously sold for $1,220,000 in May 2007, recorded in County OR Book 21766 Page 1886 Sales Price: $1,050,000 Price/SF Land: $81.09 Price/Acre: $3,535,354 Financing: Cash to Seller Comments: Property was improved with a 3,050 square foot warehouse with nominal contributory value. That said, the buyer plans to utilize the existing building though with significant renovations. 115 North Federal Highway A&C Job No.: 2170405.000 23 ANDEPSON C Comparable Sales Location Maps 4W 22nd Ave 7D ti, E Gatehll � L c LY P6b Vei de P�r " L Oceanfront Boynton ,Id Boymon Rand (S Park Beach Beach 4 V, Ocean Ridge CL a girti,t Rd � vk ri gnt �s off Rd r' S^ 23rd Aet Priny 13reezes A Golf+ Gulf Stream P es Road r t ca � 41 eke Ida F�,-/ I A1A � s �6i Matra Beach W $D6 W Atlantic Alle m C) Map data C�.)2017 Google' 115 North Federal Highway A&C Job No.: 2170405.000 24 ANDEPSON CAPP MOM � L��d Aria 1 28079 2419 North Federal Highway 171,025 $3,650,000 $21.34 Jan-16 1717 Delray Beach 3.93 2 28127 2319 South Federal Highway 55,186 $975,000 $17.67 Feb-16 0293 Boynton Beach 1.27 3 28143 1314 North Federal Highway 134,387 $4,000,000 $29.76 Feb-16 1078 Delray Beach 3.09 4 26925 SW quadrant of West Atlantic Avenue 116,584 and Swinton Avenue $10,000,000 $85.78 Jul-16 109 Delray Beach 2.68 5 NA 433 West Boynton Beach Boulevard 24,773 $625,000 $25.23 Oct-16 NA Boynton Beach 0.57 6 29175 234 Northeast 4th Avenue 12,949 $1,050,000 $81.09 Jun-17 0585 Delray Beach 0.30 b 1 Z St�xth Fdc rIxvy ` 115 North Federal Highway A&C Job No.: 2170405.000 25 ANDEPSON CAPP Sales Summary and Discussion In this analysis, we considered differences between the sales and the subject in terms of property rights sold, conditions of sale, financing, market conditions (trend or time adjustment), location, building and lot size, and quality and condition of the improvements. We based the comparisons on a standardized unit of measure, the sale price per square foot of land. The sale price per square foot of land correlates well among the comparable sales and is commonly used by buyers in this type of analysis. Property, Rights The property rights transferred were believed to be those of the fee simple estate. No differences between the sales and the subject are reflected. Conditions of Sale All sales were reportedly market oriented. No adjustment consideration for conditions of sale was necessary. Financing We considered any indication of favorable financing. All sales were either on a cash basis or had market oriented financing, therefore, no differences were noted nor were adjustments made. Market Conditions The sales occurred over the period from January 1, 2016 to June 1, 2017. The date of value is November 10, 2017. The market has shown improving market conditions over this time period. We have made upward adjustments to Sales 1, 2,3, 4, and 5 to reflect improving market conditions. Location The subject parcel is located on the west side of North Federal Highway, just north of Ocean Avenue and south of East Boynton Beach Blvd in the central Boynton Beach. Sales 4 and 6 are superior in location compared to the subject parcel and required downward consideration. Sales 1, 2, and 5 are in an inferior location and have been adjusted upward. Size Generally, larger properties will sell for a lower price per square foot of land than smaller ones, and vice versa,when all else is equal. No adjustment for size is warranted as the market is purchasing small sites for assemblage. 115 North Federal Highway A&C Job No.: 2170405.000 26 ANNPSON CAPP Site Conditions Properties of all different shapes can typically be developed. Some properties, however, allow for a more efficient development of the site providing for the maximum development intensity. Neither the subject nor the comparables appear be impacted by their shape in such a manner as to limit their development. Another factor considered here is the existence of any physically detrimental site conditions such as contamination or muck. Neither the subject nor any of the comparables were known to suffer from any detrimental site conditions. Some of the comparable sales had improvements at the time of sale; however, they did not appear to contribute to value. This data set does not provide a clear difference in the price per square foot for those properties with improvements when compared to those without improvements. As a result, no adjustments were deemed appropriate to the vacant sales. Zoning/Land Use The subject property has a zoning designation of CBD-Central Business by City of Boynton Beach with an underlying future land use of Mixed Use (MX)by City of Boynton Beach. Sales 1, 2, 3 and 5 are outside the central business district and had inferior zoning and are adjusted upward. 115 North Federal Highway A&C Job No.: 2170405.000 27 O � N 7V / o U 0 0 0 0 0 0 0 0 0 0 0 0 F9 N F9 F9 69 F9 F9 34, . 'tet � `�•' � � � � � � � N � � `� =�y sus sus sus sus sus sus 14 ,• sR sR sR sR sR sR i U � t - s w w w o cz ANDEPSON CAPP Conclusion Considering all of these differences, we developed the preceding quantitative comparison chart listing the sales as they compare to the subject property, based on a price per square foot of land. Not all categories considered are depicted. Those omitted reflect no differences between the sales and the subject property. The unadjusted range of value indicated by the sales is roughly $17.67 to $85.78 per square foot of land area. The preceding quantitative comparison chart shows the value range for the subject property after adjustment based on a price per square foot of land area to be from $32.86 to $77.20 with an average of $50.65. Considering all of the salient factors discussed previously and prevailing market conditions, the appraisers feel a conclusion in the middle portion of the indicated range is most appropriate. Given the preceding data and discussions, it is concluded that the market reflects a value per square foot of land area for the subject property of $50 as of November 10, 2017. Total value is calculated as follows: 56,410 Square Feet @ $50 per Square Foot = $2,820,500 Rounded To: MARKET VALUE VIA SALES COMPARISON APPROACH: $2,800,000 il�,- 115 North Federal Highway A&C Job No.: 2170405.000 29 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 OLD BUSINESS AGENDAITEM: 13.13. SUBJECT: Consideration of Request for Reimbursement for FICE Design, I nc.'s Commercial Interior Build- Out Grant Program SUMMARY: On July 11, 2017 the CRA Board approved a Commercial Interior Build-Out Grant to FICE Design, Inc. in the amount not to exceed $20,000 for eligible interior improvements in their new location at 488 N. Federal Highway at Casa Costa (see Attachment 1). FICE Design, Inc. is a "progressive, design-led engineering firm that provides a wide range of civil, structural and multi-disciplinary engineering solutions to public and private sector clients." They fall under the terms of a Tier I I business, as outlined in the grant application, and are seeking CRA grant reimbursement in the amount of $19,859.04 for their interior renovation totaling $39,718.08 (see Attachment 11). Per the grant guidelines, the applicant has 90 days from Board approval to complete their project and submit for reimbursement. The grant was scheduled to expire on October 9, 2017. On September 19, 2017 Mr. Burphy, President of FICE Design, Inc., sent a letter requesting the 90 day administrative extension to January 7, 2018, in order to submit for reimbursement and was approved by staff (see Attachment 111). FICE Design Inc. has been open and operating under a Temporary Certificate of Occupancy (TCO) since its issuance on December 15, 2017. They are currently operating under their third 30 day TCO extension which expires on April 2, 2018 (see Attachment IV). Per the grant guidelines, the grantee cannot receive grant reimbursement until they provide proof that the work has been completed in conformance with applicable codes resulting in the issuance of a Certificate of Occupancy(CO) by the City of Boynton Beach Building Department. Based on the timeline provided by the landlord and the City process, it is expected they will not receive their final CO until the end of March (see Attachment V). FICE Design, Inc. is requesting reimbursement based on the provision of their TCO while the CO is pursued by the landlord (see Attachment VI). Since all other reimbursement documents have been submitted, CRA staff would recommend extending the grant approval and funding availability until the issuance of a CO or April 30, 2018, whichever is sooner, to allow time for the issuance of the CO. FISCAL IMPACT: $20,000 — FY 16-17, Project Fund, Economic Development Grants, Line Item 02-58400-444 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve an extension of time of the Commercial Interior Build-Out Grant to FICE Design, Inc. in the amount not to exceed $20,000 for eligible interior improvements located at 488 N. Federal Highway at Casa Costa contingent on receiving a Certificate of Occupancy by April 30, 2018. 2. Do not approve the extension of the Commercial Interior Build-Out Grant to FICE Design, Inc. in the amount not to exceed $20,000 for eligible interior improvements located at 488 N. Federal Highway at Casa Costa. 3. Other options to be determined by the Board. ATTACHMENTS: Description D Attachment I - Map D Attachment II - Interior Build-Out Costs D Attachment III - Extension Request D Attachment IV -Current TCO D Attachment V - Letter from Landlord, Casa Costa Center D Attachment VI - FICE Design, Inc. Letter of Request A 1 tt� IW k I;i I 1}1L Y74i,'v l t; Y v r- e � s 4 ` � ljjj t &H ICAOPO, ry 1 tlt � +SNti�4� � ✓�' -» I � I @ �' r�"n7.fh'''1 tIs i��Y}��1��+ ..+� . ,. r ..i J ,w+ < w ul C ro �Nol '1 d O U 2 C P-- f 2" EIq h- {{yy r DESIGN n sdu July 3, 2017 Bonnie Nicklien Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. Boynton Beach, Florida 33435 RE: Budget for Build-out of Casa Costa Unit CU#1 for FICE Design Dear Bonnie, The following is the estimated budget for the build-out cost to be incurred by FICE Design for the proposed new office located at Casa Costa Unit CU#1,400 N. Federal Hwy, Boynton Beach, FL 33455. The build-out work to be paid for by FICE Design includes installation of partition walls for offices, cubicles, kitchenette, bathrooms and storage closets, along with all finishing work as shown in the detailed scope of work below: ITEM COST • Battered Insulation and (R 4.1)file back insulation $ 975.06 • Install 125 sheets of 1hr/5/8 fire rated drywall throughout entire unit @ $55.00 ea $ 6,875.00 • Install five (5) solid core doors 3'x7'with lever locks @ $512 ea $ 2,560.00 • Install one (1) 6'x7' double glass door for office#1 $ 1,537.00 • Install four(4) 3'x7' double glass doors for office @ $768 ea $ 3,072.00 • Install four(4) 7'x5' solid glass windows in offices @ $826.14 ea $ 3,304.56 • Install 2,350 sq. ft. of flooring; allowance per sq.ft. $6.00 install $ 14,100.00 • Install and paint 5 %" baseboard throughout entire unit; tenant will choose style from sample given $ 2,708.24 • Install kitchen cabinet with top and one (1)single sink; allowance for cabinet $ 1,800.00 • Paint entire unit; tenant will choose color, maximum three (3) colors 2,786.22 TOTAL MATERIAL& LABOR COST 39 718.08 Sincerely, James Burp y President Florida International Consulting Engineers Design, Inc 100 E. Linton Blvd., Suite 200A, Delray Beach, FL 33483 • T: 561-278-9969 ® F: 561-278-9925 DESIGN { September 19, 2017 Bonnie Nicklien Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. Boynton Beach, Florida 33435 RE: Extension request for build-out of 488 N. Federal Hwy, Boynton Beach, FL 33435 Dear Bonnie, Unfortunately, hurricane Irina caused a significant delay in the timeline of the completion of the interior build-out project at the address referenced above. As per the grant guidelines, we kindly request a 90- day administrative extension for this completion please. We will continue to keep you apprised of the progress being made, as well as a more definitive completion date once known. Please feel free to contact us with any questions or concerns. We appreciate your assistance. i Sincerely, James V. Burphy President i I Florida International Consulting Engineers [design, Inc 100 E. Linton Blvd.,Suite 200A, Delray Beach, FL 33483 r T:561-278-9969 9 F: 561-278-9925 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I BUILDING DIVISION IN East Boynton Beach Boulevard-Boynton Beach,FL 33425-(561)742-6350•Fox 742-6357 TEMPORAL/PARTIAL CERTIFICATE OF OCCUPANCY Project: CASA COSTA CUI Permit: 17-00002005 By this Temporary/Partial Certificate of Occupancy, permission is hereby given to occupy the building or portion of the building identified by the address 488 N FEDERAL HW Y BB for a period of thirty (30) days beginning March 2, 2018, in accordance with the stipulations stated In the Application for Temporary/Partial Certificate of Occupancy, 4zzz ilditid OFa--J or Representative The following conditions must be satisfied prior to the issuance of an unconditional Certificate of Occupancy: 1. Items to be addressed prior to final; 2. Need audible/visual alarm notification device(s), 3. Fire sprinkler head is too close to ceiling mounted light fixture in electrical/server room. 4. Fire rated door to have self-closure device installed and functioning properly. 5. Fire extinguisher has expired [20131 annual certification tag. 6. Electrical panel needs to have completed circuit directory, 7. Temporary smoke detectors to remain in place until the required audible/visual alarm notification device(s) are installed. 8. See Fire Department Comments: Need audible/visual alarm notification device(s). 9. Fire rated door to have self-closure device installed and functioning properly at Electrical Room. 10.See Fire Department Comments: Temporary smoke detectors to remain in place until the required audible/visual alarm notification device(s) are Installed, 11.Plans Call for Category 11 Safety Glazing 3' AFF 7'WIde X 5'at three locations. Labeling not visible to determine compliance. 2406.3FBC Costa Center, LLC 800 North Road Boynton Beach, Florida 33435 FILE Design 488 N. Federal Hwy. Boynton Beach, Florida 33435 February 28"' 2018 Dear Mr. Burphy: Pursuant to our recent discussion this letter will describe the delays we have had in the buildout of your unit and the timetable we anticipate to obtain a Certificate of Occupancy CO from the City of Boynton. Currently your unit at 4881 . Federal Hwy is under a Temporary Certificate of Occupancy and has been for the last two months. The reason for this is because the City was uncertain which fire alarm/smoke detection requirements they were going to impose on the buildout of your unit. Originally, the approved plans only called for a local smoke detection system however once we completed your unit, the fire marshal changed her mind and then requested a "hard wired/centralized smoke detection system". In January of 2018 1 instructed my GC to obtain 2 bids to do the work to the City's specifications. In February we selected a contractor and signed the contract to have the work done. Currently the contractor has his plans in review(which is why the City of Boynton continues to give us a TCO) and we anticipate being able to start work on your unit within two weeks, Once this is completed and inspected we can convert your TCO to a CO, We anticipate getting your CO by the end of March. In the interim, if you have any questions or concerns, please do not hesitate to reach out to me at 561-523-5140 (cell). Sincerely, Andrew V. odray President American Housing Enterprises Costa Center, LLC 561-523-5140 Cell 561-413-2822 Office DESIGN neetingoncl onsulling March 5, 2018 Bonnie Nicklien Administrative Services&Grant Manager Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy Boynton Beach, FL 33435 RE: Request for Reimbursement of Build-out Cost for FICE Design office located at Cosa Costa CU-1,488 North Federal HWY, Boynton Beach, FL 33435 Dear Ms. Nicklien, Pursuant to the City of Boynton Beach CRA approval letter dated July 12,2017,FICE Design herein requests reimbursement of build-out cost in the amount of$19,859.04 for our above referenced office. FICE Design on its part has met all conditions precedent to reimbursement of the built-out cost by the CRA including full payment of$39,718.08 to the landlord of our portion of the build-out cost. Our office is fully functional and operating on a Temporary Certificate of Occupancy(TCO) obtained by the landlord since moving into the premises on December 5, 2017. Matters pertaining to the issuance of an unconditional certificate of occupancy that are over and beyond the control of FICE Design are currently being addressed by the landlord. Hence,in view of the foregoing and to facilitate cash flow needed for our operations, FICE Design requests the reimbursement of the build-out cost for our office on the basis of the temporary certificate of occupancy issued by the City. Sincerely, s Jan? s V. Burph President Florida International Consulting Engineers Design, Inc 488 North Federal Hwy, Boynton Beach, FL 33435 9 T: 561-2.78-9969 s F: 561-278-9925 t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 OLD BUSINESS AGENDAITEM: 13.C. SUBJECT: Discussion and Consideration of Payoff of CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA SUMMARY: On October 10, 2017, as part of the Public Comments portion of the agenda, Ms. Noggins requested the CRA Board to review the terms of her Homebuyer Assistance Program (HAP) Agreement and consider waivers and/or changes to the agreement in order for her to relocate her family to a more desirable, family oriented neighborhood (Attachment 1) . On November 14, 2017, CRA staff presented the existing terms of Ms. Hoggins's HAP Agreement to the CRA Board (Attachment 11). The CRA Board agreed to amend the agreement to allow the option of renting the property and capping the equity the CRA receives from the property at $47,000 should the property be sold to an income qualified buyer (a family whose income does not exceed 120% of median household income for Palm Beach County) in the future. An Amended and Restated HAP Boynton Beach Community Redevelopment Agency Homebuyer Assistance Program Agreement was approved and executed by the CRA Board and Ms. Noggins on December 12, 2017 (Attachment 111). Meeting minutes of the December 12, 2017 Board meeting are also attached (Attachment IV). On February 13, 2018, the CRA Board approved the subordination of its mortgage in order for Ms. Noggins to refinance the property. The refinancing will allow the necessary improvements such as flooring, landscaping and general repairs in order to rent the property. At the February 13, 2018, CRA Board meeting Ms. Noggins made a request to the CRA Board if they would be agreeable to accepting a reduced amount to payoff of the CRA HAP mortgage. The CRA Board advised her to come back with a reasonable offer(see Attachment V). As a result of the refinancing breakdown from the lender, Ms. Noggins is offering the CRA $5,000 as the financial consideration to satisfy and release the existing $47,000 HAP Mortgage (see Attachment V I). FISCAL IMPACT: To be determined by the Board CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the payoff of the CRA HAP Mortgage in the amount of$5,000. 2. Do not approve the payoff of the CRA HAP Mortgage in the amount of $5,000. 3. Alternate options and or payoff offers as determined by the CRA Board. ATTACHMENTS: Description D Attachment I -October 10, 2017 Minutes D Attachment II - November 14, 2017 M inutes D Attachment III - Excuted Amended and Restated HAP Agreement D Attachment IV - December 12, 2017 Minutes D Attachment V - February 13, 2018 Minutes D Attachment VI - Request from Lasendra Hoggins Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 Peter Joubert, 305 SW 5th Avenue, asked about the trash build up from the Hurricane and if the CRA was involved in any efforts to address it on their property. Mr. Joubert advised he sees trash, and it is all over the City. Chair Grant noted the CRA owns property in the Cottage District, the HOB and Ocean Breeze East. Mr. Simon explained the CRA attends to their property the same as anyone else. What remained was debris from other individual lots that have not yet been picked up by FEMA or the City. There is no special fund for the clean up of the general area other than their own properties. Anwar Kahn, 610 NW 25th Avenue, explained he is from Bangladesh and has a team that works for diversity, cultural shows and events and they have been holding events for the last 7 years. The Mayor and some of the Commissioners attended last year. A few weeks ago, a Chinese group got involved with them and they are trying to involve Hispanics in the next event, but the space and the dates make it difficult. He would like to hold a big event like Sunfest. He asked if the City can do something with help. Chair Grant commented they have a Celebration of Unity event, involving minorities. It is a City/CRA event along with MLK and they want other volunteer organizations. Mr. Simon will take his information and reach out to join the Committee. Lasendra Wilson, 508 NW 12th Avenue, has owned a home in Cherry Hills for 10 years and explained she purchased her property with a CRA grant. Over the last month, there has been an increase in crime and her home is near the Cherry Hill store. Her contract with the CRA is stopping her from refinancing or renting her home. If she sells the home, she has to pay back the funds from the grant. She had a few run ins in the neighborhood about the crime. In the last month there were six crimes including two deaths in her front yard. Her yard has become a crime scene four or five times and there have been drive- by shootings. The Police knock on her door asking to survey her property to see if there were any bullet shells left. Her son attends Spanish River and is a good student. She has three children and none of them have ever played in their front or back of their yard. She is married and she and her spouse both have good jobs. She spoke to Mayor Grant to voice her concerns. The last time she came home, she could not get in her yard due to a crime. She has never complained, but since it was happening so much, she was asked to file a report. The phone number she was given was anonymous to report. She was asked to go down to the station to make a report at 10:30 p.m. Her contract says she cannot move or rent unless she pays back the $60,000 grant from 10 years ago. She wanted to apprise the Board of the situation so someone could look at the contract to see if there was a way for her to gain relief. She feels like a prisoner. Board Member McCray advised he requested she speak to the CRA and pointed out the City Manager, Lori LaVerriere was present who has jurisdiction over the Police. She and the Police Chief can do something about the matter. He advised Cherry Hill has a problem and he was sorry she had to live that way. Board Member Romelus asked about the contract and learned the home was owned by the Boynton Beach Faith-Based Community Development Corporation. After 10 years, the property is hers, but the life of the loan was 30 years. She explained each year 10% 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 10, 2017 was given and she was at the midway point. A large deposit is needed to purchase another home, and if she gave back 50% of the loan, she would go into a new home in debt. She contended after 10 years, she should be able to refinance her home and improve it, but the contract does not allow it. The home was supposed to be a starter home and was designed to be a long-term contract to build up the neighborhood. There were many things promised that never happened. The empty lot across the street was supposed to be single-family homes, but it attracts people who party and she finds drugs in her mailbox. She pleaded with the post office not to have a mailbox by the road. She wanted the CRA to review the contract with the homeowner. A neighbor was also going through the same thing. Attorney Duhy advised they will review it and Mr. Simon will contact her. Board Member Casello commented the situation was an example of how a good person does not feel safe in her own home. There is no handle on the matter and the situation was ongoing. He tried to implement what he thought would help at a meeting, but his motion failed. He advised the issue was not fair to her and others who live in the area. Chair Grant noted the Palm Beach County Housing Authority owns those properties and has not done anything in Cherry Hills. He explained the CRA is working to obtain those properties to build homes there. She explained when she moved into the home, there were duplexes there, which were demolished and not replaced. Vice Chair Katz asked if she would move or sell the home if she were able. She responded she should leave for a year as they have been exposed to many things. Her daughter cannot walk to school. She has a 9 year old and a 15 year old. She has an alarm, a dog and video surveillance. She asked the CRA to buy her property and put the police station there. She was open for suggestions. The contract is the problem. Ms. Wilson explained homeowners can do some things, but they have to get permission. She suggested speed bumps be installed as it is hard to do a drive by shooting with speed bumps. Board Member McCray explained the problem has been there for years and the crime rate for Cherry Hill has been escalating. There are good and bad people in Cherry Hills, but the crimes are not committed by Cherry Hill residents, it is from others that come from other areas. There is a hardship and the contract should be reviewed on a hardship basis. Andrew Podray, 800 North Road, was working on a project that may have been ended earlier and he has been working with Mr. Simon and other City personnel about the downtown parking. A while back, he raised the issue of parking in the downtown core and the proximity of parking spaces. When the Ocean One project was approved, he was adamant that proximity of parking spaces to a particular commercial venue was critical to the long term viability of the downtown core. He commented if reviewing an aerial of the Ocean One project, parking in the parking lot occurs from the four-story office building to the east. Ocean One will be constructed. There will be a parking garage in 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 restaurant and the developer was constantly overcoming hurdles. Mr. Simon explained the upstairs of the building could not be used, even for storage, and the developer received another round of comments. He advised the architectural firm was responding to the City. Chair Grant noted there was some time went by with no communication. He thought if the developer did not answer the City's comments timely, they should use the reverter clause. Motion Board Member McCray also wanted to table the item and so moved. He announced he would like to receive a copy of the comments. The motion unanimously passed. XIV. New Business A. Discussion and Consideration of Changes to the Terms and Conditions for the Homebuyer's Assistance Program Agreement between Lasendra Hoggins Wilson and the CRA Board Member McCray announced he would make comments after the item was discussed. Lasendra Wilson, 508 NW 12th Avenue, explained she met with CRA staff and they crafted options for the Board to consider. One option was to allow her to rent the home because even if she considered selling the house, she did not know how long it would take to find a buyer. If rented, Ms. Wilson and her family go somewhere else and be safe. Another option is to speak with the CDC to see if they were interested in renting the home or purchasing the home. The last option is to sell the house, and the CRA waive the equity that would have to be returned. Board Member McCray asked how much equity was owed and learned the house appraised at $177,000. Ms. Williams owed the bank $65,000 leaving about $112,000 equity in the home. Chair Grant noted the CRA was entitled to 50% of the equity; however, Ms. Wilson would also have to pay back the amount of down payment assistance the CRA gave her, which was $47,000. Mr. Simon explained the document terms do not discuss payback of the amount of assistance that was provided to Mr. Wilson; only the equity. The program changed each year in philosophies and the amount of subsidies given increased and decreased and the terms and conditions of the grant were adjusted. In this case, there was a concern of limiting equity as part of an artificial benefit by providing assistance. The document tried to protect equity. If the Board wanted to remove the subsidy given by the CRA in addition to what she owed the bank, the CRA would split a different amount. Chair Grant thought the CRA should not recapture more money from the equity than the $47,000 subsidy given by the CRA. He noted Ms. Wilson would still be responsible for the mortgage and maintenance and was fine with Ms. Wilson using the property as an income producing property. 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Board Member McCray explained he had Incident Reports from the Police in the vicinity of the Cherry Hills Mini Mart, the old grey building which is a two-story structure noting there were numerous police calls to locations surrounding Ms. Wilson's property. He thought it was difficult for anyone to live under these kinds of conditions and she wants to move her family somewhere else that is safer. Chair Grant proposed Ms. Wilson rent the property and change the contract to recapture equity up to $47,000 because if she sells the house for $80,000 and the CRA required $47,000, the CRA would receive more than 50% of the equity. Ms. Wilson advised the Board's proposal as stated by Chair Grant was acceptable. Mr. Simon asked if there was a time limit to lease until sold noting in year 2021, the amount of equity payback is reduced to 15%. Attorney Duhy advised she will add a sentence to the contract that in no instance shall the CRA collect more than 47% in equity return. Brian Fitzpatrick, 409 NE 1St Street, commended Ms. Wilson for surviving at the location as there is crime all around her. He had previously written emails to the City Commission about 504 NW 12th Avenue. It is vacant and a drug haven and he sought to have the home demolished. He was glad the Board was assisting her, and noted there are already two drug houses in that area. His concern was someone could rent the house as a third drug house as certain people look for people to set up shop. He proposed the home be used for the Neighborhood Officer Program. Chair Grant commented if used as a drug house, it was subject to forfeiture and the landlord would not allow it. She would monitor the property. Mr. Simon explained the Neighborhood Officer Program location was contemplated to be located in the Ocean Breeze East site. Mr. Fitzpatrick commented Ocean Breeze East is years away and more police are needed in Cherry Hill to combat drug activities. Board Member McCray advised it was not that more police were needed, they do not need drugs in Cherry Hill. Board Member Romelus thought it was a conundrum to take one family out of the predicament and put another one in. She thought other alternatives were needed. Mr. Fitzpatrick thought it would be a hard property to market. Board Member Romelus requested confirmation Mr. Fitzpatrick favored the CRA purchase Ms. Wilson's property and thought the CRA should ask the City to start the nuisance abatement on the other property. Motion Attorney Duhy explained a motion to approve amending the contract to allow rental on the property and to cap the equity the CRA receives under any scenario to no more than $47K property on the sale of the property. Board Member Romelus so moved. Board Member McCray seconded the motion that unanimously passed. 21 Amended and Restated Boynton Beach Community Redevelopment Agency Joinebuyer Assistance Program Agreement In order to further its goal of creating affordable housing opportunities, on or about April 5, 2007, the Boynton Beach Community Redevelopment Agency (Grantor) granted financial assistance in the amount of $47,000.00 pursuant to its Homebuyer Assistance Program (Program) to LASENDRA NOGGINS (Grantee) to purchase real property described as: Lot 392 and 393 of CHERRY HILLS, according to the Plat thereof as recorded in Plat Book 4, Page 58 of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-21-14-000-3920 Property Address: 508 NW 12`h Street, Boynton Beach, Florida 33435 In exchange for the funding the Grantee/s understand and agree to the following terms and conditions. It is further understood by recipient that a lien shall be placed on the real property described above. 1. Grantee/s state that all information submitted to the Grantor in order for the Grantor to determine eligibility for the program is true and correct. 2. Grantee/s hereby state that the purchase price of the Property does not exceed $280,000. 3. Grantee/s hereby state that the amount of Program funding is not more than 50% of the cost of the Property. 4. Grantee/s hereby state that they have not owned a residence within the last three years prior to the purchase of the Property. 5. Grantee/s state that they understand that the grant amount will be secured by a second or third mortgage on the Property. a. In the event that the Grantee/s sells the property to a non- income qualified buyer (a family whose income exceeds 120% oil'median household income for Palm Beach County), or refinances the property, the full sum of the Grant plus interest of 4% annum from the date of this agreement shall be due and payable at closing. 6. Grantee/s state that they understand that upon the sale of the property to an income qualified buyer (a family whose income exceeds 120% of median household income for Palm Beach County) within the first five(5) years of ownership, the Grantee/s must pay eighty percent (80%) of the equity (determined by a fair market appraisal) to the Grantor. During years six (6) through twenty (20), fifty percent (50%) of the equity shall be payable to the CRA. During years twenty-one(21) through thirty(30), fifteen percent (15%) of the equity is payable to the CRA. The Grantor's share of equity is due at closing. In no instance shall CRA's share of equity exceed $47,000.00. 7. The Grantor reserves the right of first refusal to purchase the Property at the fair market appraised value. Grantee must notify Grantor in writing of their intent to sell. The Grantor shall have 45 days from the date of receipt of intent to sell, to exercise the right to purchase. Grantor shall notify Grantee in writing of the decision. 8. Grantee acknowledges that it has received a Mortgage Deed for Gap Mortgage Assistance and Gap Mortgage Promissory Note, recorded in Book 21633 Page 1029 of the official record books of Palm Beach County, Florida and is familiar with, understands and accepts the terms and conditions contained therein as well as the terms and conditions contained in this Agreement. For Grantor: For Grantee/s: BOYNTON BEACH LASENDRA NOGGINS COMMUNITY RFDEVELOPMENT A G F>QY Date: /Z112-11-7 Date: l 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. 7 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. 8 i 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 l 1, 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 February 13, 2018 C. Discussion and Consideration of Subordination of the CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA Mr. Simon explained the item pertains to the grant agreement and promissory note and mortgage that the CRA Board will provide for a re-subordination, in the event Ms. Wilson refinances for a lower interest rate or other acceptable term. She was requesting approval to resubordinate only at this time. This would allow the new loan to stand in front of the CRA's grant and the Bank to have re-subordination approval prior to closing. If a signature is needed, Ms. Wilson agreed to provide the documents for signature. Board Member Casello asked how many other properties participated in the Homebuyer's Assistance Program (HAP). Mr. Simon responded in three to four years, there were 35 to 40 HAP recipients and some foreclosed due to the downturn in the market. He explained a small percentage of the recipients experienced foreclosure or returned to the CRA because there were issues such as those that surfaced regarding the Preserve. He advised the CRA no longer offers the program. Motion Board Member Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. D. Consideration of Pathways to Prosperity's Grant Application for the Boynton Beach CRA Non-Profit Organization Grant Program Thuy Shutt, Assistant CRA Director, explained on September 27th, the Board approved starting the program for the new fiscal year, specifically for economic and business development categories which support non-profits with projects and programs that create jobs in the CRA in furtherance of the CRA plan. The Notice of Funding was published both in print and digital formats. Flyers were created in three different languages and two pre-submission workshops were held: one in October and the other in November. Three non-profit organizations attended and staff reached out to other organizations in the CRA District. The three non-profits have programs and/or business locations within the CRA District. On December 1 st, Pathway to Prosperity (P2P) submitted for their Circles of the Palm Beach program. The application was included in the meeting materials and gave details of the application and the program, which was a more holistic approach to address poverty via financial literacy, education and training, increased educational skills, job training, and homeownership. Several results were indicated in their application where there were participants wanting to own their own businesses and some of those participants already had home-based businesses. The application indicated they would like to create a full-time Incubator Coordinator position with the grant funding. P2P sought 45%of the requested funds for the Coordinator's salary, which is about$25K. The request is within the 10% allotted for the program and the maximum allowed was $32K. Two funding evaluation committee meetings were held on December 19, 2017, and January 16, 2018, which included a presentation from the applicant to the Committee. The 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 13, 2018 Board Member Romelus asked if the Board recently issue an RFP for MLK. Mr. Simon explained not since the failed response from NuRock. Board Member McCray pointed out one person wanted a pool hall on MLK Jr. Boulevard, and cautioned if one is opened, the Board was inviting problems. Vice Chair Katz agreed the focus of the discussion should be about commercial or retail, not very specific businesses. The area has to walk before it runs and the CRA cannot dictate what businesses will locate to the area. Board Member McCray suggested sticking with a mixed-use RFP and bring it back to the Board. Information will be presented at the March meeting regarding the MLK corridor to fine tune points in the RFP for the April CRA Advisory Board Meeting. Board Member Romelus requested including language in the RFP indicating there will be a community partnership and working with local business to incorporate them into what is newly constructed. She wanted to ensure the CRA encourages prosperity and growth along MLK and allowing for businesses currently there to be viable. Mr. Simon indicated there was a request from Ms. Hoggins to revisit item XIII C for comments from her. Lashendra Hoggiins Wilson, 508 NW 12th Avenue, explained she was not present for the approval of the item earlier in the meeting, but she wanted clarification on what was approved. It was explained the subordination was approved so she now had the ability to refinance. She asked if the approval was for remodeling or cash out to paydown debt because there are specifics in the contract. Chair Grant explained the Board did not have any specifics regarding the subordination. The CRAB position will be behind the new loan that could be used for whatever funds she could get from the equity she had. Ms. Wilson explained there was an offer regarding the possibility of a write off or buy out of the CRA contract. She was unsure it was still under discussion. Chair Grant explained if Ms. Wilson wanted to make an offer, the Board would listen. She was still speaking with the lender and they questioned what the amount was. Chair Grant recalled the CRA was entitled to 50% of the equity, up to $47,000. He asked if the Board was willing to accept a sum less than $47,000 so she could own her home free and clear with one mortgage instead of two. Ms. Wilson was certain the bank would not give her the $47,000. Chair Grant explained the Board would review any reasonable offer.: 15. CRA Advisory Board A. Approval of CRA Advisory Board Meeting Minutes - January 4, 2018 B. Pending Assignments 1. None C. Reports on Pending Assignments 1. None 19 Nicklien, Bonnie From: Sandy <sandyhwilson@gmail.com> Sent: Wednesday, March 07, 2018 11:44 AM To: Simon, Michael Cc: Utterback,Theresa Subject: Payout for Lasendra Hoggins Good morning, I had a chance to speak to my loan officer and in order for me to do my refinance and clear some Debt, they would like for me to actually try to pay off the subordinate loan or have it waived. With the cash out that they are offering me I can only offer the CRA$5000 to pay off the$23,500 that's remaining. I'm not sure how the process works, but let me know what would be the next step.The bank is on board with paying off the subordination. Just let me know if this email would be ok or if I will need to send something more formal.Thank you for your help! Sent from my iPhone 1 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 OLD BUSINESS AGENDAITEM: 13.D. 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 approved 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. 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 (see Attachment 111). As of the Board's January 18, 2018 meeting, confirmation was obtained from the City that plans had not been submitted. After discussion, the Board voted not to pursue legal remedy under the terms of the contract (see Attachment IV). As of February 13, 2018, CRA Board meeting, no plan revisions or written response to City comments had been submitted for the 211 E. Ocean Avenue project. The CRA Board directed legal counsel to initiate the formal process to evoke the reversion terms under the Purchase Agreement providing thirty (30) day notification of default to the property Owner (see Attachment V). FISCAL IMPACT: To be determined based on Board action. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board discussion and action. ATTACHMENTS: Description D Attachment I -211 Purchase & Development Agreement and Amendments D Attachment II -09.20.17 LLW letter to Shovel Ready Projects,LLC D Attachment III - 12.15.17 Letters from CRA Staff and Property Owner D Attachment IV -01.18.18 Minutes D Attachment V -02.19.2018 LLW Letter to Shove Ready Projects and Email Reponse D Attachment VI - Plan Review Comments and Emails SECOND AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This Second Amendment to Purchase andI pment Agreement (hereinafter "Amendment")is made and entered into as of Novembe4wol 6,by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCIO, "a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "Seller") and SHOVEL READY PROJECTS,LLC,auccessor in interest to LOCAL DEV CO,LLC,(hereinafter"Purchas&',and together with the Seller,the'Tarties"). P=haser and Seller desire to amend certain to and conditions of the Agreement, as 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 December2 X — 13() dal 5 Irby" N()V Q 0 1(0. 16. . I IP Terms which are capitalized but not defined herein shall have the meanings given to such terms -iii 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 co ed by Purchaser and Seller. This Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement ofthe 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 SELLER SHOVEL READY PROJECTS,LLC BOYNTON BEACH COMMUNITY A# REDE7L 1.05, T By® Co ro-%i+ Print Name:"Upele'" Print Name: Title: 0 61) Title: M6_r Date: I /Z.* Date: Witnesses: Witnesses-, -ss, - C#po o form and legal sufficiency: At t�o m e- ON0140-1 FMT 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 BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes(hereinafter"Seller"l and LOCAL DEV CO,LLC,a Florida limited liability company or its affiliated assignee (hereinafter'Turchaser", and together with the Seller,the'Tarties'�, 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 am capitalized but not defined herein shall have the meanings given to such terms in the Agreement. Except asexpressly 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 counterp", 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 SELLER LOCAL DEV CO,LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS; REDEVELOPMENT AGENCY By: By Print Name: Print Name: r-j—Jr Title: Title: Date. Date: Witnesses: Witnesses: 0 P *n 4ndle I sufficiency: C Attor 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"Parties"). 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 SELLER LOCAL DEV CO,LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS, REDEVELOPMENT AGENCY By: � By. Print Name: '' z lc rpt'( ; Print Name: Title: Title: Date: Date: X121"1 v Witnesses: N�'i�� Witnesses: Ap Uori gal sufficiency: CRA Attorney 00601448.1 II t PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreemenf) is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNrIY 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: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property which consists of one parcel located in Palm Beach County, Florida (the "Property") having an address of 211 E. Ocean Avenue, Boynton Beach and more particularly described as follows: See Attached Exhibit"A". 2, PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be TWO HUNDRED FIFTY FIVE THOUSAND 00/100 ($255,000.00). The parties agree that SELLER is conveying the Property to PURCHASER for the construction of a full service restaurant serving alcoholic beverages. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSrr. PURCHASER shall deposit ten percent (10%) of the purchase price within five days oft Effective Date with the SELLER'S escrow agent Lewis, Longman and Walker,P.A. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date) shall be the to when the last one of the SELLER and PURCHASER has signed the Agreement. However, no party shall execute the Agreement any later than one week after the first executing party or the Agreement shall become null and void. 5. CLOSING. The purchase and sate transaction contemplated herein shall close within forty-five (45) days of PURCHASER obtaining Major Site Plan Modification approval from the City of Boynton Beach for the full service restaurant (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple tote Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and 00556361-1 PURCHASE AND DEVELOPMENT T Racal evice Page 2 of 16 subsequent years not yet due and payable; ) covenants, ca i °ons, easements, dedications, rights-of-way and matters of record included on the Title Commiftnent or shown on the Survey (defined in Se `a 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept,pursuant to Section7.1 and Section7.2 he eof. INVESTIGATION7. ser shall havedays from Effective to ("Feasibility Period"), or PURCHASER, andPURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, " e is"), shall havete right, at PURCHASER'S expense, to make inquiries of, and meet e f Governmental Authorities regarding e Property and t enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said ves ' aio s do not result in a business interruption, to perform any and all physical tests, inspections, and investigations f the Property, including t not limited to Phase and Phase 11 investigations, is ay deem necessary. During this Feasibility Period, y elect, in le and absolute iscre ' , to terminate this contract and havereimbursed its Deposit. If PURCHASER electsto terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property substantially the condition eisi a Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the roe it o the extent practicable, shall repair and restore any damage caused to the Property PURCHASER'Ssi and investigation; (iii) release to SELLER, at no cost, all reports otherand work generatedas a result of the testing and investigation, herebyPURCHASER agrees to indemnify of less from and against all claims, losses, expenses, demands and liabilities, including, not limited to, attorney's fees, or nonpayment for services rendered to PURCHASER (including, limitation, any construction liens result' e or fora to persons or property (subject to the limitation on practicability providedabove) arising out o investigation of the Property. obligations n r this Sectionshall survive the termination, expiration or Closingof this Agreement. 7.1 Seller's Documents. SELLER shall deliver to PURCHASER the following C e t instruments within five ( e Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, e , soil borings other physical reports) in ' ossessi or control with respect physical condition a Property, if any, a copy of the current title insurance olic (i y), and a list of any known matters affect title tote property. 7.2 Tit Review. i twenty ( ) days of the Effectiveate, PURCHASER shall obtain, aexpense, from a Title Companyoe y PURCHASER (hereinafter "Title Company"), a Title Commitment covering e Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted xce do , together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment anddeliver written notice o SELLER no later than thirty ( ) days after the Effective Date notifyingL of any objections tote condition of titleer i a er Title Objections"). if PURCHASER fails t eliver PURCHASE AND DEVELOPMENT AGREEMENT/LocalDevco Page 3 of 16 PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions seta in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) as 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, all have the option of (i) extending the Cure Period and the Closing for one additional dfirty (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 ftu-ther obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions is did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall vete right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Tide Commitment, subject to the provisions of this Section. 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a cuenboundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restflutions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. & CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PLIRCHASER in writing: &I & res entations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing, 8.2 Condition of PropgM, 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. 83 Pending Proceedings. At Closing, there all be no litigation or administrative agency orother governmental proceeding of any kind whatsoever, pending or threatened, is has not been disclosed,prior to closing, and accepted by PURCHASER. PURCHASE AND DEVELOPMENT AGREEMENT/LocalDeveo Page 4 of 16 8A Comnliance- with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses,permits and authorizations as of the date of Closing. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth Inthis Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of it other than the Permitted Exceptions. 9.2 'Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual ore has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect tote Property. In the event SELLER is unable to deliver its affidavits referenced above,the same shall be deemed an uncured it Objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, is SELLER shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title tothe Property of all liens, encumbrances and exceptions, if any, of than Permitted Exceptions. 9.5 Additional Documents, Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATION S, CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Prorations. Taxes for the Property shall be prorated through the day before Closing, Cash at Closing shall be increased or decreased as may be required by rorati® to be made through the day or to Closing. Taxes all be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's ill e. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt oft bill. 10.2 Closing Costs. SELLER shall pay for documentary stamps on the deed, PURCHASE AND DEVELOPMENT AGREEMENTtLocalDeven Page 5 of 16 recording the dced and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). 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 Existine a.es and Other Liens, At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS-,.COVENANTS AND WARRANTIES. 11.1 Seller's ReDres entations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all site action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Pernritted Exceptions (and encumbrances of record is 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 Agreement 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 claiming by, through or under PURCHASER, but not otherwise, 12.2 SELLER'S Default, In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything tothe contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this PURCHASE AND DEVELOPMENT AGREEMENT/Local Devco Page 6 of 16 Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and be entitled to a return of its deposit or seek specific performance. 123 Notice of Defa 1 . 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 insufficient 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 of this Agreement, 13. NOTICES, All notices required inti Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Executive Director,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 Flar Drive, Suite 1500 West Palm Beach, Florida 33401 If to Buyer: Local Dev Co, LLC 630 N. 3r' Street Philadelphia, PA 19123 With a copy to: Thomas F. Carney, Jr., Esq. CARNEY STANTON P.L. 135 S.E. 5 th Avenue, Suite 202 Delray Beach, Florida 33483 14. BINDING OBLIGATION/ASSIGNMENT. The to and conditions of this Agreement are hereby made binding on, and shall inure to thebenefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which all not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. PURCHASE AND DEVELOPMENT AGREEMENT/LocalDevco Page 7 of 16 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, toterminate this Agreement and the parties all 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 accommodate same.. 16. BROKER FEES. The PURCHASER hereby confirms that it has dealt with Prakas & Co. as broker in connection with the transaction contemplated by this Agreement and shall be responsible for paying Prakas & Co. a five percent (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 authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE PROPERTY, SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing a fall service restaurant. 18.1SELLER DeXRr sip A oval, 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 oft e 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 Comm-unity Redevelopment Area. 18.2 Economic Develovment Grant Incentives and Funding. The SELLER shall provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency Economic Development Grants if needed, to induce the enhancement and/or expansion of the restaurant: a. Commercial Fagade Grant - Purchaser shall be reimbursed up to a maximum amount of$25,000 with a $25,000 match by Purchaser. Said funds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation consistent with the eligible its set forth in the CRA's Commercial Fagade Grant Program. b. Commercial Construction Project Incentive Program — Purchaser shall be reimbursed the building pet fee of 2.3% if the project PURCHASE AND DEVELOPMENT AGREMMENT/LocalDevco Page 8 of 16 cost is less than $250,000 in construction value (as stated anthe construction permit application) and 3.3% if the construction value exceeds $250,000, Said flto 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 seta 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 documentation. SELLER hereby agrees that PURCHASER is not required to apply for and fill out all CRA program forms applicable to each Economic Development Grantprogram. However, all oft e rules of the grant programs must be adhered to. If the CRA Economic Development Grant programs change from the time of this Agreement and the time that the Seller accesses the Economic Development Grant fimding,the funding amounts shall remain as stated above. 18.3 DevelgRment Timeline. In order toes a that the public purpose is being met, the following events must be documented in writing and provided tote SELLER upon completion of each. Time is calculated from the Effective Date. a. Submission of Major Site Plan documents to the City of Boynton Beach within 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 seta in Paragraph 18.1, whichever is later. bSubmission of Construction Permit Application tote City of Boynton Beach within ninety (90) days of the Major Site Plan approval date (if applicable). PURCHASE AND DEVE LOPMENT AGREEMENT/LocalDevco Page 9 of 16 C. Commencement of construction within sixty (60) days afthe 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 recony eyed to SELLER by quit claim deed should either of the following occur: 1) PURCHASER defaults in not timely constructing the restaurant per c ® 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 period of nine months, ora CRA approved use (as said use may be approved from time to time, 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 ora period of nine months, SELLER shall reimburse PURCHASER the fair inaret value of the property, as determined by anindependent it party appraisal. In addition, PURCHASER shall execute a reverter 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 tote same, then the Property shall automatically revert back to the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement, SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is oft e 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 terms below: a. If at any time, PURCHASER receives either a bona fide written offer by a willing it party to purchase all or part of the Property which PURCHASER intends to accept, or a purchase agreement which PURCHASER intends toenter into ("Offer"), PURCHASER shall give written notice to SELLER at teaddress provided below accompanied by a copy of such Offer at least thirty(30) days before the date of contemplated sale. b. Within fifteen (1 5) business days after receipt of the written notice, SELLER shall have tile right to notify PURCHASER that it is exercising its Right of First Refusal and will purchase the Property pursuant to a purchase agreement which incorporates the to and conditions of the Offer. Notwithstanding the terms of the Offer, however, the purchase price of PURCHASE AND DEVELOPMENI'AGREEMENT/Local Devco Page 10 of 16 the Property shall be confirmed by an independent appraisal agreeable to of the SELLER and the PURCHASER. C. If SELLER fails to exercise its Right of First Refusal within the time stated above, the Right of First Refusal all have no more force and effect. d. Within five (5) days after the effective date (the date of complete execution and delivery of a Purchase Agreement), SELLER shall deposit with PURCHASER to percent(10%) of the Purchase Price as Ernest Money. If the sale is closed, the Ernest money shall be applied toward the Piuchase Price. If SELLER decides not to purchase Property in violation of the Purchase Agreement, PURCHASER shall retain the Ernest Money and shall be free to retain or convey the property in his sole discretion. e. The parties understand and agree that the intent of this Right of is Refusal retained by SELLER is toe the Property is maintained and operated in the manner described in paragraph 2 above and protective of the grants provided in subparagraph 18.2. This provision is not intended and will not be exercised to prevent PURCHASER from subsequently conveying the Property to a it party otherwise meeting the criteria and obligations set forth in this Agreement. f. The Right of First Refusal as set forth in this Paragraph 21 shall automatically 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 in any number of counterparts, each of is shall be deemed to be an original and all of is shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are fort purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified, No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 22.2 Cornuutation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, all exclude Saturdays, Sundays and legal holidays in the computation thereof Any time period provided for in this Agreement is 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 PURCHASE AND DEVELOPMENT AGREEMENT/Local Devco Page 11 of 16 Date in the calculation thereof. 22.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms,provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have ora waiver of any subsequent breach or default in any of such terms,provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 22.4 Construction. of Aggement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement.nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 22.5 Severabilfty. If any provision of this Agreement or the application thereof shall, for any reason and to any extent,be invalid or unenforceable,neither the remainder of this Agreement or the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced tote maximum extent permitted by law. The provisions of this Section all apply to any amendment of this Agreement. 216 Handwritten Provisions. Handwritten provisions inserted in this Agreement and tialed by CRA anct SELLER shall control all printed provisions in conflict therewith. 22.7 Waiver of J-uU 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 Attomffs Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 22.9 Binding Authori1y. Each party hereby represents and warrants tote other that each person executing this Agreement on behalf of the CR-A and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement, 22.10 RecordmR. This Agreement may be recorded in the Public Records of Pahn each County, Florida. PURCHASE ANb DEVELOPMENT AGREEMENT/LocalDewo Page 12 of 16 22.11 Sur-vival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and PURCHASER'S possession of the Property, 22.12 SELLER 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 SELLER in connection with the transaction contemplated by this Agreement, 22.13 Public Records. SELLER is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically,the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. e. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. f. It is the intent of PURCHASER to assign this Agreement, and all the rights and obligations thereunder, to an entity in which PURCHASER maintains a majority interest, to is SELLER hereby approves. THIS SECTION LEFT BLANK PURCHASE AND DEVELOPMENT AGREEMENT/Lo calDewo Page 13 of 16 IN WITNESS VVHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLER LOCAL DEV CO, LLC BOYNTON EACH COMMUNITY AND/OR ASSIGNS; REDEVELOMENT AGENCY By:-- By: Print Name: Print Name: Jerry Taylor Title, Title: Chair Date: Date: Witnesses: Witnesses: tvttomey ks form and legal sufficiency: C My PURCHASE AND DEVELOPMENT AGREEMENT/Local Devco Page 13 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLER LOCAL DEV CO, LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS; REDEVELOMENT AGENCY By. fePrint Na�� 1" Pri 6tame: rry for Title: Title: Chair Date: fA q11 r- Date: Witnesses- Witnesses. W22 Approved as to form and legal sufficiency: CRA Attorney Exhibit "All Legal Description Lot 13 & 14, Block 4, ORIGINAL TOWN OF BOYNTON BEACH, according to the Plat thereof, recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida PURCHASE ANND DEVELOPMENT AGREEMENT/LocaiDeveo Page 14 of 16 PCN #08-43-45-28-03-004-0130 EXHIBIT"B" REVERTER AGREEMENT This REVERTER AGREEMENT is dated 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 ------------------------------,------------------------------------------- (the "PURCHASER"). RECITALS PURCHASE AND DEVELOPMENT AGREEMENT/LocalDewo Page 15 of 16 A. The SELLER has conveyed to the PURCHASER that certain real estate described on Exhibit "A" attached hereto (the "Property") pursuant to a Deed of even date herewith between the SELLER and PURCHASER, B. The PURCHASER has agreed to construct certain Improvements on the Property in accordance with the guidelines and criteria set forth on in the Purchase and Development Agreement. C. The Deed shall provide that if the PURCHASER does not construct the Improvements as set forth in this Agreement,then the Property shall revert tote SELLER. D. Further, the Deed shall provide that if the PURCHASER fails to keep the completed facilities operational for any nine on period and/or if the Property is not used for a CRA approved use (the approval of is shall not be unreasonably withheld), the Property shall revert to the SELLER. NOW THEREFORE, in consideration of the transfer of the Property to the PURCHASER and other consideration, the receipt and sufficiency of is are acknowledged, the parties agree as follows: 1. PURCHASER agrees at its sole cost and expense to complete the construction of the Improvements in accordance with the terms of the Purchase and Development Agreement attached hereto by no later than September 30 , 2016, (the "Completion Date"). 2. In the event the Improvements are not completed by the Completion Date (unless extended pursuant to the to of the Purchase and Development Agreement), the Property shall revert to and thereafter become fee simple real estate owned by the SELLER. Within 30 days of the written request of the SELLER, the PURCHASER will provide a general warranty deed to the Property in form and substance acceptable to the SELLER evidencing the reconveyance of the Property. 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 and development of the Improvements. In such an event, the SELLER will enter into a Subordination Agreement in form and satisfactory to such lender. on completion of the Improvements satisfactory to the SELLER, the SELLER agrees to issue a letter acknowledging the release of the reverter rights described herein. 4. Following the completion of improvements and issuance of the Certificate of Occupancy, the PURCHASER must ensure the restaurant facilities, orother approved CRA PURCHASE AND DEVELOPMENT AGREEMENT/Local Dewo Page 16 of 16 uses as set forth in Exhibit "C", or as approved by the CRA, remain open for business during normal business hours and for not less than 40 hours a week. Failure to do so for any nine on period shall authorize the SELLER to exercise the reverter provision within the Deed. Should the SELLER exercise this right by providing 30 days written notice to PURCHASER, it will reimburse PURCHASER the fair market value of the property, as determined by an independent it party appraisal. Thereafter, PURCHASER will provide a general warranty deed tothe Property in form and substance acceptable to the SELLER evidencing the reconveyance of the rope to SELLER. This reverter provision shall automatically expire ten years from the Effective Date of the Agreement. This Agreement shall be binding upon-the parties hereto and shall be binding upon and inure to the benefit of it 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 oramended by a written agreement signed by authorized representatives of the parties hereto. WITNESS the following signatures as of the year and date first above written. Local Dev Co,,LLC and/or assigns; ......... Print Name 14A Title: ...... Boynton Beach Community Redevelopment Agency By: Ta r, Ch r �T i LW LEWIS Attorneys at Law LONGMAN 11w-law.com °4 WALKER� Reply To: West Palm Beach 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: 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. JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALM BEACH 245 Riverside Ave., Suite 150 315 South Calhoun St., Suite 830 101 Riverfront Blvd.,Suite 620 515 North Flagler Dr., Suite 1500 Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Palm Beach. Florida 33401 T: 904.353.6410 T. 850.222.5702 T:941.708.40140 T: 561.640.0820 F:904.3E e&7($9�)i F:850.224.9242 F: 941.708.4024 F: 561.640.8202 See Things Differently' 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 �CRAWASM 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 Shovel Ready Pro*ects rm 630 N. 3rd t, Philadelphia, PA 19123 215.592.7777 PRO www.shovel r adyproj cts..us December 20,7017 Michael Simon. Executive Director Bovnton Beach CRA 7101 N. Federal Highway Boynton Beach, FL 33435 RE 211 E. Ocean Avenue Project—Permit Approval Process Dear Mr. Simon, Your letter of December 1 i, 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 ibr the City's decision as to which of their examiners will be moving forward with this project. I apt 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 foa-ward. Sincere lY. Steve Labov Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1 , 2018 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 - removed L. Update Regarding Purchase of 110 NW 6th Avenue Mr. Simon explained the CRA staff went through a tax deed auction for an approved purchase of a vacant parcel adjacent to a City-owned lot at the above address. The tax deed auction is not an easy process in which the CRA had not participated in the past. He advised the Property Appraiser's Office and the Tax Collector's technology simplified the process. The property was appraised at $36,700 and the Board approved a purchase price of no more than 20% above the appraised value which would make the maximum acquisition price $44,040. Yesterday CRA staff participated in the auction at Lewis Longman and Walker's Office and the CRA was the successful bidder. They acquired the property for $9,300. There were a few hundred dollars in administrative fees paid as well. Staff was very pleased. (Board Member Romelus returned at 8:59 p.m.) Mr. Simon noted there are future parcels the CRA is interested in acquiring that were set for auction in April or May. This will be on new business next month for plans for the property. Board Member McCray noted the Andrews House may be available. Chair Grant asked if the CRA was looking into foreclosure properties. Ms. Shutt explained staff wants to take a "first look." She has done this in the past through the Neighborhood Stabilization projects and programs. There are opportunities available to work ahead of time with several banks that are going through the pre-foreclosure process so they would the first look before going to the market. Staff would like to investigate the program further to avoid having to go through the bidding process. The participants are usually big banks such as Bank of America, Fannie Mae, Freddie Mac, Wells Fargo and others who service those mortgages as well. They have to pre-sign purchasing agreements with the banks. M. Project Update 211 E. Ocean Avenue Ms. Shutt explained at the December meeting, the Board had decided that CRA staff would contact the developer and notify them the Board expected revisions would be submitted to the City by December 2111 and if not, the outside date to submit a 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 18, 2018 response, was this meeting. If no action was taken by the developer to get the permit approved, the Board would determine if they would use the Purchase Agreement's Reverter Clause. No revisions have been received by the City on their last round of comments. At the last meeting, Mr. Simon emailed Andrew Mack, Shane Kittendorf and others and the architect. Mr. Simon received an immediate response from the developer. Everyone has done all they could to facilitate the drawings and nothing was submitted to-date. Mr. Simon announced staff made a diligent and good faith effort. Board Member Casello explained this was ongoing since 2015. The arrangement was they would build it out to a restaurant and get a client. He thought the developer was trying to get a client before they build out. He felt the Board was more than generous with them and has had numerous communications with them, but nothing was done. The developer is sitting on land that is becoming valuable as the Town Square moves forward and it appeared the Old High School will be finished before the 211 E. Ocean project starts. He requested the Board exercise the reverter clause and start the process. The cost would have to be calculated and Attorney Rossmell advised she could submit a budget. Chair Grant noted it would be another month. He asked if it would be more or less than $50,000 and asked how much it would cost if they had to go to trial. Attorney Rossmell explained she would like to submit a not to exceed amount. Mr. Simon agreed with Attorney Rossmell's suggestion to get them started. The first phase would be a letter to them initiating the research and staff would know within the next 30 days. Chair Grant was concerned if the developer submitted plans and the CRA already filed suit. He asked if the lawsuit would be moot or if the CRA can retain the project. Attorney Rossmell explained it would not be a guaranteed moot suit because the assertion would be made in the filing the developer did not act in good faith and it is not automatic that once a party does start to act, that it constitutes good faith. Board Member Casello suggested starting with a $25,000 figure. Vice Chair Katz explained the land could be valuable because of the Town Square project and because it has a historic building on it. He wanted to see the developer proceed with what they had indicated. He was concerned if the CRA re-acquired the property, the Board was committing them to allocate a significant sum of money to someone in the future to develop it. He questioned what the benefit was if the current property owner does not develop the property. He would rather force them over time to develop it than to take on some unknown cost. Converting the Little House to a restaurant may be an example of how there are unknown costs and he was concerned after the CRA regained the property, the CRA would incur substantial costs to entice a new developer to purchase and develop it. 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 18, 2018 Board Member Casello explained the house was only historic on the local level, and the designation could be removed. Chair Grant explained the CRA received $255,000 for the property and the CRA would have to return those funds and perhaps any taxes they paid on the property. The CRA is not getting the property for free even if they use the reverter clause because payment to the CRA had already been made. His issue was at one time, the CRA purchased the property for about $900,000 and the CRA already lost over $600,000. If the CRA could get the $900,000 back by paying $25,000 to $50,000 in extra costs for the two years nothing has occur, he viewed it as a plus because the property value increased in the last two years. He favored spending the money knowing there are costs in the future due to its historic nature. If the developer continues to take his time, the property may not be developed until after the Town Square. He wanted to make sure the Board does all it could to obtain the property and issue another RFP with more stringent requirements for the project with a surety bond. Board Member McCray questioned if the developer wants the CRA to take it back. Chair Grant requested a motion to approve an expenditure not to exceed $25,000 to execute the reverter clause. Motion Board Member Casello so moved, Chair Grant passed the gavel and seconded the motion. The motion failed 2-3 (Vice Mayor Katz, Board Member McCray and Board Member Romelus dissenting.) Vice Chair Katz thought the developer became aware that converting the property to a restaurant was costly and thought the developer was waiting for the CRA to buy them out. Board Member Casello thought the developer was sitting on the property until the value increased and would then flip it. N. Consideration of an Interlocal Agreement with the City of Boynton Beach for funding of the Ocean Breeze East Project with Centennial Management Corporation Mr. Simon explained the Interlocal Agreement is with the City to provide the local government match for Centennial Management. The local government match is $567,500 for the low-income housing tax-credit grant application. Motion Vice Chair Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. 23 LEWIS Attorneys at Law LONG AN l Ilw-law.com WOOF, SM LW , LL Reply To: West Palm Beach February 19, 2018 VIA REGULAR&CERTIFIED U.S. MAIL Stephen Labov Shovel Ready Projects, LLC 630 N. 3 d Street Philadelphia, PA 19123 Re: 211 E. Ocean Avenue, Boynton Beach, FL; Notice of Default Dear Mr. Labov: At the direction of the Board of the Boynton Beach Community Redevelopment Agency ("CRA") given at their February 13, 2018, Board meeting, this letter shall serve as a formal Notice of Default of the Purchase and Development Agreement for the above referenced property, as the same has been amended (attached hereto as Exhibit"A"). Specifically, Shovel Ready Projects, LLC has failed to meet the development timeline in Paragraph 18.3 of the Agreement by failing to diligently pursue its approval of the permits required to commence construction. Accordingly, pursuant to Paragraph 19 of the Agreement and pursuant to the terms of the Reverter Agreement executed by the Parties, the CRA demands that Shovel Ready Projects, LLC, execute a General Warranty Deed conveying the Property back to the CRA within 30 days of the date of this letter. Your prompt attention is requested. Please contact- me ,s-hould you have any questions regarding the above. ,, Sincerely, Tara W. Duhy, Esquire KWD/jlb Cc: Thomas Carney, Esquire M.Simon, BBCRA T. Utterback, BBCRA K. Dodge, LLW JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALMI BEACH 245 Riverside Ave.,Suite 150 315 South Calhoun St.,Suite 830 101 Riverfront Blvd.,Suite 620 515 North Flagler Dr,Suite 1500 i Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Palm Beach, Florida 33401 T 904.353.6410 T:850.222.5702 T:941.708.4040 T 561.640.0820 i F:904.35o&7bi0i F: 850.224.9242 F:941.708.4024 F:561.640.8202 Simon, Michael From: Simon, Michael Sent: Tuesday, March 6, 2018 12:35 PM To: 'Ken Dodge';Tara Duhy Subject: RE:211 E.Ocean Ave., Boynton Beach, FL Ok, thanks to the both of you. From: Ken Dodge [mailto:kdodge@llw-law.com] Sent:Tuesday, March 6, 201812:30 PM To:Simon, Michael<SimonM@bbfl.us>;Tara Duhy<tduhy@llw-law.com> Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Hi Mike, I have not. I made it pretty clear in nay discussions with him that while we would try and accommodate a meeting with staff today his time would be better spent on the 1V'addressing his position with the Board. Will let you know if I hear from hire. Kenneth W. Dodge I Executive Shareholder Board fied Real Estate Law 515 North Flagler Drive, Suite 1500 1 West Palm 0each, Florida 33401 l dod o �111w-lawcom 1561.640.0820 y Q a r d I aMet I t3io Iirr us or,lin LEWIS L LW I LONGMA WALKER The inforne tlor-.contained in this transmission may he epally privileged arrs cordfi fz rtial.It w 4rfe nded only fr,:ar the,use:of the reddent(e)named above,€f the reader of fhla ine>rsage i<,not i're ir'tend ed recipient,you are hereby notified that you reo ived kF-.-ts cemmu-Ncall on in error,and that any 6srterriinatriir,r.stinbution,o copyring oftins ccmritnicaflir,i is ntdc1ly prohracred.3r`yetu€rava rete ve.f th:s exornrrurcoahan in error,leie abs notify the reader immediately by rem}email strict veleta the message and all copies of ft. From:Simon, Michael rraailto:S!moni '@bbfl.ur] Sent:Tuesday, March 06, 2018 12:19 PM To:Tara Duhy<dghy, l �la:1tv corn Cc: Ken Dodge<kd i go Ii -law.co > Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Have either of you heard anything on a meeting today? I'm trying to schedule other meetings and didn't know if they were coming or which time? Michael Simon, LRES, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 71.0 N. Federal Hwy. I Boynton Beach, Florida 33435 1 561-600-9091 1 1, 561-737 ,Jt -3258 _J SimonM@bbfl.us I http://www.catchboynton.com BOYNTON wwwBEAC CRA America's Gateway to the Guffstrearn 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. -----Original Message----- From: Tara Duhy ............ Sent: Monday, March 5, 2018 3:05 PM To: Simon, Michael <SimonM(0,'r)bfl.us> Cc: Ken Dodge<-I .. c(lodi4eii�.,.Ilw--.I.aw.com> '""W.................. Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Tom- Mike can try to make 1:30 or 4 pm work. On Mar 5, 2018, at 2:30 PM, Simon, Michael<Sirrwo'T.IM,�e..bbfl.-Lis<i.7.,iailto-Sitn.onM(ti-i)t fl.p§>>wrote: I have a 3pm meeting with the Church Trustees. I didn't hear anything... I suppose they could come at 1:30pm or 4pm? Michael Simon, LRES, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach , Florida 33435 <image937339.png> 2 561-600-9091<tcl.: l- 00-lel l> <image278475.png> 561-73 7-3258<fax:561-737-3258> <image981212.png> i or ( fbb l.us-,-iiiaii : imoihric b.)t mizF,> <image 100270.png> alt a as � s ...... t_p ww . chb0 v IIton,com > <image515122.png><I�ttl)s,.:'/tw tter. oiTil N°:its nb°.— c]iCR > <image503714.png><� 1 /t/ w f eb c��r /t �� ./ � � Beaclz t i /l 93803436 > [http://wwl.boynton-beach.org/signature/cra.jpg]< C :? a tic s :c -C MI/ 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. -----Original Message----- From: Tara Duhy [mailtoAduby l ® wcot.. Sent: Monday,March 5, 2018 1:03 PM To: Simon,Michael <Simo A 4'e,i bb 1, ,,'mzLiltc.; l it r (e�bIiI'I,_ »; Ken Dodge- tk � -�e( =A Subject: Fwd: 211 E. Ocean Ave., Boynton Beach, FL Mike - I now have an appointment in the afternoon. I can attend a meeting by phone or Ken can attend if you still have a availability tomorrow Begin forwarded message: 3 From: Thomas Carney <tfe('a.ca.riie,,,sl,,Tnt.on.coni---rriailto:tf ('camevstaniton.eom><mai,lto:tfc.f�(r canton.corn>> Date: March 5, 2018 at 12:53:18 PM EST To: Tara Duhy<tduh,,�ajlw-law.cf,)m<tyiailto-.tdii (,Pi,ll.w-law.(,,,om><niailto:tdLill!((I, J4,w.corn>> Cc: Ken Dodge l �v,coin.><rnctilto-kdodL-Iel('(t.,,Ilw"-,I,,iw.corll>>, Michael Simon<S'mo M -i bbfl.us<,ririailto:SirnonMf(1,bbfl.us><T'naiIto:SirnonM( r,bb&u >> -1111-411111�� — —------------------------------ Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Good Afternoon, I have just confirmed that I can have someone at the meeting tomorrow. Can you tell me what time is good for you? Thank you very much Tom Carney -----Original Message----- From: Tara Duhy [mailt(,')-.tOILIL q-4 or Sent: Tuesday, February 27, 2018 1:09 PM To: Thomas Carney Cc: Ken Dodge; Michael Simon Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Yes Tara W. Duhy Lewis, Longman &Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 12:05 PM, Thomas Carney <t fc�Li Lc± � t LI%--I -nLe�,,starit(.)n.com<mailto.tf(-((i carte e,),,st�ritit.on,com><,rrj..ail'to:tfc�cica-.ne%,stariton.com>>wrote: Thank you, yes I did. By Tuesday, do you mean the 6th? torn -----Original Message----- From: Tara Duhy [Lymilky tduj-j�,?(q,11w'-"'la'w','colrd Sent: Tuesday, February 27, 2018fiA9 AM To: Thomas Carney Cc: Ken Dodge; Michael Simon Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Tom - I understand you spoke with Ken earlier and will let us know if you and your client would like to meet with Mr. Simon and I in advance of the March meeting. Mr. Simon and I are available Tuesday afternoon next week. Thanks, Tara W. Duhy 4 Lewis, Longman&Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 11:20 AM, Thomas Carney <tfc,a c,,trrieNstziiiton.coi-ri<niailto-tf(,,,,F(�, in><rr1aiIto-ffcYu,,cTrn eYstanton.com>>wrote: Tara, I really am not looking to do battle here. Especially with you and Ken. But we have invested too much in this project and are not just going to walk away, especially with multiple delays, requests, going through several "examiners" at the city(including the last one who rejected the prior examiner's finding and agreements and started over again with NEW requirements. Then the city comes and says we are not meeting deadlines? We need to calm down and get the city/cra to stand down. We are working to complete. To now have to appear under the 'threat" of litigation will only prove to accomplish just that. Tom -----Original Message----- From: Thomas Carney Sent: Tuesday, February 27, 2018 11:08 AM To: 'Tara Duhy' Cc: Ken Dodge Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Respectfully, I spoke with Ken on Thursday,he said he and limited time on Friday and we both agreed on that Thursday call that I would circle back with him on Monday. I called, as agreed, and am waiting for a call back -----Original Message----- From: Tara Duhy [i,.ciailto:tduti�(,."ei,llw-1 .com] Sent: Tuesday, February 27, 2018 11:00 AM To: Thomas Carney Cc: Ken Dodge; Simon, Michael; Steve Labov (Sh(r,sliovelreadvi)r()'ects.us<mailto-sl(�i,:sli(,,)veli-e,.t(,I\,INnjects.us><:mailto:sI I — -1111----- t(,i, hovelread%eliinoje(,,,ts.i,,i,,,>) Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Respectfully, my partner, Ken Dodge has spoken with you in return of your calls and he will be calling you today as I am in meetings. We are awaiting Mr. Simon's availability for a meeting with CRA staff as requested. Tara W. Duhy Lewis, Longman &Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 10:53 AM, Thomas Carney l <ttca camevstcn,co ,,dit(.) m-,,ma.ilto-.tf(,?,�ie� m ciriistariton.com>< ailto:tfc,,,,'(I.c.arneosta ,,c tonxoni>>wrote: And I am still waiting for a call back from my calls of Thursday, Friday, Monday, and this morning. -----Original Message----- From: Thomas Carney 5 Sent: Tuesday, February 27, 2018 10:50 AM To: Tara Duhy Cc: Ken Dodge; Simon, Michael; Steve Labov u !lCiv (,,)y reit �,�))r je is Its` i aat o. ti,s io v r.e. ""�I)roje((tss. � >>"�Fm . ts ii s ,te" e �' mJjcts,us>) Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Thank you for your letter I must categorically reject your position,however. We have not dropped the ball here. The city staffs actions have directly contributed to this situation and has frustrated my client's efforts with respect to this property. There are other factors at play here as well which you clearly have not been made aware. We will be at the meeting,but(again) respectfully request a meeting be set up with staff on the Friday or Monday preceding the March 13th meeting. Thank you Tom Carney -----Original Message----- From: Tara Duhy [Yriailtouh (a ::i -law.. I] Sent: Tuesday, February 27, 2018 10:26 AM To: Thomas Carney Cc: Ken Dodge; Simon, Michael; Steve Labov WI( � t It ��t�� tt� srs�ttltct � 'tt siov l early o 1p Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Mr. Carney- We appreciate your client's position. However, at this point, staff is not is a position to change course. We have been directed by the CRA Board to institute the reverter provision of the contract. The next regular meeting of the CRA Board is on March 13 at 6:30. I would suggest you attend that meeting and present your client's position at that time. A special meeting of the Board has been scheduled for March 20, where the Board will decide its next steps regarding the property. Tara W. Duhy Lewis, Longman &Walker, P.A. (561) 640-0820 On Feb 26, 2018, at 6:14 PM, Thomas Carney <t �cr c r y,v .it())n.coT:°iK�mail ol-t c,'r,i,e� i :�t iatoiiso°om><r �ailt ,.t ,((L;,i t N� t oti orll><ia ilt `:tfc,;(i �. a; . N.. .......... vstant ettom>>wrote: Ken, Please let me know what time is good for you tomorrow to discuss further From: Thomas F. Carney, Jr. [rnail o tfve i carneylegal I I tt] Sent: Monday, February 26, 2018 4:09 PM To: 'Ken Dodge; 'Simon, Michael' Cc: 'Tara Duhy'; 'tfc@carneystanton.com<tta tilt,(,.) lt,=rr t°arrie�stai,iton. oiii><t tailt t:t t,,(cl c -tt� st,t;to cot a><r to,t t�(,r ame: : s.t.nttt .com> r - 6 Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Ken, I just left a message at your office in furtherance of our conversation last Thursday. I have researched this on our end and must respectfully disagree with the position taken in your letter dated February 19, 2018 (a copy of which I have attached for your ready reference) My client has been diligently pursuing the necessary approvals with the City. Indeed, after receiving(some time ago) letters from the City as to certain deficiencies, all of them were addressed to the (then) satisfaction of the reviewer. Suddenly, a new person was assigned to the file and everything had to start again-- including the rejection of the changes which had been mandated by the prior reviewer(and which ne conditions required new structural changes). My client has substantial funds invested in this project and, if the CRA is frustrated, imagine our frustration with having to keep dealing with new issues. We really aren't looking for a battle here as we want very much to complete this effort. To ask my client to now, after all the time, effort, money, and back and forth with(now) several reviewers), is not justified and certainly does not raise itself to any transfer back of the property that we are desirous of completing. I am not sure what you are hearing,but I am hearing a different story. My client has no intention of walking away from this project. Please confirm the next CRA meeting date. Also, Please confirm that we can meet with the City the Monday(or Friday)before the meeting to clarify and resolve any concerns. 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 ............................................................................ 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 1 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 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 Execuflve Mrector Boynton Beach Cornrn unrty RedeveVoprnent Agency 1.0 N. V-ederaV Hwy. � Boynton Beach, Horuda 33435 561.-600-0001. � JEj561-737-3258 Sur:roroM@bbfV.rus B-ot: P://ww .catc: -oboyrotoro.cor:i 1391 America's Gateway to the Gulfstream Hease be advsed that Horuda has a broad pubhc rewards Vag°and aH correspondence to me Grua ernaH may be subject to&sc Vosrure.Under Horuda records Vary°, erna l addresses are pubhc rewards.-therefore, your e- rnaH cornrnurouc at.on and your e-rnaH address may be subject to pubhc d'usc Vosrure. 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 Good Morning Jim, 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 toassist with any questions you may have, but first review and come to the table prepared to discuss. Thank You Shane Utendorf Development / Bui|dingOfhoW Dewe|opment, Bui|ding [ityofBoynton Beach 1OOE. Boynton Beach Blvd. | Boynton Beach, Florida 33435 561-742-6-35)" America's Gateway tothe Gulfstream Please be advised that Florida has a broad pub|io records law and all correspondence to me via emai| may be subject to diso|osune.UnderF|orida records |am( emai| addresses are pub|io records. Therefore, your emai| communication and your emai| address may besubject topub|iodiso|osure. Fnorn: Kittendorf, Shane Sent: Wednesday, December 2O, 2Ol77:46PK4 To:Jim Williams x ; Peter, Michael < ; Kuntzman, John ; Stokes, Tia Cc: Simon, Michael x ; Mack, Andnew < Hey Jim, We can talk to tomorrow. Sent from my Sprint Samsung Galaxy Notes. -------- Original message -------- From: Jim Williams < 4, iwilliamsawarchs.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, LEER®AP I Principal AW Architects 7700 Congress Ave., Suite 1114 1 Boca Raton, Florida 133487 T 561.99T 1244 x320 Imm 561.99T 1675 1 C; 561.766.6470 i illia s&a arc s.co .a arc s.com 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 beach ore-/ 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 '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 Tracking Plan Tracking Plans Plan Plan Tracking Plan Tracking Plan Tracking Step Reviewed by Step In Date Action Revision Tracking Tracking Action Type Detail Comment Detail Comment Code a Number Action Path Action Step Description Sequence Freeform 3MM 10/24/2017 0 C 2 APPROVED 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 H 2 NOT 1.000 November 3,2017 2:15:38 APPROVED/SEE PM byb2fxl. COMMENTS 1.001 1.002 1)Only a portion of the previous engineering comments are 1.003 addressed. 1.004 Comments such as: entrance turning radius, sanitation 1.005 truck back distance,alley improvements and drainage cals 1.006 are still pending. 1.007 Please correct and resubmit. 1 i MEN, 111 111 111 i iiil 1 ill!1 ill 1 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 1.000 November 1,2017 2:21:48 APPROVED/SEE PM byb2mal COMMENTS 1.001 1)Supply a letter of response addressing each comment and 1.002 identifying the location of the revised information in the 1.003 drawings or documents. 1.004 2)A Series-Provide for 6- inch high premises 3an 4, 2018 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 1!11;��Ilwjlililililljjli'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 1!11;��Ilwjlililililljjli'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 1!11;��Ilwjlililililljjli'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 1!11;��Ilwjlililililljjli'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 1.084 the roofed porch. Provide COMMENTS 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 Plan Tracking Plan Tracking Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Step Reviewed by Step In Date Action Revision Tracking Tracking Action Type Detail Comment Detail Comment Code Number Action Path Action Step Description Sequence Freeform K3H 12/06/2016 0 K 0 APPROVED 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 DateA Path Step MWR 11/06/2017 0 1 2 NOT 1.000 November 6, 2017 4:25:50 APPROVED/SEE PM byb2tls2. COMMENTS 1.001 1. Please clarify the finish of the exterior wall- mounted 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 jljljljljljljljlj11111111111111111jg 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 MWR 11/06/2017 0 1 2 NOT 1.002 lights. APPROVED/SEE 1.003 2. Please clarify how the COMMENTS new access ramp will be attached 1.004 to the historic structure or confirm it will not be 1.005 attached. 1.006 3. Please note the window materials on the First Floor 1.007 Window Schedule. 1.008 1.009 If you have any questions please contact Michael Rumpf 1.010 561-742-6261. 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 NONE IN ilililli'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 NONE 11 ill ill ill li'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 Plan Tracking Plan Tracking Plan Tracking Plane Plan Plan Tracking Plan Tracking Plan Tracking Step Reviewed by Step In Date Action Revision Tracking Tracking Action Type Detail Comment Detail Comment Code Number Action Path Action Step Description Sequence Freeform KDZ 04/10/2017 0 B 1 APPROVED ilmilmililill ill ill ill MENOMINEE 111 11 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 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 Dater Path Step MHP 11/01/2017 0 IF 2 NOT 1.000 November 1, 2017 1:41:02 APPROVED/SEE PM byb2mhp. COMMENTS 1.001 Permit 1 17-4870 1.002 Review 1 1 Revision i 1.003 Plans reviewer: Michael H Peter 1.004 PH: (561)742 6665 Email: 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 lojmijijjljljljlj'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 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 lojmijijjljljljlj'11111111111111111jg jl Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking i 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 lojmijijjljljljlj'11111111111111111jg jl Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking i 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 Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking i 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 lojmijijjljljljlj'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 lojmijijjljljljlj'11111111111111111jg jl Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking i 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 lojmijijjljljljlj'11111111111111111jg jl Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking i 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 lojmijijjljljljlj'11111111111111111jg jl Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking i 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 Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Step Reviewed Tracking i 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 '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 ligill ill ill ill ill ill lilli Plan Tracking Plan Plan Tracking Plan Plan Plan Tracking Plan Tracking Plan Tracking Detail Comment Step Reviewed Tracking Action Revision Tracking Tracking Action Type Detail Comment Freeform by Code Step In Number Action Action Description Sequence Date- Path Step 12/05/2016 0 A 0 NOT 1.000 December 5, 2016 12:18:42 APPROVED/SEE PM byb2mds. COMMENTS November 3,2017 1:41:44 PM byb2jmm. 1.001 NEED SUB APPS, NEED CONTRACT NEED APPLICATION FOR ELECTRICAL AND LOW VOLTAGE. 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 Date Number Action Action Description Sequence & Path Step 10/24/2017 0 3 2 NOT 1.000 November 3, 2017 APPROVED/SEE 2:20:18 PM byb2fxl. COMMENTS 1.001 1.002 See engineering comments. Plan Tracking Plan Tracking Plan Tracking Plane Plan Plan Tracking Plan Tracking Plan Tracking Step Reviewed by Step In Date Action Revision Tracking Tracking Action Type Detail Comment Detail Comment Code Number Action Path Action Step Description Sequence Freeform 12/05/2016 11/17/2017 DCD 12/05/2016 Jan 4, 2018 - 23 - 10:57:51 AM Simon, Michael From: Kuntzman,John Sent: Friday, February 9, 2018 4:42 PM To: Simon, Michael; Mack,Andrew; Kittenclorf, Shane Cc: Grissom, Patsy; Shutt, Thuy; Utterback,Theresa Subject: RE: Status of 211 &480 East Ocean Avenue Michael, Here's an update The 2.11 E Ocean project, permit 17-3494,the comments were sent out 11/17/17 no resubmittals at this time. No change at this time. 480 E Ocean Ave project, permit 17-4650, the roof comments by P&Z were sent 12/12/17 no re.submittals at this time. No change at this time. Permit 16-3650,the`TCO was extended for 30 days from today's date. TCO extension was paid 02/07/18,TCO is extended 30 day(03/05/18) A revision to remove the Salamander is required A revision to restore the suppression system to its original configuration will be required as well. When the contractor submits this information please notify me so I can expedite the reviews. No change at this time, John Kuntzman Deputy Building Official Development, Building City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6376 KuntzmanJ@bbfl.us http://www.boynton-beach.org/ America's Gateway to the Gulfstrearn Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Kuntzman, John Sent: Tuesday, February 06, 2018 5:04 PM To: Simon, Michael; Mack, Andrew; Kittenclorf, Shane Cc: Grissom, Patsy; Shutt, Thuy; Utterback,Theresa Subject: RE: Status of 211 &480 East Ocean Avenue Simon, The 211 E Ocean project, permit 17-3494,the comments were sent out 11/17/17 no resubmittals at this time. 480 E Ocean Ave project, permit 17-4650,the roof comments by P were sent 12/12/17 no resubmittal s at this tirne. Permit 16-3650,the TCO was extended for 30 days from today's date. A revision to remove the Salamander is required A revision to restore the suppression system to its original configuration will be required as well. When the contractor submits this information please notify me so I can expedite the reviews, I also told him to review all the TCO requirements and have the contractor verify all of the items are complete prior to scheduling all the finals. From: Simon, Michael Sent: Monday, February 05, 2018 11:52 AM To: Mack, Andrew; Kittenclorf, Shane Cc: Grissom, Patsy; Shutt, Thuy; Utterback, Theresa; Kuntzman, John Subject: Status of 211 &480 East Ocean Avenue Hello Andrew and Shane: As we discussed late last week, the CRA Board has requested that CRA staff provide them with updates on the progress status of both the 211 E. Ocean Avenue and the 480 E. Ocean Avenue Projects. The CRA has a financial and redevelopment interest in the projects and want to know that the owners of each property are making reasonable and diligent effort to have those projects completed and operational as intended. Can you let me know what is currently happening/status with 21 l's plan review approval process and 480's TCO to CO process as they stand today? I will need to follow up with you for additional updates at the end of this week and next week prior to Tuesday's CRA Board meeting. I greatly appreciate all of your professional assistance and cooperation with this and all of the CRA related items. Michael Simon, LES, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 561-600-9091 I 561-737-3258 SimonM@bbfl.us http://www.catchboynton.com t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 OLD BUSINESS AGENDAITEM: 13.E. SUBJECT: Project Update for 480 E. Ocean Avenue SUMMARY: CURRENT STATUS: In accordance with the Purchase and Development Agreement, Ocean Avenue Pride, LLC has already completed the following requirements: • The permit application for the project was submitted on August 25, 2016. • The construction permit for the project was issued on February 3, 2017. • Temporary/Partial Certificate of Occupancy was issued by the City of Boynton Beach on November 30, 2017. • The Temporary/Partial Certificate of Occupancy(TCO)was extended with conditions for an additional 30 days from February 6, 2018 (see Attachment 1). • CRA staff requested a letter be sent from our legal counsel to the Owner's legal counsel reminding them of their obligation and requirement to obtain a Final Certificate of Occupancy, sent February 6, 2018 (see Attachment 11). A final Certificate of Occupancy (CO) was approved by the City of Boynton Beach Building Department on March 8, 2018 (see Attachment 111). By obtaining a CO, the owner has met the terms and obligation set forth in the Purchase & Development Agreement. BACKGROUND: On December 2, 2015 the CRA entered into a Purchase and Development Agreement with Ocean Avenue Pride, LLC for the property located at 480 E. Ocean Avenue. On September 13, 2016 the CRA and Ocean Avenue Pride, LLC executed the First Addendum specifying that construction of the project was to be completed and a Certificate of Completion was to be issued no later than August 27, 2017. Earlier last fiscal year, at the July 11, 2017 CRA Board meeting, Ocean Avenue Pride, LLC, was granted an extension to receive a Certificate of Completion to no later than September 30, 2017. At the September 29, 2017 CRA Board meeting, Ocean Avenue Pride, LLC, the owner/developer of 480 E. Ocean Avenue requested an amendment to the original Purchase and Development Agreement, as amended, to extend their completion date 90 days from September 30, 2017. The CRA approved a 60 day extension to receive a Certificate of Completion to no later than November 30, 2017 (see Attachment IV). CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Downtown District (pg 81 -92) CRA BOARD OPTIONS: To be determined after further discussion with CRA staff and legal counsel ATTACHMENTS: Description D Attachment I -Temporary/Partial Certificate of Occupancy D Attachment II - LLW letter to Property Owner, February 6, 2018 D Attachment III -Certificate of Occupancy-480 D Attachment IV -Addendums, P&D Agrmnt 480 C1 TY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I BUILDING DIVISION 100 East Boynton Beach Boulevard•Boynton Beach,FL 33425•(561)742-6350•Fax 742-6357 TEMPORARY/PARTIAL CERTIFICATE OF OCCUPANCY Project: OCEAN AVENUE PRIDE LLC Permit: 16-00003650 By this Temporary/Partial Certificate of Occupancy, permission is hereby given to occupy the building or portion of the building identified by the address 480 E OCEAN AVE BB for a period of thirty (30) days beginning over 30, 2017, in accordance with the stipulations stated in the Application for Temporary/Partial Certificate of Occupancy. E)dildiWg biis or Representative The following conditions must be satisfied prior to the issuance of an unconditional Certificate of Occupancy: 1. LLC PENDING LEWIS Attorneys at Law LLWL NMA llw-law.com WALKER Reply To: West Palm Beach February 6, 2018 VIA EMAIL&U.S. MAIL Kenneth M. Kaleel, Esquire Kaleel & Crozier, PLLC 54 NE 4th Avenue Delray Beach, FL 33483 Re: Boynton Beach Community Redevelopment Agency("CRA")sale to Ocean Avenue Pride, LLC;480 E. Ocean Avenue, Boynton Beach, FL; Notice of Non-Compliance Dear Ken: As you are aware, the Purchase and Development Agreement between the CRA and your client (referenced above) contained a development timeline requiring certain development milestones be met post-closing by a date certain. The last of these was the obtaining of a Certificate of Occupancy (per Section 18.3(d) of the Agreement). By Addendum, the deadline for your client to obtain the Certificate of Occupancy had been extended by the CRA Board, culminating in the Building Department issuing the attached Temporary Certificate of Occupancy on November 30, 2017. We have received correspondence from the Building Department that this TCO has expired with several items remaining to be accomplished before an unconditional Certificate of Occupancy is issued. The CRA is requesting a written update on the measures being taken to address this issue and would appreciate same at your earliest convenience. Thank you for your assistance in this matter. I look forward to hearing back from you soon. Sinicerely, Kenneth Dodge KWD/jlb CC: Mike Simon, BBCRA Theresa Utterback, BBCRA JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALM BEACH 245 Riverside Ave.,Suite 150 315 South Calhoun St.,Suite 830 101 Riverfront Blvd.,Suite 620 515 North Flagler Dr.,Suite 1500 Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Palm Beach,Florida 33401 T 904.353.6410 T:850.222.5702 T 941.708.4040 T 561.640.0820 F:904.35W-GIA F:850.224.9242 F:941.708.4024 F:561.640.8202 C1 TY Y TBEACH DEVELOPMENT DEPARTMENT I BUILDING DIVISION 100 East Boynton Beach Boulevard•Boynton Beach,FL 33425•(561)742-6350•Fax 742-6357 TEMPORARY/PARTIAL CERTIFICATE OF OCCUPANCY Project: OCEAN AVENUE PRIDE LLC Permit: 16-00003650 By this Temporary/Partial Certificate of Occupancy, permission is hereby given to occupy the building or portion of the building identified by the address 480 E OCEAN AVE BB for a period of thirty (30) days beginning November 30, 2017, in accordance with the stipulations stated in the Application for Temporary/Partial Certificate of Occupancy. I�dildi)n6 bfficlgl or Representative The following conditions must be satisfied prior to the issuance of. an unconditional Certificate of Occupancy: 1. ALL COMMENTS PENDING CITY OF BOYNTON BEACH P 0 BOX 310 BOYNTON EACH FL 33425 C E R T I F I C A T E 0 F 0 C C U P A N C Y Issue Date . . . . . . . 3/08/18 Parcel Number . . . . . . 08-43-45-28-03-008-0010 Property Address . . . . 480 E OCEAN AVE BOYNTON BEACH FL 33435 Subdivision Name . . . . Legal Description . . . . TOWN OF BOYNTON LTS 1 & 2 ELK 8 Property Zoning . . . . . CENTRAL BUSINESS DIST. Owner . . . . . . . . . . OCEAN AVENUE PRIDE, LLC 2240 WOOLBRIGHT RD STE 317 BOYNTON BEACH FL 33435 Contractor . . . . . . . THOMASEVICH CONSTRUCTION INC Application Number. . . . 16-00003650 000 000 Description of Work . . . ADDITION COMM Construction Type . . . . V B CONSTRUCTION / 0 HR Occupancy Type . . . . . ASSEMBLY GROUP A-2 Flood Zone . . . . . . . X FLOOD ZONE/ 0 . 20s. CHANCE AUTOMATIC SPRINKLER SYSTE N EDITION OF CODE 2014 SPECIAL CONDITIONS . . . For buildings and structures in flood hazard areas, documentation of the as-built lowest floor elevation has been provided and is retained in the records of the Building Division. Approved . . . . . . . . 41 Buildpiy Of f itial VOID UNLESS SIGNED BY BUILDING OFFICIAL The described portion of the structure has been inspected for compliance with the requirements of the code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I BUILDING DIVISION 100 East Boynton each Boulevard•Boynton each,FL 33425®(561)742-6350•Fax 742-6357 N 0—T I C E 0 F C 0 M P L E T 1 0 N Issue Date . . . . . . . . . . . . . . . . . . . 3/8/18 Property Address . . . . . . . . . . . . . 480 E OCEAN AVE BB Application Number . . . . . . . . . . . 16-00003650 Application Date . . . . . . . . . . . . . August 25, 2016 Description of Work . . . . . . . . . . RENOVATION FOR RESTAURANT Owner . . . . . . . . . . . . . . . . . . . . . . . . 00E AVENUE PRIDE, LLC 2240 WOOLBRIGHT RD ST E 317 BO TON BEACH FL 33435 Contractor . . . . . . . . . . . . . . . . . . . THOMASEVICH CONSTRUCTION INC 11201 LAUREL WALK RD LAKE WORTH FL 33449 Printed by . . . . . . . . . . . . . . . . . . . Simon, Michael From: Kittendorf, Shane Sent: Thursday, March 8, 2018 9:40 AM To: Simon, Michael Cc: Mack,Andrew Subject: FW: Letter of Acknowledgement - Fork Play#16-3650 Michael- FYI Shane Kittendorf Development/Building Official ' Development, Building City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 561-742-6352 KittendorfS@bbfl.us is http://www.boynton-beach.org/ America's tew the GuLfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Kittendorf,Shane Sent:Thursday, March 08, 2018 9:38 AM To: 'Eli Thomasevich' <eli@buildwithtci.com>; Richard Lucibella<rich@Iucibella.com>; Richard Lucibella<rich@primus- fl.com> Cc: KMKEmail<kmk@kmkpa.com>; Mack,Andrew<MackA@bbfl.us>; Stokes,Tia (StokesT@bbfl.us)<StokesT@bbfl.us> Subject: RE: Letter of Acknowledgement- Fork Play#16-3650 Eli, Thank You for the letter, I have, requested my Intake Supervisor Tia Stoke to move forward with the Certificate of Occupancy for the Addition and the Certificate of Completion for the renovation. She will email when ready, Thank You From: Eli Thomasevich [wnailto el,% Ibuildwithtcixo .] Sent:Wednesday, March 07,2018 4:18 PM To: Kittendorf,Shane<Ki tendor1r'31 @bbfLu >; Richard Lucibella <r"cj°yrdLJcibella.com>; Richard Lucibella<ri h( ri: :us- I c0rn> Cc: KMKEmail<knrk l;rri a.cor: >; Mack,Andrew<Mar:kA Wbbf.0 > Subject: Letter of Acknowledgement- Fork Play#16-3650 1 Hello Gentlemen, Attached is the letter of acknowledgement in regards to the Survey/Elevation Certificate for Fork Play#16-3650 as requested. Shane, When available, please email me a copy of the issued CO for the project. Please let me know if there is anything further needed at this point. Thank you all, 101012-11%THOMASEVICH CONSMUCTIONANC Eli Thomasevich 8401 Lake Worth Rd,Suite 212 Lake Worth, FL 33467 t o uild ith.......................... (561)209-6808 2 Third Re: Seller(s): Boynton Beach Community Redevelopment Agency Buyer(s): Ocean Avenue Pride,LLC Property: 480 E.Ocean Avenue,Boynton Beach,Florida The parties hereby agree to amend said contract as follows: 1. Paragraph 18.3(d)is hereby amended to read as"Certificate of Completion to be provided on or before IL,,✓emher- ?4 ,2017.91 Addendum supersedes contract: The provisions of this addendum are made a part of the subject contract and shall supersede, govern and control all contract provisions in conflict therewith. An electronic copy ("email') copy of the Contract or this addendum and any signatures hereon shall be considered for all purposes as originals. This contract and/or addendum may be executed in several counterparts, each of which shall be construed as an original, but all of which shall constitute one instrument. References herein to "Seller" and 'Buyer" shall include singular or plural as context so requires or admits. Boynton Beach Co munity Redevelopmen'. gency By. - Printed Nam Steven B.Grant,Chair Date: Ocean Avenue Pride,LLC By: Printed Name:Richard Lucibella Date: 17 Oct 2017 00878553-1 Double7ime® Second Contract Addendum Re: Seller(s): Boynton Beach Community Redevelopment Agency Buyer(s): Ocean Avenue Pride,LLC Property: 480 E.Ocean Avenue,Boynton Beach,Florida The parties hereby agree to amend said contract as follows: 1. Paragraph 18.3(d)is hereby amended to read as"Certificate of Completion to be provided on or before September 30,2017. Addendum supersedes contract: The provisions of this addendum are made a pail of the subject contract and shall supersede, govern and control all contract provisions in conflict therewith. An electronic copy ("email") copy of the Contract or this addendum and any signatures hereon shall be considered for all purposes as originals. This contract and/or addendum may be executed in several counterparts, each of which shall be construed as an original, but all of which shall constitute one instrument. References herein to "Seller" and "Buyer" shall include singular or plural as context so requires or admits. Boynton Beach Copimunity Redevelopmetu.Agency By: Printed Name:,Atevei B.Grant,Chair Date: Ocean Avenue Pride,LLC By: Printed Name: Richard Lucibella Date: 12 J-uly_2017 00838548-1 DoubleTimeO Contract Addendum Re: Seller(s); Boynton Beach Community Redevelopment Agency Buyer(s): Ocean Avenue Pride,LLC Property: 480 E.Ocean Avenue,Boynton Beach,Florida The parties hereby agree to amend said contract as follows: 1. Paragraph 18.3(b)is hereby amended to read as"Submission of Construction Permit to the City of Boynton Beach shall occur on or before August 26,2016". 2. Paragraph 18.3(c)is hereby amended to read as"Commencement of construction shall occur within rive(5) days of the issuance of the construction permit'. 3. Paragraph 18.3(d)Is hereby amended to read as"Certificate of Completion to be provided within 180 days of the Issuance of the construction permit'. Addendum su®ersedes contracts The provisions of this addendum are made a part of the subject contract and shall supersede, govern and control all contract provisions in conflict therewith. An electronic copy ("email' of the Contract or this addendum and any signatures hereon shall be considered for all purposes as originals. This contract andlor addendum may be executed in several counterparts, each of which shall be construed as an original, but all of which shall constitute one instrument. References herein to"Seller"and "Buyer"shall include singular or plural as context so requires or admits. Boynton Beach CommunityRedevelopment Agency By: Printed Name:Steven B.Grant,Mayor Date: ' Ocean Avenue Pride,LLC By. ..... Printed Name:Richard Luctbella Date: 16 August -, Doublelrlmev PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement') is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "SELLETV) and OCEAN AVENUE PRIDE, LLC., a Florida limited liability company, whose address is 2240 Woolbright Road, Suite 317, Boynton Beach,FL 33426 (hereinafter"PURCHASER!). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE(PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER., on the terms and conditions hereinafter set forth, the Property which consists of one parcel and an approximately 1,000 sq. ft. structure located in Palm Beach County, Florida at 480 E. Ocean Avenue,Boynton each,FL(the'Troperty") and more particularly described as follows: See Attached Exhibit"A". 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be THREE HUNDRED THIRTY-FIVE AND 00/100 ($335,000,00). The parties agree that SELLER is conveying the Property to PURCHASER for the construction of a full service restaurant serving alcoholic beverages and having live entertainment. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSIT. PURCHASER has deposited THREE HUNDRED THIRTY-FIVE THOUSAND DOLLARS AND 100/00 ($335,000.00) with the SELLER'S escrow agent Lewis, Longman and Walker, P.A. It is understood by the parties that ton (10) percent of same shall constitute the Purchaser's deposit A EFFECTIVE DATE. The to of this Agreement (the "Effective Date) shall be the date when the last one of the SELLER and PURCHASER has signed the Agreement. However,no party shall execute the Agreement any later than one week after the first executing party or the Agreement shall become null and void. 5. CLOSING. The purchase and sale transaction contemplated herein shall close within two weeks of SELLS 's submission to the City of its Major Site Plan Modification or Construction Permit Application whichever is sooner for the restaurant (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extendingthe 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, 0050%3-t PURCHASE AND DEVELOPMENTAGREEMENT Page 2 of 15 free and clear of any and all liens, encumbrances, conditions, casements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): ( ) general real estate taxes and special assessments for the year of Closing subsequent years not yet due and payable; ) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section ), to which PURCHASER fails to object, or which PURCHASERe to accept,pursuant to Section 7.1 and Section 7.2 hereof. 7. INVESTIGATION OTHE PROPERTY. During the term of this Agreement ('Fe ibility Period'% PUC PURCHASER'S agents, employees, d i ees, Contractors, surveyors, engineers, it , attorneys d other consultants (collectively, "'Agents"), sh 1 have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at y time and from i a to time with reasonable notice to SELLER and so long as said investigations o not result in a business interruption, to perform any and all physicaltests, inspections, investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASERmay deem necessary. ° s Feasibility Period, PURCHASERelect, in C 'S sole and absolute discretion, to terminate this contract and receive back all funds held in o . If PURCHASER elects to to to this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property substantially the.condition existingon the Effective Date, subject to such disturbance reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER'S testing investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER s to indemnify and hold SELLER h es from and against all claims, losses, expenses, demands and liabilities, including, t not limited t , aftomey's fees, for nonpayrnent for services rendered to PURCHASER (including, out limitation, any construction liens resulting ere o ) or for dwnage to persons or property (subject to the 1° tion on practicabilityprovided above) arising out of PURCHASER'S investigation of the ProPURCHASER'Sobligations under this Section shall survive the temlination, expiration or Closing f this Agreement. 7.1 Seller's,_,_,_ o ets, SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering ys, soil borings other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property,if any. 7.2 Title , .Review. Within twenty (20) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER in "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete mid legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine 00563%3.1 PURCHASE AND DEVELOPMENT AGREEMENT Page 3 of 15 the Title Com et and deliver written notice to SELLER no later than thirty (3 0) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections'). If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty(30) days to diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or use to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or(ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment (`Title Update!) covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the some as objections to it appearing in the Title Commitment, subject to the pro-visions of this Section. 7.3 Survey_Review, PURCHASER, at PURCHASER'S expense,may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest III 00th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easern ents, lands of others or violate any restrictions, covenants ofthis Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing")are either fulfilled or waived by PURCHASER in writing: 8.1 Rqpj.fres qgtatipns and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2 Condition of Prop t,, 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 inn of major renovation in order to be utilized as a full-service restaurant 00MM-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 4 of 15 8.3 Pend ; Pro ceedin,,!,s. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed,prior to closing,and accepted by PURCHASER. 8.4 Cojgp�hance with LRe tions. The Property shall be in __ Laws and compliance with all applicable federal, state and local laws, ordinances,rules, regulations, codes, requirements,licenses,permits and authorizations as of the date of Closing, 9. CLOSING DOCUMENTS. Ile SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver,or use to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed, A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title of than the Permitted Exceptions. 9.2 Seller's ,Affidavits, SELLER shall furnish to PURCHASER anon 's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also finnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above,the same shall be deemed an uncured Title Objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments rorations between PURCHASER afid SELLER, all costs and expenses to be paid at Closing, and the net proceeds duo SELLER, which SELLER shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens,encumbrances and exceptions,if any,other than Pen-nitted Exceptions. 9.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the to of this Agreement. 10. PRORATIONG.S -CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Pro tions., Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day or to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount, If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If cuffent year's 0056390 1 PURMASE AND DEVELOPMENT AGREEMENT Page of15 assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party,be readjusted upon receipt oft bill. 10.2 Closing Copts., SELLER shall pay for documentary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages,etc.). 10.3 Closins� 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 arked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 Exis b*—Mort"ages a.wLLnd Other Liens, At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, lions and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, ..............—1-111-1---,-—----- 11.1 Seller's Representations an Warranties, SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authoritv. The execution and delivery of this Agreementby SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens,, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12, DEFAULT. 12.1 PURCHASER'S Defaul't", 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 all be entitled to retain the deposit and neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted M56300-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 6 of 15 against the Property by per claiming by,through or under PURCHASER,but not otherwise. 12.2 SELLER"S Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate,then,notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default and this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and neither Party shall have any fiirther rights hereunder. 12.3 Notice of Default. Prior to declaxing 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 lea 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 of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton each Community Redevelopment Agency Executive Director,Vivian L. Brooks 710 N. Federal Highway Boynton Beach,Florida 33435 With a copy to: Tara Duhy,Esq. Lewis, Longman &Walker,P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm each,Florida 33401 If to Buyer: OCEAN AVENUEPI , LLC a Florida limited liability company 2240 Woolbright Road, Suite 317 Boynton each,FL 33426 With a copy to: Kenneth M. Kaleel, Esq. Kaleel &Crozier 54 NE 4"Ave. Delray each, FL 33483 PURCIiASE AND DEVELOPMENT AGREEMENT Page 7 of 15 14. BINDING OIBLIGATI ON/ASSIGNMENT. The terms and conditions of this Agreement are liere by made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties licreto. SELLER may not assign its interest in this Agreement out the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. M RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and the parties shall have no her obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property. I& BROummKER FEES. 'Me PURCHASER hereby confirms that it has dealt with Prakas & Co. as broker in connection with the transaction contemplated by this Agreement and shall be responsible for paying Prakas & Co. a five percent (5'0/D) 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 goverrimental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation,applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE PROPERTY SELLER and PURCHASER adimawl edge that the Property is being sold to PURCHASER for the sole purpose of developing a fW] service restaurant. 18.1 pro,SELLER DesiLL�L&p oval, The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND SALE AGREEMENT. PURCHASER shall submit plans to the SELLER for review. SELLER shall provide comments to PURCHASER at its next regularly scheduled Board meeting. 18.2 Economic Development Grant Incentives and Fund ig,' The SELLER shall provide the PURCHASER with Boynton Beach Community Redevelopment Agency Economic Development Grants if needed, to induce the enhancement and/or expansion of the restaurant,including but not limited to the following: a. Commercial Fagade Grant in the amount of$25,000. To be paid on a reimbursement basis with a $25,000 match required by the PURCHASER b. Commercial Construction Project Incentive Program Reimbursement of 3.3% permit fee dependent on actual project cost,not to exceed $66,000.To be paid on a reimbursement basis. 00563963-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 8 of 15 0. Interior Build-Out Grant - $45,000. To be paid on a rein aburs ement basis with a$45,000 match required by the PURCHASER. SELLER hereby agrees that PURCHASER is not required to apply for and fill out all CRA program forms applicable to each Economic Development Grant program. However, all of the rules of the grant programs must be adhered to. If the CRA Economic Development Grant programs change from the time of this Agreement and the time that the Selter accesses the Economic Development Grant funding, the funding amounts shall remain as stated above. I 18.3 Development Lip.—Timpline. In order to ensure that the public purpose is being met, the following events must be documented in writing and provided to the SELLER upon completion of each. Time is calculated from the Effective Date. a. Submission of Major Site Plan documents to the City of Boynton Beach within One Hundred Twenty (120) days of Effective Date (if applicable). b. Submission of Construction Permit to the City of Boynton Beach within One Hundred Fifty(150)days of Effective Date. C.. Cormnenc of construction within Two Hundred Ten (210) days of Effective Date, d. Certificate of Completion to be provided within Three Hundred Sixty(360) days of Effective Date. Provided PURCHASER diligently pursues any permits or approvals, PURCHASER shall have the right to reasonably extend the time frame herein. 19. PROPERTY R-EVERTER CLAUSE. The decd of conveyance all contain a reverter clause whereby the' Property shall be reconveyed to SELLER should PURCHASER default in not timely constructing the restaurant per Section 18.3 excepting Section 15 whereby both parties may agree to extend the time to construct the restaurant due to circumstances beyond the PURCHASERS control. The Reverter Clause shall terminate upon the Purchaser obtaining a Certificate of Occupancy for the restaurant. In the event the Seller exercises its right to reverter, SELLER shall reimburse PURCHASER the Purchase Price set forth in paragraph 2 above. 20. SELLER'S FIRST RIGHT OF -REFUSAL.....-TO a PURCHASE PROPERTY. PURCHASER hereby grants SELLER a right of first refusal to purchase the Property in accordance with the terms below: 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 thifty(30) days before the date of contemplated sale. 00563%34 PURCHASE AND DEVELOPMENT AGREEMENT Page 9 of 15 b. Within fifteen (15) business days after receipt of the written notice, SELLER shall have the right to notify PURCHASER that it is exercising its Right of First Refusal and will purchase the Property pursuant to a purchase agreement which incorporates the terms and conditions of the Offer. Notwithstanding the to of the Offer, however, the purchase price of the Property shall beconfin-ned by an independent appraisal agreeable to both the SELLER and the PURCHASER. C. If SELLER fails to exercise its Right of First Refusal within the time stated above, the Right of First Reffisal shall have no more force and effect. d. Within five (5) days after the effective date (the date of complete execution and delivery of a Purchase Agreement), SELLER shall deposit with PURCHASER ten percent (10%) of the Purchase Price as Ernest Money. If the sale is closed, the Ernest money shall be applied toward the Purchase Price. If SELLER decides not to purchase Property or this Right of First Refusal expires unexercised after thirty (30) days, PURCHASER shall retain the Ernest Money. e. The parties understand and agree that the intent of this Right of First Re,%sal retained by SELLER is toensure the Property is maintained and operated in the manner described in paragraph 2 above and protective of the grants provided in subparagraph 18.2. This provision is not intended and will not be exercised to prevent PURCHASER from subsequently conveying the Property to a third party otherwise meeting the criteria and obligations set forth in this Agreement. f Seller's Right of First Refusal shall automatically terminate three (3) years from the date PURCHASER obtains its Certificate of Completion (as described in Section 18.3 above). 21. MISCELLANEOUS. 21.1 General. This Agreement, and any amendment hereto,may be executed in any number of counterparts, eacb of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral,between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court fort Southern District Court of Florida. 21.2 Computation of Time. Any reference herein to time periods which are 00563%3-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 10 of 15 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 ti 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 iso the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 213 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any it by a party with knowledge of a breach oft is Agreement by the other party in the performance of their respective obligations hereunder, shall bed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms,provisions,covenants, agreements or conditions. This paragraph shall survive tennination of this Agreement and the Closing. 21.4 Construction of -AgEggpignt The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment bereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, ante plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 21.5 Seyerabgfte� If any provision of this Agreement or the application thereof shall, for any reason and to any extent,be invalid or unenforceable,neither the remainder of this Agreement nor the application of the provision to of persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section all apply to any amendment of this Agreement. 21.6 Handwritten Provisions, Handwritten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflict with. 21.7 Waiver of Jw-Y 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 wising out of or in any way connected with this Agreement. 21.8 Attomews 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 tothe prevailing party. 21.9 'Binding Authority Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and SELLER has fall 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. W563%3.1 PURCHASE AND DEVELOPMENT AGREEMENT Page I I of 15 21.10 Regording.. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 21.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set fbrth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and PURCHASER'S possession of the Property. 21.12 SELLER At1qriigysZ Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in comiection with the transaction contemplated by this Agreement, 21.13 Public Records. SELLER-is public agency subject to Chapter 119, Florida Statutes. Tote extent required by law, The PURCHASER shall comply with Florida's Public Records Law. SIGNATURE PAGE TO FOLLOW W50963-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 12 of 15 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLS OCEAN AVENUE PRIDE,LLC BOYNTON BEACH COMMUNITY BY: PALADIN,INC.,a Florida Corp., REDEVELOPMENT AGENCY As Mane of,Oean Avenue Pride,LLC BB Y' y: Pct t� anie: Richard Lucibella Print e: Jer 1`a r Tile: President r Date: ' w ' , f�S Date. Title• ai Witnesses:_ $ �:``t Witnesses: at, CIE rN F ppro e t fo an legal sufficiency: C At 'rney OU567967-! Exhibit"A" Legal Description Lot I and 2,Block 8, BOYNTON,according to the Plat thereof,recorded in It Book 1,Page 23,Public Records of Palm Beach County, Florida PCN#08-43-45-28-03-GO8-001 0 00563 %o PURCHASE AND DEVELOPMENT AGREEMENT Page 14 of 15 MIBIT"B" REVERTER AGREEMENT This REVERTER.AGREEMENT is at as of this day of 2015 by and between the Boynton Beach Community Redevelopment Agency (the "SELLER") and OCEAN AVENUE PRIDE, LLC a Florida limited liability company, having an address of j t Road, ui_._317 Bo ?iton Beach, FL 334_26 (the"" C ER"). UR HAS RECITALS A. The SELLER has conveyed to the PURCHASER that certain real estate described on Exhibit "A" attached hereto (the "Property") pursuant to a Deed of even date herewith between the SELLER and PURCHASER, B. The PURCHASER has agreed to construct certain Improvements on the Property in accordance with the guidelines and criteria set forth on in the Purchase and Development Agreement. C. The Deed provides that if the PURCHASER does not construct the Improvements as set forthi this Agreement, then the Property shall revert to the SELLER- NOW THEREFORE, in consideration of the transfer of the Property to the PURCHASER and of consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. PURCHASER agrees at its sole cost and expense to complete the construction of the Improvements in accordance With the terms of the Purchase and Development Agreement attached hereto by no later than December 31, 2015 (the "Completion Date"), 2, In the event the Improvements are not completed by the Completion Date, the Pro all revert to and thereafter become fee simple real estate owned by the SELLER. Upon the request of the SELLER, the PURCHASER will provide a general warranty deed to the Property in form and substance acceptable to the SELLER evidencing the reconveyance of the Property. 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 to financed with a commercial bank or similar lender intended to fund the construction and development of the Improvements, In such an event, the SELLER will enter into a Subordination Agreement in form and satisfactory to such lender. Upon completion of ODS63963-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 15 of 15 e Improvements satisfactory to the SELLER, the SELLER agrees to issue a letter acknowledging the release of the ruverter rights described herein, This Agreement &hall be bindingupon the parties hereto and shall be binding upon and inure to the benefit of their successors and assigns. This Agreement shall be governedy and interpreted in accordancewith the laws of the State of Florida. This Agreement may only be modified or amended by a writtenagreement signed authorized representat°ves of the parties hereto. WITNESS the following signatures of the year and date first above written. OCEANAVENUE PRIDE,LLC a Floridalimited liability company BY: Paladin,Inc.,a Florida corporation As Manager of Ocean Ave Pride,LLC : �._. .� r' �ame. Richard Lucibella Title: President Boynton Beach Community Redevelopment Agency w._w. Y® T Yl ecutivegirecto t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 NEW BUSINESS AGENDAITEM: 14.A. SUBJECT: Consideration of the Contract for the 2018 Pirate Fest and Mermaid Splash Management Firm, Standing Ovations, LLC SUMMARY: For the past four years, the CRA has contracted with a professional event management firm to assist staff with the planning and execution of the agency's signature Haunted Pirate Fest and Mermaid Splash event. Standing Ovations, LLC, was the event management firm that was contracted to assist with the planning and onsite management of the 2017 Pirate Fest event. While under contract with the CRA, Standing Ovations LLC displayed exemplary professionalism in every facet outlined within their scope of work, completed each task as directed and exceeded expectations in every aspect of the contract. This year's event assistance proposal submitted by Standing Ovations, LLC, provides the CRA with a flat rate of $42,500 to provide a variety of professional services, including but not limited to: • Coordination of event and on-site staff and vendor logistics • Assistance with maintenance of event production schedule • Vendor Relations and Management • Volunteer Relations and Management • Operations Management • On-site LaborAssistance and Management Staff would like to recommend entering into an agreement (see Attachment 1) with Standing Ovations, LLC, to act as the professional event management firm to assist with the 8th Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash event. The agreement has been reviewed and approved by CRA legal counsel. FISCAL IMPACT: FY2018-2019 Budget, Project Fund Line Item 02-58500-480 - $42,500 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Contract Agreement with Standing Ovations, LLC in the amount of $42,500 to provide additional Event Mangement Services for the 2018 Haunted Pirate Fest and Mermaid Splash event. 2. Do not approve the Contract Agreement with Standing Ovations, LLC in the amount of $42,500 to provide additional Event Mangement Services for the 2018 Haunted Pirate Fest and Mermaid Splash event. ATTACHMENTS: Description D Attachment I -Standing Ovations, LLC Contract for 2018 Pirate Fest and Mermaid Splash BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CONTRACTOR AGREEMENT This Contractor Agreement (hereinafter "Agreement") is made by and between Standing Ovations, LLC (hereinafter the "Contractor") and the Boynton Beach Community Redevelopment Agency, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter the"CRA") (collectively the "Parties"). WHEREAS, the CRA is in need of Contractor services for The 7th Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash, which will take place at the time and location described below, (hereinafter"Event"); and WHEREAS, the Event will be held for a proper municipal purpose and is in the interest of the public and in furtherance of the CRA Plan; and WHEREAS, the Contractor has the knowledge, ability, and equipment to provide Contractor services at the Event; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Notice and Contact. a. Contact Person for the Contractor: Stewart Auville Business Name: Standing Ovations, LLC. Address: 2607 West End Road, West Palm Beach, FL 33406 Telephone Number: (561) 951-4443 Email Address: saawpbl3(amail.com b. Contact Person for CRA (hereinafter"Program Coordinator"): Name: Mercedes Coppin, Special Events Coordinator Address: 710 North Federal Highway, Boynton Beach FL 33435 Email Address: Co tp inM(a�bbfl.us Telephone Number: 561-600-9097 3) Description of the Contractor Services: Contractor will be responsible for planning, coordinating, and managing the overall operations of the Event under the direction of the 00953757-1 Page I of 12 CRA Special Events Coordinator ("Program Coordinator"). The Contractor will report directly to Program Coordinator and will work with support from CRA staff and in compliance with all CRA and City of Boynton Beach financial and operational requirements. For purposes of this Agreement, the term "service providers" shall mean entities that provide services and/or equipment for the Event, including but not limited to: electricity generation; security; cleaning; portable sanitary facilities; tent installation and removal; stage setup and breakdown; audio-visual engineering; barricades; parking and shuttle service; tables, chairs, and decor; signage; and production services, along with any other entity necessary or desirable for the operation of the Event. For purposes of this Agreement, the term "Vendors" shall mean those entities renting space at the Event. The obligations of Contractor described in this paragraph shall be referred to as "Contractor Services" in this Agreement. Specifically, Contractor agrees to the following: a. Contractor shall coordinate and manage all Event logistics as well as obtain all Service Providers selected by the CRA, and obtain or prepare all items necessary to effectively operate and manage the Event. i. In order to obtain service providers, Contractor shall first obtain bids from potential service providers and present those bids to the CRA. Once the CRA selects a service provider, Contractor shall facilitate, to the best of its ability, the formation of an agreement between the CRA and the selected service provider for the Event. b. Contractor shall act as a liaison between service providers, vendors, volunteers, City of Boynton Beach personnel and the Program Coordinator. c. Contractor shall assist the CRA with any event sponsorships that are secured by providing sponsorship servicing; including grid creations, pre-event, on-site, and post-event fulfillment obligations. d. Contractor shall work within the budgetary constraints of the event set by the CRA Board for the fiscal year 2018/2019 or as provided by the Program Coordinator. e. Contractor shall submit all proposals, and quotes, to the Program Coordinator for approval before procurement of service providers. f. Contractor shall submit all invoices or requests for deposit to the CRA for payment. All payments for services will be made directly by the CRA finance department. g. Contractor shall procure appropriate event related permits, licenses, and insurance coverage. h. Contractor shall work directly with service providers and manage the coordination and layout of the on-site event, set up of vendor tents, stages, sets and decor, 00953 75 7-1 Page 2 of 12 portable toilets, barricades, light towers, generators, food court, and other event related items. i. Contractor shall assist CRA with updating the existing event site map. j. Contractor shall develop a load-in and load-out schedule for all service providers for the Event. k. Contractor shall assist CRA with volunteer recruitment and management of volunteer program. 1. Contractor shall attend all meetings requested by Program Coordinator, including interdepartmental meetings with staff from the City of Boynton Beach. in. Contractor shall directly sub-contract an Artist Relations Manager, Entertainment Manager, Volunteer Manager, Operations Managers (3), and Labor Assistants to be paid directly by the Contractor to coordinate, assist, and facilitate throughout the project. Contract will directly compensate sub-contracted personnel. n. No later than June 29, 2018, Contractor shall provide to the CRA for approval: i. An updated site plan for the Event; ii. Outlined suggestions to enhance the volunteer program; iii. Outlined suggestions to enhance the CRA's existing sponsorship packet; iv. Permit request for the City of Boynton Beach; v. Quotes for core equipment rentals, such as stages, tents, barricades, audio, radios, golf carts, ATM's, trolley's, port-o-lets, generators, and light towers; and vi. Preliminary database of participants and key contacts. o. No later than September 21, 2018, Contractor shall provide to the CRA for approval: i. Proof of all required insurance from service providers; ii. A production schedule inclusive of load-in, load-out, event operations, run of show, and breakdown of event; iii. A signage plan; iv. Copies of proposed contracts with service providers sufficient to demonstrate to the CRA that Contractor is able to ensure adequate staffing, appropriate scheduling, and other logistical needs are met during the Event; and v. Proof that Contractor has obtained all necessary event permits from all entities, including an umbrella permit for the Event from the City of Boynton Beach, and is sufficiently managing all vendor permit needs. p. Prior to the day of the Event, Contractor shall: i. Collect all required vendor insurance documents; ii. Create and provide the CRA with a database of all participants, including service providers, Vendors, subcontractors, volunteers, and similar entities. The database must include the name of the contact person for each entity, the phone number for the person who can be contacted during 00953 75 7-1 Page 3 of 12 the event, email address of the contact person, and the physical address of entity; and iii. Provide an outline of vendor space assignments. q. On the days of the Event, Contractor shall: i. Coordinate, manage, and direct all Event service providers, logistics, entertainment, Vendors, volunteers, set-up, break-down, and all other happenings at the Event. ii. Ensure that sufficient Contractor staff are present at the Event, based on CRA estimates of attendance at Event, and have additional staff available to assist at the Event at the request of the CRA; and iii. Coordinate Vendors, including checking Vendors in, providing Vendors with booth assignments, and addressing requests of Vendors. r. After the Event, Contractor shall attend a wrap-up meeting at the direction of the Program Coordinator. s. The Parties agree that the obligations and deadlines in this Paragraph 3 (Description of Contractor Services) are material and essential terms to this Agreement. 4) Approximate length of Contractor Services. From March 2018 to December 15, 2018 5) Dates and Times of the Event. Dates: Between the hours of: October 27, 2018 11 A.M. and 9 P.M. October 28, 2018 11 A.M. and 6 P.M. Location. 129 East Ocean Avenue, Boynton Beach, FL 33435, between Seacrest Boulevard and Federal Highway. 6) Compensation. The CRA shall pay the Contractor for the performance of the Contractor Services as follows: a. The CRA shall pay the Contractor a total of $42,500 (hereinafter, "Compensation") for the performance of the Contractor Services, as described herein, which sum shall be paid as follows: First Payment shall be $10,000, payable at the time of execution of the Agreement, provided that the Contractor has provided the CRA with the tax forms required by this Agreement. 00953 75 7-1 Page 4 of 12 Second Payment shall be $5,625, payable on May 18, 2018, provided contactor has submitted contract deliverables as outlined in Paragraph 3: Description of the Contractor Services to the CRA. Third Payment shall be $5,625, payable on July 18, 2018, provided contactor has submitted contract deliverables as outlined in Paragraph 3: Description of the Contractor Services to the CRA. Fourth Payment shall be $5,625, payable on August 18, 2018, provided contactor has submitted contract deliverables as outlined in Paragraph 3: Description of the Contractor Services to the CRA. Fifth Payment shall be $5,625, payable on September 18, 2018 provided contractor has submitted contract deliverables as outlined in Paragraph 3: Description of the Contractor Services to the CRA. Final Payment shall be $10,000, payable upon completion of the Contractor Services provided that the Contractor has submitted all paperwork required by the CRA and described in this Agreement. 7) Form of Payment of Compensation. All payments of Compensation shall be made in the form of a CRA check made payable to: Standing Ovations, LLC. Payment of Compensation upon completion of the Contractor Services is dependent upon sufficient time having been allowed for processing of this Agreement. The Final Payment shall be made within 45 days after the Event, in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Contractor Services. 8) Costumes, Equipment, Etc. All costumes; footwear; makeup; props; equipment transportation, set-up, and break-down; and anything else necessary to provide the Contractor Services shall be provided by and at the expense of the Contractor. The Contractor shall leave the Event site in a condition equal to that prior to performance of the Contractor Services. The CRA shall not be responsible for any equipment or other property of the Contractor brought to or left on CRA property. 9) Personnel. Contractor represents that Contractor has, or will secure, all necessary personnel required to perform the Contractor Services under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with, the CRA. All of the Contractor Services shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such Contractor Services. Contractor warrants that all Contractor Services shall be performed by skilled and competent personnel in accordance with all applicable federal, state, and local professional and technical standards. 00953 75 7-1 Page 5 of 12 10)Vehicles. All vehicles belonging to Contractor or Contractor's personnel shall be removed from the event location site and parked in the assigned area prior to the start of the Event. 11)Propriety. The Contractor shall ensure that their performance of Contractor Services will not contain swearing, lewd actions, or lewd comments, or any behavior, activity, or language unsuitable for the intended public audience. 12)Content, Logistics, Etc. The Contractor understands that the CRA has sole and absolute discretion as to the content and propriety of the Event. The Contractor also understands that the CRA has final and complete control of the method, manner, means, scheduling, placement, and other logistical considerations at the Event. The Contractor shall be allotted reasonable time for meals, bathroom breaks, costume changes, or other reasonable breaks, as applicable. The Contractor also understands that, with the exception of the Contractor Services, the CRA retains creative control of all other elements of the Event, including but not limited to sound levels, selection of service providers, choice of entertainment and other performers (include master of ceremonies and speakers), performance length, lights, amplification, stage sets, and film or video played to the audience during the event. The Contractor shall have exclusive control of the Contractor Services provided by the Contractor. 13)Cancellation. The CRA reserves the right to cancel or postpone the Event for any reason. a. If the CRA cancels or postpones the Event 72 hours or more before the scheduled Event date for reasons other than breach by the Contractor, the CRA shall not be liable to Contractor for payment for any Contractor Services not yet rendered, but shall be liable only for payment of goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation. b. If the CRA cancels the Event less than 72 hours before the scheduled Event date for reasons other than breach by the Contractor, and does not reschedule the Event, the Contractor is entitled to compensation from the CRA only for: 1) goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation, and 2) any costs Contractor incurred that it cannot get refunded for and/or cannot mitigate for in another transaction. c. If the CRA cancels the Event less than 72 hours before the scheduled Event date for reasons other than breach by the Contractor, and the CRA desires to reschedule the Event, the CRA shall consult with Contractor concerning the date for the rescheduled Event. If the Event (and any related Contractor Services) are rescheduled, Contractor agrees that payment will occur upon completion of the rescheduled Event. If the Event is rescheduled, only the date and times of the Event (and any related Contractor Services) and the date of payment under this Agreement shall be modified; the other terms of this Agreement shall remain in effect unless otherwise modified under this Agreement. If the Contractor can provide evidence that it cannot participate in the rescheduled Event due to unavoidable conflict, the Contractor is entitled to compensation from the CRA 00953 75 7-1 Page 6 of 12 only for: 1) goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation, and 2) any costs Contractor incurred that it cannot get refunded for and/or cannot mitigate for in another transaction. d. In no case shall any payments made pursuant to this paragraph exceed the amount of Compensation identified in paragraph 6 of this Agreement. e. In the event of any cancellation or postponement, the CRA will endeavor to notify the Contractor as soon as practicable prior to the Event date. f. It is understood that this is a "rain or shine" event and the terms of this Agreement are in no way affected by inclement weather unless otherwise determined by the CRA. Every effort will be made to continue the Event. However, the CRA reserves the right to cancel the Event in the event that the weather poses a potential danger to the Contractor, the equipment, or Event attendees and participants. Safety shall be the paramount consideration in determining whether the performance must be cancelled due to weather. g. Any failure of the Contractor to perform may be excused only for proven sickness or injury, civil tumult or riot, terrorist acts, epidemics, acts of God, or other conditions beyond the control of the Contractor. The Contractor or agent must notify the CRA immediately of any reason which might result in Contractor's failure to perform on the scheduled date. h. The CRA reserves the right to approve/substitute any other contractor for Contractor in the event that Contractor is not able to perform the Contractor Services as required by this Agreement. 14)Default. The failure of the Contractor to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Contractor 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 and refuse Payment accordingly. 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 Contractor's breach or default. 15)Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Event, whether such damage or injury occurs before, during, or after the Event. The Contractor 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 Contractor. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. 16)Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, 00953 75 7-1 Page 7 of 12 sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Contractor. 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 Contractor to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 17)Transfer. The CRA may assign or otherwise transfer this Agreement to the City of Boynton Beach at any time upon 5 days written notice to the Contractor. The Contractor 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. 18)Insurance. The Contractor 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 a liability limit of at least $1,000,000 per occurrence. 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 Contractor by or on behalf of the CRA or acts or omission of the Contractor in connection with providing Contractor Services pursuant to this Agreement. The Certificate must include the following additional insured language: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 In the absence of a COI, the Contractor shall sign the CRA Indemnification & Waiver of Liability Agreement provided by the CRA. 19)Tax Forms. The Contractor shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Contractor Services. The Contractor assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members) own FICA and Social Security benefits and all taxes resulting from this Agreement. 00953 75 7-1 Page 8 of 12 20)No Discrimination. The Contractor 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. 21)No Partnership, Etc. The Contractor 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 the Contractor is an (a) independent Contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Contractor Services. The Contractor will exercise its own judgment in matters of safety for itself and attendees of the Event. The Contractor attests that it possesses a current personal accident and or personal health insurance policy. 22)Promotional Materials. The Contractor agrees that the CRA may photograph and/or record video and audio of the Event, and that such photographs and recordings may be (i) used for the purposes of promotion of the Event or future events; (ii) transmitted live or by recording on local television and radio channels; and (iii) used in materials intended for public display or distribution to the public, including but not limited to print advertisements, billboards, street and light pole banners, websites affiliated with the CRA, and social media affiliated with the CRA. The Contractor agrees that the Event, including information about the Contractor and the Contractor Services to be provided, can be advertised prior to or subsequent to the Event. 23)No Infringement. The Contractor represents that in performing the Contractor Services under this Agreement, the Contractor will not infringe on the property right, copyright, patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Contractor Services is an infringement on the property right, copyright, patent right, or other rights, the Contractor will indemnify the CRA against any and all loss, damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 24)Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 25)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 00953 75 7-1 Page 9 of 12 sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 26)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. 27)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. 28)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. 29)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. 30)Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. 31)Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Contractor Services described in this Agreement. b. Upon request from the CRA's custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the CRA. d. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all 00953 75 7-1 Page 10 of 12 applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; or oy to eac C k .us.. The Contractor also understands that CRA may disclose any document in connection with performance of the Contractor Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 32)Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 33)Compliance with Laws. In the performance of the Contractor Services under this Agreement, the Contractor 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, including ethics and procurement requirements. 34)Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement. This Agreement will automatically terminate after the performance of the Contractor Services and payment by the CRA, or on January 1, 2019, whichever occurs first, unless the CRA renews this Agreement pursuant to subparagraph 34(b) of this Agreement. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Contractor Services or the Event pursuant to this Agreement. a. The CRA shall have the right to terminate this Agreement without restriction upon 24 hours written notice to the Contractor so long as such notice is provided 3 months or more before the scheduled Event date. If the termination is for reasons other than breach by the Contractor, the CRA shall be liable only for payment of goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of termination. b. Prior to the termination of this Agreement, the CRA may, at its option, renew this Agreement for the 2019 8th Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash (2019 Event) by providing written notice of renewal to Contractor. Contingent on the success of the Event, Contractor will be eligible for a three percent (3%) rate increase upon renewal for the 2019 Event. If the CRA renews this Agreement, only the dates (including the fiscal year referenced in 00953 75 7-1 Page II of 12 subparagraph 3(b)), times of the Event, and amount of compensation in this Agreement may be altered, which alteration must be accomplished through written agreement of the Parties. Only those terms specified in such written agreement will considered altered by the renewal. If the parties fail to agree to such altered terms within 60 days of the written notice of renewal by the CRA, the renewal will be considered void and the Agreement will be considered terminated. 35)Survival. The provisions of this Agreement regarding the content of the Event, promotional rights, infringement, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By: Date: Authorized Representative for Contractor Print Name: By: Date: Authorized Representative for CRA Print Name: 00953 75 7-1 Page 12 of 12 t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 NEW BUSINESS AGENDAITEM: 14.13. SUBJECT: Consideration of Purchase for the Property Located at 521 N. Federal Highway SUMMARY: CRA staff has identified an available property located at 521 N. Federal Highway. As indicated on the attached map, this property is located on the Federal Highway Corridor just north of Boynton Beach Boulevard within the Downtown District (see Attachment 1). The 1015 sq.ft. commercial building is currently vacant and was previously used as a small office space. An appraisal of the property has been completed and an estimated market value of $131,600 has been determined (see Attachment 11). In addition to performing an appraisal, a title search (see Attachment 111) and lien search was conducted on the property and as of January 31, 2018, the property has no outstanding Code Compliance Cases or Liens, and no Mowing and Maintenance Liens (see Attachment IV). CRA staff is seeking approval to purchase the property through the Palm Beach County tax deed process for a price not to exceed the appraised value. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund line item 02-58200-401: amount to be determined. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan - Downtown District CRAAB RECOMMENDATION: The CRA Advisory Board recommends the purchase of the property located at 521 N. Federal Highway at a price not to exceed 20% above the appraised value ($157,920). CRA BOARD OPTIONS: 1. Approve the purchase of the property located at 521 N. Federal Highway for a price not to exceed the appraised value. 2. Approve the purchase of the property located at 521 N. Federal Highway for a price not to exceed 20% above the appraised value. 3. Do not approve the purchase of the property located at 521 N. Federal Highway. 4. Other options as determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Map and Photos D Attachment II -Appraisal D Attachment III -Title Search D Attachment IV - Lien Search All I �f IT` il'IvIN LU S ,+ l � � t `i -�i �I.. C: k � APPRAISAL REPORT COMMERCIAL PROPERTY 521 NORTH FEDERAL HIGHWAY 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 February 23, 2018 Vance Real Estate Service sf, February 23,2018 Boynton Beach Community Redevelopment Agency � �`�`}�' 710 North Federal Highway Boynton Beach, FL 33435 - i i RE: Commercial property, 521 North Federal Highway, 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 February 23, 2018. 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 2018-2019). This report is for exclusive use of the client for possible acquisition. ! 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 THIRTY-ONE THOUSAND SIX HUNDRED DOLLARS $131,600 I (THIS LETTER MUST REMAIN ATTACHED TO THE REPORT WITH SIXTY-SEVEN(6 7) 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 Photographs o the Subject ect Property 5 1-3-5 Mile Location Map 7 1-3-5 Mile Demographic Statistics 8 Summary of Important Facts and Conclusions 10 DESCRIPTIONS ANALYSES & CONCLUSIONS 11 I entity ot Client and Intended User 12 Intended Use 12 Identification of Real Estate Appraised 12 Ownership 12 Property Address 12 Legal Description 12 Real Estate Tax Analysis 13 Market Area Description 14 Zoning 19 Site Description 19 Improvement Description 20 Real Property Interest Appraised 21 Appraisal Purpose and Definition of Market Value 21 Effective Dates of the Appraisal and Report 22 Scope of the Work 22 Summary of Information Considered 23 Property History 23 Highest and Best Use 24 SALES COMPARISON APPROACH-LAND VALUATION 27 Land Sales es map 29 Land Sales documentation 30 Land Sales Comparison Chart 44 Valuation by the Sales Comparison Approach 45 FINAL VALUE OPINION 49 Certification and Limiting Conditions 50 ADDENDA 52 Acquiring Deed of Appraised Property 53 "CBD" zoning information 55 USPAP Standards Rule 2-2a 57 Qualifications of the Appraisers 59 INTRODUCTION S 1 :Y East Building Elevation on Federal Highway North Building Elevation � a n t a Y n Entrance to Rear Parking off Federal Highway South Building Elevation s Rear Parking Area Rear Exit& Garbage Enclosure PHOTOS OF THE VALUED PROPERTY&ENVIRONS 521 N.Federal Highway Boynton Beach,Florida 33435 5 1 S t 4 a t i A t tt:u "1`tt —`� �s, � r9 W 0 0 � t 4 � 1 s, � sval , ,A*Worms aid Corridor 1,r6 g s t( (� �� ke orthl L A a A v a ra M0131su€aL£o—" 1h Av � E AtL mk, I� 1 i r uz ki9�°��61� Rd i Rd Lantana otilloRd _ i � "Yp01 xoRc ,"2 i d m b a� Old Roy #aa Rd x ]oyn Rmsc: s�of;.48py). tPtY SCh 11 4' e +d 1� 431 -:rj"" g"f �rPiccc . da:Rd f Dell,r Beach" Kings Point% _Low Win Blvd 1d IOd�si Club 6Q Hghland Beach 1-3-5 MILE RADII FROM THE VALUED REAL ESTATE 521 N. Federal Highway Boynton Beach, Florida 33435 • Gesn" - . . . . VANCE REAL ESTATE SERVICE 521 S Federal Hwy, Boynton Beach, Florida, 33435 Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 11,302 61,172 153,084 2010 Population 11,691 68,587 168,844 2017 Population 13,896 75,750 182,390 2022 Population 15,252 80,943 192,993 2000-2010 Annual Rate 0.34% 1.15% 0.98% 2010-2017 Annual Rate 2.41% 1.38% 1.07% 2017-2022 Annual Rate 1.88% 1.33% 1.14% 2017 Male Population 48.9% 47.9% 47.7% 2017 Female Population 51.1% 52.1% 52.3% 2017 Median Age 45.9 44.6 47.2 In the identified area, the current year population is 182,390. In 2010, the Census count in the area was 168,844. The rate of change since 2010 was 1.07% annually.The five-year projection for the population in the area is 192,993 representing a change of 1.14% annually from 2017 to 2022. Currently, the population is 47.7% male and 52.3%female. Median Age The median age in this area is 45.9, compared to U.S. median age of 38.2. Race and!Ethnicity 2017 White Alone 56.6% 60.2% 65.2% 2017 Black Alone 36.2% 31.9% 26.5% 2017 American Indian/Alaska Native Alone 0.3% 0.3% 0.3% 2017 Asian Alone 1.4% 1.7% 2.1% 2017 Pacific Islander Alone 0.0% 0.0% 0.0% 2017 Other Race 3.1% 3.2% 3.4% 2017 Two or More Races 2.4% 2.6% 2.5% 2017 Hispanic Origin (Any Race) 14.2% 15.6% 16.0% Persons of Hispanic origin represent 16.0% 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 63.8 in the identified area, compared to 64.0 for the U.S. as a whole. Households 2000 Households 4,916 26,582 67,299 2010 Households 5,126 29,436 73,475 2017 Total Households 6,130 32,510 79,009 2022 Total Households 6,732 34,727 83,402 2000-2010 Annual Rate 0.42% 1.03% 0.88% 2010-2017 Annual Rate 2.50% 1.38% 1.01% 2017-2022 Annual Rate 1.89% 1.33% 1.09% 2017 Average Household Size 2.26 2.30 2.29 The household count in this area has changed from 73,475 in 2010 to 79,009 in the current year, a change of 1.01% annually. The five-year projection of households is 83,402, a change of 1.09% annually from the current year total. Average household size is currently 2.29, compared to 2.28 in the year 2010.The number of families in the current year is 45,120 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 2017 and 2022. Esri converted Census 2000 data into 2010 geography. February 12, 2018 8 • Gesn" VANCE REAL ESTATE SERVICE 521 S Federal Hwy, Boynton Beach, Florida, 33435 Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Median Household Income 2017 Median Household Income $44,368 $48,506 $51,341 2022 Median Household Income $49,898 $54,366 $57,512 2017-2022 Annual Rate 2.38% 2.31% 2.30% Average Household Income 2017 Average Household Income $70,965 $70,345 $75,267 2022 Average Household Income $80,343 $80,149 $85,876 2017-2022 Annual Rate 2.51% 2.64% 2.67% Per Capita Income 2017 Per Capita Income $31,426 $31,057 $32,975 2022 Per Capita Income $35,552 $35,253 $37,464 2017-2022 Annual Rate 2.50% 2.57% 2.59% Households by Income Current median household income is$51,341 in the area, compared to $56,124 for all U.S. households. Median household income is projected to be $57,512 in five years, compared to $62,316 for all U.S. households Current average household income is$75,267 in this area, compared to $80,675 for all U.S. households. Average household income is projected to be $85,876 in five years, compared to $91,585 for all U.S. households Current per capita income is $32,975 in the area, compared to the U.S. per capita income of$30,820. The per capita income is projected to be $37,464 in five years, compared to $34,828 for all U.S. households Housing 2000 Total Housing Units 6,354 32,102 80,558 2000 Owner Occupied Housing Units 3,329 19,231 50,947 2000 Renter Occupied Housing Units 1,587 7,351 16,351 2000 Vacant Housing Units 1,438 5,520 13,260 2010 Total Housing Units 7,332 37,980 91,873 2010 Owner Occupied Housing Units 3,106 18,819 51,625 2010 Renter Occupied Housing Units 2,020 10,617 21,850 2010 Vacant Housing Units 2,206 8,544 18,398 2017 Total Housing Units 8,508 41,063 97,798 2017 Owner Occupied Housing Units 3,223 18,724 51,205 2017 Renter Occupied Housing Units 2,907 13,786 27,804 2017 Vacant Housing Units 2,378 8,553 18,789 2022 Total Housing Units 9,340 43,585 103,058 2022 Owner Occupied Housing Units 3,431 19,671 53,471 2022 Renter Occupied Housing Units 3,300 15,056 29,930 2022 Vacant Housing Units 2,608 8,858 19,656 Currently, 52.4% of the 97,798 housing units in the area are owner occupied; 28.4%, renter occupied; and 19.2% 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 91,873 housing units in the area - 56.2% owner occupied, 23.8% renter occupied, and 20.0% vacant. The annual rate of change in housing units since 2010 is 2.82%. Median home value in the area is$199,565, compared to a median home value of$207,344 for the U.S. In five years, median value is projected to change by 5.24% annually to$257,617. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2017 and 2022. Esri converted Census 2000 data into 2010 geography. February 12, 2018 9 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Commercial property 521 North Federal Highway Boynton Beach, FL 33435 OWNERSHIP: FBDC LLC 4220 W 75th Street Bradenton, FL 34209 LAND: Approximately 4,700 square feet IMPROVEMENT: One-story commercial building formerly used as a store, containing 1,015 square feet of enclosed area, constructed in 1946. ZONING: "CBD", in the city of Boynton Beach APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Store that appears to be unoccupied HIGHEST AND BEST USE: As vacant: Small commercial building or redevelopment of the site with adjacent properties for a commercial or mixed use. As improved: Demolished and removed VALUE BY THE SALES COMPARISON APPROACH: 4,700 square feet of land x$28.00 per square foot of land= ONE HUNDRED THIRTY-ONE THOUSAND SIX HUNDRED DOLLARS 131 600 VALUATION DATE: February 23, 2018 Exposure Time: 12 months prior to selling at the appraised value 10 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 2018 - 2019) 2-2(a)(i) State the identity of the client; state the identity of 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: FBDC LLC 4220 W 75th Street Bradenton, FL 34209 Property Address: 521 North Federal Highway Boynton Beach, FL 33435 Legal Description: Lots 1 and 4, less the east 35 feet for Federal Highway right-of-way, Block 4, ROBERT ADDITION TO TOWN OF BOYNTON, Plat Book 1, page 51, Palm Beach County, FL Census Tract No. 61 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) Real Estate Tax: Parcel Control Number: 08 43 45 2126 004 0010 Land Value: $107,577 Improvement Value: 54,040 Total Value: $161,617 Assessed Value: $161,617 Ad Valorem Tax: $ 3,451 Non Ad Valorem Tax: $ 479 Total Tax: $ 3,930 Real estate tax for 2017 is unpaid; additionally, tax certificates are issued for non-payment of taxes from prior years. The Palm Beach County Property Appraiser (PBPA) values the existing components of the property, which are then assessed for taxation. PBPA does not value the property based on its highest and best use as do the writers of this report. The improvement has reached the end of its useful life; however, the county property appraiser's valuation does not reflect this condition. For this valuation to possibly change, the property owner would have to file a tax appeal and present evidence of the building's condition. 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. 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) In Florida, the taxable 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 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. 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; size 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. These were constructed in the early 1920s and 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. 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. Freight trains still run through the subject market area on the FEC tracts. 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) Higher speed, passenger Brightline train runs along the FEC tract, but does not stop in Boynton Beach. For now, there are only three depots with one in downtown Miami, one in downtown Fort Lauderdale and the third in downtown West Palm Beach. In the future, there may be commuter rail service along the FEC tracks with a station in downtown Boynton Beach; however, no plans have been announced. The subject market area is the Downtown District in the CRA with the following general boundaries: Florida East Coast (FEC) Railroad on the west, Federal Highway and the Intracoastal Waterway on the east, Northeast 7" Avenue to the north and Southeast 12 Avenue on the south. Federal Highway CRA North and South Districts flank the Downtown District, with one district blending into the next. All totaled, the Federal Highway corridor through the CRA in Boynton Beach is about 2.5 miles long. The strong influence of heavily trafficked Federal Highway is a catalyst to redevelopment of the corridor with over 2,300 new residential units in five projects, with more planned. Highway beautification projects improved the aesthetics of the market area. Most of the properties on the east and west side of the highway have shallow depths, inhibiting redevelopment of the sites with larger commercial projects. Assemblages of adjacent properties and rezoning to mixed use will facilitate revitalization of the subject market area. Federal Highway is the main north-south artery through the Downtown District. It is also known as U S Highway 1 and is the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Primary east-west arteries are Boynton Beach Boulevard and Ocean Avenue. Boynton Beach Boulevard is the principal east-west artery in city, having an interchange with Interstate 95. 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. 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) Ocean Avenue, in the Cultural District of the CRA, is an upgraded streetscape of wide sidewalks covered with pavers, lighting, kinetic sculptures, and bollards. Ocean Avenue continues east of the Cultural District with a drawbridge over the Intracoastal Waterway, reaching Ocean Boulevard. Ocean Avenue extends west through Boynton Beach, with an interruption at Interstate 95. The subject market area is easily accessible by main roads and Interstate 95. To the northwest of the Downtown District and the Federal Highway North District is the Heart of Boynton District where the CRA has concentrated funds and effort into revitalizing the area with new housing options and upgraded streetscapes. The CRA has purchased numerous smaller properties to assemble larger sites for redevelopment of mixed use projects. 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 $44,368, for three miles it is $48,506 and $51,341 for the five mile circle. All are lower than the median household income for Palm Beach County of $54,400, even though the east parts of the circles include the residents all the way to the Atlantic Ocean. In the one-mile circle, population is 13,896. In three miles, population increases to 75,750; at five miles, it is 182,390. However, about one-half of the three and five mile circles are over the Atlantic Ocean and waterways. Annual growth rate is anticipated to be 1.14% to 1.88% 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. The median age in the market area is 45.9 years compared to the U. S. median age of 38.2 years. 52% 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 19%; however, this amount is high due to the undercount of the other two categories. Median home value in the five-mile area is $199,565 compared to median home value of$207,344 in the United States. 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) 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. Current residential buyers 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 $70,000 to $100,000 per unit based on the same factors. 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, 15,757 square feet of commercial space, plaza, 644-space parking garage, et cetera. At 623 S Federal Highway, Club of Boynton Beach is under construction. It will be a six-story, 87 unit assisted living facility and memory care facility. Earlier in the 2000s, the property was to be developed with a condominium; however, the recession spoiled those plans. 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) 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 life cycle stage of the market area is revitalization, a period of renewal, modernization and increasing demand. Boynton Beach CRA is purchasing blighted properties in the subject market area and other properties where the owners are willing to sell. One example in the immediate subject market area is the former AmeriGas Propane storage and sales facility at 711 North Federal Highway. The old improvements were demolished, and the site was sold to the property owner to the north for another business venture. One more example is at 1110 N Federal Highway (Land Sale 1), with the old store scheduled for demolition and removal. Conclusion The town's 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. Boynton Beach Community Redevelopment Agency is instrumental in the renaissance of the city of Boynton Beach. The price trend for property in the subject market area will continue to increase while the economy remains strong. Land Use: General Commercial Proposed Land Use: Mixed Use, medium intensity CRA District: Downtown District 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) Zoning: "CBD", Central Business District in the city of Boynton Beach. The intent of this district is to implement the mixed use and mixed use core future land use plan classification of the Comprehensive Plan. The mixed use will be a highly visible community focal point integrating office, retail and residential uses concentrated in the historic downtown and marina district. Uses allowed in the district are intended to service the entire community, create a high volume of pedestrian traffic, provide business opportunities, et cetera. Minimum lot area is 15,000 square feet. Minimum lot frontage is 75 feet; minimum lot depth is 100 feet. Copy of the zoning code is in the Addenda. The appraised parcel contains approximately 4,700 square feet which appears to make it a non- conforming site in this district. However, officials of Boynton Beach determine non-conformities of sites and structures. Cited from the Land Development code: non-conforming lots which are vacant or proposed to be cleared and redeveloped, approval of a variance shall be required prior to the construction of any structures or establishment of any use on the lot. Site Description: The shape of the site is a rectangle. Approximate dimensions and size are from public records. North boundary on NE 5 Avenue: 47 feet East boundary on Federal Highway: 100 feet South boundary on adjacent property: 47 feet West boundary on adjacent property owned by the subject property owner: 100 feet Total: 4,700 square feet 19 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) Utilities: All utilities are available to the site. Access: The site borders Federal Highway on its east side, but there is no driveway on to the main road. Pedestrian traffic can reach the tract on its east side. Vehicular access is via a driveway on NE 5 Avenue at the northwest corner of the parcel. North Federal Highway is a four-laned road with a raised, landscaped median, sidewalks, street lights and storm drains. NE 5 Avenue is a two-laned local road. There is no median break in Federal Highway at NE 5 Avenue. Easements: There is no survey to review; however, utility easements are typically around the perimeter of the site. Improvement Description: The improvement on the subject property is a one-story commercial building which appears to have been used as a store. The building contains 1,015 square feet and was constructed in 1946. No interior inspection of the building was made. The premises appeared to be unoccupied. Photos of the appraised property in the beginning of the report show the condition of the building which appears to be in average condition for its age. The building is constructed of concrete block with a painted stucco finish. The roof appears to be flat with a composition topping. Windows are plate glass. The design of the structure is dated. There is a paved area to the west of the building with a few marked parking spaces. Environmental Assessment: No assessment was available for review. 20 APPRAISAL REPORT (continued) 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 February 23, 2018. 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 motivation 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. 21 APPRAISAL REPORT (continued) * 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 & Llyht Co., v. denninss, 518 So.2d 895 (Fla. 1987)] 2-2(a)(vi) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: February 23, 2018 B) Date of the Report: February 23, 2018 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 exterior of 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 sales of land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including Costar Group, Corelogic, Realquest, Loopnet, Palm Beach County Property Appraiser records, the public records, and data from the appraiser's plant. For Sales Comparison Approach, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. 22 APPRAISAL REPORT (continued) 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 methods used are detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinions, and conclusions is explained in the valuation section. Neither the Cost nor Income Approaches are applicable to appraise the small subject site, which is what constitutes the value of the property concerned. Exclusion of these approaches to value still produces a creditable report. 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 March 12, 2013 for a price of$200,000. The transaction also included the property adjacent to the west, a depreciated single family residence. A copy of the deed is in the Addenda. The date of sale is too far removed from the effective date of the appraisal to be of any significance to the current opinion of value expressed in this appraisal. 23 APPRAISAL REPORT (continued) 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 appears to be an unoccupied one-story store; however, this is not the highest and best use of the property. The age of the subject building and the change in the life cycle stage of the market area from decline to revitalization, renders the existing use of the property of a small store to be obsolete. Therefore, the building has no contributory value to the property. The use reflected in this appraisal is vacant land, ready for its highest and best use. 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 The land appraised contains approximately 4,700 square feet. It has a corner location, but with no traffic signal or median break in Federal Highway. The parcel is level and filled to street grade. All utilities are available to the site. 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 and deed restriction, none of which came to light during the property investigation. Land use designation is General Commercial. Proposed land use is mixed use, medium intensity. Zoning is "CBD", Central Business District. Minimum lot size is 15,000 square feet. Permitted uses include a commercial, residential or mixed use. The appraised land does not meet the size standards for the "CBD" district as a stand-alone site, appearing to be a non-conformity. City officials make that determination and the legal permissibility of the land. According to the zoning code, a variance must be obtained prior to improving a non- conforming site. 24 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT 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. As mentioned, assemblages of smaller parcels into larger sites for mixed use development are taking place in the subject market area and in other CRA districts. Once a large site is assembled, the development process can commence with possible zoning and/or land use change to permit mixed use projects such as 500 Ocean or The Villages at East Ocean. Land Sales 2, 3 4 and 6 in this report are an example of a less intense assemblage. It appears that the subject property owner may have been attempting an assemblage of the subject block in 2013 when the property was acquired. FBDC LLC purchased four sites in the block in 2013. However, public records show real estate taxes have not been paid and tax certificates were issued. Financially feasible use for the subject is either for a small stand-alone commercial property or to assemble it with other lots in the subject block for redevelopment of a mixed use project. The most probable buyer is a local or regional developer assembling smaller parcels to have sufficient land for a large mixed use project. Time for development is now with revitalization of the subject market area and a strong economy where people are seeking new retail and housing choices. Maximally Productive as Vacant In summary, the Highest and Best Use of the land in question is for a small single-occupant commercial building or for assemblage with other lots in the subject block to construct a mixed use project with residential units on the upper floors and commercial use on the ground level. Such uses would be physically possible, probably legally permissible with necessary changes if any, financially feasible and maximally productive. 25 HIGHEST AND BEST USE OF THE PROPERTY AS IMPROVED Highest and best use of the existing improvement is demolition and removal from the subject site. The structure is 72 years old and outmoded. The flat roofline and low building profile are old-fashioned. Location of loading and parking areas are difficult to access via a narrow passageway. Placement of the building on the site prevents corrections for non-conformities and inconveniences. Thus, demolition and removal of the building is its highest and best use which is physically possible, legally permissible, financially feasible and maximally productive. Examples of such demolitions have already been cited in the report. 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. 26 SALES COMPARISON APPROACH LAND VALUATION SPRUCE 11 `� CDM Subject & Land Sale Location Map M ER MINER RD_ � F C 2 INDUSTPIAL WAY Ul DP, rV ti" I ,BLD Czr {- f�'ra Ilz �, t� �� Ocean Inl Park y p �tr I�( EAST RIDGEC IRS ++t 19TH AVE NE � � -oMANATEE BAY 6R ISLANQ➢R� ti v I� zi ml z o z� it ,F t.11 �En I) t rr a, l N a N �u I—�iz� -- !. NE 15TH PL ¢�s INLET IN� ori �—_ z SALE 1:, Y 3m31 N W 12TH AVE F1' I�mho z�m NE p ,rel �z zL NW ETH AVE r_-� T SUBJECT ISI �� f vr-ikn im ,� IC r= ! !r l� I _liI — P-J b �� -,y I i[n �'"-? NE STH z 'e'• �I} I_, !' = po E N4TE n r _ z �m to m f11 NE ..C 44(( 3RDAVEpy- 2i -EIBOYNTON_BEACH-BLVO_ _ _N_E ISTAVE NE IST AWE - j I �- N'( s pil z.� � x ` r�EAN AVE E QCEAN Ai1E� w�L nii._� OCEAN AVE_ y t _ I� zl p. i�L _SE IST AVE -... N 4 i[a � i '�i4•_'t 1-mo�� ty �( ..q1 SALE LE 2f+ HUDSON AVE Beach&yntnn .jFa�rj`szNAVE SE D SALE$ AVEi z _f P � ig Oil_.. Ili ia �I SE II SALE rJ SE 8 t 1,- SALE 3 sRoo HARBOUR DRJN _I 3 :ice t �) tr i K ©R QALE f 4 fah ,s,�RY WAY '�' SW 10TH IAVE SE 10TH ATVTE I� r+ HARBOUR I! Swt 11TH AVE1-! SE 12TH AVE HAVE HIBISCUS WAY-001.� i MORT iJJ N_S WAY I�SW Y_3rH AVEAL �4 ; 1 I' k m� } 7, uy II �+ ��SWjY4TH AVE. E'� r a �. ` Y I 4Y WOO IGHTL D�]1 j._6LBRIGH_RD ._t 1'NORTH BLVD SE-28r'7p R.VE i4p BLWDJII � 7 SOUTH BLVD;.i, SE IST GIR y, d 1 ') ❑ S i R yI Cam,'—A l '� �q Q ` ,� �- j ,� �S r a �I" ;Pig yy IL�=sEazNOAVE SEAWIEW_:AWE '�--ifs�.��--"�P^ �-•i �1 SW 24TH Data use subject to license. `Q DeLorme.DeLorme Street Atlas USA@ 20709. 0 800 1600 2400 3200 4000 wrvww.delorme.com MN(6-7°W) Data Zoom 13-0 29 VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lengthy legal description. See exhibit. RECORDED O. R. Book 28957,Page 1337 GRANTOR The Alpine Seven Company, Inc. GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE March 15,2017 LOCATION 1110 North Federal Highway Boynton Beach,FL ZONING "C-4,"General Commercial PROPOSED LAND USE Mixed Use,low intensity CRA District Federal Highway District—North SALE PRICE $170,000 LAND SIZE 6,033 square feet UNITS OF COMPARISON $28.18 per square foot of land PARCEL CONTROL NO. 08 43 45 2132 002 0211 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Theresa Utterback for grantee COMMENTS Negotiated transaction based on the market price for the property. Existing old store on the site will be demolished and removed to make way for redevelopment of the site. 30 CFN 20170094923 OR BK 28957 PG 1337 RECORDED 03/17/2017 16:04:34 Palm Beach County, Florida AMT 170,000.00 DEED DOC 1,190.00 Sharon R. Bock CLERK&COMPTROLLER Prepared by and return to: Pgs 1337-1338; (2Pgs) Spencer kSiegel,Esq. Siegel S' &Wright 1600 th ie Hwy Suite 300 Boca R 33432 561-620- File Num be ine Seven Will Cali No.. �o [Space Above This Line For Recording Data] Warranty Deed 0f� This Warranty Dedd made this 15th day of March, 2017 between The Alpine Seven Company, Inc., a dissolved Florida corporation who t office address is PO Box 700, Boynton Beach, FL 33425-0700, grantor, and Boynton Beach Community Redev ment Agency, a public agency whose post office address is 710 N. Federal Highway, Boynton Beach, FL 33435,grtc1- 7 b (Whenever used herein the tenns "gran 'grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals,and the successors and assigtions,trusts and trustees) O Witnesseth, that said grantor, or I Sdt deration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to sain hand paid by said grantee,the receipt whereof is hereby acknowledged, has granted, bargained, and sold to thetee, and grantee's heirs and assigns forever, the following described land, situate,lying and being in Palm Beach C1 ride to-wit: The North 66 feet as measuri ht angles to the North line of the following described parcel:That part of Lots 20,21 and 2 ck 2, Lake Addition,a Subdivision of the City of Boynton Beach,Florida,according to the Plat t on file in Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recor Plat Book 11, page 71, of the Public Records of Palm Beach County,Florida,more particula ibed as follows:Beginning at the Southwest corner of Lot 20, Block 2, Lake Addition, run Easter y ng the South line of said Lot 20,a distance of 122.5 feet to a point; thence Northerly at right o the South line of said Lot 20, a distance of 131.7 feet,more or less to a point in the North line of Lot 22,Block 2,Lake Addition,thence run Westerly along the North boundary line of said Lot 22, to the Northwest corner of said Lot 22; thence Southwesterly along the West line of Lots 22,21 and 20,to the Point of Beginning. Parcel Identification Number: 08-4345-21-32-002-0211 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 lawfully seized of said land in fee simple;that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2016. DoubleTinne® 31 CFN 20170094923 BOOK 28957 PAGE 1338 2OF2 In Wi s Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signe cal d delivered in our presence: O The Alpine Seven Company, Inc.,a Florida for profit V 0 ? corporation Witness Name: Mardy Powell,President Witness Name: (Corporate Seal) State of Florida 0 County of Palm Beach The foregoing instrument was Acknowl fore me this 15th day of March,2017 by Mardy Powell of The Alpine Seven Company, Inc., a Florida for profit corpo t on behalf of the corporation. He [ 1 is_taersQnally known to me or [X}has produced a driver's license as identification. �--- [Notary Seal) blic Printed Name: Spe er B Siegel,Esq. _• _ W H IFFMW M Commission Expires: May 15,2020 EXPIRES:KW to 2020 Y P _ Y _ Warranty Deed-Page 2 DoubleTime® 32 , ��+ +1 r t s J t i`•i t t= t I 1 Ci LL Y 1 li at 9� �41h E E .��. - ��tti��ll, � " st S i 1 4„ �l t LAND SA E 1 1110 N FEDERAL HIGHWAY BOYNTON BEACH, FL 33 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTIONS Lot 10, the south 1/2 and Lot 11, Block 'A" PENCE'S SUBDIVISION NO. 1, Plat Book 1, page 33, Palm Beach County,FL Lots 14 and 15, Block 'A" PENCE'S SUBDIVISION NO. 1, Plat Book 1,page 33,Palm Beach County,FL RECORDED O. R. Book 28567,Page 956 O. R. Book 29557,Page 1905 GRANTORS Okee Boynton 2015, LLC Richard Smith et al GRANTEES Ocean Hudson,LLC Exsorro One,Inc. DATE OF SALES August 30, 2016 December 28,2017 LOCATIONS 412 Southeast 4 Street 420 Southeast 4 Street Boynton Beach,FL ZONING "C-3,"Community Commercial PROPOSED LAND USE Mixed Use,medium intensity CRA District Downtown District SALE PRICE 412 SE 4 Street: $ 240,000 420 SE 4 Street: 1,200,000 Total $1,440,000 LAND SIZE 21,510 sq ft+28,676 sq ft=50,186 sq ft UNIT OF COMPARISON $28.69 per square foot of land PARCEL CONTROL NOS. 08 43 45 2107 0010101 and 0140 CONDITIONS OF SALE Cash sales. Arm's length transaction. CONFIRMED Kenneth Kaleel, attorney for grantee COMMENTS Grantees are related companies. Properties are abutting. 412 is a vacant site. Existing old dwelling units on 420 will be demolished and removed to make way for redevelopment of the site. 34 r s , 1 Ij LANDS LE 2 412 & 420 SOUTHEAST 4 STREEET BOYNTON BEACH, FL 35 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lots 1, 2, 3 and 4, Block "C," PENCE'S SUBDIVISION NO. 1, Plat Book 1, page 33, Palm Beach County, FL, less the east 13 feet of Lots 1 and 4 for Federal Highway RECORDED O. R. Book 29241,Page 1523 GRANTOR Hidden Brook Corporation GRANTEE Exsorro One,Inc. DATE OF SALE July 25,2017 LOCATION 601 South Federal Highway Boynton Beach,FL ZONING "C-3,"Community Commercial PROPOSED LAND USE Mixed Use, medium intensity CRA District Downtown District SALE PRICE $1,250,000 LAND SIZE 52,507 square feet UNITS OF COMPARISON $23.81 per square foot of land PARCEL CONTROL NO. 08 43 45 28 07 003 0010 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Kenneth Kaleel, attorney for grantee COMMENTS Vacant parcel with street frontage on three sides: South Federal Highway, SE 4 Street and SE 5 Avenue. 36 n \S \ a afvd I I 9 t t II II i �I n t E (4 ,_� - r,r�.�� ,•<e � ��..,-;� �' �sesmav��' s.kvvv ��.� t :.I srll�l ��1��1��V _?�� t LAND SALE 3 601 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FL 37 VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION Lot 11, Block "B," PENCE'S SUBDIVISION NO. 1, Plat Book 1,page 33,Palm Beach County, FL, RECORDED O. R. Book 29576,Page 256 GRANTOR James Ploen GRANTEE Exsorro One,Inc. DATE OF SALE January 8,2018 LOCATION 415, 421 and 425 Southeast 5 Avenue Boynton Beach,FL ZONING "C-3,"Community Commercial PROPOSED LAND USE Mixed Use, medium intensity CRA District Downtown District SALE PRICE $611,000 LAND SIZE 21,593 square feet UNITS OF COMPARISON $28.30 per square foot of land PARCEL CONTROL NO. 08 43 45 28 07 002 0111, 0112, 0113 CONDITIONS OF SALE Purchase money mortgage in the amount of $531,000 at the market rate of interest. Arm's length transaction. CONFIRMED Kenneth Kaleel, attorney for grantee COMMENTS Three contiguous small parcels improved with old single family houses from 1924-1938, which will be demolished and removed to redevelop the site along with other parcels assembled by the same grantee. Road frontage on two sides: SE 4 Street and SE 5 Avenue. 38 s LA D SALE 4 415, 421 & 425 SOUTHEAST 5 AVENUE BOYNTON BEACH, FL 39 VACANT LAND SALES SALE NO. 5 LEGAL DESCRIPTION Lots 12 and 13, less the east 15 feet, PARKER ESTATE, Plat Book 10,page 37,Palm Beach County,FL RECORDED O. R. Book 29130,Page 501 GRANTOR ALTA 1111 LLC GRANTEE Indiantown Land Holdings LLC DATE OF SALE June 1,2017 LOCATION 1111 South Federal Highway Boynton Beach,FL ZONING "C-3,"Community Commercial PROPOSED LAND USE Mixed Use, medium intensity CRA District Downtown District SALE PRICE $340,000 LAND SIZE 15,460 square feet UNITS OF COMPARISON $22.00 per square foot of land PARCEL CONTROL NO. 08 43 45 28 04 000 0120 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Lloyd Granet, attorney for grantee COMMENTS Vacant parcel with street frontage on three sides: South Federal Highway, SE 4 Street and SE 10 Avenue. 40 r y fz r r v{z{t M £StA �Sd t 1 �v Ss.i, I N -- W )4•i}.,1, l�iT `��\r;{�(!2 11t�t�l ��t��} �� -. t� \� ��1�- �ll�w I 1• �4�y �,g� - g , ( r� 117a 1 Ii 1 , t LAND SALE 5 1111 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FL 41 VACANT LAND SALES SALE NO. 6 LEGAL DESCRIPTION The south 100 feet of Lot 2, LEE MANOR ISLES, Plat Book 24, page 211, Palm Beach County, FL, less right-of-way for Federal Highway RECORDED O. R. Book 29355,Page 1851 GRANTOR Anand Patel et al GRANTEE Exsorro One,Inc. DATE OF SALE September 21, 2017 LOCATION 1320 South Federal Highway Boynton Beach,FL ZONING "C-1,"Office Professional PROPOSED LAND USE Mixed Use, medium intensity CRA District Federal Highway District—South SALE PRICE $565,000 LAND SIZE 22,686 square feet UNITS OF COMPARISON $24.91 per square foot of land PARCEL CONTROL NO. 08 43 45 27 05 000 0021 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Kenneth Kaleel, attorney for grantee COMMENTS Vacant parcel at the northeast corner of South Federal Highway and Riviera Drive. 42 �4 y a p ' LAND SALE 6 1320 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FL 43 on � Q N U U U U U U U oc (71 Fi U w 00 00 M 00 N ao U Z w Fi o Lr) N ~ N Lr) O O O 1 a Ln M —Clj W Cl1 69 69 69 69 69 69 b14 � oc oc Lr) O 00 Lr) 00 N M N N O O N N Cl1 O O H O O O O O N U U w U U cd U cd U U C,3 cd cd cd Lr) cd cd cd cd 0 P� 0 P� -0 P� � u O �-� �i �-� -� N Lr) N Lr) U N W) `O C7 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 property is improved with an old commercial building which has reached the end of its economic life. Highest and best use for the property is to demolish and remove the building, then redevelop the land with either a small commercial building or combine it with adjacent properties for a larger mixed use project. Land size is approximately 4,700 square feet; zoning is "CBD", Central Business District. The subject market area is in the revitalization stage of its life cycle. A search was made to find recent sales of properties fronting Federal Highway which are either vacant or will be vacant when the old improvements on them are demolished and removed. Of the properties reviewed, six which are more similar to the subject are cited in this report. Details of the sales and listing are on the sale sheets and chart. The unit of comparison relevant to this valuation is Sale Price per Square Foot of Land. The range of prices and listing is from $23.81 to $28.69 per square foot of land,before adjustments. 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) 45 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 except No. 4 were in cash, which is the most common form of payment for vacant land. The grantor of Sale 4 accepted a purchase money mortgage from the buyer in the amount of$531,000 (87%loan to price ratio) on a short-term basis. The land unit price for No. 4 is in the range of the other sales, suggesting the financing did not have a significant effect on the amount paid. No adjustments are necessary 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 grantee of Sale 1 is the Boynton Beach Community Redevelopment Agency, with the motivation of purchasing properties in the CRA for assemblage and/or redevelopment by other entities or in partnership with other property owners. The price the CRA paid was based on other market sales and negotiated with the seller. The motivation of the CRA is similar to other buyers in the market area where the buyers are purchasing numerous properties to assemble a site large enough for a financially feasible project. The unit price for Sale 1 is at the top of the range of the comparable sales,but still an indicator of the unit value for the parcel appraised. (Continued) 46 LAND VALUATION (Continued) Sales 2, 3, 4 and 6 were purchased by Exsorro One, Inc. or an affiliated entity, with Nos. 2, 3 and 4 in close proximity to each other. Sale 2 is an assemblage of adjacent properties. Sale 3 consists of two adjacent parcels which were purchased at one time. Motivation of the grantee of these sales appears to be similar to others who have made purchases in the area over the years which is as stated to assemble a site for development of a mixed use,higher density project. Exsorro One, Inc. also purchased Sale 6, a stand-alone property, in the southern part of the Federal Highway corridor in Boynton Beach. Land Sale 5 is two blocks north of No. 6, also an individual purchase. Conditions of sale of the transactions are emblematic of a market area in the revitalization phase of its life cycle. Old improvements reach the end of their economic lives. Some sites are too small for financially feasible redevelopment. Population is increasing with residents seeking new lifestyle accommodations. Thus, assemblages become the norm without need for adjustment for this motivation. 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. Dates of sale are recent and are representative of current market conditions. No adjustment is necessary for this element of comparison. Adjustments for transactional elements of comparison were considered; now, the land sales are likened to the subject and to each other for property elements of comparison. 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. (Continued) 47 LAND VALUATION (Continued) All of the sales are located on or near Federal Highway in Boynton Beach. Sale lis the farthest north, in the Community Redevelopment Area(CRA) Federal Highway District North. Sales 2, 3, 4 and 5 are in the CRA Downtown District. No. 6 is just to the south of No. 5 in the CRA Federal Highway South district. Zoning for Land Sale 1 is "C-4", General Commercial. Zoning for Sales 2, 3, 4 and 5 is "C-3", Community Commercial; No. 6 is zoned "C-1", Office Professional. The appraised parcel is in the Downtown District,with a future land use of mixed use medium intensity. Current zoning is "CBD", Central Business District, though at the north end of that category. As development moves north and south of downtown's central core, the appraised land along with Land Sales 2, 3, 4 and 5 should be in the next wave of projects. Of course, assemblages have to be accomplished to have sufficient land area for such endeavors. The locational characteristics of the land under appraisement 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 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. Land size for the subject is 4,700 square feet, smallest in the data set. The most similar property for size is No. 1 containing 6,033 square feet. Both are small for stand-alone buildings. The other sales range in size from 15,460 to 52,507 square feet. There does not appear to be a direct relationship between parcel size and price per square foot. Assemblage and redevelopment of the sites are more significant factors that influence price. The appraised property is has an old improvement on it, as does Nos. 1, 2 and 4. The grantees of these properties will pay for the demolition and removal of the old improvements as part of the development process for new improvements on the sites. There could be some salvage value to off-set the cost of demolition. Cost for demolition and removal of the old improvements are not adjusted for in this valuation. Use For sites to be comparable, they should have similar uses. Future uses for the subject and sales could be smaller commercial buildings, but will more probably be larger mixed use projects when they are assembled with adjacent properties. No adjustment is called for this element of comparison. (Continued) 48 LAND VALUATION (Continued) FINAL VALUE OPINION Following is a summary of the square foot unit sale prices for the six sales: Land Sale Sale Price per Sguare Foot 1 $28.18 2 $28.69 3 $23.81 4 $28.30 5 $22.00 6 $24.91 Land Sale 1 is in the north end of the general subject market area. Land Sales 2, 3 and 4 appear to be part of an on-going assemblage just to the south of downtown Boynton Beach. Land Sales 5 and 6 are on the south end of the Federal Highway corridor in the city. The range of unit prices is from $22.00 to $28.69 per square foot of land, with the prices having been influenced by a number of factors. The site concerned has a corner location, but no median break on Federal Highway. It is closer to the core of downtown than Land Sales 1, 5 and 6. The price trend is upward as new projects are coming to fruition as discussed. Considering the characteristics of the land under appraisement and the foregoing discussion, the unit value for the subject is in the upper end of the range of the unit sale prices at$28.00 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for land in on or near the Federal Highway corridor in 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 February 23,2018 is: $28.00/sq.ft. of land x 4,700 square feet of land= 131 600 ONE HUNDRED THIRTY-ONE THOUSAND SIX HUNDRED DOLLARS 49 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 appraised the property on March 8,2017. 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 exterior of the property that is the subject of this report on January 25,2018. 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. February 23. 2018 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certifi ed General Real Estate Appraiser No. RZ-85 February 23,2018 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No.RZ-173 50 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 February 23,2018 Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 February 23,2018 51 ADDENDA CFN 20130142667 OR BK 2.590.4 PG 1678 Prepared by and return to: RECORDED 03/27/2013 17:05:48 George W.Mathews,III Palm Beach County, Florida Vice President AMT 200,000.00 First P ity Title Company Doc Stamp 1,400.00 132joach, ongress Avenue Suite 104 Sharon R. Hock,CLERK 8 COMPTROLLER BoyFL 33426 Pga 1678 - 1679G (2pgs) 561a File -1103-NC Will Call 0 ParcelIdenti& No.08-43-45-21-26-004-0010 [Space Above This Line For Recording Data] Warranty Deed ( (STATUTORY FORM-SECTION 689.02,F.S.) This Indenture made this ay of March,2013 between James R.Hudson,a single man whose post office address is 3921 W. Cherry St.,Tamp 3607 of the County of Hillsborough, State of Florida, grantor*,and FBDC,LLC,a Florida Limted Liability Com l9se post office address is 4220 75th street West, Bradenton, FL 34209 of the County of Manatee,State of Flori a*, Witnesseth that said grantor, for and i - eration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said g for in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the saide, and grantee's heirs and assigns forever, the following described land, situate,lying and being in Palm Beach County, 'da,to-wit: Parcel 1: Lots 1 and 4,Less the East 35 feet thereof,Block 4,ROBERT ADDITION TO TOWN OF BOYNTON,according to the plat thereof,as recorded in Plat Book 1,Page 51,of the Public Records of Palm Beach County,Florida. Parcel 2: The East 34.5 feet of Lot 2 and the East 32 feet of the North 25 feet of Lot 3, Block 4, ROBERT ADDITION TO TOWN OF BOYNTON,according to the plat thereof,as recorded in Plat Book 1,Page 51,of the Public Records of Palm Beach County,Florida. and said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. *"Grantor'and"Grantee"are used for singular or plural,as context requires. DoubleTim" 53 Book25904/Page1678 Page 1 of 2 Q In Wit Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. �o Signed,sealed and red in our presence: 10, d �, (Seal) W itne Name: fu f la J es R.Hudson D Witney ame: 6-1—je S �C Q State of Florida County of Palm Beach (�v Vdbefore The foregoing instrument was acknowleme this i3th day of March, 2013 by James R. Hudson, who [_] is personally known or[X] has produced a drivei�ense as identification. [Notary Seal] Notary Pu „Y?r - GEORGE W.MATHEW Printed Name: MY COMMISSION k EE 119746 �•, x,ry E;{PIKES:December 5,2015 ` pF e Nonded Thru Notary Public Underwriters My Commission Expires: <„ Warranty Deed(Statutory Form)-Page 2 DoubleTimee 54 Book25904/Page1679 Page 2 of 2 E. CBD Central Business District. 1. General. The purpose of the CBD zoning district is to implement the mixed use (MX) and mixed use core (MX-C) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to provide a highly visible community focal point integrating office, retail, and residential uses concentrated in the historic downtown and marina district. In addition, this district is considered the predecessor to the urban mixed use zoning districts,particularly, the mixed use-high intensity district. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian activity,provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. 2. Use(s) Allowed. See "Use Matrix Table 3-28"in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-18). No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged, or used unless the premises and buildings shall comply with the following regulations: BUILDING/SITE REGULATIONS CBD District Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 0 feet Rear: 20 feet' Interior side: 0 feet Corner side: 8 feet Waterfront yard(from navigable water): 8 feet3 Minimum living area: 750 s.f. Maximum lot coverage: 75% Parking garages: 85% Maximum Floor Area Ratio (FAR) N/A Maximum structure height: 45 feee ' Where rear property line abuts a public street or alley,rear yard setback may be reduced to eight(8)feet at first floor level, in which case,no setback shall be required at all other floor levels. 55 2 Eight(8)feet is require at first floor level. No setback shall be required at all other floor levels. 3 Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line;however,setbacks are measured from the mean high water line if the body of water is under the same ownership as the subject property. 4 Forty-five(45)feet,not to exceed four(4)stories. The maximum building height shall be forty-five(45)feet, except for buildings which contain a mix of uses(residential in combination with non-residential uses). In these instances,the maximum building height may be increased to one hundred(100)feet,but contingent upon conditional use approval. Mechanical equipment which exclusively serves the structure shall not be included in the calculations of height. 4. Review and Approval Process. All development and redevelopment shall require site plan approval in accordance with Chapter 2, Article 11, Section 2.F. prior to application for building permit. 5. Parking. a. General Requirements. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off-Street Parking Requirements. b. Specific for CBD District. As required by Chapter 4, Article V, Section 3.E. The CBD district contains additional standards relative to location and appearance of off-street parking facilities. Refer to Chapter 4, Article 111, Section 3.C. for these additional development standards. 6. Miscellaneous. a. Building Location and Massing. See Chapter 4, Article 111, Section 3.H. for additional regulations pertaining to mixed use developments. b. Shade and Shelter. See Chapter 4, Article 111, Section 3.H. for additional regulations pertaining to mixed use developments. 56 SUMMARY OF 2018—2019 USPAP(Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form,format, or style of real property appraisal reports. The form, format, and style of the report are functions of the needs of intended users and appraisers. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report must: (a) clearly and accurately set forth the appraisal in the manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS R ULE 2-2(a) Each written rental property appraisal report must be prepared under one of the following options and prominently state which option is used:Appraisal Report or Restricted Appraisal Report. 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, unless the client has specifically requested otherwise; state the identity of any intended users by name or type; (ii) state the intended use of the appraisal; (iii) summarize information sufficient to idents 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 in 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; and (xii) include a signed certification in accordance with Standards Rule 2-3. 57 475.611 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. 58 Page 1 of 5 Vance Real Estate Service ANWONNNOMMIL 9 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 perfonm 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 perfonm 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.Government 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,Palm 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. 59 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 Farm 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 Successfully completed the following graduate 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) 60 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) 61 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) SEMINAR(AI) - 3 Hours"Hot Topics and Myths in Appraiser Liability"(1/26/2018) COURSE(AI) - 7-Hour National USPAP Update Course(2/9/2018) SEMINAR(AI) - 3 hours Florida Appraisal Law(2/9/2018) 62 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 63 I of 4 Vance Beal Estate Service ir 01% 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 64 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) 65 3 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) 66 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 67 TITLE SEARCH REPORT Fund File Number: 546852 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: February 9, 2018 Attorneys' Title Fund Services,LLC Prepared by: Kimberly Shipskie, Phone Number: (800) 515-0155 x6414 Email Address: kshipskie a thefund.com Rev. 12/10 Page 1 of 5 TITLE SEARCH REPORT Fund File Number: 546852 Effective Date of approved base title information: March 27, 2013 Effective Date of Search: January 25, 2018 at 11:00 PM Apparent Title rested in: FBDC, LLC, a Florida limited liability company Description of real property to be insured1foreclosed situated in Palm Beach County, Florida. Lot I and Lot 4, Less the East 35 feet thereof, Block 4, Robert Addition to Town of Boynton Subdivision, according to the plat thereof as recorded in Plat Book 1, 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 Hulda Barnette and Leon G. Barnette to V.M. Wray and Marion Deacon Wray,recorded October 9, 1946, in Deed Book 783, Page 101, as corrected in Deed Book 859, Page 599, Public Records of Palm Beach County,Florida. 2. Special Warranty Deed from V.M. Wray and Marion Deacon Wray to the State of Florida, recorded November 30, 1963, in Deed Book 848, Page 488, Public Records of Palm Beach County, Florida. (The East 35 feet of Lots 1 and 4, Block 4) 3. County of Palm Beach Deed from the State of Florida,through Trustees of the Internal Improvement Fund, to V.M. Wray and Marion Deacon Wray, recorded January 8, 1953, in Deed Book 1003, Page 491, Public Records of Pahn Beach County, Florida. 4. Quit Claim Deed from Vincent M. Wray to Marion D. Wray, recorded April 27, 1970, in O.R. Book 1804, Page 1478, Public Records of Palm Beach County, Florida. 5. Warranty Deed from Marion D. Wray to Robert M. Rowland and Patricia A. Rowland, recorded September 9, 1988, in O.R. Book 5801, Paeg 1250, Public Records of Palm Beach County, Florida. FOR INFORMATIONAL PURPOSES ONLY: This deed appears to exclude the East 38 feet of the subject property. 6. Warranty Deed from Robert M. Rowland and Patricia A. Rowland to James R. Hudson, recorded March 14, 1996, in O.R. Book 9164, Pa 7e, 1076, Public Records of Palm Beach County, Florida. FOR INFORMATIONAL PURPOSES ONLY: This deed appears to exclude the East 38 feet of the subject property. 7. Final Judgment of Divorce between James R. Hudson and Rita D. Hudson recorded in O.R. Book 11041 Pa eg - 1498; and Final Judgment of Divorce between James R. Hudson and Earlene K. Hudson recorded in O.R. Book 23997 Page 74, Public Records of Palm Beach County, Florida. 8. Warranty Deed from James R. Hudson to FBDC, LLC, recorded March 27, 2013, in O.R. Book 25904, Page 1678, Public Records of Palm Beach County, Florida. FOR INFORMATIONAL PURPOSES ONLY: Per prior deeds, it appears that James R. Hudson did not own the East 3 feet included in the property description on this deed. Rev. 12/10 Page 2 of 5 TITLE SEARCH REPORT Fund File Number: 546852 Mortgages,Assignments and Modifications: 1. Mortgage to Robert M. Rowland and Patricia A. Rowland, mortgagee(s), recorded in O.R. Book 0164, Page 1077, Public Records of Palm Beach County, Florida. 2. Mortgage to James R. Hudson, mortgagee(s), recorded in O.R. Book 25904, Page 1680, Public Records of Palm Beach County, Florida. Other Property Liens: I. Tax Deed App No. 2017:14535 for the years 2014, 2015 and 2016. 2. Agency Certificate which has been issued for the year 2016. 3. General or special taxes and assessments required to be paid for the year(s)2017. Restrictions/Easements: 1. All matters contained on the Plat of Robert Addition to Town of Boynton Subdivision, as recorded in Plat Book 1. Page 51, Public Records of Palm Beach County, Florida. 2. Reservations in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund of the State of Florida recorded October 24, 1945, under Deed Book 732, Page 545, Public Records of Palm Beach County, Florida; however, the right of entry and exploration associated with the oil and mineral reservation has been released pursuant to Sec. 270.1 1, F.S. (as to Lot 1, Block 4) 3. Rights of the lessees under unrecorded leases. 4. Despite any language herein to the contrary, this product may not be used for the issuance of a Title Commitment or Policy without prior approval from The Fund's Underwriting Department. Other Encumbrances: 1. Code Enforcement Order against James R. and Earlene K. Hudson in favor of the Town of Mangonia Park, Florida, recorded in O.R. Book 23891, Page 58, Public Records of Palm Beach County, Florida. REAL PROPERTY TAX INFORMATION ATTACHED Proposed Insured: Rev. 12/10 Page 3 of 5 TITLE SEARCH REPORT Fund File Number: 546852 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 apart of any commitment or policy. 1. General or special taxes and assessments required to be paid in the year and subsequent years. 2. Rights or claims of parties in possession not shown by the public records. 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 ally portion of the lands insured hereunder, including submerged,fulled and artificially exposed lands, and lands accreted to such lands. 7. Federal liens and judgment liens, if any,fled 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 fling 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 ally 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. Rev. 12/10 Page 4 of 5 TITLE SEARCH REPORT Fund File Numher: 546852 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 If this product is not used for the purpose of issuing a policy, then the maximum liahility 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. 12110 Page 5 of 5 CFN 20100212274 OR SK 23891 F•G 0058 t�eCcrt) wrr� RECORDED 06/09/2010 09:10:42 TOWN OF MANGONIA PARK Pals Reach county, Florida 1155 East Tiffany Drive &baron R. Back,CLERX t XER P98 0058 - 60; (3p98) Mangonia Park,Florida 33401 CODE ENFORCEMENT ORDER—BUSINESS TAX RECEIPT TOWN OF MANGONIA PARK,FLORIDA ORDER FINDING DELINQUENT BUSINESS TAX(150 DAYS OR MORE)AND ASSESSING FINES AND PENALTIES TOWN OF MANGONIA PARK.,FLORIDA, CASE NO.CEV 10-30 Petitioner, V. James R.&Earlene K.Hudson Respondent. RE:Violation of Sections 14-16 and 14-20 of the Code of Ordinances of the Town of Mangonia Park and See.205.053,Florida Statutes. STREET ADDRESS:721 W.Tiffany Drive#3,Mangonia Park,Florida 33407 The Special Magistrate appointed by the Town Council to hear code enforcement cases for the Town of Mangonia Park,in accordance with Chapter 162,F.S.,having heard evidence and testimony at the Code Enforcement Hearing held on the 1st day of April,2010,hereby enters this "Order Finding Delinquent Business Tax(150 Days or More)and Assessing Fines and Penalties", finding that the Respondent is not in compliance with the requirements of the above-referenced section of the Code of Ordinances and state statutes regarding Business Tax due; ACCORDINGLY, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and ORDER are hereby entered: FINDINGS OF FACT 1. The Respondent was not present at the hearing; however, there was a finding of proper notice. The Respondent is doing business as a landlord. 1 \Uipsav RCInMC.&Uf..—e \2009-201MNU q.e BT 09-10\CEV 10.30 W &o Book23891/Page58 Page 1 of 3 2. Documentation and/or evidence was produced indicating that the respondent has not paid the Business Tax imposed by the Town of Mangonia Park and such tax is now delinquent beyond 150 days after the initial notice of tax due. CONCLUSIONS OF LAW The above-stated facts constitute a violation of Sections 14-16 and 14-20 of the Code of Ordinances of the Town of Mangonia Park and Sec.205.053,Florida Statutes and subjects the Respondent to fines and penalties as set forth at Chapter 205,F.S. ORDER Pursuant to Section 205.053,Florida Statutes,Respondent is delinquent in the payment of a required Business Tax which was due on October 1, 2009 and has been assessed the maximum delinquency penalty of up to twenty-five percent(25%)of the tax due. Respondent currently owes the Town of Mangonia Park $11.56 (tax due). This tax and penalty remains unpaid and the required Business Tax Receipt has not been obtained within 150 days after the initial notice of tax due. ACCORDINGLY,Respondent is further assessed an administrative cost of$5.98ineurred as a result of collection efforts and a penalty of$2.89 for a total tax,costs and penalty amount due of$20.43,all in accordance with Section 205.053,F.S. It is the Order of the Special Magistrate that the Respondent pay the required Business Tax amounts in accordance with the above-referenced Section of the Town Code and state statutes in addition to the costs and penalties assessed hereinabove on or before April 15,2010 or they may be subject to civil actions and penalties, including court costs, reasonable attorneys' fees,additional administrative casts incurred as a result of collection efforts,and a penalty of up to$250. The Town may also revoke their Business License. A certified copy of this Order may be recorded in the Public Records of Palm Beach County, Florida, and, once recorded, shall constitute a lien against the property in the original amount upon which the violation existed and upon any other real or personal property owned by the Respondent,pursuant to Chapter 162,Florida Statutes for the original amount. 2 W%fps 1\Ck,kT,&I:n£ereuarn M09-201=cfi,q...t ST 0940\CEV 1 300 do d., Book23891/Page59 Page 2 of 3 t Upon payment of the above referenced business tax, fines, and penalties, it is the responsibility of the Respondent to notify the Town Code Enforcement Department at(561)848- 1235 of compliance. DONE AND ORDERED THIS day of I I' 2010.. TOWN OF MANGONIA PARK CODE ENFORCEMENT BY: SPECML NLAIGISTRATE CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this order has been sent to Respondent at 3921 W.Cherry Street,Tampa,FL 33607,postage paid. Of the Town of Mangonia Park, Florida, do hereby certify that this is a true and correct copy of �_ �" �r�mrcQxr e Oc�su Cev iq-6D in witness whereof, I hereunto set my hand and affixed the seal of the Town of Mangonia Park, TOWN OF MANQ PARK Florida this'd, day of L.Qr\\ "it . 3 NMp-BC1c4\Cod,affi � 0009-2010Theioq...i BT 09-10\CEV 10-300 doc Book23891/Page60 Page 3 of 3 Account Detail Page I of 2 Anne ANNIF M. G4NNOti. x Gannon Constitutional Tax Collector (;. CO NSVI VVIO NAL tAX COLLECION Serving Palm Beach County Serein lry.h. 1.70wnt y P.O.Box 3353 Serving you. West Palm Beach,FL 33402-3353 Collection Cart Collechon Cart 0 $0.00 Account Information Property Control Number Property Type Last Update 08-43-45-21-26-004-0010 Real Property 2/6/2018 1:28:37 AM Mailing Address: Property Address: FBDC LLC 521 N FEDERAL HWY 4220 75TH ST W BOYNTON BEACH FL 33435 BRADENTON , FL 34209-6516 Owner of Record Deed Number: FBDC LLC 0 ,I Legal Description ROBERT ADDITION LTS 1 &4/LESS E 35 FT SR 5 R/W/ BLK 4 Notice to Tax Payer 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). Bill Type Original Tax Bill = Original tax bill amount due in March. Certificate = Unpaid certificate (AMOUNT DUE) indicates a tax lien exists. 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. Frecauently Asked Auestions Tax Bills Bill Year Bill Type; Bill Number Gro.,;s Tax Penalty/Fees lnternst Discount Amount Due 2017 Original 101030989 $3,930.11 $0.00 $0.00 ($39.31) $3,890.80 Tax Bill 2016 Agency 101030088 $3,711.20 $205.38 $654.28 $0.00 $0.00 $4,570.86 Certificate t tifi ercae (05/31/2016) — -- 2016 C $0.00 $0.00 0.00 $0.00 $0.00 2016:13535 2015 Original 101019612 $3,481.47 $O.C)0 $0.00 $0.00 $0.00 Tax Bill 2015 Certificate $0.00 $0.00 );0.00 $0.00 $0.00 https://pbctax.manatron.com/tabs/propertyTax/accountdetail.aspx?p=08-43-45-21-26-004-0... 2/8/2018 Account Detail Page 2 of 2 Bill Year Bill Type Bill NUMber Gross lax penoltylrees Interest. Discount Amount:Due I (05/31/2015) 2015:13395 2014 Original 101030833 $3,433.29 $0.00 $0.00 $0.00 $0.00 Tax Bill 2014 Tax Deed 2017:14535 $11,657.07 $431.25 $3,080.93 $0.00 $0.00 $15,169.25 App 2013 Original 101030538 $3,317.39 $0.00 $0.(.)0 $0.00 $0.00 'fax Bill 2012 Original 207024795 $3,252.59 $0.00 $0.00 $0.00 $0.00 Tax Bill 2011 Original 207026037 $3,411.22 $0.0() $0.00 $O.00) $0.00 Tax Bill 2010 Original 483640785 $5,012.32 $0.00 $0.00 $0.00 $0.00 I ax Bill 2.009 Original 305864880 $6,273.75 $D.00 $0.00 $0.00 ill 0.00 Tax Bill 2009 Certificate (06/01/2009) $().00 $0.00 $0.00 $0.00 $0.00 2009:19675 2008 Original 305850230 $4,645.28 ,.0.00 $0m $0.00 $0.00 Tax Bill 2008 Original 305850231 $1,188.28 $0,00 ,0 00 $0.00 `50.00 Tax Bill 2008 Certificate (06/01/2008) `g0 OG 0.00 $0.00 $0.00 $0.00 2008:20871 https:Hpbctax.manatron.com/tabs/propertyTax/accountdetai l.aspx?p=08-43-45-21-26-004-0... 2/8/2018 ON!M lrww PM anr& Now 7fr�MYfiw��6w►,A4*M mfe 791 Aw VIA Afdde this t7ti day of selmo 'e A A 10 M of theAl Corrn 'oj m Sfoi and stats of no" PWV o/t f Just part,an 7.S. iw ata IM(S MWO wwo his Witt, tM rMrlfa brad, West PMO anew Of the Coainty of AL 3=0 and Stats of heel" part Ism; of the second past, . Wit; that the said parts, of the Just part,for and In cowddemOorr• of the sun of ora 04Ur sM adwr tiai one eaaal4eml vw momm, to tisr in hand paid,tAw rw*t whwwf b hereby aoienaoWpd,lid o (ranted,bdgWnod,soil and triewlerrrd,and by these presents do N dot,bargata, sell and tnoss sr auto the raid owe lsaoj the second part and 1�ir helps and assigns fora w, ail that cestsim paroel of Wad ts,inf and bftwf In the County of ta►Lr trsi and state of Morfik, more paHlerrWsly described as jotlous: Leta one (1) ant fern (4), Flo* Few (4) In W�15 h»IM to ft: lean at sap*er;. .sau�ltsy!. . pa t tbwvot lsewiw is the ettlsa of Ow tafa* et tti Clsaalt overt of pww saw& ams sisriht►. I i f s Togetber with ail the teceenetntt, hereditements and apprrrtemea res. with j Wary pxwefe, dtAt, title,,]Furca and state,dower and rijht oi/dower,m esfalorr, t re rider and eassnrerrt thereto beto #x# or In anyadse appertptnitf, TO Have ii d ZO H*M the some is fee simpte forever. j In WitnM the,mad parr of the Jlrst part has hereunto i set %W hand and se4 the day and year abots rcritten, f+Jiyaai,seam ani DeRvowi to Ow,boom: l 00, I DEE# 7M tw1(12 o 1 M CORM not on this no daft of UPM&S d. D. Ilii , befdte MISS Pffonuy Appeared ill► Y�'� to me kxMM to be the pwom described ten and arho eseeuted the forefdn f con- bdjl nee to TO so 9M sat was aM'CE not k1s Wifte and sevoralsy aekuouied fed the esecution thereof to be ber free set and deed for the ares and purposes tkere(+s nnendowei;AV the seed the wife of the said on rate and p4 aate MWninmtion tmken and made by and before me, and' sopamtmly and apart Pam her said husband,did aekewasd fe that she made horti4f a party to the. meld Used of Converse" for tAe purpose of renouhelri¢, rounquishinj and sow. � vgg1af all her rifht, tills and (interest, whether of dower or of separato-`Vrvperty, statutory or egaulohle,is Brut to the lands thereita described,and that she sweated said deed lha*and tatuxtway, and without any constraint, fear, apprehension M nr eompptsim of or fim her mmW Awband, Wffr�my mWe"ire mud ojtaW seas at cert hIa mai In the Coungr of ran •a w& and State of Plotids, the day and year but aforesaid. 414, Ilk qb fin •K':'' •'+,�`. i 1 � i f' a F L i 48 'MMA BMWTi, J+ln bst hpa6mmdo ICOR d* wrdagm - of�r Carsgr N P#11�- itch Aw dtrti+f Ilorida JMAGS MtheOld' Gumd T. �. ffitd'� azl 11�IG1F [� VMS his vi1'e M the C0414 of PAU BOX& _ aid Stmt 0 na rids pot is of dw saoed prt.VjbllWfi,9W go arm tot 103 o/the pw pad. for and in WniUMMUCA of dw sam of -,Ten + -d'r - � s +. � � r • • + ' + ._ �t�ettara.tb t2]fs th hraw!priteG lhs.1'l+tad�t Mf� 'lra � tY tedr bgrpat sold aid tejwfatee4 seed itr am rYxab do -- YpwK bgrpaea, sett and ,aWer unto the mz6d part Sss rrj lh+r-&vwW post dnd their •eLs and r dom forever.all that arrtdn prcel of Id tp+[ry*a WW to the Caaatir of Pala S400hand State of Florida .bU"ldWt(CUhwlu described di fogmw Letts Ow (1) and rmr .%'4) Mock Four (4) in At7BE1t'1 98 AMMON to the Tom of Z"ntoni- accCr+$ug to'a plat thereof racorded in Lhe offloa at tbo'Clerk of the Circuit Court of FaU Beach Co=tyg T"AS* This Ji a deed cor"CUMC that Ca7WA d**d $A + D"d Book 7839PlAKe 104,Pubiio Xecords of Pals learbMMA tdts�.`ats. the bn* tam=a etto tailed to Join his wiff*lp 1 dw Bartasttei 'ths *meutlon of the afore- � st►!,d dasd. tcd[h seri rac tea'w+tnrr.irrrs+diraarnts awd atprurwsnce.,ombk Aswr fiDdtV'e.r;0e• - filar d s Ift Ta—br- R't.3a,10-RIM�.aria, r end r�11t*1d+aa�,:rrvs.,=ea� _, fi mg 16 .e.same m I.,-a-pu leer. * - - i . t Um MW.part s +/tw pno h vet thair Awed s wW Asda tit r*40d OOW 400"MON& i{ SVO94- Nod emb 64W ik RAMN looft it IW. �r ` 4. Bpi , bm to ray oaf known and kno-m Av mit 40 he 0-infiaidSO 3 laniicd OW WA* w—dad the forgKNDW decd.and th*Y Wa hlrd then WW then before aw OW th Y emcated mW decd. known to Aw to be LA*wife of the$ad JXON t�. hAAtfST� on a.ep,ata and pimte dim.tab+rn RW nrde is the Obo"named SGda and C"Sty by ar.deaefars ma,ae elft [ ram.1W said Aa.►mat'dfd this dap mckjw lrsjA" me,an r��thntistd to tea+�ag enti of d.&,Mwtt skirt esecd d the/off s ` voluidsoVy and arithmd mm c,oaepaitlan, condr*W,.PPreA*nsfon or of or I^+a my hare!and 9ffi fel med this 6th 'd"r of " -` AugustA. . lily commimion C*P&e'e 7-19-s'l dw of ,A.1).19 %EToC, $ r=rn A. 1 2, . it� q 1- • �� t5� CSS °�' � •t: � � � �1 OU 211 � l� �. � Coe"Y (W ( ; &&W 00 Aig j* R ape;m opw d.4y*4UvAjQ in the Sate w C'�a+anty alfrs+ t to"0 arl� is Mj a weaae N i jai�Vojj" - $ BEST COP ,1 t f.:Ft 848 $ r 73 Ka 30 tB zs M T sg`�d rori`��x�.�'3m______� STM RVA17 Pe"m et"l - CtC14A)m F'rra�l -- 34 SPECIAL WARRANTY DEEP -311I5 )INVEMfiE frude this —..?AthL day of kstrzmbeP1 I).f98..2 between ^,V. e- Wray and, ?'uua postop 1{reg -. .t 4- - FS PaMISlJ&__of The t st p:ft and the SPATE OF FLORID,&, fm the tato and arm d do fide Ltelld I3c�nt of Florida,as Party of the s000ad ,put. WITNESSETH.'Ilett the said par-i.¢E._of dic first pat for and in coowderatten cf tue stet of q One Dollar and other valuable eoasidecati,ns,paid,receipt of wbkh is hereby aclmowiedged,de— 1 hereby grant bargain,sell,and coovey unto fhe party of the second part,lis suooesaws and auai®oe tbn } following descn'bed land,situate, lying and being in the County of Felts Fietoh Stair of Florida: kHwit- The Zaat 35 Tact of Lata 1 sold 4, Block 4 of Robert Addit3oa to TQ%m of I Boynton, accrrtdiug to tho plat thereof es recorded in Plat book X at pop f 9 of the Public Recowds of Palm Saaab Go=tys Florida; lyiag is Seotua M. Towzebip 45 South, Range 43 East; contr-Sting 0.08 of an +acres ame or FLOR AA STATE ARAM 4MSTNIM � DDCUMMAat SrAVS DIVISION 9f INKS 6f WAY � F[QfRA! JUL 18 1,960 4*a car*= ev STATEoFFLORIDA ZZ DOCUMENTTpa ,-", STAMPTrA�X ?-, °'Y^ -.` :, ,•1 ✓ m � =MCi3ff�Zll�y 210 V� �•� ``, �lll1�..' _�s'�� 4 '�. dj G^MrTRCLLEF�� ! - y.p C?� ._.—... —_ .T._ _ -.— ._......_--.._. «...« l p 0 t + of l: . , f• S`S" BEST COP r e t lit[1 r TO F7AVE Aht] 1.O tit}f..i: ME SAME.togNtjrr with ail and smgu::r tire <r}Funm*naea thermn belonging or in sns-w•ise--arident of apprdoining,forever;and the part rt of the firit part will drferr3 tltr ti+le *hrrrt: against all pertont rSairn,ng by,tbrw,;Kt,, w u--icr the Wa f:.+-L— Of the feat tut. :N WITNESS 11';IERF,OF. Laid part-100V of the fiat part hada—herednto tet -ZhDJT hand-Jt_ and sraLt-.the date first above written Si 'ed, sealed *Ad delivered j rtI Lfi Of: � l (SM) (SEAT.) (SM) Ficralure nf 'f Wo wt nen,eF __• (SF:/sI.) retiu'rod above by Florida iaw STATE OF FLORIDA COUNT-Y OIC FAuI aEJ►CH Before me trsallX a ed and r� AY _ his wife,to me w•eli known and known to me to be the ludiOduals described in and who exmited the foregoing instrument and T acknowledged before me that they executed the same fu, the purpose., therein a pressed. WITNESS my band and official seal this _ 70th day of t uzzaber ,A.D. 1982 Notary public iu and for the R:. (Iq •i, � and State aforesaid. :.t S. � r V, t• '.Yatery'fyS'R.;St tr,. tte.g '{.. ldy Core r, _.. ., £ a:•...: °�' RacorUBd In Ottt bf Rt AVU Ban of Paim Beacri County,flerkM J. ALEX ARNETTE CLERK OF CIRCUIT COOPI a�C v- • 4 Jim 1 .1-01— tori tilti iass"dr , , 19521 between the mAn of nami, w oad ugemA "0 iris#ta+se of the lateraal Iftiovemt" ?=a, vert! at the fifty ow*s and V. it- WAY MA VA2OV =AM =ff v Itis mita, firth of 'lata 1leaah County, novida, parties of tip-) seeetetd part« mss, parsaattt to dies 9s motor 1V,2lf, tyre of notidlt, Astr of 1937; as psis a: she first P&AS oa harsh 23, 1'10, Sold to.Ui1l.leae A• ale" tt a bar*iasntr described lands is !AU Iftch oeat►tt, norida; sttM, i Mm"O' the •aid Yinsm A. Rion died testate OF& i ,dune 23, 2,90; �. IMmIM, tho part* of the ttrst part, not beta advised of the death of the said 11111100 A. Real, executed its palm Reek ownti Veld The M,-to the mdd VIUIM A. RIedl, on August 20, JW4# which deed was filed for-record In this orrice of the Clark of the Ciroait Court for P43X Beach County, norl.da, cn October 24* 19#x, and reeorded is Deed Boor 732, et page _"S, of the milia records of said county, al`± %vj%bst&na" the death or the 6"d 11l,lliar J6 Risdl aforseaid; and; It" ! firms 1-0"SV %bat th' a said iiiiii,w. ` a#dlo hic i0-1 =d teet mv whiob was 4UU protis -- t !, AWS"It Od his GUvat: to mitt Wim Cornelia hie41; who bl quit aja3st does transferred all hW right, title fit► interest I* and to tho hereinafter lands to t3ulda Bmrne"e; 1dW is tramst and ver ed the eooe to T, V. V"W 04 offloa Readms Way, hie ►its* the parties of flee phi Ul w0 arm still the owners of tido saw, mide SWNI IT iia "&t00% !off Smsm R 9i fhw%* 3OWe fdm ad rl=*U, A414 of 1937# titin fps SWIMM 180bi irAUAUW . the leads %AV*I sftor 400sebuok wets! In the ftoo at l3arldav 044•w allb im tits am* to mobwl,sad est a� pe+wed to saw, void 1AwAS ft4ilo fte mp steam at ass xaterawl Z---vsbast i"+aAd of go" s*wta= and, Y, titto to tM Iasds borlimsftor 40004184 Westod is the Eatd state sat pdetf of No first lWO Jamie by reeasx of tho falls of air oao to raAaam tax 040 eartifisata amebas 3718, of the Pala Death comV; tlorifts taxsal# of 1930,0 wMak aaewbft4d Lot 1, E1ooh .w, ft%w% dAditioR to Soto of boystaae am toot mal* eartifioato s�rMrer 43..f16, of the taix soma Cotey, f';orida, tax rale of 19", iehioh aws aft-ol.that part of M* of a* oast of ralwar in . Section 21, fowmftp Soath, Nage 43 Zu*, alitsh aorttfi- eatoa Were more "am "m Yams 014 on the effeotite data of said Ahapt or 2B.-0 end, Vii, SA strut oaaa with doatios 9, chapter 13,196, IArs of Florida, Asia of 1937. Wad purvamt to notice giYom bf ptohlioaUgs iA osessdanae with the rordrosmata of S"d lair the abwwe lends rrrarr" to oid M0068rat IW the . abase doamri tax "I* oorti►fiaatoa Vero. aA Yarob 23; mad bites wave resolved and the bid of Vlliaa A. xiodlt In the aaonet haroimftar sat.-forth, me fotffid %* ba tba sioart and bast bid tifatefor and the maid hada To" std an to blim to aesaderatiom of hie "&& U46 belt,. tlr�ro#ara� fM Vii, net the state of neft4as IjW sad throes Wbo Trawle 1► at t4a Utoimal tam• arae ft" of ,rel! tfiti,-i s "PLP .o"si"W• Vita dadtaem • k 1 +Mit - , IRIr1li� L7ass il. i' ! �s ftr 424 W esMl a" +�1es sf its: an et { .Ny _!It it Is hssii DO". 1� D1131aM� a.•non (mv.MiMrMy* to ls~ Be Mdti It h tiS aolatoul+ bm vW464. MR' OD24 ani til► tateN esaats ii fit► W"W". Om awi sswwor is T. �• =a aid Umax Mao his rife (as ftoossss" in } • Incerast to V1211M A. Riga es sfsVo U),, thslt lrslrs, soseessere an& mulgi s toeetmoo tis tell" MsIibsll land, situate,-dries Baa bouts in !alar sesta Heal, Tiaftia. is wits Let I, deet 4 IMIMt Miss` to few of Sswton, F3,er1&4 %*ft - nat pant of me of fate In 50e61" 21, Temsdav Id 20104 by situ TO SAwi AIM TO WLD the ab v* teseribst aaa Wanted pro■risea unto the Bald !. i. tom? well XAMM tiA01.s1 MY, his rife, and their helrai eaeooesors 'and assiVu. in tee Simple forever. n a !3!!S'x1lDlii Vw Trustses-of tLe Isteraal ' improvement PUPA or MIG State'Of florhis, bovs oto. CMb- seribtd their nswss and thr-QMetal seal of the said Crus. Looe, snl haw* e=Sed the seal of the wont of -&grsoui.- taro of the Stats of Flori+l+t to be hereto wtfizeA, at the r. ?7 the Wit+ Of TollOffot", the dao and leer Governer -• i l MRAL) Q. I7'�lM .I. ti'tiadcespirolaer w cr z. ism.? W.4"M sere teaw't Seca s. n , ....r,w+e,.r y.,a.W tt.,M •w n s...(war+" 1�� TN,S INST k{ WAyS'MW"40 tet �j� L 'MARL)L) d W15 Attorney 9t LS- WS s IDrK buy riAr P LLM PMH IRA 319110 arw.7 i�f f::«w«! rAa L dear of Apr L 1 t3 190 by `,'INCP.NT M. WRAP, ,t single man hntparty.la MARION D. wRAY O .oho«,postofftea add,«,u 611 N.E:. 7th AVWffue. Boynton Beach, Florida, e.,r,nd party .wh-......r err,..r a weis.w k That the sold foil party.far and in oanoweration of the sun,of f 10.00 I. rn hand t9ad by the Bald swo nd pasty. $ir rsoodlif-,hur.f L hereby "nowleAped.dont harsby remit", re' { Isaaa,and qu0-c4-unto dr wd«wend pwty jaw*,.wU elr night,tut*.intei«!.OWOR and deatand whtcb II the"id first party has M and N the Wjawlna deea46sd bt.pg"as pe cof of t*ed.Ntoake,lytreg.nd betty9 in the Case of palm Beach grace.1 Florida , Parcel 1: _ I Loi 22, Block 1, Boynton Place, it subdivision in the City of u2 Boynton beach, Florida, according to the plat thereof on file in off the Office of the Clerk of the Circuit Court in and for Palm Beach "A td County, Florida, recorded in Plat soak 11, page 40. gy Parcel 2: Lots 1 and 4. Block 4, ROBERT ADDITION, less the East 35 feet thereof, a subdivision in the City of Boynton Reach, Florida, ac- cording to the plat thereof on file in the office of the Clerk of a the Circuit Court in and for Palm Beach County, Florida, recorded uin Plat Book 1, page 51. TOGETHER with all furnishings, fixtures and furniture con- "—taingd therein. This is to confirm the Deed recorded in Officiai it 6 i Record Book 1794, page 224, Palm Beach County, Florida public records. lt9 �A rI Vi g wmd To %a ad t0 *W the sane together with all and Singular t6 appurtenaneso thereunto helonging or In anywi"-appertaining, and all thi @stat., right, allc interest,lion,•quay and'clalnt what-, \ sopr.er of the Satd first ase. benefit and party,dtlter in low or egWty, to the only proper behoof of 1h.Said second party forever. l � �` tM I �a iii Wjil"fr The Said first party has signed and Salsa these presents the day and year flnt above written. S10n4 Sealed and dolt in presence of: _. ..__ .... .. . .tet-... ....... ..........� f: STATL OF FLORIDA. t:avxry OF PALM BEACH f t xt itzlY clvnry the,an thu dey,hefa, me,an daty authwised in 01 r lute afoesrid«-d in tht Couety Yforerid to take Aeineyrkdaeaonu, pnaoaally epp-,,,d I A• :q- VICENT M. WRAY .. •••jp!se k�a Go he tdr peewn dssntMd in and +dor ...d rM fn,"iae -w..% and he aekoan,`dlted � . _ -4cf4Ld`'�pat}he eeecated the nma. _"Po6 int band-mrd efiiclai said is the County end last .tor 0 t /G+.0 der of A. D 1970 wEtii,.1A�� NOtsary Public, State of Florida ` at Large My commission expires: lenrate is l a rte!a 7/ More.rnw -Y his Mns Osselt,tM. a`i.:zlt3tJQ i1GtIZ7f; cries ttetw c..t s �oy.sv SEP-09-1989 09:00AN 88--250353 This Instrument Prepared by ORB 5801 14 1250 and return to: FRED WEINSTEIN, ESQ. Con 35+t1"m.00 Doc ME 125 East Boynton Beach Blvd. JN B DUFIKLE+CLERK - PB COMM FL Boynton Beach, Florida 33435 (305) 732-8181 W A R R A N T Y D E E D This Indenture made this 7th day of September, 1988 BETWEEN MARION D. WRAY, a single woman, of 611 N.E. 7th Street, Boynton Beach, FL , GRANTOR*, and ROBERT M. ROWLAND and PATRICIA A. ROWLAND, his wife, of 629 West Drive, Delray Beach, FL 33445, GRANTEE*. WITNESS ETH: That said Grantor, for and in consideration of the sum of TEN AND 00/1001S ($10.00) Dollars and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of Palm Beach, State of Florida, to-wit: LATS 1 AND 4, LESS THE EAST 38 FEET THEREOF, BLOCK 4, ROBERT ADDITION TO THE TOWN OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal this day and year first above written. WITNES ES ION D. WRAY COUNTY OF PM,In OC a C H STATE OF 1'I-oAI004 I HEREBY CERTIFY that on this)T" day of SeP4*+6h 198y , before me, an officer duly qualified to take acknowledgements, personally appeared: MARION D. WRAY to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. , Notary Public My Commission Expires: =�Aw.144. AL „DTAEIN SIALof FIon4 , v,r*s 2y RECORD VERIFIED PALM BEACH COUNTY,FLA JOHN S.OUNKLE CLERK CIRCUIT COURT Prepared by and Return to: Lynda J Kramer seacrest Title Company 900 W. Linton Blvd. 1102 Delray Beach, FL 33444 a(, �j Zr38 File No. 7412 urr, �{3 fig iQ f i1R111111 11111111 1 11 1 all V'Uii '00 rr _ r O4f u!.il�.ilL7 L�Ut �JL.its 0C;;_1 M 1H. WIljjr,i�3 %1LR(\ PB COUNTY, FL W A R RAR T Y D E E D (Statutory Form - Sec 689 02 F S ) THIS INDENTURE, made this the )44h day of FCh(wnyk ,Xft, between ROBERT M. ROWLAND AND PATRICIA A. ROWLAND, HIS WIFE, whose mailing address is: 629 WEST DRIVE, DELRAY BEACH, FLORIDA 33445 (Social Security No. _ iC3 s$ C• is and rL04 1.23(011 respectively), Grantor*; TO: JAMES R. HUDSON (Social Security No. 154.46 15x3 ), _whose mailing address is: 31D5 0. FQjj..,1 �.�,�lu.¢ ,City of State ofF� 35q; 'Grantee*. WITNESSETH, that said Grantor, for and in consideration of the sum of TEN AND 00/100 ($10.00) DOLLARS, and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach Covnty, Florida, to-wit: Lots 1 and 4, less the East 38 feet thereof, Block 4, of ROBERT ADDITION TO THE TOWN OF BOYNTON BEACH, according to the Plat thereof, as recorded in Plat Book 1, Page 51, of the Public Records of Palm Beach County, Florida. Property control 4 08-43- -0010 SUBJECT TO the above described Declaration of Condominium, including all amendments, exhibits and attachments thereto, which the Grantee agrees to observe and perform, including but not limited to the payment of assessments thereunder. SUBJECT TO restrictions, reservations and easements of record, if any; taxes subsequent to the year 199 and all valid zoning ordinances. AND said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *"Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our prepence: (2 differ t w1) 7 s please) SIGN: C (2,_ type/print• A A�5 ROBERT M. D WITNESS t p i t: l F, ATRICIA A. ROWLAND WITNESS . State of FLORIDA I� County of PALM BEACH The tfforegoing instrument was acknowledged before me .this the 4�day t-r Of 17YU:<<9,1�t�(c. by ROBERT M. ROWLAND AND PATRICIA A. ROWLAND, HIS WIFE, (who is personally known to me) or (who has,/have produced as identification) nd 3 did not take an oath. ' raygN►e ,� Notary u T DN0,A02&1W Type/P in � o� baa€Gt1Sr. ° i°3AnNt°'"4t�°idi'°" My Commission Expires: (SEAL) Apr-09-1999 22:441 99--145757 13RD 1 104 1 PR 1498 1�llllilili�IQ1v18W11�111�i111111fftii�l� IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUN Y,FLORIDA IN RE: THE MARRIAGE OF l JAMES R. HUDSON, Husban&Petitioner, and ; RITA D.HUDSON, cn Wife(Respondent. ='` 71 FINAL JUDGMENT FOR DISSOLUTION OF MARRIAGE ' c THIS CASE came on to be heard before this Honorable Court on the 6th day of April, 1999,upon verified Petition for Dissolution of Marriage filed herein by the Husband/Petitioner, JAMES R. HUDSON,who was present and represented by counsel,and the Court having reviewed the file and having heard testimony and the cvidence submitted,finds that the Court has jurisdiction over the parties and the subject matter hereto,it is thereupon, ORDERED AND ADJUDGED AS FOLLOWS: 1. Dissolution of Marrialae: The bonds of marriage between the Husband/Petitioner, JAMES M HUDSON, and the Wife/Respondent, RITA D. HUDSON,are irretrievably broken and bcreby dissolved. DONE AND ORDERED in Chambers at West Palm Beach,Pahn Beach County, Florida,this 6th day of April, 1999. CIRCUi DGE Copies furnished to: ' 1 ORB 1 1041 Pg 1.499 DDROTMI N. WILIOt CLERK PB CWWY, FL Robert A. Feldman, Esquire, Attorney for Petitioner,2101 West Commercial Blvd.,Suite 5400, Fort Lauderdale, Florida 33309 Rita D. Hudson, 709 Juniper Drive, North Palm Beach, Florida 33408 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA Case No.: 50201 ODR00585OXXXXSB JAMES R HUDSON, o Petitioner, oyZ C, _ Ts'3TJ L • � and ��- ; EARLENE K HUDSON, C C*') Respondent. r,e� 3 a FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH F-"70 � NO PROPERTY OR DEPENDENT OR MINOR CHILD(REN)(UNCONTEST )�` This cause came before this Court for a hearing on a Petition for Dissolution of Marriage.The Court, having reviewed the file and heard the testimony, makes these findings of fact and reaches these conclusions of law: I. The Court has jurisdiction over the subject matter and the parties. 2. At least one party has been a resident of the State of Florida for more than 6 months immediately before filing the Petition for Dissolution of Marriage. 3. The parties have no minor or dependent children in common, and the wife is not pregnant. 4. The marriage between the parties is irretrievably broken. Therefore, the marriage between the parties is dissolved, and the parties are restored to the status of being single. 5. There is no marital property or marital debts to divide,as the parties have previously divided all of their personal property. Therefore,each is awarded the personal property he or she presently has in his or her possession. Each party shall be responsible for any debts in his or her own name. 6. ( )yes( ) no The wife's former name of is restored. 7. The Court reserves jurisdiction to enforce this judgment. ORDERED on this 30th day of JULY,2010, in Palm Beach County,Florida. CA.) 13,J4, W OJ J E MARTIN H. COLIN'' C UIT JUDGE COPIES TO: JAMES R HUDSON , 522 N.E. 5TH AV BOYNTON BEACH,FL 33435 EARLENE K HUDSON , 2055 TIGRIS DRIVE EAST WEST PALM BEACH,FL 33411 Florida Supreme Court Approved Family Law Fomi 12.990(b)(3),Final Judgment of Dissolution of Marriage with No Property or Minor Child(ren)(Uncontested)(9/00) CFN 20100292900, OR BK 23997 PG 74,RECORDED 08/09/2010 15:43:44 Sharon R. Bock,CLERK & COMPTROLLER, Palm Beach County, NUM OF PAGES 1 CFN 20130142667 OR BK 25904 PG 1676 Prepared by return to: RECORDED 03/27/2013 17:05:48 George W.Mathews,III Pala Beach County, Florida Vice President AMT 200,000.00 First Priority Title Company Doc Stamp 1,490.00 1325 South Congress Avenue Suite 104 Sharon R. Bock,CLERK b COMP'TROUM Boynton Beach,FL 33426 Pga 1678 - 1679; (2pgs) 561-738-1370 File Number: 12-1103-NC Will Call No.: 13MP Parcel Identification No.08.43-45-21-26-004-0010 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM.SECTION 689.02,F.S.) This Indenture made this 12th day of March,2013 between James R.Hudson,a single man whose post office address is 3921 W. Cherry St.,Tampa,FL 33607 of the County of Hillsborough,State of Florida, grantor*,and FBDC,LLC,a Florida Limted Liability Company whose post office address is 4220 75th street West, Bradenton, FL 34209 of the County of Manatee,State of Florida,grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate,lying and being in Palm Beach County,Florida,to-wit: Parcel 1: Lots 1 and 4,Less the East 35 feet thereof,Block 4,ROBERT ADDITION TO TOWN OF BOYNTON,according to the plat thereof,as recorded in Plat Book 1,Page 51,of the Public Records of Palm Beach County,Florida. Parcel 2: The East 34.5 feet of Lot 2 and the East 32 feet of the North 25 feet of Lot 3, Block 4, ROBERT ADDITION TO TOWN OF BOYNTON,according to the plat thereof,as recorded in Plat Book 1,Page 51,of the Public Records of Palm Beach County,Florida. and said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. *"Grantor"and"Grantee"are used for singular or plural,as context requires. DoubleTimee Book25904/Page1678 Page 1 of 2 In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: (Seal) Witne Name: -RM9 1out fND27- J es R.Hudson . Witney ame: Gear S State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this k3th day of March, 2013 by James R. Hudson, who [_]is personally known or[X]has produced a driver's license as identification. [Notary Seal] Notary Pu _ Y Ilk"R GEORGE W.MATHEWS III Printed Name: MY COMMISSION N EE 118746 EXPIRES:December 5,2015 DondedThruNoSeryPublic Undenvriters My Commission Expires: Warranty Deed(Statutory Form)-Page 2 DoubleTlme® Book25904/Pagel679 Page 2 of 2 &aueb4 q00 W. l_i ohn W'or) � q/1 —i"—1 f?_ 0 a i=^.Iii 7 6—t..tP 1=•-�'a"s-L3 tt 33� V 3 milli a i I 1 hill INN Nis • L.tom, �_iT i 600,i:I! Dow— T13 o- 15 I n,f 1 L T a i_I [Span Alam This Liao For Dabl MORTGAGE THIS MORTGAGE ("Security Instrument") is given on .............. 19 . ....... . The mortgagor is .JAMES„R..•HUDSON...............................:..............:..................................... ......I........ (. Borrower"f. This Security Instrument is given to JR.QURT,X.,............. ROWLAND•.A1ND,_PATR=CZA.A.,,ROWLAIJD_.•._ ................. . which is organized and existing under.he laws of State_of„Florida• ....:_.. and whose address is .629„WEST, DRIVE....._..... i)E;LRAY BEACH, FL 33445 ("Lender"). ... ... ... ................ .Borrower owes Lender the principal sum of .sixty Four,Thousand„Six Hundred,and,•OOf 100--------,.. .... .... . . . ------ ---'--. Dollars (U.S. S ''**..64,600.00 ). This debt is evidenced by Borrower's note dated the sante date as this Securitv Instrument{"Nat"). which provides for monthly payments, with the full debt, if not paid earlier. due and payable on .. _ ... ... A .......................................................... . This Security Instrument secures to lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note: (h)the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument.and(c)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 lender the follow- ing described property located in ...................................................................................... County, Florida: LOTS 1 AND 4 LESS THE EAST 38 FEET THEREOF BLOCK 4, OF ROBERT ADDITION TO THE TOWN OF BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 51, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. which has the address of 611.t.X....7.Ti.STREET................................... . .8OXts.TOVIRRACH.................. . , Istrestl ICiryi Florida ...................................... ("Property Address"), 12,P fmkl TOGETHER WITH all the improvements now or hereafter erected on the property.and all easements,appurtenances, and fixtures now or hereafter a pan 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 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. 7111S 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. R.ft1RIDA—Sinpk Far*—fmll NaWr it tt till[011`01[M INMUMM Flinn" IM (pant 1 of 6 pages) J LC f X1.} I r- 1078 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shalt promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Now is paid in full, a sum("Funds").for: (a)yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property;(b)yearly leasehold payments or ground tents on the Property, if any; (c)yearly hazard or property insurance premiums; (d)yearly flood insurance premiums, if any;(e)yearly mortgage insurance premiums, if any;and(f)any sums payable by Borrower to Leader.in accordance with the provisions of paragraph 8,in lieu of the payment of mortgage insurance premiums. These items are called"Escrow Items."Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. if so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Leger may estimate the amount of Funds due on the basis of current data and riasonable 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 Leader is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Leader may 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 trmke,such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan,unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings ^L«the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give tis Borrower,without charge,an annr a1 accounting of the Funds,showing credits and debits to the Funds and the purpose for which each debit to the Funds was mace.The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by tender exceed the amounts permitted to be held by applicable law,Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing,and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Leader's sole discretion. Upon payment in full of all sum secured by this Security lAstruWnt, Lender shall promptly refund to Borrower any Funds held by Lender. If,tender paragraph 21.Lender shall acquire or sell the Property,Lender,prior to the acquisition or sale of the Property,shall apply any Furds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Llnless applicable law provides otherwise, all payments received by Lender under paragraph, I and 2 shall be applied: first,.to any prepayment charges due under the Note:second, to amounts payable under paragraph 2: third, to interest duce fourth. to principal due: and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges.,fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents, if any. Borrower shall pry these obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall pay them an time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of arnoums to be paid . tinder this paragraph.usorrower makes these payments directly.Borrower shall promptly furnish to Lender receipts evideacuM the payments. 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; (b)contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subor- dinating the lien to this Security Instrument. If Lender determines that any part of the Propcirty is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard or 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 "exttalded coverage"and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld.If Borrower fails to maintain coverage described above.Lender may, at Lender's option, obtain coverage to protect Lenders rights in the Property in accordance with paragraph 7. Form 3010 9l!0 fpage 2 >f 6 paRrs) FORE: 916-4 "q- 1079 All inwranoe policies and renewals shall be acceptable to Lender and shall include a standard nmrtgage clause.Lender shall'have the right to hold the policies and renewals.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.In the event of loss,Borrower shalt give prompt notice to the insurance carrier and tender. Lender nerdy make proof of loss if not made promptly by Burrower. Unless Leader and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of dot Property damaged, if'the restoration or repair is omonomically feasible and Leader's security is not leavened. If the resivaWon or repair is to econoinkally feasible or Lender's security would be lessened.the insurance proceeds shall be applied so the scans secured by this Security Instrument,whether or not then due.with any excess paid to Harrower.If Bonvwer ahaedtttts the Property,or does not ar rwer within 30 days a notice from Lender that the insurance carrier has offend to settle a claim.then Lender may collect the insurance proceeds.Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument.whether or not then due.The 30-day period will begin when the notice is given. Unless tender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If ander paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, P1,eservation, Maintenance and Protection of the Property; Borrower's Loan Application; Lendtotds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty 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 consem shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control.Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property.Borrower Shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest.Borrower shall also be in default if Borrower,during the loan aFplication process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loam evidenced by the Note;including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence.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. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then lelider may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Leader's actions tiny kiclude paying any sums secured by a lien which has priority over this Security Instrument,appearing in taut. prying reasonable attorneys' fees and entering on the Property to make repairs. Although Leader may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable.with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insuriince. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any rtxwn,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,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 approved by Lender.If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each mouth a stem equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed of ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer.be required,at the option of Lender. if mortgage insurance coverage(in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect. or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. Fans 3010 IM dpuRe 3 of 6 pages) 1614 F.-, 10 8 0 9. Inspection. Lender or its agent may make rrdsonable entries upon and inspections of the Property.Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property.the proouAs shall be applied to the sutras secured by this Security lnstivinent. whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the tatting is equal to or greater than the amount of the surra secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by.the amount of the multiplied .n fraction: (a)the tool amount of the sums secured immediate) before the taking,divided W following Y g by(b)the fair market value of the Property immediately before the taking. Any balance shall be paid-to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured im- mediately before the taking.,unless Borrower and Leader otherwise agree in writing or unless applicable law otherwise pro- vides.the 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 condemnor offers to make an award or 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 proceeds,at its option. either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend ount or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amof such payments. 1l. Bomwer Not Released; Forbaranee 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 any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify&MOMaation of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Leader in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound;Joint and Several Liability;Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Leader and Borrower,subject to the provisions of paragraph 17.Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note:(a)is co-signing this Security Inistrument only to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)is not personalty obligated to pay the sums secured by this Security Instrument;and(c)agrees that.Lender and any other Borrower tray agree to extend,modify. forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument 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.Leader 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 my prepayment charge under the Nae. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it er by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any,notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located.In the event that any provision or clause of this Security Initrumcnt 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. To this and the provisions of this Security Instrument and the NM are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Trantsfer of the Property or a Beneficial Interest in Borrower. if all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural Form 3010 90 (page 4 of 6 pages) person)without Lender's prior written consent. Lender may. at its option, require immediate payment in full of all sums sect red by this Security Ir strunrlent.However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lander 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 delivered or mailed within which Borrower mast 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. 18. Borrower's Right to Reinstate. If Borrower netts certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a)S days (or such other period as applicable law may specify for remstawment)before sale of the Property pursuant to any power of sale contained'in this Security Instrument; or (b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)psys Lender all sums which then would be due udder this Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements.(e)pays all expenses incurred in enforcing this Security Insuument. including, but not limited to, reasonable attorneys' fees; and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument. Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security In- strument and the 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 paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security• Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a'change in the entity (known as the "Loan Servicer")that collects monthly payments due tinder the Note and this Security Instrument. There also may 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 in accordance with paragraph 14 above and applicable law. The notice will state the dame and address of the new Loan Servicer and the address to which payments should be tirade. The notice will also contain any other information required by applicable law. 10. Hazardous Substances. Borrower shall not cause or permit the presence, ttse, disposal.storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of any investigation,claim,demand, lawsuit or other action by any governmental nr regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority.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. As used in this paragraph 20. "Haiardous Substances"are tho.w substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides. volatile solvents. materials containing ashestos or formaldehyde. and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws rif the jurisdiction where the Property is located that relate to health.'safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. 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 paragraph 17 unlem 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 pro- ceeding 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 l roceedigg.Ltrader shall be entitled to collect an expenses incurred in pursuing the remedies provided in dds parspgh 21, ineluding, but "'limited to, reasonable attorneys' las and costa of title evidence. 22. Rehme. Upon payment of all sums secured by this Security Instrument. Lender shall release this Security Instrument without charge to Borrower. borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Inm ument and the Note,"attorneys'fees"shall include any attorneys' fees awarded by an appellate court. Fo m 3019 VAG tpage 5 of 6 pages) 0 16 T "T1 1' L in,1./!Hi. h, W N-_I t r?t� L-VQ!* �L 24. Riders to Ws Security Indmimd. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and suppkinew the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrumem. (Check applicable box(es)) ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 1-4 Family Rider ❑ Graduated Payment Rider ❑ Planned Unit Development Rider E] Biweekly Payment Rider ❑ Balloon Rider ❑ Rate Improvement Rider ❑ Second Home Rider 0 Other(s) [specify) BY SIGNING BELOW.Borrower accepts and agrees toklerms and covenants contained in ibis Security Instrument Juld inrider(s)executed by Borrower and recorded wit! it. Signed* ed liv in the presence of: env ........ .. . ...... .......... .......... .(seal) - Borrower Social Security Number.. (Z45 ........ ... ...................................................................... —Borrower Social Security Number............... (Spas Idw This Use For AckerMeilpseel) STATE OF FLORIDA: COUNTY OF PALM BEACH: The foregoing instrument was acknowledged before me this the 29th day of February, 1996, by JAMES R. HUDSON, who has produced a dr.i.ver's license and who did not take an oath. Notafy Publife I -of. spou now law.4" J� -ft: ird JL LYNDA I. KRAMP.R No.CC 391042 BMW T)a Wfir W i*bfv renter Ferm 3010 9M /page 6 of 6 pages) CFN 20130142668 OR BK 25904 PG 1680 RECORDED 03/27/2013 17:05:48 Palm Beach County, Florida Prepared by and return to: AMT 200,000-00 George W.Mathews,III Deed Doc 700.00 Vice President Intang 400.00 First Priority Title Company Sharon R. Hock,CLERK 3 COMPTROLLER 1325 South Congress Avenue Suite 104 Pgs 1680 - 1684; (5pgs) Boynton Beach,FL 33426 561-738-1370 File Number: 12-1103-NC Will Call No.: 13MP [Space Above This Line For Recording Data] MORTGAGE This Indenture,Made this March 12,2013 by and between FBDC,LLC,a Florida Limted Liability Company whose address is 4220 75th street West,Bradenton,FL 34209, hereinafter called the Mortgagor,and James R.Hudson,a single man whose address is 3921 W.Cherry St.,Tampa,FL 33607,hereinafter called the Mortgagee: The terms "Mortgagor"and"Mortgagee"shall include heirs,personal representatives,successors,legal representatives and assigns, and shall denote the singular and/or the plural,and the masculine and/or the feminine and natural and/or artificial persons,whenever and wherever the context so admits or requires. Witnesseth,that the said Mortgagor,for and in consideration of the aggregate sum named in the promissory note,a copy of which is attached hereto and made a part hereof,the receipt of which is hereby acknowledged,does grant,bargain and sell to the said Mortgagee,his successors and assigns, in fee simple,the following described land,situate, lying and being in Palm Beach County,Florida,to-wit: Parcel 1: Lots 1 and 4,Less the East 35 feet thereof,Block 4,ROBERT ADDITION TO TOWN OF BOYNTON,according to the plat thereof,as recorded in Plat Book 1,Page 51,of the Public Records of Palm Beach County,Florida. Parcel 2: The East 34.5 feet of Lot 2 and the East 32 feet of the North 25 feet of Lot 3, Block 4, ROBERT ADDITION TO TOWN OF BOYNTON,according to the plat thereof,as recorded in Plat Book 1,Page 51,of the Public Records of Palm Beach County,Florida. And the said Mortgagor does hereby fully warrant the title to said land,and will defend the same against the lawful claims of all persons whomsoever(subject to the terms of the Promissory Note). Provided always, that if said Mortgagor,his successors or assigns, shall pay unto the said Mortgagee,his successors or assigns, that certain promissory note, of even date herewith in the original principal amount of Two Hundred Thousand Dollars($200,000.00)in accordance with the terms therein provided,and by reference being made a part hereof to the same extent as though set out in full herein, and Mortgagor shall perform, comply with and abide by each and every stipulation, agreement, condition and covenant of said promissory note and of this mortgage, and shall duly pay all taxes, all insurance premiums reasonably required, all costs and expenses including reasonable attorneys fees that Mortgagee may incur in collecting money secured by this mortgage,and also in enforcing this mortgage by suit or otherwise,then this mortgage and the estate hereby created shall cease and be null and void. Mortgagor hereby covenants and agrees: I. To pay the principal and interest and other sums of money payable by virtue of said promissory note and this mortgage, or either,promptly on the days respectively the same severally come due. Ini' ubleTime® Book25904IPage1680 Page 1 of 5 2. To keep the buildings now or hereafter on the land insured for fire and extended coverage in a sum at least equal to the amount owed on the above described promissory note,and name the Mortgagee as loss payees,and to furnish Mortgagee with a copy of all current policies. If Mortgagor does not provide Mortgagee with copies of the policies showing Mortgagee as loss payees after 15 days written demand by Mortgagee,then Mortgagee may purchase such insurance and shall add any payments made for such policy to the principal balance owed on the mortgage, and such payments shall accrue interest at the maximum rate of interest allowed by law. In the event any sum of money becomes payable under such policy, Mortgagee, his legal representatives or assigns, shall have the option to receive and apply the same on account of the indebtedness hereby secured or to permit Mortgagor to receive and use it or any part thereof for repair or replacement, without hereby waiving or impairing any equity, lien or right under or by virtue of this mortgage. In the event of loss Mortgagor shall give immediate notice to Mortgagee. 3. To permit,commit or suffer no Waste,impairment or deterioration of the property,or any part thereof. 4. To permit no other lien or mortgage to be placed ahead of this mortgage. 5. Mortgagor shall provide proof of payment of annual real estate taxes by March 15,for the preceding years taxes. In the event that Mortgagor does not pay the taxes by such date, the Mortgagee may pay the taxes and the full amount of such payment by Mortgagee shall be added to the principal balance owed on the mortgage, and shall accrue interest at the maximum rate allowed by law. 6. The Mortgagee may,at any time pending a suit upon this mortgage,apply to the court having jurisdiction thereof for the appointment of a receiver, and such court shall forthwith appoint a receiver, and such receiver shall have all the broad and effective functions and powers in anywise entrusted by a court to a receiver,and such appointment shall be made by such court as an admitted equity and a matter of absolute right to said Mortgagee.The rents,profits, income, issues,and revenues shall be applied by such receiver according to the lien of this mortgage. 7. If any of the sums of money due and owing to Mortgagee under the terms of the promissory note and this mortgage, including but not limited to any advance made by Mortgagee for the payment of insurance or taxes,are not paid within 15 days after the same become due and payable, or if each of the stipulations,agreements,conditions and covenants of the promissory note and this mortgage,or either, are not fully performed or complied with the aggregate sum owed on the promissory note shall become due and payable forthwith or thereafter at the option of Mortgagee, his successors, legal representatives,or assigns. This mortgage and the note hereby secured shall be construed and enforced according to the laws of the State of Florida. The principal sum secured hereby,along with any interest to be paid in accordance with the terms of the note secured hereby, shall immediately become due and payable without notice, if a transfer of title to the premises by sale or otherwise is made without the Mortgagee's written consent, while this mortgage remains a lien thereon, at the option of Mortgagee, his successors,legal representatives,or assigns. Executed at Palm Beach County,Florida on the date written above. Signed,sealed and delivered in the presence of: FBDC,LLC _ By: Witne, Nam . S' F rNf 6 me>H anaging Member fitness Na Cur c4, (Corporate Seal) Florida Mortgage(Seller)-Page 2 DoubleTime® Book25904/Page1681 Page 2 of 5 t � State of Florida County of Palm Beach 12 The foregoing instrument was acknowledged before me this 1-3 —day of March, 2013 by James Hall, Managing Member of FBDC,LLC, on behalf of the company. He/she L] is personally known to me or [X]has produced a driver's license as identification. [Notary Seal] jPrmted spa.a.M�apcPcr:;n;;:Ja.;nNmu1papuoBeit`...j;,. ionExpires: C,402 3:IU1dX3 91Q014 1",s"•101SSIWWQS AN li; N13N.iy1^t'1N 3OU039 Kill GEORGE w.fdATHEWS III }' MY I0N#EE 119746 EXPIRES: amber 5,2015 dd fd Bonded Thru Nota y Public Unde w iters Florida Mortgage(Seller)-Page 3 DoubleTimee Book25904/Pagel682 Page 3 of 5 PROMISSORY NOTE $200,000.00 March 12, 2013 On or before April 1, 2018, for value received, the undersigned promises to pay to the order of James R. Hudson at 3921 W. Cherry Street,Tampa,FL 33607,or at such other place as the payee shall designate in writing, the principal sum of Two Hundred Thousand Dollars ($200,000.00), together with interest from date on the unpaid balance at the rate of six percent (6.0/0)per annum, until paid, in monthly installments of One Thousand Five Hundred Dollars ($1,500.00)commencing on the 1"day of May,2013,and on the I st day of each and every month thereafter thru the payment due April 1,2014. Payments shall be due in monthly installments of Two Thousand Dollars($2,000.00)commencing on the I"day of May, 2014, and on the I"day of each and every month thereafter until April 1,2018,when all outstanding principal and interest shall be due and payable. All payments made hereunder shall first be applied to the payment of accrued interest and the balance thereof shall then be applied toward the payment of the unpaid principal. The parties recognize that there are three mortgages of record against the property for which satisfactions have not been filed of record. These mortgages are in favor of Robert M. Rowland and Patricia A. Rowland and recorded in Official Record Book 9164, Page 1077; in favor of Fred E. Aldrich and recorded in Official Record Book 9233, Page 1262;and in favor of Advanta National Bank USA and recorded in Official Record Book 9538, Page 1778, all of the Public Records of Palm Beach County, Florida. The parties further recognize that there are two Code Enforcement Liens filed against the property which are recorded in Official Record Book 9641,Page 1714 and Official Record Book 9641, Page 1717,both of the Public Records of Palm Beach County,Florida. James R.Hudson SHALL NOT be responsible for resolving these code matters NOR shall he be responsible for any financial obligations in connection therewith. And the parties also recognize that the legal description in the deed into James R.Hudson left out the East 3 feet of the property. Maker shall have no responsibility to cure this defect. The makers and endorsers of this note further waive demand,notice of nonpayment and protest and agree in case suit shall be brought for the collection hereof or the same has to be collected upon demand of an attorney to pay reasonable attorney's fees for making such collection. If the Note Holder has not received the full amount of any monthly payment by the end of fifteen(15)calendar days after the date it is due,there will be a late charge to the Note Holder. The amount of the charge will be Seventy Five Dollars ($75.00). This note may be satisfied and discharged without penalty prior to maturity. Book25904/Pagel683 Page 4 of 5 This note is due and payable upon the sale of the property upon which a mortgage has been placed to secure this indebtedness known as 521 N. Federal Highway and 522 N.E. 5`h Avenue, Boynton Beach, FL 33435. After maturity or default, this Note shall bear interest at the highest rate permitted under then applicable law, provided, however, in the event there is no such highest rate applicable, or in the event such highest rate is otherwise indeterminable,the parties agree that the applicable rate shall be 18% per annum, provided further, however, that in no event shall such rate exceed the highest rate permissible under the applicable law. FBDC, LLC, a Florida limited liability company B ames H 11,11, anaging Member Makers address: 4220 75" Street West Bradenton, FL 34209 Book25904/Pagel684 Page 5 of 5 I � RIp�[ I rr�ify to o, e a I 1 U!�'CCUg I C ryr � U a I 1 jI ,pmp ner,! 6u/�nnd I � I 1 e p I � c'rc'in r� r/ � deG✓c.: e'•.:..' - y..'aat,gyp fit-a'Fa Ps N.r g9loe yp,cpa J<a ••STrL in. m C,40 LN kO2 -:FO 'NAA,(D_ I +art �o 732 P"545 ' MRMn Air A//��}rTYRfI t'i41s ftf9sVi7 VVYf•f.► !I) 7r';M4t1♦ �3��a� b tie Wl� 9i �taal9as h UW fWft t1 tM 'iy9iM+t' of ass Intssnl IMPreMmmt FUM to Of UW my of —BGPLt=-- CONZW of FinridA WrtwMagm: Wp3gkgta,Vatder and by)3st*df the PrWt�Of }t M� sad� hy Md of 1M.at id a U*4P. tttriudtar UW h.=�a * sWe 01 u# ' jk:Ct t' M snlhorlsd w4 anvuwaied w rA mW Mast► UMOUsh tbO Tratstsss a'the Iat�sl sasbuar+meat ii sf LEtowfds.stsd Title to the WLOB h"WMal," desr.B nd wstrd to UM am"of flf*eby noon of tho f d=ro of Aar td faa.�. the hW*W*flrr d100fted t&Z c lS#tw wtlah wvly WOM Utas two 7aPra oid at tans UPW odd 1►tv beesroa et- testis.amid CarufSe"b4mg dsssztbed M tba fauffwtag' acrd alum; X31) Iilc. Date fSMtrtPtl4a �, TIM. 1W. Acris 6710 7/1/313 Lot 1, Block d, Hobert Addition to Toru of Boynton 43?16 8/7/33 'ThAt part of ait of SS; h21i tty 45 f3 (Ti) AND i�Ad,Ia 40`ot a�llsam with tlsotiaa t)of Cb' a Itt!#i,tan l Fla.on set+ sad L to vAum stoat by Ptd Trbda/ss of the Int""I fmprOvtmmt road, the State of 77niida,on the 7 0l 10-40,to the WXM tc ta]g BeaCh_ ,the i"refer==w b7 the rtrtiflcste ,M was offered for axle shd bids we" fted'ed, and the mW Tragtees sdludsed the tid-_ of to t2ae 8=0=t btn*Wftar tet farth to tw the hl;tst stsd bag b14 lot emb therefet,and awarded the sate of m1d lwttd to said bidder. Now, 3betef*m. KNOW ALL 1(i'.1'f BY T MRZ FRXSZ17M: 'It" the State of Florids b7 sad throash the Trinb of the internal TEWV+emrrat Farad of the Blau of Moride, to lo;:.: Fairs 119" With Beottoa Y of Chapter in". Iaws of Florida. AdA of Y077. for and to a mAdeMUua of the 4M41 rat of TweAty to it ih ta" Pr'.1 b7 '4411 401A a- RIGA" - _ --ce the tatty of—Boynton— CW04Y of atste of—F3 pP l�a the ree&W a! whim to hutD7 mkD0wiad9kL have taante& harpat ed aad Wd. sad by these PM=tx da pant, bwUta•go stall cmre7 tanto the"M 13ar7._ r.-Us. :actai5fi A" am.-&the f,+l"'i?C d=Tti;d Iaftf.stwee W--m.bd--- to the CO=17 of_ - ,State of Florida,and mor.» puUmi rly described as tallows: ts� Lot 1, Block 4, Robart addition to Town of Boynton That part of 5Ea of SEJ $ of Ry Bootlon 21 Township 45 South Range 43 Last r• ON 9 V 3 !3) '_�# �-8!< e�,�'.'��•-�` UJB!��., n _ j.��.t 1 a tttr eve 'lraeb'.ee �'� ®�s ins -+• - - 3a a _ s• e is �- ifs G:G�of t� I"ac:.°P.xl t�,;:•'4r'^S�'3t 'gAd� f�i SaBti7 c". Its7s her*'nfttp tlrtt� i rRcd ibe Mcul mW M the mw Tnastam,and bavv canted the WO of me Deptrt-went W ba) 2 ,tp am:.d•at the Cstatut,to the(CU7 o'fTaushma".. oo the-jC&.h of Aidw of Y-. �RSY a�.�i"L`_ 15 is j y e UO fwd ltltitftw-Z L Ftmd f o fsslt .r!t++'i�4.4-'��1" r (REAL) .tYL xi'rt (NUAL) r • I)1Fattts�t .Alrlettlt�t. ♦T G OF AORICULTURX 'z. As and+'2rdsa.Eti�tI o Pivsfam" tbo taternai :s. • ;fv Y�gaerc'+iclz t:a r+d o;'the aS via ub 1-2 1946 aao n i +t�!•a�f...Maa a�+a.es a This jut nmt w hied far ticcotd atffl Am., ,Y� day of 4 w book 7 32 PPO SNS.RaMd .,tir"J.Aka �naia#t CL> r lfl.. 27 r _ _ 0wati C 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 : 08434521260040010 Property Address : 521 N FEDERAL HWY Search performed by Bonnie Nicklien of Individuals (Florida)on Wed Jan 31 07:11:21 PST 2018 Tracking Number: 1440021 Access PIN: 51456 Item 1 of 12 Building Permit Application Number: 97-00003317 Application Date: 07/11/1997 Fee Type: PC- PLAN CHECK FEES Amount Due: -$35.00 Application Type: DR- DRAINAGE Application Status: RJ - REJECTED OPEN APPLICATION For compliance please contact the Department of Development, Building Division via messaging. Item 2 of 12 Building Permit Application Number: 13-00002012 Application Date: 06/06/2013 Fee Type: PN - PENALTY FEE Amount Due: $0.00 Application Type: AC-AIR CONDITIONING RESIDENTIAL Application Status: RJ - REJECTED OPEN APPLICATION For compliance please contact the Department of Development, Building Division via messaging. Item 3 of 12 Building Permit Application Number: 13-00002012 Application Date: 06/06/2013 Fee Type: PF- PERMIT FEES Amount Due: $0.00 Application Type: AC-AIR CONDITIONING RESIDENTIAL Application Status: RJ - REJECTED OPEN APPLICATION For compliance please contact the Department of Development, Building Division via messaging. 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 Page 2 of 6 City of Boynton Beach Interest In Real Property Item 4 of 12 Building Permit Application Number: 13-00002012 Application Date: 06/06/2013 Fee Type: GR- GREEN BUILDING FEE Amount Due: $0.00 Application Type: AC-AIR CONDITIONING RESIDENTIAL Application Status: RJ - REJECTED OPEN APPLICATION For compliance please contact the Department of Development, Building Division via messaging. Item 5 of 12 Building Permit Application Number: 13-00002012 Application Date: 06/06/2013 Fee Type: DC - DEPT COMMUN AFFAIRS SURCH Amount Due: $0.00 Application Type: AC-AIR CONDITIONING RESIDENTIAL Application Status: RJ - REJECTED OPEN APPLICATION For compliance please contact the Department of Development, Building Division via messaging. Item 6 of 12 Building Permit Application Number: 13-00002012 Application Date: 06/06/2013 Fee Type: DB- DBPR BLDG CODE ADM & INSP Amount Due: $0.00 Application Type: AC-AIR CONDITIONING RESIDENTIAL Application Status: RJ - REJECTED OPEN APPLICATION For compliance please contact the Department of Development, Building Division via messaging. 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 Page 3 of 6 City of Boynton Beach Interest In Real Property Item 7 of 12 Building Permit Application Number: 94-00001076 Application Date: 03/16/1994 Fee Type: PC- PLAN CHECK FEES Amount Due: $0.00 Application Type: RM - RE-MODELING Application Status: RJ - REJECTED OPEN APPLICATION For compliance please contact the Department of Development, Building Division via messaging. Item 8 of 12 Building Permit Application Number: 94-00001076 Application Date: 03/16/1994 Fee Type: PF- PERMIT FEES Amount Due: $0.00 Application Type: RM - RE-MODELING Application Status: RJ - REJECTED OPEN APPLICATION For compliance please contact the Department of Development, Building Division via messaging. Item 9 of 12 Building Permit Application Number: 15-00000991 Application Date: 03/10/2015 Fee Type: DC - DEPT COMMUN AFFAIRS SURCH Amount Due: $0.00 Application Type: PL- PLUMBING Application Status: AP-APPROVED For compliance please contact the Department of Development, Building Division via messaging. 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 Page 4 of 6 City of Boynton Beach Interest In Real Property Item 10 of 12 Building Permit Application Number: 15-00000991 Application Date: 03/10/2015 Fee Type: GR- GREEN BUILDING FEE Amount Due: $0.00 Application Type: PL- PLUMBING Application Status: AP-APPROVED For compliance please contact the Department of Development, Building Division via messaging. Item 11 of 12 Building Permit Application Number: 15-00000991 Application Date: 03/10/2015 Fee Type: PF- PERMIT FEES Amount Due: $0.00 Application Type: PL- PLUMBING Application Status: AP-APPROVED For compliance please contact the Department of Development, Building Division via messaging. Item 12 of 12 Building Permit Application Number: 15-00000991 Application Date: 03/10/2015 Fee Type: DB- DBPR BLDG CODE ADM & INSP Amount Due: $0.00 Application Type: PL- PLUMBING Application Status: AP-APPROVED For compliance please contact the Department of Development, Building Division via messaging. 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 Page 5 of 6 City of Boynton Beach Interest In Real Property UTILITY 1 of 1 Utilities Customer Number: 274021 City: BOYNTON BEACH Zip Code: 33435 Delinquent Amount: $0.00 Current Amount: $50.86 Customer Status: ACTIVE Conduit reports may not reflect outstanding balances owed to the City due to write-offs or other internal account adjustments. Please note,written off balances or other debt incurred by a property owner must be paid prior to the initiation of new utility service at a property. In order to obtain accurate account information, please contact the Utilities Department at the City of Boynton Beach via messaging. Utility History: Customer Number Type Date Amount Balance Current 274021 BL-BILL 02/08/2017 $50.86 -$23.96 $50.86 274021 LF-ADJ 02/08/2017 $10.00 -$13.96 $50.86 274021 LF-ADJ 03/09/2017 $10.00 -$74.82 $50.86 274021 BL-BILL 03/09/2017 $54.82 -$84.82 $50.86 274021 IV-PMT 04/07/2017 -$190.50 -$234.46 $50.86 274021 BL-BILL 04/06/2017 $94.82 -$139.64 $50.86 274021 BL-BILL 05/05/2017 $54.82 -$53.96 $50.86 274021 LF-ADJ 05/05/2017 $10.00 -$43.96 $50.86 274021 IV-PMT 06/02/2017 -$159.64 -$108.78 $50.86 274021 BL-BILL 06/07/2017 $54.82 $50.86 $50.86 274021 IV-PMT 07/31/2017 -$64.82 -$76.71 $50.86 274021 EC-BILL 07/07/2017 $62.75 -$13.96 $50.86 274021 LF-ADJ 07/06/2017 $10.00 -$3.96 $50.86 274021 EC-BILL 08/08/2017 $50.86 -$11.89 $50.86 274021 IV-PMT 09/01/2017 -$113.61 -$62.75 $50.86 274021 EC-BILL 09/07/2017 $54.82 $50.86 $50.86 274021 EC-BILL 10/05/2017 $54.82 -$3.96 $50.86 274021 LF-ADJ 10/06/2017 $10.00 -$58.78 $50.86 274021 EC-BILL 11/06/2017 $54.82 $50.86 $50.86 274021 IV-PMT 10/30/2017 -$119.64 -$68.78 $50.86 274021 LF-ADJ 12/08/2017 $10.00 -$3.96 $50.86 274021 IV-PMT 01/03/2018 -$119.64 -$68.78 $50.86 274021 EC-BILL 12/08/2017 $54.82 -$13.96 $50.86 274021 EC-BILL 01/08/2018 1$50.86 1$50.86 1$50.86 No outstanding Code Compliance Cases and Liens were found. No outstanding Mowing and Maintenance Liens were found. SERVICE FEE FOR THIS REPORT PAID IN FULL: $115 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 Page 0of0 City of Boynton Beach Interest In Real Property i his statement is furnished at the request of the applicant for informational purposes only, and the City ofBoynton Beach, its officers or employees assume no respo.risibility or liability whatsoever for the authenticity or correctness of the matters set forth herein This report prepared and delivered via oonuuits T°.aservice from Net Assets Corporation To use Messaging regarding this report,go to http://conduits.nassets.net/messaging.html 4 t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 NEW BUSINESS AGENDAITEM: 14.C. SUBJECT: Consideration of the Revised CRA Human Resource Policies and Procedures Manual SUMMARY: Under the initiative of the Executive Director, CRA staff and legal counsel have made recommended revisions to the existing Human Resource Policy and Procedure Manual in the policy areas related to Family Medical Leave benefits and Human Resource (HR) Designee (see Attachment 1). Under our existing Human Resource Policy and Procedure Manual, recognition and certain protections are provided to employees requiring extended leave for the purposes of child birth, child care, or other Federally designated categories. Additionally, CRA staff and legal counsel have provided amended language recognizing the HR Designee, for example Ford Harrison Global HR Lawyers, with future procedures and processes for filing formal complaints to the HR Designee under a future agenda item. CRA BOARD OPTIONS: 1. Approve the proposed amendments to the CRA Human Resource Policies and Procedures Manual. 2. Not approve the proposed amendments to the CRA Human Resource Policies and Procedures Manual. 3. The Board may consider modifications to the proposed amendments after review and discussion. ATTACHMENTS: Description D Attachment I - Revised HR Manual with edits I i Ci�',i h ro yAr 1" �DOYNTON, asiSSS 3't ii C,;�It15�,1`� �' CRA ACH r ((�� S`�IJ,{jF HUMAN RESOURCES POLICIES & PROCEDURES MANUAL Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 (561) 737-3256 - Fax (561) 737-3258 Revised January 2017 00950371-1 Table of Contents SECTION 01: GENERAL PROVISIONS 1-1 Purpose 1 1-2 Positions Covered by These Policies 1 1-3 Approval and Amendment of Policies 1 1-4 Definitions 1 1-5 Human Resources Administration 4 SECTION 02: RECRUITMENT, SELECTION AND EMPLOYMENT 2-1 Equal Employment Opportunity Statement 5 2-2 Recruitment 6 2-3 Employment Applications 6 2-4 Selection Procedures 7 2-5 Type of Employees 7 2-6 Disqualified Persons 7 2-7 Interviewing Process 7 2-8 Recommendation for Employment 8 2-9 Employment Acceptance 8 2-10 Disqualification for Employment 9 SECTION 03: EMPLOYMENT PROVISIONS 3-1 Probationary Period 9 3-2 Terminations 10 3-3 Performance Evaluations 10 3-4 Harassment and Sexual Harassment 11 3-5 Workplace Violence 13 3-6 Formal Grievances 16 3-7 Personnel Actions 17 3-8 Code of Conduct and Disciplinary Provisions 18 SECTION 04: CLASSIFICATION & PAY PROVISIONS 4-1 Classification Provisions 27 4-2 Pay Provisions 27 4-3 Hours of Work/ Overtime / Compensatory Time 27 00950371-1 H SECTION 05: EMPLOYMENT CONDITIONS 5-1 Outside Employment 28 5-2 CRA Equipment 29 5-3 Address & Telephone Numbers 29 5-4 Political Activity 29 5-5 Resignation 29 5-6 Drug Free 30 5-7 Accommodations for Employees with Disabilities 40 SECTION 06: EMPLOYEE BENEFIT PROGRAMS 6-1 Vacation Leave 40 6-2 Sick Leave 41 6-3 Holidays 42 6-4 Compassionate Leave 42 6-5 Jury Duty 43 6-6 Military Leave 43 6-7 Disability 45 6-8 Life Insurance 45 6-9 Leave Without Pay 45 6-10 Medical, Dental, Vision, Life Insurance 46 6-11 Retirement 46 6-12 Domestic Partner Benefits 47 SECTION 07: CREDIT CARD POLICY 7-1 Policy 50 SECTION 08: COMMUNICATIONS SYSTEMS POLICY 8-1 Statement of Policy 56 8-2 No Expectation of Privacy 56 8-3 Use of Systems for Harassment 56 8-4 Non-solicitation; Outside Employment 57 8-5 Software 57 8-6 Termination 57 8-7 Reporting 57 00950371-1 111 SECTION 09: MISCELLANEOUS 9-1 Personal Appearance/Dress Code 57 APPENDIX: HIRING AND TERMINATION POLICIES AND 61 PROCEDURES MANUAL 00950371-1 1V SECTION 01: GENERAL PROVISIONS 1-1 PURPOSE: These policies are to provide guidance in the administration of the CRA's employees. It is the intent of these policies to ensure that CRA employees will be dealt with on an equitable basis, so that the citizens of the CRA area may derive benefits and advantages as a result of a competent CRA staff. It is the responsibility of all CRA employees to read and abide by all provisions of all policies even as amended from time to time. 1-2 POSITIONS COVERED BY THESE POLICIES: The policies shall apply to all non-contract employees. These policies shall also apply to employees with individual employment contracts, if incorporated by reference into the employment contract. 1-3 APPROVAL AND AMENDMENT OF POLICIES: These policies shall be in force and in effect when approved by the CRA Board and replace existing policies and procedures. The CRA Board may amend these policies from time to time unless another means of amendment is specified in this document. 1 -4 DEFINITIONS: • ADMINISTRATIVE REVIEW — Review and approval of a personnel action by the CRA Executive Director. • APPEAL — A request by a regular employee for consideration by the CRA Executive Director or Designee as applicable. • CLASSIFICATION PLAN — A Systemic arrangement of positions with a similar range of duties, level of responsibilities and nature of work preformed. • CONTINUOUS SERVICE — Employment that is uninterrupted by separations of employment, layoffs, etc. • CONTRACT EMPLOYEE — An employee under an individual employment contract with the CRA Board. Contract employees do not have any rights or benefits other than what is specifically stated in their individual employment contract. 00950371-1 1 • DEMOTION — Assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. • DISMISSAL — The discharge of an employee from his/her position with the CRA. The terms termination and dismissal are interchangeable. • EMPLOYMENT CONTRACT — An individual contract that provides a non-regular employee with a written agreement of employment terms. • EXEMPT EMPLOYEE — Any employee whose position is ineligible for overtime as determined by the Fair Labor Standards Act ("FLSK). • FULL-TIME EMPLOYEE — A regular employee who is scheduled to work a minimum of thirty-six (36) hours per week. • GRIEVANCE — Formal notice of dissatisfaction by a regular employee who feels he / she have been unjustly treated in cases regarding their employment. • HIRE DATE —An employee's date of hire or re-hire, whichever is later. • HR DESIGNEE — the person, department, or entity designated by the Executive Director of the CRA for a particular task. The Executive Director mgy select different HR qg§ignees for different task, and may assign multiple HR designees to the same task. • IMMEDIATE FAMILY — Is defined as follows: father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, brother-in-law, sister- in-law, son-in-law, daughter-in-law, grandchild, grandparents or foster parents, foster child, step-mother, step-father or step child of an employee. A domestic partner shall be considered the same as a spouse. • INITIAL PROBATIONARY PERIOD — A ninety (90) day calendar period of time beginning with the employee's hire date. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Initial Probationary Period, an employee may be terminated without notice and without cause. • JOB ANNIVERSARY / CLASSIFICATION DATE — the effective date of a promotion or demotion action. • LAYOFF — Dismissal from employment because of shortage of work or funds, or because of changes in the organization. 00950371-1 2 • NON-EXEMPT EMPLOYEE — Any hourly employee whose position is eligible for overtime after forty (40) hours of work per week as determined by the Fair Labor Standards Act. • OVERTIME PAY — Pay for overtime or compensatory time worked in excess of a non-exempt employee's forty (40) hour workweek. • PART-TIME — Appointment to a position that usually requires a working schedule less than thirty-six (36) work hours per week. • PAY PLAN - A formal schedule of pay ranges containing a minimum, mid point and maximum value for all job descriptions. • PAY RANGE —The minimum and maximum pay established by the CRA Board for budgeted positions. • PERFORMANCE APPRAISAL —Assessment of how well an employee has performed during a period of time. • POSITION PROBATIONARY PERIOD — A ninety (90) day calendar period of time beginning with the effective date of a promotion or demotion of a regular employee. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Position Probationary Period, an employee may be returned or demoted to their former position without notice and without cause. • PROBATIONARY EMPLOYEES — Any employee who is serving in a new position either by appointment, promotion or demotion. Promotions or demotions occurring within the established initial probationary period shall cause an employee to begin a new initial probationary period. • PROMOTION - The assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. • RECLASSIFICATION - The change of a job classification due to a change in or an increase or decrease in the assigned duties and responsibilities of the position. • REGULAR EMPLOYEE — An employee who has achieved regular status after completing the established or applicable probationary period. • SUSPENSION —The separation with or without pay of an employee for a period of time. Exempt employees shall be subject to no less than one week suspensions without pay. 00950371-1 3 • TEMPORARY EMPLOYEE — An employee in a position other than regular full-time or part-time who works less than forty (40) hours per week. • TEMPORARY POSITION — All positions that are not designated regular budgeted positions. • VACANCY — An existing or newly created position, which is not occupied. • WORKWEEK — The established forty (40) hour period of time that constitutes the workweek for Fair Labor Standards Act purposes. Non- exempt employees are not eligible for overtime compensation until after completion of forty (40) hours in the workweek. 1-5 HUMAN RESOURCES ADMINISTRATION: The CRA Board A. Considers and adopts the Human Resources Policy & Procedure Manual. B. Approves recommended Classification and Pay Plan(s) as needed. C. Approves appointments and removals for positions that require employment contract. D. Authorizes all new CRA positions, assigns funding for pay ranges and authorizes recruitments. The CRA Executive Director A. Is responsible to the CRA Board for the administration of the Human Resources Policy and Procedure Manual. B. Recruits, appoints, promotes, transfers or removes, demotes, suspends, dismisses or disciplines all subordinate employees. C. Performs all duties and exercises all powers in personnel. D. Administers the recommended and approved pay plan. E. Administers an effective payroll system. F. Develops and implements effective training programs for employees. G. Recommends such policies or revisions in compliance with prevailing legislation. 00950371-1 4 H. Administers the employee benefits programs. I. Administers an effective disciplinary program. J. Administers an effective performance appraisal program. K. Prepares and recommends to the CRA Board job descriptions, classification and pay plans and amendments or revisions. L. Encourages employees to promptly and honestly report any incidents or allegations of workplace risks or wrongdoing to their supervisor or other appropriate CRA personnel. SECTION 02: RECRUITMENT, SELECTION & EMPLOYMENT The CRA Hiring and Termination Policies and Procedures Manual is incorporated herein (see Appendix). 2-1 EQUAL EMPLOYMENT OPPORTUNITY ("EEO") STATEMENT: The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, or veteran status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. The principles and policies of equal employment opportunity apply to the selection and treatment of independent contractors, temporary personnel or any other persons doing business for or with the CRA. Employees who feel they have been discriminated against should contact the Executive Director, the CRA designated human resources representative or a Board member. Any CRA employee who discriminates against another employee in violation of this policy is subject to discipline up to and including termination. In accordance with Equal Employment Opportunity Commission (EEOC) regulation, the CRA asks that all employees voluntarily self identify race and ethnicity to the extent necessary to ensure that the CRA is in full compliance with federal and state civil rights laws and regulations, and in turn protecting the rights of all employees from discrimination. If an employee declines to self- identify, employment records or observer identification may be used. Purpose: 00950371-1 5 The purpose of this Policy is to reaffirm the CRA's position regarding non- discrimination in all matters. Provisions: All recruitment activities, hiring, training, employment decisions, and personnel actions will be based on valid qualifications without regard to race, color, religion, sex, national origin, age, handicap, or marital status. Implementation of Policy: The staff of the CRA will be responsible for the dissemination of this policy. Directors, managers and supervisors are responsible for implementing equal employment practices within each department. The Executive Director or his/her designee is responsible for the CRA's overall compliance and shall maintain personnel records in accordance with regulatory compliance. CRA practices identified herein include: A. The CRA will display posters regarding equal employment opportunity in areas highly visible to employees. B. All advertising for job applicants includes the statement "An Equal Opportunity Employer - M/F/D/V." 2-2 RECRUITMENT: The CRA Executive Director shall implement effective EEO hiring procedures. The CRA Board approved Classification and Pay Plan shall be utilized by the CRA Executive Director to start the recruitment and selection procedures. Job vacancies shall be posted in such a manner and in such publications and media to promote an adequate pool of applicants. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and indicated as such to applicants. Only authorized offers of employment made to individuals are binding on the CRA. 2-3 EMPLOYMENT APPLICATIONS: Individuals desiring consideration for employment may submit a letter of interest, or a resume to the CRA Executive Director and/or the CRA staff Human Resources ("HR") Designee. All applicants submitting a resume or letter of interest and granted further consideration shall complete an application for employment prior to any job offer. Applications will only be accepted when a vacancy occurs. Applications will be retained in accordance with Public Records laws. 00950371-1 6 Applications must be signed and certified by the applicant. Incomplete applications will not be accepted. When a vacancy occurs, previously submitted applications on file may be updated for consideration, in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. 2-4 SELECTION PROCEDURES: Selection processes may consist of one or more of the following: A. Background investigations, including motor vehicle driving record and criminal history check and credit check. B. Reference checks. C. Performance examination. D. Review, evaluation and verification of education, training, and experience. E. Any other applicable criteria which will fairly assess the abilities of individuals to perform the duties required for the position. Applicants considered for employment may be subject to pre-employment controlled substances screening. Applicants testing positive for any of the specified drugs will not be eligible for employment. Such applicants may not be considered for employment for a period of two (2) years following a positive drug test. 2-5 TYPE OF EMPLOYEES: CRA employees are divided into two groups, contract and non-contract. Contract employees are individuals hired by a direct employment contract for a specified duration of time that may or may not be budgeted by the CRA Board. Noncontract employees fill regular budgeted positions as authorized by the CRA Board and are not otherwise designated as contract employees. Unless otherwise provided by contract, employment with the CRA is "at-will' and may be terminated by either party for any reason or no reason. Successful completion of a probationary period does not conclude or alter the "at-will' relationship. 2-6 DISQUALIFIED PERSONS: The CRA will consider Florida Statue 112.3135 in an effort to prevent hiring practices which result in conflicts of interest. 2-7 INTERVIEWING PROCESS: 00950371-1 Upon receipt of resumes and/or applications, the HR Designee will review and rank them in order of most qualified to least qualified and present the list to CRA Executive Director for review. At the direction of the CRA Executive Director, references will be called and background checks performed for the top candidate(s). Upon review of the reference notes by the CRA Executive Director, the HR Designee will then set up candidate interviews with the CRA Executive Director and/or HR Designee and other appropriate CRA staff. Interviews requested by the CRA for Contract Position(s) with the CRA which require the interviewee to travel more than 100 miles, but are less than 300 will be reimbursed by the CRA for mileage at the applicable annual rate as designated by the Internal Revenue Service, and Per Diem expenses at the current rate designated for CRA employees. Interviews requested by the CRA for Contract Position(s) with the CRA, which require the interviewee to travel of more than 300 miles will be reimbursed by the CRA at reasonable and customary rates for airline fares, hotel expenses, Per Diem expenses (at the current rate designated for CRA employees), and rental car expense (from airport to the CRA interview location and back to the airport). 2-8 RECOMMENDATION FOR EMPLOYMENT: Once the interview process has revealed a suitable applicant and the reference checks have been completed and screening steps appear satisfactory, the CRA Executive Director is authorized to then hire that applicant for employment. The employment offer is to be made in writing and mailed or electronically submitted to the applicant. The offer can also be made verbally from the CRA Executive Director or HR Designee, but must be confirmed in writing to the applicant. 2-9 EMPLOYMENT ACCEPTANCE: Upon receiving an offer for employment, the applicant must make employment acceptance within three (3) working days of the employment offer, unless otherwise extended by the CRA Executive Director (maximum of 5 working days). If employment acceptance is declined, the CRA Executive Director may consider another applicant from the recruitment's applicant pool, or may choose to begin a new recruitment process. After starting employment, all new CRA employees must provide proof of work eligibility and verification of identity to the CRA, in accordance with prevailing laws. Employees are responsible for reading, understanding, and abiding by all CRA policies and procedures, as amended from time to time. 00950371-1 8 2-10 DISQUALIFICATION FOR EMPLOYMENT: The CRA may reject an applicant who does not possess the minimum qualifications required for the position. Failure to meet the physical requirements necessary to perform the essential functions for a particular job as determined by the CRA will also result in disqualification, if a reasonable accommodation for an otherwise qualified individual with a disability cannot be reached, or would create an undue hardship. Fraudulent conduct, false statements, or omissions by an applicant or by others on behalf of the applicant with the applicant's knowledge, in any application or examination, may be cause for the disqualification of such applicant, or termination from the CRA employment. SECTION 03: EMPLOYMENT PROVISIONS 3-1 PROBATIONARY PERIOD: All CRA new hires shall be in a probationary status for a period of ninety (90) calendar days, unless extended by the CRA Executive Director. At the discretion of the CRA Executive Director, probationary statuses may be extended up to six (6) months upon written notification to the employee. This trial working period shall be utilized to observe an employee's performance. All promotion or demotion appointments effected within the initial probationary period shall cause the employee to begin serving a new ninety (90) day initial probationary period. All promotional appointments occurring after the ninety (90) day initial probationary period has occurred shall be deemed as position probationary periods; employees not successfully completing this position probationary period shall be returned to their previous classification status without appeal benefits. If either initial or position probationary periods are extended, no wage or salary increases shall be affected during the extension periods. Awards granted after the extensions shall not be retroactive. A probationary employee who has not successfully passed the established initial probationary period in any classification may be terminated without notice or without cause by the CRA Executive Director. The completion of a probationary period does not guarantee continued employment, nor does it alter in any way the at-will status of the employment relationship. 00950371-1 9 3-2 TERMINATIONS: Termination of employment can be made at any time, with or without cause, and shall be made in writing and need not reflect performance-related reasons. If an employee's employment is terminated, the employee shall be entitled to reimbursement for as-yet non-reimbursed expenses; accrued and unused vacation, sick and comp time; and ninety (90) days of severance pay. Medical, dental, vision and life/disability benefits will be paid by the CRA through the last day of the month following the completion of the ninety (90) day severance period. 3-3 PERFORMANCE EVALUATIONS: A. General Provisions The employee's performance evaluation is designed to examine, review and document work performance. The ratings shall be set forth on the applicable performance evaluation form. Each employee shall be given a copy of the evaluation form, shall have the opportunity to discuss it with the employee's supervisor, and comment on the evaluation in writing. Employees may appeal their evaluation to the CRA Executive Director within five (5) working days of receiving their performance evaluation. Such appeals must state the reason for the appeal, the facts supporting the employee's case, and any other pertinent information relevant to the matters at hand. The CRA Executive Director shall schedule an appeals meeting within fifteen (15) working days of receipt of the appeal, preside over the appeals meeting, and render a decision on the matter within fifteen (15) working days of the appeals meeting. All decisions of the CRA Executive Director are final. B. Frequency of Performance Evaluations Performance evaluations are completed annually with the first coinciding with the successful passing of the initial probationary period and/or position probationary period, and annually thereafter coinciding with CRA's fiscal year, i.e. by September 30th. Special evaluations may be conducted at any time with the approval of the CRA Executive Director. C. Performance Evaluation Rating Procedure 00950371-1 10 The direct supervisor of the employee shall be responsible for obtaining the appropriate evaluation form and completing the evaluation. An employee must sign and date the completed evaluation form indicating that he/she has discussed and received a copy. The signature does not mean he/she agrees with the evaluation. If the employee refuses to sign the form, it should be so indicated by the CRA Executive Director or direct supervisor in the space provided for the employee's signature. 3-4 HARASSMENT AND SEXUAL HARASSMENT The CRA is committed to a professional work environment in which all individuals are treated with respect and dignity and is free of unlawful harassment and discrimination. Each individual has the right to work in an atmosphere that promotes equal opportunities and prohibits discriminatory practices including sexual and other forms of harassment. Prohibited are offensive behaviors based on race, religion, age disability, sex, sexual orientation, national origin, and other protected class status. A. Scope This policy applies to all applicants, staff members, vendors, consultants, and guests. Any employee who engages in such conduct or encourages such behavior by others shall be subject to disciplinary action up to and including dismissal. B. Definition Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when for example: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. C. Behaviors Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances these behaviors may include, but are not limited to: unwanted sexual advances; subtle or overt pressure for sexual favors; sexual jokes; innuendoes; advances or propositions; verbal abuse of a sexual nature; graphic commentary about an individual's body, sexual prowess or sexual deficiencies; 00950371-1 11 leering, whistling, touching, pinching, assault, coerced sexual acts, or suggestive, insulting or obscene comments or gestures; display in the workplace of sexual suggestive objects or pictures; and other physical, verbal, or visual conduct of a sexual nature. D. Reporting an Incident of Harassment Whether they are the victim, a witness or someone who receives information regarding harassment, it is the duty of all employees to report harassment to their direct supervisor. Employees should also direct any questions concerning the CRA's harassment policy to their direct supervisor. If the direct supervisor is involved in the complaint or report, or if the employee feels uncomfortable communicating their report or question to a direct supervisor,- the e ployee may file a report or grievance with or ask the question of the Executive Director. If the employe does not feel comfortable communicating their report or question o their direct supervisor or the Executive Director, the employee may file the grievance with or direct tion to the HR desiqne!e.,-----.,'- ,n"Irl ha irrvrrvariia� ® rlirarv4arl fn �4e an" a rliranthe P` 4'c H"rovarr aen"r.ge ,age'-r,an GF MeFnb ef the43GaF4. The Executive Director ay establish other rules and procedures concerning the reporting of harassment, which will be provided toemployee upon E. Administrative Investigation Reported allegations of harassment will be investigated promptly. A written statement will be requested of the complainant. The investigation will be handled with sensitivity and confidentiality to the extent allowed by law and to the extent practical and appropriate under the circumstances. An employee found to have provided false or misleading information, or who does not fully cooperate with an investigation may be subject to disciplinary action. The CRA will provide an administrative response that will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved the harassment. F. The CRA will make every effort to ensure that individuals named in a harassment complaint or closely associated with employees involved in the complaint will not conduct the investigation. If necessary for completion of a fair investigation, the CRA may, at its discretion, engage a neutral third party to conduct investigations of harassment complaints. 00950371-1 12 G. Retaliation Retaliation against an individual for reporting alleged harassment or assisting in providing information relevant to a claim of sexual harassment is a serious violation and will be treated with the same strict discipline, as would the harassment itself. Acts of retaliation should be reported immediately and will be promptly investigated. Training shall be conducted on a periodic basis to raise awareness of harassment issues and remedies of same. H. Disciplinary Action Violations of this policy may result in disciplinary action as follows: 1. Findings of false or malicious statements intended to harm another individual shall result in immediate disciplinary action. 2. Failure to act upon gaining knowledge of violations of this policy may result in disciplinary action. 3. Failure to truthfully cooperate with an investigation of this nature may result in disciplinary action. I. "Unintentional' harassment This policy is not intended to interfere with or discourage friendship or social discourse among employees. However, employees must be sensitive to comments, acts or conduct that would likely be considered offensive by others. Even conduct that is not intended to constitute "harassment" may violate the terms of this policy. If an employee expresses concerns that the behavior of another employee may have violated this policy, all employees should respect those concerns. 3-5 WORKPLACE VIOLENCE POLICY The CRA provides a safe workplace for all employees and is committed to preventing workplace violence. To ensure a safe workplace and to reduce the risk of violence, all employees should review and understand all provisions of this workplace violence policy. Based on its commitment to preventing workplace violence, the CRA has adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that may occur and all provisions of this workplace violence policy. 00950371-1 13 A. Scope All full-time and part-time, active employees are covered under this policy. B. Prohibited Conduct and Behavior We do not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. This list of behaviors, while not inclusive are prohibited: • Causing physical injury to another person; • Making threatening remarks; • Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress; • Intentionally damaging employer property or property of another employee; �usiness;Possession of a weapon while on CRA property or while on CRA �omestic Committing acts motivated by, or related to, sexual harassment or violence. C. Reporting of Incidents All threats or actual violence, both direct and indirect, should be reported as soon as possible to your immediate supervisor or member of management. This includes threats by employees, as well as threats by customers, vendors, solicitors, or other members of the public. All suspicious individuals or activities should also be reported as soon as possible to a supervisor. Do not place yourself in peril. If you see or hear a commotion or disturbance, do not try to intercede or see what is happening. There are often warning signs of violence in the workplace. Please review the following list of warning signs, keeping in mind that demonstration by an individual of one or more of the actions below does not necessarily indicate violence. • Increase in use of alcohol or any use of drugs. • History of violent or aggressive behavior. • Displays of a loss of control, (e.g., frequent loss of temper for unsubstantiated reasons, or over minor issues). • Making any threats (serious, joking or veiled). • Intimidating others by any means. 00950371-1 14 • Expressing a strong desire for a personal or romantic relationship with a co- worker who does not reciprocate. • Expressing a consistent and strong feeling of being "disrespected". Harboring resentment for criticism. • Expressing desperation, frustration or depression over recent professional, personal or financial problems. • Fascination with other recent incidents of violence and approval of the use of violence. • Disregard for personal safety. • Demonstrating a lack of conscience by cruelty towards others or animals. • Vandalism. • Failure to acknowledge the rights or feelings of others. • Having been bullied or a victim of violence by others. Any potentially dangerous situations must also be reported immediately to a supervisor, the HR designee or Executive Director. Reports can be made anonymously and all reported incidents will be investigated. When reporting a threat of violence or violent act, the employee should be as specific and detailed as possible. Reports or incidents warranting confidentiality will be handled appropriately and information will be disclosed to others only on a need-to-know basis. All parties involved in a situation will be counseled and the results of investigations will be discussed with them. The CRA will actively intervene at any indication of a possibly hostile or violent situation. Any employee who obtains a restraining order against any person must immediately notify their direct supervisor. The CRA is committed to providing a safe workplace for all employees and can only do so if it receives information concerning individuals who are required to maintain a distance from CRA property and/or employees. D. Procedures All employees should be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, "horseplay," or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are prohibited on the work premises of the CRA without proper authorization. Violence or the threat of violence that intimidates, or coerces an employee or a member of the public will not be tolerated. This prohibition includes all acts of 00950371-1 15 harassment, including harassment that is based on an individual's sex, race, age, or any characteristic protected by federal, state or local law. If you witness a violent situation or are dealing with a threatening or violent person do not place yourself in danger or try to intercede. The following actions have proven to be effective: • Remain calm. • Keep a distance of at least 6 feet if possible. • Do not touch the threatening or violent individual. • Maintain eye contact, without "staring them down". • Actively listen and respond to the individual. • If a supervisor or other appropriate authority can be safely notified of the situation without endangering others, do so. E. Investigation The CRA will promptly and thoroughly investigate all reports of threats or actual violence as well as suspicious individuals or activities. The identity of the CRA individual making a report will be protected as much as is practical. In order to maintain workplace safety and the integrity of its investigation, the CRA will suspend employees, either with or without pay depending on the investigation and circumstances. F. Disciplinary Action Anyone who it is determined to be responsible for threats or actual violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment. The CRA encourages employees to bring disputes or differences with other employees or others to the attention of their supervisors, the HR designee or Executive Director before the situation escalates. The CRA is committed to assist in the resolution of disputes. 3-6 FORMAL GRIEVANCES: It is the policy of the CRA to anticipate and avoid occurrences of formal grievances and to deal promptly with formal grievances that may arise. Employees who believe they have suffered wrongdoing by another employee or supervisor should not confront any individual by whom they believe they have been wronged. Any grievance against another employee or supervisor must be submitted in writing pursuant to this policy. All formal grievances must be in writing and must include the nature of the grievance and all the facts supporting 00950371-1 16 the grievance. This written document must be submitted to the employee's direct supervisor, unless the supervisor is the party named in the grievance or closely associated with the party named in the grievance. If the employee is not comfortable reporting to a supervisor, the employee may file a grievance with the Executive Director. If the emplgyg�eis not comfortable reporting to a supervisor or the Executive Director, the employee may file the grievance with the -_at4 HR designee er The primary purpose of this grievance procedure is to determine what is right, not who is right. Free discussion between employees and their supervisor, the Executive Director, and/or the HR Designee will lead to better understanding of practices, policies and procedures, which affect employees. Discussion will serve to identify and help eliminate conditions, which may cause misunderstandings prior to the filing of written formal grievances. The CRA Executive Director shall establish rules for the processing of formal grievances, which will be provided toemployee on hiring. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a formal grievance. Formal grievances are to be initiated by employee within ten (10) working days of the event giving rise to the grievance or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. Decisions by the supervisor or HR Designee can be appealed to the CRA Executive Director, unless the Executive Director is the subject of the_gpmplaint, in which case it can be appealed to the CRA Board. In the event the grievance involves the CRA Executive Director, the employee can request the decision be appealed to the CRA Board Designee. The decision of the CRA Executive Director or CRA Board P-e-sign-e-eregarding the disposition of the grievance is binding and not subject to further review or consideration. 3-7 PERSONNEL ACTIONS: A. Promotion Upon promotion, an employee shall receive an increase to the minimum pay rate of the new position, or up to 10%, whichever is higher. In no case shall the new salary exceed the maximum pay established for the position. Promoted employees shall serve a ninety (90) day position probationary period and may be demoted without notice and without cause during the position probationary period. B. Demotion 00950371-1 17 Upon demotion, an employee shall receive a decrease in pay of a minimum of 5%, or up to 10% if previously promoted to the higher level classification and awarded that amount for the promotion action, or greater if a higher amount of decrease is necessary in order not to exceed the maximum rate of pay for the lower level position. In no case shall the new lower pay rate exceed the maximum of the pay range established for the lower level position. There may be circumstances which result in demotion that are not due to the employee's job performance, conduct, and/or disciplinary actions. These include, but are not limited to, organization restructuring and decrease in operating revenues. Such demotion shall not be punitive and pay adjustments will be determined by the CRA Executive Director. The Executive Director may choose to make the employee's pay at the lower level position no greater than the maximum established for the position; however, the Executive Director may also set the pay level to exceed the maximum for the position in special circumstances. C. Demotion Approvals and Appeal All demotions and resulting adjustments in an employee's pay rate shall receive the prior review and approval of the CRA Executive Director. Demoted employees not serving within an established probationary period may appeal the demotion action in writing within two (2) working days of written notification of the demotion. The CRA Executive Director shall schedule an appeals meeting within ten working (10) working days of receipt of the employee appeal. The written appeal must state the reason for the appeal and all facts supporting the appeal. The CRA Executive Director shall preside over the appeals meeting and render a decision within twenty (20) working days of the appeals meeting. The demotion action shall be effective regardless of any appeal request. The demotion may then be overturned by the CRA Executive Director when a decision has been made. The decision of the CRA Executive Director is binding and not subject to further review or consideration. 3.8 CODE OF CONDUCT & DISCIPLINARY PROVISIONS: A. Purpose The CRA anticipates that its employees will conduct themselves appropriately, both on and off the job. As a service entity, we must treat our customers in a courteous and respectful manner at all times and our conduct must be consistent with the CRA's goals and objectives. We recognize, however, that there will be instances when employees may act in a manner that is not consistent with the CRA's goals and objectives and the CRA Board's expectations. To address these situations, a disciplinary process 00950371-1 18 has been developed to enable the CRA Executive Director to resolve issues related to unacceptable performance and misconduct. The CRA's goals in establishing such a process are both to ensure that employees understand the potential consequences of inappropriate behavior and to assist them in recognizing the severity of such consequences, with the hope that disciplinary sanctions, if required, will encourage the individual to personally resolve whatever concerns exist with respect to either inadequate performance or personal misconduct. All employees of the CRA have a duty to promptly report actual or suspected occurrences of illegal or unethical behavior or workplace wrongdoing by other employees or supervisors; and may do so without fear of retaliation or retribution. The CRA prohibits retaliation against any employee because of the employee's good faith reporting of such activities. Any CRA employee, regardless of title or position, who engages in such prohibited retaliation is subject to disciplinary action, including termination. B. Provisions 1. Conduct unbecoming of a CRA employee is defined as employee behavior or actions, on the part of the employee, which hinders or jeopardizes the successful operation of the CRA, undermines teamwork and cooperation among CRA employees, or undermines the public confidence in the CRA or its employees. 2. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the CRA and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline. Management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. 3. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 4. A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. 5. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate disciplinary measure. 00950371-1 19 6. The level of misconduct may differ in individual cases from apparently similar incidents. The CRA retains the right to treat each occurrence on an individual basis without creating a precedent for situations which may arise in the future. This case-by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the CRA, but are to be used as a guide. 7. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to CRA Executive Director shall serve as grounds for disciplinary action. 8. After a period of one year for a Verbal Warning, two years for a Written Reprimand, and five years for a Suspension, discipline will not be considered for purposes of future disciplinary actions or promotions. However, these items will remain in the employee's personnel file. Verbal warnings or verbal reprimands are not considered as disciplinary action. C. Examples of Misconduct The following types of infractions, offenses, or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the CRA, or employee wrongs or offenses which violate permissible behaviors or are specifically prohibited by law. The listed reasons are for informational purposes only and are not meant to be exhaustive. Each disciplinary action shall be considered on a case-by- case basis. The following are examples of violations which shall result in disciplinary action: 1. Conduct unbecoming of a CRA employee, as specified in the Definitions section. 2. Abuse of CRA policies including, but not limited to: • abuse of sick leave privileges, sick leave policy or excessive absenteeism • job abandonment defined as two or more work days without reporting to work and without notification of the employee's supervisor • failure to notify CRA of current address and telephone number within ten (10) calendar days of change • failure to report any outside employment • possession of a firearm or concealed weapon on CRA property or while performing official CRA duties 00950371-1 20 • suspension or revocation of any required job-related licenses or certifications • use of abusive language to or about an employee, co-worker, supervisor, or the public • insubordination, meaning the failure to recognize or accept the authority of a supervisor • threatening, either verbally or physically, a co-worker or supervisor. 3. Abuse of departmental procedures and work rules including, but not limited to: • failure to provide name and official title to any person requesting same when performing work related duties • habitual extension of lunch periods or break period • habitually late for work without valid reason • smoking in prohibited areas • unauthorized solicitation, posting of material, or non-productive behavior • disrupting or hindering departmental operations • outside employment which conflicts, interferes or otherwise hampers the performance of the employee in their CRA job • unauthorized personal use of CRA equipment or funds • improper use of CRA time for conducting personal or private business • other department rules as communicated by the CRA Executive Director or supervisor. 4. Documented failure of a supervisor to perform duties required of supervisory employees including recommending and/or taking disciplinary actions when necessary. 5. Violation or disregard of CRA's Safety Policy and Procedures including: • unauthorized use or unsafe operation of CRA property, equipment or vehicles. • failure to report an on-the-job injury or accident within 24 hours to immediate supervisor • supervisor's failure to report an employee's on the job injury to the CRA Executive Director within 24 hours and/or completion of necessary documentation. 6. Illegal, unethical or improper acts including: • theft or removal of CRA property without proper authorization 00950371-1 2 1 • falsifying employment application or concealing information during pre-employment screening or processing • soliciting or accepting an unauthorized fee or gift • giving false information, or failure or refusal to fully cooperate or provide full, truthful information in CRA initiated investigations • possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job; or any confirmed positive drug test • possession or use of alcohol while on duty; or reporting to work under the influence of alcohol • refusal to participate, if offered, in a drug/alcohol rehabilitation program, and to sign and abide by a return to work agreement when the CRA receives positive confirmed results on any CRA ordered drug test such as workers' compensation, accident or reasonable suspicion drug or alcohol testing refusal to submit to a CRA sponsored drug or alcohol testing such as workers' compensation, reasonable suspicion, follow up, or applicant processes • violating the CRA's Sexual Harassment policy through interaction with another employee or a member of the public. D. Procedure When an immediate supervisor becomes aware of conclusive evidence of the need for employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct, or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Job abandonment is cause for immediate dismissal with approval of the CRA Executive Director. Documentation of the disciplinary investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. The CRA Executive Director will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. 1. Administrative Review: Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any CRA employee. These investigations shall be conducted by the CRA Executive Director or designee, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. The CRA Executive Director assumes responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. 00950371-1 22 2. Criminal Investigations: Investigations conducted when criminal violations are reportedly committed by any employee of the CRA. These investigations shall be conducted by the local Police Department, in collaboration with the CRA Executive Director. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted. The immediate supervisor, with the approval of the CRA Executive Director, may initiate a three (3) working day or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident of misconduct in the absence of the employee. Suspensions with pay of more than three (3) working days require the approval of the CRA Executive Director. This practice may also be used in the event that alleged misconduct is severe but unproven. The immediate supervisor shall immediately notify the CRA Executive Director of the choice for suspension so that the suspension may be issued and the matter may be immediately investigated. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. E. Types of Action 1. Counseling Consists of the immediate supervisor warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetition of employee behavior. Future violations will result in further discipline up to and including termination. A Disciplinary Action Form should be completed by the immediate supervisor. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. The Disciplinary Action Form shall be forwarded to The CRA Executive Director for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments on a separate sheet for inclusion in the record. 00950371-1 23 2. Written Reprimand Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits, or behavior. A written reprimand may include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits, or performance which require improvement; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to the CRA Executive Director for retention in the employee's records, with a copy provided to the employee. Employees may submit comments on a separate sheet for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvement, a follow-up discussion at the end of the designated time period should be conducted. This follow- up discussion will provide a specific opportunity to review the employee's improvement relative to the discipline. Written reprimands should be reflected on the employee's performance evaluation along with any noted improvements. 3. Suspension Consists of an employee being prohibited from returning to work until the specified period of suspension has passed. If the suspension is greater than one (1) working day, it shall be issued on a consecutive working day basis. Unless provided for otherwise in this policy or disallowed by the Fair Labor Standards Act, all suspensions shall be without pay. Suspensions shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of previous discipline support a suspension for a specified period of time. Employees shall be suspended pending the outcome of a recommendation to terminate and shall remain under suspension until the CRA Executive Director has made a final determination in a pre-termination hearing, if elected by the employee. With the written authorization of the CRA Executive Director, immediate supervisors have the authority to issue a suspension for three (3) working days or less. 00950371-1 24 Suspensions beyond three (3) working days require prior authorization by the CRA Executive Director. Suspensions due to a recommendation to terminate only require the CRA Executive Director's approval. Employees being suspended shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. It shall be the employee's responsibility to pay for insurance benefits and/or any other payments previously paid through payroll deductions during any suspensions without pay in order to maintain such benefits during these periods. Lapses in payments may result in forfeiture of such benefits. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to the CRA Executive Director or designee for inclusion in the employee's records, with a copy provided to the employee. 4. Demotion In the context of this policy, demotion consists of an employee being involuntarily removed from higher level classification to a lower level classification, with a resulting decrease in annual salary. Although not limited to such instances, demotions may occur in some cases because of an inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions, such as licensure or certification. In addition, during position probation an employee shall be subject to demotion without the CRA being required to state a reason. The employee shall have access to the appeal process. A demotion will involve a decrease in salary of not less than 5%, commensurate with the decrease in responsibilities. Immediate supervisors should discuss the potential demotion of an employee with the CRA Executive Director prior to a written recommendation for demotion. The supervisor shall then submit the written recommendation to the CRA Executive Director. Demotions require authorization from the CRA Executive Director prior to being effected. 00950371-1 25 Written notification of demotions shall be provided to the employee by the CRA Executive Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination of employment. All documentation of a demotion shall be retained in the employee's file by the CRA Executive Director. Employees may submit comments on a separate sheet for inclusion in their personnel file. Employees may voluntarily request a demotion to a lower level classification. Such demotion shall not be punitive. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification, and forwarded to the CRA Executive Director for inclusion in the employee's records. 5. Dismissal Dismissal is a result of an employee's involuntary termination which severs the employment relationship. Immediate supervisors shall supply thorough documentation and discuss recommendations for an employee's dismissal with the CRA Executive Director. Dismissals of regular employees shall be effected only with the authorization of the CRA Executive Director. A written notice of the recommendation to terminate shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, the notice shall be sent via U.S. mail to the most recent address on record in the personnel file. The recommendation to terminate and the CRA Executive Director's notification letter shall be placed in the employee's personnel file. Initial probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause and it shall be effective after authorization by the CRA Executive Director. At the time of dismissal, employees are required to surrender to their supervisor or designee all CRA property which may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final wages. 6. Inefficiency, Incompetence or Job Abandonment 00950371-1 26 The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals and contribute to team success. Employees who receive an overall "Below Expectations" evaluation shall be given a follow-up evaluation within sixty (60) calendar days of the initial "Below Expectations" evaluation. More than one overall rating of "Below Expectations" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of "Meets Expectations". SECTION 04: CLASSIFICATION & PAY PROVISIONS 4-1 CLASSIFICATION PROVISIONS: Purpose of the Classification Plan - The classification plan provides for a systematic arrangement of positions. The plan groups related positions into classifications with a similar range of duties, level of responsibility, and nature of work performed. 4-2 PAY PROVISIONS: Purpose of the Pay Plan - The pay plan shall provide the basis of compensation for all employees and shall be administered and recommended for revision as appropriate by the CRA Executive Director. The Pay Plan shall include: A. Schedules of pay rates for each title in the classification plan consisting of the minimum and the maximum hourly rate, and/or annual salary. B. Identification of non-exempt and exempt classifications. 4-3 HOURS OF WORK/ OVERTIME / COMPENSATORY TIME: A. Hours of Work Hours of work will be determined by the CRA Executive Director and shall be uniform for all employees and be determined in accordance with the needs of the services and operational needs of the CRA. Situations may arise that may require employees to work additional hours without notice. All employees are required to work additional hours when notified by the CRA Executive Director of the need to work. 00950371-1 2 B. Overtime Overtime hours are hours actually worked by non-exempt employees in excess of a forty (40) hours per work week. Employees are not permitted to work overtime hours unless authorized in advance by the CRA Executive Director. Provisions of the FLSA shall be applied for non- exempt employees for overtime purposes. Hours that shall count towards overtime calculations only include those hours "actually" worked. Annual leave, sick leave, holiday pay, suspensions with pay, workers compensation leave, family medical leave, funeral leave, jury duty, annual military leave and other absences from work while in active pay status will not be counted as time actually worked for purposes of determining whether overtime has been worked in excess of forty (40) hours per week. C. Compensatory Time as Payment for Overtime Hours Worked Non-exempt employees who work overtime will receive compensatory time in lieu of cash compensation, which shall accrue at a rate of 1.5 hours of compensatory time for every hour of overtime worked. When exempt employees are required to work weekends for any reason other than those stated above, the employee shall receive compensatory time in lieu of cash compensation at a rate of 1 .5 hours of compensatory time for every hour worked on weekends. Except as otherwise provided herein, cash payments for overtime compensation or work on weekends may be authorized at the discretion of the CRA Executive Director. Any employee who has accrued compensation time shall, upon termination of employment be paid for the unused compensatory time at a rate equal to the employee's average regular rate of pay during the last three years of employment or the final regular rate of pay, whichever is greater. Accruals of compensatory time for exempt and non-exempt employees may be accrued up to 240 hours and may be used by the employee provided reasonable notice has been given to the CRA. Once a non- exempt employee accrues 240 hours of compensatory time, the employee shall be compensated for any additional overtime worked in cash at a rate of 1.5 times the employee's regular rate in accordance with the FLSA. Compensatory time hours in excess of 240 accrued by an exempt employee will be forfeit. Upon separation, the CRA will pay out the accrued compensatory time up to a maximum of 240 hours. Cash payments for overtime compensation may be authorized at anytime at the discretion of the CRA Executive Director. An employee who has accrued compensatory time and who has requested the use of such accrued time shall be permitted to use the time 00950371-1 20 within a reasonable period after making the request if the use of the time does not unduly disrupt operations of the CRA. SECTION 05: EMPLOYMENT CONDITIONS 5-1 OUTSIDE EMPLOYMENT: Employees may engage in outside employment during off-duty hours when such employment does not in any way interfere or create a potential conflict of interest with their CRA employment. An employee, who wishes to engage in any outside employment including self-employment, shall provide information concerning the proposed employment to the CRA Executive Director for approval prior to engaging in outside employment. 5-2 CRA EQUIPMENT: The personal use of any CRA equipment, such as computers, cameras, tools, vehicles, etc., shall be prohibited unless otherwise approved in advance by the CRA Executive Director. In addition, employees are not to use any CRA e-mail addresses for receipt of personal mail. 5-3 ADDRESS AND TELEPHONE NUMBERS: Employees are required to report any change in address or telephone number to the CRA Executive Director and HR Designee within ten (10) working days of the change. Failure to comply with this requirement may result in disciplinary actions up to and including termination. The employee shall also maintain on a current basis the name, address and telephone number of the person(s) to contact in case of emergency. 5-4 POLITICAL ACTIVITY: No CRA employee shall take any active part in political campaigns or other political activities during duty hours. In accordance with Florida Statutes, as amended, employees are prohibited from engaging in certain types of political activities while either on or off duty. Employees, in their private capacities, may express their opinions on any political candidate or issue and/or participate in campaigns during their off-duty hours; however, they are prohibited from using their official authority or influence or appearance of doing so through the wearing of CRA uniforms or official attire, or in CRA vehicles while participating in political campaigns, for the purpose of aiding or interfering with an election or nomination, or coercing or influencing another person's vote or affecting the result thereof. 00950371-1 29 No buttons, bumper stickers, pins, or any political signage shall be adhered to CRA vehicles, or worn during the workday while on the job, or worn on CRA official attire, or posted on or about CRA premises. Nothing herein shall be construed to prohibit an employee's right to engage in casual workplace discussions on social or political topics, so long as such discussions do not, in the judgment of management of the CRA, interfere with the orderly, peaceful, and efficient performance of assigned duties or with the valid exercise of authority of management. 5-5 RESIGNATION: Resignation is the voluntary separation of an employee from employment accomplished by serving a written notice expressing a decision to end employment with the CRA. Such written notice shall be deemed to be accepted immediately. An employee who wishes to leave in good standing shall provide at least two (2) weeks notice, before leaving. Resignations may be rescinded only with the written approval of the CRA Executive Director. All employees who have completed their probationary period and given two weeks written notice will receive their accumulated sick, vacation and compensatory time to date subject to the maximum accumulation times defined in this policy and reimbursement for as yet non-reimbursed expenses. Medical, dental, vision, and life/disability benefits will continue to be paid for in full by the CRA through the last day of the month following ninety (90) days after the effective date of resignation. Employees who fail to report to work or fail to call in absent to their supervisor for three (3) consecutive working days shall be deemed as having voluntarily resigned from employment. A letter of termination shall be mailed within two (2) working days to the last known address of the employee, accepting their voluntary resignation. 5-6 DRUG FREE WORKPLACE: General Statement of Policy on Employee Drug Use It is the intent of the CRA to provide a Drug-Free Workplace, as provided in Section 440.101, Florida Statutes, in order that employees be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from drug abuse. It is further the intent of the CRA that drug abuse be discouraged and that employees who choose to engage in drug abuse face the risk of unemployment and the forfeiture of workers' compensation benefits. 00950371-1 3 0 In the case of abuse of illegal drugs or alcohol, the CRA may use constructive disciplinary measures to motivate the employee to seek assistance. To the extent that they are available, normal benefits, such as sick leave and the group medical plan, may aid in the rehabilitation process. Supervisory personnel are responsible for assisting employees diagnosed with a substance abuse problem in fully understanding the health benefits program. An employee's participation in any program and the results obtained are kept in confidence. This information is not subject to the "Government in the Sunshine Law." The CRA is a participating employer in an Employee Assistance Program with Counseling Services Associates (855) 272-8880, through which the CRA and all of its employees may benefit. The Employee Assistance Program vendor may change and employees should check with the CRA's HR designee to confirm the current vendor. The CRA has available to all its employees a booklet explaining not only the substance abuse program, but other problems for which counseling services are available, such as interpersonal relationships with other employees, mental disorders, financial difficulties or problems with children or spouses. The CRA will hold in strict confidence any employee's participation in this program. It is the intent of the CRA to comply with the requirements of section 440.102, Florida Statutes and Chapter 38F-9, Florida Administrative Code. In the event of a conflict between those requirements and this policy, the standards set forth in section 440.102 and Chapter 38F-9, as amended from time to time, shall prevail. No employee shall be terminated, disciplined, or discriminated against solely upon the employee's voluntarily seeking treatment, while under the employ of the CRA, for drug-related problems if the employee has not previously tested positive for drug use, entered an employee assistance program for drug-related problems, or entered a drug rehabilitation program. The CRA will not condone the following behavior by employees: • Use of illicit drugs. • Abuse of legal (prescription or over-the-counter) drugs or alcohol. • Sale, purchase, transfer, use or possession of illegal drugs or prescription drugs obtained illegally. • All Supervisors are responsible for ensuring a safe working environment within their departments and are, therefore, responsible for reporting all incidents of possession, sale, distribution, or use of illegal substances to their immediate superior. Employees found in possession of an illegal substance on CRA property or while on CRA business will be terminated. 00950371-1 3 1 Notice of Testing One time only, prior to Drug testing, the CRA shall give all employees and job applicants for employment a written policy statement which contains: 1. A general statement of the CRA's policy on employee drug use, which must identify: a. The types of drug testing an employee or job applicant may be required to submit to, including reasonable-suspicion drug testing or drug testing conducted on any other basis. b. The actions the CRA may take against an employee or job applicant on the basis of a positive confirmed drug test result. 2. A statement advising the employee or job applicant of the existence of section 440.102, Florida Statutes. 3. A general statement concerning confidentiality. 4. Procedures for employees and job applicants to confidentially report to a medical review officer the use of prescription or nonprescription medications to a medical review officer both before and after being tested. 5. A list of the most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test. 6. The consequences of refusing to submit to a drug test. 7. A representative sampling of names, addresses, and telephone numbers of employee assistance programs and local drug rehabilitation programs. 8. A statement that an employee or job applicant who receives a positive confirmed test result may contest or explain the result to a medical review officer within 5 working days after receiving written notification of the test result; that if an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the CRA; and that a person may contest the drug test result pursuant to law or to rules adopted by the Agency for Health Care Administration. 9. A statement informing the employee or job applicant of his or her responsibility to notify the laboratory of any administrative or civil action brought pursuant to this section. 10. A list of all drugs for which the employer will test, described by brand name or common name, as applicable, as well as by chemical name. 00950371-1 32 11. A statement regarding any applicable collective bargaining agreement or contract and the right to appeal to the Public Employees Relations Commission or applicable court. 12. A statement notifying employees and job applicants of their right to consult with a medical review officer for technical information regarding prescription or nonprescription medication. Drug Testing The CRA will conduct the following types of drug tests. Testing will be conducted by the current vendor as identified by the CRA's HR designee. Employees refusing to submit to urinalysis or blood testing will be considered in violation of CRA policy and will be subject to personnel action up to and including termination. All specimen collection and testing for drugs under this section shall be performed in accordance with the procedures set forth in section 112.0455, Florida Statutes. 1. Job applicant drug testing. The CRA requires job applicants for safety sensitive positions to submit to a drug test and may use a refusal to submit to a drug test or a positive confirmed drug test as a basis for refusing to hire a job applicant. 2. Reasonable-suspicion drug testing. The CRA requires an employee to submit to reasonable-suspicion drug testing when there is a belief that an employee is using or has used drugs in violation of the CRA's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. C. A report of drug use, provided by a reliable and credible source. d. Evidence that an individual has tampered with a drug test during his employment with the CRA. e. Information that an employee has caused, contributed to, or been involved in an accident while at work. If an injured employee refuses to submit to a test for drugs or alcohol, the employee may forfeit eligibility for medical and indemnity 00950371-1 3 3 benefits under Chapter 440, Florida Statutes, the Workers' Compensation Law. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the CRA's premises or while operating the CRA's vehicle, machinery, or equipment. If drug testing is conducted based on reasonable suspicion, the CRA shall promptly detail, in writing, the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential by the CRA and shall be retained by the CRA for at least one year. 3. Routine fitness-for-duty drug testing. An employee may be required to submit to a drug test as part of a routinely scheduled employee fitness-for-duty medical examination if such examination is part of an established policy or is scheduled routinely for all members of an employment classification or group. 4. Follow-up drug testing. If the employee in the course of employment enters an employee assistance program for drug- related problems, or a drug rehabilitation program, the CRA will require the employee to submit to a drug test as a follow-up to such program, unless the employee voluntarily entered the program. In those cases, The CRA has the option to not require follow-up testing. If follow-up testing is required, it must be conducted at least once a year for a 2-year period after completion of the program. Advance notice of a follow-up testing date must not be given to the employee to be tested. The CRA may test an employee or job applicant for a safety-sensitive position for any drug. "Drug" means alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating liquor; an amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of any of the substances listed in this paragraph. The CRA may test an individual for any or all of such drugs. Before and/or after testing, employees or applicants should provide to the testing organization information on medication being taken. This information is confidential, and the testing laboratory will take this information into consideration. Please be advised that prescription pain 00950371-1 34 killers, diet prescriptions, tranquilizers, and cough medicines may contain drugs for which tests are run. The testing laboratory can provide technical information on prescription and non-prescription drugs as they affect the tests. The following is an non-inclusive list of some of the over-the- counter and prescription drugs could alter or affect the outcome of a drug test: 1. Alcohol - All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vicks Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof), and Listerine is 26.9% (54 proof). 2. Amphetamines - Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex. 3. Canabinoids (Marijuana) - Marinol (Dronabinol, THC). 4. Cocaine - Cocaine HCI topical solution (Roxanne). 5. Pencyclidine - not legal by prescription. 6. Methaqualone - not legal by prescription. 7. Opiates - Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, etc. 8. Barbiturates - Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butabital, Phrenilin, Triad, etc. 9. Benzodiazepines - Activan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Vestran, Halcion, Paxipam, Restoril, Centrex. 10. Methadone - Dolphine, Methadose. 11. Proposyphene - Darvocet, Darvon N, Dolene, etc. Testing 00950371-1 3 5 All specimen collection and testing for drugs under this section will be conducted by the current vendor as identified by the CRA's HR designee and shall be performed in accordance with the requirements of Section 440.105(5), Florida Statutes, including the following procedures: 1. A sample shall be collected with due regard to the privacy of the individual providing the sample, and in a manner reasonably calculated to prevent substitution or contamination of the sample. 2. Specimen containers will be labeled so as to reasonably preclude the likelihood of erroneous identification of test results. Specimen collection, storage, and transportation to the testing site shall be performed in a manner that reasonably precludes contamination or adulteration of specimens. 3. A form for the employee or job applicant will be furnished to provide any information the employee considers relevant to the test, including identification of currently or recently used prescription or nonprescription medication or other relevant medical information. The form will include the most common medications by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test. The providing of information shall not preclude the administration of the drug test, but shall be taken into account in interpreting any positive confirmed test result. 4. The CRA shall pay the cost of all drug tests, initial and confirmation, which the CRA requires of employees. An employee or job applicant shall pay the costs of any additional drug tests not required by the CRA. Positive Tests: Actions and Consequences 1. Within 5 working days after receipt of a positive confirmed test result from the medical review officer, the CRA shall inform an employee or job applicant, in writing, of such positive test result, the consequences of such results, and the options available to the employee or job applicant. The CRA shall provide to the employee or job applicant, upon request, a copy of the test results. For purposes of this Section, "Medical review officer" shall be a licensed physician, employed with or contracted with the CRA or HR Department, who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures; and who has the necessary medical training to interpret and evaluate an employee's positive test result in relation 00950371-1 3 6 to the employee's medical history or any other relevant biomedical information 2. Within 5 working days after receiving notice of a positive confirmed test result, an employee or job applicant may submit information to the CRA explaining or contesting the test result, and explaining why the result does not constitute a violation of the CRA's policy. 3. If the employee's or job applicant's explanation or challenge of the positive test result is unsatisfactory to the CRA, a written explanation as to why the employee's or job applicant's explanation is unsatisfactory, along with the report of positive result, shall be provided by the CRA to the employee or job applicant; and all such documentation shall be kept confidential by the CRA in accordance with the provisions set forth later in this section and shall be retained by the CRA for at least one year. 4. The CRA may not terminate, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer. 5. Every specimen that produces a positive, confirmed test result shall be preserved by the licensed or certified laboratory that conducted the confirmation test for a period of at least 210 days after the result of the test was mailed or otherwise delivered to the medical review officer. However, if an employee or job applicant undertakes an administrative or legal challenge to the test result, the employee or job applicant shall notify the laboratory and the same shall be retained by the laboratory until the case or administrative appeal is settled. During the 180-day period after written notification of a positive test result the employee or job applicant who has provided the specimen shall be permitted by the CRA to have a portion of the specimen retested, at the employee's or job applicant's expense, at another laboratory, licensed and approved by the Agency for Health Care Administration, chosen by the employee or job applicant. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory that performed the test for the CRA is responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during such transfer. 6. An employee found through testing to have an alcohol concentration of 0.05 in his or her system while at work will be immediately removed from his or her workstation and may be terminated, disciplined or referred to the employee assistance 00950371-1 3 7 program (EAP) for counseling. An employee who is diagnosed as having a mind-altering substance in his or her system while at work and such results are verified by a confirmation test, will be put on probation and may be subject to termination and/or forfeiture of his or her eligibility for medical and indemnity benefits. If an accident has occurred while the employee was under the influence of any drug including alcohol, the employee faces the risk of forfeiture of workers' compensation benefits. 7. At the discretion of the Executive Director, an employee can be given the opportunity to participate in the CRA-approved assistance program with continued employment conditioned on remaining drug-free. Abstinence from drugs will be determined by random follow-up blood and/or urine drug tests. Confirmation Testing 1. If an initial drug test is negative, the CRA may in its sole discretion seek a confirmation test. 2. Only licensed or certified laboratories may conduct confirmation drug tests. 3. All positive initial tests shall be confirmed using gas chromatography/mass spectrometry (GC/MS) or an equivalent of more accurate scientifically accepted method approved by the Agency for Health Care Administration or the United States Food and Drug Administration as such technology becomes available in a cost-effective form. 4. If an initial drug test of an employee or job applicant is confirmed as positive, the medical review officer shall provide technical assistance to the CRA and to the employee or job applicant for the purpose of interpreting the test result to determine whether the result could have been caused by prescription or nonprescription medication taken by the employee or job applicant. Confidentiality 1. Except as otherwise provided in this subsection, all information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received or produced as a result of a drug- testing program are confidential and exempt from the provisions of section 119.07(a) and section 24(a), Art. 1 of the State Constitution, and may not be used or received in evidence, obtained in 00950371-1 3 8 discovery, or disclosed in any public or private proceedings, except in accordance with this section or in determining compensability under this chapter. 2. The CRA, laboratories, medical review officers, employee assistance programs, drug rehabilitation programs, and their agents may not release any information concerning drug test results obtained pursuant to this section without a written consent signed voluntarily by the person tested, unless such release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal taken under this section or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The written consent must contain, at a minimum: a. The name of the person who is authorized to obtain the information. b. The purpose of the disclosure. C. The precise information to be disclosed. d. The duration of the consent. e. The signature of the person authorizing release of the information. 3. Information on drug test results shall not be used in any criminal proceeding against the employee or job applicant. Information released contrary to this section is inadmissible as evidence in any such criminal proceeding. 4. This subsection does not prohibit the CRA, agent of the CRA, or laboratory conducting a drug test from having access to employee drug test information or using such information when consulting with legal counsel in connection with actions brought under or related to this section or when the information is relevant to its defense in a civil or administrative matter. 5. The exemptions in this subsection are subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida Statutes. Miscellaneous 00950371-1 3 9 1. If the CRA terminates or disciplines an employee or refuses to hire a job applicant in compliance with this policy statement, such termination or discipline or refusal is considered "for cause." 2. No physician-patient relationship is created between an employee or job applicant and the CRA or any person performing or evaluating a drug test, solely by the establishment, implementation, or administration of a drug-testing program. Employees injured in the course and scope of employment that test positive on drug or alcohol tests may forfeit medical and indemnity benefits under Florida's Workers Compensation. Refusal to take drug or alcohol tests also results in forfeiture of medical and indemnity benefits under Florida's Workers Compensation and automatic termination of employment. Reasonable assistance is offered to employees who voluntarily recognize a substance abuse problem. However, performance standards are upheld even if 'Below Expected' performance is related to drug or alcohol use; such instances result in disciplinary actions. 5-7 Accommodations for Employees with Disabilities Reporting Procedure Individuals with disabilities may make a request for reasonable accommodations to his/her direct supervisor or the CRA Human Resources designee. Upon receipt of an accommodation request, Human Resources will meet with the requesting employee to discuss and identify the precise limitations of job and/or life functions resulting from the disability and the potential accommodations the CRA might make to overcome those limitations. Feasibility The CRA shall determine the feasibility and reasonableness of the requested accommodations, the availability of tax credits and deductions, outside funding, overall financial impact of accommodations and the potential impact on the operation of the CRA, including the impact on the ability of other employees to perform their duties. Notification The CRA will inform the requesting employee of its decision on the accommodation request and, when appropriate, the steps necessary for making the accommodation. A decision under this section shall be reviewable in accordance with the grievance procedures outlined in Section 3 of this manual. 00950371-1 40 SECTION 06: EMPLOYEE BENEFIT PROGRAMS 6-1 VACATION LEAVE: A. Purpose of Vacation Leave The purpose of vacation leave is to provide regular full-time exempt and non- exempt employees with an opportunity to be absent from work for approved reasons without loss of pay or benefits. B. Accrual Rate and Maximum Accrual Vacation leave is accrued based on the employee's length of service with the CRA. New employees accrue vacation leave days retroactive to their hire date and may begin to use such vacation leave accrual upon completion of the ninety (90) day probationary period initiated with the employee's first day of employment. Accrual rate, as outlined in the following table shall occur from the date of initial employment and accrue per completion of the established pay period cycle. All references to "years of service" are defined as "continuous" years of service for the purposes of this policy. Pay Annual Annual Years of Service Period Hours Days Accrual Years 1 through 4 3.08 80 10 Years 4 through 9 4.62 120 15 Years 10 and after 6.15 160 20 The maximum number of vacation hours that an employee may accrue cannot exceed 320 hours. Any vacation hours accrued in excess of 320 hours as of September 30th of each fiscal year will be forfeited. Upon separation the CRA will pay out the accrued vacation time up to a maximum of 320 hours. 6-2 SICK LEAVE: As each month passes, a regular full-time exempt or non-exempt employee accumulates one (1) eight (8) hour day of sick leave to a total of twelve (12) days per year constituting a maximum ninety-six (96) hours per year. Sick leave with pay shall be computed from the hire date of the employee with accumulation of sick leave not to exceed 480 hours or sixty (60) working days. Upon separation the CRA will pay out the accrued sick time up to a maximum of 480 hours. An employee will be granted sick leave if the employee's absence from work is necessitated by one (1) of the following reasons: 00950371-1 4 1 A. Employee's health or the health of an immediate member of the employee's family. (For purposed of this section, "immediate family" is defined under Definitions, Section 1-4). B. Medical, dental or optical treatment, which is necessary during working hours. C. Quarantine due to exposure to a contagious disease. All requests for more than three (3) consecutive days of sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for duty. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. Employee absences for more than three (3) consecutive days due to national, state, or local emergencies will not require a doctor's certification. A Sick Leave Sharing Program is available for full-time employees who are absent from the workplace for an extended period of time due to an illness, . accident c ,,, !j„q, „ , m,],y I gy2 and have depleted both their accrued sick leave time, family leave time, and accrued vacation time. Employees wishing to donate time may use either accrued sick or vacation time, but must have 80 hours remaining in each contributing bank (sick or vacation) after the donation. Requests will be granted at the discretion of the CRA Executive Director. 6-3 HOLIDAYS: A. The following holidays will be observed each year: New Years Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Eve Christmas Day B. Other days as specifically designated from time-to-time. The CRA Executive Director reserves the right to declare these and any other holidays on a date designated by the CRA Executive Director; such dates do not 00950371-1 42 necessarily have to be on the specified traditional date, but on the date that meets the best interest of the CRA. Regular full time employees shall be paid for the legal holidays at their current pay rate. Regular full time non-exempt employees who work on a holiday shall also be paid for their holiday plus the time worked at straight time. Regular full- time employees must be in pay status during regular workdays immediately before the holiday and after the holiday in order to receive pay for the holiday. Part-time, temporary, and emergency appointed employees are not entitled to holidays with pay. 6-4 COMPASSIONATE LEAVE: Employees may be granted by the CRA Executive Director, upon request, up to five (5) working days of compassionate leave with pay due to a death in an employee's Immediate Family. Under extreme circumstances and with the written approval of the CRA Executive Director, the leave may be extended. Any additional time, which may or may not be granted in addition to the five (5) days, shall be charged against accumulated sick leave, vacation or personal holiday time. 6-5 JURY DUTY: Any employee summoned for jury duty or to be a witness related to CRA business shall comply with such summons without loss of pay. Any compensation received as a result of compliance with such summons shall be returned to the CRA, less any amount attributable to an allowance for mileage. If an employee is summoned to appear for jury duty or as a witness, the employee must notify the CRA Executive Director or HR Designee immediately. An employee receiving a witness summons for non-CRA business must use accrued vacation or compensatory time to cover the work hours missed. 6-6 MILITARY LEAVE: Policy The CRA recognizes an employee's responsibility to fulfill U.S. Military Armed Forces obligations or annual training sessions or active duty call-up and provides this benefit to eligible employees. It is the policy of the CRA to comply with the Uniformed Service Employment and Reemployment Act of 1994, as amended (USERRA) and all state laws governing employment and reemployment of employees serving in the armed services. 00950371-1 43 The CRA prohibits discrimination against employees on the basis of military duty, affiliation or status and requires reinstatement of an employee following military leave to the same position or a position of like seniority, status and pay, as provided by state and federal law. Notice Period Unless precluded by military necessity or circumstances under which the giving of notice is otherwise impracticable or unreasonable, the employee (or appropriate officer of the uniformed service in which the employee is to serve) must give as much advance written or oral notice as possible of the need for military leave. Inactive Duty If an employee is a member of a reserve unit, and is required to attend training or annual two-week drill, or any other mandatory military exercise, the employee may elect to take annual leave, if sufficient leave has been earned, or to take a military leave of absence. Active Duty If an employee is absent from work due to active military service, The CRA will grant the employee a leave of absence for the duration of such period of service up to the maximum required by USERRA. Reemployment Under USERRA, an employee is entitled to reemployment by the CRA upon separation from the military service provided the employee. • Was honorably discharged or terminated from service. • Was employed in a position for which there was an expectation of continued employment. • Has not been absent for duty in the Uniformed Services for longer than a cumulative period of five years unless involuntarily retained in the Uniformed Service. • In all cases, an employee will be reinstated in accordance with applicable federal and state law. • Reported to work or notified his or her supervisor of an intention to return to work, at the proper time as indicated in the following table: Period of Service Action Employee When Action Must Be Taken Must Take from Completion of Service 1-30 days Report to Work (1) On the next regularly scheduled work shift on the first calendar day after service 00950371-1 44 ended, plus the time for transportation back to employee residence of 8 hours rest— OR— (2) as soon as possible after the 8 hour rest period, if, through no fault of the employee, it would be impossible or unreasonable to report within the time period described in (1). 31-180 days Notify supervisor in Within 14 calendar days. writing of intent to return to work. 181 or more days Submit a written Within 90 calendar days after request for completing service. reemployment. If complying with a deadline is impossible or unreasonable through no fault of the employee, notice shall be submitted upon the next first full calendar day when submitting the request becomes possible. This policy may not address all issues concerning your rights during military leave. Insofar as issues arise that are not addressed in this policy, the CRA will abide by USERRA and any controlling state laws. Should you have any questions or require further information, please see Human Resources for further information regarding military leave. 6-7 DISABILITY: Regular full time exempt and non-exempt employees may experience illness or disability requiring that an employee is unable to work for a duration of time, which may or may not be defined at the onset of the illness or disability. Employees under a physician's care that require an extended duration of time away from work due to such illness or disability will have their positions (or a position of equal compensation and comparative duties/responsibilities) held for a maximum of One Hundred Sixty (160) working days, constituting a total of 1,280 hours. Employees exercising provisions of this section may continue their regular compensation through use of the employee's accrued sick, annual, and/or any otherwise authorized accumulated/credited leave time that has been earned/accrued by the employee and recorded by the CRA. Employees who do not return to work at or prior to the expiration of the allowable 1,280 hours will be deemed to have abandoned their position with the CRA. 00950371-1 45 For procedures to request an accommodation for disability, see section 5-7 above. 6-8 LIFE INSURANCE: See section 6-10 below. 6-9 LEAVE WITHOUT PAY: A regular full time exempt or regular non-exempt employee may be granted leave of absence without pay for a period not to exceed One Hundred Sixty (160) working days (1,280 hours) for illness, disability or other reasons. Such reasons, other than physician attended illness or disability, must be outlined in writing and submitted to the CRA Executive Director for review and approval or denial. Employees may not be employed elsewhere during an authorized Leave without Pay period of time. Such leave shall require the prior approval of the CRA Executive Director. Employees that are on approved leave of absence without pay will be responsible for paying the premiums and/or other established payroll deduction requirements for continuation of benefits. Employees will not continue to receive time accrual for any benefits during the duration of the Leave without Pay Period, except as may be provided for under State and/or Federal Law. 6-10 FAMILY and MEDICAL LEAVE A "T. LI IA Farnilv and Medical Leave Act Act ;F-19 ; . R Fart 82 5, a s amended J an u,,, ry `l Q, ")QQcAi. A cm l e CRA cc wr c hcc cr cd by th , to at least 12 months and r r� ithe 12 months irrimpdi tcl pr q....................... ....the� ....commencement..... ....l v�q.....r guest .....is.....entitled...to... . ....��. . weeks of leave durin montri .keno r. ... . .e.. f the follcwi. �.re � �.. . Birth and care of the employee's ttild, within one year of birth, b. Placement with the employee of a child for adoption or foster care, within one year of such placement; -bc. Care of a spouse, child or parent who has a serious he ltrionditicr_- -sd,. �cic cc`s cwrcric€ rcltr crditicr which results in the inabilityof the — mmmmm� employee to perform the essential functions of his or her job: e. Exigent circumstances arising out the fact that the employee's spouse, son, daughter, or parent is on active duty or has been notified of an impending call to active duty in the U.S. National Guard or Reserves in support of a contingency operation. An eligible employee is entitled to 26 weeks of unpaid workweeks of Military Caregiver Leave during a single 12-month period to care for a covered 00950371-1 46 servicemember with a serous iniuLy or illness if the spouse, child, parent or next of kin of the servicemembers. Spouses who are both employees of the CRA may be limited to a combined total of 12 weeks of FMLA leave during any 12-month period if the leave is taken- to care for an employee's parent with a serious health condition; for the birth of a child or to take care of a child after birth; or for the placement of a child with the employee for adoption or foster care or to take care of such child (or a combined total of 26 months during a 12-month period of the leave is requested to take care of a covered servicemember with a serious injury or illness). family I ly eq to male and female e es. A father as ...................................................... well as a mo t take family leave because of the birth or serious health conditions of a child. Eligible employees are entitled to take leave from work for reasons q.................................................................................................................................................................................. , oursuant to the Federal RA(lulation s of the Family and Medical Leave Act (FMLA), IIuman Resources willfoyjd2 _!njpL .....o ith information on FMLJ\ and the P ,renuired forms when needed. Employees must provide at least 30 days notice prior to leave if the need for leave is foreseeable; or as soon as practicable, when the need for leave is not foreseeable. Absent unusual circumstances, a request for FMLA leave should be made using the same forms and process as the employee would for other requests for leave. In requesting leave under FMLA, employees should provide details sufficient for the CRA to determine whether the reason for the requested leave qualifies under FMLA. The CRA reserves the right to require that a serious health condition or serious illness or injury be supported by a certification from the employee's o family member's health care provider. The CRA may also require periodic reports of the employee's status and intent to return during FMLA leave. If an employee takes FMLA leave for his or her own serious health condition, the CRA may require the employee to submit a certification from the employee's health care provider, that the employee is able to perform the essential functions of his or her position with the CRA. If the CRA requests certification of a serious health, condition, or serious illness or injury, the employee will have 15 days to provide the requested documentation. Failure to provide the requested documentation within 15 days, without a valid excuse may result in a denial of the leave. Em )lo ee granted leave under FMLA are renuired to use accrued sick leave while on FMLA. Should sick leave be exhausted while on FMLJ\ leave 2eM2!2�ees oro entitled to use accrued vacation leave. The gagcgcfrgugj_paid leave used will be considered F, LA-protected leave an counted against the F'MLA leave entitlement. �W\Nhen medically necessgfy, n ly or on a reduced leave schedule for his/her own serious health condition or that of a family member or—for the birth, care or placement of a child if the schedule error gen ent is agree to try the Executive Director or his/her designee. 00950371-1 47 EM!2 k and vacation accruals are �oli�ible_fordo�natedleave time from CRA employees. LAD_emp,Ig,Y22_� to a .....o ail i qil',i..........e ..........q benefits, and other terms and conditions of emr)lo is Leave will not result in the loss of any nrr-Onilsly accrued seniorit or e, ployment 115:;i aid leave accruals or bor s. Whether an ei to n ori aid leave a art of the e current I-IPolicies on accruals 2hall a ly 2p .__ 1-1ealth care benefits will continue thrOLJc h an e-1-vee's leave under the same terms and conditions as if the employee had not taken leave. LAD_emp,Ig,ygg_ori unp for d endent co ora e that the e Flo ee had be fa it prior to the leave. Pa meat will be due on the same schedule a meats are made under COBRA. Failure to make timely premium payments may result in a lapse of coverage. The CRA may recover health coverage premiums pi for ars om jgyge who ............... fails to return from leave exceot if t,h,e,,,,,re,a,s,oni,st,hec,o,n,t,i,n,u,a,t,i,oLI......r,e,c,ur,r,e,n,ce ................ or onset of a serious health condition or something elseIb2too emiD.Igygg:,,cj control. ..his is gg i n. 6-11G MEDICAL, DENTAL, VISION, LIFE INSURANCE: The CRA will offer regular full time employees medical, dental, vision and life insurance coverage utilized by the City of Boynton Beach as defined in Resolution No. R06-059 dated February 14, 2006 and as may be amended from time-to-time. The CRA will cover the cost for exempt and non-exempt full time employee insurances. The CRA employee will cover any additional cost for any additional coverage selected for spouse and/or children of the employee. All full time non-exempt and exempt employees are eligible for benefits the first day of the month following 30 calendar days from the employee's hire date. Part time, temporary, and emergency hire employees are not eligible for benefit coverage. Employees on approved leaves of absence must pay the non-subsidized rate for all insurances in effect during their leaves of absence. Upon either voluntary or involuntary termination of employment, benefit payments for medical, dental, vision, and life/disability will continue to be fully paid for by the CRA through the last day of the month following ninety (90) days 00950371-1 48 after the date of employment termination. For example, if the last day of employment is January 15th, benefits will be paid in full by the CRA through the last day of April, or April 30. Regular full time non-exempt and exempt employees that decline (opt out) of medical benefit coverage shall receive a 50% payment in lieu of the associated expense that would have been borne by the CRA. The 50% payment will be calculated using the current payment required by the CRA for employee only medical coverage and shall be included in the employee's bi-weekly pay. 6-124- RETIREMENT: All regular full time exempt and non-exempt employees will be eligible to participate in the CRA's 457(b) Deferred Compensation Plan and 401(a) Profit Sharing Retirement Plan. The 457(b) Deferred Compensation Plan is contributory on the part of the employee and is effective at the end of the employee's probationary period. The CRA will match employee contributions up to 5% of the employee's gross salary on an annual basis starting each fiscal year (October through September). The employee is 100% vested immediately upon the employee's achieving full employment status at the end of their probationary period. There is no match by the CRA if the employee elects NOT to participate in the 457(b) Deferred Compensation Plan. The 401(a) Lump Sum Employer Contribution Retirement Deferred Compensation Plan is non-contributory on the part of the employee. Eligibility for this contribution is based upon the employee's successful completion of the Initial Probationary Period. The amount of the Lump Sum Employer contribution, if granted, is based upon a Uniform Retirement Percentage as determined by the CRA Board and is administered by the CRA Plan Coordinator. Employee's that complete their probationary period during any month of the fiscal year will have the employer contribution prorated. By way of example, if an employee is eligible to receive $3,400.00 (based on an annual salary of $50,370.00) for a full year's employer lump sum contribution the employee will receive a prorated share of that amount for the months between the end of their probationary period and September 30th The employer's full contribution calculation will commence with the start of the next fiscal year. Eligible employees may receive profit sharing contributions regardless of whether they participate in the 457(b) Deferred Compensation Plan. Actual payment of contributions to the 401(a) Lump Sum Employer Contribution Plan is at the discretion of the CRA and may be made at any time during the fiscal year as determined by the CRA Plan Coordinator. 00950371-1 49 6-1;12- DOMESTIC PARTNER BENEFITS PURPOSE: The Boynton Beach Community Redevelopment Agency (sometimes referred to as the "CRA" in this policy) recognizes that there are many individuals who establish and maintain a significant personal, emotional, and economic relationship with another individual but who choose not to marry. Individuals forming such a domestic partnership often live in a committed family relationship with one another. Domestic partners are often denied certain rights and benefits because there is no established system for such a relationship to be registered and recognized. The Boynton Beach Community Redevelopment Agency recognizes that providing equal benefits is in the best interests of the citizens, residents, and businesses of the Community Redevelopment Agency and promotes a fair and equitable work environment for our employees. SCOPE: This policy applies to all regular full time and part time employees of the Boynton Beach Community Redevelopment Agency. DEFINITIONS: 1. CRA employee means currently employed or retired employees of the Boynton Beach Community Redevelopment Agency, Florida, who are eligible for benefits pursuant to federal, state, or city laws, Boynton Beach Community Redevelopment Agency Policies, or collective bargaining agreements. 2. Declaration of Domestic Partnership means a declaration prepared by the Department and signed under penalty of perjury, which affirms that the individuals referenced in the declaration meet the requirements of a domestic partnership relationship as described in Subsection D. The Declaration of Domestic Partnership shall only be valid as it relates to the Boynton Beach Community Redevelopment Agency employee benefit program. 3. Department means the Boynton Beach Community Redevelopment Agency Human Resources Department. 4. Domestic Partners means only two (2) adults who are parties to a domestic partnership relationship and who meet the requisites for a valid domestic partnership relationship as established pursuant to Subsection D. 5. Dependent, as used with regard to domestic partnership benefits, pursuant to Subsection G, means the domestic partner of a CRA employee. 00950371-1 5 0 6. Dependent of domestic partner or dependent of employee, as used with regard to domestic partnership benefits, pursuant to Subsection G, means a person who is eligible for coverage under the CRA's insurance plans. 7. Jointly Responsible means each domestic partner mutually agrees to provide for the other partner's basic food and shelter living expenses while the domestic partnership relationship is in effect, except that partners need not contribute equally or jointly to said basic food and shelter. 8. Mutual Residence means a residence shared by the registered domestic partners; it is not necessary that the legal right to possess the place of residence be in both of their names. Two people may share a mutual residence even if one or both have additional places to live. Domestic partners do not cease to share a mutual residence if one leaves the shared place but intends to return. POLICY: The Boynton Beach Community Redevelopment Agency offers group medical insurance for all full and part time employees and their eligible dependents. Payments for dependent coverage will be deducted from the employee's paycheck pursuant to Boynton Beach Community Redevelopment Agency paycheck policies. Domestic partners of employees shall be considered an eligible dependent if they have completed and submitted the Boynton Beach Community Redevelopment Agency Employee Affidavit of Domestic Partnership form and all necessary documentation required by the form, to include: • RESIDENCE — at least two of the following : copy of mortgage document or lease showing both names (joint ownership or leaseholders), copy of marriage certificate or civil union from another state (for same-sex partnerships), copies of drivers licenses or State of Florida identification cards, or tax returns showing the same address. • FINANCIAL RESPONSIBILITY — at least two of the following: copy of statement from a joint bank account, credit cards with same account number for both partners names, vehicle title showing common ownership, a beneficiary designation form for a retirement plan or life insurance policy showing that one domestic partner is the beneficiary of the other, or wills which designate the other as the primary beneficiary. (See Appendix H for form.) Dependent children of the domestic partner may also be considered eligible dependents under the following conditions: 00950371-1 5 1 • The child(ren) reside with both the employee and the domestic partner, and the domestic partner is responsible for the child(ren)'s well-being; or the domestic partner is required to provide medical coverage for the child(ren) by court order; or • The child(ren) qualifies as the domestic partner's dependent(s) for tax purposes under the federal guidelines; and • The child(ren) meets and continues to meet the eligibility requirements as outlined in the Dependents Eligibility section of the Affidavit of Domestic Partnership form. An Affidavit of Termination of Domestic Partnership must be completed within 30 days of when the domestic partnership eligibility requirements are no longer met or within 30 days of the death of a domestic partner. Coverage of the domestic partner will terminate on the date of death of the domestic partner or on the last day of the first month that the domestic partner and/or domestic partner's eligible dependent child(ren) fails to continue to meet all of the applicable domestic partnership eligibility requirements. (See Appendix H for form.) PROCEDURE: When a domestic partnership has been established in accordance with the definitions listed above, a Boynton Beach Community Redevelopment Agency Employee Affidavit of Domestic Partnership form must be completed along with all the necessary documentation, in order for an employee's domestic partner to be eligible as a covered dependent for health and/or dental and/or vision insurance coverage. The Boynton Beach Community Redevelopment Agency Employee Affidavit of Domestic Partnership form can be obtained from the Human Resources and must be completed in full and submitted to Human Resources for consideration of approval of benefits. SECTION 07: CREDIT CARD POLICY 7-1 POLICY AND FORMS: PURPOSE: The Boynton Beach Community Redevelopment Agency's ("CRA") Purchasing Card (credit card) policy is designed to improve efficiency in processing purchases approved in the annual CRA budget for official CRA business of a public purpose. This program will allow the cardholder to purchase approved commodities and services directly from our vendors. Each purchasing credit card is issued to a named individual and the Agency's name is clearly shown on the card as the governmental buyer of the goods and services. 00950371-1 52 The purpose of this policy is: 1. To provide an efficient method of purchasing and paying for goods and services as approved in the annual CRA budget for Agency business of a public purpose. 2. To ensure that the CRA bears no legal liability from the inappropriate use of the procurement credit cards. 3. To provide for disciplinary action if the purchasing credit cards are m isused. Credit Cards are issued to each member of the CRA staff and monthly credit limits are set according to the responsibilities of each position. Procedures General: • With the exception of the Executive Director and the Finance Director, all employee ("Cardholder") credit cards will be secured by the Finance Department. • Credit cards will be released to the Cardholder by the Finance Department, Executive Director or designee upon approved business purchases(s) (verbal or email to Executive Director, copy to Finance Department). • Cardholder will return credit card to Finance Department along with a copy of the receipt immediately after approved purchase(s) or business trip. • Cardholder will retain original receipt and attached to monthly credit card reconciliation form in accordance with procedures outlined below. Cardholder: • Complies with procurement policies and procedures. • Assures that budget exists for purchased items. • Assures receipts identify detail of items being purchased. • Identifies account number, associated dollar value, and reason for purchase on each purchase receipt. • Hold original receipts for monthly credit card reconciliation. • Completes monthly credit card reconciliation and submits to Finance department for payment. • Identify disputed charges. • Responsible for all purchase transactions on the assigned purchasing credit card. Finance • Requests from credit card vendor purchasing card for designated employees. • Sets spending limits for each cardholder. 00950371-1 5 3 • Provides Purchasing Card agreement to employee. Maintains executed agreement. • Secures employee credit cards. • Releases credit card to employee for approved business purposes. • Receives consolidated and individual statements and distributes to cardholders for reconciliation. • Receives completed employee monthly credit card reconciliations. • Approve/disapprove all purchasing card requests. • Obtains Executive Director approval on individual cardholder reconciliations. • Coordinate issuance and cancellations of cards. • Participate in resolving billing disputes. • Pay all monthly charges from consolidated statement. • Collects cards from cardholders that terminate employment. LOST OR STOLEN PURCHASING CARDS a. If a purchasing card is lost or stolen, the Cardholder must immediately notify the issuing bank and the CRA Finance Department of the loss, verbally and in writing. b. The Cardholder will be responsible for reporting all information necessary to minimize the liability to the CRA for a lost or stolen card. TERMINATION OR TRANSFER OF CARDHOLDER a. When an employee ends his or her employment, Finance shall immediately collect the purchasing card and destroy it. b. If the Finance is unable to collect the purchasing card when an employee terminates, the Finance department will immediately notify the issuing bank to ensure that the card is cancelled. LIMITATIONS ON USE OF PURCHASING CARD CARDHOLDER USE ONLY The purchasing card may be used only by the employee whose name is embossed on the card. No other person is authorized to use the card. The Cardholder is responsible and accountable for all transactions that occur on his/her card. CRA PURCHASES ONLY 00950371-1 54 The purchasing card is to be used for CRA authorized purchases only. The purchasing credit card cannot be used for any personal use. If personal use is unavoidable in the context of travel, the employee will segregate and document such charges and reimburse the CRA accordingly and immediately (see Travel & Entertainment Policy). If items of a personal nature are charged by the employee in error, the employee must immediately submit a check to the Finance department reimbursing the CRA and document such personal use in memorandum form. Personal use will require immediate reimbursement and can result in disciplinary action which may include cancellation of the employee's purchasing card privileges, dismissal and/or criminal charges. In addition to any administrative and disciplinary action that may be taken, the employee may be required to reimburse the CRA for the total amount of the improper charges through payroll deduction or direct payment. PROHIBITED USES OF PURCHASING CARDS The following types of items may not be purchased with a purchasing card, regardless of the dollar amount. • Cash advances • Personal use items PURCHASING CARD SECURITY Your purchasing card should always be treated with at least the same level of care that you do with your own personal credit cards. a. STORAGE OF THE PURCHASING CARD Keep your purchasing credit card in an accessible but secure location. Since you, as the Cardholder, will be the only one using the purchasing card, it needs to be accessible only to you. b. ACCOUNT NUMBER Guard the purchasing card account number carefully! Do not post it at your desk or write it in your day planner. C. SHARING OF CREDIT CARD The only person entitled to use the purchasing card is the person whose name appears on the face of the card. Do not lend your purchasing card to another person for use. d. LOST OR STOLEN CARDS If the purchasing card is lost or stolen, you must immediately notify the credit card issuer, document the report, and notify the Finance Department. 00950371-1 5 5 MISSING DOCUMENTATION If for some reason the Cardholder does not have documentation of the transaction to support the transaction on the monthly statement, the Cardholder must attach a signed certified description of the purchase. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card privileges. Attached Forms o CRA Purchasing Card Program Employee Agreement o Credit Card Reconciliation Form 00950371-1 5 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT I, - (employee name) (employee social security number), hereby request a Purchasing Credit Card ("Card"). As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers." I understand that the CRA is liable to credit card companies for all charges made on the Card. I agree to use this Card for official business related purchases only and agree not to charge personal purchases. I understand that the Card may not be utilized for cash advances. I will not permit another individual to utilize the Card issued to me. I understand that the CRA will review the use of this Card and take appropriate action on any discrepancies. It is my responsibility to ensure that the supplier has the CRA's tax-exempt number. I agree to return the Card immediately upon request or upon termination of employment, including retirement. I understand that the CRA or Purchase Credit Card companies may suspend or cancel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: providing supporting charge slips/receipts and listing the reason for the purchase or job it pertains to for all transactions appearing on the statement. I agree with all of the terms and conditions of the Purchasing Manual on the assignment and control of the Purchasing Credit Card. If the Card is lost or stolen, I agree to immediately notify the Finance department immediately (1-561-737-3256) of the loss, verbally, and in writing. Employee Signature and Date Witness Signature and Date Director of Finance and Date 00950371-1 5 Credit Card Reconciliation Form Name Date Date of Expense Amount PO# Account Vendor Business Purpose Participants Coding for Office Supplies 51230-310 $ - 51325-310 $ - 51440-310 $ - 57400-310 $ - 57500-310 $ - Total $ - Total $ - Billed Note: This is the amount showing on your credit card Amount statement. Note: After all expenses are recorded, the difference should be Difference t $0.00. Employee Signature Date Finance Department Signature Date Executive Director Signature Date 00950371-1 5 8 SECTION 08: COMMUNICATIONS SYSTEMS POLICY 8-1 Statement of Policy. Electronic communications, including the contents of CRA owned computers, telephones and facsimiles are the property of the CRA. This policy is intended to apply to employees' use of their personal equipment that may be used on CRA property (including CRA vehicles), or during CRA-related activity. The purpose of this policy is to set forth guidelines regarding access to and dissemination of information/messages sent or received by CRA employees. The internet, email, phone mail or other communications or information systems of the CRA are not to be used in any manner that is offensive, disruptive, abusive or harmful to others or to CRA morale. Employees in violation of this policy are subject to disciplinary action, up to and including termination. 8-2 No Expectation of Privacy: The CRA treats all computer files, including but not limited to email sent or received, as CRA-related information, and unless expressly exempt, a public record under Chapter 119, Florida Statutes. The CRA has the ability and the right, with or without notice, to access, monitor, review, copy and/or delete any computer files, including but not limited to emails sent or received, and all internet-based and internal communications and/or transactions. If an employee makes incidental use of the CRA's computer system for personal files or email, such employee has no expectation that such personal files will be protected from review and/or deletion by the CRA. Accordingly, employees should not use CRA computer systems to create, transmit or store any information they wish to keep private. Because the CRA is sensitive to legitimate privacy rights of employees, effort will be made to conduct workplace monitoring in a respectful manner. 8-3 Use of Systems for Harassment: Use of the CRA computer system, or of any technology, whether owned by CRA or not to engage in communication that violates CRA policy is strictly prohibited. The CRA prohibits the display, storage or transmission of sexually explicit images, messages, cartoons, or any transmissions or use of communications that contain profane of offensive language; ethnic, religious or racial slurs; or any other communication that will likely be construed as harassment or disparagement of others based on race, color, national origin, gender, age, disability, religion, sexual orientation or political beliefs. 00950371-1 5 9 8-4 Non-solicitation; Outside Employment: The CRA computer system shall not be used to solicit for commercial ventures unrelated to CRA business, religious or political causes or outside organizations unless expressly authorized by the CRA. 8-5 Software: The CRA prohibits the use of any computer software or programs that are not expressly authorized and installed by the CRA. Employees shall not make unauthorized copies of any computer software or programs installed by the CRA. 8-6 Termination: All equipment and computer-related files, programs and materials issued or purchased by the CRA remain the property of the CRA. Upon voluntary or involuntary termination of employment or service with the CRA, employees may not retain any equipment, computer programs, files or materials. Upon termination, the CRA will turn off all computer and communications systems issued to the terminated employee. 8-7 Reporting: All reports of violations of this policy and all questions related to this policy should be directed to the employee's immediate supervisor, or, if the supervisor is unable to satisfactorily resolve the issue or is closely connected with a violation of the policy, to the Human Resources Department. SECTION 09: MISCELLANEOUS 9-1 Personal Appearance/Dress Code: Employees are expected at all times to present a professional, businesslike image to citizens. Courtesy, appearance, body language and manners are all important in projecting a positive professional image. Employees are expected to dress and groom in a neat, clean and businesslike manner consistent with the position and work location, and demonstrate pride in their job. The following is a guideline of appropriate appearance and attire: Hair should be clean, combed and neatly trimmed or arranged. Unkempt hair is not permissible regardless of length. Sideburns, moustaches, and beards should be neatly trimmed. 00950371-1 60 Administrative personnel who work in offices and any employees who have regular contact with the public must wear clothing that is businesslike in appearance, such as a business suit, business shirt with or without a tie; polo shirt; CRA logo shirt; slacks such as Dockers or similar style; business dress or skirt with a blouse/sweater; or non-denim Capri pants. The length of a dress/skirt is to be no shorter than 3" above the knee. Clothing is not considered businesslike in appearance if it is: Casual sportswear, such as cargo pants, stirrup pants, or stretch pants Ripped or disheveled clothing or athletic wear Skorts or Shorts Garments made of blue denim, Lycra or other form-fitting material Low Rise, low cut, hipster or hip-huggers pants, which leads to exposure of the mid-section Exposure of boxer shorts Sweatshirts, T-Shirts (with the exception of CRA Logo items) or Halter Tops Skirts and Culottes that are greater than 3 inches above the knee Flip-Flops or Athletic shoes Shirts that show any part of an undergarment Shirts that inappropriately expose cleavage or the mid-section Shirts unbuttoned more than the 2nd button from the top See through, mesh, or clothing that is too tight Each Friday has been designated as dress down day for those employees who regularly follow the office dress code (non-uniformed, clerical, etc). It is a privilege which permits a relaxation of the normal business attire described above. The same guidelines for businesslike attire apply on Fridays, dress down day, with the exception that jeans, tee shirts, and athletic shoes are allowed to be worn. Clothing should be neat in appearance and without tears or holes (even if it is the style). Tee shirts must not have anything that has advertising on it. There are times when traditional business attire should be worn on days when casual attire is permitted. Employees should take the day's schedule into account when they dress. If a meeting is scheduled with visitors, or if there are visitors with whom the employee will come in contact, business attire may be more appropriate. The CRA's primary object is to have employees project a professional image while taking advantage of more casual and relaxed fashions. Any employee who does not meet the standards of this policy will be required to take corrective action, which may include leaving the premises. Non-exempt employees will not be compensated for any work time missed because of failure to comply with this policy. Violations of this policy also will result in disciplinary action. 00950371-1 6 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT I, (employee name) (employee social security number), hereby request a Purchasing Credit Card ("Card"). As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers." I understand that the CRA is liable to credit card companies for all charges made on the Card. I agree to use this Card for official business related purchases only and agree not to charge personal purchases. I understand that the Card may not be utilized for cash advances. I will not permit another individual to utilize the Card issued to me. I understand that the CRA will review the use of this Card and take appropriate action on any discrepancies. It is my responsibility to ensure that the supplier has the CRA's tax- exempt number. I agree to return the Card immediately upon request or upon termination of employment) including retirement. I understand that the CRA or Purchase Credit Card companies may suspend or cancel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: providing supporting charge slips/receipts and listing the reason for the purchase or job it pertains to for all transactions appearing on the statement. I agree with all of the terms and conditions of the Purchasing Manual on the assignment and control of the Purchasing Credit Card. If the Card is lost or stolen, I agree to immediately notify the Finance department immediately (1-561-737- 3256) of the loss, verbally, and in writing. Employee Signature and Date Witness Signature and Date Director of Finance and Date 00950371-1 62 Credit Card Reconciliation Form Name Date Date of Expense Amount PO# Account Vendor Business Purpose Partici ants Coding for Office Supplies 51230-310 $ - 51325-310 $ - 51440-310 $ - 57400-310 $ - 57500-310 $ - Total $ - Total $ - Billed Note: This is the amount showing on your credit card Amount statement. Note: After all expenses are recorded, the difference should be Difference t $0.00. Employee Signature Date Finance Department Signature Date 00950371-1 63 Oil 3 p BOYNTO a I i' RA Qq, mmmmt5EAC �L APPENDIX HIRING AND TERMINATION POLICIES AND PROCEDURES MANUAL Revised May 2016 00950371-1 64 TABLE OF CONTENTS INTRODUCTION 63 I. EQUAL EMPLOYMENT OPPORTUNITY A. EEO Policy Statement 64 B. At-Will Employment 64 C. Equal Employment Opportunity/Anti-Discrimination Policy 64 II. RECRUITMENT & SELECTION A. Research Phase - Overview 65 B. Review External Source Alternative 65 C. Selection Phase - Overview 65 D. Application/Resume Screening 67 III. JOB OFFER STAGE A. Employment Reference Check Policy 68 B. Fair Credit Reporting Act 68 C. Criminal Background Check Policy 68 D. 1-9 Form Requirements 68 IV. PROGRESSIVE DISCIPLINE AND INVOLUNTARY TERMINATION A. Performance Behavior 70 B. Behavior Problems 70 C. Formal Actions 70 D. Formal Investigation 70 E. Progressive Discipline Policy— Four Steps 71 V. APPENDICES A. Employment Application 73 B. Sample Phone Interview Questions 80 C. Reference Checking Form 83 D. 1-9 Form 85 E. Performance Counseling/Written Warnings 89 F. Separation Report 91 G. Terminated Employee's Reference 93 H. Employee Affidavit Domestic Partnership 93 I. Exit Interview— Policy and From 98 00950371-1 65 INTRODUCTION The contents of this policies and procedures manual does not create a contract, express or implied. It is not all inclusive, and is only a set of guidelines. The manual does not alter the "at-will" relationship between the CRA and the employee (unless the employer wants to change this traditional relationship). The manual does not guarantee employment for any definite period of time and applies to all CRA employees. The manual supersedes any previous written or unwritten policies. The manual can only be changed in writing, by the Executive Director. In the event of a conflict between this manual and the Human Resources Policy and Procedures Manual, the latter shall govern. 00950371-1 66 I. EQUAL EMPLOYMENT OPPORTUNITY A. EEO Policy Statement Objective The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, or veteran status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. The principles and policies of equal employment opportunity apply to the selection and treatment of independent contractors, temporary personnel or any other persons doing business for or with the CRA. Employees who feel they have been discriminated against should contact the Executive Director, the Human Resources Department or a Board member. The CRA expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation, national origin, age, disability, or veteran status. Any CRA employee who discriminates against another employee in violation of this policy is subject to discipline up to and including termination. B. At-Will Employment Employment with the CRA is "at will' and is terminable by either party for any reason or no reason. Successful completion of a probationary period does not conclude or alter the "at-will" relationship. C. Equal Employment Opportunity/Anti-Discrimination Policy 1. Scope of Policy The policy of equal employment opportunity and anti-discrimination applies to all aspects of the relationship between the CRA and its employees and job applicants including, but not limited to: • Recruitment • Employment • Promotion •Transfer •Training •Working conditions •Wages and salary administration • Employee benefits and application of policies The principles and policies of equal employment opportunity apply to the selection and treatment of independent contractors, temporary personnel or any other persons doing business for or with the CRA. 00950371-1 6 2. Implementation of Policy The staff of the CRA will be responsible for the dissemination of this policy. Directors, managers and supervisors are responsible for implementing equal employment practices within each department. The Executive Director or his/her designee is responsible for the CRA's overall compliance and shall maintain personnel records in accordance with regulatory compliance. In accordance with Equal Employment Opportunity Commission (EEOC) regulation, the CRA asks that all employees voluntarily self identify race and ethnicity to the extent necessary to ensure that the CRA is in full compliance with federal and state civil rights laws and regulations, and in turn protecting the rights of all employees from discrimination. If an employee declines to self-identify, employment records or observer identification may be used. 3. Procedures CRA practices identified herein include: a. The CRA will display posters regarding equal employment opportunity in areas highly visible to employees. b. All advertising for job applicants includes the statement "An Equal Opportunity Employer- M/F/D/V." II. RECRUITMENT& SELECTION A. Research Phase - Overview 1. Current employees. 2. Employee referrals. 3. Former employees. B. Review External Source Alternatives Include: 1. Companies/organizations; billboards; billing inserts. 2. College and university career services or placement centers. 3. Community schools and colleges. 4. Current prospects, and candidates; ethnic organizations. 5. Internet ads; bulletin boards; Internet newsgroups. 6. New employee referrals; newspaper ads. 7. Newspaper articles; open houses; other companies and agencies that are downsizing. 8. Private employment agencies; professional associations. 9. Professional conferences; professional journal ads. 10. Professional networks. 11. Public employment agencies; radio ads; radio reports. 12. Senior citizen groups; television ads; television reports. 13. Temporary help agencies; trade associations. 14. Trade or professional journal ads or articles. C. Selection Phase -- Overview 1. Resume Review O 00950371-1 68 2. Set Up Interview Appointments 3. Evaluate the candidate's explanation for staying at previous jobs and for leaving previous jobs. a. Evaluate the needs and wants of the candidate for any of the following: 1. Fit with the profession. 2. Fit with the culture and vision of the CRA. 3. Fit with the management or leadership styles of CRA personnel. 4. Fit with the organizational vision and values. 5. Fit with the organizational goals and objectives. 6. Fit with the specific position the candidate is being considered for in terms of job tasks, knowledge skills and abilities. b. Specific job requirements 1. Review the starting salary range and future salary expectations. 2. Review the mandatory and flexible benefits 3. Clarify any special family issues. 4. Clarify the amount of travel involved C. Evaluate the candidate relative to these three (3) key questions: 1. Does the job candidate appear to be fully qualified now? 2. Does the candidate appear to be readily trainable in areas where he or she can become fully qualified? 3. Should the job candidate continue in the selection process? d. Review and obtain the legal release to authorize a background check. e. Ensure the candidate knows that his/her final offer is contingent upon successful completion of the reference check, criminal background check, Fair Credit Reporting Act, and drug testing procedures if applicable for the position. 4. Set up the job-related testing processes if applicable to the position. a. Coordinate the candidate testing to be completed when, where,\ by whom. b. Obtain and review the results of all tests for each candidate and C. Inform the candidate of results of the tests and the next steps in the process. 00950371-1 69 D. Application/Resume Screening 1. Pre-Employment Inquiries: The CRA will follow all applicable laws as interpreted through court rulings and EEOC decisions, that prohibits the use of all pre-employment inquiries and qualifying factors which disproportionately screen out member of minority groups or members of one sex, and are not valid predictors of successful job performance, and cannot be justified by "business necessity." In seeking information from job candidates, the CRA will consider the following factors: a. Will the answers to these questions directly or indirectly reveal information concerning an candidate's membership in a protected class? b. Will the answers to this question, if used in making a selection, result in disparate treatment or disparate effect on minorities and/or members of one sex? C. Is this information really needed to judge an candidate's competence? or qualification for the job in question? 2. Additional Points, Resume Checklist And Areas To Cover During The Screening Process: a. Pre-employment inquiries concerning race, color, religion, sexual orientation, national origin should not be asked. b. Do not ask any non-job-related questions that pertain to marital status, pregnancy, future child bearing plans and number/age of children. C. Do not require pre-employment information about child care arrangements from female candidates only. d. Use an English language proficiency test only if language skill is a requirement of the work to be performed. e. Does the candidate show a steady record of achievement? f. Has the candidate held responsible positions? g. Has the candidate managed his/her position in growth situations, and if so, for how long? h. Has the candidate previously solved key problems similar to the agency's? i. Have there been sudden shifts in careers? j. Is the candidate transient? k. Is the resume clear about education and technical skills? I. Is the resume detailed and explanatory? M. Are prior positions explained adequately? n. Why does the candidate say they want the job? o. Has the candidate supervised or managed people? If so, how many? P. What areas do you want to explore further? 00950371-1 70 III. JOB OFFER STAGE A. Employment Reference Check Policy Job Candidates. To ensure that individuals who join the CRA are well-qualified and have a strong potential to be productive and successful, it is the policy to verify the employment references of the selected candidate prior to extending a job offer. The HR representative is designated to respond to reference check inquiries from other employers. All calls, contacts and written inquires concerning current or former employees should be referred to the Human Resources Representative. It is the policy of the CRA to provide neutral references concerning former employees. Responses to such inquiries will confirm only the dates of employment, wage rates and the title of position held. (See Appendix C for form). B. Fair Credit Reporting Act (FCRA) Once the results of the reference checks appear satisfactory, a conditional offer of employment may be extended subject to a satisfactory credit and criminal background check. (See Appendix C for form). C. Criminal Background Check Policy The CRA requires a criminal check for all full-time and part-time internal employees once a conditional offer of employment has been extended. Although a disqualification is possible, in accordance with federal and state laws, a previous conviction does not automatically disqualify a candidate from consideration for employment. Depending on a variety of factors (for example, the nature of the position, the nature of the conviction, age of the candidate when the illegal activity occurred), the candidate may still be eligible for employment with the CRA. However, if a candidate attempts to withhold information or falsify information pertaining to previous convictions, the employee will be disqualified from further employment consideration in any position with the CRA due to falsification of an application. Although a conditional offer of employment may be extended to a candidate prior to the completion of the criminal conviction check, the candidate's first day of work in the position must not be prior to the satisfactory completion of the criminal conviction check. D. 1-9 Form Requirements (See Appendix D for I-9 form). 00950371-1 7 1 Whenever an employer hires an individual (U.S. citizen or non-U.S. citizen) as an employee, the CRA completes the 1-9 form. An employee is defined as any person who performs labor or services in return for wages or other remuneration. /f an employee does not have the proper documentation within three business days of his or her start date, the employer must terminate the employee. Three (3) business days means that the CRA counts weekends and holidays as business days if the CRA is open for business on those days. If within this time the employee produces a receipt showing that he or she has applied for a work authorization or identification document, the employee must be given ninety (90) days to produce the required documentation. 1. Compliance With and Completion of the 1-9 Form There are three (3) important sections on the 1-9 form that must be accurately completed in order to comply with the 1-9 requirement. Section 1: The CRA completes section 1 at the time of hire (no later than the date the employee starts). It is the employer's responsibility to assure that the employee fills in the correct information and signs and dates the form. Section 2: The employee must present original documents (not photocopies) that establish identity and employment eligibility. See back of form for documents required. 2. Document Retention a. Retain the 1-9 form for every employee for the full duration of that individual's employment.. b. Keep 1-9 forms with employee's personnel file to facilitate retrieval in the event of an audit. C. The 1-9 employment verification process is an integral part of the CRA's compliance with the U.S. Immigration Laws. 3. Copying Documents Although copying documents is not required (and does not relieve the employer of the obligation to complete the 1-9 forms), in certain circumstances such a practice may be advisable, as follows: a. If copies of the documents are made, the copies must be retained with the 1-9 form. b. Copies of documents may assist the CRA and its Attorney in preparing for a USCIS audit and in defending against claims that appropriate documentation was not demanded or presented. C. In addition, maintaining copies of documents may aid the CRA in defending against assertions that it accepted fraudulent documents that it should known were not genuine. 00950371-1 72 IV. PROGRESSIVE DISCIPLINE AND INVOLUNTARY TERMINATION A. Performance or Behavior Employee problems that require corrective action generally can be classified as either performance or behavior problems. Appropriately classifying the problem into one of these two categories is an important first step and will enable the HR designee to more effectively determine an appropriate response. B. Behavior Problems 1. Examples of behavior problems include: a. Misconduct b. Negligence C. Insubordination d. Poor attendance e. Other issues 2. Behavior problems are usually completely within the employee's control. For example, employees make conscious decisions every day to either leave home in sufficient time to arrive at work on time or not, to be truthful or not, to follow rules and procedures or not, to follow their supervisors direction or not. 3. Management can do little beyond clearly stating its expectations and holding each employee accountable to those expectations. a. As a result, these problems should be addressed in a straightforward and direct manner. b. Specifically, when the employees behavior does not meet the minimum expectations, formal corrective action should be taken in the form of a verbal warning, a written warning or possibly termination. C. Formal Actions 1. A clear statement describing the employees behavior deficiency, citing specific instances wherever possible. 2. A restatement of the minimum expectations/requirements with regard to the area of deficiency. 3. The consequences to the employee of future occurrences with this and/or related behavior deficiencies. 4. A memo (in the event of a written warning or final written warning) that the employee signs acknowledging that s/he understands the contents of the discussion. D. Formal Investigation 1. Frequently, it is necessary to conduct a formal investigation as a result of an employees behavior problem. 00950371-1 73 2. When the investigation concerns employee misconduct, negligence or illegal behavior, it is a good practice to suspend the alleged violator, with pay, pending the outcome of the investigation. 3. when this occurs it is in the best interest of all parties concerned to conduct a thorough and expeditious investigation. 4. If wrongdoing is found, it is appropriate to either go back and not] pay the employee for the period of the investigation or terminate the employee effective the first date of suspension, or last written warning. 5. This practice will foster a presumption of innocence until guilt is proven. E. Progressive Discipline Policy - Four Steps Step One: Verbal counseling should be documented. 1. The documentation, which should include the date and time of the session, serves to memorialize the session so that it can be referred to subsequently. 2. The employee should be told that this is only a verbal counseling but should be asked to sign the documentation. Step Two: First Written Warning. Step Three: Second Written Warning at he discretion of the Executive Director accompanied by a short suspension (usually one (1) to three (3) days with a long suspension) and usually at least one (1) work week. This may also be the Final Warning. Step Four: Termination. 1. Some serious infractions warrant skipping one or more steps and jumping to a higher level of discipline (very serious infractions such as fighting or theft may warrant termination as the first and only step). 2. For very serious infractions, it may be appropriate to suspend an employee. 3. For example, it may be advisable to suspend employees involved in a physical altercation because the primary objective may be to remove the danger rather than to announce a termination and risk the escalation of a potentially dangerous situation. See Appendix E-G for relevant forms. 00950371-1 74 APPENDIX A 00950371-1 75 APPLICATION FOR EMPLOYMENT 710 N. Federal Highway, Boynton Beach, FL 33435 rokoyk oil tr,:xu p CRA —— Ips ��`�S\1��4ti� ', t f AC, The Boynton Beach (CRA) is an equal opportunity employer. It is the policy of the CRA to prohibit discrimination of any type and to afford equal employment opportunities to employees and applicants,without regard to race, color, religion, sex, national origin, age, disability, sexual orientation or veteran status. PERSONAL: Name: Date: Last First Middle MO/YR Address: Number& Street City State Zip Code Position Sought: Full Time Part Time Date Available: Salary Desired: Phone Number: Social Security Number: Are you over 18 years old?Yes_ No Are you legally eligible for employment in the United States?Yes_ No_ (If offered employment, you will be required to provide documentation to verify eligibility.) EDUCATION: Please indicate education or training which you believe qualifies you for the position you are seeking High School: No. of Yrs Completed (circle one) 1 2 3 4 Diploma: Yes_ No_G.E.D. : Yes_ No- School(s): City/State: College and/or Vocational School: Number of Years Completed (circle one) 1 2 3 4 School(s): City/State: Major: Degrees Earned: 00950371-1 76 Other Training or Degrees: School(s): City/State: Course: Degree or Certificate Earned: PROFESSIONAL LICENSE OR MEMBERSHIP: Type of License(s) Held: State of Florida License: License Expiration Date: Other Professional Memberships: (You need not disclose membership in professional organizations that may reveal information regarding race, color, creed, sex, religion, national origin, ancestry, age, disability, marital status, veteran status or any other protected status.) This application for employment is good for thirty (30) days only. Consideration for employment after thirty (30) days requires a new application SKILLS: (Check all that apply) Office: Data Entry: Excel or: Typewriter: wpm: Other: Word-Processing: WordPerfect: MSWORD: Other: Other Software Skills: No: RECORD OF CONVICTION: During the last ten years, have you ever been convicted of a crime other than a minor traffic offense? Yes No If yes, explain: (A conviction will not necessarily automatically disqualify you for employment. Rather, such factors as age and date of conviction, seriousness and nature of the crime, and rehabilitation will be considered). 00950371-1 77 EMPLOYMENT: List most recent employer first, including U.S. Military Service. May we contact your present employer? Yes No If any employment was under a different name, indicate name Employer: Address: Telephone: Position: Dates of Employment: From: To: MOLAR MOLAR Salary: Supervisor: Department: Duties: FT: PT: No. Of Hrs. Reason for Leaving: Employer: Address: Telephone: Position: Dates of Employment: From: To: MOLAR MOLAR Salary: Supervisor: Department: Duties: FT: PT: No. Of Hrs. Reason for Leaving: Employer: Address: Telephone: Position: Dates of Employment: From: To: MOLAR MOLAR Salary: Supervisor: Department: Duties: FT: PT: No. Of Hrs. Reason for Leaving: 00950371-1 78 If you wish to describe additional work experience, attach the above information for each position on a separate piece of paper. Explain any gaps in work history: Have you ever been discharges or asked to resign from a job? Yes No If yes, explain: REFERENCES: Name Name Address Address Phone ( ) Phone ( Name Name Address Address Phone ( ) Phone ( APPLICANT'S CERTIFICATION AND AGREEMENT I hereby certify that the facts set forth in the above employment application are true and complete to the best of my knowledge and authorize the Boynton Beach CRA to verify their accuracy and to obtain reference information on my work performance. I hereby release the Boynton Beach CRA from any/all liability of whatever kind and nature which, at any time, could result from obtaining and having an employment decision based on such information. I understand that, if employed, falsified statements of any kind or omissions of facts called for on this application shall be considered sufficient basis for dismissal. I understand that should an employment offer be extended to me and accepted that I will fully adhere to the policies, rules, and regulations of employment of the Boynton Beach CRA. However, I further understand that neither the policies, rules, regulations of employment or anything said during the interview process shall be deemed to constitute the terms of an implied employment contract. I understand that any employment offered is for an indefinite duration, and at will, and that either I or the Boynton Beach CRA may terminate my employment at any time or without notice or cause. Signature of Applicant Date 00950371-1 79 FAIR CREDIT REPORTING ACT DISCLOSURE STATEMENT FORM (The disclosure below must be by itself on a separate page.) By this document, the Boynton Beach CRA discloses to you that a consumer report may be obtained for employment purposes as part of the pre-employment background investigation and at any time during your employment. Please sign below to signify receipt of the foregoing disclosure. Candidate Signature Date WAIVER "This shall authorize the procurement of a consumer report by the Boynton Beach CRA as part of the pre-employment background investigation. If hired, this authorization shall remain on file and shall serve as an ongoing authorization for the Boynton Beach CRA to procure consumer reports at any time during my employment period." Candidate Signature Date 00950371-1 80 INVESTIGATIVE REPORT DISCLOSURE STATEMENT If using investigative consumer reports, the Agency must supplement the disclosure to comply with the additional requirements as follows: (The disclosure below must be on a separate page.) By this document, the Boynton Beach CRA discloses to you that a consumer report, including an investigative consumer report containing information as to your character, general reputation, personal characteristics, and mode of living, may be obtained for employment purposes as part of the preemployment background investigation and at any time during your employment. Should an investigative consumer report be requested, you will have the right to demand a complete and accurate disclosure of the nature and scope of the investigation requested and a written summary of your rights under the Fair Credit Reporting Act. Please sign below to signify receipt of the forgoing disclosure. Candidate Signature Date 00950371-1 81 APPENDIX B 00950371-1 82 SAMPLE PHONE INTERVIEW QUESTIONS General The "general" questions provide you the opportunity to assess some important personal characteristics such as level of maturity, willingness to go the "extra mile", work ethic, depth and breadth of previous work experience, level of realistic self-assessment, and reasonableness of the candidate's expectations relative to working for X Corporation. What, in your opinion, are the crucial factors that make a Manager/first line supervisor succeed? What do you consider your most important accomplishments to date and how do they relate to This position? Adaptability/Flexibility Questions in this dimension provide the opportunity to assess the degree to which the candidate is able to modify his/her behavior in order to adapt to changes in situations, time constraints and the changeable behaviors of others. When have you had to reschedule your time to accommodate an unexpected workload?Who or what was affected, and what were the outcomes? Please provide two or three examples when you went beyond the call of duty to get something done. This position requires an employee to work either days, afternoons, nights, weekends and holidays. An employee may also be called back to work or called in when they are not working. Are you willing to work these varying hours?Also, is there anything that would interfere with you being able to work varying hours? Integrity The integrity question provides you the opportunity to assess some important personal characteristics such as the ability to conduct oneself in a manner above reproach, and maintaining a good self-image for him or herself and X Corporation. How would you describe yourself in terms of your integrity, and what would two of your former supervisors and one of your co-workers say about your work habits, positive and negative, in general? Interest in Position The question in this category provide you the opportunity to assess the candidate's interest in working for Corporation X: performing day-to-day activities and their dedication to this position and corporation. 8. Please outline why your knowledge, skills, abilities (ksa's), educational background and other personality characteristics qualify you for this position. Prioritizing/Planning The question in this category provide you the opportunity to assess the candidate's ability to prepare, plan, and prioritize problem situations, tasks and responsibilities for him or herself in order to reach objectives and goals within time constraints. 00950371-1 83 9. What would you do during your probationary period to be the most effective and efficient? Reasoning and Judgment The question in this dimension enable you to assess the degree to which a candidate demonstrates the ability to recognize and identify problems, issues and concerns and connect one piece of information with another. 10. What has been a problem that you had to deal with in past employment situations? Tell us about how you analyzed the situation, how you identified the key factors, and developed your conclusions? Manageability The question in this dimension provide assessment of a candidate's "manageability" in terms of following orders, accepting constructive criticism and feedback, and the level of satisfaction with being a team member versus acting autonomously with limited regard or respect for the chain of command. 11. What kind of experience have you had working or being in a team environment and what do you need to feel sufficiently recognized for your contributions in fulfilling the X Corporation's mission? Second part of question; What kind of people do you dislike working with and how do you handle it when you have to work with them? 00950371-1 84 APPENDIX C 00950371-1 8 5 REFERENCE CHECKING FORM Candidate Name: Last First Middle Initial Reference Name: Company Name: Dates of Employment: From: To: Position(s) Held: Salary History: Reason for Leaving: Explain the reason for your call and verify the above information with the supervisor (including the reason for leaving). 1. Please describe the type of work for which the candidate was responsible. 2. How would you describe the applicant's relationships with coworkers, subordinates (if applicable), and with superiors? 3. Did the candidate have a positive or negative work attitude? Please elaborate. 4. How would you describe the quantity and quality of output generated by the former employee? 00950371-1 86 REFERENCE CHECKING FORM 5.What were his/her strengths on the job? 6.What were his/her weaknesses on the job? 7.What is your overall assessment of the candidate? 8.Would you recommend him/her for this position? Why or why not? 9.Would this individual be eligible for rehire?Why or why not? Other comments? 10. We are considering the candidate for a position that requires (Independent judgement, managing others, public contact, etc.). Do you believe the candidate can be successful in such a position?Why or why not? 00950371-1 8 APPENDIX D See files for 1-9 form 00950371-1 88 APPENDIX E 00950371-1 8 9 PERFORMANCE COUNSELING /WRITTEN WARNING EMPLOYEE: DATE: ❑ Counseling ❑ 1St Written Warning ❑ 2nd Written Warning The purpose of this discussion is to once again bring to your attention ongoing deficiencies in your conduct and/or performance. The intent is to define for you the seriousness of the situation so that you may take immediate corrective action. Your job performance or conduct has been unsatisfactory, and must improve. REASON FOR COUNSELING OR WARNING: CORRECTIVE ACTION REQUIRED AND TIME FRAME: You and I will meet at the end of days to review your progress. If significant improvement is not shown at the end of The warning process, your employment with the Boynton Beach CRA will be terminated. Please sign below. Your signature on this document is an acknowledgment that this matter has been discussed with you and you have reviewed this document prior to inclusion in your personnel file. You also acknowledge and understand the potential consequences of non- compliance. EMPLOYEE SIGNATURE: DATE: SUPERVISOR SIGNATURE: DATE: 00950371-1 90 APPENDIX F 00950371-1 9 1 SEPARATION REPORT Employee: Supervisor: Start Date: Separation Date: Last Day Worked: Total hours worked: Accrued Vacation: Sick time: Comp time: (FOR PAYROLL USE ONLY) REASON FOR TERMINATION: o poor job performance o violation of CRA policy o did not meet performance goals o harassment or discrimination o excessive absenteeism o insubordination o lack of work o negligence o misconduct o discharge o terminated within 90 days of hire o other: Employee Received: Wages in lieu of notice Separation Pay Vacation Pay Sick Pay Comp Time Voluntary Termination [ ] Involuntary Termination [ ] Was employee given reason for discharge? Yes [ ] No [ ] Had employee been warned about their conduct, attendance, work etc.? Yes [ ] No [ ] Is employee eligible for rehire? Yes [ ] No [ ] If no, why? Employee Signature: Date: [ ] Employee Refused to sign [ ] Employee unavailable for signature [ ] Copy mailed via certified letter with return receipt Supervisor Signature: Date: Executive Director: Date: [ ] Copy to Employee 00950371-1 92 APPENDIX G 00950371-1 93 TERMINATED EMPLOYEE REFERENCE As a former employee of the CRA, I understand that at some time in the future, someone may call the CRA for a reference. I give my permission for the following information to be provided on my behalf: ❑ A disclosure of my work record, including but not limited to: attendance performance reason for separation dates of employment title or position and rate of pay eligibility for re-hire ❑ A partial disclosure of my work record dates of employment eligibility for re-hire rate of pay ❑ A disclosure of my dates of employment only and an explanation that this limited reference was at my request. I recognize that by law, my former employers are required to provide information to a prospective employer if I am considered a harassment or workplace violence risk. Employee Signature Date Witness Signature Date 00950371-1 94 APPENDIX H 00950371-1 95 EMPLOYEE AFFIDAVIT OF DOMESTIC PARTNERSHIP I, , submit this Affidavit to the Boynton Beach Community Redevelopment Agency and declare to establish as my Domestic Partner (as defined below) for the purpose of applying for medical insurance and any other benefits offered to dependents of an employee of the Boynton Beach Community Redevelopment Agency. "Domestic Partner" means a person of the same or opposite sex with whom the employee has established a Domestic Partnership. "Domestic Partnership" means a relationship between an employee and one other person of the same or opposite sex, who meet all of the following eligibility requirements: a) Each person is at least eighteen (18) years old and legally competent to contract; b) Neither person is in a current marriage recognized by the state of Florida nor currently a partner to another domestic partnership or civil union with any individual other than the other person signing the declaration of domestic partnership; c) Neither partner is related to the other by blood; d) Consent of either person to the domestic partnership relationship has not been obtained by force, duress or fraud; e) Each person agrees to be jointly responsible for each other's basic food and shelter; f) Each partner considers himself or herself to be a member of the immediate family of the other partner; g) The partners reside in a mutual residence; h) Each domestic partner agrees to immediately notify the Department, in writing, if the terms of the Declaration of Domestic Partnership are no longer applicable or if one (1) of the domestic partners wishes to terminate the Domestic Partnership. i) Neither individual has signed a Domestic Partner Affidavit or declaration with any other person within the last twelve (12) months prior to designating each other as Domestic Partners with the Boynton Beach Community Redevelopment Agency. I affirm that we are Domestic Partners and meet the Domestic Partnership eligibility requirements and reside together at: 00950371-1 96 (street address) (city, state, zip) I have attached the following documents as evidence of common residence and joint financial responsibility. These documents are the most current and valid to the best of my knowledge. • RESIDENCE — at least two of the following : copy of mortgage document or lease showing both names (joint ownership or leaseholders), copy of marriage certificate or civil union from another state (for same-sex partnerships), copies of drivers licenses or State of Florida identification cards, or tax returns showing the same address. • FINANCIAL RESPONSIBILITY — at least two of the following: copy of statement from a joint bank account, credit cards with same account number for both partners names, vehicle title showing common ownership, a beneficiary designation form for a retirement plan or life insurance policy showing that one domestic partner is the beneficiary of the other, or wills which designate the other as the primary beneficiary. DEPENDENT CHILD(REN) OF DOMESTIC PARTNER — CERTIFICATION Domestic Partner Dependent Child(ren) Last Name First Name Middle Date of Birth Last Name First Name Middle Date of Birth Last Name First Name Middle Date of Birth Last Name First Name Middle Date of Birth Last Name First Name Middle Date of Birth We hereby certify that the above named child(ren) of the Domestic Partnership meet all of the eligibility requirements listed below for coverage under the group medical plan. • The child(ren) reside with both the employee and the domestic partner, and the domestic partner is responsible for the child(ren)'s well-being; or the domestic partner is required to provide medical coverage for the child(ren) by court order; or 00950371-1 9 • The child(ren) qualifies as the domestic partner's dependent(s) for tax purposes under the federal guidelines; and • The child(ren) meets and continues to meet the eligibility requirements as outlined in the Dependents Eligibility section of the Affidavit of Domestic Partnership form. I further acknowledge and understand: • 1 have an obligation to submit to the Boynton Beach Community Redevelopment Agency an Affidavit of Termination of Domestic Partnership within 30 days of when the Domestic Partnership eligibility requirements are no longer met or within 30 days of the death of my Domestic Partner. Coverage of the domestic partner will terminate on the date of death of the domestic partner or on the last day of the first month that the domestic partner and/or domestic partners eligible dependent child(ren) fails to continue to meet all of the applicable domestic partnership eligibility requirements. • 1 cannot file another Affidavit of Domestic Partnership for a new Domestic Partner until at least 12 calendar months after a statement of death or Termination of Domestic Partnership has been filed. • Any fraudulent statement, omission, or concealment of facts, misrepresentation, or incorrect information contained in the Affidavit of Domestic Partnership may result in my being responsible for reimbursement of any expenses paid by the Boynton Beach Community Redevelopment Agency's medical carrier, or in the denial of the claim or cancellation or rescission of coverage under this contract. Disciplinary action pursuant to Boynton Beach Community Redevelopment Agency Human Resources Manual may be taken up to and including termination of employment. I affirm that the information provided above is true and complete to the best of my knowledge. Signature of Employee Date Signature of Domestic Partner Date Notary as to Employee: Signature of Notary Public Date (SEAL) Notary as to Domestic Partner: Signature of Notary Public Date (SEAL) 00950371-1 90 EMPLOYEE AFFIDAVIT OF TERMINATION OF DOMESTIC PARTNERSHIP I, , submit this Affidavit to the Boynton Beach Community Redevelopment Agency and declare to terminate as my Domestic Partner for the purpose of applying for medical insurance and any other benefits offered to dependents of an employee of the Boynton Beach Community Redevelopment Agency, effective If the reason for dissolving the Domestic Partnership is for a reason other than the death of the Domestic Partner, I affirm that I have notified my Domestic Partner of the termination of this Domestic Partnership as indicated by one of the following methods: a) My Partner has joined in this Affidavit of Termination of Domestic Partnership by signing below in the presence of a notary public; or b) Notice was delivered to my former Domestic Partner by registered or certified mail, return receipt requested at his/her last known address. I have provided the proof of service (return receipt) to the Boynton Beach Community Redevelopment Agency as required, by attaching such proof to this form. I understand that I cannot file another Affidavit of Domestic Partnership for a new Domestic Partner until at least 12 calendar months after signing and submitting this Affidavit of Termination of Domestic Partnership to the Boynton Beach Community Redevelopment Agency. I affirm that the information provided above is true and complete to the best of my knowledge. Signature of Employee Date Signature of Domestic Partner Date Notary as to Employee: Signature of Notary Public Date (SEAL) Notary as to Domestic Partner: Signature of Notary Public Date (SEAL) 00950371-1 99 APPENDIX 1 00950371-1 100 EXIT INTERVIEW POLICY Purpose: To ensure that exiting employees are informed of their benefits and rights and to maintain accurate records on reasons for termination of employment. Policy: It is the policy of the Boynton Beach Community Redevelopment Agency ("CRA") to ensure that any employee whose employment is being terminated (voluntarily or involuntarily) receives an exit interview. The exit interview shall be held at the time of the employee's discharge. The interview will be conducted by the Executive Director or designee. The objectives of the exit interview are as follows: o To determine the actual reason for an employee's resignation; o To discover any grievances the employee may have about the department in order that corrective action(s) may be undertaken; o To discover any misunderstandings the employee may have had about his/her job, or with his/her supervisor(s) in order that corrective action(s) may be undertaken; o To retain the goodwill of the employee toward the CRA; o To review administrative details with the employee such as benefits continuation rights and conversion privileges, if any, final pay, re-employment policy, and employment compensation; and o To arrange for the return of any CRA property which has not already been returned to the department supervisor. Procedure: 1. When an employee announces his/her intention to resign, the supervisor/department head should schedule an exit interview for the employee with the CRA Executive Director or designee as soon as possible. 2. When a decision has been made to terminate an employee, the employee should meet with the CRA Executive Director or designee for an exit interview as soon as possible, as appropriate. 3. During the exit interview, the CRA Executive Director or designee will seek to meet all objectives listed in this Exit Interview Policy statement. 4. The departing employee will complete the Exit Interview Form (sample attached) as thoroughly as possible. 5. Any information obtained during the exit interview may be disclosed to (and/or discussed with) the supervisor, the Department Head, the CRA Executive Director and the Board of Commissioners in order to investigate any allegation(s) made and/or to be made aware of emerging problem(s). The Department Head, the CRA Executive Director may make recommendations to the Board of Commissioners for corrective action based on the information contained in the exit interview. 00950371-1 101 EXIT INTERVIEW FORM Employee's Name: Job Title: Department: Employed From To Reason for Leaving: Resignation Discharge Layoff Other Have you accepted another position? Yes No If yes, where? Present Title: New Title: Present Salary: New Salary: Additional Fringe Benefits offered by new employer: 1. How long ago did you begin searching for another position? What incident or circumstance(s) made you begin looking for another job? 2. What were the reasons you decided your career goals could not be met here or could be better met somewhere else? 3. Did you speak with your supervisor or anyone else in management concerning your career goals? Yes No 4. If the answer to 3 above was Yes, what was the outcome of this conversation? 5. If the answer to 3 above was No, why not? 00950371-1 102 6. Did you get along well with your supervisor? Yes No . If No, please explain: 7. How well did your supervisor handle any complaints or grievances you may have had? 8. What could have been done to make your job here more rewarding? 9. What did you like best about your job? 10. What did you dislike about your job? 11. What makes the CRA a good place to work? 12. What makes the CRA a poor place to work? 13. How does your new position compare with the one you are leaving? 14. How would you rate the following: ➢ Job responsibilities? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory ➢ Opportunity for achieving goals? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory ➢ Work environment? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory ➢ Supervisor? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory ➢ Pay? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory 00950371-1 103 ➢ Benefits? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory 15. What recommendations would you have for making your department and/or the CRA a better place to work? 16. Would you have stayed if a more-satisfactory arrangement could have been worked out? Yes No If yes, explain: 17. It has been explained to me that completion of this Exit Interview form is voluntary and I was given the option not to complete this form if I so desired. Yes No 18. 1 authorize the placement of this Exit Interview form in my personnel file: Yes No Employee Signature: Date: 00950371-1 104 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 NEW BUSINESS AGENDAITEM: 14.D. SUBJECT: Consideration of Transfer of CRA Owned Lots to the City for the Model Block Project SUMMARY: Located within the Heart of Boynton and Poinciana Gardens neighborhood, the Model Block project continues to be a successful collaboration between the CRA and the City of Boynton Beach to revitalize an entire residential block directly south of Poinciana Elementary School between NW 11th Avenue and NW 10th Avenue (see Attachment 1). The CRA and City of Boynton Beach have been working together on property acquisitions, new single family homeownership opportunities, pedestrian enhancements in addition to roadway and utility improvements within the Model Block project area since 2012. Working together with Habitat for Humanity and the Boynton Beach Faith Based Community Development Corporation (CDC), six (6) new homes have been built with a seventh home currently under construction. The project is now focused on the planned roadway, utility and pedestrian improvements to be constructed on NW 11 th Avenue along with the required re-platting of existing lots owned by the CRA and City in order to create more buildable lots (see Attachment 11). Since the City is acting as the applicant for the re-plat request, the City is required to be the owner of those parcel being re-platted. The CRA owns following three parcels on NW 11 th Avenue that will need to be transferred to the City(se Attachment 111): • Address: 120 NW 11th Avenue - PCN#: 08434521190000140 • Address: 128 NW 11th Avenue - PCN#: 08434521190000120 • Address: 146 NW 11th Avenue - PCN#: 08434521190000050 CRA and City staff are requesting the CRA Board's consideration and approval to transfer the above referenced parcels to the City of Boynton Beach for $10 for each parcel for their sole use as single family residential lots within the Model Block Project. FISCAL IMPACT: None. CRA PLAN/PROJECT/PROGRAM: 2014 Heart of Boynton Plan, 2016 Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the transfer of the CRA owned parcels located at 120, 128 and 146 NW 11th Avenue to the City of Boynton Beach for use within the Model Block Project area for the monetary consideration of $10. 2. Do not approve the transfer of the CRA owned parcels located at 120, 128 and 146 NW 11 th Avenue to the City of Boynton Beach for use within the Model Block Project area for the monetary consideration of$10. ATTACHMENTS: Description D Attachment I - Model Block Project, Heart of Boyton District D Attachment II - Model Block Re-Plat Survey D Attachment III - Model Block Property Ownership Map i t� i t, l Heartof Boynton i D a rict Introduction Planning Challenges Planning Considerations ij The Vision su C. Stanley Weaver(C-Canal) canal to the north, 1-95 to the west, N.E. 3rd Avenue to the south and the The Heart of Boynton District is a 380-acre FEC rail line to the east. The area is within walking neighborhood developed predominantly with distance of the Cultural and Downtown Districts. single-family homes. The neighborhood has several parks, two public schools and numerous A major arterial road—Seacrest Boulevard—runs churches. Unfortunately, it has been the victim through the neighborhood north/south. Martin Luther of disinvestment over the last 50 years. The two King, Jr. Boulevard, once lined with locally-owned Census blocks of Tract 61 which encompasses businesses, runs east/west. this District have the median household income of$20,848, the lowest in the City. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools To counter the decline of the neighborhood,in 2001 are STEM schools(Science,Technology, Engineering the CRA and City adopted the Heart of Boynton and Math). Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the There are a number of parks and special use areas original plan and add new projects to reflect the within the neighborhood, such as, Carolyn Sims current market conditions. Community Center, Galaxy Park and Scrub and Sara Sims Park. A number of recommendations of the original +. CRA Plan have been implemented, including: The demolition of the Cherry Hill public housing project • The redevelopment of the Boynton Terrace site–Ocean Breeze West– into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the E r r � ■ t // °sem .w,o- R !�"�'�` � •� k� - - ��, r.-- $.�+s'v...Mf�n� w+d`rrF `k` � arc v t�Y �l Figure 7: Heart of Boynton District Location Map The Heart of Boynton area suffers from an aging the neighborhood; clearly, the road is not presently and poorly maintained housing stock. The CRA designed at a neighborhood scale. and City, in partnership with local non-profits, continue to develop single-family homes, but Both Seacrest Boulevard and Martin Luther King, Jr. there is a need for quality affordable multi-family Boulevard have older, ill-maintained power poles with rental housing. The problem is that—given low overhead utilities, causing a "visual blight." median household incomes—it cost more to build even modest apartments than many of the families can afford. This gap will has to be filled ,f t gv,G through some form of a subsidy. uOO t Another major deterrent to private investment is the visible blight and crime. There are still �� `�� a number of small convenience stores that wr allow loitering and illegal activities for all to see, discouraging people to buy homes or invest in businesses within the area. The District is comprised of small parcels platted in the 1920's — 1930's, during Florida's land Figure 58:Example oft i s t 6 Planning Challenges boom. The parcels are owned by many different people making assembly of a developable site very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. Over the years, the neighborhood has lost most of their retailers and service providers. There is no full service grocery store and only one take- out restaurant. The majority of commercial use is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King,Jr. Boulevard and Seacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four- lane Seacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through I Several factors were considered in determining the Historic District. There are a significant number of land use designations for the Heart of Boynton District. historic cottages located along both sides of NE A future commuter rail station for the planned Tri- 3rd Avenue and the south side of NE 4th Avenue Rail Coastal Link service, which will serve the South between N. Seacrest Boulevard and NE 1st Street. Florida metropolitan region, is planned for downtown at In order to protect these cottages while allowing N.E. 4th between Ocean Avenue and Boynton Beach commercial redevelopment of the south side of NE Boulevard. To improve land development patterns 3rd Avenue, the Plan recommends that: in advance of station development, the City adopted a Downtown Transit Oriented Development District . The historic cottages from the south side of (DTOD), covering a %Z mile radius around the station's NE 3rd Avenue be relocated to the vacant location,including a portion of the Heart of Boynton.The lots on the north side of NE 3rd Avenue. DTOD district regulations support increased intensity of development through a 25% density bonus. . On completion of the relocations, a historic district, tentatively called Shepard Funk A second consideration is the Transportation Addition Historic Cottage District, be created Concurrency Exception Area (TCEA)which, in addition within the block enclosed by N. Seacrest s; to the residential exception area applicable east of 1-95, Boulevard, NE 1st Street, NE 3rd Avenue, exempts all development from the Palm Beach County and NE 4th Avenue. traffic concurrency requirements thus allowing denser development. The Plan recommends increasing density within the area where the TCEA and TOD designations overlap. However, because this District is a low- scale neighborhood, no increase in height over 45' is recommended. s r{ryr(r ri�rtil S rU mfr t" '° t7 ( f s I r Figure g: Historically significant cottages in the HOB vislont The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping i • Bus shelters (will be required as part of new construction) • Additional signalized pedestrian crossings(including mid-block)along Seacrest BoulevardAddition of canopy street trees • Creation of a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Minimum 8'wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales Require installation of canopy trees that provide immediate shading at time of construction • Undergrounding of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1 st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco-trail to connect the existing scrub and linear parks per the Connectivity Plan 7,3 I I r f i ,._.p,a ■ ' . ,``s . � Figure 60 Seacrest Blvd Streetscape Area �FtgureL. I etscape rea 45'Max. RES. NAM 24WM RES. t RES. � � `� RES. 5'-0" 10'•0' S'•0` S'•o' 8"•0' iY•U' Figure 62: MLK JR. Blvd.Street Section Recomrnendatloirwis: Land Use The existing land use designations within the Heart of Boynton District are: i • Low Density Residential —5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential— 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed-Use — 40 units per acre (this land use designation is placed on the CRA-owned Ocean Breeze East block and on CRA-owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use(FLU)Classifications within the Heart of Boynton District DENSITY MAX D USE DENSITY CORRESPONDINGl C HEIGHT Mixed-Use 50 MU-2,M U- 75' - Medium Mix Use Low 20 MU-1 20 49 High Density Residential 1 4, I t! 15 5' MediumDensity Residential 11 , t U 11 45' Low Density 7.5 -1® -1- -1- -1- -1, Residential U 7.5 45° Local Retail n'a -2, - CD rnercial nIa General n/a C-4- Commercial nla 45' Industrial nla 1-1 nla 4& PPGI n/a Public Usage n/a 45 Recreation tela Recreation nla 45' Properties located within the TOD may recieve a 25%®density bonus ix Figure 63: Recommended Land Use for the Heart of Boynton District 1UTT, 11-1 r } � q � a .... e s t Ll u k r -t, I 11 al � ppE N 49j It t � aY ._ ri 7 " Wj S q ` . kr,_ 'y �I.r LEGEND �I��q��terreetional(R) - Intlusfeei(I) 'Low Density Resldenfi®I(LDR)5 dulac ;Medium Density Residentiel(MDR)99 dulec High Density Resldendel(HDR)h5 du/ed petrel Hio Density Residential(SHDRf 20dWac -,I-thuebwel(PPGI) MLMI Retell Commemiel(LRC) Genual Comm—W(GC) ` Mbwd Use Low(MUL)20 dulac M6m0 Use Medium(MUM)50 dufac Use High(MUH)80 dWec (..�� Y®D '.. 1:1 Recommetidafiorts_ Urban Desi • There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75%of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue to the maximum allowed height in the designated Zoning District. Parking shall be located to the rear or side of the buildings • Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear or side. When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. Figure 64: Heart of Boynton Projects u MLK Commercial to roily °. Adel Block - c � r i'��4Y... V l Sara Sims Park— Ocean a.Ocean Breeze East Cottage District— ProposedHistoric,. Cottage st t i14, Sara Sims Park Expansion Working with residents ofthe community,the CRAand its consultant created a master plan for the expansion t and improvement of Sara Sims Park. The CRA has R also purchased seven properties and deeded them to the City in preparation for the eventual expansion of 4 the park. Staff will review the feasibility of converting N a portion of Sara Sims Park Master Plan, along the � u , western boundary, from Recreational Land Use to Single Family. This process shall include a public meeting,the Parks and Recreation Board review and ' ��h`�, ��z5, } recommendation, and Clty Commision approval. Figure 65: Sara Sims Expansion Ocean Breeze East �s r ��,� '�t�� {tt St i� The CRA owns 4.5 acres of vacant land east of t ` Seacrest Boulevard between N.E. 6th and 7th t Avenues. The CRA is seeking a private developments partner to build a multi-family project on the site. Lei �,. � � i, Cottage District The CRA owns approximately 5 acres on the block Figure 66: Ocean Breeze East (' between N.E. 4th and 5th Avenue. The CRNs goal for this site is to attract a private development partner to build single-family for-sale homes in the style of the surrounding historic cottages. A MLK Commercial ` � t Leveraging CRA-owned land and economic ' development grants, the CRA was able to bring z„ „. a Family Dollar store to the Martin Luther King, . . Jr. Boulevard corridor in 2015. The CRA owns _ { additional land on the corridor and continues to Figure 67: Cottage District work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA-owned land, the CRA is seeking to attract a private development partner to build a multi- family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. i i ' �flt ftp r - ' � Y-k r.41t'.tory r �+ r ti it� 1j - � , r1� r �Y � r t L, rn � qtr r i r 1�S i .i1.wS��3�1r 4'� �`r �>'��At' is�'4t,�e '• - � =t� �4� � � (�} S� _ r r `: �t>s•, 5 k, "��rF - r ,2' i� i - t t �, n£��1 �f r�}' �tRY�r �i ��£A� 1 �tl� �(£ A k Figure 68: Example of a Commercial Project on MLK Jr. Blvd. 116 l t � �rtll � � 11 s x U1�'glutu i ,i — a1ks�! � art l nU r�'S�l�tlit r1S{l i��l X3�1 i�i'{ 3fy�S li4 S7 i�s�i fi�lititlt�bbit I f �, 1t1IV i y1` �' 4t s 11ti�s��t�ttli�+�tihll"�'t1 i E x., lt. 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SUBJECT: Consideration of Interim Uses for the CRA's Cottage District Project Site SUMMARY: At the request of the CRA Board Chair, this item is being presented to discuss short term uses for the CRA owned properties located within the Cottage District Project site area during the interim time period before redevelopment activity begins (see Attachment 1). BACKGROUND At the September 27, 2017 CRA Board meeting the Board directed staff to investigate alternative design and other parameters for the 4.24 acre CRA-owned Cottage District property assemblage that can be incorporated into the upcoming land disposition Request for Proposal (RFP). The Board requested this item be brought back for discussion at the November 14, 2017 CRA Board meeting while awaiting a response from the Community Caring Center (CCC) regarding the relocation of their existing facility located on 145 NE 4th Avenue. At the November 14, 2017 meeting, the CRA Board made a motion to table the discussion for six months (May 2018)to further investigate the acquisition of Palm Beach County Housing Authority parcel located near or around the Cottage District project site (see Attachment 11). FISCAL IMPACT: To be determined based on Board action. Currently under the FY 2017-2018 Budget, $2,050 is spent monthly on landscape and property maintenance of the 4 acre site. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board discussion and direction. ATTACHMENTS: Description D Attachment I -CRA Owned Property Map D Attachment II - November 14, 2017 M inutes h i A 4, s x s� Q� i—r u � „ � OO cap i-r (n U 7:5 r R49 Y Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 a 30-minute tutorial how to be a Twitter genius and create an account, how to reach the target audience and so far the tutorials are working well. Mr. Meinzer explained based on where they are in the program, they felt it was necessary to develop the technical side of the program and develop guides and tutorials so the business owners will be ready to learn and handle social media on their own. He reviewed a PowerPoint showing the basic breakdown of all the businesses they work with highlighting where they want to start and where they want to end. They started with a guide for using ad words and learning how to read the analytical reports. This enables the owners to develop more detailed ad word campaigns towards their target audience or their products. A written tutorial for Facebook ads was reviewed. Ms. Donith explained they are working with three new businesses. They are working with Pizzeria That's Amore and when they start to open, they will hold a social media grand opening to create interest. They are also working on Magic in Your Kitchen, which is another incubator kitchen from the Secret Garden Cafe. It is a vegan restaurant and Ms. Donith and Mr. Meinzer helped them with their pop up dinner. The Cooperative Real Estate Alliance is kicking off a free first time homebuyer course and she was helping them publicize the event. The goal was to get businesses going, graduate students and add more business owners to the program. Board Member McCray asked if they were working with Troy's BBQ and learned they were not. Board Member McCray commented he did not get excited about the presentation and he thought something could be done to sell the information better by having music or some other element. Additionally, the screen is small and the Board needs a printout of the presentation. Chair Grant appreciated all they are doing for the success of Boynton Beach. Board Member Romelus agreed with Board Member McCray. She favored seeing the actual results or have live testimonials via videos or appearances in person. Ms. Donith agreed noting that one business owner was present, but had to leave. She pointed out the presentation was just a few of the successes and there are others that really started to soar. Board Member Romelus asked how long a time period was used to determine if the program was successful or not. Ms. Donith explained they never cut anyone off and they are always available to assist, but there is a time the owner's no longer ask them for help. They still cross promote businesses in the CRA. Board Member Romelus noted the program was originally for six months and it was extended another year. There was agreement quarterly reports will be given. F. 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 Thuy Shutt, Assistant CRA Director, presented the item explaining the subject property is a 4.24-acre parcel known as the Cottage District which is adjacent to the Community Caring Center. The property permits 10 dwelling units (dus) per acre in the Heart of 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Boynton (HOB). The property was land banked in order to construct single-family residences. The Board requested staff bring back alternatives, designs and parameters, before issuing an RFP while staff discussed relocating the Community Caring Center site. The RFP could include more innovative, and higher density in the area. The zoning allows up to 11 dus per acre, but the parcel could only accommodate 30 single-family units to be compatible with adjacent properties. The roads, buffers, drainage and utilities use a lot more land. Other areas of the country tried having several amenities on site in a common area, such as open green space or shared driveways to minimize impervious areas. The meeting materials contained examples of the designs used. Staff also had discussions with developers through the year. Many of the options are available, but the market demand requires developers to explore them. The public does not have quality urban design products because there is no demand. The issue is try to ensure the RFP's products are vetted through staff, so they can go through the process easily because the cost of the units has to do with speed of the process, known factors, the cost of the land and hard construction costs. The staff report indicates the developer has to consider items in the budget including design, design fees, infrastructure and utilities fees, sales and marketing, the absorption rate and the overhead and profit. Most of these projects require gap funding and most families cannot afford market rate homes. Only eight percent or higher than the average medium income families could obtain their own financing options, but most traditional families could not. In order for the CRA make homes more affordable to families, the CRA would have to assist with the land cost, development costs, entitlement costs, or subsidies to family members. The second page of the staff report had options for the Board to consider as contained in the meeting materials. The Board could assist in the cost per unit of single-family, detached homes with fee simple lots, varying from 35 feet to 60 feet wide, and 90 to 100 feet long. Another option for single-family or detached homes was cluster housing with shared driveways. Option three was multi-family attached homes with parking. Option four was multi-family attached homes with common parking, as live-work townhomes; however, three story homes are difficult for most families due to the stairs. The Board could assist with the per unit cost of the infrastructure, consider a lower offering price, or consider limiting hard construction costs to $100 to $105 per square foot. Boynton Beach has a good green building initiatives and it was recommended the developer adhere to, or meet or exceed the City's green building standards. Staff reviewed options for high- density housing such as micro or container housing and they are not apparent in the region because they are usually used for student, transitional or temporary housing. Staff did not think the site would be suitable for the latter type of housing because the homes would be 500 square feet, which is comparable to a hotel room. Families with small children will need more space as they grow. David Katz, 67 Midwood Lane, understood the land was 4.24 buildable acres. He asked if it was less than the land for the Oyer property, the Community Caring Center and the two homes that are occupied and learned it was just the GRA-owned property. He thought 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 the entire block was 5.5 acres. He disagreed multi-family townhomes would be compatible with the Oyer historic home, and he suggested the Board do the same thing as Ocean Breeze West. The CRA should buy the two current properties; one is owner occupied and the other was not, and the CRA should replat the lots and give them to Habitat for Humanity or a CDC to build single-family homes that look like cottages. They would give the property away. He thought the CRA should sell the small sliver of land to the Oyers as the way it is presently platted, the adjacent property is a few feet away from the property line. Susan Oyer, 140 SE 27th Way, as co-owner of 500 Ocean Properties LLC and 417 Ocean Properties LLC, based out of 511 E. Ocean Avenue explained she did not receive a response to her letter to the CRA or the City about the disposition of the property. She was asking the City for part of the easement. She assumed adjacent property owner Blanche Hearst-Girtman would want the other half. She also had asked about buying or obtaining the other buffer properties as it appears the driveway is one to two feet off the property line, which was why she requested getting more land. She asked about the status, the letter was sent over a month ago. She was worried they would go forward with the development without addressing her request. Mark Karageorge, 240A Main Blvd, commended Ms. Shutt for the analysis. In the past, RFPs were issued that did not receive any responses because they were written for single-family homes. He noted a development could still occur. It could be built by Habitat for Humanity or the CDC. Ms. Shutt was also familiar with Westgate. When Mr. Karageorge obtained his certification as a Community Real Estate Development Professional, he studied the Cottage District. It was discussed there was a need for a subsidy if doing single-family homes. The cost must be offset somehow either through the land value, construction costs or allowing the end user to receive a discount on the pricing. It is hard for the developer to construct affordable single-family homes in this market. He emphasized he was discussing affordable housing and not workforce housing. He thought the Board should allow flexibility because if the RFP is written too rigidly, no one would respond. With the options Ms. Shutt presented, the CRA will receive different responses. No one else coming forward, public comments was closed. Board Member McCray asked about the Oyer request. Mr. Simon explained he, City Manager Lori LaVerriere, Public Works and Engineer Jeff Livergood and Gary Dunmeyer, City Engineer, have been discussing how to handle the request. Mr. Simon spoke with Ms. Oyer after the last meeting advising they were not doing anything right away with the property, and any type of analysis or response would occur over the next several months. Typically, CRAs do not dispose of properties that it owns for the sake of disposing property. There are statutory guidelines regarding owning and redistributing property: not as an enrichment to an individual. Staff would consider the activities of the adjacent property owners for the project and would require setbacks and buffering, and these factors would be taken into account as the project is being advertised and the responses 15 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 Fine. 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 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 NEW BUSINESS AGENDAITEM: 14.F. SUBJECT: Consideration of an Interlocal Agreement between the Boynton Beach CRA and Solid Waste Authority of Palm Beach County SUMMARY: In November 9, 2017, CRA staff submitted a new grant application for the 2018 SWA's Blighted and Distressed Property Clean-up and Beautification Grant Program (BDPCBGP). The grant activities include $16,424.25 for the asbestos abatement and demolition of the building located at 1110 N. Federal Highway, $6,699.50 for the landscape replacement maintenance at the Boynton Harbor Marina, and $50,427 for the roof replacement at the Historic Woman's Club of Boynton Beach, totaling $73,550.75 (see Attachments I and II). Staff was notified on March 5, 2018 that the CRA was awarded the full request of $73,550.75 for the previously mentioned activities in the grant application. See Attachment I I I for the draft Interlocal Agreement between the CRA and SWA. Staff is also seeking approval allowing the CRA Executive Director, Michael Simon, to execute the agreement on behalf of the CRA Board, subject to final review by the C RA legal counsel. BACKGROUND During Fiscal Year 2016-2017 the CRA applied for and was awarded a similar grant in the amount of $62,310 under the Solid Waste Authority of Palm Beach County (SWA) for the BDPCBGP. The CRA successfully completed the project goals and the grant was closed out with the final SWA grant disbursement paid to the CRA in September of 2016. FISCAL IMPACT: FY 2017-18 allocation includes $73,957 for Capital Outlay, Sitework& Demolition, Line Item 02- 58200-405, $200,000 for Capital Outlay - Woman's Club Improvements & Renovations, Line Item 02-58200-404, $90,000 for Property Maintenance Costs - Woman's Club, Line Item 01- 51620-209, and $25,000 for Marina Property Maintenance Costs, Line Item) 01-51630-209. The estimated cost of the activities originally submitted for the grant application is $414,930.25. SWA grant award of $73,550.75 will be leveraged with the CRA funds allocated in FY 2017-18 for the demolition cost for 1110 N. Federal Highway and and repair and maintenance costs for the Historic Woman's Club of Boynton Beach and Boynton Harbor Marina. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Interlocal Agreement between Boynton Beach CRA and Solid Waste Authority of Palm Beach County subject to final review by legal counsel and allow the CRA Executive Director, Michael Simon, to execute the agreement on behalf of the CRA Board. 2. Do not approve the Interlocal Agreement between Boynton Beach CRA and Solid Waste Authority of Palm Beach County. 3. The Board may approve modifications to the I nterlocal Agreement between the Boynton Beach CRA and the Solid Waste Authority of Palm Beach County upon review and discussion. ATTACHMENTS: Description D Attachment I - Excerpts from the 2018 SWA Grant Application D Attachment II - February 28, 2018 SWA Board Agenda and Grant Overview D Attachment III - Draft 2018 ILA Between the CRA and SWA Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application Section 1 General Information Section 2 Description of the Project and Impact on the Community Sections 3 & 4 Estimated Timeframe for Completion and 4. Project Schedule Section 5 Project Location and Cost Estimates Section 6 How Will the Project be Maintained? Section 7 Project Budget Section 8 a. Additional Photos (Projects along southern portion of Federal Hwy. b. FY 2017-18 Budget and Resolution (Excerpts of grant items only) C. Boynton Beach CRA 2016 Annual Report ,r tri ir, '`e pit I t t !'ri rtii q', Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application 1. Gerierol Background The Boynton Beach Community Redevelopment Agency, a public agency created by the City of Boynton Beach pursuant to Chapter 163 Part III of Florida Statutes (The Community Redevelopment Act of 1969), is tasked with eliminating slum and blight within its designated area (see Section 1 - CRA Map). The Boynton Beach Community Redevelopment Agency (CRA) was established by the City of Boynton Beach City Council on August 4, 1981 with the adoption of Resolution No. 81-SS and ordained pursuant to Ordinance No. 82-13 adopted on May 18, 1982 (see Section 1). The original CRA boundaries were subsequently established pursuant to Resolution No. 82-KK adopted in May 4, 1982 and later expanded pursuant to Resolution 98-33 adopted on September 3, 1988. On October 6, 2015, the City Commission appointed itself as the governing body of the CRA with the adoption of Resolution R15-128. Pursuant to Florida Statutes, a community redevelopment area is an area where slum and blight exist. Examples of conditions that can support the creation of a Community Redevelopment Area include, but are not limited to: the presence of substandard or inadequate structures, a shortage of affordable housing and inadequate infrastructure. The CRA improves deteriorated areas through revitalization efforts which improves the property values within the designated CRA area and increases property tax revenues. The CRA area is 1,650 acres along the eastern edge of the City of Boynton Beach. The major north/south road in the CRA is Federal Highway/U.S. 1. East/west connectors are Gateway Boulevard, Boynton Beach Boulevard, Woolbright Road, and Gulfstream Boulevard. The Community Redevelopment Agency is responsible for developing and implementing the Community Redevelopment Plans that addresses the unique needs of the targeted area. The plan includes the overall goals for redevelopment in the area, as well as identifying the types of projects planned for the area. Examples of projects include- streetscapes; redevelopment incentives for such things as fagade improvements and structural improvements, infill housing; downtown and waterfront revitalization. The redevelopment plan is a living document that can be updated to meet the changing needs within the Community Redevelopment Area. The funding source for CRA redevelopment initiatives is tax increment financing (TIF), a unique tool available to cities and counties for redevelopment activities. It is used to leverage public funds to stimulate redevelopment activity in the targeted area without raising taxes. Until now, the redevelopment activities were guided by four different plans that overlapped and did not provide a focused vision for the entire CRA area. In August 2014, the City Commission and CRA Board held a Strategic Planning Initiative work session, out of which came a high priority recommendation to consolidate the existing plans with a comprehensive update that would reflect the changes in economic environment, the objectives, as well as the achievements of the previous efforts. There has been a Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application consensus that, in spite of these significant achievements, the vision of a vibrant downtown with revitalized corridors has yet to be realized. There are six districts in the consolidated 2016 Boynton Beach Redevelopment Plan (http://catchboynton.com/images/PDF Files/RedevelopmentP Ian Final WEB.pdf). The more blighted conditions may be found along or adjacent to Martin Luther King Jr. Boulevard within the Heart of Boynton sub-district. On the east side of Federal Highway, the depth of commercial lots is also inadequate to build anything that is responsive to the market. Land assemblage is required to create a developable site; moreover, there are only a few vacant parcels. Among numerous outdated commercial buildings, some are vacant and many under maintained. Additionally, many of the uses are not compatible with the vision of the Plan or with the adjacent residential neighborhoods. A major challenge to redevelopment in the area of Federal Highway is the lack of developable parcels. The Boynton Beach CRA would like to accomplish two goals with the current Solid Waste Authority (SWA) Blighted and Distressed Property Clean-Up and Beautification Grant request. The request will further the implementation of the 2016 Boynton Beach Redevelopment Plan. By utilizing the SWA funding and leveraged with CRA funds, we believe that the implementation of this project will directly impact the quality of life for area residents and encourage further investment into the community. The two proposed project activities include: • Demolish the derelict CRA-owned commercial structure located at 1110-1112 N. Federal Highway and assemble the adjacent parcels to provide a redevelopment catalyst and an anchor for the Martin Luther King, Jr. Boulevard corridor and the Heart of Boynton community. The CRA Plan referenced the flexibility to develop retail and residential or retail and office uses, allowing the market to determine the best mix to support the Heart of Boynton neighborhoods as well as the 2,358 new residential units along Federal Highway. • Leveraged cost to replace the roof and landscaping of the newly acquired historically designated Woman's Club building and Boynton Marina public open space. The grant funds will assist the CRA in its economic development and historic preservation efforts. Grant Request and Justification In 2016, The CRA received $62,310 from the SWA Blighted and Distressed Property Clean-Up and Beautification Grant for the Heart of Boynton Neighborhood Improvement Project. The successful completion of the project provides momentum for the CRA to continue its redevelopment activities in the adjacent Federal Highway and Downtown Districts to the east of the Heart of Boynton District. The CRA is respectfully requesting a total of $16,424.25 for the demolition of one blighted property and $57,126.50 for property maintenance activities, which includes landscape maintenance and replacement costs associated with increased property and ,r tri ir, '`e pit I t t�!'ri rtii q', Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application site maintenance of CRA-owned properties as a result of age and damage from Hurricane Irma. These comply with Section 1.3, Eligibility Requirements, and supportive documents have been included as part of this submission package. The requested SWA Blighted and Distressed Properties Grant funds are needed to cover some of the unanticipated costs (see Section 5 for detailed cost estimates) in the CRA's budget (Section 7). If grant funding is not available, the current budget will need to be adjusted to put aside projects and/or reduce funding from other community benefitting projects. The CRA funds all of the cost of maintaining the Boynton Marina public open space and the newly acquired 1925 nationally registered historic Boynton Woman's Club within the CRA District. The biggest shortfall is the cost associated with the Woman's Club building. The CRA budgeted only $200,000 for minor interior and exterior repairs (e.g. painting, structural repairs as a result of the termite damage, termite fumigation, mold remediation, refinish floor, lighting and electrical work, etc.) based on visual inspections during the due diligence period for the Boynton Woman's Club (see Section 7, FY 2017-18, Capital Outlay, line item #404, $200,000, and Buildings & Grounds, line item #209, $90,000) and the Boynton's Marina and adjacent public open spaces (see FY 2017-18, Marina, line item #209, $25,000). Subsequent to the closing on September 29, 2017 and Hurricane Irma's arrival, the CRA was notified of additional critical repairs for the Woman's Club which included a new roof (see Section 5). The due diligence reports were mostly non-invasive inspections which include plan examination and on-site visual assessment. The reports indicate the building was in good condition and only minor cosmetic and structural repairs were anticipated for a building that was built in 1925. The increased costs were attributed to the roof damage from Hurricane Irma which led to the discovery that the existing roof is at the end of its life cycle. With respect to the elevator, increased stormwater from recent storms events added more to the already saturated ground and flooded the elevator pit. Additionally, two of the seven air conditioning units stopped working in mid-October and needed to be replaced (see lowest repair/replacement quotes from Hoffmann & Nixon Air Conditioning, Inc.). The landscape replacement is required since existing landscaping must be removed to provide clearance for the termite fumigation. Additionally, some of the landscaping are in poor condition and will need to be replaced to soften and bring the two story building to scale with the existing one story residences in the area and enhance the historical character of the building. As a government agency whose mission is to eliminate slum and blight, our 35-year record of successful redevelopment will ensure that the grant funding will be properly used in alignment with the SWA's grant objectives to improve the quality of life and provide a safer, healthier and more aesthetically pleasing environment. Since the CRA team will be responsible for all phases of the grant implementation, the consistent quality and safety controls will be maintained throughout the demolition process, property maintenance, and clean-up activities. If awarded the requested funds, the CRA is confident it will able to complete the demolition of 1110-1112 N. Federal Highway, complete the roof and landscape replacement for the ,r tri ir, '`e pit I t t�!'ri rtii q', Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application historic Woman's Club property, and landscaping replacement of the damaged landscape materials for the Boynton Marina public open space by summer of 2017. Furthermore, since the CRA has successfully completed its 2017 SWA Grant Blighted and Distressed Property Clean-up and Beautification Grant allocation well within the designated time, the SWA may be assured that the CRA has the capacity to perform the work. Conclusion The grant funds would allow the blighted property to be demolished sooner and help improve the appearance of gateway to the Heart of Boynton District which will contribute to community pride and ownership. With respect to the building and landscape replacement activities for the Woman's Club and Boynton Marina, these activities will not only assist in the CRA's economic development of the thriving existing marine industry, but also will preserve the City's cultural and historical heritage. It should be noted that the marina is one of the few publicly owned and operated commercial marinas in the area and the CRA have invested over$25 million dollars to protect the public space and access to the waterway. This leveraging of funds is another example of how creative partnerships between public agencies can accomplish more than what each can do alone. Furthermore, since the CRA is a public entity that is charged with the redevelopment of the area, this is a long-term commitment for the Agency. ,r tri ir, '`e pit I t t�!'ri rtii q', Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application 2. De_,scri IJ 1, N ption of"the Project and Irnpact on f7therorrununifty Demolition Activities The CRA is requesting $16,424.25 to be used for the demolition of 1110-1112 N. Federal Highway (see Section 5). The property was purchased by the CRA in 2016 in its continued effort to eliminate slum and blighted influences adjacent to the Heart of Boynton District along the North Federal Highway corridor. The CRA have spent $170,000 to acquire this property in 2017. Monthly carrying and maintenance costs have also been expended. The results of the attached asbestos survey indicated presence of asbestos containing materials in the roof flashing in amounts greater than 1%, therefore, abatement must occur prior to demolition. As the structures on the properties have not been maintained and are deteriorating due to age, demolition will be required to eliminate the slum and blighted influences on the neighborhood. Due to the nonconformities that also exist on this property, it was too cost prohibitive to renovate the building (approximately$91,000 for the shell and mechanical, electrical, and plumbing only) and provide adequate parking and maneuvering for any commercial use on the site. Therefore, it is critical for the CRA to demolish the property before it becomes a crime attractant and nuisance to the area. Asbestos abatement must be performed prior to submitting for a demolition permit. All permit applications have been prepared and demolition and abatement services have been retained in accordance with the CRA procurement policies and procedures. The CRA will issue a notice to proceed on the abatement upon grant award notification and execution of the Interlocal Agreement between the SWA and the CRA. Unless there are building permit backlog, it is anticipated that demolition permit for this property may be issued by April 1, 2017 and demolition of this property be completed by June 1, 2017. The benefits of the demolition are the elimination of an eye sore and the opportunity to redevelop with the adjacent lots. 1110-1112 N. Federal Highway will be part of an ongoing assemblage of land that will be redeveloped as neighborhood serving uses. Once assembled, the CRA will issue a Request for Proposals (RFP) for the redevelopment of the properties. The CRA's land assemblage and redevelopment strategies are detailed in the adopted 2016 Boynton Beach Community Redevelopment Plan. The redevelopment of this property along with the adjacent properties will stabilize the neighborhood through the creation of viable commercial properties, bringing new employers, residents, and visitors into the area who will contribute to the fabric of the community. The CRA has been engaging the community for the past three decades and will continue to do so by giving a facelift to these properties. The redevelopment of these properties will provide a much-needed improvement to the streetscape and further our efforts in the elimination of slum and blighted conditions in the area. Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application Cost of service Subtotal Asbestos Survey $450.00 $450.00 Abatement $2,500.00 $2,500.00 Demolition $13,474.25 $13,474.25 Total $16,424.25 Property Maintenance Activities The requested amount for the Property Maintenance Activities for the requested grant cycle is $57,126.50 and is detailed below. This amount is needed for the maintenance of the Woman's Club building and site and the Boynton Marina public open space. The CRA's Development Services Manager, Ms. Theresa Utterback, will be the project manager for the demolition, roof and landscape replacement, and maintenance activities and Ms. Thuy Shutt, Assistant Director, will oversee the SWA grant implementation and will be responsible for the monthly status reports. Ms. Utterback works daily with the City's staff and contractors for the grant activities. Most of Ms. Utterback's time is spent on managing the CRA's acquisition, development, and maintenance contracts, and ensuring that all improved and vacant CRA-owned properties are well maintained. ,r tri ir, '`e pit I t t�!'ri rtii q', Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application All environmental reports and asbestos survey are completed for 1110-1112 N. Federal Highway. Asbestos abatement will be required for 1110-1112 N. Federal Highway prior to submission of the demolition permit application to the City of Boynton Beach for review and approval (see attached building permit information). Upon execution of the ILA between the SWA and the CRA, the CRA will authorize the notice to proceed on the asbestos abatement. The demolition activities can begin upon issuance of the demolition permit by the City. Mobilization and demolition will take approximately 15 days. All demolition activities should be completed and closed out by June 1, 2018. The CRA is honoring previously booked events by the Boynton Woman's Club at the facility and will work the critical repairs and roof replacement activities between the events. All building maintenance and landscape maintenance activities will be required to comply with the CRA's procurement requirements. The roof replacement for the Woman's Club and landscape replacement for the Boynton Marina public open space will require a formal Invitation to Bid. It is anticipated that this could be done within 60-90 days inclusive of the building permit process and therefore will be completed within the grant designated time period of 12-months. As previously mentioned, the CRA has experience with this grant program and have streamlined the grant implementation process to be able to complete the demolition on time and effectively leverage the grant funds to improve the quality of life for the residents of Boynton Beach. 1, tinq', Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application Task Start Date Completion bate Entity Responsible Demolition 1110-1112 N Federal Highway Boynton Beach Demolition 4/1/2018 6/1/2018 CRA Property Maintenance Woman's Club Roof Repair Boynton Beach 3/1/2018 6/1/2018 CRA Woman's Club Landscape Boynton Beach Replacement 12/1/2017 1/1/2018 CRA Boynton Marina Public Open Boynton Beach Space Landscape 3/1/2018 5/1/2018 CRA All CRA activities relating to the SWA grant is subject to and consistent with the attached procurement procedures and policies. ,r tri ir, '`e pit I t t !'ri rtii q', I� , i ,ii fit,I,i''i'i } ,t; rr ;'I`;' 1 i ,ai ;i) I ,sI 2r ri }t '. j ,it('; _ • Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application ,� , �, ��'C I L. C 4,3,110 , : Demolition Sites The CRA purchased this property in March of 2017. The subject property consist of two attached commercial tenant bays which was occupied by a florist. 1110-1112N. Federal Highway are located within the Federal Highway District at the NE corner of the intersection of Federal Highway and Martin Luther King Jr. Boulevard within the Federal Highway District. This portion of the corridor is a priority redevelopment area for the City and CRA since it abuts the Heart of Boynton District. The requested grant funds will provide a boost that will enable equitable development to occur in an underserve area, bringing it close to the quality of the new residential and mixed-use communities along the southern portion of the Federal Highway District. The attached maps and photos are provided to show the existing conditions of the buildings and surrounding properties. It should be noted that the CRA have invested heavily in the Heart of Boynton neighborhoods by supporting the local housing partners such as the Habitat for Humanity of South Florida. The CRA have acquired and made land available at a low cost to the nonprofit throughout the years and will continue to do so to prevent displacement and gentrification. There is still more left to be done and with the SWA's grant assistance, the CRA resources can be stretched even further. 1110-1112 N. Federal Highway a a s - ht; North Elevation ,r tri ir, 0(,;,t I t , i'ri rtinq' Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application �i � r South Elevation 4 s � � 1rr 14 � f'�i East Elevation i- i West Elevation �,r tri ir, 0(,;,t I t t�i'ri rtinq' Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application Interior of 1110 Tenant Space r i !s f M � fr l� i+f`i i� Slt — ` M, ' - � Interior of 1112 Tenant Space c F i � I srt 0(,;,t I t t�i'ri"rtinq', Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application t „t 1 ti w t n� S Oi� � r. rtinq' Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application Adjacent Properties rc` , i 1 1 North N _ South East t. West I t t�i'ri rtinq' Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application Property Maintenance Sites As stated previously, the CRA received funds in 2017 to assist in the elimination of slum and blighted conditions in the Heart of Boynton District. This year's request continues the CRA's efforts in the Federal Highway and Downtown Districts. The Woman's Club is located in the southern portion of the Federal Highway District at 1010 S. Federal Highway, approximately 0.25 miles north of Woolbright Road, on the east side of Federal Highway. The second property requested for grant funds in this category is the Boynton Marina public open space which consists of CRA-owned properties located at the NE corner of the intersection of Ocean Avenue and Federal Highway. ,r tri ir, '`e pit I t t !'ri rtii q', Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application Boynton Woman's Club �� it .1• , II V ��}�a�t\a�s��{, .. .,, - - a, L n rte° North Elevation South Elevation fi East Elevation West Elevation I �t Standing Water in Elevator Pit 0(,;,t I t ,�i'ri rlinq.,, {{ ,�{ ,ii fit,I,i''i'i } ,,�;� r�{ ;'I`;' 1 i ,a{ i ;,) I�,sI �2, ri }, �'�. � j ,it(�. _ • Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application Boynton Marina (pre-Hurricane Irma) V.. 51 { { 1 � nFw r � t Aav tt-. a tt i r j Boynton Marina Public Open Space !•;'all- t� j.. { 44 � apt i ye u r P 1 Before After 0(,;,}I t t�i'ri rtinq' Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application it i Before After �, i { t Before After , i t After After Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application 6. How LeVill ffhe 1-7roifam.1- be As previously mentioned, the CRA employs a full-time Development Services Manager, Ms. Theresa Utterback, whose primary job is to procure services and manage all activities needed to rehabilitate/renovate, and maintain all CRA-owned properties. In addition, the CRA also contracted with several companies for property and lawn maintenance services for CRA-owned properties (see attached A Cut Above and Turf's Up contracts for the CRA-owned Boynton Marina and properties). All services have been procured in accordance with the CRA's procurement policies (see Section 1). The attached contract details the schedules for the Boynton Marina. The contracts are annual contracts and are valid through March 6, 2018 for A Cut Above and June 1, 2018 for Turf's Up. An RFP for landscaping maintenance of the CRA-owned properties is anticipated to be released by January 2018 to streamline the CRA's property management process. It has been customary for the CRA to extend a current contract for up to 60 days if needed to allow for the RFP process to take place and the transition between the vendors. This will ensure that the property maintenance will not be interrupted. Ms. Utterback and Assistant Director, Ms. Thuy Shutt, will be the CRA's representatives for the SWA Blighted Property Grant Program. As previously mentioned, Ms. Shutt will be overseeing the administrative components of the grant but the daily implementer will be Ms. Utterback through the CRA's contractors. Successful revitalization and redevelopment do not stop at the brick and mortar activities. Ongoing maintenance needs to always be considered to protect the public and private investments within the entire CRA District not just on CRA-owned properties. Even though the CRA does not own some of the adjacent areas of the Boynton Marina, the CRA maintains the landscaping through a Master Association along the Intracoastal Waterway and other common area. . 7Fly" &rt & et _ , ojfawBudg The attached project budget below does not take into account the acquisition funds or the CRA's contribution to the property maintenance of other CRA-owned properties or soon to be acquired. Detailed costs for each demolition and documentation are attached for review. These costs are procured in accordance with the CRA procurement requirements. The demolition costs for the 1110-1112 N. Federal Highway property was obtained in accordance with a request for quotes process. The landscape replacement and maintenance contract was obtained through the contracted entities responsible for the maintenance of the Boynton Marina public open space. 1, tinq', Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application N N � O O� ti �� . to ti OO RN C�fl i d CD r—Cfl L~ O� t.-T ti a d elf O O O O �j O O O O O O O O N H Ef3 Cf3 Ef3 6F3 V R � (7 C CM R LL �_ O O O O � O R O D 0 o O O ca- o ao ai H O N O M R � Lf) GfN"? M U N O 0 ti O~O N N O OLx-.) --*- Cfl Liz O Cfl O GfC9T ti ~ Cf3 Ef3 Cf3 N ac O Cn i C = Q _d O c R C U — C-j U H R ti CV F O O N LL> CT d M � n b~s� Liz O O : N O Liz N (n N tiN rn U U -Z*- cfl v N a� M o� o o a> a� Rri CO O �+ O 75C3 CO c U - QJ t= CB O IC s= O Q) CB O Q CO C 00 - NCOi= O BOO d s? 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Hwy.) 500 Ocean Avenue Mixed Use Casa Costa Mixed Use Seabourn Cove Residential Community 0, Tuscany Residential Community 0(,;,r 1, tinq', Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application 8b. rPtAFY201,7-.lBBu(.�""9e-"+ cytie.,," 'ResoN�'.u,+R�qot,,i ('E-,er�( ,jw�lpft o F grari +e + mm OM 01"lly) 0(,;,t 1, tinq', Boynton Beach CRA Demolition & Property 2018 SWA Blighted and Distressed Property Maintenance Application and Beautification Grant Application SC BOyj,,j+0j,,j Beel-rhCRIA 2016,Ar;r;uaIR(,--,.por+ 0(,;,t 1, tinq', IM 1E 04 IM SOLID WASTE AUTHORITY BOARD REGULAR MEETING FEBRUARY 28, 2018 9:00 AM SOLID WASTE AUTHORITY 7501 N.JOG ROAD,AUDITORIUM WEST PALM BEACH,FLORIDA 33412 wiviv.siva.org 1. CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE 2. AGENDA: Additions 1 Deletions 3. MINUTES: November 8,2017 [Regular Meeting] November 21,2017 [Special Meeting] November 30,2017 [Workshop Meeting] December 20,2017 [Special Meeting] 4. MINUTES: Citizens' Advisory Committee February 21,2018(R&F) 5. RECOMMENDED CONSENT AGENDA a. Sole Source Procurements Recommendation: Receive and file. b. Environmental Investigations Unit—Status Report Recommendation: Receive and file. c. Disposal of Surplus Assets Report—Auction held October 28,2017 Recommendation: Receive and file. d. 2016/2017 Comprehensive Annual Financial Report(CAFR) Recommendation: Receive and file. Page 1 Solid Waste Authority Board Meeting February 28,2018 5. RECOMMENDED CONSENT AGENDA (continued) e. Adopt A-Highway Litter Removal Agreement (I-95 Lantana Road and Linton Boulevard Interchange):2-Year Extension of Florida Department of Transportation(FDOT)Agreement Recommendation: Receive and file. f. Adopt-A-Highway Litter Removal Agreement (3.5-mile section of SR-7 from Atlantic Boulevard MP 8.647 north to MP 12) Adjacent to South West Transfer Station: 2-Year Extension of Florida Department of Transportation(FDOT)Agreement Recommendation: Receive and file. g. Adopt-A-Highway Litter Removal Agreement (2 Miles of Beeline Highway from Nortblake Boulevard to Haverhill Road): 2-Year Extension of Florida Department of Transportation (FDOT)Agreement Recommendation: Receive and file. h. Amendment to Interlocal Agreement OLA)with Palm Beach County allowing the Authority to access Common Talk Croups on the County's Public Safety Radio System Recommendation: Authorize Chair to approve the third amendment to the Common Talk Group Interlocal Agreement providing as- needed emergency access to the County's 800mhz 2-way radio system for the benefit of interoperability with other public safety users. i i. Hurricane Irma Emergency Response: Temporary Use Agreement between Lee County Solid Waste and Solid Waste Authority of Paha Beach County; and Sale of Surplus Equipment to Lee County G Recommendation: Authorize Sale of Surplus Equipment(three refuse trailers) to E Lee County Solid Waste at a cost of$20K per trailer. i C j. External Auditor Contract Extension:Nowlen,Holt and Miner,P.A. Recommendation: Authorize Executive Director to extend contract 15-277 with Nowlen, Holt and Miner, P.A. for an additional three-year term,subject to Legal Counsel review and approval. i E Page 2 t F Solid Waste Authority Board Meeting February 28,2018 S. RECOMMENDED CONSENT AGENDA (continued) k- Renewal of Designated Facility Contract: Waste Management Inc. of Florida (WM) Facility known as WM Recycling Sun 2 in Broward County,Florida Recommendation: Authorize Executive Director to renew the contract allowing for the recycling of Palm Beach County Construction and Demolition (C/D) debris at the WM Recycling Sun 2 facility in Broward County, Florida, effective through February 28, 2019. 1. Amendment#2 to Agreement for Alarm Monitoring Services Recommendation: Authorize Executive Director to exercise the option to extend the contract between Securitas Electronic Security, Inc. and the Solid Waste Authority for one (1) year through March 2, 2019,subject to Legal Counsel review and approval. m. Amendment#2 to Piggyback Contract for Financial Advisory Services Recommendation: Authorize Executive Director to extend the Piggyback contract(PBC BCC contract#13-096/DP)with PFM Financial Advisors, LLC through February 2, 2019, subject to Legal Counsel review and approval. 6. MATTERS BY THE PUBLIC Anyone wishing to address the Board should complete a Request Card famished on the Agenda table. Upon completion,please pass to the Clerk BEFORE the beginning of the meeting.Thank you for your cooperation. 7. PUBLIC BEARING/WORKSHOP None. 8. OLD BUSINESS (]POSTPONED ITEMS) None. 9. NEW BUSL%TESS A. EXECUTIVE DIRECTOR I MANAGING DIRECTOR (M.Hammond A Pellowitz) 1. Citizens' Advisory Committee(CAC)Appointments Recommendation: Approve CAC appointments for the upcoming year. Page 3 Solid Waste Authority Board Meeting February 28,2018 9. NEW BUSINESS (continued) A. FA ECUTITVE DIRECTOR/MANAGING DIRECTOR (continued) 2. Selection of Executive Director Recommendation: Follow Board Direction 3. Timeline for Policy Deliberation Phase Priorities to Address Disparity Study Findings Recommendation: Follow Board Direction 4. SBE Insurance and Bonds Recommendation: Follow Board Direction 5. Small Business Loans Recommendation: Follow Board Direction B. LEGAL COUNSEL (Howard Falcon,Attorney) None. C. OPERATIONS FIELD SERVICES AND UTILITIES (Mark Eyeington,Chief) 1. Recommendation and Award of Contact for providing Engineering Services for Instrumentation&Control.(I&C), Supervisory Control and Data Acquisition(SCADA) Systems,and Related Electrical Services Recommendation: Authorize Executive Director to execute a contract for providing engineering services for I&C, SCADA and related electrical services to ADS Engineering, Inc. (SBE),subject to Legal Counsel review and approval. D. CUSTOMER INFORMATION SERVICES (John Archambo,Director) 1. 2018 Blighted and Distressed Property Cleanup and Beautification Grant Award Recommendation: Seek Board Direction r I Page 4 i Solid Waste Authority Board Meeting February 28,2018 9. NEW BUSINESS (continued) D. CUSTOMER INFORMATION SERVICES (continued) 2. Solid Waste and Recycling Collection Franchise Agreement Contract Extensions: Service Areas 1,2,3 and 4 Recommendation: Authorize Chair to execute Amendment 2 to the Solid Waste and Recycling Collection Services Agreements 14-202,14-203,14-204 and 14-205 for Services Areas 1,2,3 and 4 allowing contracts to be extended for one (1) additional year effective October 1, 2018, subject to Legal Counsel review and approval. E. ENGINEERING AND CONSTRUCTION SERVICES (Ramana Kari,Chief) 1. Expiration of Lease Agreement Numbers 03-270, 05-203 and 09-223 with 301 Associates Inc. Recommendation: Authorize Executive Director to negotiate a new lease for the use of the Cross State property, subject to Legal Counsel review and approval. 2. Recovered Materials Processing Facility (RMPF) Amended and Restated Operations and Maintenance Agreement Extension Recommendation: Authorize Executive Director to execute Amendment #4 to the Amended and Restated Operations and Maintenance Agreement for the Recovered Materials Pr*ocessing Facility (RMPF) as amended between the Solid Waste Authority and FCR Florida, LLC to extend the term of the Agreement by twelve (12) months to September 30, 2019, subject to Legal Counsel review and approval. F. PLANNING&ENVIRONMENTAL PROGRAMS (Mary Beth Morrison,Director) 1. Initial Designated Facility Contract: Waste Management Inc. of Florida (VVM facility knows as WM Recycling Sun 14 in Broward County,Florida Recommendation: Authorize Executive Director to issue a contract allowing for the recycling of Palm Beach County Construction and Demolition (CAD) debris at the WM Recycling Sun 14 facility in Broward County,Florida, effective through February 28,2019. Page 5 Solid Waste Authority Board Meeting February 28,2018 f 9. NEW BUSINESS (continued) F. PLANNING&ENVIRONMENTAL PROGRAMS (continued) 2. Initial Designated Facility Contract:Panzarella MRF LLC in Broward County,Florida Recommendation: Authorize Executive Director to issue a contract allowing for the recycling of Palm Beach County Construction and Demolition (C/D) debris at PanzareHa MRF LLC in Broward County, Florida, effective through February 28,2019. 3. Solid Waste Management Facility Operation Permit Renewal: Aquarius Recycling,LLC Recommendation: Authorize renewal of Operation Permit #AR 0079 CD16 to Aquarius Recycling,LLC for a Construction and Demolition (C/D) debris and Yard Trash recycling facility until the August 2018 Governing Board Meeting. 4. Solid Waste Management Facility Operation Permit Renewal: Atlas Peat&Soil Boynton Beach Boulevard Recommendation: Authorize renewal of Operation Permit DM 0066 VR03 to Atlas Peat & Soil Boynton Beach Boulevard for a Yard Trash Recycling facility for a period of one (1)year. G. FINANCIAL MANAGEMENT SERVICES (Paul Dumars,Chief) None. 10. OTHER SCHEDULED MATTERS 11. COMMENTS BY GENERAL COUNSEL 12. COMMENTS BY AUTHORITY STAFF Page 6 Solid Waste Authority Board Meeting February 28,2018 13. COMMENTS BY THE BOARD Vice Mayor Mack B emard, Chair Commissioner Dave Kerner,Vice Chair Commissioner Hal Valeche,Secretary Commissioner Paulette Burdick,Member Commissioner Steven Abrams,Member Commissioner Mary Lou Berger,Member Mayor Melissa McKinlay,Member 14. CONFIRMATION OF MEETING DATES Monday,April 23,2018 at 9:00 AM—Regular Meeting(formerly April 11,2018) "If any interested person desires to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, such interested person will need a record of the proceedings, and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based." (F.S.268,0105) Page 7 2010BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP AND BEAUTIFICATION GRANT OVERVIEW � '' Lake Clarke Shores Pine Tree Park Exotic Vegetation Removal P[Qject Grant amount requested - $59,700.00 (First time grant request) The 1Ute| project cost is $79.700.00 and Lake Shores will contribute $20.000.00 cash for the project. This has been on the Town's To-Do-Lisdfor several years. This improvement will provide better visibility to the Park which will decrease the hoh of inappropriate activity occurring in the Pork. | This project vvU| fudheraOheDoethoappee| oftheex|etiOgPu[koDlanitie8aDdinspinaadd|tioDe| Park users contributing a safe recreational facility within the county. Review Findings: Project meets the grant criteria. 3. School District of Palm Beach County cleaning up and restoring a natural area of District prope!:!y. Grant amount requested - $8.40.00 (First time grant request) This projedwill remove litter and leftover construction debris from prioryears. The Preserve areas serve an important benefit to the community by providing nesting and breeding places for birds, 8Swell as anatural habitat for hedimsplants and animal species. The gopher tortoise, which is listed by the Florida FVVC as a threatened wildlife 8pecies, has been hDovVO to reside in the East Transportation preserve area. / Review Findings: Project meets the grant criteria. 3. Westgate CommunitV Redevelopment Agency for Oswego Avenue Park Cleanup and Properpt Enhancements Grant amount requested- $02700.00/Total project cost$475-313.20 This grant application seeks to continue deuOVp and beautification mfhodo along the L-2 C8D8| by clearing, cleaning Up, sodding and installing fencing on six (G) vacant resid 'nUa| CRA owned lots totaling .O8 acres,on Oswego Avenue between Seminole Blvd. and Osceola [>rims. Review Findings: Project meets the grant criteria. 4. West Palm Beach CRA Historic Northwest Clean and GEg2p Proect " Grant amount requested-$69.800.00 Total project Cnot $118.832.00 The request is for funds to cover the Cont of: 1. Additional employee including insurance- $37.8OO.0O 2. Overtime—Sanitation ($1.000.00); Code Enforcement ($3,200,00) 3. Security Cameras Purchase - $27.980.00 Review Findings: This application appears to /auk significant recycling and/or solid waste management hauling and disposal cornpVnent meeting the intent ofthe grant. � ITE M �� 2018 BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP AND BEAUTIFICATION GRANT OVERVIEW 5. West Palm Beach CRA 436 23rd Street Project Grant amount requested- $17,000.00 Total Project cost$71,000.00 The CRA is seeking grant funding for the demolition and disposal of a non-contributing structure in order to expand the public parking lot. The demand for additional public parking is growing as new businesses are opening in Northwood Village. This project includes demolition, recycling, hauling and disposal activities. Review Findings: Project meets the grant criteria. 6. Boynton Beach Rolling Green Municipal Complex Gate Automation Project Grant amount requested -$16.000.00 Total project cost $32,000.00 The project will improve the quality of the life and provide a safer, healthier and more aesthetically pleasing environment for the adjacent residents by mitigating illegal dumping. The installation of 50 linear feet of fencing and the installation of a 24'wide (6'tall) industrial, automated, cantilevered access gate will prohibit illegal access to the site. The two (2). schefflera trees to be removed will be chipped on site and the mulch used on-site. This will resolve a chronic illegal dumping and littering problem. Project includes site preparation, tree removal, sodding, fence and gate. Review Findings: Project meets the grant criteria. 7. City of Boynton Beach CRA Demolition and Property Maintenance Prolect Grant amount requested-$73,550,75 Total project cost$414,930.25 Demolition of 1110-1112 N. Federal Highway in its continued effort to eliminate slum and blighted influences adjacent to the Heart of Boynton District along the North Federal Highway corridor. This will eliminate an eyesore and the opportunity to redevelop with the adjacent lots. The application funds also will be used for the Woman's Club roof repair. The project includes landscaping for the Boynton Marina Public Open Space and replacement landscape at the Women's Club, Review Findings:Project meets the grant criteria. 8. Delray Beach CRA Demolition, Property Maintenance, Illegal Dumping and Mitigation Cleanup Grant amount requested - $69,324.54 Total project cost $472,792.74 The CRA is requesting $23,750.00 to be used for the demolition of two blighted properties purchased by the CRA in 2016. This project will continue the effort to eliminate slum and blighted influences in the West Atlantic Neighborhood. The CRA is requesting $33,133.91 for property maintenance activities. This amount is needed for the maintenance of the Atlantic Avenue Gateway Feature, staff management costs associated with the Gateway Feature and approximately 130 CRA-owned properties, including the maintenance costs of eleven acquired properties in 2017 which were not included in the CRA's original maintenance contract with its contractor, LV Superior Landscaping, Inc. The CRA's contract with LV Superior Landscaping, ITEM AL44 g # age 2 ZU1QBLIGHTED AND DISTRESSED PROPERTY CLEAN-UP AND BEAUTIFICATION GRANT OVERVIEW Inc. ioonly for maintenance and debris pick-up attime Ofmaintenance. |Oaddition tothe Gateway Feature maintenance, the requested grant funds will be used towards Mr. Lee's $63,000.00 annual salary plus benefits and to maintain any newly acquired properties in 2018. This amount provided iOthe application showed $15.2O0.1O. Review Findings: Most components ofthis project meet the criteria however the salary plus benefits portion for maintaining newly acquired properties may not. Reducing the salary amount would provide agrant amount of$54'058.38. 8. Citv of Belle Glade Storage Barn Removal Pr9ject Grant amount requested-$15.5OO.00Total project 000t $17.58O.00 The City of Belle Glade is requesting funds to remove a storage barn structure and site restoration of a publicly visible eyesore for local residents and tourists visiting the City of Belle Glade. The structure is in an extremely decaying condition and is presently a safety hazard, empen/m|/y a risk of bodily injury due to its collapsing roof. This building is known to draw vvaDdo[a and squatters from tirDe-to4i[ne. The structure also attracts rodente, which in turn, d[avYo1argenu0bn[aoffeFoicato. prodUcingabUpdenoonoeoUstOnth8citytok8epfe[a/ cat populations down. Review Findingw': Project meets tMe grant criteria. / 10. CitV of DelraV Beach Neighborhood Resource Center, Caring Kitchen, C1tV Hall, Utility Plant Fence line, Spady Museum Buildingg and Cason Coftage Projects Grant amount requested-$171.2O1.00Total projectcost- $171.281.O0 [ ` The City ofDelray Beach grant hsfor the purchase ofplants, fencing irrigation aystenn. rnU|ch. narnovo| of 16 Block Olive trees and 8 C)uoeO Pe|rne, and stump removal for six /O\ properties. Review Findings: Project meets the grant criteria. [ 0~ K��D� ^� � I � �= " " ��° " " r-�� D^� �� : ��.~ INTERLOCAL GRANT AGREEMENT BY AND BETWEEN BOYNTON BEACH CRA AND SOLID WASTE AUTHORITY OF PALM BEACH COUNTY (Blighted and Distressed Property Clean-Up and Beautification Grant) THIS INTERLOCAL GRANT AGREEMENT is made and entered into this day of March,2018,by and between the Solid Waste Authority of Palm Beach County,a dependant special district created pursuant to Chapter 2001-331,Laws of Florida, as amended,hereinafter (the "Authority") and Boynton Beach CRA, a public agency created pursuant to Chapter 163, Part III, Florida Statutes, hereinafter (the "Applicant"), by and through its duly authorized representative. WITNESSETH: WHEREAS,Section 163.01,Florida Statutes,authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic,population and other factors influencing the needs and development of local communities;and WHEREAS, the Authority's Governing Board has appropriated in the Authority's adopted 017/2018�iscal year budget funds for Blighted and Distressed Property Clean-up and fCommented[KRll:Based on the end dale,l suspect this should Beautification Grants;and - - - be2018-2019 WHEREAS, this Interlocal Grant Agreement is intended to assist in the cleanup and beautification of distressed, blighted, or otherwise impacted public properties within both the unincorporated and incorporated areas of Palm Beach County;and WHEREAS, this Grant is provided as an incentive to improve the quality of life and provide a safer,healthier and more aesthetically pleasing environment for the residents of Palm Beach County;and WHEREAS, the Applicant owns and controls a parcel(s) of land located within the boundaries of the AtjV4e-&r4CRA area and referred to hereinafter as(the"Property"); and WHEREAS, the Property is in a state of disrepair, is visible to the surrounding community, and attracts nuisances, including illegal dumping, littering and criminal activity to the detriment of the surrounding community;and 00954234-1 1 WHEREAS,the Applicant wishes to demolish existing blighted structure(s)on multiple properties,preparing parcels for redevelopment(the"Project");and WHEREAS, the Applicant wishes to replace the roof and landscaping on a newly acquired historical structure(the"Project");and WHEREAS, the Authority is the agency responsible for providing solid waste disposal and recycling programs for Palm Beach County and desires to assist the Applicant by defraying the cost of the demolition,disposal and hauling,and improvement activities associated with the Project through the provision of this Grant. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants,and obligations set forth herein,the Authority and Applicant agree as follows: 1. Incorporation of Facts The facts and background set forth above in the Preamble to this Agreement are true and correct and incorporated into and made a part of this Grant. 2. Purpose The purpose of this Grant is to set forth the respective duties,rights and obligations of the parties relating to the Authority's provision of this Grant and the Applicant's performance of the Project. 3. Contract Representatives and Monitors The Authority's Contract Representative and Monitor during the execution of the Project shall be John Archambo, Director of Customer Relations, or his designee, whose telephone number is (561) 697-2700. The Applicant's Contract Representative and Monitor shall be Thuy T.Schutt,whose telephone number is(561)600-9098. 4. The Project As part of the Project,the Applicant will: Formatted: No bullets or numbering A. Ddemolish a CRA owned commercial structure located at 1110-1112 N.Federal Hwy and assemble adjacent parcels to provide a redevelopment catalyst and an eastern anchor for the Martin Luther King, Jr. Blvd. corridor and the Heart of Boynton community. B. Leverage the cost to replace the roof and landscaping of the newly acquired historically designated Woman's Club building and Boynton Marina public open space. 5. Effective Date and Term This Grant shall take effect upon execution by the parties and shall remain in full force and effect until March 30,2019. 6. Conduct of the Project -9saz3a-r 2 A. The Applicant shall be solely responsible for all aspects of the Project,including but not limited to securing funding, securing all permits and approvals, procuring all labor and materials, and maintaining the property consistent with the intent of this Grant for its full term. B. The Authority shall only,without exception,be responsible for providing the Grant funding in the amounts and upon the Project milestones identified herein. C. Applicant agrees that it shall endeavor to complete the Project within 12 months from the date of execution of this Grant. The Applicant may request an extension(s) beyond this period for the purpose of completing the Project. The Authority agrees that it may not unreasonably refuse Applicant's request for an extension(s)as long as the Applicant is diligently pursuing the completion of the Project. D. Prior to commencement of the Project, Applicant shall submit a final project schedule to include starting and completion dates. The Authority shall review all documents within five (5) business days of receipt. If the Authority does not respond within the five (5) day period, then the Applicant may proceed as if the Authority had no comments or objections. E. The Applicant will submit monthly Project status reports to Authority's Contract Representative and Monitor by the fifteenth (15th) of the subsequent month. The reports will include,but will not be limited to,a summary of the work accomplished, problems encountered, percentage of completion and other information as deemed appropriate by Authority's Contract Representative and Monitor. 7. Funding The Authority shall disburse Grant funds in the amount of$73,550.75 as follows: A. Upon approval of final Pproject schedule, the Authority shall disburse a check equal to 50%of the total grant award. B. Upon contractor mobilization,the Authority shall disburse a check equal to 25% of the total grant award within 10 days of written request by the Applicant. C. Upon completion of the pProject,remaining grant funds shall be disbursed within 10 days of written request by Applicant. Applicant is solely responsible for providing all other funds necessary to complete the Project. The Authority shall not have an obligation to provide additional funding. 8. Ownership and Maintenance of the Project Applicant hereby represents and warrants that it is the fee simple owner of the Property and that the Property is unencumbered and free and clear of other interests,of any type or character. In the event any liens or encumbrances are filed or recorded against the Property, the Applicant shall immediately take all necessary steps, at its sole cost and expense, to clear and remove all such liens, interests or encumbrances. The Applicant represents and warrants that it has full legal authority to enter into this Grant. The -9saz3a-1 3 Applicant further warrants that it has the financial ability to maintain the Property as specifically intended and required under this Grant. A. The Applicant shall be solely responsible for all necessary costs, expenses, fees, charges,and all other liabilities of any type related to the execution and maintenance of the Project consistent with the intent of this Grant. B. The Applicant shall maintain the Property for the entire duration of this Grant Agreement in order to prevent the Property from reverting back to its previous state. In its application,Applicant provided a plan for maintaining the property consistent with the intent of this Grant and the Applicant will faithfully execute that plan. C. The rights and duties arising under this Grant shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. However, this Grant shall not be assigned without the prior written consent of the Authority, and any such assignment without the prior written consent of the Authority shall constitute grounds for termination of this Grant for cause. 9. Access and Audit Each party will maintain all books, records, accounts, and reports associated with this Grant for a period of not less than five(5)years after the later of the date of termination or expiration of this Agreement. All said records will be available to the other upon request. In the event claims are asserted or litigation is commenced related to or arising out of the performance of this Agreement, each party agrees that it will maintain all records relating to the Project and the Property until the other party has disposed of all such litigation,appeals,claims,or exceptions related thereto. 10. License and Permit The Applicant hereby grants to the Authority an irrevocable license and permit to access the Property, surrounding roadways, walkways, and any other means of ingress and egress to the Property for the purpose of ensuring compliance with this Grant for the duration of this Grant. The Parties each acknowledge that good and valuable consideration has been received to maintain such irrevocable license for the duration of this Grant. 11. Insurance A. Without waiving the right to sovereign immunity as provided by Section 768.28, F.S., each party acknowledges that it is either insured or self-insured for General Liability and Automobile Liability under Florida's sovereign immunity statutes with coverage limits of$100,000 Per Person and$200,000 Per Occurrence,or such other sovereign immunity waiver limits that may change as set forth by the State Legislature at the time of such occurrence. B. The Applicant agrees to maintain or to be self-insured for Workers'Compensation& Employers'Liability insurance in accordance with Chapter 440,Florida Statutes. -9saz3a-1 4 C. When requested, each party shall provide to the other, an affidavit or Certificate of Insurance evidencing insurance,self-insurance and/or sovereign immunity status. D. Compliance with the foregoing requirements shall not relieve either party of its liability and other obligations under this grant. E. The Applicant agrees to include no less than the above-stated insurance requirements as to type of coverage and dollar amount so as to meet the minimum requirements set forth above in all contracts related to the construction,use,or maintenance of the Project and the Property, and shall establish and maintain such coverage as a requirement for the issuance of any permit, license, or right to use or occupy the Project and Property unless this requirement is expressly waived in writing by the County's Contract Representative and Monitor with the approval of County's Department of Risk Management. 12. Public Entity Crimes Each party shall comply with Section 287.133(2)(a),F.S.,as amended,which provides in pertinent part as follows: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for Category Two for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. 13. No Third Party Beneficiaries Except as specifically set forth and as limited herein, this Grant confers no rights on anyone other than the Authority or the Applicant and is not otherwise intended to be a third party beneficiary contract in any respect. Nothing contained in this Agreement shall constitute the Authority's acceptance of any obligation or liability not otherwise imposed under this Grant or by law upon the Authority. 14. Termination A. In the event the Applicant fails to comply with any provision of this Grant, the Authority may exercise any and all rights available to it, including termination of this Grant. The Authority will notify the Applicant of its noncompliance and provide the Applicant thirty (30) days or such additional period granted by the Authority to cure the noncompliant event(s)or act(s). In the event the Applicant has not cured the noncompliant act(s) or event(s), or if the Applicant cannot cure the noncompliant act(s) or event(s), the Authority may terminate this Grant. If the -954234-1 5 Authority terminates this Grant for the Applicant's failure to cure under this provision,the Authority may require the Applicant to pay to the Authority the Grant funds that were expended by the Authority for the Project, or such other lesser sum equivalent to the value of the remaining useful life of the Project,as determined by the Authority in its sole discretion. B. The Authority may also terminate this Agreement for convenience, in whole or in part, at any time,by written notice of such termination to the Applicant should the Authority, in its sole discretion, determine that it is necessary to do so for any reason. The Authority shall notify the Applicant of its intent to terminate for convenience at least ninety (90) days in advance of the termination date by delivering notice of such to the Applicant specifying the extent of termination and the effective date. In the event the Authority terminates this Grant for its convenience, the Applicant will be relieved of any obligation it might otherwise have to pay to the Authority the sum of money set forth in paragraph 17.A above. The Applicant affirms that the benefits promised to it under this Grant are adequate consideration to support not only its duties and obligations under this Grant,but also support the Authority's right to terminate this Grant for convenience and its limitation of remedies against the Authority to those specifically set forth herein, regardless of the harm,if any,caused by the Authority's termination of this Grant for convenience. C. Upon termination of this Grant as set forth herein,both the Authority and Applicant agree and acknowledge that their respective legal or equitable remedies against the other for termination of this grant are expressly limited to those contained in this Grant. Notwithstanding the foregoing, the parties agree to comply with all applicable statutory dispute resolution procedures as provided under Florida law. 15. Office of the Inspector General Palm Beach County has established the Office of the Inspector General pursuant to, Ordinance No. 2009-049, as amended, which is authorized and empowered to review past, present and proposed County contracts, transactions, accounts and records. The Authority has entered into an agreement with Palm Beach County for Inspector General services. This agreement provides for the Inspector General to provide services to the Authority in accordance with the authority,functions,and powers set out in the Inspector General Ordinance as amended. All parties doing business with the Authority and receiving Authority funds shall fully cooperate with the Inspector General including,but not limited to,providing access to records relating to this Grant. The Inspector General has the power to subpoena witnesses,administer oaths,require the production of records, and audit, investigate, monitor, and inspect the activities of the Applicant, its officers, agents, employees,and lobbyists in order to ensure compliance with the Agreement and detect corruption and fraud. Failure to cooperate with the Inspector General or interference with or impeding any investigation shall be a violation of the Inspector General Ordinance, as amended, and punishable pursuant to Section 125.69, Florida Statutes,in the same manner as a second degree misdemeanor. -9saz3a-1 6 16. Hold Harmless and Indemnification Neither party shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other party.Nothing contained in this Grant shall act or constitute a waiver of either party's sovereign immunity in excess of that waived by the Legislature in Section 786.28,F.S. 17. No Agency Relationship Nothing contained herein is intended to nor shall it create an agency relationship between the Authority and the Applicant. 18. Remedies and Limitations of Liability A. This Grant shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement shall be in a Court of proper jurisdiction located in Palm Beach County,Florida. B. The Authority and Applicant both acknowledge that their respective remedies against the other for termination of this Grant as set forth herein are limited solely to those in this Grant. C. The Authority's remedies against the Applicant shall be limited to the recovery of any sums of money provided to it under this Grant or such lesser sum of money that remains due,the balance,to complete the Project for which this Grant was intended. The Authority shall have no further or additional liability to the Applicant or any other person or entity arising from, or related in any way to this Grant, and in no event shall the Applicant's liability to the Authority,for any reason,exceed the total amount of this Grant. D. The Applicant's remedies against the Authority shall be limited to the sum of money the Applicant has expended or is expressly liable for pursuant to a written contract entered into for the sole purpose of completing the Project itself, and not related, ancillary or adjunct matters.However,in no event shall the Authority's liability to the Applicant for any reason,exceed the total amount of this Grant. 19. Enforcement Costs To the extent that enforcement of the Grant becomes necessary by either the Authority or the Applicant,each party shall bear their own attorney's fees,taxable costs,or any other costs related to such enforcement,including any form of alternative dispute resolution. 20. Notice All written notices required under this Agreement shall be in writing and hand delivered or sent by certified mail, return receipt requested, and if sent to the Authority shall be mailed to: John Archambo,Director Customer Relations 7501 N.Jog Road -9saz3a-1 7 West Palm Beach,FL 33412 with copies to: County Attorney's Office 301 North Olive Avenue Suite 601 West Palm Beach,FL 33401 and,if sent to the Applicant shall be mailed to: Michael Simon,Executive Director Boynton Beach Community Redevelopment Agency 710 N.Federal Hwy Boynton Beach,FL 33435 with copies to: Tara W.Duhy,Esquire Lewis,Longman&Walker,P.A. 515 North Flagler Drive Suite 1500 West Palm Beach,FL 33401 Each party may change its address upon notice to the other. 21. No Waiver No waiver of any provisions of this Grant, or any amendment hereto, shall be effective unless it is in writing, signed by the party against whom it is asserted. Any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future or continuing waiver. 22. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 23. Joint Preparation The preparation of this Grant has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 24. Severability Should any section,paragraph,sentence,clause,or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement. -9saz3a-1 g 25. Entiretv of Contract and Modifications The Authority and Applicant agree that this Grant sets forth the entire agreement and understanding between the parties of their respective rights or obligations hereunder, including the intent of this Grant. There are no promises or understandings other than those stated herein. No modification,amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 26. Survivability No provision of this Grant shall survive its expiration or earlier termination, except the following paragraphs shall survive: Paragraph 9 (Access and Audit), Paragraph 18 (Remedies and Limitations of Liability),and Paragraph 19(Enforcement Costs). 27. Filing A copy of this Agreement shall be filed with the Clerk and Comptroller of the Circuit Court in and for Palm Beach County. IN WITNESS WHEREOF,the Solid Waste Authority of Palm Beach County and Palm Beach County have hereunto set their hands the day and year above written. Witness: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY 1. By: 2. Mark Hammond Executive Director Approved as to Legal Form and Sufficiency By: Howard J.Falcon III General Counsel to the Authority Witness: PALM BEAC14 BOYNTON BEACH 1. COMMUNITY REDEVELOPMENT AGENCY 2. By: Approved as to Legal Form and Sufficiency N1aek k-fR raMichael Simon Executive Director-'�^��,�a^ By: T&� Tara W.Duhv r^ � —e-CRA Attorneyl-y -9saz3a-1 9 Approved by the Solid Waste Authority Board on February 28,2018,Item 9.1).1 Approved by Com- Boynton Beach CRA on March 13, 2018 Item -9saz3a-1 10 t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 CRAADVISORY BOARD AGENDAITEM: 15.A. SUBJECT: CRAAdvisory Board Agenda- March 1, 2018 SUMMARY: See attached. CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D March 01, 2018 CRAAB Agenda t 'k i4"BOYN �r v H y,1 RA CRAAdvisory Board Meeting Thursday, March 1, 2018 -6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 561-737-3256 ADVISORYEN 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 January 31, 2018 B. Financial Report Period Ending February 28, 2018 5. Public Comment 6. Consent A. Approval of CRAAdvisory Board Meeting Minutes- January 4, 2018 7. Assignments A. Pending Assignments 1. None B. Reports on Pending Assignments 1. None C. New Assignments from February 13, 2018 CRA Board Meeting: 1. Consideration of Pathways to Prosperity's Grant Agreement for the Boynton Beach CRA Non-Profit Organization Grant Program 2. Consideration of the Guidelines and Application for the Boynton Beach CRA Non-Profit Organization Grant Funding Program 3. Discussion Regarding Redevelopment Options for CRA Owned Parcels within the MLK, Jr. Boulevard Corridor 4. Discussion Regarding Redevelopment for 1110 N. Federal Highway 8. CRA Board Items for CRAAdvisory Board Review and Recommendations A. New Business 1. Consideration of Purchase for the Property Located at 521 N. Federal Highway 9. Future Agenda Items 10. Adjournment Notice 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 WEBSITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CRNS WEBSITE CAN BE OBTAINED FROM THE CRA OFFICE. t 'k ,4"BOYN � � I I RA CRA BOARD MEETING OF: March 13, 2018 CRAADVISORY BOARD AGENDAITEM: 15.B. SUBJECT: CRAAdvisory Board Meeting Minutes - March 1, 2018 SUMMARY: See attached minutes. ATTACHMENTS: Description D March 01, 2018 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, March 1, 2018, AT 6:30 P.M. PRESENT: Linda Cross, Chair Michael Simon, CRA Executive Director Robert Pollock, Vice Chair (arr. at 7:27 p.m.) Theresa Utterback, Development Services Allen Hendricks Manager Rick Maharajh Bonnie Nicklien, Administrative Services James DeVoursney (arrived at 6:37 p.m.) and Grant Manager, CRA Anthony Barber Thuy Shutt, Assistant Director, CRA Thomas Murphy, Jr. Jamie Opperlee, Prototype, Inc. I. Call to Order The meeting was called to order at 6:31 p.m. II. Roll Call Roll was called, and it was determined a quorum was present. Chair Cross introduced new board memberAnthony Barber. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Mr. Maharajh pointed out that the Pledge of Allegiance was omitted. The Pledge of Allegiance was then recited. B. Adoption of Agenda Motion made by Mr. Maharajh, seconded by Mr. Hendricks, to adopt the agenda as corrected. In a voice vote, the motion passed unanimously (5-0), with Dr. DeVoursney and Vice Chair Pollock not yet arrived. IV. Information Only A. Financial Report Period Ended January 31, 2018 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 B. Financial Report Period Ended February 28, 2018 Mr. Hendricks thanked staff for preparing the reports. Mr. Simon reported that the audit was presented to the CRA Board, and for the ninth consecutive year they are "finding free." It has been sent to the State. V. Public Comment - None VI. Consent A. Approval of CRAAdvisory Board Minutes - January 4, 2018 Motion made by Mr. Maharajh, seconded by Mr. Murphy, to approve the Consent Agenda as presented. In a voice vote, the motion passed unanimously (5-0), with Dr. DeVoursney and Vice Chair Pollock not yet arrived. VII. Assignments A. Pending Assignments - None B. Reports on Pending assignments - None C. New Assignments from February 13, 2018 CRA Board Meeting: 1. Consideration of Pathways to Prosperity's Grant Contract for the Boynton Beach CRA Non-profit Organization Grant Program Ms. Shutt said they had numerous notices for the program and had two pre-submission meetings. Four organizations were interested, but only one was able to make it to the deadline - Pathways to Prosperity. The recommendation of the Evaluation Committee was to not recommend funding, however, the CRA Board at its February meeting awarded the application the request amount plus an additional $7,077 for a total of 10% of the budget. Ms. Shutt explained that the program allows up to 10% of the program budget for administrative costs. The applicant had asked for $25,000, which was approximately 45% of the staffing needed for the program. [Dr. DeVoursney arrived at 6:37 p.m.] Ms. Shutt gave some background on the Pathways to Prosperity, noting that it is part of the Circles on Palm Beach. That allows staff to pair interested participants with a volunteer expert in a field who will work with the participants into training them on how to start a business. 2 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 The grant program is geared toward business development, and either jobs have to be created or there have to be business opportunities within the CRA District. The State wants to make sure it shows economic development, not funding of social services. Ms. Shutt stated that the CRAAB was directed to help staff and the attorneys review the grant agreement to ensure that it meets the goals of the CRA Plan, as well as seeing that the measurable outcomes are reasonable and achievable. Chair Cross asked how they would determine that all the businesses that the CRAAB has helped have ended up in the CRA District. Ms. Shutt directed her to the page in the grant for "Results and Deliverables" and said they have to provide a Business Tax Receipt or other evidence. Chair Cross asked what they would do if they ended up outside the CRA District, and Ms. Shutt said it would be up to the applicant to ensure they target and outreach to the interested parties in the CRA District. Towards the end of the program, Ms. Shutt said the grant staff will inform potential applicants about the program. If there is no money left in the CRA District by September, Ms. Shutt said that applicants will have to show an evaluation plan that provides for paying in two payments (one to be reimbursed for activities and expenses expended between the time the grant agreement is executed to June 30). There will be a status and evaluation report that staff will review before disbursing funds. Dr. DeVoursney asked if they would not get funding if they do not meet the standards. Ms. Shutt replied they would probably not receive all of their funding since it will be reviewed mid-way through the program. Public Input Dr. Stephanie Hayden, 2181 W Woolbright Road, Condo N-102, Boynton Beach, confirmed the boundaries of the CRA District. She cautioned against having businesses receiving funding from the CRA and then going out of business, citing a facility near the post office. She said they do not want to give businesses start-up money who are then inconsistent with their traffic and go out of business. Chair Cross pointed out it is a reimbursable grant, so the businesses are not paid up front. Mr. Barber asked Dr. Hayden if she was suggesting that the CRA should inspect their books, and Dr. Hayden clarified she was just advising caution. Jacqueline Kingston, 1330 NW 3 Avenue, Del Ray Beach, requested that they consider grant proposals for the category of removal of slum and blight, such as beautification and cleanup activities. She said she runs a nonprofit called Sea Turtle Adventures; they are responsible for the sea turtle nest monitoring on a three-mile stretch of beach from Woolbright Road to George Bush Boulevard. They also do other cleanups. She wanted to bring a proposal to do volunteer cleanups on a regular basis within the CRA district. End of Public Input 3 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Chair Cross was concerned that there were 12 people in the program by June, and none want to be in the CRA District. Ms. Shutt said the amendment could always be modified to reduce the number of deliverables. Chair Cross recommended having a "hard stop" at the end of June for the applicants if they have not advanced to where they need to be at that time. They would have to appear before the board and explain how they would meet their goals by September. Motion made by Mr. Hendricks, seconded by Mr. Barber, to support the grant process and the outlines delivered to the board with the addition to Section C2 of a hard stop in June to have the applicants come back to the CRA Board with their findings/progress; if the goals are not established by June 30, they must come to the Board for amendment or for disposition of the Board in terms of the remaining money. In a voice vote, the motion passed unanimously (6-0), with Vice Chair Pollock not yet arrived. 2. Consideration of the Guidelines and Application for the Boynton Beach CRA Non-Profit Organization Grant Funding Program Chair Cross recalled the items they need to review: • Additional members to the review committee? • Any more improvements to the program? • Review the criteria? • Other categories that the grant could be expended for? Ms. Shutt said the Review Committee is supposed to include the following: • Executive Director Simon or Ms. Shutt • Finance Director Vicki Hill • Development Services Manager Theresa Utterback • Someone from the City (perhaps David Scott - Economic Development Director) and/or someone from the CRAAB Ms. Shutt said they discussed having a citizen-at-large and thought there might be conflicts of interest. She added that Vicki Hill on the committee has experience with nonprofits. Chair Cross suggested that someone from the CRAAB should be on the committee along with a representative of the City. Mr. Simon advised that the CRAAB is a recommending body with all of the information on grant recipients that the committee has, and he thought it would be a conflict of interest to sit on the committee as an evaluator and also sit on the committee as a recommender. Chair Cross said that the grant did not come before the CRAAB, and Mr. Simon said they would in the future, under New Business. 4 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Chair Cross asked if all the goal categories are available in the grants, and Ms. Shutt replied that the only category that can be applied for now is Economic Development Business Opportunity which leads to job creation/job training. Chair Cross verified that the CRAAB could recommend that the other four categories get opened up. Chair Cross accepted Mr. Simon's comment that the review committee should not include a CRAAB representative. Ms. Shutt clarified that this is a separate, new program this year for nonprofits. Neither Mr. Hendricks nor Chair Cross saw the need to add another person to the committee. Mr. Hendricks asked if there were needs coming up that needed attention. Ms. Shutt mentioned the following categories: • Affordable housing (always a need for that) • Workforce housing • Parks and recreational and cultural Chair Cross commented that when she read the sections of the law that set out what CRAs are supposed to do, she interpreted it to be that the CRA should be buying buildings and land for redevelopment. She did not see much in the way of funding administration costs or salaries, etc. Dr. DeVoursney thought they should maintain the budget for Economic Development grants and not add the other categories until the next fiscal year. He also endorsed having David Scott on the Review Committee. Public Input Jacqueline Kingston, 1330 NW 3 Avenue, Del Ray Beach, reiterated her desire that the board re-open the removal of slum and blight, demolition of blighted properties, and community beautification and clean-up activities as a potential for nonprofits to submit proposals. She reiterated the activities of her nonprofit. Vice Mayor Justin Katz, 1353 Via de Pepi, Boynton Beach, said he believed the expansion of the Review committee grew from some dissatisfaction with the outcome of the last grant. He said it was unnecessary. He shared concern about expanding the grants criteria to include different arenas, thinking it would become a "blank check" grant. Vice Mayor Katz also thought the attacks on CRA at the State level were the result of CRAs making decisions without criteria, or bending the criteria. Dr. DeVoursney pointed out that Pathways to Prosperity brought in additional information (showing prior experience with job creation) to the Committee at the last minute, which increased their score. 5 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Further comments from the board reflected their desire to not expand the grant criteria, although Mr. Hendricks' concern was the low number of people applying. Ms. Shutt said that leftover funds would roll over to the next year. [Vice Chair Pollock arrived at 7:27 p.m.] Dr. DeVoursney advocated for opening up the categories at the next budget hearing. Ms. Shutt advised that in a regular budget cycle, they would start advertising for a grant in June, do a workshop, and have recommendations by August. She said they started late last year. Motion made by Dr. DeVoursney, seconded by Mr. Murphy, to keep the grant to involve economic and business development for the remainder of the fiscal year 2017/2018, and to keep the review committee for the grant at the current census. In a voice vote, the motion passed unanimously (7-0). 3. Discussion Regarding Redevelopment Options for the CRA Owned Parcels within the MLK Jr. Boulevard Corridor Chair Cross wanted to hear public comment first on the potential development options in that area. Public Input Victor Norfus, 7849 Bench Center Way, Boynton Beach, said he owns property on Martin Luther King Boulevard East and has lived in the community a long time. Mr. Norfus mentioned several organizations that were here in the past and should be resurrected: the Community Resource Center (job resources, employment activities, nonprofit community organizations could meet, CRA outreach programs held). They need buildings for businesses, but they are torn down. Also needed is a shopping plaza (something like Sunshine Square) with several floors upstairs for rental apartments. He recalled that most of the business started on Martin Luther King Boulevard and went west. Reverend Bernard Wright, 713 NW 2 Street, Boynton Beach, said he distributed a petition for a commercial cultural hub. He read the petition (which has 160 signatures) for the record. The hub would include state- of-the-art game rooms, recording studio, restaurant, billiard room, and a concert hall. The cultural hub would be at the former location of the Continental Club. It would also serve as a community resource and information center. He said he could bring recording artists to Boynton Beach, bringing money back in. He spoke of the various groups that could benefit from the hub via a re- entry program. He said he opposes gentrification and had his "people's interest at heart." Dr. Martha Meeks Light, NW 6 Avenue, Boynton Beach, said she has been connected with the CRA since its origin. She advocated for a multi-cultural learning/training center 6 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 for children to learn skills so that could pass tests for licensing or certification for jobs such as nursing or carpentry. Children also need paid tutors. She wanted a grant for computer skills to be taught at the Recreation Center in the daytime either at Ebell Hester or Carolyn Sims Park. David Katz, 67 Midwood Lane, Boynton Beach, said that this meeting was advertised on the City website as a "community meeting" for the redevelopment of Martin Luther King Boulevard. He said he has sat through numerous meetings on the subject, and said it was time for the CRA Board and staff to pay attention to the petition brought by Reverend Wright. Vice Mayor Justin Katz, 1353 Via de Pepi, Boynton Beach, stated there was no way that the project would come to fruition if they tried to prescribe the types of businesses that go there. He said the reason there has been no commercial development on Martin Luther King Boulevard is because it is not a profitable area, to draw in business owners or investors. He supporting allocating $1.5 million of CRA money to build commercial shells on the property on the north side of Martin Luther King Boulevard and Seacrest Boulevard, because he felt the government needed to identify that corner as a "market failure." However, the CRA Board rejected the allocation, so the CRAAB must figure out a way to stimulate economic, commercial, or mixed use development working within a budget of less than $1.5 million. Vice Mayor Katz continued, requesting that they do not attempt to prescribe businesses that must go there, because it will pigeonhole them into forcing certain businesses in there. At a recent community gathering to discuss the shootings in Boynton, the majority of those present said that they do not want a club in east Boynton Beach. They said the clubs are the origin of problems in their neighborhoods. John Danes, 370 NW 17 Avenue, Boynton Beach, said he has worked on Martin Luther King Boulevard for the last 21 years at Robinson BBQ. He said they are stable business and should be part of the economic development. They have fed the "entire community" for 16 years at the summer holidays at Intracoastal Park. In 2005, they opened their doors to the community because they have a gas stove and did not charge their customers anything to eat. Reverend Bernard Wright came up to microphone again. He said the CRA Board and the City Commission are two different entities, but yet the same entity. He said they know the solution is redevelopment. He lamented how long it has taken to get things done in the area. Willie Aikens, 726 NE 1 Street, Boynton Beach, President of the Heart of Boynton Neighborhood Association, said that Martin Luther King Boulevard has been misused and overlooked for over 60 years. He faulted the CRA for not advocating funding for redevelopment. He spoke in favor of the cultural center as a multi-purpose center for job training as well as for recreation. Mr. Aikens said that the neighborhood does not have what other districts do, and the CRA needs to start work there. 7 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Pastor Richard Danes, 223 NE 12 Avenue, Boynton Beach, said he serves as President of the Boynton Beach Coalition of Clergy. He believed that more than 150 people reside in the Heart of Boynton District, and they need the multipurpose building on Martin Luther King Boulevard. He asked how they expect the situation to improve in the corridor if something does not change. They need to move forward, and move smart. Mark Karageorge, 248-A Main Boulevard, Boynton Beach, said that the Coalition of Clergy has always been the voice of reason. He said there have been many opportunities for development turned away due to market study results or requests for land assembly. He said there is now a possibility for land assembly. He spoke about his effort to get a Darden Foods on Martin Luther King Boulevard. Mr. Karageorge said they need to keep all options open. Ray Whitely, 223 NE 12 Avenue, Boynton Beach, said there is a great opportunity because there is now an aggressive board that is pro-development. He clarified that they have to be strategic, noting there is more than one parcel on Martin Luther King Boulevard and they do not have to pursue land assembly. He suggested the Town Square area could complement the development on Martin Luther King Boulevard. That way the community wins, and the CRA wins. He said they have to begin with mixed use. Chair Cross asked members of the public to fill out comment cards and put them on the table at the back. Chair Cross said there is still $1.5 million or more in the project fund for investment in the Martin Luther King Boulevard corridor. She said there are three options: • Have the CRA utilize existing architectural contracts and prepare bid documents for somebody (design, bid, build) • Get pre-qualifications of contractors • Build to suit Chair Cross suggested that this board needs to recommend a way forward for the CRA Board. Ms. Shutt clarified that the "build to suit" would be for the CRA-owned properties. The design build is a method used with the contractor from the beginning. He is responsible for the designers as part of his complement of his team. It is a shorter process. She said they were recommending a shell that would accommodate the permitted uses - there could be tenant space. They would have to be sure that delivery trucks and trash pickups could get into the property. Ms. Shutt continued, noting that the land is good only if pieces that are large enough to design and build a building per Code. The northern parcel can accommodate a 5,000 square foot building. She said some small office/retail/nonprofits have expressed 8 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 interest in occupying the building. The space would be flexible for neighborhood- serving uses. Dr. DeVoursney commented that the City has a history of successful concepts, like Ocean Breeze West and the marina. If a concept is put together, they might be able to achieve something. He described the Dallas Heritage Village at Old City Park, which was built on the concept of what life was like there before 1910. He suggested going to the local Historical Society and get photographs showing what the Continental Club looked like, and then rebuild it. He said they could make it an attraction for everyone, and the economic development would bring safety. Dr. DeVoursney emphasized they would have to make the concept first and invest in the concept, so that the developers would see the value in it. He added they could make it a Brightline stop. Mr. Barber believed that development needs to happen, and he is in favor of whatever process moves it along the fastest. He said the community needs to be more realistic about what is going to work in the area, as well as why the area is now seen as desolate. If the people who signed the petition will not call the police or help stop crime, any redevelopment that goes in the area will stagnate. Mr. Barber praised Reverend Wright for gathering the signatures, but said the community needs to take ownership, as does the City. Reverend Wright said they need to change mindsets. He agreed that through their leaders, the community needs to take ownership. He said they need the information and the education from their leaders. Minister Bernard Macon, Coalition of the Clergy member, said that there used to be a lot of crime and drug deals on Seacrest Boulevard, but the economic development there improved it. The community, the police, and the CRA came together came together to build something much more positive. He said that the area under discussion has the potential for economic growth, although nothing has been done. It will take a group effort. Mr. Hendricks confirmed that visioning and studies for the street have already been done, and they need to establish the architectural vision/guidelines for the street. Mr. Simon mentioned that the Heart of Boynton Community Redevelopment Plan established building heights, type of architecture, etc., to provide the investment community with guidelines. He said that the Family Dollar store was the investment for the first commercial project in 40 years on the corner. Mr. Simon continued that the CRA's job is not to invest in the items beyond the shell of a building -- that would be the job of the investor. After the community decides what they want to do, the community and the CRA have to find viable businesses to fit. The input 9 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 from the public at this meeting will go to the CRA Board. He advised against recommending just design/build. Chair Cross reviewed that the community wants mixed use, multi-use, culturally significant, and historically based development. She asked if it would be possible with this particular property to put residential on top and have the shell on the bottom. Mr. Simon noted there is a concept based on square footage and parking requirements, and the map on the screen shows what the CRA has control of at this time. The question would be whether to start dividing up the CRA sections and draw others, or wait until the largest piece can be amassed first. Another question would be if the CRA wants to invest its funds to start building the project. It needs streetscaping. If the CRA goes forward now, there would be site plan approval (four to six months) plus multiple funding years, public meetings, and acquisition of more property. Mr. Simon felt they need to move the factors out that are stopping development, or people will not be comfortable going there. He was disappointed that Family Dollar went downhill instead of raising up the neighborhood. Chair Cross said she heard the following from the community: • Be flexible • Begin with mixed use concept, maybe work in tandem with Ocean Breeze East • Community outreach center including job training, tutoring, computer skills • Shopping plaza, restaurant, concert hall, game room, billiard room Mr. Simon thought they could activate the Carolyn Sims Center with a computer center, etc. Mr. Hendricks commented that while he loves mixed use, right now they can afford flex use commercial space (one story) and redo parking. Dr. DeVoursney asked if they could invest in the streetscape design first so it looks appealing, pointing out they did it that way for Boynton Beach Boulevard. Mr. Simon, however, was not sure that would work for Martin Luther King Boulevard because of the drug problem. He thought the streetscape development should go along with the building - they have to go hand in hand. Mr. Simon spoke about the other improvement projects currently underway. He said there is more than enough money to design many buildings in the professional fee budget, and the $1.2 million will not have to be touched for months. Ms. Shutt remarked that they need outreach to the community and business leaders to ensure that what goes in meets the needs of the community, and Chair Cross asked if anybody had said they would move in if a building were constructed. Ms. Shutt said 10 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 they would build the shell, mechanical/electrical infrastructure with handicap bathrooms, and it would up to the developer to come in and outfit the paint, drywall, flooring, etc. Ms. Shutt said some nonprofits responded, but no commercial or job-generating entities. Some business entrepreneur leaders that have come out of their training said it would be nice to have spaces in the CRA District that they can come into. She said if the right business came in and the community could benefit, they could help with incentives to help with overhead and initial stages of the first year. Mr. Hendricks said there are still some great shops and restaurants on Old Northwood, but it was a "heavy lift" at first. Anthony Mason, 301 NE 10 Avenue, said he runs a barbershop on Martin Luther King Boulevard that has been there for many decades. He said the community has been waiting for development, and they will come if it is built. He said that business is booming and they need more space. Motion made by Mr. Barber, seconded by Mr. Murphy, to recommend that the CRA Advisory Board consider Option #3 (The CRA would issue a Design/Build request for proposal or RFP for an entity which will provide a guaranteed maximum price for the design and development of the site approximately 12 months.). In a voice vote, the motion passed unanimously (7-0). 4. Discussion Regarding Redevelopment for 1110 N. Federal Highway Mr. Simon said the CRA purchased the property but it is not viable to renovate it. They received a Solid Waste demolition grant for $65,000 to do the cleaning and clearing of Cottage District to improve the Public Works facility. Another application has been submitted to the same grant program which will include the demolition project. It is not large, but is on a "great corner." They have had numerous meetings with the property owner on the east side (multi-plex) and on the south corner (vacant building) in efforts to acquire the property. Discussion ensued about what was/is on the various properties in the area. Chair Cross recommended adding other properties to it. Mr. Hendricks suggested using the lot for parking for the church, but Mr. Simon advised that the City would not let them use it for a parking lot without striping, lights, paving, etc. He added they would clean up the lot after the building is demolished. [Mayor Grant joined the meeting.] Motion made by Dr. DeVoursney, seconded by Mr. Barber, to not develop it at this time and look into land assembly to the south and to the east of the property under discussion. In a voice vote, the motion passed unanimously (7-0). VIII. CRA Board Items for CRA Advisory Board Review & Recommendations 11 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 A. Old Business - None B. New Business 1. Consideration of Purchase of 521 N. Federal Highway Mr. Simon advised it was a tax sale property - part of the properties around the Twisted Fish. It has three parking spaces, and the acquisition price was too good not to acquire. Motion made by Dr. DeVoursney, seconded by Mr. Barber, to purchase the property at 521 N. Federal Highway for the estimated market value of$131,600, not to exceed 20% above the appraised value. In a voice vote, the motion passed unanimously (7-0). IX. Future Agenda Items Chair Cross confirmed that the future agenda items will be determined by the CRA Board agenda items. X. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 9:15 p.m. [Minutes transcribed by J. Rubin, Prototype, Inc.] 12 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 REPORTS ON PENDING ASSIGNMENTS FROM CRA BOARD MEETING FEBRUARY 13, 2018: AGENDAITEM: D.1. SUBJECT: Discussion Regarding Redevelopment for 1110 N. Federal Highway SUMMARY: On February 14, 2017 the CRA Board approved the Purchase and Sale Agreement for acquisition of the property and vacant building located at 1110 N. Federal Highway. The property was purchased for$170,000 and the transaction closed on March 15, 2017. The property's Federal Highway frontage and proximity to the intersection of Martin Luther King Jr. Boulevard provides the CRA with the opportunity to develop the northeast corner of the intersection (see Attachment 1) if combined with the adjacent parcels. Due to the age of the building, decaying condition at purchase and water damage to the interior ceiling materials as a result of hurricane Irma, the CRA Board approved staff's recommendation to demolish the existing structure at theirAugust 8, 2017 meeting. Demolition of the existing structure will be paid for with partial funding being provided to the CRA through a recent grant award from the Solid Waste Authority Neighborhood Clean Up Grant. At the February 13, 2018 CRA Board meeting, the Board assigned the property to the CRA Advisory Board to make recommendations for potential uses along with the redevelopment opportunities for the MLK Jr. Boulevard corridor and N. Federal Highway. On February 28, 2018, the Southern Waste Authority (SWA) Board approved the CRA's grant application to request funding for the costs associated with the demolition of this building. The Interlocal Agreement between the SWA and the CRA is scheduled for Board consideration on March 13, 2018. FISCAL IMPACT: FY 2016-2017 Project Fund Budget$170,000 expended for acquisition. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Federal Highway District CRAAB RECOMMENDATION: The CRA Advisory Board made the following recommendation at their March 1, 2018 meeting: • move forward with demolition • not pursue redevelopment at this time • continue efforts for additional land assemblage to the south and east of the property CRA BOARD OPTIONS: No action required unless otherwise determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Location Map � a eta t� i. d� !l i.„ r fit: l ( g y� r m , 1 1 , s !, �LJapa� A{Ant#eJ�aa �t t �t 1� suit v i• w � `•attl} �!, {(tl1`,\��t op at y s 1 y �(�ftts §}t�3,W , s,, t ( iy t'" ht � ttlUkr(tart y � ( r } 4 h F� „ r K t ,. t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 REPORTS ON PENDING ASSIGNMENTS FROM CRA BOARD MEETING FEBRUARY 13, 2018: AGENDAITEM: D.2. SUBJECT: Consideration of Pathways to Prosperity's Grant Agreement for the Boynton Beach CRA Non- Profit Organization Grant Program SUMMARY: On February 13, 2018, the CRA Board approved a grant in the amount of $32,077 to support P2P's business incubator program. $25,000 of the total grant amount requested by P2P will be going towards the salary for the Business Incubator Coordinator while the remaining $7,077 will be used towards direct program expenses. The Board's consensus was that the program is aligned with the business development goals of the NOGP and the P2P has the capacity to further develop the incubator program for the benefit of the Heart of Boynton community. The Board directed staff and legal counsel to work with P2P on drafting an agreement that will have clear measurable outcomes, diversity in the types of businesses, and a revised budget for the additional grant funds. Additionally, the Board also assigned the CRAAB the task of reviewing P2P's draft grant agreement to ensure successful implementation of the grant agreement. The P2P draft grant agreement with CRAAB's recommendations (Attachment I, Paragraph C.2) is attached for consideration by the CRA Board. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund line item 02-58500-470 - Nonprofit Organization Grant Program (NOGP)$32,077. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: The CRAAB approved the draft P2P grant agreement subject to modification to Paragraph C.2 to ensure that P2P is on track with the recruitment and incubation of the three (3) required entrepreneurs who will be ready to open a business within the CRA area (see Attachment I I for full report). CRA BOARD OPTIONS: 1. Approve the Pathways to Prosperity's Grant Agreement for the Boynton Beach CRA Non- Profit Organization Grant Program in the amount of$32,077. 2. Do not approve the Pathways to Prosperity's Grant Agreement for the Boynton Beach CRA Non-Profit Organization Grant Program agreement in the amount of $32,077. 3. The Board may approve modifications to the P2P grant agreement based upon review and discussion. ATTACHMENTS: Description D Attachment I - Draft P2P Grant Agreement with CRAAB Recommendation D Attachment II -CRAAdvisory Board Report AGREEMENT TO FUND BUSINESS INCUBATOR PROGRAM SERVICES TO PATHWAYS TO PROSPERITY, INC. This Agreement for the funding of business incubator program services ("Agreement") is entered into this day of March 13, 2018, by and between the: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"), a public agency created pursuant to Chapter 163, Part III, Florida Statutes, with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435; and the PATHWAYS TO PROSPERITY, INC., ("P2P"), a Florida Not-For-Profit Corporation, with a business address of 970 N. Seacrest Boulevard, Boynton Beach, FL 33435. RECITALS WHEREAS, the CRA recognizes that the future economic health of the Boynton Beach Community Redevelopment Area ("CRA Area") residents and businesses, 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 development organizations, specifically including P2P, nurture the development of entrepreneurial companies by providing business support services and by allowing individuals to share resources with industry experts; and WHEREAS, the CRA Board anticipates that P2P will assist in providing training leading to economic opportunities in the CRA Area, enhancing the entrepreneurial climate in the CRA Area, retaining talents and business in the CRA Area, and diversifying the local economy; and WHEREAS, business training 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 P2P's business development component of the Circles Palm Beach County ("Circles") is a business incubator program which is a unique and innovative model specific to training individuals who wants to start their own businesses within the CRA Area; and WHEREAS, it is likely that P2P's Circles clients would have substantial costs associated with obtaining their own resources and training individually; and WHEREAS, the CRA Board approved the Fiscal Year 2017-2018 budget at the September 19, 2017 meeting, which included funding the Nonprofit Organization Grant Program (NOGP) for the Economic/Business Development category, to support eligible nonprofit organizations with projects and programs that will create jobs and economic opportunities in the CRA District and further the CRA Plan; 00949618-1 Page 2 of 8 NOW THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Incorporation. The foregoing recitals and all other information above are true and correct at the 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 NOGP Funded by the CRA. The goal of the NOGP 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. P2P 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 and the CRA Plan. Section 4. Requirements A. Scope of Work. P2P will run the Circles 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 (Circles Incubator Clients). P2P will use its best efforts to ensure that the business development component of the Circles Program will provide a nurturing learning and production environment for small businesses, individual entrepreneurs, and minority and women-owned businesses. P2P 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. B. Eligibility. The parties agree that entrepreneurs, start-up business, new businesses and existing businesses shall be eligible for the Circles Incubator Program. C. Results and Deliverables. P2P will: 1. 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 P2P 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. Develop three (3) new business entrepreneurs who are ready to open a business by September 30, 2018. P2P will provide evidence to the CRA of this by submitting incorporation or other business formation documents, proof of business space leased, evidence of interactions with customers such as but not limited to, business website or social media activities, or appropriately redacted order forms or receipts, or other documentation acceptable to the CRA. If P2P is unable to recruit or maintain a minimum of three (3) of the Circles Incubator Clients who reside in or intend to open independent businesses within the CRA Area by June 30, 0094961s-i T:\PROGRAMS&GRANTS\Non-profit Funding Program\P2P Grant Agreement\AGR P2P FY2017-18 NOGP_3-13-18 CRA Bd(Attachment 1_ts 3-5-18.doc Page 3nf8 20 CRA Board may reconsider the amount to be reimbursed upon review of P2P's guarterly report and applicable documents at its next available regular meeting. 3. Conduct quarterly vvorkshoos/trainin0. P2P will submit with each Quarterly Report copies of sign-in sheets from the quarterly meetings. The sign-in sheets must include the following information: a. Name and Description of workshop or tnainin0, including the date, location and time of the workshop or training. b. Name ofpartioipanUs). business name ofpartioipanUs) (if applicable), type of business, address, telephone number, email address ofpardcipant(s). 4. Create a cumulative list of Circles Incubator Clients ("Client List") and provide proof of residency for all clients as of March 13, 2018. Acceptable forms of proof of residency include driver's |ioenses, 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 Circles Client is on a previous report or has dropped out of the Circles Program. After the first Quarterly Report. P2P shall be required to submit proof of residency documents only for new Circles Incubator Clients. 5. Provide statistics on Circles Incubator Clients who have graduated from the Circles Incubator Program /''|noubah»r Program Gnaduahao^\, including a list of Incubator Program Graduates who have started or expanded their businesses. |nthe Quarterly Report. P2P 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 Circles Incubator Program. 6. Make active efforts to ensure that a minimum of 25% of the Circles Incubator Clients and Circles Incubator Graduates reside in or intend toopen independent businesses within the CRA Area, and provide written or marketing materials used to meet this goal. P2P 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 Circles Incubator Pro0rarn, which shall include business data of Circles Incubator Clients and Incubator Program Graduates, such as tax returns filed with the Internal Revenue Service, and other summary data related toeconomic impact inthe CRA area. 8. Provide financial statements for the Incubator Program. P2P will hire, at its own expense, an independent Certified Public Accountant to provide the CRA with a review of the most recent Financial Statement Review for the Circles Incubator Program that must be submitted tothe CRA as soon as completed and prior toany additional funding consideration by the CRA. Quarterly financial statements are due on the schedule outlined in Section 4.O of this Agreement. This paragraph shall not be read to require financial statements from all Incubator Program Clients and Incubator Program Graduates. 9. Undertake Circles Incubator Program marketing outreach activities to recruit participants who are new or existing small business owners that focus on similar industries as listed in the N[)GP CRA Funding Framework. 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 Beaoh, with an effort to reach businesses and residents in the CRA Area. Recruitment of participants for the program will be from word of mouth, direct markedn0, wv"w/^'/T:unzouuuMa&uuANraoNm-pms Funding rmemu\P2pGrant usreP2P Yzol7'lmmoup_s'ls'lmCRA ou(Attachment Page 4 of 8 publicity mailings, email, press releases, attendance at local business events, and referrals by the local Boynton Beach community organizations. P2P shall provide copies of marketing materials with each Quarterly Report. D. Reporting and Reimbursement Requests. P2P shall provide to the CRA Quarterly Reports and requests for reimbursement according to the following schedule: For the period of: March 13, 2018 —June 30, 2018: due to CRA by July 1, 2018 July 1, 2018 —September 30, 2018: due to CRA by October 1, 2018 Section 5. Compensation. The CRA shall pay P2P a total of $32,077 for P2P's performance of its obligations under this Agreement. P2P will be paid quarterly in an amount of $16,038.50 per quarter upon formal written request by P2P. 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 P2P 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 P2P. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by P2P, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve P2P of any liability under this Agreement. Section 6. No Partnership. P2P 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 P2P 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 P2P's performance under this Agreement. Section 7. Termination. This Agreement will automatically terminate after the CRA has made the last payment to P2P as requested by P2P 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 P2P. Section 8. Non-Discrimination. P2P 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 P2P, 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 P2P. Upon receipt of such notice, P2P 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 P2P 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. 0094961s-i T:\PROGRAMS&GRANTS\Non-profit Funding Program\P2P Grant Agreement\AGR P2P FY2017-18 NOGP_3-13-18 CRA Bd(Attachment 1_ts 3-5-18.doc Page 5 of 8 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, P2P 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. P2P 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 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 P2P 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 P2P 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 party desires to give notice to the other party 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, 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 P2P: Kemberly Bush, Executive Director, CEO Pathways to Prosperity, Inc. 970 N. Seacrest 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 P2P from any cause whatsoever related to P2P's performance under this Agreement, whether such damage or injury occurs before, during, or after P2P's performance. P2P 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 P2P. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. 0094961s-i T:\PROGRAMS&GRANTS\Non-profit Funding Program\P2P Grant Agreement\AGR P2P FY2017-18 NOGP_3-13-18 CRA Bd(Attachment 1_ts 3-5-18.doc Page 6 of 8 Section 13. General Provisions. A. Entire Agreement; No Modification. The CRA and P2P 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 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. 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. Headings, 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 P2P contained in this Agreement. H. No Transfer. P2P 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. I. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and P2P (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. 1. The CRA is a public agency subject to Chapter 119, Florida Statutes. P2P shall comply with Florida's Public Records Law. Specifically, P2P shall: 0094961s-i T:\PROGRAMS&GRANTS\Non-profit Funding Program\P2P Grant Agreement\AGR P2P FY2017-18 NOGP_3-13-18 CRA Bd(Attachment 1_ts 3-5-18.doc Page 7 of 8 a. Keep and maintain public records required by the CRA to perform as described in this Agreement. b. Upon request from the CRA's custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if P2P does not transfer the records to the CRA. d. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession of P2P or keep and maintain public records required by the CRA to perform the service. If P2P transfers all public records to the CRA upon completion of the contract, P2P shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If P2P keeps and maintains public records upon completion of the contract, P2P shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. IF P2P HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO P2P'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; or Boynton i.us. K. Default. The failure of P2P to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If P2P 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 P2P pursuant to this Agreement; however, the CRA may elect, in its sole discretion, to fully or partially compensate P2P for P2P'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 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. N. Compliance with Laws. In its performance of this Agreement, P2P 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. 0094961s-i T:\PROGRAMS&GRANTS\Non-profit Funding Program\P2P Grant Agreement\AGR P2P FY2017-18 NOGP_3-13-18 CRA Bd(Attachment 1_ts 3-5-18.doc Page 8 of 8 IN WITNESS WHEREOF, the parties hereto have entered this Agreement on the day and year first above written. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: (Witness) Print Name: Steven B. Grant, Chair Print Name: Date: (Witness) Print Name: PATHWAYS TO PROSPERITY, INC. CIRCLES PALM BEACH COUNTY BUSINESS DEVELOPMENT PROGRAM By: Kemberly Bush, Executive Director (Witness) CEO Print Name: Date: (Witness) Print Name: 0094961s-i T:\PROGRAMS&GRANTS\Non-profit Funding Program\P2P Grant Agreement\AGR P2P FY2017-18 NOGP_3-13-18 CRA Bd(Attachment 1_ts 3-5-18.doc CRA Advisory Board Report Recommendations for Consideration of Pathways to Prosperity's Grant Agreement for the BBCRA Non-Profit Organization Grant Program The CRA Advisory Board was not given the opportunity to consider this grant request by PtoP prior to the CRA Board's approval, therefore, we found it difficult to evaluate the agreement since the grant was already approved. We express caution to the CRA Board in awarding these grants because there must be a clear connection to the CRA plan of elimination of slum and blight, affordable or workforce housing, recreation and cultural development, and economic development/job creation within the CRA district. Social service programs are not included. This particular grantee has requested the money to assist them in job creation efforts through entrepreneurship. However, the CRA Advisory Board is concerned that these efforts, though laudable, are not specific enough to the CRA district. Thus, our recommendation is to require PtoP to demonstrate at the end of June that there are at least 3 entrepreneurs in the program that will likely locate their businesses within the CRA district in non-residential property. If at this point, it is unlikely that this will occur, the CRA Advisory Board recommends that further grant moneys be suspended. t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 REPORTS ON PENDING ASSIGNMENTS FROM CRA BOARD MEETING FEBRUARY 13, 2018: AGENDAITEM: D.3. SUBJECT: Consideration of the Guidelines and Application for the Boynton Beach CRA Non-Profit Organization Grant Funding Program SUMMARY: At the September 27, 2017 CRA Board meeting, the CRA Board approved the Nonprofit Organizations Grant Program (NOGP) for implementation in October of 2017. There are four categories that may be approved by the CRA Board for funding each fiscal year. These include: Removal of Slum and Blight, Economic/Business Development, Affordable and Workforce Housing, and Recreation and Cultural Facilities. The Board approved funding for the Economic/Business Development categoryfor FY 2017-18. The Board wanted to extend the program to assist other nonprofits with similar programs/projects in futherance of the CRA Plan. The formal grant process was developed to be transparent with objective and measurable evaluation criteria. Additionally, the annual NOGP program would allow the CRA to start the grant informational workshop in May, notice of funding in June, and ultimately complete the grant evaluation/award process by August for inclusion into the fiscal year budget and implementation by October 1 st of each year. The attached draft Nonprofit Organizations Grant Program (NOGP) guidelines and review process is developed with parameters that would provide a funding framework and methodology for verifying effectiveness of the programs and activities supported by the CRA (see Attachment 1). The program's parameters includes eligibility and review criteria, funding amount and categories, and deliverables to ensure an objective and consistent evaluation process for the Funding Evaluation Committee while providing flexibility for the CRA Board to determine appropriate funding amounts. Proposed grant documents, including application, instructions, form documents (including budget and quarterly/annual evaluation reports), and recommended evaluation criteria/scoring methodology are provided for Board review (see Attachments 11). To facilitate the application process, the grant application will be made available electronically on the CRA's website and in printed formats at the CRA Office. Notice of available funding was advertised through traditional methods (e.g. legal ad, press release, postings at public buildings, Creole and Spanish flyers - see Attachment III) as well as eblasts, CRA website, and other available social medial resources. Two pre-submission workshops were held (October 23, 2017 and November 13, 2017). All grant application and supportive documents were made available electronically in editable formats on the CRA's website and printed formats at the CRA Office for interested parties. On February 13, 2018, Pathways to Prosperity (P2P) was awarded $32,077 in funding by the CRA Board. The CRA Board assigned the review of the NOGP to CRAAB to consider the possibility of allowing additional members on the Funding Evaluation Committee and to offer additional improvements to the program. Specifically, the Board suggested either a CRAAB member, provided there is no conflict of interest, and/or City staff such as the Economic Development Director and adjustments to the review criteria for newly created programs or projects. Additionally, the Board would like CRAAB to recommend funding of any of the other categories in addition to the Economic/Business Development category for the remaining funds in FY2017-18. FISCAL IMPACT: The Nonprofit Organization Grant Program (NOGP) will assist nonprofit organizations with demonstrated capacity to create jobs and economic opportunity thus adding to the CRA and City's tax base. $125,000 is budgeted for this program in FY 2017-18 line item, 02-58500-470, Project Fund. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: The CRAAB recommended the Funding Evaluation Committee's membership NOGP guidelines and evaluation criteria, and funding category for FY 2017-18 (Economic/Business Development) remain as previously approved. CRA BOARD OPTIONS: 1. Approve the re-issuance of the NOGP for the remaining $92,923 for the Economic/Business Development Category with a 30 day closing date. 2. Approve the re-issuance of the NOGP for the remaining $92,923 for the Economic/Business Development and Affordable/Workforce Housing Categories with a 30 day closing date. 3. Not approve the re-issuance of the NOGP in FY 2017-18 and re-allocate the remaining $92,923 for the NOG P in FY 2018-19. 4. The Board may consider an alternative upon review and discussion. ATTACHMENTS: Description D Attachment I - NOGP Guidelines FY 2017-18 D Attachment II -Application and Instructions D Attachment III - NOGP Flyer \� \ \ { OY \ . ACRA \ Nonprofit Organization Grant Program Fiscal Year 2017-18 Funding Cycle Boynton Beach Community Redevelopment Agency Nonprofit Organization Grant Program (NOGP) Table of Contents FundingFramework..................................................................................................................................3 Needs and Priorities for Funding ...........................................................................................................3 Nonprofit Organization Grant Program (NOGP)................................................................................4 Boynton Beach Community Redevelopment Agency (CRA) Funding Framework......................5 Amountof Funding: ..................................................................................................................................6 Typesof Actifities .....................................................................................................................................7 Eligibilityfor Funding..............................................................................................................................8 FundingCycle.............................................................................................................................................8 ApplicationComponents..........................................................................................................................8 Application and Review Process.............................................................................................................9 ApplicationReview Criteria..................................................................................................................10 Accountability for Use of CRA Funds .................................................................................................12 2 Boynton Beach Community Redevelopment Agency Nonprofit Organization Grant Program (NOGP) Fiscal Year 2017-18 Funding Framework The mission of the Boynton Beach Community Redevelopment Agency (CRA) is to foster and directly assist in the redevelopment of the Community Redevelopment Area (CRA Area) in order to eliminate blight, create an economically sustainable downtown, and encourage economic growth, thus improving the attractiveness and quality of life of the CRA Area and by extension, the City of Boynton Beach as a whole. The 2016 Boynton Beach Community Redevelopment Plan (CRA Plan) provides the framework for projects and activities intended to accomplish this mission, and offers objectives for redevelopment of the area that is also consistent with the citizens' visions as expressed through various neighborhood and area planning initiatives. In addition, the CRA Plan must be consistent with the City of Boynton Beach's Comprehensive Plan. In order to remain current in the fast-paced, ever changing economy of South Florida,both the CRA Plan and City of Boynton Beach Comprehensive Plan are periodically reviewed and updated in order to accurately reflect changing conditions and community objectives. The CRA cannot fund the immense task of redevelopment on its own and encourages leveraged investment by private enterprise. With limited resources available for redevelopment efforts, the CRA allocates funding to projects and programs that will provide the most benefit for the dollars expended. To assure the CRA is receiving the intended results from its projects and programs it is important that funding decisions be based on expectations of specific,measurable outcomes. In addition,since the implementation of a few strategically placed well-funded programs may have a much greater impact on the overall area than many inadequately funded ones, programs must be evaluated in the context of the CRA Plan and overall goals, and implemented accordingly. Therefore, the CRA's funding activities must align with the CRA Plan. Toward that end, the CRA has developed the Nonprofit Organization Grant Program (NOGP) as a methodology for evaluating the effectiveness of the programs and activities the CRA supports in furthering the CRA Plan. The objectives of this program is capacity building for the nonprofit organizations receiving CRA funds so CRA funds can be leveraged with other funding sources and not used as a sole funding source. Needs and Priorities for Funding The CRA provides funding to address "Overall Needs' within the Community Redevelopment Area. Along with the specific needs identified within the CRA Plan for the various districts of the CRA Area,the following "Overall Needs" are wide in scope and encompass some of the more serious problems that are prevalent throughout the CRA Area and contributed to the overall state of decline. These needs are addressed in previous CRA redevelopment plans and have been consolidated in the 2016 Boynton Beach Community Redevelopment Plan. 3 Removal of Slum and Blight(Demolition of Blighted Properties and Community Beautification and Clean- up Activities) Economic/Business Development Affordable and Workforce Housing Recreation& Cultural Facilities While the CRA is the primary entity responsible for implementing the CRA Plan, the economic development envisioned by the CRA Plan may also be addressed through partnerships with other organizations. The NOGP has the potential to realize results without duplicating efforts through strategic alliances between the CRA and nonprofits that have a demonstrated capacity to address those needs. This program may be expanded in the future at the discretion of the CRA Board to include funding categories listed above. In order to better evaluate funding requests from those organizations and potential new "Partners," and measure the results of activities supported by CRA funds relative to the CRA's goals and objectives, the CRA developed the NOGP process and documents. Funding Categories for FY 2017-18 Economic/Business Development Nonprofit Organization Grant Program (NOGP) The NOGP provides a strategic framework for awarding and evaluating funding for programs and projects that further the CRA Plan, and includes specific guidelines that provide clear and consistent means for the CRA to: • Inform the community about CRA funding interests and intentions; • Identify funding in each fiscal year that is eligible for strategic partnerships based on the four"Overall Needs" identified above (Removal of Slum and Blight, Affordable and Workforce Housing, Economic/Business Development, Recreation and Cultural Facilities); • Advise potential applicants on how they may become partners in accomplishing shorter and longer- term CRA goals; • Consider and compare funding applications and make funding decisions;and, • Measure and evaluate organization performance relative to projections once funding is awarded. For the Economic/Business Development Category funded in FY 2017-18, the NOPG describes the kinds of activities the CRA will fund and the short-term outcomes and long-term impacts the CRA hopes to achieve in collaboration with its nonprofit partner. It includes tools to assist the CRA in assessing the success of projects and programs that receive CRA funding. Funding applications must demonstrate alignment with these guidelines. 4 Boynton Beach Community Redevelopment Agency (CRA) Funding Framework Economic/Business Development • Business incubator facilities/programs that focus on the following industries, and have the potential to create five or more jobs, such as: — Communication/Information Technology — Life Science CRA funds these kinds of — Culinary Industries activities — Arts and cultural Industries — Busincss &Financial Services — Clean Energy — Emerging Technologies — Corporate Headquarters To achieve these • Establishment and/or expansion of technology-based businesses, culinary (short-term) industries, creative industries, and similar industries • Creation of higher paying jobs located in the CRA Area outcomes Higher occupancy in office buildings • Increased economic activity in the CRA Area • Diversified local economy in the CRA Area • Construction of new mixed use buildings in the applicable CRA Districts With these long-term • National recognition of Boynton Beach as a City where companies want to impacts be • Higher tax base • Increased economic development • Number and types of new technology/creative based business start-ups • Number of higher paying new jobs • Number of new mixed use buildings Demonstrated • Number of new arts and cultural venues by these kinds of measures • Number of technology based businesses relocating to or expanding in the of success CRA Area • Dollars invested/capital raised • Increases in assessed values • Occupancy rates The NOGP framework does not replace guidelines for various other CRA grant programs such as Commercial Facade Improvement Grant Program, Commercial Interior Build-Out Grant Program, Commercial Rent Reimbursement Grant Program, and Commercial Construction Permit Grant Program. 5 Amount of Funding: The following guidelines regarding the amount of funding for which a potential Nonprofit Partner may apply are effective for Fiscal Year 2017-2018. • CRA support for Nonprofit Partners will be subject to availability of funds and the quality of their applications relative to these guidelines. • CRA support may not exceed 25% of an organizations total operating budget for the year or a maximum of$75,000, whichever is less, for a specific requested program or project, unless approved by the CRA Board as specified below. • The CRA Board may approve a grant allocation in excess of 25%of an organization's operating budget for the year, up to a maximum of $75,000, for a specific requested program or project may be considered by the CRA Board in the following circumstances: - The program or project service area is located within CRA priority area(s); - The program or project supports CRA priority project(s); or, - CRA funds are leveraged with other investment or private enterprise. • An organization may request support for only one program or project in FY 2017-2018. • Funding may be requested for a maximum one-year period in any application, though applications may be submitted for the same project/program in more than one consecutive year. • The inclusion of in-kind cash value and/or services as projected and/or current revenue will be given careful review by the CRA. The value of in-kind revenue must be thoroughly documented and in general should not exceed ten percent (10%) of the total project/program budget. For Affordable Housing programs, real estate donations will not be included in the 10%calculation. • Nonprofit Partners that have received funding in prior years must submit applications annually for future funding;no future funding will be made based on past support. • Funds will be disbursed quarterly in accordance with the "Funding Agreement" executed by each Nonprofit Partner upon approval of funding. Along with organizational and programmatic considerations, the CRA will include financial factors in its review of funding proposals to determine whether or not and how much funding will be awarded to each applicant. Financial considerations may include projected and actual revenue and expenses for prior years, financial statements, the proposed program/project budget, committed and potential support from other funders, financial sustainability, and the CRA's own budget and available resources. 6 Types of Activities At the CRA's sole discretion and as allowed by Florida Statutes, the CRA may provide the funding following types of activities for Nonprofit Partners' projects and programs that are requested in the grant application. Generally speaking, a project is defined as a set of activities that has definite start and end points and is relatively short in term (a year or less); the scope is clearly defined and somewhat narrow and not likely to change significantly during the life of the project. A program is longer in term or ongoing and may involve multiple related projects; the scope is broad and activities and objectives must be managed over time as the organization environment changes. Projects and programs are usually linked to identifiable organization work units or cost centers. Administrative Day-to-day operating costs or expenses to further the general purpose support/overhead or work of an organization;maximum allowed is 10% of expense project/program budget Conferences/seminars Expenses to hold or sponsor a conference, seminar, workshop, other training event Consulting services Professional staff support to assist with a project of mutual interest or to evaluate services provided by an organization Equipment Purchase of equipment, furnishings, or other materials Film/video/radio Film,video, or radio production In-kind gifts Non-monetary donations, including equipment, land, or products; might also donate facility space or staff time Loaned talent Volunteer services provided to organizations by professionals or executives to help in an area involving their particular skills Program evaluation Evaluation of a specific project or program;may include support for direct evaluation costs or for technical assistance or outside evaluation Program/project Direct costs to develop and/or implement specific projects or support programs Public relations Printing and duplicating, audio-visual and graphic arts production, services assistance in planning special events, public service announcements, and other activities to increase public awareness and promote the organization to the community and other stakeholders Use of facilities Rent-free or reduced office space for temporary periods 7 Eligibility for Funding Organizations meeting the following criteria are eligible to apply for Nonprofit Partner funding: • Mission consistent with the mission of the CRA • Classified as tax-exempt under IRS 501(c)(3), at time of application • In good standing with the State of Florida • Priority will be given to principle businesses located in the CRA Area • Serves residents of the CRA Area and/or visitors that come to the district to participate in funded programs, projects, and events • Demonstrated commitment by Board of Directors or governing board to the purpose of and accountability for CRA funds • Demonstrated capacity to create jobs and economic opportunities through the requested program funding Funding Cycle, Fiscal Year 2017-2018 CRA support for Nonprofit Partners will be allocated in an annual cycle, with specific dates and instructions published prior to the beginning of each cycle. Dates for Fiscal Year 2017-2018 are as follows: • October 6, 2017 Application Available on-line • October 23, 2017, 1 PM Voluntary Presubmission Meeting#1 (Boynton Beach City Library) • November 13, 2017, 6 PM Voluntary Presubmission Meeting#2 (Boynton Beach City Library) • November 17, 2017, 5 PM Deadline for Request for Information or questions • December 1, 2017, 5 PM Applications due to CRA Office (710 N. Federal Hwy., Boynton Beach) • December 8 -22,2017 Feedback to applicants;opportunity to provide missing information • January 2018 Funding Evaluation Committee review of applications • February 2018 Applicant presentations to &potential for funding decisions by CRA Board The CRA has the right to adjust the dates as necessary. All applicants would be notified of any changes. In addition, from time to time the CRA may offer special funding initiatives for community partners to provide services in response to emerging/changing community needs and resources. Application Components To request CRA support, interested organizations must submit an Application for Funding. The application, related forms, and instructions to complete and submit the application package are available on the CRA website. The application package is comprised of the following components, which are described in detail in the instructions. • Cover Letter - signed by the Chair of the organizations Board of Directors to demonstrate Board commitment to the purpose of and accountability for the proposed project or program 8 • 501(c)(3)IRS Determination Letter, at time of application • Evidence of good standing with the State of Florida • Application for Funding-includes organization information, a comprehensive narrative description of the proposed project/program, and budget data • Board of Directors - List of Board members and officers, brief bio for each, and, if available, policies on Board roles&responsibilities and Board contributions • Strategic Plan-Strategic Plan or other long-term planning document and,if available,policy on long- term planning • Budget and Budget Narrative -past, current, and proposed organization budget figures and line item budget with justification for the proposed project/program • Project/Program Model-graphic presentation to demonstrate how project/program activities deliver immediate products and services (outputs),which result in short-term changes (outcomes),that in the long-term address "Overall Needs' within the CRA Area (impacts) • Evaluation Plan - a written plan to translate outputs and outcomes defined on the Project/Program Model to measureable indicators and identify specific procedures, personnel, schedule, and tools/instruments to collect, analyze, and report data on performance • Organization financial information - most recent Financial Statement, IRS Form 990 or 990 EZ, as applicable, credit report, and Independent Financial Compilation, Review, or Audit (see Application Instructions) • Affiliation Agreements - if applicable, documents describing current or planned collaborative partnerships with specific roles or resources that each partner will provide relative to the proposed project/program • Current Balance Sheet-As of 7/31/17 or more recent The CRA has the right to determine what documents included on the list are not applicable and request any additional information as necessary. Application and Review Process 1. Previously funded Nonprofit Partners will be notified by email of the new funding cycle and public notice will be published on the CRA website. 2. Application and related forms and detailed instructions will be available in hard copy at the CRA office and by email on request. 9 3. Applications delivered to the CRA office in person by an organization representative, U.S. Mail, or courier service will be accepted from the opening of the funding cycle until the due date and time. 4. The CRA Assistant Director or designee will conduct a preliminary review of each application to confirm that the organization is eligible to apply and determine whether application components are present and complete. 5. The Assistant Director will recommend applications for review to the Funding Evaluation Committee, comprised of the CRA Executive Director or CRA Assistant Director, CRA Finance Director, and the CRA Development Services Manager. 6. The Funding Evaluation Committee will review each application according to established criteria and make preliminary funding recommendations to the CRA Board of Commissioners. 7. At the discretion of the CRA Board,applicant organizations may be asked to make presentations based on the Project/Program Models and Evaluation Plans included as part of their funding applications to the CRA Board. 8. The CRA Board will consider and make final decisions regarding funding requests. Application Review Criteria Criteria to be used by the CRA's Funding Evaluation Committee in reviewing applications for funding are grouped into six categories weighted as follows: Organization Capacity 20% Need for Project/Program 20% Project/Program Description 10% Project/Program Model 20% Evaluation Plan 10% Budget& Sustainability 20% Specific items will be rated by each member of the Funding Evaluation Committee on a scale of 1 to 5, worst to best possible response: (1) Unacceptable, (2)Minimal, (3) Satisfactory, (4) Good, (5) Excellent. Specific criteria to be used by the committee to evaluate funding applications are as follows: ORGANIZATION CAPACITY • Length of time established, overall growth/stability • Stability/growth of organization funding • Board professional composition, role, commitment to program/project • Demonstrated experience/success with similar program/project 10 • Program/project leadership and staff qualifications • Collaborative relationships/affiliations relative to program/project • Prior CRA funding experience with similar program/project • External oversight/accreditation/affiliation • Long term/strategic planning process • Current strategic plan and status NEED FOR PROGRAM/PROJECT • Program/project need consistent with CRA "Overall Needs' • Program/project need consistent with organization mission • Documentation of program/project need • Uniqueness/lack of duplication, or affiliation with similar resources PROJECT/PROGRAM DESCRIPTION • Innovative or proven approach and justification • Target population(s) clearly defined and within guidelines • Activities clearly described and consistent with project/program model • Staff and resources adequate to implement activities • Activities likely to result in stated outputs/outcomes • Realistic time frame to implement program/project PROJECT/PROGRAM MODEL/PROJECTED RESULTS • Stated program/project goal clear and relevant to CRA "Overall Needs" • Clear relationship between activities, outputs, and outcomes • Activities appropriate to program/project goal • Realistic outputs and outcomes relative to organization capacity • Clear,measurable outputs • Clear,measurable outcomes • Program/project results likely to lead to stated impacts EVALUATION PLAN • All CRA-funded activities addressed • Outputs presented with measurable indicators • Outcomes presented with measurable indicators • Evaluation processes clearly described (who,how/tools, when) 11 • Evaluation processes reasonable, appropriate • Implementation responsibility/process clearly defined • Application/usefulness of evaluation results BUDGET& SUSTAINABILITY • Adequate, appropriate expense budget to implement program/project • Line item costs explained/justified in narrative • Use of CRA funds clearly identified,may be tracked • Sufficient mix of funding secured to implement program/project • Non-CRA funding solicited/pending • Financial documents demonstrate responsible financial management • Realistic plans to sustain program/project Accountability for Use of CRA Funds Nonprofit Partners will be required to submit quarterly and annual evaluation and financial reports to provide data to support progress toward projected outcomes and to account for use of CRA funds. Report forms and instructions will be provided to organizations upon execution of funding agreements and will also be available at the CRA office and by email upon request. Discrepancies in meeting projections included in final funding documents, whether performance fails to meet or exceeds those projections, must be addressed in the organization's Quarterly Evaluation Report, which may include,but not limited to the following: - Verifiable cumulative list of clients or location of activities funded by the program; - Graduates and Job Creation Statistics(e.g.with minimum goal of 25%of clients residing or opening businesses within the CRA Area, etc.), as applicable to funding category; - Quarterly workshops/training data, as applicable to funding category; - Financial Statements (quarterly unaudited and annual audited) or supportive documents consistent with approved grant budget; and, - Marketing and Outreach Plan and Statistics with documentation of efforts towards individuals who are served or residents of the CRA Area or own and operate a small business located in the CRA Area. At its discretion, the CRA will work with Nonprofit Partners to address discrepancies, adjust projections, and/or improve performance. Proposed changes to funding-related documents must be approved in advance by Thuy Shutt, CRA Assistant Director, as follows: • All changes to the Project/Program Model or Evaluation Plan • Changes of more than 10% in any Budget line item 12 Application for Funding - Nonprofit Partner Boynton Beach Community Redevelopment Agency INSTRUCTIONS Organizations interested in applying for financial support from the Boynton Beach Community Redevelopment Agency(CRA)are strongly encouraged to review the Nonprofit Organization Grant Program (NOGP) to evaluate eligibility and obtain complete guidelines. The NOGP application and related forms are available online at www.catchboynton.com. IMPORTANT DATES, Fiscal Year 2017-18 Funding Cycle • October 6, 2017 Application Available on-line • October 23, 2017, 1 PM Voluntary Presubmission Meeting#1 (Boynton Beach City Library) • November 13, 2017, 6 PM Voluntary Presubmission Meeting#2 (Boynton Beach City Library) • November 17, 2017, 5 PM Deadline for Request for Information or questions • December 1, 2017, 5 PM Applications due to CRA Office (710 N. Federal Hwy., Boynton Beach) • December 8 -22,2017 Feedback to applicants; opportunity to provide missing information • January 2018 Funding Evaluation Committee review of applications • February 2018 Applicant presentations to &potential funding decisions by CRA Board The CRA has the right to adjust the dated as necessary. All applicants would be notified of any change. GENERAL INSTRUCTIONS Your application must be completed using the Word format provided by the CRA. The application form uses the Palatino Linotype, 11 point font. Maintain this font and single spacing for your responses. Before you begin to fill in the application: • Read all of these application instructions carefully • Re-name the file using the following format: Application, Name of Organization, Due Date.doc • Fill in your organization name and the due date in the footer • If requested funding is not linked to a specific named project or program within the organization but rather to an organization-wide activity, administrative function, or other component it must still correlate with a "Key Activity' on the organizations project/program model. A project/program "title" should be assigned to identify it. Enter all responses in the spaces provided. (Instructions for specific items follow.) Enter a response or "Not Applicable" for each item; do not leave any blanks. Limit your narrative responses to the stated number of words. It is not necessary to use the maximum number of words - respond to each item as succinctly as possible to get your points across. (Use the Word Count feature in Word to check the exact number.) You may find it helpful to draft your responses on a separate sheet and then copy-and-paste into the application form. 00871670-1 CRA Funding Application Instructions,FY 17-18,Page 1 of 8 INDIVIDUAL APPLICATION ITEMS Section I. ORGANIZATION INFORMATION 1 Organization legal name: as shown on the 501(c)(3)letter and dba(doing business as), if applicable 2 Address: physical location of main organization office 3 Telephone: telephone number, including area code, for main organization office 4 Fax: fax number, including area code,for main organization office 5 Website: organization website address 6 Mission Statement: Board-approved mission statement 7 Executive Leader: name of Executive Director or Chief Executive Officer 8 Application Contact: if applicable, contact person other than executive leader for application 9 Title: of Application Contact, if applicable 10 Contact Telephone: phone number for Application Contact, if applicable 11 Email: e-mail address for Application Contact,if applicable 12 Year Established,Organization History and Growth (maximum 1,000 words): provide brief overall history and key events that speak to your organization's strengths and qualifications, especially as they pertain to the proposed services for which you are requesting CRA support; include negative events or challenges you have overcome if you think doing so will strengthen your case 13 Description/Programs (maximum 1,000 words): provide brief overview of the organization's structure and programs,including those not incorporated in your request for support;use this broad description to create the context in which you are requesting support for specific programs or projects 14 Long Term/Strategic Planning Process and Status of Current Plan (maximum 500 words): describe organization's policy/process for long term/strategic planning and review; approval date and time frame for current plan; current action plan status; how plan/progress is tracked, etc.; attach plan (approved or adopted within past three years) and policy, if applicable 15 Board Roles Responsibilities (maximum 500 words): explain key Board roles and responsibilities, frequency of meetings, committee structure, etc.;also attach list of Board officers and members including brief bio for each (maximum 250 words each),if applicable 00871670-1 CRA Funding Application Instructions,FY 17-18,Page 2 of 8 16 Policy on Board Contributions (maximum 250 words): Explain any formal or informal policy on Board member contributions; attach policy if applicable 17 For current fiscal year, number of Board members contributing cash donations, donations raised from others, volunteer hours, in-kind donations: the number of Board members that have contributed during the current fiscal year 18 For current fiscal year,amount/value of Board member contributions of cash,donations raised from others,volunteer hours,in-kind donations: the total dollar value of contributions by Board members represented in item#17 19 Oversight, accreditation, affiliation: if applicable, list "parent" organization or other entities with which the organization is professionally or legally affiliated for accreditation, evaluation, or mandatory or voluntary oversight (does not include funding sources, unless they also meet this criterion);include brief description of relationship Section II. PROJECT/PROGRAM INFORMATION 20 Project/Program Title: specific project or program within the organization or organization-wide activity, administrative function, or other component; must correlate with a "Key Activity" on the Project/Program Model and be assigned a title. 21 Prior CRA Funding for Same Project/Program (Yes/No): has your organization received previous CRA funding for the same type of project or program? 22 Time Period: indicate the fiscal year(s) if organization has received prior CRA funding 23 Boynton CRA Overall Need Addressed: "Economic/Business Development" as defined in the 2016 Boynton Beach Community Redevelopment Plan (CRA Plan) and the NOGP Funding Framework 24 New or Existing Project/Program 25 If Existing Project/Program,Year Established 26 Project/Program Goal (maximum 150 words): succinctly stated purpose or intended results of the project/program, not a description of it 27 Need for Project/Program (maximum 1000 words): documented problems, symptoms, or conditions that demonstrate the need for the project/program;justification; consequences if the need is not met; include data and references to support the need at the local, state, and/or national levels 28 Description (maximum 500 words): detailed description of how the project/program operates 29 Target Audience or Persons Served (maximum 150 words): intended audience or participants including geographic area (goal of 25% of clients residing or opening businesses within the CRA district as applicable to funding category), age range, and other demographics or characteristics 00871670-1 CRA Funding Application Instructions,FY 17-18,Page 3 of 8 30 Innovative or Proven Approach and Justification (maximum 500 words): rationale or justification for the project/program approach including references and/or related data 31 Uniqueness, or Justification for Duplication of Similar Area Project/Program (maximum 250 words): how the project/program is unique or different from others in the area or, if there are similar projects/programs,why the project/program is justified 32 Organization's Prior Experience with Project/Program or Similar (maximum 250 words) 33 Operating partnerships (maximum 500 words): relationships with other organizations that are integral to operation of the project/program;formal and/or informal sharing or exchange of services, products, human resources, funding, etc. specific to this purpose; attach Affiliation Agreements if applicable 34 Implementation Action Plan/Time Line: time line to implement proposed project/program or make changes to existing operations,including key actions, dates,responsible staff if applicable (especially important for new projects/programs or significant changes); narrative or graphic presentation is acceptable 35 Key Staff and Qualifications (maximum 500 words): staff directly responsible for implementing, managing, and evaluating the project/program and brief summary of their relevant credentials and experience 36 Potential Challenges and Strategies to Address Challenges (maximum 500 words) Section III. FINANCIAL INFORMATION 37 Total Organization Budget: Enter three Total Organization Budget amounts: • Final audited Total Organization budget for the previous Fiscal Year • Board-approved Total Organization Budget for the current Fiscal Year; most recent figure if the budget has been revised during the year • Proposed Total Organization Budget for the fiscal year for which the request is being submitted; if the request is made for the current Fiscal Year, enter that amount again 38 Project/Program Budget: total budget amount for projects or programs included in this CRA application; should equal the "Total Expenses Project" shown on the CRA Budget, Attachment Vll) 39 Amount Requested: of the total Project/Program Budget, dollar amount of request to CRA- should equal the CRA request amount in the CRA Budget (Attachment Vlll) 40 Percent of Organization Budget: percent of Amount Requested of the Total Organization Budget (not the Total Project/Program Budget); this amount may not exceed 25%. The CRA Board at their discretion may approve an amount over 25%,but may not to exceed a total grant amount of$75,000 per applicant (see NOGP Guidelines,Amount of Funding). 00871670-1 CRA Funding Application Instructions,FY 17-18,Page 4 of 8 41 Project/Program Time Period: Fiscal Year or specific time frame within Fiscal Year in which proposed project/program will be completed 42 Type(s) of Support Requested: type of support as defined in the NOGP 43 Other Support/Status and Plans for Sustainability (maximum 500 words): planned and committed financial support including status of funds requested but not confirmed, as well as other factors expected to assure sustainability of the program; for time-limited projects, mix of funding and other support expected to make it possible to complete the project within the anticipated time frame Section IV. APPLICATION CHECKLIST A. Cover Letter signed by Board President/Chair - stating: (1) the application package was endorsed by a majority vote of the board; include the date of the meeting in which the vote was taken; (2) the board understands that the CRA funding is to be utilized in conjunction with programs and operations that are consistent with the CRA's mission and the CRA Plan for the benefit of the Redevelopment Area, and (3)board members are committed to assisting the organization in working to achieve the measurable outcomes identified in the funding application. If the Board meeting schedule precludes a review/vote prior to submitting the application, indicate in the letter the date that meeting will take place and send the full commitment letter before the CRA Board presentation B. 501(c)(3) Letter (must be classified as tax-exempt under IRS 501(c)(3) at time of application) C. Evidence of Good Standing with the State of Florida D. Board of Directors/Officers list with bios (maximum 250 words each) E. Policy on Board roles &responsibilities,if applicable F. Policy on Board contributions,if applicable G. Strategic Plan or other long-term planning document H. Policy on strategic/long-term planning, if applicable L Project/Program Model-refer to separate instructions J. Evaluation Plan -refer to separate instructions K. CRA Project/Program Budget Request-refer to separate instructions L. CRA Project/Program Budget Narrative -refer to separate instructions M. Financial Statement-current fiscal year-to-date through July N. Most recent Form 990 or 990 EZ, as applicable O. 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 minimum Experian Intelliscore Plus Score of 26 or higher or Risk Class of"3" or lower to be eligible. A 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. P. One of the following financial statement services performed by a Certified Public Accountant (CPA): o Most recent Financial Statement Compilation for grant applications in excess of$10,000; o Most recent Financial Statement Review for grant applications in excess of$45,000; or, o Most recent Independent Financial Audit for grant applications in excess of$70,000 Q. Affiliation Agreements, if applicable (list) - only documents describing current or planned collaborative partnerships with specific roles or resources that each partner will provide 00871670-1 CRA Funding Application Instructions,FY 17-18,Page 5 of 8 relative to the proposed project/program are acceptable; letters of general support will not be considered as a replacement for an Affiliation Agreement R. Current Balance Sheet-As of 7/31/17 or more recent. The CRA has the right to determine what documents included on the list are not applicable (NA) and request any additional information as necessary. The checklist is provided to assure that the application is complete. Applicants will be advised of missing components and given a time-limited opportunity to add them. If the time frame passes and missing components are not provided, incomplete applications will not be given further consideration. • Enter ✓(provided), X (not provided), or NA (not applicable) for each item on the checklist • Enter titles and/or dates as requested for various documents Section V. CERTIFICATION STATEMENT AND SIGNATURE The name and title of the chief executive of the organization must be typed in and he or she must sign and date the certification statement in blue ink. ASSEMBLING THE APPLICATION Provide one(1)hard copy of the complete application document in a three-ring loose-leaf binder with the left margin adjusted for the punched holes. Note that printing on three-hole punch paper will preclude having to punch holes in all of the sheets. Assemble the pages of the complete application document in the following order: Cover Letter 1. Application for Funding 2. Organization Information: • 501(c)(3) Letter (must be classified as tax-exempt under IRS 501(c)(3) at time of application) • Board of Directors list with bios • Policy on Board roles &responsibilities,if applicable • Policy on Board contributions, if applicable • Strategic Plan or other long-term planning document • Policy on strategic/long-term planning, if applicable 3. Project/Program Documents: • Project/Program Model • Evaluation Plan 4. Financial Information: 00871670-1 CRA Funding Application Instructions,FY 17-18,Page 6 of 8 • CRA Project/Program Budget Request • CRA Project/Program Budget Narrative • Most recent Financial Statement • Most recent Form 990 or 990 EZ, as applicable • Most recent Financial Statement Compilation performed by a Certified Public Accountant (CPA) for grant applications in excess of$10,000 • Most recent Financial Statement Review performed by a Certified Public Accountant (CPA) for grant applications in excess of$45,000 • Most recent Independent Financial Audit performed by a Certified Public Accountant (CPA) for grant applications in excess of$70,000 • Authorization to perform credit check for the business and each principal/owner of the business (attached) 5. Affiliation Agreements, if applicable Print one (1) unbound original application document and mark it "ORIGINAL" at the top of the first page. Do not staple any of the pages together. Place the cover letter on top and enter the remaining pages in order as instructed above behind the following five tabs: 1. Application Form 2. Organization Information 3. Project/Program Documents 4. Financial Information 5. Affiliation Agreements Scan and save your completed Application for Funding and CRA Combined Budget, including Project/Program Budget Narrative(s) as .pdf files (minimum 300 dpi resolution with autocolor format)in the same tabbed order as indicated above. Copy these files and all other application attachments onto a CD or jump drive. It is NOT necessary to convert all other attachments to .pdf files if they are not already saved in that format. Label the CD or jump drive with your organization name and the submission due date. 00871670-1 CRA Funding Application Instructions,FY 17-18,Page 7 of 8 SUBMISSION OF THE APPLICATION Place the original unbound application, one (1) hard copy in a three-ring binder, and the CD or jump drive in a sealed box and deliver to the CRA office at the following address by hand, US mail, or courier service. Proof of delivery is recommended. ATTENTION: Thuy Shutt, Assistant Director Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 561-600-9098 The application package must be received at the CRA office on the due date by 5 PM. Late applications will not be accepted. Applications will not be accepted by fax or email. QUESTIONS/TECHNICAL ASSISTANCE You may submit questions by e-mail to ShuttT@bbfl.us until two weeks before the application deadline. You will receive a response within two business days and answers relevant to all applicants will be posted on the CRA website, www.catchboynton.com. 00871670-1 CRA Funding Application Instructions,FY 17-18,Page 8 of 8 Application for Funding - Nonprofit Partner Boynton Beach Community Redevelopment Agency Section I. ORGANIZATION INFORMATION i Organization Legal Name: dba, if applicable: 2 Address: 3 Telephone: 4 Fax: 5 Website: 6 Mission Statement: 7 Executive Leader: 8 Application Contact: 9 Title: io Contact Telephone: ii Email: 12 Year Established, Organization History and Growth (maximum 1,000 words): 13 Description/Programs (maximum 1,000 words): 14 Long Term/Strategic Planning Process & Status of Current Plan(attach Plan) (maximum 500 words): 15 Board Roles & Responsibilities (maximum 500 words): 16 Policy on Board Contributions (maximum 250 words): 17 For current fiscal year,number of Board Members contributing: Cash donations Donations raised from others Volunteer hours In-kind donations 18 For current fiscal year, amount/value of Board member contributions: Cash donations Donations raised from others Volunteer hours In-kind donations ig Oversight/Accreditation/Affiliation: Section II. PROGRAM/PROJECT INFORMATION 20 Project/Program Title: 21 Prior CRA Funding for Same Project/Program_Yes_No 22 If Yes, Time Period: 23 Boynton Beach CRA Overall Need Addressed: 24 Project/Program is _New or_Existing(check one) 25 If Existing,Year Established: 26 Goal (maximum 150 words): 27 Documentation of Need for Program/Project (maximum 1,000 words): 28 Description(maximum 500 words): Funding Application,Organization Name,Due date,Page 1 of 3 29 Target Audience or Persons Served (maximum 150 words): 30 Innovative or Proven Approach and Justification(maximum 500 words): 31 Uniqueness, or Justification for Duplication of Similar Area Project/Program (maximum 250 words): 32 Prior Experience with Project/Program or Similar (maximum 250 words): 33 Operating Partnerships (maximum 500 words): 34 Implementation Action Plan/Time Line: 35 Key Staff and Qualifications (maximum 500 words): 36 Potential Challenges and Strategies to Address Them (maximum 500 words): Section III. FINANCIAL INFORMATION 37 Total Organization Budget: Previous FY $ Current FY $ Proposed $ 38 Project/Program Budget: $ 39 Amount Requested: $ 40 % of Org Budget % 41 Time Period: Program/Project A: 42 Type(s) of Support Requested: 43 Other Support/Status and Plans for Sustainability (maximum 500 words): Section IV. APPLICATION CHECKLIST A. Cover letter signed by Board President/Chair B. 501(c)(3) IRS Determination Letter,must be classified as tax-exempt at time of application C. Evidence of Good Standing with State of Florida D. Board of Directors list with brief bios E. Policy on Board roles &responsibilities,if applicable Title: F. Policy on Board contributions,if applicable Title: G. Strategic Plan or other long-term planning document H. Policy on strategic/long-term planning, if applicable Title: I. Logic Model(s) J. Evaluation Plan K. CRA Project/Program Budget Request L. CRA Project/Program Budget Narrative M. Most recent Financial Statement Time Period: N. Most recent Form 990 Fiscal Year: Funding Application,Organization Name,Due date,Page 2 of 3 O. Completed Credit Authorization Form P. Most recent Independent Financial Compilation, Fiscal Year: Review, or Audit Q. Affiliation Agreements (if applicable list below): R. Current Balance Sheet as of 7/31/17 Section V. CERTIFICATION STATEMENT AND SIGNATURE As Chief Executive of the applicant organization I certify that (1) the information provided in this application is correct and complete to the best of my knowledge; (2) I am committed to the purpose of the proposed project or program and will work with Board and staff members to accomplish its stated outcomes; and, (3) I will be accountable for compliance with all CRA requirements for operation, evaluation, and reporting. Chief Executive Signature Date Submitted Print Name/Title Funding Application,Organization Name,Due date,page 3 of 3 tn`sii tl�k i�1F ti�7e,. RAt, �. t5 t A0 ijs AUTHORIZATION TO PERFORM A CREDIT CHECK FOR NONPROFIT ORGANIZATION The applicant herby consents to and authorized the Boynton Beach Community Redevelopment Agency's ("CRA") investigation into the credit-worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit-worthiness on behalf of the CRA, including independent contractors and credit agencies retained by the CRA for such purpose. Any information provided to the CRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the CRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the CRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the CRA. An authorization to Perform Credit Check needs to be complete by each Chief Executive of the nonprofit organization. Business (d/b/a if applicable): Federal Tax ID #: Current Business Address: State of Corporation: Email: Phone Number: Fax Number: Signature: Date: Title: 00874977-1 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Boynton Beach CRA —Project/Program Model - Instructions Simply put, a Project/Program Model is a graphic presentation to demonstrate how program/project activities deliver immediate products and services (outputs), which result in short-term benefits or changes (outcomes), which in the long-term address "Overall Needs' within the Community Redevelopment Area(impacts). Frequently developed for the purpose of evaluation,a project/program model is also a valuable tool for planning and implementing projects and programs. Developing the Project/Program Model is a good first step in preparing an Application for Funding as it encourages focused consideration of the purpose, anticipated results, and required resources of a project or program. The Boynton Beach CRA Project/Program Model format incorporates the following sequence of components: Activities 4 Outputs + Outcomes + Impacts + Goal These instructions are intended to provide specific guidelines and definitions of terms relative to the Boynton Beach CRA Project/Program Model only. Organizations with limited knowledge of or experience with project/program models are advised to obtain training and/or assistance. An Evaluation Plan will also be required so that together with Project/Program Model the applicant organization may clearly describe what activities it proposes to implement in order to accomplish specified results and how progress will be measured. Refer to separate Evaluation Plan and instructions. A separate Project/Program Model must be prepared for each program/project for which funding is requested consistent with other application materials. To be eligible for funding, programs/projects must be consistent with the kinds of activities the CRA funds as shown on the CRA Funding Framework(included in the NOGP). 1. Rename the file in this format: "Project/Program Model, Organization Name, Due Date.doc" 2. Enter Project/Program Model, the organization name, Fiscal Year, and application due date in the footer. 3. Mark Program/Project with an "X" in the document title. 4. Complete the organization information: • Organization-legal name of organization • Contact Person-person responsible for preparing the Project/Program Model • Program/Project Name • Funding Period-fiscal year or part for which CRA funding is requested • Organization Budget-total organization budget amount for the fiscal year of funding request • Program/Project Budget-total program/project budget • Request-dollar amount of request to CRA;part or all of Program/Project Budget 00875896-1 CRA Project/Program Model,Instructions,Page 1 of 2 • CRA Need Area—one of four "Overall Needs" in the CRA Funding Framework: "Economic/Business Development" • Brief Description—concise description of the program/project;maximum 250 words 5. Fill in the Project/Program Model. You may add or delete rows and space as needed to organize the information and make the relationship between components clear. The Project/Program Model should visually demonstrate how program/project activities (Key Activities) deliver immediate products and services (Outputs), which result in short-term benefits or changes (Outcomes), which in the long-term address "Overall Needs" identified in the Boynton Beach Community Redevelopment Agency Plan (Impacts). Goal "Big picture" or eventual project/program goal as it relates to the mission and vision of the organization and CRA overall needs and desired impacts;maximum 150 words • Specific actions, pursuits, processes, procedures,methods carried out to provide services or other deliverables of the program/project;the work the organization will do to accomplish the Outcomes and Impacts Key • Describe Key Activities for which funding is requested and others as necessary to Activities give a picture of how the program/project will operate but it is not necessary to give a detailed picture of every aspect of the program/project • Three to six Key Activities, if well written, should be adequate • Use a separate row for each Key Activity and number each one,beginning with 1. • Immediate, direct deliverables or consequences of Key Activities,usually described numerically, e.g.,number of participants, products, productions,units, hours, tickets, audience members,houses,etc. Outputs • Outputs reflect only a"count" of process or activity deliverables and do not indicate any resulting benefit or change • Each Key Activity may generate more than one Output • Letter each output to correspond with a key activity,e.g., "1a,""1b," "2a,"etc. • Measurable changes or benefits that occur for individuals,families, organizations, or the community as a result of program/project outputs • Must be in alignment with desired "short-term outcomes"defined in the CRA Outcomes Funding Framework • Outcomes do not have to match one-for-one with each output and may in fact result from more than one output • It is not necessary to number/letter the outcomes • Achievement of outcomes should demonstrate progress towards impacts • Eventual effect on individuals, families, organizations, and businesses within the CRA Area as a result of project/program outputs and outcomes Impacts • Must be in alignment with desired "long-term impacts"defined in the CRA Funding Framework • It is not necessary for Impacts to match one-for-one with Outputs/Outcomes; Impacts may in fact result from several Outputs/Outcomes 00875896-1 CRA Project/Program Model,Instructions,Page 2 of 2 �, 0 c, ++ � V r� � � N O �.y N n N w ai Z 'C o .O '� v �� 00 bA � � v � '� w o ,+, � O u a� �O � � � v � o z o �' � u ^�..� V r1 � U V � �" u � cd D a� O a, � � O v ... ... � � V � "'� z � V V ,� x GJ GJ �+ �� •� N � .,� i-1 � � Q bA � � v O � � � � � Funding Evaluation Plan - Instructions Boynton Beach Community Redevelopment Agency (CRA) The Evaluation Plan serves as the basis for required quarterly and annual reports in which funded organizations will document their progress toward projected outputs and outcomes. The Evaluation Plan is designed to 1) translate outcomes from the Project/Program Model(s) into measureable performance indicators, and 2) to identify specific procedures, personnel, schedule, and tools/instruments to collect, analyze, and report data comparing actual to projected performance. The Project/Program Model(s)must be complete before the Evaluation Plan may be developed. These instructions are intended to provide guidelines specific only to the Boynton Beach CRA Funding Evaluation Plan. Organizations with limited knowledge of or experience with evaluation planning are advised to obtain training and/or technical assistance. 1. Rename the file using the following format: "Eval Plan, Organization Name, Due Date.doc" 2. Enter the organization name, Fiscal Year for which funding is requested, and application due date in the footer 3. Complete the organization information • Organization-legal name of organization • Contact Person-person responsible for preparing the Evaluation Plan • Names of Program/Project, consistent with other application materials • Funding Period-fiscal year or part for which funding is requested for each program/project 4. Copy-and-paste the blank table as many times as needed to have one for each Key Activity listed in the Project/Program Model for the program/project. 5. Complete the table for each activity-the space will expand as you enter text: • Fill in the Key Activity number and name or brief description in a few words, just enough to identify the activity • List the OUTPUTS in the appropriate column to the left -be sure the indicators are measurable; you may be able to copy-and-paste each section directly from the Project/Program Model • Fill in the related Evaluation Process for each output (shown on the left)in the column to the right -include who will be involved in the process, specific methods and tools to be used to collect data, and the schedule or time frame for evaluation processes 00874978-1 CRA Evaluation Plan,Instructions,Page 1 of 2 • List the OUTCOMES Measurable Indicators in the appropriate column to the left (below the Outputs) -be sure the indicators are measurable;you may be able to copy-and-paste each section directly from the Project/Program Model • Fill in the related Evaluation Process for each outcome (shown on the left) in the column to the right-include who will be involved in the process, specific methods and tools to be used to collect data, and the schedule for evaluation • Some evaluation processes may be used for more than one indicator-it is not necessary to repeat the entire description as long as you make this clear in the table 6. Repeat the above in a separate table for each activity shown on the Project/Program Model(s) 7. Complete "Narrative response' items #1 - #10 8. The Plan must be signed by the organizations executive and Board leaders to indicate their approval and commitment;type in their names and correct titles under the signature line 9. Attach the Project/Program Model(s) on which the Evaluation Plan was based The Evaluation Plan serves as the basis for required quarterly and annual reports in which funded organizations will document their progress toward projected outputs and outcomes. Separate reporting forms for quarterly and annual reports is included in the application package. 00874978-1 CRA Evaluation Plan,Instructions,Page 2 of 2 Funding Evaluation Plan Boynton Beach Community Redevelopment Agency (CRA) Organization Contact Person Project/Program Name Funding Period Copy-and-paste table below to address each Key Activity included in the Project/Program Model for the Program/Project PROGRAM/PROJECT Activity#_: OUTPUTS/Measurable Indicators Evaluation Process-Outputs: Who,Tools,When OUTCOMES/Measurable Indicators 4 Evaluation Process-Outcomes: Who,Tools,When Narrative response: 1. Describe input, if any, to this Evaluation Plan, or the Project/Program Model(s) on which it is based, from outside consultants, staff, Board, funders, clients, or other organization stakeholders. 2. Does the organization engage in other evaluation activities and reporting? If so, describe briefly. 3. Will any additional cost be incurred to implement this Evaluation Plan? _Yes No If yes, describe specific items and amounts. 4. If applicable,have additional costs been included in the project/program budget? 5. Who will be responsible for coordinating the evaluation process and preparing quarterly/annual reports? 6. How will evaluation data be used for internal performance improvement? 7. Will evaluation data/reports be shared with organization staff? Evaluation Plan,Organization Name,NY 2017-2018,Date,Page 1 of 2 8. Will evaluation data/reports be shared with the organizations Board of Directors? 9. The Boynton Beach CRA requires that evaluation data relative to CRA support be reported quarterly and at the end of the year. Will the data/reports be shared with other funders? 10. Who are other organization stakeholders? Will evaluation data/reports be shared with them? 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CO CA O N C'7 z c) — N C7 C14 O E D E x m E N x 2 0 0 CO uj LL LO E C)- 0 -2 0 >(D 11 C) O ECD L-. 0 U) LL (D U) 0) C) C) C) C) C) C) C) Q O 0 C: S *� ZZ .2 U) a) m m mn x LO LO LO LO V) V) V) V) > E CO 2 LU11 0 m -�U- C: C: 0 0 m LU m (-) •. •. E E U) =C E Q- E 0 (1) TD E 0) 0 a_ 0) m 0 E 2 U) 006 U C (D 0) M (D a- CL E C)- C'- E fn p (D (D 0) E — 2 E 11 Q 0 Q- 0) (D 0 -2 (on o . (D Q- (D (D Z-- -0 0) (D in f 2c (n (D 0 D Q- :Z7, > x _0 E w (D (D 0) < a) C: C: of 70 Z C) (n (n (n E F- (1) z 0 fn 0 E w < to D L -4 0 Z3 Q- (n x 0 0 C: M 0 < E Of o Q 0 F- E C) W 0 .0 0 -(D in C, 0 .2 06 z ao (D (D D (n(D X 0 D CO LLOf W z m CD cj m m m m m IzT 0 I ol I Z. Boynton Beach Community Redevelopment Agency FUNDING APPLICATION SCREENING FY2017-18 Applicant Program/Project 1. Yes No Funding application was submitted by due date/time Comments 2. Yes No Organization meets eligibility criteria to apply: Mission consistent with CRA Tax-exempt under 501(c)(3) Located within CRA ( District) Serves CRA residents and/or visitors Demonstrated Board commitment to purpose/accountability Comments 3. —Yes_No Application package is complete: _Cover Letter signed by Board Chair _501(c)(3) Documentation _Board of Directors List and Bios _Strategic Plan _Project/Program Model _Evaluation Plan _Budget Request _Budget Narrative _Financial Statement _Form 990 or 990 EZ (2013) _Independent Financial Compilation/ _Credit Authorization& Fee Review/Audit (2016) _Affiliation Agreements _Policy on Board roles&responsibilities _Policy on Board contributions Letter of Good Standing Comments 4. _Yes No_PendingBoard Resolution demonstrates: Consistency of proposed project/program with specific CRA Overall Need Board commitment to purpose and accountability for funding 5. Yes No Requested amount is within limit stated in A-GUIDElines Comments Recommendation: x Full review of application No further consideration of application Tbuw Shoat 12/ /17 Thuy Shutt,Assistant Director Date A H C 111 E JFJ G JHJ I 1 FY 17-18 2 CRA Quarterly Budget Report 3 ORGANIZATION NAME: FY 2017-2018 Budget Quarter: 4 FY 2017-18 FY 2017-2018 Variance INCOME Quarter Year-to-Date Budget F2017-18 Favorable 5 to to Unfavorable 6 Fees, Tickets, Registration, etc. 7 Corporate Grants/Contributions 8 Individual Donations 9 Foundation Grants 10 Government- Federal 11 Government- Local/County 12 Government-State 13 In-Kind 14 Interest Income 15 Membership 16 CRA Actual or Requested 17 Other: 18 Other: 19 Other: 20 Total Income - - - - t 21 FY 2017-18 FY 2017-2018 Variance Expense Quarter Year-to-Date FY Favorable 22 tn tn Budget 2017-18 23 Salaries & Related Taxes 24 Fringe Benefits 25 Professional Svcs/Consulting 26 Insurance 27 Licenses, Registration, Permits 28 Conferences& Meetings 29 Copying& Printing 30 Equipment Rental/Maintenance 31 Rent/Mortgage & Maintenance 32 Utilities 33 Telecommunication 34 Office& Program Supplies 35 Postage& Delivery 36 Local Travel 37 Capital Expenditures 38 Other: 39 Other: 40 Sub-Total Expenses - - - - 41 Total Expense - 42 43 NET INCOME - - - - 44 45 DATE DUE: Organization Name, Budget Report, page 1 A H C 111 E JFJ G JHJ 1 46 CRA Budget Narrative Form 47 ORGANIZATION NAME: FY 2017-2018 Budget Quarter: 48 1 Exceeding Projection On Target Below Projection 49 INCOME: Explanation of Variances 50 1 Fees, Tickets, Registration, etc. 51 lCorporate Grants/Contributions 52 Individual Donations 53 Foundation Grants 54 Government- Federal 55 Government- Local/County 56 Government-State 57 In-Kind 58 Interest Income 59 Membership 60 CRA Actual or Requested 61 Other: 62 Other: 63 Other: 64 65 66 Lower than Projection On Target Exceeding Projection 67 EXPENSES: Explanation of Variances 68 ISalaries & Related Taxes 69 lFringe Benefits 70 Professional Svcs/Consulting 71 Insurance 72 Licenses, Registration, Permits 73 Conferences& Meetings 74 Copying& Printing 75 Equipment Rental/Maintenance 76 Rent/Mortgage & Maintenance 77 Utilities 78 Telecommunication 79 Office& Program Supplies 80 Postage& Delivery 81 Local Travel 82 lCapital Expenditures 83 Other: 84 Other: 85 DATE DUE: Organization Name, Budget Report, page 2 M O M a b0 m W Q- u U a O L a E W L tw O L a a E Z O � N E C: 3m O L (� 0 N by 3 00 .a a c E v U a 0 a E by O, a ti c a CL W 41 fb FO - mm 3 a W U co N U C (6 U N C: C C: N m a a-+ C N Q a a x (a — W G U Q fa Ln a c co+ 1 E ? 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( I;s t s s �t s t: s t { t 1 c r !t t, 1 int -r - r i s tt s #t a { r t> c r r &RASASM MOW ttS { s { s r i AF t tt ! 2_ ! £ y S' f s s ys r1 �r rs tlMIS, is i t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: March 13, 2018 REPORTS ON PENDING ASSIGNMENTS FROM CRA BOARD MEETING FEBRUARY 13, 2018: AGENDAITEM: DA. SUBJECT: Discussion Regarding Redevelopment Options for CRA Owned Parcels within the MLK, Jr. Boulevard Corridor SUMMARY: At the January 18, 2018 meeting, the CRA Board directed staff to present several conceptual redevelopment options on CRA owned parcels located within the MLK Jr. Boulevard corridor for consideration and discussion at the next available meeting. On February 13, 2018, staff provided the CRA Board with possible development options as directed (see Attachment 1). The consensus from the Board was to seek community input prior to procuring design and development services for any future redevelopment project. The CRA Board voted to assign further review and discussion of this item to the CRAAB with the goal of utilizing CRAAB as a forum to receive additional community input on desired goals and outcomes. The CRA Board requested a recommendation from the CRAAB as to whether or not the CRA-owned properties should be redeveloped for commercial, residential, or mixed-uses. CRA staff distributed flyers announcing the March 1st CRAAB meeting throughout the community at the following locations: Neighborhood Officer Police Program Office, First Baptist Church of Boynton Beach, First United Church of Boynton Beach, St. Johns Missionary Baptist Church, Community Deliverance Church, New Mt. Zion Missionary Baptist Church, Great St. Paul AME, Bride of Christ, Bible Church of God, Provident Missionary Church, Tennis Courts in west Boynton, Civic Center City Hall, Library, Hester Center, Intracoastal Park and Carolyn Sims Center. In addition, the NOPP delivered flyers to the following locations: Cherry Hill Market, EZ Mart, Bell's and Family Dollar. In addition to the flyers, the CRA also sent two email blasts to all City personnel and to the Coalition of Clergy. At the March 1, 2018 CRAAB meeting, 38 members from the community attended. Of the attendees, 12 members spoke during public comment for the item and the CRA received an additional 11 comments cards (see Attachment 11). The CRA also received a petition with 160 signatures for specific redevelopment uses (see Attachment 111)and emails from members of the public who were not at the meeting (see Attachment IV). BACKGROUND: The CRA owns a 1.23 acre assemblage at the western end of MLK Jr. Boulevard that 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 (see Attachment V). The 2.02 acre assemblage on the south side of MLK Jr. Boulevard at the western end of the Corridor is larger in size but would require sale or joint venture negotiation with adjacent property owners to create a more viable redevelopment site. 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 CRA will 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 CRAwould 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) 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 P LAN/P ROJ ECT/PROGRAM: CRA Redevelopment Plan, Heart of Boynton District and Downtown Vision & Master Plan. CRAAB RECOMMENDATION: The CRA Advisory Board made the following recommendation (see Attachment VI for full CRAAB report and Attachment VI I for meeting minutes): • Pursue a mixed-use commercial/residential development use; • Incorporate a community outreach space; and, • Pursue Option 3 (Design-Build) as described above. CRA BOARD OPTIONS: To be determined. ATTACHMENTS: Description D Attachment I -Conceptual Corridor Development Layout on CRA Owned Parcels D Attachment II -Comment Cards D Attachment III -Signed Petition D Attachment IV - Emails D Attachment V -CRA Owned Parcel Map (western end) D Attachment VI -CRA Advisory Board Report D Attachment VII -03.01.18 Minutes i "c ri a \it�. thy„ i z ,>t, s , 5 sfl s{,-}hs sf,llla\j1{ty ��;Oji nl 1} i r4� yj t')4 st' t tt}ti ti�vi ly. ?li'`ila { + y }; s r.il s�'�s l r,. �yRS s�a y '{ {�tl S�}U'-;�t4t Syt 3dt,l 1 if4 }} sY{ S yaa 1 prf1s4, .: �Ft a : : ,y s- s frt i,t s}!1 'S1 r`7 31 S''1 - � a}c n s sl#M sri , y {sS s `-. tl i,l{ 4r klty 1 P ti us 3G ,t1 Sr f vet z, t 1s i'I ! ^ �u�t�1 Yl � � � � ,�j y t t v Opp �iy on y ;.tt tl it rI r4j sl �5.�1 � ' �t , y t , ,K �t� y4,�tt}l� �. �l i`1"°r��t��£�� t }tf �4" �� ,y{��\i4,1 Y`�s,, WNW y t 4t \r s �11 =,u�. 1�� - ";t{ti€5 i,!G�{rSk,S� ��`<1' ;F t r tt�t\pry f -4 t ci�i,' ,.,tt+� t t;•al u{ "WWIc t,1.��4 rl� s ,y r,';i �t�%�it iy a 14f1� ��5.�\�,�ytt,�jt tyh. �t}�� 4�{','1}S�{ i11,�tt- •,,,.qtr; -`�1�, _ q §,,,(`'�i t� v ,rt ni t�t� s d}s'f --- � v 4e a er,. t i�� ',c, tt 11\1F{�. t 1�f t��;?U ��F r � Y��r,�t,fiF 1,,, " ��.x:r,t, Y sit `•t�,tv �i , 1 r �2 s�.,, ��.i,t{;�� Ftlf: h �, ! {` ti 1�y1 '��v} "•�r' `y i��,' �,} � �i,tf e �FtiF,qs st1 t(}£tF ,i lq.i l: Ott �(t ry �(� S I' �. 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IC- 2 \ � \ \ \ \ j ZLLJ IA L-L - \ / - / � 6 � ui : w LU . Z Q u ` . r 8 W a. w ou ZLU -- tA s� C, S W ui ¢ ® ® -4 Cry z ¢ v E 1 � cc t zm z a w j W w zuw 1 99 w a w ou Vb (A W LU 2f k C uiou .. Y • a w 1 NJ j Z W _7 eaC Q ® p g � e j rW C 'rz ale ou .. U zs 'S cii t cii Z cn W W 7 z UJ a f d W ou rw r Q5 t } cn cW v W LJJ W C � v 8 m cae t .r�,.,.a➢' UJ 0 Q � d W oum j a i r Z sa W LLJW Z Q TO WHOM IT MAY CONCERN, WE THE UNDERSIGNED WHO ARE GENERATIONAL RESIDENTS AND STAKEHOLDERS, IN RESPECT TO REDEVELOPMENT ON ROBERT E. WELLS MEMORIAL AVENUE (AKA) MARTIN LUTHER KING BLVD. DESIRE TO HAVE A COMMERCIAL CULTURAL HUB WHICH WOULD INCLUDE NUMEROUS REVENUE GENERATING COMPONENTS INCLUDING BUT NOT LIMITED TO: 1) STATE OF THE ART GAME ROOM 2) STATE OF THE ART RECORDING STUDIO 3) RESTAURANT 4) BILLIARD ROOM 5) CONCERT HALL THAT WILL ATTRACT NATIONALY RECONIZED MUSICIANS AND ENTERTAINERS THE DESIRED LOCATION FOR THE CULTURAL HUB IS WHERE THE HISTORIC "CLUB CONTINENTAL" WAS PREVIOUSLY LOCATED THE ABOVE MENTIONED CULTURAL HUB WITH ITS COMPONENTS WILL REVIVE PAST VIBRANCY THAT HAS BEEN LOST BUT NOT FORGOTTEN. THE CULTURAL HUB WILL ALSO SERVE AS A COMMUNITY RESOURCE AND INFORMATION CENTER. HAVING A CULTURAL HUB IN THE HEART OF BOYNTON COMMUNITY WITH THE ABOVE MENTIONED COMPONENTS WILL INSTILL GREAT PRIDE IN OUR YOUTH, OUR FAMILIES, OUR SENIORS AND ALL WHO REMEMBER THE VIBRANCY OF ROBERT E. WELLS MEMORIAL AVE. 1 MLK BLVD. THE CULTURAL HUB WELL SERVE AS AN ANCHOR IN OUR COMMUNITY. HISTORY AND CULTURE ARE IMPORTANT IN ANY CITY. KNOWLEDGE OF ALL CULTURES IS EXTREMELY IMPORTANT. KNOWLEDGE OF ALL CULTURES IS IMPORTANT TO BUILDING BRIDGES OF PEACE AND ECONOMIC PROSPERITY WITHIN THE COMMUNITY AND CITY. mvy-c�,41 oe-1v -26 n t Dry-) -�O \j 1 4� Q. -1, u 4rrY4- r �� (�o C�e-- Ke-A rt, y q* AV lo Aj r � I S 4?4 vIt Id 4 4g n 1D V, n��3 kO Aj vl ((9p LAVCA �; VolV� kft§6� �ksi �- ( 33- K4.W. I Ave aS peowl I it o �`Jn�°�' �' 1 p� o' ej� d� ( n � 3 I �` � I C� ' � �� V) �'4 /�'e l c� P�l�nea c7 7 X k a Ja cdr J �` al��-� 3S Vh i K� �acr h (��/'E � � w , ot�� v� �"q MG5 �//e r� 2 -3 J (o 3-7 f3,-t1& 1,7 Lt 71Y LAII d6, YOZIIAI VD o bi AVE-, CS illq(j� 0 IM E Pl C� 06 `x5N/4fNJ 'B& 00(7 (� � , hOq L- APK 3 d a [ vd 63 . i'J,c o w,A f\q-( Ckc -fo L4 l(� /(�r� � 3�'' eve.. ��,^ � w �� iii ��y��., 1��.,�"I .�� J eq PL 70 . 7l . 4:ase,Y, A> is N. W. 134k 72 113N,H/ � I +h A��- I�oyn+on Ile BGG 77 Q33 Avk o 1, I'n 1 . Q- ' C, �vf O)v 3 o poQ- WD( ry 5 4L '65 'Aw 6, 6 xe<t vi -,J", 'AVC �L+", �Jvv I LIA CL -�--I\j vi IV, ef eb v C2-'-'�%V-t -94S cil f 7r �3^ �3 -3 I-Z 33 / 1u� � CUr k)--� Lt 02 Ndt-Fcl t3 0 AA4) ISOrlv- 36 xy 1`5) A 50a s,4 JOknOar� esPyq- 3�C) Roy,+k w e,,s+ J � � �hc� rw Vct r I o,�� /c�l r�� 3141 (�A kjQ P z Q,3 s 0jkle- ATP,Lt 5 a19 Nig 12 ��-�w�hLrr�4e �- � CI( )14 /3 newVO( i 3 6 �Y� ✓� �f l � � ,30� �f C,� l I�u ��(r 53 N 13 3 fV -7 V6 136 r-q [), j s7 Z S e 4 6 J k A U L, h gal CJO cl JL DA; over i/<ti IS 7 l� Lo T` Nicklien, Bonnie From: Lyndsey Runrun <lynzrunrun@gmail.com> Sent: Thursday, March 01, 2018 1:43 PM To: Nicklien, Bonnie; Romelus, Christina Cc: McCray, Mack Subject: MLK Jr. Blvd. corridor comments As a stakeholder in the community of Boynton Beach, I believe neighborhood development and placemaking must come from the neighborhood people, and not from the top-down urban renewal as the mayor was pushing. You cannot expect deep racial, economic, and justice divides to wash away simply with a new building like some of the commissioners and mayor want to erect. Yes, anchor jobs are needed, but since you have the once in a lifetime chance as community leaders, why don't you try to be innovative in order to lift a community up? Why not create a mixed uses project that benifits the neighborhood in more ways than one. For example, why not create a space for a local restaurant like Robinson's to have a new space and outdoor seating? Why not have a police substation along the corridor? (Which reminds me that recently a young man who is no saint, but who now has a daughter, said he wanted to move when he heard you guys were moving the police station to High Ridge. He said the reason it is better than north of BB Blvd. is because of the police station.) Why not have space for a local market because as many projects show that the direct economic benefits that result from placemaking strategies indeed amplify cherished aspects of local culture? This is the case with public markets, which can help struggling communities begin to rebuild and reactivate local identity and economic activity. Why not create a partnership with the CRA, Chamber of Commerce, library, and others, to create a black business incubator in order to foster a new middle class? The African American Library and Research Center in Broward County (Lauderhill) has a business librarian, SCORE workshops, an Small Business Resource Center. The cities of Memphis, Seattle, Atlanta (and more) have created black business incubators, along with city contract goals for minority and women owned businesses. As quoted from the article by Julia Craven about the Memphis incubator, Darrell Cobbins says, "If black businesses were thriving more in Memphis, they could employ more black people. They could open up vocations in these black communities," he said. "[People] would be able to economically reinvest in their communities and in the Memphis community, and just make it a stronger, more viable place to be." We need this for Boynton. Links: Seattle: https://www.geekwire.com/2017/black-dot-business-incubator-moves-bigger-space-opportunities/ Memphis: https://www.huffingtonpost.com/entry/memphis-black-owned- businesses us 59ba7c5ae4b086432b04a9be Atlanta: i https://urbangeekz.com/2015/02/business-incubator-targets-minority-owned-startups/ It cannot be overstated that the importance of community members' involvement in tackling neighborhood change is crucial. This knowledge also emphasizes the importance of creating places that benefit everyone - places that connect existing residents, instead of dividing, alienating, or displacing them, and places that enhance the existing character of a neighborhood, instead of erasing it (which to me sort of sounds like your poorly planned downtown Boynton development). A good portion of the residents around it are Haitian and tell me, how many Haitian or Black owned business will be in the downtown area? To you it is underused, but saying that it will connect everyone, rather than divide or displace, is unrealistic given deeply embedded racism and classism. When we say a park or a downtown is under-used, we should qualify that by saying "underused by middle-class professionals" if what we are objecting to is the presence of poor and homeless people who cannot afford to purchase a cappuccino as "rent" for a coffee shop table. When we talk about "activating public space", we should talk about who is already active in those spaces—people who in fact may have nowhere else to go. The ability to define an activity as desirable or undesirable, or define a "great place" or a "sketchy place" is a form of power that planners exert unthinkingly. In a "just city" residents can actually afford food at eateries and wares sold at businesses in their neighborhoods and, even more, they are provided access to services so they too can create businesses in the very locales they reside. When looking at businesses who will occupy the spaces in the downtown and MLK Parkway corridor, keep in mind that they need to appeal to all residents, especially those in the immediate vicinity. Why do you not have Haitian American celebrations and outdoor food festivals to amplify the local culture? Of course, there are significant challenges involved in creating equitable places in practice, and equally difficult to measure their success or "equitability." For example, how do we make public spaces truly inviting for all— what does this entail, and how might it vary from location to location? How exactly do we ensure that a community engagement process is truly inclusive? How do we fund equitable projects? How do we create places that work best for the people who actually use them? It's not easy and there is no foolproof blueprint... because cities across America are still trying to get it right... because you would be attempting to change the mold of gentrification and/or standard redevelopment, but I would argue that it is worth it for the community to attempt real lasting change, from the neighborhood up. Boynton can be the change so many want to see. Good luck! Sincerely, --Boynton Stakeholder P.S. For more information on placemaking please see www.pps.org (Project for Public Spaces). The blog is especially great for articles relating to communities such as ours. 2 Nicklien, Bonnie From: pr.group@juno.com Sent: Friday, February 23, 2018 3:10 AM To: Nicklien, Bonnie Cc: PR.GROUP@JUNO.COM Subject: : Letter to Cpl. Burt ! Attachments: IWO JIMA.JPG; Military_Museum_Interior_2 - Copyjpg; MILITARY DISPLAY.JPG; KILROY BULGE.JPG; MARINE DISPLAY.doc; OFFICERS UNIFORM.JPG;VETERANS FLAGS -i Pg DEVELOPEMENT MEETING TO YOUR ACKNOWLEDGEMENT RECEIPT APPRECIATED Advisory Board Meeting - March 1... 2018 Thuy Shutt, AIA, FRA-RA Assistant ircr Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 3343 DEAR CONTACT MEMBERS THANK YOU FOR THE CONTACT OUR VINTAGE VETERANS MIGHT NOT BE ABLE TO ATTEND THIS MUCH NEEDED MEETING AND WE SEND OUR GREETINGS AND HOPEFULLY NEED OF OUR PROPOSAL OF THE BOYNTON BEACH VETERANS MEMORABILIA MUSEUM AND EDUCATION CENTER AS A DONATION FOR THE NEEDED DEVELOPEMENT PROJECTS. MAYOR GRANT HAS APPROVED OUR PARTICIPATION AND SEE ATTACH ENCLOSED PARTIAL IMPRESSIVE DISPLAY THAT THE RESIDENTS, STUDENTS OF ALL AGES AND TOURISTS WILL HAVE THE CHANCE TO VISIT THE ONLY VETERANS MUSEUM IN PALM BEACH COUNTY WITH ITS $10 THOUSAND DOLLAR INVENTORY RESPECTFULLY CPL BURT RICHARDS AND BOARD I am proud to have Corporal Burt Richards here to lead us in the Pledge of Allegiance tonight. He is the mon who spearheaded the successful action that caused all of Palm Beach County Schools to close on November 11, 2011 Veterans Day. Corporal Richards received the Palm Beach County American Red Cross Courage Award for Education. Congressman Ted Deutch honored Corporal Richards in the Congressional Record. He received the General Colin Powell Award for the Promise For Youth Advocate. During his educational visits to Schools, Corporal Richards is known for distributing FREE School Supplies, Books and more... His current and perhaps most ambitious project involves the launch of o non-profit organization that will open the Palm Beach County Veteran's Museum & Education Center. • fig � i��sSS�t_Sf�1�, � .3 1� � ttsr;,� i��f — � 1C Sir- �,(,.f 4}iil��4 ��s}�� "AWIll�7!11'11 All -- � �i}��i S))il1" � 54;1, ,: iy, ,�;�,, '. ,,._+t�� 1SA})�)� ai}��,r�jjj a, ,_.{ y,_�,�{ �� ,U, ,si aS�.ly�t'�s '}{}}psrt---� -. _ � ��Syl£�i y}t5 ££}i,,,„ �� } i - Ir�:.��ta:•�`,'�'#`r`� i£�i )�i)��`��Sr"��rtt�}� - � ._. �� t, t�� )r 11 �`�� Itt<� - '4� ��{t{rI l{£(> { � III c��>�{t'£��i£,r„�r �) t, ? � � �i� t�``. 1}��` j��„ r,,1S}�� ._ - �j( �}'�'w��"i "�`>mr I i � i I�� t 11 � � a�i)�1�tu)u�, �i��, �'� £ -i i ��__. 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Ocean Ave. I Boynton Beach, Florida 33435 o: 561-742-6247 1 f: 561-742-6239 Crawford Ch@bbfl.us www.boynton-beach.org Like us on Face ba n!0 n 5 e C11 c,h [I L America's Gateway to the Gulfstream 8 Please be advised that Florida has a broad public records law and all correspondence to rrac:via email may be subject to disclosa.re.Under Florida records law, email addresses are public records. "="herefore,your a:-mail communication and your s:-mail address may be suhject to public disclosure. 9 U Z CL 0 Lu V IN I, s 1 i! ire i. E t � . G i } t 1 (h isa 1 1 ff ��, t �llllllllllll llllllllllllllllll\\ill III}N I � - 11 1 t r (ti` 9 fl t t r 1 -- �1 CRA Advisory Board Report Recommendations for Consideration of Redevelopment Options for CRA Owned Parcels within the MLK,Jr. Boulevard Corridor At the March 1, 2018 CRA Advisory Board meeting, there were numerous residents of the Heart of Boynton Community along with a signed petition from about 130 people as well as business owners on MLK Blvd who expressed their suggestions for the redevelopment of the MLK corridor and specifically the vacant CRA-owned land. Those suggestions included: • Community Outreach Center/Learning and Training Center—include tutoring, computer skills, and other trade skills • Restaurants and Entertainment • Concert Hall/Recording Studio • Gas station • State of the Art Game Room and Billiard Room • Grocery store that would cater to the neighborhood • Revival of the "Continental Club" • Apts./residences above commercial locations (mixed use) The CRA Advisory Board is very supportive of a concept of bringing back the vibrant "Heyday of the Heart of Boynton" as a focus for the revitalization. The CRA Advisory Board also considered the Sara Sims Park and Recreational Center as a focus for the Community Outreach and Learning Center Programs in order to keep the commercial aspect of the redevelopment intact. In conclusion, the CRA Advisory Board recommends that the CRA Board pursue the following with respect to the CRA-owned land on MLK Blvd: 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). This option was chosen as it is the shortest timeframe and could provide the maximum flexibility. The CRA Advisory Board also recommends that the entire streetscape of MLK be considered in this phase to tie-in the "Heyday of the Heart of Boynton" concept. It is anticipated that before the construction begins, that some business occupants will have committed to locate to the building. Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Further comments from the board reflected their desire to not expand the grant criteria, although Mr. Hendricks' concern was the low number of people applying. Ms. Shutt said that leftover funds would roll over to the next year. [Vice Chair Pollock arrived at 7:27 p.m.] Dr. DeVoursney advocated for opening up the categories at the next budget hearing. Ms. Shutt advised that in a regular budget cycle, they would start advertising for a grant in June, do a workshop, and have recommendations by August. She said they started late last year. Motion made by Dr. DeVoursney, seconded by Mr. Murphy, to keep the grant to involve economic and business development for the remainder of the fiscal year 2017/2018, and to keep the review committee for the grant at the current census. In a voice vote, the motion passed unanimously (7-0). 3. Discussion Regarding Redevelopment Options for the CRA Owned Parcels within the MILK Jr. Boulevard Corridor Chair Cross wanted to hear public comment first on the potential development options in that area. Public Input Victor Norfus, 7849 Bench Center Way, Boynton Beach, said he owns property on Martin Luther King Boulevard East and has lived in the community a long time. Mr. Norfus mentioned several organizations that were here in the past and should be resurrected: the Community Resource Center (job resources, employment activities, nonprofit community organizations could meet, CRA outreach programs held). They need buildings for businesses, but they are torn down. Also needed is a shopping plaza (something like Sunshine Square) with several floors upstairs for rental apartments. He recalled that most of the business started on Martin Luther King Boulevard and went west. Reverend Bernard Wright, 713 NW 2 Street, Boynton Beach, said he distributed a petition for a commercial cultural hub. He read the petition (which has 160 signatures) for the record. The hub would include state- of-the-art game rooms, recording studio, restaurant, billiard room, and a concert hall. The cultural hub would be at the former location of the Continental Club. It would also serve as a community resource and information center. He said he could bring recording artists to Boynton Beach, bringing money back in. He spoke of the various groups that could benefit from the hub via a re- entry program. He said he opposes gentrification and had his "people's interest at heart." Dr. Martha Meeks Light, NW 6 Avenue, Boynton Beach, said she has been connected with the CRA since its origin. She advocated for a multi-cultural learning/training center 6 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 for children to learn skills so that could pass tests for licensing or certification for jobs such as nursing or carpentry. Children also need paid tutors. She wanted a grant for computer skills to be taught at the Recreation Center in the daytime either at Ebell Hester or Carolyn Sims Park. David Katz, 67 Midwood Lane, Boynton Beach, said that this meeting was advertised on the City website as a "community meeting" for the redevelopment of Martin Luther King Boulevard. He said he has sat through numerous meetings on the subject, and said it was time for the CRA Board and staff to pay attention to the petition brought by Reverend Wright. Vice Mayor Justin Katz, 1353 Via de Pepi, Boynton Beach, stated there was no way that the project would come to fruition if they tried to prescribe the types of businesses that go there. He said the reason there has been no commercial development on Martin Luther King Boulevard is because it is not a profitable area, to draw in business owners or investors. He supporting allocating $1.5 million of CRA money to build commercial shells on the property on the north side of Martin Luther King Boulevard and Seacrest Boulevard, because he felt the government needed to identify that corner as a "market failure." However, the CRA Board rejected the allocation, so the CRAAB must figure out a way to stimulate economic, commercial, or mixed use development working within a budget of less than $1.5 million. Vice Mayor Katz continued, requesting that they do not attempt to prescribe businesses that must go there, because it will pigeonhole them into forcing certain businesses in there. At a recent community gathering to discuss the shootings in Boynton, the majority of those present said that they do not want a club in east Boynton Beach. They said the clubs are the origin of problems in their neighborhoods. John Danes, 370 NW 17 Avenue, Boynton Beach, said he has worked on Martin Luther King Boulevard for the last 21 years at Robinson BBQ. He said they are stable business and should be part of the economic development. They have fed the "entire community" for 16 years at the summer holidays at Intracoastal Park. In 2005, they opened their doors to the community because they have a gas stove and did not charge their customers anything to eat. Reverend Bernard Wright came up to microphone again. He said the CRA Board and the City Commission are two different entities, but yet the same entity. He said they know the solution is redevelopment. He lamented how long it has taken to get things done in the area. Willie Aikens, 726 NE 1 Street, Boynton Beach, President of the Heart of Boynton Neighborhood Association, said that Martin Luther King Boulevard has been misused and overlooked for over 60 years. He faulted the CRA for not advocating funding for redevelopment. He spoke in favor of the cultural center as a multi-purpose center for job training as well as for recreation. Mr. Aikens said that the neighborhood does not have what other districts do, and the CRA needs to start work there. 7 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Pastor Richard Danes, 223 NE 12 Avenue, Boynton Beach, said he serves as President of the Boynton Beach Coalition of Clergy. He believed that more than 150 people reside in the Heart of Boynton District, and they need the multipurpose building on Martin Luther King Boulevard. He asked how they expect the situation to improve in the corridor if something does not change. They need to move forward, and move smart. Mark Karageorge, 248-A Main Boulevard, Boynton Beach, said that the Coalition of Clergy has always been the voice of reason. He said there have been many opportunities for development turned away due to market study results or requests for land assembly. He said there is now a possibility for land assembly. He spoke about his effort to get a Darden Foods on Martin Luther King Boulevard. Mr. Karageorge said they need to keep all options open. Ray Whitely, 223 NE 12 Avenue, Boynton Beach, said there is a great opportunity because there is now an aggressive board that is pro-development. He clarified that they have to be strategic, noting there is more than one parcel on Martin Luther King Boulevard and they do not have to pursue land assembly. He suggested the Town Square area could complement the development on Martin Luther King Boulevard. That way the community wins, and the CRA wins. He said they have to begin with mixed use. Chair Cross asked members of the public to fill out comment cards and put them on the table at the back. Chair Cross said there is still $1.5 million or more in the project fund for investment in the Martin Luther King Boulevard corridor. She said there are three options: • Have the CRA utilize existing architectural contracts and prepare bid documents for somebody (design, bid, build) • Get pre-qualifications of contractors • Build to suit Chair Cross suggested that this board needs to recommend a way forward for the CRA Board. Ms. Shutt clarified that the "build to suit" would be for the CRA-owned properties. The design build is a method used with the contractor from the beginning. He is responsible for the designers as part of his complement of his team. It is a shorter process. She said they were recommending a shell that would accommodate the permitted uses - there could be tenant space. They would have to be sure that delivery trucks and trash pickups could get into the property. Ms. Shutt continued, noting that the land is good only if pieces that are large enough to design and build a building per Code. The northern parcel can accommodate a 5,000 square foot building. She said some small office/retail/nonprofits have expressed 8 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 interest in occupying the building. The space would be flexible for neighborhood- serving uses. Dr. DeVoursney commented that the City has a history of successful concepts, like Ocean Breeze West and the marina. If a concept is put together, they might be able to achieve something. He described the Dallas Heritage Village at Old City Park, which was built on the concept of what life was like there before 1910. He suggested going to the local Historical Society and get photographs showing what the Continental Club looked like, and then rebuild it. He said they could make it an attraction for everyone, and the economic development would bring safety. Dr. DeVoursney emphasized they would have to make the concept first and invest in the concept, so that the developers would see the value in it. He added they could make it a Brightline stop. Mr. Barber believed that development needs to happen, and he is in favor of whatever process moves it along the fastest. He said the community needs to be more realistic about what is going to work in the area, as well as why the area is now seen as desolate. If the people who signed the petition will not call the police or help stop crime, any redevelopment that goes in the area will stagnate. Mr. Barber praised Reverend Wright for gathering the signatures, but said the community needs to take ownership, as does the City. Reverend Wright said they need to change mindsets. He agreed that through their leaders, the community needs to take ownership. He said they need the information and the education from their leaders. Minister Bernard Macon, Coalition of the Clergy member, said that there used to be a lot of crime and drug deals on Seacrest Boulevard, but the economic development there improved it. The community, the police, and the CRA came together came together to build something much more positive. He said that the area under discussion has the potential for economic growth, although nothing has been done. It will take a group effort. Mr. Hendricks confirmed that visioning and studies for the street have already been done, and they need to establish the architectural vision/guidelines for the street. Mr. Simon mentioned that the Heart of Boynton Community Redevelopment Plan established building heights, type of architecture, etc., to provide the investment community with guidelines. He said that the Family Dollar store was the investment for the first commercial project in 40 years on the corner. Mr. Simon continued that the CRA's job is not to invest in the items beyond the shell of a building -- that would be the job of the investor. After the community decides what they want to do, the community and the CRA have to find viable businesses to fit. The input 9 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 from the public at this meeting will go to the CRA Board. He advised against recommending just design/build. Chair Cross reviewed that the community wants mixed use, multi-use, culturally significant, and historically based development. She asked if it would be possible with this particular property to put residential on top and have the shell on the bottom. Mr. Simon noted there is a concept based on square footage and parking requirements, and the map on the screen shows what the CRA has control of at this time. The question would be whether to start dividing up the CRA sections and draw others, or wait until the largest piece can be amassed first. Another question would be if the CRA wants to invest its funds to start building the project. It needs streetscaping. If the CRA goes forward now, there would be site plan approval (four to six months) plus multiple funding years, public meetings, and acquisition of more property. Mr. Simon felt they need to move the factors out that are stopping development, or people will not be comfortable going there. He was disappointed that Family Dollar went downhill instead of raising up the neighborhood. Chair Cross said she heard the following from the community: • Be flexible • Begin with mixed use concept, maybe work in tandem with Ocean Breeze East • Community outreach center including job training, tutoring, computer skills • Shopping plaza, restaurant, concert hall, game room, billiard room Mr. Simon thought they could activate the Carolyn Sims Center with a computer center, etc. Mr. Hendricks commented that while he loves mixed use, right now they can afford flex use commercial space (one story) and redo parking. Dr. DeVoursney asked if they could invest in the streetscape design first so it looks appealing, pointing out they did it that way for Boynton Beach Boulevard. Mr. Simon, however, was not sure that would work for Martin Luther King Boulevard because of the drug problem. He thought the streetscape development should go along with the building - they have to go hand in hand. Mr. Simon spoke about the other improvement projects currently underway. He said there is more than enough money to design many buildings in the professional fee budget, and the $1.2 million will not have to be touched for months. Ms. Shutt remarked that they need outreach to the community and business leaders to ensure that what goes in meets the needs of the community, and Chair Cross asked if anybody had said they would move in if a building were constructed. Ms. Shutt said 10 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 they would build the shell, mechanical/electrical infrastructure with handicap bathrooms, and it would up to the developer to come in and outfit the paint, drywall, flooring, etc. Ms. Shutt said some nonprofits responded, but no commercial or job-generating entities. Some business entrepreneur leaders that have come out of their training said it would be nice to have spaces in the CRA District that they can come into. She said if the right business came in and the community could benefit, they could help with incentives to help with overhead and initial stages of the first year. Mr. Hendricks said there are still some great shops and restaurants on Old Northwood, but it was a "heavy lift" at first. Anthony Mason, 301 NE 10 Avenue, said he runs a barbershop on Martin Luther King Boulevard that has been there for many decades. He said the community has been waiting for development, and they will come if it is built. He said that business is booming and they need more space. Motion made by Mr. Barber, seconded by Mr. Murphy, to recommend that the CRA Advisory Board consider Option #3 (The CRA would issue a Design/Build request for proposal or RFP for an entity which will provide a guaranteed maximum price for the design and development of the site approximately 12 months.). In a voice vote, the motion passed unanimously (7-0). 4. Discussion Regarding Redevelopment for 1110 N. Federal Highway Mr. Simon said the CRA purchased the property but it is not viable to renovate it. They received a Solid Waste demolition grant for $65,000 to do the cleaning and clearing of Cottage District to improve the Public Works facility. Another application has been submitted to the same grant program which will include the demolition project. It is not large, but is on a "great corner." They have had numerous meetings with the property owner on the east side (multi-plex) and on the south corner (vacant building) in efforts to acquire the property. Discussion ensued about what was/is on the various properties in the area. Chair Cross recommended adding other properties to it. Mr. Hendricks suggested using the lot for parking for the church, but Mr. Simon advised that the City would not let them use it for a parking lot without striping, lights, paving, etc. He added they would clean up the lot after the building is demolished. [Mayor Grant joined the meeting.] Motion made by Dr. DeVoursney, seconded by Mr. Barber, to not develop it at this time and look into land assembly to the south and to the east of the property under discussion. In a voice vote, the motion passed unanimously (7-0). VIII. CRA Board Items for CRA Advisory Board Review & Recommendations 11 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CONTRACTOR AGREEMENT This Contractor Agreement (hereinafter "Agreement") is made by and. between Standing Ovations,. LLC '(hereinafter the "Contractor") and the Boynton Beach Community Redevelopment Agency, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter the"CRA") (collectively the"Parties"). : WHEREAS, the'.CRA is in need of Contractor services for The 7th Annual Boynton Beach Haunted Pirate Fest & Mermaid Splash, which will take place at the time and location described below,(hereinafter"Event");and WHEREAS, the Event will be held for a proper municipal purpose and is in the interest_ of the public and in furtherance Of the CRA Plan; and WHEREAS, the Contractor: has the knowledge, ability, and equipment.to provide_ Contractor services at the Event; . .. NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Notice and Contact. a. Contact Person for the Contractor: Stewart Auville Business Name: Standing Ovations, LLC. :Address:2607 West End Road, West Palm Beach;FL 33406. Telephone Number: (561)'951-4443 Email Address: saawpb13@ginail.com b. Contact Person for CRA (hereinafter"Program Coordinator"):. Name: Mercedes Coppin, Special Events Coordinator Address: 710 North Federal Highway, Boynton Beach FL 33435 Email Address: CoppinM@bbfl.us Telephone Number: 561-600-9097 3) Description of the Contractor Services: Contractor will be responsible for planning, coordinating; and managing the overall operations of the Event under the direction of the 00953757-1 Page 1 of 1.2 - . CRA Special Events Coordinator ("Program Coordinator"). The Contractor will report directly to Program Coordinatorr and will.work with support from CRA staff and in compliance with all CRA and City of Boynton Beach financial and operational requirements: For purposes of this Agreement, the term"service providers" shall mean entities that provide services and/or equipment for the Event, including but not limited to: electricity generation; security; cleaning; portable sanitary facilities; tent installation and removal; :stagesetup and breakdown; audio-visual engineering; barricades; parking and shuttle service; tables, chairs, and decor; signage; and production services, along with any other entity necessary or desirable for the operation of the Event. For purposes of this Agreement; the term "Vendors" shall mean those entities renting space at the Event. The obligations of Contractor described in this paragraph shall be referred to as "Contractor Services"yin this Agreement. Specifically, Contractor agrees to the following: a. Contractor shall coordinate and manage all Event logistics as well as obtain all Service Providers selected by the CRA, and obtain or prepare all items necessary to effectively operate and manage the Event. i. In order to obtain service providers, Contractor shall first obtain bids from potential service providers and present those bids to the CRA. Once the CRA selects a service provider,Contractor shall facilitate, to the best of its ability, the formation of an agreement between the CRA and the selected service provider for the Event. • b. Contractor shall act as a liaison between service providers, vendors, volunteers, City of Boynton Beach personnel and.the Program Coordinator: c. Contractor shall assist the CRA with any event sponsorships that are secured by providing sponsorship servicing; including grid creations, pre-event, on-site, and post-event fulfillment obligations.. d. Contractor shall work within.the budgetary constraints of the event set by the CRA Board for the fiscal year 2018/2019 or: as provided by the Program Coordinator. e. Contractor shall submit all proposals, and quotes,to the Program Coordinator for approval before prOcurementi of service providers. f Contractor shall submit all invoices or requests for deposit to the CRA for payment. All payments for services will be made directly by the CRA finance department. g. Contractor shall —procure appropriate event related permits, licenses, and insurance coverage. h. Contractor shall work directly with service providers and manage the coordination and layout of the on-site event, set up: of vendortents, stages, sets and decor, 00953757-1 'Page'2 of 12 portable toilets, barricades, light towers, generators, food court, and other event related items. Contractor shall assist CRA with updating the existing event site map. i. Contractor shall develop a load-iri and load-out schedule for all service providers for the Event: j. Contractorshall assist CRA with volunteer recruitment and management of volunteer program. k. Contractor shall attend all meetings requested.by Program Coordinator, including interdepartmental meetings with staff from the City of Boynton Beach. 1. Contractor shall directly sub-contract an Artist Relations Manager, Entertainment Manager, Volunteer Manager, Operations Managers(3), and Labor Assistants to ; be paid directly by the Contractor-to coordinate, assist, and facilitate throughout. the project. Contract will directly compensate sub-contracted personnel. m. No later than June 30, 2018, Contractor shall provide to the CRA for approval: i. An updated site plan for the Event; Outlined suggestions to enhance the volunteer program; iii: Outlined suggestions to enhance the CRA's existing sponsorship packet; iv. Permit request for the City of Boynton Beach; v: Quotes for core equipment rentals, such as stages, tents;.barricades, audio, radios, golf carts, ATM's, trolley's, port-o-lets, generators, and light towers; and vi. Preliminary database of participants arid key contacts. n. No later than September 20, 2018, Contractor shall provide to the CRA for approval: i. Proof of all required insurance from service providers; ii. A production schedule inclusive of load-in, load-out, event operations, run of show, and breakdown of event; iii. A signage plan; iv. :Copies of proposedcontracts with service providers sufficient to demonstrate to the CRA that Contractor is able to . ensure adequate staffing, appropriate scheduling, and other logistical needs are met during the Event; and V. Proof that Contractor has obtained all necessary event permits. from all entities, including an umbrella permit for the Event from the City of Boynton Beach,and is sufficiently managing all vendor permit needs. o: Prior to the day of the Event, Contractor shall:: i. Collect all required vendor insurance documents; 00953757-1 Page 3 of 12 • • ii. Create and provide the CRA with a database of all participants, including service providers, Vendors, subcontractors, volunteers, and similar entities. The database must include the name of the contact person for each entity, the phone number for the person who can be contacted during the event; email address of the contact person, and the physical address of entity; and iii. Provide an:outline of vendor space assignments. p. On the days of the Event, Contractor shall: i. Coordinate, manage, and direct all Event service providers, logistics, entertainment, Vendors, volunteers, set-up, break-down, and all other happenings at the Event. ii. Ensure that sufficient Contractor staff are present at the Event, based on CRA estimates of attendance at Event, and have additional staff available to assist at the Event at the request of the CRA; and in Coordinate Vendors, including checking Vendors in, providing Vendors. with booth assignments, and addressing requests of Vendors. q. After the Event, Contractor shall attend a wrap-up meeting at the direction of.the Program Coordinator. r. The Parties agree that the obligations and deadlines in this Paragraph 3 (Description of 'Contractor Services) are material and essential terms to this Agreement. 4) Approximate length.of Contractor Services. From March 2018 to December 15, 2018 5) Dates and Times of the Event. Dates: Between the hours of October 27, 2018 11 A:M. and 9 P.M: October 28, 2018 11 A.M. and 6 P.M. Location. 129 East Ocean Avenue, Boynton Beach, FL 33435, between Seacrest Boulevard and Federal Highway. 6) Compensation::The CRA shall pay the Contractor for the performance of the Contractor Services as follows: 00953757-1 Page 4 of 12 a. The CRA shall pay the Contractor a total of $42,500 (hereinafter, "Compensation") for the performance of the Contractor Services, as described herein, which sum shall be paid as follows: First Payment shall be $10,000, payable at the time of execution of the Agreement, provided that the Contractor has provided the CRA with the tax forms required by this Agreement. Second Payment shall be $5,625, payable on May 18, 2018, provided eContactor . . _ - . is performingunder this Agreement. Third Payment shall be $5,625, payable on July 18, 2018, provided Ceontactor has submitted the contract deliverables due June 30, 2018 and is performing under this Agreement. - - ' ,. •_ ; ! . Senziees-te-theWr. Fourth Payment shall be $5,6257,5005,333, payable on Septe 8August 18, 2018, provided Ceontactor is performing under this Agreement'-as-submitted Services to the..CRA. Fifth Payment shall be $5,625, payable on September. 4421, 2018 provided Ceontractor has submitted contract deliverables.due September 20, 2018 and is performing under this Agreement. Final Payment shall be. $10,000, payable upon completion of the Contractor Services provided that the Contractor has submitted all paperwork required by the CRA and described in this Agreement, and has performed as otherwise required by this Agreement.. 7) Form of Payment of Compensation. All payments of Compensation shall be made in the form of a CRA check made payable to: Standing Ovations, LLC. Payment of Compensation upon completion of the Contractor Services is dependent upon sufficient time having been allowed for processing of this Agreement. The Final Payment shall be made within 45 days after the Event, in accordance with the Local Government Prompt Payment Act, Section 218:70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part,. and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Contractor Services. 8) Costumes, Equipment, Etc. All costumes; footwear; makeup; props; equipment transportation, set-up, and break-down; and anything else necessary to provide the Contractor Services shall be provided by and at the expense of the Contractor. The Contractor shall leave the Event site in a condition equal to that prior to performance of the Contractor Services. The CRA shall not be responsible for any equipment or other property of the Contractor brought to or left on CRA property. 00953757-1 Page 5 of 12 • 9) Personnel. Contractor represents that Contractor.has, or will secure, all necessary personnel requiredto perform the Contractor Services under this Agreement: Such personnel shall not be employees of, or have any contractual relationship with, the CRA. All of the Contractor Services shall be performed by the,Contractor, or under Contractor's supervision, andall personnel engaged in performing, the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such Contractor Services. Contractor warrants that all Contractor Services shall be performed by skilled and competent personnel in accordance with all applicable federal, state,and local professional and technical standards. 10)Vehicles. All vehicles belonging to Contractor or Contractor's personnel shall be removed from the event location site and parked in the assigned area prior to the start of the Event. 11)Propriety. The Contractor shall ensure that their performance of Contractor Services will not contain swearing, lewd actions, or lewd comments, or any behavior, activity, or language unsuitable for the intended public audience. 12)Content, Logistics, Etc. The Contractor understands that the CRA has sole and absolute discretion as to the content and propriety of the Event. The Contractor also understands that the CRA has final and complete control of the method, manner, means, scheduling, placement, and other logistical considerations at the Event. The Contractor shall be allotted reasonable time for meals, bathroom breaks, costume changes, or other reasonable breaks, as applicable.. The Contractor also understands that, with the exception of the Contractor Services, the CRA retains creative control of all other elements of the Event, including but not limited to sound levels, selection of service providers, choice of entertainment and other performers (include master of ceremonies and speakers),performance length, lights; amplification, stage sets, and film or video played to the audience during the event. The Contractor shall have exclusive control of the Contractor Services provided by the Contractor. 13)Cancellation. The CRA reserves the right to cancel or postpone the Event for any reason. a. If the CRA cancels or postpones the Event 72 hours or more before the scheduled Event date for reasons other than breach by the Contractor, the CRA shall not be liable to Contractorfor payment for any Contractor Services not yet rendered, but shall be liable only for payment of goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation. b. 'If the CRA cancels the Event less than 72 hours before the scheduled Event date for reasons other than breach by the Contractor, and does not reschedule the Event, the Contractor is entitled to compensation from the CRA only for 1) goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation, and 2) any costs Contractor incurred that it cannot get refunded for and/or cannot mitigate forr in another transaction. c. If the CRA cancels the Event less than 72 hours before the scheduled Event date for reasons other than"breach by the Contractor; and :the CRA desires to 00953757-1 Page 6 of 12 reschedule the Event, the CRA shall consult with Contractor concerning the date for the rescheduled Event. If the=Event (and any related Contractor Services) are _ rescheduled; Contractor agrees that payment will occurupon completion of the rescheduled Event. If the Event is rescheduled,_only the date and times of the - Event (and any related Contractor Services) and the date of payment under this Agreement shall be modified; the other terms of this Agreement shall remain in effect unless otherwise modified under this Agreement: If the Contractor can provide evidence that it cannot participate in the rescheduled Event due to. unavoidable conflict, the Contractor is entitled to compensation" from the CRA only for: 1) goods received and Contractor Services rendered and accepted by the CRA prior to the date of notice of cancellation,=and.2) any costs Contractor incurred that it cannotget refunded for and/or cannotmitigate for in another transaction. d. In no case shall any payments made pursuant`to-this :paragraphexceed the amount of Compensation identified in paragraph 6 of this Agreement. e. In the event of any cancellation or postponement, the CRA will .endeavor to notify the Contractor as soon as practicable prior to the Event date. f. It is understood that this is a "rain.or shine" event and the terms of this Agreement are in no way affected by inclement weather unless otherwise determined by the CRA. Every effort'will be made to continue the Event. However, the CRA reserves the right to cancel the Event in the-event that the weather poses a potential danger to the Contractor, the equipment, or Event attendees and participants. Safety shall be the paramount consideration in. determining whether the performance must be cancelled due to weather. g. Any failure of the Contractor to perform may be excused only for, proven sickness or injury, civil tumult or riot, terrorist acts, epidemics, acts of God; or other conditions beyond the control of the Contractor. The Contractor or agent must notify the CRA immediately of any reason which might result in Contractor's failure to perform on the scheduled date. h. The.CRA reserves the right to approve/substitute. -any other contractor for ' Contractor in the event that Contractor is not able to perform the Contractor Services as required by this Agreement. 14)Default. The failure of the Contractor to comply with the provisions set forth in this Agreement shall constitute a default andbreach of this Agreement: If the Contractor 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 and refuse Payment. _accordingly. 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 Contractor's breach or default. 15)Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Event, whether such 00953757-1 - - Page 7 of 12 - - - damage or injury occurs before, during, or after the Event. The Contractor 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 Contractor. This 16)Indenmification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is.otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Contractor. 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 Contractor to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 17)Transfer. The CRA may assign or otherwise transfer this Agreement to the City of Boynton Beach at any time upon 5 days written notice to the. Contractor. The Contractor 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. 18)Insurance. The Contractor 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 ("COI") with a liability limit,of at least $1,000,000 per occurrence. 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 Contractor by or on behalf of the CRA or acts or omission of the Contractor in connection with providing Contractor Services pursuant to this Agreement. The Certificate must include the following additional insured language: Boynton Beach Community Redevelopment Agency 710 N.Federal .'ighway Boynton Beach, Florida 33435 The City of ":oynto u Beach 100 E. :joynton r.each Boulevard :,oynton Beach,Florida 33425 In the absence of a COI, the Contractor shall sign the CRA Indemnification & Waiver of Liability Agreement provided by the CRA. 00453757-I Page 8 of 12 19)Tax Forms. The Contractor shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Contractor Services. The Contractor assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members) own FICA and Social Security benefits and all taxes resulting from this Agreement. 20)No Discrimination. The Contractor 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. 21)No Partnership, Etc. The Contractor 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 the Contractor is an (a) independent Contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Contractor Services. The Contractor will exercise its own judgment in matters of safety for itself and attendees of the Event. The Contractor attests that the CRA is not supplying insurance to the Contractor or its employee(s), and that Contractor's employee(s) maintain(s) a /it posse:ses a current personal accident and or personal health insurance policy or policies for Contractor's employee(s). 22)Promotional Materials. The Contractor agrees that the CRA may photograph and/or record video and audio of the Event, and that such photographs and recordings may be (i) used for the purposes of promotion of the Event or future events; (ii) transmitted live or by recording on local television and radio channels; and (iii) used in materials intended for public display or distribution to the public, including but not limited to print advertisements, billboards, street and light pole banners, websites affiliated with the CRA, and social media affiliated with the CRA. The Contractor agrees that the Event, including information about the Contractor and the Contractor Services to be provided, can be advertised prior to or subsequent to the Event. 23)No Infringement. The Contractor represents that in performing the Contractor Services under this Agreement, the Contractor will not infringe on the property right, copyright, patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Contractor Services is an infringement on the property right, copyright, patent right, or other rights, the Contractor will indemnify the CRA against any and all loss, damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 24)Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede 00953757-1 Page 9 of 12 all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 25)Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as maybe 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. 26)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. 27)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. 28)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. 29)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. 30)Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. 31)Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Contractor Services described in this Agreement. b. Upon request from the CRA's custodian of public records,provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for 00953757-1 Page 10 of 12 the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the CRA. d. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S IUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737®32569 710 North Federal Highway, Boynton Beach, Florida 33435; or BoyntonBeachCRA( ,,bbfl.us.. The Contractor also understands that CRA may disclose any document in connection with performance of the Contractor Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 32)Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 33)Compliance with Laws. In the performance of the Contractor Services under this Agreement, the Contractor 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, including ethics and procurement requirements. 34)Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement. This Agreement will automatically terminate after the performance of the Contractor Services and payment by the CRA, or on December January 1, 2019, whichever occurs first, unless the CRA renews this Agreement pursuant to subparagraph 34(b) of this Agreement. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Contractor Services or the Event pursuant to this Agreement. a. The CRA shall have the right to terminate this Agreement without restriction upon 24 hours written notice to the Contractor so long as such notice is provided 3 months or more before the scheduled Event date. If the termination is for reasons other than breach by the Contractor, the CRA shall be liable only for 00953757-1 Page 11 of 12 payment of goodsreceived and Contractor Services rendered and accepted by the CRA prior to the date of notice-of termination. b. Prior to the termination of this Agreement, the CRA may, at its option,renew this Agreement for the 2019 8th Annual Boynton Beach Haunted Pirate Fest and. Mermaid. Splash (2019 Event) by providing written notice of renewal to Contractor. Contingenton the success of the Event, Contractorwill be eligible for a three percent (3%) rate increase upon renewal.for the 2019 Event. If the CRA renews this Agreement, only the.dates (including the fiscal year referenced in subparagraph 3(b)), times of:the .Event, and amount of compensation in this Agreement may be altered, which .alteration must be accomplished through written agreement of,the Parties. Only those terms specified in such written agreement will considered altered by the renewal. If the parties fail to agree to such altered terms within 60 days of the written notice of renewal by the CRA,the renewal will be considered void and the Agreement will be considered terminated. 35)Survival. The provisions of this Agreement regarding the content of the Event, promotional.rights, infringement, indemnity, waiver, insurance, agents, and cancellation shallsurvive the expiration or termination of this Agreement and remain in full force and effect. • IN WITNESS WHEREOF; the parties hereto have caused this Agreement to be executed on the day and year written.below. By:. Date: Authorized Representative for Contractor Print Name: By: Date: . . Authorized Representative for CRA Print Name: 00953757-1 Page 12 of 12